{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-3601.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-3601.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-3601.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-3601.html"}],"law_id":68481,"edition_id":1,"section_id":68481,"structure_id":14027,"section_number":"3.2-3601","catch_line":"Authority of the Board and the Commissioner to adopt regulations","history":"1994, c. 740, \u00a7 3.1-106.4; 1995, c. 104; 2008, c. 860; 2011, cc. 552, 564.","full_text":"A\n\nThe 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\n\nThe Commissioner may adopt as a regulation:1\n\nThe Official Fertilizer Terms, Definitions, and Standards adopted by AAPFCO;2\n\nThe methods of sampling and analysis for regulated products adopted by AOAC International; and3\n\nAny 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\n\nSuch 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\n\nThe 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\n\nNeither the provisions of the Administrative Process Act (&#xA7; 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.","order_by":null,"text":{"0":{"id":247939,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":247940,"text":"The Commissioner may adopt as a regulation:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":247941,"text":"The Official Fertilizer Terms, Definitions, and Standards adopted by AAPFCO;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":247942,"text":"The methods of sampling and analysis for regulated products adopted by AOAC International; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":247943,"text":"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.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":247944,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":247945,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":247946,"text":"Neither the provisions of the Administrative Process Act (&#xA7; 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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14027,"edition_id":1,"name":"Fertilizer","identifier":"36","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:46:38","date_modified":"2026-06-26 03:46:38","permalink":{"id":195619,"object_type":"structure","relational_id":14027,"identifier":"36","token":"3.2\/III\/36","url":"\/3.2\/III\/36\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13102,"edition_id":1,"name":"Production and Sale of Agricultural Products","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195443,"object_type":"structure","relational_id":13102,"identifier":"III","token":"3.2\/III","url":"\/3.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59575,"structure_id":14027,"section_number":"3.2-3600","catch_line":"Definitions","url":"\/3.2-3600\/","token":"3.2\/III\/36\/3.2-3600","metadata":false},{"id":68481,"structure_id":14027,"section_number":"3.2-3601","catch_line":"Authority of the Board and the Commissioner to adopt regulations","url":"\/3.2-3601\/","token":"3.2\/III\/36\/3.2-3601","metadata":false},{"id":66799,"structure_id":14027,"section_number":"3.2-3602","catch_line":"Local government regulation of fertilizer","url":"\/3.2-3602\/","token":"3.2\/III\/36\/3.2-3602","metadata":false},{"id":55117,"structure_id":14027,"section_number":"3.2-3602.1","catch_line":"Board authorized to adopt regulations for the application of regulated products to nonagricultural property; civil penalty","url":"\/3.2-3602.1\/","token":"3.2\/III\/36\/3.2-3602.1","metadata":false},{"id":78420,"structure_id":14027,"section_number":"3.2-3603","catch_line":"Publications","url":"\/3.2-3603\/","token":"3.2\/III\/36\/3.2-3603","metadata":false},{"id":76927,"structure_id":14027,"section_number":"3.2-3604","catch_line":"Exchanges between manufacturers","url":"\/3.2-3604\/","token":"3.2\/III\/36\/3.2-3604","metadata":false},{"id":84815,"structure_id":14027,"section_number":"3.2-3605","catch_line":"License and registration year; permit year","url":"\/3.2-3605\/","token":"3.2\/III\/36\/3.2-3605","metadata":false},{"id":83375,"structure_id":14027,"section_number":"3.2-3606","catch_line":"Distributor required to obtain license; fee","url":"\/3.2-3606\/","token":"3.2\/III\/36\/3.2-3606","metadata":false},{"id":73814,"structure_id":14027,"section_number":"3.2-3607","catch_line":"Product registration and label requirements; exemptions","url":"\/3.2-3607\/","token":"3.2\/III\/36\/3.2-3607","metadata":false},{"id":55654,"structure_id":14027,"section_number":"3.2-3607.1","catch_line":"Consumer education","url":"\/3.2-3607.1\/","token":"3.2\/III\/36\/3.2-3607.1","metadata":false},{"id":57702,"structure_id":14027,"section_number":"3.2-3607.2","catch_line":"Sale of deicing agents","url":"\/3.2-3607.2\/","token":"3.2\/III\/36\/3.2-3607.2","metadata":false},{"id":74578,"structure_id":14027,"section_number":"3.2-3608","catch_line":"Contractor-applicator