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2000 SESSION

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CHAPTER 730 An Act to amend and reenact §§ 3.1-188.21 and 3.1-188.27 of the Code of Virginia, relating to the Virginia Pest Law. [S 534] Approved April 8, 2000

Be it enacted by the General Assembly of Virginia:

1. That §§ 3.1-188.21 and 3.1-188.27 of the Code of Virginia are amended and reenacted as follows:

§ 3.1-188.21. Administration; rules and regulations.

A. It shall be the duty of the Commissioner to protect the agricultural, horticultural, and other interests of the Commonwealth from plant pests and, either in person or by his assistants, supervise and direct the execution of this article and rules and regulations adopted pursuant hereto. The Commissioner shall have the responsibility for administration of the provisions of this article. The Commissioner is authorized to assign functions provided for in this article to any unit of the Department of Agriculture and Consumer Services and to delegate any authority provided for in this article to any officer thereof, or any other person, to be exercised under the general supervision of the Commissioner.

B. The Board shall promulgate such rules and regulations as are necessary for the efficient execution of the provisions of this article.

C. It shall be the duty of the Commissioner to appoint a competent person as State Entomologist and Plant Pathologist, and such assistants as may be necessary, who shall advise and assist the Commissioner in carrying out the provisions of this article.

§ 3.1-188.27. Cooperation with agencies of federal and state governments and public and private organizations.

A. The Commissioner is authorized to cooperate with any agency of the federal government in such operations and measures as he deems necessary to suppress, control, eradicate, or to prevent or retard the spread of any pest, including the right to expend state funds on federal lands.

B. The Commissioner is authorized to cooperate with any agencies of adjacent states in such operations and measures as he deems necessary to locate, suppress, control, or eradicate, or to prevent or retard the spread of any pest. Provided, however, that the use of funds appropriated to carry out this article, for operations in adjacent states must be approved in advance by the Governor or his designee.

C. The Commissioner is authorized to cooperate with any agencies of local governments within the Commonwealth in such operations and measures as he deems necessary to suppress, control, eradicate, or to prevent or retard the spread of any pest.

D. The Commissioner is authorized to cooperate with public and private organizations within the Commonwealth in such operations and measures as he deems necessary to suppress, control, eradicate, or to prevent or retard the spread of any pest.