reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VI - Physical Facilities › Article 2 - Design, Construction, and Installation › Section 12VAC5-421-2960 - Outdoor servicing areas, overhead protection

Current through Register Vol. 40, No. 24, July 15, 2024
Except for areas used only for the loading of water or
						the discharge of sewage or other liquid waste, through the use of a closed
						system of hoses, servicing areas shall be provided with overhead
						protection.
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 VI - Physical Facilities › Article 2 - Design, Construction, and Installation › Section 12VAC5-421-2970 - Outdoor walking and driving surfaces, graded to drain

Current through Register Vol. 40, No. 24, July 15, 2024
Exterior walking and driving surfaces shall be graded to
						drain.
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 VI - Physical Facilities › Article 2 - Design, Construction, and Installation › Section 12VAC5-421-2980 - Outdoor refuse areas, curbed and graded to drain

Current through Register Vol. 40, No. 24, July 15, 2024
Outdoor refuse areas shall be constructed in accordance
						with law and shall be curbed and graded to drain to collect and dispose of
						liquid waste that results from the refuse and from cleaning the area and waste
						receptacles.
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 VI - Physical Facilities › Article 2 - Design, Construction, and Installation › Section 12VAC5-421-2990 - Private homes and living or sleeping quarters, use prohibition

Current through Register Vol. 40, No. 24, July 15, 2024
A private home, a room used as living or sleeping
						quarters, or an area directly opening into a room used as living or sleeping
						quarters shall not be used for conducting food establishment
						operations.P
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 VI - Physical Facilities › Article 2 - Design, Construction, and Installation › Section 12VAC5-421-3000 - Living or sleeping quarters, separation

Current through Register Vol. 40, No. 24, July 15, 2024
Living or sleeping quarters located on the premises of a
						food establishment such as those provided for lodging registration clerks or
						resident managers shall be separated from rooms and areas used for food
						establishment operations by complete partitioning and solid self-closing
						doors.
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 VI - Physical Facilities › Article 3 - Numbers and Capacities › Section 12VAC5-421-3020 - Handwashing cleanser, availability

Current through Register Vol. 40, No. 24, July 15, 2024
Each handwashing sink or group of two adjacent
						handwashing sinks shall be provided with a supply of hand cleaning liquid,
						powder, or bar soap.Pf
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 VI - Physical Facilities › Article 3 - Numbers and Capacities › Section 12VAC5-421-3030 - Hand drying provision

Current through Register Vol. 40, No. 24, July 15, 2024
Each handwashing sink or group of adjacent handwashing
						sinks shall be provided with:
1.
					 Individual, disposable towels;Pf
2. A continuous towel system that supplies
					 the user with a clean towel; 
					 Pf
3. A heated-air hand drying
					 device;Pf or
4. A hand drying device that employs an
					 air-knife system that delivers high-velocity, pressurized air at ambient
					 temperatures.Pf
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 VI - Physical Facilities › Article 3 - Numbers and Capacities › Section 12VAC5-421-3040 - Handwashing aids and devices, use restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
A sink used for food preparation or utensil washing, or a
						service sink or curbed cleaning facility used for the disposal of mop water or
						similar wastes, shall not be provided with the handwashing aids and devices
						required for a handwashing sink as specified under
						12VAC5-421-3020,
						12VAC5-421-3030,
						and
						12VAC5-421-2650
						C.
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 VI - Physical Facilities › Article 3 - Numbers and Capacities › Section 12VAC5-421-3045 - Handwashing signage

Current through Register Vol. 40, No. 24, July 15, 2024
A sign or poster that notifies food employees to wash
						their hands shall be provided at all handwashing sinks used by food employees
						and shall be clearly visible to food employees.
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 VI - Physical Facilities › Article 3 - Numbers and Capacities › Section 12VAC5-421-3070 - Toilet tissue, availability

Current through Register Vol. 40, No. 24, July 15, 2024
A supply of toilet tissue shall be available at each
						toilet.Pf
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 VI - Physical Facilities › Article 3 - Numbers and Capacities › Section 12VAC5-421-3080 - Lighting, intensity

