                                 CODE OF VIRGINIA

BOARD AUTHORIZED TO ESTABLISH STANDARDS AND ADOPT REGULATIONS; GUIDANCE OF STATE
HEALTH COMMISSIONER (§ 3.2-5206)

A. The Board is authorized to establish definitions, standards of quality and
identity, and to adopt and enforce regulations dealing with the issuance of
permits, production, importation, processing, grading, labeling, and sanitary
standards for milk, milk products, market milk, market milk products, and those
products manufactured or sold in semblance to or as substitutes for milk, milk
products, market milk, market milk products. Regulations concerning the
processing and distributing of Grade A market milk and Grade A market milk
products shall be adopted with the advice and guidance of the State Health
Commissioner. The Board shall adopt regulations for the issuance of the permits
referred to in &#xA7; 3.2-5208. The Board may require permits in addition to
those prescribed by the terms of this article, and shall adopt regulations
concerning the conditions under which any additional permits shall be issued.

B. In adopting any regulation pursuant to this section, the Board may adopt by
reference:

   1. Any regulation or part thereof under federal law that pertains to milk or
   milk products, amending the federal regulation as necessary for intrastate
   application.

   2. Any model ordinance or regulation issued under federal law, including the
   Pasteurized Milk Ordinance (Public Health Service/Food and Drug Administration
   Publication Number 229) and the U.S. Department of Agriculture&#8217;s Milk
   for Manufacturing Purposes and its Production and Processing Recommended
   Requirements (hereafter the USDA Recommended Requirements), amending it as
   necessary for intrastate application and to: (i) require milk on each dairy
   farm to be cooled and stored at a temperature of 40 degrees Fahrenheit or
   less, but not frozen; (ii) require the use of recording thermometers and
   interval timers on every milk storage tank installed on a permitted Grade A
   milk dairy farm; (iii) specify the design, fabrication, installation,
   inspection, and record keeping necessary for the proper use of such
   thermometers and timers; (iv) establish a definition for small-scale
   processors of cheese under the dairy plant processing requirements contained
   in the USDA Recommended Requirements; and (v) create exemptions for
   small-scale processors of cheese from the USDA Recommended Requirements
   regarding processing requirements for dairy plants, provided such 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 Agricultural
   Engineers, the American Public Health Association, the American Society of
   Mechanical Engineers, or the International Association of Food Protection.

   4. Any method of analysis relating to milk or milk products including any
   method of analysis published by the United States Public Health Service, the
   Association of Official Analytical Chemists, or the American Public Health
   Association.

C. Any regulation adopted pursuant to this section shall, unless a later
effective date is specified in the regulation, be effective upon filing with the
Registrar of Regulations, who shall publish the regulation as a final regulation
in the Virginia Register of Regulations. Neither the provisions of the
Administrative Process Act (&#xA7; 2.2-4000 et seq.) nor public participation
guidelines adopted pursuant thereto shall apply to the adoption of any
regulation pursuant to this section. Prior to adopting any regulation pursuant
to this section, the Board shall publish a notice of opportunity to comment in
the Virginia Register of Regulations. The notice of opportunity to comment 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 contact person responsible for
receiving public comments. The notice of opportunity to comment shall be made at
least 90 days in advance of the last date prescribed in the notice for
submittals of public comment. The legislative review provisions of &#xA7;
2.2-4014 shall apply to the promulgation or final adoption process of
regulations under this section. The Board shall consider and keep on file all
public comments received for any regulation adopted pursuant to this section.

D. Notwithstanding the provisions of subsections B and C, any permits that may
be issued or regulations that may be adopted for the sale or manufacture of
cheese from milk from any species not required to be permitted or regulated in
intrastate commerce prior to July 1, 2001, under this article, shall be in
accordance with the provisions of the Administrative Process Act (&#xA7;
2.2-4000 et seq.) if such regulations or permits apply to persons who
manufacture less than 1,000 pounds of such cheese annually.

HISTORY: Code 1950, § 3-345; 1966, c. 702, § 3.1-424; 1970, c. 49, §
3.1-530.1; 2001, c. 523; 2008, c. 860.