CODE OF VIRGINIA

AUTHORITY OF THE BOARD AND THE COMMISSIONER TO ADOPT REGULATIONS (§ 3.2-3601)

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.

HISTORY: 1994, c. 740, § 3.1-106.4; 1995, c. 104; 2008, c. 860; 2011, cc. 552,
564.