USVI Public Records

This chapter may be cited as the Sustainable Farming Act. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, p. 57.

In this chapter, unless the context clearly indicates otherwise, the following words, terms, and phrases have the following meanings: (a) "Agricultural products" means fruits, vegetables, herbs, honey, forage, ornamentals, aquaculture, (fish), trees, poultry, eggs, meat, and dairy products. (b) "Commissioner" means the Commissioner of the Department of Agriculture or the Commissioner's designee. (c) "Crop" means the cultivated plants or agricultural produce, such as grain, vegetables, or fruit, considered as a group; the total yield of the produce in a particular season or place. (d) "Department" means the Department of Agriculture. (e) "Farm" means any development of land for the commercial production of plants, fruits, vegetables, herbs, honey, forage, ornamentals, aquaculture, trees, poultry, eggs, meat, and dairy products. (f) "Farmer or agriculturist" means any individual, partnership, firm, cooperative or corporation in the Virgin Islands engaged in any business whose income is wholly or partially derived from the production and sale of food. (g) "To farm" means to practice the production of fruits, vegetables, herbs, honey, forage, ornamentals, aquaculture, trees, poultry, eggs, meat, and dairy products, and aquatic life in the Virgin Islands. (h) "Fee" includes, any application fee, license fee, permit fee, inspection fee, certification fee, registration fee, analysis fee or certificate fee. (i) "Floriculture" means the cultivation of flowers and foliage as a crop. (j) "Food" means something that nourishes and sustains life and is grown, produced or processed. (k) "Horticulture" means the art and science of gardening. Commercial horticulture includes fruits, flowers and crop growing including the nursery industry. (l) "Livestock" means sheep, goats, pigs, cows, and any other animals produced for sale and consumption. (m) "Poultry" means domesticated birds reared for eggs and meat. (n) "Prime farmland" means land that has the best combination of chemical and physical characteristics, as determined by the commissioner of agriculture, for producing food, feed, forage, fiber and oilseed crops. It could be cultivated land, pastureland, forest land, other land, but is not urban or built-up land or wetland. (o) "Produce" means fruits, vegetables, herbs, honey, forage, ornamentals, trees, poultry, eggs, meat, dairy products, and aquatic production. (p) "Producer" means any person that is engaged in the business of growing, marketing or producing any farm product, as defined in this section. (q) "Property engaged in agriculture", means any land space used wholly or partially for the production of agricultural products, including but not limited to: (1) The cultivating of any fruits, vegetables, herbs, honey, forage, ornamentals, aquaculture, trees, poultry, eggs, meat, and dairy products, and aquatic; or (2) The production, manufacture or processing of any food products or edible food byproducts mentioned in this chapter. (r) "Seeded, seeding, seed, when used as a verb" means to plant seeds in the soil; to sow; or to remove the seeds from fruit. (s) "Sell" means to offer agricultural products for possession for profit, exchange, negotiation or the engagement in any other legal activity of a commercial nature. (t) "Silviculture" the branch of forestry dealing with the development and care of forests. (u) "Sustainable Agriculture" means a site-specific system of food production that is environmentally sound, economically viable, and socially responsive. (v) "Territory" means the land and jurisdictional borders of the Virgin Islands. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, pp. 57-59.

(a) The purpose of this chapter is to promote and protect the agricultural industry of the Virgin Islands, to include the protection of prime agricultural farmland necessary to promote and protect the public health, safety and welfare of the people of the Virgin Islands. (b) Floriculture and nursery industry. It is further declared that the production, processing, manufacture and distribution of floriculture ornamental horticulture and nursery products constitute a viable industry of the territory which provides much needed revenues for the territory and employment opportunities for its residents; that research and development of the floriculture and the nursery industries, in partnership with the University of the Virgin Islands Agricultural Experiment Station and Cooperative Extension Service, by means of educating farmers with the latest technology in food production in the Virgin Islands; could contribute substantially to economic growth of the territory; and that the Department of Agriculture shall develop a marketing strategy for the territory's floricultural and nursery products, reaching new markets through education and promotion. (c) Plants growing in native stands or planted for ornamental purposes. The Legislature hereby finds and declares that plants growing in native stands or planted for ornamental purposes contribute to the environmental and public health and welfare needs of the people of the territory and shall be considered as a part of the agricultural industry for the purposes of this chapter. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, pp. 59, 60.

(a) Horticulture crops produced by nurseries are considered "growing agricultural crops" for the purposes of this chapter. (b) For the purposes of this chapter, a nursery where the primary activity is planned production of horticultural crops is a farm. However, a retail nursery is not a farm, unless it is sustained in conjunction with a nursery. (c) The Department of Agriculture shall establish in each district a nursery for the production, management, and distribution, at cost, of trees, grafted fruit trees and vegetable, fruit herbs, vegetable seedlings and livestock, where possible, to be used as breeding stock for sale and distribution to farmers. (d) The Commissioner shall maintain and conduct programs for providing grafting slips, livestock and poultry for breeding purposes for distribution to the farmers, especially during times of territorial emergency due to floods, droughts, natural disasters and in situations caused by the destruction of livestock predators. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, p. 60.

(a) The Commissioner of Agriculture shall purchase and make available to agriculturists throughout the territory, by sale or on a rental basis, such items of equipment and supplies that, in the Commissioner's discretion, will promote the farming industry and assist the farmers in maximizing the revenues of their farms. (b) The Commissioner shall provide for the repairs of farm equipment, at cost, to license farmers, who are up-to-date in their farm production, tax filing and any other reports required by this chapter or by the Department of Agriculture. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, p. 60.

(a) Every licensed farmer shall file a 1040 tax form, including a schedule F tax form whether or not he earned the income. A certified copy of the form or tax clearance letter must be presented with license renewal application each year. No farming license or certification may be renewed or issued before meeting this requirement. (b) For the twelve months ending on the preceding June 30, every licensed Virgin Islands farmer shall submit a notarized report to the Commissioner stating the poundage and the value of all produce harvested and offered for sale, and the number of persons employed. On or before August 15 of each year, the Commissioner shall provide the licensee, upon his application, forms prepared in such a manner so that the licensee shall record each month's harvest; and in filling out such reports, the licensee shall provide, so far as practicable, each month's harvest. (c) In lieu of the annual report, the Commissioner may require an owner or licensee to submit a report for a period to be specified by the Commissioner, as well as the actual count or poundage and the income for each crop, where the value of the crop exceeds $100 per year. The report must contain such information as the Commissioner considers necessary. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, p. 61.

(a) The Department of Agriculture, in collaboration with the UVI Cooperative Extension Service, in conjunction with the University of the Virgin Islands, the Department of Planning and Natural Resources and the Waste Management Authority, must provide training on how to establish a recycling program, initiate, manage and maintain a recycling program of organic matter utilizing vegetation, clippings, mulch, and seaweed, along with other natural waste products that can be introduced into the soil safely and naturally, without affecting the quality of food production and related agribusiness. (b) Once a recycling program is established, the Department of Agriculture shall consult with Department of Planning and Natural Resources, in collaboration with the UVI Cooperative Extension Service and the Waste Management Authority, regarding its recycling program. The Department of Planning and Natural Resources shall thereafter submit copies of all land clearing permits to the Commissioner's Office of the Department of Agriculture, for the purposes of allowing the Department of Agriculture, in conjunction with the Waste Management Authority, the opportunity to collect fallen trees, shrubs or weed to use for the creation of mulch, for the distribution to farmers. (c) The Attorney General's office, in conjunction with the Bureau of Corrections, shall provide prison labor to clear government-owned property pursuant to title 5 Virgin Islands Code, § 4509. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, pp. 61, 62.

