Virginia 2025 Regular Session

Virginia Senate Bill SB1285 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	OFFERED FOR CONSIDERATION 1/22/2025
	1	+	2025 SESSION
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	3	+	INTRODUCED
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	5	+	25101370D
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3	7		SENATE BILL NO. 1285
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5		-	~~AMENDMENT IN THE NATURE OF A SUBSTITUTE~~
	9	+	Offered January 8, 2025
6	10
7		-	(Proposed by the Senate Committee on General Laws and Technology
8		-
9		-	on ________________)
10		-
11		-	(Patron Prior to SubstituteSenator DeSteph)
	11	+	Prefiled January 8, 2025
12	12
13	13		A BILL to amend and reenact 54.1-500, 55.1-703, and 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia and to repeal Article 5 ( 54.1-1144, 54.1-1145, and 54.1-1146) of Chapter 11 of Title 54.1 of the Code of Virginia, relating to Department of Professional and Occupational Regulation; deregulation of residential building energy analysts.
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	16	+
	17	+	PatronDeSteph
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	21	+	Referred to Committee on General Laws and Technology
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17	25		Be it enacted by the General Assembly of Virginia:
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19	27		1. That 54.1-500, 55.1-703, and 59.1-200, as it is currently effective and as it shall become effective, of the Code of Virginia are amended and reenacted as follows:
20	28
21	29		54.1-500. Definitions.
22	30
23	31		As used in this chapter, unless the context requires a different meaning:
24	32
25	33		"Accredited asbestos training program" means a training program that has been approved by the Board to provide training for individuals to engage in asbestos abatement, conduct asbestos inspections, prepare management plans, prepare project designs or act as project monitors.
26	34
27	35		"Accredited lead training program" means a training program that has been approved by the Board to provide training for individuals to engage in lead-based paint activities.
28	36
29	37		"Asbestos" means the asbestiform varieties of actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite.
30	38
31	39		"Asbestos analytical laboratory license" means an authorization issued by the Board to perform phase contrast, polarized light, or transmission electron microscopy on material known or suspected to contain asbestos.
32	40
33	41		"Asbestos contractor's license" means an authorization issued by the Board permitting a person to enter into contracts to perform an asbestos abatement project.
34	42
35	43		"Asbestos-containing materials" or "ACM" means any material or product which contains more than 1.0 percent asbestos or such other percentage as established by EPA final rule.
36	44
37	45		"Asbestos inspector's license" means an authorization issued by the Board permitting a person to perform on-site investigations to identify, classify, record, sample, test, and prioritize by exposure potential asbestos-containing materials.
38	46
39	47		"Asbestos management plan" means a program designed to control or abate any potential risk to human health from asbestos.
40	48
41	49		"Asbestos management planner's license" means an authorization issued by the Board permitting a person to develop or alter an asbestos management plan.
42	50
43	51		"Asbestos project" or "asbestos abatement project" means an activity involving job set-up for containment, removal, encapsulation, enclosure, encasement, renovation, repair, construction, or alteration of an asbestos-containing material. An asbestos project or asbestos abatement project shall not include nonfriable asbestos-containing roofing, flooring and siding materials which when installed, encapsulated or removed do not become friable.
44	52
45	53		"Asbestos project designer's license" means an authorization issued by the Board permitting a person to design an asbestos abatement project.
46	54
47	55		"Asbestos project monitor's license" means an authorization issued by the Board permitting a person to monitor an asbestos project, subject to Department regulations.
48	56
49	57		"Asbestos supervisor" means any person so designated by an asbestos contractor who provides on-site supervision and direction to the workers engaged in asbestos projects.
50	58
51	59		"Asbestos worker's license" means an authorization issued by the Board permitting an individual to work on an asbestos project.
52	60
53	61		"Board" means the Virginia Board for Asbestos, Lead, and Home Inspectors.
54	62
55	63		"Friable" means that the material when dry may be crumbled, pulverized, or reduced to powder by hand pressure and includes previously nonfriable material after such previously nonfriable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.
