3.2-5206 - Board authorized to establish standards and adopt regulations; guidance of State Health Commissioner.
§ 3.2-5206. Board authorized to establish standards and adopt regulations;guidance of State Health Commissioner.
A. The Board is authorized to establish definitions, standards of quality andidentity, and to adopt and enforce regulations dealing with the issuance ofpermits, production, importation, processing, grading, labeling, and sanitarystandards for milk, milk products, market milk, market milk products, andthose products manufactured or sold in semblance to or as substitutes formilk, milk products, market milk, market milk products. Regulationsconcerning the processing and distributing of Grade A market milk and Grade Amarket milk products shall be adopted with the advice and guidance of theState Health Commissioner. The Board shall adopt regulations for the issuanceof the permits referred to in § 3.2-5208. The Board may require permits inaddition to those prescribed by the terms of this article, and shall adoptregulations concerning the conditions under which any additional permitsshall be issued.
B. In adopting any regulation pursuant to this section, the Board may adoptby reference:
1. Any regulation or part thereof under federal law that pertains to milk ormilk products, amending the federal regulation as necessary for intrastateapplication.
2. Any model ordinance or regulation issued under federal law, including thePasteurized Milk Ordinance (Public Health Service/Food and DrugAdministration Publication Number 229) and the U.S. Department ofAgriculture's Milk for Manufacturing Purposes and its Production andProcessing Recommended Requirements (hereafter the USDA RecommendedRequirements), amending it as necessary for intrastate application and to:(i) require milk on each dairy farm to be cooled and stored at a temperatureof 40 degrees Fahrenheit or less, but not frozen; (ii) require the use ofrecording thermometers and interval timers on every milk storage tankinstalled on a permitted Grade A milk dairy farm; (iii) specify the design,fabrication, installation, inspection, and record keeping necessary for theproper use of such thermometers and timers; (iv) establish a definition forsmall-scale processors of cheese under the dairy plant processingrequirements contained in the USDA Recommended Requirements; and (v) createexemptions for small-scale processors of cheese from the USDA RecommendedRequirements regarding processing requirements for dairy plants, providedsuch exemptions do not compromise food safety.
3. Any reference, standard, or part thereof relating to milk, milk products,or milk production published by the American Society of AgriculturalEngineers, the American Public Health Association, the American Society ofMechanical Engineers, or the International Association of Food Protection.
4. Any method of analysis relating to milk or milk products including anymethod of analysis published by the United States Public Health Service, theAssociation of Official Analytical Chemists, or the American Public HealthAssociation.
C. Any regulation adopted pursuant to this section shall, unless a latereffective date is specified in the regulation, be effective upon filing withthe Registrar of Regulations, who shall publish the regulation as a finalregulation in the Virginia Register of Regulations. Neither the provisions ofthe Administrative Process Act (§ 2.2-4000 et seq.) nor public participationguidelines adopted pursuant thereto shall apply to the adoption of anyregulation pursuant to this section. Prior to adopting any regulationpursuant to this section, the Board shall publish a notice of opportunity tocomment in the Virginia Register of Regulations. The notice of opportunity tocomment shall contain: (i) a summary of the proposed regulation; (ii)instructions on how to obtain the complete text of the proposed regulation;and (iii) the name, address, and telephone number of the agency contactperson responsible for receiving public comments. The notice of opportunityto comment shall be made at least 90 days in advance of the last dateprescribed in the notice for submittals of public comment. The legislativereview provisions of § 2.2-4014 shall apply to the promulgation or finaladoption process of regulations under this section. The Board shall considerand keep on file all public comments received for any regulation adoptedpursuant to this section.
D. Notwithstanding the provisions of subsections B and C, any permits thatmay be issued or regulations that may be adopted for the sale or manufactureof cheese from milk from any species not required to be permitted orregulated in intrastate commerce prior to July 1, 2001, under this article,shall be in accordance with the provisions of the Administrative Process Act(§ 2.2-4000 et seq.) if such regulations or permits apply to persons whomanufacture less than 1,000 pounds of such cheese annually.
(Code 1950, § 3-345; 1966, c. 702, § 3.1-424; 1970, c. 49, § 3.1-530.1; 2001,c. 523; 2008, c. 860.)