District of Columbia Administrative Code

3208 PHYSICAL FACILITIES ─ CLOSING TOILET ROOM DOORS 3208.1 Toilet room doors as specified in § 2911 shall be kept closed except during cleaning and maintenance operations. SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published …

3209 PHYSICAL FACILITIES ─ USING DRESSING ROOMS AND LOCKERS 3209.1 Employees shall use dressing rooms if they regularly change their clothes in the establishment. 3209.2 Lockers or other suitable facilities shall be used for the orderly storage of employee clothing and other poss…

3210 PHYSICAL FACILITIES ─ CONTROLLING PESTS 3210.1 The premises shall be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests shall be controlled to minimize their presence on the premises by: Pf (a) Routinely inspecting incomin…

3211 PHYSICAL FACILITIES ─ REMOVING DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS 3211.1 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 t…

3212 PHYSICAL FACILITIES ─ STORING MAINTENANCE TOOLS 3212.1 Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall be: (a) Stored so they do not contaminate food, equipment, utensils, linens, and single-service and single-use articles; and (b) Stored in …

3213 PHYSICAL FACILITIES ─ MAINTAINING PREMISES, UNNECESSARY ITEMS AND LITTER 3213.1 The premises shall be free of: (a) Items that are unnecessary to the operation or maintenance of the establishment such as equipment that is nonfunctional or no longer used; and (b) Litter. SOURC…

3214 PHYSICAL FACILITIES ─ PROHIBITING ANIMALS 3214.1 Except as otherwise permitted in §§ 3214.2 and 3214.3, live animals shall not be allowed on the premises of a food establishment. Pf 3214.2 Live animals are permitted in the following situations if the contamination of food, c…

3300 DISTRICT CERTIFICATION REQUIREMENTS ─ PESTICIDE OPERATORS AND APPLICATOR 3300.1 All licensees shall ensure that individuals who provide pest extermination services to food establishments as specified in § 3210.2 possess current certification as a District Licensed Pesticide …

3301 ORIGINAL CONTAINERS ─ IDENTIFYING INFORMATION, PROMINENCE 3301.1 Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label. Pf SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking …

3302 WORKING CONTAINERS – COMMON NAME 3302.1 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 SOURCE: Final Rulemaking p…

3400 STORAGE ─ SEPARATION 3400.1 Poisonous or toxic materials shall be stored so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by: (a) Separating the poisonous or toxic materials by physically separating or partitioning by a…

3401 PRESENCE AND USE ─ RESTRICTION 3401.1 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 allow…

3402 PRESENCE AND USE ─ CONDITIONS OF USE 3402.1 Poisonous or toxic materials shall be used according to: (a) The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401, et seq. (2008 Repl.)), and this Code; Pf (b) Manufacturer's us…

3403 CONTAINER PROHIBITIONS ─ POISONOUS OR TOXIC MATERIAL CONTAINERS 3403.1 A container previously used to store poisonous or toxic materials shall not be used to store, transport, or dispense food. P SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by…

3404 CHEMICALS ─ SANITIZERS, CRITERIA 3404.1 Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces shall meet the requirements of 40 C.F.R. § 180.940 – Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (fo…

3405 CHEMICALS ─ CHEMICALS FOR WASHING FRUITS AND VEGETABLES, CRITERIA 3405.1 Chemicals used to wash or peel raw, whole fruits and vegetables shall meet the requirements of 21 C.F.R. § 173.315 − Chemicals used in washing or to assist in the peeling of fruits and vegetables. P 340…

3406 CHEMICALS ─ BOILER WATER ADDITIVES, CRITERIA 3406.1 Chemicals used as boiler water additives shall meet the requirements of 21 C.F.R. § 173.310 − Boiler water additives. P SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking publis…

3407 CHEMICALS ─ DRYING AGENTS, CRITERIA 3407.1 Drying agents used in conjunction with sanitization shall contain only components that are listed as one (1) of the following: (a) Generally recognized as safe for use in food as specified in 21 C.F.R. part 182 − Substances Generall…

3408 LUBRICANTS ─ INCIDENTAL FOOD CONTACT, CRITERIA 3408.1 Lubricants shall meet the requirements specified in 21 C.F.R. § 178.3570 − Lubricants with incidental food contact, if they are used on food-contact surfaces, on bearings and gears located on or within food-contact surfac…

