Virginia

Summary: This Virginia set of laws, enacted in 2018, relates to animal research. The section states that no manufacturer or contract testing facility shall use an animal test method when an alternative test method is available. The Attorney General may bring a civil action in the appropriate circuit court for injunctive relief to enforce the provisions of this article. Any person violating these provisions may result in a civil penalty of not more than $5,000 and any court costs and attorney fees.

Summary: This Virginia law states that no animal shall be permitted in any area used for the manufacture or storage of food products. However, a dog may be allowed in designated areas of a distillery, winery, or brewery as defined in the law.

Summary: This Virginia law, enacted in 2018, allows either party in a criminal proceeding to apply for an order from the court allowing a certified facility dog to be present with a witness testifying before the court through in-person testimony or testimony televised by two-way closed-circuit television. A court may allow if it several factors are found by a preponderance of the evidence. In this section, a “certified facility dog” means a dog that (i) has completed training and been certified by a program accredited by Assistance Dogs International or by another assistance dog organization that is a member of an organization whose main purpose is to improve training, placement, and utilization of assistance dogs and (ii) is accompanied by a duly trained handler.

Summary: Any person driving a motor vehicle who collides with a deer or bear may, upon compliance with relevant provisions, keep the deer or bear for his or her own use. The person shall immediately report the accident to a conservation police officer or other law-enforcement officer. If the officer believes that the deer or bear was killed by the collision, he shall award the animal to the person claiming the deer or bear, and shall give the person a certificate to that effect.

Summary: The appellant, John Dixon O'Malley was not charged with or convicted of any crime. However, he was issued a summons to determine whether his dog was dangerous pursuant to Virginia Code § 3.2–6540(A) and (B). The jury found O’Malley's dog to be dangerous under the Virginia Code due to attacking and injuring the dog of Randall Powell. O’Malley appealed the trial court decision to the Court of Appeals of Virginia. The Court of Appeals concluded that they did not have jurisdiction over the appeal due to being a court of limited jurisdiction. The Court relied on Virginia Code § 17.1–406(A) which provides that the Court of Appeals' appellate jurisdiction was limited to appeals from final criminal convictions. The Court of Appeals reasoned that no language in Code § 3.2–6540 characterized as criminal the proceeding to identify a canine as a dangerous dog. Therefore, the finding at the trial level that O’Malley's dog was dangerous was civil in nature. Because the finding was civil in nature, the Court of Appeals lacked subject matter jurisdiction over O’Malley’s appeal and the case was transferred to the Supreme Court of Virginia.

Summary: This Virginia law was signed by the Governor on April 1, 2016. The law provides that no law-enforcement officer, firefighter, emergency medical services personnel, or animal control officer who in good faith forcibly enters a motor vehicle in order to remove an unattended companion animal that is at risk of serious bodily injury or death shall be liable for any property damage to the vehicle entered or injury to the animal resulting from such forcible entry and removal of the animal, unless such property damage or injury results from gross negligence or willful or wanton misconduct.

Summary: Every keeper of a livery stable, hangar, tie-down, or marina, and every person pasturing or keeping any horses or other animals, boats, aircrafts, or harness, will have a lien for the amount that would be due for towing, storage, recovery, keeping, supporting, and care. The lien will be removed once the amount is paid.

Summary: The following regulations implement Virginia's exotic pet laws.

Summary: The following regulation lists what is considered unprofessional conduct by a Virginia veterinarian. Violation of this regulation may result in a refusal to grant or renew a license; or may result in a suspension or revocation of a license, as described in § 54.1-3807(5) of the Code of Virginia. Subsection 14 states that "[f]ailing to report suspected animal cruelty to the appropriate authorities" is unprofessional conduct.

Summary: In 2014, Virginia amended its Protective Order laws to grant petitioners possession of any “companion animal," so long as the petitioner is considered the owner. Companion animals include any family pets, such as dogs, cats, hamsters, etc., but do not include farm animals. To be considered an owner, a petitioner must either have a property interest in the animal, keep or house the animal, have the animal in their care, or have acted as a custodian of the animal. This new provision is now included in Virginia's Emergency Protective Orders, Preliminary Protective Orders, and Protective Orders.