Terms Used In Virginia Code > Title 2.2 > Subtitle II > Part A - General Provisions

• AAPFCO: means the Association of American Plant Food Control Officials. See Virginia Code 3.2-3600
• Access: means the ability to receive, use, and manipulate data and operate controls included in information technology. See Virginia Code 2.2-3501
• Accounts receivable: refers to the classification of debts due the Commonwealth, including judgments, fines, costs, and penalties imposed upon conviction for criminal and traffic offenses, and as defined in the guidelines adopted by the State Comptroller. See Virginia Code 2.2-4801
• Administrative offset: includes , but is not limited to, offsetting any monies, except those specifically exempted by state or federal law, paid by agency or institution for a debt owed to any other state agency or institution. See Virginia Code 2.2-4801
• 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
• 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
• 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
• Area of Operation: means land owned by the Commonwealth at Fort Monroe. See Virginia Code 2.2-2337
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means the Fort Monroe Authority. See Virginia Code 2.2-2337
• Authority: means the Commonwealth of Virginia Innovation Partnership Authority. See Virginia Code 2.2-2352
• Authority: means the respective political subdivisions of the Commonwealth created in this subpart. See Virginia Code 2.2-2200
• Average manufacturing wage: means that amount determined by the Virginia Employment Commission to be the average wage paid manufacturing workers in a locality or region of the Commonwealth. See Virginia Code 2.2-5100
• 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.
• Basic employment: means employment that brings new or additional income into Virginia and adds to the gross state product. See Virginia Code 2.2-5100
• Basic employment: means employment in an industry sector or function that directly or indirectly derives more than 50 percent of its revenue from out-of-state sources. See Virginia Code 2.2-5105
• Bequest: Property gifted by will.
• Board: means the Board of Trustees created in § 2. See Virginia Code 2.2-2337
• Board: means the Virginia Growth and Opportunity Board as may be established under law. See Virginia Code 2.2-5105
• Board: means the respective boards of directors for the authorities created in this subpart. See Virginia Code 2.2-2200
• Bonds: means any bonds, notes, interim certificates, debentures, or other obligations issued by the Authority pursuant to this article. See Virginia Code 2.2-2337
• Brand: means a term, design, trademark or product name under which a regulated product is distributed. See Virginia Code 3.2-3600
• 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
• Capital investment: means an investment in real property, personal property, or both, at a manufacturing or basic nonmanufacturing facility within the Commonwealth that is capitalized by the company and that increases the productivity of the manufacturing facility, results in the creation, development or utilization of a more advanced technology than is in use immediately prior to such investment, or both. See Virginia Code 2.2-5100
• Capital investment: means an investment in real property or tangible personal property, or both, by an eligible company within the Commonwealth. See Virginia Code 2.2-5105
• Certified company: means a Virginia employer that has been certified by the Partnership to have (i) created or caused to be created at least 200 net new basic employment jobs in the Commonwealth that are located in the participating localities with average salaries at least equal to the average wage in the participating localities and (ii) made a capital investment of at least $25 million in the participating localities. See Virginia Code 2.2-5105
• City: means the City of Hampton, Virginia, a municipal corporation of the Commonwealth of Virginia. See Virginia Code 2.2-2337
• Collaborative economic development plan: means an agreement among two or more localities that identifies commitments made by each locality to implement a collaborative approach to economic development, whether the collaboration relates to general economic development and diversification efforts by the participating localities or relates to specific economic development needs, including infrastructure and workforce training, of a company. See Virginia Code 2.2-5105
• 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
• Consumer: means any person who acquires eggs for consumption in his own household and not for resale. See Virginia Code 3.2-5301
• Contractor-applicator: means any person required to hold a permit to apply any regulated product pursuant to § 3. See Virginia Code 3.2-3600
• 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
• Council: means the State Executive Council for Children's Services created pursuant to § 2. See Virginia Code 2.2-5200
• Counterclaim: A claim that a defendant makes against a plaintiff.
