                                 CODE OF VIRGINIA

DUTIES OF THE BOARD (§ 3.2-5404)

In order to accomplish the objective stated in § 3.2-5403, the Board:

1. Shall, by regulations, require antemortem and postmortem inspections,
quarantine, segregation and reinspections with respect to the slaughter of
livestock and poultry and the preparation of livestock products and poultry
products at all establishments in the Commonwealth, except those exempted by the
Commissioner pursuant to subdivision 9 of &#xA7; 3.2-5405, at which livestock or
poultry are slaughtered or livestock products or poultry products are prepared
for human food solely for distribution in intrastate commerce;

2. Shall, by regulations, require the identification of livestock and poultry
for inspection purposes and the marking and labeling of livestock products or
poultry products or their containers, or both, as &#8220;Virginia Inspected and
Passed&#8221; if the products are found upon inspection to be not adulterated
and as &#8220;Virginia Inspected and Condemned&#8221; if they are found upon
inspection to be adulterated, and the destruction for food purposes of all such
condemned products under the supervision of an inspector;

3. Shall prohibit the entry into official establishments of livestock products
and poultry products not prepared under federal inspection or inspection
pursuant to this article and further limit the entry of such articles and other
materials into such establishments under such conditions as it deems necessary
to effectuate the purposes of this article;

4. Shall, by regulations, require that when livestock products and poultry
products leave official establishments they shall bear directly thereon or on
their containers, or both, as it may require, all information required under
&#xA7; 3.2-5402; and require approval of all labeling and containers to be used
for such products when sold or transported in intrastate commerce to assure that
they comply with the requirements of this article;

5. Shall require the investigation of the sanitary conditions of each
establishment within subdivision 1 of this section and require the Commissioner
to withdraw or otherwise refuse to provide inspection service at any such
establishment where the sanitary conditions are such as to render adulterated
any livestock products or poultry products prepared or handled thereat;

6. Shall prescribe regulations relating to sanitation for all establishments
required to have inspection under subdivision 1 of this section;

7. Shall, by regulations, require that the following classes of persons shall
keep such records and for such periods as are specified in the regulations to
fully and correctly disclose all transactions involved in their business, and
afford to the Commissioner access to such places of business, an opportunity, at
all reasonable times, to examine the facilities, inventory and records thereof,
to copy the records, and to take reasonable samples of the inventory upon
payment of the fair market value therefor: any persons that engage in or for
intrastate commerce: (i) in the business of slaughtering any livestock or
poultry, or preparing, freezing, packaging or labeling, buying or selling (as
brokers, wholesalers or otherwise), transporting, or storing any livestock
products or poultry products for human or animal food; or (ii) in business as
renderers or in the business of buying, selling or transporting any dead, dying,
disabled or diseased livestock or poultry, or parts of the carcasses of any such
animals (including poultry) that died otherwise than by slaughter;

8. Shall, by regulations, prescribe the size and style of type to be used for
labeling information required under this article, and definitions and standards
of identity or composition or standards of fill of container, consistent with
federal standards, when it deems such action appropriate for the protection of
the public;

9. Shall, by regulations, prescribe conditions of storage and handling of
livestock products and poultry products by persons engaged in the business of
buying, selling, freezing, storing, or transporting such articles in or for
intrastate commerce to assure that such articles will not be adulterated or
misbranded when delivered to the consumer;

10. Shall, by regulations, require that every person engaged in business in or
for intrastate commerce as a broker, renderer, animal food manufacturer, or
wholesaler or public warehouseman of livestock products or poultry products, or
engaged in the business of buying, selling or transporting in intrastate
commerce, any dead, dying, disabled or diseased livestock or poultry or parts of
the carcasses of any such animals (including poultry) that died otherwise than
by slaughter shall register with the Commissioner his name and the address of
each place of business at which and all trade names under which he conducts such
business;

11. May adopt by reference or otherwise such provisions of the rules and
regulations under the federal acts (with such changes therein as it deems
appropriate to make them applicable to operations and transactions subject to
this article) that shall have the same force and effect as if promulgated under
this article, and promulgate such other rules and regulations it deems necessary
for the efficient execution of the provisions of this article; and

12. Shall promulgate rules of practice providing opportunity for hearing in
connection with issuance of orders under subdivision 5 of this section or
subdivision A 1, A 2, or A 3 of &#xA7; 3.2-5405 pending issuance of a final
order in any such proceeding.

HISTORY: 1970, c. 290, § 3.1-884.20; 1991, c. 344; 2008, c. 860.