56	64
57	65		"Home inspection" means any inspection of a residential building for compensation conducted by a licensed home inspector. A home inspection shall include a written evaluation of the readily accessible components of a residential building, including heating, cooling, plumbing, and electrical systems; structural components; foundation; roof; masonry structure; exterior and interior components; and other related residential housing components. A home inspection may be limited in scope as provided in a home inspection contract, provided that such contract is not inconsistent with the provisions of this chapter or the regulations of the Board. For purposes of this chapter, residential building energy analysis alone, as defined in 54.1-1144, shall not be considered a home inspection.
58	66
59	67		"Home inspector" means a person who meets the criteria of education, experience, and testing required by this chapter and regulations of the Board and who has been licensed by the Board to perform home inspections.
60	68
61	69		"Lead abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards, including lead-contaminated dust or soil.
62	70
63	71		"Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5 percent by weight.
64	72
65	73		"Lead-based paint activity" means lead inspection, lead risk assessment, lead project design, and abatement of lead-based paint and lead-based paint hazards, including lead-contaminated dust and lead-contaminated soil.
66	74
67	75		"Lead-contaminated soil" means bare soil that contains lead at or in excess of levels identified by the Environmental Protection Agency.
68	76
69	77		"Lead contractor" means a person who has met the Board's requirements and has been issued a license by the Board to enter into contracts to perform lead abatements.
70	78
71	79		"Lead inspection" means a surface-by-surface investigation to determine the presence of lead-based paint and the provisions of a report explaining the results of the investigation.
72	80
73	81		"Lead inspector" means an individual who has been licensed by the Board to conduct lead inspections and abatement clearance testing.
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75	83		"Lead project design" means any descriptive form written as instructions or drafted as a plan describing the construction or setting up of a lead abatement project area and the work practices to be utilized during the lead abatement project.
76	84
77	85		"Lead project designer" means an individual who has been licensed by the Board to prepare lead project designs.
78	86
79	87		"Lead risk assessment" means (i) an on-site investigation to determine the existence, nature, severity and location of lead-based paint hazards and (ii) the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.
80	88
81	89		"Lead risk assessor" means an individual who has been licensed by the Board to conduct lead inspections, lead risk assessments, and abatement clearance testing.
82	90
83	91		"Lead supervisor" means an individual who has been licensed by the Board to supervise lead abatements.
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85	93		"Lead worker" or "lead abatement worker" means an individual who has been licensed by the Board to perform lead abatement.
86	94
87	95		"Person" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, or any other individual or entity.
88	96
89	97		"Principal instructor" means the individual who has the primary responsibility for organizing and teaching an accredited asbestos training program, an accredited lead training program, or any combination thereof.
90	98
91	99		"Residential building" means, for the purposes of home inspection, a structure consisting of one to four dwelling units used or occupied, or intended to be used or occupied, for residential purposes.
92	100
93	101		"Training manager" means the individual responsible for administering a training program and monitoring the performance of instructors for an accredited asbestos training or accredited lead training program.
94	102
95	103		55.1-703. Required disclosures for buyer to beware; buyer to exercise necessary due diligence.
96	104
97	105		A. The owner of the residential real property shall furnish to a purchaser a residential property disclosure statement for the buyer to beware of certain matters that may affect the buyer's decision to purchase such real property. Such statement shall be provided by the Real Estate Board on its website.
98	106
99	107		B. The residential property disclosure statement provided by the Real Estate Board on its website shall include the following:
100	108
101	109		1. The owner makes no representations or warranties as to the condition of the real property or any improvements thereon, or with regard to any covenants and restrictions, or any conveyances of mineral rights, as may be recorded among the land records affecting the real property or any improvements thereon, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary, including obtaining a home inspection, as defined in 54.1-500, a mold assessment conducted by a business that follows the guidelines provided by the U.S. Environmental Protection Agency, and a residential building energy analysis, as defined in 54.1-1144, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
102	110
103	111		2. The owner makes no representation with respect to current lot lines or the ability to expand, improve, or add any structures on the property, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary, including obtaining a property survey and contacting the locality to determine zoning ordinances or lot coverage, height, or setback requirements on the property.
