reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 2 - Plan Submission and Approval › Section 12VAC5-421-3630 - Contents of a HACCP plan

Current through Register Vol. 40, No. 24, July 15, 2024
For a food establishment that is required under
						12VAC5-421-3620
						to have a HACCP plan, the permit applicant or permit holder shall submit to the
						department a properly prepared HACCP plan that includes:
1. General information such as the name of
					 the permit applicant or permit holder, the food establishment address, and
					 contact information;
2. A
					 categorization of the types of time/temperature control for safety food that is
					 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
b. The hazards and controls for each step in
					 the flow diagram or chart,Pf
c. The steps that are critical control
					 points,Pf
d. The ingredients, materials, and equipment
					 used in the preparation of that food,Pf
					 and
e. Formulations or recipes that
					 delineate methods and procedural control measures that address the food safety
					 concerns involved.Pf
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 2 - Plan Submission and Approval › Section 12VAC5-421-3640 - Confidentiality s- 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
						12VAC5-421-3610
						and
						12VAC5-421-3630.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 2 - Plan Submission and Approval › Section 12VAC5-421-3650 - 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
						12VAC5-421-3610
						and is in compliance with law and this chapter.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3660 - Permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person shall
					 own, establish, conduct, maintain, manage, or operate any food establishment in
					 this Commonwealth unless the food establishment is permitted as provided in
					 this section. All permits shall be in the name of the owner. Permits shall not
					 be issued to newly constructed or extensively remodeled food establishments
					 until a certificate of occupancy has been issued by the Building Official. Only
					 a person who complies with the requirements of this part shall be entitled to
					 receive or retain such a permit.
B.
					 Permits issued shall not be transferable from one person to another or from one
					 location to another. A new owner shall be required to make a written
					 application for a permit. The application forms are obtainable at all local
					 health departments.
C. Any person
					 operating a food establishment with a valid permit who desires to expand or
					 modify the establishment, shall notify the local health department in the
					 jurisdiction where the food establishment is located, and the local health
					 department shall determine whether such expansion, modification, or
					 reclassification is in compliance with the applicable sections of this
					 chapter.
D. The permit shall be
					 posted in every food establishment in a place where it is readily observable by
					 the public transacting business with the establishment.
E. Permits shall expire annually otherwise
					 not to exceed 12 months from the date of issuance.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3670 - Application procedure, submission before proposed opening

Current through Register Vol. 40, No. 24, July 15, 2024
A. An applicant seeking to operate a
					 nontemporary food establishment shall submit an application for a permit at
					 least 30 calendar days before the date planned for opening a food establishment
					 or at least 30 calendar days before the expiration date of the current permit
					 for an existing facility.
B. An
					 applicant seeking to operate a temporary food establishment shall submit an
					 application for a permit at least 10 calendar days before the date planned for
					 opening the temporary food establishment.
C. Any applicant who fails to complete the
					 application process within 12 months of receipt of the application by the local
					 health department's office may be required to submit a new application and
					 plan.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3680 - Form of submission

Current through Register Vol. 40, No. 24, July 15, 2024
A person desiring to operate a food establishment shall
						submit to the department a written application for a permit on a form provided
						by the department.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3690 - Qualifications and responsibilities of applicants

Current through Register Vol. 40, No. 24, July 15, 2024
To qualify for a permit, an applicant shall:
1. Be an owner of the food establishment or
					 an officer of the legal ownership;
2. Comply with the requirements of this
					 chapter; and
3. As specified under
					 12VAC5-421-3820,
					 agree to allow access to the food establishment and to provide required
					 information.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3700 - Contents of the application

