Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK › Section 2VAC5-490-40 - Labeling

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 into, send into, 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 that are not labeled in compliance with the following:
1. Each grade A permit holder's bottles,
				containers, and packages enclosing any milk or milk products shall be labeled
				in accordance with the requirements of the Federal Food, Drug, and Cosmetic
				Act, as amended; the Nutrition Labeling and Education Act (NLEA) of 1990, and
				regulations developed thereunder; and the Food Allergen Labeling and Consumer
				Protection Act of 2004;
2. The
				grade A permit holder shall label or mark all bottles, containers, and packages
				enclosing any milk or milk products with:
a.
				The name of a defined milk product, if there is a definition, and if there is
				no definition, a name that is not false or misleading;
b. The word "reconstituted" or "recombined"
				if the milk product is made by reconstitution or recombination;
c. The term "grade A" located on the exterior
				of the package on the principal display panel, the secondary or informational
				panel, or the cap or cover;
d. The
				identity of the plant where the grade A permit holder's milk or milk product is
				pasteurized, ultra-pasteurized, aseptically processed and packaged, or retort
				processed after packaged by specifying:
(1)
				The street address, city, state, and zip code of the plant; or
(2)  The code assigned the plant under the
				National Uniform Coding System for Packaging Identification of Milk and Milk
				Product Processing Plants;
e. In the case of concentrated milk or
				concentrated milk products the volume or proportion of water to be added for
				recombining;
f. The name of the
				milk product that the concentrated milk product will produce, which name shall
				be preceded by the term "concentrated." In the case of flavored milk or
				flavored reconstituted milk, the grade A permit holder shall substitute the
				name of the principal flavor for the word "flavored";
g. In the case of aseptically processed and
				packaged milk and milk products or retort processed after packaged milk and
				milk products, the words "keep refrigerated after opening";
h. In the case of aseptically processed and
				packaged milk or milk products, the term "UHT"
				ultra-high-temperature;
i. The term
				"ultra-pasteurized" if the milk or milk product has been ultra-pasteurized;
j. The term "goat" preceding the
				name of the milk or milk product when the milk or milk product is goat milk or
				is made from goat milk;
k. The
				term "sheep" preceding the name of the milk or milk product when the milk or
				milk product is sheep milk or is made from sheep milk;
l. The term "water buffalo" preceding the
				name of the milk or milk product when the milk or milk product is water buffalo
				milk or is made from water buffalo milk;
m. As in the case of cow's milk, goat's milk,
				sheep's milk, and water buffalo's milk, the common or usual name of the mammal
				from which the milk was obtained shall precede the name of the milk, milk
				product, condensed milk, condensed milk product, dry milk, or dry milk
				product;
n. The information
				appearing on the label of any bottle, container, or package of milk or milk
				product shall contain no marks, pictures, graphics, endorsements, or words that
				are misleading;
o. The "pull date"
				shall not interfere with the legibility of other labeling required for the milk
				or milk product and shall be expressed by the first three letters in the name
				of the month, followed by or preceded by the numeral or numerals constituting
				the calendar date after which the product shall not be sold or expressed
				numerically by the number of the month followed by the number of the day. For
				example, June 1 shall be expressed "JUN 1," "1 JUN," "06 01," or
				"06-01";
p. The grade A permit
				holder who operates a milk plant and offers for sale milk or milk product
				within the Commonwealth shall file and certify with the state regulatory agency
				the maximum number of days after manufacturing or processing the grade A permit
				holder's milk or milk products that will be used to determine the "pull date."
				The grade A permit holder shall establish a "pull date" that under normal
				storage the milk or milk product meets for a minimum of 96 hours after the
				"pull date," standards set by this chapter;
q. No person may sell or offer for sale any
				packaged grade A pasteurized milk, grade A pasteurized milk product, or milk
				product after the date of the "pull date" on the package;
r. No person may sell or offer for sale any
				grade A pasteurized milk, grade A pasteurized milk product, or milk product in
				a package that does not bear the "pull date";
s. Nothing in this chapter shall apply to
				containers of grade A pasteurized milk, grade A milk products, or milk products
				that are not to be sold in the Commonwealth; and
t. In the case of condensed or dry milk
				products, the label shall also contain (i) the identity of the state regulatory
				agency issuing the processing plant's permit; (ii) the identity of the
				distributor if the condensed or dry milk products are distributed by a party
				other than the processing plant, the name and address of the distributor shall
				also be shown by a statement such as "distributed by"; (iii) the code or lot
				number identifying the contents with a specific date, run, or batch of the
				product; and (iv) a statement of the quantity of the contents of the
				container.