A. The Board is authorized to adopt regulations for the efficient enforcement of this article.
B. The Board shall adopt regulations identifying contaminants of an industrial hemp extract or a food containing an industrial hemp extract and establishing tolerances for such identified contaminants.
C. The Board shall adopt regulations establishing labeling requirements for an industrial hemp extract or a food containing an industrial hemp extract. Such regulations shall require that any industrial hemp extract or food containing an industrial hemp extract that contains tetrahydrocannabinol be equipped with a label that states (i) that the industrial hemp extract or food containing an industrial hemp extract contains tetrahydrocannabinol and may not be sold to persons younger than 21 years of age, (ii) all ingredients contained in the industrial hemp extract or food containing an industrial hemp extract, (iii) the amount of such industrial hemp extract or food containing an industrial hemp extract that constitutes a single serving, and (iv) the total percentage and milligrams of tetrahydrocannabinol included in the industrial hemp extract or food containing an industrial hemp extract and the number of milligrams of tetrahydrocannabinol that are contained in each serving.
D. The Board shall adopt regulations establishing batch testing requirements for industrial hemp extracts. The Board shall require that batch testing of industrial hemp extracts be conducted by an independent testing laboratory that meets criteria established by the Board.
E. With the exception of § 2.2-4031, 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 of any regulation pursuant to this section. Prior to adopting any regulation pursuant to this section, the Board shall publish a notice of opportunity to comment in the Virginia Register of Regulations and post the action on the Virginia Regulatory Town Hall. Such notice of opportunity to comment shall contain (i) a summary of the proposed regulation; (ii) the text of the proposed regulation; and (iii) the name, address, and telephone number of the agency contact person responsible for receiving public comments. Such notice shall be made at least 60 days in advance of the last date prescribed in such notice for submittals of public comment. The legislative review provisions of subsections A and B of § 2.2-4014 shall apply to the promulgation or final adoption process for regulations pursuant to this section. The Board shall consider and keep on file all public comments received for any regulation adopted pursuant to this section.
2020, cc. 659, 660; 2022, Sp. Sess. I, c. 2.
Structure Code of Virginia
Title 3.2 - Agriculture, Animal Care, and Food
§ 3.2-5100. Duties of Commissioner
§ 3.2-5101. Board authorized to adopt regulations; exception
§ 3.2-5103. Standards of variability permissible to any article of food
§ 3.2-5104. Chemical work incident to execution of laws
§ 3.2-5105. Definition of term "food."
§ 3.2-5106. Sanitary conditions of food establishments
§ 3.2-5107. Plastering and painting sidewalls and ceilings; interior woodwork; floors
§ 3.2-5108. Sleeping arrangements
§ 3.2-5109. Washrooms and toilets
§ 3.2-5110. Daily cleaning of instruments and machinery
§ 3.2-5111. Food protected from flies, dust, and dirt
§ 3.2-5112. Clothing of employees
§ 3.2-5113. Employees with contagious or infectious disease
§ 3.2-5116. Metal beverage containers with detachable metal pull tabs
§ 3.2-5117. Penalty for violation; misdemeanor
§ 3.2-5118. Sterilization of bottles and containers
§ 3.2-5119. Transportation or storage under unsanitary conditions; penalty
§ 3.2-5124. Labeling as kosher and halal; penalty
§ 3.2-5125. Poisonous or deleterious substance added to food
§ 3.2-5126. Prohibited acts; exceptions; Commissioner may seek injunction; penalties
§ 3.2-5127. Removal of certain labels from meat packaging prohibited; penalty
§ 3.2-5129. Definition of term "food."
§ 3.2-5130. Inspections required to operate food establishment
§ 3.2-5131. Right to enter and take samples
§ 3.2-5132. Notice and warning to place premises in sanitary condition
§ 3.2-5133. Failure to obey such notice and warning a misdemeanor
§ 3.2-5134. Condemnation of unsafe food by Commissioner
§ 3.2-5135. Authority to seize food and dairy products; analysis; disposition of remainder
§ 3.2-5136. Purchase of samples for analysis
§ 3.2-5137. Proceeding for forfeiture
§ 3.2-5138. Judgment as to goods seized; procedure before an appropriate court; appeal
§ 3.2-5139. Disposition of proceeds from sale of such goods
§ 3.2-5140. Attorney for the Commonwealth to render legal assistance
§ 3.2-5141. General duty of attorneys for the Commonwealth; compensation
§ 3.2-5142. Punishment for hindering Commissioner
§ 3.2-5143. Enforcement against companies
§ 3.2-5144. Exemption from civil and criminal liability in certain cases
§ 3.2-5145. Punishment for failure to comply with requirements of certain chapters
§ 3.2-5145.2. Industrial hemp extract; approved food
§ 3.2-5145.2:1. Sellers of industrial hemp extract
§ 3.2-5145.3. Manufacturer of industrial hemp extract or food containing an industrial hemp extract