Terms Used In Virginia Code > Title 2.2 > Subtitle I > Part C > Chapter 18 - Department of the Treasury

• AAPFCO: means the Association of American Plant Food Control Officials. See Virginia Code 3.2-3600
• Abuse: means an employer's or employee's conduct or omissions that result in substantial misuse, destruction, waste, or loss of funds or resources belonging to or derived from federal, state, or local government sources. See Virginia Code 2.2-3010
• Access: means the ability to receive, use, and manipulate data and operate controls included in information technology. See Virginia Code 2.2-3501
• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affiliate: means any person or subsidiary thereof, who has, either directly or indirectly, actual or legal control over a distributor, whether by stock ownership or in any other manner. See Virginia Code 3.2-3200
• Agency: means any state board, department, commission, agency or other unit of state government except a county, city, town or any agency thereof. See Virginia Code 2.2-3400
• agency: means any agency, institution, board, bureau, commission, council, public institution of higher education, or instrumentality of state government in the executive department listed in the appropriation act. See Virginia Code 2.2-2006
• Agricultural liming material: means any limestone with calcium and magnesium compounds that has the capacity, and whose intended purpose is, to neutralize soil acidity. See Virginia Code 3.2-3700
• All-virtual public meeting: means a public meeting (i) conducted by a public body, other than those excepted pursuant to subsection C of § 2. See Virginia Code 2.2-3701
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Anaerobic digestion: means the controlled anaerobic biological decomposition of organic waste material to produce biogas and digestate. See Virginia Code 3.2-3600
• AOAC International: means the Association of Analytical Communities, formerly the Association of Official Analytical Chemists. See Virginia Code 3.2-3600
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means the person who applies for, or requests, a license, or applies for registration of any liming material; or applies to become a contractor. See Virginia Code 3.2-3700
• Apprentice: means a person at least 16 years of age who is covered by a written agreement with an employer and approved by the Director. See Virginia Code 2.2-2043
• Appropriate authority: means a federal, state, or local agency or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or abuse; or a member, officer, agent, representative, or supervisory employee of the agency or organization. See Virginia Code 2.2-3010
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authority: means the Virginia Commercial Space Flight Authority. See Virginia Code 2.2-2201
• Authority: means the respective political subdivisions of the Commonwealth created in this subpart. See Virginia Code 2.2-2200
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the board of directors of the Authority. See Virginia Code 2.2-2201
• Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Bonds: means any bonds, refunding bonds, notes, debentures, interim certificates, or any bond, grant, revenue anticipation notes or any other evidences of indebtedness or obligation of an authority, whether in temporary or definitive form and whether the interest thereon is exempt from federal income taxation. See Virginia Code 2.2-2200
• Brand: means a term, design, trademark or product name under which a regulated product is distributed. See Virginia Code 3.2-3600
• Brand: means the term, designation, trademark, product name or other specific designation under which any liming material is offered for sale. See Virginia Code 3.2-3700
• Budget Bill: means the Budget Bill submitted pursuant to § 2. See Virginia Code 2.2-1831.1
• Bulk: means in nonpackaged form. See Virginia Code 3.2-3600
• Bulk: means materials in nonpackaged form. See Virginia Code 3.2-3700
• Burnt: means any agricultural liming material with calcium and magnesium compounds capable of neutralizing soil acidity, and that consists essentially of calcium oxide, or a combination of calcium oxide and magnesium oxide. See Virginia Code 3.2-3700
• Calcium carbonate equivalent: means the acid neutralizing capacity of any liming material, expressed as weight percentage of calcium carbonate. See Virginia Code 3.2-3700
• Candidate species: means those species formally recommended by the Director of the Department of Conservation and Recreation or other reliable data sources in writing to and accepted by the Commissioner for presentation to the Board for listing under this chapter. See Virginia Code 3.2-1000
• Certificate: means a document issued or authorized by the Commissioner indicating that a regulated article is not contaminated with a noxious weed. See Virginia Code 3.2-800
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Closed meeting: means a meeting from which the public is excluded. See Virginia Code 2.2-3701
• Collegial body: means a governmental entity whose power or authority is vested within its membership. See Virginia Code 1-209
• Commercial fertilizer: means a fertilizer distributed for farm use, or for any other use, other than any specialty fertilizer use. See Virginia Code 3.2-3600
• Commission: means the Milk Commission. See Virginia Code 3.2-3200
