2006 Code of Virginia § 3.1-106.4 - Authority of the Board and the Commissioner to adopt regulations

3.1-106.4. Authority of the Board and the Commissioner to adopt regulations.

A. The Board is authorized to promulgate such regulations as may be necessaryto give effect to the full intent and meaning of this chapter. Suchregulations may relate, by way of example, but not by way of limitation, toinvestigational allowances, definitions, records, and manufacturingpractices, and to the distribution and storage of regulated product prior tofinal sale.

B. The Commissioner may adopt as a regulation the Official Fertilizer Termsand Definitions adopted by the Association of American Plant Food ControlOfficials. The Commissioner may adopt as a regulation the methods of samplingand analysis for regulated products adopted by the Association of OfficialAnalytical Chemists. The Commissioner may adopt as a regulation any method ofsampling and analysis for a regulated product developed by the Department oradopted by agencies of the federal government, agencies of other states, theDivision of Consolidated Laboratories or other commercial laboratoriesaccredited by the Food and Drug Administration, United States Department ofAgriculture or Association of Official Analytical Chemists. Such regulationsadopted by the Commissioner shall be effective upon filing with the Registrarof Regulations, who shall publish the regulation as a final regulation in theVirginia Register of Regulations. However, the regulation shall contain apreamble stating that the Board will receive, consider, and respond topetitions by any interested person at any time with respect toreconsideration or revision of such regulation. The Commissioner shallprovide notice by first-class mail of regulations adopted by him pursuant tothis section after June 30, 1995, to all manufacturers of currentlyregistered regulated product.

C. 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. Neither the provisions of theAdministrative Process Act ( 2.2-4000 et seq.) nor public participationguidelines adopted pursuant thereto shall apply to the adoption,reconsideration, or revision of any regulation adopted pursuant to subsectionB or C of this section.

(1994, c. 740; 1995, c. 104.)