SB 414 — Micro Market Act; registration required for operation of micro markets, effective clause.

SESSION history | hilite | pdf | print version 18104431D18105899D SENATE BILL NO.

414 OfferedAMENDMENT JanuaryIN 10,THE 2018NATURE PrefiledOF A SUBSTITUTE (Proposed by the Senate Committee on Finance on January 9,30, 20182018) (Patron Prior to Substitute--McDougle) A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 51.2, consisting of sections numbered 3.2-5157 through 3.2-5160, relating to the Micro Market Act;

---------- Patrons-- McDougle, Ebbin and McClellan ---------- Referred to Committee on Agriculture, Conservation and Natural Resources ---------- Be it enacted by the General Assembly of Virginia:

(i) an open rack, (ii) a refrigerator or a refrigerated cooler, (iii) a freezer, (iv) a beverage dispenser,  oror (v) a single-serve coffee brewer.

PermitRegistration required for operation of a micro market;market.

penalty.It is unlawful for any person to operate an unattended, self-checkout retail establishment that does not meet the requirements of a micro market or without having first registered with the Department.

A.A registrant pursuant to this chapter shall be fully responsible for the operation of its micro market.

It is unlawful for any person to operate an unattended, self-checkout retail establishment that does not meet the requirements of a micro market or without having first obtained a micro market permit issued by the Department.

The holder of a permit issued pursuant to this chapter shall be fully responsible for the operation of the permitted micro market.

B.

The Department shall provide for food safety regulations and the related conditions upon which such permits shall be issued.

C.

Any person who operates an unattended self-checkout retail establishment without the required micro market permit or violates a condition of a micro market permit is guilty of a Class 1 misdemeanor.

Agreement required when owner or operator is not the permitregistrant. holder;

approvalIn bythe event that the Department.micro market registrant is not the owner or operator of the building in which the micro market is located, such registrant may enter into an agreement with such owner or operator that provides for the allocation of responsibilities to ensure compliance with this chapter.

In the event that the micro market permit holder is not the owner or operator of the building in which the micro market is located, such permit holder may enter into an agreement with such owner or operator that provides for the allocation of responsibilities to ensure compliance with this chapter, provided, however, that any such agreement shall be first approved by the Department.

Notwithstanding any other provisions of law, the owner or operator of a micro market shall not be required to have a person present or overseeing the micro market, as otherwise required by state lawlaw, or regulation of the Department, provided that the following requirements are satisfied:

In addition, the video surveillance recordings shall be maintained and made available for inspection upon request by the Department for at least 14 days after the date of the surveillance and provided by the owner or operator of the micro market to the Department within 24 hours of a request.

Refrigerated or frozen food sold in the micro market is stored in a refrigerated cooler or freezer that (i) maintains an internal temperature of 41 degrees Fahrenheit or as otherwise necessary for food safety,safety; as established by the Department;

2.

That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2018 by the General Assembly that becomes law.