Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 421 - FOOD REGULATIONS › Part I - Definitions, Purpose and Administration › Section 12VAC5-421-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Section
				  35.1-1 of the Code of
				  Virginia provides definitions of the following terms and phrases as used in
				  this chapter.
"Board"
"Commissioner"
"Department"
B. For the purposes of implementing this
				  chapter, the term "food establishment" as defined herein is equivalent to the
				  term "restaurant" as defined in 35.1-1 of the Code of Virginia.
C. The following words and terms when used in
				  this chapter shall have the following meanings unless the context clearly
				  indicates otherwise.
"Accredited program" means a food protection manager
					 certification program that has been evaluated and listed by an accrediting
					 agency as conforming to national standards that certify individuals.
					 "Accredited program" refers to the certification process and is a designation
					 based upon an independent evaluation of factors such as the sponsor's mission;
					 organizational structure; staff resources; revenue sources; policies; public
					 information regarding program scope, eligibility requirements, recertification,
					 discipline and grievance procedures; and test development and administration.
					 "Accredited program" does not refer to training functions or educational
					 programs.
"Additive" means either a (i) "food additive" having the
					 meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(s) and
					 21
					 CFR 170.3(e)(1) or (ii)
					 "color additive" having the meaning stated in the Federal Food, Drug, and
					 Cosmetic Act, § 201(t) and
					 21
					 CFR 70.3(f).
"Adulterated" has the meaning stated in the Federal Food,
					 Drug, and Cosmetic Act, § 402.
"Agent" means a legally authorized representative of the
					 owner.
"Approved" means acceptable to the department based on a
					 determination of conformity with principles, practices, and generally
					 recognized standards that protect public health.
"Approved water system" means a permitted waterworks
					 constructed, maintained, and operated pursuant to 12VAC5-590, Waterworks
					 Regulations; or a private well constructed, maintained, and operated pursuant
					 to 12VAC5-630, Private Well Regulations.
"Asymptomatic" means without obvious symptoms; not showing
					 or producing indications of a disease or other medical condition, such as an
					 individual infected with a pathogen but not exhibiting or producing any signs
					 or symptoms of vomiting, diarrhea, or jaundice. Asymptomatic includes not
					 showing symptoms because symptoms have resolved or subsided, or because
					 symptoms never manifested.
"aw" means water activity that is a
					 measure of the free moisture in a food, is the quotient of the water vapor
					 pressure of the substance divided by the vapor pressure of pure water at the
					 same temperature, and is indicated by the symbol
					 aw.
"Balut" means an embryo inside a fertile egg that has been
					 incubated for a period sufficient for the embryo to reach a specific stage of
					 development after which it is removed from incubation before hatching.
"Bed and breakfast operation" means a residential-type
					 establishment that provides (i) two or more rental accommodations for transient
					 guests and food service to a maximum of 18 transient guests on any single day
					 for five or more days in any calendar year or (ii) at least one rental
					 accommodation for transient guests and food service to a maximum of 18
					 transient guests on any single day for 30 or more days in any calendar
					 year.
"Beverage" means a liquid for drinking, including
					 water.
"Bottled drinking water" means water that is sealed in
					 bottles, packages, or other containers and offered for sale for human
					 consumption, including bottled mineral water.
"Building official" means a representative of the
					 Department of Housing and Community Development.
"Casing" means a tubular container for sausage products
					 made of either natural or artificial (synthetic) material.
"Catering operation" means a person who contracts with a
					 client to prepare a specific menu and amount of food in a permitted food
					 establishment for service to the client's guests or customers at a service
					 location different from the permitted food establishment. Catering may also
					 include cooking or performing final preparation of food at the service
					 location.
"Catering operation" does not include:
1. A private chef or cook who, as the
				  employee of a consumer, prepares food solely in the consumer's home.
2. Delivery service of food by an approved
				  and permitted food establishment to an end consumer.
"Certification number" means a unique combination of
					 letters and numbers assigned by a shellfish control authority to a molluscan
					 shellfish dealer according to the provisions of the National Shellfish
					 Sanitation Program.
"CFR" means Code of Federal Regulations. Citations in this
					 chapter to the CFR refer sequentially to the title, part, and section number,
					 such as 40 CFR 180.194 refers to Title 40, Part 180, Section 194.
"Clean in Place" or "CIP" means cleaned in place by the
					 circulation or flowing by mechanical means through a piping system of a
					 detergent solution, water rinse, and sanitizing solution onto or over equipment
					 surfaces that require cleaning, such as the method used, in part, to clean and
					 sanitize a frozen dessert machine. "CIP" does not include the cleaning of
					 equipment such as band saws, slicers or mixers that are subjected to in-place
					 manual cleaning without the use of a CIP system.
"Commingle" means:
1. To combine shellstock harvested on
				  different days or from different growing areas as identified on the tag or
				  label; or
2. To combine shucked
				  shellfish from containers with different container codes or different shucking
				  dates.
