§ 3.2-3701. Authority of Board and 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 to investigationalallowances, definitions, records, manufacturing practices and thedistribution and storage of liming material.
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 liming material adopted by theAssociation of Official Analytical Chemists; and
3. Any method of sampling and analysis for liming material developed by theDepartment or adopted by agencies of the federal government, agencies ofother states, the Division of Consolidated Laboratory Services, or othercommercial 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 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.
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.
§ 3.2-3701. Authority of Board and 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 to investigationalallowances, definitions, records, manufacturing practices and thedistribution and storage of liming material.
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 liming material adopted by theAssociation of Official Analytical Chemists; and
3. Any method of sampling and analysis for liming material developed by theDepartment or adopted by agencies of the federal government, agencies ofother states, the Division of Consolidated Laboratory Services, or othercommercial 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 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.
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.
§ 3.2-3701. Authority of Board and 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 to investigationalallowances, definitions, records, manufacturing practices and thedistribution and storage of liming material.
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 liming material adopted by theAssociation of Official Analytical Chemists; and
3. Any method of sampling and analysis for liming material developed by theDepartment or adopted by agencies of the federal government, agencies ofother states, the Division of Consolidated Laboratory Services, or othercommercial 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 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.
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.
