Authority: Title 3.1, Chapters 20, 21, 23, 27, 30, and 32, Code of Virginia.
A. Each establishment under the authority of the Regulation of Meat and Poultry Products Wholesomeness that is requesting overtime or holiday inspection shall pay that part of the actual cost of the inspection services.
B. Omitted.
C.1. The Commissioner of Agriculture and Consumer Services is authorized to develop, in consultation with the regulated entities, an annual inspection fee, not to exceed $40, to be collected from all establishments that are subject to inspection pursuant to Chapter 20 of Title 3.1 of the Code of Virginia. However, any such establishment that is subject to any permit fee, application fee, inspection fee, risk assessment fee, or similar fee imposed by any locality shall be subject to this annual inspection fee only to the extent that the annual inspection fee and the locally-imposed fee, when combined, do not exceed $40. This fee structure shall be subject to the approval of the Secretary of Commerce and Trade. Any food bank, second harvest certified food bank, food bank member charity, or other food related activity which is exempt from taxation under 26 U.S.C. § 501 (c) (3), which maintains a food handling or storage facility, or any food-related program operated by any Community Services Board, as defined in Title 37.1, Chapter 10, Code of Virginia, shall be exempt from this inspection fee.
2. The department shall provide to the Secretary of Commerce and Trade and to the Chairmen of the Senate Committees on Finance, Agriculture, Conservation and Natural Resources; and Education and Health and to the Chairmen of the House Committees on Appropriations; Agriculture, Chesapeake and Natural Resources; and Health, Welfare and Institutions recommendations, including proposed legislation, to preclude duplication of inspection services between the department and local departments of health in retail food stores. A local health department’s inspection of a food service facility located within a retail store inspected by the Department of Agriculture and Consumer Services is not considered duplication. The report shall be submitted by January 8, 2003.
D. Financial assistance for the Meat and Poultry Inspection Program shall not be unallotted nor be reduced to a service level below the appropriation included in Chapter 1073 of the 2000 Acts of the Assembly.