TITLE 2. AGRICULTURE
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
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 a small business impact review of 2VAC5-195, Prevention and Control of Avian Influenza in the Live-Bird Marketing System, and determined that this regulation should be retained as is. The department is publishing its report of findings dated September 30, 2022, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it prevents and controls avian influenza (AI) in the live-bird marketing system. The regulation is clearly written and easily understandable. The agency has decided that this regulation should remain in effect without change because the regulation is mandated by law. In addition, the regulation is necessary to protect the Virginia poultry industry from AI. The agency has determined that there is a continuing need for this regulation in order to protect the Virginia poultry industry, which includes many small businesses, from the spread of AI through the live-bird marketing system.
There have been no complaints from the public concerning the regulation. The regulation is not unnecessarily complex. The regulation does not specifically duplicate any federal or state law or regulations. The regulation is reviewed periodically but has not changed substantially since it was adopted in 2006. The agency has determined that no changes have occurred in the area affected by this regulation since the last periodic review that would make it necessary to amend or repeal the regulation. The agency has determined that that current version of the regulation is consistent with current industry practices and is the least burdensome and least intrusive alternative.
This regulation is expected to have a minimal impact on small businesses. There are currently three live bird markets in Virginia, along with 30 production and distribution units. The required avian influenza testing is provided to the small business owner free of charge. However, there is a minimal economic impact of selling down poultry quarterly and the downtime while disinfecting the sites between quarters.
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.
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 a small business impact review of 2VAC5-210, Rules and Regulations Pertaining to Meat and Poultry Inspection under the Virginia Meat and Poultry Products Inspection Act, and determined that this regulation should be retained as is. The department is publishing its report of findings dated September 6, 2022, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare because it assists in controlling outbreaks of foodborne illness originating from state inspected meat or poultry plants. The regulation is clearly written and easily understood by the regulated entities. The agency is recommending that the regulation should stay in effect without change because the regulation is necessary to maintain a state meat and poultry inspection program and is effective in its current format. There have not been any changes to agency or industry practices to necessitate any modifications.
Without this regulation, state-inspected businesses would have to obtain a federal grant of inspection in order to legally sell meat and poultry products. The agency has not received any complaints or comments regarding this regulation. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with federal or state law or regulations. The agency evaluates the regulation annually to determine if changes to the area affected by the regulation have occurred.
The agency's decision minimizes the economic impact of the regulation on small businesses. Without this regulation, small businesses operating under a state grant of inspection would have to apply for a federal grant of inspection. This would increase administrative costs, require new labeling and label approval, and delay small business production due to the shortage of federal inspectors.
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.
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 a small business impact review of 2VAC5-250, Rules and Regulations Relating to Grain Dealers Licensing and Bonding Law, and determined that this regulation should be retained as is. The board is publishing its report of findings dated September 9, 2022, to support this decision.
This regulation is necessary to protect the economic welfare of Virginia's grain producers. The regulation specifies the information that must be recorded by grain dealers in grain transactions with farmers. Without the records required by this regulation, the agency would be unable to assist in ensuring that farmers receive prompt payment for grain. The records provide an accounting of amounts owed in the event of nonpayment of grain by the grain dealer. In many cases, these transactions are for large amounts of money. Therefore, this regulation helps protect farmers from the loss of income and supports their economic welfare. The regulation is clearly written and easily understood by the regulated industry. The board has determined that this regulation should remain in effect without change for the economic welfare of Virginia grain producers.
The board received one comment regarding the regulation during the public comment period, and the comment was in support of 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 2016, and the board has determined that no change in technology, economic conditions, or other factors has occurred that demands 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 a small business impact review of 2VAC5-318, Rules and Regulations for Enforcement of the Virginia Pest Law - Thousand Cankers Disease, and determined that this regulation should be repealed. The board is publishing its report of findings dated October 3, 2022, to support this decision.
This regulation is no longer necessary for the protection of public health, safety, and welfare because Thousand Cankers Disease (TCD) has only spread minimally and has not had a major impact on walnut tree populations in Virginia since its detection in 2011.
This regulation was promulgated to help prevent the artificial spread of TCD to uninfested areas of the Commonwealth by regulating the movement of the articles that are capable of transporting the disease. As the disease is not spreading and has not had an impact on walnut trees in Virginia, the quarantine is unnecessary. The repeal of this regulation will eliminate any cost associated with compliance with the requirements established in the regulation.
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.
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 a small business impact review of 2VAC5-320, Regulations for the Enforcement of the Endangered Plant and Insect Species Act, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 3, 2022, to support this decision.
