2006 Code of Virginia § 3.1-726 - Contagious and infectious diseases; presence of biological residues; eradication and preventio...

3.1-726. Contagious and infectious diseases; presence of biologicalresidues; eradication and prevention.

A. The diseases known as tuberculosis, foot and mouth disease, anthrax,Bang's abortion disease, hemorrhagic septicemia, Texas fever, hog cholera,cattle scab, sheep scab, pullorum disease and all such other diseases oflivestock and poultry, whether or not of similar character, as may be foundto be of a contagious and infectious nature, shall be classed as contagiousand infectious diseases of livestock and poultry, and such measures shall betaken by the Board or its authorized veterinarian as to them may seemnecessary, to eradicate and prevent the spread of such diseases. The Boardmay adopt such regulations as may be necessary to effectuate the purposes ofthis article. The Board and the Commissioner are also authorized to make theregulations adopted under this article conform, insofar as practicable, tothose regulations adopted under federal statutes governing animal health.

B. The Commissioner may adopt by reference any federal regulation adoptedpursuant to any federal statute relating to animal health, including, but notlimited to, 21 U.S.C. 111-113, 115, 117, 120, 123-126, 134a, 134b, and134f; the Animal Industry Act; the Cattle Contagious Diseases Act; and theAnimal Quarantine Act. Any regulation adopted by the Commissioner pursuantto this subsection shall be effective upon filing with the Registrar ofRegulations, who shall publish the regulation as a final regulation in theVirginia Register of Regulations.

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 withrespect to reconsideration or revision of such regulation. Neither therequirements of the Administrative Process Act ( 2.2-4000 et seq.) norpublic participation guidelines adopted pursuant thereto shall apply to theadoption of any regulation by the Commissioner pursuant to this subsection.

C. The Board, after giving notice in the Virginia Register of Regulations,may reconsider the regulation adopted by the Commissioner. If, uponreconsideration, the Board determines that the regulation should be revisedother than as authorized by subsection B of this section, the Board may amendthe regulation only as authorized by the Administrative Process Act.

D. The Board of Agriculture and Consumer Services may use the powers grantedby this article to abate the presence of biological residues in or onlivestock or poultry. Biological residues shall mean those substancesremaining in or on any animal prior to or at the time of slaughter as theresult of treatment or exposure which are determined by the Board ofAgriculture and Consumer Services to be or to have the potential for beinginjurious to the health of humans or animals.

(Code 1950, 3-568; 1966, c. 702; 1977, c. 299; 1981, c. 130; 1991, c. 294.)