Administrative Code

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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

6VAC40-30-30. Request for evaluation.

A. Any manufacturer that wishes to submit field tests for evaluation shall submit a written request for evaluation to the department director at the following address:

Department of Forensic Science
700 North Fifth Street
Richmond, VA 23219

B. For presumptive chemical tests, materials sufficient for at least 10 tests shall be supplied for each drug for which the manufacturer requests evaluation. The materials shall include all instructions, precautions, color charts, flow charts, and other accompanying informational materials that are provided with the test and that describe the use and interpretation of the test. The manufacturer shall also include exact specifications as to the chemical composition of all chemical or reagents used in the presumptive chemical tests. These specifications shall include the volume or weight of the chemicals and the nature of their packaging. Safety Data Sheets for each chemical or reagent shall be sufficient for this purpose.

C. For presumptive mobile instruments, two nonsequentially manufactured instruments and supporting materials shall be supplied for each model for which the manufacturer requests evaluation. These materials shall include all instructions, all training materials regarding the use of the instrument by law enforcement, the instrument specifications, a list of compounds in the instrument's library, and any foundational validation studies. If the manufacturer provides training for users of the instruments beyond the written instructional materials, such training shall be made available for the evaluation. The instruments shall be returned to the manufacturer upon completion of the evaluation.

D. The department's evaluation process will require at least 120 days from the receipt of the written request and all needed materials from the manufacturer.

E. The department will use commonly encountered street drug preparations to examine those field tests submitted for evaluation. In order to be approved, the presumptive chemical test must correctly react in a clearly observable fashion to the naked eye and perform in accordance with manufacturers' instructions and claims. In order to be approved, the presumptive mobile instrument must perform in accordance with the manufacturer's instructions and advertised claims and offer convenience and efficiency in operation as determined by the department.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 1VAC30-90-20 derived from VR330-05-01 § 1, eff. April 8, 1992; amended and adopted as 6VAC20-220-30, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-30-30, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 30, Issue 6, eff. January 3, 2014; Volume 37, Issue 1, eff. October 1, 2020.

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