Virginia Code > Title 2.2 > Subtitle I > Part E > Chapter 28 – General Provisions
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Terms Used In Virginia Code > Title 2.2 > Subtitle I > Part E > Chapter 28 - General Provisions
- Acceptable release rate: means a measured release rate not to exceed 4. See Virginia Code 3.2-3935
- 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 a person 18 years of age or more. See Virginia Code 1-203
- 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
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- 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
- Allocable share: means Allocable Share as that term is defined in the Master Settlement Agreement. See Virginia Code 3.2-4200
- 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.
- 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.
- Apiary: means any place where one or more colonies of bees are kept. See Virginia Code 3.2-4400
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Arrest: Taking physical custody of a person by lawful authority.
- Asbestos: means any material containing more than one percent of the asbestiform varieties of:
1. See Virginia Code 2.2-1162
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Authority: means any political subdivision, a body politic and corporate, created, organized, and operated pursuant to the provisions of this chapter or, if such Authority is abolished, the board, body, authority, department, or officer succeeding to the principal functions thereof or to whom the powers given by this chapter are given by law. See Virginia Code 15.2-5369
- Authority: means a political subdivision and a body politic and corporate created, organized and existing pursuant to the provisions of this chapter, or if the authority is abolished, the board, body, commission, department or officer succeeding to the principal functions thereof or to whom the powers given by this chapter shall be given by law. See Virginia Code 15.2-5402
- Authority: means an authority created under the provisions of this chapter or, if any such authority has been abolished, the entity succeeding to the principal functions thereof. See Virginia Code 15.2-5431.2
- Authority: means any the Heart of Appalachia Tourism Authority created, organized and operated pursuant to the provisions of this chapter, or if such Authority is abolished, the board, body, commission, department or officer succeeding to the principal functions thereof or to whom the powers given by this chapter are given by law. See Virginia Code 15.2-5501
- Authority: means any political subdivision, a body politic and corporate, created, organized and operated pursuant to the provisions of this chapter, or if such Authority is abolished, the board, body, commission, department or officer succeeding to the principal functions thereof or to whom the powers given by this chapter are given by law. See Virginia Code 15.2-5509
- Authority: means an authority created under the provisions of § Virginia Code 15.2-5601
- Authority: means an authority created under the provisions of § Virginia Code 15.2-5701
- 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.
- Bee: means the honeybee, Apis mellifera and genetic variations thereof, at any living stage; and may include other hymenopterous insects that depend on pollen and nectar for food. See Virginia Code 3.2-4400
- Bee diseases: means departures from a sound state of health of bees characterized by visible symptoms including American foulbrood and any other diseases, insects, mites, or bee pests. See Virginia Code 3.2-4400
- Bee equipment: means hives and hive parts including frames, supers, covers, bottom boards, and beekeeping apparel. See Virginia Code 3.2-4400
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Bequest: Property gifted by will.
- 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
- Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
- Board of supervisors: means the governing body of a county. See Virginia Code 15.2-102
- Bond: includes any interest bearing obligation, including promissory notes. See Virginia Code 15.2-5369
- 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
- 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
- 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 of health: means a state-of-origin document prepared and signed by the State Apiarist or other authorized person declaring the bees, bee equipment, appliances, apiaries, and honey houses to be free of bee diseases. See Virginia Code 3.2-4400
- 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.
- 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
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- 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.
- Code designation: means an identification assigned by the U. See Virginia Code 3.2-4000
- Collegial body: means a governmental entity whose power or authority is vested within its membership. See Virginia Code 1-209
- Colony: means a queenright assemblage of social bees capable of reproducing. See Virginia Code 3.2-4400
- 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
- Commissioner: means the State Health Commissioner. See Virginia Code 15.2-5369
- Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
- Commissioner: means the Tax Commissioner of the Department of Taxation. See Virginia Code 3.2-4204
- 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.
- Compensation: means any amount paid in addition to reimbursement for expenses. See Virginia Code 2.2-2813
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- 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: A legal written agreement that becomes binding when signed.
- Contract rental: means a contract for the use of motor vehicles by employees for official state business within the confines of their normal work locations. See Virginia Code 2.2-1173
- Controlled conditions: means minimum seed stock standards established by regulation. See Virginia Code 3.2-4000
- Conviction: A judgement of guilt against a criminal defendant.
