Virginia 2025 Regular Session

Virginia House Bill HB2497 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025 SESSION
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3	3	INTRODUCED
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5	5	25103348D
6	6
7	7	HOUSE BILL NO. 2497
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9	9	Offered January 8, 2025
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11	11	Prefiled January 8, 2025
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13	13	A BILL to amend and reenact 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 3.2-102.1 and by adding in Title 59.1 a chapter numbered 58, consisting of sections numbered 59.1-607, 59.1-608, and 59.1-609, relating to Department of Agriculture and Consumer Services; electric vehicle battery suppliers; certification; penalties.
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17	17	PatronCordoza
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21	21	Committee Referral Pending
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25	25	Be it enacted by the General Assembly of Virginia:
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27	27	1. That 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 3.2-102.1 and by adding in Title 59.1 a chapter numbered 58, consisting of sections numbered 59.1-607, 59.1-608, and 59.1-609, as follows:
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29	29	3.2-102.1. Electric vehicle battery suppliers; certification required.
30	30
31	31	A. For purposes of this section:
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33	33	"Consumer transaction" means the same as that term is defined in 59.1-198, except that "consumer transaction" also means the advertisement, sale, lease, license, or offering for sale, lease, or license of electric vehicle batteries to be used for business or commercial purposes.
34	34
35	35	"Supplier" means a seller, lessor, licensor, or professional that advertises, solicits, or engages in consumer transactions of electric vehicle batteries or a manufacturer, distributor, or licensor that advertises and sells, leases, or licenses electric vehicle batteries to be resold, leased, or sublicensed by other persons in consumer transactions.
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37	37	B. No later than July 1, 2026, and annually thereafter, each supplier of electric vehicle batteries operating in the Commonwealth shall certify under penalty of perjury to the Commissioner that no electric vehicle batteries sold by such supplier in consumer transactions are manufactured in or sourced from African cobalt mines and that the manufacture or sourcing of such electric vehicle batteries involves no child or slave labor. An electric vehicle battery supplier may be required to submit other information as the Commissioner deems necessary for the issuance of a certificate of compliance.
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39	39	C. The Commissioner shall develop regulations regarding the issuance of a certificate of compliance for electric vehicle battery suppliers operating in the Commonwealth pursuant to the requirements of this section.
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41	41	59.1-200. (Effective until July 1, 2025) Prohibited practices.
42	42
43	43	A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
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45	45	1. Misrepresenting goods or services as those of another;
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47	47	2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
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49	49	3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
50	50
51	51	4. Misrepresenting geographic origin in connection with goods or services;
52	52
53	53	5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
54	54
55	55	6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
56	56
57	57	7. Advertising or offering for sale goods that are used, secondhand, repossessed, defective, blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects, or "not first class";
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59	59	8. Advertising goods or services with intent not to sell them as advertised, or with intent not to sell at the price or upon the terms advertised.
60	60
61	61	In any action brought under this subdivision, the refusal by any person, or any employee, agent, or servant thereof, to sell any goods or services advertised or offered for sale at the price or upon the terms advertised or offered, shall be prima facie evidence of a violation of this subdivision. This paragraph shall not apply when it is clearly and conspicuously stated in the advertisement or offer by which such goods or services are advertised or offered for sale, that the supplier or offeror has a limited quantity or amount of such goods or services for sale, and the supplier or offeror at the time of such advertisement or offer did in fact have or reasonably expected to have at least such quantity or amount for sale;
62	62
63	63	9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
64	64
65	65	10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
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67	67	11. Misrepresenting by the use of any written or documentary material that appears to be an invoice or bill for merchandise or services previously ordered;
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69	69	12. Notwithstanding any other provision of law, using in any manner the words "wholesale," "wholesaler," "factory," or "manufacturer" in the supplier's name, or to describe the nature of the supplier's business, unless the supplier is actually engaged primarily in selling at wholesale or in manufacturing the goods or services advertised or offered for sale;