(a) No agricultural operation or any of its appurtenances shall be or become a nuisance, private or public, if such operations are conducted in accordance with existing best management practices and comply with existing laws and regulations of the Territory. The provisions of this section do not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances, or where, because of close proximity to residential uses and increased intensity of use, such operation or appurtenances is shown to have an adverse effect on the health, safety and general welfare of citizens in the area. (b) For the purposes of this chapter, "agricultural operation" means any operation devoted to the bona fide production of crops, or animals, or fowl, including but not limited to the production of fruits and vegetables of all kinds, meat, dairy, and poultry products, nuts, nursery and floral products and the production and harvest of products from silviculture activity. (c) The provisions of subsection (a) do not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damages sustained by any of them on account of any pollution of, or change in condition of, the waters of any stream or on the account of any overflow of lands of any such person, firm, or corporation. (d) Any and all ordinances of any unit of local government now in effect or hereafter adopted which would make the operation of any such agricultural operation or its appurtenances a nuisance or providing for abatement thereof as a nuisance in the circumstance set forth in this section are and shall be null; however, the provisions of this section do not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or any of its appurtenances, or where, because of close proximity to residential uses and increased intensity of use, such operation or appurtenances is shown to have an adverse effect on the health, safety and general welfare of citizens in the area. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, pp. 62, 63.

The Commissioner shall: (a) Identify, preserve, advise for the purchase and manage all public agricultural resources and agricultural-zoned lands in the territory for the development of a sustainable agriculture industry; (b) Encourage and assist the people of the Virgin Islands in raising, handling, grading, packing, shipping, processing and marketing of agriculture products; (c) Ensure compliance with regulations as they pertain to the operation of all public farms; (d) Secure and maintain statistical records of the production and harvest of various crops and livestock, and make the records available annually thirty days after the end of the fiscal year to the President of the Legislature for dissemination among the members of the legislature; to the Bureau of Economic Research and to the public via electronic and print media; (e) Advice and assist farmers, in conjunction with the University of the Virgin Island and other relevant vocational entities in the territory, in the development and use of farm equipment and agricultural techniques; (f) Administer, coordinate and enforce the provisions of this chapter, in cooperation with other appropriate departments of the Territorial and Federal Governments; (g) Appoint, subject to the provisions of this chapter, such environmental enforcement officers, research staff, grant writers and other such personnel as are necessary for the proper and effective administration and enforcement of the provisions of this chapter; (h) Work with the University of the Virgin Islands and other government agencies in the marketing, promotion, research, technical services and agricultural training programs, for the development of new agriculturist and the development of a labor force; (i) In conjunction with the University of the Virgin Islands and the Department of Labor, develop a farm certification program in crop farming and livestock rearing; (j) Assist the farming industry in the establishment of farming cooperatives; and (k) Research the feasibility of creating a loan program to assist farmers in purchasing, maintaining, and expanding farms. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, pp. 63, 64.

The Department of Licensing and Consumer Affairs shall issue, modify, suspend and revoke licenses, certificates and registrations for the use of agricultural resources and the Department of Health shall issue, modify, suspend and revoke permits, certificates and registrations of the processing food in the territory. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, p. 64.

All VICORP land is prohibited from development and shall be used exclusively for agricultural purposes. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, p. 64.

With the exception of the Sustainable Agricultural Revolving Fund, no appropriations may be made from the Department of Agriculture's annual budget. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, p. 64.

(a) The Commissioner may charge any departments, bureau, division, board, or other government agency that is supported by the appropriations from the General Fund its proportionate share of the administrative expenses of the Department, or an amount that reasonably compensates the Department for the administrative services it rendered. (b) Subject to the approval of the Commissioner of Finance, the Commissioner shall establish the reasonable administrative fees for services rendered by the Department. (c) The administrative fees may not exceed five percent of the charge for services rendered to the departments, bureau, division, board or other agency. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, p. 64.

Pursuant to title 3 Virgin Islands Code § 935, the Commissioner shall promulgate rules and regulations establishing fees in accordance with this chapter. All fees implemented under the regulations must be published in a newspaper of general circulation twice per week for at least three consecutive weeks prior to their effective date. The rules, regulations, and fees promulgated by the Commissioner to effectuate this chapter take effect sixty days after promulgation. All fees collected under this chapter must be deposited into the Agriculture Revolving Fund, established in title 33, chapter 111, section 3018 of this Code. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, p. 65.

(a) The Commissioner may, in whole or in part, refund money paid as fees in any of the following instances: (1) The payer requests a refund of a fee before any examination or inspection has been performed or service rendered by the Department. (2) The payment of the fee, assessment or tax represents an overpayment, payment in duplicate, payment in error of the payer or the Department. (b) The fiscal officer of the Department shall make or issue a refund only upon receipt of a voucher from the Commissioner which sets forth the facts warranting the refund and which authorizes the refund. (c) If any money that is to be refunded has been deposited in the territory's treasury, the Commissioner of Finance, upon receipt of a claim that is filed by the Department, shall refund the monies from the fund to which the money was credited. (d) At his discretion, the Commissioner may decide not to attempt to collect amounts of $5 or less, if he determines that the cost associated with collection is prohibitive. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, p. 65.

(a) The Department of Agriculture in an effort to promote sustainable agriculture shall collaborate with the Department of Education and the Board of Education to incorporate agricultural science courses in the curriculum at all grade levels, including kindergarten, by: (1) providing agriculture programs, through the school system; (2) providing significant opportunities of vocational education in agriculture; and (3) developing programs to counsel school dropouts and rehabilitation programs for juvenile delinquents, first-time criminal offenders, and those being released from the prison system by providing alternative programs, such as agricultural training camps and employment opportunities in the agricultural industry. (b) The Commissioner shall collaborate with the Department of Justice to create sustainable prison farms as a means of providing supplemental food to the prison and as an alternative means of rehabilitation in the prison system for the development of prisoners who are released into society. (c) The Commissioner, in conjunction with the University of the Virgin Islands and the Department of Education, shall establish programs that further assists in the development of future agriculturists who will provide for the continued sustainable development of an agriculture industry, and provide adequate training in agricultural sciences to grant agriculturists certification. (d) (1) The Virgin Islands Department of Agriculture and the Department of Tourism shall host an agricultural conference known as the V.I. Agricultural Caribbean Conference annually and alternately in the District of St. Croix, and the District of St. Thomas and St. John which addresses topics that benefit agriculture, including: (A) Agri-tourism; (B) Imports and exports in the territory; (C) Empowerment of local farmers through innovation; (D) Pathways and interventions for agriculture; (E) The latest agricultural information for local farmers; (F) Disease and Pest Management; (G) Financial Reporting for Farmers; and (H) Such other topics the Department of Agriculture considers beneficial to agriculture and farmers in the territory. (2) The Department shall: (A) Serve as the lead agency in hosting the V.I. Agricultural Caribbean Conference; including finding sponsors, preparing the necessary documents, and disseminating information in a timely manner to the Department of Tourism; (B) Develop a minimum of three days of education and instruction for the Conference; and (C) Make arrangement for experts in the field of agriculture to speak at the V.I. Agricultural Caribbean Conference. (3) The Department of Tourism shall: (A) Allocate $50,000 of its budget towards the V.I. Agricultural Caribbean Conference by October 1 of each year; (B) Serve as the lead agency in promoting and marketing the event throughout the Caribbean, the United States Mainland, and other parts of the world; (C) Speak at the Conference on its vision and the benefits of agri-tourism in the Virgin Islands at the Conference; and (D) Collaborate with the private sector to hold a series of events and activities during the Conference to present opportunities for visitors to experience the Virgin Islands' culture, natural and historic places, entertainment, shopping, and other features. (4) The Department of Agriculture shall collaborate with the University of the Virgin Islands to gain access to the latest research, recommendations, and other information considered necessary to assist in promoting the conference. (5) The Bureau of Economic Research within the Office of Management [and Budget] shall conduct an economic impact analysis on each conference. (A) The analysis must, at a minimum, include lodging, transportation, and tax revenues, sales, and income to the Territory resulting from each conference. The Department of Tourism and the Department of Agriculture shall use this analysis to assist in making decisions to improve future conferences. (B) The Bureau of Economic Research shall complete the economic impact analysis mandated in this paragraph not later than 90 days after each conference and shall submit a copy of the analysis to the Legislature's Committee on Finance, the Commissioner of the Department of Agriculture, and the Commissioner of the Department of Tourism. (e) The Commissioner shall: (1) Conduct a program of incentives through a cost-sharing program; (2) Develop a program for assisting in the marketing of local agricultural products; (3) Maintain adequate livestock health services; (4) Develop a program, in conjunction with the University of the Virgin Islands Co-operative Extension Service, the Department of Education, and Department of Labor to encourage the processing of local agricultural produce and products; (5) Develop a program to assure a source of supply of forage and other resources needed for the livestock industry; and (6) Develop a program to make water available to farmers during times of drought. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, pp. 66, 67; amended May 19, 2020, No. 8306, § 1, Sess. L. 2020, p. 50-52.

