Terms Used In Virginia Code > Title 8.2 > Part 6 - Breach, Repudiation and Excuse

• Adequate space: means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. See Virginia Code 3.2-6500
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adoption: means the transfer of ownership of a dog or a cat, or any other companion animal, from a releasing agency to an individual. See Virginia Code 3.2-6500
• Advisory Board: means the Litter Control and Recycling Fund Advisory Board. See Virginia Code 10.1-1414
• Affiliate: means a person related to a licensee by common ownership or control, or any employee or agent of a licensee. See Virginia Code 6.2-2200
• Agricultural animals: means all livestock and poultry. See Virginia Code 3.2-6500
• Allegation: something that someone says happened.
• Animal: means any nonhuman vertebrate species except fish. See Virginia Code 3.2-6500
• Animal control officer: means a person appointed as an animal control officer or deputy animal control officer as provided in § 3. See Virginia Code 3.2-6500
• Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}
• Arrest: Taking physical custody of a person by lawful authority.
• Beneficial use: means a use that is of benefit as a substitute for natural or commercial products and does not contribute to adverse effects on health or the environment. See Virginia Code 10.1-1414
• Beneficiation facility: means a facility that uses methods including sorting by color, removal of contaminants, crushing, grinding, screening, grading, and monitoring of size and quality to produce clean, crushed glass cullet that satisfies the specifications of the end user of the cullet, including a manufacturer of glass containers or fiberglass. See Virginia Code 10.1-1414
• Board: means the Virginia Waste Management Board. See Virginia Code 10.1-1400
• Boarding establishment: means a place or establishment other than a public or private animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in exchange for a fee. See Virginia Code 3.2-6500
• broker: means a person that, for compensation or the expectation of compensation, obtains or offers to obtain sales-based financing from a provider for a recipient. See Virginia Code 6.2-2228
• Buyer: means a person who buys or contracts to buy goods. See Virginia Code 8.2-103
• care: means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of health. See Virginia Code 3.2-6500
• Chief: means the Chief of the Division of Mines of the Department of Energy. See Virginia Code 45.2-100
• Collar: means a well-fitted device, appropriate to the age and size of the animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal. See Virginia Code 3.2-6500
• Commission: means the State Corporation Commission. See Virginia Code 13.1-559
• Commissioner: means the Commissioner of Financial Institutions. See Virginia Code 6.2-100
• Companion animal: means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. See Virginia Code 3.2-6500
• Company: means a bank, trust company, or other entity conducting the business of renting safe deposit boxes. See Virginia Code 6.2-2300
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Controlling person: means a natural person who is an officer, director, or partner, or who occupies a similar status or performs a similar function, of a franchisor organized as a corporation, partnership, or other entity, or any person who possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of a franchisor, whether through the ownership of voting securities, by contract, or otherwise. See Virginia Code 13.1-559
• Conviction: A judgement of guilt against a criminal defendant.
• Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
• Dealer: means any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges, or barters companion animals. See Virginia Code 3.2-6500
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-1400
• Department: means the Department of Education. See Virginia Code 22.1-1
• Dependent: A person dependent for support upon another.
• Direct and immediate threat: means any clear and imminent danger to an animal's health, safety or life. See Virginia Code 3.2-6500
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-1400
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Virginia Code 10.1-1400
• Division superintendent: means the division superintendent of schools of a school division. See Virginia Code 22.1-1
• Docket: A log containing brief entries of court proceedings.
