§ 3.2-3601. Authority of the Board and the Commissioner to adopt regulations.
A. The Board may adopt such regulations as are necessary to carry out theprovisions of this chapter. Such regulations may include investigationalallowances, definitions, records, and manufacturing practices, and thedistribution and storage of regulated product prior to final sale.
B. The Commissioner may adopt as a regulation:
1. The Official Fertilizer Terms and Definitions adopted by the Associationof American Plant Food Control Officials;
2. The methods of sampling and analysis for regulated products adopted by theAssociation of Official Analytical Chemists; and
3. Any method of sampling and analysis for a regulated product developed bythe Department or adopted by agencies of the federal government, agencies ofother states, the Division of Consolidated Laboratories or other commerciallaboratories accredited by the Food and Drug Administration, the U.S.Department of Agriculture or the Association of Official Analytical Chemists.
C. Such regulations adopted by the Commissioner shall be effective uponfiling with the Registrar of Regulations, who shall publish the regulation asa final regulation in the Virginia Register of Regulations. The regulationshall contain a preamble stating that the Board will receive, consider, andrespond to petitions 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 to all manufacturers of currently registered regulated product.
D. 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.
E. Neither the provisions of the Administrative Process Act (§ 2.2-4000 etseq.) nor public participation guidelines adopted pursuant thereto shallapply to the adoption, reconsideration, or revision of any regulation adoptedpursuant to subsections B, C, and D of this section.
(1994, c. 740, § 3.1-106.4; 1995, c. 104; 2008, c. 860.)
§ 3.2-3601. Authority of the Board and the Commissioner to adopt regulations.
A. The Board may adopt such regulations as are necessary to carry out theprovisions of this chapter. Such regulations may include investigationalallowances, definitions, records, and manufacturing practices, and thedistribution and storage of regulated product prior to final sale.
B. The Commissioner may adopt as a regulation:
1. The Official Fertilizer Terms and Definitions adopted by the Associationof American Plant Food Control Officials;
2. The methods of sampling and analysis for regulated products adopted by theAssociation of Official Analytical Chemists; and
3. Any method of sampling and analysis for a regulated product developed bythe Department or adopted by agencies of the federal government, agencies ofother states, the Division of Consolidated Laboratories or other commerciallaboratories accredited by the Food and Drug Administration, the U.S.Department of Agriculture or the Association of Official Analytical Chemists.
C. Such regulations adopted by the Commissioner shall be effective uponfiling with the Registrar of Regulations, who shall publish the regulation asa final regulation in the Virginia Register of Regulations. The regulationshall contain a preamble stating that the Board will receive, consider, andrespond to petitions 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 to all manufacturers of currently registered regulated product.
D. 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.
E. Neither the provisions of the Administrative Process Act (§ 2.2-4000 etseq.) nor public participation guidelines adopted pursuant thereto shallapply to the adoption, reconsideration, or revision of any regulation adoptedpursuant to subsections B, C, and D of this section.
(1994, c. 740, § 3.1-106.4; 1995, c. 104; 2008, c. 860.)
§ 3.2-3601. Authority of the Board and the Commissioner to adopt regulations.
A. The Board may adopt such regulations as are necessary to carry out theprovisions of this chapter. Such regulations may include investigationalallowances, definitions, records, and manufacturing practices, and thedistribution and storage of regulated product prior to final sale.
B. The Commissioner may adopt as a regulation:
1. The Official Fertilizer Terms and Definitions adopted by the Associationof American Plant Food Control Officials;
2. The methods of sampling and analysis for regulated products adopted by theAssociation of Official Analytical Chemists; and
3. Any method of sampling and analysis for a regulated product developed bythe Department or adopted by agencies of the federal government, agencies ofother states, the Division of Consolidated Laboratories or other commerciallaboratories accredited by the Food and Drug Administration, the U.S.Department of Agriculture or the Association of Official Analytical Chemists.
C. Such regulations adopted by the Commissioner shall be effective uponfiling with the Registrar of Regulations, who shall publish the regulation asa final regulation in the Virginia Register of Regulations. The regulationshall contain a preamble stating that the Board will receive, consider, andrespond to petitions 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 to all manufacturers of currently registered regulated product.
D. 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.
E. Neither the provisions of the Administrative Process Act (§ 2.2-4000 etseq.) nor public participation guidelines adopted pursuant thereto shallapply to the adoption, reconsideration, or revision of any regulation adoptedpursuant to subsections B, C, and D of this section.
(1994, c. 740, § 3.1-106.4; 1995, c. 104; 2008, c. 860.)
