Chapter 490. Regulations Governing Grade "A" Milk
2VAC5-490-5. Grade "A" Pasteurized Milk Ordinance.
A. Any person permitted in accordance with Chapter 52 (§ 3.2-5200 et seq.) of Title 3.2 of the Code of Virginia regarding milk, milk products, and dairies shall comply with the provisions of the "Grade "A" Pasteurized Milk Ordinance, 2017 Revision."
B. Section 1 of the "Grade "A" Pasteurized Milk Ordinance, 2017 Revision" regarding definitions shall be used to determine the meanings of the words or terms used in this chapter or in the "Grade "A" Pasteurized Milk Ordinance, 2017 Revision" unless the context clearly indicates otherwise. If any definition in Section 1 of the "Grade "A" Pasteurized Milk Ordinance, 2017 Revision" conflicts with a definition in 2VAC5-490-10, 2VAC5-490-10 shall control to the extent of the conflict.
C. If any provision of the "Grade "A" Pasteurized Milk Ordinance, 2017 Revision" conflicts with a provision in 2VAC5-490-10 through 2VAC5-490-140 of this chapter, the provision in 2VAC5-490-10 through 2VAC5-490-140 of this chapter shall control to the extent of the conflict.
D. If any provision of the "Grade "A" Pasteurized Milk Ordinance, 2017 Revision" or this chapter conflicts with a regulation pertaining to waterworks or private wells adopted by the State Board of Health pursuant to § 32.1-170 or 32.1-176.4 of the Code of Virginia, the regulation adopted by the State Board of Health shall control to the extent of the conflict.
E. If any provision of the "Grade "A" Pasteurized Milk Ordinance, 2017 Revision" or this chapter conflicts with a regulation pertaining to onsite sewage systems adopted by the State Board of Health pursuant to § 32.1-164 of the Code of Virginia, the regulation adopted by the State Board of Health shall control to the extent of the conflict.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Pull date" means the date affixed to a consumer package or container of grade A pasteurized milk or grade A pasteurized milk product that is the date after the day of manufacturing and processing of the package or container and the last day on which the grade A pasteurized milk or grade A pasteurized milk product as determined by the milk plant may be offered for sale to consumers under normal storage.
"State regulatory agency" means the Commissioner of Agriculture and Consumer Services or his agent when carrying out any duty specified in § 3.2-5207 of the Code of Virginia or the State Health Commissioner or his agent when carrying out any duty specified in § 3.2-5208 of the Code of Virginia.
"Summarily suspend" means the immediate suspension of a permit issued by the state regulatory agency without the permit holder being granted the opportunity to contest the action prior to the effective date and time of the suspension.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from VR115-05-01 § 1, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; Volume 23, Issue 20, eff. May 23, 2007; Volume 25, Issue 11, eff. March 4, 2009; Volume 27, Issue 9, eff. December 10, 2010; Volume 31, Issue 12, eff. January 21, 2015; Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-15. (Repealed.)
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; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-20. (Repealed.)
Historical Notes
Derived from VR115-05-01 § 2, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; Volume 23, Issue 20, eff. May 23, 2007; Volume 31, Issue 12, eff. January 21, 2015; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-25. Impounding of adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product.
The state regulatory agency shall comply with the following administrative procedures when impounding any adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product to prevent movement of these products until such violations of critical processing elements have been corrected:
1. The state regulatory agency shall serve the person with a written impoundment notice. The written impoundment notice shall specify the violations and inform the person of the opportunity to appear before the state regulatory agency in person, by counsel, or by other qualified representative at a fact-finding conference for the informal presentation of factual data, arguments, and proof to contest the written notice of violation.
2. The written impoundment notice shall include:
a. The name of the adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product;
b. The size and number of separate units in the lot being impounded;
c. The product code and sell by date for the lot of product, if each exists; and
d. A statement directing the person to:
(1) Immediately remove from sale the entire lot of adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product;
(2) Isolate and identify as not for sale the entire lot of adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product in the person's storage area in a location separate from any storage accessible from a retail sales area; and
(3) Comply with one of the following options:
(a) If the condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product is adulterated (i) the entire lot shall be destroyed or (ii) the entire lot shall be held and returned to the manufacturer, distributor, or producer; or
(b) If the condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product is misbranded (i) the entire lot shall be destroyed; (ii) the entire lot shall be held and returned to the manufacturer, distributor, or producer; or (iii) the entire lot shall be held and new labels affixed to each container in the lot that comply with all provisions for labeling of condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product contained in this chapter prior to being offered for sale.
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, Virginia Register Volume 31, Issue 12, eff. January 21, 2015; Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-30. Permits.
