LIS

Administrative Code

Virginia Administrative Code
2/16/2025

Chapter 510. Regulations Governing the Production, Processing, and Sale of Ice Cream, Frozen Desserts, and Similar Products

Part I
Definitions

2VAC5-510-10. Definitions.

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

"3-A Accepted Practices" means the accepted practices published by 3-A Sanitary Standards, Incorporated and indexed in the 3-A Sanitary Standards and 3-A Accepted Practices, effective March 1, 2024.

"3-A Sanitary Standards" means the standards for dairy equipment published by 3-A Sanitary Standards, Incorporated and indexed in the 3-A Sanitary Standards and 3-A Accepted Practices, effective March 1, 2024.

"Adulterated milk, milk products, and frozen desserts" means any milk, milk products, other frozen dessert ingredient, frozen desserts, or frozen desserts mix that meets one or more of the conditions specified in 21 USC § 342.

"Cleaned in place" or "CIP" means the procedure by which equipment is mechanically cleaned in place by circulation of wash, rinse, and sanitizer solutions.

"Frozen dessert" means any of the following: ice cream, frozen custard, french ice cream, french custard ice cream, ice milk, fruit sherbet, water ice, nonfruit sherbet, nonfruit water ice, artificially sweetened ice cream or frozen dietary dairy dessert, artificially sweetened ice milk, frozen yogurt, quiescently frozen confection, quiescently frozen dairy confection, mellorine, parevine, lowfat parevine, freezer made milk shake, freezer made shake, those products manufactured or sold in semblance to or as substitutes for the foregoing frozen desserts, and any mix used in the freezing of the foregoing frozen desserts.

"Frozen desserts plant" means any place or premises where frozen desserts or mix are manufactured, processed, pasteurized, or frozen for distribution or sale.

"Harmless" means that a food or substance is generally recognized as safe, as prescribed in 21 CFR Parts 181 through 186.

"Misbranded" means a milk, milk product, other frozen dessert ingredient, frozen dessert, or frozen dessert mix that:

1. Bears on its container or is accompanied by any false or misleading written, printed, or graphic matter;

2. Does not conform to the product's definition established in this chapter; or

3. Is not labeled in accordance with 2VAC5-510-430.

"Official methods" means Official Methods of Analysis of AOAC International, a publication of the Association of Official Analytical Collaboration International.

"Pasteurization" or "pasteurized" means the process of heating, in approved and properly operated equipment, every particle of mix to any one of the following temperatures and holding at the temperature for the specified time:

1. Vat Pasteurization: 155°F (68.3°C) and holding at such temperature for at least 30 minutes.

2. HTST (high-temperature short-time) Pasteurization: 175°F (79.4°C) and holding at such temperature for at least 25 seconds.

Nothing contained in this definition shall be construed as barring any other method of process, or combination of times and temperatures, as may be demonstrated to be equally efficient.

"Permit" means the document issued by the Commissioner of Agriculture and Consumer Services pursuant to § 3.2-5214 of the Code of Virginia that authorizes a person to operate a frozen desserts plant.

"Permit holder" means the entity that is legally responsible for the operation of the frozen desserts plant, such as the owner, the owner's agent, or other person, and that possesses a valid permit to operate a frozen desserts plant.

"Person" means any individual, partnership, corporation, company, firm, trustee, or association.

"Plant" means any place, premise, or establishment where milk or dairy products are received or handled for processing or manufacturing the products defined in this chapter.

"Powder" or "dry frozen desserts mix" means a frozen desserts mix in a dry form.

"Standard methods" means Standard Methods for the Examination of Dairy Products, a publication of the American Public Health Association.

"State Regulatory Agency" means the Commissioner of Agriculture and Consumer Services or the commissioner's agent or the State Health Commissioner or the commissioner's agent when such person is carrying out any duty assigned to such commissioner in the Milk, Milk Products, and Dairies Law (§ 3.2-5200 et seq. of the Code of Virginia).

"Summarily suspend" means the immediate suspension of a permit issued by the State Regulatory Agency without the opportunity for the permit holder to contest the suspension prior to the effective date and time of the suspension.

"VDACS" means the Virginia Department of Agriculture and Consumer Services.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

Part II
Intent, Scope, and Interpretation

2VAC5-510-20. Uniformity of enforcement.

A. The Virginia Board of Agriculture and Consumer Services hereby finds and declares that a uniform regulation is needed to govern the production, processing, labeling, and distribution of ice cream and similar products within the Commonwealth of Virginia. This chapter relating to ice cream and similar products shall be applicable throughout the Commonwealth of Virginia and shall be enforced on a statewide basis. Products produced, processed, or manufactured under the provisions of this chapter can be sold in all counties, cities, and towns in this state. The products shall not be subject to regulations by ordinance or otherwise to supervision or inspection by any political subdivision.

B. No regulation shall be construed to prohibit the sale of any imported dairy product within the Commonwealth if the laws and regulations of the exporting state or political subdivision thereof are substantially the same as this chapter, and if the laws and regulations are enforced with equal effectiveness as determined by VDACS or the Virginia Department of Health.

C. Unless otherwise provided by state law or by regulation of the Virginia Board of Agriculture and Consumer Services, this chapter shall be interpreted and enforced where applicable with administrative procedures and recommended regulations of the U.S. Department of Health and Human Resources and the U.S. Department of Agriculture.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 2.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part III
Standardized Frozen Desserts and Related Products

2VAC5-510-30.  Ice cream and frozen custard.

A. Ice cream or frozen custard is the food prepared from the same ingredients and in the same manner, including labeling, as prescribed in 21 CFR 135.110 or 21 CFR 135.115.

B. Ice cream mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, produces a product conforming to the description of "ice cream" in 21 CFR 135.110 or "goat's milk ice cream" in 21 CFR 135.115.

C. Frozen custard mix, french ice cream mix, or french custard ice cream mix is the pasteurized unfrozen combination of ingredients that, when frozen while stirring, produces products conforming to the description of "frozen custard," "french ice cream," or "french custard ice cream" in 21 CFR 135.110 or "goat's milk frozen custard," "goat's milk french ice cream," or "goat's milk french custard ice cream" in 21 CFR 135.115.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 3.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-40. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-50. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.3, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-60. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.4, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-70. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.5, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-80. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.6, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-90.  Sherbets.

A. Sherbet is the food prepared from the same ingredients and in the same manner, including labeling, as prescribed in 21 CFR 135.140.

