reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 1 - Applicability of Chapter › Section 2VAC5-585-3540 - Variances, modifications and waivers

Current through Register Vol. 40, No. 24, July 15, 2024
The department may grant a variance by modifying or
						waiving the requirements of this chapter if, in the opinion of the department,
						a health hazard or nuisance will not result from the variance. If a variance is
						granted, the department shall retain the information specified under
						2VAC5-585-3541
						in its records for the food establishment.
Statutory Authority: §
													3.2-5121
						  of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 1 - Applicability of Chapter › Section 2VAC5-585-3541 - Documentation of proposed variance and justification

Current through Register Vol. 40, No. 24, July 15, 2024
Before a variance from a requirement of this chapter is
						approved, the information that shall be provided by the person requesting the
						variance and retained by the food establishment and in the department's file on
						the food establishment includes:
1. A
					 statement of the proposed variance of the chapter requirement citing relevant
					 chapter section numbers;Pf
2. An analysis of the rationale for how the
					 potential public health hazards and nuisances addressed by the relevant chapter
					 sections will be alternatively addressed by the
					 proposal;Pf and
3. A HACCP plan if required as specified
					 under
					 2VAC5-585-3620
					 A that includes the information specified under
					 2VAC5-585-3630
					 as it is relevant to the variance
					 requested.Pf
Statutory Authority: §
													3.2-5121
						  of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 1 - Applicability of Chapter › Section 2VAC5-585-3542 - Conformance with approved procedures

Current through Register Vol. 40, No. 24, July 15, 2024
If the department grants a variance as specified in
						2VAC5-585-3540,
						or a HACCP plan is otherwise required as specified under
						2VAC5-585-3620,
						the operator shall:
1. Maintain the
					 approved variance at the food
					 establishment;Pf
2. Comply with the HACCP plans and procedures
					 that are submitted as specified under
					 2VAC5-585-3630
					 and approved as a basis for the modification or
					 waiver;P and
3. Maintain and provide to the department,
					 upon request, records specified under subdivisions 5 and 6 c of
					 2VAC5-585-3630
					 that demonstrate that the following are routinely employed:
a. Procedures for monitoring critical control
					 points;Pf
b. Monitoring of the critical control
					 points;Pf
c. Verification of the effectiveness of the
					 operation or process;Pf and
d. Necessary corrective actions if there is
					 failure at a critical control point.Pf
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 2 - Plan Submission and Approval › Section 2VAC5-585-3600 - Facility and operating plans - when plans are required

Current through Register Vol. 40, No. 24, July 15, 2024
An operator shall submit to the department properly
						prepared plans and specifications for review and approval before:
1. The construction of a food
					 establishment;Pf
2. The conversion of an existing structure
					 for use as a food establishment;Pf or
3. The remodeling of a food establishment or
					 a change of type of food establishment or food operation if the department
					 determines that plans and specifications are necessary to ensure compliance
					 with this chapter.Pf
Statutory Authority: § 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 2 - Plan Submission and Approval › Section 2VAC5-585-3610 - Contents of the plans and specifications

Current through Register Vol. 40, No. 24, July 15, 2024
The plans and specifications for a food establishment,
						including a food establishment specified under
						2VAC5-585-3620, shall include, as
						required by the department based on the type of operation, type of food
						preparation, and foods prepared, the following information to demonstrate
						conformance with the provisions of this chapter:
1. Intended menu;
2. Anticipated volume of food to be stored,
					 prepared, and sold or served;
3.
					 Proposed layout, mechanical schematics, construction materials, and finish
					 schedules;
4. Proposed equipment
					 types, manufacturers, model numbers, locations, dimensions, performance
					 capacities, and installation specifications;
5. Evidence that standard procedures ensuring
					 compliance with the requirements of this chapter are developed or are being
					 developed; and
6. Other information
					 that may be required by the department for the proper review of the proposed
					 construction, conversion or modification, and procedures for operating a food
					 establishment.
Statutory Authority
§ 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 2 - Plan Submission and Approval › Section 2VAC5-585-3620 - When a HACCP plan is required

