TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

REGISTRAR’S NOTICE: The Board of Agriculture and Consumer Services is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Board of Agriculture and Consumer Services will receive, consider and respond to petitions from any interested person at any time with respect to reconsideration or revision.

Final Regulation

Title of Regulation: 2VAC5-60. Rules and Regulations Governing the Operation of Livestock Markets (amending 2VAC5-60-10).

Statutory Authority: §§ 3.2-6001, 3.2-6002, and 3.2-6004 of the Code of Virginia.

Effective Date: March 4, 2009.

Agency Contact: Colleen Calderwood, DVM, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-2483, FAX (804) 371-2380, TTY (800) 828-1120, or email colleen.calderwood@vdacs.virginia.gov.

Summary:

The amendments update citations to reflect the recodification of Title 3.1 to Title 3.2 of the Code of Virginia, which became effective October 1, 2008.

2VAC5-60-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meaning, meanings unless the context clearly indicates otherwise:

"Animal waste" means livestock or poultry excreta and associated feed losses, bedding, litter or other materials.

"Brucellosis" means a disease of cattle, goats, and swine caused by the bacterium Brucella.

"Cull pigs" means those swine offered for sale that do not pass veterinary health inspection.

"Department" means the Virginia Department of Agriculture and Consumer Services.

"Feeder or breeder swine" means all swine except slaughter swine.

"Interstate health certificate" means a legible record covering the requirements for the importation of animals into the Commonwealth of Virginia, executed on an approved form of the state of origin and bearing the endorsement of the livestock health official of that state.

"Livestock" means farm animals kept for use and profit such as cattle, sheep, swine, goats, and horses.

"Livestock inspector" means an employee of the State Veterinarian who is assigned to each livestock market for the purpose of carrying out the orders of the State Veterinarian.

"Livestock market" means any premise where animals are habitually assembled for sale or exchange as outlined in § 3.1-737 3.2-6012 of the Code of Virginia.

"Official brucellosis test" means a blood serum test for brucellosis, commonly called the card test.

"Reactors" means those animals which react positive to the official test for brucellosis.

"Slaughter swine" means those swine offered for sale, sold or exchanged for immediate slaughter, which are shipped without diversion to a state or federally inspected slaughtering establishment for immediate slaughter.

"State Veterinarian" means a Virginia Department of Agriculture and Consumer Services veterinarian employed by the Commissioner of Agriculture and Consumer Services who is resposible for the animal health programs in the Commonwealth of Virginia.

"State waters" means all waters of any river, creek, branch, lake, reservoir, pond, bay, roadstead, estuary, inlet, spring, well; and bodies of surface or underground water, natural or artificial, wholly or partially within or bordering the Commonwealth or within its jurisdiction.

VA.R. Doc. No. R09-1695; Filed January 13, 2009, 11:20 a.m.