Terms Used In Virginia Code > Title 3.2 > Subtitle I > Chapter 7 - Tree and Crop Pests

• Agency: means any agency, authority, board, department, division, commission, institution, bureau, or like governmental entity of the Commonwealth or of any unit of local government including counties, cities, towns, regional governments, and the departments thereof, and includes constitutional officers, except as otherwise expressly provided by law. See Virginia Code 2.2-3801
• 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
• 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.
• 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.
• Assistive technology: means any item, piece of equipment or device that enables an individual with a disability to improve his or her independence and quality of life. See Virginia Code 51.5-53
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means the Assistive Technology Loan Fund Authority established pursuant to this chapter. See Virginia Code 51.5-53
• 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 the Virginia Commercial Space Flight Authority. See Virginia Code 2.2-2201
• 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.
• Board: means the Board of Directors of the Assistive Technology Loan Fund Authority. See Virginia Code 51.5-53
• Board: means the board of directors of the Authority. See Virginia Code 2.2-2201
• 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
• Bonds: means notes, bonds, certificates, and other evidence of indebtedness or obligation of the Authority. See Virginia Code 51.5-53
• Bonds: means any bonds, interim certificates, notes, debentures, or other obligations of the authority issued pursuant to this chapter. See Virginia Code 15.2-5301
• case decision: means any agency proceeding or determination that, under laws or regulations at the time, a named party as a matter of past or present fact, or of threatened or contemplated private action, either is, is not, or may or may not be (i) in violation of such law or regulation or (ii) in compliance with any existing requirement for obtaining or retaining a license or other right or benefit. See Virginia Code 2.2-4001
• Certificate: means a document issued or authorized by the Commissioner indicating that a regulated article is not contaminated with a pest. See Virginia Code 3.2-700
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• City: means both cities and counties, and city-specific terms such as "mayor" shall be deemed to also include the equivalent county term. See Virginia Code 15.2-5301
• Commissioner: means the State Health Commissioner. See Virginia Code 15.2-5369
• Commissioner: means one of the members of an authority appointed in accordance with the provisions of this chapter. See Virginia Code 15.2-5301
• Commodity in package form: means any commodity packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive of an auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. See Virginia Code 3.2-5600
• Conduit entity: means an organization described in § 501(c)(3) of the Internal Revenue Code that qualifies as a public charity under § 509(a)(2) or 509(a)(3) of the Internal Revenue Code, and the purposes of which entity allow it to perform the functions and obligations of a conduit entity prescribed in a financing agreement. See Virginia Code 15.2-1815
• Contract: means any agreement of an authority with or for the benefit of an obligee whether contained in a resolution, trust indenture, mortgage, lease, bond or other instrument. See Virginia Code 15.2-5301
• Conveyed property: means real and personal property conveyed by a local government to a conduit or other entity pursuant to a financing agreement. See Virginia Code 15.2-1815
• Council: means the governing body of a city or town. See Virginia Code 15.2-102
• County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
• Court: means any court vested with appropriate jurisdiction under the Constitution and laws of the Commonwealth. See Virginia Code 19.2-5
• Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Data subject: means an individual about whom personal information is indexed or may be located under his name, personal number, or other identifiable particulars, in an information system. See Virginia Code 2.2-3801
• Department: means the Virginia Department of Forensic Science. See Virginia Code 19.2-11.5
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Disseminate: means to release, transfer, or otherwise communicate information orally, in writing, or by electronic means. See Virginia Code 2.2-3801
• Division: means the Division of Consolidated Laboratory Services of the Virginia Department of General Services. See Virginia Code 19.2-11.5
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Federal government: means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See Virginia Code 15.2-5301
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the Assistive Technology Loan Fund established pursuant to this chapter. See Virginia Code 51.5-53
• 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
• gender identity: when used in reference to discrimination in the Code and acts of the General Assembly, means the gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. See Virginia Code 2.2-3901
• 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
• Government: means the Commonwealth and the federal government and any subdivision, agency or instrumentality, corporate or otherwise, of either of them. See Virginia Code 15.2-5301
• Gross weight: means the total weight of the commodity, including any wrapper, and any other material or thing weighed or packed with such commodity, and including the vehicle or vessel containing the commodity. See Virginia Code 3.2-5600
• Guidance document: means the same as that term is defined in § Virginia Code 2.2-4001
• Health care provider: means any hospital, clinic, or other medical facility that provides forensic medical examinations to victims of sexual assault. See Virginia Code 19.2-11.5
• Hearing dog: means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond. See Virginia Code 51.5-40.1
• 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
• hospital authority: means a body corporate organized in accordance with the provisions of this chapter for the purposes, with the powers and subject to the restrictions hereinafter set forth. See Virginia Code 15.2-5301
