reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 430 - RULES AND REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA INDUSTRIAL ETHANOL ACT [REPEALED] › Section 2VAC5-430-10 to 2VAC5-430-70 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 440 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - COTTON BOLL WEEVIL QUARANTINE › Section 2VAC5-440-20 - Notice of quarantine

Current through Register Vol. 40, No. 24, July 15, 2024
Under the authority of Article 1 (§ 3.2-700 et seq.) of
				  Chapter 7 of Title 3.2 of the Code of Virginia, a quarantine of the
				  Commonwealth of Virginia and all cotton producing states and countries infested
				  with the boll weevil is hereby established to control, eradicate, and prevent
				  the spread or reintroduction of the cotton boll weevil, "Anthonomus grandis
				  grandis" Boheman.
Statutory Authority
§ 3.2-703 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 440 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - COTTON BOLL WEEVIL QUARANTINE › Section 2VAC5-440-30 - Regulated articles

Current through Register Vol. 40, No. 24, July 15, 2024
The following shall not be moved from any regulated area into
				  Virginia, in any manner or method, except in compliance with the conditions
				  prescribed in this chapter:
1. The
				boll weevil, "Anthonomous grandis grandis" Boheman, in any living state of
				development.
2. Seed
				cotton.
3. Gin trash.
4. Used cotton harvesting
				equipment.
5. Any other products,
				articles, or means of conveyance of any kind not covered by subdivisions 1
				through 4 of this section, when it is determined by an inspector that they
				present a hazard of spread of the boll weevil and the person in possession is
				notified.
Statutory Authority
§ 3.2-703 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 440 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - COTTON BOLL WEEVIL QUARANTINE › Section 2VAC5-440-40 - Requirements for program participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. All cotton farm operators in Virginia are
				hereby required to participate in the Boll Weevil Eradication and Exclusion
				Program. Participation shall include timely reporting of acreage and field
				locations, compliance with regulations, and payment of fees. The department
				shall notify farm operators of their program costs on a per acre basis. The
				following procedures are required for participation in the program:
1. Report cotton acreage and cotton field
				location or locations to the FSA office by July 1 of the current growing season
				for which participation is required. Any farm operator who does not report his
				cotton acreage and cotton field location or locations by July 1 will not be
				considered a program participant and may be subject to a penalty of 10% of the
				fee due for his unreported cotton acreage.
2. A farm operator shall pay a nonrefundable
				fee in an amount sufficient to cover estimated program costs as determined by
				the commissioner. Fees shall be made payable to Treasurer of Virginia and must
				be paid within 30 days of the invoice date. The commissioner shall set this fee
				following consultation with state, federal, and private organizations
				responsible for the implementation and funding of the Boll Weevil Eradication
				and Exclusion Program conducted in the Commonwealth.
3. Cotton grown for noncommercial purposes
				shall not be planted in Virginia unless the grower applies for and receives an
				exemption to grow cotton from the commissioner. Applications shall be made in
				writing to the commissioner, stating the conditions under which the grower
				requests such exemption. The decision whether all or part of these requirements
				shall be exempted shall be based on the following:
a. Location of growing area;
b. Size of growing area;
c. Pest conditions in the growing
				area;
d. Accessibility of growing
				area;
e. Any stipulations set forth
				in a compliance agreement between the individual and the department that are
				necessary for the effectuation of the program.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 440 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - COTTON BOLL WEEVIL QUARANTINE › Section 2VAC5-440-50 - Conditions governing the issuance of certificates and permits to allow the movement of regulated articles

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Certificates shall be issued by an authorized inspector for movement of the
				regulated articles designated in
				2VAC5-440-30 under any of the
				following conditions when:
1. In the judgment
				of the authorized inspector, they have not been exposed to boll weevil in any
				living stage.
2. They have been
				examined by the authorized inspector and found to be free of boll weevil in any
				living stage.
3. They have been
				treated to destroy boll weevil, under the observation of the authorized
				inspector, according to methods selected by him from procedures known to be
				effective under the conditions in which applied.
4. Grown, produced, stored, or handled in
				such manner that, in the judgment of the authorized inspector, no boll weevil
				would be transmitted.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 440 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - COTTON BOLL WEEVIL QUARANTINE › Section 2VAC5-440-60 - Cancellation of certificates and permits