A. No person may produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth, or bring, send, or receive into the Commonwealth, any milk, milk product, or condensed and dry milk product for use in the commercial preparation of grade A pasteurized, ultra-pasteurized, aseptically processed and packaged, or retort processed after packaging milk or milk product unless the person possesses a grade A permit from the state regulatory agency. Nothing in this chapter shall be deemed to require a person who is a broker, agent, or distributor's representative to have a grade A permit if the person buys condensed and dry milk product for, or sells condensed and dry milk product to, a milk plant that has a valid grade A permit from any state.
B. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain a grade A permit. Permits shall not be transferable with respect to persons or locations. Each person whose name appears on a grade A permit shall be at least 18 years of age. Each person requesting a grade A permit shall provide the state regulatory agency with the following information:
1. The name of the person to whom the permit is to be issued;
2. If the person is requesting a permit for a partnership, corporation, firm, trustee, or institution, the person shall provide the articles of incorporation, partnership agreement, trust document, or other document identifying the names, titles, and mailing addresses of all responsible officials for the partnership, corporation, firm, trustee, or institution;
3. The address of the facility being permitted, including the street and number, city, state, and zip code. Addresses containing post office box designations shall not be permitted;
4. The trade name the permit holder will use if the permit holder will not be trading in the name to which the grade A permit is issued;
5. The name, mailing address, and telephone number for one responsible person designated by the grade A permit holder to receive all sample reports and official correspondence from the state regulatory agency;
6. If the permit application is for a grade A dairy farm, the name of the milk marketing organization or milk marketing cooperative to which the permit holder belongs or the buyer of its milk;
7. The names and phones numbers of responsible persons to contact at the grade A dairy farm or plant;
8. If the permit application is for a grade A dairy farm, the name, address, and telephone number of the owner of the dairy farm;
9. The printed name, signature, title, and date signed for each person whose name appears on the permit;
10. The printed name, signature, title, and date signed by the most responsible official for the partnership, corporation, firm, trustee, or institution if the permit is to be issued in the name of a partnership, corporation, company, firm, trustee, or institution; and
11. If the permit application is for a grade A plant permit, the plant code embossed or printed on packages of milk, milk product, condensed milk, condensed milk product, dry milk, or dry milk product packaged by the plant to identify the plant in lieu of printing the plant's name and address on the packages of milk, milk product, condensed milk, condensed milk product, dry milk, or dry milk product, if one has been assigned.
C. Each person who holds a grade A permit and who requests a change in the name on an existing grade A permit shall provide the state regulatory agency with the following information:
1. A written statement requesting that the existing grade A permit be canceled that has been signed by each person whose name appears on the existing grade A permit; except that when a person whose name on an existing grade A permit is deceased, the request for cancellation shall be made in writing by the executor or administrator of the permit holder's estate. A copy of the qualification as executor or administrator shall accompany the request for cancellation along with a statement identifying the name of the deceased and the date of death. Each signature shall be made next to or above the person's printed name and shall be dated with the date on which the written statement was signed by the grade A permit holder;
2. If the existing grade A permit is held in the name of a partnership, corporation, company, firm, trustee, or institution, the written statement requesting the existing grade A permit be canceled shall be signed by a person who is authorized to sign on behalf of the partnership, corporation, company, firm, trustee, or institution. Each signature shall be made next to or above the person's printed name and official title for the partnership, corporation, company, firm, trustee, or institution and shall be dated with the date on which the written statement was signed by the person who is authorized to sign on behalf of the partnership, corporation, company, firm, trustee, or institution.
D. No person may hold a grade A dairy farm permit if any part of his facilities, equipment, storage, or surroundings (except toilet rooms) requiring inspection is accessed through any room used for domestic purposes or part of any room used for domestic purposes. Toilet rooms used for domestic purposes may be approved as complying with the requirements of this chapter only if (i) the toilet room is located within 300 feet of the milkroom and (ii) all labor utilized in the milking parlor, milking barn, and milkroom is provided by members of the permit holder's immediate family.
E. No person who holds a grade A permit shall use or allow anyone else to use his facilities and equipment for any purpose other than that for which the grade A permit was issued.
F. Each person who holds a grade A dairy farm permit shall display his permit in the milkroom on his dairy farm.
G. Each person who holds a grade A dairy plant permit shall display his grade A plant permit in his facilities where it is accessible for inspection.
H. No grade A permit holder may transfer any grade A permit to another person or another location.
I. No permit holder who has had his grade A dairy farm permit or dairy plant permit revoked by the state regulatory agency shall be eligible to hold a grade A dairy farm or dairy plant permit at any time after the permit holder's permit is revoked.
J. If multiple grade A dairy farms with separate herds and bulk holding tanks exist at the same physical mailing address or are under different ownership, each facility must have a separate grade A permit.
K. If a dairy farm owner has more than one grade A dairy farm at more than one separate physical mailing address, each facility must have a separate permit.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from VR115-05-01 § 3, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; Volume 23, Issue 20, eff. May 23, 2007; Volume 31, Issue 12, eff. January 21, 2015; Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-30.1. Permit exemption for restaurants making yogurt.
