§ 3.2-5600 Definitions generally
§ 3.2-5601 Powers and duties of Commissioner
§ 3.2-5602 Commissioner to test accuracy of point-of-sale systems
§ 3.2-5603 Two systems of weights and measures recognized; definitions and tables of National Institute of Standards and Technology to govern
§ 3.2-5604 State standards of weight and measure
§ 3.2-5605 Office standards and field standards
§ 3.2-5606 Advice and recommendations of National Institute of Standards and Technology; publications of Institute
§ 3.2-5607 The Board may adopt regulations
§ 3.2-5608 Testing and inspection of standards procured by cities and counties
§ 3.2-5609 Testing and inspection of weights and measures offered for sale or commercially used
§ 3.2-5610 Investigations by Commissioner
§ 3.2-5611 Commissioner to weigh or measure packages and commodities; packages and commodities ordered off sale
§ 3.2-5612 Stop-sale, stop-use and stop-removal orders; seizure and impounding of commodities, weights or measures; violation a misdemeanor; judicial review
§ 3.2-5613 Sealing or marking of weights and measures; condemnation of incorrect weights and measures
§ 3.2-5614 Police powers of Commissioner
§ 3.2-5615 Appointment, terms and compensation of local sealers of weights and measures; discontinuance of local program
§ 3.2-5616 Fees of sealers
§ 3.2-5617 Powers and duties of sealers and deputies
§ 3.2-5618 Standards, equipment, and office space for sealers
§ 3.2-5619 Commissioner to have concurrent authority with sealers; ordinances in conflict with chapter
§ 3.2-5620 Specifications and tolerances for weighing and measuring devices
§ 3.2-5621 Rejected weights and measures
§ 3.2-5622 How certain commodities to be sold
§ 3.2-5623 Information to be shown on packages
§ 3.2-5624 Certain packages to show price per single unit of weight, measure, or count
§ 3.2-5625 Misleading containers prohibited; contents of container not to fall below standard
§ 3.2-5626 Advertisement of commodities in package form
§ 3.2-5627 Pricing of retail merchandise
§ 3.2-5628 Weights and Measures Fund established; purpose
§ 3.2-5629 Fees and other moneys received
§ 3.2-5630 Violations of pricing requirements
§ 3.2-5631 Representations as to price; signs advertising price of petroleum products
§ 3.2-5632 Failure to pay advertised cash discount
§ 3.2-5633 Commissioner to receive enforcement authority for the Stage II Vapor Recovery Programs
§ 3.2-5634 Meat, poultry, and seafood
§ 3.2-5635 Bulk sale and delivery of commodities
§ 3.2-5636 Scale house in establishment where livestock is bought from producers
§ 3.2-5637 Type registering weighbeams or automatic weight recorders required
§ 3.2-5638 Weight of livestock to be determined on date of sale
§ 3.2-5639 Announcement of day and hour of livestock sale
§ 3.2-5640 Certain merchants to provide scales for use of customers
§ 3.2-5641 Use of word “cord” in connection with purchase or sale of wood, bark, or other forest product
§ 3.2-5642 Determining number of board feet in tree or log
§ 3.2-5643 Obstructing Commissioner or sealers; penalty
§ 3.2-5644 Impersonating Commissioner or sealer
§ 3.2-5645 Certain acts declared misdemeanors
§ 3.2-5646 Civil penalties; suit to enjoin violation; compromise
§ 3.2-5647 Warning instead of report of violation
§ 3.2-5648 Presumptive proof of use of weight, measure or weighing or measuring device

Terms Used In Virginia Code > Title 3.2 > Subtitle IV > Chapter 56 - Weights and Measures

  • Acceptable release rate: means a measured release rate not to exceed 4. See Virginia Code 3.2-3935
  • Action: means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. See Virginia Code 8.01-465.14
  • Active ingredient: means (in the case of a pesticide other than a plant regulator, defoliant, desiccant, or anti-desiccant) an ingredient that will prevent, destroy, repel, or mitigate insects, fungi, rodents, weeds, or other pests. See Virginia Code 3.2-3900
  • Adult: means an individual who is at least 18 years of age. See Virginia Code 64.2-900
  • 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
  • Advisory Committee: means the Six-Year Capital Outlay Plan Advisory Committee established pursuant to § 2. See Virginia Code 2.2-1515
  • Affected localities: means the locality in which a regulated introduction is proposed to be made and any locality within a three-mile radius of the location where the regulated introduction is proposed to be made. See Virginia Code 2.2-5501
  • 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
  • Agency: means any authority, instrumentality, officer, board or other unit of the state government empowered by the basic laws to make regulations or decide cases. See Virginia Code 2.2-4001
  • Agency action: means either an agency's regulation or case decision or both, any violation, compliance, or noncompliance with which could be a basis for the imposition of injunctive orders, penal or civil sanctions of any kind, or the grant or denial of relief or of a license, right, or benefit by any agency or court. See Virginia Code 2.2-4001
  • Agreement: means the agreement or agreements between the Commonwealth, as seller of the Tobacco Assets, and the Corporation, as purchaser of the Tobacco Assets. See Virginia Code 3.2-3100
  • Agricultural and food product: means any horticultural, viticulture, dairy, livestock, poultry, bee, other farm or garden product, fish or fishery product, and other foods. See Virginia Code 3.2-4312
  • Agricultural commodity: means any plant or part thereof, animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, nurserymen, wood treaters not for hire, or other comparable persons) primarily for sale, consumption, propagation, or other use by man or animals. See Virginia Code 3.2-3900
  • agricultural product: means any horticultural, viticulture, dairy, livestock, poultry, bee, or other farm or garden product. See Virginia Code 3.2-4300
  • 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
  • Air navigation facility: means any airport ground or air navigation facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, buildings, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities or devices, and any combination of any or all of such facilities, used or useful as an aid, or constituting any advantage or convenience, to the safe taking off, navigation, and landing of aircraft; in the safe and efficient operation or maintenance of an airport; in the safe, efficient and convenient handling or processing of aviation passengers, mail or cargo; or in the servicing or maintenance of aircraft or ground equipment. See Virginia Code 5.1-1
  • 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
  • Airport hazard: means any structure, object or natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft. See Virginia Code 5.1-1
  • airspace: means all airspace above the lands and waters within the boundary of this Commonwealth. See Virginia Code 5.1-89
  • Alcohol: means the product known as ethyl or grain alcohol obtained by distillation of any fermented liquor, rectified either once or more often, whatever the origin, and shall include synthetic ethyl alcohol, but shall not include methyl alcohol and alcohol completely denatured in accordance with formulas approved by the government of the United States. See Virginia Code 4.1-100
  • Alcohol vaporizing device: means any device, machine, or process that mixes any alcoholic beverages with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation. See Virginia Code 4.1-100
  • Alcoholic beverages: includes alcohol, spirits, wine, and beer, and any one or more of such varieties containing one-half of one percent or more of alcohol by volume, including mixed alcoholic beverages, and every liquid or solid, powder or crystal, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human being. See Virginia Code 4.1-100
  • Allocable share: means Allocable Share as that term is defined in the Master Settlement Agreement. See Virginia Code 3.2-4200
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arts venue: means a commercial or nonprofit establishment that is open to the public and in which works of art are sold or displayed. See Virginia Code 4.1-100
  • Asbestos: means any material containing more than one percent of the asbestiform varieties of:

    1. See Virginia Code 2.2-1162

  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • 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 Alcoholic Beverage Control Authority created pursuant to this subtitle. See Virginia Code 4.1-100
  • Authority: means the Virginia Resources Authority created in Chapter 21 of Title 62. See Virginia Code 3.2-3112
  • Authority: means the Virginia Economic Development Partnership Authority. See Virginia Code 2.2-2760
  • Authority: means the Commonwealth of Virginia Innovation Partnership Authority. See Virginia Code 2.2-2352
  • Authority: means the Opioid Abatement Authority. See Virginia Code 2.2-2365
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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.
