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

Part V. Permits

A. It shall be unlawful for any person who does not possess a permit from the Virginia Department of Agriculture and Consumer Services to bring into, send into, or receive into the Commonwealth of Virginia for sale, or to sell, or offer for sale therein, or to have in storage with intent to offer for sale or sell frozen desserts or frozen desserts mix identified in this chapter: Provided, that grocery stores, restaurants, soda fountains, and similar establishments where frozen desserts or frozen desserts mix are regularly served or sold at retail, but not processed, may be exempt from the requirements of this chapter.

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 Authority 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 Authority may serve upon the holder a written notice of intent to suspend 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 Authority 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 Authority.

D. Upon gross or repeated violations, the State Regulatory Authority may revoke the permit following reasonable notice to the permit holder and an opportunity for a hearing. Part V (2VAC5-510-420 et seq.) of this chapter is not intended to preclude the institution of court action.

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.

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