8/28/2018 2:18 pm
Date / Time filed with the Register of Regulations 		VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: Department of Agriculture and Consumer Services
Regulatory Coordinator: Erin Williams

(804)786-7157

erin.williams@vdacs.virginia.gov
Agency Contact: Ryan Davis

Program Manager, Office of Dairy and Foods

(804)786-8899

ryan.davis@vdacs.virginia.gov
Contact Address: Department of Agriculture and Consumer Services

P.O. Box 1163

Richmond, VA 23218
Chapter Affected:
2 vac 5 - 490: Regulations Governing Grade "A" Milk
Statutory Authority: State: Section 3.2-5206 of the Code of Virginia

Federal:
Date Petition Received 05/22/2018
Petitioner Virginia State Dairymen's Association
 Petitioner's Request
The petitioner is requesting that the Board of Agriculture and Consumer Services amend Section 50 of 2 VAC 5-490 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 Plan
The Board of Agriculture and Consumer Services will consider this request at its next scheduled meeting following the public comment period. This meeting will occur on July 24, 2018.
Publication Date 06/11/2018  (comment period will also begin on this date)
Comment End Date 07/01/2018
 Agency Decision
Initiate a regulatory change
Agency Response Date 08/28/2018
 Agency Decision Text
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.