  • Barrel: means any container or vessel having a capacity of more than 43 ounces. See Virginia Code 4.1-100
  • 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 laws: means provisions of the Constitution and statutes of the Commonwealth authorizing an agency to make regulations or decide cases or containing procedural requirements therefor. See Virginia Code 2.2-4001
  • bed and breakfast establishment: includes any property offered to the public for short-term rental, as that term is defined in § 15. See Virginia Code 4.1-100
  • Beer: means any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt, and hops or of any similar products in drinkable water and containing one-half of one percent or more of alcohol by volume. See Virginia Code 4.1-100
  • Beneficiary: means an individual for whom property has been transferred to or held under a declaration of trust by a custodial trustee for the individual's use and benefit under this chapter. See Virginia Code 64.2-900
  • 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
  • Blighted property: means any property that endangers the public health or safety in its condition at the time of the filing of the petition for condemnation and is (i) a public nuisance or (ii) an individual commercial, industrial, or residential structure or improvement that is beyond repair or unfit for human occupancy or use. See Virginia Code 1-219.1
  • Board: means the Virginia Spirits Board. See Virginia Code 3.2-3007
  • Board: means the Board of Directors of the Virginia Alcoholic Beverage Control Authority. See Virginia Code 4.1-100
  • Board: means the governing board of the Virginia College Savings Plan. See Virginia Code 2.2-2744
  • Board: means the Virginia Aviation Board. See Virginia Code 5.1-1
  • Board: means the board of directors of the Authority. See Virginia Code 2.2-2352
  • Board: means the board of directors of the Authority. See Virginia Code 2.2-2365
  • 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
  • Bottle: means any vessel intended to contain liquids and having a capacity of not more than 43 ounces. See Virginia Code 4.1-100
  • Brand: means the name, term, design, or trademark of seed offered for sale. See Virginia Code 3.2-4000
  • Brand family: means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol" "lights" "kings" and "100s" and includes any brand name alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. See Virginia Code 3.2-4204
  • 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
  • Bus: means a motor vehicle that (i) is operated by a common carrier licensed under Chapter 20 of Title 46. See Virginia Code 4.1-100
  • 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
  • Capital outlay project: means acquisition of real property, including buildings or plant or machinery or equipment, or new construction or improvements related to state-owned real property, buildings, plant, or machinery or equipment including plans therefor. See Virginia Code 2.2-1515
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Centralized fleet: means those passenger-type vehicles assigned to the Department of General Services and available for use by state agencies. See Virginia Code 2.2-1173
  • 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
  • Chambers: A judge's office.
  • Chief: means the Chief of the Division of Mines of the Department of Energy. See Virginia Code 45.2-100
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • 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
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Civil aircraft: means any aircraft other than a public aircraft. See Virginia Code 5.1-1
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • 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.
  • Club: means any private nonprofit corporation or association which is the owner, lessee, or occupant of an establishment operated solely for a national, social, patriotic, political, athletic, or other like purpose, but not for pecuniary gain, the advantages of which belong to all of the members. See Virginia Code 4.1-100
  • Code designation: means an identification assigned by the U. See Virginia Code 3.2-4000
  • Commercial activity: means an activity performed by or for state government that is not an inherently governmental activity and that may feasibly be obtained from a commercial source at lower cost than the activity being performed by state employees. See Virginia Code 2.2-5512
  • Commercial aircraft: means any civil aircraft used in flight activity for compensation or for hire. See Virginia Code 5.1-1
  • Commercial applicator: means any person who has completed the requirements for certification to use or supervise the use of any pesticide for any purpose or on any property other than as provided in the definition of private applicator. See Virginia Code 3.2-3900
  • Commercial boat yard: means any facility that engages for hire in the construction, storage, maintenance, repair or refurbishing of vessels (other than seaplanes) or any licensed independent marine maintenance contractor who engages in such activities. See Virginia Code 3.2-3935
  • Commercial lifestyle center: means a mixed-use commercial development covering a minimum of 10 acres of land and having at least 100,000 square feet of retail space featuring national specialty chain stores and a combination of dining, entertainment, office, residential, or hotel establishments located in a physically integrated outdoor setting that is pedestrian friendly and that is governed by a commercial owners' association that is responsible for the management, maintenance, and operation of the common areas thereof. See Virginia Code 4.1-100
  • Commercial source: means any business or other private concern that is eligible for contract awarded in accordance with the Public-Private Education and Infrastructure Act of 2002 (§ 56-575. See Virginia Code 2.2-5512
  • Commission: means the Tobacco Region Revitalization Commission created pursuant to § 3. See Virginia Code 3.2-3100
  • Commission: means the Tobacco Region Revitalization Commission created pursuant to § 3. See Virginia Code 3.2-3112
  • Commission: means the MEI Project Approval Commission established by § 30-309. See Virginia Code 2.2-2760
  • Commission: means the State Corporation Commission. See Virginia Code 5.1-89
  • Commission Allocation: means 50 percent of the annual amount received under the Master Settlement Agreement by the Commonwealth, or that would have been received but for a sale of such allocation pursuant to an agreement, between the commencing and ending dates specified in the agreement. See Virginia Code 3.2-3100
  • Commissioner: means the Commissioner of the Department of Veterans Services appointed pursuant to § 2. See Virginia Code 2.2-2000.1
  • Commissioner: means the Tax Commissioner of the Department of Taxation. See Virginia Code 3.2-4204
  • Committee: means the Program Advisory Committee established pursuant to § 2. See Virginia Code 2.2-2744
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Commodity in package form: means any commodity packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. See Virginia Code 3.2-5600
  • 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
  • Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community action agency: means a local subdivision of the Commonwealth, a combination of political subdivisions, a separate public agency or a private nonprofit agency that has the authority under its applicable charter or laws to receive funds to support community action activities and other appropriate measures designed to identify and deal with the causes of poverty in the Commonwealth, and that is designated as a community action agency by federal law, federal regulations or the Governor. See Virginia Code 2.2-5400
  • Community action program budget: means state funds, federal block grants and federal categorical grants that are received by the Commonwealth for community action activities. See Virginia Code 2.2-5400
  • Community action statewide organization: means community action programs, organized on a statewide basis, to enhance the capability of community action agencies. See Virginia Code 2.2-5400
  • Community services board region: means a region as determined by the Department of Behavioral Health and Developmental Services for purposes of administering Chapter 5 of Title 37. See Virginia Code 2.2-2365
