Regulatory Alert

TITLE 2. AGRICULTURE

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

2VAC5-490. Regulations Governing Grade "A" Milk (amending 2VAC5-490-10, 2VAC5-490-15, 2VAC5-490-32, 2VAC5-490-35, 2VAC5-490-36, 2VAC5-490-37, 2VAC5-490-40, 2VAC5-490-50, 2VAC5-490-73, 2VAC5-490-105, 2VAC5-490-131, 2VAC5-490-138, 2VAC5-490-140; adding 2VAC5-490-30.1).

Written public comments may be submitted until September 20, 2010.

Summary:

The proposed amendments adopt the provisions of the 2009 revision of the Pasteurized Milk Ordinance (PMO). The PMO is a federal model regulation for states to adopt to govern the production, processing, distribution, and sale of grade A milk and milk products. The requirements in the PMO are established under a cooperative state and federal program operated in cooperation with the National Conference on Interstate Milk Shipment (NCIMS). NCIMS is composed of dairy industry representatives, state milk regulatory personnel, representatives from the federal Food and Drug Administration, and members of academia. The NCIMS holds a conference every two years for the purpose of considering changes to the requirements of the PMO. The PMO establishes minimum standards for individual dairy farms, dairy plant processors, and state regulatory programs to comply with interstate milk shipment (IMS) ratings. Milk from grade A farm suppliers and dairy processors must achieve acceptable IMS rating scores to be shipped in interstate commerce. IMS ratings provide the mechanism for the orderly marketing of milk and milk products in the United States. Compliance with IMS rating requirements is essential to maintain the ability of Virginia dairy farms and plants to market their products outside of Virginia.

The most important change concerns the definition of "grade A milk product" because this definition determines which milk products will fall under the grade A regulation. For the first time, the definition establishes a clear line between those milk products that will be regulated as grade A and those that will not. The new definition establishes that grade A milk products must be composed of at least 65 percent by weight milk and milk products and contain at least two percent milk protein. This definition will cause some cultured milk products currently produced in nongrade A plants in Virginia and other states to fall under the grade A regulations once adopted. The proposed amendments include an exemption for Virginia processors currently making these cultured milk products to continue to do so after the regulation goes into effect. The exemption will allow these Virginia processors to market their cultured milk products in Virginia, but the cultured milk products will still be considered in violation if found in interstate channels.

Numerous changes to definitions are proposed, including (i) amending the definition of "dairy farm" to clarify that only milk or milk products offered for sale for human consumption are included; (ii) deleting the definition for "evaporated milk"; (iii) changing references to the 2005 PMO to the 2009 PMO under definitions for "grade A condensed and dry whey," "grade A condensed milk," "grade A dry milk product," and "grade A dry milk and whey product"; (iv) adding a definition for "lowfat dry milk"; (v) amending the definition of "milk product" to reference 2VAC5-490-15; and (vi) amending the definition of "pasteurization" to be consistent with the definition of "pasteurization" in the PMO.

The following changes and new requirements also are included:

2VAC5-490-15 defines which milk and milk products are included under the grade A regulation.

2VAC5-490-30.1 establishes an exemption allowing restaurants to make and serve yogurt in their facility.

2VAC5-490-32 was amended to clarify the regulatory authority's ability to impound milk and milk products found in violation of the regulation.

2VAC5-490-35 was amended to reference the 2007 version of the "Evaluation of Milk Laboratories."

2VAC5-490-36 was amended to reference the most recent revision of M-I-96-10 (Revision #7) dated January 4, 2010.

2VAC5-490-37 was amended to reference the 2007 version of the "Evaluation of Milk Laboratories" and to delete language referencing the initial compliance date for industry labs under the regulation.

2VAC5-490-40 was amended to include labeling requirements for dry milk products.
2VAC5-490-50 was amended to:

1. Allow the process of filtration or bactofugation to be used on grade A milk and milk products;
2. Raise the somatic cell standard for goat's milk to 1,500,000 cells per milliliter from 1,000,000 cells per milliliter;
3. Include quality standards for nonfat dry milk;
4. Reference the 2009 version of the PMO;
5. Include temperature storage requirements for whey and whey products being held for condensing or drying;
6. Include an exemption for immediate cooling of milk and milk products to 45°F when they are intended to be dried or condensed immediately after processing or for certain cultured dairy products based on specific pH values for each product;
7. Include extended cooling times for cultured sour cream and acidified sour cream with a pH of 4.70 or 4.60 respectively;
8. Include specific cooling times for yogurt products and cultured butter milk;
9. Require indicating thermometers in each room where milk products are stored;
10. Provide the regulatory authority access to certain plant records pertaining to cleaning and product storage temperatures;
11. Eliminate the allowance for cottage cheese to be packaged outside the plant where it was pasteurized and processed;
12. Include packing, storage, and transport requirements for dry milk products; and
13. Clarify the minimum facilities requirements for each milk processing plant.

2VAC5-490-73 was amended to clarify the intent to regulate only those milk products offered for sale for human consumption.
2VAC5-490-105 was amended to allow the regulatory authority the discretion to extend agreements beyond two years for purposes of studying new or test equipment and facilities installed on Virginia dairy farms.

2VAC5-490-131 and 2VAC5-490-140 were amended to reference the 2009 version of the PMO.

For more information, please contact John A. Beers, Program Supervisor, Department of Agriculture and Consumer Services, Richmond, VA, telephone (804) 786-1452, FAX (804) 371-7792, TTY (800) 828-1120, or email john.beers@vdacs.virginia.gov.