"Comminuted" means reduced in size by methods including
					 chopping, flaking, grinding, or mincing. "Comminuted" includes (i) fish or meat
					 products that are reduced in size and restructured or reformulated such as
					 gefilte fish, gyros, ground beef, and sausage and (ii) a mixture of two or more
					 types of meat that have been reduced in size and combined, such as sausages
					 made from two or more meats.
"Commissary" means a food establishment in which food, food
					 containers, or supplies are kept, handled, prepared, packaged, or stored for
					 distribution to satellite operations.
"Commonwealth" means the Commonwealth of Virginia.
"Conditional employee" means a potential food employee to
					 whom a job offer is made, conditional on responses to subsequent medical
					 questions or examinations designed to identify potential food employees who may
					 be suffering from a disease that can be transmitted through food and done in
					 compliance with Title 1 of the Americans with Disabilities Act of 1990.
"Confirmed disease outbreak" means a foodborne disease
					 outbreak in which laboratory analysis of appropriate specimens identifies a
					 causative agent and epidemiological analysis implicates the food as the source
					 of the illness.
"Consumer" means a person who is a member of the public,
					 takes possession of food, is not functioning in the capacity of an operator of
					 a food establishment or food processing plant, and does not offer the food for
					 resale.
"Core item" means a provision in this chapter that is not
					 designated as a priority item or a priority foundation item. Core item includes
					 an item that usually relates to general sanitation, operational controls,
					 sanitation standard operating procedures (SSOPs), facilities or structures,
					 equipment design, or general maintenance.
"Corrosion-resistant materials" means a material that
					 maintains acceptable surface cleanability characteristics under prolonged
					 influence of the food to be contacted, the normal use of cleaning compounds and
					 sanitizing solutions, and other conditions of the use environment.
"Counter-mounted equipment" means equipment that is not
					 portable and is designed to be mounted off the floor on a table, counter, or
					 shelf.
"Critical control point" means a point or procedure in a
					 specific food system where loss of control may result in an unacceptable health
					 risk.
"Critical limit" means the maximum or minimum value to
					 which a physical, biological, or chemical parameter must be controlled at a
					 critical control point to minimize the risk that the identified food safety
					 hazard may occur.
"Cut leafy greens" means fresh leafy greens whose leaves
					 have been cut, shredded, sliced, chopped, or torn. The term "leafy greens"
					 includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby
					 leaf lettuce (i.e., immature lettuce or leafy greens), escarole, endive, spring
					 mix, spinach, cabbage, kale, arugula, and chard. The term "leafy greens" does
					 not include herbs such as cilantro or parsley.
"Dealer" means a person who is authorized by a shellfish
					 control authority for the activities of a shellstock shipper, shucker-packer,
					 repacker, reshipper, or depuration processor of molluscan shellfish according
					 to the provisions of the National Shellfish Sanitation Program and is listed in
					 the U.S. Food and Drug Administration's Interstate Certified Shellfish Shippers
					 List, updated monthly (U.S. Food and Drug Administration).
"Director" means the district or local health
					 director.
"Disclosure" means a written statement that clearly
					 identifies the animal Amended foods that are, or can be ordered, raw,
					 undercooked, or without otherwise being processed to eliminate pathogens, or
					 items that contain an ingredient that is raw, undercooked, or without otherwise
					 being processed to eliminate pathogens.
"Dry storage area" means a room or area designated for the
					 storage of packaged or containerized bulk food that is not time/temperature
					 control for safety food and dry goods such as single-service items.
"Easily cleanable" means a characteristic of a surface
					 that:
1. Allows effective removal of
				  soil by normal cleaning methods;
2.
				  Is dependent on the material, design, construction, and installation of the
				  surface; and
3. Varies with the
				  likelihood of the surface's role in introducing pathogenic or toxigenic agents
				  or other contaminants into food based on the surface's approved placement,
				  purpose, and use.
"Easily cleanable" includes a tiered application of the
					 criteria that qualify the surface as easily cleanable as specified in this
					 definition to different situations in which varying degrees of cleanability are
					 required such as:
1. The
				  appropriateness of stainless steel for a food preparation surface as opposed to
				  the lack of need for stainless steel to be used for floors or for tables used
				  for consumer dining; or
2. The need
				  for a different degree of cleanability for a utilitarian attachment or
				  accessory in the kitchen as opposed to a decorative attachment or accessory in
				  the consumer dining area.
"Easily movable" means:
1. Portable; mounted on casters, gliders, or
				  rollers; or provided with a mechanical means to safely tilt a unit of equipment
				  for cleaning; and
2. Having no
				  utility connection, a utility connection that disconnects quickly, or a
				  flexible utility connection line of sufficient length to allow the equipment to
				  be moved for cleaning of the equipment and adjacent area.
"Egg" means the shell egg of avian species such as chicken,
					 duck, goose, guinea, quail, ratites, or turkey. Egg does not include a balut;
					 egg of the reptile species such as alligator; or an egg product.