This regulation seeks to protect those plants and insects found in Virginia that are of aesthetic, ecological, educational, scientific, economic, or other value and whose global populations are imperiled. The regulation is essential for the protection of rare natural resources and therefore promotes public health, safety, and welfare. The board has determined that this regulation is clearly written, easily understandable, and not unnecessarily complex. The board has determined that this regulation's listing of a species as threatened or endangered continues to offer protection to plants and insects and, therefore, the regulation should be retained as is.
Landowners and their agents, including construction companies undertaking work at the direction of the landowner on the landowner's property, are exempt from the regulation with respect to any threatened or endangered plant or insect species occurring on or within their property. Any major construction project conducted by a public or private construction company on land that is not owned by the builder or developer is subject to this regulation. According to agency documentation, on average, developers and environmental consultants submit approximately 1,000 requests a year seeking information about the anticipated impact of various construction projects on threatened or endangered plant or insect species and less than 1.0% of the requests involve projects that are impacted by the Virginia Endangered Plant and Insect Species Act and this regulation. Small businesses are minimally impacted due to the fact that the environs where many of the listed species are located are isolated and largely on private property.
Since the board last amended this regulation in 2020, the board has not received any complaints regarding the regulation. This regulation does not conflict with federal law or state law or regulation. The board has determined that no change in the affected industry has occurred subsequent to the board's previous amendments.
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.
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 a small business impact review of 2VAC5-321, Regulation of the Harvest and Purchase of Wild Ginseng, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 3, 2022, to support this decision.
This regulation is necessary to ensure that current practices governing the harvest and sale of ginseng in Virginia are adequate to protect the continued survival of the species with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth. It is clearly written and easily understandable. This regulation (i) establishes an annual harvest season from September 1 through December 31 of each year for wild ginseng; (ii) allows only the harvest of wild ginseng that is five years of age or older; (iii) requires harvesters to plant the seeds of the harvested plant at the harvest site at the time of harvest; and (iv) establishes, for licensed dealers, a wild ginseng buying season of September 1 through January 14 for uncertified green wild ginseng root and September 15 through March 31 for uncertified dry wild ginseng root. Without this regulation, overharvesting could occur, which would greatly decrease the amount of ginseng available for harvest in Virginia each year. Ginseng provides a source of income for ginseng harvesters, dealers, and exporters and, as such, this regulation assists in protecting the economic welfare of this industry in Virginia. The board has determined that this regulation should remain in effect without change because it assists in ensuring the long-term survival of wild ginseng, thereby ensuring a source of income for harvesters.
The regulation requires that individuals or companies purchasing ginseng in Virginia for the purpose of reselling must first obtain a Ginseng License from the Virginia Department of Agriculture and Consumer Services. The cost of this license is $10. Currently, there are 70 entities licensed as ginseng dealers in Virginia. The requirements of this regulation have addressed U.S. Fish and Wildlife Service concerns that export of ginseng to other countries may be detrimental to the continued survivability of ginseng, thus allowing for the continued export of wild ginseng from Virginia to other countries. The prohibition of this export activity would have a significant impact on ginseng dealers and exporters. The annual value of wild ginseng exported from Virginia varies based on the market value. The value of wild ginseng exported from Virginia in 2021 was approximately $425,000.
The board has not received any complaints or comments from ginseng harvest licensees, the public, or small businesses concerning any negative economic impacts as a result of this regulation. This regulation does not duplicate or conflict with any federal or state law or regulation. The board determined that no changes have occurred since the last periodic review in 2017 that necessitate amending the regulation.
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.
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 a small business impact review of 2VAC5-410, Rules and Regulations for the Enforcement of the Virginia Agricultural Liming Materials Law, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 3, 2022, to support this decision.
The regulation assists in ensuring the quality of liming materials available for sale in the Commonwealth and, as such, is necessary for the protection of public health and the economic welfare of Virginia's agriculture industry. The regulation is clearly written and easily understood by the regulated industry. The board has determined that the regulation should stay in effect without change because it assists in preventing the sale of poor quality and improperly labeled liming materials in the Commonwealth.
The provisions of this regulation continue to be necessary. The board has not received any complaints or comments from the public concerning this regulation. The board has determined that the regulation is not unnecessarily complex and is easily understood by the regulated industry. This regulation does not overlap, duplicate, or conflict with any federal law or any other state law or regulation. Additionally, the board has determined that there are no changes to technology, economic conditions, or other factors that have occurred that necessitate amendments to this regulation. The board has determined that this regulation is the least burdensome alternative for effectively regulating participants in this industry, including small businesses.
