TITLE 1. ADMINISTRATION
STATE BOARD OF ELECTIONS
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-10, Public Participation Guidelines, and determined that this regulation should be amended. The board is publishing its report of findings dated March 17, 2026, to support this decision.
This regulation remains necessary because it establishes the procedural framework through which interested persons may participate in the development, amendment, or repeal of regulations administered by the agency. By ensuring that interested persons and organizations receive notice of proposed regulatory actions and meaningful opportunities to participate in the regulatory process, the regulation promotes public welfare via transparency, accountability, and public confidence in the administration of elections in the Commonwealth. The Department of Elections (ELECT) has also determined that the regulation is organized logically, uses plain and operational language, and clearly identifies the rights of interested parties as well as the agency's responsibilities for maintaining notification lists and distributing notices.
ELECT proposes minor amendments to the regulation to improve clarity, update references where necessary, and ensure conformity with current law, executive branch review requirements, and present agency practice. The chapter continues to provide the procedural foundation for public participation in the board's regulatory actions; therefore, repeal is not warranted. The recommended amendments will enhance readability and reduce the potential for misinterpretation without altering the core regulatory framework.
The regulation primarily governs public participation in board-related matters and does not impose direct regulatory requirements on small businesses. Accordingly, the regulation has minimal economic impact on small businesses. The regulation does not duplicate or conflict with federal or state law and remains appropriate given current technology and administrative practices.
Contact Information: Nathan W. Joyner, Administrative Program Specialist, Department of Elections, 1100 Bank Street, First Floor, Richmond, VA 23219, telephone (804) 864-8901, or email nathan.joyner@elections.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-20, General Administration, and determined that this regulation should be amended. The board is publishing its report of findings dated March 18, 2026, to support this decision.
This regulation remains necessary for the protection of the public interest and the effective administration of elections in the Commonwealth. Election administration involves coordination among numerous local officials and requires consistent procedures across all jurisdictions. The regulation supports this objective by establishing administrative standards that facilitate uniform implementation of election laws. The regulation also remains clearly written and understandable. While certain provisions reference administrative structures that have since been modified, these issues can be addressed through targeted amendments without altering the overall regulatory framework. The regulation continues to serve an important role in supporting the orderly administration of elections and ensuring that election officials have access to consistent administrative guidance.
The Department of Elections (ELECT) proposes to amend the regulation to improve clarity, update references where necessary, and ensure conformity with current law, executive branch review requirements, and present agency practice. The recommended amendments are intended to improve clarity, consistency, and usability while maintaining the regulatory structure necessary to ensure uniform statewide administration of elections.
The regulation primarily governs the administration of elections by state and local election officials and does not impose direct obligations on small businesses. Accordingly, the regulation has minimal economic impact on small businesses. The regulation does not duplicate or conflict with federal or state law and remains appropriate given current technology and administrative practices.
Contact Information: Nathan W. Joyner, Administrative Program Specialist, Department of Elections, 1100 Bank Street, First Floor, Richmond, VA 23219, telephone (804) 864-8901, or email nathan.joyner@elections.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-40, Voter Registration, and determined that this regulation should be amended. The board is publishing its report of findings dated March 20, 2026, to support this decision.
This regulation remains necessary for the protection of public welfare because it ensures consistent, secure, and transparent administration of election-related processes across the Commonwealth. The regulation supports uniform practices among local election officials, reduces ambiguity in statutory implementation, and promotes public confidence in the administration of elections.
The regulation is generally clear but is in need of amendments to improve clarity, ensure consistency with governing statutes, and better align with current election administration practices. The proposed amendments include minor technical edits and substantive updates across multiple sections, including (i) revisions to terminology and structure, (ii) clarification and expansion of communication requirements and timelines, (iii) evaluation of consolidation opportunities to reduce redundancy, (iv) review of procedures related to incomplete applications and supplemental information, and (v) reassessment of denial timelines to ensure consistency with statute. Collectively, these amendments are to enhance administrative efficiency, reduce ambiguity, and ensure the regulation continues to operate effectively within the Commonwealth's statutory and operational framework.
The regulation primarily governs election administration by state and local election officials and does not impose direct regulatory requirements on small businesses. Accordingly, the regulation has minimal economic impact on small businesses. The regulation does not duplicate or conflict with federal or state law and remains appropriate given current technology and administrative practices. Retaining the regulation with amendments will not increase regulatory burden and continues to support effective and consistent election administration.
Contact Information: Nathan W. Joyner, Administrative Program Specialist, Department of Elections, 1100 Bank Street, First Floor, Richmond, VA 23219, telephone (804) 864-8901, or email nathan.joyner@elections.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-45, Absent Military and Overseas Voters, and determined that this regulation should be amended. The board is publishing its report of findings dated March 20, 2026, to support this decision.
This regulation remains necessary for the protection of the public interest and the effective administration of elections in the Commonwealth. Election administration involves coordination among numerous local officials and requires consistent procedures across all jurisdictions. The regulation supports this objective by establishing administrative standards that facilitate uniform implementation of election laws. The regulation also remains clearly written and understandable. While certain provisions reference administrative structures that have since been modified by statute, these issues can be addressed through targeted amendments without altering the overall regulatory framework. The regulation continues to serve an important role in supporting the orderly administration of elections and ensuring that election officials have access to consistent administrative guidance.