  • Compensation: means any amount paid in addition to reimbursement for expenses. See Virginia Code 2.2-2813
  • 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
  • Confidential business information: means information entitled to confidential treatment under subdivision A 1 or A 2 of § 2. See Virginia Code 2.2-5501
  • Conservator: means a person appointed or qualified by a court to manage the estate of an individual or a person legally authorized to perform substantially the same functions. See Virginia Code 64.2-900
  • 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
  • Construction contract: means a contract relating to the construction, alteration, repair, or maintenance of a building, structure, or appurtenance to such building or structure, including moving, demolition, and excavation connected with such building or structure, or any provision contained in any contract relating to the construction of projects other than buildings. See Virginia Code 2.2-4347
  • Construction phase: means the following steps, as set out in the Construction and Professional Services Manual of the Department of General Services: preparation of final working drawings and specifications, advertising for a sealed bid or proposal, awarding a contract pursuant to law, and actual construction of a project. See Virginia Code 2.2-1515
  • Container: means any barrel, bottle, carton, keg, vessel, or other receptacle used for holding alcoholic beverages. See Virginia Code 4.1-100
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuous official inspection: means that an employee or a licensed representative of the Department or of the U. See Virginia Code 3.2-4312
  • contract carrier: means any person not included under the definitions of "common carrier by aircraft" or "restricted common carrier by aircraft" as defined in § 5. See Virginia Code 5.1-1
  • Contract winemaking facility: means the premises of a licensed winery or farm winery that obtains grapes, fruits, and other agricultural products from a person holding a winery or farm winery license and crushes, processes, ferments, bottles, or provides any combination of such services pursuant to an agreement with the winery or farm winery licensee. See Virginia Code 4.1-100
  • Controlled conditions: means minimum seed stock standards established by regulation. See Virginia Code 3.2-4000
  • Convenience grocery store: means an establishment that (i) has an enclosed room in a permanent structure where stock is displayed and offered for sale and (ii) maintains an inventory of edible items intended for human consumption consisting of a variety of such items of the types normally sold in grocery stores. See Virginia Code 4.1-100
  • cooperative: means a cooperative formed by an association of individuals for the purpose of manufacturing wine. See Virginia Code 4.1-100
  • Coordinated Framework: means the federal Coordinated Framework for the Regulation of Biotechnology set forth in 51 Fed. See Virginia Code 2.2-5501
  • Cord: means the amount of wood that is contained in a space of 128 cubic feet when the wood is ranked and well stowed. See Virginia Code 3.2-5600
  • Corporation: means the Tobacco Settlement Financing Corporation as created under state law. See Virginia Code 3.2-3100
  • Council: means the State Executive Council for Children's Services created pursuant to § 2. See Virginia Code 2.2-5200
  • Council: means the Virginia Interagency Coordinating Council created pursuant to § 2. See Virginia Code 2.2-5300
  • Council: means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-355. See Virginia Code 2.2-3101
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court: means a circuit court of the Commonwealth. See Virginia Code 64.2-900
  • Covered institution: means a public institution of higher education operating (i) subject to a management agreement set forth in Article 4 (§ 23. See Virginia Code 2.2-4379
  • CSA: means the Children's Services Act. See Virginia Code 2.2-5200
  • Culinary lodging resort: means a facility (i) having not less than 13 overnight guest rooms in a building that has at least 20,000 square feet of indoor floor space; (ii) located on a farm in the Commonwealth with at least 1,000 acres of land zoned agricultural; (iii) equipped with a full-service kitchen; and (iv) offering to the public, for compensation, at least one meal per day, lodging, and recreational and educational activities related to farming, livestock, and other rural activities. See Virginia Code 4.1-100
  • Custodial trust property: means an interest in property transferred to or held under a declaration of trust by a custodial trustee under this chapter and the income from and proceeds of that interest. See Virginia Code 64.2-900
  • Custodial trustee: means a person designated as trustee of a custodial trust under this chapter or a substitute or successor to the person designated. See Virginia Code 64.2-900
  • Debtor: means any individual, business, or group having a delinquent debt or account with any state agency that obligation has not been satisfied or set aside by court order or discharged in bankruptcy. See Virginia Code 2.2-4347
  • Decedent: means any person whose life has been taken as a result of murder or voluntary manslaughter. See Virginia Code 64.2-2500
  • 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
  • Delicatessen: means an establishment that sells a variety of prepared foods or foods requiring little preparation, such as cheeses, salads, cooked meats, and related condiments. See Virginia Code 4.1-100
  • Department: means the Department of Veterans Services established pursuant to § 2. See Virginia Code 2.2-2000.1
  • Department: means the Department of General Services. See Virginia Code 2.2-2760
  • Department: means the Department of Aviation. See Virginia Code 5.1-1
  • Department: means the department designated by the Secretary of Commerce and Trade to implement the requirements of this chapter for certain types or classes of regulated introductions. See Virginia Code 2.2-5501
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See Virginia Code 3.2-3900
  • Designated agency: means the agency designated by the Secretary of Health and Human Resources pursuant to § 2. See Virginia Code 2.2-5400
  • Designated area: means a room or area approved by the Board for on-premises licensees. See Virginia Code 4.1-100
  • Detailed planning: means the preparation of architectural and engineering documents up to the preliminary design stage, as defined in the Construction and Professional Services Manual of the Department of General Services. See Virginia Code 2.2-1515
  • Development: means improvements designed to prepare a site for construction or higher use than was possible in the site's natural state or its state at the time of acquisition. See Virginia Code 2.2-2760
  • 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
  • Director: means the Director of the Department of General Services. See Virginia Code 2.2-1162
  • Director: means the Director of the Department of General Services. See Virginia Code 2.2-1173
  • Disclaimant: means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. See Virginia Code 64.2-2600
  • Disclaimed interest: means the interest that would have passed to the disclaimant had the disclaimer not been made. See Virginia Code 64.2-2600
  • Disclaimer: means the refusal to accept an interest in or power over property. See Virginia Code 64.2-2600
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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
  • Distribution proceeding: means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims are asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust, or other fund. See Virginia Code 8.01-465.14
  • Disturbed land: means the area from which overburden has been removed in any mining operation, plus the area covered by the spoil and refuse, plus any area used in such mining operation, including land used for processing, stockpiling, or settling ponds. See Virginia Code 45.2-1200
  • Division: means the Division of Mined Land Repurposing. See Virginia Code 45.2-1000
  • Division: means the Division of Mineral Mining. See Virginia Code 45.2-1200
  • Donee: The recipient of a gift.
