Title of Regulation: 2VAC5-410. Rules and Regulations for the Enforcement of the Virginia Agricultural Liming Materials Law (amending 2VAC5-410-40, 2VAC5-410-50).

Statutory Authority: § 3.2-3701 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: January 1, 2014.

Effective Date: January 16, 2014.

Agency Contact: Erin Williams, Policy and Planning Coordinator, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1308, FAX (804) 371-7479, TTY (800) 828-1120, or email erin.williams@vdacs.virginia.gov.

Basis: Section 3.2-109 of the Code of Virginia authorizes the Board of Agriculture and Consumer Services to adopt regulations in accordance with Title 3.2 of the Code of Virginia regarding agriculture, animal care, and food. The Virginia Department of Agriculture and Consumer Services (VDACS) administers the provisions of the Agriculture Liming Materials Act (Chapter 37 (§ 3.2-3700 et seq.) of Title 3.2 of the Code of Virginia). Section 3.2-3701 of the Act authorizes the board to adopt regulations necessary to carry out the provisions of the Act.

Purpose: AOAC International is a provider and facilitator of the development, use, and harmonization of validated analytical methods and laboratory quality assurance programs and services. This regulation references AOAC International's official methods of analysis for the components of agricultural liming materials. AOAC International has not amended the substance of the official methods of analysis that are currently cited in 2VAC5-410-40; however, AOAC International has revised the numbering system it uses for its official methods of analysis. As such, the current regulation cites obsolete method numbers. The proposed amendments will update the method numbers to cite the 18th edition of the "Official Methods of Analysis of AOAC International."

This regulation assists in ensuring that agricultural liming material sold in Virginia will effectively neutralize soil acidity within the growing season of the crop being grown, thereby assisting in the protection of the welfare of Virginia’s agriculture industry.

Rationale for Using Fast-Track Process: The proposed amendments update obsolete references and are not substantive amendments. As such, this rulemaking is expected to be noncontroversial.

Substance: The proposed amendments update obsolete references to (i) AOAC International, formerly the Association of Official Analytical Chemists; (ii) AOAC International's publication, "Official Methods of Analysis of AOAC International"; and (iii) the relevant methods of analysis included in AOAC International's publication. AOAC International has not amended the substance of official methods of analysis that are cited in 2VAC5-410-40; however, AOAC International has revised the numbering system it uses for its official methods of analysis, which makes it necessary to amend the relevant references in this regulation. The proposed amendments do not substantively alter the existing regulation.

Issues: The proposed amendments clarify for manufacturers of agricultural liming materials which methods of analysis VDACS uses in testing agricultural liming material. This regulation assists in ensuring that agricultural liming material sold in Virginia will effectively neutralize soil acidity within the growing season of the crop being grown, thereby assisting in the protection of the welfare of Virginia’s agriculture industry. This regulatory action poses no disadvantage to the public or the Commonwealth.

Small Business Impact Review Report of Findings: This fast-track rulemaking action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Regulation. The Board of Agriculture and Consumer Services (Board) proposes to update obsolete references in its regulations for enforcement of the Virginia agriculture liming materials laws.

Result of Analysis. Benefits likely outweigh costs for this regulatory action.

Estimated Economic Impact. Current regulations contain references to an outdated test method manual and outdated test method numbers. Current regulations also contain old contact information for the Association of Official Analytical Chemists (AOAC). The Board now proposes to update all of this language so that all references are correct and current. No entity is likely to incur costs on account of these regulatory changes. Interested parties will benefit from having regulations that guide them to the correct manual and test method numbers and that contain the correct address for the AOAC.

Businesses and Entities Affected. The Virginia Department of Agriculture and Consumer Services ( VDACS) reports that distributers of liming materials are governed by these regulations and will be affected by these regulatory changes. There are 71 such distributors currently registered with VDACS.

Localities Particularly Affected. No locality is likely to be particularly affected by these proposed regulations.

Projected Impact on Employment. Employment in the Commonwealth is unlikely to be affected by these proposed regulations.

Effects on the Use and Value of Private Property. These propose regulations are unlikely to affect the value or use of property in the Commonwealth.

Small Businesses: Costs and Other Effects. No small businesses will incur costs on account of these proposed regulations.

Small Businesses: Alternative Method that Minimizes Adverse Impact. No small businesses will incur costs on account of these proposed regulations.

Real Estate Development Costs. These proposed regulations are unlikely to affect real estate development costs in the Commonwealth.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The agency concurs with the analysis of the Department of Planning and Budget.

Summary:

The amendments update references to (i) AOAC International, formerly the Association of Official Analytical Chemists; (ii) AOAC International's publication, "Official Methods of Analysis of AOAC International"; and (iii) the relevant methods of analysis included in AOAC International's publication.

2VAC5-410-40. Methods of analysis and sampling.

Test methods Methods of analysis shall be those published in the latest edition of the Association of Official Analytical Chemist "Book of Methods" by AOAC International (formerly the Association of Official Analytical Chemists) in "Official Methods of Analysis of AOAC International," 18th Edition, 2005.

	AOAC Test Official Method
Sampling Procedures	§ 1. Method No. 1.001 924.01
Screen Analysis	§ 1. Method No. 1.002 924.02
Magnesium Analysis	§ 2. Method No. 2.109 Thru 2.113 965.09
Calcium Analysis	§ 1. Method No. 1.019 965.09
Calcium Carbonate Equivalent	§ 1. Method No. 1.004 and No. 1.005 955.01

Procedures used in sample preparation and analysis for enforcement of this chapter are available from:

AOAC International
481 North Frederick Avenue
Suite 500
Gaithersburg, MD 20877-2417

2VAC5-410-50. Results of official agricultural liming materials analysis.

A. The Commissioner of the Department of Agriculture and Consumer Services shall report the results of official samples to all registrants of agricultural liming materials annually.

NOTE: Procedures used in sample preparation and analysis for enforcement of this chapter are available from:

Association of Official Analytical Chemists

1111 North 29th Street

Suite 210

Arlington, Virginia 22209

DOCUMENTS INCORPORATED BY REFERENCE (2VAC5-410)

Official Methods of Analysis of the Association of AOAC International, 18th Edition, 2005, AOAC International (formerly the Association of Official Analytical Chemists), 481 North Frederick Avenue, Suite 500, Gaithersburg, MD 20877-2417