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Directory of Marketing Regulations, Licenses, Permits, Taxes, and Insurance: Virginia
Farm Business Management Update, February-March 2007
By Karen Mundy (karenm@vt.edu), Rural Economic Analysis Program, Communications Specialist, Agricultural and Applied Economics, Virginia Tech
Many aspects of direct marketing are regulated. What is regulated and who regulates it varies both within state and across states. The following list may not be complete. You need to ask questions of each agency as you work through their requirements to see if you also need to go to another agency for additional regulation, permitting, and licensing information. One of the best sources in Virginia for additional help is the Virginia Small Business Development Centers. You can download their guide athttp://www.virginiasbdc.com/VASBDCPubs.asp. To find the office nearest you, use http://www.virginiasbdc.com/.
If you are doing business in other states as well as Virginia, check with the other states for any required permits, licenses, or taxes. North Carolina, for example, requires LLCs and Corporations to register if they are doing business in N.C., even if they are headquartered in another state. N.C. also requires sales tax be collected on applicable items sold in N.C., even if the business is headquartered in another state.
What’s regulated/licensed |
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Regulatory/Licensing Agency |
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Federal |
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State |
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County/City |
Aquaculture/shellfish
Shellfish production and land-based aquaculture in tidal areas must comply with structure regulation. These regulations are found at the Va. Marine Resources Commission website.
Land-based aquaculture G&IF requires permits to Propagate and Sell, Hold and Sell, Hold and Sell—Fee Fishing Ponds |
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U.S. Corps of Engineers USAED, Wilmington |
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Dept. of Game and Inland Fisheries 4010 West Broad St. Richmond, VA 23230 (804) 367-1292 Va. Marine Resources Commission Habitat Management 2600 Washington Ave. Newport News, VA 23607 http://www.mrc.state.va.us/hmac/ hmoverview.shtm (757) 247-2200 Dept. Conservation & Recreation 757-247-2243 |
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Local Planning and Zoning Office |
Bees |
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VDACS Virginia Pollinator 102 Governor St. 804/786-3515 http://www.vdacs.virginia.gov/plant& pest/pollinator.html |
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Building codes/permits required to build or renovate structures |
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County Administration Office; Building permits |
Business License/Peddlers License (Type required depends on jurisdiction). Must obtain within 75 days of starting the operation. May be required by both county and town or by neither |
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County Administration Office: Commissioner of Revenue, Planning and Zoning; Town Administration Office |
| Dairy Regulations dealing with dairy products | VDACS Food Safety & Security Office 102 Governor St. http://www.vdacs.virginia.gov/ regulatory/index.html |
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| Eggs Labeling, handling, and grading. If sold on-farm where produced, no grading or labeling required. Inspection at discretions of Food Safety & Security Office | VDACS Food Safety & Security Office http://www.vdacs.virginia.gov/ poultry&egg/index.html |
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| Export—regulations are commodity and country specific. Check the USDA website for specifics and VDACS export specialists. | USDA Food Safety and Inspection Service, Regulations and Policy http://www.fsis.usda.gov/regulations_&_policies/export_information/index.asp |
VDACS Regulatory Services Plant & Pest Services 102 Governor Street Richmond, VA 23219 Phone: 804-786- http://www.vdacs.virginia.gov/plant& pest/export.html/ |
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| Facilities (including farmers’ markets and roadside stands) building permits, parking, etc | County Administration Office: Planning and Zoning, Building permits | |||||
| Food Safety & Prepared Foods inspection of processing facility and high risk food processing school requirements | VDACS Food Safety & Security Office 102 Governor Street Richmond, VA 23219 Phone: 804-786-3520 http://www.vdacs.virginia.gov/ regulatory/index.html |
Local health department | ||||
| Insurance: Vehicle; Liability; Casualty (fire, flood [need to request], theft, inventory, etc.); Business interruption; Life and disability for owners and partners; Group health, Food liability | State Corporation Commission Bureau of Insurance 800-552-7945 (Virginia only) http://www.scc.virginia.gov/division/ boi/webpages/boiwhendisasterstrikes whattodoafter2b5.htm |
Local Insurance Agent Local Farm Bureau Agent |
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| Interstate—check with state in which you plan to do business for what their requirements are | ||||||
| Legal entity filing File documents related to legal entity other than sole proprietorship | Va. State Corporation Commission Document Control Center (804) 371-9733 866-722-2551 (Virginia only) http://www.scc.virginia.gov/commission/contact.htm |
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| Mail order other than seed and live plant sales | Federal Trade Commission 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 202-326-2222 http://www.ftc.gov/bcp/conline/pubs/ buspubs/mailorder.htm |
