reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 70 - LABELING AND PACKAGING › Section 3VAC10-70-20 - Labeling of batch of cannabis products

Current through Register Vol. 40, No. 24, July 15, 2024
A. Cannabis products produced as a batch
				shall not be adulterated.
B.
				Cannabis products produced as a batch shall be:
1. Processed, packaged, and labeled according
				to the U.S. Food and Drug Administration's Current Good Manufacturing Practice
				in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary
				Supplements ( 21 CFR Part 111 ); and
2. Labeled with:
a. The name and address of the pharmaceutical
				processor;
b. The cannabis product
				name that was registered with the board pursuant to
				18VAC110-20-285;
c. A unique serial number that matches the
				product with the pharmaceutical processor batch and lot number, including the
				cultivator and manufacturer if produced from bulk cannabis oil, botanical
				cannabis, or usable cannabis obtained through distribution from another
				pharmaceutical processor, so as to facilitate any warnings or recalls the board
				or pharmaceutical processor deem appropriate;
d. The date of testing and
				packaging;
e. For products produced
				from bulk cannabis oil, botanical cannabis, or usable cannabis obtained through
				distribution from another pharmaceutical processor, the name and address of the
				testing laboratory;
f. The
				expiration date, which shall be six months or less from the date of the
				cannabis product registration approval, unless supported by stability
				testing;
g. The quantity of
				cannabis products contained in the batch;
h. A terpenes profile and a list of all
				active ingredients, including:
(1)
				Tetrahydrocannabinol (THC);
(2)
				Tetrahydrocannabinol acid (THC-A);
(3) Cannabidiol (CBD); and
(4) Cannabidiolic acid (CBDA);
i. For botanical cannabis
				products, list of only total cannabidiol (CBD) and total tetrahydrocannabinol
				(THC);
j. For cannabis oil
				products, pass or fail rating based on the laboratory's microbiological,
				mycotoxins, heavy metals, residual solvents, and pesticide chemical residue
				analysis; and
k. For botanical
				cannabis products, a pass or fail rating based on the laboratory's
				microbiological, mycotoxins, heavy metals, pesticide chemical residue analysis,
				water activity, and moisture content.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 70 - LABELING AND PACKAGING › Section 3VAC10-70-30 - Labeling of bulk cannabis oil, botanical cannabis, and usable cannabis

Current through Register Vol. 40, No. 24, July 15, 2024
A. Bulk cannabis
				oil, botanical cannabis, and usable cannabis shall not be
				adulterated.
B. Bulk cannabis oil,
				botanical cannabis, and usable cannabis produced for wholesale distribution
				shall be:
1. Processed, packaged, and labeled
				according to the U.S. Food and Drug Administration's Current Good Manufacturing
				Practice in Manufacturing, Packaging, Labeling, or Holding Operations for
				Dietary Supplements ( 21 CFR Part 111 ), except as exempted in this
				section;
2. Packaged in a
				tamper-evident container; and
3.
				Labeled with:
a. The name and addresses of
				the pharmaceutical processor distributing the product and the pharmaceutical
				processor receiving the product;
b.
				The quantity or weight of the cannabis oil, botanical cannabis, or usable
				cannabis in the container;
c.
				Identification of the contents of the container, including a brief description
				of the type or form of cannabis oil, botanical cannabis, or usable cannabis and
				the strain name, as appropriate;
d.
				The prominent statement "Not Packaged for Final Sale";
e. A unique serial number that will match a
				cannabis product with the cultivator and manufacturer and lot or batch number
				so as to facilitate any warnings or recalls the board or pharmaceutical
				processor deem appropriate; and
f.
				The dates of harvest and packaging.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 80 - ENFORCEMENT › Section 3VAC10-80-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to words and terms defined in §
									4.1-600 of the Code of Virginia,
				  the following words and terms when used in this chapter shall have the
				  following meanings, unless the context clearly indicates otherwise:
"Board" means the Board of Directors of the Cannabis Control
				  Authority.
"Certification" means a written statement, consistent with
				  requirements of §
									4.1-1601 of the Code of Virginia,
				  issued by a practitioner for the use of cannabis products for treatment of or
				  to alleviate the symptoms of any diagnosed condition or disease determined by
				  the practitioner to benefit from such use.
"Medical cannabis facility" means a pharmaceutical processor,
				  cannabis dispensing facility, or cannabis cultivation facility.
"Qualifying patient" means a Virginia resident who has
				  received from a practitioner, as defined in §
									4.1-1600 of the Code of Virginia,
				  a written certification for the use of cannabis products for treatment of or to
				  alleviate the symptoms of any diagnosed condition or disease.
"Registration" means an identification card or other document
				  issued by the board that identifies a person as a qualifying patient, parent,
				  legal guardian, or registered agent that has voluntarily registered with the
				  board.
Statutory Authority: §§
											4.1-601,
					 4.1-604, and
					 4.1-606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 80 - ENFORCEMENT › Section 3VAC10-80-20 - Grounds for action against a medical cannabis facility

