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2.21.13

HB 1852 Passes - Unopposed
 

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HOUSE BILL NO. 1852

2 AMENDMENT IN THE NATURE OF A SUBSTITUTE

3 (Proposed by the House Committee on Agriculture, Chesapeake and Natural Resources)

(Patron Prior to Substitute––Delegate Orrock)

4 House Amendments in [ ] –– February 1, 2013

5 A BILL to amend and reenact § 3.2-5130 of the Code of Virginia, relating to food inspection.

6 Be it enacted by the General Assembly of Virginia:

7 1. That § 3.2-5130 of the Code of Virginia is amended and reenacted as follows:

8 § 3.2-5130. Inspections required to operate food establishment.

9 A. It is unlawful to operate a food manufacturing plant, food storage warehouse, or retail food store

10 until it has been inspected by the Commissioner. This section shall not apply to:

11 1. Food manufacturing plants operating under a grant of inspection from the Office of Meat and

12 Poultry Services or a permit from the Office of Dairy and Foods in the Department; and Grade A fluid

13 milk manufacturing plants and shellfish and crustacea processing plants operating under a permit from

14 the Virginia Department of Health;

15 2. Nonprofit organizations holding one-day food sales;

16 3. Private homes where the resident processes and prepares candies, jams, and jellies not considered

17 to be low-acid or acidified low-acid food products, dried fruits, dry herbs, dry seasonings, dry mixtures,

18 coated and uncoated nuts, vinegars and flavored vinegars, popcorn, popcorn balls, cotton candy, dried

19 pasta, dry baking mixes, roasted coffee, dried tea, cereals, trail mixes, granola, and baked goods that do

20 not require time or temperature control after preparation if such products are: (i) sold to an individual

21 for his own consumption and not for resale; (ii) sold at the private home or at farmers markets; and (iii)

22 labeled not offered for sale to be used in or offered for consumption in retail food establishments; (iv)

23 not offered for sale over the Internet or in interstate commerce; and (v) affixed with a label displaying

24 the name, physical address, and telephone number of the person preparing the food product, the date

25 the food product was processed, and the statement "NOT FOR RESALE - PROCESSED AND

26 PREPARED WITHOUT STATE INSPECTION" shall be placed on the principal display panel."

27 Nothing in this subdivision shall create or diminish the authority of the Commissioner under § 3.2-5102;

28 4. Private homes where the resident processes and prepares pickles and other acidified vegetables

29 that have an equilibrium pH value of 4.6 or lower if such products are (i) sold to an individual for his

30 own consumption and not for resale; (ii) sold at the private home or at farmers markets; (iii) not

31 offered for sale to be used in or offered for consumption in retail food establishments; (iv) not offered

32 for sale over the Internet or in interstate commerce; (v) affixed with a label displaying the name,

33 physical address, and telephone number of the person preparing the food product, the date the food

34 product was processed, and the statement "NOT FOR RESALE - PROCESSED AND PREPARED

35 WITHOUT STATE INSPECTION" shall be placed on the principal display panel; and (vi) not exceeding

36 $3,000 in gross sales in a calendar year. Nothing in this subdivision shall create or diminish the

37 authority of the Commissioner under § 3.2-5102;

38 5. Private homes where the resident processes and prepares honey produced by his own hives, if: (i)

39 the resident sells less than 250 gallons of honey annually; (ii) the resident does not process and sell

40 other food products in addition to honey, except as allowed by subdivision subdivisions A 3 and 4; (iii)

41 the product complies with the other provisions of this chapter; and (iv) the product is labeled

42 "PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey

43 to Infants Under One Year Old."; and (v) the resident certifies in writing annually to the Department

44 that he meets the requirements of this subdivision. Nothing in this subdivision shall increase or diminish

45 the authority of the Commissioner under § 3.2-5102; and

46 5. Retail establishments 6. [ Establishments Retail establishments ] that: (i) do not prepare or serve

47 food; (ii) sell only food or beverages that are sealed in packaging by the manufacturer and have been

48 officially inspected in the manufacturing process; (iii) do not sell infant formulas; (iv) do not sell

49 salvaged foods; and (v) certify to the Department that they meet the provisions of this section

50 subdivision.

51 Retail B. Nonprofit organizations, private homes, and retail establishments that meet the provisions

52 of this subdivision qualify for an exception under subsection A shall be exempt from inspection and the

53 inspection fees. Nothing in this section shall prevent the Department from inspecting any nonprofit

54 organization, private home, or retail establishment if a consumer complaint is received.

55 B. C. Any person who violates any provision of this section is guilty of a Class 1 misdemeanor.

 

 

 

 

 

 

 

 

 

 

 

 


 

 

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