The Department of Elections (ELECT) proposes to amend the regulation to improve clarity, update references where necessary, and ensure conformity with current law, executive branch review requirements, and present agency practice. The recommended amendments will enhance readability and reduce the potential for misinterpretation without altering the core regulatory framework.
The regulation primarily governs election administration by state and local election officials and does not impose direct regulatory requirements on small businesses. Accordingly, the regulation has minimal economic impact on small businesses. The regulation does not duplicate or conflict with federal or state law and remains appropriate given current technology and administrative practices. Retaining the regulation with amendments will not increase regulatory burden and continues to support effective and consistent election administration.
Contact Information: Nathan W. Joyner, Administrative Program Specialist, Department of Elections, 1100 Bank Street, First Floor, Richmond, VA 23219, telephone (804) 864-8901, or email nathan.joyner@elections.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-50, Candidate Qualification, and determined that this regulation should be amended. The board is publishing its report of findings dated March 18, 2026, to support this decision.
This regulation remains necessary for the protection of public health, safety, and welfare because it establishes uniform procedures governing the administration of elections across the Commonwealth. The regulation supports consistent implementation of statutory requirements by local electoral boards and general registrars, thereby promoting accuracy, transparency, and public confidence in election processes. While the regulation continues to be generally effective, certain provisions would benefit from clarification, modernization, and alignment with current statutory requirements and current agency practices. Public comments received during the periodic review identified areas where language may be outdated or imprecise. In particular, comments highlighted opportunities to improve clarity, remove obsolete provisions, and ensure consistency with current law and technological systems used in election administration. Overall, the regulation is reasonably clear and understandable; however, targeted amendments are warranted to enhance usability, reduce ambiguity, and better reflect current operational practices.
Based on the volume and substance of public comments received, which identified specific provisions that are outdated, inconsistent with current law, or in need of clarification, the Department of Elections (ELECT) recommends targeted amendments to update regulatory language to conform to current statutory authority, remove or revise obsolete provisions, clarify procedures to improve consistency and ease of administration, and ensure alignment with current systems and practices used by election officials. These amendments are intended to preserve the regulatory framework while improving clarity, efficiency, and compliance.
The regulation primarily governs the conduct of election administration by state and local election officials and does not impose direct regulatory requirements on small businesses. Accordingly, the regulation has minimal economic impact on small businesses. The regulation does not duplicate or conflict with federal or state law and remains appropriate given current technology and administrative practices.
Contact Information: Nathan W. Joyner, Administrative Program Specialist, Department of Elections, 1100 Bank Street, First Floor, Richmond, VA 23219, telephone (804) 864-8901, or email nathan.joyner@elections.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-60, Election Administration, and determined that this regulation should be amended. The board is publishing its report of findings dated March 19, 2026, to support this decision.
This regulation remains necessary for the protection of public health, safety, and welfare because it establishes uniform procedures governing the conduct and administration of elections by local electoral boards and general registrars. The regulation supports consistent implementation of statutory requirements, promotes transparency and accuracy in election processes, and helps maintain public confidence in the administration of elections. While the regulation remains generally effective, public comments and internal review have identified opportunities to improve clarity, remove outdated language, and better reflect current systems and procedures used in election administration. Overall, the regulation is reasonably clear and understandable; however, targeted amendments are warranted to enhance usability, reduce ambiguity, and ensure consistency with current law and practice.
Based on the volume and substance of public comments received, which identified specific provisions that are outdated, inconsistent with current law, or in need of clarification, the Department of Elections (ELECT) recommends targeted amendments to update regulatory language to conform to current statutory authority, remove or revise obsolete provisions, clarify procedures to improve consistency and ease of administration, and ensure alignment with current systems and practices used by election officials. These amendments are intended to preserve the regulatory framework while improving clarity, efficiency, and compliance.
The regulation primarily governs the conduct of election administration by state and local election officials and does not impose direct regulatory requirements on small businesses. Accordingly, the regulation has minimal economic impact on small businesses. The regulation does not duplicate or conflict with federal or state law and remains appropriate given current technology and administrative practices.
Contact Information: Nathan W. Joyner, Administrative Program Specialist, Department of Elections, 1100 Bank Street, First Floor, Richmond, VA 23219, telephone (804) 864-8901, or email nathan.joyner@elections.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-70, Absentee Voting, and determined that this regulation should be amended. The board is publishing its report of findings dated March 19, 2026, to support this decision.
This regulation remains necessary for the protection of public health, safety, and welfare because it establishes uniform procedures governing the conduct and administration of elections by local electoral boards and general registrars. The regulation supports consistent implementation of statutory requirements, promotes transparency and accuracy in election processes, and helps maintain public confidence in the administration of elections. While the regulation remains generally effective, public comments and internal review have identified opportunities to improve clarity, remove outdated language, and better reflect current systems and procedures used in election administration. Overall, the regulation is reasonably clear and understandable; however, targeted amendments are warranted to enhance usability, reduce ambiguity, and ensure consistency with current law and practice.
