                                 CODE OF VIRGINIA

AUTHORITY OF BOARD AND COMMISSIONER TO ADOPT REGULATIONS (§ 3.2-3701)

A. The Board may adopt such regulations as are necessary to carry out the
provisions of this chapter. Such regulations may include to investigational
allowances, definitions, records, manufacturing practices and the distribution
and storage of liming material.

B. The Commissioner may adopt, as a regulation:

   1. The Official Fertilizer Terms and Definitions adopted by the Association of
   American Plant Food Control Officials;

   2. The methods of sampling and analysis for liming material adopted by the
   Association of Official Analytical Chemists; and

   3. Any method of sampling and analysis for liming material developed by the
   Department or adopted by agencies of the federal government, agencies of other
   states, the Division of Consolidated Laboratory Services, or other commercial
   laboratories accredited by the Food and Drug Administration, U.S. Department
   of Agriculture or Association of Official Analytical Chemists.

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.

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 (&#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.

HISTORY: 1994, c. 649, § 3.1-126.12:1; 2008, c. 860.