Vol. 34 Iss. 23 - July 09, 2018

Chapter 210
Final Regulation

REGISTRAR'S NOTICE: The Commissioner 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 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: July 9, 2018.

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

Small Business Impact Review Report of Findings:  This regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.


The amendments update the publication date for Title 9, Chapter III, Subchapters A and E of the Code of Federal Regulations (CFR) from January 1, 2016, to January 1, 2018. The U.S. Department of Agriculture/Food Safety and Inspection Service (USDA/FSIS) updates Title 9, Chapter III on January 1 of each year. The USDA/FSIS revisions to the CFR that are incorporated by reference include (i) a provision stating that livestock owners, transporters, haulers, and other persons not employed by an official establishment will be held responsible if they commit acts involving inhumane handling of livestock in connection with slaughter when on the premises of an official establishment; (ii) the removal of a provision that permits establishments to set apart and hold for treatment veal calves that are unable to rise from recumbent position and walk because they are tired or cold; (iii) a requirement that all nonambulatory disabled cattle be promptly disposed of after they have been condemned; (iv) the removal of a provision that requires antemortem inspection to be conducted in pens; (v) an amendment to the definition and standard of identity for the "roaster" or "roasting chicken" poultry class to better reflect the characteristics of "roaster" chickens in the market today; and (vi) an update to the definition of "roaster" to remove the eight-week minimum age criterion and increase the ready-to-cook carcass weight from five pounds to five and one-half pounds.

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 U.S. 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, 2016 2018, 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. R18-5455; Filed June 12, 2018, 9:55 a.m.