Current through Register Vol. 40, No. 24, July 15, 2024
The board may suspend, revoke, or refuse to grant or renew a
				  permit issued; place such permit on probation; place conditions on such permit;
				  or take other actions permitted by statute or regulation on the following
				  grounds:
1. Any criminal conviction
				under federal or state statutes or regulations or local ordinances, unless the
				conviction was based on a federal statute or regulation related to the
				possession, purchase, or sale of cannabis products that is authorized under
				state law and regulations;
2. Any
				civil action under any federal or state statute or regulation or local
				ordinance (i) relating to the applicant's, licensee's, permit holder's, or
				registrant's profession or (ii) involving drugs, medical devices, or fraudulent
				practices, including fraudulent billing practices;
3. Failure to maintain effective controls
				against diversion, theft, or loss of cannabis, cannabis products, or other
				controlled substances;
4.
				Intentionally or through negligence obscuring, damaging, or defacing a permit
				or registration card;
5. Permitting
				another person to use the permit of a permit holder, the written certification
				of a qualifying patient, parent, or legal guardian, the registration of a
				qualifying patient, parent, legal guardian, or registered agent that has
				voluntarily registered with the board;
6. Failure to cooperate or give information
				to the board on any matter arising out of conduct at a medical cannabis
				facility;
7. Discontinuance of
				business for more than 60 days, unless the board approves an extension of such
				period for good cause shown upon a written request from a medical cannabis
				facility.
a. Good cause includes exigent
				circumstances that necessitate the closing of the facility; or
b. Good cause shall not include a voluntary
				closing of the medical cannabis facility;
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 3 - BOARD OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 4VAC3-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Board of Conservation and Recreation. This chapter does not apply to
					 regulations, guidelines, or other documents exempted or excluded from the
					 provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the
					 Code of Virginia).
Statutory Authority
§§ 2.2-4007.02 and 10.1-107 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 3 - BOARD OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 4VAC3-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 10.1-107 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 3 - BOARD OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 4VAC3-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons
				  electing to receive electronic notification or notification through a postal
				  carrier as described in
				  4VAC3-11-30, the agency shall send
				  the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 3 - BOARD OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC3-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to submit data, views, and arguments,
				  either orally or in writing, to the agency. Such opportunity to comment shall
				  include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 3 - BOARD OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC3-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 3 - BOARD OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC3-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 3 - BOARD OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC3-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 3 - BOARD OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC3-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 10.1-107 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 3 - BOARD OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC3-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 3 - BOARD OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC3-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 4VAC5-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Department of Conservation and Recreation. This chapter does not apply to
					 regulations, guidelines, or other documents exempted or excluded from the
					 provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the
					 Code of Virginia).
Statutory Authority
§§ 2.2-4007.02 and 10.1-104 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 4VAC5-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 10.1-104 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 4VAC5-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons
				  electing to receive electronic notification or notification through a postal
				  carrier as described in
				  4VAC5-11-30, the agency shall send
				  the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC5-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to submit data, views, and arguments,
				  either orally or in writing, to the agency. Such opportunity to comment shall
				  include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC5-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC5-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC5-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC5-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 10.1-104 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC5-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 4VAC5-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 15 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS › Section 4VAC5-15-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				governs the department's voluntary Nutrient Management Training and
				Certification Program for individuals who prepare nutrient management
				plans.
B. A nutrient management
				plan is prepared to indicate how primary nutrients are to be managed on farm
				fields and other land for crop production and in ways which protect groundwater
				and surface water from excessive nutrient enrichment. Plans contain operating
				procedures based on expected crop yield, existing nutrient levels in the soil,
				organic residuals, optimum timing and placement of nutrients, environmental
				resource protection, and agronomic practices such as liming, tillage, and crop
				rotation. The department shall certify the competence of individuals to prepare
				these plans and provide criteria relating to the development of nutrient
				management plans.
Statutory Authority
§ 10.1-104.2 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 15 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS › Section 4VAC5-15-30 - Certificates of competence