104	112
105	113		3. The owner makes no representations with respect to any matters that may pertain to parcels adjacent to the subject parcel, including zoning classification or permitted uses of adjacent parcels, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary with respect to adjacent parcels in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
106	114
107	115		4. The owner makes no representations to any matters that pertain to whether the provisions of any historic district ordinance affect the property, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary with respect to any historic district designated by the locality pursuant to 15.2-2306, including review of (i) any local ordinance creating such district, (ii) any official map adopted by the locality depicting historic districts, and (iii) any materials available from the locality that explain (a) any requirements to alter, reconstruct, renovate, restore, or demolish buildings or signs in the local historic district and (b) the necessity of any local review board or governing body approvals prior to doing any work on a property located in a local historic district, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
108	116
109	117		5. The owner makes no representations with respect to whether the property contains any resource protection areas established in an ordinance implementing the Chesapeake Bay Preservation Act ( 62.1-44.15:67 et seq.) adopted by the locality where the property is located pursuant to 62.1-44.15:74, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary to determine whether the provisions of any such ordinance affect the property, including review of any official map adopted by the locality depicting resource protection areas, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
110	118
111	119		6. The owner makes no representations with respect to information on any sexual offenders registered under Chapter 23 ( 19.2-387 et seq.) of Title 19.2, and purchasers are advised to exercise whatever due diligence they deem necessary with respect to such information, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
112	120
113	121		7. The owner makes no representations with respect to whether the property is within a dam break inundation zone. Such disclosure statement shall advise purchasers to exercise whatever due diligence they deem necessary with respect to whether the property resides within a dam break inundation zone, including a review of any map adopted by the locality depicting dam break inundation zones;
114	122
115	123		8. The owner makes no representations with respect to the presence of any wastewater system, including the type or size of the wastewater system or associated maintenance responsibilities related to the wastewater system, located on the property, and purchasers are advised to exercise whatever due diligence they deem necessary to determine the presence of any wastewater system on the property and the costs associated with maintaining, repairing, or inspecting any wastewater system, including any costs or requirements related to the pump-out of septic tanks, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
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117	125		9. The owner makes no representations with respect to any right to install or use solar energy collection devices on the property;
118	126
119	127		10. The owner makes no representations with respect to whether the property is located in one or more special flood hazard areas, and purchasers are advised to exercise whatever due diligence they deem necessary, including (i) obtaining a flood certification or mortgage lender determination of whether the property is located in one or more special flood hazard areas, (ii) reviewing any map depicting special flood hazard areas, (iii) contacting the Federal Emergency Management Agency (FEMA) or visiting the website for FEMA's National Flood Insurance Program or the Virginia Flood Risk Information website operated by the Department of Conservation and Recreation, and (iv) determining whether flood insurance is required, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract. A flood risk information form, pursuant to the provisions of subsection D, that provides additional information on flood risk and flood insurance is available for download by the Real Estate Board on its website;
120	128
121	129		11. The owner makes no representations with respect to whether the property is subject to one or more conservation or other easements, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
122	130
123	131		12. The owner makes no representations with respect to whether the property is subject to a community development authority approved by a local governing body pursuant to Article 6 ( 15.2-5152 et seq.) of Chapter 51 of Title 15.2, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary in accordance with terms and conditions as may be contained in the real estate purchase contract, including determining whether a copy of the resolution or ordinance has been recorded in the land records of the circuit court for the locality in which the community development authority district is located for each tax parcel included in the district pursuant to 15.2-5157, but in any event prior to settlement pursuant to such contract;
124	132
125	133		13. The owner makes no representations with respect to whether the property is located on or near deposits of marine clays (marumsco soils), and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary in accordance with terms and conditions as may be contained in the real estate purchase contract, including consulting public resources regarding local soil conditions and having the soil and structural conditions of the property analyzed by a qualified professional;
126	134
