Title of Regulation: 2VAC5-300. Rules and Regulations for the Enforcement of the Virginia Seed Potato Inspection Law (amending 2VAC5-300-10 through 2VAC5-300-50, 2VAC5-300-70).

Statutory Authority: § 3.2-1804 of the Code of Virginia.

Effective Date: April 24, 2013.

Agency Contact: Thomas H. Smith, Agriculture and Consumer Services Supervisor, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3548, FAX (804) 371-7785, TTY (800) 828-1120, or email thomas.smith@vdacs.virginia.gov.

Summary:

The amendments reflect the merger of the Seed Potato Board with the Potato Board pursuant to Chapters 803 and 835 of the 2012 Acts of Assembly and make other technical changes.

CHAPTER 300
RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA SEED POTATO INSPECTION LAW STANDARDS

2VAC5-300-10. Notification of arrival date and location of potatoes.

All persons upon receiving seed Irish potatoes in Virginia, for the commercial production of Irish potatoes, shall notify the nearest office of the Virginia Seed Potato Inspection Service Department of Agriculture and Consumer Services, Fruit and Vegetable Marketing Program, of arrival date and location of potatoes intended for seed purposes.

2VAC5-300-20. Requirements for shipment.

All Irish potatoes shipped into Virginia for seed must meet U.S. No. 1 or U.S. No. 1, size "B," requirements, except that the tolerance for shatter bruising, dirt, and greening may be that designated for U.S. No. 2.

2VAC5-300-30. Certification.

All Irish potatoes shipped into Virginia for seed must be certified according to the regulations established by the officially recognized certifying agency in the state, province of Canada, or the government of a foreign country, wherein said seed potatoes were produced provided such seed potatoes meet the requirements specified in 2VAC5-300-20 and are within tolerances established by 2VAC5-300-60.

2VAC5-300-40. Inspection.

The Commissioner of Agriculture and Consumer Services, or his duly authorized agents shall have the right to draw a reasonable sample from any lot of seed Irish potatoes for the purpose of inspection and observation by the personnel of the Eastern Shore Agricultural Experiment Station. These samples may be planted for observation and comparison, and the results of these tests may be published.

2VAC5-300-50. Certificate of inspection.

A certificate of inspection shall be issued by the Commissioner of Agriculture and Consumer Services or his duly authorized agents at the time of inspection if all requirements of the Virginia Seed Potato Inspection Law Standards (Article 3 (§ 3.2-1816 et seq.) of Chapter 18 of the Code of Virginia) and its rules and regulations have been met. Seed Irish Potatoes potatoes that fail to comply shall be placed under "stop sale" order and the chairman of the State Seed Potato Board shall be promptly notified of this action. Any lot of seed potatoes placed under "stop sale" order shall be held until an official release is issued by the commissioner or his authorized agents in accordance with § 3.2-4107 3.2-1819 of the Virginia Seed Potato Inspection Law Standards. The commissioner or his authorized agents shall verify the removal of certification tags from all bags on lots released for nonpropagational purposes.

2VAC5-300-70. Advisory review committee.

The chairman of the State Seed Potato Board may appoint an advisory review committee comprised of three members of the board to evaluate circumstances involved in any differences of opinion regarding any lot of seed Irish potatoes inspected. This committee shall make recommendations to the Commissioner of Agriculture and Consumer Services or his representative.