{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5130.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5130.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5130.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5130.html"}],"law_id":59766,"edition_id":1,"section_id":59766,"structure_id":14568,"section_number":"3.2-5130","catch_line":"Inspections required to operate food establishment","history":"1993, c. 936, \u00a7 3.1-398.1; 2003, c. 420; 2004, c. 953; 2008, cc. 459, 860; 2011, c. 316; 2013, c. 285; 2022, c. 204; 2024, c. 131.","full_text":"A\n\nIt is unlawful to operate as a food manufacturer, food storage warehouse, or retail food establishment until (i) such food manufacturer, food storage warehouse, or retail food establishment has been inspected by the Commissioner and (ii) the Commissioner has issued a permit pursuant to subsection C of § 3.2-5100 for the operation of the food manufacturer, food storage warehouse, or retail food establishment. If the inspection finds no significant health hazards to the public, any food manufacturer, food storage warehouse, or retail food establishment may operate until receipt of the permit. Such permit shall be processed within 30 days of the inspection date.B\n\nIf the Commissioner determines that conditions exist in a food manufacturer, food storage warehouse, or retail food establishment that would render such entity significantly out of compliance with an applicable provision of this chapter or regulation adopted pursuant to this chapter, the Commissioner may, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), deny, suspend, or revoke the permit of such entity. If the Commissioner determines that conditions exist in a food manufacturer, food storage warehouse, or retail food establishment that present a significant and immediate public health hazard, the Commissioner may suspend the permit of such entity and shall seek an expedited informal fact-finding proceeding pursuant to § 2.2-4019.C\n\nThe provisions of subsections A and B shall not apply to:1\n\nFood manufacturers operating under a grant of inspection from the Office of Meat and Poultry Services or a permit from the Office of Dairy and Foods in the Department; and Grade A fluid milk manufacturing plants and shellfish and crustacea processing plants operating under a permit from the Virginia Department of Health;2\n\nNonprofit organizations holding one-day food sales;3\n\nPrivate homes where the resident processes and prepares candies, jams, and jellies not considered to be low-acid or acidified low-acid food products, dried fruits, dry herbs, dry seasonings, dry mixtures, coated and uncoated nuts, vinegars and flavored vinegars, popcorn, popcorn balls, cotton candy, dried pasta, dry baking mixes, roasted coffee, dried tea, cereals, trail mixes, granola, and baked goods if such products are (i) those that do not require time or temperature control after preparation; (ii) sold in person in the Commonwealth to an individual for his own consumption and not for resale or consignment; (iii) sold at the private home, at a temporary event that operates for a period of no more than 14 consecutive days, or at a farmers market; (iv) not offered for sale to be used in or offered for consumption in retail food establishments; and (v) affixed with a label placed on the principal display panel or, for a product in packaging not large enough to bear such a label, offered for sale with a sign displaying the name, physical address, and telephone number of the person preparing the food product, the date the food product was processed, and the statement “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION.” Nothing in this subdivision shall create or diminish the authority of the Commissioner under § 3.2-5102 or shall prohibit a resident selling a food product in accordance with this subdivision from advertising such food product on the Internet;4\n\nPrivate homes where the resident processes and prepares pickles and other acidified vegetables that have an equilibrium pH value of 4.6 or lower if such products are (i) sold in person in the Commonwealth to an individual for his own consumption and not for resale or consignment; (ii) sold at the private home, at a temporary event that operates for a period of no more than 14 consecutive days, or at a farmers market; (iii) not offered for sale to be used in or offered for consumption in retail food establishments; (iv) affixed with a label placed on the principal display panel displaying the name, physical address, and telephone number of the person preparing the food product, the date the food product