Current through Register Vol. 40, No. 24, July 15, 2024
Any certificate or permit which has been issued or authorized
				  may be withdrawn by the inspector if determined that the holder has not
				  complied with any condition for their use or with any applicable compliance
				  agreement.
Statutory Authority
§ 3.2-703 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 440 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - COTTON BOLL WEEVIL QUARANTINE › Section 2VAC5-440-70 - Compliance agreements; and cancellation thereof

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person engaged in the business of
				growing, handling, or moving regulated articles may enter into a compliance
				agreement to facilitate the movement of such articles under this quarantine.
				Compliance agreement forms may be obtained from an inspector.
B. Any compliance agreement may be cancelled
				by the inspector who is supervising its enforcement whenever he finds that the
				party covered by the agreement has failed to comply with the conditions as
				stated. Cancellation appeals may be taken to the commissioner in writing within
				seven calendar days of the cancellation.
Statutory Authority
§ 3.2-703 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 440 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - COTTON BOLL WEEVIL QUARANTINE › Section 2VAC5-440-80 to 2VAC5-440-90 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 440 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - COTTON BOLL WEEVIL QUARANTINE › Section 2VAC5-440-100 - Inspection of shipments

Current through Register Vol. 40, No. 24, July 15, 2024
Any product to be moved either within or out of the
				  Commonwealth, which is suspected of containing the boll weevil, shall be
				  subject to inspection. The shipment may be stopped at any time or place by an
				  inspector. When such a product is found to threaten the spread of the boll
				  weevil to noninfested areas, the inspector may require measures to eliminate
				  the infestation.
Statutory Authority
§ 3.2-703 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 440 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - COTTON BOLL WEEVIL QUARANTINE › Section 2VAC5-440-110 - Determination of reasonableness of costs for services, products, or articles

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner, pursuant to § 3.2-711 of the Code of
				  Virginia, may determine that costs for services, products, or articles shall be
				  paid by the persons affected when the commissioner determines that those
				  services, products, or articles are beyond the reasonable scope of
				  administering the Virginia Tree and Crop Pests Law (§ 3.2-700 et seq. of
				  the Code of Virginia).
Statutory Authority: § 3.2-703 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 440 - RULES AND REGULATIONS FOR ENFORCEMENT OF THE VIRGINIA PEST LAW - COTTON BOLL WEEVIL QUARANTINE › Form - FORMS (2VAC5-440)

Current through Register Vol. 40, No. 24, July 15, 2024
Cotton Acreage Reporting Form (rev. 3/99).
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 450 - RULES AND REGULATIONS RELATING TO THE VIRGINIA PLANTS AND PLANT PRODUCTS INSPECTION LAW › Section 2VAC5-450-10 - Nursery registration

Current through Register Vol. 40, No. 24, July 15, 2024
A registered nursery with one or more sales locations
				  separated from the parent nursery shall not be required to register each
				  separate sales location, but shall have a copy of the registration certificate
				  available at each separate sales location.
Statutory Authority
§ 3.2-3800 through 3.2-3811 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 450 - RULES AND REGULATIONS RELATING TO THE VIRGINIA PLANTS AND PLANT PRODUCTS INSPECTION LAW › Section 2VAC5-450-20 - Nursery shipments out of the Commonwealth

Current through Register Vol. 40, No. 24, July 15, 2024
As authorized by Chapter 38 (§ 3.2-3800 et seq.) of
				  Title 3.2 of the Code of Virginia, known as the Plants and Plant Products
				  Inspection Law, Narcissus plants, bulbs, and vegetable transplants destined for
				  shipment out of the Commonwealth are nursery stock. Narcissus bulbs inspected
				  during the growing season, and again after they are dug and cleaned, may be
				  eligible for certification.
Statutory Authority
§ 3.2-109 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 450 - RULES AND REGULATIONS RELATING TO THE VIRGINIA PLANTS AND PLANT PRODUCTS INSPECTION LAW › Section 2VAC5-450-30 - Field-grown vegetable transplants

Current through Register Vol. 40, No. 24, July 15, 2024
Field-grown vegetable transplants inspected during the
				  growing season, and again when pulled and packed, may be eligible for
				  certification.
Statutory Authority
§ 3.2-3800 through 3.2-3811 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 450 - RULES AND REGULATIONS RELATING TO THE VIRGINIA PLANTS AND PLANT PRODUCTS INSPECTION LAW › Section 2VAC5-450-40 - European black currant plants