3409 PESTICIDES ─ RESTRICTED USE PESTICIDES, CRITERIA 3409.1 Restricted use pesticides specified in § 3300.2 shall meet the requirements specified in 40 C.F.R. part 152 subpart I − Classification of Pesticides. P SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); a…

3410 PESTICIDES ─ RODENT BAIT STATIONS 3410.1 Rodent bait shall be contained in a covered, tamper-resistant bait station. P SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012). AUTHORITY: D…

3411 PESTICIDES ─ TRACKING POWDERS, PEST CONTROL AND MONITORING 3411.1 A tracking powder pesticide shall not be used in a food establishment, except as specified in § 3411.2. 3411.2 A nontoxic tracking powder such as talcum or flour may be used in a food establishment if its use …

3412 MEDICINES ─ RESTRICTION AND STORAGE 3412.1 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 3412.2 Medicines that are in a food establishment fo…

3413 MEDICINES ─ REFRIGERATED MEDICINES, STORAGE 3413.1 Medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator shall be: (a) Stored in a package or container and kept inside a covered, leak proof conta…

3414 FIRST AID SUPPLIES ─ STORAGE 3414.1 First aid supplies that are in a food establishment for the employees' use shall be: (a) Labeled as specified in § 3301; Pf and (b) Stored in a kit or a container that is located to prevent the contamination of food, equipment, utensils, a…

3415 OTHER PERSONAL CARE ITEMS ─ STORAGE 3415.1 Employees shall store their personal care items in separate cabinets or storage lockers specified in § 3010.2, except as specified in §§ 3413 and 3414. SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by …

3500 STORAGE AND DISPLAY ─ SEPARATION 3500.1 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: (a) Separating the poisonous or toxic materials by …

3700 LICENSE AND CERTIFICATION REQUIREMENTS ─ PREREQUISITE FOR OPERATION 3700.1 No person shall operate as a food vendor without a license issued by the Mayor in accordance with § 4300.1. P 3700.2 No person shall operate as a food vendor with an expired license. Pf 3700.3 No pers…

3701 PRE-OPERATIONAL ASSESSMENTS ─ TYPES OF FOOD AND FOOD SAFETY ANALYSES 3701.1 No vendor shall possess, prepare, sale, offer for sale, or give away any food requiring further processing from its original state without the submission of a HACCP Plan, Parasite Destruction Letter,…

3702 ADDITIONAL PREREQUISITE FOR OPERATION ─ PROPANE PERMIT 3702.1 All food vendors who use propane shall: P (a) Obtain a valid propane permit issued by the Fire Prevention Division of the Fire and Emergency Medical Services Department and post the permit on the vehicle at all ti…

3703 ADDITIONAL PREREQUISITE FOR OPERATION ─ HOOD SUPPRESSION SYSTEM, APPROVAL 3703.1 No food vendor shall use a deep fryer or other cooking equipment that requires a hood suppression system, except with the written approval from the Fire Prevention Division District of Columbia …

3704 ADDITIONAL PREREQUISITE FOR OPERATION ─ MOTOR VEHICLE REGISTRATION 3704.1 No food vendor shall operate a mobile food unit without a current motor vehicle registration that is conspicuously displayed on the mobile food unit in accordance with § 3713.1(h). P SOURCE: Final Rule…

3705 APPLICATION PROCEDURE ─ LICENSE, PERIOD FOR SUBMISSION 3705.1 To qualify for a food vending license, an applicant shall: P (a) Submit an application for a food vending license on a form provided by the Department as set out in the Department's Mobile Food Vending Information…

3706 APPLICATION APPROVAL ─ HEALTH INSPECTION CERTIFICATE, ISSUANCE 3706.1 The Department shall review an application for the issuance of a Health Inspection Certificate. The Department shall make a determination to approve or disapprove the application, including menus, plans, o…

3707 FOOD VENDORS ─ PREOPERATIONAL INSPECTIONS, FREQUENCY 3707.1 The Department shall conduct one (1) or more preoperational inspections to verify that the mobile food unit is constructed and equipped in compliance with this chapter. P 3707.2 The Department shall inspect a mobile…

3708 DEPOT, COMMISSARY, OR SERVICE SUPPORT FACILITY ─ FOOD SUPPLIES, PREPARATION, PROTECTION, AND RESTRICTIONS 3708.1 Food shall be prepared and protected in a depot, commissary, or service support facility in accordance with this Code. P 3708.2 Food shall be obtained from approv…