was processed, and the statement “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION”; and (v) not exceeding $9,000 in gross sales in a calendar year. Nothing in this subdivision shall create or diminish the authority of the Commissioner under § 3.2-5102 or shall prohibit a resident selling a food product in accordance with this subdivision from advertising such food product on the Internet;5\n\nPrivate homes where the resident processes and prepares honey produced by his own hives, if: (i) the resident sells less than 250 gallons of honey annually; (ii) the resident does not process and sell other food products in addition to honey, except as allowed by subdivisions 3 and 4; (iii) the product complies with the other provisions of this chapter; and (iv) the product is labeled “PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old.” Nothing in this subdivision shall increase or diminish the authority of the Commissioner under § 3.2-5102; and6\n\nRetail establishments that (i) do not prepare or serve food; (ii) sell only food or beverages that are sealed in packaging by the manufacturer and have been officially inspected in the manufacturing process; (iii) do not sell infant formulas; (iv) do not sell salvaged foods; and (v) certify to the Department that they meet the provisions of this subdivision.D\n\nNonprofit organizations, private homes, and retail establishments that qualify for an exception under subsection C shall be exempt from the permit and inspection requirements of this chapter and the inspection fees. Nothing in this section shall prevent the Department from inspecting any nonprofit organization, private home, or retail establishment if a consumer complaint is received.E\n\nAny person who violates any provision of this section is guilty of a Class 1 misdemeanor.","order_by":null,"text":{"0":{"id":218859,"text":"It is unlawful to operate as a food manufacturer, food storage warehouse, or retail food establishment until (i) such food manufacturer, food storage warehouse, or retail food establishment has been inspected by the Commissioner and (ii) the Commissioner has issued a permit pursuant to subsection C of § 3.2-5100 for the operation of the food manufacturer, food storage warehouse, or retail food establishment. If the inspection finds no significant health hazards to the public, any food manufacturer, food storage warehouse, or retail food establishment may operate until receipt of the permit. Such permit shall be processed within 30 days of the inspection date.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218860,"text":"If the Commissioner determines that conditions exist in a food manufacturer, food storage warehouse, or retail food establishment that would render such entity significantly out of compliance with an applicable provision of this chapter or regulation adopted pursuant to this chapter, the Commissioner may, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), deny, suspend, or revoke the permit of such entity. If the Commissioner determines that conditions exist in a food manufacturer, food storage warehouse, or retail food establishment that present a significant and immediate public health hazard, the Commissioner may suspend the permit of such entity and shall seek an expedited informal fact-finding proceeding pursuant to § 2.2-4019.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":218861,"text":"The provisions of subsections A and B shall not apply to:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":218862,"text":"Food manufacturers operating under a grant of inspection from the Office of Meat and Poultry Services or a permit from the Office of Dairy and Foods in the Department; and Grade A fluid milk manufacturing plants and shellfish and crustacea processing plants operating under a permit from the Virginia Department of Health;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":218863,"text":"Nonprofit organizations holding one-day food sales;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":218864,"text":"Private homes where the resident processes and prepares candies, jams, and jellies not considered to be low-acid or acidified low-acid food products, dried fruits, dry herbs, dry seasonings, dry mixtures, coated and uncoated nuts, vinegars and flavored vinegars, popcorn, popcorn balls, cotton candy, dried pasta, dry baking mixes, roasted coffee, dried tea, cereals, trail mixes, granola, and baked goods if such products are (i) those that do not require time or temperature control after preparation; (ii) sold in person in the Commonwealth to an individual for his own consumption