Restaurants as defined in § 35.1-1 of the Code of Virginia shall be exempt from the requirements of this chapter for the manufacturer of yogurt provided (i) the restaurant manufactures the yogurt from pasteurized milk and milk products and cultures obtained from an approved source; and (ii) all of the yogurt is utilized by the restaurant or sold on site to the final consumer either as an ingredient in other foods or as yogurt.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 27, Issue 9, eff. December 10, 2010.
2VAC5-490-31. Authority to cancel, suspend, revoke, or deny a permit.
A. The state regulatory agency may cancel, suspend, or revoke the grade A permit of any person or may deny to any person a grade A permit if:
1. The grade A permit holder fails to engage daily in the business for which the grade A permit is issued;
2. The grade A permit holder does not daily produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth, or bring, send, or receive into the Commonwealth milk, milk product, condensed milk product, or dry milk product;
3. The grade A permit holder fails to provide at no cost to the state regulatory agency samples of milk, milk product, condensed milk product, and dry milk product in the person's possession for testing by the state regulatory agency;
4. The grade A permit holder fails to provide on a daily basis milk, milk product, condensed milk product, or dry milk product in the person's possession for sampling and testing by the state regulatory agency;
5. The grade A permit holder fails to comply with any requirement of this chapter or of §§ 3.2-5200 through 3.2-5211 or 3.2-5218 through 3.2-5233 of the Code of Virginia;
6. A public health hazard exists that affects the grade A permit holder's milk, milk product, condensed milk product, or dry milk product;
7. The grade A permit holder or any agent of the grade A permit holder has obstructed or interfered with the state regulatory agency in the performance of its duties;
8. The person supplies false or misleading information to the state regulatory agency (i) in the person's application for a grade A permit; (ii) concerning the identity of the person who will control the facility that is the subject of the grade A permit; (iii) concerning the amount of milk, milk product, condensed milk product, or dry milk product that the person produces, provides, manufactures, sells, offers for sale, or stores in the Commonwealth, or brings, sends, or receives into the Commonwealth and the distribution of the person's milk, milk product, condensed milk product, or dry milk product; (iv) concerning any investigation conducted by the state regulatory agency; or (v) concerning the location of any part of the person's operation that is subject to a grade A permit;
9. The grade A permit holder engages in fraudulent activity regarding (i) the amount of milk, milk product, condensed milk product, or dry milk product the person offers to sell or sells; or (ii) the collection of samples of the person's milk, milk product, condensed milk product, or dry milk product used to determine compliance with any provision of this chapter or as a basis for payment for milk, milk product, condensed milk product, or dry milk product;
10. Three of the most recent five bacteria counts, somatic cell counts, or cooling temperature determinations conducted on the grade A permit holder's raw milk exceed the standards specified in this chapter;
11. Three of the most recent five bacteria counts, coliform determinations, or cooling temperature determinations conducted on the grade A permit holder's milk, milk product, condensed milk product, or dry milk product exceed the standards specified in this chapter;
12. The most recent aflatoxin or drug residue test on the grade A permit holder's milk, milk product, condensed milk product, or dry milk product violates the standards specified in this chapter;
13. The most recent chemical residue test or pesticide residue test on the grade A permit holder's milk, milk product, condensed milk product, or dry milk product exceeds the actionable level, tolerance level, or safe level for any chemical residue or pesticide residue specified in 40 CFR Part 180 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175, 176, 177, 178, 189, 556, 570, 573, 589. In the event that no actionable level, tolerance level, or safe level for a chemical residue or pesticides residue has been established in 40 CFR Part 180 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175, 176, 177, 178, 189, 556, 570, 573, 589, the tolerance level shall be deemed to be zero;
14. The grade A permit holder fails to correct any (i) violation of this chapter documented as a result of an inspection or (ii) deficiency or nonconformity documented as a result of a HACCP audit that the state regulatory agency has cited in a written notice of intent to suspend the person's grade A permit, as a violation of this chapter;
15. The grade A permit holder's equipment is covered or partially covered by an accumulation of milk solids, milk fat, or other residue so that the milk, milk product, condensed milk product, or dry milk product is adulterated;
16. The grade A permit holder sells or offers for sale milk, milk product, condensed milk product, or dry milk product that violates any requirement of this chapter;
17. The grade A permit holder's permit is suspended three times within a 12-month period;
18. The agency in another state responsible for issuing grade A permits has denied, suspended, or revoked the permit of the person in that state for any act or omission that would violate this chapter or the statutes under which this chapter was adopted, had the act or omission occurred in the Commonwealth; or
19. The state regulatory agency has previously revoked the person's grade A permit.
B. The state regulatory agency may summarily suspend a grade A permit for violation of any of the following subdivisions of subsection A of this section: 6, 9, 10, 11, 12, 13, 14, 15, or 16.
