DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Agriculture and Consumer Services conducted a small business
impact review of 2VAC5-130, Rules and Regulations Governing
Laboratory Fees for Services Rendered or Performed, and determined that
this regulation should be retained in its current form. The Department of
Agriculture and Consumer Services is publishing its report of findings dated
October 18, 2016, to support this decision in accordance with § 2.2-4007.1
F of the Code of Virginia.
There is a continuing need for this regulation in order to
support the operation of the Animal Health Laboratory System. There have been
no complaints from the public concerning the regulation. The regulation is
necessarily uncomplicated. There is no overlap with federal or state law or
regulations. Technology, economic conditions, and other factors have not
impacted the need for this regulation but, in fact, make the existence of this
regulation even more necessary as economic conditions have resulted in the
Animal Health Laboratory System being more dependent on fee revenue to provide
the current technology needed to offer services to clients. The primary effect
on small business is a beneficial one as veterinary practices, agricultural
businesses, and livestock and animal owners in the Commonwealth are able to
obtain laboratory services nearby and at an affordable price. Therefore, the
agency has determined to retain the regulation in its current form.
Contact Information: Dr. Joseph Garvin, Program Manager,
Office of Laboratory Services, Department of Agriculture and Consumer Services,
P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-9202, FAX (804)
371-2380, or email joseph.garvin@vdacs.virginia.gov.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Agriculture and Consumer Services conducted a small business
impact review of 2VAC5-205, Rules and Regulations Pertaining to
Shooting Enclosures, and determined that this regulation should be retained
in its current form. The Department of Agriculture and Consumer Services
(VDACS) is publishing its report of findings dated October 18, 2016, to support
this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.
There is a continued need for this regulation because there is
still one shooting enclosure currently operating in the Commonwealth. There
have been no complaints from the public concerning this regulation. This
regulation is detailed but is clearly written and easily understandable. This
regulation does not overlap, duplicate, or conflict with federal or state law
or other regulation but expands upon § 3.2-6039 of the Code of Virginia.
There have been no technologic, economic, or other factors that have changed in
the area affected by the regulation since the last review period. This
regulation necessarily impacts small business, as the operators of shooting
enclosures are for-profit private businesses. However, the impact is
appropriate and necessary in order to protect public health, welfare, and
safety. The collection of a small annual fee from shooting enclosure operators
is necessary in order to offset any cost to VDACS for administering the
provisions of the regulation. Therefore, the agency has determined to retain
the regulation in its current form.
Contact Information: Dr. 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, FAX
(804) 371-2380, or email carolynn.bissett@vdacs.virginia.gov.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Agriculture and Consumer Services conducted a small business
impact review of 2VAC5-230, Rules and Regulations Applicable to
Controlled Atmosphere (CA) Apples, and determined that this regulation should
be retained in its current form. The Department of Agriculture and Consumer
Services is publishing its report of findings dated October 17, 2016, to
support this decision in accordance with § 2.2-4007.1 F of the Code of
Virginia.
The regulation has minimal impact on small businesses. The
agency is recommending that the regulation should remain in effect without
change. The regulation promotes the welfare of citizens by making available to
the public better quality fruit throughout the year, and it provides equitable
pricing for fruit producers and sellers. The agency has not received any
comments or complaints regarding the regulation. The regulation does not
duplicate any state or federal laws or regulations. The regulation is not
overly complex. 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 believes the current
version of the regulation is the least burdensome and least intrusive
alternative for the apple industry and affected small businesses.
Contact Information: Dennis Clary, Program Manager,
Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA
23218, telephone (804) 786-1933, FAX (804) 371-7785, or email dennis.clary@vdacs.virginia.gov.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Agriculture and Consumer Services conducted 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 in its current form. The Department of Agriculture and Consumer
Services is publishing its report of findings dated November 15, 2016, to
support this decision in accordance with § 2.2-4007.1 F of the Code of
Virginia.
Because the selling of grain in Virginia is tremendously
important to the state's economy, there is a continued need for this
regulation. The agency has determined that this regulation is effective in
achieving its goals of protecting Virginia farmers against loss when selling
their grain. The agency has not received any complaints or comments concerning
this regulation. The regulation is not unnecessarily complex. The regulation
does not conflict with state or federal law. The agency has determined that no
change occurred in the area affected by the regulation subsequent to the
agency's previous periodic review that would necessitate the amendment or
repeal of this regulation. This regulation is still very important in ensuring
fair and prompt payment for grain transactions between buyer and seller.
