PETITIONS FOR RULEMAKINGVol. 32 Iss. 24 - July 25, 2016
TITLE 3. ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGE CONTROL BOARD
Agency Decision
Title of Regulation: 3VAC5-30. Tied-House.
Statutory Authority: § 4.1-111 of the Code of Virginia.
Name of Petitioner: Terri Bierne, Esq. - Eastern Counsel to the Wine Institute.
Nature of Petitioner's Request: A request has been submitted by the Wine Institute requesting that 3VAC5-30 be amended to prohibit wine wholesale licensees from charging an additional fee or upcharge on split or mixed cases of wine sold to retail licensees.
Agency Decision: Request denied.
Statement of Reason for Decision: The Virginia Alcoholic Beverage Control Board held a public comment period concerning the petition that requested an amendment to the existing pricing regulation. The petitioner requested that the existing regulation be amended to prohibit wine wholesalers from charging an additional fee to retailers when less than a full case of wine was purchased. The board took public comment at a meeting on June 22, 2016. At this meeting, the board heard from the petitioner and declined to proceed with the requested regulatory action.
Agency Contact: Shawn Walker, Director of Law Enforcement, Department of Alcoholic Beverage Control, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4569, or email shawn.walker@abc.virginia.gov.
VA.R. Doc. No. R16-23; Filed July 6, 2016, 10:19 a.m.
Agency Decision
Title of Regulation: 3VAC5-30. Tied-House.
Statutory Authority: § 4.1-111 of the Code of Virginia.
Name of Petitioner: Walter Marston, Esq. representing the Virginia Wine Wholesalers Association.
Nature of Petitioner's Request: A request has been received from the Virginia Wine Wholesalers Association requesting that 3VAC5-30 be amended to permit wine wholesalers to differentiate between on-premises and off-premises licensees in prices charged.
Agency Decision: Request granted.
Statement of Reason for Decision: The Virginia Alcoholic Beverage Control Board held a public comment period concerning the petition that requested an amendment to the existing pricing regulation. The petitioner requested that the existing regulation be amended to allow for differences in pricing between off-premises and on-premises retailers. The board took public comment on June 22, 2016. At this meeting, the board considered all previously submitted written comments, all of which fully supported the proposal. The board decided to proceed with the requested regulatory action.
Agency Contact: Shawn Walker, Director of Law Enforcement, Department of Alcoholic Beverage Control, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4569, or email shawn.walker@abc.virginia.gov.
VA.R. Doc. No. R16-24; Filed July 6, 2016, 10:17 a.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
BOARD OF MEDICINE
Agency Decision
Title of Regulation: 18VAC85-20. Regulations Governing the Practice of Medicine, Osteopathic Medicine, Podiatry, and Chiropractic.
Statutory Authority: § 54.1-2400 of the Code of Virginia.
Name of Petitioner: Mitch Gray.
Nature of Petitioner's Request: The petition for rulemaking requests an amendment to requirements for standards for professional conduct in the practice of medicine. Specifically, it requests the addition of a requirement for physicians to wear gloves when conducting a genital examination to protect both the patient against the perception of sexual conduct and the physician against the transmission of sexually-transmitted disease.
Agency Decision: Request denied.
Statement of Reason for Decision: At its June 16, 2016, meeting, the Board of Medicine decided not to initiate rulemaking. While members agreed that wearing of gloves is the standard of care for most patients, it did not agree that this commonplace practice needed to be singled out for regulatory action.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, 9960 Mayland Drive, Richmond, VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.
VA.R. Doc. No. R16-25; Filed June 24, 2016, 4:53 p.m.