127	135		14. The owner makes no representations with respect to whether the property is located in a locality classified as Zone 1 or Zone 2 by the U.S. Environmental Protection Agency's (EPA) Map of Radon Zones, and purchasers are advised to exercise whatever due diligence they deem necessary to determine whether the property is located in such a zone, including (i) reviewing the EPA's Map of Radon Zones or visiting the EPA's radon information website; (ii) visiting the Virginia Department of Health's Indoor Radon Program website; (iii) visiting the National Radon Proficiency Program's website; (iv) visiting the National Radon Safety Board's website that lists the Board's certified contractors; and (v) ordering a radon inspection, in accordance with the terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
128	136
129	137		15. The owner makes no representations with respect to whether the property contains any pipe, pipe or plumbing fitting, fixture, solder, or flux that does not meet the federal Safe Drinking Water Act definition of "lead free" pursuant to 42 U.S.C. 300g-6, and purchasers are advised to exercise whatever due diligence they deem necessary to determine whether the property contains any pipe, pipe or plumbing fitting, fixture, solder, or flux that does not meet the federal Safe Drinking Water Act definition of "lead free," in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract;
130	138
131	139		16. The owner makes no representations with respect to the existence of defective drywall on the property, and purchasers are advised to exercise whatever due diligence they deem necessary to determine whether there is defective drywall on the property, in accordance with terms and conditions as may be contained in the real estate purchase contract, but in any event prior to settlement pursuant to such contract. For purposes of this subdivision, "defective drywall" means the same as that term is defined in 36-156.1; and
132	140
133	141		17. The owner makes no representation with respect to the condition or regulatory status of any impounding structure or dam on the property or under the ownership of the common interest community that the owner of the property is required to join, and purchasers are advised to exercise whatever due diligence a particular purchaser deems necessary to determine the condition, regulatory status, cost of required maintenance and operation, or other relevant information pertaining to the impounding structure or dam, including contacting the Department of Conservation and Recreation or a licensed professional engineer.
134	142
135	143		C. The residential property disclosure statement shall be delivered in accordance with 55.1-709.
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137	145		D. The Real Estate Board shall make available on its website a flood risk information form. Such form shall be substantially as follows:
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139	147		Flood Risk Information Form
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141	149		The purpose of this information form is to provide property owners and potential property owners with information regarding flood risk. This information form does not determine whether a property owner will be required to purchase a flood insurance policy. That determination is made by the lender providing a loan for the property at the lender's discretion.
142	150
143	151		Mortgage lenders are mandated under the Flood Disaster Protection Act of 1973 and the National Flood Insurance Reform Act of 1994 to require the purchase of flood insurance by property owners who acquire loans from federally regulated, supervised, or insured financial institutions for the acquisition or improvement of land, facilities, or structures located within or to be located within a Special Flood Hazard Area. A Special Flood Hazard Area (SFHA) is a high-risk area defined as any land that would be inundated by a flood, also known as a base flood, having a one percent chance of occurring in a given year. The lender reviews the current National Flood Insurance Program (NFIP) maps for the community in which the property is located to determine its location relative to the published SFHA and completes the Standard Flood Hazard Determination Form (SFHDF), created by the Federal Emergency Management Agency (FEMA). If the lender determines that the structure is indeed located within a SFHA and the community is participating in the NFIP, the borrower is then notified that flood insurance will be required as a condition of receiving the loan. A similar review and notification are completed whenever a loan is sold on the secondary loan market or when the lender completes a routine review of its mortgage portfolio.
144	152
145	153		Properties that are not located in a SFHA can still flood. Flood damage is not generally covered by a standard home insurance policy. It is prudent to consider purchasing flood insurance even when flood insurance is not required by a lender. Properties not located in a SFHA may be eligible for a low-cost preferred risk flood insurance policy. Property owners and buyers are encouraged to consult with their insurance agent about flood insurance.
146	154
147	155		What is a flood? A flood is a general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties, at least one of which is the policyholder's property, from (i) overflow of inland or tidal waters, (ii) unusual and rapid accumulation or runoff of surface waters from any source, (iii) mudflow, or (iv) collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood.
148	156
149	157		FEMA is required to update Flood Maps every five years. Flood zones for this property may change due to periodic map updates. To determine what flood zone or zones a property is located in a buyer can visit the website for FEMA's National Flood Insurance Program or the Virginia Department of Conservation and Recreation's Flood Risk Information System website.