C. The state regulatory agency may suspend from sale any condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product in violation of the requirements of this chapter processed by any grade A dairy plant permit holder in lieu of suspending the grade A dairy plant permit holder's permit.
D. If the state regulatory agency suspends a permit holder's permit more than three times within any 12-month period, the permit holder's permit shall not be reinstated for a period of three days on the fourth suspension within any 12-month period and six days on the fifth suspension within any 12-month period with three days being added to the required suspension period for each additional suspension thereafter within any 12-month period.
E. If the state regulatory agency issues two written notices of intent to suspend a person's permit for failure to correct the same deficiency within any 12-month period, the state regulatory agency may issue and enforce a written notice of intent to summarily suspend the person's permit at any time within six months after the date the written notice of intent to summarily suspend is issued, to summarily suspend the person's permit if the same violation exists on any inspection during the six-month period specified in the written notice of intent to summarily suspend.
F. The state regulatory agency shall revoke any permit that has been under voluntary suspension for more than 24 months.
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, Virginia Register Volume 25, Issue 11, eff. March 4, 2009; Volume 31, Issue 12, eff. January 21, 2015; Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-32. Authority to impound milk and milk products.
The state regulatory agency may impound any condensed milk, condensed milk product, aseptically processed and packaged milk or milk product, retort processed after packaged milk or milk product, dry milk, dry milk product, milk, or milk product if it is in violation of any requirement of this chapter.
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.
2VAC5-490-33. (Repealed.)
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, Virginia Register Volume 31, Issue 12, eff. January 21, 2015; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-34. (Repealed.)
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, Virginia Register Volume 31, Issue 12, eff. January 21, 2015; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
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.
2VAC5-490-36. Drug residue monitoring, farm surveillance and follow up.
A. Each grade A permit holder operating a milk plant, receiving station, or transfer station shall:
1. Comply with all regulations set forth in Appendix N of the "Grade "A" Pasteurized Milk Ordinance, 2017 Revision";
2. Retain each sample found to be positive for drug residues for a period of 120 hours after the sample test result is positive for drug residues for the use of the state regulatory agency unless directed otherwise by a representative of the state regulatory agency;
3. Report records of all results of tests on samples of raw milk to the state regulatory agency by the 15th day of each month for the preceding month to include a statement as to whether the test results are positive or negative. If the results are positive, the grade A permit holder shall also record (i) the identity of each producer contributing to the load from which the positive sample of raw milk was taken; (ii) the name of the person notified at the state regulatory agency of the positive test results; (iii) the date and time of day the person at the state regulatory agency was notified of the positive test results; and (iv) the method of notification of the state regulatory agency;
4. Immediately notify the state regulatory agency and the milk marketing cooperative or broker of any shipment of bulk tank raw milk for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processed after packaging milk and milk products when the shipment of bulk tank raw milk is found to be positive for drug residues. Nothing in this subdivision shall be deemed to include individual raw milk samples collected from each grade A dairy farm included in any shipment of bulk tank raw milk for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processed after packaging milk and milk products; and
5. Provide by facsimile machine or other electronic means to the state regulatory agency copies of load manifests, producer weight tickets, laboratory worksheets where the results of laboratory tests are originally recorded, and records from electronic readers documenting the results for samples tested for all positive loads.
B. Each grade A dairy farm permit holder's milk marketing cooperative or milk marketing agent shall be responsible for the collection and testing of follow-up milk samples for animal drug residues required for permit reinstatement and resumption of milk shipment from the dairy farm each time the grade A dairy farm permit holder's milk test positive for animal drug residues.
C. Each grade A dairy farm permit holder's milk marketing cooperative or milk marketing agent shall comply with the following when following up on a producer's dairy farm after a positive animal drug residue:
1. Only persons who hold valid permits to weigh, sample, and collect milk issued by the state regulatory agency shall collect and deliver follow-up milk samples to laboratories for official testing for the purpose of permit reinstatement and the resumption of milk shipments from the dairy farm; and
2. Reports of laboratory testing shall be provided from officially designated laboratories for each milk sample tested for animal drug residues and shall include the following information:
a. The name of the grade A dairy farm permit holder;
b. The patron number of the grade A dairy farm permit holder;
c. The date, time, and temperature of the milk sample when collected;
d. The name of the person who collected the milk sample;
e. The name of the test method used to test the milk sample; and
f. The test result for the milk sample.
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.
2VAC5-490-37. Laboratory certification.
A. Each grade A permit holder operating a dairy plant that receives any milk that could require load confirmation or producer traceback as a result of a positive animal drug residue on a load of milk delivered at the plant shall provide to the state regulatory agency results of animal drug residue tests from an officially designated laboratory. Each officially designated laboratory shall maintain a listing in the IMS List – Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers as an approved milk laboratory certified to test load and producer samples. All laboratory results from officially designated laboratories shall be reported to the state regulatory agency within six hours of the initial presumptive positive result at the plant.
