Virginia Regulatory Town Hall
Department of Agriculture and Consumer Services
Department of Agriculture and Consumer Services
Regulations Governing Grade "A" Milk [2 VAC 5 ‑ 490]
Action is Exempt from Article 2 of the Administrative Process Act
Adopts the requirements contained in the 2005 Pasteurized Milk Ordinance
Action 2377
General Information
Action Summary The final regulation adopts the requirements contained in the 2005 Pasteurized Milk Ordinance (PMO). The PMO is a federal model regulation for adoption by the states governing the production, processing, distribution and sale of milk and milk products in the United States. The only change between the final regulation and the proposed regulation is that the effective date for the final regulation is established in section 2 VAC 5-490-37 A of the regulation as May 23, 2007. The final regulation continues existing regulations governing: (1) the requirements to produce and sell Grade “A” milk for pasteurization; the requirements to process and sell fluid milk products (milk, yogurt, and cottage cheese); (2) that milk used for Grade “A” purposes be pasteurized; (3) the requirement for a permit to produce or process Grade “A” milk; and (4) minimum standards that dairy farms and dairy plants must meet in producing and processing Grade “A” milk, including pasteurization, cooling, storage, quality-control tests, packaging, and labeling requirements. Statutory Authority and Exemption from Administrative Process Act The Board of Agriculture and Consumer Services is authorized by § 3.1-530.1 of the Code of Virginia (1950), as amended to establish definitions, standards of quality and identity and to adopt and enforce regulations dealing with the issuance of permits, production, importation, processing, grading, labeling and sanitary standards for milk, milk products and those products manufactured or sold in semblance to or as substitutes therefor. Any regulation adopted pursuant to § 3.1-530.1 shall, unless a later effective date is specified in the regulation, be effective upon filing with the Registrar of Regulations, who shall publish the regulation as a final regulation in the Virginia Register of Regulations. Neither the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) nor public participation guidelines adopted pursuant thereto shall apply to the adoption of any regulation pursuant to § 3.1-530.1. Prior to promulgating any regulation pursuant to § 3.1-530.1, the Board shall publish a notice of opportunity to comment in the Virginia Register of Regulations. The notice of opportunity to comment shall contain (i) a summary of the proposed regulation; (ii) instructions on how to obtain the complete text of the proposed regulation; and (iii) the name, address, and telephone number of the agency contact person responsible for receiving public comments. The notice of opportunity to comment shall be made at least ninety days in advance of the last date prescribed in the notice for submittals of public comment. The legislative review provisions of § 2.2-4014 shall apply to the promulgation or final adoption process of regulations under section § 3.1-530.1. The Board shall consider and keep on file all public comments received for any regulation adopted pursuant to § 3.1-530.1.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 3.1-530.1
RIS Project No project yet assigned to this action
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
4157 Final Stage complete. This regulation became effective on 05/23/2007.
Contact Information
Name / Title: Pamela Miles  / Program Manager, Office of Dairy and Foods
Address: P. O. Box 1163
Richmond, VA 23218
Email Address:
Phone: (804)786-8899    FAX: (804)371-7792    TDD: (800)828-1120

This person is the primary contact for this chapter.