Terms Used In Virginia Code > Title 8.7 > Part 3 - Bills of Lading: Special Provisions

• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Affiliate: means with respect to any person, any other person directly or indirectly controlling, controlled by, or under common control with such person. See Virginia Code 58.1-439.18
• 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
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: as used in this subtitle , shall include an assessment made pursuant to notice by the Department of Taxation and self-assessments made by a taxpayer upon the filing of a return or otherwise not pursuant to notice. See Virginia Code 58.1-1820
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authority: means the Virginia Housing Development Authority, or its successor agency. See Virginia Code 58.1-439.29
• 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.
• Bailee: means the person who by a warehouse receipt, bill of lading or other document acknowledges possession of goods and contracts to deliver them. See Virginia Code 8.7-102
• 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
• Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Business firm: means any corporation, partnership, electing small business (Subchapter S) corporation, limited liability company, or sole proprietorship authorized to do business in this Commonwealth subject to tax imposed by Articles 2 (§ 58. See Virginia Code 58.1-439.18
• Carrier: means a person that issues a bill of lading. See Virginia Code 8.7-102
• 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
• 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
• Commission: means the State Corporation Commission. See Virginia Code 6.2-100
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consignee: means the person named in a bill to whom or to whose order the bill promises delivery. See Virginia Code 8.7-102
• Consignor: means the person named in a bill as the person from whom the goods have been received for shipment. See Virginia Code 8.7-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
• Credit period: means the credit period as defined in § 42(f)(1) of the Internal Revenue Code, as amended. See Virginia Code 58.1-439.29
• Dependent: A person dependent for support upon another.
• Document: means document of title as defined in the general definitions in Title 8. See Virginia Code 8.7-102
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Education: means any type of scholastic instruction or scholastic assistance to a low-income person or an eligible student with a disability. See Virginia Code 58.1-439.18
• Eligibility certificate: means a certificate issued by the Authority to the owner of a qualified project certifying that such project qualifies for the Virginia housing opportunity tax credit authorized by this article, and specifying the amount of housing opportunity tax credits that the owner of such qualified project may claim in each year of the credit period. See Virginia Code 58.1-439.29
• Eligible pre-kindergarten child: means a child who is (i) a resident of Virginia; (ii) an at-risk four-year-old unable to obtain services through Head Start or Virginia Preschool Initiative programs; and (iii) enrolled in, eligible to attend, or attending a nonpublic pre-kindergarten program and whose family (a) does not have an annual household income in excess of 300 percent of the current poverty guidelines or 400 percent of such guidelines in cases in which an individualized education program has been written and finalized for the child in accordance with the federal Individuals with Disabilities Education Act (IDEA), regulations promulgated pursuant to IDEA, and regulations of the Board of Education; (b) is homeless as defined in 42 U. See Virginia Code 58.1-439.25
• Eligible student with a disability: means a student (i) for whom an individualized educational program has been written and finalized in accordance with the federal Individuals with Disabilities Education Act (IDEA), regulations promulgated pursuant to IDEA, and regulations of the Board of Education and (ii) whose family's annual household income is not in excess of 400 percent of the current poverty guidelines. See Virginia Code 58.1-439.18
• Eligible student with a disability: means a child who is a resident of Virginia for whom an Individualized Education Plan (IEP) has been written and finalized in accordance with the federal Individuals with Disabilities Education Act (IDEA), regulations promulgated pursuant to IDEA, and regulations of the Board of Education. See Virginia Code 58.1-439.25
• En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
• 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}
• Federal low-income housing tax credit: means the federal tax credit as provided in § 42 of the Internal Revenue Code, as amended. See Virginia Code 58.1-439.29
• 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
• Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Virginia Code 8.7-102
• Goods: means all things that are treated as movable for the purposes of a contract of storage or transportation. See Virginia Code 8.7-102
• Governing body: means the board of supervisors of a county, council of a city, or council of a town, as the context may require. See Virginia Code 15.2-102
• 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
• Housing assistance: means furnishing financial assistance, labor, material, or technical advice to aid the physical improvement of the homes of low-income persons. See Virginia Code 58.1-439.18
• 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
• Issuer: means a bailee who issues a document except that in relation to an unaccepted delivery order it means the person who orders the possessor of goods to deliver. See Virginia Code 8.7-102
• Job training: means any type of instruction to an individual who is a low-income person that enables him to acquire vocational skills so that he can become employable or able to seek a higher grade of employment. See Virginia Code 58.1-439.18
• 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
• Label: means a display of written, printed, or graphic matter upon any article or the immediate container (not including package liners) of any article. See Virginia Code 3.2-5400
• 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 and other written, printed, or graphic matter: (i) upon any article or any of its containers or wrappers; or (ii) accompanying such article. See Virginia Code 3.2-5400
• Licensee: means a person to whom a license has been issued under this chapter. See Virginia Code 6.2-1800
• Livestock: means any cattle, sheep, swine, goats, horses, mules, or other equines, whether live or dead. See Virginia Code 3.2-5400
• Low-income person: means an individual whose family's annual household income is not in excess of 300 percent of the current poverty guidelines. See Virginia Code 58.1-439.18
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Motorboat: means any vessel propelled by machinery whether or not the machinery is the principal source of propulsion. See Virginia Code 29.1-700
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Neighborhood assistance: means providing community services, education, housing assistance, or job training. See Virginia Code 58.1-439.18
• Neighborhood organization: means any local, regional or statewide organization whose primary function is providing neighborhood assistance and holding a ruling from the Internal Revenue Service of the United States Department of the Treasury that the organization is exempt from income taxation under the provisions of §§ 501(c)(3) and 501(c)(4) of the Internal Revenue Code of 1986, as amended from time to time, or any organization defined as a community action agency in the Economic Opportunity Act of 1964 (42 U. See Virginia Code 58.1-439.18
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonpublic pre-kindergarten program: means a pre-kindergarten program that is not operated, directly or indirectly, by a federal, state, or local government entity and that is (i) a preschool program designed for child development and kindergarten preparation that complies with nonpublic school accreditation requirements administered by the Virginia Council for Private Education pursuant to § 22. See Virginia Code 58.1-439.25
• Official inspection legend: means any symbol prescribed by regulations of the Board showing that an article was inspected and passed in accordance with this article. See Virginia Code 3.2-5400
• Operate: means to navigate or otherwise control the movement of a motorboat or a vessel. See Virginia Code 29.1-700
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Owner: means a person, other than a lien holder, having the property in or title to a motorboat. See Virginia Code 29.1-700
• 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
• Plan: means the Wildlife Corridor Action Plan established pursuant to this article. See Virginia Code 29.1-578
• 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.