Based on the volume and substance of public comments received, which identified specific provisions that are outdated, inconsistent with current law, or in need of clarification, the Department of Elections (ELECT) recommends targeted amendments to update regulatory language to conform to current statutory authority, remove or revise obsolete provisions, clarify procedures to improve consistency and ease of administration, and ensure alignment with current systems and practices used by election officials. These amendments are intended to preserve the regulatory framework while improving clarity, efficiency, and compliance.
The regulation primarily governs the conduct of election administration by state and local election officials and does not impose direct regulatory requirements on small businesses. Accordingly, the regulation has minimal economic impact on small businesses. The regulation does not duplicate or conflict with federal or state law and remains appropriate given current technology and administrative practices.
Contact Information: Nathan W. Joyner, Administrative Program Specialist, Department of Elections, 1100 Bank Street, First Floor, Richmond, VA 23219, telephone (804) 864-8901, or email nathan.joyner@elections.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-80, Recounts and Contested Elections, and determined that this regulation should be amended. The board is publishing its report of findings dated March 20, 2026, to support this decision.
This regulation remains necessary for the protection of public welfare because it ensures the consistent, secure, and transparent administration of elections across the Commonwealth. The regulation supports uniform practices among local election officials, reduces ambiguity in statutory implementation, and promotes voter confidence in the electoral process when contested elections and recounts may occur. While the regulation is generally clear and understandable, amendments will improve organization, update references, and ensure consistency with current statutory requirements and agency practices. These updates will enhance readability and reduce the potential for misinterpretation without altering the core regulatory framework.
The regulation should be amended to update statutory references, clarify provisions identified through public comment and internal review, and align the regulation with current election administration practices and technology. The recommended amendments are intended to improve clarity, consistency, and usability while maintaining the regulatory structure necessary to ensure uniform statewide administration of elections.
The regulation primarily governs the conduct of election administration by state and local election officials and does not impose direct regulatory requirements on small businesses. Accordingly, the regulation has minimal economic impact on small businesses. The regulation does not duplicate or conflict with federal or state law and remains appropriate given current technology and administrative practices.
Contact Information: Nathan W. Joyner, Administrative Program Specialist, Department of Elections, 1100 Bank Street, First Floor, Richmond, VA 23219, telephone (804) 864-8901, or email nathan.joyner@elections.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-90, Campaign Finance and Political Advertisements, and determined that this regulation should be retained as is. The board is publishing its report of findings dated March 20, 2026, to support this decision.
This regulation remains necessary for the protection of public welfare because it ensures the consistent, secure, and transparent administration of elections across the Commonwealth. The regulation supports uniform practices among local election officials, reduces ambiguity in statutory implementation, and promotes voter confidence in the campaign finance process. The regulation is very clear and understandable to election officials.
The regulation should be retained as is because there is a continued need for the regulation, no significant issues were identified through public comment or internal review, and the regulation remains consistent with statutory requirements and current election administration practices.
The regulation primarily governs the conduct of election administration by state and local election officials and does not impose direct regulatory requirements on small businesses. Accordingly, the regulation has minimal economic impact on small businesses. The regulation does not duplicate or conflict with federal or state law and remains appropriate given current technology and administrative practices.
Contact Information: Nathan W. Joyner, Administrative Program Specialist, Department of Elections, 1100 Bank Street, First Floor, Richmond, VA 23219, telephone (804) 864-8901, or email nathan.joyner@elections.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Elections conducted a periodic review and a small business impact review of 1VAC20-100, Ranked Choice Voting, and determined that this regulation should be retained as is. The board is publishing its report of findings dated March 20, 2026, to support this decision.
This regulation remains necessary for the protection of public welfare because it ensures consistent, secure, and transparent administration of election-related processes across the Commonwealth. The regulation supports uniform practices among local election officials, reduces ambiguity in statutory implementation, and promotes public confidence in the administration of elections utilizing ranked choice voting. The regulation is clear and understandable.
The regulation should be retained in its current form because there is a continued need for the regulation, no significant issues were identified through public comment or internal review, and the regulation remains consistent with statutory requirements and current election administration practices.
The regulation primarily governs election administration by state and local election officials and does not impose direct regulatory requirements on small businesses. Accordingly, the regulation has minimal economic impact on small businesses. The regulation does not duplicate or conflict with federal or state law and remains appropriate given current technology and administrative practices.
Contact Information: Nathan W. Joyner, Administrative Program Specialist, Department of Elections, 1100 Bank Street, First Floor, Richmond, VA 23219, telephone (804) 864-8901, or email nathan.joyner@elections.virginia.gov.
DEPARTMENT OF HUMAN RESOURCE MANAGEMENT
Agency Notice
Pursuant to §§ 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: 1VAC55-11, Public Participation Guidelines and 1VAC55-20, Commonwealth of Virginia Health Benefits Program. The reviews will be guided by the principles in Executive Order 19 (2022). The purpose of these reviews is to determine whether the regulations should be repealed, amended, or retained in their current forms. Public comment is sought on the review of any issue relating to the 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 June 15, 2026, and ends July 6, 2026.
