                                 CODE OF VIRGINIA

BOARD AUTHORIZED TO ADOPT REGULATIONS; EXCEPTION (§ 3.2-5101)

A. Whenever in the judgment of the Commissioner action will promote honesty and
fair dealing in the interest of consumers, the Board shall adopt regulations
fixing and establishing for any food or class of food: labeling requirements; a
reasonable definition and standard of identity; and a reasonable standard of
quality and fill of container, or tolerances or limits of variability. In
prescribing a definition and standard of identity for any food or class of food
in which optional ingredients are permitted, the Board shall, for the purpose of
promoting honesty and fair dealing in the interest of the consumers, designate
the optional ingredients that shall be named on the label. The definitions and
standards so adopted may conform so far as practicable to the definitions and
standards promulgated by the Secretary of Health and Human Services under
authority conferred by &#xA7; 401 of the federal act.

B. The Board may adopt regulations for the efficient administration of
subsection C of &#xA7; 3.2-5100 in accordance with the Administrative Process
Act (&#xA7; 2.2-4000 et seq.).

C. Any regulations adopted pertaining to this section shall not apply to
nonprofit organizations holding one-day food sales. The Commissioner may
disseminate to nonprofit organizations educational materials related to the safe
preparation of food for human consumption.

HISTORY: Code 1950, § 3-314; 1966, c. 702, § 3.1-394; 1996, c. 728; 2002, c.
218; 2008, c. 860; 2022, c. 204.