• Commonwealth information technology project: means any state agency information technology project that is under Commonwealth governance and oversight. See Virginia Code 2.2-2006
• Commonwealth Project Management Standard: means a document developed and adopted by the Chief Information Officer (CIO) pursuant to § 2. See Virginia Code 2.2-2006
• Compost: means a biologically stable material derived from the composting process. See Virginia Code 3.2-3600
• Composting: means the biological decomposition of organic matter through a process that inhibits pathogens, viable weed seeds, and odors, accomplished by mixing and piling so as to promote aerobic decay, anaerobic decay, or both aerobic and anaerobic decay. See Virginia Code 3.2-3600
• Confidential data: means information made confidential by federal or state law that is maintained in an electronic format. See Virginia Code 2.2-2006
• Contractor: means any person required to hold a permit to sell any bulk liming material to the consumer pursuant to § 3. See Virginia Code 3.2-3700
• Contractor-applicator: means any person required to hold a permit to apply any regulated product pursuant to § 3. See Virginia Code 3.2-3600
• Conviction: A judgement of guilt against a criminal defendant.
• costs: means the reasonable and customary charges for goods and services incurred or to be incurred. See Virginia Code 2.2-2022
• Council: means the Apprenticeship Council. See Virginia Code 2.2-2036
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
• Covered entity: means all state agencies, public institutions of higher education, and political subdivisions of the Commonwealth. See Virginia Code 2.2-3501
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deaf person: means any person whose hearing is so seriously impaired as to prohibit the person from understanding oral communications spoken in a normal conversational tone. See Virginia Code 2.2-3400
• Dealer: means any person that acquires nursery stock for the purpose of resale and distribution who is not a grower of nursery stock. See Virginia Code 3.2-3800
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed, which may result from a lack of nutrient ingredients, or from lack of uniformity. See Virginia Code 3.2-3600
• Department: includes all departments established in the executive branch of state government and local agencies under the jurisdiction or supervision thereof, and for the purposes of §§ 2. See Virginia Code 2.2-3601
• Department: means the Department of Workforce Development and Advancement. See Virginia Code 2.2-2036
• Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Digestate: means a biologically stable material derived from the process of anaerobic digestion. See Virginia Code 3.2-3600
• Director: means the Director of Workforce Development and Advancement. See Virginia Code 2.2-2036
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distribute: means to import, consign, manufacture, produce, compound, mix, blend, or in any way alter, the chemical or physical characteristics of a regulated product, or to offer for sale, sell, barter, warehouse or otherwise supply regulated product in the Commonwealth. See Virginia Code 3.2-3600
• Distributor: means any of the following persons engaged in the business of distributing, marketing, or in any manner handling fluid milk, in whole or in part, in fluid form for consumption in the Commonwealth:

  1. See Virginia Code 3.2-3200

• Distributor: means any person who distributes. See Virginia Code 3.2-3600
• Distributor: means any person who imports or consigns, manufactures, produces, compounds, mixes, or blends any liming material, or who offers for sale, sells, barters or otherwise supplies any liming material. See Virginia Code 3.2-3700
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Electronic communication: means the use of technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities to transmit or receive information. See Virginia Code 2.2-3701
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Emergency: means an unforeseen circumstance rendering the notice required by this chapter impossible or impracticable and which circumstance requires immediate action. See Virginia Code 2.2-3701
• Employee: means any person who is regularly employed full time on either a salaried or wage basis, whose tenure is not restricted as to temporary or provisional appointment, in the service of and whose compensation is payable, no more often than biweekly, in whole or in part, by a governmental agency. See Virginia Code 2.2-3010
• Employer: means a person supervising one or more employees, including the employee filing a good faith report, a superior of that supervisor, or an agent of the governmental agency. See Virginia Code 2.2-3010
• Employer: means any person or organization employing a registered apprentice, whether or not such person or organization is a party to an apprenticeship agreement with a sponsor. See Virginia Code 2.2-2043
• Encrypted: means the same as that term is defined in § 18. See Virginia Code 2.2-2036
• Endangered species: means any species or variety of plant life or insect life determined by the Board to be in danger of extinction throughout all or a significant part of its range other than a species determined by the Commissioner not to be in the best interest of the welfare of man. See Virginia Code 3.2-1000
• Enterprise: means an organization with common or unifying business interests. See Virginia Code 2.2-2006
