District of Columbia Administrative Code

3303 INVESTIGATION AND CONTROL RELEASE OF FOOD EMPLOYEE FROM RESTRICTION OR EXCLUSION 3303.1 The Department shall release a food employee who was infected with Salmonella Typhi from restriction or exclusion if the food employee's stools are negative for Salmonella Typhi based on …

3400 SERVICE OF NOTICE - PROPER METHODS 3400.1 A notice issued in accordance with this Code shall be deemed properly served if it is served by one of the following methods: (a) The notice is personally served by the Department, a law enforcement officer, or person authorized to s…

3401 SERVICE OF NOTICE RESTRICTION OR EXCLUSION, EMBARGO, CONDEMNATION, OR SUMMARY SUSPENSION ORDERS 3401.1 An employee restriction or exclusion order, embargo order, condemnation order, or a summary suspension order shall be: (a) Served as specified in section 3400.1(a); or (b) …

3402 SERVICE OF NOTICE - WHEN NOTICE IS EFFECTIVE 3402.1 Service is effective at the time of the notice's receipt or if service is made as specified in section 3401.1(b), at the time of the notice's posting. SOURCE: Final Rulemaking published at 56 DCR 5245 (July 3, 2009). …

3403 SERVICE OF NOTICE - PROOF OF PROPER SERVICE 3403.1 Proof of proper service may be made by certificate of service signed by the person making service or by admission of a return receipt, certificate of mailing, or a written acknowledgment signed by the licensee, dealer, the p…

3500 CRITERIA FOR SEEKING REMEDIES - CONDITIONS WARRANTING REMEDY 3500.1 The Department may seek an administrative or judicial remedy to achieve compliance with the provisions of this Code if a licensee, dealer, or person operating a food processing operation, or employee: (a) Fa…

3501 CRITERIA FOR SEEKING REMEDIES - CONDITIONS WARRANTING REMEDY, SHELLFISH-PROCESSING OPERATIONS 3501.1 The Department may seek an administrative or judicial remedy, or any combination thereof, to achieve compliance with the provisions of this Code if a person operating a shell…

3502 ADMINISTRATIVE - EXAMINING, SAMPLING, AND TESTING FOOD 3502.1 The Department may collect samples, without cost, and examine them as necessary to determine compliance with this Code. SOURCE: Final Rulemaking published at 56 DCR 5245 (July 3, 2009).

3503 ADMINISTRATIVE - EMBARGO ORDER, JUSTIFYING CONDITIONS AND REMOVAL OF FOOD 3503.1 A duly authorized agent of the Department may embargo and forbid the sale of, or cause to be destroyed, any food it finds or has probable cause to believe: (a) May be unsafe, adulterated, or not…

3504 ADMINISTRATIVE - EMBARGO ORDER, CONTENTS 3504.1 The embargo order notice shall: (a) State that food subject to the order may not be used, sold, moved from the food processing operation, or destroyed without a written release of the order from the Department; (b) State the sp…

3505 ADMINISTRATIVE - EMBARGO ORDER, OFFICIAL TAGGING OR MARKING OF FOOD 3505.1 The Department shall affix an official tag, label, or other appropriate marking on the food or containers or otherwise conspicuously identify food subject to the embargo order. 3505.2 The official tag…

3506 ADMINISTRATIVE - EMBARGO ORDER, FOOD MAY NOT BE USED OR MOVED 3506.1 A food placed under an embargo order may not be used, sold, served, or moved from the establishment by any person, except as specified in section 3506.2. 3506.2 The Department may allow the licensee or deal…

3507 ADMINISTRATIVE - EMBARGO ORDER, REMOVING THE OFFICIAL TAG OR MARKING 3507.1 Only the Department may remove embargo order tags, labels, or other appropriate markings from food subject to an embargo order. SOURCE: Final Rulemaking published at 56 DCR 5245 (July 3, 2009). …

3508 ADMINISTRATIVE - EMBARGO ORDER, DESTROYING OR DENATURING FOOD 3508.1 If an embargo order is sustained pursuant to a hearing, or if a timely request for a hearing is not filed, the Department may order the licensee, dealer, or other person who owns or has custody of the food …

3509 ADMINISTRATIVE - EMBARGO ORDER, WARNING OR HEARING NOT REQUIRED 3509.1 The Department may issue an embargo order to a licensee or dealer, or to a person who owns or controls the food, as specified in section 3503, without prior warning, notice of a hearing, or a prior hearin…

3510 ADMINISTRATIVE - CONDEMNATION ORDER, JUSTIFYING CONDITIONS AND REMOVAL OF EQUIPMENT, UTENSILS AND FOOD PACKAGING MATERIALS 3510.1 The Department may condemn and cause to be removed any equipment, utensils, or food packaging materials found in a food processing operation the …

3511 ADMINISTRATIVE - CONDEMNATION ORDER, CONTENTS 3511.1 The condemnation order shall: (a) State that the equipment, utensils or food packaging materials subject to the order may not be used, sold, moved from the food processing operation, or destroyed without a written release …

