Part I
Definitions

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 designee.

"Department" means the Department of Forensic Science.

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

"Field test" means any presumptive chemical test unit used outside of a chemical laboratory environment to detect the presence of a drug.

"Field test kit" means a combination of individual field tests units.

"List of approved field tests" means a list of field tests or field test kits 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 A of the Code of Virginia.

"Manufacturer" means any entity which that makes or assembles field test units or field test kits 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 which that are published by the manufacturer and supplied with the field tests or field test kits.

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

Part II
Process for Approval of Field Tests

6VAC40-30-20. Authority for approval.

Section 19.2-188.1 A 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, imitation controlled substance, or marijuana, as defined in § 18.2-247 of the Code of Virginia.

6VAC40-30-30. Request for approval evaluation.

A. Any manufacturer who that wishes to have submit field tests or field test kits approved for evaluation shall submit a written request for approval evaluation to the department director at the following address:

B. Materials sufficient for at least 10 field tests shall be supplied for each drug for which the manufacturer requests approval evaluation. The materials shall include all instructions, precautions, color charts, flow charts and the like which are provided with the field test or field test kit and which describe the use and interpretation of the tests.

C. The manufacturer shall also include exact specifications as to the chemical composition of all chemicals or reagents used in the field tests. These shall include the volume or weight of the chemicals and the nature of their packaging. Material Safety Data Sheets for each chemical or reagent shall be sufficient for this purpose.

D. This approval The department's evaluation process will require at least 120 days from the receipt of the written request and all needed materials from the manufacturer.

E. The department will use commonly encountered "street drug preparations"  to examine those field tests submitted for approval evaluation. In order to be approved, the field test must correctly react in a clearly observable fashion to the naked eye, and perform in accordance with manufacturers' instructions and claims.

6VAC40-30-40. Notice of approval decision.

The department will notify each manufacturer in writing of the approval or disapproval of each test for which approval evaluation was requested. Should any test not be approved, the manufacturer may resubmit their request for approval evaluation of that field test according to the previously outlined procedures at any time. Resubmitted requests for approval shall be accompanied by a detailed explanation of all modifications or changes to the test, the test instructions, or the manufacturer's claims since the department's most recent evaluation of the test.

6VAC40-30-50. Maintenance of approved status.

The department may require that this approval evaluation be done as often as annually for routine purposes. If any modifications are made to an approved field test by the manufacturer, the department shall be notified in writing of the changes. If unreported modifications are discovered by the department, the department may require that all testing and approval evaluations be repeated for the particular manufacturers' manufacturer's approved field tests at any time. The department shall notify the manufacturer in writing of this requirement. Any modified field test must be approved before it can be used in accordance with § 19.2-188.1 A of the Code of Virginia. These changes shall include, but are not limited to any chemical, procedural or instructional modifications made to the field test.

6VAC40-30-60. Publication.

Upon completion of such testing evaluations and in concurrence with the approval authority, the department will periodically publish a list of approved field tests in the General Notices section of the Virginia Register of Regulations. The department will also periodically publish the list on its website. The department may, in addition, provide copies of its approval list to any agency subject to this chapter. The department may share any information or data developed from this testing with these agencies.

6VAC40-30-70. Liability.

A. The department assumes no liability as to the safety of these field tests or field test kits, any chemicals contained therein or the procedures and instructions by which they are used.

B. The department further assumes no responsibility for any incorrect results or interpretations obtained from these inherently tentative presumptive chemical tests.

Part III
Fees

6VAC40-30-80. Fees.

Manufacturers shall pay the actual cost of the street drug preparation and will be charged a fee of $50 for each drug or type of drug for which individual approval evaluation is requested. The department will evaluate review the manufacturers' manufacturer's request and notify them the manufacturer in writing of the amount due before testing the evaluation begins. Manufacturers who wish to withdraw a request for approval evaluation shall immediately notify the department in writing. The department's assessment of the amount of payment required will be based upon a detailed evaluation review of the manufacturer's request and that amount will be final. Approval will not be granted The evaluation process will not be initiated before full payment is made to the Treasurer of Virginia.