Terms Used In Virginia Code > Title 3.2 > Subtitle IV > Chapter 52 - Milk, Milk Products, and Dairies

• Access: means the ability to receive, use, and manipulate data and operate controls included in information technology. See Virginia Code 2.2-3501
• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Advanced recycling: means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, liquid fuels, waxes, lubricants, or other products through processes that include pyrolysis, gasification, depolymerization, reforming, hydrogenation, solvolysis, catalytic cracking, and similar processes. See Virginia Code 10.1-1400
• Advanced recycling facility: means a facility that, using advanced recycling, receives, stores, and converts post-use polymers and recovered feedstocks that it receives. See Virginia Code 10.1-1400
• Advisory Board: means the State Advisory Board on Air Pollution. See Virginia Code 10.1-1300
• Agency: means any state board, department, commission, agency or other unit of state government except a county, city, town or any agency thereof. See Virginia Code 2.2-3400
• agency: means any agency, institution, board, bureau, commission, council, public institution of higher education, or instrumentality of state government in the executive department listed in the appropriation act. See Virginia Code 2.2-2006
• Air pollution: means the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interfere with the enjoyment by the people of life or property. See Virginia Code 10.1-1300
• Allegation: something that someone says happened.
• Amateur: means an individual who has never participated in a boxing, martial arts, or professional wrestling event for money, compensation, or reward other than a suitably inscribed memento. See Virginia Code 54.1-828
• 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.
• 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.
• Applicant: means any and all persons seeking or holding a permit required under this chapter. See Virginia Code 10.1-1400
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means any regional facility authority organized and existing pursuant to this chapter. See Virginia Code 15.2-6400
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• 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 an authority. See Virginia Code 15.2-6400
• Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Board: means the State Air Pollution Control Board. See Virginia Code 10.1-1300
• Board: means the Virginia Waste Management Board. See Virginia Code 10.1-1400
• Boxer: means a person competing in the sport of boxing. See Virginia Code 54.1-828
• Boxing: means the contact sport of attack or defense using fists. See Virginia Code 54.1-828
• Cable television system: means any facility consisting of a set of closed transmission paths and associated equipment designed to provide video programming to multiple subscribers when subscriber interaction is required to select a specific video program for an access fee established by the cable television system for that specific video program. See Virginia Code 54.1-828
• Campground: means any area, place, parcel, or tract of land, by whatever name called, on which three or more campsites are occupied or intended for occupancy, or facilities are established or maintained, wholly or in part, for the accommodation of camping units for periods of overnight or longer, whether the use of the campsites and facilities is granted gratuitously, or by rental fee, lease, or conditional sale, or by covenants, restrictions, and easements, including any travel trailer camp, recreation camp, family campground, camping resort, or camping community. See Virginia Code 35.1-1
• Camping unit: means any device or vehicular type structure for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel, including any tent, tent trailer, travel trailer, camping trailer, pickup camper, or motor home. See Virginia Code 35.1-1
• Center: means the Virginia Center for Coal and Energy Research. See Virginia Code 10.1-1332
• Certified food protection manager: means a person who has demonstrated proficiency in food safety issues, regulations, and techniques in maintaining a safe-food environment by passing a test and receiving a certification as part of a program that is accredited by the Board. See Virginia Code 35.1-1
• 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.
• 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.
• Commissioner: means the State Health Commissioner. See Virginia Code 35.1-1
• Commonwealth information technology project: means any state agency information technology project that is under Commonwealth governance and oversight. See Virginia Code 2.2-2006
• Commonwealth Project Management Standard: means a document developed and adopted by the Chief Information Officer (CIO) pursuant to § Virginia Code 2.2-2006
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contractor: means any person who has been recognized by the Director, through a contract pursuant to § Virginia Code 54.1-828
• 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
• Creditor process: means all methods used by creditors to collect unsecured debts. See Virginia Code 34-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deaf person: means any person whose hearing is so seriously impaired as to prohibit the person from understanding oral communications spoken in a normal conversational tone. See Virginia Code 2.2-3400
• Debt: means a legally enforceable monetary obligation or liability of any individual whether arising out of a contract or otherwise, but not an obligation resulting from an intentional tort. See Virginia Code 34-1
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the State Department of Health. See Virginia Code 35.1-1
• Department: means the Department of Professional and Occupational Regulation or its successor. See Virginia Code 54.1-828
• Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-1300
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-1400
• Depolymerization: means a manufacturing process in which post-use polymers are broken into smaller molecules, including monomers and oligomers; raw, intermediate, or final products; plastics and chemical feedstocks; basic and unfinished chemicals; crude oil; naphtha; liquid transportation fuels; waxes; lubricants; coatings; and other products. See Virginia Code 10.1-1400
• Director: means the Director of the Department of Professional and Occupational Regulation. See Virginia Code 54.1-828
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-1400
• Disclosure statement: means a sworn statement or affirmation, in such form as may be required by the Director, which includes:

