Administrative Code

Virginia Administrative Code
4/22/2024

Chapter 520. Rules and Regulations Governing Testing of Milk for Milkfat, Protein, and Lactose Content by Automated Instrument Methods

2VAC5-520-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"AOAC" means the Association of Official Analytical Chemists.

"Automated instrument methods" means any contrivance, machine, or device manufactured for the purpose of automating the determination of the fat, protein, or lactose content of milk or milk products.

"Calibration" means the adjustment of the automated instrument so that it will reproduce the test results obtained by the reference method.

"Infrared milk analyzer method" means the automated instrument method that determines the fat, protein, and lactose content of milk by determining the amount of infrared rays of different lengths absorbed by a portion of a sample of milk.

"Light scattering methods" means the automated instrument that determines the fat content of milk by measuring the amount of light diffused by a portion of a sample of milk placed between a light source and a photometer.

"Permit to calibrate and operate" means a permit authorizing a person to test milk by the reference methods, calibrate, adjust, operate, perform maintenance, and maintain official records when automated instruments are in use.

"Permit to operate" means a permit authorizing a person to prepare samples, present the samples to the automated instrument, record test results, and perform routine maintenance.

"Permit to test milk by the reference methods" means a permit authorizing a person to test milk by the Babcock method or other methods approved by the State Regulatory Authority and the Association of Official Analytical Chemists for the purpose of calibrating automated testing instruments.

"Person" means any individual, plant operator, partnership, corporation, company, firm, trustee, or associate.

"Reference methods" means the method approved by the State Regulatory Authority to be used to determine the fat, protein, or lactose content of samples of milk to be used as a basis of calibrating the automated instruments.

"State Regulatory Authority" means the Virginia Department of Agriculture and Consumer Services.

Statutory Authority

§§ 3.2-5223 and 3.2-5224 of the Code of Virginia.

Historical Notes

Derived from VR115-05-04 § 1, eff. March 18, 1987.

2VAC5-520-20. Automated instrument methods and procedures.

A. The automated light scattering method may be used in determining the fat content of raw, unhomogenized milk.

B. The infrared milk analyzer method may be used for the direct determination of fat, protein, and lactose, and the indirect determination of total solids in milk as outlined in the latest edition of the AOAC.

C. The State Regulatory Authority, guided by the latest edition of the AOAC, may establish procedures to ensure proper instrument operation and accurate test results using the automated instrument methods.

Statutory Authority

§§ 3.2-5223 and 3.2-5224 of the Code of Virginia.

Historical Notes

Derived from VR115-05-04 § 2, eff. March 18, 1987.

2VAC5-520-30. Permits.

A. No person shall operate automated testing equipment to determine the fat, protein, and lactose content of milk for the purpose of official inspection, check testing, or as a basis for payment in buying or selling unless facility and equipment requirements have been satisfied and a permit obtained from the State Regulatory Authority.

B. When an automated testing instrument is used to determine the fat, protein, and lactose content of milk for the purpose of official inspection, check testing, or as a basis for payment in buying or selling, it shall be unlawful for any person who does not possess a permit from the State Regulatory Authority to:

1. Calibrate and operate an automated testing instrument.

2. Operate only an automated testing instrument.

3. Test milk by reference methods.

C. The State Regulatory Authority shall suspend such permit whenever:

1. The permit holder has violated any of the requirements of this chapter; or

2. The permit holder has interfered with the State Regulatory Authority in the performance of its duties.

D. The State Regulatory Authority shall in all cases except where there is a gross violations or in any case of a willful refusal to permit authorized inspection, serve upon the holder a written notice of intent to suspend permit which notice shall specify with particularity the violations in question, and afford the holder such reasonable opportunity to correct such violations.

E. A suspension of permit shall remain in effect until the violation has been corrected to the satisfaction of the State Regulatory Authority.

F. Upon a showing of gross or repeated violations, the State Regulatory Authority may revoke such permit following reasonable notice to the permit holder and an opportunity for a hearing. This chapter is not intended to eliminate the possibility of court action.

Statutory Authority

§§ 3.2-5223 and 3.2-5224 of the Code of Virginia.

Historical Notes

Derived from VR115-05-04 § 3, eff. March 18, 1987.

2VAC5-520-40. Reference method.

The Babcock method or other means approved by the State Regulatory Authority for determining the fat content of milk shall be used as the reference method to establish and maintain the calibration of automated testing instruments. Methods approved by the State Regulatory Authority for determining the protein or lactose content of milk shall be used as the reference method to establish and maintain the calibration of automated testing instruments.

Statutory Authority

§§ 3.2-5223 and 3.2-5224 of the Code of Virginia.

Historical Notes

Derived from VR115-05-04 § 4, eff. March 18, 1987.

2VAC5-520-50. Records.

A. The following records for each automated instrument shall be made on approved forms and kept on file for a period of 12 months at the place where the automated instrument is used. These records are:

1. Initial and subsequent calibrations

2. Weekly calibration checks

3. Daily performance checks

4. Machine adjustments

5. Major maintenance

6. Other procedural records requested by the State Regulatory Authority.

B. All records required herein shall be available for examination by the State Regulatory Authority at reasonable times.

Statutory Authority

§§ 3.2-5223 and 3.2-5224 of the Code of Virginia.

Historical Notes

Derived from VR115-05-04 § 5, eff. March 18, 1987.

2VAC5-520-60. Obstructing Commissioner.

The Commissioner of Agriculture and Consumer Services or his agents are empowered in the performance of their duties to enter upon and to have free access to any establishment or area subject of this chapter. It shall be unlawful for any person to hinder, obstruct, cause undue delay or interfere with the Commissioner of Agriculture and Consumer Services or his agents in the performance of their duties.

Statutory Authority

§§ 3.2-5223 and 3.2-5224 of the Code of Virginia.

Historical Notes

Derived from VR115-05-04 § 6, eff. March 18, 1987.

FORMS (2VAC5-520).

Virginia Department of Agriculture and Consumer Services Permit Application.

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