# 2 Va. Admin. Code § 5-490-25: 2VAC5-490-25. Impounding of adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product > Virginia · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_25 ## Section - **Citation:** 2 Va. Admin. Code § 5-490-25 - **Heading:** 2VAC5-490-25. Impounding of adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product - **Jurisdiction:** Virginia - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Virginia Administrative Code / Title 2 Agriculture / Agency 5 Department of Agriculture And Consumer Services / Chapter 490 / 2VAC5-490-25 ## Text The state regulatory agency shall comply with the following administrative procedures when impounding any adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product to prevent movement of these products until such violations of critical processing elements have been corrected: 1. The state regulatory agency shall serve the person with a written impoundment notice. The written impoundment notice shall specify the violations and inform the person of the opportunity to appear before the state regulatory agency in person, by counsel, or by other qualified representative at a fact-finding conference for the informal presentation of factual data, arguments, and proof to contest the written notice of violation. 2. The written impoundment notice shall include: a. The name of the adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product; b. The size and number of separate units in the lot being impounded; c. The product code and sell by date for the lot of product, if each exists; and d. A statement directing the person to: (1) Immediately remove from sale the entire lot of adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product; (2) Isolate and identify as not for sale the entire lot of adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product in the person's storage area in a location separate from any storage accessible from a retail sales area; and (3) Comply with one of the following options: (a) If the condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product is adulterated (i) the entire lot shall be destroyed or (ii) the entire lot shall be held and returned to the manufacturer, distributor, or producer; or rson's storage area in a location separate from any storage accessible from a retail sales area; and (3) Comply with one of the following options: (a) If the condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product is adulterated (i) the entire lot shall be destroyed or (ii) the entire lot shall be held and returned to the manufacturer, distributor, or producer; or (b) If the condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product is misbranded (i) the entire lot shall be destroyed; (ii) the entire lot shall be held and returned to the manufacturer, distributor, or producer; or (iii) the entire lot shall be held and new labels affixed to each container in the lot that comply with all provisions for labeling of condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product contained in this chapter prior to being offered for sale. ## Nearby sections - [2 Va. Admin. Code § 5-490-5 2VAC5-490-5. Grade "A" Pasteurized Milk Ordinance](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_5.md) - [2 Va. Admin. Code § 5-490-10 2VAC5-490-10. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_10.md) - [2 Va. Admin. Code § 5-490-25 2VAC5-490-25. Impounding of adulterated or misbranded condensed milk, condensed milk product, dry milk, dry milk product, milk, or milk product](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_25.md) - [2 Va. Admin. Code § 5-490-30 2VAC5-490-30. Permits](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_30.md) - [2 Va. Admin. Code § 5-490-30.1 2VAC5-490-30.1. Permit exemption for restaurants making yogurt](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_30_1.md) - [2 Va. Admin. Code § 5-490-31 2VAC5-490-31. Authority to cancel, suspend, revoke, or deny a permit](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_31.md) - [2 Va. Admin. Code § 5-490-32 2VAC5-490-32. Authority to impound milk and milk products](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_32.md) - [2 Va. Admin. Code § 5-490-35 2VAC5-490-35. The examination of milk and milk products](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_35.md) - [2 Va. Admin. Code § 5-490-36 2VAC5-490-36. Drug residue monitoring, farm surveillance and follow up](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_36.md) - [2 Va. Admin. Code § 5-490-37 2VAC5-490-37. Laboratory certification](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_37.md) - [2 Va. Admin. Code § 5-490-38 2VAC5-490-38. Disposal of adulterated milk](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_38.md) - [2 Va. Admin. Code § 5-490-39.1 2VAC5-490-39.1. Receiving raw or untreated sewage on a dairy farm prohibited](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_39_1.md) - [2 Va. Admin. Code § 5-490-39.2 2VAC5-490-39.2. Milk that may be held in a milk storage tank](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_39_2.md) - [2 Va. Admin. Code § 5-490-39.3 2VAC5-490-39.3. Commingling of milk from different species prohibited](https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_39_3.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_VA_ADC_2_5_490_25. Check the current official text before relying on it. Not legal advice.