B. Sherbet mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, produces a product conforming to the description of "sherbet" in 21 CFR 135.140.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 3.7, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-100. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.8, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-110.  Water ices.

A. Water ices are the foods that are prepared from the same ingredients and in the same manner, including labeling, as prescribed in 21 CFR 135.160.

B. Water ice mix is the unfrozen combination of ingredients that, when frozen while stirring, produces a product conforming to the description of "water ices" in 21 CFR 135.160.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 3.9, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-120. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.10, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-130. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.11, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-140. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.12, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-150. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.13, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-160. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.14, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-170. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.15, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-180. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.16, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-190. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.17, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-200. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.18, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-210. Frozen yogurt.

A. Frozen yogurt is a food that is prepared by freezing while stirring a pasteurized mix containing whole milk, partially defatted milk, skim milk, or other milk products and with or without fruits, nuts, flavoring materials, sweeteners, stabilizers, emulsifiers, and any other safe and suitable approved ingredient that is cultured after pasteurization by one or more strains of Lactobacillus delbrueckii subsp. bulgaricus and Streptcoccus thermophilus; provided, however, that fruits, nuts, or other flavoring materials may be added before or after the mix is pasteurized and cultured. The standard plate count requirement for frozen desserts shall apply only to the mix prior to culturing. The finished frozen yogurt shall weigh not less than five pounds per gallon. The name of the product is "frozen yogurt." The label on a package of frozen yogurt, in addition to other required information, shall include a complete list of all ingredients in descending order or predominance; for the purposes of Part III (2VAC5-510-30 et seq.) of this chapter, the strains of bacteria may be collectively referred to as yogurt culture.

B. Frozen yogurt mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the definition of frozen yogurt.

C. Frozen yogurt mix may be shipped in a frozen state.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 3.19, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-220. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.20, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-230. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.21, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-240. Quiescently frozen confection.

A. Quiescently frozen confection means the frozen, sweetened, flavored product in the manufacture of which freezing has not been accompanied by stirring or agitation, generally known as quiescent freezing. This confection may be acidulated with harmless organic acid, may contain milk products, may be made with or without added harmless natural or artificial flavoring, with or without added harmless coloring. The finished product shall not contain more than one-half of 1.0% by weight of stabilizing agents. The finished product shall contain not less than 17% by weight of total food solids. This confection must be manufactured in the form of servings, individually packaged, bagged, or otherwise wrapped, properly labeled and purveyed to the consumer in its original factory-filled package. In the production of this quiescently frozen confection, no processing or mixing prior to quiescent freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10%.

B. Quiescently frozen confection mix is the unfrozen combination of ingredients that, when frozen, will produce a product conforming to the definition of quiescently frozen confection.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 3.22, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-250. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.23, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-260. Quiescently frozen dairy confection.

A. Quiescently frozen dairy confection means the frozen product made from water, pasteurized milk products, and sweetening agents, with added harmless coloring, with or without added stabilizing and emulsifying ingredients, and in the manufacture of which freezing has not been accompanied by stirring or agitation, generally known as quiescent freezing. It contains not less than 13% by weight of total milk solids, not less than 33% by weight of total food solids, not more than one-half of 1.0% by weight of stabilizing agents, not more than one-fifth of 1.0% by weight of monoglycerides or diglycerides or a combination of both, and not more than one-tenth of 1.0% by weight of polysorbate 65 or polysorbate 80 or a combination of both. This confection must be manufactured in the form of servings individually packaged, bagged, or otherwise wrapped, properly labeled and purveyed to the consumer in its original factory-filled package. In the production of this quiescently frozen dairy confection, no processing or mixing prior to quiescent freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10%.

B. Quiescently frozen dairy confection mix is the pasteurized, unfrozen combination of ingredients that, when frozen, will produce a product conforming to the definition of quiescently frozen dairy confection.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 3.24, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-270. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.25, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-280. Manufactured desserts mix.

Manufactured desserts mix, whipped cream confection, or bisque tortoni means a pasteurized frozen dessert made with milk products, sweetening agents, flavoring agents, stabilizing agents, and emulsifying agents, with or without harmless coloring. It contains not less than 18% by weight of milkfat, not more than one-half of 1.0% by weight of stabilizing agents, not more than two-tenths of 1.0% by weight of monoglycerides or diglycerides of fat forming fatty acids or a combination of both, not more than one-tenth of 1.0% by weight of polyoxyethylene (20) sorbitan tristearate or polysorbate 80 (polyoxyethelene (20) sorbitan monooleate) or a combination of both, not more than 12% of milk solids not fat, and may be packaged with gas, as prescribed in 21 CFR Part 184, causing it to fluff upon ejection from the package or container.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 3.26, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-290. Mellorine.

A. Mellorine is the food prepared from the same ingredients and in the same manner, including labeling, as prescribed in 21 CFR 135.130.

B. Mellorine mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the description of mellorine in 21 CFR 135.130.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 3.27, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-300. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.28, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-310. Parevine.

A. Parevine is the food prepared by freezing while stirring a pasteurized mix composed of (i) one or more edible vegetable fats; (ii) any optional sweetening ingredient except lactose; and (iii) protein or any other source of carbohydrate food solids. Parevine shall not contain any milk or meat products or any derivatives of such products.

B. The fat content of parevine shall not be less than 10%, except that when bulky optional characterizing ingredients are used, the fat content may be reduced as a result of the addition of such ingredients, but shall in no case be less than 8.0%.

C. The content of food solids in parevine shall not be less than 1.3 pounds per gallon of the finished product.

D. The weight of the finished product shall not be less than 4.5 pounds per gallon.

E. Parevine shall be offered in the form of servings individually packaged, bagged, or wrapped and properly labeled and purveyed to the consumer in original plant-sealed container. When any artificial color or flavor is used in parevine directly or indirectly as a component of any other ingredient, then the label must bear the statement "Artificial color and flavor added," or similar words.

F. Parevine mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the description of parevine in this section.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 3.29, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-320. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.30, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-330. Lowfat parevine.

A. Lowfat parevine is the food prepared by freezing while stirring a pasteurized mix composed of (i) one or more edible vegetable fats; (ii) any optional sweetening ingredient except lactose; and (iii) protein or any other source of carbohydrate food solids. Lowfat parevine shall not contain any milk or meat products nor any derivatives of such products.

