Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 585 - RETAIL FOOD ESTABLISHMENT REGULATIONS › Part I - Purpose and Definitions › Article 2 - Definitions › Section 2VAC5-585-40 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
						shall have the following meanings unless the context clearly indicates
						otherwise:
"Accredited program" means a food protection manager
						certification program that has been evaluated and listed by an accrediting
						agency as conforming to national standards for organizations that certify
						individuals. "Accredited program" refers to the certification process and is a
						designation based upon an independent evaluation of factors such as the
						sponsor's mission; organizational structure; staff resources; revenue sources;
						policies; public information regarding program scope, eligibility requirements,
						recertification, discipline, and grievance procedures; and test development and
						administration. "Accredited program" does not refer to training functions or
						educational programs.
"Additive" means either a (i) "food additive" having the
						meaning stated in the Federal Food, Drug, and Cosmetic Act,
						21 USC §
												321(s) and
						21
						CFR 170.3(e)(1) or (ii) "color additive" having the meaning stated in the
						Federal Food, Drug, and Cosmetic Act,
						21 USC §
												321(t) and
						21
						CFR 70.3(f).
"Adulterated" has the meaning stated in the Federal Food,
						Drug, and Cosmetic Act,
						21 USC §
												342.
"Approved" means acceptable to the department based on a
						determination of conformity with principles, practices, and generally
						recognized standards that protect public health.
"Approved water system" means a permitted waterworks
						constructed, maintained, and operated pursuant to 12VAC5-590 or a private well
						constructed, maintained, and operated pursuant to 12VAC5-630.
"Asymptomatic" means without obvious symptoms; not
						showing or producing indications of a disease or other medical condition, such
						as an individual infected with a pathogen but not exhibiting or producing any
						signs or symptoms of vomiting, diarrhea, or jaundice. "Asymptomatic" includes
						not showing symptoms because symptoms have resolved or subsided, or because
						symptoms never manifested.
"Aw" means water activity that is
						a measure of the free moisture in a food, is the quotient of the water vapor
						pressure of the substance divided by the vapor pressure of pure water at the
						same temperature, and is indicated by the symbol
						Aw.
"Balut" means an embryo inside a fertile egg that has
						been incubated for a period sufficient for the embryo to reach a specific stage
						of development after which it is removed from incubation before
						hatching.
"Beverage" means a liquid for drinking, including
						water.
"Bottled drinking water" means water that is sealed in
						bottles, packages, or other containers and offered for sale for human
						consumption, including bottled mineral water.
"Casing" means a tubular container for sausage products
						made of either natural or artificial (synthetic) material.
"Certification number" means a unique combination of
						letters and numbers assigned by a shellfish control authority to a molluscan
						shellfish dealer according to the provisions of the National Shellfish
						Sanitation Program.
"CFR" means Code of Federal Regulations. Citations in
						this chapter to the CFR refer sequentially to the title, part, and section
						numbers. For example, 40 CFR 180.194 refers to Title 40, Part 180, Section
						194.
"CIP" means cleaned in place by the circulation or
						flowing by mechanical means through a piping system of a detergent solution,
						water rinse, and sanitizing solution onto or over equipment surfaces that
						require cleaning, such as the method used, in part, to clean and sanitize a
						frozen dessert machine. "CIP" does not include the cleaning of equipment such
						as band saws, slicers, or mixers that are subjected to in-place manual cleaning
						without the use of a CIP system.
"Commingle" means:
1. To combine shellstock harvested on different days or
						from different growing areas as identified on the tag or label; or
2. To combine shucked shellfish from containers with
						different container codes or different shucking dates.
"Comminuted" means reduced in size by methods including
						chopping, flaking, grinding, or mincing. "Comminuted" includes (i) fish or meat
						products that are reduced in size and restructured or reformulated such as
						gefilte fish, gyros, ground beef, and sausage and (ii) a mixture of two or more
						types of meat that have been reduced in size and combined, such as sausages
						made from two or more meats.
"Commissioner" means the Commissioner of Agriculture and
						Consumer Services, his duly designated officer, or his agent.
"Conditional employee" means a potential food employee to
						whom a job offer is made, conditional on responses to subsequent medical
						questions or examinations designed to identify potential food employees who may
						be suffering from a disease that can be transmitted through food and done in
						compliance with Title 1 of the Americans with Disabilities Act of 1990.
"Confirmed disease outbreak" means a foodborne disease
						outbreak in which laboratory analysis of appropriate specimens identifies a
						causative agent and epidemiological analysis implicates the food as the source
						of the illness.