150	158
151	159		59.1-200. (Effective until July 1, 2025) Prohibited practices.
152	160
153	161		A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
154	162
155	163		1. Misrepresenting goods or services as those of another;
156	164
157	165		2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
158	166
159	167		3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
160	168
161	169		4. Misrepresenting geographic origin in connection with goods or services;
162	170
163	171		5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
164	172
165	173		6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
166	174
167	175		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";
168	176
169	177		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.
170	178
171	179		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;
172	180
173	181		9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
174	182
175	183		10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
176	184
177	185		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;
178	186
179	187		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;
180	188
181	189		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;
182	190
183	191		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;
184	192
185	193		14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
186	194
187	195		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;
188	196
189	197		16. Failing to disclose all conditions, charges, or fees relating to:
190	198
191	199		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;
192	200
193	201		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;
194	202
195	203		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;
196	204
197	205		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;
198	206
199	207		18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
200	208
201	209		19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
202	210
203	211		20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
204	212
205	213		21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
206	214
207	215		22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
208	216
209	217		23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
210	218
211	219		24. Violating any provision of 54.1-1505;
212	220
213	221		25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
214	222
215	223		26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
216	224
217	225		27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
218	226
219	227		28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
220	228
221	229		29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
222	230
223	231		30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
224	232
225	233		31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
226	234
227	235		32. Violating any provision of 46.2-1231 and 46.2-1233.1;
228	236
229	237		33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
230	238
231	239		34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
232	240
233	241		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;
234	242
235	243		36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
236	244
237	245		37. Violating any provision of 8.01-40.2;
238	246
239	247		38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
240	248
241	249		39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
242	250
243	251		40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
244	252
245	253		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;
246	254
247	255		42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
248	256
249	257		43. Violating any provision of 59.1-443.2;
250	258
251	259		44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
252	260
253	261		45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
254	262
255	263		46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
256	264
257	265		47. Violating any provision of 18.2-239;
258	266
259	267		48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
260	268
261	269		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";
262	270
263	271		50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
264	272
265	273		51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
266	274
267	275		52. Violating any provision of 8.2-317.1;
268	276
269	277		53. Violating subsection A of 9.1-149.1;
270	278
271	279		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;
272	280
273	281		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;
274	282
275	283		56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
276	284
277	285		57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
278	286
279	287		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;
280	288
281	289		59. Violating any provision of subsection E of 32.1-126;
282	290
283	291		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;
284	292
285	293		61. Violating any provision of 2.2-2001.5;
286	294
287	295		62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
288	296
289	297		63. Violating any provision of 6.2-312;
290	298
291	299		64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
292	300
293	301		65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
294	302
295	303		66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
296	304
297	305		67. Knowingly violating any provision of 8.01-27.5;
298	306
299	307		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;
300	308
301	309		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;
302	310
303	311		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;
304	312
305	313		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;
306	314
307	315		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;
308	316
309	317		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;
310	318
311	319		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;
312	320
313	321		75. Violating any provision of 59.1-466.8;
314	322
315	323		76. Violating subsection F of 36-96.3:1;
316	324
317	325		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;
318	326
319	327		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;
320	328
321	329		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;
322	330
323	331		80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
324	332
325	333		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
326	334
327	335		82. Willfully violating any provision of 59.1-444.4; and
328	336
329		-	83. Performing for compensation without an insurance policy valued at no less than $100,000 or in a manner otherwise inconsistent with ~~certifications recognized by the~~ U.S. ~~Department of Energy for~~ residential building energy analysis. For the purpose of this subdivision, "residential building energy analysis" means ~~(i)~~ an inspection or evaluation of a residential building ~~and its components~~, ~~including lighting,~~ appliances, water heaters, insulation materials, HVAC units, or electrical components~~, to evaluate, measure, or quantify such building's energy consumption~~ and ~~efficiency or (ii)~~ recommendations to reduce the energy consumption or improve the efficiency of such ~~residential building or its~~ components.