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71	71	13. Using in any contract or lease any liquidated damage clause, penalty clause, or waiver of defense, or attempting to collect any liquidated damages or penalties under any clause, waiver, damages, or penalties that are void or unenforceable under any otherwise applicable laws of the Commonwealth, or under federal statutes or regulations;
72	72
73	73	13a. Failing to provide to a consumer, or failing to use or include in any written document or material provided to or executed by a consumer, in connection with a consumer transaction any statement, disclosure, notice, or other information however characterized when the supplier is required by 16 C.F.R. Part 433 to so provide, use, or include the statement, disclosure, notice, or other information in connection with the consumer transaction;
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75	75	14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
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77	77	15. Violating any provision of 3.2-6509, 3.2-6512, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515, 3.2-6516, or 3.2-6519 is a violation of this chapter;
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79	79	16. Failing to disclose all conditions, charges, or fees relating to:
80	80
81	81	a. The return of goods for refund, exchange, or credit. Such disclosure shall be by means of a sign attached to the goods, or placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the person obtaining the goods from the supplier. If the supplier does not permit a refund, exchange, or credit for return, he shall so state on a similar sign. The provisions of this subdivision shall not apply to any retail merchant who has a policy of providing, for a period of not less than 20 days after date of purchase, a cash refund or credit to the purchaser's credit card account for the return of defective, unused, or undamaged merchandise upon presentation of proof of purchase. In the case of merchandise paid for by check, the purchase shall be treated as a cash purchase and any refund may be delayed for a period of 10 banking days to allow for the check to clear. This subdivision does not apply to sale merchandise that is obviously distressed, out of date, post season, or otherwise reduced for clearance; nor does this subdivision apply to special order purchases where the purchaser has requested the supplier to order merchandise of a specific or unusual size, color, or brand not ordinarily carried in the store or the store's catalog; nor shall this subdivision apply in connection with a transaction for the sale or lease of motor vehicles, farm tractors, or motorcycles as defined in 46.2-100;
82	82
83	83	b. A layaway agreement. Such disclosure shall be furnished to the consumer (i) in writing at the time of the layaway agreement, or (ii) by means of a sign placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the consumer, or (iii) on the bill of sale. Disclosure shall include the conditions, charges, or fees in the event that a consumer breaches the agreement;
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85	85	16a. Failing to provide written notice to a consumer of an existing open-end credit balance in excess of $5 (i) on an account maintained by the supplier and (ii) resulting from such consumer's overpayment on such account. Suppliers shall give consumers written notice of such credit balances within 60 days of receiving overpayments. If the credit balance information is incorporated into statements of account furnished consumers by suppliers within such 60-day period, no separate or additional notice is required;
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87	87	17. If a supplier enters into a written agreement with a consumer to resolve a dispute that arises in connection with a consumer transaction, failing to adhere to the terms and conditions of such an agreement;
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89	89	18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
90	90
91	91	19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
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93	93	20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
94	94
95	95	21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
96	96
97	97	22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
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99	99	23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
100	100
101	101	24. Violating any provision of 54.1-1505;
102	102
103	103	25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
104	104
105	105	26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
106	106
107	107	27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
108	108
109	109	28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
110	110
111	111	29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
112	112
113	113	30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
114	114
115	115	31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
116	116
117	117	32. Violating any provision of 46.2-1231 and 46.2-1233.1;
118	118
119	119	33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
120	120
121	121	34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
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123	123	35. Using the consumer's social security number as the consumer's account number with the supplier, if the consumer has requested in writing that the supplier use an alternate number not associated with the consumer's social security number;
124	124
125	125	36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
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127	127	37. Violating any provision of 8.01-40.2;
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129	129	38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
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131	131	39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
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133	133	40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