and not for resale or consignment; (iii) sold at the private home, at a temporary event that operates for a period of no more than 14 consecutive days, or at a farmers market; (iv) not offered for sale to be used in or offered for consumption in retail food establishments; and (v) affixed with a label placed on the principal display panel or, for a product in packaging not large enough to bear such a label, offered for sale with a sign displaying the name, physical address, and telephone number of the person preparing the food product, the date the food product was processed, and the statement “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION.” Nothing in this subdivision shall create or diminish the authority of the Commissioner under § 3.2-5102 or shall prohibit a resident selling a food product in accordance with this subdivision from advertising such food product on the Internet;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":218865,"text":"Private homes where the resident processes and prepares pickles and other acidified vegetables that have an equilibrium pH value of 4.6 or lower if such products are (i) sold in person in the Commonwealth to an individual for his own consumption and not for resale or consignment; (ii) sold at the private home, at a temporary event that operates for a period of no more than 14 consecutive days, or at a farmers market; (iii) not offered for sale to be used in or offered for consumption in retail food establishments; (iv) affixed with a label placed on the principal display panel displaying the name, physical address, and telephone number of the person preparing the food product, the date the food product was processed, and the statement “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION”; and (v) not exceeding $9,000 in gross sales in a calendar year. Nothing in this subdivision shall create or diminish the authority of the Commissioner under § 3.2-5102 or shall prohibit a resident selling a food product in accordance with this subdivision from advertising such food product on the Internet;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":218866,"text":"Private homes where the resident processes and prepares honey produced by his own hives, if: (i) the resident sells less than 250 gallons of honey annually; (ii) the resident does not process and sell other food products in addition to honey, except as allowed by subdivisions 3 and 4; (iii) the product complies with the other provisions of this chapter; and (iv) the product is labeled “PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old.” Nothing in this subdivision shall increase or diminish the authority of the Commissioner under § 3.2-5102; and","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":218867,"text":"Retail establishments that (i) do not prepare or serve food; (ii) sell only food or beverages that are sealed in packaging by the manufacturer and have been officially inspected in the manufacturing process; (iii) do not sell infant formulas; (iv) do not sell salvaged foods; and (v) certify to the Department that they meet the provisions of this subdivision.","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"D"},"9":{"id":218868,"text":"Nonprofit organizations, private homes, and retail establishments that qualify for an exception under subsection C shall be exempt from the permit and inspection requirements of this chapter and the inspection fees. Nothing in this section shall prevent the Department from inspecting any nonprofit organization, private home, or retail establishment if a consumer complaint is received.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C6","next_prefix":"E"},"10":{"id":218869,"text":"Any person who violates any provision of this section is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14568,"edition_id":1,"name":"Seizures, Prosecutions, Penalties, and Enforcement","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":14561,"metadata":{},"date_created":"2026-06-26 03:48:41","date_modified":"2026-06-26 03:48:41","permalink":{"id":197255,"object_type":"structure","relational_id":14568,"identifier":"4","token":"3.2\/IV\/51\/4","url":"\/3.2\/IV\/51\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14561,"edition_id":1,"name":"Food and Drink","identifier":"51","label":"chapter","depth":3,"order_by":1,"parent_id":12965,"metadata":{},"date_created":"2026-06-26 03:48:40","date_modified":"2026-06-26 03:48:40","permalink":{"id":197127,"object_type":"structure","relational_id":14561,"identifier":"51","token":"3.2\/IV\/51","url":"\/3.2\/IV\/51\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12965,"edition_id":1,"name":"Food and Drink; Weights and Measures","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":197125,"object_type":"structure","relational_id":12965,"identifier":"IV","token":"3.2\/IV","url":"\/3.