TITLE 2. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated October 21, 2020, to support this decision.
This regulation is required by § 2.2-4007.02 of the Code of Virginia and establishes the mechanisms by which the board will advise the public of the board's regulatory actions. Notice of the board's regulatory actions assists in protecting the public's welfare. The regulation is clearly written and easily understandable.
The board determined this regulation continues to be necessary, as it is required by § 2.2-4007.02 of the Code of Virginia and establishes the mechanisms by which the board will advise the public of the board's regulatory actions. The board has not received any comments or complaints regarding this regulation. The regulation is not complex and is easily understood. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was promulgated in 2008 using the model public participation guidelines issued by the Department of Planning and Budget. No factors have changed since 2008 that necessitate amending this regulation. This regulation places no economic burden on any small business.
Contact Information: Kevin Schmidt, Board Secretary, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Suite 219, Richmond, VA 23219, telephone (804) 786-1346.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-61, Regulations Governing Livestock Dealers and Marketing Facilities for the Purpose of Controlling and Eradicating Infectious and Contagious Diseases of Livestock, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 8, 2020, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it provides for the protection of the animal population in Virginia, which is a major component of the public food supply. Since a safe food supply is imperative for the public health, safety, and welfare, it is important that this regulation stay in place for the continued protection of the public. The regulation is clearly written and easy to understand.
Retaining this regulation as currently written will not have a significant negative impact on small businesses. There is a continued need for this regulation to stay in effect in order to protect livestock and public health. If the regulation is not maintained, then the risk of disease could have a negative impact on small businesses and producers who rely on livestock for the viability of their farms and businesses. This regulation is important for the livestock industry and is consistent with federal laws and regulations regarding interstate movement of animals. The board has not received any complaints from the public regarding this regulation. The regulation is not unnecessarily complicated. Since the last time this regulation was evaluated, there have not been significant changes in technology, economic conditions, or other factors necessitating that this regulation be amended.
Contact Information: 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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-70, Health Requirements Governing the Control of Equine Infectious Anemia in Virginia, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 8, 2020, to support this decision.
Horses are an important component of Virginia's animal agriculture industry, and the equine industry is a significant economic sector in Virginia. Equine Infectious Anemia (EIA) is a fatal disease with no treatment. The most effective way to control EIA is through testing, as has been conducted over the last 40 years, during which time the incidence of disease has been dramatically reduced but not eradicated in the United States. This regulation is necessary for the protection of economic welfare of horse owners in Virginia. Since healthy horses are critical for the economic viability of horse owners, it is important that this regulation stay in place. The regulation is clearly written and easy to understand.
Retaining the current regulation will not have a significant negative impact on small businesses. There is a continued need for this regulation to stay in effect in order to protect livestock and public health. If the regulation is not maintained, then the risk of disease could have a negative impact on small businesses and producers who rely on livestock for the viability of their farms and businesses. This regulation is important for the livestock industry and is consistent with federal laws and regulations regarding interstate movement of animals. The board has not received any complaints from the public regarding this regulation. The regulation is not unnecessarily complicated and does not overlap, duplicate, or conflict with federal or state law or regulation. Since the last time this regulation was evaluated, there have not been significant changes in technology, economic conditions, or other factors that would necessitate amending the regulation.
Contact Information: 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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-80, Requirements Governing the Branding of Cattle in Virginia, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 8, 2020, to support this decision.
This regulation is necessary for the protection the economic welfare of Virginia's cattle industry because it provides the structure for the system to regulate cattle brands in Virginia. The cattle industry is a significant economic sector in Virginia. The regulation is clearly written and easy to understand.
Retaining the current regulation will not have a significant negative impact on small businesses. Many farms that have cattle are small businesses, and this regulation facilitates the tracing and identification of cattle and protects farmers against theft and unlawful dealing in cattle. The board has received no complaints from the public regarding this regulation. The regulation is not unnecessarily complicated and does not overlap, duplicate, or conflict with federal or state law or regulation. Since the last time this regulation was evaluated, there have not been significant changes in technology, economic conditions, or other factors that would necessitate amending the regulation.