• Elementary: includes kindergarten. See Virginia Code 22.1-1
• Enclosure: means a structure used to house or restrict animals from running at large. See Virginia Code 3.2-6500
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Euthanasia: means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent that causes painless loss of consciousness, and death during such loss of consciousness. See Virginia Code 3.2-6500
• exercise: means the opportunity for the animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal. See Virginia Code 3.2-6500
• Facility: means a building or portion thereof as designated by the State Veterinarian, other than a private residential dwelling and its surrounding grounds, that is used to contain a primary enclosure or enclosures in which animals are housed or kept. See Virginia Code 3.2-6500
• Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. ^{Source: OCC}
• Financial institution: means any bank, trust company, savings institution, industrial loan association, consumer finance company, or credit union. See Virginia Code 6.2-100
• Foster care provider: means a person who provides care or rehabilitation for companion animals through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization. See Virginia Code 3.2-6500
• Foster home: means a private residential dwelling and its surrounding grounds, or any facility other than a public or private animal shelter, at which site through an affiliation with a public or private animal shelter, home-based rescue, releasing agency, or other animal welfare organization care or rehabilitation is provided for companion animals. See Virginia Code 3.2-6500
• Franchise: means a written contract or agreement between two or more persons, by which:

  1. See Virginia Code 13.1-559

• Franchisee: means a person to whom a franchise is granted or sold. See Virginia Code 13.1-559
• Franchisor: means a person, including a subfranchisor, who grants or sells, or offers to grant or sell, a franchise. See Virginia Code 13.1-559
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Litter Control and Recycling Fund. See Virginia Code 10.1-1414
• Groomer: means any person who, for a fee, cleans, trims, brushes, makes neat, manicures, or treats for external parasites any animal. See Virginia Code 3.2-6500
• Humane: means any action taken in consideration of and with the intent to provide for the animal's health and well-being. See Virginia Code 3.2-6500
• Humane investigator: means a person who has been appointed by a circuit court as a humane investigator as provided in § 3. See Virginia Code 3.2-6500
• Humane society: means any incorporated, nonprofit organization that is organized for the purposes of preventing cruelty to animals and promoting humane care and treatment or adoptions of animals. See Virginia Code 3.2-6500
• Incorporated: means organized and maintained as a legal entity in the Commonwealth. See Virginia Code 3.2-6500
• Interest: means all charges payable directly or indirectly by a borrower to a licensee as a condition to a loan, including fees, service charges, and renewal charges, and any ancillary product sold in connection with a loan, but does not include the monthly maintenance fees, deposit item return fees, late charges, or reasonable costs of repossession and sale authorized under § 6. See Virginia Code 6.2-2200
• Kennel: means any establishment in which five or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing. See Virginia Code 3.2-6500
• Law-enforcement officer: means any person who is a full-time or part-time employee of a police department or sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth. See Virginia Code 3.2-6500
• 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.
• Lessee: means the person renting a box from a company. See Virginia Code 6.2-2300
• Licensee: means a person to whom a license has been issued under this chapter. See Virginia Code 6.2-2200
• Litter: means all waste material disposable packages or containers but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. See Virginia Code 10.1-1414
• Livestock: includes all domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama or Vicugna; ratites; fish or shellfish in aquaculture facilities, as defined in § 3. See Virginia Code 3.2-6500
• loan agreement: means a written document that sets out the terms and conditions under which a licensee agrees to make a motor vehicle title loan to a borrower, and the borrower agrees to give to the licensee a security interest in a motor vehicle owned by the borrower to secure repayment of the motor vehicle title loan and performance of the other obligations under the loan agreement. See Virginia Code 6.2-2200
• Loan amount: means the principal amount of a loan exclusive of fees or charges. See Virginia Code 6.2-2200
• local governing body: means the board of supervisors of a county, council of a city, or council of a town, responsible for appropriating funds for such locality, as the context may require. See Virginia Code 22.1-1
• Missing child: means any person who is under the age of 21 years, whose temporary or permanent residence is in Virginia, or is believed to be in Virginia, whose whereabouts are unknown to any parent, guardian, legal custodian or other person standing in loco parentis of the child, and who has been reported as missing to a law-enforcement agency within the Commonwealth. See Virginia Code 52-32
