3.2-5404 - Duties of the Board.
§ 3.2-5404. Duties of the Board.
In order to accomplish the objective stated in § 3.2-5403, the Board:
1. Shall, by regulations, require antemortem and postmortem inspections,quarantine, segregation and reinspections with respect to the slaughter oflivestock and poultry and the preparation of livestock products and poultryproducts at all establishments in the Commonwealth, except those exempted bythe Commissioner pursuant to subdivision 9 of § 3.2-5405, at which livestockor poultry are slaughtered or livestock products or poultry products areprepared for human food solely for distribution in intrastate commerce;
2. Shall, by regulations, require the identification of livestock and poultryfor inspection purposes and the marking and labeling of livestock products orpoultry products or their containers, or both, as "Virginia Inspected andPassed" if the products are found upon inspection to be not adulterated andas "Virginia Inspected and Condemned" if they are found upon inspection tobe adulterated, and the destruction for food purposes of all such condemnedproducts under the supervision of an inspector;
3. Shall prohibit the entry into official establishments of livestockproducts and poultry products not prepared under federal inspection orinspection pursuant to this article and further limit the entry of sucharticles and other materials into such establishments under such conditionsas it deems necessary to effectuate the purposes of this article;
4. Shall, by regulations, require that when livestock products and poultryproducts leave official establishments they shall bear directly thereon or ontheir containers, or both, as it may require, all information required under§ 3.2-5402; and require approval of all labeling and containers to be usedfor such products when sold or transported in intrastate commerce to assurethat they comply with the requirements of this article;
5. Shall require the investigation of the sanitary conditions of eachestablishment within subdivision 1 of this section and require theCommissioner to withdraw or otherwise refuse to provide inspection service atany such establishment where the sanitary conditions are such as to renderadulterated any livestock products or poultry products prepared or handledthereat;
6. Shall prescribe regulations relating to sanitation for all establishmentsrequired to have inspection under subdivision 1 of this section;
7. Shall, by regulations, require that the following classes of persons shallkeep such records and for such periods as are specified in the regulations tofully and correctly disclose all transactions involved in their business, andafford to the Commissioner access to such places of business, an opportunity,at all reasonable times, to examine the facilities, inventory and recordsthereof, to copy the records, and to take reasonable samples of the inventoryupon payment of the fair market value therefor: any persons that engage in orfor intrastate commerce: (i) in the business of slaughtering any livestock orpoultry, or preparing, freezing, packaging or labeling, buying or selling (asbrokers, wholesalers or otherwise), transporting, or storing any livestockproducts or poultry products for human or animal food; or (ii) in business asrenderers or in the business of buying, selling or transporting any dead,dying, disabled or diseased livestock or poultry, or parts of the carcassesof any such animals (including poultry) that died otherwise than by slaughter;
8. Shall, by regulations, prescribe the size and style of type to be used forlabeling information required under this article, and definitions andstandards of identity or composition or standards of fill of container,consistent with federal standards, when it deems such action appropriate forthe protection of the public;
9. Shall, by regulations, prescribe conditions of storage and handling oflivestock products and poultry products by persons engaged in the business ofbuying, selling, freezing, storing, or transporting such articles in or forintrastate commerce to assure that such articles will not be adulterated ormisbranded when delivered to the consumer;
10. Shall, by regulations, require that every person engaged in business inor for intrastate commerce as a broker, renderer, animal food manufacturer,or wholesaler or public warehouseman of livestock products or poultryproducts, or engaged in the business of buying, selling or transporting inintrastate commerce, any dead, dying, disabled or diseased livestock orpoultry or parts of the carcasses of any such animals (including poultry)that died otherwise than by slaughter shall register with the Commissionerhis name and the address of each place of business at which and all tradenames under which he conducts such business;
11. May adopt by reference or otherwise such provisions of the rules andregulations under the federal acts (with such changes therein as it deemsappropriate to make them applicable to operations and transactions subject tothis article) that shall have the same force and effect as if promulgatedunder this article, and promulgate such other rules and regulations it deemsnecessary for the efficient execution of the provisions of this article; and
12. Shall promulgate rules of practice providing opportunity for hearing inconnection with issuance of orders under subdivision 5 of this section orsubdivision A 1, A 2, or A 3 of § 3.2-5405 pending issuance of a final orderin any such proceeding.
(1970, c. 290, § 3.1-884.20; 1991, c. 344; 2008, c. 860.)