Section 30. Permits

A. No person shall operate automated testing equipment to determine the fat, protein, and lactose content of milk for the purpose of official inspection, check testing, or as a basis for payment in buying or selling unless facility and equipment requirements have been satisfied and a permit obtained from the State Regulatory Authority.

B. When an automated testing instrument is used to determine the fat, protein, and lactose content of milk for the purpose of official inspection, check testing, or as a basis for payment in buying or selling, it shall be unlawful for any person who does not possess a permit from the State Regulatory Authority to:

1. Calibrate and operate an automated testing instrument.

2. Operate only an automated testing instrument.

3. Test milk by reference methods.

C. The State Regulatory Authority shall suspend such permit whenever:

1. The permit holder has violated any of the requirements of this chapter; or

2. The permit holder has interfered with the State Regulatory Authority in the performance of its duties.

D. The State Regulatory Authority shall in all cases except where there is a gross violations or in any case of a willful refusal to permit authorized inspection, serve upon the holder a written notice of intent to suspend permit which notice shall specify with particularity the violations in question, and afford the holder such reasonable opportunity to correct such violations.

E. A suspension of permit shall remain in effect until the violation has been corrected to the satisfaction of the State Regulatory Authority.

F. Upon a showing of gross or repeated violations, the State Regulatory Authority may revoke such permit following reasonable notice to the permit holder and an opportunity for a hearing. This chapter is not intended to eliminate the possibility of court action.

Historical Notes

Derived from VR115-05-04 § 3, eff. March 18, 1987.

Statutory Authority

§§ 3.2-5223 and 3.2-5224 of the Code of Virginia.