§ 2.2-4303 (Effective until July 1, 2023) Methods of procurement
§ 2.2-4303 v2 (Effective July 1, 2023) Methods of procurement
§ 2.2-4303.01 High-risk contracts; definition; review
§ 2.2-4303.1 Architectural and professional engineering term contracting; limitations
§ 2.2-4303.2 Job order contracting; limitations
§ 2.2-4304 Joint and cooperative procurement
§ 2.2-4305 Competitive procurement by localities on state-aid projects
§ 2.2-4308.1 Purchase of owner-controlled insurance in construction projects
§ 2.2-4308.2 Registration and use of federal employment eligibility verification program required; debarment
§ 2.2-4309 Modification of the contract
§ 2.2-4310 Discrimination prohibited; participation of small, women-owned, minority-owned, and service disabled veteran-owned businesses and employment services organizations
§ 2.2-4310.1 Awards as a result of any authorized enhancement or remedial measure; requirements
§ 2.2-4310.2 Executive branch agency’s goals for participation by small businesses; requirements
§ 2.2-4310.3 Fiscal data pertaining to certain enhancement or remedial measures
§ 2.2-4311 Employment discrimination by contractor prohibited; required contract provisions
§ 2.2-4311.1 Compliance with federal, state, and local laws and federal immigration law; required contract provisions
§ 2.2-4311.2 Compliance with state law; foreign and domestic businesses authorized to transact business in the Commonwealth
§ 2.2-4312 Drug-free workplace to be maintained by contractor; required contract provisions
§ 2.2-4313 Petition for recycled goods and products; periodic review of procurement standards
§ 2.2-4314 Petition for procurement of less toxic goods and products; periodic review of procurement standards
§ 2.2-4315 Use of brand names
§ 2.2-4316 Comments concerning specifications
§ 2.2-4317 Prequalification generally; prequalification for construction
§ 2.2-4318 Negotiation with lowest responsible bidder
§ 2.2-4319 Cancellation, rejection of bids; waiver of informalities
§ 2.2-4320 Exclusion of insurance bids prohibited
§ 2.2-4321 Debarment
§ 2.2-4321.1 Prohibited contracts; exceptions; determination by Department of Taxation; appeal; remedies
§ 2.2-4321.2 Public works contracts; project labor agreements authorized
§ 2.2-4321.3 Payment of prevailing wage for work performed on public works contracts; penalty
§ 2.2-4322 Acceptance of bids submitted to the Department of Transportation
§ 2.2-4323 Purchase programs for recycled goods; agency responsibilities
§ 2.2-4323.1 Purchase of flags of the United States and the Commonwealth by public bodies
§ 2.2-4324 Preference for Virginia products with recycled content and for Virginia firms
§ 2.2-4325 Preference for Virginia coal used in state facilities
§ 2.2-4326 Preference for recycled paper and paper products used by state agencies
§ 2.2-4327 Preference for community reinvestment activities in contracts for investment of funds
§ 2.2-4328 Preference for local products and firms; applicability
§ 2.2-4328.1 Preference for energy-efficient and water-efficient goods
§ 2.2-4328.2 Purchase of personal protective equipment by state agencies
§ 2.2-4329.1 Energy forward pricing mechanisms
§ 2.2-4330 Withdrawal of bid due to error
§ 2.2-4331 Contract pricing arrangements
§ 2.2-4332 Workers’ compensation requirements for construction contractors and subcontractors
§ 2.2-4333 Retainage on construction contracts
§ 2.2-4334 Deposit of certain retained funds on certain contracts with local governments; penalty for failure to timely complete
§ 2.2-4335 Public construction contract provisions barring damages for unreasonable delays declared void
§ 2.2-4336 Bid bonds; construction contracts
§ 2.2-4337 Performance and payment bonds
§ 2.2-4338 Alternative forms of security
§ 2.2-4339 Bonds on other than construction contracts
§ 2.2-4340 Action on performance bond
§ 2.2-4340.1 Statute of limitations on construction contracts
§ 2.2-4340.2 Statute of limitations on architectural and engineering contracts
§ 2.2-4341 Actions on payment bonds; waiver of right to sue
§ 2.2-4342 Public inspection of certain records

Terms Used In Virginia Code > Title 2.2 > Subtitle II > Part B > Chapter 43 > Article 2 - Contract Formation and Administration

