TITLE 2. AGRICULTURE

SEED POTATO BOARD

Final Regulation

REGISTRAR’S NOTICE: The Seed Potato Board is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Seed Potato Board will receive, consider and respond to petitions from any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 2VAC5-300. Rules and Regulations for the Enforcement of the Virginia Seed Potato Inspection Law (amending 2VAC5-300-50).

Statutory Authority: §§ 3.2-4104 and 3.2-4105 of the Code of Virginia.

Effective Date: March 4, 2009.

Agency Contact: Thomas H. Smith, Agriculture and Consumer Services Supervisor, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3548, FAX (804) 371-7785, TTY (800) 828-1120, or email thomas.smith@vdacs.virginia.gov.

Summary:

The amendments update citations to reflect the recodification of Title 3.1 to Title 3.2 of the Code of Virginia, which became effective October 1, 2008.

2VAC5-300-50. Certificate of inspection.

A certificate of inspection shall be issued by the Commissioner of Agriculture and Consumer Services or his duly authorized agents at the time of inspection if all requirements of the Virginia Seed Potato Inspection Law and its rules and regulations have been met. Seed Irish Potatoes which that fail to comply shall be placed under "stop sale" order and the chairman of the State Seed Potato Board shall be promptly notified of this action. Any lot of seed potatoes placed under "stop sale" order shall be held until an official release is issued by the commissioner or his authorized agents in accordance with § 3.1-292 3.2-4107 of the Virginia Seed Potato Inspection Law. The commissioner or his authorized agents shall verify the removal of certification tags from all bags on lots released for nonpropagational purposes.

VA.R. Doc. No. R09-1701; Filed January 13, 2009, 11:22 a.m.