"Consumer" means a person who is a member of the public,
						takes possession of food, is not functioning in the capacity of an operator of
						a food establishment or food processing plant, and does not offer the food for
						resale.
"Core item" means a provision in this chapter that is not
						designated as a priority item or a priority foundation item. "Core item"
						includes an item that usually relates to general sanitation, operational
						controls, sanitation standard operating procedures (SSOPs), facilities or
						structures, equipment design, or general maintenance.
"Corrosion-resistant materials" means a material that
						maintains acceptable surface cleanability characteristics under prolonged
						influence of the food to be contacted, the normal use of cleaning compounds and
						sanitizing solutions, and other conditions of the use environment.
"Counter-mounted equipment" means equipment that is not
						portable and is designed to be mounted off the floor on a table, counter, or
						shelf.
"Critical control point" means a point or procedure in a
						specific food system where loss of control may result in an unacceptable health
						risk.
"Critical limit" means the maximum or minimum value to
						which a physical, biological, or chemical parameter must be controlled at a
						critical control point to minimize the risk that the identified food safety
						hazard may occur.
"Cut leafy greens" means fresh leafy greens whose leaves
						have been cut, shredded, sliced, chopped, or torn. The term "leafy greens"
						includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby
						leaf lettuce (i.e., immature lettuce or leafy greens), escarole, endive, spring
						mix, spinach, cabbage, kale, arugula, and chard. The term "leafy greens" does
						not include herbs such as cilantro or parsley.
"Dealer" means a person who is authorized by a shellfish
						control authority for the activities of a shellstock shipper, shucker-packer,
						repacker, reshipper, or depuration processor of molluscan shellfish according
						to the provisions of the National Shellfish Sanitation Program.
"Department" means the Virginia Department of Agriculture
						and Consumer Services.
"Disclosure" means a written statement that clearly
						identifies the animal-Amended foods that are, or can be ordered, raw,
						undercooked, or without otherwise being processed to eliminate pathogens, or
						items that contain an ingredient that is raw, undercooked, or without otherwise
						being processed to eliminate pathogens.
"Dry storage area" means a room or area designated for
						the storage of packaged or containerized bulk food that is not time/temperature
						control for safety food and dry goods such as single-service items.
"Easily cleanable" means a characteristic of a surface
						that:
1. Allows effective removal of soil by normal cleaning
						methods;
2. Is dependent on the material, design, construction,
						and installation of the surface; and
3. Varies with the likelihood of the surface's role in
						introducing pathogenic or toxigenic agents or other contaminants into food
						based on the surface's approved placement, purpose, and use.
"Easily cleanable" includes a tiered application of the
						criteria that qualify the surface as easily cleanable as specified above in
						this definition to different situations in which varying degrees of
						cleanability are required such as:
1. The appropriateness of stainless steel for a food
						preparation surface as opposed to the lack of need for stainless steel to be
						used for floors or for tables used for consumer dining; or
2. The need for a different degree of cleanability for a
						utilitarian attachment or accessory in the kitchen as opposed to a decorative
						attachment or accessory in the consumer dining area.
"Easily movable" means:
1. Portable; mounted on casters, gliders, or rollers; or
						provided with a mechanical means to safely tilt a unit of equipment for
						cleaning; and
2. Having no utility connection, a utility connection
						that disconnects quickly, or a flexible utility connection line of sufficient
						length to allow the equipment to be moved for cleaning of the equipment and
						adjacent area.
"Egg" means the shell egg of avian species such as
						chicken, duck, goose, guinea, quail, ratites, or turkey. "Egg" does not include
						a balut, egg of the reptile species such as alligator, or an egg
						product.
"Egg product" means all, or a portion of, the contents
						found inside eggs separated from the shell and pasteurized in a food processing
						plant, with or without added ingredients, intended for human consumption, such
						as dried, frozen, or liquid eggs. "Egg product" does not include food that
						contains eggs only in a relatively small proportion such as cake mixes.
"Employee" means the operator, person in charge, food
						employee, person having supervisory or management duties, person on the
						payroll, family member, volunteer, person performing work under contractual
						agreement, or other person working in a food establishment.
"EPA" means the U.S. Environmental Protection
						Agency.
