CHAPTER 598

Act to amend the Code of Virginia by adding thereto in Chapter 24 of
Title 8 an article numbered 4, containing §§ 8-676.7 through 8-676.22,
to provide for the inspection of livestock and poultry slaughtered, and
the carcasses and parts thereof, meat food products and poultry
products processed therefrom, for human consumption, at certain
establishments; condemnation and destruction of carcasses, parts
thereof, and products found unfit for human food; regulation of sant-
tation of the establishments; regulation of marking and labeling of
the carcasses, parts thereof, meat food products, and poultry products;
restriction on distribution of uneviscerated poultry carcasses; record
keeping requirements; exemptions from requirements of the act;
penalties for specified violations of the act; denial of inspection; tssu-
ance of regulations to effectuate the act; relation of the act to federal
laws; cooperation with the federal government; cost of inspection;
and separability of provisions of the act; and to repeal $§ 3-672
through 8-676, and 8§ 8-676.1 through 8-676.6, as severally amended,
of the Code of Virginia, relating to the same matters.

[H 489]
Approved April 5, 1966

Be it enacted by the General Assembly of Virginia:
That the Code of Virginia be amended by adding in Chapter 24 of
. 8 thereof an article numbered 4, containing sections numbered
6.7 through 3-676.22, as follows:
Article 4

§ 3-676.7. This act may be cited as the “Virginia Meat and Poultry
lucts Inspection Act’’.
§ 3-676.8. Meat, meat food products, and poultry products are an
rtant source of the supply of human food in this State and legislation
sure that such food supplies are wholesome, unadulterated, and other-
fit for human consumption, and properly labeled is in the public inter-
Therefore, it is hereby declared to be the policy of this State to provide
he inspection as herein provided of livestock and poultry slaughtered,
the carcasses, parts thereof, meat food products and poultry products
essed therefrom, for human food, at certain establishments to prevent
distribution in intrastate commerce, for human consumption, of live-
c and poultry carcasses and parts thereof, meat food products, and
try products which are unwholesome, adulterated or otherwise unfit
uman food or improperly labeled.

§ 8-676.9. For purposes of this act:

(a) “Intrastate commerce” means commerce within this State.

(b) “Board” means the Board of Agriculture and Immigration of

tate

(c) “Commissioner” means the Commissioner of Agriculture and Im-
ation of this State, or any person authorized to act in his stead.

(d) “Person” means any individual, partnership, corporation, asso-
on, or any other business entity.

(e) “Livestock” means cattle, sheep, swine, goats, horses, or rabbits.
(f) ‘Meat’ means any edible part of the carcass of any livestock.

(zg) ‘“‘Meat food product” means any article of food, or any article
ded for or capable of use as human food, which is derived or
ared, in whole or in part, from any portion of any livestock, unless
ipted by the Commissioner upon his determination that the article (1)
4ins only a minimal amount of meat and is not represented as a meat
food product or (2) is for medicinal purposes and is advertised only to the
medical profession.

(h) “Poultry” means any live or slaughtered domesticated bird.

(i) “Poultry product” means any poultry which has been slaughtered
for human food from which the blood, feathers, feet, head, and viscera
have been removed in accordance with rules and regulations promulgated
by the Board, any edible part of poultry or any human food product con-
sisting of any edible part of poultry separately or in combination with
other ingredients. However, any such human food product may be exempt-
ed from this definition by the Commissioner upon his determination that
the product (1) contains only a minimal amount of poultry and is not
represented as a poultry product or (2) is used for medicinal purposes anc
is advertised only to the medical profession.

(j) “Wholesome” means sound, healthful, clean and otherwise fit for
human food.

(k) “Unwholesome” means (1) unsound, injurious to health, contain-
ing any biological residue not permitted by rules and regulations pre
scribed by the Board, or otherwise rendered unfit for human food; (2) con-
sisting in whole or in part of any filthy, putrid, or decomposed substance.
(3) processed, prepared, packed, or held under unsanitary conditions
whereby any livestock or poultry carcass or part thereof or any meat food
product or poultry product may have become contaminated with filth ot
may have been rendered injurious to health; (4) produced in whole or iz
part from livestock or poultry which has died otherwise than by slaughter.
or (5) packaged in a container composed of any poisonous or deleterious
substance which may render the contents injurious to health.

