West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-17 - Food Establishments › Section 64-17-3 - Incorporation by Reference of Federal Model Food Code

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Federal Food Code, also known as the
				2013 Recommendations of the United States Public Health Service, Food and Drug
				Administration, (hereinafter referred to as the "Food Code") published by the
				U.S. Department of Health and Human Services, Public Health Service, Food and
				Drug Administration, is incorporated by reference with the following
				exceptions:
3.1.a. Chapter 1, the definition
				of "food establishment" in paragraph 1-201.10(B) shall not be used for the
				purposes of this rule. In lieu thereof, the term "food establishment" is
				defined in section 4 of this rule;
3.1.b. The following shall be added to
				paragraph 2-102.12(A), "within one (1) year of the effective date of this
				rule.";
3.1.c. Chapter 2, paragraph
				2-102.12(B) may not be used for the purposes of this rule. The following
				applies: "This section does not apply to:
(1)
				retail food facilities where only commercially prepackaged food is handled and
				sold, and
(2) temporary food
				establishments.";
3.1.d.
				The following shall be added to Chapter 3, paragraph 3-501.16(A)(2) "Within
				five years of the effective date of this rule, the refrigeration equipment in a
				retail food store used to hold cut leafy greens shall be repaired, upgraded, or
				replaced to maintain the cut leafy greens at a temperature of 5 C, (41 F) or
				less, if not already capable of maintaining the required
				temperature.";
3.1.e. Chapter 3,
				paragraph 3-501.16(B) may not be used for the purposes of this rule. The
				following applies: "Eggs that have not been treated to destroy all viable
				Salmonellae shall be stored in refrigerated equipment that maintains an ambient
				air temperature of 5 C (41 F) or less.";
3.1.f. In Chapter 3, paragraph 3-603.11(A),
				the word "milk" shall be deleted;
3.1.g. In Chapter 3, subparagraph
				3-603.11(C)(3) the following applies: "Consuming raw or undercooked meats,
				poultry, seafood, shellfish, or eggs may increase your risk of foodborne
				illness, especially for children, elderly, immunocompromised individuals, and
				persons with certain medical conditions.";
3.1.h. Chapter 6, section 6-501.115 is not
				applicable if the following conditions are met:
3.1.h.1. The dog is prohibited from entering
				any areas where food is being prepared;
3.1.h.2. The dog owner will be asked to
				leave, if a dog creates a nuisance;
3.1.h.3. The establishment is licensed as a
				private club, restaurant, coffee shop, brew pub, or micro distillery;
3.1.h.4. The establishment has liability
				insurance for dog-related incidents;
3.1.h.5. Dog accidents are cleaned and
				sanitized. Dog waste stations are available. A written procedure shall be
				established and posted concerning dog accident cleanup; and
3.1.h.6. Signage is present indicating that
				the establishment is dog friendly.
3.1.i. Chapter 8, section 8-102.10 and
				section 8-304.10 shall not apply;
3.1.j. Chapter 8, section 8-201.11 shall
				include the following sentence after subsection C: "All required plans shall be
				submitted at least 45 days prior to the start of construction, conversion, or
				remodeling.";
3.1.k. Chapter 8,
				section 8-405.11 shall be deleted in its entirety and in lieu thereof the
				following language shall be inserted:
8-405.11 Timely Correction.
(A) Except as specified in ¶ (B) of this
				section, a PERMIT HOLDER shall at the time of inspection correct a violation of
				a PRIORITY ITEM or PRIORITY FOUNDATION ITEM of this Code and implement
				corrective actions for a HACCP PLAN provision that is not in compliance with
				its CRITICAL LIMIT.Pf
(B) Considering the nature of the potential
				HAZARD involved and the complexity of the corrective action needed, the
				REGULATORY AUTHORITY shall agree to or specify a time frame, not to exceed:
(1) 72 hours after the inspection, for the
				PERMIT HOLDER to correct violations of a PRIORITY ITEM; or
(2) 10 calendar days after the inspection,
				for the PERMIT HOLDER to correct violations of a PRIORITY FOUNDATION ITEM or
				HACCP PLAN deviations.
3.1.l. Chapter 8, part 8-6, and subparts
				8-905 through 8-913 of Annex 1 shall not apply; and
3.1.m. Annex 1, section 8-904.10, shall
				include the following additional provision:
The commissioner may also summarily suspend a permit to
				  operate a food establishment if:
3.1.m.1. The food establishment has three or
				more immediately uncorrectable priority items in violation at the time of
				inspection; or
3.1.m.2. The permit
				holder has been determined by the commissioner to have obstructed or hindered
				the commissioner in the proper discharge of his or her duties; and
3.1.m.3. Enforcement shall be in accordance
				with W. Va. Code §
											16-1-1
et seq
.
				and §
											16-6-1,
et
				seq
.