TITLE 8. EDUCATION

STATE BOARD OF EDUCATION

8VAC20-370. Rules Governing Fees and Charges (repealing 8VAC20-370-10).
8VAC20-720. Regulations Governing Local School Boards and School Divisions (adding 8VAC20-720-10 through 8VAC20-720-170).

Written comments may be submitted until July 26, 2010.

Summary:

The Rules Governing Fees and Charges, 8VAC20-370-10, were adopted on or before September 1, 1980, and have not been amended since that time. The Board of Education proposes to repeal these current regulations governing fees charged by local school divisions and create new provisions that would be added as a section to the proposed Regulations Governing Local School Boards and School Divisions, 8VAC20-720.

In addition to a different location within the Virginia Administrative Code, the proposed regulations governing fees charged by local school divisions would have the following changes: (i) local school boards that charge fees would be required to have a policy and a fee schedule that would be provided to parents annually and posted on the school division's website; (ii) the policy would include a provision to waive or reduce fees for economically disadvantaged students and students whose families are undergoing economic hardships; (iii) the policy and fee schedule would be required to be consistent across the school division; and (iv) no fee could be charged that had not been approved by the local school division. Additionally, fees may not be charged (i) as a condition of school enrollment unless the student is not of school age or does not live within the jurisdiction; (ii) for textbooks or textbook deposits; however, local school divisions may assess a reasonable fee for lost or damaged textbooks; and (iii) for pupil transportation to and from school but may be charged for the student's pro rata cost of providing for voluntary extracurricular activities. However, fees may be charged for (i) summer school unless the summer school program is a remediation program required by the Standards of Quality; (ii) class dues; however, class dues shall not be mandatory and the school board must specify the kinds of programs and activities covered by class dues; (iii) consumable materials, such as workbooks, but the local school board must have a policy to ensure that these are furnished at a reduced price or free of charge to students who are unable to afford them; (iv) nonmandatory services such as parking and lockers; (v) the behind-the-wheel portion of the driver's education program; and (vi) the preparation and distribution of official paper copies of the student's transcript, provided that the school board first provides a reasonable number of copies for free and official electronic copies of transcripts at no cost. Also, a student may not be suspended or expelled for nonpayment of fees and charges.

For more information, please contact Dr. Margaret N. Roberts, Office of Policy and Communications, Department of Education, Richmond, VA, telephone (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.

8VAC20-170. Regulations Governing Instructional Materials -- Selection and Utilization by Local School Boards (repealing 8VAC20-170-10).
8VAC20-220. Regulations Governing Textbook Adoption State Level (repealing 8VAC20-220-10 through 8VAC20-220-70).
8VAC20-230. Regulations Governing Textbook Adoption Local Level (repealing 8VAC20-230-10 through 8VAC20-230-40).
8VAC20-270. Regulations Governing Textbook Fund Management and Handling on Local Level (repealing 8VAC20-270-10 through 8VAC20-270-130).
8VAC20-720. Regulations Governing Local School Boards and School Divisions (adding 8VAC20-720-10 through 8VAC20-720-170).

Written public comments may be submitted until July 26, 2010.

Summary:

The Board of Education currently has three sets of regulations governing textbooks and one set of regulations governing instructional materials. The regulations governing textbooks are: Regulations Governing Textbook Adoption State Level (8VAC20-220), Regulations Governing Textbook Adoption Local Level (8VAC20-230), and Regulations Governing Textbook Fund Management and Handling on Local Level (8VAC20-270). The regulations governing instructional materials are: Regulations Governing Instructional Materials – Selection and Utilization by Local School Boards (8VAC20-170). All of these regulations were adopted on or before September 1, 1980, and have not been amended since that time. The board proposes to repeal all four of these regulations and add provisions concerning textbooks and instructional materials to the proposed Regulations Governing Local School Boards and School Divisions (8VAC20-720). The proposed provisions relate to the approval of textbooks, basal textbooks, contracts with textbook publishers, and the selection of instructional materials by local school divisions.

For more information, please contact Dr. Margaret N. Roberts, Office of Policy and Communications, Department of Education, Richmond, VA, telephone (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.

TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

9VAC15-40. Small Renewable Energy Projects (Wind) Permit by Rule (adding 9VAC15-40-10 through 9VAC15-40-140).

A public hearing will be held on August 3, 2010, at 2 p.m. at the Department of Environmental Quality, Glen Allen, Virginia. Written public comments may be submitted until August 20, 2010.

Summary:

The proposal implements 2009 state legislation requiring the Department of Environmental Quality (DEQ) to develop one or more permits by rule for wind-energy projects with rated capacity not exceeding 100 megawatts. By means of this legislation, the General Assembly moved permitting authority for these projects from the State Corporation Commission to DEQ. By requiring a "permit by rule," the legislature is mandating that permit requirements be set forth "up front" within this regulation, rather than being developed on a case-by-case basis. The legislation mandates that the permit by rule include conditions and standards necessary to protect the Commonwealth's natural resources. The proposal establishes requirements for potential environmental impacts analyses, mitigation plans, facility site planning, public participation, permit fees, interagency consultations, compliance, and enforcement. The legislation requires DEQ to determine if multiple permits by rule are necessary to address all the renewable energy media. DEQ determined that multiple permits by rule are necessary. This proposal constitutes DEQ's permit by rule for wind energy projects.

For more information, please contact Carol C. Wampler, Department of Environmental Quality, Richmond, VA, telephone (804) 698-4579, FAX (804) 698-4346, or email carol.wampler.renewable.energy@gmail.com.