"Egg product" means all, or a portion of, the contents
					 found inside eggs separated from the shell and pasteurized in a food processing
					 plant, with or without added ingredients, intended for human consumption, such
					 as dried, frozen, or liquid eggs. Egg product does not include food that
					 contains eggs only in a relatively small proportion such as cake mixes.
"Employee" means the permit holder, person in charge, food
					 employee, person having supervisory or management duties, person on the
					 payroll, family member, volunteer, person performing work under contractual
					 agreement, or other person working in a food establishment.
"EPA" means the U.S. Environmental Protection
					 Agency.
"Equipment" means an article that is used in the operation
					 of a food establishment. "Equipment" includes items such as a freezer, grinder,
					 hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink,
					 slicer, stove, table, temperature measuring device for ambient air, vending
					 machine, or warewashing machine. Equipment does not include apparatuses used
					 for handling or storing large quantities of packaged foods that are received
					 from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts,
					 dollies, pallets, racks, and skids.
"Exclude" means to prevent a person from working as an
					 employee in a food establishment or entering a food establishment as an
					 employee.
"FDA" means the U.S. Food and Drug Administration.
"Fish" means fresh or saltwater finfish, crustaceans, and
					 other forms of aquatic life (including alligator, frog, aquatic turtle,
					 jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than
					 birds or mammals, and all mollusks, if such animal life is intended for human
					 consumption and includes an edible human food product Amended in whole or in
					 part from fish, including fish that has been processed in any manner.
"Food" means (i) a raw, cooked, or processed edible
					 substance, ice, beverage, or ingredient used or intended for use or for sale in
					 whole or in part for human consumption or (ii) chewing gum.
"Foodborne disease outbreak" means the occurrence of two or
					 more cases of a similar illness resulting from the ingestion of a common
					 food.
"Food-contact surface" means a surface of equipment or a
					 utensil with which food normally comes into contact, or a surface of equipment
					 or a utensil from which food may drain, drip, or splash into a food, or onto a
					 surface normally in contact with food.
"Food employee" means an individual working with unpackaged
					 food, food equipment or utensils, or food-contact surfaces.
"Food establishment" means an operation that (i) stores,
					 prepares, packages, serves, vends food directly to the consumer, or otherwise
					 provides food to the public for human consumption, such as a restaurant,
					 satellite or catered feeding location, catering operation if the operation
					 provides food directly to a consumer or to a conveyance used to transport
					 people, market, vending location, conveyance used to transport people,
					 institution, or food bank, and (ii) relinquishes possession of food to a
					 consumer directly or indirectly through a delivery service, such as home
					 delivery of grocery orders or restaurant takeout orders, or delivery service
					 that is provided by common carriers.
"Food establishment" includes (i) an element of the
					 operation such as a transportation vehicle or a central preparation facility
					 that supplies a vending location or satellite feeding location unless the
					 vending or feeding location is permitted under this chapter; and (ii) an
					 operation that is conducted in a mobile, stationary, temporary, or permanent
					 facility or location where consumption is on or off the premises and regardless
					 of whether there is a charge for the food.
"Food establishment" does not include:
1. An establishment that offers only prepackaged food that
					 is not time/temperature control for safety food;
2. A produce stand that only offers whole, uncut fresh
					 fruits and vegetables; or
3. A food processing plant, including those that are
					 located on the premises of a food establishment.
"Food processing plant" means a commercial operation that
					 manufactures, packages, labels, or stores food for human consumption and
					 provides food for sale or distribution to other business entities such as food
					 processing plants or food establishments. Food processing plant does not
					 include a food establishment.
"Game animal" means an animal, the products of which are
					 food, that is not classified as (i) livestock, sheep, swine, goat, horse, mule,
					 or other equine in
					 9 CFR
					 301.2; (ii) poultry; or (iii) fish. "Game
					 animal" includes mammals such as reindeer, elk, deer, antelope, water buffalo,
					 bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat and nonaquatic
					 reptiles such as land snakes. "Game animal" does not include ratites.
"General use pesticide" means a pesticide that is not
					 classified by EPA for restricted use as specified in
					 40 CFR
					 152.175.
"Grade A standards" means the requirements of the Grade "A"
					 Pasteurized Milk Ordinance, 2017 Revision (U.S. Food and Drug Administration),
					 with which certain fluid and dry milk and milk products comply.
"Handwashing sink" means a lavatory, a basin or vessel for
					 washing, a wash basin, or a plumbing fixture especially placed for use in
					 personal hygiene and designed for the washing of hands. Handwashing sink
					 includes an automatic handwashing facility.
"Hazard" means a biological, chemical, or physical property
					 that may cause an unacceptable consumer health risk.
"Hazard Analysis and Critical Control Point" or "HACCP
					 plan" means a written document that delineates the formal procedures for
					 following the Hazard Analysis and Critical Control Point principles developed
					 by The National Advisory Committee on Microbiological Criteria for
					 Foods.
