Title of Regulation: 2VAC5-380. Rules and Regulations for the Enforcement of the Virginia Dealers in Agricultural Products Law (amending 2VAC5-380-10, 2VAC5-380-60).

Statutory Authority: § 3.2-109 of the Code of Virginia.

Effective Date: March 4, 2009.

Agency Contact: Robert E. Bailey, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1274, FAX (804) 786-1571, TTY (800) 828-1120, or email robert.bailey@vdacs.virginia.gov.

Summary:

The amendments update citations to reflect the recodification of Title 3.1 to Title 3.2 of the Code of Virginia, which became effective October 1, 2008.

2VAC5-380-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meaning, meanings unless the context clearly indicates otherwise:

"Buyer or shipper" means a dealer who purchases any agricultural product from a producer, and who takes possession at the buyer's or the producer's place of business at an agreed price without conditions or contingencies.

"Conditional buyer" means a dealer who purchases any agricultural product from a producer by quoting a fixed net price or fixed gross price less handling charges. The purchase is conditioned upon the arrival of the product at the first point of delivery in the grade specified at the time of purchase. (Grade shall include size, quality, and soundness.)

"Department" means the Virginia Department of Agriculture and Consumer Services.

"Grower's agent or broker" means a dealer who negotiates the sale of agricultural produce on behalf of the producer according to the terms of an agreement between the parties. Written agreements are recommended but not required.

"Handling for the account of" means a dealer who accepts agricultural products from a producer to be sold directly to a specific and identified purchaser, exclusive of intermediate dealers, agents or brokers, for which the dealer charges a fixed percentage commission on gross returns, or a fixed fee per unit of product, with or without additional charges such as grading, packing, etc.

"Virginia Agricultural Products Dealers Licensing and Bonding Law" means Article 3 Chapter 47 (§ 3.1-722.1 3.2-4738 et seq.) of Chapter 26 of Title 3.1 3.2 of the Code of Virginia.

2VAC5-380-60. Filing of contracts.

Copies of all contracts made pursuant to § 3.1-722.14 3.2-4745 of the Code of Virginia shall be filed with the Office of Product Regulation, Virginia Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, Virginia 23209.