Contact Information: 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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-111, Public and Private Animal Shelters, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 8, 2020, to support this decision.
The confinement of animals in animal shelters is intended to protect citizens from potential public health and safety risks associated with free-roaming dogs. Additionally, the regulations requiring confinement of loose animals and a holding period are intended to protect the property rights of individuals, as companion animals are considered personal property under Virginia law. This regulation is clearly written and easily understandable.
Retaining this regulation as currently written will not have a significant negative impact on small businesses. There is a continued need for this regulation to stay in effect in order to protect pet species and public health. The board has received no complaints from the public regarding this regulation. The regulation is not unnecessarily complicated. This regulation does not overlap, duplicate, or conflict with federal or state law or regulations. There have not been significant changes in technology, economic conditions, or other factors since this regulation was promulgated that would necessitate any amendments to the regulation.
Contact Information: 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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-190, Rules and Regulations Establishing a Monitoring Program for Avian Influenza and Other Poultry Diseases, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 8, 2020, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it provides protection to the poultry populations in Virginia, which are important components of the animal agriculture industry. Since a safe food supply and good poultry health is imperative for the public's health, it is important that this regulation stay in place for the continued protection of the public and the poultry populations. Additionally, the poultry industry is a significant economic sector in Virginia. The regulation is clearly written and easy to understand.
Retaining the current regulation will not have a significant negative impact on small businesses. There is a continued need for this regulation to stay in effect in order to protect poultry and public health. If the regulation is not maintained, then the risk of disease could have a negative impact on small businesses and producers who rely on poultry for the viability of their farms and businesses. This regulation is important for the poultry industry and is consistent with federal laws and regulations regarding interstate movement of animals. The board has not received any complaints from the public regarding this regulation. The regulation is not unnecessarily complicated and does not overlap, duplicate, or conflict with federal or state law or regulation. Since the last time this regulation was evaluated, there have not been significant changes in technology, economic conditions, or other factors that would necessitate amending the regulation.
Contact Information: 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.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-240, Rules and Regulations for Enforcement of the Grain Handlers Law, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 15, 2020, to support this decision.
This regulation protects the economic welfare of grain sellers by ensuring that grain sold to handlers is accurately weighed, graded, and accounted for assuring the fair and equitable treatment of grain sellers. The regulation is clearly written and easily understood by the regulated industry.
The board has determined that this regulation continues to be necessary and should remain in effect without change. The board received one comment regarding the regulation, and the comment supported the regulation. The board has determined that this regulation is not unnecessarily complex and that the complexity of this regulation is not such that it would have an economic impact on small businesses. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The board last conducted a periodic review of the regulation in 2015, and the board has determined that no changes in technology, economic conditions, or other factors have occurred that necessitate amendments to the regulation. The board continues to believe the current regulation is the least burdensome and intrusive alternative for the required regulation of the grain industry.
Contact Information: Olivia Wilson, Deputy Director, Commodity Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-2112.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-319, Best Management Practices for the Operation of Apiaries in Order to Limit Operator Liability, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated October 26, 2020, to support this decision.
The regulation outlines clearly written and easily understood best management practices that apiary operators can follow in order to limit their liability. The best management practices in the regulation not only safeguard the apiary operator by limiting the apiary operator's liability, but also protect the public health, safety, and welfare by including certain provisions that are intended to reduce the chances of stinging incidents associated with keeping and maintaining honeybees. The regulation also safeguards honeybee health and can increase survivability by preventing exposure to environmental stressors and establishing proper management strategies.
The board has determined that this regulation is necessary in order to provide liability protection for those apiary operators that follow the best management practices in 2VAC5-319, Best Management Practices for the Operation of Apiaries in Order to Limit Operator Liability. There are no small business impacts, as a person is not required to comply with the provisions of this chapter unless he seeks to limit his liability as provided for in § 3.2-4411.1 of the Code of Virginia.