Current through Register Vol. 40, No. 24, July 15, 2024
Since European black currant plants, "Ribes nigrum," are
				  capable of harboring and disseminating the destructive disease of white pine,
				  commonly known as White Pine Blister Rust, "Cronartium ribicola," European
				  black currant plants may not be moved to any destination in
				  Virginia.
Statutory Authority
§ 3.2-3800 through 3.2-3811 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 480 - REGULATION GOVERNING THE OXYGENATION OF GASOLINE › Section 2VAC5-480-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				shall:
1. Be enforced only at the
				commencement of the control period that begins at least 180 days after notice
				by the Commissioner of Agriculture and Consumer Services (commissioner) appears
				in The Virginia Register of Regulations, which notice shall state that the
				Director of the Department of Environmental Quality (director) has informed the
				commissioner that (because the air quality standard for carbon monoxide has
				been exceeded two or more times in a calendar year at any one of the air
				quality monitoring stations in the Metropolitan Washington,
				D.C.-Virginia-Maryland Statistical Area) the maintenance plan for the Northern
				Virginia area requires the enforcement of this chapter; and
2. Cease to be enforced when the conditions
				of subdivision A 1 of this section have occurred and the commissioner receives
				written notice from the director that enforcement of this chapter is no longer
				required to satisfy the maintenance plan. The commissioner shall publish this
				written notice in the Virginia Register of Regulations.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 480 - REGULATION GOVERNING THE OXYGENATION OF GASOLINE › Section 2VAC5-480-30 - Minimum oxygenate content

Current through Register Vol. 40, No. 24, July 15, 2024
No person may sell or transfer gasoline to a retail outlet
				  operator or wholesale purchaser-consumer who is within the control area during
				  a control period unless the gasoline contains a minimum of 2.7% oxygen by
				  weight as determined in accordance with
				  2VAC5-480-70 of this
				  chapter.
Statutory Authority
§§ 59.1-153 and 59.1-156 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 480 - REGULATION GOVERNING THE OXYGENATION OF GASOLINE › Section 2VAC5-480-40 - Nature of oxygenates

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
				person may sell or transfer gasoline to a retail outlet operator or wholesale
				purchaser-consumer located in the control area during a control period unless
				such gasoline contains an oxygenate which is:
1. Of the type and quality allowed under the
				federal Clean Air Act;
2. Of a type
				"substantially similar" under § 211(f)(1) of the federal Clean Air Act, 42
				USC § 7545(f)(1); or
3.
				Approved through the waiver granted under § 211(f)(4) of the federal Clean
				Air Act, 42 USC § 7545(f)(4).
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 480 - REGULATION GOVERNING THE OXYGENATION OF GASOLINE › Section 2VAC5-480-50 - Record keeping and transfer requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any terminal operator who ships or causes
				to have shipped gasoline to or within the control area during a control period
				shall make a record to be made no later than the time of shipment of the
				gasoline. Any person who ships the gasoline to or within the control area
				during a control period shall carry a copy of the record made by the terminal
				operator. The terminal operator shall retain for one year after the creation of
				the record or until this chapter ceases to have effect, whichever is the
				sooner, a copy of the record and shall make such record available for
				inspection by the commissioner. Such record shall contain for each batch of
				gasoline leaving the terminal operator:
1. The
				volume of gasoline;
2. The class of
				oxygenate in the gasoline, if any, that is to say whether the gasoline contains
				an ether or an alcohol based oxygenate;
3. The oxygen content, if any;
4. A declaration of whether the destination
				of the batch of gasoline leaving the terminal operator is within the control
				area or not; and
5. The name and
				address of the person to whom the terminal operator shipped the batch of
				gasoline and the date of such shipment.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 480 - REGULATION GOVERNING THE OXYGENATION OF GASOLINE › Section 2VAC5-480-60 - Gasoline pump labeling