Comments must include the commenter's name and address (physical or email) 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: Mecca Hall, Public Relations, Department of Human Resource Management, 600 East Main Street, Richmond, VA 23219, telephone (804) 773-0247, or email mecca.hall@dhrm.virginia.gov.
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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 a small business impact review of 2VAC5-150, Rules and Regulations Governing the Transportation of Companion Animals, and determined that this regulation should be retained as is. The board is publishing its report of findings dated April 27, 2026, to support this decision.
The Virginia Department of Agriculture and Consumer Services (VDACS) is recommending that the regulation be retained as is because the regulation is necessary for ensuring the appropriate transportation of companion animals by by dealers, animal control officers, and other commercial or public entities in the Commonwealth. The regulation is important to the pet and shelter industry and there is continued need to ensure that companion animals are transported in an appropriate manner. The regulation is clearly written and easily understood. There have been no complaints about this regulation. The regulation is not complex and complements federal regulations enacted pursuant to the federal Animal Welfare Act (7 USC § 2131 et seq.). The regulation is up to date, and no significant technological or economic developments have impacted the transportation of companion animals since the regulation was adopted. The regulation was promulgated with due concerns for industry and has minimal impact on small businesses.
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, fax (804) 371-7679, or email kevin.schmidt@vdacs.virginia.gov.
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 2VAC5-315, Virginia Imported Fire Ant Quarantine for Enforcement of the Virginia Pest Law, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 1, 2026, to support this decision.
VDACS recommends that this regulation be retained as is because it is the only viable alternative to slow the artificial spread of the imported fire ant from infested areas to noninfested areas. Once established, the imported fire ant has the potential to spread to noninfested areas, either through natural means or through the movement of infested articles (artificial spread). The regulation establishes quarantine areas in the Commonwealth. Since the quarantine's establishment, VDACS has surveyed for the presence of fire ant populations outside of the regulated areas and, when detected, treated isolated populations found in these areas. In 2019, survey data indicated that the fire ant had become established outside of the regulated area and it was necessary to expand the regulated area to include additional localities. The quarantine was expanded again in 2024 and 2025.
This regulation is necessary to continue to slow the artificial spread of the fire ant from infested areas to non-infested areas. VDACS has determined that the regulation is not unnecessarily burdensome or complex.
This regulation has an economic impact on businesses, including small businesses, that are located in a quarantined area. These businesses are required to survey for imported fire ants and treat regulated articles in an effort to prevent the artificial spread of the imported fire ant. Businesses in the localities included in this quarantine must obtain a compliance agreement and follow all requirements listed in the compliance agreement prior to moving regulated articles outside of the regulated areas. There is no direct financial cost to obtain a compliance agreement, as VDACS does not charge for the compliance agreement; however, the business moving regulated articles will have direct costs related to treatment, survey, inspection, or other requirements outlined by the compliance agreement. VDACS does not have reliable data to estimate the number of businesses that will need to move regulated articles out of a regulated area or to estimate of the direct costs of this movement, which is case-specific and likely different for each entity needing to move a regulated article out of a regulated area.
Additionally, treatment methods and associated costs vary depending on the item being treated. Due to the number of variables and the range of costs related to those variables, VDACS is unable to provide a reasonable estimated dollar amount for the direct costs associated with this quarantine. No significant changes to technology, economic conditions, or other factors have occurred that would necessitate amendments to this regulation.
The imported fire ant is a federally regulated pest. Currently, the regulated areas under the federal imported fire ant quarantine mirror the regulated areas included in Virginia's quarantine. However, without Virginia's regulation in place, USDA-APHIS could elect to issue a federal quarantine that would encompass all of Virginia and would place restrictions on businesses in noninfested areas of Virginia that are not currently subject to the provisions of the regulation. As such, VDACS recommends that the regulation be retained as is.
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, fax (804) 371-7679, or email kevin.schmidt@vdacs.virginia.gov.
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 2VAC5-490, Regulations Governing Grade "A" Milk, and determined that this regulation should be retained as is. The board is publishing its report of findings dated March 25, 2026, to support this decision.
This regulation is necessary to ensure the safety and wholesomeness of milk and milk products for human consumption, which protects the public health, safety, and welfare. The regulation is clearly written and easily understandable.
The regulation is included in a pending exempt regulatory action to adopt the 2023 Pasteurized Milk Ordinance (PMO). The current regulation, as well as the proposed amendments included in the pending regulatory action, are consistent with the stated objectives of the Milk, Milk Products, and Dairies Law (§ 3.2-5200 et seq. of the Code of Virginia). The regulation is not overly burdensome to the industry, is clear and concise, and is necessary to ensure the safe production of milk and milk products. The Virginia Department of Agriculture and Consumer Services (VDACS) has determined that no additional changes are needed to this regulation at this time.
