A. The Board may adopt such regulations as are necessary to carry out the provisions of this chapter. Such regulations may include investigational allowances, definitions, records, and manufacturing practices, and the distribution and storage of regulated product prior to final sale.
B. The Commissioner may adopt as a regulation:
1. The Official Fertilizer Terms, Definitions, and Standards adopted by AAPFCO;
2. The methods of sampling and analysis for regulated products adopted by AOAC International; and
3. Any method of sampling and analysis for a regulated product developed by the Department or adopted by agencies of the federal government, agencies of other states, the Division of Consolidated Laboratories or other commercial laboratories accredited by the Food and Drug Administration, or the U.S. Department of Agriculture.
C. Such regulations adopted by the Commissioner shall be effective upon filing with the Registrar of Regulations, who shall publish the regulation as a final regulation in the Virginia Register of Regulations. The regulation shall contain a preamble stating that the Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision of such regulation. The Commissioner shall provide notice by first-class mail of regulations adopted by him pursuant to this section to all manufacturers of currently registered regulated product.
D. The Board, after giving notice in the Virginia Register of Regulations, may reconsider and revise the regulation adopted by the Commissioner. Such revised regulation shall be effective upon filing with the Registrar of Regulations, who shall publish the regulation as a final regulation in the Virginia Register of Regulations.
E. Neither the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) nor public participation guidelines adopted pursuant thereto shall apply to the adoption, reconsideration, or revision of any regulation adopted pursuant to subsections B, C, and D of this section.
1994, c. 740, § 3.1-106.4; 1995, c. 104; 2008, c. 860; 2011, cc. 552, 564.
Structure Code of Virginia
Title 3.2 - Agriculture, Animal Care, and Food
§ 3.2-3601. Authority of the Board and the Commissioner to adopt regulations
§ 3.2-3602. Local government regulation of fertilizer
§ 3.2-3604. Exchanges between manufacturers
§ 3.2-3605. License and registration year; permit year
§ 3.2-3606. Distributor required to obtain license; fee
§ 3.2-3607. Product registration and label requirements; exemptions
§ 3.2-3607.1. Consumer education
§ 3.2-3607.2. Sale of deicing agents
§ 3.2-3608. Contractor-applicator permit
§ 3.2-3609. Reporting year; inspection fees; distribution to nonlicensees
§ 3.2-3610. Statistical reports
§ 3.2-3615. Plant food deficiency
§ 3.2-3616. Assessments for variance from label guarantees
§ 3.2-3617. Fund established; disposition of fees, assessments, and penalties
§ 3.2-3618. Inspection, sampling and analysis; penalty
§ 3.2-3619. Stop sale, use, removal, or seizure orders; penalty
§ 3.2-3620. Seizure and condemnation
§ 3.2-3621. Cancellation of registration, permit, or license