	337	+	83. Performing for compensation without an insurance policy valued at no less than $100,000 or in a manner otherwise inconsistent with U.S. Environmental Protection Agency guidelines any residential building energy analysis. For the purpose of this subdivision, "residential building energy analysis" means an inspection or evaluation of any of the readily accessible components of a residential building, such as appliances, water heaters, insulation materials, HVAC units, or electrical components and the provision of recommendations to reduce the energy consumption or improve the efficiency of such components.
330	338
331	339		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.
332	340
333	341		59.1-200. (Effective July 1, 2025) Prohibited practices.
334	342
335	343		A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:
336	344
337	345		1. Misrepresenting goods or services as those of another;
338	346
339	347		2. Misrepresenting the source, sponsorship, approval, or certification of goods or services;
340	348
341	349		3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;
342	350
343	351		4. Misrepresenting geographic origin in connection with goods or services;
344	352
345	353		5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits;
346	354
347	355		6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model;
348	356
349	357		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";
350	358
351	359		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.
352	360
353	361		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;
354	362
355	363		9. Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;
356	364
357	365		10. Misrepresenting that repairs, alterations, modifications, or services have been performed or parts installed;
358	366
359	367		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;
360	368
361	369		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;
362	370
363	371		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;
364	372
365	373		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;
366	374
367	375		14. Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction;
368	376
369	377		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;
370	378
371	379		16. Failing to disclose all conditions, charges, or fees relating to:
372	380
373	381		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;
374	382
375	383		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;
376	384
377	385		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;
378	386
379	387		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;
380	388
381	389		18. Violating any provision of the Virginia Health Club Act, Chapter 24 ( 59.1-294 et seq.);
382	390
383	391		19. Violating any provision of the Virginia Home Solicitation Sales Act, Chapter 2.1 ( 59.1-21.1 et seq.);
384	392
385	393		20. Violating any provision of the Automobile Repair Facilities Act, Chapter 17.1 ( 59.1-207.1 et seq.);
386	394
387	395		21. Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 ( 59.1-207.17 et seq.);
388	396
389	397		22. Violating any provision of the Prizes and Gifts Act, Chapter 31 ( 59.1-415 et seq.);
390	398
391	399		23. Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 ( 59.1-424 et seq.);
392	400
393	401		24. Violating any provision of 54.1-1505;
394	402
395	403		25. Violating any provision of the Motor Vehicle Manufacturers' Warranty Adjustment Act, Chapter 17.6 ( 59.1-207.34 et seq.);
396	404
397	405		26. Violating any provision of 3.2-5627, relating to the pricing of merchandise;
398	406
399	407		27. Violating any provision of the Pay-Per-Call Services Act, Chapter 33 ( 59.1-429 et seq.);
400	408
401	409		28. Violating any provision of the Extended Service Contract Act, Chapter 34 ( 59.1-435 et seq.);
402	410
403	411		29. Violating any provision of the Virginia Membership Camping Act, Chapter 25 ( 59.1-311 et seq.);
404	412
405	413		30. Violating any provision of the Comparison Price Advertising Act, Chapter 17.7 ( 59.1-207.40 et seq.);
406	414
407	415		31. Violating any provision of the Virginia Travel Club Act, Chapter 36 ( 59.1-445 et seq.);
408	416
409	417		32. Violating any provision of 46.2-1231 and 46.2-1233.1;
410	418
411	419		33. Violating any provision of Chapter 40 ( 54.1-4000 et seq.) of Title 54.1;
412	420
413	421		34. Violating any provision of Chapter 10.1 ( 58.1-1031 et seq.) of Title 58.1;
414	422
415	423		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;
416	424
417	425		36. Violating any provision of Chapter 18 ( 6.2-1800 et seq.) of Title 6.2;
418	426
419	427		37. Violating any provision of 8.01-40.2;
420	428
421	429		38. Violating any provision of Article 7 ( 32.1-212 et seq.) of Chapter 6 of Title 32.1;
422	430
423	431		39. Violating any provision of Chapter 34.1 ( 59.1-441.1 et seq.);
424	432
425	433		40. Violating any provision of Chapter 20 ( 6.2-2000 et seq.) of Title 6.2;
