Section 70. Milk or milk products that may be sold

Part VIII. Milk and Milk Products That May Be Sold

A. Except as specified in subsection B of this section from and after September 10, 1993, a person may sell, offer for sale, or expose for sale in the Commonwealth only grade A pasteurized, ultra-pasteurized, aseptically processed and packaged, or retort processed after packaged milk or milk products to the final consumer, or to restaurants, soda fountains, and grocery stores or similar establishments, provided only grade A milk and milk products shall be sold to milk plants for use in the commercial preparation of grade A milk and milk products.

B. No person may sell, offer for sale, or expose for sale in the Commonwealth any pasteurized, ultra-pasteurized, aseptically processed and packaged, or retort processed after packaged milk or milk products that have not been graded or the grade of which is not known to the final consumer, or to restaurants, soda fountains, and grocery stores or similar establishments unless the Commissioner of Agriculture and Consumer Services makes a finding in writing (which the Commissioner of Agriculture and Consumer Services may renew for terms not to exceed 90 days per term, without limitation) that the supply of grade A raw milk for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processed after packaging is not adequate to meet the nutritional needs of any person who secures milk in Virginia; or the supply of pasteurized, ultra-pasteurized, aseptically processed and packaged, or retort processed after packaged milk or milk product at retail is not available for purchase by any person who secures milk in Virginia.

C. No person may sell, offer for sale or expose for sale or possess in the Commonwealth any pasteurized, ultra-pasteurized, aseptically processed and packaged, or retort processed after packaged milk or milk products under the provision of subsection B of this section unless the milk or milk product is labeled "ungraded."

Historical Notes

Derived from VR115-05-01 § 7, eff. October 15, 1986; amended, Volume 03, Issue 10, eff. March 18, 1987; Volume 09, Issue 23, eff. September 8, 1993; Volume 23, Issue 20, eff. May 23, 2007; Volume 31, Issue 12, eff. January 21, 2015.

Statutory Authority

§ 3.2-5206 of the Code of Virginia.