• ENV: means a relative value using the calcium oxide content, magnesium oxide content and fineness to express the effectiveness of an agricultural liming material in neutralizing soil acidity. See Virginia Code 3.2-3700
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
• Expenses: means all reasonable and necessary expenses incurred in the performance of duties. See Virginia Code 2.2-2813
• Farmer: means any person who derives at least 75 percent of his gross income from a farming operation in the Commonwealth as reported on his federal income tax forms the previous year, or a farmer who receives or is eligible to receive a federal loan and who owns or leases land that would be eligible for special tax assessments pursuant to Article 4 (§ 58. See Virginia Code 3.2-500
• Federal agency: means the United States; the President of the United States; and any department, corporation, agency, or instrumentality heretofore or hereafter created, designated, or established by the United States. See Virginia Code 2.2-2200
• Fertilizer: means any substance containing one or more recognized plant nutrients, which is used for its plant nutrient content, and which is designed for use, or claimed to have value, in promoting plant growth. See Virginia Code 3.2-3600
• Fiduciary: A trustee, executor, or administrator.
• Fineness: means the percentage by weight of the material that will pass through United States Standards sieves of specified sizes. See Virginia Code 3.2-3700
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Fund: means the Revenue Reserve Fund. See Virginia Code 2.2-1831.1
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith report: means a report of conduct defined in this chapter as wrongdoing or abuse that is made without malice and that the person making the report has reasonable cause to believe is true. See Virginia Code 2.2-3010
• Governmental agency: means (i) any agency, institution, board, bureau, commission, council, or instrumentality of state government in the executive branch listed in the appropriation act and any independent agency; (ii) any county, city, or town or local or regional governmental authority; and (iii) any local school division as defined in § 22. See Virginia Code 2.2-3010
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grade: means the percentage of total nitrogen (N), available phosphate (P205) and soluble potash (K20), stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis, except that fertilizer materials, specialty fertilizers, bone meal, manures and similar raw materials may be guaranteed in fractional units. See Virginia Code 3.2-3600
• Guaranteed analysis: means the minimum percentage of plant nutrients claimed as required by this chapter to be displayed on the label of a regulated product. See Virginia Code 3.2-3600
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guarantor: means the person whose name appears on the label of a regulated product. See Virginia Code 3.2-3600
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Health authorities: include the Board of Health, the Office of Dairy and Foods in the Department, and the local health authorities. See Virginia Code 3.2-3200
• Horticultural growing medium: means any substance or mixture of substances that is promoted as or is intended to function as an artificial soil for the managed growth of horticultural crops. See Virginia Code 3.2-3600
• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Industrial co-product: means any industrial waste or byproduct, including exceptional quality biosolids and waste treatment residuals, that can be beneficially recycled for its plant nutrient content or soil amendment characteristics, that meets the definition of fertilizer, soil amendment, or horticultural growing medium. See Virginia Code 3.2-3600
• Industrial co-product used to neutralize soil acid: means a waste or by-product of an industrial process that contains any compound not normally found in limestone that has the capacity, and whose intended purpose is, to neutralize soil acidity. See Virginia Code 3.2-3700
• Infested: means the establishment of a noxious weed or exposure to such weed, which would be reasonable cause to believe that establishment could occur. See Virginia Code 3.2-800
• Information technology: means all electronic information processing hardware and software, including telecommunications. See Virginia Code 2.2-3501
• Information technology: means communications, telecommunications, automated data processing, applications, databases, data networks, the Internet, management information systems, and related information, equipment, goods, and services. See Virginia Code 2.2-2006
• inhabitants: means with reference to any county, city, town, political subdivision of the Commonwealth or any combination thereof, the natural persons in such county, city, town, political subdivision or combination as shown by the unadjusted United States decennial census last preceding the time at which any provision dependent upon population is being applied or the time as of which it is being construed. See Virginia Code 1-235
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• insect life: means any species of the class Insecta. See Virginia Code 3.2-1000
• Inspection certificate: means a document in any form issued by the Commissioner, or the appropriate official from another state, declaring an item or location to be apparently free from plant pests. See Virginia Code 3.2-3800
• Intestate: Dying without leaving a will.