"Health practitioner" means a physician licensed to
					 practice medicine, or if allowed by law, a nurse practitioner, physician
					 assistant, or similar medical professional.
"Hermetically sealed container" means a container that is
					 designed and intended to be secure against the entry of microorganisms and, in
					 the case of low acid canned foods, to maintain the commercial sterility of its
					 contents after processing.
"Highly susceptible population" means persons who are more
					 likely than other people in the general population to experience foodborne
					 disease because they are:
1.
				  Immunocompromised, preschool age children, or older adults; and
2. Obtaining food at a facility that provides
				  services such as custodial care, health care, or assisted living, such as a
				  child or adult day care center, kidney dialysis center, hospital or nursing
				  home, or nutritional or socialization services such as a senior center.
"Imminent health hazard" means a significant threat or
					 danger to health that is considered to exist when there is evidence sufficient
					 to show that a product, practice, circumstance, or event creates a situation
					 that requires immediate correction or cessation of operation to prevent injury
					 based on the number of potential injuries, and the nature, severity, and
					 duration of the anticipated injury.
"Injected" means manipulating meat to which a solution has
					 been introduced into its interior by processes that are referred to as
					 "injecting," "pump marinating," or "stitch pumping."
"Intact meat" means a cut of whole muscle meat that has not
					 undergone comminution, injection, mechanical tenderization, or
					 reconstruction.
"Juice" means the aqueous liquid expressed or extracted
					 from one or more fruits or vegetables, purées of the edible portions of
					 one or more fruits or vegetables, or any concentrate of such liquid or
					 purée. Juice does not include, for purposes of HACCP, liquids,
					 purées, or concentrates that are not used as beverages or ingredients of
					 beverages.
"Kitchenware" means food preparation and storage
					 utensils.
"Law" means applicable local, state, and federal statutes,
					 regulations, and ordinances.
"Linens" means fabric items such as cloth hampers, cloth
					 napkins, table cloths, wiping cloths, and work garments including cloth
					 gloves.
"Major food allergen" means milk, egg, fish (such as bass,
					 flounder, cod, and including crustacean shellfish such as crab, lobster, or
					 shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, and
					 soybeans; or a food ingredient that contains protein Amended from one of these
					 foods. Major food allergen does not include any highly refined oil Amended from
					 a major food allergen in this definition and any ingredient Amended from such
					 highly refined oil or any ingredient that is exempt under the petition or
					 notification process specified in the Food Allergen Labeling and Consumer
					 Protection Act of 2004 (P.L. 108-282).
"Meat" means the flesh of animals used as food including
					 the dressed flesh of cattle, swine, sheep, or goats and other edible animals,
					 except fish, poultry, and wild game animals as specified under
					 12VAC5-421-330 A 2
					 and A 3.
"Mechanically tenderized" means manipulating meat with deep
					 penetration by processes which may be referred to as "blade tenderizing,"
					 "jaccarding," "pinning," "needling," or using blades, pins, needles, or any
					 mechanical device. "Mechanically tenderized" does not include processes by
					 which solutions are injected into meat.
"mg/L" means milligrams per liter, which is the metric
					 equivalent of parts per million (ppm).
"Mobile food unit" means a food establishment mounted on
					 wheels (excluding boats in the water) readily moveable from place to place at
					 all times during operation and shall include pushcarts, trailers, trucks, or
					 vans. The unit, all operations, and all equipment must be integral to and be
					 within or attached to the unit.
"Molluscan shellfish" means any edible species of fresh or
					 frozen oysters, clams, mussels, and scallops or edible portions thereof, except
					 when the scallop product consists only of the shucked adductor muscle.
"Noncontinuous cooking" means the cooking of food in a food
					 establishment using a process in which the initial heating of the food is
					 intentionally halted so that it may be cooled and held for complete cooking at
					 a later time prior to sale or service. "Noncontinuous cooking" does not include
					 cooking procedures that only involve temporarily interrupting or slowing an
					 otherwise continuous cooking process.
"Occasional" means not more than one time per week, and not
					 in excess of two days duration.
"Packaged" means bottled, canned, cartoned, bagged, or
					 wrapped, whether packaged in a food establishment or a food processing plant.
					 Packaged does not include wrapped or placed in a carry-out container to protect
					 the food during service or delivery to the consumer, by a food employee, upon
					 consumer request.
"Permit" means a license issued by the department that
					 authorizes a person to operate a food establishment.
"Permit holder" means person that is legally responsible
					 for the operation of the food establishment and possesses a valid permit to
					 operate a food establishment.
"Person" means an association, a corporation, individual,
					 partnership, other legal entity, government, or governmental subdivision or
					 agency.
"Person in charge" means the individual present at a food
					 establishment who is responsible for the operation at the time of
					 inspection.