The regulation is necessary to ensure that Virginia milk producers and shippers comply with federal milk standards and with the standards established by the National Conference on Interstate Milk Shippers (NCIMS). VDACS has received no comments or complaints about the regulation from the public. This regulation is adopted from the PMO, which is a federal model regulation for the production of Grade "A" milk and milk products developed by the Food and Drug Administration for the states to adopt. The regulation does not conflict with any state or federal regulation.
The regulation was amended in March 2020. The regulation is continually evaluated at a programmatic level to ensure that it is adequate to address issues and concerns within the manufactured milk industry. Although certain portions of the industry have evolved, the regulation, as amended, is current, relevant, and helps to ensure the safe production of manufactured milk products.
Many dairy farms and processors are small businesses and compliance with this regulation is required in order for the agency to permit dairy farmers to sell milk to intrastate and interstate markets and dairy processors to sell finished product Grade "A" fluid milk and dairy products into intrastate and interstate commerce. If this regulation were not in place, it would have a negative impact on these small businesses.
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, fax (804) 371-7679, or email kevin.schmidt@vdacs.virginia.gov.
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 2VAC5-501, Regulations Governing the Cooling, Storing, Sampling and Transporting of Milk, and determined that this regulation should be retained as is. The board is publishing its report of findings dated March 25, 2026, to support this decision.
This regulation is necessary to ensure the safety and wholesomeness of milk and milk products for human consumption, which protects the public health, safety, and welfare. The regulation is clearly written and easily understandable.
This regulation is included in a pending fast-track regulatory action to adopt the 2023 Pasteurized Milk Ordinance (PMO). The current regulation and the proposed amendments are consistent with the stated objectives of the Milk, Milk Products, and Dairies Law (§ 3.2-5200 et seq. of the Code of Virginia). The regulation is not overly burdensome to the industry, is clear and concise, and is necessary to ensure the safe storing and transportation of milk and milk products. The Virginia Department of Agriculture and Consumer Services (VDACS) has determined that no additional changes are needed to this regulation at this time.
The regulation in its current form and with the proposed amendments provides important safeguards to ensure the safe manufacture and distribution of milk and milk products in the Commonwealth. VDACS has received no comments or complaints about the regulation from the public.
There is minimal overlap with existing related state regulations and statutes, which occurs because the regulation and statute both address various types of dairy products (i.e., many manufactured milk products addressed in Regulations Governing Milk for Manufacturing Purposes (2VAC5-531) and Grade "A" milk, which is addressed in Regulations Governing Grade "A" Milk (2VAC5-490), are both required to be sampled and transported by a hauler or sampler who has been issued a permit through VDACS). However, the regulation is necessary to ensure the safety of milk and milk products. There is no significant duplication or overlap relative to federal statutes and regulations, as the regulation is based heavily on the PMO, which is a federal model regulation for the production of Grade "A" milk and milk products developed by the U.S. Food and Drug Administration (FDA).
The regulation is continually evaluated at a programmatic level to ensure that it adequately addresses issues and concerns within the dairy industry. Although certain portions of the industry have evolved, the regulation is still current, relevant, and helps ensure the safe production of milk and milk products.
There is no direct cost to small businesses to apply for the permits required by this regulation to sample and transport milk for human consumption. There may be indirect costs associated with complying with the sanitary requirements of the regulation in order to maintain the permit. This regulation provides direct and indirect benefits to small businesses because it ensures consumer confidence in the quality and wholesomeness of dairy products and allows dairy farmers and dairy processors to transport and sell Grade "A" milk and milk products to intrastate and interstate markets.
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, fax (804) 371-7679, or email kevin.schmidt@vdacs.virginia.gov.
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 2VAC5-510, Regulations Governing the Production, Processing, and Sale of Ice Cream, Frozen Desserts, and Similar Products, and determined that this regulation should be retained as is. The board is publishing its report of findings dated March 25, 2026, to support this decision.
This regulation is necessary to ensure the safe production and distribution of ice cream, frozen desserts, and similar products, which protects the public health, safety, and welfare. The regulation is clearly written and easily understandable.
Because the regulation was amended in 2025, the Virginia Department of Agriculture and Consumer Services (VDACS) has elected to retain the regulation as is. The regulation is consistent with the stated objectives of the Milk, Milk Products, and Dairies Law (§ 3.2-5200 et seq. of the Code of Virginia). The regulation is not overly burdensome to the industry, is clear and concise, and is necessary to ensure the safe production of ice cream and frozen desserts. The current regulation provides sufficient safeguards to ensure the safe manufacture and distribution of ice cream and frozen desserts in the Commonwealth. VDACS has received no comments or complaints about the regulation from the public. This regulation is adopted from the U.S. Department of Agriculture (USDA) model regulations for the production of frozen desserts and ice cream and does not conflict with any state or federal regulation.
The regulation is continually evaluated to ensure that it adequately addresses issues and concerns within the ice cream and frozen dessert industry. Although certain portions of the industry have evolved, the regulation is still current and relevant and helps ensure the safe production of ice cream and frozen desserts.
There is no direct cost to small businesses to apply for a permit to manufacture ice cream and frozen dessert products. Small businesses may have indirect costs associated with complying with the sanitary, storage, and inspection requirements in the regulation. Equipment costs for small businesses are typically lower because they are based on production volume and scale.
