                                 CODE OF VIRGINIA

INSPECTIONS REQUIRED TO OPERATE FOOD ESTABLISHMENT (§ 3.2-5130)

A. 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 &#xA7;
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. 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 (&#xA7; 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 &#xA7; 2.2-4019.

C. The provisions of subsections A and B shall not apply to:

   1. 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;

   2. Nonprofit organizations holding one-day food sales;

   3. 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 &#8220;NOT FOR RESALE
   &#x2014; PROCESSED AND PREPARED WITHOUT STATE INSPECTION.&#8221; Nothing in
   this subdivision shall create or diminish the authority of the Commissioner
   under &#xA7; 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. 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 &#8220;NOT
   FOR RESALE &#x2014; PROCESSED AND PREPARED WITHOUT STATE INSPECTION&#8221;;
   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 &#xA7; 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. 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 &#8220;PROCESSED AND PREPARED WITHOUT STATE INSPECTION.
   WARNING: Do Not Feed Honey to Infants Under One Year Old.&#8221; Nothing in
   this subdivision shall increase or diminish the authority of the Commissioner
   under &#xA7; 3.2-5102; and

   6. 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.

D. 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.

E. Any person who violates any provision of this section is guilty of a Class 1
misdemeanor.

HISTORY: 1993, c. 936, § 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.