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 amending 2VAC5-405, Regulations for the Application of Fertilizer to Nonagricultural Lands. Chapter 413 of the 2020 Acts of Assembly amended the Fertilizer Law (§ 3.2-3600 et seq. of the Code of Virginia), increasing from $250 to $1,000 the civil penalty that the Board of Agriculture and Consumer Services may impose upon any fertilizer contractor-applicator or licensee who fails to comply with provisions of 2VAC5-405, Regulations for the Application of Fertilizer to Nonagricultural Lands. The purpose of the proposed action is to conduct a review of the regulation to (i) determine the appropriate increase to the current maximum penalty and (ii) assess the need for additional penalties that will ensure compliance with 2VAC5-405.

In addition, pursuant to Executive Order 14 (as amended, July 16, 2018) and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

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 Comment Deadline: May 12, 2021.

Agency Contact: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804) 371-7793, TDD (800) 828-1120, or email david.gianino@vdacs.virginia.gov.