Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider promulgating the following regulations: 2VAC5-405, Regulations for the Application of Fertilizer to Nonagricultural Lands. The purpose of the proposed action is to ensure that contractor-applicators and licensees applying fertilizers on nonagricultural property are trained and certified in the proper use and application of fertilizers in order to minimize the potential environmental impact that may result from improper use and over-application. The resulting nutrient management training and certification program requirements must comport with the guidelines promulgated by the Department of Conservation and Recreation pursuant to § 10.1-104.2 of the Code of Virginia. The board will establish such requirements in consultation with a technical advisory committee of stakeholders formed by the board.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 3.2-3602.1 of the Code of Virginia.

Public Comments: Public comments may be submitted until 5 p.m. on December 10, 2008.

Agency Contact: Robert E. Bailey, Program Manager, Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-2476, FAX (804) 786-1571, or email robert.bailey@vdacs.virginia.gov.