"Personal care items" means items or substances that may be
					 poisonous, toxic, or a source of contamination and are used to maintain or
					 enhance a person's health, hygiene, or appearance. Personal care items include
					 items such as medicines; first aid supplies; and other items such as cosmetics,
					 and toiletries such as toothpaste and mouthwash.
"pH" means the symbol for the negative logarithm of the
					 hydrogen ion concentration, which is a measure of the degree of acidity or
					 alkalinity of a solution. Values between 0 and 7 indicate acidity and values
					 between 7 and 14 indicate alkalinity. The value for pure distilled water is 7,
					 which is considered neutral.
"Physical facilities" means the structure and interior
					 surfaces of a food establishment including accessories such as soap and towel
					 dispensers and attachments such as light fixtures and heating or air
					 conditioning system vents.
"Plumbing fixture" means a receptacle or device that is
					 permanently or temporarily connected to the water distribution system of the
					 premises and demands a supply of water from the system or discharges used
					 water, waste materials, or sewage directly or indirectly to the drainage system
					 of the premises.
"Plumbing system" means the water supply and distribution
					 pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and
					 storm sewers and building drains, including their respective connections,
					 devices, and appurtenances within the premises; and water-treating
					 equipment.
"Poisonous or toxic materials" means substances that are
					 not intended for ingestion and are included in four categories:
1. Cleaners and sanitizers, that include
				  cleaning and sanitizing agents and agents such as caustics, acids, drying
				  agents, polishes, and other chemicals;
2. Pesticides, except sanitizers, that
				  include substances such as insecticides and rodenticides;
3. Substances necessary for the operation and
				  maintenance of the establishment such as nonfood grade lubricants, paints, and
				  personal care items that may be deleterious to health; and
4. Substances that are not necessary for the
				  operation and maintenance of the establishment and are on the premises for
				  retail sale, such as petroleum products and paints.
"Potable water" means water fit for human consumption that
					 is obtained from an approved water supply and that is (i) sanitary and normally
					 free of minerals, organic substances, and toxic agents in excess of reasonable
					 amounts and (ii) adequate in quantity and quality for the minimum health
					 requirements of the persons served (see Article 2 (§
												32.1-167 et seq.) of
					 Chapter 6 of Title 32.1 of the Code of Virginia). Potable water is
					 traditionally known as drinking water and excludes such nonpotable forms as
					 "boiler water, "mop water," "rainwater," "wastewater," and "nondrinking
					 water."
"Poultry" means any domesticated bird (chickens, turkeys,
					 ducks, geese, guineas, ratites, or squabs), whether live or dead, as defined in
					 9 CFR
					 381.1, and any migratory waterfowl, game
					 bird, pheasant, partridge, quail, grouse, or pigeon whether live or dead, as
					 defined in
					 9 CFR
					 362.1.
"Premises" means the physical facility, its contents, and
					 the contiguous land or property under the control of the permit holder; or the
					 physical facility, its contents, and the land or property which are under the
					 control of the permit holder and may impact food establishment personnel,
					 facilities, or operations, if a food establishment is only one component of a
					 larger operation such as a health care facility, hotel, motel, school,
					 recreational camp, or prison.
"Primal cut" means a basic major cut into which carcasses
					 and sides of meat are separated, such as a beef round, pork loin, lamb flank,
					 or veal breast.
"Priority foundation item" means a provision in this
					 chapter whose application supports, facilitates, or enables one or more
					 priority items. "Priority foundation item" includes an item that requires the
					 purposeful incorporation of specific actions, equipment, or procedures by
					 industry management to attain control of risk factors that contribute to
					 foodborne illness or injury such as personnel training, infrastructure or
					 necessary equipment, HACCP plans, documentation or record keeping, and labeling
					 and is denoted in this regulation with a superscript
					 Pf-Pf.
"Priority item" means a provision in this chapter whose
					 application contributes directly to the elimination, prevention or reduction to
					 an acceptable level, hazards associated with foodborne illness or injury and
					 there is no other provision that more directly controls the hazard. "Priority
					 item" includes items with a quantifiable measure to show control of hazards
					 such as cooking, reheating, cooling, and handwashing and is denoted in this
					 chapter with a superscript P-p.
"Private well" means any water well constructed for a
					 person on land that is owned or leased by that person and is usually intended
					 for household, groundwater source heat pump, agricultural use, industrial use,
					 or other nonpublic water well.
"Pure water" means potable water fit for human consumption
					 that is (i) sanitary and normally free of minerals, organic substances, and
					 toxic agents in excess of reasonable amounts and (ii) adequate in quantity and
					 quality for the minimum health requirements of the persons served (see
					 §§
												32.1-167 and
					 32.1-176.1 of the
					 Code of Virginia and 12VAC5-590, Waterworks Regulations and 12VAC5-630, Private
					 Well Regulations. Potable water is traditionally known as drinking water, and
					 excludes such nonpotable forms as "boiler water," "mop water," "rainwater,"
					 "wastewater," and "nondrinking water."
"Ratite" means a flightless bird such as an emu, ostrich,
					 or rhea.