  • 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
  • Drugstore: means an establishment that sells medicines prepared by a licensed pharmacist pursuant to a prescription and other medicines and items for home and general use. See Virginia Code 4.1-100
  • Due diligence: means undertaking (i) necessary land title, valuation, environmental, engineering, or technical studies; (ii) professional or consulting services related to a site or site selection; or (iii) any other similar activities. See Virginia Code 2.2-2760
  • Early intervention services: means services provided through Part C of the Individuals with Disabilities Education Act (20 U. See Virginia Code 2.2-5300
  • 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
  • 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
  • Eligible acquisition site: means a site suitable to be marketed for economic development purposes. See Virginia Code 2.2-2760
  • Eligible employee: means any individual who is (i) 18 years of age or older, (ii) currently employed at least 30 hours a week, and (iii) receiving wages. See Virginia Code 2.2-2744
  • Eligible employer: means a nongovernmental business, industry, trade, profession, or other enterprise in the Commonwealth, whether conducted on a for-profit or nonprofit basis, that employed 25 or more eligible employees, as reported to the Virginia Employment Commission pursuant to 16VAC5-32-20, or any successor regulation, for the quarter ending December 31 and the preceding three quarters of the preceding calendar year and has been operating for at least two years prior to Program implementation. See Virginia Code 2.2-2744
  • Endowment: means the Tobacco Indemnification and Community Revitalization Endowment established pursuant to § 3. See Virginia Code 3.2-3100
  • Endowment: means the Tobacco Indemnification and Community Revitalization Endowment as established in § 3. See Virginia Code 3.2-3112
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Equity: means any contribution to a project other than debt financing, including a federal, state, or local grant, except that the grant shall not be a Commission grant. See Virginia Code 3.2-3112
  • Establishment: means any place where alcoholic beverages of one or more varieties are lawfully manufactured, sold, or used. See Virginia Code 4.1-100
  • 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
  • Expenses: means all reasonable and necessary expenses incurred in the performance of duties. See Virginia Code 2.2-2813
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Farm winery: means (i) an establishment or cooperative located in the Commonwealth on land zoned agricultural that has (a) a vineyard, orchard, or similar growing area that produces fruits or other agricultural products used to manufacture the wine of such farm winery, subject to the requirements set forth in § 4. See Virginia Code 4.1-100
  • Federal act: means the federal Surface Mining Control and Reclamation Act of 1977, P. See Virginia Code 45.2-1000
  • Federal regulator: means a federal department, agency, or other instrumentality of the federal government, or a designee of such federal instrumentality, which is responsible for regulating an introduction of a genetically engineered organism into the environment under the Coordinated Framework. See Virginia Code 2.2-5501
  • Federally licensed hemp producer: means a person who holds a hemp producer license issued by the U. See Virginia Code 3.2-4112
  • Fee: means any investment management charges, administrative charges, investment advice charges, trading fees, marketing and sales fees, revenue sharing, broker fees, and other costs necessary to run the Program. See Virginia Code 2.2-2744
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: includes a guardian, committee, trustee, executor, conservator, or personal representative. See Virginia Code 64.2-100
  • Fiduciary: means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person. See Virginia Code 64.2-2600
  • Fiduciary: shall include any one or more of the following:

    a. See Virginia Code 8.01-2

  • Fighter or attack jet: means a jet-powered aircraft designed for military (i) combat training or (ii) operational mission execution. See Virginia Code 5.1-1
  • 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
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • Foreign country: means a government other than any of the following: the United States; a state, district, commonwealth, territory, or insular possession of the United States; or a government with regard to which the decision in the Commonwealth as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution. See Virginia Code 8.01-465.13:1
  • foreign judgment: means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state. See Virginia Code 8.01-465.1
  • Foreign money: means money other than money of the United States of America. See Virginia Code 8.01-465.14
  • Foreign-country judgment: means a judgment of a court of a foreign country. See Virginia Code 8.01-465.13:1
  • Foreign-money claim: means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money. See Virginia Code 8.01-465.14
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • 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
  • Founder: means a person who founds a company. See Virginia Code 2.2-2352
  • Founder-friendly: means policies related to the transactional process of the development of technology, from research to commercialization, that are fair, transparent, and designed to enable the success of an inventor and business owner as the business grows. See Virginia Code 2.2-2352
  • Fund: means the Virginia Spirits Promotion Fund. See Virginia Code 3.2-3007
  • Fund: means the Tobacco Indemnification and Community Revitalization Fund established pursuant to § 3. See Virginia Code 3.2-3100
  • Fund: means the Virginia Tobacco Region Revolving Fund created by this chapter. See Virginia Code 3.2-3112
  • Fund: means the Virginia Business Ready Sites Acquisition Fund established by § 2. See Virginia Code 2.2-2760
  • Fund: means the Opioid Abatement Fund. See Virginia Code 2.2-2365
  • 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
  • Genetically engineered organism: means an organism (any organism such as animal, plant, bacterium, cyanobacterium, fungus, protist, or virus), altered or produced through genetic modification from a donor, vector, or recipient organism using modern molecular techniques such as recombinant deoxyribonucleic acid (DNA) methodology, and any living organisms derived therefrom. See Virginia Code 2.2-5501
  • 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
  • Goods: means all material, equipment, supplies, printing, and automated data processing hardware and software. See Virginia Code 2.2-4301
  • Gourmet brewing shop: means an establishment which sells to persons to whom wine or beer may lawfully be sold, ingredients for making wine or brewing beer, including packaging, and rents to such persons facilities for manufacturing, fermenting and bottling such wine or beer. See Virginia Code 4.1-100
  • Gourmet oyster house: means an establishment that (i) is located on the premises of a commercial marina, (ii) is permitted by the Department of Health to serve oysters and other fresh seafood for consumption on the premises, and (iii) offers to the public events for the purpose of featuring and educating the consuming public about local oysters and other seafood products. See Virginia Code 4.1-100
  • Gourmet shop: means an establishment provided with adequate inventory, shelving, and storage facilities, where, in consideration of payment, substantial amounts of domestic and imported wines and beers of various types and sizes and related products such as cheeses and gourmet foods are habitually furnished to persons. See Virginia Code 4.1-100
  • Governing instrument: means a deed, will, trust, insurance or annuity policy, account with POD designation, security registered in beneficiary form (TOD), or pension, profit-sharing, retirement, or similar benefit plan; instrument creating or exercising a power of appointment or a power of attorney; or a donative, appointive, or nominative instrument of any other type. See Virginia Code 64.2-2200
