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Last updated: 05:26 PM, July 15, 2025

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Virginia Department of Agriculture and Consumer Services

Regulatory Compliance Analysis

Generated: July 15, 2025

Metric	Count	Percentage
Total Regulations Analyzed	5	100%
Total Provisions	11	100%
Express Delegation	0	0.0%
General Delegation	11	100.0%
Potential Overreach	0	0.0%
Unauthorized	0	0.0%
Unique Statutes Referenced	2	-
Discretionary Requirements	8	-

Methodology

This report analyzes Virginia Administrative Code regulations to determine their statutory authorization. The analysis uses advanced AI to:

Parse regulations into individual provisions
Identify relevant authorizing statutes
Evaluate the scope of statutory authority
Classify authorization levels (Express Delegation, General Delegation, Potential Overreach, or Unauthorized)
Identify discretionary requirements that could potentially be relaxed

Sections

1. Cattle Testing and ID 2VAC5-40-10

Provisions: 3 0 3 0 0 Req: 2

2. Bovine Tuberculosis Testing 2VAC5-40-20

Provisions: 3 0 3 0 0 Req: 2

3. Reactor Animal Identification 2VAC5-40-30

Provisions: 1 0 1 0 0 Req: 0

4. Tuberculin Test Regulations 2VAC5-40-40

Provisions: 2 0 2 0 0 Req: 2

5. Reactor Movement Permits 2VAC5-40-50

Provisions: 2 0 2 0 0 Req: 2

Cattle Testing Regulations

2VAC5-40-10

0

Express

3

General

0

Overreach

0

Unauthorized

2

Requirements

Regulation Text (with provision highlights)

Report of testing; permanent identification of passed cattle.¹ A report shall be submitted within 10 days to the State Veterinarian by any person making a tuberculin test of cattle in Virginia.² All cattle satisfactorily passing an approved test within the Commonwealth of Virginia shall be identified by an official state pass tag, unless such cattle carry an official tag of some other state, or another permanent method of identification which is recognized by the State Veterinarian.³

Provision-Level Authorization Analysis

1

Provision 1

"Report of testing; permanent identification of passed cattle."

General Delegation

AUTHORIZING STATUTE § 3.2-6004

"

The Board may adopt regulations the State Veterinarian may give and enforce directions and orders

ANALYSIS

§ 3.2-6004 specifically grants the Board the authority to adopt regulations that the State Veterinarian may enforce, allowing for a broad scope of action in managing animal health. This broad grant of authority encompasses the regulation concerning the reporting of testing and permanent identification of passed cattle, as it falls within the realm of ensuring proper health management and tracking of livestock. The legal significance of this authorization relationship is that it allows for flexibility in the implementation of health measures, enabling the State Veterinarian to effectively address public health concerns related to cattle.

2

Provision 2

"A report shall be submitted within 10 days to the State Veterinarian by any pers..."

General Delegation

AUTHORIZING STATUTE § 3.2-6004

"

The Board may adopt regulations the State Veterinarian may give and enforce directions and orders

ANALYSIS

§ 3.2-6004 specifically grants the Board the authority to adopt regulations and empowers the State Veterinarian to give and enforce directions and orders. This broad language allows for the establishment of regulations that facilitate the enforcement of veterinary health standards, such as the requirement for reporting tuberculin tests, which falls under the purview of the State Veterinarian's responsibilities. The legal significance of this authorization relationship is that it enables the State Veterinarian to effectively manage and monitor animal health issues, ensuring compliance with public health regulations without needing further specific legislative action for each regulation.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (person making a tuberculin test of cattle in Virginia)

A report shall be submitted within 10 days to the State Veterinarian by any person making a tuberculin test of cattle in Virginia.

Action: submit a report within 10 days to the State Veterinarian

3

Provision 3

"All cattle satisfactorily passing an approved test within the Commonwealth of Vi..."

General Delegation

AUTHORIZING STATUTE § 3.2-6004

"

The Board may adopt regulations the State Veterinarian may give and enforce directions and orders

ANALYSIS

§ 3.2-6004 specifically grants the Board the authority to adopt regulations that the State Veterinarian may enforce through directions and orders. This broad language allows for the establishment of regulations that ensure the identification of cattle passing approved tests, as it falls within the scope of the Board's regulatory powers to manage animal health and traceability. The legal significance of this authorization relationship is that it empowers the State Veterinarian to implement necessary measures for public health and safety without requiring further specific legislative action, thereby facilitating efficient regulatory enforcement.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (cattle owners or handlers)

All cattle satisfactorily passing an approved test within the Commonwealth of Virginia shall be identified by an official state pass tag, unless such cattle carry an official tag of some other state, ...