(a) The Commissioner shall allow the lease holder of government property leased to farmers to construct a wooden structure or to put a trailer upon the leased premises. The Commissioner may not allow any masonry or similar type structure to be constructed on Government-leased farmland. All structures must be totally removed when a lease is expired or terminated, at the discretion of the Commissioner. (b) No leased farmland may consist of more than one-single family, non-masonry structure and one non- masonry storage/utility building, to every five-acre parcel. Any additional structure permitted may be at the discretion of the Commissioner. Farmers must notify and receive approval from the Commissioner, in writing, thirty days before erecting or establishing any structure on leased farmland. (c) No poured foundations for structures and storage/utilities are allowed on Government leased farmland. (d) Nothing in this section relieves the lease holder from obtaining the necessary building permits required by the Department of Planning and Natural Resources. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, p. 67.

The provisions of this chapter, insofar as they are substantially the same as existing law, are restatements and continuations of existing law, and not new enactments. The enactment of this chapter does not impair any privilege granted or right acquired under any laws of the Virgin Islands prior to the date it takes affect. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, p. 67.

(a) Any person who willfully fails to make a report, as required in § 6 of this chapter, or willfully makes a false report shall have their license or farm registration suspended, and a new license or registration may not be issued until the report is made or a true report is filed with the Commissioner. (b) Any person who willfully violates any provision of this chapter shall be punished by a fine of not less than $100 or more than $500. Any person who violates any provision of this section twice shall be punished by a fine of $300, but not more than $800. Any person who violates the provisions of this section more than twice within a two-year period shall be punished by not more than one year in prison and a fine of not more than $1,000. All fines collected under this section must be deposited in the Agriculture Revolving Fund. (c) Any person engaged in the selling of produce shall obtain a vendor's license from the Department of Licensing and Consumer Affairs. Anyone found selling produce without a vendor's license shall be fined, not less than $250, which must be paid within 45 days after it is assessed. (d) A person who fails to pay the fine within forty-five days shall have his farming license suspended for a period of not less than one year. (e) Failure to pay fine within twelve months results in the forfeiture of farming license and leased government farmland. (f) Any person found guilty of stealing, or vandalizing produce, farm equipment or farm products shall reimburse the owner the value of the stolen or vandalized property and is subject to six-month's imprisonment and a fine of not more than $500. (g) Failure to comply with any provision of this chapter by any farmer disqualifies the farmer from receiving any benefits offered by the Department. (h) The Department of Agriculture shall notify the appropriate agencies of any violations of this section. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, pp. 67, 68.

The Attorney General shall prosecute all offenses committed in violation of this chapter. History: Added May 17, 2006, No. 6836, § 1, Sess. L. 2006, p. 68.

(a) The Julie Mango is the fruit of choice of the Virgin Islands. (b) In collaboration with the Agriculture Department and our local farmers, the University of the Virgin Islands shall host annual workshops and demonstrations on mango production and marketing. (c) The Department of Agriculture shall set aside acreage for mango development on St. Thomas, St. John and St. Croix to develop harvesting and production of factories of mangoes. (d) The Department of Agriculture shall establish and implement the Julie Mango in Every Yard Program to encourage private residents of the Virgin Islands to dedicate a portion of their land for at least one Julie Mango Tree. (e) The program established by the Department of Agriculture must provide financial incentive to Virgin Islands residents who grow Julie Mango trees in their yard through an established purchasing program that buys from each owner a percentage of their Julie mango tree harvest. Through funds appropriated by the Legislature from time to time, the Department of Agriculture shall develop the purchasing program for residents who partake in the Julie Mango in Every Yard Program. The Department of Agriculture shall include the Julie Mango in Every Yard Program in its annual budget requests. (f) The Department of Tourism shall assist the Department of Agriculture in promoting the Julie Mango in Every Yard Program locally and nationally to encourage productions by residents who live in the territory and owners of land in the Virgin Islands who live abroad. (g) The Department of Tourism shall include Julie Mango value-added products in tourism promotions, conferences and special events. History: Added Oct. 15, 2013, No. 7534, § 1, Sess. L. 2013, p. 144-145.

This subchapter may be cited as the Supplemental Nutrition Assistance Program Fresh Food Access and Farmers' Market Technology Improvement Program Act. History: Added May 16, 2014, No. 7597, § 1, Sess. L. 2014, p. 93.

As used in this subchapter, unless it is otherwise provided or the context requires a different construction, application, or meaning: "Farmers' market" means a nontraditional fresh food market, licensed by the United States Department of Agriculture's Food and Nutrition Service to accept SNAP benefits, where farmers, fishermen or growers sell a variety of fresh fruits and vegetables and other locally-grown or caught food products directly to consumers. "EBT card" means an electronic benefits transfer card issued by the Department of Human Services for the purpose of enabling a user of the card to obtain SNAP (formerly known as food stamps) benefits or cash. "Program" means the SNAP Fresh Food Access and Farmers' Market Technology Improvement Program. "SNAP" means Supplemental Nutrition Assistance Program, formerly known as "Food Stamps". History: Added May 16, 2014, No. 7597, § 1, Sess. L. 2014, p. 93, 94.

The Department of Human Services and the Department of Agriculture shall implement a SNAP Fresh Food Access and Farmers' Market Technology Improvement Program. The purpose of the Program is to increase access to fresh fruits and vegetables and other eligible food products, including quality meat, seafood and dairy, for Virgin Islands residents by allowing SNAP participants to utilize their EBT cards at farmers' markets. The Department of Human Services and the Department of Agriculture shall solicit federal and territorial funding for the purpose of implementing the Program. History: Added May 16, 2014, No. 7597, § 1, Sess. L. 2014, p. 94.

The Department of Human Services, after consultation with the Department of Agriculture and the Public Finance Authority, shall adopt and promulgate necessary regulations governing the SNAP Fresh Food Access and Farmers' Market Technology Improvement Program and shall implement the program by July 1, 2014. History: Added May 16, 2014, No. 7597, § 1, Sess. L. 2014, p. 94.