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135	135	41. Violating any provision of the Virginia Post-Disaster Anti-Price Gouging Act, Chapter 46 ( 59.1-525 et seq.). For the purposes of this subdivision, "consumer transaction" has the same meaning as provided in 59.1-526;
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137	137	42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
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139	139	43. Violating any provision of 59.1-443.2;
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141	141	44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
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143	143	45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
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145	145	46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
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147	147	47. Violating any provision of 18.2-239;
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149	149	48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
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151	151	49. Selling, offering for sale, or manufacturing for sale a children's product the supplier knows or has reason to know was recalled by the U.S. Consumer Product Safety Commission. There is a rebuttable presumption that a supplier has reason to know a children's product was recalled if notice of the recall has been posted continuously at least 30 days before the sale, offer for sale, or manufacturing for sale on the website of the U.S. Consumer Product Safety Commission. This prohibition does not apply to children's products that are used, secondhand or "seconds";
152	152
153	153	50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
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155	155	51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
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157	157	52. Violating any provision of 8.2-317.1;
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159	159	53. Violating subsection A of 9.1-149.1;
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161	161	54. Selling, offering for sale, or using in the construction, remodeling, or repair of any residential dwelling in the Commonwealth, any drywall that the supplier knows or has reason to know is defective drywall. This subdivision shall not apply to the sale or offering for sale of any building or structure in which defective drywall has been permanently installed or affixed;
162	162
163	163	55. Engaging in fraudulent or improper or dishonest conduct as defined in 54.1-1118 while engaged in a transaction that was initiated (i) during a declared state of emergency as defined in 44-146.16 or (ii) to repair damage resulting from the event that prompted the declaration of a state of emergency, regardless of whether the supplier is licensed as a contractor in the Commonwealth pursuant to Chapter 11 ( 54.1-1100 et seq.) of Title 54.1;
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165	165	56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
166	166
167	167	57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
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169	169	58. Violating any provision of Chapter 17.8 ( 59.1-207.45 et seq.). For the purposes of this subdivision, "consumer transaction" also includes transactions involving an automatic renewal or continuous service offer by a supplier to a small business, as those terms are defined in 59.1-207.45;
170	170
171	171	59. Violating any provision of subsection E of 32.1-126;
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173	173	60. Violating any provision of 54.1-111 relating to the unlicensed practice of a profession licensed under Chapter 11 ( 54.1-1100 et seq.) or Chapter 21 ( 54.1-2100 et seq.) of Title 54.1;
174	174
175	175	61. Violating any provision of 2.2-2001.5;
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177	177	62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
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179	179	63. Violating any provision of 6.2-312;
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181	181	64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
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183	183	65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
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185	185	66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
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187	187	67. Knowingly violating any provision of 8.01-27.5;
188	188
189	189	68. Failing to, in accordance with 59.1-207.46, (i) make available a conspicuous online option to cancel a recurring purchase of a good or service or (ii) with respect to a free trial lasting more than 30 days, notify a consumer of his option to cancel such free trial within 30 days of the end of the trial period to avoid an obligation to pay for the goods or services;
190	190
191	191	69. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains a synthetic derivative of tetrahydrocannabinol. As used in this subdivision, "synthetic derivative" means a chemical compound produced by man through a chemical transformation to turn a compound into a different compound by adding or subtracting molecules to or from the original compound. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1;
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193	193	70. Selling or offering for sale to a person younger than 21 years of age any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1;
