District of Columbia Administrative Code

3901 CATERERS ─ BASE OF OPERATION 3901.1 Each caterer shall have as its base of operations a currently licensed and inspected food establishment that shall comply with provisions of this Code, except that a facility holding a license as a residential kitchen shall not serve as th…

3902 CATERERS ─ NOTIFICATION TO THE DEPARTMENT 3902.1 Each caterer shall give written notice to the Department on a form that the Department will provide either prior to or within seventy-two (72) hours after serving food other than from its own food establishment. SOURCE: Final …

3903 CONDITIONS OF LICENSE RETENTION ─ RESPONSIBILITIES OF CATERERS 3903.1 All caterers shall comply with § 700 and all applicable provisions of this Code, including but not limited to the following: (a) Section 200, Responsibility ─ Assignment & Qualification of Person in Charge…

400 HANDS AND ARMS ─ CLEAN CONDITION 400.1 Food employees shall keep their hands and exposed portions of their arms clean. 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: …

401 HANDS AND ARMS ─ CLEANING PROCEDURE 401.1 Except as specified in § 401.4, food employees shall clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands or arms, for at least twenty (20) seconds, using a cleaning compound in a hand…

402 HANDS AND ARMS ─ WHEN TO WASH 402.1 Food employees shall clean their hands and exposed portions of their arms as specified in § 401 immediately before working in direct contact with food, clean equipment and utensils, and unwrapped single-service and single-use articles, P an…

403 HANDS AND ARMS ─ WHERE TO WASH 403.1 Food employees shall clean their hands in a handwashing sink or approved automatic handwashing facility and shall not clean their hands in a sink used for food preparation or warewashing, or in a service sink or a curbed cleaning facility …

404 HANDS AND ARMS ─ HAND ANTISEPTICS 404.1 A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap shall: (a) Comply with one (1) of the following: (1) Be an approved drug that is listed in the Food and Drug Admin…

405 HANDS AND ARMS ─ FINGERNAIL MAINTENANCE 405.1 All persons working in direct contact with food, clean equipment and utensils, or unwrapped single-service and single-use articles shall keep their fingernails trimmed, filed, and maintained so that the edges and surfaces are clea…

406 HANDS AND ARMS ─ JEWELRY PROHIBITION 406.1 Persons working in direct contact with food, clean equipment and utensils, or unwrapped single-service and single-use articles shall not wear jewelry, including medical information jewelry on their arms or hands, except for a plain r…

407 OUTER CLOTHING ─ CLEAN CONDITION 407.1 Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles. SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Fin…

408 OUTER CLOTHING CLEAN CONDITION 408.1 Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles. When moving from a raw food operation to a ready-to-eat food operation, food employee…

4000 CATERED ESTABLISHMENTS ─ CODE APPLICABILITY 4000.1 Catered establishments that receive food from a licensed caterer or licensed food establishment shall: (a) Obtain a valid Food Establishment License as specified in § 4300.1, which shall exhibit proper notations as specified…

4001 CATERED ESTABLISHMENTS ─ STORAGE OF POTENTIALLY HAZARDOUS FOOD (TIME/ TEMPERATURE CONTROL FOR SAFETY FOOD) 4001.1 Catered establishments shall provide an approved refrigerator where potentially hazardous food (time/ temperature control for safety food) shall be stored. The f…

4002 CATERED ESTABLISHMENTS ─ RECEIPT OF TRANSPORTED INDIVIDUALLY PORTIONED SERVINGS 4002.1 When a catered establishment receives food that is prepared elsewhere and is transported hot or cold in individually portioned and protected servings, it shall have on the premises the fol…

4003 CATERED ESTABLISHMENTS ─ RECEIPT OF HOT OR COLD TRANSPORTED READY-TO-SERVE FOODS IN BULK CONTAINERS 4003.1 When a catered establishment receives and distributes hot or cold food that is prepared elsewhere and transported ready-to-serve in bulk containers, it shall have on th…

4004 CATERED ESTABLISHMENTS ─ REHEATING TRANSPORTED COLD FOODS RECEIVED IN BULK CONTAINERS 4004.1 When a catered establishment reheats food that is prepared elsewhere and is transported cold in bulk containers, it shall have on the premises the following: P (a) A valid food estab…

4100 USE FOR INTENDED PURPOSE ─ PUBLIC HEALTH PROTECTION 4100.1 The Department shall use this Code to promote the safeguarding of public health and ensure that food is safe, and not adulterated, misbranded, or falsely advertised when offered to the consumer. 4100.2 In enforcing t…

