Title of Regulation: 2VAC5-160. Rules and Regulations Governing the Transportation of Horses (repealing 2VAC5-160-10 through 2VAC5-160-90).

Statutory Authority: § 3.2-6501 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: August 10, 2016.

Effective Date: August 25, 2016.

Agency Contact: Dr. Carolynn Bissett, Program Manager, Office of Veterinary Services, 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 carolynn.bissett@vdacs.virginia.gov.

Basis: Section 3.2-109 of the Code of Virginia establishes the board 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 3.2-6501 of the Code of Virginia authorizes the board to adopt regulations and guidelines consistent with the objectives and intent of the Virginia Comprehensive Animal Care Law (Chapter 65 of Title 3.2 of the Code) concerning the care and transportation of animals.

Purpose: The proposed regulatory action will repeal this regulation that has not been utilized or applied since it was adopted over 25 years ago. The agency cannot foresee a circumstance where the regulation would be needed in the future as there are no longer any operating horse slaughter plants in the United States. If horse slaughter plants were to reopen in the United States, or if Virginia horses are transported outside of the United States for slaughter, the humane care of horses is covered under the Virginia Comprehensive Animal Care Law. Additionally, federal regulations pertaining to the commercial transportation of equines for slaughter can be found in 9 CFR Part 88.

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 as other state animal care laws and federal laws pertaining to this topic exist. There is no longer a need for this regulation. The agency is not aware of any stakeholders suggesting that the regulation be retained or that the regulation is of any benefit to them.

Substance: The proposed regulatory action will repeal this regulation that has not been utilized or applied since it was adopted over 25 years ago. The agency cannot foresee a circumstance where the regulation would be needed in the future as there are no longer any operating horse slaughter plants in the United States.

Issues: The primary advantage to the public is the repeal of an outdated regulation that specifies actions that have never been taken. The agency and the Commonwealth will no longer be in a position of having an outdated regulation that is not enforced. This action to eliminate an outdated, unnecessary regulation is part of good governance. 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. The Board of Agriculture and Consumer Services (Board) proposes to repeal this regulation.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The existing regulation provides the rules regarding the transportation of loads of more than six horses being transported to a commercial slaughter facility in a vehicle. The regulation does not address the transportation of horses under other circumstances.

The regulation has not been utilized or applied since it was adopted over 25 years ago; also, the Department of Agriculture and Consumer Services cannot foresee a circumstance where the regulation would be needed in the future, as there are no longer any operating horse slaughter plants in the U.S. If horse slaughter plants were to reopen in the U.S., or if Virginia horses are transported outside of the U.S. for slaughter, the humane care of horses is covered under the Virginia Comprehensive Animal Care Law.¹ Additionally, federal regulations pertaining to the commercial transportation of equines for slaughter can be found in 9 CFR, Part 88.

The repeal of this regulation will have no impact beyond potentially reducing the likelihood that readers may be misled into believing that the transport of horses to operating horse slaughter plants is currently done in Virginia. To the extent that the repeal of the regulation reduces the likelihood of such confusion, the proposed repeal would be beneficial.

Businesses and Entities Affected. Since there are no operating horse slaughter plants in the U.S. and this regulation has not been utilized or applied since it was adopted over 25 years ago, its repeal will not significantly affect any businesses or entities.

Localities Particularly Affected. The proposed repeal of the regulation does not disproportionately affect particular localities.

Projected Impact on Employment. The proposed repeal of the regulation does not affect employment.

Effects on the Use and Value of Private Property. The proposed repeal of the regulation does not affect the use and value of private property.

Real Estate Development Costs. The proposed repeal of the regulation does not affect real estate development costs.

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. The proposed repeal of the regulation does not affect small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed repeal of the regulation does not affect small businesses.

Adverse Impacts:

Businesses. The proposed repeal of the regulation will not adversely affect businesses.

Localities. The proposed repeal of the regulation will not adversely affect localities.

Other Entities. The proposed repeal of the regulation will not adversely affect other entities.

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¹http://law.lis.virginia.gov/vacode/title3.2/chapter65/

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

Summary:

The regulatory action repeals the chapter, which has not been utilized or applied since it was adopted over 25 years ago. The agency cannot foresee a circumstance where the regulation would be needed in the future as other state animal care laws and federal laws pertaining to this topic exist. Therefore, the regulation is repealed.