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Update to Reflect Changes to the Citations for the Definition of ...
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6VAC40-30-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Agency" means any federal, state, or local government law-enforcement organization in the Commonwealth.

"Approval authority" means the Director of the Department of Forensic Science or the director's designee.

"Department" means the Department of Forensic Science.

"Drug" means any controlled substance, or imitation controlled substance, or marijuana, as defined in § 18.2-247 of the Code of Virginia, or "marijuana" as defined in §§ 4.1-600 and 18.2-247 of the Code of Virginia.

"Field test" means any presumptive chemical test or any presumptive mobile instrument used outside of a forensic laboratory environment to detect the presence of a drug.

"List of approved field tests" means a list of field tests approved by the department for use by law-enforcement agencies in the Commonwealth and periodically published by the department in the Virginia Register of Regulations in accordance with § 19.2-188.1 of the Code of Virginia.

"Manufacturer" means any entity that makes or assembles field tests to be used by any law-enforcement officer or agency in the Commonwealth for the purpose of detecting a drug.

"Manufacturers' instructions and claims" means those testing procedures, requirements, instructions, precautions, and proposed conclusions that are published by the manufacturer and supplied with the field tests.

"Street drug preparations" means any drug or combination of drugs and any other substance that has been encountered or is likely to be encountered by a law-enforcement officer as a purported drug in the Commonwealth.

6VAC40-30-20 Authority for approval

Section 19.2-188.1 of the Code of Virginia provides that the Department of Forensic Science shall approve field tests for use by law-enforcement officers to enable them to testify to the results obtained in any preliminary hearing regarding whether any substance, the identify of which is at issue in such hearing, is a controlled substance, or imitation controlled substance, or marijuana, as defined in § 18.2-247 of the Code of Virginia, or "marijuana" as defined in §§ 4.1-600 and 18.2-247 of the Code of Virginia.