Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 531 - REGULATIONS GOVERNING MILK FOR MANUFACTURING PURPOSES › Section 2VAC5-531-50 - Permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person may
				produce, provide, sell, offer for sale, or store in the Commonwealth of
				Virginia, or bring, send, or receive into the Commonwealth of Virginia, any
				milk for manufacturing purposes unless the person possesses a permit from the
				Virginia Department of Agriculture and Consumer Services.
B. No person may produce, process,
				manufacture, handle, package, reprocess, repackage, rework, offer for sale or
				sell any manufactured dairy product in the Commonwealth of Virginia unless the
				person possesses a permit from the Virginia Department of Agriculture and
				Consumer Services. The requirement for a permit shall not apply to (i) any
				person's establishment where a manufactured dairy product is served or sold at
				retail, so long as the manufactured dairy product is not produced,
				manufactured, reprocessed or reworked at the establishment; (ii) any person who
				distributes and does not process manufactured dairy product; or (iii) any
				person producing manufactured dairy product outside the Commonwealth of
				Virginia.
C. The Virginia
				Department of Agriculture and Consumer Services may cancel, suspend, or revoke
				the permit of any person, or may deny to any person a permit if:
1. The permit holder fails to engage daily in
				the business for which the permit is issued;
2. The permit holder does not daily produce,
				provide, manufacture, sell, offer for sale, or store in the Commonwealth of
				Virginia milk for manufacturing purposes or dairy product;
3. The permit holder fails to provide at no
				cost to the Virginia Department of Agriculture and Consumer Services samples of
				milk for manufacturing purposes or dairy product in the person's possession for
				testing by the Virginia Department of Agriculture and Consumer
				Services;
4. The permit holder
				fails to provide on a daily basis milk for manufacturing purposes or dairy
				product in the person's possession for sampling and testing by the Virginia
				Department of Agriculture and Consumer Services;
5. The permit holder fails to comply with any
				requirement of this chapter, or of Article 1 (§ 3.2-5200 et seq.), Article
				2 (§ 3.2-5206 et seq.), and Article 4 (§ 3.2-5218 et seq.) of Chapter
				52 of Title 3.2 of the Code of Virginia;
6. A public health hazard exists that affects
				the permit holder's milk for manufacturing purposes or dairy product;
7. The permit holder or any agent of the
				permit holder has obstructed or interfered with the Virginia Department of
				Agriculture and Consumer Services in the performance of its duties;
8. The permit holder or any agent of the
				permit holder knowingly supplies false or misleading information to the
				Virginia Department of Agriculture and Consumer Services (i) in the permit
				holder's application for a permit; (ii) concerning the identity of the person
				or persons who will control the facility that is the subject of the permit;
				(iii) concerning the amount of milk for manufacturing purposes or dairy product
				which the permit holder produces, provides, manufactures, sells, offers for
				sale, or stores in the Commonwealth of Virginia, or brings, sends, or receives
				into the Commonwealth of Virginia and the distribution of the permit holder's
				milk for manufacturing purposes or dairy product; (iv) concerning any
				investigation conducted by the Virginia Department of Agriculture and Consumer
				Services; or (v) concerning the location of any part of the permit holder's
				operation that is subject to a permit;
9. The permit holder engages in fraudulent
				activity regarding (i) the amount of milk for manufacturing purposes or dairy
				product the permit holder offers to sell or sells; or (ii) the collection of
				samples of the permit holder's milk for manufacturing purposes or dairy product
				used to determine compliance with any provision of this chapter or as a basis
				for payment for milk for manufacturing purposes or dairy product.
10. Three of the most recent five bacteria
				counts, somatic cell counts, or cooling temperature determinations conducted on
				the permit holder's raw milk for manufacturing purposes 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 permit holder's milk for
				manufacturing purposes or dairy product exceed the standards specified in this
				chapter;
12. The most recent drug
				residue test on the permit holder's milk for manufacturing purposes or dairy
				product violates the standard specified in this chapter;
13. The most recent phosphatase test on the
				permit holder's dairy product violates the standard specified in this
				chapter;
14. The most recent
				chemical residue test or pesticide residue test on the permit holder's milk for
				manufacturing purposes or dairy product exceeds the actionable level, tolerance
				level, or safe level for any chemical residue or pesticide residue specified in
				40 CFR Parts 180, 185, or 186 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130,
				131, 133, 170, 172, 173, 174, 175, 176, 177, 178, 189, 556, 564, 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 Parts
				180, 185, or 186 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170,
				172, 173, 174, 175, 176, 177, 178, 189, 556, 564, 570, 573, 589, the tolerance
				level shall be deemed to be zero;
15. The permit holder fails to correct any
				deficiency that the Virginia Department of Agriculture and Consumer Services
				has cited in a written notice of intent to suspend the permit holder's permit,
				as a violation of this chapter;
16.
				The permit holder's raw milk for manufacturing purposes is warmer than 50°F
				two hours after the completion of the first milking or the permit holder's raw
				milk for manufacturing purposes is warmer than 50°F during or after any
				subsequent milking;
17. The dairy
				farm permit holder's raw milk for manufacturing purposes is older than 76
				hours;
18. The permit holder's
				equipment is covered or partially covered by an accumulation of milk solids,
				milkfat, or other residue;
19. The
				permit holder sells or offers for sale milk for manufacturing purposes or dairy
				product which violates any requirement of this chapter;
20. The permit holder's permit is suspended
				three times within a 12-month period for violation of the bacteria, coliform,
				cooling temperature, somatic cell, drug residue, maximum length of time for
				milk storage on the farm, phosphatase, chemical residue, pesticide residue
				standards, or other requirements specified in this chapter;
21. The authority in another state
				responsible for issuing 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 of Virginia;
22. The Virginia Department of Agriculture
				and Consumer Services has previously revoked the person's permit to produce,
				provide, sell, offer for sale, or store in the Commonwealth of Virginia, or
				bring, send, or receive into the Commonwealth of Virginia, any milk for
				manufacturing purposes;
23. The
				Virginia Department of Agriculture and Consumer Services has previously revoked
				the person's permit to produce, process, manufacture, handle, package,
				reprocess, repackage, or rework, and offer for sale or sell any manufactured
				dairy product in the Commonwealth of Virginia;
24. The most recent coliform count on the
				permit holder's cheese violates the standard specified in this chapter;
				and
25. The most recent
				Staphylococcus aureus count on the permit holder's cheese violates the standard
				specified in this chapter.