"Equipment" means an article that is used in the
						operation of a food establishment, such as a freezer, grinder, hood, ice maker,
						meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove,
						table, temperature measuring device for ambient air, vending machine, or
						warewashing machine. "Equipment" does not include apparatuses used for handling
						or storing large quantities of packaged foods that are received from a supplier
						in a cased or overwrapped lot, such as hand trucks, forklifts, dollies,
						pallets, racks, and skids.
"Exclude" means to prevent a person from working as an
						employee in a food establishment or entering a food establishment as an
						employee.
"FDA" means the U.S. Food and Drug Administration.
"Fish" means fresh or saltwater finfish, crustaceans,
						other forms of aquatic life (including alligator, frog, aquatic turtle,
						jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than
						birds or mammals, and all mollusks, if such animal life is intended for human
						consumption; and includes an edible human food product Amended in whole or in
						part from fish, including fish that has been processed in any manner.
"Food" means (i) a raw, cooked, or processed edible
						substance, ice, beverage, or ingredient used or intended for use or for sale in
						whole or in part for human consumption or (ii) chewing gum.
"Foodborne disease outbreak" means the occurrence of two
						or more cases of a similar illness resulting from the ingestion of a common
						food.
"Food-contact surface" means a surface of equipment or a
						utensil with which food normally comes into contact, or a surface of equipment
						or a utensil from which food may drain, drip, or splash into a food, or onto a
						surface normally in contact with food.
"Food employee" means an individual working with
						unpackaged food, food equipment or utensils, or food-contact surfaces.
"Food establishment" means an operation that (i) stores,
						prepares, packages, serves, vends food directly to the consumer, or otherwise
						provides food for human consumption such as a market, restaurant, satellite or
						catered feeding location, catering operation if the operation provides food
						directly to a consumer or to a conveyance used to transport people, vending
						location, conveyance used to transport people, institution, or food bank and
						(ii) relinquishes possession of a food to a consumer directly, or indirectly
						through a delivery service such as home delivery of grocery orders or
						restaurant takeout orders, or delivery service that is provided by common
						carriers.
"Food establishment" includes (i) an element of the
						operation such as a transportation vehicle or a central preparation facility
						that supplies a vending location or satellite feeding location unless the
						vending or satellite feeding location is inspected by the regulatory authority
						and (ii) an operation that is conducted in a mobile, stationary, temporary, or
						permanent facility or location where consumption is on or off the
						premises.
"Food establishment" does not include:
1. An establishment that offers only prepackaged foods
						that are not time/temperature control for safety foods;
2. A produce stand that only offers whole, uncut fresh
						fruits and vegetables;
3. A food processing plant, including those that are
						located on the premises of a food establishment;
4. A food warehouse;
5. A kitchen in a private home; or
6. A private home that receives catered or home delivered
						food.
"Food processing plant" means a commercial operation that
						manufactures, packages, labels, or stores food for human consumption and
						provides food for sale or distribution to other business entities such as food
						processing plants or food establishments. "Food processing plant" does not
						include a "food establishment."
"Game animal" means an animal, the products of which are
						food, that is not classified as (i) livestock, sheep, swine, goat, horse, mule,
						or other equine in
						9 CFR
						301.2; (ii) poultry; or (iii) fish. "Game
						animal" includes mammals such as reindeer, elk, deer, antelope, water buffalo,
						bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic
						reptiles such as land snakes. "Game animal" does not include ratites.
"General use pesticide" means a pesticide that is not
						classified by EPA for restricted use as specified in
						40 CFR
						152.175.
"Grade A standards" means the requirements of the Grade
						"A" Pasteurized Milk Ordinance, 2017 Revision, (U.S. Food and Drug
						Administration) with which certain fluid and dry milk and milk products
						comply.
"HACCP plan" means a written document that delineates the
						formal procedures for following the Hazard Analysis and Critical Control Point
						principles developed by the National Advisory Committee on Microbiological
						Criteria for Foods.
"Handwashing sink" means a lavatory, a basin or vessel
						for washing, a wash basin, or a plumbing fixture especially placed for use in
						personal hygiene and designed for the washing of hands. "Handwashing sink"
						includes an automatic handwashing facility.
"Hazard" means a biological, chemical, or physical
						property that may cause an unacceptable consumer health risk.
"Health practitioner" means a physician licensed to
						practice medicine, or if allowed by law, a nurse practitioner, physician
						assistant, or similar medical professional.
"Hermetically sealed container" means a container that is
						designed and intended to be secure against the entry of microorganisms and, in
						the case of low acid canned foods, to maintain the commercial sterility of its
						contents after processing.
