                                 CODE OF VIRGINIA

EXCESSIVE DRUG RESIDUE; PENALTY (§ 3.2-5211)

A. For the purposes of this section:
			&#8220;Dairy farm&#8221; means any farm producing Grade A milk or milk for
manufacturing purposes.
			&#8220;Excessive drug residue&#8221; means drug residue that is: (i) greater
than the value specified as a safe level by the U.S. Food and Drug
Administration; (ii) equal to or greater than the value specified as the minimum
actionable level by the U.S. Food and Drug Administration; or (iii) greater than
the value specified as the maximum tolerance level established by federal law.
In the event that no safe level, actionable level, or tolerance level for drug
residue has been established under federal law, any drug residue shall be deemed
to exceed the safe level, minimum actionable level, or tolerance level of drug
residue.
			&#8220;Official drug test&#8221; means a test: (i) performed by a laboratory
that is certified by the Interstate Milk Shippers (IMS) and listed as certified
in the IMS List Sanitation Compliance and Enforcement Ratings of Interstate Milk
Shippers published by the U.S. Food and Drug Administration; (ii) performed in a
laboratory operated by the Commonwealth; or (iii) performed using a method that
has been reviewed and accepted by the United States Public Health Service, the
Association of Official Analytical Chemists, or the American Public Health
Association.

B. Where an official drug test detects the presence of excessive drug residue in
milk produced at a dairy farm, the Commissioner may: (i) assess a civil penalty
not to exceed $100 against the operator of the dairy farm; or (ii) order the
suspension of any permit issued to the operator pursuant to &#xA7; 3.2-5206. No
civil penalty shall be assessed under this section unless the operator of the
dairy farm has been given the opportunity for an informal fact-finding
conference pursuant to &#xA7; 2.2-4019. If the matter is not resolved by the
informal fact-finding conference or the operator of the dairy farm is
dissatisfied with the Commissioner&#8217;s decision from the informal
fact-finding conference, the operator may request a second informal fact-finding
conference. Any such request shall be submitted by the operator to the
Commissioner within 30 days after the operator&#8217;s receipt of the decision.
The Commissioner in his discretion may grant or deny such request.
			Nothing in this section shall be construed to require the Commissioner to
hold a formal hearing pursuant to &#xA7; 2.2-4020 prior to the assessment of a
civil penalty or the suspension of a permit pursuant to this section.

C. If the Commissioner assesses a civil penalty pursuant to this section and the
operator of the dairy farm fails to pay the civil penalty in a timely manner,
the Commissioner shall suspend any permit issued pursuant to &#xA7; 3.2-5206 to
the operator.

D. Civil penalties assessed under this section shall be paid into the general
fund of the state treasury. The Board shall prescribe procedures for payment of
civil penalties. The procedures shall include provisions for a person to consent
to abatement of the alleged violation and pay a penalty or negotiated sum in
lieu of such penalty without admission of civil liability arising from such
alleged violation.

HISTORY: 2001, c. 523, § 3.1-530.11; 2008, c. 860.