Current through Register Vol. 40, No. 24, July 15, 2024
A. Before engaging in an activity that
					 requires a HACCP plan, an operator shall submit to the department for approval
					 a properly prepared HACCP plan as specified under
					 2VAC5-585-3630 and the relevant
					 provisions of this chapter if:
1. Submission
					 of a HACCP plan is required according to law;
2. A variance is required as specified under
					 2VAC5-585-700 D 4,
					 2VAC5-585-860, or
					 2VAC5-585-1300 B; or
3. The department determines that a food
					 preparation or processing method requires a variance based on a plan submittal
					 specified under
					 2VAC5-585-3610, an inspectional
					 finding, or a variance request.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 2 - Plan Submission and Approval › Section 2VAC5-585-3630 - Contents of a HACCP plan

Current through Register Vol. 40, No. 24, July 15, 2024
For a food establishment that is required under
						2VAC5-585-3620
						to have a HACCP plan, the operator shall submit to the department a properly
						prepared HACCP plan that includes:
1.
					 General information such as the name of the operator, the food establishment
					 address, and contact information;
2. A categorization of the types of
					 time/temperature control for safety foods that are to be controlled under the
					 HACCP plan;Pf
3. A flow diagram or chart for each specific
					 food or category type that identifies:
a. Each
					 step in the process;Pf and
b.
The steps that are critical control
						points;Pf
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 2 - Plan Submission and Approval › Section 2VAC5-585-3640 - Confidentiality - trade secrets

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall treat as confidential in accordance
						with law, information that meets the criteria specified in law for a trade
						secret and is contained on inspection report forms and in the plans and
						specifications submitted as specified under
						2VAC5-585-3610 and
						2VAC5-585-3630.
Statutory Authority
§ 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 2 - Plan Submission and Approval › Section 2VAC5-585-3650 - Preoperational inspections

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall conduct one or more preoperational
						inspections to verify that the food establishment is constructed and equipped
						in accordance with the approved plans and approved modifications of those
						plans, has established standard operating procedures as specified under
						subdivision 5 of
						2VAC5-585-3610 and is in compliance
						with law and this chapter.
Statutory Authority
§ 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Conditions to Operate › Section 2VAC5-585-3655

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
													3.2-5121
						  of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Conditions to Operate › Section 2VAC5-585-3660

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
													3.2-5121
						  of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Conditions to Operate › Section 2VAC5-585-3740 - Responsibilities of the department

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 At the time of the initial inspection, the department shall provide to the
					 operator a copy of this chapter so that the operator is notified of the
					 compliance requirements and the conditions of retention, as specified under
					 2VAC5-585-3750, that are applicable to the food establishment.
B. Failure to provide the information
					 specified in subsection A of this section does not prevent the department from
					 taking authorized action or seeking remedies if the operator fails to comply
					 with this chapter or an order, warning, or directive of the
					 department.
Statutory Authority: §
													3.2-5121
						  of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Conditions to Operate › Section 2VAC5-585-3750 - Responsibilities of the operator

Current through Register Vol. 40, No. 24, July 15, 2024
The operator shall:
1. Comply with the provisions of this chapter
					 including the conditions of a granted variance as specified under
					 2VAC5-585-3542
					 and approved plans as specified under
					 2VAC5-585-3610;
2. If a food establishment is required under
					 2VAC5-585-3620
					 to operate under a HACCP plan, comply with the plan as specified under
					 2VAC5-585-3542;
3. Immediately contact the department to
					 report an illness of a food employee or conditional employee as specified under
					 2VAC5-585-80
					 B;
4. Immediately discontinue
					 operations and notify the department if an imminent health hazard may exist as
					 specified under
					 2VAC5-585-3910;
5. Allow authorized representatives of the
					 commissioner access to the food establishment as specified under
					 2VAC5-585-3820;
6. Replace existing facilities and equipment
					 specified in
					 2VAC5-585-3510
					 with facilities and equipment that comply with this chapter if:
a. The department directs the replacement
					 because the facilities and equipment constitute a public health hazard or
					 nuisance or no longer comply with the criteria upon which the facilities and
					 equipment were accepted;
b. The
					 department directs the replacement of the facilities and equipment because of a
					 change of ownership; or
c. The
					 facilities and equipment are replaced in the normal course of
					 operation;
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3800 - Frequency, establishing inspection interval