"Ready-to-eat food" means food that:
1. Is in a form that is edible without
				  additional preparation to achieve food safety, as specified under
				  12VAC5-421-700
				  A, B, and C,
				  12VAC5-421-710
				  or
				  12VAC5-421-730;
2. Is a raw or partially cooked animal food
				  and the consumer is advised as specified under 12VAC5-421- 700 D 1 and 3;
				  or
3. Is prepared in accordance
				  with a variance that is granted as specified under
				  12VAC5-421-700 D
				  4.
"Ready-to-eat food" may receive additional preparation for
					 palatability or aesthetic, epicurean, gastronomic, or culinary purposes.
"Ready-to-eat food" includes:
1. Raw animal food that is cooked as
				  specified under
				  12VAC5-421-700,
				  or
				  12VAC5-421-710
				  or frozen as specified under
				  12VAC5-421-730;
2. Raw fruits and vegetables that are washed
				  as specified under
				  12VAC5-421-510;
3. Fruits and vegetables that are cooked for
				  hot holding as specified under
				  12VAC5-421-720;
4. All time/temperature control for safety
				  food that is cooked to the temperature and time required for the specific food
				  under Article 4 (12VAC5-421-700
				  et seq.) of Part III and cooled as specified in
				  12VAC5-421-800;
5. Plant food for which further washing,
				  cooking, or other processing is not required for food safety, and from which
				  rinds, peels, husks, or shells, if naturally present, are removed;
6. Substances Amended from plants such as
				  spices, seasonings, and sugar;
7. A
				  bakery item such as bread, cakes, pies, fillings, or icing for which further
				  cooking is not required for food safety;
8. The following products that are produced
				  in accordance with USDA guidelines and that have received a lethality treatment
				  for pathogens: dry, fermented sausages, such as dry salami or pepperoni;
				  salt-cured meat and poultry products, such as prosciutto ham, country cured
				  ham, and Parma ham; and dried meat and poultry products, such as jerky or beef
				  sticks; and
9. Food manufactured as
				  specified in 21 CFR Part 113.
"Reduced oxygen packaging" means the reduction of the
					 amount of oxygen in a package by removing oxygen; displacing oxygen and
					 replacing it with another gas or combination of gases; or otherwise controlling
					 the oxygen content to a level below that normally found in the atmosphere
					 (approximately 21% at sea level); and a process as specified in this definition
					 that involves a food for which the hazards Clostridium botulinum or Listeria
					 monocytogenes require control in the final packaged form. Reduced oxygen
					 packaging includes:
1. Vacuum
				  packaging, in which air is removed from a package of food and the package is
				  hermetically sealed so that a vacuum remains inside the package;
2. Modified atmosphere packaging, in which
				  the atmosphere of a package of food is modified so that its composition is
				  different from air, but the atmosphere may change over time due to the
				  permeability of the packaging material or the respiration of the food. Modified
				  atmosphere packaging includes reduction in the proportion of oxygen, total
				  replacement of oxygen, or an increase in the proportion of other gases such as
				  carbon dioxide or nitrogen;
3.
				  Controlled atmosphere packaging, in which the atmosphere of a package of food
				  is modified so that until the package is opened, its composition is different
				  from air, and continuous control of that atmosphere is maintained, such as by
				  using oxygen scavengers or a combination of total replacement of oxygen,
				  nonrespiring food, and impermeable packaging material;
4. Cook chill packaging, in which cooked food
				  is hot filled into impermeable bags that have the air expelled and are then
				  sealed or crimped closed. The bagged food is rapidly chilled and refrigerated
				  at temperatures that inhibit the growth of psychotrophic pathogens;
				  or
5. Sous vide packaging, in which
				  raw or partially cooked food is vacuum packaged in an impermeable bag, cooked
				  in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the
				  growth of psychotropic pathogens.
"Refuse" means solid waste not carried by water through a
					 sewage system.
"Regulatory authority" means the local, state, or federal
					 enforcement body or authorized representative having jurisdiction over the food
					 establishment.
"Reminder" means a written statement concerning the health
					 risk of consuming animal foods raw, undercooked, or without otherwise being
					 processed to eliminate pathogens.
"Re-service" means the transfer of food that is unused and
					 returned by a consumer after being served or sold and in the possession of the
					 consumer, to another person.
"Restrict" means to limit the activities of a food employee
					 so that there is no risk of transmitting a disease that is transmissible
					 through food and the food employee does not work with exposed food, clean
					 equipment, utensils, linens, or unwrapped single-service or single-use
					 articles.
"Restricted egg" means any check, dirty egg, incubator
					 reject, inedible, leaker, or loss as defined in 9 CFR Part 590.
"Restricted use pesticide" means a pesticide product that
					 contains the active ingredients specified in
					 40 CFR
					 152.175 and that is limited to use by or
					 under the direct supervision of a certified applicator.
"Risk" means the likelihood that an adverse health effect
					 will occur within a population as a result of a hazard in a food.
