Vol. 35 Iss. 2 - September 17, 2018



Agency Decision

Title of Regulation: 2VAC5-490. Regulations Governing Grade "A" Milk.

Statutory Authority: ยง 3.2-5206 of the Code of Virginia.

Name of Petitioner: Virginia State Dairymen's Association.

Nature of Petitioner's Request: The petitioner is requesting that the Board of Agriculture and Consumer Services amend 2VAC5-490-50 by reducing the allowed maximum somatic cell count from the current 750,000 to 500,000 somatic cells per milliliter. The petitioner also requests this section be amended to reduce the allowed maximum bacteria count from 100,000 to 50,000 bacteria per milliliter prior to commingling with any other milk.

Agency Decision: Request granted.

Statement of Reason for Decision: The Board of Agriculture and Consumer Services has voted to grant the petitioner's request for rulemaking for the following reasons: lowering the allowable somatic cell and bacteria counts in grade "A" milk will result in a safer and higher-quality product for consumers and may lead to the availability of new markets for milk and milk products produced in Virginia. Many producers are currently producing grade "A" milk that is in compliance with the proposed somatic cell and bacteria counts and would likely support the proposed regulatory amendments.

Agency Contact: Ryan Davis, Program Manager, Office of Dairy and Foods, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-8899, or email

VA.R. Doc. No. R18-34; Filed August 28, 2018, 2:18 p.m.