Title of Regulation: 2VAC5-200. Rules and Regulations Pertaining to the Disposal of Entire Flocks of Dead Poultry (repealing 2VAC5-200-10 through 2VAC5-200-60).

Statutory Authority: § 3.2-6029 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: May 18, 2016.

Effective Date: June 2, 2016.

Agency Contact: Charles Broaddus, DVM, Program Manager, Veterinary Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4560, FAX (804) 371-2380, TTY (800) 828-1120, or email charles.broaddus@vdacs.virginia.gov.

Basis: Section 3.2-109 of the Code of Virginia establishes the Board of Agriculture and Consumer Services as a policy board with the authority to adopt regulations in accordance with the provisions of Title 3.2 of the Code of Virginia. Section 3.2-6001 of the Code of Virginia authorizes the board and the State Veterinarian to protect livestock and poultry from contagious and infectious disease. Section 3.2-6002 of the Code of Virginia authorizes the board to adopt regulations to prevent the spread of and to eradicate contagious and infectious livestock and poultry diseases. Section 3.2-6029 of the Code of Virginia authorizes the board to adopt regulations concerning the specifications of disposal pits, incinerators, composting, and rendering and all other matters within the purview and scope of Article 2 (§ 3.2-6024 et seq.) of Chapter 60 of Title 3.2 of the Code of Virginia to carry out the provisions of that article.

Purpose: This regulation was adopted in the late 1980s and describes rules that pertain to a poultry producer with 500 or more poultry that needs to dispose of the entire flock of dead poultry. Recent discussion with the poultry industry indicate that the regulation has not been utilized or applied since it was adopted over 25 years ago and the agency cannot foresee a circumstance where the regulation would be needed in the future. The regulation includes outdated language, including references to Department of Environmental Quality regulations that are no longer valid or applicable. It is generally redundant with § 3.2-6026 of the Code of Virginia titled "Disposal of dead poultry." This section of the Code of Virginia lists the same methods of disposal that are listed in this regulation.

Rationale for Using Fast-Track Rulemaking Process: The regulation has not been utilized or applied since it was adopted over 25 years ago, and the agency cannot foresee a circumstance where the regulation would be needed in the future. There is no longer a need for this regulation. The agency is not aware of any stakeholders who think that the regulation should be retained or that the regulation is of any benefit to them.

Substance: Due to an existing Code of Virginia section that makes the regulation redundant and the fact that the regulation has never been utilized or applied since its adoption, this regulation is no longer needed. Therefore, the agency proposes to repeal the regulation.

Issues: The primary advantage to the public in repealing the regulation is that there would no longer be an outdated regulation that specifies actions that are no longer taken. The agency and Commonwealth will no longer be in a position of having an outdated regulation that is not enforced. This action is part of good governance in that an outdated, unnecessary regulation will be eliminated.  There are no disadvantages to the public or the Commonwealth associated with repealing the regulation.

Small Business Impact Review Report of Findings:  This regulatory 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 Amendments to Regulation. As the result of a periodic review, the Board of Agriculture and Consumer Services (Board) proposes to repeal its Rules and Regulations Pertaining to the Disposal of Entire Flocks of Dead Poultry.

Result of Analysis. Benefits likely outweigh costs for all proposed regulatory changes.

Estimated Economic Impact. This regulation provides the framework for the transportation and disposal methods for entire flocks of dead poultry (i.e., pits, incinerators, landfills and rendering).¹ Board staff reports that the substance of this regulation is redundant with the Code of Virginia,² the regulation has not been utilized in the 25 years it has been in effect and that the Board does not foresee a circumstance where it would be utilized in the future.

Because of this, and because the regulation contains outdated references that would likely be confusing to readers, the Board now proposes its repeal. No entity is likely to incur costs on account of this action. To the extent that readers might have found the obsolete language contradictory to other regulations and confusing, this repeal will provide the benefit of clarification.

Businesses and Entities Affected. Poultry farmers who maintain flocks of poultry would in theory be affected by both this regulation and its repeal. Board staff does not have an estimate of how many such flocks are maintained in the Commonwealth.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulatory repeal.

Projected Impact on Employment. This proposed regulatory repeal is unlikely to have any effect on employment in the Commonwealth.

Effects on the Use and Value of Private Property. This proposed regulatory repeal is unlikely to affect the use or value of private property in the Commonwealth.

Real Estate Development Costs. This proposed regulatory repeal is unlikely to affect real estate development costs in the Commonwealth.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. Small businesses are unlikely to incur any costs on account of this proposed regulatory repeal.

Alternative Method that Minimizes Adverse Impact. Small businesses are unlikely to incur any costs on account of the proposed regulatory repeal.

Adverse Impacts:

Businesses. Businesses are unlikely to incur any costs on account of this proposed regulatory repeal.

Localities. Localities in the Commonwealth are unlikely to see any adverse impacts on account of this proposed regulatory repeal.

Other Entities. No other entities are likely to be adversely affected by this proposed repeal.

¹This regulation does not have a definition for rendering but instead refers to the federal regulation (9 CFR 82.1) that does.

²§§ 3.2-6024 through 3.2-6030 (titled as Article II – Disposal of Dead Poultry)

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

Summary:

The regulation has not been used or applied since it was adopted more than 25 years ago, and the agency cannot foresee a circumstance in which the regulation would be needed in the future. The regulation includes outdated language and is generally duplicative of § 3.2-6026 of the Code of Virginia, which lists the same methods of disposal as the regulation. Therefore, the regulation is repealed.