426	434
427	435		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;
428	436
429	437		42. Violating any provision of Chapter 47 ( 59.1-530 et seq.);
430	438
431	439		43. Violating any provision of 59.1-443.2;
432	440
433	441		44. Violating any provision of Chapter 48 ( 59.1-533 et seq.);
434	442
435	443		45. Violating any provision of Chapter 25 ( 6.2-2500 et seq.) of Title 6.2;
436	444
437	445		46. Violating the provisions of clause (i) of subsection B of 54.1-1115;
438	446
439	447		47. Violating any provision of 18.2-239;
440	448
441	449		48. Violating any provision of Chapter 26 ( 59.1-336 et seq.);
442	450
443	451		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";
444	452
445	453		50. Violating any provision of Chapter 44.1 ( 59.1-518.1 et seq.);
446	454
447	455		51. Violating any provision of Chapter 22 ( 6.2-2200 et seq.) of Title 6.2;
448	456
449	457		52. Violating any provision of 8.2-317.1;
450	458
451	459		53. Violating subsection A of 9.1-149.1;
452	460
453	461		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;
454	462
455	463		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;
456	464
457	465		56. Violating any provision of Chapter 33.1 ( 59.1-434.1 et seq.);
458	466
459	467		57. Violating any provision of 18.2-178, 18.2-178.1, or 18.2-200.1;
460	468
461	469		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;
462	470
463	471		59. Violating any provision of subsection E of 32.1-126;
464	472
465	473		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;
466	474
467	475		61. Violating any provision of 2.2-2001.5;
468	476
469	477		62. Violating any provision of Chapter 5.2 ( 54.1-526 et seq.) of Title 54.1;
470	478
471	479		63. Violating any provision of 6.2-312;
472	480
473	481		64. Violating any provision of Chapter 20.1 ( 6.2-2026 et seq.) of Title 6.2;
474	482
475	483		65. Violating any provision of Chapter 26 ( 6.2-2600 et seq.) of Title 6.2;
476	484
477	485		66. Violating any provision of Chapter 54 ( 59.1-586 et seq.);
478	486
479	487		67. Knowingly violating any provision of 8.01-27.5;
480	488
481	489		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;
482	490
483	491		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;
484	492
485	493		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;
486	494
487	495		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;
488	496
489	497		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;
490	498
491	499		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;
492	500
493	501		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;
494	502
495	503		75. Violating any provision of 59.1-466.8;
496	504
497	505		76. Violating subsection F of 36-96.3:1;
498	506
499	507		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;
500	508
501	509		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;
502	510
503	511		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;
504	512
505	513		80. Violating any provision of the Unfair Real Estate Service Agreement Act ( 55.1-3200 et seq.);
506	514
507	515		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);
508	516
509	517		82. Willfully violating any provision of 59.1-444.4; and
510	518
511	519		83. Violating any provision of Chapter 23.2 ( 59.1-293.10 et seq.); and
512	520
513		-	84. Performing for compensation without an insurance policy valued at no less than $100,000 or in a manner otherwise inconsistent with ~~certifications recognized by the~~ U.S. ~~Department of Energy for~~ residential building energy analysis. For the purpose of this subdivision, "residential building energy analysis" means ~~(i)~~ an inspection or evaluation of a residential building ~~and its components~~, ~~including lighting,~~ appliances, water heaters, insulation materials, HVAC units, or electrical components~~, to evaluate, measure, or quantify such building's energy consumption~~ and ~~efficiency or (ii)~~ recommendations to reduce the energy consumption or improve the efficiency of such ~~residential building or its~~ components.
	521	+	84. Performing for compensation without an insurance policy valued at no less than $100,000 or in a manner otherwise inconsistent with U.S. Environmental Protection Agency guidelines any residential building energy analysis. For the purpose of this subdivision, "residential building energy analysis" means an inspection or evaluation of any of the readily accessible components of a residential building, such as appliances, water heaters, insulation materials, HVAC units, or electrical components and the provision of recommendations to reduce the energy consumption or improve the efficiency of such components.
514	522
515	523		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.
516	524
517	525		2. That Article 5 ( 54.1-1144, 54.1-1145, and 54.1-1146) of Chapter 11 of Title 54.1 of the Code of Virginia is repealed.