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Administrative Code

Virginia Administrative Code
3/13/2025

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.

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