The board received one complaint in 2017 regarding the regulation. The complainant filed a petition for rulemaking requesting, in part, that the board (i) provide a mechanism to offer public comment regarding the regulation via a regional apiary inspector and (ii) establish provisions for short-term waivers, long-term waivers, and permanent exemptions from the best management practices included in the regulation. On December 7, 2017, the board considered and subsequently denied the petition for rulemaking as Virginia's Beekeeping Law does not provide authority to the board to establish methods for a person to request amendments to the regulation. In addition, § 2.2-4007 of the Administrative Process Act establishes a formal process by which a person can request changes to a regulation. Virginia's Beekeeping Law does not provide authority to the board to amend the regulation to allow for waivers or exemptions to provisions established in the regulation. The best management practices in the regulation are those that reduce risks associated with keeping honeybees and amending the regulation to allow for waivers or exemptions to a voluntary best management practice could provide liability protection for those operations that should not be afforded the limited liability.
The regulation does not overlap, duplicate, or conflict with federal or state laws. No significant changes to technology, economic conditions, or other factors have occurred that would necessitate amendments to this regulation. The board has determined that the regulation is not unnecessarily burdensome or complex, especially considering that apiary operators are not required to comply with this regulation unless they choose to follow the best management practices in order to limit their liability. As such, the board will retain the regulation in effect without change.
Contact Information: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (800) 786-3515.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-330, Rules and Regulations for Enforcement of the Virginia Pest Law - Virginia Gypsy Moth Quarantine, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated October 8, 2020, to support this decision.
This regulation is necessary for the protection of the economic welfare of Virginia's nursery and timber industries because it is intended to prevent or retard the spread of the gypsy moth. If this regulation were not in place, U.S. Department of Agriculture Animal and Plant Health Inspection Service (USDA-APHIS) would issue a federal quarantine over the entire state of Virginia, which would place restrictions on businesses in non-infested areas of Virginia. Many nurseries and timber operations in Virginia are small businesses, and this regulation ensures that businesses in non-infested areas are not subject to the quarantine. The regulation is clearly written and easy to understand.
The board has determined that there is a continued need for this regulation. This regulation requires that nurseries and timber operations located in infested areas obtain inspections and certifications for regulated articles before these articles may be moved from regulated to nonregulated areas. The regulation was last amended in 2017. In the period since this regulation was last amended, there have been no significant changes to technology, economic conditions, or other factors that would necessitate modifications to the regulation. There have been no complaints received from the public regarding this regulation.
The regulation is not complex and does not overlap, duplicate, or conflict with federal or state law or regulation. The board will retain the regulation in effect without change.
Contact Information: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (800) 786-3515.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-350, Rules and Regulations for the Enforcement of the Virginia Commission Merchant Law, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated October 7, 2020, to support this decision.
The licensing and bonding of commission merchants and the requirements of this regulation provide protection to tobacco farmers by assuring prompt and accurate payment for their tobacco. As such, this regulation protects the economic welfare of Virginia tobacco producers. Retaining the regulation represents the lease burdensome alternative for commission merchants, while retaining a mechanism to assure tobacco producers that they will be paid. This regulation is clearly written and easily understood.
The board has determined that there is a continued need for this regulation. Tobacco auction warehouses that serve as agents for tobacco farmers on the basis of a fee or commission are required to obtain a license under the Commission Merchants Law. Many farms that grow tobacco are small businesses, and the licensing and bonding of commission merchants and the requirements of this regulation, by which commission merchants must abide, provide protection to tobacco farmers by assuring prompt and accurate payment for their tobacco. There have been no complaints received regarding this regulation. The only comment received did not recommend any change to this regulation. The regulation is not complex and does not include any unnecessary or overly burdensome requirements with which small businesses must comply. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. No significant changes to technology, economic conditions, or other factors have occurred since the previous periodic review of this regulation in 2015 that would necessitate modifications to this regulation. The board will retain the regulation in effect without change.