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				chapter applies to any individual seeking a certificate of competence as
				described in § 10.1-104.2 of the Code of Virginia.
B. Certificates of competence shall be issued
				by the department to certified nutrient management planners. The department may
				issue distinct classifications of certification based on areas of specialty,
				including agriculture and urban agronomic practices.
Statutory Authority
§ 10.1-104.2 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 15 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS › Section 4VAC5-15-40 - Eligibility requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Certification may be obtained by satisfying all of the following requirements
				for certification:
1. Satisfactorily
				completing and submitting to the department an application in the form required
				by the department, including a statement of any felony convictions. Such
				application shall be submitted to the department at least 30 days before the
				approved examination date set by the department. The application shall request
				information relating to the person's education, work experience, knowledge of
				nutrient management, and willingness to abide by the requirements of these
				regulations;
2. Supplying proof of
				meeting one of the following:
a. A copy of a
				college transcript indicating completion of a college degree with a major in an
				agriculturally related area with coursework in the area of nutrient management
				such as soils, soil fertility, and plant science, and one year of practical
				experience related to nutrient management planning or implementation of
				nutrient management concepts and principles acceptable to the department,
				or
b. A combination of education to
				include nutrient management related educational courses or training and a
				minimum of three years of practical experience related to nutrient management
				planning or implementation of nutrient management concepts and principles
				acceptable to the department;
3. Obtaining a passing score on each of the
				parts of the nutrient management certification examination administered by the
				department; and
4. Submitting a
				$100 certification fee by check or money order to the department.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 15 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS › Section 4VAC5-15-50 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Fees shall be
				collected for certification and recertification to defray the administrative
				cost for the certification program.
B. A fee may be charged to supply training
				materials and present education and training programs, including continuing
				education, which support the certification program.
C. Fees are nonrefundable and shall not be
				prorated.
D. The certification fee
				of $100 for the initial certification period shall be due with the application
				for certification. If the applicant is unsuccessful in achieving a passing
				score on the examination, the applicant may retake the examination at the next
				scheduled time. Applicants may retake the examination one time with no
				additional charge by resubmitting the application for certification.
E. All fees collected by the department shall
				be deposited in the state treasury Nutrient Management Training and
				Certification Fund and shall be used exclusively for the operation of the
				Nutrient Management Training and Certification Program.
Statutory Authority
§ 10.1-104.2 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 15 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS › Section 4VAC5-15-70 - Training

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				shall provide a training session on the mechanics of nutrient management plan
				development prior to scheduled examinations.
B. The department may provide a training
				course on concepts supporting and relating to nutrient management which may
				include: basic soil science; soil fertility; environmental management;
				fertilizer, manure, and biosolids management; and other relevant
				topics.
Statutory Authority
§ 10.1-104.2 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 15 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS › Section 4VAC5-15-80 - Certificate renewal

Current through Register Vol. 40, No. 24, July 15, 2024
The department will not renew a certificate if a proceeding
				  to deny certification under
				  4VAC5-15-110 has begun, or if the
				  department has found that the applicant violated any requirements of this
				  chapter. A certificate is issued for two years and may be renewed on or before
				  the expiration of a certificate by complying with all of the following
				  requirements:
1. Submittal of a
				renewal application on the form the department requires;
2. Payment of a $100 renewal fee to the
				department;
3. Submittal of proof
				of satisfactory completion of at least four hours of continuing education
				pre-approved by the department within the past two years. Requests for
				pre-approval of continuing education courses must be received at least 60 days
				prior to the expected course date or dates and must include a detailed syllabus
				indicating time to be spent on each topic area covered. Continuing education
				hours must be in subject matter consistent with
				4VAC5-15-60 C. Department personnel
				may attend continuing education sessions to verify that the requirements are
				met. Proof of attendance must be verified by the course provider. The
				department may accept continuing education units obtained in Delaware, Maryland
				and Pennsylvania if such continuing education units are specifically for the
				purpose of recertification in the state nutrient management certification
				program; and
4. Completion of at
				least one nutrient management plan or completion of four hours of continuing
				education pre-approved by the department within the past two years in addition
				to the requirements of subdivision 3 of this section.
Persons certified prior to January 11, 2006, shall attend a
				  department approved training course in phosphorus nutrient management planning
				  methods and assessment techniques prior to certificate renewal. The training
				  course hours may be applied toward other continuing education requirements of
				  this subsection.
Statutory Authority
§ 10.1-104.2 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 15 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS › Section 4VAC5-15-90 - Expiration of a certificate

