Section 10. Definitions  


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  • Part I. 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 of the Code of Virginia.

    "Manufacturer" means any entity 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 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 that has been encountered or is likely to be encountered by a law-enforcement officer as a purported drug in the Commonwealth.

Historical Notes

Former 1VAC30-90-10 derived from VR330-05-01 § 1, eff. April 8, 1992; amended and adopted as 6VAC20-220-10, Volume 20, Issue 04, eff. December 3, 2003; amended and renumbered as 6VAC40-30-10, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; amended, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; Volume 30, Issue 06, eff. January 3, 2014.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.