B. The fat content of lowfat parevine shall not be more than 6.0%.

C. The content of food solids in lowfat parevine shall not be less than 1.3 pounds per gallon of the finished product.

D. The weight of the finished product shall not be less than 4.5 pounds per gallon.

E. Lowfat parevine shall be offered in the form of servings individually packaged, bagged, or wrapped and properly labeled and purveyed to the consumer in original plant-sealed container. When any artificial color or flavor is used in lowfat parevine directly or indirectly as a component of any other ingredient, then the label must bear the statement "Artificial color and flavor added," or similar words.

F. Lowfat parevine mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the description of lowfat parevine in this section.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 3.31, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-340. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.32, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-350. Freezer made milk shake.

A. Freezer made milk shake means a pure, clean, wholesome semi-viscous drink prepared by stirring while freezing in a dispensing freezer a pasteurized mix obtained from an approved source consisting of milkfat, milk solids not fat, water, optional sweetening ingredients, with or without egg or egg products, with harmless flavoring, with or without harmless coloring, and with or without approved stabilizer or approved emulsifier. It shall contain not less than 3.25% milkfat. It shall contain not less than 10% milk solids not fat, not more than 0.5% by weight of stabilizer, and not more than one-fifth of 1.0% of emulsifier.

B. Other freezer made shakes, including jumbo shake, thick shake, T.V. shake, or any coined or trade name containing the word "shake" shall meet the requirements of subsection A of this section, except that the minimum percent of milkfat may be less than 3.25%.

C. "Shakes" not meeting the requirement for "milk" shakes shall not be advertised, sold, or served as a milk shake.

D. Freezer made milk shake mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the description of freezer made milk shake in this section.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 3.33, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-360. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.34, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-370. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.35, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-380. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.36, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-390. Imitation frozen desserts.

A. Imitation frozen dessert is any frozen substance, mixture, or compound, regardless of the name under which it is represented, that is made in imitation or semblance of ice cream or is prepared or frozen as ice cream is customarily prepared or frozen and that is not ice cream, frozen custard, french ice cream, french custard ice cream, ice milk, fruit sherbet, water ice, nonfruit sherbet, nonfruit water ice, artificially sweetened ice cream or frozen dietary dessert, artificially sweetened ice milk, frozen yogurt, quiescently frozen confection, quiescently frozen dairy confection, mellorine, parevine, lowfat parevine, or freezer made milk shake, as established by definitions and standards of identity in Part III (2VAC5-510-30 et seq.) of this chapter.

B. Powder or dry imitation frozen desserts mixes that contain no milk or other dairy product ingredients but contain dry whey, reduced minerals whey, whey protein concentrate, reduced lactose whey, or optional caseinates specified in 2VAC5-510-30 are exempted from the pasteurization requirements of Part XII (2VAC5-510-550 et seq.) of this chapter. The wheys, caseinates, or egg ingredients used in the formulation of these mixes shall have been pasteurized or subjected to any other method of process demonstrated to be equally efficient. Powder or dry imitation frozen dessert mixes shall contain no ingredients except those that are generally recognized as safe by the U.S. Food and Drug Administration or those that are permitted by this chapter in a frozen dessert.

C. No imitation frozen desserts shall be manufactured, sold, advertised, offered, or exposed for sale in the Commonwealth unless 30 days prior to such manufacture, advertisement, offer, exposure for sale, or sale, the manufacturer, offeror, or dealer files with the commissioner such intent. The filing required by this subsection shall be on forms supplied by the commissioner and shall include such information as the name under which the imitation frozen dessert is to be advertised or offered for sale, ingredients, including any optional ingredients, proportion of ingredients expressed in a percentage, method of preparation, and any other relevant information the commissioner may require.

D. Information filed pursuant to this section shall be confidential and used solely for administration and enforcement of this chapter.

E. Imitation frozen desserts shall be considered as frozen desserts in the enforcement of Parts IV (2VAC5-510-410 et seq.) through XIV (2VAC5-510-630 et seq.) of this chapter.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 3.37, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-400. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 3.38, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

Part IV
Adulterated or Misbranded Milk, Milk Products, Frozen Desserts or Frozen Desserts Mix

2VAC5-510-410. Prohibition.

No person shall produce, provide, sell, offer, or expose for sale, or have in possession with intent to sell any milk, milk product, other frozen dessert ingredients, frozen dessert or frozen dessert mix which is adulterated or misbranded.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 4.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-415. Recall plan.

A. Each permit holder shall develop a recall plan that, when implemented, will effectively protect the public from frozen dessert products that present a risk of illness, injury, or gross deception, or are otherwise defective. Each permit holder shall submit a recall plan to VDACS prior to the issuance of any frozen desserts plant permit. VDACS shall review the recall plan or require the recall plan to be modified by the permit holder. A permit holder shall review the permit holder's recall plan annually and each time the permit holder introduces a new product. Within the 60 days following a recall plan review, if the permit holder determines that modifications to the recall plan are necessary, the permit holder shall revise the recall plan and submit the revised plan to VDACS for approval.

B. A recall plan shall include provisions to provide the following information to VDACS:

1. Identity of the product involved in the recall;

2. Reason for the recall and the date and circumstances under which the product deficiency or possible deficiency was discovered;

3. Evaluation of the risk associated with the deficiency or possible deficiency;

4. Total amount of identified products produced and the time span of the production;

5. Total amount of identified products estimated to be in distribution channels;

6. Distribution information, including the identity of each person to which the identified product was sold and the number of identified products sold to each person;

7. Draft copy of the permit holder's proposed recall communication;

8. Proposed strategy for conducting the recall; and

9. Name and telephone number of the permit holder's representative who should be contacted concerning the recall.

C. Each permit holder shall promptly notify each of its affected direct accounts about a recall and shall prepare a recall communication to:

1. Clearly identify the product, size, lot number, code or serial number, and any other descriptive information to enable accurate and immediate identification of the recalled product;

2. Explain concisely the reason for the recall and the hazard involved, if any;

3. Provide specific instructions on what should be done with respect to the recalled product;

4. Require the affected direct account to report to the recalling firm the quantity of the recalled product that the affected direct account has in its possession;

5. State that further distribution or use of any remaining product should cease immediately; and

6. Where appropriate, state that the affected direct account should notify its customers who received the recalled product.

