Page 102

_ 102 Item Details($) Appropriations($) ITEM 91. First Year Second Year First Year Second Year FY2025 FY2026 FY2025 FY2026 Regulation of Weights and Measures and Motor Fuels (55212) $3,851,424 $4,633,135 $3,851,424 Fund Sources: General $3,743,293 $4,525,004 $3,743,293 Special $233,105 $233,105 Authority: Title 3.2, Chapters 43, 47, 55.1, 56, 57, and 58; and Title 59.1, Chapter 12, Code of Virginia. A. In lieu of periodic inspections by the Commissioner, Department of Agriculture and Consumer Services, any person whose weights and measures devices, as defined in § 3.2- 5600, et seq., Code of Virginia, which are used for a commercial purpose may select to provide for the inspection and testing of all such weights and measures to determine the accuracy and correct operation of the equipment or device. The owner shall have all such weights and measures devices tested at least annually by a service agency that is registered pursuant to § 3.2-5703, Code of Virginia. Weights and measures that have been rejected by a service agency shall not be used again commercially until they have been officially reexamined by the rejecting authority or an inspector employed by the Commissioner, and found to be in compliance with Title 3.2, Chapter 56, Code of Virginia. The owner of such weights and measures devices, or third-party agencies on behalf of the owner, shall report to the Commissioner on an annual basis in a manner prescribed by the Commissioner the results of all testing, including (i) the number of inspections completed, (ii) the number of failures in the weights and measures equipment or devices, and (iii) the actions taken to correct any inaccuracies in the equipment or devices. 92. Food Safety and Security (55400) $16,724,887 $16,724,887 Regulation of Food Establishments and Processors (55401) $9,366,281 $9,366,281 Regulation of Meat Products (55402) $5,826,821 $5,826,821 Regulation of Milk and Dairy Industry (55403) $1,531,785 $1,531,785 Fund Sources: General $10,863,882 $10,863,882 Special $803,823 $803,823 Federal Trust $5,057,182 $5,057,182 Authority: Title 3.2, Chapters 51, 51.1, 52, 53, 54, 55, and 60, Code of Virginia. A. Each establishment under the authority of the Regulation of Meat Products that is requesting overtime or holiday inspection shall pay that part of the actual cost of the inspection services. B. The Commissioner, Department of Agriculture and Consumer Services, is authorized to collect an annual inspection fee, not to exceed $40, from all establishments that are subject to inspection pursuant to Title 3.2, Chapter 51, 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 Agriculture and Forestry. 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 37.2, Chapter 5, Code of Virginia, shall be exempt from this inspection fee. Also, a producer of fruits and herbs that are dried, without the addition of any other ingredients, and sold only at a local farmers' market shall be exempt from the fee. C. Out of the amounts in this item, $700,000 the first year and $700,000 the second year from the general fund and seven positions are provided for investigation and enforcement activities related to hemp product violations at food product establishments regulated by the department. D. Out of the amounts in this item, $416,130 the first year and $416,130 the second year from the general fund, $416,130 the first year and $416,130 the second year in federal funds, and