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Virginia Administrative Code
Title 2. Agriculture
Agency 5. Department of Agriculture And Consumer Services
Chapter 510. Rules and Regulations Governing the Production, Processing, and Sale of Ice Cream, Frozen Desserts, and Similar Products
11/21/2024

2VAC5-510-440. Frequency, filing of inspection reports and confidentiality.

A. Each frozen desserts plant or frozen desserts establishment in this state whose products are intended for consumption within the Commonwealth of Virginia, shall be inspected by the State Regulatory Authority prior to the issuance of a permit. Following the issuance of a permit, each frozen desserts plant or retail establishment shall be inspected at least once every three months. Should the violation of any requirement set forth in Part VIII (2VAC5-510-450 et seq.) or Part X (2VAC5-510-480 et seq.) of this chapter be found on any inspection, a second inspection shall be required after the time deemed necessary to remedy the violation, but not before three days have passed. This second inspection shall determine compliance with the requirements of Part VIII (2VAC5-510-450 et seq.) and Part X (2VAC5-510-480 et seq.). Any violation of the same requirement of Part VIII (2VAC5-510-450 et seq.) or Part X (2VAC5-510-480 et seq.) on such second inspection shall be cause for permit suspension according to Part V of this chapter (2VAC5-510-420 et seq.), or court action, or both.

B. One copy of each inspection report shall be handed to the operator or other responsible person, or be posted in a conspicuous place on an inside wall of the establishment. This inspection report shall not be defaced, and shall be made available to the State Regulatory Authority upon request. An identical copy of the inspection report shall be filed with the State Regulatory Authority. Every plant or frozen desserts establishment operator shall, upon request of the State Regulatory Authority, permit access of officially designated persons to all parts of his plant, establishment or facilities to determine compliance with the provisions of this chapter.

C. It shall be unlawful for any person who in an official capacity obtains any information under the provisions of this chapter to use such information to his own advantage or to reveal it to any unauthorized person.

Statutory Authority

§§ 3.2-5201 and 3.2-5212 of the Code of Virginia.

Historical Notes

Derived from VR115-05-03 § 7.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987.

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