• Host: means any plant or plant product upon which a pest is dependent for completion of any portion of its life cycle. See Virginia Code 3.2-700
• In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
• Infested: means actually infested or infected with a pest or so exposed to infestation that it would be reasonable to believe that an infestation exists. See Virginia Code 3.2-700
• Information system: means the total components and operations of a record-keeping process, including information collected or managed by means of computer networks and the Internet, whether automated or manual, containing personal information and the name, personal number, or other identifying particulars of a data subject. See Virginia Code 2.2-3801
• Inspector: means a state inspector who is employed and authorized to test, certify, and seal weights and measures. See Virginia Code 3.2-5600
• Lactation: means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast. See Virginia Code 2.2-3901
• Law-enforcement agency: means the state or local law-enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency. See Virginia Code 19.2-11.5
• Licensee: means a consumer finance company to which a license has been issued by the Commission pursuant to this chapter. See Virginia Code 6.2-1500
• Livestock auction market: means any place of business or establishment where, during the regular course of business, cattle, sheep, swine, or other livestock are offered or exposed for sale, or sold, by weight, or by head, at auction, for compensation or profit. See Virginia Code 3.2-5600
• local government: shall be construed to mean a county, city, or town as the context may require. See Virginia Code 15.2-102
• mayor: shall be deemed to also include the equivalent county term. See Virginia Code 15.2-5301
• Mental impairment: means (i) a disability attributable to intellectual disability, autism, or any other neurological disability closely related to intellectual disability and requiring treatment similar to that required by individuals with intellectual disability or (ii) an organic or mental impairment that has substantial adverse effects on an individual's cognitive or volitional functions, including central nervous system disorders or significant discrepancies among mental functions of an individual. See Virginia Code 51.5-40.1
• Military status: means status as (i) a member of the uniformed forces, as defined in Virginia Code 2.2-3901
• Move: means to ship, offer for shipment, receive for transportation, carry, or otherwise transport, move or allow to be moved. See Virginia Code 3.2-700
• 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}
• Net weight: means the net weight of a commodity, that is, the weight of the commodity exclusive of any wrapper, and any other material or thing weighed or packed with such commodity, and excluding the vehicle or vessel containing the commodity. See Virginia Code 3.2-5600
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Virginia Code 1-228
• obligee: includes any bondholder, trustee or trustees for any bondholders, any lessor demising property to the authority used in connection with a hospital project or any assignee or assignees of such lessor's interest or any part thereof, and the United States of America when it is a party to any contract with the authority. See Virginia Code 15.2-5301
• Otherwise disabled person: means any person who has a physical, sensory, intellectual, developmental, or mental disability or a mental illness. See Virginia Code 51.5-40.1
• 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
• 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.
• Permit: means a document issued or authorized by the Commissioner to provide for the movement of regulated articles to restricted destinations for limited handling, utilization, or processing. See Virginia Code 3.2-700
• Person: means the term as defined in § 1-230. See Virginia Code 3.2-700
• Person with a disability: means any person who has a physical or mental impairment that substantially limits one or more of his major life activities or who has a record of such impairment. See Virginia Code 51.5-40.1
• Personal information: means all information that (i) describes, locates or indexes anything about an individual including, but not limited to, his social security number, driver's license number, agency-issued identification number, student identification number, real or personal property holdings derived from tax returns, and his education, financial transactions, medical history, ancestry, religion, political ideology, criminal or employment record, or (ii) affords a basis for inferring personal characteristics, such as finger and voice prints, photographs, or things done by or to such individual; and the record of his presence, registration, or membership in an organization or activity, or admission to an institution. See Virginia Code 2.2-3801
• Pest: means an insect, disease, parasitic plant, or other organism of any character whatever, in any living stage, vertebrate or invertebrate, causing or capable of causing injury or damage to any plant or part thereof or any processed, manufactured, or other product of plants, or otherwise creating a public nuisance. See Virginia Code 3.2-700
• Physical evidence recovery kit: means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of sexual assault during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of sexual assault. See Virginia Code 19.2-11.5
• Place of public accommodation: means a facility that a private entity owns, leases or leases to, or operates and whose operations affect commerce. See Virginia Code 51.5-40.1
• Point-of-sale system: means an electronic cash register capable of recovering stored information related to the sale price of individual retail items. See Virginia Code 3.2-5600
• Private capital funding source: means a private entity that enters into a financing agreement, under which that private entity shall purchase a lease of the conveyed property for a consideration to be provided in such agreement, and its successors and assigns. See Virginia Code 15.2-1815
• Private entity: means any entity other than a public entity. See Virginia Code 51.5-40.1
• 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.
