§ 3.2-3800 Definitions
§ 3.2-3801 Powers and duties of the Commissioner
§ 3.2-3802 Permit required to sell or transport plant pests
§ 3.2-3803 Licenses required of nurserymen or dealers; inspection fees
§ 3.2-3804 Inspection certificate required to transport nursery stock
§ 3.2-3805 Inspections upon request
§ 3.2-3806 Authority for inspections; right of entry
§ 3.2-3807 Eradication and control measures
§ 3.2-3808 Nursery stock or plant products for sale or distribution subject to stop delivery or stop sale
§ 3.2-3809 Seizure and disposition of nursery stock or plant products for sale or distribution
§ 3.2-3810 Penalty for violation
§ 3.2-3811 Judicial review

Terms Used In Virginia Code > Title 3.2 > Subtitle III > Chapter 38 - Plants and Plant Products Inspection

  • Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by (i) a practitioner or, under the practitioner's direction, his authorized agent or (ii) the patient or research subject at the direction and in the presence of the practitioner. See Virginia Code 54.1-2519
  • Adult: means a person 18 years of age or more. See Virginia Code 1-203
  • Agency: means any agency, authority, board, department, division, commission, institution, bureau, or like governmental entity of the Commonwealth or of any unit of local government including counties, cities, towns, regional governments, and the departments thereof, and includes constitutional officers, except as otherwise expressly provided by law. See Virginia Code 2.2-3801
  • 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.
  • Audiologist: means any person who engages in the practice of audiology. See Virginia Code 54.1-2600
  • 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
  • Board: means the Board of Health Professions. See Virginia Code 54.1-2410
  • Board: means the Board of Health Professions. See Virginia Code 54.1-2500
  • Board: means the Board of Audiology and Speech-Language Pathology. See Virginia Code 54.1-2600
  • Board: means the board of directors of the Authority. See Virginia Code 2.2-2201
  • 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
  • Bureau: means the Virginia Department of State Police, Bureau of Criminal Investigation, Drug Diversion Unit. See Virginia Code 54.1-2519
  • Closed meeting: means a meeting from which the public is excluded. See Virginia Code 2.2-3701
  • Committee: means the Health Practitioners' Monitoring Program Committee as described in § 54. See Virginia Code 54.1-2515
  • Community: means a city or a county. See Virginia Code 54.1-2410
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • Contract: means a written agreement between a practitioner and the Committee providing the terms and conditions of program participation or a written agreement entered into by the Director for the implementation of monitoring services. See Virginia Code 54.1-2515
  • Controlled substance: means a drug, substance or immediate precursor in Schedules I through VI of the Drug Control Act, Chapter 34 (§ 54. See Virginia Code 54.1-2519
  • Conviction: A judgement of guilt against a criminal defendant.
  • Covered substance: means all controlled substances included in Schedules II, III, and IV; controlled substances included in Schedule V for which a prescription is required; naloxone; and all drugs of concern that are required to be reported to the Prescription Monitoring Program, pursuant to this chapter. See Virginia Code 54.1-2519
  • Data subject: means an individual about whom personal information is indexed or may be located under his name, personal number, or other identifiable particulars, in an information system. See Virginia Code 2.2-3801
  • 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
  • Demonstrated need: means (i) there is no facility in the community providing similar services and (ii) alternative financing is not available for the facility, or (iii) such other conditions as may be established by Board regulation. See Virginia Code 54.1-2410
  • Department: means the Department of Health Professions. See Virginia Code 54.1-2500
  • Department: means the Virginia Department of Health Professions. See Virginia Code 54.1-2519
  • Director: means the Director of the Department of Health Professions. See Virginia Code 54.1-2500
  • Director: means the Director of the Virginia Department of Health Professions. See Virginia Code 54.1-2519
  • Disciplinary action: means any proceeding that may lead to a monetary penalty or probation or to a reprimand, restriction, revocation, suspension, denial, or other order relating to the license, certificate, registration, or multistate privilege of a health care practitioner issued by a health regulatory board. See Virginia Code 54.1-2515
  • Dispense: means to deliver a controlled substance to an ultimate user, research subject, or owner of an animal patient by or pursuant to the lawful order of a practitioner, including the prescribing and administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. See Virginia Code 54.1-2519
  • Dispenser: means a person or entity that (i) is authorized by law to dispense a covered substance or to maintain a stock of covered substances for the purpose of dispensing, and (ii) dispenses the covered substance to a citizen of the Commonwealth regardless of the location of the dispenser, or who dispenses such covered substance from a location in Virginia regardless of the location of the recipient. See Virginia Code 54.1-2519
  • 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
  • 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
  • Entity: means any person, partnership, firm, corporation, or other business, including assisted living facilities as defined in § 63. See Virginia Code 54.1-2410
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. 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
  • Group practice: means two or more health care practitioners who are members of the same legally organized partnership, professional corporation, not-for-profit corporation, faculty practice or similar association in which (i) each member provides substantially the full range of services within his licensed or certified scope of practice at the same location as the other members through the use of the organization's office space, facilities, equipment, or personnel; (ii) payments for services received from a member are treated as receipts of the organization; and (iii) the overhead expenses and income from the practice are distributed according to methods previously determined by the members. See Virginia Code 54.1-2410
  • 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 services: means any procedures or services related to prevention, diagnosis, treatment, and care rendered by a health care worker, regardless of whether the worker is regulated by the Commonwealth. See Virginia Code 54.1-2410
  • Immediate family member: means the individual's spouse, child, child's spouse, stepchild, stepchild's spouse, grandchild, grandchild's spouse, parent, stepparent, parent-in-law, or sibling. See Virginia Code 54.1-2410
  • Impairment: means a physical or mental disability, including but not limited to substance abuse, that substantially alters the ability of a practitioner to practice his profession with safety to his patients and the public. See Virginia Code 54.1-2515
  • Information system: means the total components and operations of a record-keeping process, including information collected or managed by means of computer networks and the Internet, whether automated or manual, containing personal information and the name, personal number, or other identifying particulars of a data subject. See Virginia Code 2.2-3801
  • 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
  • Investment interest: means the ownership or holding of an equity or debt security, including, but not limited to, shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments, except investment interests in a hospital licensed pursuant to Article 1 (§ 32. See Virginia Code 54.1-2410
  • Investor: means an individual or entity directly or indirectly possessing a legal or beneficial ownership interest, including an investment interest. See Virginia Code 54.1-2410
  • laser surgery: means treatment through revision, destruction, incision or other structural alteration of human tissue using laser technology. See Virginia Code 54.1-2400.01
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • meetings: means the meetings including work sessions, when sitting physically, or through electronic communication means pursuant to § 2. See Virginia Code 2.2-3701
  • 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
  • Office practice: means the facility or facilities at which a practitioner, on an ongoing basis, provides or supervises the provision of health services to consumers. See Virginia Code 54.1-2410
  • Person: means the term as defined in § 1-230. See Virginia Code 3.2-3800
  • Personal information: means all information that (i) describes, locates or indexes anything about an individual including, but not limited to, his social security number, driver's license number, agency-issued identification number, student identification number, real or personal property holdings derived from tax returns, and his education, financial transactions, medical history, ancestry, religion, political ideology, criminal or employment record, or (ii) affords a basis for inferring personal characteristics, such as finger and voice prints, photographs, or things done by or to such individual; and the record of his presence, registration, or membership in an organization or activity, or admission to an institution. See Virginia Code 2.2-3801
  • Personal property: All property that is not real property.
  • 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
  • Practice of audiology: means the practice of conducting measurement, testing and evaluation relating to hearing and vestibular systems, including audiologic and electrophysiological measures, and conducting programs of identification, hearing conservation, habilitation, and rehabilitation for the purpose of identifying disorders of the hearing and vestibular systems and modifying communicative disorders related to hearing loss, including but not limited to vestibular evaluation, limited cerumen management, electrophysiological audiometry and cochlear implants. See Virginia Code 54.1-2600
  • Practice of speech-language pathology: means the practice of facilitating development and maintenance of human communication through programs of screening, identifying, assessing and interpreting, diagnosing, habilitating and rehabilitating speech-language disorders, including but not limited to:

