TITLE 2. AGRICULTURE
REGISTRAR'S NOTICE: The following regulatory action is exempt from the Administrative Process Act in accordance with § 2.2-4002 A 13 of the Code of Virginia, which excludes the Commissioner of Agriculture and Consumer Services and the Board of Agriculture and Consumer Services in promulgating regulations pursuant to § 3.2-5406 A, which includes adopting (i) by reference any regulation under the federal acts as it pertains to Chapter 54 (§ 3.2-5400 et seq.) of Title 3.2 of the Code of Virginia, amending it as necessary for intrastate applicability and (ii) any regulation containing provisions no less stringent than those contained in federal regulation. The Department of Agriculture and Consumer Services will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 2VAC5-210. Rules and Regulations Pertaining to Meat and Poultry Inspection Under the Virginia Meat and Poultry Products Inspection Act (amending 2VAC5-210-41).
Statutory Authority: § 3.2-5406 of the Code of Virginia.
Effective Date: May 21, 2010.
Agency Contact: Richard. C. Hackenbracht, Program Manager, Department of Agriculture and Consumer Services, P. O. Box 1163, Richmond, VA 23218, telephone (804) 786-4569, FAX (804) 786-1003, TTY (800) 828-1120, or email richard.hackenbracht@vdacs.virginia.gov.
Summary:
This amendment adopts Title 9, Chapter III, Subchapter E, Part 442 of the Code of Federal Regulations (rev. October 9, 2008) regarding quantity of contents labeling and procedures and requirements for accurate weights. The USDA Food Safety Inspection Service has consolidated the separate net weight regulations for meat and poultry products in a new CFR part, applicable to both meat and poultry products. By adopting 9 CFR Part 442, the regulations will reference the most recent version of the National Institute of Standards and Technology Handbook 133 that contains standards for determining the reasonable variations allowed for the declared net weight on labels of immediate containers of meat and poultry products; the procedures to be used to determine the net weight and net weight compliance of meat and poultry products; and related definitions. The addition of this part does not change the net weight requirements.
2VAC5-210-41. Regulatory requirements.
The Commissioner of the Department of Agriculture and Consumer Services hereby adopts the following provisions of Chapter III of Title 9, Subchapter E of the Code of Federal Regulations (rev. January 1, 2007) October 9, 2008):
Subchapter E. Regulatory requirements under the federal Meat Inspection Act and the Poultry Products Inspection Act.
Part 424. Preparation and processing operations.
Part 430. Requirements for specific classes of product.
Part 441. Consumer protection standards: raw products.
Part 442. Quantity of contents labeling and procedures and requirements for accurate weights.
Part 500. Rules of practice.
VA.R. Doc. No. R10-2352; Filed May 21, 2010, 12:05 p.m.