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.