• Involuntary separation: includes , but is not limited to, terminations and layoffs from employment with the Commonwealth, or being placed on leave without pay-layoff or equivalent status, due to budget reductions, agency reorganizations, workforce down-sizings, or other causes not related to the job performance or misconduct of the employee, but shall not include voluntary resignations. See Virginia Code 2.2-3200
• ITAC: means the Information Technology Advisory Council created in § 2. See Virginia Code 2.2-2006
• Joint apprenticeship committee: means a group equally representative of management and labor representatives that works under a bargaining agreement and is established to carry out the administration of an apprenticeship training program. See Virginia Code 2.2-2043
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Kind: means one of the two classes of liming material. See Virginia Code 3.2-3700
• Label: means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a regulated product, including an invoice. See Virginia Code 3.2-3600
• Label: means any written or printed matter on, or attached to, the package, or on the delivery ticket that accompanies bulk shipments, of any liming material. See Virginia Code 3.2-3700
• Labeling: means all written, printed, or graphic matter, upon or accompanying any regulated product, including invoices, advertisements, brochures, posters, television and radio announcements, and internet content used in promoting the sale of the regulated product. See Virginia Code 3.2-3600
• Lawn fertilizer: means any fertilizer intended for nonagricultural use on newly established turf areas from sod or seed during the first growing season, turf areas being repaired or renovated, and turf areas where soil tests performed within the past three years indicate a nutrient deficiency. See Virginia Code 3.2-3600
• Lawn maintenance fertilizer: means any fertilizer intended for the nonagricultural routine maintenance of turf. See Virginia Code 3.2-3600
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legatee: A beneficiary of a decedent
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensee: means a licensed milk distributor. See Virginia Code 3.2-3200
• Licensee: means the person who receives a license to distribute any regulated product under the provisions of this chapter. See Virginia Code 3.2-3600
• licensee: means the person issued a license to distribute any liming material in the Commonwealth. See Virginia Code 3.2-3700
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limestone: means a material consisting essentially of calcium carbonate, or a combination of calcium carbonate and magnesium carbonate, capable of neutralizing soil acidity. See Virginia Code 3.2-3700
• Liming material: means any agricultural liming material and any industrial co-product used to neutralize soil acid. See Virginia Code 3.2-3700
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Lot: means an identifiable quantity of produced material that can be sampled officially according to AOAC International procedures, up to and including a freight car load or 50 tons maximum, or that amount contained in a single vehicle, or that amount delivered under a single invoice. See Virginia Code 3.2-3600
• Major disaster: means any hurricane, flood, or drought that would warrant a disaster declaration request by the Governor pursuant to the provisions of Section 301 of Public Law 93-288, 42 U. See Virginia Code 3.2-500
• Major information technology project: means any Commonwealth information technology project that has a total estimated cost of more than $1 million or that has been designated a major information technology project by the CIO pursuant to the Commonwealth Project Management Standard developed under § 2. See Virginia Code 2.2-2006
• Manipulated manure: means animal or vegetable manure that is ground, pelletized, mechanically dried, packaged, supplemented with plant nutrients or other substances other than phosphorus, or otherwise treated in a manner to assist with the sale or distribution of the manure as a fertilizer or soil or plant additive. See Virginia Code 3.2-3600
• Manufacturer: means any person who manufactures, produces, compounds, mixes, blends, or in any way alters the chemical or physical characteristics of any regulated product. See Virginia Code 3.2-3600