There are direct and indirect benefits to small businesses because the regulation ensures consumer confidence in the sanitary condition of small businesses that manufacture ice cream and the quality of the ice cream product.
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, fax (804) 371-7679, or email kevin.schmidt@vdacs.virginia.gov.
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 2VAC5-531, Regulations Governing Milk for Manufacturing Purposes, and determined that this regulation should be retained as is. The board is publishing its report of findings dated March 25, 2026, to support this decision.
This regulation is necessary to ensure the safety and wholesomeness of milk and milk products for human consumption, which protects the public health, safety, and welfare. The regulation is clearly written and easily understandable.
The Virginia Department of Agriculture and Consumer Services (VDACS) has elected to retain the regulation as is. The regulation is consistent with the stated objectives of the Milk, Milk Products, and Dairies Law (§ 3.2-5200 et seq. of the Code of Virginia). The regulation is not overly burdensome to the industry, is clear and concise, and is necessary to ensure the safe sale of milk for manufacturing purposes and the safe manufacture and distribution of milk products.
The current regulation provides sufficient safeguards to ensure the safe manufacture and distribution of manufactured grade milk products in the Commonwealth. Without the regulation, the safety of manufactured milk products would be compromised. VDACS has received no comments or complaints about the regulations from the public. There is minimal overlap with existing related state regulations and statutes, which occurs because existing regulation and statute both address multiple types of dairy products (i.e. many manufactured milk products and Grade "A" milk, which is addressed in Regulations Governing Grade "A" Milk (2VAC5-490), are required to be pasteurized). However, the regulation is necessary to ensure the safety of manufactured milk products. There is no significant duplication or overlap relative to existing federal statute or regulation.
The regulation was amended in 2015 and is continually evaluated to ensure that it adequately addresses issues and concerns within the manufactured milk industry. Although certain portions of the industry have evolved, the regulation is still current and relevant and helps ensure the safe production of manufactured milk products. There is minimal impact on small businesses because the regulation provides exemptions from certain requirements for small-scale manufacturers. Since VDACS is electing to retain the regulation as is, there will be no impact on small businesses.
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, fax (804) 371-7679, or email kevin.schmidt@vdacs.virginia.gov.
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 2VAC5-620, Requirements Pertaining to the Establishment of the Dangerous Dog Registry, and determined that this regulation should be retained as is. The board is publishing its report of findings dated April 27, 2026, to support this decision.
The Virginia Department of Agriculture and Consumer Services (VDACS) is recommending that this regulation stay in effect without change because it assists VDACS in providing information to protect citizens and animals in Virginia from dogs that have been deemed dangerous through the adjudication process. This regulation is clearly written and easy to understand. There is a continued need for this regulation because it protects citizens, pets, and other animals in the Commonwealth. This regulation does not place any regulatory burden on small businesses but assists the agency in providing information to the public that enables small businesses to have knowledge of dangerous dogs in their area and take necessary precautions to protect their businesses and customers.
The comments VDACS received regarding this regulation largely pertained to expanding the statute relating to dangerous dogs. Any such change must be enacted by the legislature. The regulation is clear and uncomplicated. This regulation does not overlap, duplicate, or conflict with federal or state law or regulation. 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 amendments to the regulation. This regulation was promulgated with due concerns for industry and has minimal impact on small businesses.
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, fax (804) 371-7679, or email kevin.schmidt@vdacs.virginia.gov.
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 2VAC5-670, Regulations Governing Pesticide Product Registration, Handling, Storage, and Disposal under Authority of the Virginia Pesticide Control Act, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 1, 2026, to support this decision.
This regulation is necessary to protect the public health, safety, and welfare because it helps ensure that only pesticide products registered with the U.S. Environmental Protection Agency (EPA) and the Virginia Department of Agriculture and Consumer Services (VDACS) are used in Virginia. This regulation is aligned with federal requirements in the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136 et seq.). The regulation is clearly written and easily understood by the regulated industry.
VDACS recommends that the regulation be retained as is. The regulation was revised in 2017 to align with current federal pesticide laws, agency policies and procedures, and industry standards and to facilitate compliance. Given the risks associated with the use of pesticides, it is imperative that the requirements for pesticide registration, distribution, sale, storage, and use are clear and unambiguous.
The regulation is not unnecessarily complex and is easily understood by the regulated industry. The regulation does not add requirements more restrictive than federal requirements to individuals or businesses seeking pesticide product registration. The regulation is the least burdensome alternative for effectively regulating participants in this industry, including small businesses. There is a direct cost to businesses that manufacture, sell, store, recommend for use, mix, or apply pesticides. These costs are associated with the conformance to EPA and VDACS standards for pesticide formulation and use. VDACS registers approximately 15,000 products every year. The vast majority of product registrants are not small businesses; however, most pesticide businesses that employ applicators are likely small businesses. Licensed pesticide businesses are subject to the use, storage, and application equipment requirements in this regulation. VDACS is not able to estimate the cost impact but anticipates the cost associated with compliance to be minimal.