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195	195	71. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant packaging, as defined in 4.1-600; (ii) equipped with a label that states, in English and in a font no less than 1/16 of an inch, (a) that the substance contains tetrahydrocannabinol and may not be sold to persons younger than 21 years of age, (b) all ingredients contained in the substance, (c) the amount of such substance that constitutes a single serving, and (d) the total percentage and milligrams of tetrahydrocannabinol included in the substance and the number of milligrams of tetrahydrocannabinol that are contained in each serving; and (iii) accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International Organization of Standardization by a third-party accrediting body, that states the tetrahydrocannabinol concentration of the substance or the tetrahydrocannabinol concentration of the batch from which the substance originates. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1;
196	196
197	197	72. Manufacturing, offering for sale at retail, or selling at retail an industrial hemp extract, as defined in 3.2-5145.1, a food containing an industrial hemp extract, or a substance containing tetrahydrocannabinol that depicts or is in the shape of a human, animal, vehicle, or fruit;
198	198
199	199	73. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol and, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear the trademark, trade name, famous mark as defined in 15 U.S.C. 1125, or other identifying mark, imprint, or device, or any likeness thereof, of a manufacturer, processor, packer, or distributor of a product intended for human consumption other than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such substance;
200	200
201	201	74. Selling or offering for sale a topical hemp product, as defined in 3.2-4112, that does not include a label stating that the product is not intended for human consumption. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.), (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1, or (iii) apply to topical hemp products that were manufactured prior to July 1, 2023, provided that the person provides documentation of the date of manufacture if requested;
202	202
203	203	75. Violating any provision of 59.1-466.8;
204	204
205	205	76. Violating subsection F of 36-96.3:1;
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207	207	77. Selling or offering for sale (i) any kratom product to a person younger than 21 years of age or (ii) any kratom product that does not include a label listing all ingredients and with the following guidance: "This product may be harmful to your health, has not been evaluated by the FDA, and is not intended to diagnose, treat, cure, or prevent any disease." As used in this subdivision, "kratom" means any part of the leaf of the plant Mitragyna speciosa or any extract thereof;
208	208
209	209	78. Advertising of any ignition interlock system in Virginia by an ignition interlock vendor not approved by the Commission on the Virginia Alcohol Safety Action Program to operate in Virginia; targeted advertising of any ignition interlock system to a person before determination of guilt; and any advertising, whether before or after determination of guilt, without a conspicuous statement that such advertisement is not affiliated with any government agency. For purposes of this subdivision, "ignition interlock system" has the same meaning as ascribed to that term in 18.2-270.1 and "targeted advertising" has the same meaning ascribed to that term in 59.1-575 and includes direct mailings to an individual. This provision shall not apply to ignition interlock service vendor ads, pamphlets, or kiosk advertisements approved by the Commission on the Virginia Alcohol Safety Action Program and provided at a Commission-approved location;
210	210
211	211	79. Failing to disclose the total cost of a good or continuous service, as defined in 59.1-207.45, to a consumer, including any mandatory fees or charges, prior to entering into an agreement for the sale of any such good or provision of any such continuous service;
212	212
213	213	80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
214	214
215	215	81. Selling or offering for sale services as a professional mold remediator to be performed upon any residential dwelling without holding a mold remediation certification from the Institute of Inspection, Cleaning and Restoration Certification (IICRC); and
216	216
217	217	82. Willfully violating any provision of 59.1-444.4; and
218	218
219	219	83. Violating any provision of Chapter 58 ( 59.1-607 et seq.).
220	220
221	221	B. Nothing in this section shall be construed to invalidate or make unenforceable any contract or lease solely by reason of the failure of such contract or lease to comply with any other law of the Commonwealth or any federal statute or regulation, to the extent such other law, statute, or regulation provides that a violation of such law, statute, or regulation shall not invalidate or make unenforceable such contract or lease.
222	222
223	223	59.1-200. (Effective July 1, 2025) Prohibited practices.
224	224
225	225	A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
226	226
227	227	1. Misrepresenting goods or services as those of another;
228	228
229	229	2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
230	230
231	231	3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
232	232
233	233	4. Misrepresenting geographic origin in connection with goods or services;
234	234
235	235	5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
236	236
237	237	6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
238	238
239	239	7. Advertising or offering for sale goods that are used, secondhand, repossessed, defective, blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects, or "not first class";
240	240
241	241	8. Advertising goods or services with intent not to sell them as advertised, or with intent not to sell at the price or upon the terms advertised.
242	242
