                                 CODE OF VIRGINIA

AUTHORITY OF THE BOARD AND THE COMMISSIONER TO ADOPT REGULATIONS (§ 3.2-4801)

A. The Board may adopt regulations for commercial feeds as are necessary to
carry out the provisions of this chapter.

B. The Commissioner may adopt as a regulation:

   1. 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;

   2. Any federal regulation that pertains to this chapter, amending it as
   necessary for intrastate applicability;

   3. 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; and

   4. 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
   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. 743, § 3.1-828.4; 2008, c. 860.