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				retail outlet operator shall post a label on any gasoline pump located in the
				control area from which gasoline is dispensed and which is operated by the
				retail outlet operator. The retailer shall ensure that the label remains
				permanently affixed to the gasoline pump. The label shall be worded as follows:
"The following statement is applicable only from November 1
				  through the last day of February: "The gasoline dispensed from this pump is
				  oxygenated and will reduce carbon monoxide pollution from motor
				  vehicles."'
B. The retail
				outlet operator shall post the label required by subsection A of this section
				in block letters of no smaller than 20-point bold type, in a color contrasting
				with the background. The label shall be placed in the upper two-thirds of the
				front panel of the gasoline pump on the vertical surface of the same side as
				the price and gallonage or quantity display of the gasoline pump in a position
				plain and conspicuous from the driver's position.
C. The retail outlet operator shall also
				label the pump with:
1. The brand name,
				trademark or trade name of the motor fuel it contains;
2. The grade, blend or mixture of the motor
				fuel it contains;
3. The octane
				rating of the motor fuel it contains; and
4. If the product contains one percent or
				more ethanol or methanol, information identifying the kind of alcohol and the
				percentage of each at the time of blending, in letters not less than one inch
				in height.4
4From § 59.1-167A of the Code
				  of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 480 - REGULATION GOVERNING THE OXYGENATION OF GASOLINE › Section 2VAC5-480-70 - Sampling, testing, and oxygen content calculations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Sampling methodologies used by the
				commissioner to determine compliance with this chapter shall be those set forth
				in Appendix D, 40 CFR Part 80, which is hereby adopted by reference.
B. Determination by the commissioner of the
				oxygenate and its weight and volume in gasoline shall be in accordance with
				test method ASTM D 4815-89 as set forth in ASTM specification D 4814 or other
				methods developed or approved by the United States Environmental Protection
				Agency.
C. Oxygen content shall be
				calculated by the commissioner by multiplying the mass concentration of each
				oxygenate in gasoline by the oxygen molecular weight contribution of the
				oxygenate. All volume measurements shall be adjusted to 60 degrees Fahrenheit.
				For the purpose of calculating oxygen content, the following oxygen molecular
				weight contributions shall be used:
Oxygenate
Oxygen Mass Fraction
Relative Density 60/60°F
Methyl Alcohol
0.4993
0.7963
Ethyl Alcohol
0.3473
0.7939
n-Propyl Alcohol
0.2662
0.8080
Isopropyl Alcohol
0.2662
0.7899
n-Butyl Alcohol
0.2158
0.8137
Isobutyl Alcohol
0.2158
0.8058
sec-Butyl Alcohol
0.2158
0.8114
tertiary-Butyl Alcohol
0.2158
0.7922*
Methyl Tertiary-Butyl Ether
0.1815
0.7460
Ethyl tertiary-Butyl Ether
0.1566
0.7452
tertiary-Amyl Methyl Ether
0.1566
0.7752
tertiary-Hexyl Methyl Ether
0.1377
0.7860
Dilso propyl ether 0.1566
0.1566
0.7300
*Extrapolated, below freezing temperature.
D.
				Oxygenated gasoline shall consist of a single homogenous mixture, presenting no
				indication of phase separation when tested by the commissioner in accordance
				with the test method described in Annex A3 of ASTM Specification D-4814.
1. -8°C (17°F) during the month of
				January.
2. -7°C (19°F)
				during the month of February.
3.
				-3°C (26°F) during the month of March.
4. 3°C (37°F) during the month of
				April.
5. 9°C (48°F) during
				the month of May.
6. 10°C
				(50°F) during the months of June, July, August, and September.
7. 4°C (39°F) during the month of
				October.
8. -2°C (28°F)
				during the month of November.
9.
				-7°C (19°F) during the month of December.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 480 - REGULATION GOVERNING THE OXYGENATION OF GASOLINE › Section 2VAC5-480-80 - Compliance and enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				retail outlet operator or wholesale purchaser-consumer will be deemed in
				compliance with the requirements of this chapter during a transitional period
				comprising the first 10 days of the control period, provided that for all
				deliveries of gasoline during the five days immediately preceding the control
				period the gasoline delivered to that retail outlet operator or wholesale
				purchaser-consumer complies with the minimum oxygenate content specified by
				2VAC5-480-30.
B. Any retail outlet operator or wholesale
				purchaser-consumer who purchases or receives, and offers for sale, or dispenses
				gasoline found not to be in compliance with the requirements of this chapter
				will be subject to having such gasoline ordered off sale or removed from use by
				the commissioner. After such ordering off sale or removal from use, the retail
				outlet operator or wholesale purchaser-consumer may:
1. Re-offer for sale gasoline that has been
				ordered off sale or removed from use, provided that prior to such re-offering
				for sale such gasoline has been blended by any person with additional
				oxygenates sufficient to comply with the minimum oxygenate content specified by
				2VAC5-480-30, and provided that
				prior to such re-offering for sale the sampling taken by the commissioner meets
				the minimum oxygenate content specified by
				2VAC5-480-30 of this
				chapter;
2. Sell or transfer
				gasoline for use outside the control area that has been ordered off sale or
				removed from use, provided that the retail outlet operator or wholesale
				purchaser-consumer complies with the record keeping requirements of
				2VAC5-480-50 C (in the case of the
				retail outlet operator) and
				2VAC5-480-50 D (in the case of the
				wholesale purchaser-consumer) of this chapter, and provided that prior to the
				sale or transfer the retail outlet operator or wholesale purchaser-consumer
				provides the commissioner with an affidavit stating that the retail outlet
				operator or the wholesale purchaser-consumer will not sell or transfer the
				gasoline in or to the control area during the control period, and also stating
				the proposed disposition of the gasoline; or
3. Have gasoline that has been ordered off
				sale or removed from use released and returned to the retail outlet operator or
				wholesale purchaser-consumer by the commissioner, provided that prior to such
				release the retail outlet operator or wholesale purchaser-consumer provides the
				commissioner with an affidavit stating that the retail outlet operator or
				wholesale purchaser-consumer will not sell or transfer the gasoline in or to
				the control area during the control period, and also stating the proposed
				disposition of the gasoline.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 480 - REGULATION GOVERNING THE OXYGENATION OF GASOLINE › Section - DOCUMENTS INCORPORATED BY REFERENCE (2VAC5-480)