Contact Information: Randy Sanford, Grain Law
Supervisor, Department of Agriculture and Consumer Services, P.O. Box 1163,
Richmond, VA 23218, telephone (804) 786-3939, FAX (804) 371-7785, or email randy.sanford@vdacs.virginia.gov.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Agriculture and Consumer Services conducted a small business
impact review of 2VAC5-300, Rules and Regulations for the Enforcement
of the Virginia Seed Potato Standards, and determined that this regulation
should be retained in its current form. The Department of Agriculture and
Consumer Services is publishing its report of findings dated October 17, 2016,
to support this decision in accordance with § 2.2-4007.1 F of the Code of
Virginia.
The regulation has minimal impact on small businesses. The
agency is recommending that the regulation should remain in effect without
change. The regulation assists in ensuring the quality of the seed potatoes
shipped into Virginia and is necessary to support the economic welfare of
potato producers. The agency has not received any comments or complaints
regarding the regulation. The regulation does not duplicate any state or
federal laws or regulations. The regulation is not overly complex. 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 believes the current version of the
regulation is the least burdensome and least intrusive alternative for the
potato industry and affected small businesses.
Contact Information: Dennis Clary, Program Manager,
Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA
23218, telephone (804) 786-1933, FAX (804) 371-7785, or email dennis.clary@vdacs.virginia.gov.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Agriculture and Consumer Services conducted a small business
impact review of 2VAC5-370, Rules and Regulations for Enforcement of
the Virginia Animal Remedies Law, and determined that this regulation
should be retained in its current form. The Department of Agriculture and
Consumer Services is publishing its report of findings dated October 21, 2016,
to support this decision in accordance with § 2.2-4007.1 F of the Code of
Virginia.
The provisions of this regulation establish general
requirements that are consistent with current industry practices and that are
not unnecessarily burdensome. The agency has determined that this regulation
should be retained in order to continue to protect public health, safety, and
welfare. The agency has not received any complaints or comments from the public
concerning this regulation. The agency 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 agency has determined that no change in the animal remedy
industry has occurred subsequent to the agency's previous periodic review of
this regulation that would necessitate the amendment or repeal of this
regulation.
Contact Information: Debra Martin, 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, or email debra.martin@vdacs.virginia.gov.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department
of Agriculture and Consumer Services conducted a small business impact review
of 2VAC5-380, Rules and Regulations for the Enforcement of the
Virginia Dealers in Agricultural Products Law, and determined that this
regulation should be retained in its current form. The Department of
Agriculture and Consumer Services is publishing its report of findings dated
October 21, 2016, to support this decision in accordance with § 2.2-4007.1
F of the Code of Virginia.
The provisions of this regulation establish notice and written
receipt requirements and are not unnecessarily burdensome. The agency has
determined that this regulation should be retained in order to continue to
protect and support the economic welfare of producers of agricultural produce.
The agency has not received any complaints or comments from the public
concerning this regulation. The agency 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.
The federal Perishable Agricultural Commodities Act (7 USC
§ 499a et seq.) (Act) requires any person who buys or sells more than
2,000 pounds of fresh or frozen fruits and vegetables in any given day to be
licensed. Rules and Regulations for the Enforcement of the Virginia Dealers in
Agricultural Products Law (2VAC5-380) does not appear to overlap, duplicate, or
conflict with the requirements of the Act or with any other federal or state
law or regulation. The agency has determined that no change in the affected
industry has occurred subsequent to the agency's previous periodic review of
this regulation that would necessitate the amendment or repeal of this
regulation.
Contact Information: Debra Martin, 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, or email debra.martin@vdacs.virginia.gov.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Agriculture and Consumer Services conducted a small business
impact review of 2VAC5-405, Regulations for the Application of
Fertilizer to Nonagricultural Lands, and determined that this regulation
should be retained in its current form. The Department of Agriculture and
Consumer Services is publishing its report of findings dated October 20, 2016,
to support this decision in accordance with § 2.2-4007.1 F of the Code of
Virginia.