4101 PREVENTING HEALTH HAZARDS ─ PROVISION FOR CONDITIONS NOT ADDRESSED 4101.1 If necessary to protect against public health hazards or nuisances, the Department may impose specific requirements in addition to the requirements contained in this Code that are authorized pursuant t…

4102 VARIANCES ─ CRITERIA, MODIFICATIONS AND WAIVERS 4102.1 The Department may grant a variance from the provisions of this Code, as provided in § 4102.2. 4102.2 The Department may grant a variance if all of the following conditions are met, except as provided in § 4102.3: (a) Th…

4103 VARIANCES ─ APPLICATION, JUSTIFICATION AND DOCUMENTATION 4103.1 A variance shall be requested in writing and be accompanied by the appropriate fee. 4103.2 A request for a variance shall contain the following information, which shall be retained in the Department's file on th…

4104 VARIANCES ─ ATTACHMENT OF CONDITIONS 4104.1 In granting a variance, the Department may attach conditions that it determines are needed to protect the public health, safety and the environment. 4104.2 If the Department grants a variance as specified in § 4102, or a HACCP Plan…

4105 VARIANCES ─ EFFECT OF ALTERNATIVE MEASURES OR CONDITIONS 4105.1 Alternative measures or conditions described in a variance shall have the force and effect of law. 4105.2 If a licensee violates any alternative measures or conditions described in a variance, the licensee shall…

4106 VARIANCES ─ NOTIFICATION OF DECISION TO GRANT, DENY, OR CHANGE CONDITIONS 4106.1 The Department shall notify the applicant in writing of its decision to grant or deny the variance. 4106.2 If a variance is granted, the notification shall specify the period of time for which t…

4107 VARIANCES ─ RENEWAL 4107.1 A request for the renewal of a variance shall be submitted to the Department in writing thirty (30) calendar days before its expiration date. 4107.2 Renewal requests shall contain the information specified in § 4103. 4107.3 The Department shall ren…

4108 VARIANCES ─ DENIAL, REVOCATION, OR REFUSAL TO RENEW 4108.1 The Department shall notify the applicant in writing of the denial, revocation or refusal to renew a variance if it determines that the criteria in § 4102 or the conditions in § 4104 are not met. 4108.2 The written n…

4200 FACILITY AND OPERATING PLANS ─ WHEN REQUIRED 4200.1 A license applicant or licensee shall submit to the Department for review and approval properly prepared plans and specifications before: (a) The construction of a food establishment; Pf (b) The conversion of an existing st…

4201 FACILITY AND OPERATING PLANS ─ CONTENTS AND SPECIFICATIONS 4201.1 Based on the type of operation, type of food preparation, and foods prepared, the plans and specifications for a food establishment, including a food establishment specified in § 4202, shall include the follow…

4202 FACILITY AND OPERATING PLANS ─ TYPES OF ACTIVITIES THAT REQUIRE A HACCP PLAN 4202.1 The following activities require a license applicant or licensee to prepare a HACCP plan: (a) A variance is being sought to serve raw or partially cooked animal foods, except whole muscle int…

4203 FACILITY AND OPERATING PLANS ─ WHEN MUST A HACCP PLAN BE SUBMITTED 4203.1 A license applicant or licensee shall submit to the Department for approval a properly prepared HACCP Plan as specified in § 4205 and the relevant provisions of this Code: (a) At the time of the licens…

4204 FACILITY AND OPERATING PLANS ─ COMPLIANCE WITH HACCP PLAN 4204.1 Before engaging in an activity that requires a HACCP Plan, a license applicant or licensee shall submit to the Department for approval a properly prepared HACCP Plan as specified in § 4205 and the relevant prov…

4205 FACILITY AND OPERATING PLANS ─ CONTENTS OF A HACCP PLAN 4205.1 For a food establishment that is required in §§ 4202 and 4203 to have a HACCP Plan, the plan and specifications shall indicate: (a) A categorization of the types of potentially hazardous foods (time/ temperature …

4206 CONFIDENTIALITY ─ TRADE SECRETS 4206.1 The Department shall treat as confidential information that meets the criteria specified in law for a trade secret and is contained in the plans and specifications submitted as specified in §§ 4201 and 4205. SOURCE: Final Rulemaking pub…