• 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
• 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
• Design Standards: means the standards developed as a requirement of the Programmatic Agreement and referred to in that document as the "Historic Preservation Manual and Design Standards" which govern the restoration, rehabilitation, and renovation of the contributing elements to the Fort Monroe National Historic Landmark District and new construction, additions, and reconstruction of buildings so they are compatible with the overall character of the District, as they may be adopted or amended from time to time. See Virginia Code 2.2-2337
• 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
• 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
• Division: means the Division of Debt Collection of the Office of the Attorney General created pursuant to § 2. See Virginia Code 2.2-4801
• Eligible company: means , for companies located in a Metropolitan Statistical Area with a population of 300,000 or more in the most recently preceding decennial census, a Virginia employer that:

  a. See Virginia Code 2.2-5100

• Eligible manufacturer or research and development service: means an existing Virginia manufacturer or research and development service that makes a capital investment of at least $25 million that is announced on or after June 1, 1998, which investment does not result in any net reduction in employment within one year after the capital investment has been completed and verified. See Virginia Code 2.2-5100
• 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
• Enterprise: means an organization with common or unifying business interests. See Virginia Code 2.2-2006
• Facility: means a particular building or structure or particular buildings or structures, including all equipment, appurtenances, and accessories necessary or appropriate for the operation of such facility. See Virginia Code 2.2-2337
• 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
• Flawed product: means an irregular unit of goods that cannot be sold to an end user. See Virginia Code 2.2-5100
• Food establishment: means those operations subject to regulation by the Virginia Department of Health as food establishments under the authority granted by § 35. See Virginia Code 3.2-5508
• Fund: means the Revenue Reserve Fund. See Virginia Code 2.2-1831.1
• Fund: means the Virginia Investment Partnership Grant Fund created pursuant to § 2. See Virginia Code 2.2-5100
• Fund: means the Virginia Collaborative Economic Development Performance Grant Fund created pursuant to § 2. See Virginia Code 2.2-5105
• 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 specifications defining the limits of variation in quality of eggs in such a manner as to differentiate among classes of eggs, and the letter, number, or other symbol by which references may be made. See Virginia Code 3.2-5301
• 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.
• 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
• 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}
• 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
• Institutional consumer: means a restaurant, hotel, boardinghouse, or any other business, facility, or place in which eggs are prepared or offered as food to patrons, residents, inmates, or patients. See Virginia Code 3.2-5301
• ITAC: means the Information Technology Advisory Council created in § 2. See Virginia Code 2.2-2006
• 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
• 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
• 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
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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 eligible employer: means an existing Virginia manufacturer or any other nonmanufacturing basic employer that makes a capital investment of at least $100 million and creates at least 1,000 jobs, or corporate headquarters and other basic employers that make a capital investment of at least $100 million and create at least 400 jobs paying at least twice the prevailing average wage for the area. See Virginia Code 2.2-5100
• 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 a business firm owning or operating a manufacturing establishment as defined in the Standard Industrial Classification Manual issued by the U. See Virginia Code 2.2-5100
• 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
• Master Plan: means the plan that identifies the long-term vision for the reuse of the Area of Operation, key implementation projects, and a detailed implementation strategy for attracting new uses and investment to the Area of Operation as approved by the Authority and produced in accordance with the public participation plan as adopted by the Authority. See Virginia Code 2.2-2337
• 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
• New job: means employment of an indefinite duration at the eligible facility, created as the direct result of the capital investment, for which the standard fringe benefits are provided by the firm for the employee, requiring a minimum of either (i) 35 hours of an employee's time a week for the entire normal year of the firm's operations, which "normal year" shall consist of at least 48 weeks, or (ii) 1,680 hours per year. See Virginia Code 2.2-5105
• Nonvisual: means synthesized speech, Braille, and other output methods not requiring sight. See Virginia Code 2.2-3501
