"Dairy farm" means any farm producing Grade A milk or milk formanufacturing purposes.
"Excessive drug residue" means drug residue that is: (i) greater than thevalue specified as a safe level by the U.S. Food and Drug Administration;(ii) equal to or greater than the value specified as the minimum actionablelevel by the U.S. Food and Drug Administration; or (iii) greater than thevalue specified as the maximum tolerance level established by federal law. Inthe event that no safe level, actionable level, or tolerance level for drugresidue has been established under federal law, any drug residue shall bedeemed to exceed the safe level, minimum actionable level, or tolerance levelof drug residue.
"Official drug test" means a test: (i) performed by a laboratory that iscertified by the Interstate Milk Shippers (IMS) and listed as certified inthe IMS List Sanitation Compliance and Enforcement Ratings of Interstate MilkShippers published by the U.S. Food and Drug Administration; (ii) performedin a laboratory operated by the Commonwealth; or (iii) performed using amethod that has been reviewed and accepted by the United States Public HealthService, the Association of Official Analytical Chemists, or the AmericanPublic Health Association.
B. Where an official drug test detects the presence of excessive drug residuein milk produced at a dairy farm, the Commissioner may: (i) assess a civilpenalty not to exceed $100 against the operator of the dairy farm; or (ii)order the suspension of any permit issued to the operator pursuant to §3.2-5206. No civil penalty shall be assessed under this section unless theoperator of the dairy farm has been given the opportunity for an informalfact-finding conference pursuant to § 2.2-4019. If the matter is not resolvedby the informal fact-finding conference or the operator of the dairy farm isdissatisfied with the Commissioner's decision from the informal fact-findingconference, the operator may request a second informal fact-findingconference. Any such request shall be submitted by the operator to theCommissioner within 30 days after the operator's receipt of the decision. TheCommissioner in his discretion may grant or deny such request.
Nothing in this section shall be construed to require the Commissioner tohold a formal hearing pursuant to § 2.2-4020 prior to the assessment of acivil penalty or the suspension of a permit pursuant to this section.
C. If the Commissioner assesses a civil penalty pursuant to this section andthe operator of the dairy farm fails to pay the civil penalty in a timelymanner, the Commissioner shall suspend any permit issued pursuant to §3.2-5206 to the operator.
D. Civil penalties assessed under this section shall be paid into the generalfund of the state treasury. The Board shall prescribe procedures for paymentof civil penalties. The procedures shall include provisions for a person toconsent to abatement of the alleged violation and pay a penalty or negotiatedsum in lieu of such penalty without admission of civil liability arising fromsuch alleged violation.
"Dairy farm" means any farm producing Grade A milk or milk formanufacturing purposes.
"Excessive drug residue" means drug residue that is: (i) greater than thevalue specified as a safe level by the U.S. Food and Drug Administration;(ii) equal to or greater than the value specified as the minimum actionablelevel by the U.S. Food and Drug Administration; or (iii) greater than thevalue specified as the maximum tolerance level established by federal law. Inthe event that no safe level, actionable level, or tolerance level for drugresidue has been established under federal law, any drug residue shall bedeemed to exceed the safe level, minimum actionable level, or tolerance levelof drug residue.
"Official drug test" means a test: (i) performed by a laboratory that iscertified by the Interstate Milk Shippers (IMS) and listed as certified inthe IMS List Sanitation Compliance and Enforcement Ratings of Interstate MilkShippers published by the U.S. Food and Drug Administration; (ii) performedin a laboratory operated by the Commonwealth; or (iii) performed using amethod that has been reviewed and accepted by the United States Public HealthService, the Association of Official Analytical Chemists, or the AmericanPublic Health Association.
