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2013 SESSION
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 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:
1. Food manufacturing plants 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) 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 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 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;
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 to an individual for his own consumption and not for resale; (ii) sold at the private home or at farmers markets; (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 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) not exceeding $3,000 in gross sales in a calendar year. Nothing in this subdivision shall create or diminish the authority of the Commissioner under § 3.2-5102;
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 subdivision
subdivisions A 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."; and (v) the resident certifies
in writing annually to the Department that he meets the requirements of this
subdivision. Nothing in this subdivision shall increase or diminish the
authority of the Commissioner under § 3.2-5102; and
5. Retail establishments 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 section subdivision.
Retail B. Nonprofit organizations, private homes,
and retail establishments that meet the provisions of this subdivision
qualify for an exception under subsection A shall be exempt from
inspection 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.
B. C. Any person who violates any provision of
this section is guilty of a Class 1 misdemeanor.