- Cooperative agreement: means an agreement among two or more hospitals for the sharing, allocation, consolidation by merger or other combination of assets, or referral of patients, personnel, instructional programs, support services, and facilities or medical, diagnostic, or laboratory facilities or procedures or other services traditionally offered by hospitals. See Virginia Code 15.2-5369
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Cost: means , as applied to any project, all or any part of the cost of acquisition, construction, alteration, enlargement, reconstruction and remodeling of a project or portion thereof, including the cost of the acquisition of all land, rights-of-way, property, rights, easements and interests acquired by the authority for such construction, additions or expansion, the cost of demolishing or removing any building or structure on land so acquired, including the cost of acquiring any lands to which such building or structures may be removed, the cost of all labor, materials, machinery and equipment, financing charges, insurance, interest on all bonds prior to and during such construction, and during the construction of any addition or expansion, and if deemed advisable by the authority, for a period not exceeding one year after completion of such construction, addition or expansion, reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations and improvements, provisions for working capital, the cost of surveys, engineering and architectural expenses, borings, plans and specifications and other engineering and architectural services, legal expenses, studies, estimates of cost and revenues, administrative expenses and such other expenses as may be necessary or incident to the construction of the project, and of such subsequent additions thereto or expansion thereof, the cost of financing such construction, additions or expansion and placing the project and such additions or expansion in operation. See Virginia Code 15.2-5601
- cost of a project: means , but shall not be limited to, the cost of acquisition, construction, reconstruction, improvement, enlargement, betterment or extension of any project, including the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto, the cost of labor and materials; the cost of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications for and securing the same; administrative, legal, engineering and inspection expenses; financing fees, expenses and costs; working capital; costs of fuel and of fuel supply resources and related facilities; interest on bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing authority; establishment of reserves; and all other expenditures of the issuing authority incidental, necessary or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment or extension of any project and the placing of the project in operation. See Virginia Code 15.2-5402
- cost of a project: means , but shall not be limited to, the cost of acquisition, construction, reconstruction, improvement, enlargement, betterment or extension of any project, including the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto, the cost of labor and materials; the cost of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications for and securing the same; administrative, legal, engineering and inspection expenses; financing fees, expenses and costs; working capital; interest on bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing authority; establishment of reserves; and all other expenditures of the issuing authority incidental, necessary or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment or extension of any project and the placing of the project in operation. See Virginia Code 15.2-5431.2
- Counterclaim: A claim that a defendant makes against a plaintiff.
- County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decedent: A deceased person.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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
- Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
- 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
- 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
- Devise: To gift property by will.
- 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
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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
- Docket: A log containing brief entries of court proceedings.
- 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
- Edible hemp product: means any hemp product that is or includes an industrial hemp extract, as defined in § 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
- 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
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Expenses: means all reasonable and necessary expenses incurred in the performance of duties. See Virginia Code 2.2-2813
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- 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: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
- Federal agency: means the United States of America and any department, bureau, agency or instrumentality thereof. See Virginia Code 15.2-5601
- Federally licensed hemp producer: means a person who holds a hemp producer license issued by the U. See Virginia Code 3.2-4112
- Fiduciary: A trustee, executor, or administrator.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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
- 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
- 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
- Fraud: Intentional deception resulting in injury to another.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- 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
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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
- Governing body: means the board or body in which the general legislative powers of the municipality are vested. See Virginia Code 15.2-5509
- Governmental unit: means any incorporated city or town in the Commonwealth owning on January 1, 1979, a system or facilities for the generation, transmission or distribution of electric power and energy for public and private uses and engaged in the generation or retail distribution of electricity; any incorporated city in the Commonwealth which on January 1, 1979, has a population of 200,000 or more; or any county or incorporated city or town in the Commonwealth which after January 1, 1979, is authorized to participate in an authority pursuant to an act of the General Assembly. See Virginia Code 15.2-5402
- Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
- Grain: means corn (maize), wheat, rye, oats, barley, flaxseed, soybeans, and such other grains as the usages of the trade may warrant and permit. See Virginia Code 3.2-4322
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Grantor: The person who establishes a trust and places property into it.
- 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 § 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: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Guarantor: means the person whose name appears on the label. See Virginia Code 3.2-4000
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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 § Virginia Code 3.2-4112
- Handler: means a person who buys grain for resale as grain or grain products. See Virginia Code 3.2-4322
- 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
- 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
- Hive: means a box, skep, barrel, log gum, or other container used as a domicile for bees. See Virginia Code 3.2-4400
- Hospital: includes any health center and health provider under common ownership with the hospital and means any and all providers of dental, medical, and mental health services, including all related facilities and approaches thereto and appurtenances thereof. See Virginia Code 15.2-5369
- 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
- in bulk: means loose seed in bins or other containers, but not bags or packets. See Virginia Code 3.2-4000
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
- 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
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- 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
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
- 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
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lease: means a contract for the use of a passenger-type vehicle for a term of more than thirty days. See Virginia Code 2.2-1173
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
- 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
- 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
- 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
- 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
- Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Municipality: means any county or incorporated city or town in the West Piedmont or Southside Planning District Commission with respect to which an Authority may be organized and in which it is contemplated the Authority will function. See Virginia Code 15.2-5509
- 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.
- Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Virginia Code 3.2-4204
- 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
- Oath: A promise to tell the truth.
- Oath: includes affirmation. See Virginia Code 1-228
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Origin: means the state, territory, foreign country, or designated portion thereof, where the seed was grown. See Virginia Code 3.2-4000
- Oversight: Committee review of the activities of a Federal agency or program.
- Park: means public parks and recreation areas as the terms are generally used. See Virginia Code 15.2-5701
- Participating locality: means any county or city in the LENOWISCO or Cumberland Plateau Planning District Commissions and the Counties of Smyth and Washington and the City of Bristol with respect to which an authority may be organized and in which it is contemplated that the Authority will function. See Virginia Code 15.2-5369
- Participating locality: means any county or city in the LENOWISCO or Cumberland Plateau Planning District Commissions with respect to which an authority may be organized and in which it is contemplated the Authority will function. See Virginia Code 15.2-5501
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Person: means the term as defined in § 1-230. See Virginia Code 3.2-4400
- person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See Virginia Code 3.2-4200
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Personal property: All property that is not real property.
- 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 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
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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.
- 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.
- 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
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means to convert industrial hemp into a hemp product. See Virginia Code 3.2-4112
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- 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 § Virginia Code 3.2-4112
- 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
- Project: means any system of facilities for the generation, transmission, transformation, supply, or distribution of electric power and energy by any means whatsoever, including fuel and fuel supply resources and other related facilities, any interest therein and any right to output, capacity or services thereof, but does not include facilities for the distribution of electric energy for retail sale unless the facilities are owned by an authority created by a governmental unit that is exempt from the referendum requirement of § Virginia Code 15.2-5402
- Project: means any system of facilities for provision of qualifying communications services as authorized by Article 5. See Virginia Code 15.2-5431.2
- projects: means any one or more of the following: auditorium, theater, concert or entertainment hall, coliseum, convention center, arena, field house, stadium, fairground, campground, land conservation project, including but not limited to the holding of conservation easements, sports facilities, including racetracks, amusement park or center, garden, park, zoo and museum, as such terms are generally used, and parking, transportation, utility and restaurant facilities and concessions in connection with any of the foregoing, including any and all buildings, structures, approaches, roadways, and other facilities and appurtenances thereto which the authority may deem necessary or desirable, together with all property, rights, easements and interests which may be acquired by the authority for the construction, improvement and operation of any of the foregoing. See Virginia Code 15.2-5601
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- 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 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
- 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
- Quorum: The number of legislators that must be present to do business.
- 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.
- Recess: A temporary interruption of the legislative business.
- 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
- Regulated hemp product: means a hemp product intended for smoking or an edible hemp product. See Virginia Code 3.2-4112
- 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.
- 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.
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- 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
- revenue bonds: means bonds, notes and other evidences of indebtedness of an authority issued by the authority pursuant to the provisions of this chapter. See Virginia Code 15.2-5402
- revenue bonds: include notes, bonds, bond anticipation notes, and other obligations of an authority for the payment of money. See Virginia Code 15.2-5431.2
- 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
- Salary: means a fixed compensation for services, paid to part-time and full-time employees on a regular basis. See Virginia Code 2.2-2813
- 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
- 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
- Secretary: means the Secretary of Administration. See Virginia Code 2.2-1162
- Serious violation: means a violation of this chapter or regulation adopted hereunder that results in a substantial probability of death or serious physical harm to persons, serious harm to property, or serious harm to the environment unless the person or licensee did not or could not with the exercise of reasonable diligence know of the violation. See Virginia Code 3.2-3900
- Service of process: The service of writs or summonses to the appropriate party.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Stamping agent: means (i) a person who is authorized by the Tax Commissioner pursuant to § Virginia Code 3.2-4204
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- state agency: means the same as that term is defined in § Virginia Code 1-206
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Summons: Another word for subpoena used by the criminal justice system.
- Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
- sworn: means "affirm" or "affirmed. See Virginia Code 1-250
- Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- 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
- 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
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- 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
- Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July one, nineteen hundred seventy-one, 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 15.2-102
- 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
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- 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 account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Trustee: A person or institution holding and administering property in trust.
- Turf: means the same as that term is defined in § 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
- Unit: means any governmental unit; any electric authority; any investor-owned electric power company; any electric cooperative association or corporation; the Commonwealth or any other state; or any department, institution, commission, public instrumentality or political subdivision of the Commonwealth, any other state, or the United States. See Virginia Code 15.2-5402
- United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
- Units sold: means the number of individual cigarettes sold in the Commonwealth by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer or similar intermediary or intermediaries, during the year in question, as measured by excise taxes collected by the Commonwealth on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the Commonwealth. See Virginia Code 3.2-4200
- 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
- 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
- Venue: The geographical location in which a case is tried.
- Verdict: The decision of a petit jury or a judge.
- 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