D. Each permit holder shall provide recall status reports to VDACS as requested by the VDACS until the recall is terminated. Each permit holder shall include in each recall status report the following information:

1. The number of affected direct accounts notified of the recall and the date and method of notification;

2. The number of affected direct accounts responding to the recall communication and the quantity of products in the affected direct account's possession at the time the recall communication was received;

3. The number and identity of the affected direct accounts that did not respond to the recall communication;

4. The number of products returned or corrected by each affected direct account that was contacted and the quantity of products that are accounted for;

5. The number of effectiveness checks that were made and the results of those checks; and

6. The estimated timeframe for completion of the recall.

E. Each permit holder shall implement its recall plan within eight hours after receipt of written notification to do so by VDACS. If the permit holder fails to implement its recall plan within the eight hours, VDACS may prepare and issue the recall communication.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

Part V
Permits

2VAC5-510-420. Issuing, suspension, and revocation of permits.

A. It shall be unlawful for any person who does not possess a permit from the Commissioner of Agriculture and Consumer Services to manufacture in the Commonwealth any food listed in § 3.2-5212 of the Code of Virginia.

B. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to persons or locations.

C. The State Regulatory Agency may immediately temporarily suspend such permit, without notice of hearing, whenever it has reason to believe that a public health hazard exists or is imminent, or in case of willful refusal to permit authorized inspection, provided that a formal notice and hearing shall be afforded such suspended permit holder within 72 hours of such suspension. In all other cases of violation of this chapter, the State Regulatory Agency may serve upon the holder a written notice of intent to suspend the permit. This notice shall specify the violations in question and may afford the holder a reasonable opportunity to correct the violations or the State Regulatory Agency shall afford the permit holder the opportunity for a formal hearing pursuant to § 2.2-4020 of the Code of Virginia before taking action to suspend or revoke a permit. A suspension of permit shall remain in effect until the violation has been corrected to the satisfaction of the State Regulatory Agency.

D. Upon gross or repeated violations, the State Regulatory Agency may revoke the permit following reasonable notice to the permit holder and an opportunity for a hearing. Nothing in this section is intended to preclude the institution of court action.

E. The State Regulatory Agency may cancel, suspend, revoke, or deny the permit of any person if:

1. The permit holder does not daily or on a regular basis produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth of Virginia ice cream, frozen desserts, or similar products;

2. The permit holder fails to provide at no cost to the State Regulatory Agency samples of ice cream, frozen desserts, or similar products in the permit holder's possession for testing by the State Regulatory Agency;

3. A public hazard exists that affects the permit holder's ice cream, frozen dessert, or similar products;

4. The permit holder or any agent of the permit holder has obstructed or interfered with the State Regulatory Agency in the performance of the State Regulatory Agency's duties;

5. The permit holder or any agent of the permit holder knowingly supplies false or misleading information to the State Regulatory Agency (i) in the person's application for a permit, (ii) concerning the identity of the person who will control the facility that is the subject of the permit, (iii) concerning any investigation conducted by the State Regulatory Agency, or (iv) concerning the location of any part of the permit holder's operation that is subject to a permit;

6. The permit holder fails to correct any deficiency that the State Regulatory Agency has cited in a written notice of intent to suspend the permit holder's permit, as a violation of this chapter;

7. The permit holder sells or offers to sell ice cream, frozen desserts, or similar products that violate any requirement of this chapter;

8. The most recent phosphate test on the permit holder's ice cream, frozen desserts, or similar products containing dairy violates the standard specified in this chapter;

9. The person manufactures, freezes, sells, offers or exposes for sale, or has in possession with the intent to sell any milk product, frozen dessert ingredients, or frozen dessert mix that is adulterated or misbranded or that does not conform to the product definition or of any requirement made and promulgated under this chapter; or

10. The State Regulatory Agency determines that conditions exist in a frozen desserts plant that would render such entity significantly out of compliance with an applicable provision of this chapter.

The State Regulatory Agency may summarily suspend a permit for violation of subdivision 4, 6, 7, 8, or 9 of this subsection.

F. The Commissioner of Agriculture and Consumer Services may suspend from sale or seize any frozen dessert product in violation of this chapter that is processed by any frozen desserts plant permit holder in lieu of suspending the frozen desserts plant permit holder's permit.

G. The Commissioner of Agriculture and Consumer Services may exempt a person who makes a frozen dessert and sells that frozen dessert directly to the consumer from the requirement to obtain a permit issued pursuant to § 3.2-5214 of the Code of Virginia. However, a person who pasteurizes the milk, milk products, or eggs used as ingredients in the frozen dessert is not eligible for this exemption.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 5.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

Part VI
Labeling

2VAC5-510-430. Name and address of manufacturer, statement of quantity, and product identity.

A. Any frozen dessert or frozen dessert mix in which a standard of identity has been established under Part III (2VAC5-510-30 et seq.) of this chapter shall be deemed to be misbranded if in container or package form unless it bears a label containing:

1. The name and address of the frozen desserts plant or retail establishment in which the frozen dessert or frozen dessert mix is manufactured or the name and address of the manufacturer's principal office and a code designation approved by the Commissioner of Agriculture and Consumer Services identifying the plant or establishment in which the food was manufactured.

2. An accurate statement of the quantity of content in terms of liquid measure.

3. The name of the frozen dessert or frozen dessert mix defined under the standards of identity of Part III of this chapter.

B. Where the frozen dessert or frozen dessert mix is not manufactured by the person whose name appears on the label, the label must identify the manufacturer by a code designation approved by the Commissioner of Agriculture and Consumer Services.

C. All labels must comply with the applicable requirements of 21 CFR Part 101 and any applicable requirements of 21 CFR Part 135.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 6.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part VII
Inspection of Frozen Desserts Plants

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

A. Each frozen desserts plant shall be inspected by the State Regulatory Agency prior to the issuance of a permit. Following the issuance of a permit, each frozen desserts plant 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 and Part X. Any violation of the same requirement of Part VIII or Part X on such second inspection shall be cause for permit suspension according to Part V (2VAC5-510-420 et seq.) of this chapter, or court action, or both.

B. A copy of each inspection report shall be provided to the operator or other responsible person or be posted in a conspicuous place inside the establishment. This inspection report shall not be defaced and shall be made available to the State Regulatory Agency upon request. Every plant or frozen desserts establishment operator shall, upon request of the State Regulatory Agency, permit access of officially designated persons to all parts of the operator's plant, establishment, or facilities at any reasonable time 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 that person's 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; Volume 41, Issue 10, eff. February 13, 2025.

Part VIII
Product Test Procedures and Quality Requirements - the Examination of Frozen Desserts and Their Ingredients

2VAC5-510-450. Product test procedures and the examination of frozen desserts and their ingredients.

A. At irregular intervals during any six month period, at least four samples of frozen desserts and pasteurized mix from each plant shall be taken and examined by the State Regulatory Agency. Samples of the frozen desserts or mix may be taken at any time prior to final delivery.