  • Advertisement: means any representation relating to seed within the scope of this article that is not also required labeling. See Virginia Code 3.2-4000
  • 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 a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See Virginia Code 3.2-4200
  • Affiliate: means an individual or business that controls, is controlled by, or is under common control with another individual or business. See Virginia Code 2.2-4301
  • Agricultural seed: means seeds of grass, forage, cereal, and fiber crops; any other seed commonly recognized as agricultural seed; and any lawn seed, turf seed, and mixtures thereof (including any noxious-weed seeds that may be present). See Virginia Code 3.2-4000
  • air carrier: includes a common carrier by aircraft, a restricted common carrier by aircraft, and a contract carrier by aircraft. See Virginia Code 5.1-89
  • Aircraft: means any contrivance now known, or hereafter invented, used, or designed for navigation of or flight in the air, including a balloon or other contrivance designed for maneuvering in airspace at an altitude greater than 24 inches above ground or water level, except that any contrivance now or hereafter invented of fixed or flexible wing design, operating without the assistance of any motor, engine, or other mechanical propulsive device, which is designed to utilize the feet and legs of the operator or operators as the sole means of initiating and sustaining forward motion during the launch and of providing the point of contact with the ground upon landing and commonly called a "hang glider" shall not be included within this definition. See Virginia Code 5.1-1
  • aircraft: means any contrivance, except a contrivance operating twenty-four inches or less above ground or water level, now known or hereafter invented, used, or designed for navigation of, or flight in, the airspace in the transportation of passengers, property or mail. See Virginia Code 5.1-89
  • Airman: means any individual, including the person in command and any pilot, mechanic, or member of the crew, who engages in the navigation of aircraft while under way within Virginia airspace; any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, or accessories; and any individual who serves in the capacity of aircraft dispatcher. See Virginia Code 5.1-1
  • Airport: means any area of land or water which is used, or intended for public use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, easements and together with all airport buildings and facilities located thereon. See Virginia Code 5.1-1
  • airport: means a landing area used regularly by aircraft for receiving or discharging passengers or cargo, and open to the public for use. See Virginia Code 5.1-89
  • airspace: means all airspace above the lands and waters within the boundary of this Commonwealth. See Virginia Code 5.1-89
  • Allocable share: means Allocable Share as that term is defined in the Master Settlement Agreement. See Virginia Code 3.2-4200
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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
  • Blend: means a mechanical combination of varieties of the same kind that is identified by a blend designation and is always present in the same percentages in each lot so designated. See Virginia Code 3.2-4000
  • Board: means the Virginia Aviation Board. See Virginia Code 5.1-1
  • Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
  • Bond with surety: includes the payment in cash of the full amount of the required bond and, in such case, no surety shall be required. See Virginia Code 1-205
  • Brand: means the name, term, design, or trademark of seed offered for sale. See Virginia Code 3.2-4000
  • broker: means any person not included in the term air carrier and not a bona fide employee or agent of any such carrier, who, as principal or agent, sells or offers for sale any transportation subject to this chapter, or negotiates for, or holds himself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for such transportation. See Virginia Code 5.1-89
  • Business: means any type of corporation, partnership, limited liability company, association, or sole proprietorship operated for profit. See Virginia Code 2.2-4301
