Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-31 - Authority to cancel, suspend, revoke, or deny a permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. The state regulatory agency may cancel,
				suspend, or revoke the grade A permit of any person or may deny to any person a
				grade A permit if:
1. The grade A permit
				holder fails to engage daily in the business for which the grade A permit is
				issued;
2. The grade A permit
				holder does not daily produce, provide, manufacture, sell, offer for sale, or
				store in the Commonwealth, or bring, send, or receive into the Commonwealth
				milk, milk product, condensed milk product, or dry milk product;
3. The grade A permit holder fails to provide
				at no cost to the state regulatory agency samples of milk, milk product,
				condensed milk product, and dry milk product in the person's possession for
				testing by the state regulatory agency;
4. The grade A permit holder fails to provide
				on a daily basis milk, milk product, condensed milk product, or dry milk
				product in the person's possession for sampling and testing by the state
				regulatory agency;
5. The grade A
				permit holder fails to comply with any requirement of this chapter or of
				§§
										3.2-5200
				through
				3.2-5211
				or
				3.2-5218 through
				3.2-5233 of the
				Code of Virginia;
6. A public
				health hazard exists that affects the grade A permit holder's milk, milk
				product, condensed milk product, or dry milk product;
7. The grade A permit holder or any agent of
				the grade A permit holder has obstructed or interfered with the state
				regulatory agency in the performance of its duties;
8. The person supplies false or misleading
				information to the state regulatory agency (i) in the person's application for
				a grade A permit; (ii) concerning the identity of the person who will control
				the facility that is the subject of the grade A permit; (iii) concerning the
				amount of milk, milk product, condensed milk product, or dry milk product that
				the person produces, provides, manufactures, sells, offers for sale, or stores
				in the Commonwealth, or brings, sends, or receives into the Commonwealth and
				the distribution of the person's milk, milk product, condensed milk product, or
				dry milk product; (iv) concerning any investigation conducted by the state
				regulatory agency; or (v) concerning the location of any part of the person's
				operation that is subject to a grade A permit;
9. The grade A permit holder engages in
				fraudulent activity regarding (i) the amount of milk, milk product, condensed
				milk product, or dry milk product the person offers to sell or sells; or (ii)
				the collection of samples of the person's milk, milk product, condensed milk
				product, or dry milk product used to determine compliance with any provision of
				this chapter or as a basis for payment for milk, milk product, condensed milk
				product, or dry milk product;
10.
				Three of the most recent five bacteria counts, somatic cell counts, or cooling
				temperature determinations conducted on the grade A permit holder's raw milk
				exceed the standards specified in this chapter;
11. Three of the most recent five bacteria
				counts, coliform determinations, or cooling temperature determinations
				conducted on the grade A permit holder's milk, milk product, condensed milk
				product, or dry milk product exceed the standards specified in this
				chapter;
12. The most recent
				aflatoxin or drug residue test on the grade A permit holder's milk, milk
				product, condensed milk product, or dry milk product violates the standards
				specified in this chapter;
13. The
				most recent chemical residue test or pesticide residue test on the grade A
				permit holder's milk, milk product, condensed milk product, or dry milk product
				exceeds the actionable level, tolerance level, or safe level for any chemical
				residue or pesticide residue specified in 40 CFR Part 180 and 21 CFR Parts 70,
				71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175, 176, 177, 178, 189,
				556, 570, 573, 589. In the event that no actionable level, tolerance level, or
				safe level for a chemical residue or pesticides residue has been established in
				40 CFR Part 180 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170,
				172, 173, 174, 175, 176, 177, 178, 189, 556, 570, 573, 589, the tolerance level
				shall be deemed to be zero;
14. The
				grade A permit holder fails to correct any (i) violation of this chapter
				documented as a result of an inspection or (ii) deficiency or nonconformity
				documented as a result of a HACCP audit that the state regulatory agency has
				cited in a written notice of intent to suspend the person's grade A permit, as
				a violation of this chapter;
15.
				The grade A permit holder's equipment is covered or partially covered by an
				accumulation of milk solids, milk fat, or other residue so that the milk, milk
				product, condensed milk product, or dry milk product is adulterated;
16. The grade A permit holder sells or offers
				for sale milk, milk product, condensed milk product, or dry milk product that
				violates any requirement of this chapter;
17. The grade A permit holder's permit is
				suspended three times within a 12-month period;
18. The agency in another state responsible
				for issuing grade A permits has denied, suspended, or revoked the permit of the
				person in that state for any act or omission that would violate this chapter or
				the statutes under which this chapter was adopted, had the act or omission
				occurred in the Commonwealth; or
19. The state regulatory agency has
				previously revoked the person's grade A permit.