TITLE 2. AGRICULTURE
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 2VAC5-195, Prevention and Control of Avian Influenza in the Live-Bird Marketing System. The review will be guided by the principles in Executive Order 19 (2022). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 August 15, 2022, and ends September 5, 2022.
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.
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) 786-4560.
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 2VAC5-210, Rules and Regulations Pertaining to Meat and Poultry Inspection under the Virginia Meat and Poultry Products Inspection Act. The review will be guided by the principles in Executive Order 19 (2022). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 August 15, 2022, and ends September 5, 2022.
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.
Contact Information: JoAnn G. Connell, Program Manager, Meat and Poultry Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4569.
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 2VAC5-250, Rules and Regulations Relating to Grain Dealers Licensing and Bonding Law. The review will be guided by the principles in Executive Order 19 (2022). 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 August 15, 2022, and ends September 5, 2022.
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.
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.
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulations are undergoing a periodic review and a small business impact review: 2VAC5-318, Rules and Regulations for Enforcement of the Virginia Pest Law - Thousand Cankers Disease; 2VAC5-320, Regulations for the Enforcement of the Endangered Plant and Insect Species Act; 2VAC5-321, Regulation of the Harvest and Purchase of Wild Ginseng; 2VAC5-410, Rules and Regulations for the Enforcement of the Virginia Agricultural Liming Materials Law; and 2VAC5-450, Rules and Regulations Relating to the Virginia Plants and Plant Products Inspection Law.
The review of each regulation will be guided by the principles in Executive Order 19 (2022). The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to these regulations, including whether each 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 August 15, 2022, and ends September 5, 2022.
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.
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 (804) 786-3515.
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 2VAC5-425, Vapor Pressure Requirements for Gasoline Ethanol Blends. The review will be guided by the principles in Executive Order 19 (2022). 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 August 15, 2022, and ends September 5, 2022.
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.
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.
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 2VAC5-600, Regulations Pertaining to Food for Human Consumption. The review will be guided by the principles in Executive Order 19 (2022). 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 August 15, 2022, and ends September 5, 2022.
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.
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) 786-8910.
STATE MILK COMMISSION
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the following regulation is undergoing a periodic review and a small business impact review: 2VAC15-20, Regulations for the Control and Supervision of Virginia's Milk Industry. The review will be guided by the principles in Executive Order 19 (2022). 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 August 15, 2022, and ends September 5, 2022.
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.
Contact Information: Crafton Wilkes, Administrator, Department of Agriculture and Consumer Services, Oliver Hill Building, 102 Governor Street, Room 206, Richmond, VA 23218, telephone (804) 786-2013.
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TITLE 12. HEALTH
STATE BOARD OF HEALTH
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-66, Regulations Governing Durable Do Not Resuscitate Orders, and determined that this regulation should be amended. The board is publishing its report of findings dated July 20, 2022, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare and intend to achieve that objective in the most efficient and cost-effective manner by providing clarity to health care providers regarding an individual's end of life health care decisions. The regulation is, for the most part, clearly written and easy to understand for health care providers, patients, and patients' families.
Following a periodic review, the State Board of Health will amend the regulation to ensure that the language reflects the most up-to-date information available and conforms to Virginia Administrative Code style and form.
There is a continued need for the regulation. Sections 32.1-111.4, 32.1- 111.5, and 54.1-2987.1 of the Code of Virginia require and rely on the regulation. Additionally, the regulation is necessary for providing clear direction regarding how to honor a patient's end of life health care wishes within Virginia. A public comment was received regarding "required reconsideration" of a valid Do Not Resuscitate Order (DNR) as part of the informed consent process for certain operative procedures. Comments discussed the need for clarification on the regulation as it applies to situations where there is a "required reconsideration" of a DNR during surgery or procedures. For example, although there is a DNR order, there are circumstances in which a patient may benefit from some surgery or other procedures to improve their quality of life. Consequently, during such procedure, resuscitative procedures would not be performed in the event of cardiac or respiratory arrest for patients with a DNR order.