243	243	In any action brought under this subdivision, the refusal by any person, or any employee, agent, or servant thereof, to sell any goods or services advertised or offered for sale at the price or upon the terms advertised or offered, shall be prima facie evidence of a violation of this subdivision. This paragraph shall not apply when it is clearly and conspicuously stated in the advertisement or offer by which such goods or services are advertised or offered for sale, that the supplier or offeror has a limited quantity or amount of such goods or services for sale, and the supplier or offeror at the time of such advertisement or offer did in fact have or reasonably expected to have at least such quantity or amount for sale;
244	244
245	245	9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
246	246
247	247	10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
248	248
249	249	11. Misrepresenting by the use of any written or documentary material that appears to be an invoice or bill for merchandise or services previously ordered;
250	250
251	251	12. Notwithstanding any other provision of law, using in any manner the words "wholesale," "wholesaler," "factory," or "manufacturer" in the supplier's name, or to describe the nature of the supplier's business, unless the supplier is actually engaged primarily in selling at wholesale or in manufacturing the goods or services advertised or offered for sale;
252	252
253	253	13. Using in any contract or lease any liquidated damage clause, penalty clause, or waiver of defense, or attempting to collect any liquidated damages or penalties under any clause, waiver, damages, or penalties that are void or unenforceable under any otherwise applicable laws of the Commonwealth, or under federal statutes or regulations;
254	254
255	255	13a. Failing to provide to a consumer, or failing to use or include in any written document or material provided to or executed by a consumer, in connection with a consumer transaction any statement, disclosure, notice, or other information however characterized when the supplier is required by 16 C.F.R. Part 433 to so provide, use, or include the statement, disclosure, notice, or other information in connection with the consumer transaction;
256	256
257	257	14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
258	258
259	259	15. Violating any provision of 3.2-6509, 3.2-6512, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515, 3.2-6516, or 3.2-6519 is a violation of this chapter;
260	260
261	261	16. Failing to disclose all conditions, charges, or fees relating to:
262	262
263	263	a. The return of goods for refund, exchange, or credit. Such disclosure shall be by means of a sign attached to the goods, or placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the person obtaining the goods from the supplier. If the supplier does not permit a refund, exchange, or credit for return, he shall so state on a similar sign. The provisions of this subdivision shall not apply to any retail merchant who has a policy of providing, for a period of not less than 20 days after date of purchase, a cash refund or credit to the purchaser's credit card account for the return of defective, unused, or undamaged merchandise upon presentation of proof of purchase. In the case of merchandise paid for by check, the purchase shall be treated as a cash purchase and any refund may be delayed for a period of 10 banking days to allow for the check to clear. This subdivision does not apply to sale merchandise that is obviously distressed, out of date, post season, or otherwise reduced for clearance; nor does this subdivision apply to special order purchases where the purchaser has requested the supplier to order merchandise of a specific or unusual size, color, or brand not ordinarily carried in the store or the store's catalog; nor shall this subdivision apply in connection with a transaction for the sale or lease of motor vehicles, farm tractors, or motorcycles as defined in 46.2-100;
264	264
265	265	b. A layaway agreement. Such disclosure shall be furnished to the consumer (i) in writing at the time of the layaway agreement, or (ii) by means of a sign placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the consumer, or (iii) on the bill of sale. Disclosure shall include the conditions, charges, or fees in the event that a consumer breaches the agreement;
266	266
267	267	16a. Failing to provide written notice to a consumer of an existing open-end credit balance in excess of $5 (i) on an account maintained by the supplier and (ii) resulting from such consumer's overpayment on such account. Suppliers shall give consumers written notice of such credit balances within 60 days of receiving overpayments. If the credit balance information is incorporated into statements of account furnished consumers by suppliers within such 60-day period, no separate or additional notice is required;
268	268
269	269	17. If a supplier enters into a written agreement with a consumer to resolve a dispute that arises in connection with a consumer transaction, failing to adhere to the terms and conditions of such an agreement;
270	270
271	271	18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
272	272
273	273	19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
274	274
275	275	20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
276	276
277	277	21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
278	278
279	279	22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
280	280
281	281	23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
282	282
283	283	24. Violating any provision of 54.1-1505;
284	284
285	285	25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
286	286
287	287	26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
288	288
289	289	27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
290	290
291	291	28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
292	292
293	293	29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
294	294
295	295	30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
296	296
297	297	31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
298	298
299	299	32. Violating any provision of 46.2-1231 and 46.2-1233.1;
300	300
301	301	33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
302	302