"Highly susceptible population" means persons who are
						more likely than other people in the general population to experience foodborne
						disease because they are (i) immunocompromised; preschool age children, or
						older adults; and (ii) obtaining food at a facility that provides services such
						as custodial care, health care, or assisted living, such as a child or adult
						day care center, kidney dialysis center, hospital or nursing home, or
						nutritional or socialization services such as a senior center.
"Imminent health hazard" means a significant threat or
						danger to health that is considered to exist when there is evidence sufficient
						to show that a product, practice, circumstance, or event creates a situation
						that requires immediate correction or cessation of operation to prevent injury
						based on the number of potential injuries, and the nature, severity, and
						duration of the anticipated injury.
"Injected" means manipulating meat to which a solution
						has been introduced into its interior by processes that are referred to as
						"injecting," "pump marinating," or "stitch pumping."
"Intact meat" means a cut of whole muscle meat that has
						not undergone comminution, vacuum tumbling with solutions, mechanical
						tenderization, or reconstruction.
"Juice" means the aqueous liquid expressed or extracted
						from one or more fruits or vegetables, purées of the edible portions of
						one or more fruits or vegetables, or any concentrate of such liquid or
						purée. "Juice" does not include, for purposes of HACCP, liquids,
						purées, or concentrates that are not used as beverages or ingredients of
						beverages.
"Kitchenware" means food preparation and storage
						utensils.
"Law" means applicable local, state, and federal
						statutes, regulations, and ordinances.
"Linens" means fabric items such as cloth hampers, cloth
						napkins, table cloths, wiping cloths, and work garments, including cloth
						gloves.
"Major food allergen" means milk, egg, fish (such as
						bass, flounder, cod, and including crustacean shellfish such as crab, lobster,
						or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts,
						and soybeans or a food ingredient that contains protein Amended from one of
						these foods. "Major food allergen" does not include (i) any highly refined oil
						Amended from a major food allergen in this definition and any ingredient
						Amended from such highly refined oil or (ii) any ingredient that is exempt
						under the petition or notification process specified in the Food Allergen
						Labeling and Consumer Protection Act of 2004 (P.L.
						108-282).
"Meat" means the flesh of animals used as food including
						the dressed flesh of cattle, swine, sheep, or goats and other edible animals,
						except fish, poultry, and wild game animals as specified under
						2VAC5-585-330 A 2
						and 3.
"Mechanically tenderized" means manipulating meat by
						piercing with a set of needles, pins, blades, or any mechanical device that
						breaks up muscle fiber and tough connective tissue to increase tenderness. This
						includes injection, scoring, and processes that may be referred to as "blade
						tenderizing," "jaccarding," "pinning," or "needling."
"mg/L" means milligrams per liter, which is the metric
						equivalent of parts per million (ppm).
"Molluscan shellfish" means any edible species of fresh
						or frozen oysters, clams, mussels, and scallops or edible portions thereof,
						except when the scallop product consists only of the shucked adductor
						muscle.
"Noncontinuous cooking" means the cooking of food in a
						food establishment using a process in which the initial heating of the food is
						intentionally halted so that it may be cooled and held for complete cooking at
						a later time prior to sale or service. "Noncontinuous cooking" does not include
						cooking procedures that only involve temporarily interrupting or slowing an
						otherwise continuous cooking process.
"Operator" means the entity that is legally responsible
						for the operation of the food establishment such as the owner, the owner's
						agent, or other person.
"Packaged" means bottled, canned, cartoned, bagged, or
						wrapped, whether packaged in a food establishment or a food processing plant.
						"Packaged" does not include wrapped or placed in a carry-out container to
						protect the food during service or delivery to the consumer, by a food
						employee, upon consumer request.
"Person" means an association, a corporation, individual,
						partnership, other legal entity, government, or governmental subdivision or
						agency.
"Person in charge" means the individual present at a food
						establishment who is responsible for the operation at the time of
						inspection.
"Personal care items" means items or substances that may
						be poisonous, toxic, or a source of contamination and are used to maintain or
						enhance a person's health, hygiene, or appearance. "Personal care items"
						include items such as medicines, first aid supplies, and other items such as
						cosmetics and toiletries such as toothpaste and mouthwash.
"pH" means the symbol for the negative logarithm of the
						hydrogen ion concentration, which is a measure of the degree of acidity or
						alkalinity of a solution. Values between 0 and 7.0 indicate acidity and values
						between 7.0 and 14 indicate alkalinity. The value for pure distilled water is
						7.0, which is considered neutral.
