A. The State Veterinarian shall take such measures as may be necessary to prevent the spread of and eradicate contagious and infectious livestock and poultry diseases. The Board may adopt regulations as may be necessary to effectuate the purposes of this article. The Board and the Commissioner are also authorized to make the regulations adopted under this article conform, insofar as practicable, to those regulations adopted under federal statutes governing animal health.
B. The Commissioner may adopt by reference any federal regulation adopted pursuant to any federal statute relating to animal health, amending it as necessary for intrastate applicability. Any regulation adopted by the Commissioner pursuant to this subsection 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, or upon a date specified by the Department that is after the filing.
The regulation shall contain a preamble stating that the Board will receive, consider and respond to a petition by any interested person at any time with respect to reconsideration or revision of such regulation. Neither the requirements 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 by the Commissioner pursuant to this subsection.
C. The Board, after giving notice in the Virginia Register of Regulations, may reconsider and revise the regulation adopted by the Commissioner. If, upon reconsideration, the Board determines that the regulation should be revised other than as authorized by subsection B, the Board may amend the regulation only as authorized by the Administrative Process Act.
D. The Commissioner and the Board may use the powers granted by this article to abate the presence of biological residues in or on livestock or poultry. Biological residues shall mean those substances remaining in or on any animal prior to or at the time of slaughter as the result of treatment or exposure that are determined by the Commissioner and the Board to be or to have the potential for being injurious to the health of humans or animals.
Code 1950, § 3-568; 1966, c. 702, § 3.1-726; 1977, c. 299; 1981, c. 130; 1991, c. 294; 2008, c. 860.
Structure Code of Virginia
Title 3.2 - Agriculture, Animal Care, and Food
Chapter 60 - Livestock and Poultry
§ 3.2-6001. Protection of livestock and poultry
§ 3.2-6004. Regulation for the separation and caring for diseased animals
§ 3.2-6005. Notice of quarantine
§ 3.2-6006. Quarantine of individuals
§ 3.2-6007. Domestic animals not permitted to enter or leave quarantine
§ 3.2-6008. Disposition of quarantined animals with potential to impact livestock or poultry
§ 3.2-6009. Euthanasia or slaughter of livestock or poultry by owner
§ 3.2-6010. Proclamation prohibiting animal importation; required tests
§ 3.2-6012. Duty of operators of stockyards and poultry slaughter facilities
§ 3.2-6013. Duty of officers to execute orders of the Commissioner, Board, or State Veterinarian
§ 3.2-6014. Circuit court judges may enforce orders of Commissioner, Board, or State Veterinarian
§ 3.2-6016. Altering disease control identification of livestock or poultry
§ 3.2-6019. Liability for damages
§ 3.2-6020. Appraisement of condemned cattle
§ 3.2-6022. Indemnity to owner for the euthanasia or slaughter of swine
§ 3.2-6023. Prevention and control measures; penalty
§ 3.2-6026. Disposal of dead poultry
§ 3.2-6027. Transportation of dead poultry
§ 3.2-6028. Exemptions from provisions of article
§ 3.2-6032. Unlawful to feed garbage to swine
§ 3.2-6033. Ordinances prohibiting feeding of certain putrescible wastes
§ 3.2-6034. Commissioner to enjoin violations
§ 3.2-6036. Department may issue, deny, and revoke licenses
§ 3.2-6037. Grounds for denial, suspension, or revocation of license
§ 3.2-6038. Application and license fees; other costs
§ 3.2-6039. Board to adopt regulations
§ 3.2-6040. Limitation on animals to be held
§ 3.2-6041. Exemption from article