Current through Register Vol. 40, No. 24, July 15, 2024
The application shall include:
1. The name, mailing address, telephone
					 number, and signature of the person applying for the permit and the name,
					 mailing address, and location of the food establishment;
2. Information specifying whether the food
					 establishment is owned by an association, corporation, individual, partnership,
					 or other legal entity;
3. A
					 statement specifying whether the food establishment:
a. Is mobile or stationary, and temporary or
					 permanent; and
b. Is an operation
					 that includes one or more of the following:
(1) Prepares, offers for sale, or serves
					 time/temperature control for safety food:
(a)
					 Only to order upon a consumer's request;
(b) In advance in quantities based on
					 projected consumer demand and discards food that is not sold or served at an
					 approved frequency; or
(c) Using
					 time as the public health control as specified under
					 12VAC5-421-850;
(2) Prepares time/temperature
					 control for safety food in advance using a food preparation method that
					 involves two or more steps which may include combining time/temperature control
					 for safety food ingredients; cooking; cooling; reheating; hot or cold holding;
					 freezing; or thawing;
(3) Prepares
					 food as specified under subdivision 3 b (2) of this section for delivery to and
					 consumption at a location off the premises of the food establishment where it
					 is prepared;
(4) Prepares food as
					 specified under subdivision 3 b (2) of this section for service to a highly
					 susceptible population;
(5)
					 Prepares only food that is not time/temperature control for safety food;
					 or
(6) Does not prepare, but offers
					 for sale only prepackaged food that is not time/temperature control for safety
					 food;
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3710 - New, converted, or remodeled establishments

Current through Register Vol. 40, No. 24, July 15, 2024
For food establishments that are required to submit plans
						as specified under
						12VAC5-421-3600
						the department shall issue a permit to the applicant after:
1. A properly completed application is
					 submitted;
2. Any required fee is
					 submitted;
3. The required plans,
					 specifications, and information are reviewed and approved; and
4. A preoperational inspection as specified
					 in
					 12VAC5-421-3650
					 shows that the establishment is built or remodeled in accordance with the
					 approved plans and specifications and that the establishment is in compliance
					 with this chapter.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3720 - Existing establishments, permit renewal, change of ownership, or termination

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may renew a permit for an existing food establishment or may issue a
					 permit to a new owner of an existing food establishment after a properly
					 completed application is submitted, reviewed, and approved, any fees are paid,
					 and an inspection shows that the establishment is in compliance with this
					 chapter.
B. An existing food
					 establishment shall notify the department in writing of a change of legal
					 ownership or when business operations have terminated. Such notice shall be
					 submitted in writing to the department at least 30 days prior to the legal
					 ownership transfer or termination of business operation.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3730 - Denial of application for permit, notice

Current through Register Vol. 40, No. 24, July 15, 2024
If an application for a permit to operate is denied, the
						department shall provide the applicant with a notice that includes:
1. The specific reasons and chapter citations
					 for the permit denial;
2. The
					 actions, if any, that the applicant must take to qualify for a permit;
					 and
3. Advisement of the
					 applicant's right of appeal and the process and time frames for appeal that are
					 provided in law.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3740 - Responsibilities of the department

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 At the time a permit is first issued, the department shall provide to the
					 permit holder a copy (or opportunity to obtain a copy) of this chapter so that
					 the permit holder is notified of the compliance requirements and the conditions
					 of retention, as specified under
					 12VAC5-421-3750,
					 that are applicable to the permit.
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 permit holder fails to
					 comply with this chapter or an order, warning, or directive of the
					 department.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3750 - Responsibilities of the permit holder

Current through Register Vol. 40, No. 24, July 15, 2024
In order to retain a permit issued by the department,
						the permit holder shall:
1. Post the
					 permit in a location in the food establishment that is conspicuous to
					 consumers;
2. Comply with the
					 provisions of this chapter including the conditions of a granted variance as
					 specified under
					 12VAC5-421-3590
					 and 12VAC5-421-3595, and approved plans as specified under
					 12VAC5-421-3610;
3. If a food establishment is required under
					 12VAC5-421-3620
					 to operate under a HACCP plan, comply with the plan as specified under
					 12VAC5-421-3595;
4. Immediately
					 contact the department to report an illness of a food employee or conditional
					 employee as specified under
					 12VAC5-421-80
					 B;
5. Immediately discontinue
					 operations and notify the department if an imminent health hazard may exist as
					 specified under
					 12VAC5-421-3910;
6. Allow representatives of the department
					 access to the food establishment as specified under
					 12VAC5-421-3820;
7. Replace existing facilities and equipment
					 specified in
					 12VAC5-421-3510
					 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 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3760 - Permits not transferable

Current through Register Vol. 40, No. 24, July 15, 2024
A permit shall not be transferred from one person to
						another person, from one food establishment to another, or from one type of
						operation to another if the food operation changes from the type of operation
						specified in the application as specified under
						12VAC5-421-3700 and the change in
						operation is not approved.
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3770 - Summary suspension of a permit

