District of Columbia Administrative Code

2812 HANDWASHING SINKS, PLUMBING, AND VENTILATION 2812.1 Handwashing sinks shall be provided in accordance with sections 1900 through 1905; and shall be directly plumbed to an approved sewage disposal system in accordance with section 1401. 2812.2 The dealer shall provide at leas…

2813 PHYSICAL SEPARATION OF ACTIVITIES 2813.1 Facilities for shucking and packing activities shall be separated by physical barriers such as rooms, partitions, or spacing to prevent contamination. 2813.2 Manufacturing activities, which could result in the contamination of the she…

2814 PLANT AND GROUNDS 2814.1 The physical facilities of a shellfish operation shall be maintained in good repair. 2814.2 Grounds around the facility shall be maintained in a manner that prevents rodent attraction and harborage, and provides adequate drainage to avoid shellfish c…

2815 PLANT INTERIOR 2815.1 Sanitary conditions shall be maintained throughout the facility. 2815.2 All dry area floors shall be hard, smooth, easily cleanable, and in good repair. 2815.3 All wet area floors used in areas to store shellstock, process food, or clean equipment or ut…

2816 WASTE DISPOSAL 2816.1 Disposal of waste materials shall not create a public health hazard or nuisance. 2816.2 All areas and receptacles used for the storage or conveyance of waste shall be operated and maintained to prevent the attraction, harborage, or breeding of insects, …

2900 USE FOR INTENDED PURPOSE - PUBLIC HEALTH PROTECTION 2900.1 The Department shall use this Code to promote the safeguarding of public health to ensure the safe manufacturing, processing, and packing of food, and the safe shipping and receiving of shellfish. 2900.2 In enforcing…

2901 PREVENTING HEALTH HAZARDS - PROVISION FOR CONDITIONS NOT ADDRESSED 2901.1 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…

300 DISEASE OR MEDICAL CONDITION - RESPONSIBILITY OF FOOD EMPLOYEES AND CONDITIONAL EMPLOYEES TO REPORT SYMPTOMS AND DIAGNOSIS* 300.1 The licensee shall require food employees and conditional employees to report to their supervisors, in accordance with this section, information a…

301 DISEASE OR MEDICAL CONDITION - RESPONSIBILITY OF SUPERVISOR TO REPORT SPECIFIC ILLNESS OF FOOD EMPLOYEE TO THE DEPARTMENT 301.1 A supervisor shall notify the Department when a food employee is: (a) Jaundiced; or (b) Diagnosed with an illness due to a pathogen specified in sec…

302 DISEASE OR MEDICAL CONDITION - RESPONSIBILITY OF SUPERVISOR TO PROHIBIT A CONDITIONAL EMPLOYEE WITH A SPECIFIC ILLNESS FROM BECOMING A FOOD EMPLOYEE 302.1 A supervisor shall ensure that a conditional employee who exhibits or reports a symptom, or reports a diagnosed illness a…

303 DISEASE OR MEDICAL CONDITION - RESPONSIBILITY OF SUPERVISOR TO EXCLUDE OR RESTRICT ILL FOOD EMPLOYEES* 303.1 A supervisor shall ensure that a food employee who exhibits or reports a symptom or who reports a diagnosed illness as specified in sections 300.3 through 300.5 is: (a…

304 DISEASE OR MEDICAL CONDITION RESPONSIBILITY OF FOOD EMPLOYEES TO COMPLY WITH EXCLUSIONS OR RESTRICTIONS 304.1 A food employee shall comply with: (a) An exclusion imposed pursuant to section 305, unless reinstated pursuant to section 307; or (b) A restriction imposed pursuant …

305 DISEASE OR MEDICAL CONDITION - CONDITIONS REQUIRING EXCLUSION OF ILL FOOD EMPLOYEES 305.1 A supervisor shall exclude a food employee from a food processing operation if the food employee is: (a) Symptomatic with vomiting or diarrhea; or (b) Symptomatic with vomiting or diarrh…

306 DISEASE OR MEDICAL CONDITION - CONDITIONS REQUIRING RESTRICTION OF ILL FOOD EMPLOYEES 306.1 If a food employee is diagnosed with an infection from Norovirus, Shigella spp., or Enterohemorrhagic or Shiga Toxin-Producing Escherichia coli, and is asymptomatic, a supervisor shall…

307 DISEASE OR MEDICAL CONDITION RESPONSIBILITY OF SUPERVISOR TO REMOVE, ADJUST, OR RETAIN EXCLUSIONS AND RESTRICTIONS OF ILL FOOD EMPLOYEES* 307.1 A supervisor may reinstate a food employee who was excluded under section 305.1(a) for being symptomatic with vomiting or diarrhea i…