Action: identify cattle with an official state pass tag unless they carry an official tag of another state or a recognized permanent identification method

Conditions: unless such cattle carry an official tag of some other state, or another permanent method of identification which is recognized by the State Veterinarian

Bovine Tuberculosis Testing

2VAC5-40-20

0

Express

3

General

0

Overreach

0

Unauthorized

2

Requirements

Regulation Text (with provision highlights)

Official tuberculin tests may be applied by the intradermal (caudal fold), single cervical and comparative cervical methods.¹ An official tuberculin test shall be applied by a veterinarian regularly employed by the Commonwealth of Virginia or federal government, a county or municipality, or an accredited veterinarian.² The comparative cervical tests shall be performed only by an approved state or federal veterinarian.³

Provision-Level Authorization Analysis

1

Provision 1

"Official tuberculin tests may be applied by the intradermal (caudal fold), singl..."

General Delegation

AUTHORIZING STATUTE § 3.2-6004

"

The Board may adopt regulations the State Veterinarian may give and enforce directions and orders

ANALYSIS

§ 3.2-6004 specifically grants the Board the authority to adopt regulations that the State Veterinarian may enforce through directions and orders. This broad grant of authority allows for the establishment of various testing methods, such as the official tuberculin tests mentioned in the regulation, as it falls within the scope of the Board's ability to regulate animal health and disease control. The legal significance of this relationship is that it enables the State Veterinarian to implement necessary measures for public health and animal welfare without requiring further specific legislative approval, thereby facilitating timely and effective responses to health concerns.

2

Provision 2

"An official tuberculin test shall be applied by a veterinarian regularly employe..."

General Delegation

AUTHORIZING STATUTE § 3.2-6004

"

The Board may adopt regulations the State Veterinarian may give and enforce directions and orders

ANALYSIS

§ 3.2-6004 specifically grants the Board the authority to adopt regulations that the State Veterinarian may give and enforce directions and orders. This broad grant of authority allows for the establishment of regulations, such as the requirement for an official tuberculin test to be applied by various qualified veterinarians, which falls under the purview of the directions and orders that the Board can enforce. The legal significance of this authorization relationship is that it empowers the Board to delegate responsibilities to ensure compliance with public health standards related to animal health, thereby facilitating effective enforcement and implementation of veterinary regulations.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (veterinarian)

An official tuberculin test shall be applied by a veterinarian regularly employed by the Commonwealth of Virginia or federal government, a county or municipality, or an accredited veterinarian.

Action: apply an official tuberculin test

Conditions: the veterinarian is regularly employed by the Commonwealth of Virginia or federal government, or a county or municipality, or is an accredited veterinarian

3

Provision 3

"The comparative cervical tests shall be performed only by an approved state or f..."

General Delegation

AUTHORIZING STATUTE § 3.2-6004

"

The Board may adopt regulations the State Veterinarian may give and enforce directions and orders

ANALYSIS

§ 3.2-6004 specifically grants the Board the authority to adopt regulations and empowers the State Veterinarian to give and enforce directions and orders. This broad language allows for the establishment of regulations that set forth specific requirements, such as limiting the performance of comparative cervical tests to approved veterinarians, thus falling under the general delegation of authority. The legal significance of this relationship is that it ensures the regulation is validly enacted under the Board's authority, allowing for effective enforcement and compliance within the veterinary field.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (veterinarian)

The comparative cervical tests shall be performed only by an approved state or federal veterinarian.

Action: perform the comparative cervical tests

Conditions: only if the veterinarian is approved by the state or federal authority

Reactor Animal Identification

2VAC5-40-30

0

Express

1

General

0

Overreach

0

Unauthorized

0

Requirements

Regulation Text (with provision highlights)

Cattle reacting to the tuberculin test or cattle found by clinical examination to be infected with tuberculosis shall be effectively branded with the letter "T" not less than two inches high on the left jaw, tagged with a metal tag bearing the inscription "Virginia Reactor" and a serial number in the left ear, and reported within 10 days to the State Veterinarian.¹

Provision-Level Authorization Analysis

1

Provision 1

"Cattle reacting to the tuberculin test or cattle found by clinical examination t..."

General Delegation

AUTHORIZING STATUTE § 3.2-6004

"

The Board may adopt regulations the State Veterinarian may give and enforce directions and orders

ANALYSIS

§ 3.2-6004 specifically grants the Board the authority to adopt regulations and empowers the State Veterinarian to give and enforce directions and orders. This broad grant of authority allows for the establishment of specific measures, such as branding and tagging infected cattle, as necessary actions to enforce public health and safety standards regarding animal diseases. The legal significance of this authorization relationship is that it enables the regulation to be implemented under the general delegation of authority, ensuring that the State Veterinarian can take necessary actions to manage and control tuberculosis in cattle effectively.