  • Government store: means a store established by the Authority for the sale of alcoholic beverages. See Virginia Code 4.1-100
  • Government utility corporation: means any county or municipality, or entity or agency thereof, which provides or operates one or more of the following authorized utility services: gas, pipeline, electric light, heat, power, water supply, sewer, telephone, or telegraph. See Virginia Code 1-219.1
  • Grocery store: means an establishment that sells food and other items intended for human consumption, including a variety of ingredients commonly used in the preparation of meals. See Virginia Code 4.1-100
  • Gross weight: means the total weight of the commodity, including any wrapper, and any other material or thing weighed or packed with such commodity, and including the vehicle or vessel containing the commodity. See Virginia Code 3.2-5600
  • 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: means the person whose name appears on the label. See Virginia Code 3.2-4000
  • Guardian: means a person appointed or qualified by a court as a guardian of a person, including a limited guardian, but not a person who is only a guardian ad litem. See Virginia Code 64.2-900
  • Guidance document: means the same as that term is defined in § 2. See Virginia Code 2.2-4001
  • 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
  • Hearing: means agency processes other than those informational or factual inquiries of an informal nature provided in §§ 2. See Virginia Code 2.2-4001
  • Hearing officer: means an attorney selected from a list maintained by the Executive Secretary of the Supreme Court in accordance with § 2. See Virginia Code 2.2-4001
  • 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
  • Historic cinema house: means a nonprofit establishment exempt from taxation under § 501(c)(3) of the Internal Revenue Code that was built prior to 1970 and that exists for the primary purpose of showing motion pictures to the public. See Virginia Code 4.1-100
  • Historically economically disadvantaged community: means the same as such term is defined in § 56-576. See Virginia Code 2.2-2365
  • Hotel: means any duly licensed establishment, provided with special space and accommodation, where, in consideration of payment, food and lodging are habitually furnished to persons, and which has four or more bedrooms. See Virginia Code 4.1-100
  • 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
  • Immediate family: means a spouse, children, parents, brothers and sisters, and any other person living in the same household as the employee. See Virginia Code 2.2-4368
  • in bulk: means loose seed in bins or other containers, but not bags or packets. See Virginia Code 3.2-4000
  • 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
  • Incapacitated: means lacking the ability to manage property and business affairs effectively by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, disappearance, minority, or other disabling cause. See Virginia Code 64.2-900
  • Index: means the Virginia Innovation Index. See Virginia Code 2.2-2352
  • 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
  • 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
  • Insect: means any small invertebrate animal generally having a segmented form and belonging to the class Insecta including beetles, bugs, and bees. See Virginia Code 3.2-3900
  • 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
  • Inspector: means a state inspector who is employed and authorized to test, certify, and seal weights and measures. See Virginia Code 3.2-5600
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interdicted person: means a person to whom the sale of alcoholic beverages is prohibited by order pursuant to this subtitle. See Virginia Code 4.1-100
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internet wine and beer retailer: means a person who owns or operates an establishment with adequate inventory, shelving, and storage facilities, where, in consideration of payment, Internet or telephone orders are taken and shipped directly to consumers and which establishment is not a retail store open to the public. See Virginia Code 4.1-100
  • Intoxicated: means a condition in which a person has drunk enough alcoholic beverages to observably affect his manner, disposition, speech, muscular movement, general appearance, or behavior. See Virginia Code 4.1-100
  • IRA: means a Roth or traditional individual retirement account or annuity under § 408 or 408A of the Internal Revenue Code. See Virginia Code 2.2-2744
  • 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
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jointly held property: means property held in the name of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property and includes, without limitation, property held as tenants by the entirety. See Virginia Code 64.2-2600
  • 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
  • land zoned agricultural: means (1) land zoned as an agricultural district or classification or (2) land otherwise permitted by a locality for farm winery use. See Virginia Code 4.1-100
  • 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
  • Large-scale economic development project: means an economic development project that involves a capital investment of at least $250 million and that creates at least 250 new jobs. See Virginia Code 2.2-2760
  • 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
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Legal representative: means a personal representative or conservator. See Virginia Code 64.2-900
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Licensed: means the holding of a valid license granted by the Authority. See Virginia Code 4.1-100
  • Licensee: means any person to whom a license has been granted by the Authority. See Virginia Code 4.1-100
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Livestock auction market: means any place of business or establishment where, during the regular course of business, cattle, sheep, swine, or other livestock are offered or exposed for sale, or sold, by weight, or by head, at auction, for compensation or profit. See Virginia Code 3.2-5600
  • Local apportionment formula: means any formula submitted to the Attorney General by participating localities pursuant to the provisions of subsection B of § 2. See Virginia Code 2.2-2365
  • Local government: means any county, city, town, municipal corporation, authority, district, commission, or political subdivision created by the General Assembly or pursuant to the Constitution of Virginia or laws of the Commonwealth, or any combination of any two or more of the foregoing, located in any of the tobacco-dependent communities in the Southside and Southwest regions of Virginia. See Virginia Code 3.2-3112
  • Locality: means any county, city or town located within the Commonwealth. See Virginia Code 2.2-5501
  • 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
  • Majority leader: see Floor Leaders
  • Marina store: means an establishment that is located on the same premises as a marina, is operated by the owner of such marina, and sells food and nautical and fishing supplies. See Virginia Code 4.1-100
  • Marine antifoulant paint: means any compound, coating, paint or treatment applied or used for the purpose of controlling freshwater or marine fouling organisms on vessels. See Virginia Code 3.2-3935
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • 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
  • Meals: means , for a mixed beverage license, an assortment of foods commonly ordered in bona fide, full-service restaurants as principal meals of the day. See Virginia Code 4.1-100
  • Mineral: means ore, rock, and any other solid homogeneous crystalline chemical element or compound that results from the inorganic processes of nature other than coal. See Virginia Code 45.2-1200
  • Mining: means the breaking or disturbing of the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals or any activity constituting all or part of a process for the extraction or removal of minerals so as to make them suitable for commercial, industrial, or construction use. See Virginia Code 45.2-1200