3000 FACILITY AND OPERATING PLANS - WHEN REQUIRED 3000.1 An applicant, licensee or dealer shall submit to the Department for review and approval properly prepared plans and specifications as specified in section 704, section 801.2 or chapter 25, and this chapter before: (a) Openi…

3001 FACILITY AND OPERATING PLANS - CONTENTS AND SPECIFICATIONS 3001.1 Plans and specifications for a food processing operation shall include the following information to demonstrate conformance with this Code: (a) Type of foods that are potentially hazardous to be produced, stor…

3002 FACILITY AND OPERATING PLANS - WHEN MUST A HACCP PLAN BE SUBMITTED 3002.1 An applicant, licensee or dealer shall submit a HACCP Plan to the Department for approval when: (a) An HACCP Plan is required under section 801.2 or chapter 25, and an initial application for a license…

3003 FACILITY AND OPERATING PLANS COMPLIANCE WITH HACCP PLAN 3003.1 A licensee or dealer shall maintain and provide to the Department, on request, records that demonstrate that the following are routinely employed: (a) Procedures for monitoring critical control points; (b) Monito…

3004 CONFIDENTIALITY - TRADE SECRETS 3004.1 The Department shall treat as confidential, information that is contained in the plans and specifications submitted pursuant to section 3001. SOURCE: Final Rulemaking published at 56 DCR 5245 (July 3, 2009).

3005 CONSTRUCTION, INSPECTION, AND APPROVAL - PREOPERATIONAL INSPECTIONS 3005.1 The Department shall conduct one (1) or more preoperational inspections to verify that the food processing operation is constructed and equipped in accordance with approved plans and approved modifica…

3100 LICENSE / CERTIFICATION REQUIREMENT - PREQUISITE FOR OPERATION 3100.1 No person shall operate a food processing operation, including owning, operating or offering the services of any refrigerated locker or lockers, in the District without a valid license or dealer certificat…

3101 APPLICATION PROCEDURE - PERIOD FOR SUBMISSION 3101.1 An applicant shall submit an application for a license or dealer certification at least thirty (30) calendar days before the date planned for opening a food processing operation or the expiration date of the current licens…

3102 APPLICATION PROCEDURE - FORM OF SUBMISSION 3102.1 An applicant shall submit a written application for a license or dealer certification on a form provided by the Department. SOURCE: Final Rulemaking published at 56 DCR 5245 (July 3, 2009).

3103 APPLICATION PROCEDURE - CONTENTS OF THE APPLICATION 3103.1 The application for a license for a food processing operation shall include the name, address, and signature of the applicant, and the following information, in addition to any information required for shellfish oper…

3104 ISSUANCE OF LICENSE, CERTIFICATION - NOTICE OF OPENING, DISCONTINUANCE OF OPERATION, AND POSTING 3104.1 A food processing operation shall provide notice to the Department of its intent to operate at least thirty (30) calendar days before beginning operations. 3104.2 A food p…

3105 ISSUANCE OF LICENSE, CERTIFICATION - NEW, CONVERTED, OR REMODELED FOOD PROCESSING OPERATIONS 3105.1 For food processing operations that are required to submit plans as specified in section 3000, the Department shall issue a license or dealer certification to an applicant aft…

3106 ISSUANCE OF LICENSE, CERTIFICATION - EXISTING OPERATIONS, AND CHANGE OF OWNERSHIP OR LOCATION 3106.1 The Department shall renew a license or dealer certification to an existing food processing operation after a properly completed application is submitted, reviewed and approv…

3107 ISSUANCE - DENIAL OF APPLICATION FOR LICENSE OR DEALER CERTIFICATION, NOTICE 3107.1 If an application for a license or dealer certification or a renewal of a license or dealer certification is denied, the Department shall provide the applicant with written notice that includ…

3108 CONDITIONS OF RETENTION - RESPONSIBILITIES OF THE LICENSEE OR DEALER 3108.1 Upon receipt of a license or dealer certification issued by the Department, the licensee or dealer, in order to retain the license or dealer certification, shall comply with sections 3108.2 through 3…

3109 CONDITIONS OF RETENTION - LICENSE OR DEALER CERTIFICATION NOT TRANSFERABLE 3109.1 A license or dealer certification shall not be transferred from one person to another person, or from one type of food processing operation to another if the operation changes from the type of …

3200 ACCESS - DEPARTMENT RIGHT OF ENTRY, DENIAL 3200.1 After representatives of the Department present official credentials and provide notice of the purpose and intent to conduct an inspection in accordance with this Code, the applicant, licensee or dealer shall allow the Depart…

3201 FREQUENCY - RISK-BASED INSPECTION SCHEDULE 3201.1 The Department shall inspect a food processing operation based on a written risk-based inspection schedule that is uniformly applied throughout the District. 3201.2 The Department shall prioritize the inspection frequency for…

