3.2-102 - General powers and duties of the Commissioner.
§ 3.2-102. General powers and duties of the Commissioner.
A. The Commissioner shall be vested with the powers and duties set out in §2.2-601, the powers and duties herein provided, and such other powers andduties as may be prescribed by law, including those prescribed in Title 59.1.He shall be the executive officer of the Board, and shall see that its ordersare carried out. He shall see to the proper execution of laws relating to theDepartment. Unless the Governor expressly reserves such power to himself, theCommissioner shall promote, protect, and develop the agricultural interestsof the Commonwealth. The Commissioner shall develop, implement, and maintainprograms within the Department including those that promote the developmentand marketing of the Commonwealth's agricultural products in domestic andinternational markets, including promotions, market development and research,marketing assistance, market information, and product grading andcertification; promote the creation of new agribusiness including new crops,biotechnology and new uses of agricultural products, and the expansion ofexisting agribusiness within the Commonwealth; develop, promote, and maintainconsumer protection programs that protect the safety and quality of theCommonwealth's food supply through food and dairy inspection activities,industry and consumer education, and information on food safety; preserve theCommonwealth's agricultural lands; ensure animal health and protect theCommonwealth's livestock industries through disease control and surveillance,maintaining animal health diagnostic laboratories, and encouraging the humanetreatment and care of animals; protect public health and the environmentthrough regulation and proper handling of pesticides, agriculturalstewardship, and protection of endangered plant and insect species; protectcrop and plant health and productivity; ensure consumer protection and fairtrade practices in commerce; develop plans and emergency response protocolsto protect the agriculture industry from bioterrorism, plant and animaldiseases, and agricultural pests; assist as directed by the Governor in theCommonwealth's response to natural disasters; develop and implement programsand inspection activities to ensure that the Commonwealth's agriculturalproducts move freely in trade domestically and internationally; and enterinto agreements with federal, state, and local governments, land grantuniversities, and other organizations that include marketing, plantprotection, pest control, pesticides, and meat and poultry inspection.
B. In addition, the Commissioner shall:
1. Have the authority, in the same manner as provided in § 59.1-308.2, toinquire into consumer complaints regarding violations of § 46.2-1231 or46.2-1233.1 involving businesses engaged in towing vehicles or to refer thecomplaint directly to the appropriate local enforcement officials;
2. Establish mechanisms by which to receive complaints and related inquiriesfrom the Commonwealth's consumers involving violations or alleged violationsof any law designed to protect the integrity of consumer transactions in theCommonwealth. Such mechanisms shall include establishing a statewide,toll-free telephone hotline to be administered by the Department; publicizingthe existence of such hotline through public service announcements ontelevision and radio and in newspapers and other media deemed necessary,convenient, or appropriate; and enhancing electronic communication with theDepartment through computer networks such as the Internet;
3. Establish and administer programs that facilitate resolution of complaintsand related inquiries from the Commonwealth's consumers involving violationsor alleged violations of any law designed to protect the integrity ofconsumer transactions in the Commonwealth. Such programs shall be developedin cooperation with the Office of the Attorney General and may utilize paidor unpaid personnel, law schools or other institutions of higher education,community dispute resolution centers, or any other private or public entity,including any local offices of consumer affairs established pursuant to §15.2-963 that volunteer to participate in a program. He shall submit anannual written report on or before January 15 to the Chairmen of the HouseCommittee on Agriculture, Chesapeake and Natural Resources and the SenateCommittee on Agriculture, Conservation, and Natural Resources on hisactivities pursuant to this subdivision and subdivision 2 of this subsectionduring the preceding calendar year;
4. Establish and maintain a farm-to-school website. The purpose of thewebsite shall be to facilitate and promote the purchase of Virginia farmproducts by schools, universities, and other educational institutions underthe jurisdiction of the State Department of Education. The website shallpresent such current information as the availability of Virginia farmproducts, including the types and amount of products, and the names of andcontact information for farmers, farm organizations, and businesses marketingsuch products; and
5. Establish and operate a nonprofit, nonstock corporation under Chapter 10(§ 13.1-801 et seq.) of Title 13.1 as a public instrumentality exercisingpublic and essential governmental functions to promote, develop, and sustainmarkets for licensed Virginia wineries and farm wineries, as defined in §4.1-100. Such corporation shall provide wholesale wine distribution servicesfor wineries and farm wineries licensed in accordance with § 4.1-207. Theboard of directors of such corporation shall be composed of the Commissionerand four members appointed by the Board, including one owner or manager of awinery or farm winery licensee that is not served by a wholesaler when theowner or manager is appointed to the board; one owner or manager of a wineryor farm winery licensee that produces no more than 10,000 cases per year; andtwo owners or managers of wine wholesaler licensees. In making appointmentsto the board of directors, the Board shall consider nominations of winery andfarm winery licensees submitted by the Virginia Wineries Association and winewholesale licensees submitted by the Virginia Wine Wholesalers Association.The Commissioner shall require such corporation to report to him at leastannually on its activities, including reporting the quantity of winedistributed for each winery and farm winery during the preceding year. Theprovisions of the Virginia Public Procurement Act shall not apply to theestablishment of such corporation nor to the exercise of any of its powersgranted under this section.
(Code 1950, §§ 3-7, 3-9, 3-13; 1966, c. 702, §§ 3.1-8, 3.1-10, 3.1-14; 1971,Ex. Sess., c. 34; 1975, c. 260; 1977, c. 186; 1978, cc. 219, 540; 1982, c.150; 1985, c. 397; 1993, c. 455; 1994, cc. 261, 370; 1995, c. 10; 1996, c.996; 2005, c. 633; 2007, cc. 352, 870, 932, §§ 3.1-14.4, 3.1-14.01; 2008, c.860.)