(a) A Local Food and Farm Council is established within the University of the Virgin Islands for budgetary purposes only. The Local Food and Farm Council is composed of 11 members, with each nongovernmental member serving a three-year term. A member may serve until the member's successor is appointed and qualified. The Governor may remove any member. (b) The Local Food and Farm Council is composed of: (1) The Commissioner of the V.I. Department of Agriculture, or designee. (2) The President of the University of the Virgin Islands, or designee; (3) The Dean of the University of the Virgin Islands School of Agriculture, or designee; (4) The Executive Director of the V.I. Economic DevelopmV.I. Economic Developmentignee; (5) The Commissioner of the V.I. Department of Education, or designee; (6) The Commissioner of the V.I. Department of Planning and Natural Resources, or designee; (7) Five community members appointed by the Governor, with the advice and consent of the Legislature, including three licensed Virgin Islands farmers of livestock or crops-one from St. Croix, one from St. Thomas and one from St. John, and two food industry representatives-one from each district, being either a licensed wholesaler, grocer or restauranter. (8) Each member of the Council shall receive $100 for each day or part thereof spent in the attendance of official meetings, plus actual travel expenses when the member must travel from the island of his residence to attend an official meeting. (c) The Local Food and Farm Council, among other responsibilities prescribed in the Virgin Islands Agricultural Plan, shall: (1) Make necessary amendments to the Virgin Islands Agriculture Plan; (2) Make recommendations for changes to existing law or policy and respond to any requests by the Legislature for policy or funding recommendations as legislated; (3) Advise the Local Food and Farm Coordinator; (4) Collect and evaluate the production and marketing data of critical local food systems; (5) Participate in grant decision-making processes, in an advisory capacity; (6) Collaborate with local and federal governmental agencies, non-profit organizations and business to research, explore, and enhance food security opportunities available to the Virgin Islands; (7) Conduct community outreach and engagement surveys, townhalls and other meetings; (8) Promulgate guidelines for the use of the Local Farmers Food Fund; (9) Promulgate regulations in furtherance of the implementation and development of the Agricultural Plan; (10) Regularly monitor the Agricultural Plan, conduct an annual assessment of its effectiveness, and deliver a report to the Legislature and the Governor; and (11) Perform any other tasks assigned by the Governor or prescribed by law to carry out its objectives of sustaining and supporting the growth of agricultural productivity over time. History: Added Apr. 25, 2023, No. 8716, § 1, Sess. L. 2023, p. 31, 32.

(a) There is created within the Department of Agriculture an Agriculture in the Classroom Council (hereinafter referred to as "the Council"), to be composed of three (3) members. The three (3) member of the Council shall be the Commissioner of the Department of Agriculture or the Commissioner's designee, a representative of the Commissioner of the Department of Education, and a representative of the Cooperative Extension Service of the University of the Virgin Islands. (b) Members of the Council shall select a Chairman from among their number at the first Council meeting, which Chairman shall serve in said capacity for the remainder of his term. The Council shall meet at least monthly, and more often at the request of the Governor, the call of the Chairman or by written request of at least one of its members. All Council members shall receive all necessary travel expenses incurred for each day or part thereof spent in the performance of their duties. (c) The powers and duties of the Council shall be as follows: (1) monitor the quality and condition of the agriculture education in the public school system; (2) develop recommendations to the Legislature and the Governor, and provide review for agriculture education programs in the Virgin Islands; (3) provide technical assistance and guidance to the Department of Education in the implementation of the Virgin Islands' agriculture education policy and the development of appropriate curriculum guidelines; (4) assist the Department of Education in providing training programs for public school teachers in agricultural curriculum and activities; (5) coordinate the Virgin Islands' agriculture education policy across all programs and institutions; (6) identify the critical needs for agriculture educators; (7) establish and maintain an increased awareness of agriculture education and its continued need to all residents of the Virgin Islands; (8) gain broad public support for agriculture education in the Virgin Islands; and (9) report annually on its activities to the Senate committee with jurisdiction in the area of agriculture. History: Added May 14, 2012, No. 7352, § 2, Sess. L. 2012, pp. 51-53.

It is declared to be the policy of the Legislature to provide for the conservation and development of the soil, water and other natural resources of the United States Virgin Islands, including, but not limited to the prevention and control of soil erosion, the prevention of flood-water and sediment damage, and the furthering of the conservation, development, utilization, and disposal of water. History: Amended July 2, 1965, No. 1475, Sess. L. 1965, Pt. I, p. 361; Dec. 27, 1973, No. 3506, § 1, Sess. L. 1973, p. 296.

Wherever used or referred to in sections 41 - 49 of this title, unless a different meaning clearly appears from the context- (1) "District" means the Virgin Islands Conservation District created by the provisions of sections 41 through 49 of this title. (2) "Board" or "Board of Supervisors" means the governing body of the district; (3) "Supervisor" means one of the members of the governing body of the district; (4) "Land occupier" or "occupier of land" means any person, firm or corporation who holds title to, or is in possession of any farm lands, other than publicly owned lands, lying within the district, whether as owner, lessee, renter, or owner's agent; and (5) [Repealed.] History: Amended July 2, 1965, No. 1475, Sess. L. 1965, Pt. I, p. 361; Dec. 27, 1973, No. 3506, § 2, Sess. L. 1973, p. 297.

There is established as a public body corporate and politic, to serve as a governmental subdivision and instrumentality of the United States Virgin Islands and to perform the functions conferred upon it in sections 41 - 49 of this title, the Virgin Islands Conservation District. The boundaries of the district shall coincide with the legal boundaries of the territory of the United States Virgin Islands, and all lands lying within the boundaries of the territory of the United States Virgin Islands are recognized as lying within the boundaries of the district and entitled to the privilege of participating in the district program for the conservation and development of soil, water, and related resources and proper land use. History: Amended July 2, 1965, No. 1475, Sess. L. 1965, Pt. I, p. 361; Dec. 27, 1973, No. 3506, § 3, Sess. L. 1973, p. 297.

There is established a Board of Supervisors of the Virgin Islands Conservation District to serve as the governing body of the district and to perform the functions conferred upon the district and the board in sections 41 - 49 of this title. History: Amended July 2, 1965, No. 1475, Sess. L. 1965, Pt. I, p. 361; Dec. 27, 1973, No. 3506, § 4, Sess. L. 1973, p. 297.

(a) (1) The Board of Supervisors shall be composed of eleven members. Six shall be "land occupiers" appointed by the Governor and confirmed by the Legislature from a list submitted by the Commissioner of Agriculture in consultation with the Virgin Islands Conservation District. Three shall be appointed from St. Croix, two from St. Thomas and one from St. John (none of whom may be employees of the Government of the United States or the Government of the United States Virgin Islands). (2) Three members shall be appointed by the Governor of the United States Virgin Islands and confirmed by the Legislature from among the members of the Virgin Islands Planning Board, one from each of the three islands. (3) Two members shall be appointed by the Governor of the United States Virgin Islands and confirmed by the Legislature who have nonagricultural interests, one from St. Croix and one from St. Thomas-St. John. (b) The term of office for Supervisors shall be three years, except that of those first appointed. Of the five Supervisors first appointed from St. Croix, one shall serve for one year, two for two years and two for three years. Of the four Supervisors from St. Thomas one shall serve for one year, one for two years and two for three years. Of the two Supervisors from St. John, one shall serve for two years and one for three years. A Supervisor shall hold office until his successor has been appointed and qualified. Vacancies shall be filled for the unexpired term. The selection of successors to fill new or unexpired terms shall be done in the same manner as herein provided for initial members of the Board. Any member who misses four consecutive meetings without notifying the Secretary of the Board of Supervisors prior to the meeting shall be replaced and a new Supervisor appointed. Supervisors may be removed for cause by the Governor. (c) The Board of Supervisors shall designate its officers and may from time to time change such designation. A majority of the supervisors shall constitute a quorum and the concurrence of a majority upon any official matter shall be required for its determination. Supervisors shall receive no compensation for services, but shall be entitled to travel expenses and per diem for other expenses necessarily incurred in the discharge of their official duties, as provided by law. The Board of Supervisors may employ and fix the compensation of such officers and employees as they may require. They shall provide for surety bonds for employees or officers who are entrusted with funds, in amounts to be determined by the Governor of the United States Virgin Islands, and the premium on such bonds shall be paid from the Treasury of the United States Virgin Islands. The supervisors may perform such acts and promulgate such rules and regulations as may be necessary for the execution of the functions of the board as herein provided, except that the board shall not obligate the district for any expenditures in excess of funds available to it through appropriations, allocations, or otherwise. They shall keep a record of proceedings, resolutions, regulations, and orders issued and adopted, and accounts of receipts and disbursements; and they shall furnish to the Governor of the United States Virgin Islands and to the Legislature copies of such documents, instruments, or information concerning their activities as the Governor or the Legislature may request. History: Added June 24, 1958, No. 335, § 18; amended Oct. 2, 1959, No. 493, Sess. L. 1959, p. 169; Mar. 17, 1965, No. 1343, § 3, Sess. L. 1965, Pt. I. p. 76; July 2, 1965, No. 1475, Sess. L. 1965, Pt. I. p. 361; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II, p. 47; Dec. 27, 1973, No. 3506, § 5, Sess. L. 1973, p. 297; June 1, 1984, No. 4951, § 6, Sess. L. 1984, p. 153; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