Current through Register Vol. 40, No. 24, July 15, 2024
The light intensity shall be:
1. At least 10 foot candles (108 lux) at a
					 distance of 30 inches (75 cm) above the floor, in walk-in refrigeration units
					 and dry food storage areas and in other areas and rooms during periods of
					 cleaning;
2. At least 20 foot
					 candles (215 lux):
a. At a surface where food
					 is provided for consumer self-service such as buffets and salad bars or where
					 fresh produce or packaged foods are sold or offered for consumption;
b. Inside equipment such as reach-in and
					 under-counter refrigerators;
c. At
					 a distance of 30 inches (75 cm) above the floor in areas used for handwashing,
					 warewashing, and equipment and utensil storage, and in toilet rooms;
					 and
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VI - Physical Facilities › Article 3 - Numbers and Capacities › Section 12VAC5-421-3090 - Ventilation, mechanical

Current through Register Vol. 40, No. 24, July 15, 2024
If necessary to keep rooms free of excessive heat,
						steam, condensation, vapors, obnoxious odors, smoke, and fumes, mechanical
						ventilation of sufficient capacity shall be provided.
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 VI - Physical Facilities › Article 3 - Numbers and Capacities › Section 12VAC5-421-3100 - Dressing areas and lockers, designation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Dressing rooms or dressing areas shall be
					 designated if employees routinely change their clothes in the
					 establishment.
B. Lockers or other
					 suitable facilities shall be provided for the orderly storage of employees'
					 clothing and other possessions.
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 VI - Physical Facilities › Article 4 - Location and Placement › Section 12VAC5-421-3130 - Toilet rooms, convenience and accessibility

Current through Register Vol. 40, No. 24, July 15, 2024
Toilet rooms shall be conveniently located and accessible
						to employees during all hours of operation. Toilet rooms intended for use by
						customers shall not necessitate travel through food preparation or handling
						areas.
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 VI - Physical Facilities › Article 4 - Location and Placement › Section 12VAC5-421-3140 - Employee accommodations, designated areas

Current through Register Vol. 40, No. 24, July 15, 2024
A. Areas designated for employees to eat,
					 drink, and use tobacco shall be located so that food, equipment, linens, and
					 single-service and single-use articles are protected from
					 contamination.
B. Lockers or other
					 suitable facilities shall be located in a designated room or area where
					 contamination of food, equipment, utensils, linens, and single-service and
					 single-use articles can not occur.
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 VI - Physical Facilities › Article 4 - Location and Placement › Section 12VAC5-421-3150 - Distressed merchandise, segregation and location

Current through Register Vol. 40, No. 24, July 15, 2024
Products that are held by the permit holder for credit,
						redemption, or return to the distributor, such as damaged, spoiled, or recalled
						products, shall be segregated and held in designated areas that are separated
						from food, equipment, utensils, linens, and single-service and single-use
						articles.Pf
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 VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3170 - Repairing

Current through Register Vol. 40, No. 24, July 15, 2024
The physical facilities shall be maintained in good
						repair.
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 VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3180 - Cleaning, frequency and restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The physical facilities shall be cleaned
					 as often as necessary to keep them clean.
B. Except for cleaning that is necessary due
					 to a spill or other accident, cleaning shall be done during periods when the
					 least amount of food is exposed such as after closing.
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 VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3190 - Cleaning floors, dustless methods

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as specified in subsection B of
					 this section, only dustless methods of cleaning shall be used, such as wet
					 cleaning, vacuum cleaning, mopping with treated dust mops, or sweeping using a
					 broom and dust-arresting compounds.
B. Spills or drippage on floors that occur
					 between normal floor cleaning times may be cleaned:
1. Without the use of dust-arresting
					 compounds; and
2. In the case of
					 liquid spills or drippage, with the use of a small amount of absorbent compound
					 such as sawdust or diatomaceous earth applied immediately before spot
					 cleaning.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3200 - Cleaning ventilation systems, nuisance and discharge prohibition

Current through Register Vol. 40, No. 24, July 15, 2024
A. Intake and
					 exhaust air ducts shall be cleaned and filters changed so they are not a source
					 of contamination by dust, dirt, and other materials.
B. If vented to the outside, ventilation
					 systems shall not create a public health hazard or nuisance or unlawful
					 discharge.
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 VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3210 - Cleaning maintenance tools, preventing contamination