(1) “Adulterated” shall apply to livestock or poultry carcass, part
thereof, meat food product or poultry product under one or more of the
following circumstances: (1) If it bears or contains any poisonous or dele-
terious substance which may render it injurious to health: but, in case the
substance is not an added substance, such article shall not be considered
adulterated under this clause if the quantity of such substance does not
ordinarily render it injurious to health; (2) If it bears or contains any
added poisonous or added deleterious substance, unless such substance 1s
permitted in its production or unavoidable under good manufacturing
practices as may be determined by rules and regulations prescribed by the
Board: Provided, that any quantity of such added substances exceeding the
limit so fixed shall also be deemed to constitute adulteration; (3) If any
substance has been substituted, wholly or in part, therefor; (4) If damage
or inferiority has been concealed in any manner; (5) If any valuable con:
stituent has been in whole or in part omitted or abstracted therefrom; (6)
If any substance has been added thereto or mixed or packed therewith sc
as to increase its bulk or weight, or reduce its quality or strength,
make it appear better or of greater value than it is.

(m) “Inspector” means an employee or official of this State author-
ized by the Commissioner to inspect livestock or poultry or carcasses 0!
parts thereof, meat food products, or poultry products under the authority
of this act.

(n) “Official inspection mark” means any symbol, formulated pur
suant to rules and regulations prescribed by the Board, stating that ar
article was inspected and passed.

(o) “Inspection service” means the official government service withit
the Department of Agriculture and Immigration of this State designated
by the Commissioner as having the responsibility for carrying out the pro-
visions of this act.

CC, a, a Ss , a | i Sa | © e a“ @ 24 _— pa
determined by the Commissioner at which inspection of the slaughter of
livestock or poultry or the processing of livestock or poultry carcasses or
parts thereof, meat food products, or poultry products, is maintained
under the authority of this act.

(r) “Label” means any written, printed or graphie material upon the
shipping container, if any, or upon the immediate container, including but
not limited to an individual consumer package, of an article, or accom-
panying such article. © )

(s) “Shipping container” means any container used or intended for
use in packaging the article packed in an immediate container.

(t) “Immediate container” means any consumer package, or any
other container in which an article, not consumer packaged, is packed.

(u) “Federal Meat Inspection Act’ means the Act of Congress ap-
proved March 4, 1907, as amended and extended (21 U.S.C. 71 et seq.) and
the imported meat provisions of subsections 306(b) and (c) of the Tariff
Act of 1930, as amended (19 U.S.C. 1306(b) and (c) ). .

(v) “Federal Poultry Products Inspection Act” means the Act of
Congress approved August 28, 1957, as amended (21 U.S.C. 451 et. seq.).

§ 3-676.10. (a) For the purpose of preventing the entry into or
movement in intrastate commerce of any livestock or poultry carcass, part
thereof, meat food product or poultry product which is unwholesome or
adulterated and is intended for or capable of use as human food, the Com-
missioner shall, where and to the extent considered by him necessary,
cause to be made by inspectors ante-mortem inspection of livestock and
poultry in any official establishment where livestock or poultry are slaugh-
tered for such commerce. a

(b) For the purpose stated in paragraph. (a), the Commissioner,
whenever slaughtering or other processing operations are being conducted,
shall cause to be made by inspectors post-mortem inspection of the car-
casses and parts thereof of each animal and bird slaughtered in any such
Official establishment and shall cause to be made by inspectors an inspec-
tion of all meat food products and poultry products processed in any offi-
cial establishment in which meat food products or poultry products are
processed for intrastate commerce. oo

(c) The Commissioner shall also cause, at any time, such quarantine,
segregation, and reinspection of livestock and poultry, livestock and
poultry carcasses and parts thereof, meat food products and poultry prod-
ucts in official establishments as he deems necessary to effectuate the pur-
poses of this act. Mn,

(d) All livestock and poultry carcasses and parts thereof, meat food
products, and poultry products found by an inspector to be unwholesome
or adulterated in any official establishment shall be condemned and shall, if
no appeal be taken from such determination of condemnation, be destroyed
for human food purposes under the supervision of an inspector: Provided,
that articles, which may by reprocessing be made not unwholesome and not
adulterated, need not be so condemned and destroyed if so reprocessed
under the supervision of an inspector and thereafter found to be not un-
wholesome and not adulterated. If any appeal be taken from such deter-
mination, the articles shall be appropriately marked and segregated pend-
Ing completion of an appeal inspection, which appeal shall be at the cost of
the appellant if the Commissioner determines that the appeal is frivolous.
If the determination of condemnation is sustained, the articles shall be
destroyed for human food purposes under the supervision of an inspector.

