3.2-4801 - Authority of the Board and the Commissioner to adopt regulations. - Virginia Statutes

§ 3.2-4801. Authority of the Board and the Commissioner to adopt regulations.

A. The Board may adopt regulations for commercial feeds as are necessary tocarry out the provisions of this chapter.

B. The Commissioner may adopt as a regulation:

1. The official Definitions of Feed Ingredients, Official Feed Terms, andanalytical variations adopted by the Association of American Feed ControlOfficials and published in the Official Publication of that organization;

2. Any federal regulation that pertains to this chapter, amending it asnecessary for intrastate applicability;

3. The methods of sampling and analysis for commercial feed and thecomponents of commercial feed adopted by the Association of OfficialAnalytical Chemists in the publication of that organization; and

4. Any method of sampling and analysis for commercial feed and the componentsof commercial feed developed by the Department or adopted by agencies of thefederal government, agencies of other states, the Division of ConsolidatedLaboratory Services or other commercial laboratories accredited by the Foodand Drug Administration, U.S. Department of Agriculture or Association ofOfficial Analytical Chemists.

C. Such regulations adopted by the Commissioner shall be effective uponfiling with the Registrar of Regulations, who shall publish the regulation asa final regulation in the Virginia Register of Regulations. The regulationshall contain a preamble stating that the Board will receive, consider, andrespond to petitions by any interested person at any time with respect toreconsideration or revision of such regulation.

D. The Board, after giving notice in the Virginia Register of Regulations,may reconsider and revise the regulation adopted by the Commissioner. Suchrevised regulation shall be effective upon filing with the Registrar ofRegulations, who shall publish the regulation as a final regulation in theVirginia Register of Regulations.

E. Neither the provisions of the Administrative Process Act (§ 2.2-4000 etseq.) nor public participation guidelines adopted pursuant thereto shallapply to the adoption, reconsideration, or revision of any regulation adoptedpursuant to subsections B, C, and D.

(1994, c. 743, § 3.1-828.4; 2008, c. 860.)