• Official sample: means the sample of regulated product taken by the Commissioner. See Virginia Code 3.2-3600
• Participating localities: means two or more localities that participate in a collaborative economic development plan. See Virginia Code 2.2-5105
• Partnership: means the Virginia Economic Development Partnership. See Virginia Code 2.2-5100
• Partnership: means the Virginia Economic Development Partnership Authority. See Virginia Code 2.2-5105
• Past-due: means any account receivable for which payment has not been received by the payment due date. See Virginia Code 2.2-4801
• percentage: means the percentage by weight. See Virginia Code 3.2-3600
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Prevailing Average Wage: means that amount determined by the Virginia Employment Commission to be the average wage paid workers in the city or county of the Commonwealth where the eligible company is located. See Virginia Code 2.2-5100
• 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
• Productivity: means the number of hours of labor required to produce a unit of goods. See Virginia Code 2.2-5100
• Programmatic Agreement: means that certain agreement, as it may be amended from time to time, entered into among the U. See Virginia Code 2.2-2337
• Project: means any specific enterprise undertaken by the Authority, including the facilities as defined in this article, and all other property, real or personal, or any interest therein, necessary or appropriate for the operation of such property. See Virginia Code 2.2-2337
• 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
• 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: means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest, and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage, or otherwise and the indebtedness secured by such liens. See Virginia Code 2.2-2337
• Registrant: means any person who has registered with the Department as a transporter of waste kitchen grease. See Virginia Code 3.2-5508
• Registrant: means the person who registers regulated products, under the provisions of this chapter. See Virginia Code 3.2-3600
• 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
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Renderer: means any person who commercially cooks carcasses, or parts or products of carcasses, of cattle, swine, poultry, and other animals and other waste animal by-products and waste kitchen grease into usable products. See Virginia Code 3.2-5508
• 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.
• Research and development service: means a business firm owning or operating an establishment engaged in conducting research and experimental development that supports manufacturing in the physical, engineering and life sciences as defined in the North American Industry Classification System Manual issued by the United States Census Bureau. See Virginia Code 2.2-5100
• Reuse Plan: means the document created by the Fort Monroe Federal Area Development Authority and adopted as an official operating document on August 20, 2008, as it may be amended from time to time. See Virginia Code 2.2-2337
• Secretary: means the Secretary of Commerce and Trade. See Virginia Code 2.2-5100
• Secretary: means the Secretary of Administration. See Virginia Code 2.2-2006
• Secretary: means the Secretary of Commerce and Trade. See Virginia Code 2.2-5105
• 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
• 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
• state: means the Commonwealth of Virginia or any of its agencies or departments. See Virginia Code 2.2-2200
• State agency and institution: means any authority, board, department, instrumentality, agency or other unit in any branch of state government. See Virginia Code 2.2-4801
• State Memorandum of Understanding: means an agreement between the Authority, the Secretary of Administration, the State Historic Preservation Officer, and the Governor, on behalf of all state agencies, to protect Fort Monroe and its historic, cultural, and natural assets by carefully implementing the plans, stipulations, requirements, and obligations under the Programmatic Agreement for nonfederal lands following the transfer of properties from the United States Army to the Commonwealth. See Virginia Code 2.2-2337
• 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
• 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
• Ton: means a unit of 2000 pounds avoirdupois weight. See Virginia Code 3.2-3600
• transportation: means the movement of waste kitchen grease in a motor vehicle on public roads. See Virginia Code 3.2-5508
• Trap grease: means waste kitchen grease that is removed from a grease trap and is principally derived from food preparation and processing. See Virginia Code 3.2-5508
• Trustees: means the members of the Board of Trustees of the Authority. See Virginia Code 2.2-2337
• 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
• Usable products: means a product resulting from the processing of waste kitchen grease and shall include biofuels, lubricants, and animal feed, provided that such animal feed uses are allowed by the U. See Virginia Code 3.2-5508
• 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
• Waste kitchen grease: means animal fats or vegetable oils that have been used, and will not be reused, for cooking in a food establishment, including trap grease. See Virginia Code 3.2-5508
• 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.