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Virginia Administrative Code
Title 2. Agriculture
Agency 5. Department of Agriculture And Consumer Services
Chapter 490. Regulations Governing Grade "A" Milk
6/27/2022

2VAC5-490-105. New or test facilities and equipment; equipment design, construction, and approval process.

A. At the request of any grade A permit holder, the state regulatory agency may allow the temporary installation of equipment or the temporary construction of dairy facilities that the state regulatory agency has no or limited regulatory experience with, on a trial basis, to determine if the equipment or dairy facilities can comply with the requirements of this chapter under normal conditions of use. The state regulatory agency will at a minimum evaluate the equipment or facilities for compliance with the requirements of this chapter when newly installed, as well as complete a separate evaluation of the inspection record during the trial of the equipment or facilities to comply with the requirements of this chapter over time under normal conditions of use.

B. At the conclusion of each trial, the state regulatory agency shall inform the grade A permit holder in writing if the equipment or facilities or both the equipment and facilities comply with the requirements of this chapter. If the equipment or facilities do not comply or both the equipment and facilities do not comply with the requirements of this chapter, the state regulatory agency shall inform the grade A permit holder in writing to alter or remove his equipment or facilities or to alter or remove both his equipment and facilities within a maximum of six months from the date of receipt of the written decision by the permit holder.

C. The state regulatory agency may renew or extend any temporary installation of equipment or the temporary construction of dairy facilities beyond the time specified in the written agreement between the grade A permit holder and the state regulatory agency.

D. If the state regulatory agency agrees to allow the temporary installation of equipment or the temporary construction of dairy facilities, the state regulatory agency and the grade A permit holder installing the equipment or constructing the facilities shall each sign a written agreement that at a minimum includes:

1. A description of the equipment or facilities and detailed plans for their installation acceptable to the state regulatory agency;

2. The name of the grade A permit holder and the physical address where the equipment or facilities will be installed;

3. The name and contact information for the person who will be installing the equipment or constructing the facilities;

4. A detailed plan including:

a. A description of the items to be evaluated by the state regulatory agency;

b. Criteria to judge the acceptability of performance by which each item being evaluated will be measured by the state regulatory agency;

c. A time table specifying the length of the trial, the minimum number of inspections, and time periods between inspections;

d. How inspection findings will be documented and reviewed with the permit holder and at what frequency;

e. A provision for the state regulatory agency to end the temporary installation agreement before the completion of the timeline and reject the equipment or facilities as not complying with the requirements of this chapter if continuation of the trial will not substantially affect the decision of the state regulatory agency;

f. A provision that at the end of the timeline specified in the agreement, the permit holder will remove or alter the equipment or facilities within a maximum of six months from the date the permit holder receives written instruction to do so from the state regulatory agency to comply with the requirements of this chapter if the state regulatory agency does not approve the equipment or facilities; and

g. A provision that the permit holder's failure to remove or alter the equipment or facilities to comply with the requirements of this chapter within six months after receipt of written instructions from the state regulatory agency shall be considered sufficient cause for permit suspension.

Statutory Authority

§ 3.2-5206 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 20, eff. May 23, 2007; amended, Volume 27, Issue 9, eff. December 10, 2010; Volume 36, Issue 14, eff. March 2, 2020.

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