Current through Register Vol. 40, No. 24, July 15, 2024
Food preparation sinks, handwashing lavatories, and
						warewashing equipment shall not be used for the cleaning of maintenance tools,
						the preparation or holding of maintenance materials, or the disposal of mop
						water and similar liquid wastes.Pf
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 VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3220 - Drying mops

Current through Register Vol. 40, No. 24, July 15, 2024
After use, mops shall be placed in a position that
						allows them to air-dry without soiling walls, equipment, or
						supplies.
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 VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3230 - Absorbent materials on floors, use limitation

Current through Register Vol. 40, No. 24, July 15, 2024
Except as specified in
						12VAC5-421-3190 B, sawdust, wood
						shavings, granular salt, baked clay, diatomaceous earth, or similar materials
						shall not be used on floors.
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 VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3240 - Cleaning of plumbing fixtures

Current through Register Vol. 40, No. 24, July 15, 2024
Plumbing fixtures such as handwashing sinks, toilets,
						and urinals shall be cleaned as often as necessary to keep them clean and
						maintained and used as specified under
						12VAC5-421-2310.
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 VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3250 - Closing toilet room doors

Current through Register Vol. 40, No. 24, July 15, 2024
Toilet room doors as specified under
						12VAC5-421-2920 shall be kept
						closed except during cleaning and maintenance operations unless otherwise
						required by other regulations or 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 VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3260 - Using dressing rooms and lockers

Current through Register Vol. 40, No. 24, July 15, 2024
A. Dressing rooms shall be used by employees
					 if the employees regularly change their clothes in the establishment.
B. Lockers or other suitable facilities shall
					 be used for the orderly storage of employee clothing and other
					 possessions.
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 VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3270 - Controlling pests

Current through Register Vol. 40, No. 24, July 15, 2024
The presence of insects, rodents, and other pests shall
						be controlled to minimize their presence on the premises by:
1. Routinely inspecting incoming shipments of
					 food and supplies;
2. Routinely
					 inspecting the premises for evidence of pests;
3. Using methods, if pests are found, such as
					 trapping devices or other means of pest control as specified under
					 12VAC5-421-3360,
					 12VAC5-421-3440, and
					 12VAC5-421-3450;Pf
					 and
4. Eliminating harborage
					 conditions.
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 VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3280 - Removing dead or trapped birds, insects, rodents, and other pests

Current through Register Vol. 40, No. 24, July 15, 2024
Dead or trapped birds, insects, rodents, and other pests
						shall be removed from control devices and the premises at a frequency that
						prevents their accumulation, decomposition, or the attraction of
						pests.
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 VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3290 - Storing maintenance tools

Current through Register Vol. 40, No. 24, July 15, 2024
Maintenance tools such as brooms, mops, vacuum cleaners,
						and similar items shall be:
1. Stored
					 so they do not contaminate food, equipment, utensils, linens, and
					 single-service and single-use articles; and
2. Stored in an orderly manner that
					 facilitates cleaning the area used for storing the maintenance tools.
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 VI - Physical Facilities › Article 5 - Maintenance and Operation › Section 12VAC5-421-3300 - Maintaining premises, unnecessary items and litter

Current through Register Vol. 40, No. 24, July 15, 2024
The premises shall be free of:
1. Items that are unnecessary to the
					 operation or maintenance of the establishment such as equipment that is
					 nonfunctional or no longer used; and
2. Litter.
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 VII - Poisonous or Toxic Materials › Article 1 - Labeling and Identification › Section 12VAC5-421-3320 - Original containers - identifying information, prominence

Current through Register Vol. 40, No. 24, July 15, 2024
Containers of poisonous or toxic materials and personal
						care items shall bear a legible manufacturer's
						label.Pf
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 VII - Poisonous or Toxic Materials › Article 1 - Labeling and Identification › Section 12VAC5-421-3330 - Working containers - common name

Current through Register Vol. 40, No. 24, July 15, 2024
Working containers used for storing poisonous or toxic
						materials such as cleaners and sanitizers taken from bulk supplies shall be
						clearly and individually identified with the common name of the
						material.Pf
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3340 - Storage, separation