303	303	34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
304	304
305	305	35. Using the consumer's social security number as the consumer's account number with the supplier, if the consumer has requested in writing that the supplier use an alternate number not associated with the consumer's social security number;
306	306
307	307	36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
308	308
309	309	37. Violating any provision of 8.01-40.2;
310	310
311	311	38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
312	312
313	313	39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
314	314
315	315	40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
316	316
317	317	41. Violating any provision of the Virginia Post-Disaster Anti-Price Gouging Act, Chapter 46 ( 59.1-525 et seq.). For the purposes of this subdivision, "consumer transaction" has the same meaning as provided in 59.1-526;
318	318
319	319	42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
320	320
321	321	43. Violating any provision of 59.1-443.2;
322	322
323	323	44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
324	324
325	325	45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
326	326
327	327	46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
328	328
329	329	47. Violating any provision of 18.2-239;
330	330
331	331	48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
332	332
333	333	49. Selling, offering for sale, or manufacturing for sale a children's product the supplier knows or has reason to know was recalled by the U.S. Consumer Product Safety Commission. There is a rebuttable presumption that a supplier has reason to know a children's product was recalled if notice of the recall has been posted continuously at least 30 days before the sale, offer for sale, or manufacturing for sale on the website of the U.S. Consumer Product Safety Commission. This prohibition does not apply to children's products that are used, secondhand or "seconds";
334	334
335	335	50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
336	336
337	337	51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
338	338
339	339	52. Violating any provision of 8.2-317.1;
340	340
341	341	53. Violating subsection A of 9.1-149.1;
342	342
343	343	54. Selling, offering for sale, or using in the construction, remodeling, or repair of any residential dwelling in the Commonwealth, any drywall that the supplier knows or has reason to know is defective drywall. This subdivision shall not apply to the sale or offering for sale of any building or structure in which defective drywall has been permanently installed or affixed;
344	344
345	345	55. Engaging in fraudulent or improper or dishonest conduct as defined in 54.1-1118 while engaged in a transaction that was initiated (i) during a declared state of emergency as defined in 44-146.16 or (ii) to repair damage resulting from the event that prompted the declaration of a state of emergency, regardless of whether the supplier is licensed as a contractor in the Commonwealth pursuant to Chapter 11 ( 54.1-1100 et seq.) of Title 54.1;
346	346
347	347	56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
348	348
349	349	57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
350	350
351	351	58. Violating any provision of Chapter 17.8 ( 59.1-207.45 et seq.). For the purposes of this subdivision, "consumer transaction" also includes transactions involving an automatic renewal or continuous service offer by a supplier to a small business, as those terms are defined in 59.1-207.45;
352	352
353	353	59. Violating any provision of subsection E of 32.1-126;
354	354
355	355	60. Violating any provision of 54.1-111 relating to the unlicensed practice of a profession licensed under Chapter 11 ( 54.1-1100 et seq.) or Chapter 21 ( 54.1-2100 et seq.) of Title 54.1;
356	356
357	357	61. Violating any provision of 2.2-2001.5;
358	358
359	359	62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
360	360
361	361	63. Violating any provision of 6.2-312;
362	362
363	363	64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
364	364
365	365	65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
366	366
367	367	66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
368	368
369	369	67. Knowingly violating any provision of 8.01-27.5;
370	370
371	371	68. Failing to, in accordance with 59.1-207.46, (i) make available a conspicuous online option to cancel a recurring purchase of a good or service or (ii) with respect to a free trial lasting more than 30 days, notify a consumer of his option to cancel such free trial within 30 days of the end of the trial period to avoid an obligation to pay for the goods or services;
372	372
373	373	69. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains a synthetic derivative of tetrahydrocannabinol. As used in this subdivision, "synthetic derivative" means a chemical compound produced by man through a chemical transformation to turn a compound into a different compound by adding or subtracting molecules to or from the original compound. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1;
374	374
375	375	70. Selling or offering for sale to a person younger than 21 years of age any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1;
376	376
377	377	71. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant packaging, as defined in 4.1-600; (ii) equipped with a label that states, in English and in a font no less than 1/16 of an inch, (a) that the substance contains tetrahydrocannabinol and may not be sold to persons younger than 21 years of age, (b) all ingredients contained in the substance, (c) the amount of such substance that constitutes a single serving, and (d) the total percentage and milligrams of tetrahydrocannabinol included in the substance and the number of milligrams of tetrahydrocannabinol that are contained in each serving; and (iii) accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International Organization of Standardization by a third-party accrediting body, that states the tetrahydrocannabinol concentration of the substance or the tetrahydrocannabinol concentration of the batch from which the substance originates. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1;