Current through Register Vol. 40, No. 24, July 15, 2024
ASTM D 4814-95c, Standard Specification for Automotive
				  Spark-Ignition Engine Fuel, published February 1996.
ASTM D 4815-94a, Standard Test Method for Determination of
				  MTBE, ETBE, TAME, DIPE, Tertiary-Amyl Alcohol and C1 to C4 Alcohols by Gas
				  Chromatography, published September 1994.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-5 - Grade "A" Pasteurized Milk Ordinance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person permitted in accordance with
				Chapter 52 (§
									3.2-5200
				et seq.) of Title 3.2 of the Code of Virginia regarding milk, milk products,
				and dairies shall comply with the provisions of the "Grade "A" Pasteurized Milk
				Ordinance, 2017 Revision."
B.
				Section 1 of the "Grade "A" Pasteurized Milk Ordinance, 2017 Revision"
				regarding definitions shall be used to determine the meanings of the words or
				terms used in this chapter or in the "Grade "A" Pasteurized Milk Ordinance,
				2017 Revision" unless the context clearly indicates otherwise. If any
				definition in Section 1 of the "Grade "A" Pasteurized Milk Ordinance, 2017
				Revision" conflicts with a definition in
				2VAC5-490-10,
				2VAC5-490-10
				shall control to the extent of the conflict.
C. If any provision of the "Grade "A"
				Pasteurized Milk Ordinance, 2017 Revision" conflicts with a provision in
				2VAC5-490-10
				through
				2VAC5-490-140
				of this chapter, the provision in
				2VAC5-490-10
				through
				2VAC5-490-140
				of this chapter shall control to the extent of the conflict.
D. If any provision of the "Grade "A"
				Pasteurized Milk Ordinance, 2017 Revision" or this chapter conflicts with a
				regulation pertaining to waterworks or private wells adopted by the State Board
				of Health pursuant to §
									32.1-170 or
				32.1-176.4
				of the Code of Virginia, the regulation adopted by the State Board of Health
				shall control to the extent of the conflict.
E. If any provision of the "Grade "A"
				Pasteurized Milk Ordinance, 2017 Revision" or this chapter conflicts with a
				regulation pertaining to onsite sewage systems adopted by the State Board of
				Health pursuant to §
									32.1-164
				of the Code of Virginia, the regulation adopted by the State Board of Health
				shall control to the extent of the conflict.
Statutory Authority: §
											3.2-5206
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Pull date" means the date affixed to a consumer package or
				  container of grade A pasteurized milk or grade A pasteurized milk product that
				  is the date after the day of manufacturing and processing of the package or
				  container and the last day on which the grade A pasteurized milk or grade A
				  pasteurized milk product as determined by the milk plant may be offered for
				  sale to consumers under normal storage.
"State regulatory agency" means the Commissioner of
				  Agriculture and Consumer Services or his agent when carrying out any duty
				  specified in §
									3.2-5207
				  of the Code of Virginia or the State Health Commissioner or his agent when
				  carrying out any duty specified in §
									3.2-5208
				  of the Code of Virginia.
"Summarily suspend" means the immediate suspension of a
				  permit issued by the state regulatory agency without the permit holder being
				  granted the opportunity to contest the action prior to the effective date and
				  time of the suspension.
Statutory Authority: §
											3.2-5206
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-25 - Impounding of adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product