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58815,"structure_id":14568,"section_number":"3.2-5129","catch_line":"Definition of term \"food.\"","url":"\/3.2-5129\/","token":"3.2\/IV\/51\/4\/3.2-5129","metadata":false},{"id":59766,"structure_id":14568,"section_number":"3.2-5130","catch_line":"Inspections required to operate food establishment","url":"\/3.2-5130\/","token":"3.2\/IV\/51\/4\/3.2-5130","metadata":false},{"id":75024,"structure_id":14568,"section_number":"3.2-5131","catch_line":"Right to enter and take samples","url":"\/3.2-5131\/","token":"3.2\/IV\/51\/4\/3.2-5131","metadata":false},{"id":76586,"structure_id":14568,"section_number":"3.2-5132","catch_line":"Notice and warning to place premises in sanitary condition","url":"\/3.2-5132\/","token":"3.2\/IV\/51\/4\/3.2-5132","metadata":false},{"id":64659,"structure_id":14568,"section_number":"3.2-5133","catch_line":"Failure to obey such notice and warning a misdemeanor","url":"\/3.2-5133\/","token":"3.2\/IV\/51\/4\/3.2-5133","metadata":false},{"id":82806,"structure_id":14568,"section_number":"3.2-5134","catch_line":"Condemnation of unsafe food by Commissioner","url":"\/3.2-5134\/","token":"3.2\/IV\/51\/4\/3.2-5134","metadata":false},{"id":75373,"structure_id":14568,"section_number":"3.2-5135","catch_line":"Authority to seize food and dairy products; analysis; disposition of remainder","url":"\/3.2-5135\/","token":"3.2\/IV\/51\/4\/3.2-5135","metadata":false},{"id":72080,"structure_id":14568,"section_number":"3.2-5136","catch_line":"Purchase of samples for analysis","url":"\/3.2-5136\/","token":"3.2\/IV\/51\/4\/3.2-5136","metadata":false},{"id":56211,"structure_id":14568,"section_number":"3.2-5137","catch_line":"Proceeding for forfeiture","url":"\/3.2-5137\/","token":"3.2\/IV\/51\/4\/3.2-5137","metadata":false},{"id":76257,"structure_id":14568,"section_number":"3.2-5138","catch_line":"Judgment as to goods seized; procedure before an appropriate court; appeal","url":"\/3.2-5138\/","token":"3.2\/IV\/51\/4\/3.2-5138","metadata":false},{"id":84491,"structure_id":14568,"section_number":"3.2-5139","catch_line":"Disposition of proceeds from sale of such goods","url":"\/3.2-5139\/","token":"3.2\/IV\/51\/4\/3.2-5139","metadata":false},{"id":59638,"structure_id":14568,"section_number":"3.2-5140","catch_line":"Attorney for the Commonwealth to render legal assistance","url":"\/3.2-5140\/","token":"3.2\/IV\/51\/4\/3.2-5140","metadata":false},{"id":75162,"structure_id":14568,"section_number":"3.2-5141","catch_line":"General duty of attorneys for the Commonwealth; compensation","url":"\/3.2-5141\/","token":"3.2\/IV\/51\/4\/3.2-5141","metadata":false},{"id":81702,"structure_id":14568,"section_number":"3.2-5142","catch_line":"Punishment for hindering Commissioner","url":"\/3.2-5142\/","token":"3.2\/IV\/51\/4\/3.2-5142","metadata":false},{"id":56040,"structure_id":14568,"section_number":"3.2-5143","catch_line":"Enforcement against companies","url":"\/3.2-5143\/","token":"3.2\/IV\/51\/4\/3.2-5143","metadata":false},{"id":72613,"structure_id":14568,"section_number":"3.2-5144","catch_line":"Exemption from civil and criminal liability in certain cases","url":"\/3.2-5144\/","token":"3.2\/IV\/51\/4\/3.2-5144","metadata":false},{"id":76620,"structure_id":14568,"section_number":"3.2-5145","catch_line":"Punishment for failure to comply with requirements of certain chapters","url":"\/3.2-5145\/","token":"3.2\/IV\/51\/4\/3.2-5145","metadata":false}],"previous_section":{"id":58815,"structure_id":14568,"section_number":"3.2-5129","catch_line":"Definition of term \"food.\"","url":"\/3.2-5129\/","token":"3.2\/IV\/51\/4\/3.2-5129","metadata":false},"next_section":{"id":75024,"structure_id":14568,"section_number":"3.2-5131","catch_line":"Right to enter and take samples","url":"\/3.2-5131\/","token":"3.2\/IV\/51\/4\/3.2-5131","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5130\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 936 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2003, chapter 420<\/a>; in 2004, chapter 953<\/a>; in 2008, chapters 459<\/a> and 860<\/a>; in 2011, chapter 316<\/a>; in 2013, chapter 285<\/a>; in 2022, chapter 204<\/a>; in 2024, chapter 131<\/a>.