  • Cannabis sativa product: means a product made from any part of the plant Cannabis sativa with a concentration of tetrahydrocannabinol that is greater than that allowed by federal law. See Virginia Code 3.2-4112
  • Certificate: means the document issued to a certified applicator or registered technician who has completed all the requirements of Article 3. See Virginia Code 3.2-3900
  • certificate: means a certificate of public convenience and necessity issued by the State Corporation Commission to common carriers by aircraft and restricted common carriers by aircraft under this chapter. See Virginia Code 5.1-89
  • certified: means the recognition granted by the Board to an applicator who has completed all the requirements of Article 3. See Virginia Code 3.2-3900
  • Certified applicator: means a person who: (i) has satisfactorily completed the Board requirements for certification as a commercial applicator, registered technician, or private applicator; and (ii) has been issued a valid certificate. See Virginia Code 3.2-3900
  • cigarette: includes "roll-your-own" tobacco, which means any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. See Virginia Code 3.2-4200
  • City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
  • Code designation: means an identification assigned by the U. See Virginia Code 3.2-4000
  • Commission: means the State Corporation Commission. See Virginia Code 5.1-89
  • Commissioner: means the Tax Commissioner of the Department of Taxation. See Virginia Code 3.2-4204
  • Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
  • common carrier by aircraft: means any person who undertakes, whether directly or by a lease or any other arrangement, to transport passengers, property for the general public, or mail by aircrafts for compensation (wholly within the airspace of the Commonwealth), whether over regular or irregular routes, including such aircraft operations of carriers by rail, water or motor vehicle and of express or forwarding companies. See Virginia Code 5.1-89
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conditioning: means any process of cleaning, scarifying, treating, or blending seed that changes the purity or germination of the seed. See Virginia Code 3.2-4000
  • Construction: means building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property. See Virginia Code 2.2-4301
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled conditions: means minimum seed stock standards established by regulation. See Virginia Code 3.2-4000
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. See Virginia Code 3.2-3900
  • Department: means the Department of Aviation. See Virginia Code 5.1-1
  • Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
  • Desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See Virginia Code 3.2-3900
  • Device: means any instrument or contrivance intended for: (i) trapping, destroying, repelling, or mitigating insects or rodents; or (ii) destroying, repelling, or mitigating fungi, bacteria, weeds or other pests as may be designated by the Commissioner. See Virginia Code 3.2-3900
  • Distribute: means to import, consign, produce, mix, blend, condition, sell, offer for sale, barter, warehouse, or supply seeds in the Commonwealth. See Virginia Code 3.2-4000
  • Dormant seed: means viable seed other than hard seed that fails to germinate when provided the specified germination conditions. See Virginia Code 3.2-4000
  • Drop zone: means any locality whether over land or water that is used, or intended for use, for the landing and recovery of sky divers or parachutists using a parachute or other contrivance designed for sport jumping. See Virginia Code 5.1-1
  • Edible hemp product: means any hemp product that is or includes an industrial hemp extract, as defined in § 3. See Virginia Code 3.2-4112
  • 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
  • Executor: A male person named in a will to carry out the decedent
  • Federally licensed hemp producer: means a person who holds a hemp producer license issued by the U. See Virginia Code 3.2-4112
  • 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.