• Manufacturer: means any person who manufactures, produces, compounds, mixes, blends, imports or consigns liming material, or who offers for sale, sells, barters or otherwise supplies liming material. See Virginia Code 3.2-3700
• Market: means any locality, or two or more localities, and surrounding territory designated by the Commission as a marketing area. See Virginia Code 3.2-3200
• meetings: means the meetings including work sessions, when sitting physically, or through electronic communication means pursuant to § 2. See Virginia Code 2.2-3701
• Milk: means the clean lacteal secretion obtained by the complete milking of one or more healthy cows properly fed, housed, and kept; including milk that is cooled, pasteurized, standardized, or otherwise processed with a view to selling. See Virginia Code 3.2-3200
• Misconduct: means conduct or behavior by an employee that is inconsistent with state, local, or agency standards for which specific corrective or disciplinary action is warranted. See Virginia Code 2.2-3010
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Move: means to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move, or allow to be moved, except for bona fide agricultural purposes including the management, tilling, planting, or harvesting of agricultural products. See Virginia Code 3.2-800
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Nonvisual: means synthesized speech, Braille, and other output methods not requiring sight. See Virginia Code 2.2-3501
• Noxious weed: means any living plant, or part thereof, declared by the Board through regulations under this chapter to be detrimental to crops, surface waters, including lakes, or other desirable plants, livestock, land, or other property, or to be injurious to public health, the environment, or the economy, except when in-state production of such living plant, or part thereof, is commercially viable or such living plant is commercially propagated in Virginia. See Virginia Code 3.2-800
• Nuisance birds: means blackbirds, red-winged blackbirds, grackles, cowbirds, pigeons, and starlings, or any other species so declared by regulations of the Board when causing or about to cause economic losses in the Commonwealth; becoming detrimental to the public health and welfare; defacing or defiling public or private property or otherwise creating a public nuisance. See Virginia Code 3.2-900
• Nursery: means any premises where nursery stock is propagated, grown, fumigated, treated, packed, stored, or otherwise prepared for sale or distribution. See Virginia Code 3.2-3800
• Nursery stock: means all trees, shrubs, woody vines (including ornamentals), bush fruits, grapevines, fruit trees, and nut trees offered for sale and distribution; all buds, grafts, scions, and cuttings from such plants; and any container, soil, and other packing material with such plants or plant products. See Virginia Code 3.2-3800
• Nurseryman: means any person that produces nursery stock for sale or distribution. See Virginia Code 3.2-3800
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Official analysis: means the analysis of an official sample, made by the Commissioner. See Virginia Code 3.2-3600
• Official public government website: means any Internet site controlled by a public body and used, among any other purposes, to post required notices and other content pursuant to this chapter on behalf of the public body. See Virginia Code 2.2-3701
• Official sample: means the sample of regulated product taken by the Commissioner. See Virginia Code 3.2-3600
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• percentage: means the percentage by weight. See Virginia Code 3.2-3600
• percentage: means by weight. See Virginia Code 3.2-3700
• Permit: means a document issued or authorized by the Commissioner to provide for movement of regulated articles to restricted destinations for limited handling, utilization, processing, or for scientific purposes. See Virginia Code 3.2-800
• Person: means the term as defined in § 1-230. See Virginia Code 3.2-3800
• Person: means the term as defined in § 1-230. See Virginia Code 3.2-800
• Person: means the term as defined in § 1-230. See Virginia Code 3.2-900
• Personal property: All property that is not real property.
• Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
• Plaintiff: The person who files the complaint in a civil lawsuit.