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as specified in subsections B and C
					 of this section, the department shall inspect a food establishment at least
					 once every six months.
B. The
					 department may increase the interval between inspections beyond six months if:
1. The food establishment is fully operating
					 under an approved and validated HACCP plan as specified under subdivisions 2
					 and 3 of
					 2VAC5-585-3542
					 and
					 2VAC5-585-3630;
2. The food establishment is assigned a less
					 frequent inspection frequency based on a written risk-based inspection schedule
					 that is being uniformly applied throughout the jurisdiction; or
3. The establishment's operation involves
					 only coffee service and other unpackaged or prepackaged food that is not
					 time/temperature control for safety food such as carbonated beverages and snack
					 food such as chips, nuts, popcorn, and pretzels.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3810 - Performance-based and risk-based inspections

Current through Register Vol. 40, No. 24, July 15, 2024
Within the parameters specified in
						2VAC5-585-3800, the department
						shall prioritize, and conduct more frequent inspections based upon its
						assessment of a food establishment's history of compliance with this chapter
						and the establishment's potential as a vector of foodborne illness by
						evaluating:
1. Past performance for
					 nonconformance with this chapter or HACCP plan requirements that are priority
					 items or priority foundation items;
2. Past performance for numerous or repeat
					 violations of this chapter or HACCP plan requirements that are core
					 items;
3. Past performance for
					 complaints investigated and found to be valid;
4. The hazards associated with the particular
					 foods that are prepared, stored, or served;
5. The type of operation including the
					 methods and extent of food storage, preparation, and service;
6. The number of people served; and
7. Whether the population served is a highly
					 susceptible population.
Statutory Authority: § 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3815 - Competency of inspectors

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
					 authorized representative of the commissioner who inspects a food establishment
					 or conducts plan review for compliance with this chapter shall have the
					 knowledge, skills, and ability to adequately perform the required
					 duties.
B. The department shall
					 ensure that authorized representatives who inspect a food establishment or
					 conduct plan review for compliance with this chapter have access to training
					 and continuing education as needed to properly identify violations and apply
					 the chapter.
Statutory Authority: §
													3.2-5121
						  of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3820 - Access allowed at reasonable times

Current through Register Vol. 40, No. 24, July 15, 2024
After the authorized representative of the commissioner
						presents official credentials and provides notice of the purpose of and an
						intent to conduct an inspection, the person in charge shall allow the
						authorized representative to determine if the food establishment is in
						compliance with this chapter by allowing access to the establishment, allowing
						inspection, and providing information and records specified in this chapter and
						to which the department is entitled according to law, during the food
						establishment's hours of operation and other reasonable
						times.
Statutory Authority: §
													3.2-5121
						  of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3830 - Refusal, notification of right to access, and final request for access

Current through Register Vol. 40, No. 24, July 15, 2024
If a person denies access to the authorized
						representative of the commissioner, the authorized representative shall:
1. Inform the person that:
a. The person is required to allow access to
					 the authorized representative as specified under
					 2VAC5-585-3820;
b. The department will refer the matter to
					 the Commonwealth's Attorney for handling in accordance with applicable sections
					 of the Code of Virginia; and
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3840 - Refusal, reporting

Current through Register Vol. 40, No. 24, July 15, 2024
If after the authorized representative of the
						commissioner presents credentials and provides notice as specified under
						2VAC5-585-3820, explains the
						authority upon which access is requested, and makes a final request for access
						as specified in
						2VAC5-585-3830, the person in
						charge continues to refuse access, the authorized representative shall provide
						details of the denial of access on an inspection report form.
Statutory Authority: § 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3850 - Inspection order to gain access

