Section 20. Adulterated or misbranded milk or milk products

Part III. Adulterated or Misbranded Milk or Milk Products

A. No person may produce, provide, sell, offer, expose for sale, or possess with intent to sell any adulterated or misbranded condensed milk product, dry milk product, milk, or milk product.

B. Each person who produces, provides, sells, offers, exposes for sale, or possesses any adulterated or misbranded condensed milk product, dry milk product, milk, or milk product shall be subject to having the person's adulterated or misbranded condensed milk product, dry milk product, milk, or milk product impounded by the State Regulatory Authority.

C. No person may provide, sell, offer, or expose for sale any condensed milk product, dry milk product, milk, or milk product to any milk plant for use in any grade A milk or grade A milk product if the person does not possess a permit from the State Regulatory Authority, 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 (i) the supply of grade A raw milk for pasteurization, ultra-pasteurization, or aseptic processing is not adequate to meet the nutritional needs of any person who secures milk in the Commonwealth; or (ii) the supply of pasteurized, ultra-pasteurized, or aseptically processed milk or milk product at retail is not available for purchase by any person who secures milk in the Commonwealth.

D. No person may produce, provide, sell, offer, expose for sale, or possess any condensed milk product, dry milk product, milk, or milk product under the provision of subsection C of this section unless the condensed milk product, dry milk product, milk, or milk product is labeled "ungraded."

Historical Notes

Derived from VR115-05-01 § 2, 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.