"Physical facilities" means the structure and interior
						surfaces of a food establishment including accessories such as soap and towel
						dispensers and attachments such as light fixtures and heating or air
						conditioning system vents.
"Plumbing fixture" means a receptacle or device that is
						permanently or temporarily connected to the water distribution system of the
						premises and demands a supply of water from the system or discharges used
						water, waste materials, or sewage directly or indirectly to the drainage system
						of the premises.
"Plumbing system" means the water supply and distribution
						pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and
						storm sewers and building drains, including their respective connections,
						devices, and appurtenances within the premises; and water-treating
						equipment.
"Poisonous or toxic materials" means substances that are
						not intended for ingestion and are included in four categories:
1. Cleaners and sanitizers, which include cleaning and
						sanitizing agents and agents such as caustics, acids, drying agents, polishes,
						and other chemicals;
2. Pesticides, except sanitizers, which include
						substances such as insecticides and rodenticides;
3. Substances necessary for the operation and maintenance
						of the establishment such as nonfood grade lubricants and personal care items
						that may be deleterious to health; and
4. Substances that are not necessary for the operation
						and maintenance of the establishment and are on the premises for retail sale,
						such as petroleum products and paints.
"Potable water" means water fit for human consumption
						that is obtained from an approved water supply and that is (i) sanitary and
						normally free of minerals, organic substances, and toxic agents in excess of
						reasonable amounts and (ii) adequate in quantity and quality for the minimum
						health requirements of the person served. Potable water is traditionally known
						as drinking water and excludes such nonpotable forms as boiler water, mop
						water, rainwater, wastewater, and nondrinking water.
"Poultry" means any domesticated bird (chickens, turkeys,
						ducks, geese, guineas, ratites, or squabs), whether live or dead, as defined in
						9 CFR
						381.1 and any migratory waterfowl, game bird,
						pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined
						in 9
						CFR 362.1.
"Premises" means the physical facility, its contents, and
						the contiguous land or property under the control of the operator or the
						physical facility, its contents, and the land or property not described above
						if its facilities and contents are under the control of the operator and may
						impact food establishment personnel, facilities, or operations, and a food
						establishment is only one component of a larger operation.
"Primal cut" means a basic major cut into which carcasses
						and sides of meat are separated, such as a beef round, pork loin, lamb flank,
						or veal breast.
"Priority foundation item" means a provision in this
						chapter whose application supports, facilitates, or enables one or more
						priority items. "Priority foundation item" includes an item that requires the
						purposeful incorporation of specific actions, equipment, or procedures by
						industry management to attain control of risk factors that contribute to
						foodborne illness or injury such as personnel training, infrastructure or
						necessary equipment, HACCP plans, documentation or recordkeeping, and labeling
						and is denoted in this chapter with a superscript "Pf," which looks like this: 
						Pf.
"Priority item" means a provision in this chapter whose
						application contributes directly to the elimination, prevention, or reduction
						to an acceptable level of hazards associated with foodborne illness or injury
						and there is no other provision that more directly controls the hazard.
						"Priority item" includes items with a quantifiable measure to show control of
						hazards such as cooking, reheating, cooling, and handwashing and is denoted in
						this chapter with a superscript "P," which looks like this: 
						p.
"Private well" means any water well constructed for a
						person on land that is owned or leased by that person and is usually intended
						for household, groundwater source heat pump, agricultural use, industrial use,
						or other nonpublic water well.
"Pure water" means potable water fit for human
						consumption that is (i) sanitary and normally free of minerals, organic
						substances, and toxic agents in excess of reasonable amounts and (ii) adequate
						in quantity and quality for the minimum health requirements of the persons
						served.
"Ratite" means a flightless bird such as an emu, ostrich,
						or rhea.
"Ready-to-eat food" means food that:
1. (i) Is in a form that is edible without additional
						preparation to achieve food safety, as specified under
						2VAC5-585-700
						A, B, and C;
						2VAC5-585-710;
						or
						2VAC5-585-730;
						(ii) is a raw or partially cooked animal food and the consumer is advised as
						specified under
						2VAC5-585-700
						D 1 and D 3; or (iii) is prepared in accordance with a variance that is granted
						as specified under
						2VAC5-585-700
						D 4; and
2. May receive additional preparation for palatability or
						aesthetic, epicurean, gastronomic, or culinary purposes.