Current through Register Vol. 40, No. 24, July 15, 2024
If denied access to a food establishment for an
						authorized purpose and after complying with
						2VAC5-585-3830, the department may
						apply for the issuance of an inspection order to gain access as provided in
						law.
Statutory Authority
§ 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3860 - Documenting information and observations

Current through Register Vol. 40, No. 24, July 15, 2024
The authorized representative of the commissioner shall
						document:
1. Administrative
					 information about the food establishment's legal identity, street and mailing
					 addresses, type of establishment and operation, inspection date, and other
					 information such as type of water supply and sewage disposal, and personnel
					 certificates that may be required; and
2. Specific factual observations of violative
					 conditions or other deviations from this chapter that require correction by the
					 establishment operator including:
a. Failure
					 of the person in charge to demonstrate the knowledge of foodborne illness
					 prevention, application of HACCP principles, and the requirements of this
					 chapter specified under
					 2VAC5-585-60;
b. Failure of food employees, conditional
					 employees, and the person in charge to report a disease or medical condition as
					 specified under
					 2VAC5-585-80
					 B and D;
c. Nonconformance with
					 priority items and priority foundation items of this chapter;
d. Failure of the appropriate food employees
					 to demonstrate their knowledge of, and ability to perform in accordance with,
					 the procedural, monitoring, verification, and corrective action practices
					 required by the department as specified under
					 2VAC5-585-3542;
e. Failure of the person in charge to provide
					 records required by the department for determining conformance with a HACCP
					 plan as specified under subdivision 5 g of
					 2VAC5-585-3630;
					 and
f. Nonconformance with critical
					 limits of a HACCP plan.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3870 - Specifying time frame for corrections

Current through Register Vol. 40, No. 24, July 15, 2024
The authorized representative of the commissioner shall
						specify on the inspection report form the time frame for correction of the
						violations as specified under
						2VAC5-585-3910,
						2VAC5-585-3930, and
						2VAC5-585-3950.
Statutory Authority
§ 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3880 - Issuing report and obtaining acknowledgment of receipt

Current through Register Vol. 40, No. 24, July 15, 2024
At the conclusion of the inspection and according to law,
						the authorized representative of the commissioner shall provide a copy of the
						completed inspection report and the notice to correct violations to the person
						in charge, and request a signed acknowledgment of receipt.
Statutory Authority
§ 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3890 - Refusal to sign acknowledgment

Current through Register Vol. 40, No. 24, July 15, 2024
The authorized representative of the commissioner
						shall:
1. Inform a person who declines
					 to sign an acknowledgment of receipt of inspectional findings as specified in
					 2VAC5-585-3880 that:
a. An acknowledgment of receipt is not an
					 agreement with findings;
b. Refusal
					 to sign an acknowledgment of receipt will not affect the operator's obligation
					 to correct the violations noted in the inspection report within the time frames
					 specified; and
c. A refusal to sign
					 an acknowledgment of receipt is noted in the inspection report and conveyed to
					 the department's historical record for the food establishment; and
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3900 - Public information

Current through Register Vol. 40, No. 24, July 15, 2024
Except as specified in
						2VAC5-585-3640, the department
						shall treat the inspection report as a public document and shall make it
						available for disclosure to a person who requests it as provided in
						law.
Statutory Authority
§ 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3910 - Imminent health hazard, ceasing operations and reporting

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as
					 specified in subsections B and C of this section, an operator shall immediately
					 discontinue operations and notify the department if an imminent health hazard
					 may exist because of an emergency such as a fire, flood, extended interruption
					 of electrical or water service, sewage backup, misuse of poisonous or toxic
					 materials, onset of an apparent foodborne illness outbreak, gross insanitary
					 occurrence or condition, or other circumstance that may endanger public
					 health.P
B. An operator need not discontinue
					 operations in an area of an establishment that is unaffected by the imminent
					 health hazard.
C. Considering the
					 nature of the potential hazard involved and the complexity of the corrective
					 action needed, the department may agree to continuing operations in the event
					 of an extended interruption of electrical or water service if:
1. A written emergency operating plan has
					 been approved by the department;
2.
					 Immediate corrective action is taken to eliminate, prevent, or control any food
					 safety risk and imminent health hazard associated with the electrical or water
					 service interruption; and
3. The
					 department is informed upon implementation of the written emergency operating
					 plan.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3920 - Resumption of operations