The district and its supervisors shall have the following powers, in addition to others granted in sections 41 - 49 of this title: (1) to provide for, encourage, and conduct surveys, investigations, and research relating to the conservation and development of soil, water, and related resources, the prevention and control of erosion, the prevention of floodwater and sediment damages, and the conservation, development, utilization, and disposal of water, and the preventive and control measures and works of improvement needed, and to publish and disseminate information concerning such measures and works of improvements; (2) to provide for, encourage, and conduct demonstrations relative to the control and prevention of erosion, and the conservation of soil and water resources, and to carry out preventive and control measures and works of improvement within the district including engineering operations, methods of cultivation, the growing of vegetation, changes in the use of land, and measures and works of improvement for the purposes mentioned in paragraph (1) of this section, on publicly owned lands within the district with the consent or cooperation of the agency having jurisdiction thereof, and on other lands in the district with the consent of the occupier of such lands; (3) to cooperate or enter into agreements with, and to furnish financial or other aid, including labor, machinery, equipment, fertilizer, seeds and other material to, any agency or any occupier of lands, for carrying on erosion control and prevention operations, or measures or works of improvement for any of the purposes mentioned in paragraphs (1) and (2) of this section, subject to such conditions as the supervisors may deem necessary; (4) to acquire property, real or personal, or rights or interests therein; to maintain, administer, and improve such property, receive income from it, and expend such income in carrying out the purposes of sections 41 - 49 of this title; and to sell, lease, or otherwise dispose of any such property; (5) to construct, improve, operate, and maintain any structures necessary for carrying out the purposes of sections 41 - 49 of this title; (6) to develop for all or any part of the district comprehensive plans for the conservation of soil and water resources and the control and prevention of erosion within the district, as well as for any of the purposes mentioned in paragraphs (1) and (2) of this section, which plans shall specify in such detail as may be practicable the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans including the specifications of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in use of land; and to publish or otherwise bring the plans to the attention of land occupiers; (7) to act as agent for the United States of America, or the Government of the United States Virgin Islands or any of its agencies, in connection with the acquisition or administration of any soil and water conservation or erosion-control or prevention project within its boundaries; (8) to accept contributions in money, services, materials, or otherwise, from any source, and to use or expend them in carrying on its operations; (9) to sue and be sued; to have a seal, which seal shall be judicially noticed; to make and execute any necessary contracts or other instruments; and (10) as a condition to the extending of benefits, or the performance of work upon lands under section 41 - 49 of this title, the supervisors may require land occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion thereon. (11) To implement and administer the Environmental Protection Program established by Title 12, chapter 13 of the Code. History: Amended July 2, 1965, No. 1475, Sess. L. 1965, Pt. I, p. 361; Dec. 27, 1973, No. 3506, § 6, Sess. L. 1973, p. 298.

Agencies of the Government of the United States Virgin Islands shall cooperate with the district in the effectuation of programs and operations of the district. History: Amended July 2, 1965, No. 1475, Sess. L. 1965, Pt. I, p. 361; Dec. 27, 1973, No. 3506, § 7, Sess. L. 1973, p. 298.

Sections 41 - 49 of this title shall remain in force and effect for not less than five years after its enactment and for successive periods of five years thereafter, except as amended. At the end of the first five-year period, or any successive five-year period, the Legislature may take under consideration whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the Legislature determines in favor of the discontinuance of the district, it shall repeal sections 41 - 49 of this title in accordance with regular procedure for repealing acts of the Legislature, and shall notify the supervisors of the district. Upon receipt of notice from the Legislature that sections 41 - 49 of this title have been repealed, the supervisors shall terminate the affairs of the district. They shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to the Governor of the United States Virgin Islands for the account of the Treasury of the United States Virgin Islands, and shall render to the Governor a full accounting of such properties and proceeds of the sale. All contracts theretofore entered into, to which the district is a party, shall remain in force and effect for the period provided in such contracts. History: Amended July 2, 1965, No. 1475, Sess. L. 1965, Pt. I, p. 361.

Such sums as may be required for the use of the Board of Supervisors of the district in carrying out any of the purposes of sections 41 - 49 of this title shall be provided for by legislative appropriation. History: Amended July 2, 1965, No. 1475, Sess. L. 1965, Pt. I, p. 361; Dec. 27, 1973, No. 3506, § 8, Sess. L. 1973, p. 299.

The sum of $30,000 is hereby appropriated out of any funds in the Treasury of the United States Virgin Islands fiscal year July 1, 1964, to June 30, 1965, and entered as a special item in the appropriation of the Department of Agriculture and shall be known as the Special Conservation Fund. History: Apr. 1, 1964, No. 1113, § 1, Sess. L. 1964, p. 59; amended Mar. 17, 1965, No. 1343, § 3, Sess. L. 1965, Pt. I, p. 76; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II, p. 47; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

The Special Conservation Fund shall be administered in accordance with the rules and regulations of the Commissioner of Agriculture after consultation with representatives of the Area Agricultural Conservation Program. History: Apr. 1, 1964, No. 1113, § 2, Sess. L. 1964, p. 59; amended Mar. 17, 1965, No. 1343, § 3, Sess. L. 1965, Pt. I, p. 76; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II, p. 47; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

An individual farmer eligible for benefits under the Agricultural Conservation Program shall be entitled to receive assistance out of the funds contributed by the Government of the United States Virgin Islands up to such amounts so that the total assistance received under the federal and insular contributions does not exceed $5,000 in any one fiscal year. Any unexpended balances in the Special Conservation Fund shall remain therein and be carried over for the use in the next succeeding budget period. History: Apr. 1, 1964, No. 1113, § 3, Sess. L. 1964, p. 59.

There is hereby authorized to be appropriated in the annual budgets of the Department of Agriculture a special item in such amount as the Legislature may deem appropriate as a contribution to the Special Conservation Fund. History: Mar. 8, 1962, No. 827, § 4, Sess. L. 1962, p. 65; amended Mar. 17, 1965, No. 1343, § 3, Sess. L. 1965, Pt. I, p. 76; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II, p. 47; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

of Government The Government of the United States Virgin Islands is authorized to share with farmers in the United States Virgin Islands the cost of subsoiling cropland and pasture land to a depth that will effectively shatter the hardpan to permit better water penetration and increase the water table. History: Added June 14, 1960, No. 620, § 1, Sess. L. 1960, p. 141.

Any farmer desirous of obtaining the benefit of Government cost-sharing in subsoiling under sections 51 - 55 of this title shall submit a request for such through the Board of Supervisors of the Virgin Islands Soil Conservation District. The said Board shall pass upon all such requests and submit its recommendations to the Commissioner of Agriculture for final determination by such Commissioner as to the sharing of costs by the Government. In addition to such other requirements or conditions as may be prescribed by the Commissioner of Agriculture, no subsoiling costs may be shared by the Government under said sections unless the request for cost-sharing and approval by the Commission is made prior to the undertaking of the subsoiling. History: Added June 14, 1960, No. 620, § 1, Sess. L. 1960, p. 141; amended Mar. 17, 1965, No. 1343, § 3, Sess. L. 1965, Pt. I, p. 76; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II, p. 47; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

To qualify for cost-sharing, subsoiling must be performed only on land which can be benefited by such practice, and where such subsoiling will aid in the increase of the water table. Subsoiling must be performed to a minimum depth of 14 inches and a maximum spacing interval of 4 feet. On sloping land, subsoiling must be done following the appropriate contours of the land. History: Added June 14, 1960, No. 620, § 1, Sess. L. 1960, p. 141.