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| Meat Slaughter facility inspection, allowable sales at direct markets | VDACS Meat & Poultry Services http://www.vdacs.virginia.gov/meat& poultry/inspection.html |
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| Nursery sales Inspection of nursery plants for pests and weeds. Required for all nurseries and garden centers | APHIS USDA, Animal and Plant Health Inspection Service, 4700 River Road, Riverdale, MD 20737 http://www.aphis.usda.gov/subjects/ plant_health/ |
VDACS Plant & Pest Services http://www.vdacs.virginia.gov/plant& pest/nursery.html |
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| Organic food/feed certification requirements | USDA-AMS-TMP-NOP National Organic Program Room 4008 – South Building 1400 Independence Avenue, SW Washington, D.C. 20250-0020 Phone: 202-720-3252 www.ams.usda.gov/nop/ |
VDACS Marketing Services Certified Organic http://www.vdacs.virginia.gov/organic /index.html |
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| Pet Food & Pet Treats licensing and registration | VDACS Product & Industry Standards 102 Governor Street Richmond, VA 23219 Phone: 804-786-2476 http://www.vdacs.virginia.gov/ regulatory/index.html/ |
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Product Labeling (format, weights, nutritional labeling, etc.) |
VDACS Food Safety & Security Office 102 Governor Street Richmond, VA 23219 Phone: 804-786-3520 Weights & Measures Phone: 804-786-2476 http://www.vdacs.virginia.gov/ regulatory/index.html/ |
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| Vendor’s License required for some operations | Commissioner of Revenue, Dept. of Finance; Town/County Administrator | |||||
Virginia certified seed. Certifies agricultural and vegetable seed and potato tubers. Laboratory tests done by VDACS. |
Virginia Crop Improvement Association 9142 Atlee Station Road Mechanicsville, VA 23116 Office: 804-746-4884 http://www.virginiacrop.org |
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| WIC & Senior Nutrition Programs WIC is overseen by the local health department and the Senior Nutrition Programs by the local agency on aging. VDACS provides training, stamps, and posters for a limited number of local markets | USDA Food and Nutrition Service Richmond Field Office (637) Food and Nutrition Service, USDA1606 Santa Rosa Road, Suite 129 Richmond, VA 23229 Phone: 804-287-1705 Fax: 804-287-1726 |
VDACS Direct Marketing Services |
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Taxes |
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| Register with tax office for a variety of taxes | IRS http://www.irs.gov/businesses/index.html go to “Starting a Business” for help with various taxes to be paid; select either “Farmer” or look at individual selections presented for “Starting a Business.” |
Va. Dept. of Taxation Combined Registration Application Form (Form R-1) (888) 268-2829 or (804) 367-8037 |
Local Commissioner of Revenue | |||
| Corporate and franchise income tax required of all corporations and franchises | Va. Dept. of Taxation Office of Customer Services (804) 367-8037 http://www.tax.virginia.gov/site.cfm?alias=Contacts |
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| Employer Income Tax Withholding required of all business with employees | Va. Dept. of Taxation Office of Customer Services (804) 367-8037 http://www.tax.virginia.gov/site.cfm?alias=Business FAQ |
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| Litter Tax: retailers of food for humans or pets, groceries, sort drinks/carbonated water | Va. Dept. of Taxation Office of Customer Services (804) 367-8037 http://www.tax.virginia.gov/site.cfm?alias=Contacts |
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Miscellaneous assessments: commodity and excise taxes: Sheep, forest products, corn, cotton, eggs, soybeans, small grains vending machine sales, peanut, sort drinks |
Va. Dept. of Taxation Commodity and Excise Tax 804-786-2450 http://www.tax.virginia.gov/site.cfm?alias=Contacts |
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| OSHA: you must post OSHA information | Virginia Department of Labor and Industry (804) 786-2377 OSHA information to post http://www.doli.state.va.us/infocenter/publications/ req_posters/Job%20Safety_english_web.pdf |
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| Retail Sales and Use Tax: applies to use/consumer tax for any tangible personal property used, consumed, stored that was purchased outside Va. and would be subjected to sales tax if purchased within Va. | Va. Dept. of Taxation Office of Customer Services (804) 367-8037 http://www.tax.virginia.gov/site.cfm?alias=Contacts |
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| Unemployment tax you are required to post information about unemployment eligibility | Va. Employment Commission Poster for unemployment eligibility http://www.vec.virginia.gov/pdf/vecb29eng.pdf |
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| Workers’ Compensation: you must post workmen’s comp information | Workforce Compliance & Oversight Information Compilation of federal legislation, rules, regulations, and provisions impacting workforce compliance http://www.vec.virginia.gov/vecportal/docs_toc.cfm |
Virginia Workers’ Compensation Commission 1000 DMV Drive Phone: 1-877-664-2566 http://www.vwc.state.va.us./employers_guide.htm Workmen’s compensation information to post: http://www.vwc.state.va.us/forms/vwc1_form.pdf |
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Department of Agriculture and Consumer Services - (804) 786-2372 Licenses anyone involved in the production, marketing or distribution of agricultural or food products. Registers every pesticide manufactured, distributed, sold, offered for sale, used or offered for use in Virginia.
