The Virginia farm labor laws are found in Va. Code Ann. §§ 32.1-203 through 32.1-211, 12 VAC 5-501-10 through 12 VAC 5-501-350, 13 VAC 5-180-10 through 13 VAC 5-180-80, and 16 VAC 15-50-10 through 16 VAC 15-50-50.

No person shall operate or cause to be operated a migrant labor camp without a permit nor shall any person allow a migrant labor camp without a permit to be occupied and used on property owned or controlled by such person.  A separate permit shall be required for each camp and shall be posted at a place in the camp readily visible and accessible to the migrant workers[i].

When the Commissioner determines that a camp for which a permit is sought does not, or the proposed operation thereof will not, comply with the provisions of this article and any applicable regulations and that the operation of the camp will not create an imminent danger to the public health and safety, the Commissioner may grant a provisional permit to operate such a camp upon such terms, requirements, or conditions as the Commissioner may prescribe until the requirements of this article and any applicable regulations are fully complied with.  The term of any such provisional permit shall not exceed thirty days.  No provisional permit shall be renewable[ii].

The occupational, safety and health regulations of the Safety and Health Codes Board applicable to migrant labor camps shall be no more stringent than those actually enforced by the United States Department of Labor pursuant to federal law.  The Board may adopt regulations governing migrant labor camps which supplement the occupational safety and health regulations adopted by the Safety and Health Codes Board pursuant to Chapter 3 (§ 40.1-22 et seq.) of Title 40.1 and which are necessary to protect the health of migrant workers.  Such regulations may include, but need not be limited to, standards governing:

• The sites of camps.
• The provision of an adequate and convenient supply of pure water as defined in § 32.1-167.
• The disposal of sewage as defined in § 32.1-163.
• The storage and disposal of solid waste.
• The maintenance of the campgrounds.
• The construction, maintenance, alteration or remodeling of buildings and structures for the housing of migrant workers and their families[iii].

12 VAC 5-501-20 provides that this chapter has been promulgated by the State Board of Health to ensure that safe and healthy living conditions are provided for migrant workers and their families while they are employed and living in the Commonwealth of Virginia.  This chapter establishes standards and procedures that the State Health Commissioner will follow in determining whether a permit to operate a migrant labor camp should be issued, denied, revoked, or suspended.  In a similar way the chapter also delineates the procedures and requirements with which a camp must comply in order for the camp operator to obtain and retain a permit.  The occupational safety and health (OSHA) standards governing temporary labor camps (29 CFR 1910.142) promulgated by the Virginia Safety and Health Codes Board shall apply to migrant labor camps, subject to the exceptions and regulations in 12 VAC 5-501-300[iv].

In response to the findings and recommendations of the State Migrant and Seasonal Farmworker Board, and others which cited the severe inadequacies in housing for migrant farmworkers in the Commonwealth, the 1989 General Assembly appropriated funds for establishing the Migrant Housing Program.  The General Assembly designated the Department of Housing and Community Development to administer this new state initiative, and further directed the department to allocate additional funds to implement the program.  The program has the goal of increasing the number of decent and sanitary migrant farmworker housing units in the Commonwealth.  The program provides grants for rehabilitation and new construction to growers who employ migrant farmworkers in conjunction with their agriculture operation.  The grant funds may not exceed 50 of the total project cost and are only available to growers.  Low interest loan and energy grants are also available under the program, and are available to nonprofit groups and governmental entities as well as growers.  Energy grants may be used only for eligible energy-related improvements undertaken as part of a rehabilitation project.The program is funded at $ 700,000 for the 1989-90 fiscal year.  This includes $ 250,000 in grants, $ 350,000 in loans, and $ 100,000 in energy grants. Interested growers, nonprofit organizations and government entities (including housing authorities) may apply to the department for funds[v].

16 VAC 15-50-20 identifies the occupations on farms, in gardens, and in orchards which are particularly hazardous for minors under 16 years of age.  No employer shall employ, suffer, or permit a minor under 16 years of age to work in any of the occupations, deemed to be particularly hazardous, except as provided in 16 VAC 15-50-30.  16 VAC 25-180-10 shall apply to any agricultural establishment where 11 or more employees are engaged on any given day in hand-labor operations in the field.  16 VAC 25-180-10 (c)(1) shall apply to all agricultural establishments regardless of the number of employees.

[i] Va. Code Ann. § 32.1-205.

[ii] Va. Code Ann. § 32.1-208.

[iii] Va. Code Ann. § 32.1-211.

[iv] 12 VAC 5-501-290.

[v] 13 VAC 5-180-10.