The sharing of costs hereunder by the Government shall be limited to the rate of $5 for each acre subsoiled, regardless of the number of operations on the same acreage. History: Added June 14, 1960, No. 620, § 1, Sess. L. 1960, p. 141.

The Commissioner of Agriculture shall administer the provisions of sections 51 - 54 of this title, and for such purposes is authorized- (a) to cooperate with any other governmental department or agency; and (b) to issue all such rules and regulations necessary to effectuate the purposes and provisions of the said sections. History: Added June 14, 1960, No. 620, § 1, Sess. L. 1960, p. 141; amended Mar. 17, 1965, No. 1343, § 3, Sess. L. 1965, Pt. I, p. 76; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II, p. 47; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

History: Repealed. Jan. 8, 1959, No. 385, § 3, Sess. L. 1958, p. 180.

The Commissioner of Agriculture may issue quarantine regulations to prevent the importation into the United States Virgin Islands of diseased or infected plants, seed or other organic matter, and may issue all necessary regulations for inspection to effect the object herein specified. History: Amended Jan. 8, 1959, No. 385, § 3, Sess. L. 1958, p. 180; Mar. 17, 1965, No. 1343, § 3, Sess. L. 1965, Pt. I, p. 76; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II, p. 47; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

Whoever violates any of the regulations issued under section 121 of this title shall be fined not more than $100.

The Legislature hereby finds and declares that it is necessary in the interest of the public health and safety, and the protection of the economic interests of the United States Virgin Islands to prevent the entry of dangerous and destructive plant pests into the territory. History: Apr. 2, 1964, No. 1169, § 1, Sess. L. 1964, p. 174.

All shipments of nursery stock or any material capable of carrying plant pests brought into the United States Virgin Islands shall be subject to inspection by a qualified inspector of the Department of Agriculture. (a) Upon determination of need therefor, additional restrictions may be imposed by the Commissioner of Agriculture on specific plant pests or plant pests carriers by rules and regulations issued after adequate public notice and hearing and subject to the approval of the Governor, but all such restrictions shall be the least stringent possible compatible with the adequate protection of plants and plant products of the United States Virgin Islands. (b) As used herein plant pests mean any organisms or insects capable of causing directly or indirectly, injury or disease to plant or plant parts. History: Apr. 2, 1964, No. 1169, § 2, Sess. L. 1964, p. 174; amended Mar. 17, 1965, No. 1343, § 3, Sess. L. 1965, Pt. I, p. 76; Aug. 30, 1965, No. 1520, Sess. L. 1965, Pt. I, p. 475; Mar. 3, 1967, No. 1862, § 1, Sess. L. 1967, p. 30; June 4, 1968, No. 2238, § 14, Sess. L. 1968, Pt. II. p, 47; May 8, 1995, No. 6070, § 14, Sess. L. 1995, p. 182.

The Legislature of the United States Virgin Islands hereby accepts the benefits of the provisions of: (1) The Act of June 7, 1924, ch. 348, 43 Stat. 653, as amended, commonly known as the "Clarke McNary Act", or any acts amendatory thereof or supplementary thereto; and (2) The Act of August 25, 1950, ch. 781, 64 Stat. 473, as amended, commonly known as the "Co-operative Forest Management Act", or any acts amendatory thereof or supplementary thereto. History: Mar. 10, 1967, No. 1873, § 3, Sess. L. 1967, p. 39, 40.

This chapter may be cited as the "Farmer's, Fishermen and Consumers Assistance Act of 2011". History: Added Dec. 15, 2011, No. 7333, § 1, Sess. L. 2011, p. 316.

For the purposes of this chapter, the term: (a) "A person engaged in agriculture" means any individual, partnership, firm, cooperative or corporation engaged in any business listed in this section, whose income is wholly or partially derived from fishing or the production of food, including but not limited to: (1) the tilling of the soil to raise any fruit, grain, or vegetable; or (2) the propagation of vegetable seedlings and fruit tree saplings; or (3) the raising of livestock for meat, poultry, eggs, milk, or other dairy products; or (4) the catching of fish; or (5) the production of honey and other apiary products; or (6) the propagation and rearing of any aquatic species for human consumption; or (7) the production, manufacture, canning or processing of food products, or by-products, (8) agritourism activities, to include farm tours, seminars, farm classes, field days or farm food events, and farm stays. (b) "Property devoted to agriculture" means all real property primarily used in the business of farming to include propagation as described in subsection (a) of this section. (c) "Agriculture operations" means the business of any person engaged in fishing or food production, to include propagation. History: Added Dec. 15, 2011, No. 7333, § 1, Sess. L. 2011, p. 316.

Any person who on or before January 1, 2011, was engaged in agriculture as defined in this chapter, or who after January 1, 2011, becomes engaged in agriculture, and who continues to be engaged in agriculture, shall be exempt from payment to the Government of the Virgin Islands of the following: (a) any trade or excise taxes on building materials, supplies, equipment or implements used in connection with and the operation of his agriculture operations; and (b) franchise taxes and license fees directly related to and arising from his agriculture operations, provided, however, that he shall be required to pay a one dollar fee to the Department of Licensing and Consumer Affairs for the purpose of doing business in the Territory, and provided further that he shall be required to pay automobile license fees on any automobiles he may own; and (c) gross receipts taxes on sales of products derived from his agriculture operations; and (d) all fees for the operation of a motorboat or other vessel assessed pursuant to title 25, chapter 15 of the Virgin Islands Code, provided that the motorboat or vessel is directly related to and substantially a part of his agricultural operations. History: Added Dec. 15, 2011, No. 7333, § 1, Sess. L. 2011, p. 317.

The Commissioner of Agriculture, subject to the approval of the Governor, and in cooperation with the Commissioner of Finance and the Director of the Internal Revenue Bureau, shall issue, not later than sixty days after enactment of this chapter, such rules and regulations as he finds necessary to carry out the provisions of this chapter. History: Added Dec. 15, 2011, No. 7333, § 1, Sess. L. 2011, p. 317.

The Commissioner of Agriculture shall determine whether an applicant for the benefits provided under this chapter shall qualify under the provisions of this chapter for said exemptions and shall certify his findings to the Commissioner of Finance. Any person, individual, corporation or legal entity that provides false documents or statements, knowingly and with the intent of receiving benefits based on false information, shall be subject to fines established by the Department of Agriculture and prosecution as provided by the laws of the United States Virgin Islands. History: Added Dec. 15, 2011, No. 7333, § 1, Sess. L. 2011, pp. 317, 318.

Any applicant who qualifies for the exemptions provided in this chapter shall have refunded to him, from the Treasury of the United States Virgin Islands, any taxes or fees he may have paid on or after January 1, 2011, the payment of which he is exempt by virtue of this chapter. History: Added Dec. 15, 2011, No. 7333, § 1, Sess. L. 2011, p. 318.

