TITLE 2. AGRICULTURE
REGISTRAR'S NOTICE: The
Department of Agriculture and Consumer Services is claiming an exemption from
the Administrative Process Act in accordance with § 2.2-4002 A 13 of the
Code of Virginia, which excludes the Commissioner and the Board of Agriculture
and Consumer Services when promulgating regulations pursuant to § 3.2-5406
of the Code of Virginia including 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 2VAC5-210-10).
Statutory Authority: § 3.2-5406 of the Code of Virginia.
Effective Date: August 31, 2016.
Agency Contact: Barry Jones, Program Manager, Meat and
Poultry Services, 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 barry.jones@vdacs.virginia.gov.
Summary:
The amendment updates the publication date for Title 9,
Chapter III, Subchapters A and E of the Code of Federal Regulations (CFR)
referenced in this regulation from January 1, 2013, to January 1, 2016. The
U.S. Department of Agriculture/Food Safety and Inspection Service (USDA/FSIS)
amended sections of these subchapters of the CFR after 2VAC5-210 was last
amended. The USDA/FSIS revisions to the CFR that are incorporated by reference
include (i) removal of prescriptive time and temperature parameters for
ready-to-cook poultry and the requirement that poultry establishments, other
than ratite establishments, incorporate procedures for chilling poultry into
their hazard analysis and critical control point plan or sanitation standard
operating procedures or other prerequisite programs; (ii) a requirement that
official poultry slaughter establishments develop, implement, and maintain
written procedures to prevent contamination of carcasses and parts by enteric
pathogens and fecal contamination throughout the entire slaughter and dressing
operation, and that establishments maintain daily records to document the
implementation and monitoring of these procedures; (iii) clarifying that
establishments may not release into commerce product that has been in contact
with Listeria monocytogenes-contaminated surfaces without reprocessing the
product; (iv) a requirement that a descriptive designation be used as part of
the product name on the labels of raw meat and poultry products that contain
added solutions and that do not meet a standard of identity; (v) a requirement
that the product name for mechanically tenderized beef contain the descriptive
designation "mechanically tenderized," "needle tenderized,"
or "blade tenderized" and that labels of raw or partially cooked
needle-tenderized or blade-tenderized raw beef products destined for household
consumers, hotels, restaurants, or similar institutions bear validated cooking
instructions.
Part I
Adoption by Reference
2VAC5-210-10. Adoption by reference.
The rules and regulations governing the meat and poultry
inspection of the United States Department of Agriculture specified in this
part, as contained in Title 9, Chapter III, Subchapters A and E of the Code of
Federal Regulations, as it exists and has been published in the January 1, 2013
2016, update with amendments and with administrative changes therein as
needed to make them appropriate and applicable to intrastate operations and
transactions subject to the Virginia Meat and Poultry Products Inspection Act,
are hereby adopted by reference.
VA.R. Doc. No. R17-4805; Filed August 31, 2016, 11:15 a.m.