Section 40. Adulterated or misbranded milk or dairy products

A. No person may produce, provide, sell, offer, expose for sale, or possess, any adulterated or misbranded milk for manufacturing purposes or dairy product.

B. Any person who produces, provides, sells, offers, exposes for sale, or possesses, any adulterated or misbranded milk for manufacturing purposes or dairy product shall be subject to the impoundment of the person's adulterated or misbranded milk for manufacturing purposes or dairy product by the Virginia Department of Agriculture and Consumer Services.

C. The Virginia Department of Agriculture and Consumer Services shall comply with the following administrative procedures when impounding any adulterated or misbranded milk for manufacturing purposes or dairy product:

1. The Virginia Department of Agriculture and Consumer Services shall serve the person with a written impoundment notice. The written impoundment notice shall specify the violations and inform the person of the right to appear before the Virginia Department of Agriculture and Consumer Services in person, by counsel, or by other qualified representative at a fact-finding conference for the informal presentation of factual data, arguments, and proof to contest the written notice of violation;

2. The written impoundment notice shall include:

a. The type of adulterated or misbranded milk for manufacturing purposes or dairy product;

b. The size and number of separate units in the lot being impounded;

c. The product code and sell by date for the lot of product if each exists;

d. A statement directing the person to:

(1) Immediately remove from sale the entire lot of adulterated or misbranded milk for manufacturing purposes or dairy product;

(2) Isolate and identify as not for sale the entire lot of adulterated or misbranded milk for manufacturing purposes or dairy product in the person's storage area in a location separate from any storage accessible from a retail sales area;

(3) Comply with one of the following options:

(a) If the milk for manufacturing purposes or dairy product is adulterated: (i) the entire lot shall be destroyed or (ii) the entire lot shall be held and returned to the manufacturer, distributor, or producer; or

(b) If the milk for manufacturing purposes or dairy product is misbranded: (i) the entire lot shall be destroyed; (ii) the entire lot shall be held and returned to the manufacturer, distributor, or producer; or (iii) the entire lot shall be held and new labels affixed to each container in the lot which comply with all provisions for labeling of milk for manufacturing purposes or dairy products contained in this chapter prior to being offered for sale.

Historical Notes

Derived from Volume 21, Issue 08, eff. January 26, 2005.

Statutory Authority

§§ 3.2-5206 of the Code of Virginia.