(a) In addition to the exemptions provided in section 193 of this chapter, any applicant certified by the Commissioner of Agriculture as engaged in agriculture shall be entitled to a subsidy equal in amount to ninety percent of that portion of his annual income tax which was derived from agriculture and paid into the Treasury of the United States Virgin Islands. (b) The Commissioner of Finance is authorized and directed to pay from the Treasury of the United States Virgin Islands the amount of the subsidy provided in subsection (a) of this section to each applicant certified by the Commissioner of Agriculture as engaged in agriculture. (c) For the purpose of carrying out the provisions of this section, the Commissioner of Finance, subject to the approval of the Governor, shall issue such rules and regulations as he finds necessary within sixty days after the enactment of this chapter. (d) Any person, partnership, or corporation who is entitled to a subsidy benefit pursuant to subsection (a) of this section and who qualifies under section 934 of the Internal Revenue Code and all amendments thereto, and who is not otherwise disqualified under any applicable law, may elect to have his income tax liability reduced on a current basis in an amount equal to the subsidy benefit of subsection (a) and in lieu of such subsidy payment. History: Added Dec. 15, 2011, No. 7333, § 1, Sess. L. 2011, p. 318.

The Commissioner of Agriculture shall submit an annual report to the Governor and the Legislature of the Virgin Islands, not later than January 31 of each calendar year, in which he shall review and analyze the effectiveness of the programs established by this act and make recommendations to enhance or reduce benefits to farmers and fishermen. History: Added Dec. 15, 2011, No. 7333, § 2, Sess. L. 2011, pp. 318, 319.

(a) This section may be cited as the "Virgin Islands Native Aquatic Species Protection Act". (b) The "Virgin Islands Native Aquatic Species Protection Act" is hereby enacted to establish, maintain, and support by appropriations to the Department of Planning and Natural Resources (DPNR), efforts to develop strategies to protect Virgin Islands native aquatic species through control of invasive species and other methods, thus benefitting our aquatic ecosystem and our economy. (c) Definition. "Invasive Species", as similarly defined in Executive Order 13112, means an alien species or species complex whose introduction does or is likely to have an adverse impact in the Territory, causing economic or environmental harm or harm to human health. (d) The Department of Planning and Natural Resources is instructed and given the authority to form and adopt rules, regulations and guidelines for the implementation of an Aquatic Nuisance Subcommittee. This subcommittee shall be formed within 90 days of this bill being signed into law, and initial rules, regulations and guidelines for the subcommittee shall be adopted within 90 days of the formation of the subcommittee. The subcommittee shall be comprised of the appropriate government personnel, including the Commissioner of the Department of Planning and Natural Resources, representatives from the Department of Planning and Natural Resources Division of Fish and Wildlife, Coastal Zone Management, and Environmental Protection, and community members with relevant knowledge or expertise, to ensure a wide-ranging representation of the community. At a minimum, the guidelines, rules or regulations for the operation of the Aquatic Nuisance Subcommittee must address and include the following: (1) Implementing a Lionfish Response Management Plan that will include a strategy to: control lionfish populations through both targeted and opportunistic removal; implement a multi-tiered management approach that covers water depth below recreational diving limits and areas not frequented by water- based user groups such as recreational dive operators and spear fishermen; provide assistance and/or training for recreational and commercial fishermen, divers, and concerned citizens to encourage support in suppressing the lionfish population; and educate the public to increase public awareness of the lionfish threat; and (2) Conducting routine monitoring of aquatic ecosystems to detect aquatic invasive species before they become widespread; and (3) Proposing rapid response actions for other invasive species and preparing detailed rapid response plans that can be carried out quickly and effectively; and (4) Preventing further proliferation and/or minimizing the impact of harmful aquatic invasive species by ongoing control of established aquatic invasive populations, creative methods of control, and commercialization; and (5) Developing initiatives capable of building and expanding markets to control invasive aquatic species; and (6) Providing a recognition system for resource users participating in the program; and (7) Developing and implementing a sustainable long-term plan for the conservation of native aquatic species that includes immediate action to prevent the extinction of certain native aquatic species should government funds no longer be available; and (8) Developing criteria to provide assistance to concerned citizens who provide, within reasonable guidelines, the proof needed to receive incentives, grants, loans, in-kind assistance, or any other support for their assistance in managing aquatic invasive species. (e) The Department of Planning and Natural Resources is authorized to distribute, manage and operate the appropriations, grants, awards or other sources of funding provided, directly or indirectly related to this section, with the advice of the Aquatic Nuisance Subcommittee, to limit the proliferation of invasive aquatic species and to carry out the purpose and intent of this section. (f) The Department of Planning and Natural Resources or the Aquatic Nuisance Subcommittee is authorized to seek any additional funding to operate, manage and mitigate any environmental and economic damage caused by invasive aquatic species. (g) The Department of Planning and Natural Resources may issue permits to properly trained individuals to remove lionfish and other invasive species, as identified by the Department of Planning and Natural Resources, from protected waters, such as Buck Island and East End Marine Park. History: Added Sept. 17, 2012, No. 7407, § 1, Sess. L. 2012, p. 270-272.

In this subchapter, the following words, terms and phrases have the following meanings: (a) "Commission" means the Industrial Hemp Commission established in the Department of Agriculture. (b) "Commissioner" means the Commissioner of the Department of Agriculture, or the Commissioner's designee. (c) "Department" means the Virgin Islands Department of Agriculture. (d) "Hemp products" means all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and certified seed for cultivation if the seeds originate from industrial hemp. (e) "Industrial hemp" means the plant, Cannabis sativa L., and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry-weight basis. (f) "Seed research" means research conducted to develop or recreate better strains of industrial hemp, particularly for the purposes of seed production. (g) "Tetrahydrocannabinol" or "THC" means the natural substances contained in the plant, or in the resinous extractives of cannabis, or any substances, compounds, salts, or derivatives of the plant or chemicals and their isomers with similar chemical structure and pharmacological activity. History: Added Apr. 26, 2016, No. 7868, § 1, Sess. L. 2016, p. 48.

(a) A person growing industrial hemp for commercial purposes shall apply to the Commissioner for a farming license on a form prescribed by the Commissioner. (b) The application for the license must include the name and address of the applicant and the legal description of the land area to be used for the production of industrial hemp. (c) The Commissioner shall require each first-time applicant for a license to file a set of the applicant's fingerprints, taken by the Virgin Islands Police Department, and any other information necessary to complete a territory or state-wide and nationwide criminal history check with the criminal investigation bureau of the Department of Justice for territory or state processing and with the Federal Bureau of Investigation for federal processing. All of the costs associated with the criminal history check are the responsibility of the applicant. Criminal history records provided to the Department under this section are confidential. The Commissioner may use the records only to determine if an applicant is eligible to receive a license for the production of industrial hemp. (d) Before issuing a license under this subchapter, the Commissioner shall determine that the applicant has complied with all applicable requirements of the United States Department of Justice, Drug Enforcement Administration for the production, distribution and sale of industrial hemp. (e) If the applicant has completed the application process to the satisfaction of the Commissioner, the Commissioner shall issue a license that is valid for one year. An individual licensed under this section is presumed to be growing industrial hemp for commercial purposes. (f) In addition to the license from the Department, a person desiring to grow commercial hemp shall apply for a business license to the Department of Licensing and Consumer Affairs pursuant to title 27 Virgin Islands Code, chapter 9. (g) Persons interested in the retail or manufacturing of hemp products shall apply to the Department of Licensing and Consumer Affairs for a license. History: Added Apr. 26, 2016, No. 7868, § 1, Sess. L. 2016, p. 49.

(a) Every licensee shall file with the Commissioner: (1) documentation showing that the seeds planted are of a type and variety certified to contain no more than 0.3 percent tetrahydrocannabinol; and (2) a copy of any contract to grow industrial hemp. (b) Each licensee shall notify the Commissioner of the sale or distribution of any industrial hemp grown by the licensee, including, but not limited to the amount of industrial hemp sold at a given time. History: Added Apr. 26, 2016, No. 7868, § 1, Sess. L. 2016, p. 49.