  • Flower seed: means any seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts; any other seeds commonly recognized as flower seeds; and any seeds designated as flower seeds by regulations. See Virginia Code 3.2-4000
  • foundation seed: means seed produced and labeled in compliance with the procedures and requirements of an official certifying agency of a state, the United States, a province of Canada, or the government of a foreign country where the seed was produced. See Virginia Code 3.2-4000
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Fungicide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi or plant disease. See Virginia Code 3.2-3900
  • Germination: means the percentage, by count, of seeds under consideration capable of producing normal seedlings in a given period of time and under conditions specified by regulations. See Virginia Code 3.2-4000
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means all material, equipment, supplies, printing, and automated data processing hardware and software. See Virginia Code 2.2-4301
  • 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
  • Grow: means to plant, cultivate, or harvest a plant or crop. See Virginia Code 3.2-4112
  • Grower: means any person registered pursuant to subsection A of § 3. See Virginia Code 3.2-4112
  • guaranteed analysis statement: means a statement containing: (i) the name and percentage of each active ingredient; (ii) the total percentage of the inert ingredients; and (iii) if the pesticide contains arsenic in any form, the percentages of total and water soluble arsenic. See Virginia Code 3.2-3900
  • 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. See Virginia Code 3.2-4000
  • Handle: means to temporarily possess industrial hemp grown in compliance with state or federal law that (i) has not been processed and (ii) was not grown by and will not be processed by the person temporarily possessing it. See Virginia Code 3.2-4112
  • Handler: means any person who is registered pursuant to subsection A of § 3. See Virginia Code 3.2-4112
  • Hard seed: means seeds that do not absorb moisture and germinate, thus remaining hard during the period prescribed for germination by regulations. See Virginia Code 3.2-4000
  • Hemp product: means a product, including any raw materials from industrial hemp that are used for or added to a food or beverage, that (i) contains industrial hemp and has completed all stages of processing needed for the product and (ii) when offered for retail sale (a) contains a total tetrahydrocannabinol concentration of no greater than 0. See Virginia Code 3.2-4112
  • Hemp product intended for smoking: means any hemp product intended to be consumed by inhalation. See Virginia Code 3.2-4112
  • Herbicide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed. See Virginia Code 3.2-3900
  • Hybrid: means the first generation seed of a cross produced by controlling pollination or using sterile lines and combining: (i) two, three, or four inbred lines; (ii) one inbred line, or a single cross, with an open-pollinated variety; or (iii) two varieties or species, except open-pollinated varieties of corn. See Virginia Code 3.2-4000
  • in bulk: means loose seed in bins or other containers, but not bags or packets. See Virginia Code 3.2-4000
  • 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
  • Inbred line: means a relatively stable and pure breeding strain resulting from: (i) four or more successive generations of controlled self-pollination; or (ii) four successive generations of backcrossing male sterile lines. See Virginia Code 3.2-4000
  • Includes: means includes, but not limited to. See Virginia Code 1-218
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Industrial hemp: includes an industrial hemp extract that has not completed all stages of processing needed to convert the extract into a hemp product. See Virginia Code 3.2-4112
  • Inert matter: means all matter not seeds and includes broken seeds, sterile florets, chaff, fungus bodies, and stones as determined by methods prescribed by regulations. See Virginia Code 3.2-4000
  • Insecticide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects that may be present in any environment whatsoever. See Virginia Code 3.2-3900
  • Job order contracting: means a method of procuring construction by establishing a book of unit prices and then obtaining a contractor to perform work as needed using the prices, quantities, and specifications in the book as the basis of its pricing. See Virginia Code 2.2-4301
  • 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 related species or subspecies known by a common name including wheat, oats, hairy vetch, white sweet clover, cabbage, and cauliflower. See Virginia Code 3.2-4000
  • Label: means the written, printed or graphic matter on, or attached to, the pesticide or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if any, of the pesticide or device. See Virginia Code 3.2-3900
  • Labeling: means all labels and other written, printed, or graphic matter: (i) upon the pesticide or device or any of its containers or wrappers; (ii) accompanying the pesticide or device at any time; or (iii) referenced on the label or in literature accompanying the pesticide or device. See Virginia Code 3.2-3900
  • Labeling: means all labels, tags, and any other written, printed, or graphic statements or representations (including representations on invoices) in any form pertaining to any seed. See Virginia Code 3.2-4000
  • landing area: means any locality, either of land or water, including airports and intermediate landing fields, which is used, or intended to be used, for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and open to the public for such use. See Virginia Code 5.1-89
  • landing field: means any locality, whether over land or water, including airports and intermediate landing fields, which is used or intended to be used for the landing and takeoff of aircraft and open to the public for such use, whether or not facilities are provided for the sheltering, servicing, or repair of aircraft or for receiving or discharging passengers or cargo. See Virginia Code 5.1-1
  • Lawn and turf seed: means seeds of grasses commonly recognized and sold for lawns or other areas where turf is grown for beautification or erosion control. See Virginia Code 3.2-4000
  • Lawn or turf seed mixture: means two or more kinds of agricultural seeds that are combined and sold for lawns or other areas where turf is grown for beautification or erosion control. See Virginia Code 3.2-4000
  • 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
  • licensee: means a person issued a license by the Board to engage in the sale, storage, distribution, recommendation, or application of pesticides for compensation. See Virginia Code 3.2-3900
  • 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 a definite quantity of seed that is identified by a number or other identification and is uniform throughout for the factors appearing on the label. See Virginia Code 3.2-4000
  • Master Settlement Agreement: means the settlement agreement and related documents entered into on November 23, 1998, by the Commonwealth and leading United States tobacco product manufacturers. See Virginia Code 3.2-4200
  • Mixture: means seeds consisting of more than one kind or variety, when claimed or present, in excess of five percent of the whole. See Virginia Code 3.2-4000
  • Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
  • Nonprofessional services: means any services not specifically identified as professional services in the definition of professional services. See Virginia Code 2.2-4301
  • Noxious-weed seed: means prohibited noxious-weed seeds and restricted noxious weed seeds. See Virginia Code 3.2-4000
  • 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.