  • Mining operation: means any area included in an approved plan of operation. See Virginia Code 45.2-1200
  • Mixer: means any prepackaged ingredients containing beverages or flavoring or coloring materials, and which may also contain water, fruit juices, fruit adjuncts, sugar, carbon dioxide, or preservatives which are not commonly consumed unless combined with alcoholic beverages, whether or not such ingredients contain alcohol. See Virginia Code 4.1-100
  • 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
  • Money: means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement. See Virginia Code 8.01-465.14
  • Municipal golf course: means any golf course that is owned by any town incorporated in 1849 and which is the county seat of Smyth County. See Virginia Code 4.1-100
  • Net weight: means the net weight of a commodity, that is, the weight of the commodity exclusive of any wrapper, and any other material or thing weighed or packed with such commodity, and excluding the vehicle or vessel containing the commodity. See Virginia Code 3.2-5600
  • Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
  • Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Virginia Code 3.2-4204
  • Nonprofessional services: means any services not specifically identified as professional services in the definition of professional services. See Virginia Code 2.2-4301
  • Notary: means notary public. See Virginia Code 1-226
  • Noxious-weed seed: means prohibited noxious-weed seeds and restricted noxious weed seeds. See Virginia Code 3.2-4000
  • 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
  • Official responsibility: means administrative or operating authority, whether intermediate or final, to initiate, approve, disapprove or otherwise affect a procurement transaction, or any claim resulting therefrom. See Virginia Code 2.2-4368
  • Operator: means any person engaging in a coal surface mining operation whether or not such coal is sold within the Commonwealth. See Virginia Code 45.2-1000
  • Operator: means any individual, corporation or corporation officer, firm, joint venture, partnership, business trust, association, or any other group or combination acting as a unit, or any legal entity that is engaged in mining. See Virginia Code 45.2-1200
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Origin: means the state, territory, foreign country, or designated portion thereof, where the seed was grown. See Virginia Code 3.2-4000
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • Overburden: means all of the earth and other materials that lie above a natural deposit of minerals, ores, rock, or other solid matter and also other materials after removal from their natural deposit in the process of mining. See Virginia Code 45.2-1200
  • Participating agencies: means the Departments of Health, of Education, of Medical Assistance Services, of Behavioral Health and Developmental Services, and of Social Services; the Departments for the Deaf and Hard-of-Hearing and for the Blind and Vision Impaired; and the Bureau of Insurance within the State Corporation Commission. See Virginia Code 2.2-5300
  • Participating employee: means any eligible employee who is enrolled in the Program. See Virginia Code 2.2-2744
  • Participating employer: means an employer that facilitates a payroll deposit retirement savings agreement pursuant to this chapter for its eligible employees. See Virginia Code 2.2-2744
  • Participating individual: means any individual who enrolls in the Program independent of an employment relationship with an eligible employer, maintains an account in the Program, and is not a participating employee. See Virginia Code 2.2-2744
  • Participating locality: means any county or independent city that agrees to be bound by the terms of a settlement agreement entered into by the Attorney General relating to claims regarding the manufacturing, marketing, distribution, or sale of opioids, and that releases its own such claims. See Virginia Code 2.2-2365
  • Passenger-type vehicle: means any automobile, including sedans and station wagons, or van used primarily for the transportation of the operator and no more than fifteen passengers. See Virginia Code 2.2-1173
  • Payment date: means either (i) the date on which payment is due under the terms of a contract for provision of goods or services or (ii) if such date has not been established by contract, (a) 30 days after receipt of a proper invoice by the state agency or its agent or 45 days after receipt by the local government or its agent responsible under the contract for approval of such invoices for the amount of payment due or (b) 30 days after receipt of the goods or services by the state agency or 45 days after receipt by the local government, whichever is later. See Virginia Code 2.2-4347
  • Payor: means a trustee, insurer, business entity, employer, government, governmental agency, subdivision, or instrumentality, or any other person authorized or obligated by law or a governing instrument to make payments. See Virginia Code 64.2-2200
  • Payroll deposit retirement savings agreement: means an arrangement by which an employer allows employees to remit payroll deduction contributions to the Program. See Virginia Code 2.2-2744
  • Pecuniary interest arising from the procurement: means a personal interest in a contract as defined in the State and Local Government Conflict of Interests Act (§ 2. See Virginia Code 2.2-4368
  • Permit: means a permit issued by the Director pursuant to state regulations. See Virginia Code 45.2-1000
  • Permittee: means a person holding any of the following permits issued by the Director: (i) a permit for coal surface mining pursuant to § 45. See Virginia Code 45.2-1000
  • Person: means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity. See Virginia Code 8.01-465.14
  • Person: means an individual, corporation, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity. See Virginia Code 64.2-900
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or any other legal or commercial entity. See Virginia Code 64.2-2600
  • Person: means any individual, partnership, association, joint venture, trust, company, firm, joint stock company, corporation, other group or combination acting as a unit, or other legal entity. See Virginia Code 45.2-1000
  • person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See Virginia Code 3.2-4200
  • Person: shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;

    6. See Virginia Code 8.01-2

  • 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 under a disability: shall include :

    a. See Virginia Code 8.01-2

  • Personal representative: means an executor, administrator, or special administrator of a decedent's estate, a person legally authorized to perform substantially the same functions, or a successor to any of them. See Virginia Code 64.2-900
  • Pest: means any deleterious organism that is: (i) any vertebrate animal other than man; (ii) any invertebrate animal excluding any internal parasite of living man or other living animals; (iii) any plant growing where not wanted, and any plant part such as a root; or (iv) any bacterium, virus, or other microorganisms (except for those on or in living man or other living animals and those on or in processed food or processed animal feed, beverages, drugs as defined by the Federal Food, Drug, and Cosmetic Act at 21 U. See Virginia Code 3.2-3900
  • 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
  • Plan: means the Virginia College Savings Plan. See Virginia Code 2.2-2744
  • Planned introduction into the environment: means the intentional introduction or use in the Commonwealth beyond the de minimis level of a genetically engineered organism anywhere except within an indoor facility that is designed to physically contain the genetically engineered organism, including a laboratory, greenhouse, building, structure, growth chamber, or fermenter. See Virginia Code 2.2-5501
  • 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
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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.