• plant life: means any member of the plant kingdom, including spores, leaves, stems, branches, flowers, seeds, roots, and other parts or products thereof. See Virginia Code 3.2-1000
• Plant pest: means any living stage of insects, mites, nematodes, slugs, snails, protozoa, other invertebrate animals, bacteria, fungi, other parasitic plants, parasitic plant parts, viruses, any other similar organism, or any infectious substances that can injure, infect, or damage any plants or plant products. See Virginia Code 3.2-3800
• Plants or plant products: means any trees, shrubs, vines, forage, fiber, cereal, and all other plants; cuttings, grafts, scions, buds, and all other plant parts; fruit, vegetables, roots, bulbs, seeds, wood, lumber, and all other plant products; or any container, soil, and packing material with plants or plant products. See Virginia Code 3.2-3800
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Producer: means any person, regardless of whether they are also a distributor, who produces milk for sale as fluid milk in the Commonwealth. See Virginia Code 3.2-3200
• Project: means the construction, improvement, furnishing, maintenance, acquisition or operation of any facility or the provision for or funding of any activity that will further the purposes described in § 2. See Virginia Code 2.2-2201
• Proposed species: means any candidate species authorized by the Board for consideration for listing as threatened or endangered under the provisions of this chapter. See Virginia Code 3.2-1000
• Public facilities: means (i) airports, landing fields, and air navigation facilities; (ii) educational facilities; (iii) flood control, bank and shore protection, watershed protection, and dams; (iv) hospital facilities; (v) judicial and court facilities; (vi) correctional facilities, including jails and penitentiaries; (vii) library facilities; (viii) military installations; (ix) parks so designated by the Commonwealth or by the locality in its comprehensive plan; (x) properties of historical significance so designated by the Commonwealth; (xi) law enforcement, fire, emergency medical, and rescue facilities; (xii) sanitary sewer, water or stormwater facilities; (xiii) transportation facilities including highways, roads, streets, and bridges, traffic signals, related easements and rights-of-way, mass transit, ports, and any components of federal, state, or local transportation facilities; (xiv) waste management facilities for hazardous, radioactive, or other waste; (xv) office facilities occupied by a public corporation; and (xvi) such other facilities that are necessary to the construction, maintenance, or operation of a public facility as listed in clauses (i) through (xv) and directly related thereto. See Virginia Code 1-219.1
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• public meeting: means a meeting at which the public may be present. See Virginia Code 2.2-3701
• Public records: means all writings and recordings that consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostatting, photography, magnetic impulse, optical or magneto-optical form, mechanical or electronic recording, or other form of data compilation, however stored, and regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees, or agents in the transaction of public business. See Virginia Code 2.2-3701
• Quantity statement: means the net weight (mass), net volume (liquid or dry), count or other form of measurement of a commodity. See Virginia Code 3.2-3600
• Quantity statement: means the net weight (mass), net volume (liquid or dry), count or other form of measurement of a commodity. See Virginia Code 3.2-3700
• Quarantine: means a legal declaration by the Board that specifies: (i) the noxious weed; (ii) the articles to be regulated; (iii) conditions governing movement; and (iv) exemptions. See Virginia Code 3.2-800
• Quorum: The number of legislators that must be present to do business.
• real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recess: A temporary interruption of the legislative business.