Current through Register Vol. 40, No. 24, July 15, 2024
The state regulatory agency shall comply with the following
				  administrative procedures when impounding any adulterated or misbranded
				  condensed milk, condensed milk product, dry milk, dry milk product, milk, or
				  milk product to prevent movement of these products until such violations of
				  critical processing elements have been corrected:
1. The state regulatory agency shall serve
				the person with a written impoundment notice. The written impoundment notice
				shall specify the violations and inform the person of the opportunity to appear
				before the state regulatory agency in person, by counsel, or by other qualified
				representative at a fact-finding conference for the informal presentation of
				factual data, arguments, and proof to contest the written notice of
				violation.
2. The written
				impoundment notice shall include:
a. The name
				of the adulterated or misbranded condensed milk, condensed milk product, dry
				milk, dry milk product, milk, or milk product;
b. The size and number of separate units in
				the lot being impounded;
c. The
				product code and sell by date for the lot of product, if each exists;
				and
d. A statement directing the
				person to:
(1) Immediately remove from sale
				the entire lot of adulterated or misbranded condensed milk, condensed milk
				product, dry milk, dry milk product, milk, or milk product;
(2) Isolate and identify as not for sale the
				entire lot of adulterated or misbranded condensed milk, condensed milk product,
				dry milk, dry milk product, milk, or milk product in the person's storage area
				in a location separate from any storage accessible from a retail sales area;
				and
(3) Comply with one of the
				following options:
(a) If the condensed milk,
				condensed milk product, dry milk, dry milk product, milk, or milk product is
				adulterated (i) the entire lot shall be destroyed or (ii) the entire lot shall
				be held and returned to the manufacturer, distributor, or producer;
				or
(b) If the condensed milk,
				condensed milk product, dry milk, dry milk product, milk, or milk product is
				misbranded (i) the entire lot shall be destroyed; (ii) the entire lot shall be
				held and returned to the manufacturer, distributor, or producer; or (iii) the
				entire lot shall be held and new labels affixed to each container in the lot
				that comply with all provisions for labeling of condensed milk, condensed milk
				product, dry milk, dry milk product, milk, or milk product contained in this
				chapter prior to being offered for sale.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-30.1 - Permit exemption for restaurants making yogurt

Current through Register Vol. 40, No. 24, July 15, 2024
Restaurants as defined in § 35.1-1 of the Code of
				  Virginia shall be exempt from the requirements of this chapter for the
				  manufacturer of yogurt provided (i) the restaurant manufactures the yogurt from
				  pasteurized milk and milk products and cultures obtained from an approved
				  source; and (ii) all of the yogurt is utilized by the restaurant or sold on
				  site to the final consumer either as an ingredient in other foods or as
				  yogurt.
Statutory Authority
§ 3.2-5206 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-32 - Authority to impound milk and milk products

Current through Register Vol. 40, No. 24, July 15, 2024
The state regulatory agency may impound any condensed milk,
				  condensed milk product, aseptically processed and packaged milk or milk
				  product, retort processed after packaged milk or milk product, dry milk, dry
				  milk product, milk, or milk product if it is in violation of any requirement of
				  this chapter.
Statutory Authority: §
											3.2-5206
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-35 - The examination of milk and milk products

