Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-105 - New or test facilities and equipment; equipment design, construction, and approval process

Current through Register Vol. 40, No. 24, July 15, 2024
A. At the
				request of any grade A permit holder, the state regulatory agency may allow the
				temporary installation of equipment or the temporary construction of dairy
				facilities that the state regulatory agency has no or limited regulatory
				experience with, on a trial basis, to determine if the equipment or dairy
				facilities can comply with the requirements of this chapter under normal
				conditions of use. The state regulatory agency will at a minimum evaluate the
				equipment or facilities for compliance with the requirements of this chapter
				when newly installed, as well as, complete a separate evaluation of the
				inspection record during the trial of the equipment or facilities to comply
				with the requirements of this chapter over time under normal conditions of
				use.
B. At the conclusion of each
				trial, the state regulatory agency shall inform the grade A permit holder in
				writing if the equipment or facilities or both the equipment and facilities
				comply with the requirements of this chapter. If the equipment or facilities do
				not comply or both the equipment and facilities do not comply with the
				requirements of this chapter, the state regulatory agency shall inform the
				grade A permit holder in writing to alter or remove his equipment or facilities
				or to alter or remove both his equipment and facilities within a maximum of six
				months from the date of receipt of the written decision by the permit
				holder.
C. The state regulatory
				agency may renew or extend any temporary installation of equipment or the
				temporary construction of dairy facilities beyond the time specified in the
				written agreement between the grade A permit holder and the state regulatory
				agency.
D. If the state regulatory
				agency agrees to allow the temporary installation of equipment or the temporary
				construction of dairy facilities, the state regulatory agency and the grade A
				permit holder installing the equipment or constructing the facilities shall
				each sign a written agreement that at a minimum includes:
1. A description of the equipment or
				facilities and detailed plans for their installation acceptable to the state
				regulatory agency;
2. The name of
				the grade A permit holder and the physical address where the equipment or
				facilities will be installed;
3.
				The name and contact information for the person who will be installing the
				equipment or constructing the facilities;
4. A detailed plan including:
a. A description of the items to be evaluated
				by the state regulatory agency;
b.
				Criteria to judge the acceptability of performance by which each item being
				evaluated will be measured by the state regulatory agency;
c. A time table specifying the length of the
				trial, the minimum number of inspections, and time periods between
				inspections;
d. How inspection
				findings will be documented and reviewed with the permit holder and at what
				frequency;
e. A provision for the
				state regulatory agency to end the temporary installation agreement before the
				completion of the timeline and reject the equipment or facilities as not
				complying with the requirements of this chapter if continuation of the trial
				will not substantially affect the decision of the state regulatory
				agency;
f. A provision that at the
				end of the timeline specified in the agreement, the permit holder will remove
				or alter the equipment or facilities within a maximum of six months from the
				date the permit holder receives written instruction to do so from the state
				regulatory agency to comply with the requirements of this chapter if the state
				regulatory agency does not approve the equipment or facilities; and
g. A provision that the permit holder's
				failure to remove or alter the equipment or facilities to comply with the
				requirements of this chapter within six months after receipt of written
				instructions from the state regulatory agency shall be considered sufficient
				cause for permit suspension.