"Ready-to-eat food" includes:
1. Raw animal food that is cooked as specified under
						2VAC5-585-700
						or
						2VAC5-585-710,
						or frozen as specified under
						2VAC5-585-730;
2. Raw fruits and vegetables that are washed as specified
						under
						2VAC5-585-510;
3. Plant food that is cooked for hot holding as specified
						under
						2VAC5-585-720;
4. All time/temperature control for safety food that is
						cooked to the temperature and time required for the specific food under Article
						4 (2VAC5-585-700
						et seq.) of Part III of this chapter and cooled as specified in
						2VAC5-585-800;
5. Plant food for which further washing, cooking, or
						other processing is not required for food safety, and from which rinds, peels,
						husks, or shells, if naturally present, are removed;
6. Substances Amended from plants such as spices,
						seasonings, and sugar;
7. A bakery item such as bread, cakes, pies, fillings, or
						icing for which further cooking is not required for food safety;
8. The following products that are produced in accordance
						with USDA guidelines and that have received a lethality treatment for
						pathogens: dry, fermented sausages, such as dry salami or pepperoni; salt-cured
						meat and poultry products, such as prosciutto ham, country cured ham, and Parma
						ham; and dried meat and poultry products, such as jerky or beef sticks;
						and
9. Food manufactured as specified in 21 CFR Part
						113.
"Reduced oxygen packaging" means (i) the reduction of the
						amount of oxygen in a package by removing oxygen; displacing oxygen and
						replacing it with another gas or combination of gases; or otherwise controlling
						the oxygen content to a level below that normally found in the atmosphere
						(approximately 21% at sea level); and (ii) a process as specified in clause (i)
						of this definition that involves a food for which the hazards Clostridium
						botulinum or Listeria monocytogenes require control in the final packaged
						form.
"Reduced oxygen packaging" includes:
1. Vacuum packaging, in which air is removed from a
						package of food and the package is hermetically sealed so that a vacuum remains
						inside the package;
2. Modified atmosphere packaging, in which the atmosphere
						of a package of food is modified so that its composition is different from air,
						but the atmosphere may change over time due to the permeability of the
						packaging material or the respiration of the food. Modified atmosphere
						packaging includes reduction in the proportion of oxygen, total replacement of
						oxygen, or an increase in the proportion of other gases such as carbon dioxide
						or nitrogen;
3. Controlled atmosphere packaging, in which the
						atmosphere of a package of food is modified so that until the package is
						opened, its composition is different from air, and continuous control of that
						atmosphere is maintained, such as by using oxygen scavengers or a combination
						of total replacement of oxygen, nonrespiring food, and impermeable packaging
						material;
4. Cook chill packaging, in which cooked food is hot
						filled into impermeable bags that have the air expelled and are then sealed or
						crimped closed. The bagged food is rapidly chilled and refrigerated at
						temperatures that inhibit the growth of psychotrophic pathogens; or
5. Sous vide packaging, in which raw or partially cooked
						food is vacuum packaged in an impermeable bag, cooked in the bag, rapidly
						chilled, and refrigerated at temperatures that inhibit the growth of
						psychotrophic pathogens.
"Refuse" means solid waste not carried by water through
						the sewage system.
"Regulatory authority" means local, state, or federal
						enforcement body or their authorized representative having jurisdiction over
						the food establishment.
"Reminder" means a written statement concerning the
						health risk of consuming animal foods raw, undercooked, or without otherwise
						being processed to eliminate pathogens.
"Reservice" means the transfer of food that is unused and
						returned by a consumer after being served or sold and in the possession of the
						consumer, to another person.
"Restrict" means to limit the activities of a food
						employee so that there is no risk of transmitting a disease that is
						transmissible through food and the food employee does not work with exposed
						food, clean equipment, utensils, linens, or unwrapped single-service or
						single-use articles.
"Restricted egg" means any check, dirty egg, incubator
						reject, inedible, leaker, or loss as defined in 9 CFR Part 590.
"Restricted use pesticide" means a pesticide product that
						contains the active ingredients specified in
						40 CFR
						152.175 and that is limited to use by or
						under the direct supervision of a certified applicator.
"Risk" means the likelihood that an adverse health effect
						will occur within a population as a result of a hazard in a food.
"Safe material" means an article manufactured from or
						composed of materials that may not reasonably be expected to result, directly
						or indirectly, in their becoming a component or otherwise affecting the
						characteristics of any food; an additive that is used as specified in §
						409 of the Federal Food, Drug, and Cosmetic Act (21 USC §
												348); or other materials that are not
						additives and that are used in conformity with applicable regulations of the
						Food and Drug Administration.