The agency determined these requirements are not unnecessarily
burdensome and provide an important means of ensuring the proper training,
certification, and recordkeeping for licensees and contractor-applicators who
apply fertilizer for commercial purposes to nonagricultural lands. The
regulation also provides a means of enforcing reporting requirements for
certain fertilizer applications and is necessary to minimize the risk of
environmental harm resulting from the improper application of fertilizers to
nonagricultural lands. The agency 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.
Regulations for the Application of Fertilizer to
Nonagricultural Lands (2VAC5-405) does not appear to overlap, duplicate, or
conflict with any federal or state law or regulation. The agency has determined
that no change in the affected industry has occurred since the regulation was
last amended in February 2012 that would necessitate the amendment or repeal of
this regulation.
Contact Information: Debra Martin, 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, or email debra.martin@vdacs.virginia.gov.
Small Business Impact Review - Report
of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the
Department of Agriculture and Consumer Services conducted a small business
impact review of 2VAC5-520, Rules and Regulations Governing Testing
of Milk for Milkfat, Protein, and Lactose Content by Automated Instrument
Methods, and determined that this regulation should be retained in its
current form. The Department of Agriculture and Consumer Services is publishing
its report of findings dated October 18, 2016, to support this decision in
accordance with § 2.2-4007.1 F of the Code of Virginia.
There is a continuing need for this regulation as it provides
for alternative testing methods for determining the composition of milk or
other fluid dairy products that are cost-effective to the industry. The agency
has not received any complaints or comments concerning the regulation from the
public. The regulation is simple and easily understood. The regulation is not
mandated by any federal law or regulation but is authorized by and expands upon
state law. It does not conflict with any federal or state laws or regulations.
No changes to agency or industry practices have occurred that would necessitate
any modifications. The most current testing method technologies are supported
by this regulation. The economic impact of the regulation on small businesses
is favorable in that small laboratory equipment companies can offer for sale
alternative testing equipment that meets regulatory guidelines. In addition,
the regulation is effective in providing alternative, cost-effective testing
methods for determining the composition of milk or other fluid dairy products.
Therefore, the agency has determined that the regulation should be retained in
its current form.
Contact Information: Robert Trimmer, Program Supervisor,
Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA
23218, telephone (804) 786-1452, FAX (804) 371-7792, or email robert.trimmer@vdacs.virginia.gov.
VIRGINIA LOTTERY
Director's Orders
The following Director's Orders of the Virginia Lottery were
filed with the Virginia Registrar of Regulations on December 7, 2016. The
orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond,
Virginia, or at the office of the Registrar of Regulations, 201 North 9th
Street, 2nd Floor, Richmond, Virginia.
Director's Order Number One
Hundred Sixty-Two (16)
Virginia Lottery's "Farm Fresh Season's Winnings
Promotion" Final Rules for Operation (effective December 1, 2016, through
the end promotion date)
Director's Order Number One
Hundred Sixty-Three (16)
Virginia Lottery's Scratch Game 1729 "Diamond Dig"
Final Rules for Game Operation (effective November 18, 2016)
Director's Order Number One
Hundred Sixty-Four (16)
Virginia Lottery's "Farm Fresh Big Money Super Ticket
Promotion" Final Rules for Operation (effective February 1, 2017, through
the end promotion date)
Director's Order Number One
Hundred Sixty-Five (16)
Virginia Lottery's Scratch Game 1670 "Jumbo Bucks"
Final Rules for Game Operation (effective November 18, 2016)
Director's Order Number One
Hundred Sixty-Six (16)
Virginia Lottery's "2017 Super Teacher Awards
Contest" Final Rules for Operation (effective January 2, 2017)
STATE WATER CONTROL BOARD
Proposed Consent Special Order for
Bland Development Corporation
An enforcement action has been proposed for Bland Development
Corporation for violations at Eagle Preserve at Jordan on the James in Prince
George, Virginia. The State Water Control Board proposes to issue a special
order by consent to Bland Development Corporation to address noncompliance with
the State Water Control Law and regulations. A description of the proposed
action is available at the Department of Environmental Quality office named
below or online at www.deq.virginia.gov. Carla Pool will
accept comments by email at carla.pool@deq.virginia.gov, FAX at
(804) 698-4277, or postal mail at Department of Environmental Quality, Central
Office, P.O. Box 1105, Richmond, VA 23218, from December 26, 2016, to January
25, 2017.
