4/9/2015 10:28 am
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
Agency Decision
Promulgating Board: Department of Agriculture and Consumer Services
Regulatory Coordinator: Erin Williams


Agency Contact: Dr. Carolynn Bissett

Program Mgr Animal Care and Emerg Response


Contact Address: Department of Agriculture and Consumer Services

P. O. Box 1163

Richmond, VA 23218
Chapter Affected:
vac 5 - 110: Rules and Regulations Pertaining to a Pound or Enclosure to be Maintained By Each County or City
Statutory Authority: State: Section 3.2-6546 of the Code of Virginia

Date Petition Received 01/23/2015
Petitioner No Kill Advocacy Center
 Petitioner's Request
The petitioner is requesting that the Board of Agriculture and Consumer Services (Board) amend the regulation to require that public and private animal shelters keep certain records for five years and make those records available for inspection by the Board and the public.  The petitioner requests that the regulation be amended to require that public and private animal shelters record "when and how each animal was taken in (stray, owner surrendered, taken in at the shelter, picked up in the field, etc.), why the animal was taken in (e.g., the owner did not want) and include a signed surrender form for anyone turning in an animal, the condition of each animal on intake, whether the animal had indicia of ownership and what attempts were made to reunite the animal with the owner, the kinds of care and treatment each animal received, including veterinary treatment, the disposition of each animal, and if the animal was killed, when and why the animal was killed."
 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 March 19, 2015.
Publication Date 02/23/2015  (comment period will also begin on this date)
Comment End Date 03/16/2015
 Agency Decision
Take no action
Agency Response Date 04/09/2015
 Agency Decision Text
After considering the analysis and recommendation of the Virginia Department of Agriculture and Consumer Services staff; the nature of the comments received during the public comment period; and the comments offered by representatives of the Virginia Animal Control Association, the Virginia Alliance for Animal Shelters, and the Danville Area Humane Society during the Board meeting, the Board voted to deny the petition.  The Board denied the petitioner's request for rulemaking because the majority of the recordkeeping requirements requested in the petition are already required by the Code of Virginia or the Virginia Administrative Code.  Specifically, Va Code ยงยง 3.2-6503, 3.2-6546, 3.2-6548, 3.2-6557, and 54.1-3423 as well as 18 VAC 110-20 include provisions requiring certain recordkeeping by public and private animal shelters.