Administrative Code

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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

2VAC5-490-35. The examination of milk and milk products.

A. The state regulatory agency shall, except when the production is not on a yearly basis, during each month collect from each milk condensing plant, milk drying plant, whey condensing plant, or whey drying plant holding a grade A permit at least one sample of raw milk for pasteurization, after receipt of the milk by the plant and before pasteurization, and at least one sample of each grade A condensed milk product, grade A dry milk product, grade A condensed whey, and grade A dry whey manufactured. If the production of grade A dry milk products or grade A dry whey is not on a yearly basis, the state regulatory agency shall collect at least five samples within a continuous production period.

B. The state regulatory agency may collect samples of milk and milk products as it deems necessary from retail establishments selling milk or milk products to determine compliance with 2VAC5-490-40 and 2VAC5-490-50. Each person who operates the retail establishment shall furnish the state regulatory agency, upon the request of the state regulatory agency, with the names of all distributors from whom the person has obtained milk or milk products.

C. The state regulatory agency shall provide the remaining portion of the original raw milk sample from each grade A dairy farm that has been screened positive for animal drug residues by a milk plant, receiving station, or transfer station to the grade A dairy farm's milk marketing organization upon request.

D. Each grade A permit holder operating a milk plant within the Commonwealth shall provide to the state regulatory agency laboratory determinations of the quantity of vitamin A and vitamin D present in each of the milk plant's milk and milk products to which vitamin A or vitamin D has been added. Each grade A permit holder who operates a milk plant shall provide these laboratory determinations at least annually from a laboratory certified to determine the amount of vitamin A and vitamin D in milk and milk products under the requirements established in "Evaluation of Milk Laboratories," 2017 revision, available from the Food and Drug Administration, Center for Food Safety and Applied Nutrition, Office of Field Programs, Division of HACCP, Laboratory Quality Assurance Branch, HFH-450, 6502 South Archer Road, Summit-Argo, Illinois 60501, USA. Each grade A permit holder who operates a milk plant shall pay for the cost of the laboratory determinations.

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 31, Issue 12, eff. January 21, 2015; Volume 36, Issue 14, eff. March 2, 2020.

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