$ 3-676.11. (a) Each official establishment at which livestock or
poultry is slaughtered or livestock or poultry carcasses or parts thereof,
meat food products, or poultry products are processed for intrastate com-
merce shall have such premises, facilities, and equipment, and be operated
In accordance with such sanitary practices, as are required by rules and
regulations prescribed by the Board for the purpose of preventing the
entry into and movement in such commerce of carcasses, parts thereof,
meat food products, and poultry products which are unwholesome or adul-
terated. No livestock or poultry carcasses or parts thereof, meat food prod-
ucts or poultry products shall be admitted into any official establishment
unless they have been prepared only under inspection pursuant to this act
or the Federal Meat Inspection Act or the Federal Poultry Products In-
spection Act, or their admission is permitted by rules and regulations
prescribed by the Board under this act.

(b) The Commissioner shall refuse to render inspection to any estab-
lishment whose premises, facilities, or equipment, or the operation thereof,
fail to meet the requirements of this section.

§ 3-676.12. (a) Each shipping container of any meat, meat food
product, or poultry product inspected under the authority of this act and
found to be wholesome and not adulterated shall at the time such product
leaves the official establishment bear, in distinctly legible form, the official
inspection mark and the approved plant number of the official establish-
ment in which the contents were processed. Each immediate container of any
meat, meat food product or poultry product inspected under the author-
ity of this act and found to be wholesome and not adulterated shall at the
time such product leaves the official establishment bear, in addition to the
official inspection mark, in distinctly legible form, the name of the product,
a statement of ingredients if fabricated from two or more ingredients,
including a declaration as to artificial flavors, colors, or preservatives, if
any, the net weight or other appropriate measure of the contents, the
name and address of the processor and the approved plant number of the
official establishment in which the contents were processed. The name and
address of the distributor may be used in lieu of the name and address of
the processor if the approved plant number is used to identify the official
establishment in which the article was prepared and packed. Each live-
stock carcass and each primal part of such a carcass shall bear the official
inspection mark and approved plant number of the establishment when it
leaves the official establishment. The Commissioner may require additional
marks or label information to appear on livestock or poultry carcasses or
parts thereof, meat food products or poultry products when they leave the
official establishments or at the time of their transportation or sale in this
State, and he may permit reasonable variations and grant exemptions
from the marking and labeling requirements of this paragraph in any
manner not in conflict with the purposes of this act. Marks and labels
required under this paragraph shall be applied only by, or under the super-
vision of, an inspector.

(b) The use of any written, printed or graphic matter upon or accom-
panying any livestock or poultry carcass, or part thereof, meat food prod-
uct, or poultry product inspected or required to be inspected pursuant to
the provisions of this act, or the container thereof, which is false or mis-
leading in any particular is prohibited. No livestock or poultry carcasses
or parts thereof, meat food products, or poultry products inspected or re-
quired to be inspected pursuant to the provisions of this act shall be sold or
offered for sale by any person, firm, or corporation under any false or
deceptive name; but established trade names which are usual to such ar-
ticles and which are not false or deceptive and which shall be approved by
the Commissioner are permitted. If the Commissioner has reason to be-
lieve that any label in use or prepared for use is false or misleading in any
particular, he may direct that the use of the label be withheld unless it is
modified in such manner as he may prescribe so that it will not be false or
misleading. If the person using or proposing to use the label does not ac-
cept the determination of the Commissioner, he may request a hearing, but
the use of the label shall, if the Commissioner so directs. be withheld nend-
ing hearing and final determination by the Commissioner. Any such deter-
mination by the Commissioner shall be conclusive unless within thirty
days after the receipt of notice of such final determination the person ad-
versely affected thereby appeals to a court of competent jurisdiction for
the district in which he has his principal place of business.

§ 3-676.13. The following acts or the causing thereof within this
State are hereby prohibited:

(a) The sale, or processing or offering for sale, transportation, or
delivery or receiving for transportation, in intrastate commerce, of any
livestock carcass or part thereof, meat food product, or poultry product,
unless such article has been inspected for wholesomeness and unless the
article and its shipping container and immediate container, if any, are
marked in accordance with the requirements under this act or the Federal
Meat Inspection Act or the Federal Poultry Products Inspection Act.