"Safe material" means an article manufactured from or
					 composed of materials that may not reasonably be expected to result, directly
					 or indirectly, in their becoming a component or otherwise affecting the
					 characteristics of any food; an additive that is used as specified in §
					 409 of the Federal Food, Drug, and Cosmetic Act (21 USC §
													348); or other materials that are not
					 additives and that are used in conformity with applicable regulations of the
					 FDA.
"Sanitization" means the application of cumulative heat or
					 chemicals on cleaned food-contact surfaces that, when evaluated for efficacy,
					 is sufficient to yield a reduction of five logs, which is equal to a 99.999%
					 reduction, of representative disease microorganisms of public health
					 importance.
"Sealed" means free of cracks or other openings that allow
					 the entry or passage of moisture.
"Service animal" means an animal such as a guide dog,
					 signal dog, or other animal individually trained to provide assistance to an
					 individual with a disability.
"Servicing area" means an operating base location to which
					 a mobile food establishment or transportation vehicle returns regularly for
					 such things as vehicle and equipment cleaning, discharging liquid or solid
					 wastes, refilling water tanks and ice bins, and boarding food.
"Sewage" means liquid waste containing animal or vegetable
					 matter in suspension or solution and may include liquids containing chemicals
					 in solution. Sewage includes water-carried and non-water-carried human
					 excrement or kitchen, laundry, shower, bath, or lavatory waste separately or
					 together with such underground surface, storm, or other water and liquid
					 industrial wastes as may be present from residences, buildings, vehicles,
					 industrial establishments, or other places.
"Shellfish control authority" means a state, federal,
					 foreign, tribal or other government entity legally responsible for
					 administering a program that includes certification of molluscan shellfish
					 harvesters and dealers for interstate commerce such as the Virginia Department
					 of Health Division of Shellfish Sanitation.
"Shellstock" means raw, in-shell molluscan
					 shellfish.
"Shiga toxin-producing Escherichia coli" or "STEC" means
					 any E. coli capable of producing Shiga toxins (also called verocytotoxins).
					 STEC infections can be asymptomatic or may result in a spectrum of illness
					 ranging from mild nonbloody diarrhea to hemorrhagic colitis (i.e., bloody
					 diarrhea) to hemolytic uremic syndrome (HUS), which is a type of kidney
					 failure. Examples of serotypes of STEC include E. coli 0157:H7, E. coli
					 0157:NM, E. coli 026:H11; E. Coli 0145:NM, E. coli 0103:H2, and E. coli
					 0111:NM. STEC are sometimes referred to as VTEC (verocytotoxigenic E. coli) or
					 as EHEC (Enterohemorrhagic E. coli). EHEC are a subset of STEC that can cause
					 hemorrhagic colitis or HUS.
"Shucked shellfish" means molluscan shellfish that have one
					 or both shells removed.
"Single-service articles" means tableware, carry-out
					 utensils, and other items such as bags, containers, placemats, stirrers,
					 straws, toothpicks, and wrappers that are designed and constructed for one
					 time, one person use after which they are intended for discard.
"Single-use articles" means utensils and bulk food
					 containers designed and constructed to be used once and discarded. Single-use
					 articles includes items such as wax paper, butcher paper, plastic wrap, formed
					 aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle
					 barrels, ketchup bottles, and number 10 cans that do not meet the materials,
					 durability, strength, and cleanability specifications contained in
					 12VAC5-421-960,
					 12VAC5-421-1080,
					 and
					 12VAC5-421-1100
					 for multiuse utensils.
"Slacking" means the process of moderating the temperature
					 of a food such as allowing a food to gradually increase from a temperature of
					 -10°F (-23°C) to 25°F (-4°C) in preparation for deep-fat frying
					 or to facilitate even heat penetration during the cooking of previously
					 block-frozen food such as shrimp.
"Smooth" means a food-contact surface having a surface free
					 of pits and inclusions with a cleanability equal to or exceeding that of (100
					 grit) number three stainless steel; a non-food-contact surface of equipment
					 having a surface equal to that of commercial grade hot-rolled steel free of
					 visible scale; and a floor, wall, or ceiling having an even or level surface
					 with no roughness or projections that render it difficult to clean.
"Substantial compliance" means equipment or structure
					 design or construction; food preparation, handling, storage, transportation; or
					 cleaning procedures that will not substantially affect health consideration or
					 performance of the facility or the employees.
"Tableware" means eating, drinking, and serving utensils
					 for table use such as flatware including forks, knives, and spoons; hollowware
					 including bowls, cups, serving dishes, tumblers; and plates.
"Temperature measuring device" means a thermometer,
					 thermocouple, thermistor, or other device that indicates the temperature of
					 food, air, or water.
"Temporary food establishment" means a food establishment
					 that operates for a period of no more than 14 consecutive days in conjunction
					 with a single event or celebration.