The Commissioner and the University of the Virgin Islands shall promulgate regulations jointly for: (1) Testing of the industrial hemp during growth to determine tetrahydrocannabinol levels; (2) Supervision of the industrial hemp during its growth and harvest; (3) Assessment of a fee that is commensurate with the costs of the Commissioner's regulatory activities in licensing, testing and supervising industrial hemp production; (4) Production and sale of industrial hemp which are consistent with the regulations of the United States Department of Justice, Drug Enforcement Administration for the production, distribution and sale of industrial hemp; and (5) Any other regulations and procedures necessary to carry out the purposes of this subchapter. History: Added Apr. 26, 2016, No. 7868, § 1, Sess. L. 2016, p. 50.

All fees assessed under this subchapter must be deposited into the Agriculture Revolving Fund established in 33 V.I.C. § 3018 for use by the Commissioner to administer and enforce the provisions of this subchapter. History: Added Apr. 26, 2016, No. 7868, § 1, Sess. L. 2016, p. 50.

(a) It is a defense to criminal charges to the possession or cultivation of hemp if: (1) The defendant was growing industrial hemp pursuant to the provisions of this subchapter; (2) The defendant has a valid, applicable, controlled substances registration from the United States Department of Justice, Drug Enforcement Administration; and (3) The defendant has fully complied with all of the conditions of the controlled substances registration. (b) This section is not a defense to a charge of criminal sale or distribution of cannabis that does not meet the definition of industrial hemp. History: Added Apr. 26, 2016, No. 7868, § 1, Sess. L. 2016, p. 50.

(a) The Department of Agriculture in conjunction with the University of the Virgin Islands shall promote the research and development of markets for the Virgin Islands industrial hemp and products after the selection and establishment of the industrial hemp research program and the Industrial Hemp Commission, subject to the availability of adequate funds for these purposes. The Department shall work cooperatively with research programs established by the University of the Virgin Islands and other universities that conduct similar research programs. (b) The University of the Virgin Islands and other selected universities in their industrial hemp research programs shall undertake research of industrial hemp production in the Virgin Islands. The Department shall assist the industrial hemp research program in obtaining the necessary federal permits from the United States Drug Enforcement Agency or appropriate federal agency. In undertaking the industrial hemp research program, the universities may: (1) Grow industrial hemp to conduct agronomy research and analysis of required soils, growing conditions, and harvest methods relating to the production of industrial hemp for commercial products, including but not limited to hemp seed, paper, clothing, and oils; (2) Conduct seed research on various types of industrial hemp which are best suited for growing in the Virgin Islands, including but not limited to, seed availability, creation of Virgin Islands hybrid types, in-the-ground variety trials, and seed production. In no case may the THC levels exceed 0.3 percent; (3) Study the economic feasibility of developing an industrial hemp market in various types of industrial hemp which can be grown in the Virgin Islands; (4) Report on the estimated value-added benefits, including environmental benefits that Virgin Islands and state-side businesses would reap by having an industrial hemp market of Virgin Islands-grown industrial hemp varieties in the Territory; (5) Study the agronomy research being conducted worldwide relating to industrial hemp varieties, production, and utilization; (6) Research and promote Virgin Islands industrial hemp and hemp seed on the world market which can be grown on farms in the Territory; and (7) Study the feasibility of attracting private funding for the Virgin Islands industrial hemp research program. (c) The authorization granted in this section does not subject the industrial hemp research program or the selected universities wherever they are located to any criminal liability under the controlled substances laws of the Virgin Islands. This exemption from criminal liability is a limited exemption to be strictly construed and does not apply to any of the activities of the industrial hemp research program or the selected universities which are not expressly permitted in the authorization. (d) The authorization granted in this section does not alter, amend, or repeal by implication any provision of the laws of the Virgin Islands relating to controlled substances. (e) The University of the Virgin Islands and the Department of Agriculture shall notify the Virgin Islands Police Department and all other local law enforcement agencies of the duration, size and location of all industrial hemp plots. History: Added Apr. 26, 2016, No. 7868, § 1, Sess. L. 2016, p. 50-52.

(a) The Virgin Islands Industrial Hemp Commission is established within the Department of Agriculture and consists of at least eleven members as follows: (1) The President of the University of the Virgin Islands or the President's designee; (2) The chair of the Legislature's Committee on Economic Development, Agriculture & Planning or its successor: (3) The Commissioner of the Department of Agriculture or the Commissioner's designee; (4) The Commissioner of the Virgin Islands Police Department or the Commissioner's designee; (5) The Attorney General or the Attorney General's designee; (6) The Commissioner of the Department of Licensing and Consumers Affairs or the Commissioner's designee; (7) The Commissioner of the Department of Health or the Commissioner's designee; (8) Four members appointed by the Governor, of whom one must be a resident of the district of St. Croix, and one a resident of the district of St. Thomas and St. John. The four members appointed by the Governor must be one from each of the following groups: (A) Virgin Islands farmers with an interest in growing industrial hemp; (B) Retailers of industrial hemp products; (C) Wholesalers of industrial hemp products; and (D) Manufacturers of industrial hemp products. (b) A majority of the members of the Commission constitutes a quorum. The members shall elect one member to serve as chair. (c) The Commission shall meet quarterly and may meet more often upon the call of the chair or by the request of the majority of the members. (d) The Commission must be appointed by and shall conduct the first meeting 45 days after its formation. (e) Members of the Commission are entitled to receive $75.00 for each day or part of a day spent in the attendance of official meetings or performing official duties, plus actual travel expenses when the member must travel from the island of the member's residence to attend official meetings or perform official duties. (f) The Department of Agriculture shall provide staff services for the Commission. (g) The Commission shall develop recommendations on industrial hemp legislation and recommendations and legislation on the establishment and operation of a paper mill by the Government and annually thereafter report the recommendations to the Governor and to the Legislature's standing committee having jurisdiction over agricultural matters, with respect to industrial hemp policies and practices that will result in the proper, legal, growing, management, use, and marketing of the Territory's potential industrial hemp industry. These policies and practices must, at a minimum, address the following: (1) Federal laws and regulatory constraints; (2) The economic and financial feasibility of an industrial hemp market in the Virgin Islands and state- side businesses that utilizes industrial hemp; (3) Examination of research on industrial hemp production and utilization; (4) The potential for globally marketing Virgin Islands industrial hemp; (5) Feasibility study of private and federal funding for the Virgin Islands industrial hemp research program; (6) Law enforcement concerns; (7) Statutory and regulatory schemes for growing of industrial hemp by private producers; and (8) Technical support and education about industrial hemp. (h) The Commission shall also continue to monitor the research and development of industrial hemp in the United States and the Virgin Islands industrial hemp research program. History: Added Apr. 26, 2016, No. 7868, § 1, Sess. L. 2016, p. 52, 53; amended Jan. 21, 2021, No. 8426, § 1, Sess. L. 2020, p. 319.

The Department shall adopt the federal regulations regarding industrial hemp and any subsequent changes thereto. History: Added Apr. 26, 2016, No. 7868, § 1, Sess. L. 2016, p. 53.

History: Repealed. Feb. 2, 2023, No. 8700, § 1, Sess. L. 2023, p. -.

History: Repealed. Feb. 2, 2023, No. 8700, § 1, Sess. L. 2023, p. -.

History: Repealed. Feb. 2, 2023, No. 8700, § 1, Sess. L. 2023, p. -.

History: Repealed. Feb. 2, 2023, No. 8700, § 1, Sess. L. 2023, p. -.

History: Repealed. Feb. 2, 2023, No. 8700, § 1, Sess. L. 2023, p. -.

History: Repealed. Feb. 2, 2023, No. 8700, § 1, Sess. L. 2023, p. -.

History: Repealed. Feb. 2, 2023, No. 8700, § 1, Sess. L. 2023, p. -.

History: Repealed. Feb. 2, 2023, No. 8700, § 1, Sess. L. 2023, p. -.

History: Repealed. Feb. 2, 2023, No. 8700, § 1, Sess. L. 2023, p. -.