Administrative Code

Virginia Administrative Code
11/27/2021

Chapter 230. Rules and Regulations Applicable to Controlled Atmosphere (Ca) Apples

2VAC5-230-10. Requirements for controlled atmosphere (CA) storage of apples.

Apples shall not be identified as being from controlled atmosphere (CA) storage unless the following requirements have been met, as proven by inspection and certification by the Commissioner of Agriculture and Consumer Services.

1. The time limit between the harvest of a lot or sublot of apples to be identified as Controlled Atmosphere and the sealing of the CA room in which they are stored shall not exceed 30 days, provided that the fruit has been held under normal refrigeration during this period.

2. Following the initial sealing of the CA storage room, total accumulation of not more than 20 days shall be allowed in which the atmosphere exceeds 5.0% oxygen.

3. The period of storage in a sealed room with not more than 5.0% oxygen shall be a minimum of 90 days (except in the case of the Jonathan variety, which may be removed after a minimum period of 60 days). The maximum period of storage in a sealed room shall be 10 months, but in no case shall the apples be kept later than August first of the year following the harvest.

4. The fruit temperature in the CA storage room shall be maintained without significant deviation in the range of temperature normal for the variety.

Statutory Authority

§ 3.2-4601 and 3.2-4605 of the Code of Virginia.

Historical Notes

Derived from VR115-03-01 § 1, eff. April 16, 1987.

2VAC5-230-20. Daily records.

The registered owner or operator of a controlled atmosphere storage shall maintain, and make available for examination by the commissioner, an accurate daily record for each room showing its utilized capacity, date and time of test or reading, percentage of oxygen, percentage of carbon dioxide, temperature, and relative humidity. The record shall begin on the date the filling of the room begins and shall show the daily cumulative quantity of fill by variety and lot identification, and the dates of sealing and opening. Any deviation from the required atmospheric conditions, including entry and resealing, shall be recorded.

The owner or operator shall submit a written report to the commissioner within 30 days after the room is filled, showing the quantity, the lot or sublot identity of the apples, and the date of sealing. If any apples other than samples are removed prior to the expiration of the minimum holding period or final opening, he shall notify the commissioner in writing within three days, stating the quantity and identity of apples removed.

Statutory Authority

§ 3.2-4601 and 3.2-4605 of the Code of Virginia.

Historical Notes

Derived from VR115-03-01 § 2, eff. April 16, 1987.

2VAC5-230-30. Requirements for selling (CA) apples.

Any person selling (or placing in transit for first shipment or delivery) any apples identified as being from controlled atmosphere shall provide an invoice which shows the assigned identification number and the original certificate number, as required by § 3.2-4608 of the Code of Virginia. Enforcement officials may investigate and examine records and invoices relating to any transactions in connection with this chapter in order to confirm that apples have met these requirements.

Statutory Authority

§§ 3.2-4601 and 3.2-4605 of the Code of Virginia.

Historical Notes

Derived from VR115-03-01 § 3, eff. April 16, 1987; amended, Virginia Register Volume 25, Issue 11, eff. March 4, 2009.

2VAC5-230-40. Registration requirements.

A. The registration number or other identification required to be marked on closed master containers shall be in letters and figures at least one-fourth inch in height.

B. Sublot designation is permissible for additional identification purposes.

Statutory Authority

§ 3.2-4601 and 3.2-4605 of the Code of Virginia.

Historical Notes

Derived from VR115-03-01 § 4, eff. April 16, 1987.

2VAC5-230-50. CA registration by other states.

Any person who owns or operates a controlled atmosphere room, or storage building, or who engages in the business of packing or repacking apples which have been held in controlled atmosphere storage where business is local or outside Virginia and who intends to, or does, market in the Commonwealth of Virginia apples so treated and represented as having been exposed to "controlled atmosphere" storage shall register with the commissioner in the same manner as any person within this Commonwealth. Provided, however, that where such person has registered with the proper authorities in the state of origin and has been assigned a comparable registration number or CA identification number under the authority of laws or regulations of such state, he may use that registration if that state has laws or regulations comparable to the CA provisions of § 3.2-4603 of the Code of Virginia and this chapter.

Statutory Authority

§§ 3.2-4601 and 3.2-4605 of the Code of Virginia.

Historical Notes

Derived from VR115-03-01 § 5, eff. April 16, 1987; amended, Virginia Register Volume 25, Issue 11, eff. March 4, 2009.

2VAC5-230-60. Inspection and certification fees.

The authority of the board contained in § 3.2-4605 of the Code of Virginia to prescribe fees for the inspection and certification of CA apples is delegated to the commissioner.

Statutory Authority

§§ 3.2-4601 and 3.2-4605 of the Code of Virginia.

Historical Notes

Derived from VR115-03-01 § 6, eff. April 16, 1987; amended, Virginia Register Volume 25, Issue 11, eff. March 4, 2009.

FORMS (2VAC5-230).

Controlled Atmosphere Registration Application (Apples), eff. 1994.

CA Sealing Report for Controlled Atmosphere Storage--Apples, eff. 1994.

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