<\/p>","references":[{"id":75049,"section_number":"15.2-2288.6","catch_line":"Agricultural operations; local regulation of certain activities","order_by":null,"url":"\/15.2-2288.6\/"},{"id":57892,"section_number":"3.2-5145.2:1","catch_line":"Sellers or manufacturers of industrial hemp extract; penalties","order_by":null,"url":"\/3.2-5145.2_1\/"},{"id":57817,"section_number":"58.1-3","catch_line":"Secrecy of information; penalties","order_by":null,"url":"\/58.1-3\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":87058,"section_number":"3.2-5100","catch_line":"Duties of Commissioner","order_by":null,"url":"\/3.2-5100\/"},{"id":64756,"section_number":"3.2-5102","catch_line":"Commissioner to have access to factories, warehouses, and other places; examination of samples","order_by":null,"url":"\/3.2-5102\/"}],"permalink":{"id":197261,"object_type":"law","relational_id":59766,"identifier":"3.2-5130","token":"3.2\/IV\/51\/4\/3.2-5130","url":"\/3.2-5130\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5130\/","token":"3.2\/IV\/51\/4\/3.2-5130","dublin_core":{"Title":"Inspections required to operate food establishment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5130","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful to operate as a food manufacturer, food storage warehouse, or retail food establishment until (i) such food manufacturer, food storage warehouse, or retail food establishment has been inspected by the Commissioner<\/span> and (ii) the Commissioner<\/span> has issued a permit pursuant to subsection C of § 3.2-5100<\/a> for the operation of the food manufacturer, food storage warehouse, or retail food establishment. If the inspection finds no significant health hazards to the public, any food manufacturer, food storage warehouse, or retail food establishment may operate until receipt of the permit. Such permit shall be processed within 30 days of the inspection date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the Commissioner<\/span> determines that conditions exist in a food manufacturer, food storage warehouse, or retail food establishment that would render such entity significantly out of compliance with an applicable provision of this chapter or regulation adopted pursuant to this chapter, the Commissioner<\/span> may, in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.), deny, suspend, or revoke the permit of such entity. If the Commissioner<\/span> determines that conditions exist in a food manufacturer, food storage warehouse, or retail food establishment that present a significant and immediate public health hazard, the Commissioner<\/span> may suspend the permit of such entity and shall seek an expedited informal fact<\/span>-finding<\/span> proceeding pursuant to § 2.2-4019<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of subsections A and B shall not apply to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Food manufacturers operating under a grant of inspection from the Office of Meat and Poultry Services or a permit from the Office of Dairy and Foods in the Department<\/span>; and Grade A fluid milk manufacturing plants and shellfish and crustacea processing plants operating under a permit from the Virginia Department<\/span> of Health; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Nonprofit organizations holding one-day food sales; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Private homes where the resident processes and prepares candies, jams, and jellies not considered to be low-acid or acidified low-acid food products, dried fruits, dry herbs, dry seasonings, dry mixtures, coated and uncoated nuts, vinegars and flavored vinegars, popcorn, popcorn balls, cotton candy, dried pasta, dry baking mixes, roasted coffee, dried tea, cereals, trail mixes, granola, and baked goods if such products are (i) those that do not require time or temperature control after preparation; (ii) sold in person in the Commonwealth to an individual for his own consumption and not for resale or consignment; (iii) sold at the private home, at a temporary event that operates for a period of no more than 14 consecutive days, or at a farmers market; (iv) not offered for sale to be used in or offered for consumption in retail food establishments; and (v) affixed with a label placed on the principal display panel<\/span> or, for a product in packaging not large enough to bear such a label, offered for sale with a sign displaying the name, physical address, and telephone number of the person preparing the food product, the date the food product was processed, and the statement “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION.” Nothing in this subdivision shall create or diminish the authority of the Commissioner<\/span> under § 3.2-5102<\/a> or shall prohibit a resident selling a food product in accordance with this