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, fax (804) 371-7679, or email kevin.schmidt@vdacs.virginia.gov.
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 2VAC5-675, Regulations Governing Pesticide Fees Charged by the Department of Agriculture and Consumer Services, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 1, 2026, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare. The regulation establishes fees to obtain (i) a pesticide product registration, (ii) a commercial applicator or registered technician certification, and (iii) a pesticide business license. These fees ensure that the Virginia Department of Agriculture and Consumer Services (VDACS) can continue funding the operation of the Commonwealth's pesticide programs. These programs are necessary to fulfill the licensure, registration, and certification requirements of the Virginia Pesticide Control Act (§ 3.2-3900 et seq. of the Code of Virginia), which assist in ensuring the proper labeling of pesticide products and the proper training of individuals applying or recommending the use of pesticide products. The regulation helps ensure that only pesticide products that are registered with the U.S Environmental Protection Agency (EPA) and VDACS are used in Virginia, which helps protect public health, safety, and welfare. The regulation is clearly written and easily understandable.
VDACS recommends that this regulation stay in effect without change. The regulation was amended in 2025 to ensure that the prescribed fees provide adequate funding for pesticide-related services.
The Pesticide Fee Regulatory Advisory Panel was established by the board and meets at the board's discretion to review the regulation's fee structure and recommend revisions based on the needs of the pesticide program. Effective January 2, 2025, the fees were lowered for pesticide businesses, commercial applicators, and registered technicians. VDACS has received no complaints or comments regarding the regulation. The regulation is not unnecessarily complex, and the complexity of this regulation is not such that it would have an economic impact on small businesses. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation was last amended in 2025, and no changes in technology, economic conditions, or other factors have occurred that necessitate further amendments at this time.
This regulation requires a direct cost to businesses for the registration of pesticide products that are manufactured, sold, stored, recommended for use, mixed, or applied in Virginia, as well as a licensing fee for businesses that distribute, apply, or recommend the use of pesticides. There is also a cost to individuals applying for a certificate as a commercial applicator or registered technician. There are approximately 3,000 licensed pesticide businesses and 22,600 certified pesticide applicators, including commercial applicators and registered technicians, in Virginia. VDACS registers approximately 15,000 products every year. The fees collected pursuant to this regulation are placed in a specific fund used for the operating costs of VDACS pesticide programs, which protect public health and the environment by ensuring proper use of pesticides that can adversely affect crops, structures, health, and domestic animals. VDACS estimates that the vast majority of the licensed businesses and employers of certified pesticide applicators are small businesses. Most of the product registrants are not small businesses.
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, fax (804) 371-7679, or email kevin.schmidt@vdacs.virginia.gov.
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 2VAC5-680, Regulations Governing Licensing of Pesticide Businesses Operating under Authority of the Virginia Pesticide Control Act, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 1, 2026, to support this decision.
This regulation is necessary for the protection of public health, safety, and welfare. Pesticides are used for the control of pests that adversely affect crops, structures, human health, and domestic animals. Given the risk associated with the application of pesticides to both human health and the environment, the use of pesticides is highly regulated at the federal and state level. The Virginia Department of Agriculture and Consumer Services (VDACS) pesticide programs protect human health and the environment by ensuring the proper use of pesticides. These programs include the certification of pesticide applicators, licensing of pesticide businesses, registration of pesticide products, and inspections and investigations to ensure compliance with all applicable laws and regulations. This regulation is clearly written and easily understood.
This regulation is included in a pending regulatory action that will align its provisions with pesticide applicator standards established by the U.S. Environmental Protection Agency (EPA). The regulatory action is in the proposed stage of the regulatory process; no additional changes are needed at this time.
The regulation continues to be necessary as it sets forth minimum requirements for pesticide businesses. The regulation is not unnecessarily complex, and the complexity of this regulation is not such that it would have an economic impact on small businesses. The regulation does not overlap, duplicate, or conflict with federal or state law or regulation. The regulation poses no known disadvantages to the public, small businesses, or the Commonwealth.
The regulation establishes the licensing requirements for businesses that manufacture, sell, store, recommend for use, mix, or apply pesticides in the Commonwealth. Licensed pesticide businesses are required to (i) demonstrate knowledge of pesticide laws and regulations, hazards of pesticides to humans and the environment, and the safe distribution, use, and disposal of pesticides; (ii) employ a certified commercial applicator; and (iii) maintain liability insurance. Licensed pesticide businesses must also meet certain requirements related to the sale of restricted-use pesticides and keep records of the sale of restricted use pesticides and pesticide applications. Small businesses may experience indirect costs associated with complying with these requirements. Given the inherent safety considerations associated with the application of pesticides, it is imperative that the requirements established in the regulation are met by businesses. There are approximately 3,000 licensed pesticide businesses.
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, fax (804) 371-7679, or email kevin.schmidt@vdacs.virginia.gov.
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 2VAC5-685, Regulations Governing Pesticide Applicator Certification under Authority of Virginia Pesticide Control Act, and determined that this regulation should be retained as is. The board is publishing its report of findings dated May 1, 2026, to support this decision.