Current through Register Vol. 40, No. 24, July 15, 2024
If operations are discontinued as specified under
						2VAC5-585-3910 or otherwise
						according to law, the operator shall obtain approval from the department before
						resuming operations.
Statutory Authority
§ 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3930 - Priority or priority foundation item, timely correction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as specified in subsection B of
					 this section, an operator or person in charge shall at the time of inspection
					 correct a violation of a priority item or priority foundation item of this
					 chapter and implement corrective actions for a HACCP plan provision that is not
					 in compliance with its critical limit.Pf
B. Considering the nature of the potential
					 hazard involved and the complexity of the corrective action needed, the
					 department may agree to or specify a longer time frame, not to exceed:
1. 72 hours after the inspection, for the
					 operator to correct violations of a priority item; or
2. 10 calendar days after the inspection, for
					 the operator to correct violations of a priority foundation item or HACCP plan
					 deviations.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3940 - Verification and documentation of correction

Current through Register Vol. 40, No. 24, July 15, 2024
A. After observing at the time of inspection
					 a correction of a violation of a priority item or priority foundation item or a
					 HACCP plan deviation, the authorized representative of the commissioner shall
					 enter the violation and information about the corrective action on the
					 inspection report.
B. As specified
					 under
					 2VAC5-585-3930
					 B, after receiving notification that the operator has corrected a violation of
					 a priority item or priority foundation item or HACCP plan deviation, or at the
					 end of the specified period of time, the authorized representative shall verify
					 correction of the violation or deviation during the next inspection of the
					 establishment and shall document the information on an inspection report, and
					 enter the report in the department's records.
Statutory Authority: §
													3.2-5121
						  of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3950 - Core items, timely correction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as specified in subsection B of
					 this section, the operator or person in charge shall correct core items by a
					 date and time agreed to or specified by the department but no later than 90
					 calendar days after the inspection.
B. The department may approve a compliance
					 schedule that extends beyond the time limits specified under subsection A of
					 this section if a written schedule of compliance is submitted by the operator
					 and no health hazard exists or will result from allowing an extended schedule
					 for compliance.
Statutory Authority: § 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 2VAC5-585-3960 through 2VAC5-585-4030 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 5 - Prevention of Foodborne Disease Transmission by Employees › Section 2VAC5-585-4040 - Investigation and control, obtaining information: personal history of illness, medical examination, and specimen analysis

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall act when it has reasonable cause to
						believe that a food employee or conditional employee has possibly transmitted
						disease; may be infected with a disease in a communicable form that is
						transmissible through food; may be a carrier of infectious agents that cause a
						disease that is transmissible through food; or is affected with a boil, an
						infected wound, or acute respiratory infection, by:
1. Securing a confidential medical history of
					 the food employee or conditional employee suspected of transmitting disease or
					 making other investigations as deemed appropriate; and
2. Requiring appropriate medical
					 examinations, including collection of specimens for laboratory analysis, of a
					 suspected food employee or conditional employee.
Statutory Authority: § 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 5 - Prevention of Foodborne Disease Transmission by Employees › Section 2VAC5-585-4050 - Restriction or exclusion of food employee

Current through Register Vol. 40, No. 24, July 15, 2024
Based on the findings of an investigation related to a
						food employee or conditional employee who is suspected of being infected or
						diseased, the department may issue an order to the suspected food employee,
						conditional employee, or operator instituting one or more of the following
						control measures:
1. Restricting the
					 food employee or conditional employee;
2. Excluding the food employee or conditional
					 employee; or
3. Closing the food
					 establishment in accordance with law.
Statutory Authority: § 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 5 - Prevention of Foodborne Disease Transmission by Employees › Section 2VAC5-585-4060 - Restriction or exclusion request: information required

