Vol. 25 Iss. 11 - February 02, 2009

Chapter 230
Final Regulation

Title of Regulation: 2VAC5-230. Rules and Regulations Applicable to Controlled Atmosphere (CA) Apples (amending 2VAC5-230-30, 2VAC5-230-50, 2VAC5-230-60).

Statutory Authority: §§ 3.2-4601 and 3.2-4605 of the Code of Virginia.

Effective Date: March 4, 2009.

Agency Contact: Thomas H. Smith, Agriculture and Consumer Services Supervisor, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3548, FAX (804) 371-7785, TTY (800) 828-1120, or email


The amendments update citations to reflect the recodification of Title 3.1 to Title 3.2 of the Code of Virginia, which became effective October 1, 2008.

2VAC5-230-30. Requirements for selling (CA) apples.

Any person selling (or placing in transit for first shipment or delivery) any apples identified as being from controlled atmosphere shall provide an invoice which shows the assigned identification number and the original certificate number, as required by § 3.1-993 3.2-4608 of the Code of Virginia. Enforcement officials may investigate and examine records and invoices relating to any transactions in connection with this chapter in order to confirm that apples have met these requirements.

2VAC5-230-50. CA registration by other states.

Any person who owns or operates a controlled atmosphere room, or storage building, or who engages in the business of packing or repacking apples which have been held in controlled atmosphere storage where business is local or outside Virginia and who intends to, or does, market in the Commonwealth of Virginia apples so treated and represented as having been exposed to "controlled atmosphere" storage shall register with the commissioner in the same manner as any person within this Commonwealth. Provided, however, that where such person has registered with the proper authorities in the state of origin and has been assigned a comparable registration number or CA identification number under the authority of laws or regulations of such state, he may use that registration if that state has laws or regulations comparable to the CA provisions of § 3.1-995 3.2-4603 of the Code of Virginia and this chapter.

2VAC5-230-60. Inspection and certification fees.

The authority of the board contained in § 3.1-1001 3.2-4605 of the Code of Virginia to prescribe fees for the inspection and certification of CA apples is delegated to the commissioner.

VA.R. Doc. No. R09-1700; Filed January 13, 2009, 11:21 a.m.