Current through Register Vol. 40, No. 24, July 15, 2024
The director may summarily suspend a permit to operate a
						food establishment if the director finds the continued operation constitutes a
						substantial and imminent threat to the public health. Upon receipt of such
						notice that a permit is suspended, the permit holder shall cease food
						operations immediately and begin corrective action.
Whenever a permit is suspended, the holder of the permit
						or the person in charge shall be notified in writing by mail or by hand
						delivery. Upon receipt of notice that the permit is immediately suspended, the
						former permit holder shall be given an opportunity for an informal fact-finding
						conference in accordance with §
											2.2-4019
						of the Code of Virginia. The request for an informal fact-finding conference
						shall be in writing. The written request shall be filed with the local
						department by the former holder of the permit. If written request for an
						informal fact-finding conference is not filed within 10 working days, the
						suspension is sustained. Each holder of a suspended permit shall be afforded an
						opportunity for an informal fact-finding conference, within three working days
						of receipt of a request for the informal fact-finding conference. The director
						may end the suspension at any time if the reasons for the suspension no longer
						exist.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3780 - Revocation of a permit

Current through Register Vol. 40, No. 24, July 15, 2024
The director may, after conducting an informal
						fact-finding conference in accordance with §
											2.2-4019
						of the Code of Virginia, revoke a permit for violation of any of the
						requirements of this part.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 3 - Permit to Operate › Section 12VAC5-421-3790 - Application after revocation

Current through Register Vol. 40, No. 24, July 15, 2024
Any person whose permit has been revoked, may apply for a
						new permit by following the procedures of this part outlined in
						12VAC5-421-3670 through
						12VAC5-421-3700.
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3800 - Periodic inspection

Current through Register Vol. 40, No. 24, July 15, 2024
Food establishments shall be inspected by the department.
						Inspections of the food establishments shall be performed as often as necessary
						for the enforcement of this chapter in accordance with the following:
1. Except as specified in subdivisions 2 and
					 3 of this section, the department shall inspect a food establishment at least
					 once every six months.
2. The
					 department may increase the interval between inspections beyond six months if:
a. The food establishment is fully operating
					 under an approved and validated HACCP plan as specified under 12VAC5-421-3595
					 and
					 12VAC5-421-3630;
b. The food establishment is assigned a less
					 frequent inspection frequency based on an established risk-based inspection
					 schedule uniformly applied throughout the Commonwealth and updated annually
					 upon reissuance of the annual permit; or
c. 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 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3810 - Performance-based and risk-based inspections

Current through Register Vol. 40, No. 24, July 15, 2024
Within the parameters specified in
						12VAC5-421-3800,
						the department shall prioritize the conducting of 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: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3815 - Competency of environmental health specialists

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. For the purposes of this section,
					 competency shall be demonstrated when an environmental health specialist meets
					 the training and standardization requirements as determined by the
					 department.
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
					 this chapter.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3820 - Access allowed at reasonable times after due notice

Current through Register Vol. 40, No. 24, July 15, 2024
After the department presents official credentials and
						provides notice of the purpose of and an intent to conduct an inspection, the
						person in charge shall allow the department 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: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3830 - 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 department, the
						department shall:
1. Inform the person
					 that:
a. The permit holder is required to
					 allow access to the department as specified under
					 12VAC5-421-3820,
b. Access is a condition of the acceptance
					 and retention of a food establishment permit to operate as specified under
					 subdivision 6 of
					 12VAC5-421-3750,
					 and
c. If access is denied, the
					 commissioner or his designee may apply to an appropriate circuit court for an
					 inspection warrant authorizing such inspection, testing, or taking samples for
					 testing as provided in Chapter 24 (§
												19.2-393 et seq.) of
					 Title 19.2 of the Code of Virginia; and
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3840 - Refusal, reporting

Current through Register Vol. 40, No. 24, July 15, 2024
If after the department presents credentials and provides
						notice as specified under
						12VAC5-421-3820,
						explains the authority upon which access is requested, and makes a final
						request for access as specified in
						12VAC5-421-3830,
						the person in charge continues to refuse access, the department shall provide
						details of the denial of access on an inspection report form.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3850 - Inspection warrants

