Administrative Code

Virginia Administrative Code
6/22/2024

Part I. General Provisions

12VAC5-165-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Action level" means the limit established for a deleterious substance present in a product or the environment, above which level prescribed actions by the division may be required to protect public health.

"Certificate of Inspection" means a numbered certificate issued by the division to a shipper after an inspection confirms compliance with applicable regulations and standards.

"Certification number" means a unique number assigned to each shipper upon issuance of a Certificate of Inspection.

"Certified laboratory" means a laboratory certified by the U.S. Food and Drug Administration for analysis of food products.

"Critical Control Point" or "CCP" means a point, step or procedure in a food process at which control can be applied, and a food safety hazard can, as a result, be prevented, eliminated or reduced to acceptable numbers.

"Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to prevent, eliminate, or reduce to an acceptable level the occurrence of the identified food safety hazard.

"Division" means the Division of Shellfish Sanitation of the Virginia Department of Health.

"Establishment" means any vehicle, vessel, property, or premises where crustacea, finfish or shellfish are transported, held, stored, processed, packed, repacked or pasteurized in preparation for marketing.

"HACCP plan" means a written document that delineates the formal procedures that a dealer follows to implement a Hazard Analysis Critical Control Point methodology to assure food safety.

"Hazard analysis" means a process used to determine whether there are food safety hazards that are reasonably likely to occur while repacking crab meat and to identify the preventive measures that the repacker can apply to control those hazards.

"Importer" means either the owner or consignee at the time of entry of the crab meat into the United States, or the agent or representative of the foreign owner or consignee at the time of entry into the United States, who is responsible for ensuring that goods being offered for entry into the United States are in compliance with all laws affecting the importation.

"Lot" means repacked crab meat that bears the same repack date and source code.

"Preventive measure" means actions taken to prevent or control a food safety hazard.

"Principal display panel" means the part of a label that is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale.

"Processing" means cooking, picking, packing, repacking or pasteurizing crab meat.

"Processor" means any person engaged in commercial, custom, or institutional processing of crab meat, either in the United States or in a foreign country.

"Repacker" means a person who operates an establishment that transfers crab meat from a container originally packed by another establishment to another container.

"Repacking operation" means a process of transferring crab meat from the original shipper's packing container to a different packing container, including all steps beginning with the removal of the original containers of meat from the repacker's refrigeration and ending with the repacked crab meat in properly identified containers placed into refrigeration.

"Shipper" means a person who operates an establishment for the cooking, picking, repacking or pasteurizing of crab meat.

"Source code" means a code designated by the repacker which represents the crab processing facility where crab meat was obtained.

Statutory Authority

§ 28.2-801 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 16, eff. May 24, 2000; amended, Virginia Register Volume 32, Issue 5, eff. December 2, 2015.

12VAC5-165-20. Compliance with the Administrative Process Act.

The provisions of the Virginia Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia) shall govern the promulgation and administration of these regulations and shall be applicable to the appeal of any case decision based upon this chapter.

Statutory Authority

§§ 28.2-801, 28.2-803 and 28.2-806 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 16, eff. May 24, 2000.

12VAC5-165-30. Powers and procedures of regulations not exclusive.

The commissioner may enforce this chapter through any means lawfully available.

Statutory Authority

§§ 28.2-801, 28.2-803 and 28.2-806 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 16, eff. May 24, 2000.

12VAC5-165-40. Certificate of Inspection required.

No person, firm or corporation shall operate an establishment for the repacking or relabeling of crab meat until the establishment first obtains the approval of the State Health Commissioner in the form of a Certificate of Inspection. Application for a Certificate of Inspection shall be submitted to the appropriate field office or central office.

Statutory Authority

§§ 28.2-801, 28.2-803 and 28.2-806 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 16, eff. May 24, 2000.

12VAC5-165-50. Hazard Analysis Critical Control Point (HACCP) plan.

An establishment for the repacking or relabeling of crab meat shall have and maintain an approved Hazard Analysis Critical Control Point (HACCP) plan to include, at a minimum, the following:

1. A hazard analysis;

2. The identification of preventive measures;

3. The identification of critical control points;

4. The establishment of critical limits for each critical control point;

5. The monitoring records of each critical control point;

6. The establishment of corrective action when a critical limit deviation occurs;

7. The establishment and maintenance of a recordkeeping system; and

8. The establishment of verification procedures.

Statutory Authority

§§ 28.2-801, 28.2-803 and 28.2-806 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 16, eff. May 24, 2000.

12VAC5-165-60. Scope of embargo.

In the event of a recall or embargo of repacked crab meat, the entire production bearing the lot number will normally be recalled or embargoed, unless a verifiable sublot coding system has been used.

Statutory Authority

§§ 28.2-801, 28.2-803 and 28.2-806 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 16, Issue 16, eff. May 24, 2000.

12VAC5-165-70. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 16, Issue 16, eff. May 24, 2000; repealed, Virginia Register Volume 32, Issue 5, eff. December 2, 2015.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.