Bill Text: VA HB759 | 2024 | Regular Session | Chaptered
Bill Title: Food inspections; pickles and acidified vegetables, gross sales.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Passed) 2024-03-25 - Governor: Acts of Assembly Chapter text (CHAP0131) [HB759 Detail]
Download: Virginia-2024-HB759-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §3.2-5130 of the Code of Virginia is amended and reenacted as follows:
§3.2-5130. Inspections required to operate food establishment.
A. It is unlawful to operate as a food manufacturer, food storage warehouse, or retail food establishment until (i) such food manufacturer, food storage warehouse, or retail food establishment has been inspected by the Commissioner and (ii) the Commissioner has issued a permit pursuant to subsection C of §3.2-5100 for the operation of the food manufacturer, food storage warehouse, or retail food establishment. If the inspection finds no significant health hazards to the public, any food manufacturer, food storage warehouse, or retail food establishment may operate until receipt of the permit. Such permit shall be processed within 30 days of the inspection date.
B. If the Commissioner determines that conditions exist in a food manufacturer, food storage warehouse, or retail food establishment that would render such entity significantly out of compliance with an applicable provision of this chapter or regulation adopted pursuant to this chapter, the Commissioner may, in accordance with the Administrative Process Act (§2.2-4000 et seq.), deny, suspend, or revoke the permit of such entity. If the Commissioner determines that conditions exist in a food manufacturer, food storage warehouse, or retail food establishment that present a significant and immediate public health hazard, the Commissioner may suspend the permit of such entity and shall seek an expedited informal fact-finding proceeding pursuant to §2.2-4019.
C. The provisions of subsections A and B shall not apply to:
1. Food manufacturers operating under a grant of inspection from the Office of Meat and Poultry Services or a permit from the Office of Dairy and Foods in the Department; and Grade A fluid milk manufacturing plants and shellfish and crustacea processing plants operating under a permit from the Virginia Department of Health;
2. Nonprofit organizations holding one-day food sales;
3. Private homes where the resident processes and prepares
candies, jams, and jellies not considered to be low-acid or acidified low-acid
food products, dried fruits, dry herbs, dry seasonings, dry mixtures, coated
and uncoated nuts, vinegars and flavored vinegars, popcorn, popcorn balls,
cotton candy, dried pasta, dry baking mixes, roasted coffee, dried tea,
cereals, trail mixes, granola, and baked goods that do not require time or
temperature control after preparation if such products are: (i)
those that do not require time or temperature control after preparation; (ii)
sold in person in the Commonwealth to an individual for his own
consumption and not for resale or consignment; (ii) (iii)
sold at the private home, at a temporary event that operates for a period of
no more than 14 consecutive days, or at a farmers markets
market; (iii) (iv) not offered for sale to be used in or
offered for consumption in retail food establishments; (iv) not offered for
sale over the Internet or in interstate commerce; and (v) affixed with a
label placed on the principal display panel or, for a product in packaging
not large enough to bear such a label, offered for sale with a sign
displaying the name, physical address, and telephone number of the person
preparing the food product, the date the food product was processed, and the
statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE
INSPECTION." shall be placed on the principal display panel.
Nothing in this subdivision shall create or diminish the authority of the
Commissioner under §3.2-5102 or shall prohibit a resident selling a food
product in accordance with this subdivision from advertising such food product
on the Internet;
4. Private homes where the resident processes and prepares
pickles and other acidified vegetables that have an equilibrium pH value of 4.6
or lower if such products are (i) sold in person in the Commonwealth to
an individual for his own consumption and not for resale or consignment;
(ii) sold at the private home, at a temporary event that operates for a
period of no more than 14 consecutive days, or at a farmers
markets market; (iii) not offered for sale to be used in or offered
for consumption in retail food establishments; (iv) not offered for sale
over the Internet or in interstate commerce; (v) affixed with a
label placed on the principal display panel displaying the name,
physical address, and telephone number of the person preparing the food
product, the date the food product was processed, and the statement "NOT
FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION" shall be
placed on the principal display panel; and (vi) (v) not
exceeding $3,000 $9,000 in gross sales in a calendar year.
Nothing in this subdivision shall create or diminish the authority of the
Commissioner under §3.2-5102 or shall prohibit a resident selling a food
product in accordance with this subdivision from advertising such food product
on the Internet;
5. Private homes where the resident processes and prepares honey produced by his own hives, if: (i) the resident sells less than 250 gallons of honey annually; (ii) the resident does not process and sell other food products in addition to honey, except as allowed by subdivisions 3 and 4; (iii) the product complies with the other provisions of this chapter; and (iv) the product is labeled "PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING: Do Not Feed Honey to Infants Under One Year Old." Nothing in this subdivision shall increase or diminish the authority of the Commissioner under §3.2-5102; and
6. Retail establishments that (i) do not prepare or serve food; (ii) sell only food or beverages that are sealed in packaging by the manufacturer and have been officially inspected in the manufacturing process; (iii) do not sell infant formulas; (iv) do not sell salvaged foods; and (v) certify to the Department that they meet the provisions of this subdivision.
D. Nonprofit organizations, private homes, and retail establishments that qualify for an exception under subsection C shall be exempt from the permit and inspection requirements of this chapter and the inspection fees. Nothing in this section shall prevent the Department from inspecting any nonprofit organization, private home, or retail establishment if a consumer complaint is received.
E. Any person who violates any provision of this section is guilty of a Class 1 misdemeanor.
