Virginia Administrative Code

The rules and regulations governing the meat and poultry inspection of the U.S. Department of Agriculture specified in this part, as contained in Title 9, Chapter III, Subchapters A and E of the Code of Federal Regulations, as it exists and has been published in the January 1, 20…

The following words and terms when used in this part shall have the following meanings unless the context clearly indicates otherwise: "Act" means the Virginia Meat and Poultry Products Inspection Act (§ 3.2-5400 et seq. of the Code of Virginia). "Administrator" means the Directo…

The Commissioner of the Department of Agriculture and Consumer Services hereby adopts the following provisions of Title 9, Chapter III, Subchapter A of the Code of Federal Regulations as described in 2VAC5-210-10: Subchapter A -- Agency organization and terminology; mandatory mea…

(Repealed.)

A. Effective January 6, 2014, the Commissioner of the Department of Agriculture and Consumer Services hereby adopts the following provision of Title 9, Chapter III, Subchapter E of the Code of Federal Regulations: Part 412. Label approval. B. The Commissioner of the Department of…

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In setting the hourly charge to be made by the Virginia Office of Meat and Poultry Inspection Services, the Department of Agriculture and Consumer Services may charge for voluntary, overtime, and holiday inspection, and administrative costs associated therewith. The amount charge…

In setting the mileage rate, the Department of Agriculture and Consumer Services may charge a rate not to exceed that authorized by the Commonwealth of Virginia State Travel Regulations. Statutory Authority§ 3.2-5406 of the Code of Virginia.

In setting lodging rates, the Department of Agriculture and Consumer Services may charge a rate not to exceed that authorized by the Commonwealth of Virginia State Travel Regulations. Statutory Authority§ 3.2-5406 of the Code of Virginia.

The Virginia Horse Breeder Incentive Program is designed to encourage, expand, and develop the breeding of horses in Virginia. This program is administered by the Virginia Department of Agriculture and Consumer Services with the assistance of horse organizations in the Commonweal…

A. General requirements. 1. Matching money policy. Any public money available to the department for use in the VHBIP shall be distributed only to qualifying persons receiving funds from their private sector SEO program. Any public matching money shall be distributed to qualifying…

The department shall make the decision on distribution of any public money available between June 1 and June 30, inclusive, of the fiscal year during which a recipient's horse qualified and was entered in a private corresponding program. Statutory Authority§ 3.2-106 of the Code o…

Financial awards to breeders shall be distributed only to the extent that public funds made available to the department for the program are matched dollar for dollar by private funds. At no time shall private money be collected or otherwise controlled or administered by the depar…

The term "statewide equine organization" or "SEO" may be assigned only to organizations meeting all of the following criteria: 1. Where applicable, the organization must be accepted by the breed's or breeds' national registry as the single entity responsible for the total breed's…

A. Initial application. The SEO must submit its proposed qualifying private breeder incentive program to the department at least three months prior to the beginning of the fiscal year for which acceptance is requested. The SEO will be notified of acceptance or rejection within 30…

A. After acceptance into the program, the SEO must furnish full records of all private money distributed through its deciding events including derivations of this money (whether nomination fees or added money). The SEO must furnish complete information including the horses' names…

To be acceptable under this program, and to be labeled "Virginia bred," the horse must have been foaled in Virginia. The location of stallion and mare at time of conception does not alter this requirement. SEO's, at their discretion, may require residency of the mare or stallion …

The appropriate SEO (according to the normal operating business procedure of its breed group) must define who is to receive the private financial award and, thus, any available public matching money. For purposes of distribution of public matching funds, one of the following defi…

To be eligible to receive any public money, the proposed recipient must be "actively engaged in the breeding of horses in Virginia." To qualify as one "actively engaged in the breeding of horses in Virginia," the person must satisfy at least one of the following criteria: 1. The …

The Virginia Horse Breeder Incentive Program shall operate on the same fiscal year as the Commonwealth of Virginia, extending from July 1 of one year through June 30 of the next year. Statutory Authority§ 3.2-106 of the Code of Virginia.

Apples shall not be identified as being from controlled atmosphere (CA) storage unless the following requirements have been met, as proven by inspection and certification by the Commissioner of Agriculture and Consumer Services. 1. The time limit between the harvest of a lot or s…

The registered owner or operator of a controlled atmosphere storage shall maintain, and make available for examination by the commissioner, an accurate daily record for each room showing its utilized capacity, date and time of test or reading, percentage of oxygen, percentage of …

Any person selling (or placing in transit for first shipment or delivery) any apples identified as being from controlled atmosphere shall provide an invoice which shows the assigned identification number and the original certificate number, as required by § 3.2-4608 of the Code o…

A. The registration number or other identification required to be marked on closed master containers shall be in letters and figures at least one-fourth inch in height. B. Sublot designation is permissible for additional identification purposes. Statutory Authority§ 3.2-4601 and …

Any person who owns or operates a controlled atmosphere room, or storage building, or who engages in the business of packing or repacking apples which have been held in controlled atmosphere storage where business is local or outside Virginia and who intends to, or does, market i…

The authority of the board contained in § 3.2-4605 of the Code of Virginia to prescribe fees for the inspection and certification of CA apples is delegated to the commissioner. Statutory Authority§§ 3.2-4601 and 3.2-4605 of the Code of Virginia.

A. All weighing devices used by handlers shall be those approved under the Weights and Measures Law. The handlers shall give written notice to the Weights and Measures Bureau, Virginia Department of Agriculture and Consumer Services, of the installation of any new commercial weig…

A. The equipment, equipment procedures, and sampling procedures used to determine factors pertaining to value of grain shall be those contained in the United States Department of Agriculture "Grain Inspection Handbook" (7 CFR §§ 800 through 810 - Grain Section). B. The commission…

A. Handlers, or anyone in their employment who determine grade factors for the purpose of establishing value of grain, shall identify and preserve the sample of each lot used to determine these factors for a period of twenty-four hours. B. The samples shall be a minimum of one an…

A. Each handler shall make a written record of each lot of grain weighed and graded by him. Unless otherwise agreed to, at the time of the transaction, the handler or his agent shall deliver a copy of the record to the person who: 1. Is delivering the grain to the handler for sto…

A. Each dealer shall make a written record of each lot of grain at the time of obtaining title, possession or control of grain, and shall deliver a copy of the record to the producer. The record shall include: 1. Name and address of the producer; 2. The date of the transaction; 3…

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Any person practicing veterinary medicine, any person or firm operating a laboratory for the diagnosis of livestock or poultry diseases, and any other reporting entity designated by the State Veterinarian within the Commonwealth of Virginia shall report within 24 hours to the Sta…