3709 FOOD VENDORS, DEPOT, COMMISSARY, OR SERVICE SUPPORT FACILITY ─ PERSONAL HEALTH AND HYGIENE 3709.1 Food vendors and food depot, commissary, or service support facilities shall comply with the employee health and hygiene requirements in Chapters 3 and 4. P SOURCE: Final Rulema…

3710 DEPOT, COMMISSARY, OR SERVICE SUPPORT FACILITY ─ EQUIPMENT AND UTENSILS 3710.1 All equipment and utensils shall be constructed of safe materials and maintained in good repair. 3710.2 All food contact surfaces, counters, sinks, and work surfaces in the establishment shall be …

3711 DEPOT, COMMISSARY, OR SERVICE SUPPORT FACILITY ─ PHYSICAL FACILITIES, CONTROL OF REFUSE AND PESTS, AND PROHIBITION OF ANIMALS 3711.1 Food service preparation and storage areas shall be constructed and maintained to prevent the entry of pests and other vermin in accordance wi…

3712 CONDITIONS OF LICENSE RETENTION ─ RESPONSIBILITIES OF THE FOOD VENDOR 3712.1 All food vendors shall comply with § 700 and all applicable provisions of this Code, including but not limited to the following: P (a) Section 200, Responsibility ─ Assignment & Qualification of Per…

3713 CONDITIONS OF RETENTION ─ RESPONSIBILITIES OF THE FOOD VENDOR, DISPLAY OF REQUIRED DOCUMENTS 3713.1 A food vendor shall conspicuously display on the vending vehicle, vending cart, or vending stand, a valid: P (a) Food Vending Business License; (b) Vending Site Permit; (c) De…

3714 CONDITIONS OF RETENTION ─ RESPONSIBILITIES OF DEPOT, COMMISSARY OR SERVICE SUPPORT FACILITY 3714.1 A depot, commissary, or service support facility servicing mobile food units with Class A Vending Business Licenses shall provide the following services to a vendor: (a) Storag…

3800 RESIDENTIAL KITCHENS ─ LICENSE AND CERTIFICATION REQUIREMENTS, CODE APPLICABILITY 3800.1 No person shall operate a residential kitchen in a bed and breakfast operation without a valid license issued by the Mayor in accordance with § 4300.1. P 3800.2 No person shall operate a…

3801 RESIDENTIAL KITCHENS ─ FOOD SUPPLIES, PREPARATION, PROTECTION, AND RESTRICTIONS 3801.1 Food shall be prepared and protected in bed and breakfast operations in accordance with § 3800. 3801.2 Food shall be obtained from approved sources, shall be in sound condition, and shall …

3802 RESIDENTIAL KITCHENS ─ PERSONAL HEALTH AND HYGIENE 3802.1 Food employees shall conform to employee health and hygiene requirements in Chapters 3 and 4. SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 …

3803 RESIDENTIAL KITCHENS ─ HANDWASHING AND TOILET ROOM FACILITIES 3803.1 A soap dispenser and disposable towels for use in handwashing shall be provided at the kitchen sink. This sink shall not be used for handwashing after toilet use but may be used for food preparation and war…

3804 RESIDENTIAL KITCHENS ─ EQUIPMENT AND UTENSILS 3804.1 All equipment and utensils shall be constructed of safe materials and maintained in good repair. 3804.2 All food contact surfaces, counters, sinks, and work surfaces in the establishment shall be smooth, non-absorbent, and…

3805 RESIDENTIAL KITCHENS ─ PHYSICAL FACILITIES 3805.1 Food service preparation and storage areas shall be constructed and maintained to prevent the entry of pests and other vermin in accordance with Chapter 32. 3805.2 Pets may be present on the premises, but shall be kept out of…

3806 CONDITIONS OF LICENSE RETENTION ─ RESPONSIBILITIES OF LICENSEES OF RESIDENTIAL KITCHENS IN BED & BREAKFAST OPERATIONS 3806.1 Licensees of residential kitchens in bed & breakfast operations shall comply with § 700 and all applicable provisions of this Code, including but not …

3900 CATERERS ─ LICENSE AND CERTIFICATION REQUIREMENTS, PREREQUISITE FOR OPERATION 3900.1 No person shall operate as a caterer without a license issued by the Mayor in accordance with § 4300.1. P 3900.2 No person shall operate as a caterer with an expired license. Pf 3900.3 No pe…