permit","url":"\/3.2-3608\/","token":"3.2\/III\/36\/3.2-3608","metadata":false},{"id":68090,"structure_id":14027,"section_number":"3.2-3609","catch_line":"Reporting year; inspection fees; distribution to nonlicensees","url":"\/3.2-3609\/","token":"3.2\/III\/36\/3.2-3609","metadata":false},{"id":76270,"structure_id":14027,"section_number":"3.2-3610","catch_line":"Statistical reports","url":"\/3.2-3610\/","token":"3.2\/III\/36\/3.2-3610","metadata":false},{"id":85495,"structure_id":14027,"section_number":"3.2-3611","catch_line":"Labeling","url":"\/3.2-3611\/","token":"3.2\/III\/36\/3.2-3611","metadata":false},{"id":86800,"structure_id":14027,"section_number":"3.2-3612","catch_line":"Misbranding","url":"\/3.2-3612\/","token":"3.2\/III\/36\/3.2-3612","metadata":false},{"id":69387,"structure_id":14027,"section_number":"3.2-3613","catch_line":"Adulteration","url":"\/3.2-3613\/","token":"3.2\/III\/36\/3.2-3613","metadata":false},{"id":81584,"structure_id":14027,"section_number":"3.2-3614","catch_line":"Commercial value","url":"\/3.2-3614\/","token":"3.2\/III\/36\/3.2-3614","metadata":false},{"id":79051,"structure_id":14027,"section_number":"3.2-3615","catch_line":"Plant food deficiency","url":"\/3.2-3615\/","token":"3.2\/III\/36\/3.2-3615","metadata":false},{"id":86957,"structure_id":14027,"section_number":"3.2-3616","catch_line":"Assessments for variance from label guarantees","url":"\/3.2-3616\/","token":"3.2\/III\/36\/3.2-3616","metadata":false},{"id":86928,"structure_id":14027,"section_number":"3.2-3617","catch_line":"Fund established; disposition of fees, assessments, and penalties","url":"\/3.2-3617\/","token":"3.2\/III\/36\/3.2-3617","metadata":false},{"id":72042,"structure_id":14027,"section_number":"3.2-3618","catch_line":"Inspection, sampling and analysis; penalty","url":"\/3.2-3618\/","token":"3.2\/III\/36\/3.2-3618","metadata":false},{"id":79315,"structure_id":14027,"section_number":"3.2-3619","catch_line":"Stop sale, use, removal, or seizure orders; penalty","url":"\/3.2-3619\/","token":"3.2\/III\/36\/3.2-3619","metadata":false},{"id":73611,"structure_id":14027,"section_number":"3.2-3620","catch_line":"Seizure and condemnation","url":"\/3.2-3620\/","token":"3.2\/III\/36\/3.2-3620","metadata":false},{"id":77950,"structure_id":14027,"section_number":"3.2-3621","catch_line":"Cancellation of registration, permit, or license","url":"\/3.2-3621\/","token":"3.2\/III\/36\/3.2-3621","metadata":false},{"id":86714,"structure_id":14027,"section_number":"3.2-3622","catch_line":"Commissioner's actions; injunction","url":"\/3.2-3622\/","token":"3.2\/III\/36\/3.2-3622","metadata":false},{"id":72907,"structure_id":14027,"section_number":"3.2-3623","catch_line":"Repealed","url":"\/3.2-3623\/","token":"3.2\/III\/36\/3.2-3623","metadata":false},{"id":75491,"structure_id":14027,"section_number":"3.2-3624","catch_line":"Warning","url":"\/3.2-3624\/","token":"3.2\/III\/36\/3.2-3624","metadata":false},{"id":84748,"structure_id":14027,"section_number":"3.2-3625","catch_line":"Violations; civil penalties","url":"\/3.2-3625\/","token":"3.2\/III\/36\/3.2-3625","metadata":false}],"previous_section":{"id":59575,"structure_id":14027,"section_number":"3.2-3600","catch_line":"Definitions","url":"\/3.2-3600\/","token":"3.2\/III\/36\/3.2-3600","metadata":false},"next_section":{"id":66799,"structure_id":14027,"section_number":"3.2-3602","catch_line":"Local government regulation of fertilizer","url":"\/3.2-3602\/","token":"3.2\/III\/36\/3.2-3602","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-3601\/","history_text":"<p>This law was first created in 1994. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0740\">740<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0104\">104<\/a>; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0860\">860<\/a>; in 2011, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0552\">552<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0564\">564<\/a>.<\/p>","references":[{"id":69625,"section_number":"2.2-4002","catch_line":"Exemptions from chapter generally","order_by":null,"url":"\/2.2-4002\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":195625,"object_type":"law","relational_id":68481,"identifier":"3.2-3601","token":"3.2\/III\/36\/3.2-3601","url":"\/3.2-3601\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-3601\/","token":"3.2\/III\/36\/3.2-3601","dublin_core":{"Title":"Authority of the Board and the Commissioner to adopt regulations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-3601","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">Board<\/span> may adopt such regulations as are necessary to carry out the provisions of this chapter. Such regulations may include <span class=\"dictionary\">investigational allowances<\/span>, definitions, records, and manufacturing practices, and the distribution and storage of <span class=\"dictionary\">regulated product<\/span> prior to final sale. <a id=\"paragraph-247939\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3601\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Commissioner<\/span> may