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.
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 a small business impact review of 2VAC5-425, Vapor Pressure Requirements for Gasoline Ethanol Blends, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 3, 2022, to support this decision.
The regulation is necessary to continue the effective and efficient supply of fuel flowing into the Commonwealth. Virginia utilizes the Colonial Gasoline Pipeline, which originates in Texas and ends in New Jersey. Without this regulation, Virginia would be the only state in the Colonial Pipeline without the 1.0 psi vapor pressure waiver established in regulation, which would necessitate the creations of a boutique fuel for Virginia. This would result in increased prices and seriously impact fuel refiners, suppliers, and consumers. As such, this regulation is necessary for the protection of public safety and economic welfare. The regulation is clearly written and easily understandable.
The board has determined that this regulation should be retained as is. The regulation provides an industry standard waiver for the vapor pressure of ethanol blended gasoline that assists industry in compliance and provides for the continued efficient flow of fuel into the Commonwealth.
The board has not received any complaints regarding the regulation, and the industry supported the promulgation of the regulation in 2017. The regulation is not overly complex. Subdivision 1 of 2VAC5-425-20 mirrors the language in NIST Handbook 130, standard adopted by the National Conference on Weights and Measures, and federal regulations; however, the regulation is necessary in order to allow Virginia to accept the vapor pressure waiver, should the National Conference on Weights and Measures or the federal government change their regulations. The regulation was first promulgated in 2017, and no changes have occurred that would necessitate any amendments to this regulation. Industry supported this regulation when first established and the regulation continues to support the motor fuel industry in the Commonwealth.
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 a small business impact review of 2VAC5-450, Rules and Regulations Relating to the Virginia Plants and Plant Products Inspection Law, and determined that this regulation should be retained as is. The board is publishing its report of findings dated October 3, 2022, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare in that it prevents the spread of plant pests. The regulation is clearly written and easily understandable. The board has determined that the regulation should stay in effect without change and is effective in its current format. No changes to board or industry practices have occurred that would necessitate any modifications. The board has determined that there is a continuing need for this regulation in order to provide protection against spread of potentially harmful pests and diseases. Provisions of this regulation require inspection of certain plants, thereby minimizing the spread of plant diseases and the associated negative impact to nursery operations, many of which are small businesses.
The board has received several comments from the public concerning 2VAC5-450-40 and the ability to grow black currants in Virginia. The board, in consultation with Virginia Virginia Polytechnic Institute and State University Plant Pathologists, has determined that resistant cultivars of Ribes nigrum may still harbor White Pine Blister Rust even though the resistant cultivars may not show or exhibit symptoms of the disease.
The regulation is not unnecessarily complex. There is no overlap with federal or state law or regulations. The board has determined that no changes have occurred in the area affected by this regulation since the last periodic review that would make it necessary to amend or repeal the regulation. The board has determined that that current version of the regulation is consistent with current industry practices and is the least burdensome and least intrusive alternative.
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.
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 a small business impact review of 2VAC5-600, Regulations Pertaining to Food for Human Consumption, and determined that this regulation should be retained as is. The board is publishing its report of findings dated September 30, 2022, to support this decision.
The regulation assists in ensuring that food and dietary supplement products produced, packaged, and sold to the citizens of the Commonwealth are safe and properly labeled and, thus, the regulation is necessary for the protection of public health and welfare. Absence of this regulation could result in foods being processed or sold under conditions that would lead to a foodborne illness outbreak thus causing illness or death that could have been prevented by the presence of and adherence to this regulation. The board has determined that the regulation should stay in effect without change.
The regulation is necessary for the protection of the health and welfare of citizens in the Commonwealth. Without a specific regulation to address safety-related requirements for multiple commodities, multiple food processes, adulterants in food products, food additives, proper labeling, and sanitary requirements for food establishments, there is no reasonable way to provide an appropriate level of food safety oversight for the various food product processes and food products that are prepared, held, or sold to consumers in Virginia. This regulation is not complex. However, the regulation does provide an appropriate level of guidance as well as the requirements necessary to ensure that consumers in Virginia purchase and consume safe food products. The one comment received recommended no amendments to the regulation.
As this regulation incorporates provisions of Title 21 of the Code of Federal Regulations, it is duplicative of existing federal regulations. However, enforceability relative to regulatory requirements for food establishments, food products, and food processes within Virginia's boundaries lies primarily with the Virginia Department of Agriculture and Consumer Services and not the federal government. Therefore, the adoption and enforcement of this regulation at a state level is appropriate and necessary to ensure a proper level of food safety within the Commonwealth. Technology and economic conditions have changed minimally since the last evaluation of this regulation. The regulation provides basic, essential requirements for food establishments, food commodities, and food processes while simultaneously minimizing the economic impact on small businesses. The board has determined that the current version of the regulation is consistent with current industry practices and is the least burdensome and least intrusive alternative.