B. Where an official drug test detects the presence of excessive drug residuein milk produced at a dairy farm, the Commissioner may: (i) assess a civilpenalty not to exceed $100 against the operator of the dairy farm; or (ii)order the suspension of any permit issued to the operator pursuant to §3.2-5206. No civil penalty shall be assessed under this section unless theoperator of the dairy farm has been given the opportunity for an informalfact-finding conference pursuant to § 2.2-4019. If the matter is not resolvedby the informal fact-finding conference or the operator of the dairy farm isdissatisfied with the Commissioner's decision from the informal fact-findingconference, the operator may request a second informal fact-findingconference. Any such request shall be submitted by the operator to theCommissioner within 30 days after the operator's receipt of the decision. TheCommissioner in his discretion may grant or deny such request.
Nothing in this section shall be construed to require the Commissioner tohold a formal hearing pursuant to § 2.2-4020 prior to the assessment of acivil penalty or the suspension of a permit pursuant to this section.
C. If the Commissioner assesses a civil penalty pursuant to this section andthe operator of the dairy farm fails to pay the civil penalty in a timelymanner, the Commissioner shall suspend any permit issued pursuant to §3.2-5206 to the operator.
D. Civil penalties assessed under this section shall be paid into the generalfund of the state treasury. The Board shall prescribe procedures for paymentof civil penalties. The procedures shall include provisions for a person toconsent to abatement of the alleged violation and pay a penalty or negotiatedsum in lieu of such penalty without admission of civil liability arising fromsuch alleged violation.
"Dairy farm" means any farm producing Grade A milk or milk formanufacturing purposes.
"Excessive drug residue" means drug residue that is: (i) greater than thevalue specified as a safe level by the U.S. Food and Drug Administration;(ii) equal to or greater than the value specified as the minimum actionablelevel by the U.S. Food and Drug Administration; or (iii) greater than thevalue specified as the maximum tolerance level established by federal law. Inthe event that no safe level, actionable level, or tolerance level for drugresidue has been established under federal law, any drug residue shall bedeemed to exceed the safe level, minimum actionable level, or tolerance levelof drug residue.
"Official drug test" means a test: (i) performed by a laboratory that iscertified by the Interstate Milk Shippers (IMS) and listed as certified inthe IMS List Sanitation Compliance and Enforcement Ratings of Interstate MilkShippers published by the U.S. Food and Drug Administration; (ii) performedin a laboratory operated by the Commonwealth; or (iii) performed using amethod that has been reviewed and accepted by the United States Public HealthService, the Association of Official Analytical Chemists, or the AmericanPublic Health Association.
B. Where an official drug test detects the presence of excessive drug residuein milk produced at a dairy farm, the Commissioner may: (i) assess a civilpenalty not to exceed $100 against the operator of the dairy farm; or (ii)order the suspension of any permit issued to the operator pursuant to §3.2-5206. No civil penalty shall be assessed under this section unless theoperator of the dairy farm has been given the opportunity for an informalfact-finding conference pursuant to § 2.2-4019. If the matter is not resolvedby the informal fact-finding conference or the operator of the dairy farm isdissatisfied with the Commissioner's decision from the informal fact-findingconference, the operator may request a second informal fact-findingconference. Any such request shall be submitted by the operator to theCommissioner within 30 days after the operator's receipt of the decision. TheCommissioner in his discretion may grant or deny such request.
Nothing in this section shall be construed to require the Commissioner tohold a formal hearing pursuant to § 2.2-4020 prior to the assessment of acivil penalty or the suspension of a permit pursuant to this section.
C. If the Commissioner assesses a civil penalty pursuant to this section andthe operator of the dairy farm fails to pay the civil penalty in a timelymanner, the Commissioner shall suspend any permit issued pursuant to §3.2-5206 to the operator.
D. Civil penalties assessed under this section shall be paid into the generalfund of the state treasury. The Board shall prescribe procedures for paymentof civil penalties. The procedures shall include provisions for a person toconsent to abatement of the alleged violation and pay a penalty or negotiatedsum in lieu of such penalty without admission of civil liability arising fromsuch alleged violation.