B. Frozen desserts and mixes imported and offered for sale in the Commonwealth of Virginia may be sampled and tested as deemed necessary for the State Regulatory Agency.

C. The products shall be tested in accordance with tests and examinations contained in Standard Methods for the Examination of Dairy Products or Official Methods of Analysis of AOAC International. A modified Roese-Gottlieb test, such as the Mojonnier or Dietert, may be used in making an official determination of the butterfat and total solids content of frozen dairy food products.

D. The bacterial quality of commingled milk and cream, and other dairy products for use in the manufacture of frozen desserts and mix, shall comply with Regulations Governing Milk for Manufacturing Purposes (2VAC5-531).

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 8.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-460.  Maximum allowable microbiological and temperature limits for pasteurized dairy ingredients, pasteurized and unpasteurized mixes, and frozen desserts.

Pasteurized5 mix, dairy ingredients, frozen desserts, and unpasteurized5 imitation mixes and imitation frozen desserts shall comply with the following standards:

Bacteria Count

Standard Plate Count
Not More Than1

Coliform
Presence Not More Than1

Storage Temp.

Milk

50,000/ml

10/ml

45°F (7.2°C)

Cream

50,000/ml

10/ml

45°F (7.2°C)

Fluid Dairy Ingredient

50,000/ml

10/ml

45°F (7.2°C)

Mix

50,000/gr

10/gr

45°F (7.2°C)2, 3, 6

Frozen Dessert (plain)

50,000/gr

10/gr4

1In three out of the last five consecutive samples taken by the State Regulatory Agency.

2This does not preclude holding mix at higher temperatures for a short period of time immediately prior to freezing where applicable to particular manufacturing or processing practices.

3This does not apply to sterilized mix in hermetically sealed containers.

420/gr. for chocolate, fruit, nuts, or other bulky flavored frozen desserts.

5The phenol value shall be no greater than the minimum specified for the particular product, as determined by the phosphatase test of the latest edition of "Standard Methods."

6This does not apply to powder or dry frozen desserts mix.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 8.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part IX
Enforcement; Ice Cream and Frozen Desserts Bacteriological, Cooling and Pasteurization Standards

2VAC5-510-470. Written notices, removal of products from sale, and permit suspension.

A. Whenever two of the last four consecutive bacteria counts, coliform determinations, or cooling temperatures taken on separate days exceed the limit of the standard for milk, cream, fluid dairy ingredients, frozen dessert mix, or frozen desserts, the State Regulatory Agency shall send a written notice of the exceedance to the person concerned. This notice shall be in effect so long as two of the last four consecutive samples exceed the limit of the standard. An additional sample of the product in violation shall be taken within 21 days of the sending of such notice, but not before the lapse of three days. Immediate suspension of permit or court action shall be instituted whenever the standard is violated by three of the last five bacteria counts, coliform determinations, or cooling temperatures.

B. The State Regulatory Agency may forgo suspension of the permit, provided that the products in violation are not sold or offered for sale.

C. Whenever a phosphatase test is positive, the cause shall be determined. Where the cause is improper pasteurization, it shall be corrected, and any product involved shall not be offered for sale.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 9.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part X
Specifications for Permitted Frozen Dessert Plants Premises, Buildings, Facilities, Equipment and Utensils

2VAC5-510-480. Plant premises.

The plant area and surroundings shall be kept clean, orderly and free from refuse and rubbish, smoke, excessive dust and air pollution, and strong or foul odors. A drainage system shall be provided for rapid drainage of all water from plant buildings, including surface water around the plant and on the premises.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 10.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987.

2VAC5-510-490. Building.

A. Construction, maintenance, and plants.

1. Buildings shall be of sound construction. The exterior and interior shall be kept clean and in good repair to protect against dust, dirt, and mold and to prevent the entrance or harboring of insects, rodents, vermin, and other animals.

2. In processing areas, outside doors, windows, skylights, and transoms shall be screened or otherwise covered. Such outside doors shall not open inward and shall be self-closing, and doors leading to processing rooms shall be sound and tight fitting. Windowsills on new construction shall be sloping. Outside conveyor openings and other special type outside openings for sanitary pipelines shall be covered when not in use, and service-pipe openings shall be completely cemented around the pipe opening or have tight metal collars.

3. All rooms, compartments, coolers, freezers, and dry storage space in which any raw material packaging, ingredient supplies, or finished products are handled, processed, manufactured, packaged, or stored shall be designed and constructed to ensure clean and orderly operations. Rooms for receiving milk shall be separated from the processing area by a partition or suitable arrangement of equipment or facilities to avoid contamination of milk or dairy products. Boiler and tool rooms shall be separated from other rooms. Toilet and dressing rooms shall be conveniently located and shall not open directly into any room in which milk, dairy products, or ingredients are handled, processed, packaged, or stored. Doors of all toilet rooms shall be self-closing, and fixtures shall be kept clean and in good repair.

4. Plans for new plant construction or major remodeling of existing plants shall be submitted to the State Regulatory Agency for approval prior to such new construction or remodeling.

B. Interior finishing.

1. In all rooms in which milk or dairy products are received and processed and where mix and frozen desserts are manufactured, packaged, or stored (except dry storage of packaging materials), or in which equipment or utensils are washed, the walls, ceilings, partitions, and posts shall be smoothly finished with a washable material of light color that is substantially impervious to moisture. A wainscoting of a suitable material in a darker color may be used to a height not exceeding 60 inches from the floor.

2. The floors in these rooms shall be of concrete or other impervious material and shall be smooth, properly graded to drain, and have drains trapped, except that freezers used for storing frozen desserts, frozen fruits, frozen eggs, and comparable ingredients need not be provided with floor drains, but the floors shall be sloped to drain to one or more exits and shall be kept clean. The plumbing shall be installed to prevent backup of sewage into the plant. On new construction or extensive remodeling, the floors shall be joined and coved with the walls to form watertight joints. Sound, smooth, wood floors may be used in certain packaging rooms where the nature of the product permits. Toilet and dressing rooms shall have impervious floors and smooth walls.

C. Ventilation and lighting.

1. All rooms and compartments, including storage space and toilet and dressing rooms, shall be ventilated to maintain sanitary conditions, prevent undue condensation of water vapor, and minimize or eliminate objectionable odors.