B. Each officially designated laboratory shall comply with the requirements contained in the "Evaluation of Milk Laboratories, 2017 revision" for certification and listing in the "IMS List – Sanitation Compliance and Enforcement Ratings of Interstate Milk Shippers."
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.
2VAC5-490-38. Disposal of adulterated milk.
Each grade A permit holder whose milk tests positive for drug residues or has been otherwise adulterated as defined in this chapter shall dispose of such milk in a manner that removes it from the human food chain or in any manner approved by the U.S. Food and Drug Administration.
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, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-39. (Repealed.)
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, Virginia Register Volume 31, Issue 12, eff. January 21, 2015; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-39.1. Receiving raw or untreated sewage on a dairy farm prohibited.
No person holding a grade A permit may operate a dairy farm that receives on the dairy farm raw or untreated sewage or septage from any septic tank, from any private or public sewage system, from any septic tank pump operator, from any hauler of septic tank waste or sewage, or from any other source.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 23, Issue 20, eff. May 23, 2007.
2VAC5-490-39.2. Milk that may be held in a milk storage tank.
No person who holds a grade A permit may place or hold in his milk storage tank (i) any milk except milk that was obtained from cows, sheep, goats, water buffalo, or other hooved mammal milked at the grade A permit holder's dairy farm; (ii) any milk that did not enter the milk storage tank through the milking and milk-handling equipment on the grade A permit holder's dairy farm during the milking of the grade A permit holder's cows, sheep, goats, water buffalo, or other hooved mammal; (iii) any milk that has been held without refrigeration; or (iv) any milk that has been exposed to chemical or physical contamination.
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, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-39.3. Commingling of milk from different species prohibited.
No person may produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth, or bring, send, or receive into the Commonwealth, any milk, milk product, or condensed and dry milk product for use in the commercial preparation of grade A pasteurized, ultra-pasteurized, aseptically processed and packaged, or retort processed after packaged milk or milk products, any part of which is a combination of the milk from any two or more species of mammal.
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, Virginia Register Volume 31, Issue 12, eff. January 21, 2015.
2VAC5-490-39.4. (Repealed.)
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 23, Issue 20, eff. May 23, 2007; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-39.5. Limit for aflatoxin residue in feed of lactating mammals.
No person holding a grade A permit to produce milk for pasteurization, ultra-pasteurization or aseptic processing shall feed their lactating cows, goats, sheep, water buffalo, or other milking mammals any feed separately or in combination that contains an aflatoxin residue greater than 20 parts per billion.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 23, Issue 20, eff. May 23, 2007.
2VAC5-490-39.6. Limit for aflatoxin residue in milk and milk products.
No person may sell or offer for sale any milk or milk product if it contains an aflatoxin residue equal to or greater than 0.50 parts per billion.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 23, Issue 20, eff. May 23, 2007.
2VAC5-490-40. Labeling.
No person may produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth, or bring into, send into, or receive into the Commonwealth any milk, milk product, or condensed and dry milk product for use in the commercial preparation of grade A pasteurized, ultra-pasteurized, aseptically processed and packaged, or retort processed after packaged milk or milk products that are not labeled in compliance with the following:
1. Each grade A permit holder's bottles, containers, and packages enclosing any milk or milk products shall be labeled in accordance with the requirements of the Federal Food, Drug, and Cosmetic Act, as amended; the Nutrition Labeling and Education Act (NLEA) of 1990, and regulations developed thereunder; and the Food Allergen Labeling and Consumer Protection Act of 2004;
2. The grade A permit holder shall label or mark all bottles, containers, and packages enclosing any milk or milk products with:
a. The name of a defined milk product, if there is a definition, and if there is no definition, a name that is not false or misleading;
b. The word "reconstituted" or "recombined" if the milk product is made by reconstitution or recombination;
c. The term "grade A" located on the exterior of the package on the principal display panel, the secondary or informational panel, or the cap or cover;
d. The identity of the plant where the grade A permit holder's milk or milk product is pasteurized, ultra-pasteurized, aseptically processed and packaged, or retort processed after packaged by specifying:
(1) The street address, city, state, and zip code of the plant; or
(2) The code assigned the plant under the National Uniform Coding System for Packaging Identification of Milk and Milk Product Processing Plants;
e. In the case of concentrated milk or concentrated milk products the volume or proportion of water to be added for recombining;
