Virginia Administrative Code
Title 2 - AGRICULTURE
Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Chapter 490 - REGULATIONS GOVERNING GRADE "A" MILK
Section 2VAC5-490-40 - Labeling
Universal Citation: 2 VA Admin Code 5-490-40
Current through Register Vol. 41, No. 3, September 23, 2024
No person may produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth or bring into, send into, or receive into the Commonwealth any milk, milk product, or condensed and dry milk product for use in the commercial preparation of grade A pasteurized, ultra-pasteurized, aseptically processed and packaged, or retort processed after packaged milk or milk products that are not labeled in compliance with the following:
1. Each grade A permit holder's bottles, containers, and packages enclosing any milk or milk products shall be labeled in accordance with the requirements of the Federal Food, Drug, and Cosmetic Act, as amended; the Nutrition Labeling and Education Act (NLEA) of 1990, and regulations developed thereunder; and the Food Allergen Labeling and Consumer Protection Act of 2004;
2. The grade A permit holder shall label or mark all bottles, containers, and packages enclosing any milk or milk products with:
a.
The name of a defined milk product, if there is a definition, and if there is
no definition, a name that is not false or misleading;
b. The word "reconstituted" or "recombined"
if the milk product is made by reconstitution or recombination;
c. The term "grade A" located on the exterior
of the package on the principal display panel, the secondary or informational
panel, or the cap or cover;
d. The
identity of the plant where the grade A permit holder's milk or milk product is
pasteurized, ultra-pasteurized, aseptically processed and packaged, or retort
processed after packaged by specifying:
(1)
The street address, city, state, and zip code of the plant; or
(2) The code assigned the plant under the
National Uniform Coding System for Packaging Identification of Milk and Milk
Product Processing Plants;
e. In the case of concentrated milk or
concentrated milk products the volume or proportion of water to be added for
recombining;
f. The name of the
milk product that the concentrated milk product will produce, which name shall
be preceded by the term "concentrated." In the case of flavored milk or
flavored reconstituted milk, the grade A permit holder shall substitute the
name of the principal flavor for the word "flavored";
g. In the case of aseptically processed and
packaged milk and milk products or retort processed after packaged milk and
milk products, the words "keep refrigerated after opening";
h. In the case of aseptically processed and
packaged milk or milk products, the term "UHT"
ultra-high-temperature;
i. The term
"ultra-pasteurized" if the milk or milk product has been ultra-pasteurized;
j. The term "goat" preceding the
name of the milk or milk product when the milk or milk product is goat milk or
is made from goat milk;
k. The
term "sheep" preceding the name of the milk or milk product when the milk or
milk product is sheep milk or is made from sheep milk;
l. The term "water buffalo" preceding the
name of the milk or milk product when the milk or milk product is water buffalo
milk or is made from water buffalo milk;
m. As in the case of cow's milk, goat's milk,
sheep's milk, and water buffalo's milk, the common or usual name of the mammal
from which the milk was obtained shall precede the name of the milk, milk
product, condensed milk, condensed milk product, dry milk, or dry milk
product;
n. The information
appearing on the label of any bottle, container, or package of milk or milk
product shall contain no marks, pictures, graphics, endorsements, or words that
are misleading;
o. The "pull date"
shall not interfere with the legibility of other labeling required for the milk
or milk product and shall be expressed by the first three letters in the name
of the month, followed by or preceded by the numeral or numerals constituting
the calendar date after which the product shall not be sold or expressed
numerically by the number of the month followed by the number of the day. For
example, June 1 shall be expressed "JUN 1," "1 JUN," "06 01," or
"06-01";
p. The grade A permit
holder who operates a milk plant and offers for sale milk or milk product
within the Commonwealth shall file and certify with the state regulatory agency
the maximum number of days after manufacturing or processing the grade A permit
holder's milk or milk products that will be used to determine the "pull date."
The grade A permit holder shall establish a "pull date" that under normal
storage the milk or milk product meets for a minimum of 96 hours after the
"pull date," standards set by this chapter;
q. No person may sell or offer for sale any
packaged grade A pasteurized milk, grade A pasteurized milk product, or milk
product after the date of the "pull date" on the package;
r. No person may sell or offer for sale any
grade A pasteurized milk, grade A pasteurized milk product, or milk product in
a package that does not bear the "pull date";
s. Nothing in this chapter shall apply to
containers of grade A pasteurized milk, grade A milk products, or milk products
that are not to be sold in the Commonwealth; and
t. In the case of condensed or dry milk
products, the label shall also contain (i) the identity of the state regulatory
agency issuing the processing plant's permit; (ii) the identity of the
distributor if the condensed or dry milk products are distributed by a party
other than the processing plant, the name and address of the distributor shall
also be shown by a statement such as "distributed by"; (iii) the code or lot
number identifying the contents with a specific date, run, or batch of the
product; and (iv) a statement of the quantity of the contents of the
container.
Statutory Authority: § 3.2-5206 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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