3.2-4738 - Definitions.
§ 3.2-4738. Definitions.
As used in this article, unless the context requires a different meaning:
"Agricultural produce" means fruits and vegetables.
"Bond" means a bond executed by a surety company licensed to do business inthe Commonwealth.
"Buying brokerage transaction" means a transaction in which the dealer actsas agent for the grower in the purchase of agricultural produce at the day'sprice for the agricultural produce purchased in the transaction.
"Cash buyer" means any person who obtains from the producer, or hisrepresentative, title, possession or control of any agricultural produce orcontracts for the title, possession or control of any agricultural produce,and who buys any agricultural produce by paying to the producer at the timeof obtaining possession or control, or at the time of contracting for thetitle, possession or control of any agricultural produce, the agreed price ofsuch agricultural produce in coin or currency, certified checks, cashier'schecks or drafts issued by a bank.
"Consignment" means any transfer of agricultural produce by the seller tothe custody of another person who acts as the agent for the seller for thepurpose of selling such agricultural produce.
"Day's price" means the market price of any agricultural produce on a givenday as determined by the U.S. Department of Agriculture and published by theDivision.
"Dealer" means any person who buys, sells, solicits for sale, processes forsale or resale, resells, exchanges, negotiates, purchases or contracts forprocessing or transfers any agricultural produce of a producer. The termshall exclude: (i) any person operating solely on a commission basis inVirginia as a licensed commission merchant under the provisions of Article 2of this chapter; (ii) farmers or groups of farmers selling agriculturalproduce grown by them; (iii) any person who operates strictly as a cashbuyer; (iv) any processor who processes agricultural produce within Virginia;and (v) any person who buys agricultural produce for wholesale or retail inVirginia.
"Grower's agent transaction" means a transaction or series of transactionsin which the dealer agrees to sell the entire crop produced by one growerduring one season, at a price to be agreed upon between the dealer and thegrower.
"Joint account transactions" means a transaction between a dealer andgrower in which the dealer pays the grower based on the price for which theagricultural produce sells in relation to the price agreed upon between thedealer and grower.
"Processor" means any person operating any plant in the Commonwealth thatfreezes, dehydrates, cans, or otherwise changes the physical form orcharacteristics of agricultural produce.
"Producer" means any person who produces agricultural produce in Virginia.
(1968, c. 598, § 3.1-722.1; 1970, c. 400; 1972, c. 646; 1994, c. 340. 2008,c. 860.)