• Project: means a structure or structures identified in the capital improvement program of the locality or an agency or instrumentality of the locality that is a revenue-producing undertaking as provided in § Virginia Code 15.2-1815
• project: means any and all medical facilities and approaches thereto and appurtenances thereof. See Virginia Code 15.2-5301
• Project: means the construction, improvement, furnishing, maintenance, acquisition or operation of any facility or the provision for or funding of any activity that will further the purposes described in § Virginia Code 2.2-2201
• Proper purpose: includes the sharing or dissemination of data or information among and between agencies in order to (i) streamline administrative processes to improve the efficiency and efficacy of services, access to services, eligibility determinations for services, and service delivery; (ii) reduce paperwork and administrative burdens on applicants for and recipients of public services; (iii) improve the efficiency and efficacy of the management of public programs; (iv) prevent fraud and improve auditing capabilities; (v) conduct outcomes-related research; (vi) develop quantifiable data to aid in policy development and decision making to promote the most efficient and effective use of resources; and (vii) perform data analytics regarding any of the purposes set forth in this definition. See Virginia Code 2.2-3801
• Public entity: means :

  1. See Virginia Code 51.5-40.1

• 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
• Qualifying borrower: means any person who demonstrates that a loan made pursuant to this chapter will assist one or more persons with disabilities to improve their independence or become more productive members of the community. See Virginia Code 51.5-53
• Readily achievable: means easily accomplishable and able to be carried out without much difficulty or expense. See Virginia Code 51.5-40.1
• Registrar: means the Registrar of Regulations employed as provided in § Virginia Code 2.2-4001
• Regulated article: means any article of any character carrying or capable of carrying the pest against which the quarantine is directed. See Virginia Code 3.2-700
• 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
• Religion: includes any outward expression of religious faith, including adherence to religious dressing and grooming practices and the carrying or display of religious items or symbols. See Virginia Code 2.2-3901
• 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.
• sale: includes barter and exchange. See Virginia Code 3.2-5600
• Sealer: means an inspector of weights and measures of a city, a county, or a joint city-county jurisdiction. See Virginia Code 3.2-5600
• Service dog: means a dog trained to do work or perform tasks for the benefit of a mobility-impaired or otherwise disabled person. See Virginia Code 51.5-40.1
• sexual orientation: when used in reference to discrimination in the Code and acts of the General Assembly, means a person's actual or perceived heterosexuality, bisexuality, or homosexuality. See Virginia Code 2.2-3901
• Statute: A law passed by a legislature.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Three-unit service dog team: means a team consisting of a trained service dog, a person with a disability, and a person who is an adult and who has been trained to handle the service dog. See Virginia Code 51.5-40.1
• 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
• Trace evidence collection kit: means any evidence collection kit supplied by the Department to health care providers for use in collecting evidence from victims of strangulation during forensic medical examinations or to the Office of the Chief Medical Examiner for use during death investigations to collect evidence from decedents who may be victims of strangulation. See Virginia Code 19.2-11.5
• Trust indenture: includes instruments pledging the revenues of real or personal properties but not conveying such properties or conferring a right to foreclose and cause a sale thereof. See Virginia Code 15.2-5301
• Verdict: The decision of a petit jury or a judge.
• Victim of sexual assault: means any person who undergoes a forensic medical examination for the collection of a physical evidence recovery kit connected to a sexual assault offense. See Virginia Code 19.2-11.5
• Virginia Register of Regulations: means the publication issued under the provisions of Article 6 (§ Virginia Code 2.2-4001
• Virginia Regulatory Town Hall: means the website operated by the Department of Planning and Budget, which has online public comment forums and displays information about regulatory actions under consideration in the Commonwealth and sends this information to registered public users. See Virginia Code 2.2-4001
• Weighmaster: means the person responsible for weighing livestock that will be offered for sale, based on his weight determination. See Virginia Code 3.2-5600
• Weight: means the net weight when used in connection with this chapter. See Virginia Code 3.2-5600
• Weights and measures: means all weights and measures of every kind, including instruments and devices for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices. See Virginia Code 3.2-5600