The regulation is necessary for the protection of public health, safety, and welfare. Pesticides are used for the control of pests that adversely affect crops, structures, human health, and domestic animals. Given the risk associated with the application of pesticides to both human health and the environment, the use of pesticides is highly regulated at the federal and state level. The Virginia Department of Agriculture and Consumer Services (VDACS) pesticide programs protect human health and the environment through programs that certify pesticide applicators, license pesticide businesses, register pesticide products, and establish inspections and investigations to ensure compliance with all applicable laws and regulations. This regulation sets forth the minimum requirements for individuals who apply pesticides and is clearly written and easily understood.
This regulation is included in a pending regulatory action that will align its provisions with pesticide applicator standards established by the U.S. Environmental Protection Agency (EPA). The regulatory action is in the proposed stage of the regulatory process. In response to a petition for rulemaking, the regulation is also included in a pending regulatory action to amend the commercial applicator certification category for public health pest control. The regulatory action is in the Notice of Intended Regulatory Action stage of the regulatory process. VDACS has determined that no additional changes are needed to this regulation at this time.
VDACS recommends retaining the regulation because it ensures the ability of pesticide applicators to properly apply pesticides, thereby reducing the chance for misapplication and potential threats to the environment and to the health, safety, and welfare of citizens. There have been no complaints from the public or industry regarding this regulation. This regulation is not unnecessarily complex, and the complexity of the regulation is not such that it would have an economic impact on small businesses. The regulation does not overlap, duplicate, or conflict with federal or state laws or regulations. The regulation does not add requirements more restrictive than federal requirements. There are no known disadvantages to the public, small businesses, or the Commonwealth.
The regulation requires certified applicators to complete board-approved training and demonstrate practical knowledge of principles and practices of pest control and the safe use of pesticides. There are approximately 3,000 licensed pesticide businesses and 22,600 certified pesticide applicators, including commercial applicators, registered technicians, and private applicators, in Virginia. There are costs associated with the training, testing, and recordkeeping provisions of the regulation in addition to the fee to obtain a license. Private applicators, such as farmers, do not pay a fee but must comply with the other provisions of the regulation.
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, fax (804) 371-7679, or email kevin.schmidt@vdacs.virginia.gov.
STATE MILK COMMISSION
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Milk Commission conducted a periodic review and a small business impact review of 2VAC15-12, Public Participation Guidelines, and determined that this regulation should be retained as is. The commission is publishing its report of findings dated March 25, 2026, to support this decision.
This regulation is required by § 2.2-4007.02 of the Code of Virginia and is necessary to establish the mechanisms by which the State Milk Commission advises the public of its regulatory activity. Notice of the commission's regulatory actions assists in protecting the public's welfare. The regulation is clearly written and easily understandable. The commission has received no 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 and last underwent periodic review in 2020. No factors have changed since 2020 that necessitate amending this regulation. This regulation places no economic burden on any small business.
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, fax (804) 371-8700, or email crafton.wilkes@vdacs.virginia.gov.
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TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Agency Notice
Pursuant to §§ 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: 9VAC25-196, Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Noncontact Cooling Water Discharges of 50,000 Gallons per Day or Less, and 9VAC25-860, Virginia Pollutant Discharge Elimination System General Permit Regulation for Potable Water Treatment Plants. The Notices of Intended Regulatory Action to amend 9VAC25-196 and 9VAC25-860, which are published in this issue of the Virginia Register, serve as the agency notices of announcement.
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TITLE 22. SOCIAL SERVICES
STATE BOARD OF SOCIAL SERVICES
Agency Notice
Pursuant to §§ 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: 22VAC40-73, Standards for Licensed Assisted Living Facilities. The review will be guided by the principles in Executive Order 19 (2022). The purpose of this review is to determine whether the regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to the 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 June 15, 2026, and ends July 6, 2026.
Comments must include the commenter's name and address (physical or email) 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: Dani Halbleib, Licensing Consultant, Department of Social Services, 5600 Cox Road, Glen Allen, VA 23060, telephone (804) 726-7132, fax (804) 726-7132, or email daniella.halbleib@dss.virginia.gov.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services conducted a periodic review and a small business impact review of 22VAC40-705, Child Protective Services, and determined that this regulation should be retained as is. The board is publishing its report of findings dated April 29, 2026, to support this decision.
This regulation governs the administration of child protective services. It is essential for ensuring the health, safety, and welfare of children by providing local departments of social services with clear and comprehensive guidance for carrying out child protective services responsibilities. The regulation is written in a clear manner and is straightforward to understand. This regulation should be retained without changes.
The regulation neither conflicts with federal or state laws or regulations nor imposes requirements that exceed applicable federal standards. The regulation was most recently amended through an exempt action in 2025. There is no impact on small businesses, as the regulation does not include provisions that create requirements or limitations for them.
Contact Information: Shannon Hartung, Program Manager, Child Protective Services, Department of Social Services, 4600 Cox Road, Glen Allen, VA 23060, telephone (804) 726-7554, fax (804) 726-7499, or email shannon.hartung1@dss.virginia.gov.