Current through Register Vol. 40, No. 24, July 15, 2024
Based on the findings of the investigation as specified
						in 2VAC5-585-4040 and to control
						disease transmission, the department may issue an order of restriction or
						exclusion to the suspected food employee or the operator without prior warning,
						notice of hearing, or a hearing if the order:
1. States the reasons for the restriction or
					 exclusion that is ordered;
2.
					 States the evidence that the food employee or operator shall provide in order
					 to demonstrate that the reasons for the restriction or exclusion are
					 eliminated;
3. States that the
					 suspected food employee or the operator may request an appeal hearing by
					 submitting a timely request as provided in law; and
4. Provides the name and address of the
					 authorized representative of the commissioner to whom a request for appeal
					 hearing be made.
Statutory Authority: § 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 5 - Prevention of Foodborne Disease Transmission by Employees › Section 2VAC5-585-4070 - Release of food employee from restriction or exclusion

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall release a food employee or
						conditional employee from restriction or exclusion according to law and the
						conditions specified under
						2VAC5-585-100.
Statutory Authority
§ 3.2-5121 of the Code of
						  Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 5 - Prevention of Foodborne Disease Transmission by Employees › Form - FORMS (2VAC5-585)

Current through Register Vol. 40, No. 24, July 15, 2024
Retail
						Inspection Report, ODF-FSP-10001 (rev. 7/2018)
Statutory Authority: §
													3.2-5121
						  of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part VIII - Compliance and Enforcement › Article 5 - Prevention of Foodborne Disease Transmission by Employees › Section - DOCUMENTS INCORPORATED BY REFERENCE (2VAC5-585)

Current through Register Vol. 40, No. 24, July 15, 2024
Approved
						Drug Products with Therapeutic Equivalence Evaluations, 39th Edition, 2019,
						U.S. Department of Health and Human Services, Food and Drug Administration,
						Center for Drug Evaluation and Research, Office of Pharmaceutical Science,
						Office of Generic Drugs at
http://www.fda.gov/cder/ob/default.htm
Conference
						for Food Protection Standards for Accreditation of Food Protection Manager
						Certification Programs, April 2018, Conference for Food Protection, 30 Elliott
						Court, Martinsville, IN 46151-1331
Grade
						"A" Pasteurized Milk Ordinance, 2017 Revision, U.S. Department of Health and
						Human Services, Public Health Service, Food and Drug Administration, Milk
						Safety Branch (HFS-626), 5100 Paint Branch Parkway, College Park, MD
						20740-3835
Interstate Certified Shellfish Shippers List (updated
						monthly), published by the U.S. Department of Health and Human Services, Public
						Health Service, Food and Drug Administration, Office of Seafood (HFS-417), 5100
						Paint Branch Parkway, College Park, MD 20740-3835
National
						Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan
						Shellfish, 2017 Revision, U.S. Department of Health and Human Services, Public
						Health Service, Food and Drug Administration, Office of Seafood (HFS-417), 5100
						Paint Branch Parkway, College Park, MD 20740-3835
NSF/ANSI
						18-2016 Manual Food and Beverage Dispensing Equipment, 2012, NSF International,
						789 North Dixboro Road, P.O. Box 130140, Ann Arbor, MI 48113-0140,
www.nsf.org
United
						States Standards, Grades, and Weight Classes for Shell Eggs, AMS-56, effective
						July 20, 2000, U.S. Department of Agriculture, Agricultural Marketing Service,
						Poultry Programs, STOP 0259, Room 3944-South, 1400 Independence Avenue, SW,
						Washington, DC 20250-0259
Statutory Authority: §
													3.2-5121
						  of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 590 - RULES AND REGULATIONS PERTAINING TO TOLERANCES AND PROHIBITIONS APPLICABLE TO GROUND BEEF › Section 2VAC5-590-10 - Ground beef