Current through Register Vol. 40, No. 24, July 15, 2024
Poisonous or toxic materials shall be stored so they
						cannot contaminate food, equipment, utensils, linens, and single-service and
						single-use articles by:
1. Separating
					 the poisonous or toxic materials by spacing or partitioning; 
					  P and
2. Locating the poisonous or toxic materials
					 in an area that is not above food, equipment, utensils, linens, and
					 single-service or single-use articles. This subsection does not apply to
					 equipment and utensil cleaners and sanitizers that are stored in warewashing
					 areas for availability and convenience if the materials are stored to prevent
					 contamination of food, equipment, utensils, linens, and single-service and
					 single-use articles.P
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3350 - Presence and use restriction

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Only those poisonous or toxic materials that are required for the operation and
					 maintenance of a food establishment, such as for the cleaning and sanitizing of
					 equipment and utensils and the control of insects and rodents, shall be allowed
					 in a food establishment.Pf
B. Subsection A of this section does not
					 apply to packaged poisonous or toxic materials that are for retail
					 sale.
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3360 - Conditions of use

Current through Register Vol. 40, No. 24, July 15, 2024
Poisonous or toxic materials shall be:
1. Used according to:
a. Law and this chapter;
b. Manufacturer's use directions included in
					 labeling, and, for a pesticide, manufacturer's label instructions that state
					 that use is allowed in a food
					 establishment;P
c. The conditions of certification, if
					 certification is required, for use of the pest control
					 materials;P and
d. Additional conditions that may be
					 established by the department; and
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3370 - Poisonous or toxic material containers

Current through Register Vol. 40, No. 24, July 15, 2024
A container previously used to store poisonous or toxic
						materials shall not be used to store, transport, or dispense
						food.P
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3380 - Sanitizers, criteria

Current through Register Vol. 40, No. 24, July 15, 2024
Chemical sanitizers, including chemical sanitizing
						solutions generated on site, and other chemical antimicrobials applied to
						food-contact surfaces shall :
1. Meet
					 the requirements specified in
					 40 CFR
					 180.940,P
					 or
2. Meet the requirements as
					 specified in 40 CFR
					 180.2020.P
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3390 - Chemicals for washing, treatment, storage, and processing fruits and vegetables, criteria

Current through Register Vol. 40, No. 24, July 15, 2024
Chemicals, including those generated on site, used to
						wash or peel raw, whole fruits and vegetables or used in the treatment,
						storage, and processing of fruits and vegetables shall:
1. Be an approved food additive listed for
					 this intended use in 21 CFR Part 173;P or
2. Be generally recognized as safe (GRAS) for
					 this intended use;P or
3. Be the subject of an effective food
					 contact notification for this intended use (only effective for the manufacturer
					 or supplier identified in the notification);P
					 and
4. Meet the requirements in 40
					 CFR Part 156.P
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3400 - Boiler water additives, criteria

Current through Register Vol. 40, No. 24, July 15, 2024
Chemicals used as boiler water additives shall meet the
						requirements specified in 21
						CFR
						173.310.P
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3410 - Drying agents, criteria

Current through Register Vol. 40, No. 24, July 15, 2024
Drying agents used in conjunction with sanitization
						shall:
1. Contain only components that
					 are listed as one of the following:
a.
					 Generally recognized as safe (GRAS) for use in food as specified in 21 CFR Part
					 182 or 21 CFR Part 184,P
b. GRAS for the intended use as specified in
					 21 CFR Part 186,P
c. GRAS for the intended use as determined by
					 experts qualified in scientific training and experience to evaluate the safety
					 of substances added, directly or indirectly, to food as described in
					 21
					 CFR 170.30, 
					 P
d. Subject of an effective Food Contact
					 Notification as described in the Federal Food Drug and Cosmetic Act (FFDCA)
					 § 409(h),P
e. Approved for use as a drying agent under a
					 prior sanction specified in 21 CFR Part 181 as specified in the Federal Food
					 Drug and Cosmetic Act (FFDCA) §
					 201(s)(4),P
f. Specifically regulated as an indirect food
					 additive for use as a drying agent as specified in 21 CFR Parts 174 through
					 178,P or
g. Approved for use as a drying agent under
					 the threshold of regulation process established by
					 21
					 CFR 170.39;P
					 and
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3420 - Lubricants - incidental food contact, criteria

