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2003 SESSION

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CHAPTER 420 An Act to amend and reenact §§ 3.1-398.1 and 3.1-399 of the Code of Virginia, relating to food inspections. [H 2074] Approved March 16, 2003

Be it enacted by the General Assembly of Virginia:

1. That §§ 3.1-398.1 and 3.1-399 of the Code of Virginia are amended and reenacted as follows:

§ 3.1-398.1. Inspections required to operate food establishment.

No person shall operate a food manufacturing plant, food storage warehouse, or retail food store until it has been inspected by the Commissioner. This section shall not apply to food manufacturing plants operating under a grant of inspection from the Bureau of Meat and Poultry Inspection or a permit from the Bureau of Dairy Services of the Virginia Department of Agriculture and Consumer Services and Grade A fluid milk manufacturing plants and shellfish and crustacea processing plants operating under a permit from the Virginia Department of Health. This section shall also not apply to nonprofit organizations holding one-day food sales.

§ 3.1-399. Commissioner to have access to factories, warehouses and other places; examination of samples.

The Commissioner, acting through his duly authorized agents, shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold such foods in commerce, or any store, restaurant or other place in which food is being offered for sale, for the purpose:

(1) Of inspecting such factory, warehouse, establishment, or vehicle to determine if any of the provisions of this article are being violated; and

(2) Of securing samples or specimens of any food after paying or offering to pay for such sample. It shall be the duty of the Commissioner to make or cause to be made examinations of samples secured under the provisions of this section to determine whether or not any provision of this article is being violated. This section shall not apply to nonprofit organizations holding one-day food sales.