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				certificate shall be deemed expired the day after the expiration date on the
				certificate if any of the requirements of
				4VAC5-15-80 are not met.
B. Following the expiration of a certificate,
				reinstatement may be accomplished only by reapplication and compliance with all
				requirements of
				4VAC5-15-40 A including the
				examination requirements.
Statutory Authority
§ 10.1-104.2 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 15 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS › Section 4VAC5-15-100 - Recordkeeping and reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Certified nutrient management planner
				reporting requirements. A person who holds a certificate under these
				regulations shall keep records and file with the department by September 30 of
				each year an annual activity report on a form supplied by the department
				covering the previous year (July 1 through June 30). The annual activity report
				shall contain the following information:
1.
				Name and certificate number of the certified nutrient management
				planner;
2. Any change of mailing
				address during the previous year;
3. Number of nutrient management plans
				completed;
4. Acreage covered by
				plans and planned acreage by county and state watershed codes specified by plan
				categories of new or revised;
5.
				Breakdown of planned acreage by cropland, hay, pasture, and specialty crops by
				county and watershed code specified by plan categories of new or revised;
				and
6. Other information indicating
				number of practices facilitated by the planner such as manure testing and use
				of the PSNT.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 15 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS › Section 4VAC5-15-110 - Compliance with regulations and disciplinary action

Current through Register Vol. 40, No. 24, July 15, 2024
If the department finds that a certified person or an
				  applicant for certification violated any requirements of this chapter,
				  including the circumstances listed below, the department may deny, suspend or
				  revoke certification, following the informal fact-finding procedures of the
				  Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of
				  Virginia).
1. Providing misleading,
				false, or fraudulent information in applying for a certificate;
2. Providing the department with any
				misleading, false, or fraudulent report;
3. Offering or preparing a nutrient
				management plan claimed to be prepared by a person certified as a nutrient
				management planner in Virginia as provided by these regulations without a
				certificate;
4. Offering,
				preparing, modifying, or revising a nutrient management plan that does not
				comply with the requirements of these regulations;
5. Failing to promptly provide any report or
				to allow the department access to inspect any records required to be kept by
				these regulations;
6. Failing to
				provide the department with a copy of a nutrient management plan within two
				weeks following the modification of any plan required by regulations
				promulgated under § 32.1-164.5 of the Code of Virginia for sewage sludge,
				§ 62.1-44.17:1 of the Code of Virginia for animal waste, or §
				62.1-44.17:1.1 of the Code of Virginia for poultry waste; or
7. Conviction of a felony related in any way
				to the responsibilities of a certified nutrient management planner.
Statutory Authority
§ 10.1-104.2 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 15 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS › Section 4VAC5-15-120 - Advisory committee

Current through Register Vol. 40, No. 24, July 15, 2024
The department may establish a nutrient management training
				  and certification advisory committee. Advisors shall serve for a term of two
				  years. Members shall be from the agricultural community, academia, industry,
				  the environmental community, and appropriate government
				  units.
Statutory Authority
§ 10.1-104.2 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 15 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS › Section 4VAC5-15-140 - Nutrient management plan content