Current through Register Vol. 40, No. 24, July 15, 2024
A. The state regulatory agency shall, except
				when the production is not on a yearly basis, during each month collect from
				each milk condensing plant, milk drying plant, whey condensing plant, or whey
				drying plant holding a grade A permit at least one sample of raw milk for
				pasteurization, after receipt of the milk by the plant and before
				pasteurization, and at least one sample of each grade A condensed milk product,
				grade A dry milk product, grade A condensed whey, and grade A dry whey
				manufactured. If the production of grade A dry milk products or grade A dry
				whey is not on a yearly basis, the state regulatory agency shall collect at
				least five samples within a continuous production period.
B. The state regulatory agency may collect
				samples of milk and milk products as it deems necessary from retail
				establishments selling milk or milk products to determine compliance with
				2VAC5-490-40 and
				2VAC5-490-50.
				Each person who operates the retail establishment shall furnish the state
				regulatory agency, upon the request of the state regulatory agency, with the
				names of all distributors from whom the person has obtained milk or milk
				products.
C. The state regulatory
				agency shall provide the remaining portion of the original raw milk sample from
				each grade A dairy farm that has been screened positive for animal drug
				residues by a milk plant, receiving station, or transfer station to the grade A
				dairy farm's milk marketing organization upon request.
D. Each grade A permit holder operating a
				milk plant within the Commonwealth shall provide to the state regulatory agency
				laboratory determinations of the quantity of vitamin A and vitamin D present in
				each of the milk plant's milk and milk products to which vitamin A or vitamin D
				has been added. Each grade A permit holder who operates a milk plant shall
				provide these laboratory determinations at least annually from a laboratory
				certified to determine the amount of vitamin A and vitamin D in milk and milk
				products under the requirements established in "Evaluation of Milk
				Laboratories," 2017 revision, available from the Food and Drug Administration,
				Center for Food Safety and Applied Nutrition, Office of Field Programs,
				Division of HACCP, Laboratory Quality Assurance Branch, HFH-450, 6502 South
				Archer Road, Summit-Argo, Illinois 60501, USA. Each grade A permit holder who
				operates a milk plant shall pay for the cost of the laboratory
				determinations.
Statutory Authority: §
											3.2-5206
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-36 - Drug residue monitoring, farm surveillance and follow up

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each grade A
				permit holder operating a milk plant, receiving station, or transfer station
				shall:
1. Comply with all regulations set
				forth in Appendix N of the "Grade "A" Pasteurized Milk Ordinance, 2017
				Revision";
2. Retain each sample
				found to be positive for drug residues for a period of 120 hours after the
				sample test result is positive for drug residues for the use of the state
				regulatory agency unless directed otherwise by a representative of the state
				regulatory agency;
3. Report
				records of all results of tests on samples of raw milk to the state regulatory
				agency by the 15th day of each month for the preceding month to include a
				statement as to whether the test results are positive or negative. If the
				results are positive, the grade A permit holder shall also record (i) the
				identity of each producer contributing to the load from which the positive
				sample of raw milk was taken; (ii) the name of the person notified at the state
				regulatory agency of the positive test results; (iii) the date and time of day
				the person at the state regulatory agency was notified of the positive test
				results; and (iv) the method of notification of the state regulatory
				agency;
4. Immediately notify the
				state regulatory agency and the milk marketing cooperative or broker of any
				shipment of bulk tank raw milk for pasteurization, ultra-pasteurization,
				aseptic processing and packaging, or retort processed after packaging milk and
				milk products when the shipment of bulk tank raw milk is found to be positive
				for drug residues. Nothing in this subdivision shall be deemed to include
				individual raw milk samples collected from each grade A dairy farm included in
				any shipment of bulk tank raw milk for pasteurization, ultra-pasteurization,
				aseptic processing and packaging, or retort processed after packaging milk and
				milk products; and
5. Provide by
				facsimile machine or other electronic means to the state regulatory agency
				copies of load manifests, producer weight tickets, laboratory worksheets where
				the results of laboratory tests are originally recorded, and records from
				electronic readers documenting the results for samples tested for all positive
				loads.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-37 - Laboratory certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				grade A permit holder operating a dairy plant that receives any milk that could
				require load confirmation or producer traceback as a result of a positive
				animal drug residue on a load of milk delivered at the plant shall provide to
				the state regulatory agency results of animal drug residue tests from an
				officially designated laboratory. Each officially designated laboratory shall
				maintain a listing in the IMS List - Sanitation Compliance and Enforcement
				Ratings of Interstate Milk Shippers as an approved milk laboratory certified to
				test load and producer samples. All laboratory results from officially
				designated laboratories shall be reported to the state regulatory agency within
				six hours of the initial presumptive positive result at the plant.
B. Each officially designated laboratory
				shall comply with the requirements contained in the "Evaluation of Milk
				Laboratories, 2017 revision" for certification and listing in the "IMS List -
				Sanitation Compliance and Enforcement Ratings of Interstate Milk
				Shippers."
Statutory Authority: §
											3.2-5206
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-38 - Disposal of adulterated milk

Current through Register Vol. 40, No. 24, July 15, 2024
Each grade A permit holder whose milk tests positive for drug
				  residues or has been otherwise adulterated as defined in this chapter shall
				  dispose of such milk in a manner that removes it from the human food chain or
				  in any manner approved by the U.S. Food and Drug
				  Administration.
Statutory Authority: §
											3.2-5206
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-39.1 - Receiving raw or untreated sewage on a dairy farm prohibited

