§ 3.2-5121. Authority to adopt regulations; conformity with federalregulations; hearings; enforcement of article; review of regulations.
A. The Board is authorized to adopt regulations for the efficient enforcementof this article, unless that authority is specifically granted to theCommissioner. The Board may make the regulations adopted under this articleconform, insofar as practicable with those adopted under the federal act.Notwithstanding any other requirement under the Administrative Process Act (§2.2-4000 et seq.) to the contrary, the Commissioner may adopt any regulationunder the federal act without public hearing. Such regulation shall beeffective upon filing with the Registrar of Regulations. The Board, at itsnext regular meeting, shall adopt the regulation after notice but withoutpublic hearing unless a petition is filed in accordance with subsection F.
B. The Board may adopt any edition of the Food and Drug Administration's FoodCode, or supplement thereto, or any portion thereof, as regulations, with anyamendments as it deems appropriate. In addition, the Board may repeal oramend any regulation adopted pursuant to this subsection. No regulationsadopted or amended by the Board pursuant to this subsection shall establishrequirements for any license, permit or inspection unless such license,permit or inspection is otherwise provided for in this title. The provisionsof the Food and Drug Administration's Food Code shall not apply to farmersselling their own farm-produced products directly to consumers for theirpersonal use, whether such sales occur on such farmer's farm or at a farmers'market, unless such provisions are adopted in accordance with theAdministrative Process Act (§ 2.2-4000 et seq.).
C. The provisions of the Administrative Process Act (§ 2.2-4000 et seq.)shall not apply to the adoption of any regulation pursuant to subsection B ifthe Board of Health adopts the same edition of the Food and DrugAdministration's Food Code, or the same portions thereof, pursuant tosubsection C of § 35.1-14 and the regulations adopted by the Board and theBoard of Health have the same effective date. In the event that the Board ofHealth adopts regulations pursuant to § 2.2-4012.1, the effective date of theBoard's regulations may be any date on or after the effective date of theregulations adopted by the Board of Health.
Notwithstanding any exemption to the contrary, a regulation adopted pursuantto subsection B shall be subject to the requirements set out in §§2.2-4007.03, 2.2-4007.04, and 2.2-4007.05, and shall be published in theVirginia Register of Regulations. After the close of the 60-day commentperiod, the Board may adopt a final regulation, with or without changes. Suchregulation shall become effective 15 days after publication in the VirginiaRegister, unless the Board has withdrawn or suspended the regulation, or alater date has been set by the Board. The Board shall also hold at least onepublic hearing on the proposed regulation during the 60-day comment period.The notice for such public hearing shall include the date, time and place ofthe hearing.
D. Hearings authorized or required by this article shall be conducted by theBoard, the Commissioner or such officer, agent, or employee as the Board maydesignate for the purpose.
E. The Commissioner shall coordinate enforcement of this article with theapplicable federal agencies charged with enforcement of the federal act, inorder to avoid unnecessary or unjustified conflict between enforcement ofthis article and the federal act as to Virginia food manufacturers,processors, packers, and retailers.
F. The Board or Commissioner shall from time to time for good cause shown toreview the regulations and enforcement guidelines adopted pursuant to thisarticle. If the Commissioner finds that any federal regulation or enforcementguideline that includes any tolerance or action level that does not protectthe health and welfare of the citizens of the Commonwealth, he shall petitionthe appropriate federal agency to change the federal regulation orenforcement guideline.
G. The Commissioner or any interested party for good cause shown may requestthe Board to hold a public hearing concerning any regulation or enforcementguideline. If the Board after hearing finds that the regulation orenforcement guideline does not protect the health and welfare of the citizensof the Commonwealth, it shall adopt a new regulation or enforcementguideline. Within the limits of personnel and funds available all stateagencies and institutions shall cooperate and assist in furnishinginformation and data as to whether the regulations or enforcement guidelinesin question protect the health and welfare of the citizens of theCommonwealth.
(Code 1950, § 3-318; 1966, c. 702, § 3.1-398; 1977, c. 440; 2003, c. 695;2004, c. 802; 2007, cc. 873, 916; 2008, c. 860.)