f. The name of the milk product that the concentrated milk product will produce, which name shall be preceded by the term "concentrated." In the case of flavored milk or flavored reconstituted milk, the grade A permit holder shall substitute the name of the principal flavor for the word "flavored";
g. In the case of aseptically processed and packaged milk and milk products or retort processed after packaged milk and milk products, the words "keep refrigerated after opening";
h. In the case of aseptically processed and packaged milk or milk products, the term "UHT" ultra-high-temperature;
i. The term "ultra-pasteurized" if the milk or milk product has been ultra-pasteurized;
j. The term "goat" preceding the name of the milk or milk product when the milk or milk product is goat milk or is made from goat milk;
k. The term "sheep" preceding the name of the milk or milk product when the milk or milk product is sheep milk or is made from sheep milk;
l. The term "water buffalo" preceding the name of the milk or milk product when the milk or milk product is water buffalo milk or is made from water buffalo milk;
m. As in the case of cow's milk, goat's milk, sheep's milk, and water buffalo's milk, the common or usual name of the mammal from which the milk was obtained shall precede the name of the milk, milk product, condensed milk, condensed milk product, dry milk, or dry milk product;
n. The information appearing on the label of any bottle, container, or package of milk or milk product shall contain no marks, pictures, graphics, endorsements, or words that are misleading;
o. The "pull date" shall not interfere with the legibility of other labeling required for the milk or milk product and shall be expressed by the first three letters in the name of the month, followed by or preceded by the numeral or numerals constituting the calendar date after which the product shall not be sold or expressed numerically by the number of the month followed by the number of the day. For example, June 1 shall be expressed "JUN 1," "1 JUN," "06 01," or "06-01";
p. The grade A permit holder who operates a milk plant and offers for sale milk or milk product within the Commonwealth shall file and certify with the state regulatory agency the maximum number of days after manufacturing or processing the grade A permit holder's milk or milk products that will be used to determine the "pull date." The grade A permit holder shall establish a "pull date" that under normal storage the milk or milk product meets for a minimum of 96 hours after the "pull date," standards set by this chapter;
q. No person may sell or offer for sale any packaged grade A pasteurized milk, grade A pasteurized milk product, or milk product after the date of the "pull date" on the package;
r. No person may sell or offer for sale any grade A pasteurized milk, grade A pasteurized milk product, or milk product in a package that does not bear the "pull date";
s. Nothing in this chapter shall apply to containers of grade A pasteurized milk, grade A milk products, or milk products that are not to be sold in the Commonwealth; and
t. In the case of condensed or dry milk products, the label shall also contain (i) the identity of the state regulatory agency issuing the processing plant's permit; (ii) the identity of the distributor if the condensed or dry milk products are distributed by a party other than the processing plant, the name and address of the distributor shall also be shown by a statement such as "distributed by"; (iii) the code or lot number identifying the contents with a specific date, run, or batch of the product; and (iv) a statement of the quantity of the contents of the container.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from VR115-05-01 § 4, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; Volume 23, Issue 20, eff. May 23, 2007; Volume 27, Issue 9, eff. December 10, 2010; Volume 31, Issue 12, eff. January 21, 2015; Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-50. Quality standards for milk and milk products.
A. No person may produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth, or bring, send, or receive into the Commonwealth, grade A raw milk or milk product for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processed after packaging that does not comply with the following standards:
1. The temperature of the raw milk shall be cooled to 40°F or cooler, but not frozen, within two hours after milking and the temperature after the first or any subsequent milking shall not be warmer than 50°F;
2. The bacteria count of raw cow's milk shall not exceed 50,000 bacteria per milliliter prior to commingling with any other milk; and the bacteria count of raw cow's milk that is commingled shall not exceed 300,000 bacteria per milliliter prior to pasteurization;
3. The bacteria count of raw sheep's milk, raw goat's milk, raw water buffalo's milk, or raw milk from any other hooved mammal shall not exceed 100,000 bacteria per milliliter prior to commingling with any other milk; and the bacteria count of raw sheep's milk, raw goat's milk, raw water buffalo's milk, or raw milk from any other hooved mammal that is commingled shall not exceed 300,000 bacteria per milliliter prior to pasteurization; and
4. The somatic cell count of raw cow's milk shall not exceed 500,000 somatic cells per milliliter. The somatic cell count of raw water buffalo's milk, raw sheep's milk, or raw milk from any other hooved mammal shall not exceed 750,000 somatic cells per milliliter. The somatic cell count of raw goat's milk shall not exceed 1,500,000 somatic cells per milliliter.