2. Lighting, whether natural or artificial, shall be of good quality and well distributed in all rooms and compartments. All rooms where milk, dairy products, or mix and frozen desserts are handled, processed, manufactured, or packaged, or where equipment or utensils are washed, shall have at least 30 foot-candles of light intensity on all working surfaces; areas where dairy products are examined for condition and quality, at least 50 foot-candles of light intensity; and all other rooms, at least five foot-candles of intensity measured 30 inches above the floor. Light bulbs and fluorescent tubes shall be protected against breakage.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 10.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-500. Facilities.

A. Water supply.

1. Both hot and cold water of safe and sanitary quality shall be available in sufficient quantity for all plant operations and facilities. Water from other lines, when officially approved, may be used for boiler feed water and condenser water if such water lines are completely separated from the water lines carrying the sanitary water supply and if the equipment is constructed and controlled to prevent contamination of any product or product contact surface. There shall be no cross-connections between safe and unsafe water lines or between private and public supply.

2. Bacteriological examination shall be made of the plant private water supply at least once every six months by the appropriate State Regulatory Agency to determine purity and safety for use in processing or manufacturing dairy products.

3. The results of all plant private water supply tests shall be kept on file at the plant for at least one year. Public water supply tests shall be made available to the State Regulatory Agency if requested.

B. Employee facilities.

1. In addition to toilet and dressing rooms, the plant shall provide the following employee facilities:

a. A locker or other suitable facility for each employee;

b. Hand washing facilities, including hot and cold running water under pressure and connected to the sewage system; soap or other detergents; and single service towels or an approved hand drying device where necessary for the cleanliness of all personnel handling products; and

c. Self-closing containers for used towels and other wastes.

2. A durable, legible sign shall be posted conspicuously in each toilet and dressing room directing employees to wash their hands before returning to work.

C. Steam. Steam shall be supplied in sufficient volume and pressure for satisfactory operation of each applicable piece of equipment. Steam that may come into direct contact with milk or dairy products shall be culinary steam. Culinary steam shall comply with the 3-A Accepted Practices, "Method of Producing Steam of Culinary Quality," Number 609-03 (3-A Sanitary Standards, Incorporated, adopted November 21, 2004).

D. Disposal of wastes. The plant sewage system shall have sufficient slope and capacity to remove readily all waste from processing operations. Where a public sewer is not available, wastes shall be disposed of by methods approved by the State Regulatory Agency. Containers for the collection and holding of wastes shall be constructed of metal or other equally impervious material, kept covered with tight-fitting lids, and placed outside the plant on a concrete slab or on a rack raised at least 12 inches; however, waste containers may be kept inside a suitable enclosed, clean, and fly-proof room. Solid wastes shall be disposed of regularly in an approved manner, and the containers cleaned before reuse.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 10.3, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-505. Rooms used for domestic purposes.

A. No facility, equipment, storage, or processing area that requires inspection may be accessed through any room used for domestic purposes or part of any room used for domestic purposes.

B. A toilet room used for domestic purposes shall be approved as complying with the requirements of this chapter only if (i) the toilet room is located within 300 feet of the processing facility and (ii) all labor utilized in the processing facility is provided by the permit holder's immediate family.

Statutory Authority

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

Historical Notes

Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-510. Equipment and utensils.

A. Construction and installation.

1. New equipment shall meet applicable 3-A Sanitary Standards. Equipment and utensils coming in contact with milk, dairy products, mix, or frozen desserts, including sanitary pumps, piping, fittings, and connections, shall be constructed of stainless steel or other equally corrosion-resistant and easily cleanable material. Where the use of stainless steel is not practicable, or in old equipment, other properly coated or plated metals may be approved temporarily. Nonmetallic parts having product contact surfaces shall be of materials that meet 3-A Sanitary Standards, "Multiple-Use Rubber and Rubber-Like Materials Used as Product Contact Surfaces in Dairy Equipment," Number 18-03 (3-A Sanitary Standards, Incorporated, effective August 21, 1999), and "Multiple-Use Plastic Materials Used as Product Contact Surfaces for Dairy Equipment," Number 20-27 (3-A Sanitary Standards, Incorporated, effective July 7, 2011).

2. Bulk storage and distribution equipment for handling liquid sweetening agents shall consist of suitable metals, alloys, or other materials that will withstand corrosive action by the ingredient, and the equipment and ingredients shall be protected from contamination.

3. All equipment and piping shall be designed and installed to be easily accessible for cleaning and shall be kept in good repair and free from cracks and corroded surfaces. Milk pumps shall be of a sanitary type and easily dismantled for cleaning or shall be of specifically approved construction to allow cleaning in place. New or rearranged equipment shall be set away from any wall or spaced in such a manner as to facilitate proper cleaning and to maintain good housekeeping. All parts or interior surfaces or equipment, pipes (except certain piping cleaned in place), or fittings, including valves and connections, shall be accessible for inspection. Cleaned-in-place sanitary piping and welded sanitary pipeline systems will be acceptable if properly engineered and installed according to 3-A Accepted Practices, "Permanently Installed Product and Solution Pipelines and Cleaning Systems Used in Milk and Milk Product Processing Plants," Number 605-04 (3-A Sanitary Standards, Incorporated, effective August 20, 1994).

B. Pasteurization equipment.

1. Pasteurization equipment shall comply with 3-A Accepted Practices, "Sanitary Construction, Installation, Testing, and Operation of High Temperature Short-Time and Higher-Heat Shorter-Time Pasteurizer Systems," Number 603-07 (3-A Sanitary Standards, Incorporated, effective November 21, 2005) and 3-A Sanitary Standards, "Non-Coiled Type Batch Pasteurizers for Milk and Milk Products," Number 24-03 (3-A Sanitary Standards, Incorporated, effective July 16, 2010).

2. Heat treatment equipment used to reach temperatures higher than commonly used for pasteurization shall comply with appropriate sanitary construction and operating procedures approved by the State Regulatory Agency.

3. Whenever it is necessary to break a seal on pasteurization equipment, this equipment shall be properly adjusted and placed in correct operation immediately. The breaking of the seal and the adjustment made shall be reported immediately to the State Regulatory Agency in order that the equipment can be officially checked and resealed.

C. Cleaning and sanitizing.

1. Equipment, sanitary piping, and utensils used in receiving, storing, processing, manufacturing, packaging, and handling milk, dairy products, mix, or frozen desserts, and all product contact surfaces of homogenizers, high-pressure pumps, and high-pressure lines shall be kept clean.