subdivision from advertising such food product on the Internet; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Private homes where the resident processes and prepares pickles and other acidified vegetables that have an equilibrium pH value of 4.6 or lower if such products are (i) sold in person in the Commonwealth to an individual for his own consumption and not for resale or consignment; (ii) sold at the private home, at a temporary event that operates for a period of no more than 14 consecutive days, or at a farmers market; (iii) not offered for sale to be used in or offered for consumption in retail food establishments; (iv) affixed with a label placed on the principal display panel<\/span> displaying the name, physical address, and telephone number of the person preparing the food product, the date the food product was processed, and the statement “NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION”; and (v) not exceeding $9,000 in gross sales in a calendar year. Nothing in this subdivision shall create or diminish the authority of the Commissioner<\/span> under § 3.2-5102<\/a> or shall prohibit a resident selling a food product in accordance with this subdivision from advertising such food product on the Internet; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Private homes where the resident processes and prepares honey produced by his own hives, if: (i) the resident sells less than 250 gallons of honey annually; (ii) the resident does not process and sell other food products in addition to honey, except as allowed by subdivisions 3 and 4; (iii) the product complies with the other provisions of this chapter; and (iv) the product is labeled “PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old.” Nothing in this subdivision shall increase or diminish the authority of the Commissioner<\/span> under § 3.2-5102<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Retail establishments that (i) do not prepare or serve food; (ii) sell only food or beverages that are sealed<\/span> in packaging by the manufacturer and have been officially inspected in the manufacturing process; (iii) do not sell infant formulas; (iv) do not sell salvaged foods; and (v) certify to the Department<\/span> that they meet the provisions of this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nonprofit organizations, private homes, and retail establishments that qualify for an exception under subsection C shall be exempt from the permit and inspection requirements of this chapter and the inspection fees. Nothing in this section shall prevent the Department<\/span> from inspecting any nonprofit organization, private home, or retail establishment if a consumer complaint is received. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any person who violates any provision of this section is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINSPECTIONS REQUIRED TO OPERATE FOOD ESTABLISHMENT (\u00a7 3.2-5130)\n\nA. It is unlawful to operate as a food manufacturer, food storage warehouse, or\nretail food establishment until (i) such food manufacturer, food storage\nwarehouse, or retail food establishment has been inspected by the Commissioner\nand (ii) the Commissioner has issued a permit pursuant to subsection C of §\n3.2-5100 for the operation of the food manufacturer, food storage warehouse, or\nretail food establishment. If the inspection finds no significant health hazards\nto the public, any food manufacturer, food storage warehouse, or retail food\nestablishment may operate until receipt of the permit. Such permit shall be\nprocessed within 30 days of the inspection date.\n\nB. If the Commissioner determines that conditions exist in a food manufacturer,\nfood storage warehouse, or retail food establishment that would render such\nentity significantly out of compliance with an applicable provision of this\nchapter or regulation adopted pursuant to this chapter, the Commissioner may, in\naccordance with the Administrative Process Act (§ 2.2-4000 et seq.), deny,\nsuspend, or revoke the permit of such entity. If the Commissioner determines\nthat conditions exist in a food manufacturer, food storage warehouse, or retail\nfood establishment that present a significant and immediate public health\nhazard, the Commissioner may suspend the permit of such entity and shall seek an\nexpedited informal fact-finding proceeding pursuant to § 2.2-4019.