"Time/temperature control for safety food" or "TCS food"
					 means a food that requires time/temperature control for safety to limit
					 pathogenic microorganism growth or toxin formation:
1. TCS food includes an animal food that is
				  raw or heat treated; a plant food that is heat treated or consists of raw seed
				  sprouts, cut melons, cut leafy greens, cut tomatoes, or mixtures of cut
				  tomatoes that are not modified in a way so that they are unable to support
				  pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures
				  that are not modified in a way so that they are unable to support pathogenic
				  microorganism growth or toxin formation; and except as specified in subdivision
				  2 d of this definition, a food that because of the interaction of its
				  Aw and pH values is designated as product assessment
				  required (PA) in Table A or B of this definition:
Table A. Interaction of pH and
								Aw for control of spores in food heat treated to destroy
								vegetative cells and subsequently packaged.
Aw values
pH values
4.6 or less
>4.6 - 5.6
>5.6
<=0.92
non-TCS food*
non-TCS food
non-TCS food
>0.92 - 0.95
non-TCS food
non-TCS food
PA**
>0.95
non-TCS food
PA
PA
*TCS food means time/temperature control for safety
								food
**PA means product assessment required
Table B. Interaction of pH and
								Aw for control of vegetative cells and spores in food
								not heat treated or heat treated but not packaged.
Aw values
pH values
< 4.2
4.2 - 4.6
> 4.6 - 5.0
> 5.0
<0.88
non-TCS food*
non-TCS food
non-TCS food
non-TCS food
0.88 - 0.90
non-TCS food
non-TCS food
non-TCS food
PA**
>0.90 - 0.92
non-TCS food
non-TCS food
PA
PA
>0.92
non-TCS food
PA
PA
PA
*TCS food means time/temperature control for safety
								food
**PA means product assessment required
2.
				  TCS food does not include:
a. An air-cooled
				  hard-boiled egg with shell intact, or an egg with shell intact that is not
				  hard-boiled, but has been pasteurized to destroy all viable
				  salmonellae;
b. A food in an
				  unopened hermetically sealed container that is commercially processed to
				  achieve and maintain commercial sterility under conditions of nonrefrigerated
				  storage and distribution;
c. A food
				  that because of its pH or Aw value, or interaction of
				  Aw and pH values, is designated as a non-TCS food in
				  Table A or B of this definition;
d.
				  A food that is designated as PA in Table A or B of this definition and has
				  undergone a product assessment showing that the growth or toxin formation of
				  pathogenic microorganisms that are reasonably likely to occur in that food is
				  precluded due to:
(1) Intrinsic factors
				  including added or natural characteristics of the food such as preservatives,
				  antimicrobials, humectants, acidulants, or nutrients;
(2) Extrinsic factors including environmental
				  or operational factors that affect the food such as packaging, modified
				  atmosphere such as reduced oxygen packaging, shelf-life and use, or temperature
				  range of storage and use; or
(3) A
				  combination of intrinsic and extrinsic factors; or
e. A food that does not support the growth or
				  toxin formation of pathogenic microorganisms in accordance with one of the
				  subdivisions 2 a through 2 d of this definition even though the food may
				  contain a pathogenic microorganism or chemical or physical contaminant at a
				  level sufficient to cause illness or injury.
"USDA" means the U.S. Department of Agriculture.
"Utensil" means a food-contact implement or container used
					 in the storage, preparation, transportation, dispensing, sale, or service of
					 food, such as kitchenware or tableware that is multiuse, single service, or
					 single use; gloves used in contact with food; temperature sensing probes of
					 food temperature measuring devices and probe-type price or identification tags
					 used in contact with food.
"Variance" means a written document issued by the
					 department that authorizes a modification or waiver of one or more requirements
					 of this chapter if, in the opinion of the department, a health hazard or
					 nuisance will not result from the modification or waiver.
"Vending machine" means a self-service device that, upon
					 insertion of a coin, paper currency, token, card, key, electronic transaction,
					 or by optional manual operation, dispenses unit servings of food in bulk or in
					 packages without the necessity of replenishing the device between each vending
					 operation.
"Vending machine location" means the room, enclosure,
					 space, or area where one or more vending machines are installed and operated
					 and includes the storage areas and areas on the premises that are used to
					 service and maintain the vending machines.
"Warewashing" means the cleaning and sanitizing of utensils
					 and food-contact surfaces of equipment.
"Waterworks" means a system that serves piped water for
					 human consumption to at least 15 service connections or 25 or more individuals
					 for at least 60 days out of the year. "Waterworks" includes all structures,
					 equipment and appurtenances used in the storage, collection, purification,
					 treatment, and distribution of pure water except the piping and fixtures inside
					 the building where such water is delivered (see Article 2 (§
													32.1-167 et seq.) of
					 Chapter 6 of Title 32.1 of the Code of Virginia).
"Whole-muscle, intact beef" means whole muscle beef that is
					 not injected, mechanically tenderized, reconstructed, or scored and marinated,
					 from which beef steaks may be cut.