Current through Register Vol. 41, No. 3, September 23, 2024
A. The state regulatory agency may cancel,
suspend, or revoke the grade A permit of any person or may deny to any person a
grade A permit if:
1. The grade A permit
holder fails to engage daily in the business for which the grade A permit is
issued;
2. The grade A permit
holder does not daily produce, provide, manufacture, sell, offer for sale, or
store in the Commonwealth, or bring, send, or receive into the Commonwealth
milk, milk product, condensed milk product, or dry milk product;
3. The grade A permit holder fails to provide
at no cost to the state regulatory agency samples of milk, milk product,
condensed milk product, and dry milk product in the person's possession for
testing by the state regulatory agency;
4. The grade A permit holder fails to provide
on a daily basis milk, milk product, condensed milk product, or dry milk
product in the person's possession for sampling and testing by the state
regulatory agency;
5. The grade A
permit holder fails to comply with any requirement of this chapter or of
§§
3.2-5200
through
3.2-5211
or
3.2-5218 through
3.2-5233 of the
Code of Virginia;
6. A public
health hazard exists that affects the grade A permit holder's milk, milk
product, condensed milk product, or dry milk product;
7. The grade A permit holder or any agent of
the grade A permit holder has obstructed or interfered with the state
regulatory agency in the performance of its duties;
8. The person supplies false or misleading
information to the state regulatory agency (i) in the person's application for
a grade A permit; (ii) concerning the identity of the person who will control
the facility that is the subject of the grade A permit; (iii) concerning the
amount of milk, milk product, condensed milk product, or dry milk product that
the person produces, provides, manufactures, sells, offers for sale, or stores
in the Commonwealth, or brings, sends, or receives into the Commonwealth and
the distribution of the person's milk, milk product, condensed milk product, or
dry milk product; (iv) concerning any investigation conducted by the state
regulatory agency; or (v) concerning the location of any part of the person's
operation that is subject to a grade A permit;
9. The grade A permit holder engages in
fraudulent activity regarding (i) the amount of milk, milk product, condensed
milk product, or dry milk product the person offers to sell or sells; or (ii)
the collection of samples of the person's milk, milk product, condensed milk
product, or dry milk product used to determine compliance with any provision of
this chapter or as a basis for payment for milk, milk product, condensed milk
product, or dry milk product;
10.
Three of the most recent five bacteria counts, somatic cell counts, or cooling
temperature determinations conducted on the grade A permit holder's raw milk
exceed the standards specified in this chapter;
11. Three of the most recent five bacteria
counts, coliform determinations, or cooling temperature determinations
conducted on the grade A permit holder's milk, milk product, condensed milk
product, or dry milk product exceed the standards specified in this
chapter;
12. The most recent
aflatoxin or drug residue test on the grade A permit holder's milk, milk
product, condensed milk product, or dry milk product violates the standards
specified in this chapter;
13. The
most recent chemical residue test or pesticide residue test on the grade A
permit holder's milk, milk product, condensed milk product, or dry milk product
exceeds the actionable level, tolerance level, or safe level for any chemical
residue or pesticide residue specified in 40 CFR Part 180 and 21 CFR Parts 70,
71, 73, 74, 80, 82, 130, 131, 133, 170, 172, 173, 174, 175, 176, 177, 178, 189,
556, 570, 573, 589. In the event that no actionable level, tolerance level, or
safe level for a chemical residue or pesticides residue has been established in
40 CFR Part 180 and 21 CFR Parts 70, 71, 73, 74, 80, 82, 130, 131, 133, 170,
172, 173, 174, 175, 176, 177, 178, 189, 556, 570, 573, 589, the tolerance level
shall be deemed to be zero;
14. The
grade A permit holder fails to correct any (i) violation of this chapter
documented as a result of an inspection or (ii) deficiency or nonconformity
documented as a result of a HACCP audit that the state regulatory agency has
cited in a written notice of intent to suspend the person's grade A permit, as
a violation of this chapter;
15.
The grade A permit holder's equipment is covered or partially covered by an
accumulation of milk solids, milk fat, or other residue so that the milk, milk
product, condensed milk product, or dry milk product is adulterated;
16. The grade A permit holder sells or offers
for sale milk, milk product, condensed milk product, or dry milk product that
violates any requirement of this chapter;
17. The grade A permit holder's permit is
suspended three times within a 12-month period;
18. The agency in another state responsible
for issuing grade A permits has denied, suspended, or revoked the permit of the
person in that state for any act or omission that would violate this chapter or
the statutes under which this chapter was adopted, had the act or omission
occurred in the Commonwealth; or
19. The state regulatory agency has
previously revoked the person's grade A permit.
Statutory Authority: §
3.2-5206
of the Code of Virginia.