Current through Register Vol. 40, No. 24, July 15, 2024
Lubricants shall meet the requirements specified in
						21 CFR
						178.3570 if they are used on food-contact
						surfaces, on bearings and gears located on or within food-contact surfaces, or
						on bearings and gears that are located so that lubricants may leak, drip, or be
						forced into food or onto food-contact
						surfaces.P
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3430 - Restricted use pesticides, criteria

Current through Register Vol. 40, No. 24, July 15, 2024
Restricted use pesticides specified under subdivision 3
						of 12VAC5-421-3360 shall meet the
						requirements specified in 40 CFR Part 152, Subpart I
						.P
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3440 - Rodent bait stations

Current through Register Vol. 40, No. 24, July 15, 2024
Rodent bait shall be contained in a covered,
						tamper-resistant bait station.P
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3450 - Tracking powders, pest control, and monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as specified in subsection B of
					 this section, a tracking powder pesticide shall not be used in a food
					 establishment.P
B. If used, a nontoxic tracking powder such
					 as talcum or flour shall not contaminate food, equipment, utensils, linens, and
					 single-service and single-use articles.
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3460 - Medicines - restriction and storage

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except for medicines that are stored or
					 displayed for retail sale, only those medicines that are necessary for the
					 health of employees shall be allowed in a food
					 establishment.Pf
B. Medicines that are in a food establishment
					 for the employees' use shall be labeled as specified under
					 12VAC5-421-3320 and located to
					 prevent the contamination of food, equipment, utensils, linens, and
					 single-service and single-use articles.P
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3470 - Refrigerated medicines, storage

Current through Register Vol. 40, No. 24, July 15, 2024
Medicines belonging to employees or to children in a day
						care center that require refrigeration and are stored in a food refrigerator
						shall be:
1. Stored in a package or
					 container and kept inside a covered, leakproof container that is identified as
					 a container for the storage of medicines;P
					 and
2. Located so they are
					 inaccessible to children.P
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3480 - First aid supplies, storage

Current through Register Vol. 40, No. 24, July 15, 2024
First aid supplies that are in a food establishment for
						the employees' use shall be:
1.
					 Labeled as specified under
					 12VAC5-421-3320;Pf
					 and
2. Stored in a kit or a
					 container that is located to prevent the contamination of food, equipment,
					 utensils, and linens, and single-service and single-use
					 articles.P
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 VII - Poisonous or Toxic Materials › Article 2 - Operational Supplies and Applications › Section 12VAC5-421-3490 - Other personal care items, storage

Current through Register Vol. 40, No. 24, July 15, 2024
Except as specified under
						12VAC5-421-3470 and
						12VAC5-421-3480, employees shall
						store their personal care items in facilities as specified under
						12VAC5-421-3100
						B.
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 VII - Poisonous or Toxic Materials › Article 3 - Stock and Retail Sale › Section 12VAC5-421-3500 - Storage and display, separation

Current through Register Vol. 40, No. 24, July 15, 2024
Poisonous or toxic materials shall be stored and
						displayed for retail sale so they cannot contaminate food, equipment, utensils,
						linens, and single-service and single-use articles by:
1. Separating the poisonous or toxic
					 materials by spacing or partitioning;P and
2. Locating the poisonous or toxic materials
					 in an area that is not above food, equipment, utensils, linens, and
					 single-service or single-use articles.P
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 1 - Applicability of Chapter › Section 12VAC5-421-3510 - Public health protection

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 The department shall apply this chapter to promote its underlying purpose, as
					 specified in
					 12VAC5-421-30,
					 of safeguarding public health and ensuring that food is safe, unadulterated and
					 honestly presented when offered to the consumer.
B. In enforcing the provisions of this
					 regulation, the department shall assess existing facilities or equipment that
					 were in use before June 10, 2021, based on the following considerations:
1. Whether the facilities or equipment are in
					 good repair and capable of being maintained in a sanitary condition;
2. Whether food-contact surfaces comply with
					 12VAC5-421-960
					 through
					 12VAC5-421-1060;
					 and
3. Whether the capacities of
					 cooling, heating, and holding equipment are sufficient to comply with
					 12VAC5-421-1450.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 1 - Applicability of Chapter › Section 12VAC5-421-3520 - Preventing health hazards, provision for conditions not addressed