Current through Register Vol. 40, No. 24, July 15, 2024
A. Chopped beef,
				ground beef, hamburger shall consist of chopped fresh or frozen beef, with or
				without seasoning, and with or without the addition of beef fat as such. It
				shall contain no more than 30% fat, and shall not contain added water, binders,
				or extenders. When beef cheek meat (trimmed beef cheeks) is used in the
				preparation of chopped or ground beef, the amount of cheek meat shall be
				limited to 25%. If in excess of natural proportions, its presence shall be
				declared on the label.
B. Beef
				patties shall consist of chopped fresh or frozen beef, with or without the
				addition of beef fat as such or seasonings. Binders or extenders or partially
				defatted beef fatty tissue may be used, without added water or with added
				water, only in amounts such that the product's characteristics are essentially
				that of a meat patty. When seasoning, water, binders, or extenders or partially
				defatted beef fatty tissue are used, their presence shall be declared on the
				label by their common or usual name in descending order of predominance. Beef
				patties shall contain no more than 30% fat.
C. Fabricated beef steaks, veal steaks, beef
				and veal steaks, or veal and beef steaks, and similar products such as those
				labeled "beef steak, chopped, shaped, frozen," "minute steak, formed, wafer
				sliced, frozen," "veal steaks, beef added, chopped-molded-cubed-frozen,
				hydrolized plant protein, and flavoring" shall be prepared by comminuting and
				forming the product from fresh or frozen meat, with or without added fat, of
				the species indicated on the label. These products shall contain no more than
				30% fat, and shall not contain added water, binders, or extenders. Beef cheek
				meat (trimmed beef cheeks) may be used in the preparation of fabricated beef
				steaks only in accordance with the conditions prescribed in subsection A of
				2VAC5-590-20.
Statutory Authority
§§ 3.2-5101 and 3.2-5121 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 590 - RULES AND REGULATIONS PERTAINING TO TOLERANCES AND PROHIBITIONS APPLICABLE TO GROUND BEEF › Section 2VAC5-590-20 - Labeling and fat declaration requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Qualifying terms. No qualifying terms
				pertaining to product names, quality, or fat content of ground beef, other than
				those permitted by this chapter or applicable federal regulations, shall be
				used in the advertisement or labeling of ground beef products, unless a placard
				is displayed in reasonable proximity to the display which clearly states:
1. The name of the product;
2. Clarification of any qualifying term which
				is not self-evident; and
3. A
				statement of the maximum fat content of the product. Terms such as "lean,"
				"extra lean," "super lean" and "premium" are examples of "qualifying
				terms".
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 590 - RULES AND REGULATIONS PERTAINING TO TOLERANCES AND PROHIBITIONS APPLICABLE TO GROUND BEEF › Form - FORMS (2VAC5-590)

Current through Register Vol. 40, No. 24, July 15, 2024
Inspection Report, Form VDACS-06017.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 595 - REGULATIONS GOVERNING THE MANUFACTURING AND SALE OF PRODUCTS THAT CONTAIN INDUSTRIAL HEMP EXTRACTS INTENDED FOR HUMAN CONSUMPTION › Section 2VAC5-595-20 - Regulated articles

Current through Register Vol. 40, No. 24, July 15, 2024
Industrial hemp extracts and foods containing an industrial
				  hemp extract are subject to the provisions of this chapter.
Statutory Authority: § 3.2-5145.5 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 595 - REGULATIONS GOVERNING THE MANUFACTURING AND SALE OF PRODUCTS THAT CONTAIN INDUSTRIAL HEMP EXTRACTS INTENDED FOR HUMAN CONSUMPTION › Section 2VAC5-595-30 - Inspection required

