REGULATIONS
Vol. 38 Iss. 3 - September 27, 2021

TITLE 2. AGRICULTURE
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Chapter 210
Final

REGISTRAR'S NOTICE: The Commissioner and Board of Agriculture and Consumer Services are 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: September 27, 2021.

Agency Contact: JoAnn G. Connell, 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, TDD (800) 828-1120, or email joann.connell@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 incorporated by reference in the regulation to January 1, 2021. The U.S. Department of Agriculture Food Safety and Inspection Service has amended sections of these subchapters, (i) eliminating the requirements for both ready-to-eat and not-ready-to-eat pork and pork products to be treated to destroy trichinae (Trichinella spiralis) because the regulations are inconsistent with the Hazard Analysis and Critical Control Point regulations and because these prescriptive regulations are no longer necessary and (ii) amending the definition and standard of identity for the "roaster'' or "roasting chicken'' poultry.

2VAC5-210-10. Adoption by reference.

The rules and regulations governing the meat and poultry inspection of the 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, 2018 2021, 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. R22-6757; Filed September 08, 2021