• Motor vehicle: means an automobile, motorcycle, mobile home, truck, van, or other vehicle operated on public highways and streets. See Virginia Code 6.2-2200
• New owner: means an individual who is legally competent to enter into a binding agreement pursuant to subdivision B 2 of § 3. See Virginia Code 3.2-6500
• Notary: means notary public. See Virginia Code 1-226
• offer to sell: includes every attempt to offer to dispose of or grant, and every solicitation of an offer to buy, a franchise or an interest in a franchise for value. See Virginia Code 13.1-559
• Office: means the Office of the State Inspector General. See Virginia Code 2.2-307
• Operational expenses: means expenses of the clerk of court used to maintain the clerk's office and includes, but is not limited to, (i) computer support, maintenance, enhancements, upgrades, and replacements and office automation and information technology equipment, including software and conversion services; (ii) preserving, maintaining, and enhancing court records, including, but not limited to, the costs of repairs, maintenance, consulting services, service contracts, redaction of social security numbers from certain records, and system replacements or upgrades; and (iii) improving public access to records maintained by the clerk, including locating technology in an offsite facility for such purposes or for implementation of a disaster recovery plan. See Virginia Code 17.1-295
• Ordinance: means any law, rule, regulation, or ordinance adopted by the governing body of any locality. See Virginia Code 3.2-6500
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. See Virginia Code 3.2-6500
• parents: means any parent, guardian, legal custodian, or other person having control or charge of a child. See Virginia Code 22.1-1
• Person: means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, or other legal or commercial entity. See Virginia Code 6.2-2200
• Person: means any natural person, corporation, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary, or representative or group of individuals or entities of any kind. See Virginia Code 10.1-1414
• Pet shop: means a retail establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public. See Virginia Code 3.2-6500
• Place of business: means a building or portion thereof from which the goods or services authorized by the franchise are sold or offered for sale in person by the franchisee or employees or agents of the franchisee, or a truck or van used in the sale of such goods which is of a type designated by the franchisor and is equipped and marked in conformance with requirements of the franchisor. See Virginia Code 13.1-559
• Poultry: includes all domestic fowl and game birds raised in captivity. See Virginia Code 3.2-6500
• Preopening obligations: means the franchisor's obligations to provide to the franchisee, prior to the opening of the franchisee's business, real estate, improvements, equipment, inventory, training, or other items to be included in the offering. See Virginia Code 13.1-559
• Principal: means any person who, directly or indirectly, owns or controls (i) 10 percent or more of the outstanding stock of a stock corporation or (ii) a 10 percent or greater interest in any other type of entity. See Virginia Code 6.2-2200
• Private animal shelter: means a facility operated for the purpose of finding permanent adoptive homes for animals that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other similar organization. See Virginia Code 3.2-6500
• Professional corporation: means a corporation whose articles of incorporation set forth a sole and specific purpose permitted by this chapter and that is either (i) organized under this chapter for the sole and specific purpose of rendering professional service other than that of architects, professional engineers, land surveyors, or landscape architects, or using a title other than that of certified interior designers and, except as expressly otherwise permitted by this chapter, that has as its shareholders or members only individuals or professional business entities that are duly licensed or otherwise legally authorized to render the same professional service as the corporation, including the trustees of an eligible employee stock ownership plan or (ii) organized under this chapter for the sole and specific purpose of rendering the professional services of architects, professional engineers, land surveyors, or landscape architects, or using the title of certified interior designers, or any combination thereof, and at least two-thirds of whose shares are held by persons duly licensed within the Commonwealth to perform the services of an architect, professional engineer, land surveyor, or landscape architect, including the trustees of an eligible employee stock ownership plan, or by persons legally authorized within the Commonwealth to use the title of certified interior designer; or (iii) organized under this chapter or under Chapter 10 of Title 54. See Virginia Code 13.1-543
• provider: means a person that extends a specific offer of sales-based financing to a recipient. See Virginia Code 6.2-2228
