12/8/2017 2:38 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
|
Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: | Department of Agriculture and Consumer Services |
Regulatory Coordinator: | Erin Williams (804)786-7157 erin.williams@vdacs.virginia.gov |
Agency Contact: | Debra Martin Program Manager, Office of Plant Industry Services (804)786-3515 debra.martin@vdacs.virginia.gov |
Contact Address: | Department of Agriculture and Consumer Services P.O. Box 1163 Richmond, VA 23218 |
Chapter Affected: | |
2 vac 5 - 319: | Best Management Practices for the Operation of Apiaries in Order to Limit Operator Liability |
Statutory Authority: |
State: Section 3.2-4411.1 of the Code of Virginia Federal: |
Date Petition Received | 07/24/2017 |
Petitioner | C.B. Ecker |
Petitioner requests amendments to 2 VAC 5-319 et seq., Best Management Practices for
the Operation of Apiaries in Order to Limit Operator Liability, to (i) provide a mechanism
to offer public comment regarding the regulation via a regional apiary inspector;
(ii) establish provisions for short-term waivers, long-term waivers, and permanent
exemptions from the best management practices included in the regulation; and (iii)
authorize the Virginia State Beekeepers Association's website as an official communication
outlet for the Virginia Department of Agriculture and Consumer Services (VDACS) and
direct VDACS to establish or reinitiate official communication with certain entities
to communicate honey beekeeping policy to best inform apiarists without broadband
service.
Agency Plan
The Board of Agriculture and Consumer Services will consider this request at its next
scheduled meeting following the public comment period. This meeting will occur on
December 7, 2017.
Publication Date | 08/21/2017 (comment period will also begin on this date) |
Comment End Date | 09/10/2017 |
Take no action
Agency Response Date | 12/08/2017 |
The Board of Agriculture and Consumer Services (Board) voted to take no action on
the petitioner's request for rulemaking for the following reasons:
The petitioner requests amendments to 2 VAC 5-319 et seq., Best Management Practices
for the Operation of Apiaries in Order to Limit Operator Liability, to (i) provide
a mechanism to offer public comment regarding the regulation via a regional apiary
inspector; (ii) establish provisions for short-term waivers, long-term waivers, and
permanent exemptions from the best management practices included in the regulation;
and (iii) authorize the Virginia State Beekeepers Association's website as an official
communication outlet for the Virginia Department of Agriculture and Consumer Services
(VDACS) and direct VDACS to establish or reinitiate official communication with certain
entities to communicate honey beekeeping policy to best inform apiarists without broadband
service.
Best Management Practices for the Operation of Apiaries in Order to Limit Operator
Liability, 2 VAC 5-319 et seq., was established pursuant to Section 3.2-4411.1 of
Virginia's Beekeeping Law. This section provides that an individual operating an apiary
in a responsible manner, in compliance with local zoning restrictions, and in conformance
with the agency's best management practices regulation shall not be liable for any
personal injury or property damage that occurs in connection with his keeping of bees.
Section 3.2-4411.1 further provides that the initial regulations shall be exempt from
the requirements of Article 2 of the Virginia Administrative Process Act provided
such regulations are adopted no later than November 1, 2016; however, the Board shall
publish proposed regulations in the Virginia Register of Regulations and allow at
least 30 days for public comment.
Virginia's Beekeeping Law does not provide authority to the Board to establish methods
for a person to request amendments to the regulation. In addition, Section 2.2-4007
of the Virginia Administrative Process Act establishes a formal process by which a
person can request changes to a regulation.
Virginia's Beekeeping Law does not provide authority to the Board to amend the regulation
to allow for waivers or exemptions to provisions established in Best Management Practices
for the Operation of Apiaries in Order to Limit Operator Liability, 2 VAC 5-319 et
seq. The best management practices in the regulation are those that reduce risks associated
with keeping honey bees. Amending the regulation to allow for waivers or exemptions
to a voluntary best management practice could provide liability protection for those
operations that should not be afforded the limited liability.
Section 3.2-109 of the Code of Virginia establishes the Board. However, neither Section
3.2-4411.1 nor Section 3.2-109 of the Code of Virginia gives the Board authority to
establish methods for the communication of information related to beekeeping from
VDACS to beekeepers.