\n\nC. The provisions of subsections A and B shall not apply to:\n\n 1. Food manufacturers operating under a grant of inspection from the Office of\n Meat and Poultry Services or a permit from the Office of Dairy and Foods in\n the Department; and Grade A fluid milk manufacturing plants and shellfish and\n crustacea processing plants operating under a permit from the Virginia\n Department of Health;\n\n 2. Nonprofit organizations holding one-day food sales;\n\n 3. Private homes where the resident processes and prepares candies, jams, and\n jellies not considered to be low-acid or acidified low-acid food products,\n dried fruits, dry herbs, dry seasonings, dry mixtures, coated and uncoated\n nuts, vinegars and flavored vinegars, popcorn, popcorn balls, cotton candy,\n dried pasta, dry baking mixes, roasted coffee, dried tea, cereals, trail\n mixes, granola, and baked goods if such products are (i) those that do not\n require time or temperature control after preparation; (ii) sold in person in\n the Commonwealth to an individual for his own consumption and not for resale\n or consignment; (iii) sold at the private home, at a temporary event that\n operates for a period of no more than 14 consecutive days, or at a farmers\n market; (iv) not offered for sale to be used in or offered for consumption in\n retail food establishments; and (v) affixed with a label placed on the\n principal display panel or, for a product in packaging not large enough to\n bear such a label, offered for sale with a sign displaying the name, physical\n address, and telephone number of the person preparing the food product, the\n date the food product was processed, and the statement “NOT FOR RESALE\n — PROCESSED AND PREPARED WITHOUT STATE INSPECTION.” Nothing in\n this subdivision shall create or diminish the authority of the Commissioner\n under § 3.2-5102 or shall prohibit a resident selling a food product in\n accordance with this subdivision from advertising such food product on the\n Internet;\n\n 4. Private homes where the resident processes and prepares pickles and other\n acidified vegetables that have an equilibrium pH value of 4.6 or lower if such\n products are (i) sold in person in the Commonwealth to an individual for his\n own consumption and not for resale or consignment; (ii) sold at the private\n home, at a temporary event that operates for a period of no more than 14\n consecutive days, or at a farmers market; (iii) not offered for sale to be\n used in or offered for consumption in retail food establishments; (iv) affixed\n with a label placed on the principal display panel displaying the name,\n physical address, and telephone number of the person preparing the food\n product, the date the food product was processed, and the statement “NOT\n FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION”;\n and (v) not exceeding $9,000 in gross sales in a calendar year. Nothing in\n this subdivision shall create or diminish the authority of the Commissioner\n under § 3.2-5102 or shall prohibit a resident selling a food product in\n accordance with this subdivision from advertising such food product on the\n Internet;\n\n 5. Private homes where the resident processes and prepares honey produced by\n his own hives, if: (i) the resident sells less than 250 gallons of honey\n annually; (ii) the resident does not process and sell other food products in\n addition to honey, except as allowed by subdivisions 3 and 4; (iii) the\n product complies with the other provisions of this chapter; and (iv) the\n product is labeled “PROCESSED AND PREPARED WITHOUT STATE INSPECTION.\n WARNING: Do Not Feed Honey to Infants Under One Year Old.” Nothing in\n this subdivision shall increase or diminish the authority of the Commissioner\n under § 3.2-5102; and\n\n 6. Retail establishments that (i) do not prepare or serve food; (ii) sell only\n food or beverages that are sealed in packaging by the manufacturer and have\n been officially inspected in the manufacturing process; (iii) do not sell\n infant formulas; (iv) do not sell salvaged foods; and (v) certify to the\n Department that they meet the provisions of this subdivision.\n\nD. Nonprofit organizations, private homes, and retail establishments that\nqualify for an exception under subsection C shall be exempt from the permit and\ninspection requirements of this chapter and the inspection fees. Nothing in this\nsection shall prevent the Department from inspecting any nonprofit organization,\nprivate home, or retail establishment if a consumer complaint is received.\n\nE. Any person who violates any provision of this section is guilty of a Class 1\nmisdemeanor.\n\nHISTORY: 1993, c. 936, \u00a7 3.1-398.1; 2003, c. 420; 2004, c. 953; 2008, cc. 459,\n860; 2011, c. 316; 2013, c. 285; 2022, c. 204; 2024, c. 131.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}