Current through Register Vol. 40, No. 24, July 15, 2024
A. If necessary to
					 protect against public health hazards or nuisances, the department may impose
					 specific requirements in addition to the requirements contained in this
					 regulation that are authorized by law.
B. The department shall document the
					 conditions that necessitate the imposition of additional requirements and the
					 underlying public health rationale. The documentation shall be provided to the
					 permit applicant or permit holder and a copy shall be maintained in the
					 department's file for the food establishment.
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 1 - Applicability of Chapter › Section 12VAC5-421-3530 - Application of Administrative Process Act

Current through Register Vol. 40, No. 24, July 15, 2024
The provisions of the Virginia Administrative Process
						Act (§ 2.2-4000 et seq. of the Code of Virginia) shall govern the
						procedures for rendering all case decisions, as defined in § 2.2-4001, and
						for issuing all orders and regulations promulgated pursuant to the authority of
						Title 35.1.
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 1 - Applicability of Chapter › Section 12VAC5-421-3550

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 1 - Applicability of Chapter › Section 12VAC5-421-3560

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 1 - Applicability of Chapter › Section 12VAC5-421-3570 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner
					 or his designee may grant a variance to this chapter by following the
					 appropriate procedures set forth in this section and
					 12VAC5-421-3580.
B. The commissioner or the commissioner's
					 designee may grant a variance if he finds that the hardship imposed, which may
					 be economic, outweighs the benefits that may be received by the public and that
					 granting such a variance does not subject the public to unreasonable health
					 risks or environmental pollution.
C. Any owner or permit holder who seeks a
					 variance shall apply in writing. The request shall be sent to the local health
					 department. The application shall include:
1.
					 A citation to the regulation from which a variance is requested;
2. The nature and duration of the variance
					 requested;
3. Any relevant
					 analytical results including result of relevant tests conducted pursuant to the
					 requirements of these regulations;
4. Statements or evidence which establishes
					 that the public health, welfare and environment would not be adversely affected
					 if the variance were granted;
5.
					 Suggested conditions that might be imposed on the granting of a variance that
					 would limit the detrimental impact on the public health and welfare;
6. A HACCP plan if required as specified
					 under
					 12VAC5-421-3620
					 A that includes the information specified under
					 12VAC5-421-3630
					 as it is relevant to the variance requested.
7. Other information believed pertinent by
					 the applicant; and
8. Such other
					 information as the district or local health department or commissioner may
					 require.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 1 - Applicability of Chapter › Section 12VAC5-421-3580 - Evaluation of a variance application

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner shall act on any variance
					 request submitted pursuant to
					 12VAC5-421-3570 C
					 within 60 days of receipt of the request.
B. In evaluating a variance application, the
					 commissioner shall consider such factors as the following:
1. The effect that such a variance would have
					 on the operation of the food establishment.
2. The cost and other economic considerations
					 imposed by this requirement;
3. The
					 effect that such a variance would have on protection of the public health,
					 safety, welfare and the environment;
4. Such other factors as the commissioner,
					 deputy commissioner, or director of the office of environmental health services
					 may deem appropriate.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part VIII - Compliance and Enforcement › Article 1 - Applicability of Chapter › Section 12VAC5-421-3590 - Disposition of a variance request