  • Point-of-sale system: means an electronic cash register capable of recovering stored information related to the sale price of individual retail items. See Virginia Code 3.2-5600
  • 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
  • Pre-planning: means a process meant to obtain a more detailed definition and cost estimate of a project. See Virginia Code 2.2-1515
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Principal stockholder: means any person who individually or in concert with his spouse and immediate family members beneficially owns or controls, directly or indirectly, five percent or more of the equity ownership of any person that is a licensee of the Authority, or who in concert with his spouse and immediate family members has the power to vote or cause the vote of five percent or more of any such equity ownership. See Virginia Code 4.1-100
  • Private applicator: means an individual who uses or supervises the use of any pesticide that is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person. See Virginia Code 3.2-3900
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • 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
  • Procurement transaction: means all functions that pertain to the obtaining of any goods, services or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. See Virginia Code 2.2-4368
  • 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
  • Program: means the state-facilitated IRA savings program established in this chapter and administered by the Plan. See Virginia Code 2.2-2744
  • Program: means the Virginia Business Ready Sites Acquisition Program established by § 2. See Virginia Code 2.2-2760
  • Program Trust: means the Program trust fund established by § 2. See Virginia Code 2.2-2744
  • Project: means a capital outlay project included in the six-year capital outlay plan described in § 2. See Virginia Code 2.2-1515
  • Project: means the same as that term is defined in § 62. See Virginia Code 3.2-3112
  • Project development agreement: means an agreement by which the Authority sells, leases, transfers, or otherwise disposes of an eligible acquisition site to a private employer for a large-scale economic development project. See Virginia Code 2.2-2760
  • Property: includes any real and personal property and any right or interest therein. See Virginia Code 64.2-2500
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public aircraft: includes any fighter or attack jet that is leased or owned by a private entity, provided that the aircraft operations are conducted exclusively for the purpose of military combat training in service to the federal government. See Virginia Code 5.1-1
  • Public assistance and social services programs: means those programs specified in § 63. See Virginia Code 2.2-4001
  • 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
  • Public corporation: means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein. See Virginia Code 1-219.1
  • Public employee: means any person employed by a public body, including elected officials or appointed members of governing bodies. See Virginia Code 2.2-4368
  • 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 place: means any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants, soda fountains, hotel dining areas, lobbies and corridors of hotels, and any park, place of public resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane. See Virginia Code 4.1-100
  • 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
  • Rate of exchange: means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. See Virginia Code 8.01-465.14
  • Reclamation: means the restoration or conversion of disturbed land to a stable condition that minimizes or prevents adverse disruption and the injurious effects of such disruption and presents an opportunity for further productive use if such use is reasonable. See Virginia Code 45.2-1200
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Refuse: means all waste soil, rock, mineral tailings, slimes, and other material directly connected with the mine or with the cleaning and preparation of substances mined, including all waste material deposited in the permit area from other sources. See Virginia Code 45.2-1200
  • Registered technician: means an individual who has satisfactorily completed the Board requirements for certification to apply general use pesticides, and to apply restricted use pesticides while under the direct supervision of a certified commercial applicator. See Virginia Code 3.2-3900
  • 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
  • Registrar: means the Registrar of Regulations employed as provided in § 2. See Virginia Code 2.2-4001
  • Regulated hemp product: means a hemp product intended for smoking or an edible hemp product. See Virginia Code 3.2-4112
  • Regulated introduction: means a planned introduction into the environment for which the Coordinated Framework requires that the person proposing to commence the introduction into the environment do one or more of the following:

    1. See Virginia Code 2.2-5501

  • regulation: means any statement of general application, having the force of law, affecting the rights or conduct of any person, adopted by an agency in accordance with the authority conferred on it by applicable basic laws. See Virginia Code 2.2-4001
  • 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
  • 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.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • 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.
  • Residence: means any building or part of a building or structure where a person resides, but does not include any part of a building that is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof. See Virginia Code 4.1-100
  • Resort complex: means a facility (i) with a hotel owning year-round sports and recreational facilities located contiguously on the same property; (ii) owned by a nonstock, nonprofit, taxable corporation with voluntary membership which, as its primary function, makes available golf, ski, and other recreational facilities both to its members and to the general public; or (iii) operated by a corporation that operates as a management company which, as its primary function, makes available (a) vacation accommodations, guest rooms, or dwelling units and (b) golf, ski, and other recreational facilities to members of the managed entities and the general public. See Virginia Code 4.1-100
  • Response actions: means any action, including removal, encapsulation, enclosure, repair, method of operation, maintenance, record keeping or notification that protects human health from building materials containing asbestos. See Virginia Code 2.2-1162
  • 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
  • Restaurant: means , for a wine and beer license or a limited mixed beverage restaurant license, any establishment provided with special space and accommodation, where, in consideration of payment, meals or other foods prepared on the premises are regularly sold. See Virginia Code 4.1-100
  • 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
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • 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: includes barter and exchange. See Virginia Code 3.2-5600
  • 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
  • Sangria: means a drink consisting of red or white wine mixed with some combination of sweeteners, fruit, fruit juice, soda, or soda water that may also be mixed with brandy, triple sec, or other similar spirits. See Virginia Code 4.1-100
  • 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
  • Sealer: means an inspector of weights and measures of a city, a county, or a joint city-county jurisdiction. See Virginia Code 3.2-5600
  • Secretary: means the U. See Virginia Code 45.2-1000
  • Secretary: means the Secretary of Administration. See Virginia Code 2.2-1162
  • sell: includes soliciting or receiving an order for; keeping, offering or exposing for sale; peddling, exchanging or bartering; or delivering otherwise than gratuitously, by any means, alcoholic beverages. See Virginia Code 4.1-100
  • Service area: means the geographical area within the jurisdiction of a community action agency or a community action statewide organization. See Virginia Code 2.2-5400
  • Service of process: The service of writs or summonses to the appropriate party.