4207 CONSTRUCTION, INSPECTION AND APPROVAL ─ PRE- OPERATIONAL INSPECTIONS 4207.1 The Department shall conduct one (1) or more preoperational inspections to verify that the food establishment is constructed and equipped in accordance with the approved plans and approved modificati…

4300 LICENSE REQUIREMENT ─ PREREQUISITE FOR OPERATION 4300.1 No person shall operate a food establishment without a valid license to operate issued by the Mayor. Pf 4300.2 No person shall operate a food establishment with an expired license. Pf 4300.3 No person shall operate a fo…

4301 APPLICATION PROCEDURE ─ PERIOD FOR SUBMISSION 4301.1 An applicant shall submit an application for a license at least thirty (30) calendar days before the date planned for opening a food establishment or the expiration date of the current license for an existing facility. 430…

4302 APPLICATION PROCEDURE ─ FORM OF SUBMISSION 4302.1 An applicant shall submit a written application for a license on a form the Department will provide. SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (…

4303 APPLICATION PROCEDURE ─ QUALIFICATIONS AND RESPONSIBILITIES OF APPLICANTS 4303.1 To qualify for a license, an applicant shall: (a) Be an owner of the food establishment or an officer of the legal ownership; (b) Comply with §§ 4302 through 4304 and all other requirements of t…

4304 APPLICATION PROCEDURE ─ CONTENTS OF THE APPLICATION 4304.1 An application shall include the name, birth date, mailing address, telephone number, and signature of the person applying for the license and the name, mailing address, and location of the food establishment. 4304.2…

4305 ISSUANCE ─ NEW, CONVERTED, OR REMODELED ESTABLISHMENTS 4305.1 For food establishments that are required to submit plans as specified in § 4200, the Department shall issue a license to the applicant after: (a) A properly completed application is submitted; (b) The required fe…

4306 ISSUANCE REQUIREMENT ─ NOTICE OF OPENING, DISCONTINUANCE OF OPERATION, AND POSTING 4306.1 The food establishment shall provide notice of opening to the Department at least fourteen (14) calendar days before the opening date. 4306.2 A food establishment shall provide notice t…

4307 ISSUANCE ─ EXISTING ESTABLISHMENTS, LICENSE RENEWAL, AND CHANGE OF OWNERSHIP 4307.1 The Department may renew a license for an existing food establishment or may issue a license to a new owner of an existing food establishment after a properly completed application is submitt…

4308 ISSUANCE ─ DENIAL OF APPLICATION FOR LICENSE, NOTICE 4308.1 If an application for a license to operate is denied, the Department shall provide the applicant with written notice that includes: (a) The specific reasons and legal authority for the license denial; (b) The action…

4309 CONDITIONS OF RETENTION ─ RESPONSIBILITIES OF THE DEPARTMENT 4309.1 The Department shall notify each license applicant how to obtain a copy of this Code so that the license applicant is aware of compliance requirements and the conditions of license retention as specified in …

4310 CONDITIONS OF RETENTION ─ RESPONSIBILITIES OF THE LICENSEE 4310.1 Upon acceptance of the license issued by the Department, the licensee, in order to retain the license, shall comply with §§ 4310.2 through 4310.12. 4310.2 The licensee shall post a current license, valid Certi…

4311 CONDITIONS OF RETENTION ─ LICENSES NOT TRANSFERABLE 4311.1 A license shall not be transferred from one person to another person, from one food establishment to another, or from one type of operation to another if the food operation changes from the type of operation stated i…

4400 FREQUENCY ─ RISK-BASED INSPECTION SCHEDULE 4400.1 The Department shall inspect a food establishment based on a written risk-based inspection schedule that is uniformly applied throughout the District. The Department shall determine, by telephone or other means, that the esta…

4401 FREQUENCY ─ PERFORMANCE AND RISK-BASED FACTORS 4401.1 Within the parameters specified in § 4400, the Department shall prioritize, and conduct more frequent inspections based upon its assessment of a food establishment's history of compliance with this Code and the establishm…

4402 ACCESS AND COMPETENCY OF INSPECTORS ─ RIGHT OF ENTRY, DENIAL A MISDEMEANOR 4402.1 After representatives of the Department present official credentials and provide notice of the purpose of, and an intent to conduct an inspection in accordance with this Code, the person in cha…

4403 REPORT OF FINDINGS ─ DOCUMENTING INFORMATION AND OBSERVATIONS 4403.1 The Department shall designate the form for each food establishment inspection. 4403.2 The Department shall document on an inspection report form: (a) Administrative information about the food establishment…