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.