(b) The sale or other disposition for human food of any livestock or
poultry carcass or part thereof, meat food product, or poultry product
which has been inspected and declared to be unwholesome or adulterated
under this act. ,

(c) Falsely making or issuing, altering, forging, simulating, or coun-
terfeiting, or using without proper authority any official inspection certifi-
cate, memorandum, mark, or other identification, or device for making
such mark or identification, used in connection with inspection under this
act, or causing, procuring, aiding, assisting in, or being a party to, such
false making, issuing, altering, forging, simulating, counterfeiting, or un-
authorized use or knowingly possessing, without promptly notifying the
Commissioner or his representative, uttering, publishing or using as true,
or causing to be uttered, published, or used as true, any such falsely made
or issued, altered, forged, simulated or counterfeited official inspection cer-
tificate, memorandum, mark, or other identification, or device for making
such mark of identification, or representing that any article has been offi-
cially inspected under the authority of this act when such article has in
fact not been so inspected, or knowingly making any false representation
in any certificate prescribed by the Commissioner or any form resembling
any such certificate. ]

(d) Using in intrastate commerce a false or misleading label on any
livestock or poultry carcass or part thereof, meat food product, or poultry
product. oe

(e) The use of any container bearing an official inspection mark ex-
cept for the article in the original form in which. it was inspected and
covered by such mark unless the mark is removed, obliterated, or other-
wise destroyed.

(f) The refusal to permit access by any duly authorized representa-
tive of the Commissioner, at all reasonable times, to the premises of an
establishment in this State at which livestock or poultry are slaughtered or
the carcasses or parts thereof, meat food products, or poultry products are
pti for intrastate commerce, upon presentation of appropriate cre-

entials.

(g) The refusal to permit access to and the copying of any record as
authorized by this act.

(h) The using by any person to his own advantage, or revealing,
other than to the authorized representatives of any government agency in
their official capacity, or to the courts when relevant in any judicial pro-
ceeding, any information acquired under the authority of this act, concern-
ing any matter which as a trade secret is entitled to protection.

(i) Delivering, receiving, transporting, selling, or offering for sale or
transportation in intrastate commerce, for human consumption, any une-
viscerated slaughtered poultry, or any livestock or poultry carcass or part
thereof, meat food product or poultry product which has been processed in
violation of any requirements under this act, except as may be authorized
by and pursuant to rules and regulations prescribed.

(j) Delivering, receiving, transporting, selling, or offering for sale or
transportation in intrastate commerce any livestock or poultry carcass or
part thereof, meat food product or poultry product exempted under
§ 8-676.16, which is unwholesome or adulterated, and is intended for hu-
man consumption.

(k) Applying to any livestock or poultry carcass or part thereof,
meat food product, or poultry product, or any container thereof, any offi-
cial inspection mark or label required under this act, except by, or under
the supervision of, an inspector.

§ 3-676.14. Subject to the provisions of § 3-676.21(a), no establish-
ment in this State shall slaughter any livestock or poultry or process any
livestock or poultry carcasses, or parts thereof, meat food products, or
poultry products, for human consumption except in compliance with the
requirements of this act.

§ 8-676.15. For the purpose of enforcing the provisions of this act,
persons engaged in this State in the business of processing for intrastate
commerce or transporting, shipping or receiving in such commerce live-
stock or poultry slaughtered for human consumption, or meat, meat food
products or poultry products, or holding such articles so received, shall
maintain such records as the Commissioner may require, showing, to the
extent that they are concerned therewith, the receipt, delivery, sale, move-
ment, or disposition of such articles and shall, upon the request of a duly
authorized representative of the Commissioner, permit him at reasonable
times to have access to and to copy all such records. Any record required to
be maintained by this section shall be maintained for a period of two years
after the transaction, which is the subject to such record, has taken place.

§ 3-676.16. (a) The Commissioner shall, under such conditions as to
labeling, and sanitary standards, practices, and procedures as he may
prescribe, exempt from specific provisions of this act:

(1) Livestock producers and poultry producers with respect to live-
stock and poultry carcasses and parts thereof, meat food products, and
poultry products, processed by them from livestock or poultry of their own
raising on their own farms, which they sell directly to household con-
sumers: Provided, that such livestock producers do not engage in the busi-
ness of buying or selling livestock carcasses or parts thereof, or meat
food products, other than those produced from livestock raised on their
own farms and such poultry producers do not engage in the business of
buying or selling poultry carcasses or parts thereof, or poultry products
other than those produced from poultry raised on their own farms.

_ (2) Retail dealers with respect to meat and meat food products sold
directly to household consumers in individual retail stores; and retail
dealers with respect to poultry products sold directly to household con-
sumers in individual retail stores, if the only processing operation per-
formed by such retail dealers with respect to poultry is the cutting up of
poultry, products on the premises where such sales to household consumers
are made.

_ ( 3) Any person engaged in slaughtering livestock or poultry or proc-
essing livestock or poultry carcasses or parts thereof, meat food products,
or poultry products for intrastate commerce, and the articles so processed
by such person, whenever the Commissioner determines that it would be
impracticable to provide inspection and the exemption will aid in the effec-
tive administration of this act.