Contact Information: Gary Milton, Program Manager, Office of Weights and Measures, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1274.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-360, Regulations for the Enforcement of the Virginia Commercial Feed Act, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated October 30, 2020, to support this decision.
Commercial feed purchasers must be able to ensure that animal feed ingredients will not subsequently adulterate food products consumed by humans. As such, this regulation is necessary in order to protect the public's health, safety, and welfare. This regulation is clearly written and easily understood. Currently, the Official Methods of Analysis of AOAC International (2002), 17th edition, is used to determine the standards for the sampling and analysis of commercial feed. While the board is aware that AOAC has published a 21st edition, the AOAC methods used for testing and analysis of commercial feed remain unchanged from the 17th edition. Therefore, board will retain the regulation in effect without change.
This regulation establishes labeling requirements with which commercial feed manufacturers must comply. Many commercial feed purchasers are farmers that operate small businesses, and this regulation ensures that commercial feed available for purchase is properly formulated and labeled. The labeling requirements established in this regulation also assist commercial feed purchasers in determining whether a given feed will satisfy the nutritional needs of their animals. There have been no complaints or comments received from the public for this regulation. The regulation is not complex and does not include any unnecessary or overly burdensome requirements with which small businesses must comply. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. No significant changes to technology, economic conditions, or other factors have occurred that would necessitate modifications to this regulation since the previous periodic review of this regulation in 2015. The board will retain the regulation in effect without change.
Contact Information: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (800) 786-3515.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-400, Rules and Regulations for the Enforcement of the Virginia Fertilizer Law, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated October 8, 2020, to support this decision.
This regulation assists in ensuring the quality of fertilizer products available for sale in the Commonwealth, thereby impacting the ultimate quality of crops, human health, the environment, and competition in the marketplace. As such, the regulation is necessary for the protection of public health, safety, and welfare. The regulation is clearly written and easily understood by the regulated industry.
The agency has determined that there is a continued need for this regulation to assist in ensuring the proper oversight of fertilizer sale in the Commonwealth. The agency has not received any complaints from the public concerning this regulation. The regulation is not complex and does not overlap, duplicate, or conflict with federal or state law or regulation. In the period since this regulation was last reviewed in 2016, there have been no significant changes in technology, economic conditions, or other factors that necessitate amendments to this regulation.
The agency has determined that the regulation is not unnecessarily burdensome or complex. As such, the board will retain the regulation in effect without change.
Contact Information: David Gianino, Program Manager, Office of Plant Industry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (800) 786-3515.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-480, Regulation Governing the Oxygenation of Gasoline, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated October 7, 2020, to support this decision.
The agency has determined that this regulation, in its current form, remains necessary for the protection of public health, as it is currently used by the Department of Environmental Quality (DEQ) as a part of a federally required air quality management plan for the control of carbon monoxide (CO) in northern Virginia. The regulation is clearly written and easily understood by the individuals and entities affected. Additionally, the regulation is the least burdensome alternative to meet the federally required air quality management plan for the control of CO.
The board has not received any complaints from the public regarding this regulation. This regulation does not place unnecessary burdens on industry and is not overly complex. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last evaluated by periodic review in 2016. In the period since this regulation was last evaluated, there have been no significant changes in technology, economic conditions, or other factors that would necessitate amending the regulation. In its review, the board has determined this regulation was developed in accordance with the laws relating to the impact of regulations on small businesses and with the goal of minimizing the economic impact on small businesses. The board will retain the regulation in effect without change.
Contact Information: Gary Milton, Program Manager, Office of Weights and Measures, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1274.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-550, Rules and Regulations Pertaining to Tolerances and Prohibitions Applicable to Sausage, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 8, 2020, to support this decision.
The regulation is necessary to ensure that the consuming public is able to purchase a product that meets expectations regarding what is considered to be a sausage product. Limits regarding the amount of fat in the product ensure that consumers are able to purchase a sausage product that is not excessively harmful to health, as large amounts of saturated fat have been known to contribute to cardiovascular disease. The regulation is clearly written and easily understandable.