Current through Register Vol. 40, No. 24, July 15, 2024
A. A certified nutrient management planner
				shall prepare nutrient management plans which contain the information in
				subsections B through G of this section. For nutrient management plans covering
				nonagricultural, specialty land uses, for example residential lawns, office
				parks, and golf courses, the department may specify additional plan elements
				which are critical to the management of nutrients for a particular activity,
				and may eliminate requirements not pertinent to nonagricultural land
				uses.
B. Plan identification. Each
				plan shall be identified by a single cover sheet indicating:
1. Farmer/operator name and
				address;
2. Name, certificate
				number, and signature of the certified nutrient management planner that
				prepared the plan;
3. County and
				watershed code of land under the nutrient management plan;
4. Total acreage under the plan with double
				cropped acreage accounted for only once;
5. Acreage of cropland, hay, pasture, and
				specialty crops included in the plan for the first year of the plan;
6. Date the plan was prepared or revised;
				and
7. Type and approximate number
				of livestock, if applicable.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 15 - NUTRIENT MANAGEMENT TRAINING AND CERTIFICATION REGULATIONS › Section - DOCUMENTS INCORPORATED BY REFERENCE (4VAC5-15)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia
				  Nutrient Management Standards and Criteria, revised July 2014, Department of
				  Conservation and Recreation, Division of Nonpoint Pollution
				  Prevention
Virginia Commercial Vegetable Production Recommendations for
				  2005, Virginia Cooperative Extension Service, Publication No. 456-420
Electronic Field Office Technical Guide, Natural Resources
				  Conservation Service, United States Department of Agriculture
Methods of Soil Analysis, Part 3, Chemical Methods, 1996,
				  Soil Science Society of America/American Society of Agronomy
Recommended Methods of Manure Analysis, publication A3769,
				  University of Wisconsin, 2003
Tucker, M.R. 1992. Determination of phosphorus by Mehlich 3
				  extraction. pg. 6-8. In S.J. Donohue (Ed.) Reference Soil and Media Diagnostic
				  Procedures for the Southern Region of the United States. Southern Cooperative
				  Series Bulletin No. 374
Virginia Phosphorus Index Version 2.0 Technical Guide,
				  Revised October 2005, Virginia Tech
Statutory Authority: § 10.1-104.2:1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 20 - STANDARDS FOR CLASSIFICATION OF REAL ESTATE AS DEVOTED TO OPEN SPACE USE UNDER THE VIRGINIA LAND USE ASSESSMENT LAW › Section 4VAC5-20-10 - General standards

Current through Register Vol. 40, No. 24, July 15, 2024
To qualify as an open-space use, real estate must meet the
				  requirements of both this section and the specific standards contained in
				  4VAC5-30-20 of this chapter. The
				  general standards are as follows:
A.
				Consistency with land use plan.
1. The
				open-space use of the property must be consistent with the land use plan of the
				county, city, or town which has been made and adopted officially in accordance
				with Article 4, Chapter 11, Title 15.1 of the Code of Virginia.
2. A land use consistent with the land use
				plan means a use that is consistent with areas or land use zones depicted on a
				map that is part of the land use plan, or that directly supports or is
				generally consistent with stated land uses, natural resources conservation or
				historic preservation objectives, goals or standards of the land use
				plan.
3. A property that is subject
				to a recorded perpetual conservation, historic or open-space easement held by
				any public body, or is part of an agricultural, a forestal or an agricultural
				and forestal district approved by local government, shall be considered to be
				consistent with the land use plan.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 5 - DEPARTMENT OF CONSERVATION AND RECREATION › Chapter 20 - STANDARDS FOR CLASSIFICATION OF REAL ESTATE AS DEVOTED TO OPEN SPACE USE UNDER THE VIRGINIA LAND USE ASSESSMENT LAW › Section 4VAC5-20-20 - Specific standards

Current through Register Vol. 40, No. 24, July 15, 2024
The specific standards for determining whether real estate
				  will qualify for special assessment based on open-space use are as follows. The
				  term "land" includes water, submerged land, wetlands, marshes, and similar
				  properties.
A. Park or recreation
				uses. Lands that are provided or preserved for:
1. Any public, semi-public or privately-owned
				park, playground or similar recreational area, for public or community use,
				except any use operated with intent for profit.
Examples: Parks, play areas, athletic fields, botanical
				  gardens, fishing or skating ponds; golf clubs, country clubs, swimming clubs,
				  beach clubs, yacht clubs, scout camps; fairgrounds.
2. Golf courses operated for profit as a
				public service and having the park-like characteristics normally associated
				with a country club.
3. Buildings
				shall not cover more than 10% of the site.
4. Commercial recreational or amusement
				places, such as driving ranges, miniature golf courses, pony rides, trap
				shoots, marinas, motor speedways, drag strips, amusement parks and the like,
				shall not qualify.