(4) Persons slaughtering livestock or poultry or otherwise processing
or handling livestock or poultry carcasses or parts thereof, meat food prod-
ucts, or poultry products, which have been or are to be processed as re-
quired by recognized religious dietary laws, to the extent that the Commis-
sioner determines is necessary to avoid conflict with such requirements
while still effectuating the purposes of this act.

(5) Persons slaughtering or processing livestock or poultry for con-
sumption by the owner thereof, not for sale.

(b) The Commissioner may by order suspend or terminate any ex-
emption under this section with respect to any person whenever he finds
that such action will aid in effectuating the purposes of this act.

§ 3-676.17. (a) Any person who violates any of the provisions of
§ 3-676.13, 3-676.14, or 3-676.15, shall be guilty of a misdemeanor and
shall on conviction thereof be subject to imprisonment for not more than
six months, or a fine of not more than three thousand dollars, or both such
imprisonment and fine; but if such violation is committed after one convic-
tion of such person under this section has become final, such person shall
be subject to imprisonment for not more than one year, or a fine of not
more than five thousand dollars, or both such imprisonment and fine; but if
such violation is committed after two or more convictions of such person
under this section have become final, such person shall be guilty of a felony
and shall be subject to confinement in the State penitentiary for not more
than two years, or a fine of not more than ten thousand dollars, or both
such imprisonment and fine.

(b) When construing or enforcing the provisions of this act, the act,
omission, or failure of any person acting for or employed by an individual,
partnership, corporation, association, or other business entity, within the
scope of his employment or office, shall in every case be deemed the act,
omission, or failure of such individual, partnership, corporation, associa-
tion, or other business entity, as well as of such person.

(c) No carrier or warehouseman shall be subject to the penalties of
this act, other than the penalties for violation of § 3-676.15, by reason of
his receipt, carriage, holding, or delivery, in the usual course of business,
as a carrier or warehouseman, of livestock or poultry carcasses, parts
thereof, meat food products, or poultry products, owned by another per-
son, unless the carrier or warehouseman has knowledge, or is in possession
of facts which would cause a reasonable person to believe, that such ar-
ticles were not inspected or marked in accordance with the provisions of

act or were not otherwise in compliance with this act.

_ § 8-676.18. Before any violation of this act is reported by the Com-
missioner for institution of a criminal proceeding, the person against
whom such proceeding is contemplated shall be given reasonable notice of
the alleged violation and opportunity to present his views orally or in
writing with regard to such contemplated proceeding. Nothing in this act
shall] be construed as requiring the Commissioner to report for criminal
prosecution violations of this act whenever he believes that the public in-
terest will be adequately served and compliance with the act obtained by a
suitable written notice or warning.

§ 3-676.19. The Commissioner may withdraw or otherwise deny in-
spection under this act with respect to any establishment, for such period
as he deems necessary to effectuate the purposes of this act, for any viola-
tion of the act or any requirements thereunder by the operator of such
establishment.

§ 3-676.20. The Board is authorized to promulgate such rules and
regulations and appoint such veterinarians and other qualified personnel
a8 are necessary to carry out the purposes or provisions of this act. Such
rules and regulations shall be in substantial conformity with the rules and
regulations under the Federal Meat Inspection Act and the Federal]
Poultry Products Inspection Act as now in effect and with subsequent
amendments thereof unless they are considered by the Board as not to be
in accord with the objectives of this act.

§ 8-676.21. (a) This act shall not apply to any act or transaction
subject to regulation under the Federal Meat Inspection Act or the Fed-
eral Poultry Products Inspection Act.

(b) The Commissioner may cooperate with the federal government in
carrying out the provisions of this act or the Federal Meat Inspection Act
or the Federal Poultry Products Inspection Act.

§ 3-676.22. The cost of inspection rendered under this act shall be
borne by this State except that the cost of overtime and holiday work
performed in establishments subject to the provisions of this act at such
rates as the Commissioner may determine shall be borne by such establish-
ments. Sums received by the Commissioner in reimbursement of sums
paid out by him for such premium pay work shall be available without

1 year limitations to carry out the purposes of this section. Such
sums as may be received by the Commissioner shall be held and paid out of
a special account established for such purpose, and such account shall be
audited as provided by law.

2. If any provision of this act or the application thereof to any person or
circumstances is held invalid, the validity of the remainder of the act and
of the application of such provisions to other persons and circumstances
shall not be affected thereby.

8. §§ 3-672 through 3-676, and §§ 3-676.1 through 3-676.6, as severally
amended, of the Code of Virginia, are repealed.

4. This act shall be in force on and after July 1, 1968.