  1. See Virginia Code 10.1-1400

• Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Virginia Code 10.1-1400
• Docket: A log containing brief entries of court proceedings.
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Enterprise: means an organization with common or unifying business interests. See Virginia Code 2.2-2006
• 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}
• Equity: includes both legal and equitable interests. See Virginia Code 10.1-1400
• Event: means any boxing, martial arts, or professional wrestling show that includes one or more bouts, contests, or matches. See Virginia Code 54.1-828
• 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.
• Executive Director: means the Executive Director of the Department of Environmental Quality. See Virginia Code 10.1-1300
• Exempt: means protected from all forms of creditor process. See Virginia Code 34-1
• Exemption: means protection from all forms of creditor process. See Virginia Code 34-1
• Exhibition: means any occurrence in which boxers or martial artists show or display skills without striving to win. See Virginia Code 54.1-828
• Facility: means any structure or park, including real estate and improvements as applicable, for manufacturing, warehousing, distribution, office, or other industrial, residential, recreational or commercial purposes. See Virginia Code 15.2-6400
• 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
• 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.
• 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}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• 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}
• Fund: means the Virginia Community Flood Preparedness Fund created pursuant to § Virginia Code 10.1-1329
• 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
• Gasification: means a manufacturing process through which recovered feedstocks are heated and converted in an oxygen-deficient atmosphere into a fuel and gas mixture that is then converted to crude oil, diesel fuel, gasoline, home heating oil, ethanol, transportation fuel, other fuels, chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other valuable raw, intermediate, or final products that are returned to economic utility in the form of raw materials, products, or fuels. See Virginia Code 10.1-1400
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing bodies: means the boards of supervisors of counties and the councils of cities and towns which are members of an authority. See Virginia Code 15.2-6400
• 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
• 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.
• Hazardous waste: means a solid waste or combination of solid waste that because of its quantity, concentration or physical, chemical, or infectious characteristics may:

  1. See Virginia Code 10.1-1400

• High-level radioactive waste: which means :

  a. See Virginia Code 10.1-1400

• Holder: means a corporation, association, partnership or two or more persons having a joint or common interest. See Virginia Code 3.2-5218
• Hotel: means any place offering to the public for compensation transitory lodging or sleeping accommodations, overnight or otherwise, including facilities known by varying nomenclatures or designations as hotels, motels, travel lodges, tourist homes, or hostels. See Virginia Code 35.1-1
• Household hazardous waste: means any waste material derived from households (including single and multiple residences, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas) which, except for the fact that it is derived from a household, would be classified as a hazardous waste, including nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries; solvent-based paint, paint thinner, paint strippers, or other paint solvents; any product containing trichloroethylene, toxic art supplies, used motor oil and unusable gasoline or kerosene, fluorescent or high intensity light bulbs, ammunition, fireworks, banned pesticides, or restricted-use pesticides as defined in § Virginia Code 10.1-1400
• Householder: means any resident of Virginia. See Virginia Code 34-1
• 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}
• Information technology: means all electronic information processing hardware and software, including telecommunications. See Virginia Code 2.2-3501
• Information technology: means communications, telecommunications, automated data processing, applications, databases, data networks, the Internet, management information systems, and related information, equipment, goods, and services. See Virginia Code 2.2-2006
• 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
• 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.
• key personnel: includes all key personnel of that entity, provided that where such entity is a chartered lending institution or a reporting company under the Federal Securities Exchange Act of 1934, "key personnel" does not include key personnel of such entity. See Virginia Code 10.1-1400
• Laboring person: means any person who receives wages for his services. See Virginia Code 34-1
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Major information technology project: means any Commonwealth information technology project that has a total estimated cost of more than $1 million or that has been designated a major information technology project by the CIO pursuant to the Commonwealth Project Management Standard developed under § Virginia Code 2.2-2006
• Martial artist: means a person competing in the sport of martial arts. See Virginia Code 54.1-828
• Matchmaker: means any person who proposes, selects, arranges for, or in any manner procures specific individuals to be contestants in an event. See Virginia Code 54.1-828
• Member localities: means the counties, cities, and towns, or combination thereof, which are members of an authority. See Virginia Code 15.2-6400
• Minority leader: See Floor Leaders
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonvisual: means synthesized speech, Braille, and other output methods not requiring sight. See Virginia Code 2.2-3501
• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Person: means an individual, corporation, partnership, association, or any other legal entity. See Virginia Code 35.1-1
• Person: means a natural person, corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any other entity. See Virginia Code 54.1-828
• Person: means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity. See Virginia Code 10.1-1300
• Person: includes an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity. See Virginia Code 10.1-1400
• Personal property: All property that is not real property.
• Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Professional: means a person who participates or has ever participated for money, compensation, or reward other than a suitably inscribed memento in any boxing, martial arts, or professional wrestling event. See Virginia Code 54.1-828
• Professional wrestler: means any professional participating in professional wrestling. See Virginia Code 54.1-828
• Professional wrestling: means an event in which contestants incorporate the sport of wrestling into choreographed performances. See Virginia Code 54.1-828
• Promoter: means any person who undertakes to promote an event or exhibition. See Virginia Code 54.1-828
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Pyrolysis: means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and converted to crude oil, diesel fuel, gasoline, home heating oil, ethanol, transportation fuel, other fuels, chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other valuable raw, intermediate, or final products that are returned to economic utility in the form of raw materials, products, or fuels. See Virginia Code 10.1-1400
• Quorum: The number of legislators that must be present to do business.
• real 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.
• Region: means the area within the boundaries of the member localities. See Virginia Code 15.2-6400
• Regulant: means any person required by this chapter to obtain a prior authorization from the Department. See Virginia Code 54.1-828
• 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.
• Resource recovery: means the recovery of material or energy from solid waste. See Virginia Code 10.1-1400
• Restaurant: means :