  • offeror: means a person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability that will assure good faith performance, and who has been prequalified, if required. See Virginia Code 2.2-4301
  • Origin: means the state, territory, foreign country, or designated portion thereof, where the seed was grown. See Virginia Code 3.2-4000
  • 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.
  • person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See Virginia Code 3.2-4200
  • person: means any individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. See Virginia Code 5.1-89
  • Person: means any individual, corporation, government, political subdivision of the Commonwealth, or governmental subdivision or agency, business trust, estate, trust, partnership, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Virginia Code 5.1-1
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • 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
  • Pesticide: means : (i) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, other forms of plant or animal life, bacterium, or viruses, except viruses on or in living man or other animals, which the Commissioner shall declare to be a pest; (ii) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and (iii) any substance intended to become an active ingredient in any substance defined in clause (i) and (ii). See Virginia Code 3.2-3900
  • Pesticide business: means any person engaged in the business of: distributing, applying or recommending the use of a product; or storing, selling, or offering for sale pesticides directly to the user. See Virginia Code 3.2-3900
  • pesticide classified for restricted use: means any pesticide classified as restricted by the Administrator of the U. See Virginia Code 3.2-3900
  • Plant regulator: means any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. See Virginia Code 3.2-3900
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
  • Process: means to convert industrial hemp into a hemp product. See Virginia Code 3.2-4112
  • Process site: means the location at which a processor processes or intends to process industrial hemp. See Virginia Code 3.2-4112
  • Processor: means a person registered pursuant to subsection A of § 3. See Virginia Code 3.2-4112
  • Production field: means the land or area on which a grower or a federally licensed hemp producer is growing or intends to grow industrial hemp. See Virginia Code 3.2-4112
  • Professional services: means work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering. See Virginia Code 2.2-4301
  • Public body: means any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty, and empowered by law to undertake the activities described in this chapter. See Virginia Code 2.2-4301
  • Public contract: means an agreement between a public body and a nongovernmental source that is enforceable in a court of law. See Virginia Code 2.2-4301
  • Pure seed: means agricultural or vegetable seed exclusive of inert matter and other seeds distinguishable from the kind, or kind and variety, being considered. See Virginia Code 3.2-4000
  • Quantity statement: means the net weight (mass), net volume (liquid or dry), count, or other form of measurement of a commodity. See Virginia Code 3.2-4000
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Registrant: means the person registering any pesticide pursuant to the provisions of this chapter. See Virginia Code 3.2-3900
  • Registrant: means the person registering a lawn or turf seed mixture pursuant to this article. See Virginia Code 3.2-4000
  • Regulated hemp product: means a hemp product intended for smoking or an edible hemp product. See Virginia Code 3.2-4112
  • Released claims: means Released Claims as that term is defined in the Master Settlement Agreement. See Virginia Code 3.2-4200
  • Releasing parties: means Releasing Parties as that term is defined in the Master Settlement Agreement. See Virginia Code 3.2-4200
  • Responsive bidder: means a person who has submitted a bid that conforms in all material respects to the Invitation to Bid. See Virginia Code 2.2-4301
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • restricted common carrier by aircraft: means any person who undertakes, whether directly or by lease or other arrangement, to transport passengers or property of any restricted class or classes by aircraft for compensation whether over regular or irregular routes. See Virginia Code 5.1-89
  • Restricted noxious-weed seed: means weed seeds that are very objectionable in fields, lawns, and gardens and are difficult to control by common practices. See Virginia Code 3.2-4000