  • Service-connected: means , with respect to disability, that such disability was incurred or aggravated in the line of duty in the active military, naval, or air service. See Virginia Code 2.2-2000.1
  • 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
  • single-service devices: means any devices designed to be used commercially once and then discarded. See Virginia Code 3.2-5609
  • Site acquisition activities: means the completion of due diligence activities, as well as the purchasing or optioning of an eligible acquisition site for purposes of the Program. See Virginia Code 2.2-2760
  • Site development activities: means development of a site. See Virginia Code 2.2-2760
  • Slayer: means any person (i) who is convicted of the murder or voluntary manslaughter of the decedent or, (ii) in the absence of such conviction, who is determined, whether before or after his death, by a court of appropriate jurisdiction by a preponderance of the evidence to have committed one of the offenses listed in clause (i) resulting in the death of the decedent. See Virginia Code 64.2-2500
  • Special agent: means an employee of the Virginia Alcoholic Beverage Control Authority whom the Board has designated as a law-enforcement officer pursuant to § 4. See Virginia Code 4.1-100
  • Special event: means an event sponsored by a duly organized nonprofit corporation or association and conducted for an athletic, charitable, civic, educational, political, or religious purpose. See Virginia Code 4.1-100
  • Spirits: means the same as that term is defined in § 4. See Virginia Code 3.2-3007
  • Spirits: means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances, in solution, and includes, among other things, brandy, rum, whiskey, and gin, or any one or more of the last four named ingredients, but shall not include any such liquors completely denatured in accordance with formulas approved by the United States government. See Virginia Code 4.1-100
  • Spoil: means any overburden or other material removed from its natural state in the process of mining. See Virginia Code 45.2-1200
  • Spot rate: means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding two days. See Virginia Code 8.01-465.14
  • Stamping agent: means (i) a person who is authorized by the Tax Commissioner pursuant to § 58. See Virginia Code 3.2-4204
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States. See Virginia Code 8.01-465.14
  • State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Virginia Code 64.2-900
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Virginia Code 64.2-2600
  • State agency: means any authority, board, department, instrumentality, institution, agency, or other unit of state government. See Virginia Code 2.2-4347
  • State filer: means those officers and employees required to file a disclosure statement of their personal interests pursuant to subsection A or B of § 2. See Virginia Code 2.2-3101
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Strategic Plan: means the strategic plan required pursuant to subsection C of § 3. See Virginia Code 3.2-3100
  • Subcontractor: means any entity that has a contract to supply labor or materials to the contractor to whom the contract was awarded or to any subcontractor in the performance of the work provided for in such contract. See Virginia Code 2.2-4347
  • Subordinate: means (i) one or more but less than a quorum of the members of a board constituting an agency, (ii) one or more of its staff members or employees, or (iii) any other person or persons designated by the agency to act in its behalf. See Virginia Code 2.2-4001
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Tare weight: means the weight of any wrapper, and any other vehicle, vessel, material or thing that is weighed with, but not an actual part of, a commodity sold by weight; thus, tare weight may include, in the case of a packaged commodity, a wrapper, container, packaging material, binding material, preservative, or the like, or in the case of bulk commodity, a vehicle, box, can, jar, or the like. See Virginia Code 3.2-5600
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • 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
  • Tier-city: means an incorporated community within a consolidated county that (i) has within defined boundaries a population of 5,000 or more, (ii) has been designated as a tier-city by the General Assembly, and (iii) has both the powers of a town and such additional powers as may be granted tier-cities by the General Assembly. See Virginia Code 1-252
  • Tobacco Assets: means all right, title, and interest in and to the portion of the Commission Allocation that may be sold to the Corporation. See Virginia Code 3.2-3100
  • 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
  • Transferor: means a person who creates a custodial trust by transfer or declaration. See Virginia Code 64.2-900
  • 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
  • Tributyltin compounds: means any compound having three normal butyl groups attached to a tin atom and with or without an anion such as chloride, fluoride or oxide. See Virginia Code 3.2-3935
  • Trust: means (i) an express trust, charitable or noncharitable, with additions thereto, whenever and however created; and (ii) a trust created pursuant to a statute, judgment, or decree, that requires the trust to be administered in the manner of an express trust. See Virginia Code 64.2-2600
  • Trust company: means a financial institution, corporation, or other legal entity authorized to exercise general trust powers. See Virginia Code 64.2-900
  • Trustee: means a trustee under a probated will or an inter vivos trust instrument. See Virginia Code 64.2-100
  • 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
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Uniformly mass-produced devices: includes any devices made by means of a mold or die, and not susceptible to individual adjustment. See Virginia Code 3.2-5609
  • Unreasonable adverse effects on the environment: means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide. See Virginia Code 3.2-3900
  • 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
  • Value engineering: means a systematic process of review and analysis of a project by a team of appropriate professionals licensed in accordance with Chapter 4 of Title 54. See Virginia Code 2.2-1515
  • 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
  • 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
  • Veteran: means an individual who has served in the active military, naval, or air service and who was discharged or released therefrom under conditions other than dishonorable. See Virginia Code 2.2-2000.1
  • Virginia Register of Regulations: means the publication issued under the provisions of Article 6 (§ 2. See Virginia Code 2.2-4001
  • Virginia Regulatory Town Hall: means the website operated by the Department of Planning and Budget, which has online public comment forums and displays information about regulatory actions under consideration in the Commonwealth and sends this information to registered public users. See Virginia Code 2.2-4001
  • voting security: means a security that (i) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the business or (ii) is convertible into, or entitles the holder to receive, upon its exercise, a security that confers such a right to vote. See Virginia Code 2.2-4301
  • Wages: means any compensation, as such term is defined in § 219(f)(1) of the Internal Revenue Code, that is paid to an eligible employee by his employer during the calendar year. See Virginia Code 2.2-2744
  • Weighmaster: means the person responsible for weighing livestock that will be offered for sale, based on his weight determination. See Virginia Code 3.2-5600
  • Weight: means the net weight when used in connection with this chapter. See Virginia Code 3.2-5600
  • Weights and measures: means all weights and measures of every kind, including instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices. See Virginia Code 3.2-5600
  • Wine: includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of 21 percent by volume. See Virginia Code 4.1-100
  • With or without meals: means the selling and serving of alcoholic beverages by retail licensees for on-premises consumption whether or not accompanied by food so long as the total food-beverage ratio required by § 4. See Virginia Code 4.1-100
  • work of art: means all paintings, mural decorations, stained glass, statues, bas-reliefs, tablets, sculptures, monuments, fountains, arches or other structure of a permanent character intended for ornament or commemoration. See Virginia Code 2.2-2401