§ 3.2-5121. Authority to adopt regulations; conformity with federalregulations; hearings; enforcement of article; review of regulations.
A. The Board is authorized to adopt regulations for the efficient enforcementof this article, unless that authority is specifically granted to theCommissioner. The Board may make the regulations adopted under this articleconform, insofar as practicable with those adopted under the federal act.Notwithstanding any other requirement under the Administrative Process Act (§2.2-4000 et seq.) to the contrary, the Commissioner may adopt any regulationunder the federal act without public hearing. Such regulation shall beeffective upon filing with the Registrar of Regulations. The Board, at itsnext regular meeting, shall adopt the regulation after notice but withoutpublic hearing unless a petition is filed in accordance with subsection F.
B. The Board may adopt any edition of the Food and Drug Administration's FoodCode, or supplement thereto, or any portion thereof, as regulations, with anyamendments as it deems appropriate. In addition, the Board may repeal oramend any regulation adopted pursuant to this subsection. No regulationsadopted or amended by the Board pursuant to this subsection shall establishrequirements for any license, permit or inspection unless such license,permit or inspection is otherwise provided for in this title. The provisionsof the Food and Drug Administration's Food Code shall not apply to farmersselling their own farm-produced products directly to consumers for theirpersonal use, whether such sales occur on such farmer's farm or at a farmers'market, unless such provisions are adopted in accordance with theAdministrative Process Act (§ 2.2-4000 et seq.).
C. The provisions of the Administrative Process Act (§ 2.2-4000 et seq.)shall not apply to the adoption of any regulation pursuant to subsection B ifthe Board of Health adopts the same edition of the Food and DrugAdministration's Food Code, or the same portions thereof, pursuant tosubsection C of § 35.1-14 and the regulations adopted by the Board and theBoard of Health have the same effective date. In the event that the Board ofHealth adopts regulations pursuant to § 2.2-4012.1, the effective date of theBoard's regulations may be any date on or after the effective date of theregulations adopted by the Board of Health.
Notwithstanding any exemption to the contrary, a regulation adopted pursuantto subsection B shall be subject to the requirements set out in §§2.2-4007.03, 2.2-4007.04, and 2.2-4007.05, and shall be published in theVirginia Register of Regulations. After the close of the 60-day commentperiod, the Board may adopt a final regulation, with or without changes. Suchregulation shall become effective 15 days after publication in the VirginiaRegister, unless the Board has withdrawn or suspended the regulation, or alater date has been set by the Board. The Board shall also hold at least onepublic hearing on the proposed regulation during the 60-day comment period.The notice for such public hearing shall include the date, time and place ofthe hearing.
D. Hearings authorized or required by this article shall be conducted by theBoard, the Commissioner or such officer, agent, or employee as the Board maydesignate for the purpose.
E. The Commissioner shall coordinate enforcement of this article with theapplicable federal agencies charged with enforcement of the federal act, inorder to avoid unnecessary or unjustified conflict between enforcement ofthis article and the federal act as to Virginia food manufacturers,processors, packers, and retailers.
F. The Board or Commissioner shall from time to time for good cause shown toreview the regulations and enforcement guidelines adopted pursuant to thisarticle. If the Commissioner finds that any federal regulation or enforcementguideline that includes any tolerance or action level that does not protectthe health and welfare of the citizens of the Commonwealth, he shall petitionthe appropriate federal agency to change the federal regulation orenforcement guideline.
G. The Commissioner or any interested party for good cause shown may requestthe Board to hold a public hearing concerning any regulation or enforcementguideline. If the Board after hearing finds that the regulation orenforcement guideline does not protect the health and welfare of the citizensof the Commonwealth, it shall adopt a new regulation or enforcementguideline. Within the limits of personnel and funds available all stateagencies and institutions shall cooperate and assist in furnishinginformation and data as to whether the regulations or enforcement guidelinesin question protect the health and welfare of the citizens of theCommonwealth.
(Code 1950, § 3-318; 1966, c. 702, § 3.1-398; 1977, c. 440; 2003, c. 695;2004, c. 802; 2007, cc. 873, 916; 2008, c. 860.)