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
						12VAC5-421-3830, the commissioner
						or his designee may apply to an appropriate circuit court for an inspection
						warrant authorizing such inspection, testing, or taking samples for testing as
						provided in Chapter 24 (§ 19.2-393 et seq.) of Title 19.2 of the Code of
						Virginia.
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of
						  Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3860 - Documenting information and observations

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall document on an inspection report
						form:
1. Administrative information
					 about the food establishment's legal identity, street and mailing addresses,
					 type of establishment and operation as specified under
					 12VAC5-421-3700,
					 inspection date, and other information such as type of water supply and sewage
					 disposal, status of the permit, 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 permit holder 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
					 12VAC5-421-60;
b. Failure of food employees, conditional
					 employees, and the person in charge to report a disease or medical condition as
					 specified under
					 12VAC5-421-80
					 B and D;
c. Nonconformance with
					 priority, priority foundation, or core 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
					 12VAC5-421-60;
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 4 f of
					 12VAC5-421-3630;
					 and
f. Nonconformance with critical
					 limits of a HACCP plan.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3870 - Specifying time frame for corrections

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall specify on the inspection report
						form the time frame for correction of the violations as specified under
						12VAC5-421-3910,
						12VAC5-421-3930,
						and
						12VAC5-421-3950.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3880 - 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 department shall provide a copy of the completed inspection report and the
						notice to correct violations to the permit holder or to the person in charge,
						and request a signed acknowledgment of receipt.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3890 - Refusal to sign acknowledgment

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall:
1. Inform a person who declines to sign an
					 acknowledgment of receipt of inspectional findings as specified in
					 12VAC5-421-3880
					 that:
a. An acknowledgment of receipt is not
					 an agreement with findings,
b.
					 Refusal to sign an acknowledgment of receipt will not affect the permit
					 holder'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 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3900 - Public records

Current through Register Vol. 40, No. 24, July 15, 2024
Except as specified in
						12VAC5-421-3640,
						the department shall treat the inspection report as a public record and shall
						make it available for disclosure to a person who requests it as provided in
						law.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3910 - 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, a permit holder 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. A permit holder 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 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3920 - Resumption of operations

Current through Register Vol. 40, No. 24, July 15, 2024
If operations are discontinued as specified under
						12VAC5-421-3910
						or otherwise according to law, the permit holder shall obtain approval from the
						department before resuming operations.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3930 - Timely correction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except
					 as specified in subsection B of this section, a permit holder shall at the time
					 of inspection correct a priority item or priority foundation item in 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 timeframe, not to exceed:
1. 72 hours after the inspection for the
					 permit holder to correct priority items; or
2. 10 calendar days after the inspection for
					 the permit holder to correct priority foundation items or HACCP plan
					 deviations.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3940 - 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 priority item, priority foundation item, or a HACCP plan
					 deviation, the department shall enter the observation and information about the
					 corrective action on the inspection report.
B. As specified under
					 12VAC5-421-3930
					 B, after receiving notification that the permit holder has corrected a priority
					 item, priority foundation item, or a HACCP plan deviation, or at the end of the
					 specified period of time, the department shall verify correction, document the
					 information on an inspection report, and enter the report in the department
					 records.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3950 - Core item, timeframe for correction

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as specified in subsection B of
					 this section, the permit holder 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 permit holder and no health hazard exists or
					 will result from allowing an extended schedule for compliance.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3960

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3961 - Hold order, justifying conditions, and removal of food

Current through Register Vol. 40, No. 24, July 15, 2024
Upon written notice to the owner, permit holder, or
						person in charge, the department may place a hold order on food that:
1. Originated from an unapproved
					 source;
2. May be unsafe,
					 adulterated, or not honestly presented; or
3. Is not otherwise in compliance with this
					 chapter.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3962 - Hold order, contents

Current through Register Vol. 40, No. 24, July 15, 2024
The hold order notice shall:
1. State food subject to the order may not be
					 used, sold, moved from the food establishment, or destroyed without a written
					 release of the order from the department;
2. State the specific reasons for placing the
					 food under the hold order with reference to the applicable provisions of this
					 chapter and the hazard or adverse effect created by the observed
					 condition;
3. Sufficiently identify
					 the food subject to the hold order by the common name, the label information, a
					 container description, quantity, department's tag or identification
					 information, and location; and
4.
					 Notify the permit holder of the right to request an informal fact-finding
					 conference pursuant to the Virginia Administrative Process Act (§
											2.2-4000 et
					 seq. of the Code of Virginia) within 10 calendar days of receipt of the hold
					 order notice. Otherwise, the food under the hold order shall be destroyed by
					 the owner, permit holder, or the person in charge.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3963 - Hold order, official tagging of food