378	378
379	379	72. Manufacturing, offering for sale at retail, or selling at retail an industrial hemp extract, as defined in 3.2-5145.1, a food containing an industrial hemp extract, or a substance containing tetrahydrocannabinol that depicts or is in the shape of a human, animal, vehicle, or fruit;
380	380
381	381	73. Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol and, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear the trademark, trade name, famous mark as defined in 15 U.S.C. 1125, or other identifying mark, imprint, or device, or any likeness thereof, of a manufacturer, processor, packer, or distributor of a product intended for human consumption other than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such substance;
382	382
383	383	74. Selling or offering for sale a topical hemp product, as defined in 3.2-4112, that does not include a label stating that the product is not intended for human consumption. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act ( 54.1-3400 et seq.), (ii) be construed to prohibit any conduct permitted under Chapter 16 ( 4.1-1600 et seq.) of Title 4.1, or (iii) apply to topical hemp products that were manufactured prior to July 1, 2023, provided that the person provides documentation of the date of manufacture if requested;
384	384
385	385	75. Violating any provision of 59.1-466.8;
386	386
387	387	76. Violating subsection F of 36-96.3:1;
388	388
389	389	77. Selling or offering for sale (i) any kratom product to a person younger than 21 years of age or (ii) any kratom product that does not include a label listing all ingredients and with the following guidance: "This product may be harmful to your health, has not been evaluated by the FDA, and is not intended to diagnose, treat, cure, or prevent any disease." As used in this subdivision, "kratom" means any part of the leaf of the plant Mitragyna speciosa or any extract thereof;
390	390
391	391	78. Advertising of any ignition interlock system in Virginia by an ignition interlock vendor not approved by the Commission on the Virginia Alcohol Safety Action Program to operate in Virginia; targeted advertising of any ignition interlock system to a person before determination of guilt; and any advertising, whether before or after determination of guilt, without a conspicuous statement that such advertisement is not affiliated with any government agency. For purposes of this subdivision, "ignition interlock system" has the same meaning as ascribed to that term in 18.2-270.1 and "targeted advertising" has the same meaning ascribed to that term in 59.1-575 and includes direct mailings to an individual. This provision shall not apply to ignition interlock service vendor ads, pamphlets, or kiosk advertisements approved by the Commission on the Virginia Alcohol Safety Action Program and provided at a Commission-approved location;
392	392
393	393	79. Failing to disclose the total cost of a good or continuous service, as defined in 59.1-207.45, to a consumer, including any mandatory fees or charges, prior to entering into an agreement for the sale of any such good or provision of any such continuous service;
394	394
395	395	80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
396	396
397	397	81. Selling or offering for sale services as a professional mold remediator to be performed upon any residential dwelling without holding a mold remediation certification from the Institute of Inspection, Cleaning and Restoration Certification (IICRC);
398	398
399	399	82. Willfully violating any provision of 59.1-444.4; and
400	400
401	401	83. Violating any provision of Chapter 23.2 ( 59.1-293.10 et seq.); and
402	402
403	403	84. Violating any provision of Chapter 58 ( 59.1-607 et seq.).
404	404
405	405	B. Nothing in this section shall be construed to invalidate or make unenforceable any contract or lease solely by reason of the failure of such contract or lease to comply with any other law of the Commonwealth or any federal statute or regulation, to the extent such other law, statute, or regulation provides that a violation of such law, statute, or regulation shall not invalidate or make unenforceable such contract or lease.
406	406
407	407	CHAPTER 58.
408	408
409	409	ELECTRIC VEHICLE BATTERY SUPPLIERS.
410	410
411	411	59.1-607. Definitions.
412	412
413	413	As used in this chapter, unless the context requires a different meaning:
414	414
415	415	"Commissioner" means the Commissioner of Agriculture and Consumer Services.
416	416
417	417	"Consumer transaction" means the same as that term is defined in 59.1-198, except that "consumer transaction" also means the advertisement, sale, lease, license, or offering for sale, lease, or license of electric vehicle batteries to be used for business or commercial purposes.
418	418
419	419	"Supplier" means a seller, lessor, licensor, or professional that advertises, solicits, or engages in consumer transactions of electric vehicle batteries or a manufacturer, distributor, or licensor that advertises and sells, leases, or licenses electric vehicle batteries to be resold, leased, or sublicensed by other persons in consumer transactions.
420	420
421	421	59.1-608. Certification required.
422	422
423	423	It is unlawful for any supplier to sell, lease, or license, or to offer to sell, lease, or license, any electric vehicle battery as part of a consumer transaction in the Commonwealth without first obtaining a valid and current certificate of compliance from the Commissioner pursuant to 3.2-102.1.
424	424
425	425	59.1-609. Enforcement; penalties.
426	426
427	427	Any violation of this chapter shall constitute a prohibited practice under the provisions of 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act ( 59.1-196 et seq.).