§ 3.2-5121. Authority to adopt regulations; conformity with federalregulations; hearings; enforcement of article; review of regulations.
A. The Board is authorized to adopt regulations for the efficient enforcementof this article, unless that authority is specifically granted to theCommissioner. The Board may make the regulations adopted under this articleconform, insofar as practicable with those adopted under the federal act.Notwithstanding any other requirement under the Administrative Process Act (§2.2-4000 et seq.) to the contrary, the Commissioner may adopt any regulationunder the federal act without public hearing. Such regulation shall beeffective upon filing with the Registrar of Regulations. The Board, at itsnext regular meeting, shall adopt the regulation after notice but withoutpublic hearing unless a petition is filed in accordance with subsection F.
B. The Board may adopt any edition of the Food and Drug Administration's FoodCode, or supplement thereto, or any portion thereof, as regulations, with anyamendments as it deems appropriate. In addition, the Board may repeal oramend any regulation adopted pursuant to this subsection. No regulationsadopted or amended by the Board pursuant to this subsection shall establishrequirements for any license, permit or inspection unless such license,permit or inspection is otherwise provided for in this title. The provisionsof the Food and Drug Administration's Food Code shall not apply to farmersselling their own farm-produced products directly to consumers for theirpersonal use, whether such sales occur on such farmer's farm or at a farmers'market, unless such provisions are adopted in accordance with theAdministrative Process Act (§ 2.2-4000 et seq.).
C. The provisions of the Administrative Process Act (§ 2.2-4000 et seq.)shall not apply to the adoption of any regulation pursuant to subsection B ifthe Board of Health adopts the same edition of the Food and DrugAdministration's Food Code, or the same portions thereof, pursuant tosubsection C of § 35.1-14 and the regulations adopted by the Board and theBoard of Health have the same effective date. In the event that the Board ofHealth adopts regulations pursuant to § 2.2-4012.1, the effective date of theBoard's regulations may be any date on or after the effective date of theregulations adopted by the Board of Health.
Notwithstanding any exemption to the contrary, a regulation adopted pursuantto subsection B shall be subject to the requirements set out in §§2.2-4007.03, 2.2-4007.04, and 2.2-4007.05, and shall be published in theVirginia Register of Regulations. After the close of the 60-day commentperiod, the Board may adopt a final regulation, with or without changes. Suchregulation shall become effective 15 days after publication in the VirginiaRegister, unless the Board has withdrawn or suspended the regulation, or alater date has been set by the Board. The Board shall also hold at least onepublic hearing on the proposed regulation during the 60-day comment period.The notice for such public hearing shall include the date, time and place ofthe hearing.
D. Hearings authorized or required by this article shall be conducted by theBoard, the Commissioner or such officer, agent, or employee as the Board maydesignate for the purpose.
E. The Commissioner shall coordinate enforcement of this article with theapplicable federal agencies charged with enforcement of the federal act, inorder to avoid unnecessary or unjustified conflict between enforcement ofthis article and the federal act as to Virginia food manufacturers,processors, packers, and retailers.
F. The Board or Commissioner shall from time to time for good cause shown toreview the regulations and enforcement guidelines adopted pursuant to thisarticle. If the Commissioner finds that any federal regulation or enforcementguideline that includes any tolerance or action level that does not protectthe health and welfare of the citizens of the Commonwealth, he shall petitionthe appropriate federal agency to change the federal regulation orenforcement guideline.
G. The Commissioner or any interested party for good cause shown may requestthe Board to hold a public hearing concerning any regulation or enforcementguideline. If the Board after hearing finds that the regulation orenforcement guideline does not protect the health and welfare of the citizensof the Commonwealth, it shall adopt a new regulation or enforcementguideline. Within the limits of personnel and funds available all stateagencies and institutions shall cooperate and assist in furnishinginformation and data as to whether the regulations or enforcement guidelinesin question protect the health and welfare of the citizens of theCommonwealth.
(Code 1950, § 3-318; 1966, c. 702, § 3.1-398; 1977, c. 440; 2003, c. 695;2004, c. 802; 2007, cc. 873, 916; 2008, c. 860.)
