Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Section 3.1-828.4 (Repealed effective October 1, 2008) Authority of the Board and the Commissioner to promulgate regu...

§ 3.1-828.4. (Repealed effective October 1, 2008) Authority of the Board and the Commissioner to promulgate regu...

A. The Board is authorized to promulgate such regulations for commercial feeds as are specifically authorized in this chapter and such other reasonable regulations as may be necessary for the efficient enforcement of this chapter.

B. The Commissioner may adopt as a regulation, the official Definitions of Feed Ingredients, Official Feed Terms, and analytical variations adopted by the Association of American Feed Control Officials and published in the Official Publication of that organization. The Commissioner may adopt any regulation under federal law that pertains to this chapter, amending it as necessary for intrastate applicability. The Commissioner may adopt as a regulation the methods of sampling and analysis for commercial feed and the components of commercial feed adopted by the Association of Official Analytical Chemists in the publication of that organization. The Commissioner may adopt as a regulation any method of sampling and analysis for commercial feed and the components of commercial feed 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, United States Department of Agriculture or Association of Official Analytical Chemists. 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.

C. 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.

D. 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 and C.

(1994, c. 743.)

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Last modified: April 16, 2009