• Regional public body: means a unit of government organized as provided by law within defined boundaries, as determined by the General Assembly, which unit includes two or more localities. See Virginia Code 2.2-3701
• Registrant: means the person who registers regulated products, under the provisions of this chapter. See Virginia Code 3.2-3600
• Registrant: means the person registering any liming material pursuant to the provisions of this chapter. See Virginia Code 3.2-3700
• Regulated article: means any article of any character as described in this chapter or in the quarantine carrying or capable of carrying a noxious weed against which this chapter or the quarantine is directed. See Virginia Code 3.2-800
• Regulated product: means any product governed by this chapter, including any fertilizer, specialty fertilizer, soil amendment, digestate, and horticultural growing medium. See Virginia Code 3.2-3600
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Remote participation: means participation by an individual member of a public body by electronic communication means in a public meeting where a quorum of the public body is otherwise physically assembled. See Virginia Code 2.2-3701
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Sanitary regulations: include all laws and ordinances relating to the production, handling, transportation, distribution, and sale of milk and, so far as applicable, regulations adopted by the Board or the health authorities. See Virginia Code 3.2-3200
• Scholastic records: means those records containing information directly related to a student or an applicant for admission and maintained by a public body that is an educational agency or institution or by a person acting for such agency or institution. See Virginia Code 2.2-3701
• Secretary: means the Secretary of Administration. See Virginia Code 2.2-2006
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Soil amendment: means any substance or mixture of substances intended to improve the physical, chemical, biochemical, biological, or other characteristics of the soil. See Virginia Code 3.2-3600
• Specialty fertilizer: means a fertilizer distributed for nonfarm use, including use on home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries. See Virginia Code 3.2-3600
• Species: includes any species or variety of plant life or insects. See Virginia Code 3.2-1000
• Sponsor: means either an individual employer, a group of employers, or an association or organization operating an apprenticeship program and in whose name the program is registered. See Virginia Code 2.2-2043
• Standard liming ton: means a ton of agricultural liming material with a calcium carbonate equivalent of 90 percent. See Virginia Code 3.2-3700
• state: means the Commonwealth of Virginia or any of its agencies or departments. See Virginia Code 2.2-2200
• state agency: means the same as that term is defined in § 2. See Virginia Code 1-206
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Subsidiary: means any person that a distributor or an affiliate of a distributor has, or several distributors collectively have, either directly or indirectly, actual or legal control, whether by stock ownership or in any other manner. See Virginia Code 3.2-3200
• Summons: Another word for subpoena used by the criminal justice system.
• Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• Take: means , in reference to plants and insects, to collect, pick, cut, or dig up for the purpose of resale. See Virginia Code 3.2-1000
• Technology asset: means hardware and communications equipment not classified as traditional mainframe-based items, including personal computers, mobile computers, and other devices capable of storing and manipulating electronic data. See Virginia Code 2.2-2006
• Telecommunications: means the transmission of information, images, pictures, voice, or data by radio, video, or other electronic or impulse means, but does not include public broadcasting. See Virginia Code 2.2-3501
• Telecommunications: means any origination, transmission, emission, or reception of data, signs, signals, writings, images, and sounds or intelligence of any nature, by wire, radio, television, optical, or other electromagnetic systems. See Virginia Code 2.2-2006
• terminated employee: shall mean an employee who is involuntarily separated from employment with the Commonwealth. See Virginia Code 2.2-3200
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Threatened species: means any species determined by the Board to be likely to become an endangered species within the foreseeable future throughout all or a significant portion of its native range. See Virginia Code 3.2-1000
• Ton: means a unit of 2000 pounds avoirdupois weight. See Virginia Code 3.2-3600
• Ton: means a unit of 2,000 pounds avoirdupois weight. See Virginia Code 3.2-3700
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trade secret: means the same as that term is defined in the Uniform Trade Secrets Act (§ 59. See Virginia Code 2.2-3701
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Turf: means nonagricultural land that is planted as closely mowed, managed grass and includes golf courses, parks, cemeteries, publicly owned lands, and residential, commercial, or industrial property. See Virginia Code 3.2-3600
• Type: means the identification of the agricultural liming material as follows:

  1. See Virginia Code 3.2-3700

• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Virginia Longitudinal Data System: means the multiagency partnership administered by the State Council of Higher Education for Virginia pursuant to subdivision 9 of § 23. See Virginia Code 2.2-2036
• Virginia Workforce Data Trust: means a workforce database maintained by the Department in an encrypted state in compliance with § 2. See Virginia Code 2.2-2036
• Whistle blower: includes a citizen of the Commonwealth who witnesses or has evidence of wrongdoing or abuse and who makes or demonstrates by clear and convincing evidence that he is about to make a good faith report of, or testifies or is about to testify to, the wrongdoing or abuse to an appropriate authority. See Virginia Code 2.2-3010
• Workforce development program: means a publicly funded education, training, and support services program designed and administered to prepare and enable participants to enter into and advance in careers. See Virginia Code 2.2-2036
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• Wrongdoing: means a violation, which is not of a merely technical or minimal nature, of a federal or state law or regulation, local ordinance, or a formally adopted code of conduct or ethics of a professional organization designed to protect the interests of the public or employee. See Virginia Code 2.2-3010