  1. See Virginia Code 35.1-1

• RGGI: means the program to implement the memorandum of understanding between signatory states dated December 20, 2005, and as may be amended, and the corresponding model rule that established a regional carbon dioxide electric power sector cap and trade program. See Virginia Code 10.1-1329
• Sanctioning organization: means an entity approved by the Director pursuant to § Virginia Code 54.1-828
• Secretary: means the Secretary of Natural and Historic Resources. See Virginia Code 10.1-1329
• Secretary: means the Secretary of Administration. See Virginia Code 2.2-2006
• 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.
• Sludge: means any solid, semisolid, or liquid wastes with similar characteristics and effects generated from a public, municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, air pollution control facility, or any other waste-producing facility. See Virginia Code 10.1-1400
• Solid waste: means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, commercial, mining, and agricultural operations, or community activities, but does not include (i) solid or dissolved material in domestic sewage; (ii) solid or dissolved material in irrigation return flows or in industrial discharges that are sources subject to a permit from the State Water Control Board; (iii) source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended; or (iv) post-use polymers or recovered feedstocks that are (a) processed at an advanced recycling facility or (b) held at or held for the purpose of conversion at such advanced recycling facility prior to conversion. See Virginia Code 10.1-1400
• Solid waste management facility: means a site used for planned treating, long-term storage, or disposing of solid waste. See Virginia Code 10.1-1400
• Solvolysis: includes hydrolysis, aminolysis, ammonolysis, methanolysis, and glycolysis. See Virginia Code 10.1-1400
• state agency: means the same as that term is defined in § Virginia Code 1-206
• State Board: means the State Board of Health. See Virginia Code 35.1-1
• Statute: A law passed by a legislature.
• Summer camp: means any building, tent, or vehicle, or group of buildings, tents, or vehicles, if operated as one place or establishment, or any other place or establishment, public or private, together with the land and waters adjacent thereto, that is operated or used in this Commonwealth for the entertainment, education, recreation, religious instruction or activities, physical education, or health of persons under 18 years of age who are not related to the operator of such place or establishment by blood or marriage within the third degree of consanguinity or affinity, if 12 or more such persons at any one time are accommodated, gratuitously or for compensation, overnight and during any portion of more than two consecutive days. See Virginia Code 35.1-1
• Summons: Another word for subpoena used by the criminal justice system.
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• Telecommunications: means any origination, transmission, emission, or reception of data, signs, signals, writings, images, and sounds or intelligence of any nature, by wire, radio, television, optical, or other electromagnetic systems. See Virginia Code 2.2-2006
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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.
• 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
• transportation: means any movement of property and any packing, loading, or unloading or storage incidental thereto. See Virginia Code 10.1-1400
• Treatment: means any method, technique, or process, including incineration or neutralization, designed to change the physical, chemical, or biological character or composition of any waste to neutralize it or to render it less hazardous or nonhazardous, safer for transport, amenable to recovery or storage, or reduced in volume. See Virginia Code 10.1-1400
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• 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}
• Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Waste: means any solid, hazardous, or radioactive waste as defined in this section. See Virginia Code 10.1-1400
• Waste management: means the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of waste or resource recovery. See Virginia Code 10.1-1400
• Wrestler: means any person competing or participating as an opponent in wrestling. See Virginia Code 54.1-828
• Wrestling: means any of several styles of physical competition in which individuals attempt to subdue or unbalance an opponent, including Greco-Roman, freestyle, grappling, or submission, usually practiced as a sport. See Virginia Code 54.1-828