• Poultry: means any domesticated bird, whether live or dead. See Virginia Code 3.2-5400
• Poverty guidelines: means the poverty guidelines for the 48 contiguous states and the District of Columbia updated annually in the Federal Register by the U. See Virginia Code 58.1-439.18
• Poverty guidelines: means the poverty guidelines for the 48 contiguous states and the District of Columbia updated annually in the Federal Register by the U. See Virginia Code 58.1-439.25
• 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.
• Prepared: means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. See Virginia Code 3.2-5400
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Professional services: means any type of personal service to the public that requires as a condition precedent to the rendering of such service the obtaining of a license or other legal authorization and shall include, but shall not be limited to, the personal services rendered by medical doctors, dentists, architects, professional engineers, certified public accountants, attorneys-at-law, and veterinarians. See Virginia Code 58.1-439.18
• Public assistance and social services programs: means those programs specified in § 63. See Virginia Code 2.2-4001
• Qualified educational expenses: means school-related tuition and instructional fees and materials, including textbooks, workbooks, and supplies used solely for school-related work. See Virginia Code 58.1-439.25
• Qualified project: means a qualified low-income building, as defined in § 42(c) of the Internal Revenue Code, as amended, that is located in Virginia, is placed in service on or after January 1, 2021, and is issued an eligibility certificate. See Virginia Code 58.1-439.29
• Qualified taxpayer: means a taxpayer owning an interest, direct or indirect, through one or more pass-through entities, in a qualified project at any time prior to filing a tax return claiming a housing opportunity tax credit. See Virginia Code 58.1-439.29
• real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Virginia Code 8.7-102
• 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}
• Registrant: means the person registering any pesticide pursuant to the provisions of this chapter. See Virginia Code 3.2-3900
• 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
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Render: means any person engaged in the business of rendering livestock or poultry carcasses, or parts of products of such carcasses, except rendering conducted under inspection or exemption under this article. See Virginia Code 3.2-5400
• 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
• Scholarship foundation: means a nonstock, nonprofit corporation that is (i) exempt from taxation under § 501(c)(3) of the Internal Revenue Code of 1954, as amended or renumbered; (ii) approved by the Department of Education in accordance with the provisions of § 58. See Virginia Code 58.1-439.25
• Scholastic assistance: means (i) counseling or supportive services to elementary school, middle school, secondary school, or postsecondary school students or their parents in developing a postsecondary academic or vocational education plan, including college financing options for such students or their parents, or (ii) scholarships. See Virginia Code 58.1-439.18
• Shipper: means a person that enters into a contract of transportation with a carrier. See Virginia Code 8.7-102
• Student: means a child who is a resident of Virginia and (i) in the current school year has enrolled and attended a public school in the Commonwealth for at least one-half of the year, (ii) for the school year that immediately preceded his receipt of a scholarship foundation scholarship was enrolled and attended a public school in the Commonwealth for at least one-half of the year, (iii) is a prior recipient of a scholarship foundation scholarship, (iv) is eligible to enter kindergarten or eligible to enter first grade, or (v) for the school year that immediately preceded his receipt of a scholarship foundation scholarship was domiciled in a state other than the Commonwealth and did not attend a nonpublic school in the Commonwealth for more than one-half of the school year. See Virginia Code 58.1-439.25
• 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: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• tax credit: means the tax credit created by this article. See Virginia Code 58.1-439.29
• Taxpayer: includes every person, corporation, partnership, organization, trust or estate subject to taxation under the laws of this Commonwealth, or under the ordinances, resolutions or orders of any county, city, town or other political subdivision of this Commonwealth. See Virginia Code 58.1-1
• Taxpayer: means an individual, corporation, S corporation, partnership, limited partnership, limited liability partnership, limited liability company, joint venture, or nonprofit organization. See Virginia Code 58.1-439.29
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• 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
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Virginia Code 29.1-700
• Virginia Quality: means a quality rating and improvement system for early childhood programs administered in partnership between the Virginia Early Childhood Foundation and the Office of Early Childhood Development of the Department of Social Services. See Virginia Code 58.1-439.25
• Virginia tax liability: means the income taxes imposed by Articles 2 (§ 58. See Virginia Code 58.1-439.29
• Wildlife corridor: means an area connecting fragmented wildlife habitats separated by human activities or infrastructure. See Virginia Code 29.1-578