"Sanitization" means the application of cumulative heat
						or chemicals on cleaned food-contact surfaces that, when evaluated for
						efficacy, is sufficient to yield a 5-log reduction, which is equal to a 99.999%
						reduction, of representative disease microorganisms of public health
						importance.
"Sealed" means free of cracks or other openings that
						allow the entry or passage of moisture.
"Service animal" means an animal such as a guide dog,
						signal dog, or other animal individually trained to provide assistance to an
						individual with a disability.
"Servicing area" means an operating base location to
						which a mobile food establishment or transportation vehicle returns regularly
						for such things as vehicle and equipment cleaning, discharging liquid or solid
						wastes, refilling water tanks and ice bins, and boarding food.
"Sewage" means liquid waste containing animal or
						vegetable matter in suspension or solution and may include liquids containing
						chemicals in solution. "Sewage" includes water-carried and non-water-carried
						human excrement or kitchen, laundry, shower, bath, or lavatory waste separately
						or together with such underground surface, storm, or other water and liquid
						industrial wastes as may be present from residences, buildings, vehicles,
						industrial establishments, or other places.
"Shellfish control authority" means a state, federal,
						foreign, tribal, or other government entity legally responsible for
						administering a program that includes certification of molluscan shellfish
						harvesters and dealers for interstate commerce.
"Shellstock" means raw, in-shell molluscan
						shellfish.
"Shiga toxin-producing Escherichia coli" or "STEC" means
						any E. coli capable of producing Shiga toxins (also called verocytotoxins).
						STEC infections can be asymptomatic or may result in a spectrum of illness
						ranging from mild nonbloody diarrhea to hemorrhagic colitis (i.e., bloody
						diarrhea) to hemolytic uremic syndrome (HUS), which is a type of kidney
						failure. Examples of serotypes of STEC include: E. coli O157:H7, E. coli
						O157:NM, E. coli O26:H11, E. coli O145:NM, E. coli O103:H2, and E. coli
						O111:NM. STEC are sometimes referred to as VTEC (verocytotoxigenic E. coli) or
						as EHEC (enterohemorrhagic E. coli). EHEC are a subset of STEC that can cause
						hemorrhagic colitis or HUS.
"Shucked shellfish" means molluscan shellfish that have
						one or both shells removed.
"Single-service articles" means tableware, carry-out
						utensils, and other items such as bags, containers, placemats, stirrers,
						straws, toothpicks, and wrappers that are designed and constructed for one
						time, one person use after which they are intended for discard.
"Single-use articles" means utensils and bulk food
						containers designed and constructed to be used once and discarded. "Single-use
						articles" includes items such as wax paper, butcher paper, plastic wrap, formed
						aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle
						barrels, ketchup bottles, and number 10 cans that do not meet the materials,
						durability, strength, and cleanability specifications under
						2VAC5-585-960,
						2VAC5-585-1080,
						and
						2VAC5-585-1100
						for multiuse utensils.
"Slacking" means the process of moderating the
						temperature of a food such as allowing a food to gradually increase from a
						temperature of -10°F (-23°C) to 25°F (-4°C) in preparation for
						deep-fat frying or to facilitate even heat penetration during the cooking of
						previously block-frozen food such as shrimp.
"Smooth" means a food-contact surface having a surface
						free of pits and inclusions with a cleanability equal to or exceeding that of
						(100 grit) number three stainless steel; a nonfood-contact surface of equipment
						having a surface equal to that of commercial grade hot-rolled steel free of
						visible scale; and a floor, wall, or ceiling having an even or level surface
						with no roughness or projections that render it difficult to clean.
"Tableware" means eating, drinking, and serving utensils
						for table use such as flatware including forks, knives, and spoons; hollowware
						including bowls, cups, serving dishes, and tumblers; and plates.
"Temperature measuring device" means a thermometer,
						thermocouple, thermistor, or other device that indicates the temperature of
						food, air, or water.
"Temporary food establishment" means a food establishment
						that operates for a period of no more than 14 consecutive days in conjunction
						with a single event or celebration.