Current through Register Vol. 40, No. 24, July 15, 2024
No person holding a grade A permit may operate a dairy farm
				  that receives on the dairy farm raw or untreated sewage or septage from any
				  septic tank, from any private or public sewage system, from any septic tank
				  pump operator, from any hauler of septic tank waste or sewage, or from any
				  other source.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-39.2 - Milk that may be held in a milk storage tank

Current through Register Vol. 40, No. 24, July 15, 2024
No person who holds a grade A permit may place or hold in his
				  milk storage tank:
(i) any milk except
				milk that was obtained from cows, sheep, goats, water buffalo, or other hooved
				mammal milked at the grade A permit holder's dairy farm;
(ii) any milk that did not enter the milk
				storage tank through the milking and milk-handling equipment on the grade A
				permit holder's dairy farm during the milking of the grade A permit holder's
				cows, sheep, goats, water buffalo, or other hooved mammal;
(iii) any milk that has been held without
				refrigeration; or
(iv) any milk that
				has been exposed to chemical or physical contamination.
Statutory Authority: §
											3.2-5206
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-39.3 - Commingling of milk from different species prohibited

Current through Register Vol. 40, No. 24, July 15, 2024
No person may produce, provide, manufacture , sell, offer
				  for sale, or store in the Commonwealth, or bring, send, or receive into the
				  Commonwealth, any milk, milk product, or condensed and dry milk product for use
				  in the commercial preparation of grade A pasteurized, ultra-pasteurized,
				  aseptically processed and packaged, or retort processed after packaged milk or
				  milk products, any part of which is a combination of the milk from any two or
				  more species of mammal.
Statutory Authority: § 3.2-5206 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-39.4

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											3.2-5206
					 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-39.5 - Limit for aflatoxin residue in feed of lactating mammals

Current through Register Vol. 40, No. 24, July 15, 2024
No person holding a grade A permit to produce milk for
				  pasteurization, ultra-pasteurization or aseptic processing shall feed their
				  lactating cows, goats, sheep, water buffalo, or other milking mammals any feed
				  separately or in combination that contains an aflatoxin residue greater than 20
				  parts per billion.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-39.6 - Limit for aflatoxin residue in milk and milk products

Current through Register Vol. 40, No. 24, July 15, 2024
No person may sell or offer for sale any milk or milk product
				  if it contains an aflatoxin residue equal to or greater than 0.50 parts per
				  billion.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-50 - Quality standards for milk and milk products

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person may produce, provide,
				manufacture, sell, offer for sale, or store in the Commonwealth, or bring,
				send, or receive into the Commonwealth, grade A raw milk or milk product for
				pasteurization, ultra-pasteurization, aseptic processing and packaging, or
				retort processed after packaging that does not comply with the following
				standards:
1. The temperature of the raw milk
				shall be cooled to 40°F or cooler, but not frozen, within two hours after
				milking and the temperature after the first or any subsequent milking shall not
				be warmer than 50°F;
2. The
				bacteria count of raw cow's milk shall not exceed 50,000 bacteria per
				milliliter prior to commingling with any other milk; and the bacteria count of
				raw cow's milk that is commingled shall not exceed 300,000 bacteria per
				milliliter prior to pasteurization;
3. The bacteria count of raw sheep's milk,
				raw goat's milk, raw water buffalo's milk, or raw milk from any other hooved
				mammal shall not exceed 100,000 bacteria per milliliter prior to commingling
				with any other milk; and the bacteria count of raw sheep's milk, raw goat's
				milk, raw water buffalo's milk, or raw milk from any other hooved mammal that
				is commingled shall not exceed 300,000 bacteria per milliliter prior to
				pasteurization;
4. The somatic cell
				count of raw cow's milk shall not exceed 500,000 somatic cells per milliliter.
				The somatic cell count of raw water buffalo's milk, raw sheep's milk, or raw
				milk from any other hooved mammal shall not exceed 750,000 somatic cells per
				milliliter. The somatic cell count of raw goat's milk shall not exceed
				1,500,000 somatic cells per milliliter.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-75 - Sale of unpasteurized milk for human consumption prohibited

Current through Register Vol. 40, No. 24, July 15, 2024
No person may offer to sell or sell, barter, trade, or accept
				  any goods or services in exchange for unpasteurized milk if the unpasteurized
				  milk is intended for human consumption.
Statutory Authority
§ 3.2-5206 of the Code of Virginia.