    1. See Virginia Code 54.1-2600

  • Practitioner: means any individual certified or licensed by any of the health regulatory boards within the Department of Health Professions, except individuals regulated by the Board of Funeral Directors and Embalmers or the Board of Veterinary Medicine. See Virginia Code 54.1-2410
  • Practitioner: means any individual regulated by any health regulatory board listed in § 54. See Virginia Code 54.1-2515
  • Prescriber: means a practitioner licensed in the Commonwealth who is authorized pursuant to §§ 54. See Virginia Code 54.1-2519
  • 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.
  • 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.
  • Program: means the Health Practitioners' Monitoring Program established pursuant to § 54. See Virginia Code 54.1-2515
  • 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
  • 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
  • Recess: A temporary interruption of the legislative business.
  • Recipient: means a person who receives a covered substance from a dispenser and includes the owner of an animal patient. See Virginia Code 54.1-2519
  • Referral: means to send or direct a patient for health services to another health care practitioner or entity outside the referring practitioner's group practice or office practice or to establish a plan of care which requires the provision of any health services outside the referring practitioner's group practice or office practice. See Virginia Code 54.1-2410
  • 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
  • regulatory board: means any board included within the Department of Health Professions as provided in § 54. See Virginia Code 54.1-2500
  • Relevant health regulatory board: means any such board that licenses persons or entities with the authority to prescribe or dispense covered substances, including the Board of Dentistry, the Board of Medicine, the Board of Veterinary Medicine, and the Board of Pharmacy. See Virginia Code 54.1-2519
  • 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
  • Speech-language disorders: means disorders in fluency, speech articulation, voice, receptive and expressive language (syntax, morphology, semantics, pragmatics), swallowing disorders, and cognitive communication functioning. See Virginia Code 54.1-2600
  • Speech-language pathologist: means any person who engages in the practice of speech-language pathology. See Virginia Code 54.1-2600
  • state: means the Commonwealth of Virginia or any of its agencies or departments. See Virginia Code 2.2-2200
  • Testify: Answer questions in court.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC