§ 3.2-5130. Inspections required to operate food establishment.
A. It is unlawful to operate a food manufacturing plant, food storagewarehouse, or retail food store until it has been inspected by theCommissioner. This section shall not apply to:
1. Food manufacturing plants operating under a grant of inspection from theOffice of Meat and Poultry Services or a permit from the Office of Dairy andFoods in the Department; and Grade A fluid milk manufacturing plants andshellfish and crustacea processing plants operating under a permit from theVirginia Department of Health;
3. Private homes where the resident processes and prepares candies, jams, andjellies not considered to be low-acid or acidified low-acid food products andbaked goods that do not require time or temperature control after preparationif such products are: (i) sold to an individual for his own consumption andnot for resale; (ii) sold at the private home or at farmers markets; and(iii) labeled "NOT FOR RESALE - PROCESSED AND PREPARED WITHOUT STATEINSPECTION." Nothing in this subdivision shall create or diminish theauthority of the Commissioner under § 3.2-5102; and
4. Retail establishments that: (i) do not prepare or serve food; (ii) sellonly food or beverages that are sealed in packaging by the manufacturer andhave been officially inspected in the manufacturing process; (iii) do notsell infant formulas; (iv) do not sell salvaged foods; and (v) certify to theDepartment that they meet the provisions of this section. Retailestablishments that meet the provisions of this subdivision shall be exemptfrom inspection and the inspection fees. Nothing in this section shallprevent the Department from inspecting any retail establishment if a consumercomplaint is received.
B. Any person who violates any provision of this section is guilty of a Class1 misdemeanor.
(1993, c. 936, § 3.1-398.1; 2003, c. 420; 2004, c. 953; 2008, cc. 459, 860.)
§ 3.2-5130. Inspections required to operate food establishment.
A. It is unlawful to operate a food manufacturing plant, food storagewarehouse, or retail food store until it has been inspected by theCommissioner. This section shall not apply to:
1. Food manufacturing plants operating under a grant of inspection from theOffice of Meat and Poultry Services or a permit from the Office of Dairy andFoods in the Department; and Grade A fluid milk manufacturing plants andshellfish and crustacea processing plants operating under a permit from theVirginia Department of Health;
3. Private homes where the resident processes and prepares candies, jams, andjellies not considered to be low-acid or acidified low-acid food products andbaked goods that do not require time or temperature control after preparationif such products are: (i) sold to an individual for his own consumption andnot for resale; (ii) sold at the private home or at farmers markets; and(iii) labeled "NOT FOR RESALE - PROCESSED AND PREPARED WITHOUT STATEINSPECTION." Nothing in this subdivision shall create or diminish theauthority of the Commissioner under § 3.2-5102; and
4. Retail establishments that: (i) do not prepare or serve food; (ii) sellonly food or beverages that are sealed in packaging by the manufacturer andhave been officially inspected in the manufacturing process; (iii) do notsell infant formulas; (iv) do not sell salvaged foods; and (v) certify to theDepartment that they meet the provisions of this section. Retailestablishments that meet the provisions of this subdivision shall be exemptfrom inspection and the inspection fees. Nothing in this section shallprevent the Department from inspecting any retail establishment if a consumercomplaint is received.
B. Any person who violates any provision of this section is guilty of a Class1 misdemeanor.
(1993, c. 936, § 3.1-398.1; 2003, c. 420; 2004, c. 953; 2008, cc. 459, 860.)
§ 3.2-5130. Inspections required to operate food establishment.
A. It is unlawful to operate a food manufacturing plant, food storagewarehouse, or retail food store until it has been inspected by theCommissioner. This section shall not apply to:
1. Food manufacturing plants operating under a grant of inspection from theOffice of Meat and Poultry Services or a permit from the Office of Dairy andFoods in the Department; and Grade A fluid milk manufacturing plants andshellfish and crustacea processing plants operating under a permit from theVirginia Department of Health;
3. Private homes where the resident processes and prepares candies, jams, andjellies not considered to be low-acid or acidified low-acid food products andbaked goods that do not require time or temperature control after preparationif such products are: (i) sold to an individual for his own consumption andnot for resale; (ii) sold at the private home or at farmers markets; and(iii) labeled "NOT FOR RESALE - PROCESSED AND PREPARED WITHOUT STATEINSPECTION." Nothing in this subdivision shall create or diminish theauthority of the Commissioner under § 3.2-5102; and
4. Retail establishments that: (i) do not prepare or serve food; (ii) sellonly food or beverages that are sealed in packaging by the manufacturer andhave been officially inspected in the manufacturing process; (iii) do notsell infant formulas; (iv) do not sell salvaged foods; and (v) certify to theDepartment that they meet the provisions of this section. Retailestablishments that meet the provisions of this subdivision shall be exemptfrom inspection and the inspection fees. Nothing in this section shallprevent the Department from inspecting any retail establishment if a consumercomplaint is received.
B. Any person who violates any provision of this section is guilty of a Class1 misdemeanor.
(1993, c. 936, § 3.1-398.1; 2003, c. 420; 2004, c. 953; 2008, cc. 459, 860.)