Contact Information: Pamela Miles, Program Manager, Office of Dairy and Foods, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804)786-8910.
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TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Marine Resources Commission conducted a periodic review and a small business impact review of 4VAC20-60, Pertaining to the Display of Licenses to Catch Finfish or Crabs, and determined that this regulation should be retained as is. The commission is publishing its report of findings to support this decision.
The regulation is clearly written and easily understandable. The regulation is necessary for the protection of public health, safety, and welfare by conserving and promoting the seafood and marine resources of the Commonwealth. The decision of the agency is to retain this regulation as is. Based on the Notice of Periodic Review, the agency has received no comments and has determined that there are no recommended amendments to the regulation. The regulation does not have an adverse impact on small businesses and does not overlap, duplicate, or conflict with any known federal or state law or regulation.
Contact Information: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248.
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TITLE 12. HEALTH
STATE BOARD OF HEALTH
Agency Notice
Pursuant to Executive Order 19 (2022) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, this regulation is undergoing a periodic review and a small business impact review: 12VAC5-221, Regulations Governing Cooperative Agreements. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 January 30, 2023, and ends February 20, 2023.
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: Kim Beazley, Director, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7190.
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: 12VAC5-520, Regulations Governing the Dental Scholarship and Loan Repayment Programs. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 January 30, 2023, and ends February 20, 2023.
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: Sandra Serna, Director, Office of Health Equity, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7190.
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: 12VAC5-550, Board of Health Regulations Governing Vital Records. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 January 30, 2023, and ends February 20, 2023.
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: Rilee Bennett, Policy Analyst, Office of Vital Records, Virginia Department of Health, 2001 Maywill Street, Suite 101, Richmond, VA 23230, telephone (804) 662-6258.
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL 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: 12VAC35-230, Operation of the Individual and Family Support Program.
The notice of intended regulatory action to amend 12VAC35-230, which is published in this issue of the Virginia Register, serves as the agency notice of announcement.
Public comment period begins January 30, 2023, and ends February 20, 2023.
Contact Information: Ruth Anne Walker, Director of Regulatory Affairs, Department of Behavioral Health and Developmental Services, Jefferson Building, 1220 Bank Street, 4th Floor, Richmond, VA 23219, telephone (804) 225-2252, FAX (804) 371-4609, TDD (804) 371-8977, or email ruthanne.walker@dbhds.virginia.gov.
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TITLE 13. HOUSING
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
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: 13VAC5-112, Enterprise Zone Grant Program Regulation. The review of this regulation will be guided by the principles in Executive Order 19 (2022). The purpose of a periodic 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 January 30, 2023, and ends February 20, 2023.
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: Kyle Flanders, Senior Policy Analyst, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA 23219, telephone (804) 786-6761.
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TITLE 23. TAXATION
DEPARTMENT OF TAXATION
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Taxation conducted a periodic review and a small business impact review of 23VAC10-210, Retail Sales and Use Tax, and determined that this regulation should be amended. The board is publishing its report of findings dated January 10, 2022, to support this decision.
The Department of Taxation has determined that the regulation is necessary for the administration of taxes and thus necessary for the protection of public health, safety, and welfare. The department has determined that the regulation is clearly written and easily understandable by the individuals and entities affected. Although the Department of Taxation has amended this chapter in several actions filed in 2006, 2007, 2008, 2009, 2010, and 2016 to conform the regulation to statutory changes and changes in the department's procedures and policies, the department needs to amend the regulation to conform it to statutory changes enacted in the 2017 and 2019 Sessions of the General Assembly.
The regulation provides useful guidance to taxpayers, tax practitioners, and Department of Taxation employees regarding the tax. The regulation continues to be necessary to clarify the administration of the tax. The department has received no complaints or comments from the public concerning the regulation. The regulation is not complex. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The department is not aware of any technology, economic conditions, or other factors that have changed in the area affected by the regulation. As the regulation is concise and up-to-date, except with respect to the need to conform it to statutory changes enacted in the 2017 and 2019, the regulation has no economic impact on any businesses, including small businesses.
Contact Information: Joe Mayer, Lead Policy Analyst, Department of Taxation, P.O. Box 27185, Richmond, VA 23261-7185, telephone (804) 371-2299.