Department of Conservation and Recreation - (804) 786-1712 Regulates, manages and licenses state parks and outdoor recreational facilities. Issues permits for concessionaires in state parks. Approves and inspects floodwater structures.
Department of Environmental Quality - (804) 762-4570 Issues pollution control permits for any business that emits particles or gases into the air, water discharge, management of solid and hazardous waste materials.
Department of Forestry - (804) 977-6555 Licenses and regulates the use of state forests, forest reserves including mineral exploration; develops and administers forest management plans for state owned lands.
Department of Game and Inland Fisheries - (804) 367-1000 Regulates the taking, possession and sale of wild animals, birds and freshwater fish and endangered species of any form of wildlife. Licenses shooting preserves, fur farming and dealing, hunting dog trails, commercial trout rearing, fishing, seine hauling, breeding and raising game birds and animals, game bird and animal exhibits, and stuffing and mounting of birds and animals. Also titles and registers motorboats, licenses watercraft dealers, regattas and boat races, and drilling and dredging in the Back Bay area.
Department of Health - (804) 786-3561 Licenses emergency medical agencies, vehicles and attendants, bedding and upholstery service businesses and commercial blood banks; inspects businesses to certify health standards; prescribes standards governing planting, taking and marketing of fish, crustaceans and shellfish; licenses hospitals, nursing homes and related institutions, home health agencies, hotels, summer camps, campgrounds and other lodging facilities, restaurants, milk processors, radiation materials, equipment and construction waterworks serving the public, water supply systems, sewage disposal systems, sewage treatment works, and migrant labor camps; regulates sanitation facilities at public gathering places, septic tanks, construction of private wells, and the production and use of toxic substances.
Marine Resources Commission - (757) 247-2200 Licenses the taking of various fish, shellfish and organisms below the fall line on tidal waters; licenses the exportation of oysters, purchasers of shellfish and the conversion of oysters shells to lime; assigns and leases oyster and clam planting grounds; designates certain public grounds closed and open areas; fixes and alters open seasons; restricts methods of taking; fixes minimum size and maximum size and maximum quantity of catch; makes other regulations for the conservation and promotion of the seafood industry; inspects records and vessels; prescribes guidelines for the use of wetlands; issues general permits for the use of state-owned underwater beds; and establishes bulkhead and private pier lines on or over waters under state jurisdiction.
Milk Commission - (804) 786-2013 Supervises, regulates and controls the production, transportation, processing, storage, distribution and sale of milk; licenses and audits distributors of milk; established prices paid to producers and prohibits sales of fluid milk products at less than cost; allocates marketing areas; establishes accounting system for distributors.
Potomac River Fisheries Commission - (804) 224-7148 Licenses and regulates the taking of seafood from the Potomac River; and licenses boats, vessels and equipment used to take seafood from the Potomac River.
Virginia Workers' Compensation Commission (formerly Industrial Commission of Virginia) - (804) 367-8600 Collects the taxes imposed to finance the Workers' Compensation Act from insurers and self-insured employers; adjudicates claims by workers and their dependents for death and disability awards arising from occupational diseases or injury.
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