B. Each person who holds a grade A permit to produce raw milk for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processed after packaging shall:
1. Offer for sale or sell no milk that has passed through any equipment if the milk-contact surfaces of the equipment are no longer visible or are covered or partially covered by an accumulation of milk solids, milk fat, cleaning compounds, or other soils. Any milk that passes through equipment, the milk-contact surfaces of which are no longer visible or are covered or partially covered by an accumulation of milk solids, milk fat, cleaning compounds, or other soils, shall be deemed adulterated (Item 10r);
2. Provide covered trash containers when individual sanitary towels are used (Item 16r);
3. Cool to 40°F or cooler (but not freeze) all raw milk for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processed after packaging within two hours after the grade A permit holder completes milking and ensure that the temperature of the grade A permit holder's raw milk is not warmer than 50°F after the first milking or any subsequent milking. Raw milk for pasteurization that is warmer than a temperature of 50°F after the first milking or any subsequent milking shall be deemed a public health hazard and shall not be offered for sale or sold (Item 18r);
4. Agitate all raw milk for pasteurization for not less than five minutes at least once every hour; assure that the milk in the farm's bulk milk cooling or holding tank covers the agitator paddle sufficiently to facilitate proper cooling and sampling after the completion of the first milking; and abstain from selling or offering for sale milk that does not cover the agitator paddle sufficiently to facilitate proper cooling and sampling after the completion of the first milking (Item 18r);
5. Equip all farm bulk milk tanks with an approved temperature-recording device (Item 18r); and
6. Maintain the milkroom free of insects, rodents, and other animals (Item 19r).
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from VR115-05-01 § 5, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; Volume 23, Issue 20, eff. May 23, 2007; Volume 27, Issue 9, eff. December 10, 2010; Volume 31, Issue 12, eff. January 21, 2015; Volume 35, Issue 20, eff. May 27, 2019; Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-60. (Repealed.)
Historical Notes
Derived from VR115-05-01 § 6, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; Volume 23, Issue 20, eff. May 23, 2007; Volume 31, Issue 12, eff. January 21, 2015; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-70. (Repealed.)
Historical Notes
Derived from VR115-05-01 § 7, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; Volume 23, Issue 20, eff. May 23, 2007; Volume 31, Issue 12, eff. January 21, 2015; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-73. (Repealed.)
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; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-75. Sale of unpasteurized milk for human consumption prohibited.
No person may offer to sell or sell, barter, trade, or accept any goods or services in exchange for unpasteurized milk if the unpasteurized milk is intended for human consumption.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 23, Issue 20, eff. May 23, 2007.
2VAC5-490-80. (Repealed.)
Historical Notes
Derived from VR115-05-01 § 8, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; Volume 23, Issue 20, eff. May 23, 2007; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-90. (Repealed.)
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from VR115-05-01 § 9, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; Volume 23, Issue 20, eff. May 23, 2007; Volume 31, Issue 12, eff. January 21, 2015; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-100. (Repealed.)
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from VR115-05-01 § 10, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; Volume 31, Issue 12, eff. January 21, 2015; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-103. Equipment and facilities; accessibility for inspection.
Each grade A permit holder shall ensure that his facilities and equipment are accessible for inspection by complying with the following:
1. Concrete lids, covers, and access doors to each well house, water supply, or pump house shall be easily lifted or opened by a single person and require the person to lift no more than 80 pounds to gain free access to the facilities for inspection;
2. If the permit holder locks any portion of his facilities requiring inspection, the permit holder, upon request, shall provide the state regulatory agency with keys to open the facilities, or the combination code for each lock to unlock the facilities, or the permit holder shall ensure that he or his agent is always available on the premises to provide access to the locked facilities during all normal inspection times;
3. If the permit holder installs floor mats on cow standing surfaces in the milking parlor or barn, the entire area of the floor underneath of the floor mats shall be accessible for inspection by a single person working continuously for 20 minutes including the time necessary to lift and replace the floor mats on the floor;
4. If the permit holder installs any equipment that requires tools to be disassembled for inspection, the permit holder shall provide the tools freely accessible to the state regulatory agency during all normal inspection times;
5. If the permit holder installs any equipment requiring inspection in an attic, loft, pit, or other area requiring a ladder for access, the permit holder shall provide a ladder convenient to each of these areas during all normal inspection times; and
6. If the permit holder installs any milk lines or other milking equipment, milk transfer or wash solution lines in an attic, loft, pit, or other area not visible from below by the state regulatory agency, the permit holder shall ensure that all fittings and joints are welded and contain no gaskets or joints that could leak and that the interior surfaces of all milk lines or other milking equipment, milk transfer or wash solution lines is fully accessible for inspection from outside the attic, loft, pit, or other area not visible from below.
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, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
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.
2VAC5-490-110. Personnel health.
A. No person affected with any disease in a communicable form, or while a carrier of a communicable disease, may work at any dairy farm or milk plant in any capacity that brings the person into contact with the production, handling, storage, or transportation of milk or milk products, or into contact with milk or milk product containers, equipment, or utensils.
B. No person holding a grade A permit may employ any person having, or suspected of having, any disease in a communicable form, or of being a carrier of a communicable disease.
C. Any grade A permit holder who produces or distributes milk or milk products, or condensed or dry milk products upon whose dairy farm, or in whose milk plant any communicable disease occurs, or who suspects that any employee has contracted any disease in a communicable form, or has become a carrier of a communicable disease, shall notify the state regulatory agency immediately.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from VR115-05-01 § 11, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; Volume 23, Issue 20, eff. May 23, 2007; Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-120. (Repealed.)