2. The packing glands on all agitators, pumps, and vats shall be inspected at regular intervals and kept clean.

3. After being cleaned and immediately before use, all equipment coming in contact with milk, dairy products, or mix or frozen desserts shall have an effective bactericidal or sanitizing treatment.

4. Before use, equipment not designed for CIP cleaning shall have been disassembled and thoroughly cleaned and sanitized. Dairy cleaners, wetting agents, detergents, sanitizing agents, or other similar material may be used that will not contaminate or adversely affect dairy products. Steel wool or metal sponges shall not be used in the cleaning of any dairy equipment or utensils.

5. CIP cleaning shall be used only on equipment and pipeline systems that are designed and engineered for that purpose. Installation and cleaning procedures shall comply with 3-A Accepted Practices, "Permanently Installed Product and Solution Pipelines and Cleaning Systems Used in Milk and Milk Processing Plants," Number 605-04 (3-A Sanitary Standards, Incorporated, effective August 20, 1994). An outline of the cleaning procedures to be followed shall be posted near the CIP equipment.

6. Applicable equipment and areas in the plant shall be thoroughly vacuumed regularly with a heavy-duty industrial vacuum cleaner. The material picked up shall be disposed of in a manner to destroy any insects present.

7. Exhaust stacks, elevators, and conveyors shall be inspected at regular intervals and kept clean.

8. Storage or holding tanks used to store milk, milk products, frozen desserts, or frozen desserts mix shall be cleaned and sanitized when empty and shall be emptied at least every 72 hours.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 10.4, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

Part XI
Vehicles; Reconstitution of Powder or Dry Frozen Desserts Mix

2VAC5-510-520. Vehicles.

A. A vehicle used to transport mix, frozen desserts, cream, milk, or dairy products shall be constructed and operated to protect the vehicle's contents from heat, sun, and contamination. The vehicle shall be kept clean, and no substance capable of contaminating mix, frozen desserts, cream, milk, or dairy products shall be transported in the vehicle. A vehicle transporting frozen desserts or mix to wholesale shall have the name of the distributor prominently displayed on the vehicle.

B. A covered or enclosed dock for loading, unloading, and washing tank trucks, and other facilities shall be available at all plants that receive or ship milk, fluid dairy ingredients, or frozen desserts mix in tanks. A plant shall provide approved equipment when deemed necessary by the State Regulatory Agency to prevent contamination of products while being loaded or unloaded in tank trucks.

C. Milk transport tanks, sanitary piping, fittings, and pumps shall be cleaned and sanitized after each use. Tanks and equipment shall be washed promptly after use and sanitized before use. After being washed and sanitized, each tank shall be identified by a tag that is attached to the outlet valve and that states the following information: (i) plant and specific location where cleaned, (ii) date and time of day of washing and sanitizing, and (iii) name of persons who washed and sanitized the tank. The tag shall not be removed until the tank is again washed and sanitized.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 11.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-530. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 11.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-540. Frozen desserts plants that reconstitute powder or dry frozen desserts mix.

A. Powder or dry frozen desserts mix shall be reconstituted with potable water in one of the following ways:

1. If the frozen desserts plant possesses and uses a mechanical means capable of cooling the reconstituted mix to 45°F (7.2°C) within four hours, cold tap water may be used.

2. If the frozen desserts plant does not possess or use a mechanical means capable of cooling the reconstituted mix to 45°F (7.2°C) within four hours, only potable water at a temperature of 40°F (4.4°C) or below shall be used.

B. Powder or dry frozen desserts mix is not required to be repasteurized after being reconstituted with water.

C. Powder or dry frozen desserts mix may be reconstituted with pasteurized milk at a temperature of 40°F (4.4°C) or below.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 11.3, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part XII
Plant Operations

2VAC5-510-550. Pasteurization of frozen dessert mix.

A. Except for flavoring ingredients, the entire mix shall be pasteurized after formulation. A frozen dairy dessert mix must be repasteurized at the receiving plant before being offered for sale, unless the State Regulatory Agency grants permission for the frozen dairy dessert mix to be sold without repasteurization. Pasteurized mix or frozen desserts shall not be permitted to come in contact with equipment or containers with which unpasteurized mix, frozen desserts, milk, or milk products have been in contact, unless such equipment has first been properly washed and sanitized.

B. All milk, milk products, eggs, egg products, cocoa, cocoa products, emulsifiers, stabilizers, vitamins, and liquid sweeteners shall be added to the frozen dessert before it is pasteurized, except when:

1. The frozen desserts plant demonstrates to the State Regulatory Agency's satisfaction that the addition of these ingredients prior to pasteurization will negatively impact the ability to produce the product or the quality of the product;

2. The frozen desserts plant maintains records that demonstrate to the State Regulatory Agency's satisfaction the science proving that the ingredients that are added after pasteurization are safe and suitable; or

3. The ingredients are safely and sanitarily added to the frozen dessert product.

C. Flavoring and coloring ingredients may be added after pasteurization when:

1. The ingredient has been subjected to a prior heat treatment sufficient to destroy pathogenic microorganisms;

2. The ingredient has 0.85% water activity (aw of 0.85) or less when the water activity is calculated by dividing the water vapor pressure of the ingredient by the vapor pressure of pure water when at the same temperature as the ingredient;

3. The ingredient has a high acid content (pH level of 4.6 or below when measured at 75°F (23.9°C)) or high alkalinity (pH level greater than 11 when measured at 75°F (23.9°C));

4. The ingredient's alcohol content is sufficient to ensure that pathogenic microorganisms will not be transferred to the final product;

5. The ingredient consists of safe and suitable bacterial cultures or enzymes;

6. The ingredient is dry sugar or salt; or

7. The ingredient is subjected to any process acceptable to the State Regulatory Agency that will ensure that the ingredient is free of pathogenic microorganisms.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 12.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-560. Cooling.

After heat treatment or pasteurization, processed fluid milk products, including mix except for sterilized mix in hermetically sealed containers, shall be cooled promptly to 45°F (7.2°C) or lower and maintained at that temperature until used, provided that storage or holding tanks used to store milk, milk products, frozen desserts, or frozen desserts mix shall be cleaned and sanitized when empty and shall be emptied at least every 72 hours. Fluid milk products may be held at higher temperatures for a short time immediately prior to freezing when applicable to particular manufacturing or processing practices.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 12.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-570. Storage.

A. Utensils and portable equipment used in processing operations shall be stored above the floor in clean, dry locations, and in self-draining positions on racks constructed of impervious, corrosion-resistant material.