This regulation is still needed because to ensure that sausage products are produced according to and meet minimum acceptable standards relative to product formulation and saturated fat content. Without this regulation, it would be difficult to ensure that sausage products conform to and meet acceptable standards. There have no complaints or comments received relative to this regulation. The regulation is not complex and easily understandable with standards and requirements that are reasonable and easily attainable. Federal regulations also provide certain standards for sausage products. However, this regulation is primarily enforced and policed at meat processing facilities that produce and sell wholesale. The subject regulation is typically enforced and applied to sausage products formulated or sold by a food establishment directly to consumers, such as at a retail food store. The regulation establishes specific production standards applicable to retail environments. This regulation was evaluated during a periodic review conducted in 2016. Since that time, there have not been significant changes in technology, economic conditions, or other factors that would render the regulations outdated. Since the regulation is not complex or burdensome and provides for a product standard that consumer find desirable, it will have minimal to no negative economic impact on small businesses.
Contact Information: Ryan Davis, Program Manager, Office of Dairy and Foods, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-8899.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-560, Rules and Regulations Pertaining to Labeling and Sale of Infant Formula, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 8, 2020, to support this decision.
This regulation is necessary for the protection of the health, safety, and welfare of infants within the Commonwealth as it ensures that they consume infant formula that clearly meets the nutrition requirements for an infant. The regulation is clearly written and easily understandable.
This regulation continues to be necessary because it ensures infant formula produced and sold at retail meets minimum acceptable standards regarding infant formula nutrition. Nutrients contained in infant formula can degrade over time, thus producing an inferior product incapable of meeting the nutritional needs of infants. The regulation also ensures that consumers are informed regarding expiration dates and the quality of the infant formula that they are buying. The board has not received any complaints or comments regarding this regulation. The regulation is written in a form that is not overly complex and is easily understandable by regulators as well as the regulated industry.
Federal regulations also establish mandates for infant formula. However, these mandates are complex and burdensome to the industry and are configured to apply primarily to large infant formula manufacturers participating in significant interstate commerce that are regularly inspected by the U.S. Food and Drug Administration. The subject regulations are typically enforced at both large and small manufacturers participating in both intrastate and interstate commerce as well as at retail food store locations. An attempt to strictly enforce overly complex federal standards at both manufacturers and retail locations within the Commonwealth would likely be overly burdensome to the industry. Since the last time this regulation was evaluated, there have not been significant changes in technology, economic conditions, or other factors that would render the regulation nonrelevant. This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.
Contact Information: Ryan Davis, Program Manager, Office of Dairy and Foods, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-8899.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-570, Rules and Regulations Defining Standards for Grades/Sizes of Shell Eggs, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 8, 2020, to support this decision.
The regulation is necessary for the protection of public health because it ensures that consumers are provided egg products that meet specific quality standards. The regulation is clearly written and easily understandable.
The board has determined there is a continued need for this regulation. The regulation provides for eggs that are properly graded in adherence to a specific standard. Additionally, the regulation requires that eggs be produced, distributed, and sold under conditions that are sanitary. The board has not received any complaints or comments regarding this regulation, which is not complex. The regulation is written in a straightforward manner and is easily understandable and enforceable by regulators and the regulated industry. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was evaluated during the periodic review conducted in 2016. Since that time, there have not been significant changes in technology, economic conditions, or other factors that would necessitate amending this regulation. This regulation was promulgated with due concerns for industry and has minimal impact on small businesses. Compliance with the regulations will not require a significant effort by industry. The regulation is not complex, is easily understandable, and will present a minimal financial cost to the industry. Thus, although essential, the regulation will have minimal economic impact on businesses.
Contact Information: Ryan Davis, Program Manager, Office of Dairy and Foods, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-8899.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services conducted a periodic review and small business impact review of 2VAC5-585, Retail Food Establishment Regulations, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 8, 2020, to support this decision.