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the commissioner proposes to deny the
					 variance he shall provide the owner an opportunity to an informal fact-finding
					 conference as provided in § 2.2-4019 of the Code of Virginia. Following
					 this opportunity for an informal fact-finding conference the commissioner may
					 reject any application for a variance by sending a rejection notice to the
					 applicant. The rejection notice shall be in writing and shall state the reasons
					 for the rejection.
B. If the
					 commissioner proposes to grant a variance request submitted pursuant to this
					 part, the applicant shall be notified in writing of this decision. Such notice
					 shall identify the variance, the food establishment involved, and shall specify
					 the period of time for which the variance will be effective. Such notice shall
					 provide that the variance will be terminated when the food establishment comes
					 into compliance with the applicable regulation and may be terminated upon a
					 finding by the commissioner that the food establishment has failed to comply
					 with any requirements or schedules issued in conjunction with the variance. The
					 effective date of the variance shall be as noted in the variance
					 letter.
C. All variances granted to
					 any food establishment may not be transferable unless otherwise stated. Each
					 variance shall be attached to the permit to operate and posted prominently in a
					 conspicuous place for public view.
D. No owner or permit holder may challenge
					 the terms or conditions of a variance after 30 calendar days have elapsed from
					 the receipt of the variance.
E.
					 Each variance is revoked when the permit to operate is revoked, suspended, or
					 expired.
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 1 - Applicability of Chapter › Section 12VAC5-421-3595 - Conformance with approved procedures

Current through Register Vol. 40, No. 24, July 15, 2024
If the commissioner or the commissioner's designee grants
						a variance as specified in
						12VAC5-421-3570, or a
						HACCP plan is otherwise required as specified under
						12VAC5-421-3620,
						the permit holder shall:
1. Comply
					 with the HACCP plans and procedures that are submitted as specified under
					 12VAC5-421-3630
					 and approved as a basis for the variance;P
					 and
2. Maintain and provide to the
					 department, upon request, records specified under subdivisions 4 and 5 c of
					 12VAC5-421-3630
					 that demonstrate that the following are routinely employed:
a. Procedures for monitoring the critical
					 control points;PF
b. Monitoring of the critical control
					 points;PF
c. Verification of the effectiveness of the
					 operation or process;PF and
d. Necessary corrective actions if there is
					 failure at the critical control point. 
					 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 12VAC5-421-3600 - Facility and operating plans

Current through Register Vol. 40, No. 24, July 15, 2024
A permit applicant or permit holder shall submit to the
						department properly prepared plans and specifications for review and approval
						before:
1. The construction of a food
					 establishment;Pf
2. The conversion of an existing structure
					 for use as a food establishment;Pf or
3. The remodeling of a food establishment or
					 a change of type of food establishment or food operation as specified under
					 subdivision 3 of
					 12VAC5-421-3700
					 if the department determines that plans and specifications are necessary to
					 ensure compliance with this chapter.Pf
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 12VAC5-421-3610 - Contents of the plans and specifications

Current through Register Vol. 40, No. 24, July 15, 2024
The plans and specifications for a food establishment,
						including a food establishment specified under
						12VAC5-421-3620,
						shall include, as required by the department based on the type of operation,
						type of food preparation, and foods prepared, the following information to
						demonstrate conformance with the provisions of this chapter:
1. Intended menu;
2. Anticipated volume of food to be stored,
					 prepared, and sold or served;
3.
					 Proposed layout, mechanical schematics, construction materials, and finish
					 schedules;
4. Proposed equipment
					 types, manufacturers, model numbers, locations, dimensions, performance
					 capacities, and installation specifications;
5. Evidence that standard procedures ensuring
					 compliance with the requirements of this chapter are developed or are being
					 developed; and
6. Other information
					 that may be required by the department for the proper review of the proposed
					 construction, conversion or modification, and procedures for operating a food
					 establishment.
Statutory Authority: §§
													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 12VAC5-421-3620 - When a HACCP plan is required

Current through Register Vol. 40, No. 24, July 15, 2024
A. Before engaging in an activity that
					 requires a HACCP plan, a permit applicant or permit holder shall submit to the
					 department for approval a properly prepared HACCP plan as specified under
					 12VAC5-421-3630
					 and the relevant provisions of this chapter if:
1. Submission of a HACCP plan is required
					 according to law;
2. A variance is
					 required as specified under
					 12VAC5-421-700 D
					 4,12VAC5-421-860,
					 or
					 12VAC5-421-1300
					 B; or
3. The department determines
					 that a food preparation or processing method requires a variance based on a
					 plan submittal specified under
					 12VAC5-421-3610,
					 an inspectional finding, or a variance request.