"Time/temperature control for safety food" or "TCS"
						(formerly "potentially hazardous food") means a food that requires
						time/temperature control for safety to limit pathogenic microorganism growth or
						toxin formation:
1. "Time/temperature control for safety food" includes an
						animal food that is raw or heat treated; a plant food that is heat treated or
						consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or
						mixtures of cut tomatoes that are not modified in a way so that they are unable
						to support pathogenic microorganism growth or toxin formation, or garlic-in-oil
						mixtures that are not modified in a way so that they are unable to support
						pathogenic microorganism growth or toxin formation; and except as specified in
						subdivision 2 d of this definition, a food that because of the interaction of
						its Aw  and pH values is designated as product
						assessment required (PA) in Table A or B of this definition:
Table A. Interaction of pH and
								  Aw for control of spores in food heat treated to destroy
								  vegetative cells and subsequently packaged.
Aw values
pH values
4.6 or less
>4.6 - 5.6
>5.6
<=0.92
non-TCS food*
non-TCS food
non-TCS food
>0.92 - 0.95
non-TCS food
non-TCS food
PA**
>0.95
non-TCS food
PA
PA
*TCS means time/temperature control for safety
								  food
**PA means product assessment required
Table B. Interaction of pH and
								  Aw for control of vegetative cells and spores in food
								  not heat treated or heat treated but not packaged.
Aw values
pH values
< 4.2
4.2 - 4.6
> 4.6 - 5.0
> 5.0
<0.88
non-TCS food*
non-TCS food
non-TCS food
non-TCS food
0.88 - 0.90
non-TCS food
non-TCS food
non-TCS food
PA**
>0.90 - 0.92
non-TCS food
non-TCS food
PA
PA
>0.92
non-TCS food
PA
PA
PA
*TCS means time/temperature control for safety
								  food
**PA means product assessment required
2. "Time/temperature control for safety food" does not
						include:
a. An air-cooled hard-boiled egg with shell intact, or an
						egg with shell intact that is not hard boiled, but has been pasteurized to
						destroy all viable salmonellae
;
b. A food in an unopened hermetically sealed container
						that is commercially processed to achieve and maintain commercial sterility
						under conditions of nonrefrigerated storage and distribution;
c. A food that because of its pH or
						Aw value, or interaction of Aw
						and pH values, is designated as a non-TCS food in Table A or B of this
						definition;
d. A food that is designated as PA in Table A or B of
						this definition and has undergone a product assessment showing that the growth
						or toxin formation of pathogenic microorganisms that are reasonably likely to
						occur in that food is precluded due to:
(1) Intrinsic factors including added or natural
						characteristics of the food such as preservatives, antimicrobials, humectants,
						acidulants, or nutrients;
(2) Extrinsic factors including environmental or
						operational factors that affect the food such as packaging, modified atmosphere
						such as reduced oxygen packaging, shelf-life and use, or temperature range of
						storage and use; or
(3) A combination of intrinsic and extrinsic factors;
						or
e. A food that does not support the growth or toxin
						formation of pathogenic microorganisms in accordance with one of the
						subdivisions 2 a through 2 d of this definition even though the food may
						contain a pathogenic microorganism or chemical or physical contaminant at a
						level sufficient to cause illness or injury.
"USDA" means the U.S. Department of Agriculture.
"Utensil" means a food-contact implement or container
						used in the storage, preparation, transportation, dispensing, sale, or service
						of food, such as kitchenware or tableware that is multiuse, single service, or
						single use; gloves used in contact with food; temperature sensing probes of
						food temperature measuring devices; and probe-type price or identification tags
						used in contact with food.
"Variance" means a written document issued by the
						department that authorizes a modification or waiver of one or more requirements
						of this chapter if, in the opinion of the department, a health hazard or
						nuisance will not result from the modification or waiver.
"Vending machine" means a self-service device that, upon
						insertion of a coin, paper currency, token, card, key, or by electronic
						transaction or optional manual operation, dispenses unit servings of food in
						bulk or in packages without the necessity of replenishing the device between
						each vending operation.
"Vending machine location" means the room, enclosure,
						space, or area where one or more vending machines are installed and operated
						and includes the storage areas and areas on the premises that are used to
						service and maintain the vending machines.
"Warewashing" means the cleaning and sanitizing of
						utensils and food-contact surfaces of equipment.
"Waterworks" means a system that serves piped water for
						human consumption to at least 15 service connections or 25 or more individuals
						for at least 60 days out of the year. "Waterworks" includes all structures,
						equipment, and appurtenances used in the storage, collection, purification,
						treatment, and distribution of pure water except the piping and fixtures inside
						the building where such water is delivered.
"Whole-muscle, intact beef" means whole muscle beef that
						is not injected, mechanically tenderized, reconstructed, or scored and
						marinated, from which beef steaks may be cut.
Statutory Authority: §
													3.2-5121
						  of the Code of Virginia.