Proposed Consent Order for
Harrisonburg Port Road Station Tanks 450, LLC (Port Road)
An enforcement action has been
proposed for Harrisonburg Port Road Station Tanks 450, LLC (Port Road) for
violations at Valley's 21 in Harrisonburg, Virginia. The State Water Control
Board proposes to issue a consent order to Port Road for noncompliance with
State Water Control Law. A description of the proposed action is available at
the Department of Environmental Quality
office named below or online at www.deq.virginia.gov. Tiffany
Severs will accept comments by email at tiffany.severs@deq.virginia.gov, FAX at (540) 574-7878, or
postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA
22801, from December 26, 2016, to January 25, 2017.
Proposed Enforcement Action for Amadas
Industries, Inc.
An enforcement action has been proposed for Amadas Industries,
Inc. (Suffolk) for alleged violations of the State Water Control Law. A
description of the proposed action is available at the Department of
Environmental Quality office named below or online at www.deq.virginia.gov.
Jennifer Coleman, Esq. will accept comments by email at jennifer.coleman@deq.virginia.gov, FAX at (757) 518-2009, or
postal mail at Department of Environmental Quality, Tidewater Regional Office,
5636 Southern Boulevard, Virginia Beach, VA 23462, from December 26, 2016, to
January 27, 2017.
Proposed Enforcement Action for Marple
Run LLC
An enforcement action has been proposed for Marple Run LLC, for
Marple Run Subdivision in Hampton, Virginia, for violations of the State Water
Control Law. A description of the proposed action is available at the
Department of Environmental Quality office named below or online at www.deq.virginia.gov. Russell Deppe will
accept comments by email at russell.deppe@deq.virginia.com, FAX at
(804) 698-4277, or postal mail at Department of Environmental Quality, Central
Office, P.O. Box 1105, Richmond, VA 23218, from December 26, 2016, to January
25, 2017.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia
Code Commission, General Assembly Building, 201 North 9th Street, 2nd
Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; Email:
varegs@dls.virginia.gov.
Meeting Notices: Section 2.2-3707 C of the Code of
Virginia requires state agencies to post meeting notices on their websites and
on the Commonwealth Calendar at http://www.virginia.gov/connect/commonwealth-calendar.
Cumulative Table of Virginia Administrative Code Sections
Adopted, Amended, or Repealed: A table listing regulation sections that
have been amended, added, or repealed in the Virginia Register of
Regulations since the regulations were originally published or last
supplemented in the print version of the Virginia Administrative Code is
available at http://register.dls.virginia.gov/documents/cumultab.pdf.
Filing Material for Publication in the Virginia Register
of Regulations: Agencies use the Regulation Information System (RIS) to
file regulations and related items for publication in the Virginia Register
of Regulations. The Registrar's office works closely with the Department of
Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory
Town Hall. RIS and Town Hall complement and enhance one another by sharing
pertinent regulatory information.
ERRATA
ALCOHOLIC BEVERAGE CONTROL BOARD
Title of Regulation:
3VAC5-70. Other Provisions.
Publication: 33:8 VA.R. 786-788 December 12, 2016.
Correction to Fast-Track Regulation:
Page 788, 3VAC5-70-20, subsection C, end of line 7, after
"7.0%" delete "of" and insert "or"
VA.R. Doc. No. R17-4756; Filed December 15, 2016, 11:47 a.m.
STATE BOARD OF HEALTH
Title of Regulation:
12VAC5-431. Sanitary Regulations for Hotels.
Publication: 17:22 VA.R. 3259-3269 July 16, 2001.
Correction to Proposed Regulation:
Page 3268, 12VAC5-431-390, after "specified in"
delete "12VAC5-430-30" and insert "12VA 5-431-30"
Page 3268, 12VAC5-431-400, subsection A, after "specified
in" delete "12VAC5-430-30" and insert "12VAC5-431-30"
VA.R. Doc. No. R94-256; Filed December 14, 2016, 12:24 p.m.