adopt as a regulation: <a id=\"paragraph-247940\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3601\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The Official <span class=\"dictionary\">Fertilizer<\/span> Terms, Definitions, and Standards adopted by <span class=\"dictionary\">AAPFCO<\/span>; <a id=\"paragraph-247941\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3601\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The methods of sampling and analysis for <span class=\"dictionary\">regulated products<\/span> adopted by <span class=\"dictionary\">AOAC International<\/span>; and <a id=\"paragraph-247942\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3601\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Any method of sampling and analysis for a <span class=\"dictionary\">regulated product<\/span> developed by the <span class=\"dictionary\">Department<\/span> 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. <span class=\"dictionary\">Department<\/span> of Agriculture. <a id=\"paragraph-247943\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3601\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Such regulations adopted by the <span class=\"dictionary\">Commissioner<\/span> 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 <span class=\"dictionary\">Board<\/span> will receive, consider, and respond to <span class=\"dictionary\">petitions<\/span> by any interested person at any time with respect to reconsideration or revision of such regulation. The <span class=\"dictionary\">Commissioner<\/span> shall provide notice by first-class mail of regulations adopted by him pursuant to this section to all <span class=\"dictionary\">manufacturers<\/span> of currently registered <span class=\"dictionary\">regulated product<\/span>. <a id=\"paragraph-247944\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3601\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">Board<\/span>, after giving notice in the Virginia Register of Regulations, may reconsider and revise the regulation adopted by the <span class=\"dictionary\">Commissioner<\/span>. 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. <a id=\"paragraph-247945\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3601\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Neither the provisions of the Administrative Process Act (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> 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. <a id=\"paragraph-247946\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/3.2-3601\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAUTHORITY OF THE BOARD AND THE COMMISSIONER TO ADOPT REGULATIONS (\u00a7 3.2-3601)\n\nA. The Board may adopt such regulations as are necessary to carry out the\nprovisions of this chapter. Such regulations may include investigational\nallowances, definitions, records, and manufacturing practices, and the\ndistribution and storage of regulated product prior to final sale.\n\nB. The Commissioner may adopt as a regulation:\n\n   1. The Official Fertilizer Terms, Definitions, and Standards adopted by\n   AAPFCO;\n\n   2. The methods of sampling and analysis for regulated products adopted by AOAC\n   International; and\n\n   3. Any method of sampling and analysis for a regulated product developed by\n   the Department or adopted by agencies of the federal government, agencies of\n   other states, the Division of Consolidated Laboratories or other commercial\n   laboratories accredited by the Food and Drug Administration, or the U.S.\n   Department of Agriculture.\n\nC. Such regulations adopted by the Commissioner shall be effective upon filing\nwith the Registrar of Regulations, who shall publish the regulation as a final\nregulation in the Virginia Register of Regulations. The regulation shall contain\na preamble stating that the Board will receive, consider, and respond to\npetitions by any interested person at any time with respect to reconsideration\nor revision of such regulation. The Commissioner shall provide notice by\nfirst-class mail of regulations adopted by him pursuant to this section to all\nmanufacturers of currently registered regulated product.\n\nD. The Board, after giving notice in the Virginia Register of Regulations, may\nreconsider and revise the regulation adopted by the Commissioner. Such revised\nregulation shall be effective upon filing with the Registrar of Regulations, who\nshall publish the regulation as a final regulation in the Virginia Register of\nRegulations.\n\nE. Neither the provisions of the Administrative Process Act (&#xA7; 2.2-4000 et\nseq.) nor public participation guidelines adopted pursuant thereto shall apply\nto the adoption, reconsideration, or revision of any regulation adopted pursuant\nto subsections B, C, and D of this section.\n\nHISTORY: 1994, c. 740, \u00a7 3.1-106.4; 1995, c. 104; 2008, c. 860; 2011, cc. 552,\n564.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}