Bill Text: VA HB1785 | 2019 | Regular Session | Prefiled
Bill Title: Food establishment inspections; exemptions for private homes where resident processes yogurt.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2019-01-16 - Failed to report (defeated) in Agriculture, Chesapeake and Natural Resources (5-Y 17-N) [HB1785 Detail]
Download: Virginia-2019-HB1785-Prefiled.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 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; (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; 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 or
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; 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; 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 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. Private homes where the resident processes and prepares yogurt that has an equilibrium pH value of 4.6 or lower if such product is (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; 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"; and (vi) the resident sells less than 250 gallons in a calendar year. Nothing in this subdivision shall create or diminish the authority of the Commissioner under §3.2-5102; and
7. 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.
B. Nonprofit organizations, private homes, and retail establishments that 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.
C. Any person who violates any provision of this section is guilty of a Class 1 misdemeanor.