Current through Register Vol. 40, No. 24, July 15, 2024
A. A person
				that manufactures an industrial hemp extract in Virginia and introduces that
				industrial hemp extract into commerce shall first be inspected by the
				department for compliance with the requirements in 2VAC5-595-50.
B. To apply for an inspection to manufacture
				an industrial hemp extract or to introduce an industrial hemp extract into
				commerce, a person must:
1. Submit an
				application on a form provided by the department; and
2. Provide documentation of an unexpired
				Industrial Hemp Processor Registration issued pursuant to subsection A of
				§ 3.2-4115 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 595 - REGULATIONS GOVERNING THE MANUFACTURING AND SALE OF PRODUCTS THAT CONTAIN INDUSTRIAL HEMP EXTRACTS INTENDED FOR HUMAN CONSUMPTION › Section 2VAC5-595-40 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				manufacturer shall produce an industrial hemp extract in compliance with
				Chapter 51 (§ 3.2-5100 et seq.) of Title 3.2 of the Code of Virginia and
				Regulations Pertaining to Food for Human Consumption (2VAC5-600), including 21
				CFR Part 117.
B. Notwithstanding
				subsection A of this section, a manufacturer shall produce an industrial hemp
				extract or food containing an industrial hemp extract in compliance with 21 CFR
				Part 111 if the industrial hemp extract or food containing an industrial hemp
				extract is:
1. Produced in a tablet, capsule,
				powder, softgel, or gel cap form;
2. Labeled with a panel titled "Supplement
				Facts"; or
3. Labeled with a
				statement that describes the role of a nutrient or ingredient intended to
				affect the structure or function in humans or that characterizes the documented
				mechanism by which a nutrient or ingredient acts to maintain such structure or
				function.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 595 - REGULATIONS GOVERNING THE MANUFACTURING AND SALE OF PRODUCTS THAT CONTAIN INDUSTRIAL HEMP EXTRACTS INTENDED FOR HUMAN CONSUMPTION › Section 2VAC5-595-60 - Labeling of industrial hemp extracts and foods containing an industrial hemp extract

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the
				purpose of this chapter, label or labeling includes the label on the packaging
				of an industrial hemp extract or food containing an industrial hemp extract as
				well as any brochure, advertisement, information on social media or on any
				website, or any other form of product marketing.
B. An industrial hemp extract or food
				containing an industrial hemp extract shall be labeled in accordance with 21
				CFR Part 101 and Chapter 51 (§ 3.2-5100 et seq.) of Title 3.2 of the Code
				of Virginia.
C. Notwithstanding
				subsection B of this section, a manufacturer shall label an industrial hemp
				extract or food containing an industrial hemp extract in compliance with the
				labeling provisions for dietary supplements in 21 CFR Part 101 and Chapter 51
				(§ 3.2-5100 et seq.) of Title 3.2 of the Code of Virginia if the
				industrial hemp extract or food containing an industrial hemp extract is:
1. Produced in a tablet, capsule, powder,
				softgel, or gel cap form;
2.
				Labeled with a panel titled "Supplement Facts"; or
3. Labeled with a statement that describes
				the role of a nutrient or ingredient intended to affect the structure or
				function in humans or that characterizes the documented mechanism by which a
				nutrient or ingredient acts to maintain such structure or function.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 595 - REGULATIONS GOVERNING THE MANUFACTURING AND SALE OF PRODUCTS THAT CONTAIN INDUSTRIAL HEMP EXTRACTS INTENDED FOR HUMAN CONSUMPTION › Form - FORMS (2VAC5-595)

Current through Register Vol. 40, No. 24, July 15, 2024
Application
				  for Manufacturer of an Industrial Hemp-Derived Extract Intended for Human
				  Consumption, VDACS-FSP-APPIH (rev. 6/2022)
Statutory Authority: § 3.2-5145.5 of the Code of
					 Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 600 - REGULATIONS PERTAINING TO FOOD FOR HUMAN CONSUMPTION › Section 2VAC5-600-5 - Petitions

Current through Register Vol. 40, No. 24, July 15, 2024
The Board of Agriculture and Consumer Services will receive,
				  consider, and respond to petitions by any interested person at any time with
				  respect to reconsideration or revision of this regulation.
Statutory Authority
§ 3.2-5101 of the Code of Virginia.
Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 600 - REGULATIONS PERTAINING TO FOOD FOR HUMAN CONSUMPTION › Form - FORMS (2VAC5-600)

Current through Register Vol. 40, No. 24, July 15, 2024
Inspection
				  Report, Form VDACS (undated).
Sample
				  Collection Report (undated).
FDA/State
				  Contract Inspection Form 481 and Instructions (rev. 7/04).