B. Dripped or spilled products or ingredients shall not be sold for human consumption.

C. Dairy products, mix, or frozen dessert ingredients in dry storage shall be arranged in aisles, rows, sections, or lots, or in such other manner as to be orderly and easily accessible for inspection and to permit adequate cleaning of the room. Dunnage or pallets shall be used when appropriate. Dairy products, mix, or frozen dessert ingredients shall not be stored with any product that would damage or impair the quality of the product. Open containers shall be carefully protected from contamination.

D. All products requiring refrigeration, except where otherwise specified, shall be stored under optimum temperatures and humidity to maintain quality and condition. Products shall not be placed directly on wet floors, exposed to foreign odors, or subjected to conditions, such as dripping or condensation, that might cause package or product damage.

E. Items in storage rooms shall be kept clean and protected and be arranged to permit inspection of supplies and cleaning and spraying of the room. Insecticides and rodenticides shall be properly labeled, segregated, and stored in a separate room or cabinet away from milk or dairy products or packaging supplies. Caps, parchment papers, wrappers, liners, gaskets, and single service sticks, spoons, covers, and containers for frozen desserts, mix or their ingredients shall (i) be purchased and stored only in sanitary tubes, wrappings, or cartons; (ii) be kept in a clean, dry place until used; and (iii) be handled in a sanitary manner.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 12.3, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-580. Packaging and labeling.

Frozen desserts and mix shall be packaged in commercially acceptable containers made of packaging material that will protect the quality of the contents in regular channels of trade. Metal containers shall be free from rust, cracks, or unsanitary conditions. Prior to use, closures, covers, wrappers, and containers shall be protected against dust, mold, and other possible contamination. The packaging, cutting, molding, dispensing, and other handling or preparation of mix or frozen desserts and their ingredients shall be done in a sanitary manner.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 12.4, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987.

2VAC5-510-590. Returns.

Mix or frozen desserts in broken, opened or partially full containers may be returned to the plant for inspection after delivery, but shall not be sold or used for making mix or frozen desserts.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 12.5, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987.

2VAC5-510-600. Lubricants.

Lubricants approved for use on milk product contact surfaces that are applied to filling machine pistons, cylinders, pumps, and valves shall be approved for food-grade use and applied in a sanitary manner.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 12.6, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part XIII
Personnel Cleanliness and Health

2VAC5-510-610. Cleanliness.

A. Plant employees shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or otherwise soiling their hands. Plant employees shall keep their hands clean and follow good hygienic practices while on duty. Expectorating or use of tobacco in any form shall be prohibited in rooms and compartments where milk, dairy products, mix, or frozen desserts are unpacked or exposed. Clean white or light colored washable outer-garments and adequate hair restraints shall be worn by all persons engaged in processing milk, dairy products, mix, or frozen desserts.

B. Employees engaged in manual molding, wrapping, and touching any product contact surface shall wash their hands with hot, soapy water and dry their hands with single-use paper towels or an approved hand drying device before beginning such work and after each interruption. Disposable, single-use rubber or plastic gloves may be used.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 13.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-620. Health.

A. No person who is affected with any disease in a communicable form or who is a carrier of a communicable disease may work at any frozen desserts plant in any capacity that would bring the person in contact with the production, handling, storage, or transportation of milk, milk products, other frozen dessert ingredients, frozen desserts, or frozen desserts mix containers, equipment, or utensils. No person who has a discharging or infected wound, sore, or lesion on hands, arms, or other exposed portions of the body shall work in any plant processing or packaging rooms or in any other capacity resulting in contact with milk, dairy products, mix, or frozen dessert.

B. An employee returning to work following illness from a communicable disease shall have a certificate from the employee's attending physician to establish proof of complete recovery.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 13.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part XIV
Records Required to Be Kept by Plants

2VAC5-510-630. Availability.

A plant shall, at reasonable times, make available for examination by the State Regulatory Agency all records that this chapter and 21 CFR Part 117 Subpart C, if applicable, require the plant to maintain.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 14.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-640. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 14.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-650. Pasteurization, temperature, and  CIP recorder charts.

Recorder charts showing the pasteurization record for each day shall be appropriately marked with the name of the product for each batch, date, time, and signature of the operator, and the markings made by the recording device shall not overlap. Recorder charts showing the CIP record for each day shall be appropriately marked, and the markings made by the recording device shall not overlap. Temperature recording charts shall be labeled with the name of the product for each batch, date, time, and signature of the operator, and the markings made by the recording device shall not overlap. Charts shall be kept on file at the plant for at least six months. Electronic records or records in a format designated by the State Regulatory Agency may be used in lieu of recording charts with prior State Regulatory Agency approval.

Statutory Authority

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

Historical Notes

Derived from VR115-05-03 § 14.3, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-660. (Repealed.)

Historical Notes

Derived from VR115-05-03 § 14.4, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

Forms (2VAC5-510)

Dairy Manufacturing Permit Application Part I (rev. 4/2022)

Dairy Manufacturing Permit Application Part II (rev. 4/2022)

Dairy Manufacturing Plant Inspection Report (rev. 2/2018)

Milk Plant Equipment Test Report (rev. 11/2023)

Vat Pasteurizer Equipment Test Report (rev. 2/2018)

Official Warning Notice (rev. 4/2022)

Official Suspension Notice (rev. 4/2022)

Documents Incorporated by Reference (2VAC5-510)

3-A Accepted Practices for a Method of Producing Culinary Steam, Number 609-03, adopted November 21, 2004, 3-A Sanitary Standards Inc.

3-A Sanitary Standards for Multiple-Use Rubber and Rubber-Like Materials Used as Product Contact Surfaces in Dairy Equipment, Number 18–03, effective August 21, 1999, 3-A Sanitary Standards Inc.

3-A Sanitary Standards for Multiple-Use Plastic Materials, Number 20-27, effective July 7, 2011, 3-A Sanitary Standards Inc.

3-A Accepted Practices for Permanently Installed Product and Solution Pipelines and Cleaning Systems Used in Milk and Milk Product Processing Plants, Number 605-04, effective August 20, 1994, 3-A Sanitary Standards Inc.

3-A Accepted Practices for the Sanitary Construction, Installation, Testing, and Operation of High-Temperature Short-Time and Higher-Heat Shorter-Time Pasteurizer Systems, Number 603-07, effective November 21, 2005, 3-A Sanitary Standards Inc.

3-A Sanitary Standards for Non-Coiled Type Batch Pasteurizers for Milk and Milk Products, Number 24-03, effective July 16, 2010, 3-A Sanitary Standards Inc.

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