Historical Notes
Derived from VR115-05-01 § 12, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; Volume 23, Issue 20, eff. May 23, 2007; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-130. (Repealed.)
Historical Notes
Derived from VR115-05-01 § 13, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; repealed, Virginia Register Volume 23, Issue 20, eff. May 23, 2007.
2VAC5-490-131. HACCP program participation voluntary.
Each person operating a milk plant, receiving station, or transfer station and participating in the voluntary HACCP program shall have a minimum of 60 days of HACCP system records prior to a HACCP listing audit. Each milk plant, receiving station, or transfer station shall be inspected and permitted initially by the state regulatory agency and shall be regulated initially under the requirements of this chapter without taking into consideration the provisions of this part until the state regulatory agency conducts an acceptable HACCP listing audit documenting the successful implementation of a fully functioning HACCP system in the person's milk plant, receiving station, or transfer station.
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.
2VAC5-490-132. Prerequisite programs.
Each person operating a milk plant, receiving station, or transfer station and participating in the voluntary HACCP program shall provide complete, up-to-date process flow diagrams for all grade A milk, milk products, condensed milk, condensed milk products, dry milk, or dry milk products prior to developing the HACCP plan.
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, Virginia Register Volume 31, Issue 12, eff. January 21, 2015; Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-133. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 23, Issue 20, eff. May 23, 2007; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-134. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 23, Issue 20, eff. May 23, 2007; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-135. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 23, Issue 20, eff. May 23, 2007; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-136. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 23, Issue 20, eff. May 23, 2007; amended, Virginia Register Volume 31, Issue 12, eff. January 21, 2015; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-137. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 23, Issue 20, eff. May 23, 2007; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-138. (Repealed.)
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; repealed, Virginia Register Volume 36, Issue 14, eff. March 2, 2020.
2VAC5-490-140. Enforcement.
A. The administrative procedures used to conduct case decisions under this chapter shall conform to the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
B. The state regulatory agency shall comply with the following administrative procedures when summarily suspending a grade A permit as specified in 2VAC5-490-31 B:
1. The state regulatory agency shall serve upon the grade A permit holder a written notice of suspension. The written notice of suspension shall specify the violations in question and inform the grade A permit holder of the right to appear before the state regulatory agency in person, by counsel, or by other qualified representative at a fact-finding conference for the informal presentation of factual data, arguments, and proof to appeal this determination of violation;
2. Upon receipt of written application from any person whose grade A permit has been summarily suspended (within 30 days after the effective date of the summary suspension) the state regulatory agency shall within seven days after the date of receipt by the state regulatory agency of a written application from any person whose grade A permit has been summarily suspended proceed to hold an informal fact-finding conference to ascertain the facts of the violations in question and upon evidence presented at the informal fact-finding conference shall affirm, modify, or rescind the summary suspension;
3. The state regulatory agency shall, unless the parties consent, ascertain the fact basis for their decisions of cases through informal conference proceedings. Such conference proceedings include the rights of parties to the case to have reasonable notice thereof, to appear in person or by counsel or other qualified representative before the state regulatory agency for the informal presentation of factual data, argument, or proof in connection with any case, to have notice of any contrary fact basis or information in the possession of the agency that can be relied upon in making an adverse decision, to receive a prompt decision of any application for license, benefit, or renewal thereof, and to be informed, briefly and generally in writing, of the factual or procedural basis for an adverse decision in any case;
4. No person whose grade A permit has been summarily suspended may be granted an informal fact-finding conference by the state regulatory agency unless the state regulatory agency receives the person's written application within 30 days after the effective date of the summary suspension;
5. From any adverse decision of an informal fact-finding conference, the grade A permit holder may request a formal hearing under § 2.2-4020 of the Code of Virginia by writing the Program Manager of the Office of Dairy and Foods within 30 days stating the request and by providing the state regulatory agency with a statement of the issues in dispute. If the request for a formal hearing is denied, the state regulatory agency shall notify the grade A permit holder in writing and further may affirm or modify the decision of the informal fact-finding conference; and
6. If a formal hearing is denied, the state regulatory agency shall notify the grade A permit holder of the right to file an appeal in the circuit court.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Historical Notes
Derived from VR115-05-01 § 14, eff. October 15, 1986; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 9, Issue 23, eff. September 8, 1993; Volume 23, Issue 20, eff. May 23, 2007; Volume 27, Issue 9, eff. December 10, 2010; Volume 31, Issue 12, eff. January 21, 2015; Volume 36, Issue 14, eff. March 2, 2020.
Forms (2VAC5-490)
Dairy Farm Inspection Report, ODF-DS-102 (rev. 2/2018)
Application for a Dairy Farm Permit, ODF-DS-100 (rev. 4/2018)
Documents Incorporated by Reference (2VAC5-490)