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall securely place an
					 official tag or label on the food or containers or otherwise conspicuously
					 identity food subject to the hold order.
B. The tag or label used to identify a food
					 subject to a hold order shall include a summary of the provisions specified in
					 12VAC5-421-3962 and shall be signed and dated by the department.
C. Only the department may remove hold order
					 tags, labels, or other identification from food subject to a hold
					 order.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3964 - Hold order, food may not be used or moved

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as specified in subsection B of
					 this section, food placed under a hold order may not be used, sold, served, or
					 moved from the food establishment.
B. The department may allow the permit holder
					 to store the food in an area of the food establishment if the food is protected
					 from subsequent deterioration.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3965 - Appeals, releasing hold order

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any appeal of a hold order must be made in
					 writing and received by the department within 10 calendar days of receipt of
					 the hold order.
B. The department
					 shall issue a notice of release from a hold order and shall remove hold tags,
					 labels, or other identification from the food if the hold order is
					 lifted.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3966 - Destroying or denaturing food

Current through Register Vol. 40, No. 24, July 15, 2024
The department may order the permit holder to bring food
						under a hold order into compliance with this chapter or to destroy or denature
						food if:
1. Following an informal
					 fact-finding conference held pursuant to the Virginia Administrative Process
					 Act (§
											2.2-4000 et
					 seq. of the Code of Virginia) the director affirms the hold order; or
2. The permit holder fails to file an appeal
					 within 10 calendar days of receipt of the hold order notice.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3970 - Enforcement of regulation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department is responsible for the implementation and enforcement of this
					 chapter.
B. Pursuant to the authority granted
					 in §§
												32.1-26
					 and
					 35.1-6 of the Code of
					 Virginia, the commissioner may issue orders to require any owner or permit
					 holder or other person to comply with the provisions of this chapter. The order
					 may require the following:
1. The
					 immediate cessation and correction of the violation;
2. Appropriate remedial action to ensure that
					 the violation does not continue or recur;
3. The submission of a plan to prevent future
					 violations;
4. The submission of an
					 application for a variance; and
5.
					 Any other corrective action deemed necessary for proper compliance with the
					 regulations.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3980 - Request for informal fact-finding conference

Current through Register Vol. 40, No. 24, July 15, 2024
A request for an informal fact-finding conference shall
						be made by sending the request in writing to the district or local health
						department in the locality where the food establishment is located. Requests
						for an informal fact-finding conference shall cite the reason or reasons for
						the request and shall cite the section or sections of this chapter involved and
						must be received within 30 days of the decision by the department that lead to
						the request.
Statutory Authority: §§ 35.1-11 and 35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-3990

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 35.1-11 and 35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-4000 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any appeal from
					 a denial of a permit to operate a food establishment must be made in writing
					 and received by the department within 30 days after service of the
					 denial.
B. Pursuant to the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) an
					 aggrieved owner or permit holder may appeal a final case decision of the
					 commissioner to an appropriate circuit court.
NOTICE: The following forms used in administering the
						regulation were filed by the agency. The forms are not being published;
						however, online users of this issue of the Virginia Register of Regulations may
						click on the name of a form with a hyperlink to access it. The forms are also
						available from the agency contact or may be viewed at the Office of the
						Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond,
						Virginia 23219.
Statutory Authority: §§ 35.1-11 and 35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-4010

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 4 - Inspection and Correction of Violations › Section 12VAC5-421-4020 - Compliance with the Uniform Statewide Building Code

Current through Register Vol. 40, No. 24, July 15, 2024
All buildings or structures utilized as food
						establishments constructed prior to the effective date of the Virginia Uniform
						Statewide Building Code shall be maintained in conformance with the Virginia
						Fire Safety Law or other code in effect at the time of
						construction.
Statutory Authority: §§
													35.1-11 and
						  35.1-14
						  of the Code of Virginia.