1. A. Except as specified in subsection B of this section, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked or marinated-partially cooked fish shall be:

   1. 1. Frozen and stored at a temperature of -4°F (-20°C) or below for a minimum of 168 hours (seven days) in a freezer;^P
   2. 2. Frozen at -31°F (-35°C) or below until solid and stored at -31°F (-35°C) or below for a minimum of 15 hours;^P or
   3. 3. Frozen at -31°F (-35°C) or below until solid and stored at -4°F (-20°C) or below for a minimum of 24 hours.^P

2. B. Subsection A of this section does not apply to:

   1. 1. Molluscan shellfish;
   2. 2. A scallop product consisting only of the shucked adductor muscle;
   3. 3. Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern);

   4. 4. Aquacultured fish, such as salmon, that:

      1. a. If raised in open water, are raised in net-pens; or
      2. b. Are raised in land-based operations such as ponds or tanks; and
      3. c. Are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish, or
   5. 5. Fish eggs that have been removed from the skein and rinsed.

Statutory Authority

§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 18, eff. June 10, 2021.