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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 40. Department of Forensic Science
Chapter 30. Regulations for the Approval of Field Tests for Detection of Drugs
9/24/2022

6VAC40-30-10. 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 the director's designee.

"Department" means the Department of Forensic Science.

"Drug" means any controlled substance or imitation controlled substance, as defined in § 18.2-247 of the Code of Virginia, or "marijuana" as defined in §§ 4.1-600 and 18.2-247 of the Code of Virginia.

"Field test" means any presumptive chemical test or any presumptive mobile instrument used outside of a forensic laboratory environment to detect the presence of a drug.

"List of approved field tests" means a list of field tests 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 tests 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.

"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.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 1VAC30-90-10 derived from VR330-05-01 § 1, eff. April 8, 1992; amended and adopted as 6VAC20-220-10, Virginia Register Volume 20, Issue 4, 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 6, eff. January 3, 2014; Volume 37, Issue 1, eff. October 1, 2020; Volume 38, Issue 1, eff. September 30, 2021.

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