Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider amending 2VAC5-390, Rules and Regulations for the Enforcement of the Virginia Seed Law. The purpose of the proposed action is to establish an appropriate minimum germination rate for cotton seed sold in Virginia. Section 3.2-4001 of the Virginia Seed Law authorizes the Board of Agriculture and Consumer Services to adopt regulations governing the establishment of standards for agricultural, vegetable, flower, tree and shrub, lawn and turf seeds, mixtures of such seeds, and screenings. 2VAC5-390 provides specific requirements for seeds sold in Virginia, including minimum germination rates for vegetable, flower, and peanut seeds. Currently, cotton seed sold in Virginia has no minimum standard for germination rate.

In addition, pursuant to Executive Order 19 and § 2.2-4007.1 of the Code of Virginia, the agency is conducting a periodic review and small business impact review of this regulation to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare; (ii) minimizes the economic impact on small businesses consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 3.2-4001 and 3.2-4002 of the Code of Virginia.

Public Comment Deadline: January 4, 2023.

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

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending 12VAC5-71, Regulations Governing Virginia Newborn Screening Services. The purpose of the proposed action is to remove outdated information and reflect recommended national best practices in newborn screening; identify the Newborn Screening Advisory Committee and remove the Virginia Genetics Advisory Committee as the advisory group for this regulation; and clarify reporting requirements following a 2021 periodic review.

Blood spot newborn screening services are provided by the Department of General Services Division of Consolidated Laboratory Services in partnership with the Virginia Department of Health (VDH). On a national level, genetic disorders are included in the Recommended Uniform Screening Panel (RUSP) of the U.S. Secretary of Health and Human Services Advisory Committee on Heritable Disorders in Newborns and Children. Additions of disorders to Virginia's newborn screening panel in alignment with the RUSP are recommended by the Virginia Newborn Screening Advisory Committee. Currently, there are 33 heritable disorders and diseases on the Virginia newborn screening panel. VDH is recommending the regulations be amended to reflect current practices and updated scientific information relevant to newborn screening. This regulatory action seeks to clarify content that may be unclear, inconsistent, or obsolete, and ensure consistency with the RUSP.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 32.1-12 and 32.1-67 of the Code of Virginia.

Public Comment Deadline: January 4, 2023.

Agency Contact: Vanessa Walker-Harris, Director, Office of Family Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7627, or email vanessa.walkerharris@vdh.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board for Contractors intends to consider amending 18VAC50-22, Board for Contractors Regulations. The purpose of the proposed action is to generally review the regulation to clarify and consolidate requirements, eliminate redundant language, and repeal text that restates statute. The board seeks to amend regulations that are determined to be overly burdensome or no longer applicable. The action is in response to and in accordance with Governor Youngkin's Executive Directive 1.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Comment Deadline: January 4, 2023.

Agency Contact: Eric L. Olson, Executive Director, Board for Contractors, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, or email contractors@dpor.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Pharmacy intends to consider amending 18VAC110-30, Regulations for Practitioners of the Healing Arts to Sell Controlled Substances. The purpose of the proposed action is to (i) insert requirements for facilities of practitioners of the healing arts who sell controlled substances, similar to other facilities permitted by the Board of Pharmacy, to declare hours of operation a location will be open to service the public; to report changes in the hours of operation expected to last for more than one week to the board and the public at least 14 days prior to the anticipated change; and to include exemptions for emergency circumstances beyond control of the owner or responsible party or expansion of hours; and (ii) prohibit a license or permit from being issued to a private dwelling or residence.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Public Comment Deadline: January 4, 2023.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 527-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Professional and Occupational Regulation intends to consider amending 18VAC120-30, Regulations Governing Polygraph Examiners. The purpose of the proposed action is to review and amend the standards of practice and conduct to conform to changes regarding copies of polygraph reports being made available to the public to the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia). In the past, law-enforcement agencies were able to withhold polygraph reports from Freedom of Information Act (FOIA) requests because some case files were exempt from FOIA and not accessible to the public. Amendments to the Virginia Freedom of Information Act provided access to some closed law-enforcement cases to the public.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.

Public Comment Deadline: January 4, 2023.

Agency Contact: Marjorie King, Regulatory Boards Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, TDD (804) 527-4290, or email contractors@dpor.virginia.gov.