The regulation is not complex and does not overlap, duplicate, or conflict with federal or state law or regulation. The last comprehensive review and amendment to the regulation occurred in 2016, and since that time there has been no significant change to the technology, economic conditions, or other factors in the areas affected by the regulation. Most hospitals, physician offices, and nursing facilities are not considered small businesses. Additionally, the regulation does not require actions that should result in additional expenditure of resources. As such, the regulation does not create any adverse impact on small businesses in Virginia.
Contact Information: Michael Capps, Legislative and Regulatory Coordinator, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7190.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-195, Virginia WIC Program, and determined that this regulation should be amended. The board is publishing its report of findings dated June 1, 2022, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare of women, infants, and children served by the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) in the Commonwealth of Virginia. The regulation is clearly written and understandable.
The Virginia Department of Health (VDH) is recommending the regulation be amended to reflect updated language and current program practices relevant to the regulation.
There is a continued need for the regulation because the Virginia WIC Program provides nutritious foods to supplement diets; information on healthy eating; and referrals to health care for women, infants, and children throughout the Commonwealth. This regulation establishes the requirements for the provision of WIC services. The regulation is clearly written and easily understandable. The regulation does not overlap, duplicate, or conflict with any known federal or state law or regulation. Regulations are evaluated on an ongoing basis and this regulation was last amended effective July 2019 as a result of a periodic review. VDH does not anticipate that amending the regulation will have an adverse economic impact on small businesses in the Commonwealth.
Contact Information: Robin Buskey, Policy Analyst, Office of Family Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 863-7253.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Health conducted a periodic review and a small business impact review of 12VAC5-501, Rules and Regulations Governing the Construction and Maintenance of Migrant Labor Camps, and determined that this regulation should be amended. The board is publishing its report of findings dated March 22, 2022, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare. The regulation provides standards for the permitting of migrant labor camps in the Commonwealth. Such standards address the following areas of public health and safety: permitting requirements, trash and garbage collections, requirements for approved water supply, storage of hazard material, and conformity with the Uniform Statewide Building Code and select occupational safety and health standards as prescribed by the Virginia Safety and Health Codes Board (SHCB). Such standards are necessary to protect the public health, safety, and welfare of migrant laborers. In addition, the regulation is clearly written and understandable.
The regulation has not undergone a comprehensive review since its initial administrative codification, approximately 20 years ago. The regulation, in its current form, does not reflect existing industry standards, changes in technology or safety, and no longer aligns with other regulations that govern food safety and disease prevention. The agency is recommending that the regulation be amended.
Section 32.1-211 B of the Code of Virginia gives authority to the State Board of Health to adopt regulations governing migrant labor camps as a supplement to the occupational safety and health regulations adopted by the SHCB pursuant to Chapter 3 (§ 40.1-22 et seq.) of Title 40.1 of the Code of Virginia. The continued need for the regulation is necessary as it outlines public health standards and supplements the regulations adopted by the SHCB.
VDH received a public comment requesting an increase in inspection frequency, amending standards for sanitation, the addition of H-2B workers to its regulatory authority, additional standards for safety (cooling standards), and other recommendations.
The regulation is clearly written and easily understandable; however, several sections are outdated or no longer relevant, may conflict with other state regulations, and do not reflect or reference current standards related to the health, safety, and welfare of migrant labor camps. It has been several decades since the regulation has undergone amendment, and an evaluation is necessary to determine how or if technology, economic conditions, or other factors could have an impact on the regulated population or the general public.
As the agency is recommending to amend the regulation, staff will engage with stakeholders and the regulated community regarding any proposed amendments to minimize the economic impact of the regulation on small businesses while maintaining appropriate regulatory standards to ensure the safety, health, and welfare of the public.
Contact Information: Julie Henderson, Director, Office of Environmental Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7001.