2VAC5-510-20. Uniformity of enforcement.

Part II. Intent, Scope, and Interpretation

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.

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