• Public animal shelter: means a facility operated by the Commonwealth, or any locality, for the purpose of impounding or sheltering seized, stray, homeless, abandoned, unwanted, or surrendered animals or a facility operated for the same purpose under a contract with any locality. See Virginia Code 3.2-6500
• Pyrolysis: means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and converted to crude oil, diesel fuel, gasoline, home heating oil, ethanol, transportation fuel, other fuels, chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other valuable raw, intermediate, or final products that are returned to economic utility in the form of raw materials, products, or fuels. See Virginia Code 10.1-1400
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recipient: means a person whose principal place of business is in the Commonwealth and that applies for sales-based financing and is made a specific offer of sales-based financing by a provider. See Virginia Code 6.2-2228
• 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}
• Recycling: means the process of separating a given waste material from the waste stream and processing it so that it may be used again as a raw material for a product which may or may not be similar to the original product. See Virginia Code 10.1-1414
• Releasing agency: means (i) a public animal shelter or (ii) a private animal shelter, humane society, animal welfare organization, society for the prevention of cruelty to animals, or other similar entity or home-based rescue that releases companion animals for adoption. See Virginia Code 3.2-6500
• Resource recovery: means the recovery of material or energy from solid waste. See Virginia Code 10.1-1400
• safe deposit box: means any safe or box that is available for rent within the vaults of a company. See Virginia Code 6.2-2300
• Sales-based financing: means a transaction that is repaid by the recipient to the provider, over time, as a percentage of sales or revenue, in which the payment amount may increase or decrease according to the volume of sales made or revenue received by the recipient. See Virginia Code 6.2-2228
• School board: means the school board that governs a school division. See Virginia Code 22.1-1
• sell: includes every contract or agreement of sale or grant of, contract to sell, or disposition of a franchise or interest in a franchise for value. See Virginia Code 13.1-559
• Seller: means a person who sells or contracts to sell goods. See Virginia Code 8.2-103
• Sore: means , when referring to an equine, that an irritating or blistering agent has been applied, internally or externally, by a person to any limb or foot of an equine; any burn, cut, or laceration that has been inflicted by a person to any limb or foot of an equine; any tack, nail, screw, or chemical agent that has been injected by a person into or used by a person on any limb or foot of an equine; any other substance or device that has been used by a person on any limb or foot of an equine; or a person has engaged in a practice involving an equine, and as a result of such application, infliction, injection, use, or practice, such equine suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of an equine by or under the supervision of a licensed veterinarian. See Virginia Code 3.2-6500
• Specific offer: means the specific terms of sales-based financing, including price or amount, that are quoted to a recipient, based on information obtained from or about the recipient, which, if accepted by a recipient, shall be binding on the provider, as applicable, subject to any specific requirements stated in such terms. See Virginia Code 6.2-2228
• State Veterinarian: means the veterinarian employed by the Commissioner as provided in § 3. See Virginia Code 3.2-5900
• sterilization: means a surgical or chemical procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing. See Virginia Code 3.2-6500
• Subfranchisor: means a person who is authorized by a franchisor to grant a franchise within a particular geographic region. See Virginia Code 13.1-559
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent: means the Superintendent of Public Instruction. See Virginia Code 22.1-1
• Testify: Answer questions in court.
• title loan: means a loan secured by a non-purchase money security interest in a motor vehicle. See Virginia Code 6.2-2200
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• transportation: means any movement of property and any packing, loading, or unloading or storage incidental thereto. See Virginia Code 10.1-1400
• Treasurer: includes the treasurer and his assistants of each county or city or other officer designated by law to collect taxes in such county or city. See Virginia Code 3.2-6500
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Vehicle: includes every device capable of being moved upon a public highway and in, upon, or by which any person or property may be transported upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks. See Virginia Code 10.1-1414
• Waste: means any solid, hazardous, or radioactive waste as defined in this section. See Virginia Code 10.1-1400
• Waste management: means the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of waste or resource recovery. See Virginia Code 10.1-1400