3202 FREQUENCY - PERFORMANCE AND RISK-BASED FACTORS 3202.1 Within the parameters specified in section 3201, the Department shall prioritize and conduct more frequent inspections based upon its assessment of a food processing operation's history of compliance with this Code and it…

3203 FREQUENCY - SHELLFISH-PROCESSING OPERATIONS 3203.1 In addition to section 3202.1, the Department shall inspect shellfish-processing operations identified in section 3201.2(a) for compliance with subtitle H and the most recent edition of the Interstate Shellfish Sanitation Co…

3204 FREQUENCY - SHELLFISH-PROCESSING OPERATIONS, PERFORMANCE BASED INSPECTION PROGRAM (PIP) 3204.1 A performance based inspection program (PIP) may be instituted by the Department for any dealer who meets the requirements of this section. 3204.2 The minimum frequency of inspecti…

3205 REPORT OF FINDINGS - DOCUMENTING INFORMATION AND OBSERVATIONS 3205.1 The Department shall document on an inspection report form: (a) Administrative information about the food processing operation's legal identity, street and mailing addresses, type of operation, and food pro…

3206 REPORT OF FINDINGS SPECIFYING TIME FRAME FOR CORRECTIONS 3206.1 The Department shall specify on the inspection report form the time frame for correction of violations as specified in sections 3212, and 3214. SOURCE: Final Rulemaking published at 56 DCR 5245 (July 3, 2009). …

3207 REPORT OF FINDINGS - ISSUING REPORT AND OBTAINING ACKNOWLEDGMENT OF RECEIPT 3207.1 At the conclusion of the inspection, the Department shall provide a copy of the completed inspection report and the notice to correct violations to the licensee or dealer, and request a signed…

3208 REPORT OF FINDINGS - REFUSAL TO SIGN ACKNOWLEDGMENT 3208.1 The Department shall inform a person who declines to sign an acknowledgment of receipt of inspection findings that: (a) An acknowledgment of receipt is not an agreement with the finding; (b) Refusal to sign an acknow…

3209 DEPARTMENT RECORDS REQUIREMENTS 3209.1 The Department shall keep and maintain a record of each inspection made of any food processing operation within the District for a period of three (3) years. 3209.2 The Department shall maintain annual records of the following informati…

3210 IMMINENT HEALTH HAZARD - CEASING OPERATIONS AND EMERGENCY REPORTING 3210.1 A licensee or dealer shall immediately discontinue operations and notify the Department if an imminent health hazard may exist because of an emergency, such as: (a) A fire; (b) A flood; (c) An extende…

3211 IMMINENT HEALTH HAZARD - RESUMPTION OF OPERATIONS 3211.1 If operations are discontinued as specified in section 3210 or otherwise according to District laws and regulations, the licensee or dealer shall obtain approval from the Department before resuming operations. 3211.2 A…

3212 CRITICAL VIOLATION - TIME FRAME FOR CORRECTION 3212.1 A licensee or dealer shall, at the time of inspection, correct a critical violation of this Code and implement corrective action for a HACCP Plan requirement that is not in compliance with its critical limit(s) in accorda…

3213 CRITICAL VIOLATION - VERIFICATION AND DOCUMENTATION OF CORRECTION 3213.1 After observing at the time of inspection a correction of a critical violation, the Department shall enter the violation and information about the corrective action on the inspection report. 3213.2 Afte…

3214 NONCRITICAL VIOLATION - TIME FRAME FOR CORRECTION 3214.1 The licensee or dealer shall correct noncritical violations by a date and time agreed to or specified by the Department but no later than thirty (30) business days after the inspection, except as specified in section 3…

3215 REQUEST FOR REINSPECTION 3215.1 If a license or dealer certification is summarily suspended pursuant to section 3516 or suspended or revoked pursuant to 3521 because of violations of this Code, the licensee or dealer shall submit a written request for reinspection. 3215.2 Up…

3300 INVESTIGATION AND CONTROL - OBTAINING INFORMATION, ILLNESSES 3300.1 The Department shall, when it has probable cause to believe that a food employee has transmitted a disease, is infected with a disease in a communicable form that is transmissible through food, is a carrier …

3301 INVESTIGATION AND CONTROL RESTRICTION OR EXCLUSION OF FOOD EMPLOYEE OR SUMMARY SUSPENSION OF LICENSE OR DEALER CERTIFICATION 3301.1 Based on the findings of an investigation related to a food employee who is suspected of being infected or diseased, or a carrier of an infecti…

3302 INVESTIGATION AND CONTROL - RESTRICTION OR EXCLUSION ORDER 3302.1 Based on the findings of the investigation specified in section 3300 and to control disease transmission, the Department may issue an order of restriction or exclusion to a suspected food employee or the licen…