  • Reverse auctioning: means a procurement method wherein bidders are invited to bid on specified goods or nonprofessional services through real-time electronic bidding, with the award being made to the lowest responsive and responsible bidder. See Virginia Code 2.2-4301
  • Rodenticide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating rodents or any other vertebrate animal declared by the Commissioner to be a pest. See Virginia Code 3.2-3900
  • Sale: means the transfer of ownership of seed as evidenced by the exchange of payment or seed, in whole or in part. See Virginia Code 3.2-4000
  • Screenings: means seed, inert matter, and other materials removed from agricultural seed or vegetable seed by cleaning or conditioning. See Virginia Code 3.2-4000
  • Serious violation: means a violation of this chapter or regulation adopted hereunder that results in a substantial probability of death or serious physical harm to persons, serious harm to property, or serious harm to the environment unless the person or licensee did not or could not with the exercise of reasonable diligence know of the violation. See Virginia Code 3.2-3900
  • Services: means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies. See Virginia Code 2.2-4301
  • 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.
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
  • state agency: means the same as that term is defined in § 2. See Virginia Code 1-206
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tetrahydrocannabinol: means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol. See Virginia Code 3.2-4112
  • Tobacco product manufacturer: means an entity that after the date of enactment of this act directly (and not exclusively through any affiliate):

    1. See Virginia Code 3.2-4200

  • Tolerance: means the allowable deviation from any figure used on a label to designate the percentage of any fraction or rate of occurrence in the lot and is based on the law of normal variation from a mean. See Virginia Code 3.2-4000
  • Topical hemp product: means a hemp product that (i) is intended to be rubbed, poured, sprinkled, or sprayed on or otherwise applied to the human body or any part thereof and (ii) is not intended to be consumed orally or by inhalation. See Virginia Code 3.2-4112
  • Total tetrahydrocannabinol: means the sum, after the application of any necessary conversion factor, of the percentage by weight of tetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic acid. See Virginia Code 3.2-4112
  • Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
  • Transgenetic: means any plant material or seed that has undergone the transfer of a gene from one genera to another. See Virginia Code 3.2-4000
  • Treated: means seed that has received an effective application of: (i) a generally approved substance; (ii) a process designed to control or repel certain disease organisms, insects, or other pests; or (iii) any other treatment to improve its planting value. See Virginia Code 3.2-4000
  • 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 the same as that term is defined in § 3. See Virginia Code 3.2-4000
  • Under the direct supervision of: means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is responsible for the actions of that person. See Virginia Code 3.2-3900
  • United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
  • Units sold: means the number of individual cigarettes sold in the Commonwealth by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer or similar intermediary or intermediaries, during the year in question, as measured by excise taxes collected by the Commonwealth on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the Commonwealth. See Virginia Code 3.2-4200
  • Use: means the employment of a pesticide for the purposes of: (i) preventing, destroying, repelling, or mitigating any pest; or (ii) regulating plant growth, causing defoliation or desiccation of plants. See Virginia Code 3.2-3900
  • Variety: means a subdivision of a kind characterized by growth, plant, fruit, seed, or other characteristics that distinguish it from other plants of the same kind. See Virginia Code 3.2-4000
  • Vegetable seed: means seeds of crops grown in gardens and on truck farms commonly recognized as vegetable seed and designated by regulations. See Virginia Code 3.2-4000
  • Venue: The geographical location in which a case is tried.
  • Vessel: means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water, whether self-propelled or otherwise, and includes barges and tugs. See Virginia Code 3.2-3935