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2008 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 3.1-398.1 of the Code of Virginia is 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:
1. 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: (i) any nonprofit;
2. Nonprofit organizations holding one-day food sales,
or (ii) any retail;
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 and baked goods that do not require time or temperature control after preparation if such products are: (i) sold to an individual for his own consumption and not for resale; (ii) sold at the private home or at farmers markets; and (iii) labeled "NOT FOR RESALE—PROCESSED AND PREPARED WITHOUT STATE INSPECTION." Nothing in this subdivision shall create or diminish the authority of the Commissioner under § 3.1-399; and
4. Retail establishments that (a) (i) do
not prepare or serve food; (b) (ii) sell only food or beverages
that are sealed in packaging by the manufacturer and have been officially
inspected in the manufacturing process; (c) (iii) do not sell
infant formulas; (d) (iv) do not sell salvaged foods; and (e)
(v) certify to the Department of Agriculture and Consumer Services that
they meet the foregoing provisions of this section. Retail establishments that
meet the provisions of clause (ii) this subdivision shall be
exempt from inspection and the inspection fees; however, nothing in this
section shall prevent the Department of Agriculture and Consumer Services from
inspecting any retail establishment if a consumer complaint is received.