3.2-6002 - Contagious and infectious diseases; prevention and eradication; presence of biological residues.
§ 3.2-6002. Contagious and infectious diseases; prevention and eradication;presence of biological residues.
A. The State Veterinarian shall take such measures as may be necessary toprevent the spread of and eradicate contagious and infectious livestock andpoultry diseases. The Board may adopt regulations as may be necessary toeffectuate the purposes of this article. The Board and the Commissioner arealso authorized to make the regulations adopted under this article conform,insofar as practicable, to those regulations adopted under federal statutesgoverning animal health.
B. The Commissioner may adopt by reference any federal regulation adoptedpursuant to any federal statute relating to animal health, amending it asnecessary for intrastate applicability. Any regulation adopted by theCommissioner pursuant to this subsection shall be effective upon filing withthe Registrar of Regulations, who shall publish the regulation as a finalregulation in the Virginia Register of Regulations, or upon a date specifiedby the Department that is after the filing.
The regulation shall contain a preamble stating that the Board will receive,consider and respond to a petition by any interested person at any time withrespect to reconsideration or revision of such regulation. Neither therequirements of the Administrative Process Act (§ 2.2-4000 et seq.) norpublic participation guidelines adopted pursuant thereto shall apply to theadoption of any regulation by the Commissioner pursuant to this subsection.
C. The Board, after giving notice in the Virginia Register of Regulations,may reconsider and revise the regulation adopted by the Commissioner. If,upon reconsideration, the Board determines that the regulation should berevised other than as authorized by subsection B, the Board may amend theregulation only as authorized by the Administrative Process Act.
D. The Commissioner and the Board may use the powers granted by this articleto abate the presence of biological residues in or on livestock or poultry.Biological residues shall mean those substances remaining in or on any animalprior to or at the time of slaughter as the result of treatment or exposurethat are determined by the Commissioner and the Board to be or to have thepotential for being injurious to the health of humans or animals.
(Code 1950, § 3-568; 1966, c. 702, § 3.1-726; 1977, c. 299; 1981, c. 130;1991, c. 294; 2008, c. 860.)