This regulation is applicable to many thousands of retail establishments, all involved in diverse food related activities. The regulation provides specific requirements that are designed to ensure the optimal protection of the public's health, safety, and welfare. The regulation ensures that the consuming public has access to food products that are received, processed, and held in a safe manner and that requirements are in place that help ensure that foodborne illnesses do not occur. The standards are not arbitrary but are based on sound science and practical requirements. The regulation, although comprehensive, is constructed in a manner that is clearly written and easily understandable by regulators and the industry as well as interested citizens.
There is a continued need for this regulation. The regulation ensures that retail food stores meet minimum sanitary requirements and provide safe food products to the citizens of Virginia. The regulation provides effective and practical science-based measures and requirements that are designed to ensure the optimal protection of the public's health, safety, and welfare. The regulation ensures that the consuming public has access to food products that are received, processed, held, and sold in a safe manner. The regulation also provides essential requirements that help to ensure that foodborne illnesses do not occur. The board has not received any complaints regarding the regulation. Although the regulation provides comprehensive measures to ensure the safety of food products at retail food stores, the regulation is not overly complex and is easily understood by regulators, the industry, and the citizens of Virginia. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation.
The regulation was evaluated following the U.S. Food and Drug Administration's (FDA's) publication of the 2017 Model Food Code. The regulation is regularly evaluated and updated as the FDA publishes the Model Food Code every four years. Since the Model Food Code is updated on a regular basis, the model code keeps pace with changes in technology and economic conditions. A regulatory action to amend 2VAC5-585 to reflect the 2017 Model Food Code and 2019 Model Food Code Supplement is currently underway.
The regulation is science based, practical requirements for retail food businesses. The regulation is not overly burdensome and will help ensure the prevention of food borne illnesses. These requirements take into account and minimize the economic impact of the regulations for small businesses.
Contact Information: Ryan Davis, Program Manager, Office of Dairy and Foods, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-8899.
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TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
BOARD OF JUVENILE JUSTICE
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Juvenile Justice conducted a periodic review and a small business impact review of 6VAC35-30, Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs, and determined that this regulation should be amended to update and clarify the regulation.
The Notice of Intended Regulatory Action to amend 6VAC35-30, which is published in this issue of the Virginia Register, serves as the report of findings.
Contact Information: Kristen Peterson, Regulatory Coordinator, Department of Juvenile Justice, P.O. Box 1110, Richmond, VA 23219, telephone (804) 588-3902, or email kristen.peterson@djj.virginia.gov.
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TITLE 22. SOCIAL SERVICES
DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services conducted a periodic review and small business impact review of 22VAC30-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated January 4, 2021, to support this decision.
The board's public participation guidelines afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the board, including an online public comment forum on the Virginia Regulatory Town Hall, and other specially designated subordinate; and interested persons may be accompanied by and represented by counsel or other representative.
This regulation is clearly written. This regulation meets the criteria set out in Executive Order 14, as amended, July 16, 2018, as it is necessary for the protection of public health, safety, and welfare and is clearly written and easily understandable. There is no negative impact on the regulated community and the regulation does not overlap, duplicate, or conflict with federal or state law or regulation.
This regulation is needed in order to meet the state requirements under Virginia law (§ 2.2-4007.02 of the Code of Virginia). The board received no complaints or comments regarding the need to repeal or amend this regulation, and the regulation is written clearly and is easy to understand. This regulation does not overlap, duplicate, or conflict with any federal or state law or regulation, and was last revised November 30, 2016. As a result of this periodic review, the department has determined that the regulation has no negative economic impact on small business.
Contact Information: Charlotte Arbogast, Policy Analyst, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7063.
Agency Notice
Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services conducted a periodic review and small business impact review of 22VAC30-20, Provision of Vocational Rehabilitation Services. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018). The purpose of this review is to determine whether this regulation should be repealed, 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 or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.
Public comment period begins February 1, 2021, and ends February 22, 2021.
Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency.
Following the close of the public comment period, a report of both reviews will be posted on the Virginia Regulatory Town Hall and published in the Virginia Register of Regulations.