Vol. 33 Iss. 2 - September 19, 2016

Chapter 210
Final Regulation

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


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.