Tuberculosis Control Regulations

2VAC5-40-40

0

Express

2

General

0

Overreach

0

Unauthorized

2

Requirements

Regulation Text (with provision highlights)

Disposition of tuberculin injected cattle awaiting final evaluation; handling of reactors.¹ No cattle which are waiting for evaluation after being injected with tuberculin and no positive reacting cattle shall be removed from the premises where tested, except as follows: All reactors shall be segregated and kept from contact with all other cattle on the premises, and no reactors shall be removed from the boundaries where confined without a permit from the State Veterinarian.²

Provision-Level Authorization Analysis

1

Provision 1

"Disposition of tuberculin injected cattle awaiting final evaluation; handling of..."

General Delegation

AUTHORIZING STATUTE § 3.2-6004

"

The Board may adopt regulations the State Veterinarian may give and enforce directions and orders

ANALYSIS

§ 3.2-6004 specifically grants the Board the authority to adopt regulations and empowers the State Veterinarian to give and enforce directions and orders. This broad language allows for a wide range of regulatory actions, including the management and evaluation of cattle in relation to disease control, which is precisely what the regulation concerning the disposition of tuberculin injected cattle addresses. The legal significance of this authorization relationship is that it enables the State Veterinarian to implement necessary measures for public health and animal welfare without requiring further specific legislative approval, thereby ensuring timely and effective responses to potential health threats.

2

Provision 2

"No cattle which are waiting for evaluation after being injected with tuberculin ..."

General Delegation

AUTHORIZING STATUTE § 3.2-6004

"

The Board may adopt regulations the State Veterinarian may give and enforce directions and orders

ANALYSIS

§ 3.2-6004 specifically grants the Board the authority to adopt regulations that the State Veterinarian may enforce, indicating a broad scope of regulatory power. This results in GENERAL_DELEGATION because the regulation establishes necessary procedures for managing cattle under evaluation and ensures compliance with health standards, which falls within the broad authority to enforce directions and orders related to animal health. The legal significance of this authorization relationship is that it allows the State Veterinarian to implement specific measures to protect public health and prevent the spread of disease among cattle, thereby fulfilling the statutory intent.

Discretionary Requirements

2 Discretionary Requirements Identified

"shall" (cattle owners/operators)

All reactors shall be segregated and kept from contact with all other cattle on the premises

Action: segregate and keep reactors from contact with all other cattle on the premises

"shall not" (cattle owners/operators)

no reactors shall be removed from the boundaries where confined without a permit from the State Veterinarian

Action: remove reactors from the boundaries where confined

Conditions: without a permit from the State Veterinarian

Reactor Movement Permits

2VAC5-40-50

0

Express

2

General

0

Overreach

0

Unauthorized

2

Requirements

Regulation Text (with provision highlights)

Permits required in the above paragraph shall be issued only to the owner of the cattle to be moved.¹ Separate permits are required for each animal, except when animals are moved in one drove, truckload, or carload, in which case one permit shall suffice for each drove, truckload or carload.²

Provision-Level Authorization Analysis

1

Provision 1

"Permits required in the above paragraph shall be issued only to the owner of the..."

General Delegation

AUTHORIZING STATUTE § 3.2-6004

"

The Board may adopt regulations the State Veterinarian may give and enforce directions and orders

ANALYSIS

§ 3.2-6004 specifically grants the Board the authority to adopt regulations that the State Veterinarian may enforce, indicating a broad scope of power to manage veterinary matters. This results in GENERAL_DELEGATION because the regulation concerning permits for cattle movement falls within the Board's authority to establish rules for the management and oversight of animal health and movement, as directed by the statute. The legal significance of this authorization relationship is that it allows for the effective implementation of regulations necessary for public health and safety in the context of livestock management.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (owner of the cattle to be moved)

Permits required in the above paragraph shall be issued only to the owner of the cattle to be moved.

Action: issue permits only to the owner of the cattle to be moved

Conditions: permits are required in the above paragraph

2

Provision 2

"Separate permits are required for each animal, except when animals are moved in ..."

General Delegation

AUTHORIZING STATUTE § 3.2-6004

"

The Board may adopt regulations the State Veterinarian may give and enforce directions and orders

ANALYSIS

§ 3.2-6004 specifically grants the Board the authority to adopt regulations and empowers the State Veterinarian to give and enforce directions and orders. This broad grant of authority allows for the establishment of regulations that address various aspects of animal movement, such as the requirement for separate permits for each animal or the allowance for a single permit for grouped animals, thereby encompassing the regulation under GENERAL_DELEGATION. The legal significance of this relationship is that it enables the agency to implement necessary operational procedures while maintaining flexibility in enforcement, ensuring effective management of animal movement in accordance with public health and safety standards.

Discretionary Requirements

1 Discretionary Requirements Identified

"shall" (regulated entities (e.g., animal movers, transporters))

Separate permits are required for each animal, except when animals are moved in one drove, truckload, or carload, in which case one permit shall suffice for each drove, truckload or carload.

Action: obtain separate permits for each animal unless moved in one drove, truckload, or carload

Conditions: animals are moved in one drove, truckload, or carload

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