4/9/2015 10:28 am Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
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Agency Decision
Promulgating Board: | Department of Agriculture and Consumer Services |
Regulatory Coordinator: | Erin Williams (804)786-7157 erin.williams@vdacs.virginia.gov |
Agency Contact: | Dr. Carolynn Bissett Program Mgr Animal Care and Emerg Response (804)786-2483 carolynn.bissett@vdacs.virginia.gov |
Contact Address: | Department of Agriculture and Consumer Services P. O. Box 1163 Richmond, VA 23218 |
Chapter Affected: | |
2 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 Federal: |
Date Petition Received | 01/23/2015 |
Petitioner | No Kill Advocacy Center |
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 |
Take no action
Agency Response Date | 04/09/2015 |
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.