Administrative Code

Virginia Administrative Code
6/30/2022

Chapter 560. Rules and Regulations Pertaining to Labeling and Sale of Infant Formula

2VAC5-560-10. Infant formulas.

Each and every container of liquid or powdered infant formula made from two or more ingredients, and represented or intended as a replacement or supplement for milk, shall conspicuously show in common and express terms the calendar month and year after which the product is not to be sold or used for human consumption.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.

Historical Notes

Derived from VR115-05-08 § 1, eff. January 7, 1987.

2VAC5-560-20. Basis for expiration date.

The expiration date (the date after which the product is not to be sold or used for human consumption) shall be determined by the manufacturer, based on empirical data when available; or, in its absence, shall be determined by other verifiable scientific means.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.

Historical Notes

Derived from VR115-05-08 § 2, eff. January 7, 1987.

2VAC5-560-30. Supply scientific data establishing expiration date.

Upon the request of the commissioner or his authorized agent, the manufacturer shall, for each and every brand, variety, or formulation of infant formula intended to be sold or offered for sale in Virginia, submit scientific data establishing the expiration date to comply with 2VAC5-560-10. This data shall include, but is not limited to, physical, nutritional, and chemical properties, and rate of breakdown or loss of such properties. In the absence of empirical data on any specific formulation, the manufacturer shall provide scientific data to reasonably substantiate the expiration date. If the data submitted, in the opinion of the commissioner does not justify the expiration date, the commissioner shall prohibit the sale of the product until satisfactory data is supplied, or until a new expiration date consistent with the data is applied to the food product.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.

Historical Notes

Derived from VR115-05-08 § 3, eff. January 7, 1987.

2VAC5-560-40. Expiration date required on every carton, container, or consumer package.

Each and every shipping carton, container, or consumer package shall also show the calendar month and year after which the product is not to be sold or used.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.

Historical Notes

Derived from VR115-05-08 § 4, eff. January 7, 1987.

2VAC5-560-50. Misbranding.

Knowingly filing incorrect or unverifiable data with the commissioner, or placing an expiration date upon a shipping carton, container, or any consumer package that is inconsistent with the data filed with the commissioner shall be considered to be misbranding under § 3.2-5123 A 1 of the Code of Virginia. However, it shall not be considered misbranded if the expiration date shown is an earlier date than the filed data could warrant.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.

Historical Notes

Derived from VR115-05-08 § 5, eff. January 7, 1987; amended, Virginia Register Volume 38, Issue 11, eff. March 3, 2022.

2VAC5-560-60. Special formulation.

The provisions of this chapter shall not apply to any special formulation manufactured on request of any licensed physician for the express purpose of meeting dietary needs of a specific individual.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.

Historical Notes

Derived from VR115-05-08 § 6, eff. January 7, 1987.

2VAC5-560-70. Sale of a product unfit for food.

Any manufacturer, distributor, dealer, or other person who offers for sale or sells infant formula without an expiration date or who offers for sale or sells infant formula after the expiration date shown shall be deemed to be offering for sale a product unfit for food as described in subdivision 3 of § 3.2-5122 of the Code of Virginia.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.

Historical Notes

Derived from VR115-05-08 § 7, eff. January 7, 1987; amended, Virginia Register Volume 38, Issue 11, eff. March 3, 2022.

2VAC5-560-9998. (Repealed.)

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