3512 ADMINISTRATIVE - CONDEMNATION ORDER, OFFICIAL TAGGING OR MARKING OF EQUIPMENT, UTENSILS, AND FOOD PACKAGING MATERIALS 3512.1 The Department shall place a tag, label, or other appropriate marking to indicate the condemnation of equipment, utensils, or food packaging materials…

3513 ADMINISTRATIVE - CONDEMNATION ORDER, EQUIPMENT, UTENSILS, AND FOOD PACKAGING MATERIALS MAY NOT BE USED OR MOVED 3513.1 Equipment, utensils or food packaging materials that is subject to a condemnation order may not be used, sold, moved, or otherwise destroyed by any person, …

3514 ADMINISTRATIVE - CONDEMNATION ORDER, REMOVING THE OFFICIAL TAG OR MARKING 3514.1 No person shall remove the tag, label, or other appropriate marking except under the direction of the Department as specified in section 3514.2. 3514.2 The Department shall issue a notice of rel…

3515 ADMINISTRATIVE - CONDEMNATION ORDER, WARNING OR HEARING NOT REQUIRED 3515.1 The Department may issue a condemnation order to a licensee or dealer, or to a person who owns or controls the equipment, utensils or food packaging materials as specified in section 3510, without pr…

3516 ADMINISTRATIVE - SUMMARY SUSPENSION OF LICENSE OR DEALER CERTIFICATION, CONDITIONS WARRANTING ACTION 3516.1 The Department may summarily suspend a license or dealer certification to operate a food processing operation if it is denied access to the food processing operation t…

3517 ADMINISTRATIVE - CONTENTS OF SUMMARY SUSPENSION NOTICE 3517.1 A summary suspension notice shall state: (a) That the license or dealer certification of a food processing operation is immediately suspended and that all operations shall immediately cease; (b) The reasons for su…

3518 ADMINISTRATIVE - SUMMARY SUSPENSION, WARNING OR HEARING NOT REQUIRED 3518.1 The Department may summarily suspend a license or dealer certification as specified in section 3516 by providing written notice as specified in section 3517 of the summary suspension to the licensee …

3519 ADMINISTRATIVE - SUMMARY SUSPENSION, TIME FRAME FOR REINSPECTION 3519.1 After receiving a written request from the licensee or dealer stating that the conditions cited in the summary suspension order no longer exist, the Department shall conduct a reinspection of the food pr…

3520 ADMINISTRATIVE - SUMMARY SUSPENSION, TERM OF SUSPENSION, REINSTATEMENT 3520.1 A summary suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and the Department has confirmed, through re-inspection or other appropriate means…

3521 ADMINISTRATIVE - REVOCATION OR SUSPENSION OF LICENSE OR DEALER CERTIFICATION 3521.1 Failure to comply with any of the provisions of this Code shall be grounds for the revocation or suspension of any license or dealer certification issued for a food processing operation pursu…

3522 ADMINISTRATIVE - CIVIL PENALTIES 3522.1 Civil fines, penalties, or related costs may be imposed against any food processing operation, owner, licensee, or dealer for violation of any provision of this Code. 3522.2 The Department may impose penalties for violations of any pro…

3523 ADMINISTRATIVE - CIVIL PENALTIES, NOTICES OF VIOLATION OR INFRACTIONS 3523.1 The notice of violation shall state the nature of the violation and allow a reasonable time for performance of the necessary corrective action. 3523.2 If a person fails to comply with the time state…

3524 ADMINISTRATIVE - CIVIL PENALTIES, STORAGE & TRANSPORT OF FOOD 3524.1 A person who knowingly stores or transports food in violation of sections 900, 901, and 903, or chapters 26 and 27, or who knowingly causes food to be stored or transported in violation of sections 900, 901…

3525 JUDICIAL - CRIMINAL PENALTIES, INJUNCTIVE RELIEF, IMPRISONMENT 3525.1 Any person who knowingly violates any provision of this Code shall, upon conviction, be punished by a fine not to exceed ten thousand dollars ($10,000), imprisonment not to exceed one (1) year, or both, fo…

3600 PROHIBITED CONDUCT - GENERAL PROVISIONS 3600.1 The following activities are prohibited within the District: (a) Selling a food or a food product that is adulterated or misbranded; (b) Adulterating or misbranding a food or a food product; (c) Receiving a food or a food produc…

3601 PROHIBITED CONDUCT - EGG & EGG PRODUCTS 3601.1 No person shall buy, sell, or transport, offer to buy or sell, or offer or receive for transportation any restricted eggs capable of use as human food, except as authorized in accordance with section 702. 3601.2 No egg handler s…

3602 PROHIBITED PRACTICES - MISBRANDING, FALSE LABEL 3602.1 A food shall be deemed to be misbranded if: (a) Its labeling is false or misleading; (b) It is offered for sale under the name of another food; (c) It is an imitation of another food, unless its label bears, in type of u…

3603 PROHIBITED PRACTICES - PACKAGED FOOD, MISBRANDING 3603.1 If a food is in a packaged form it shall be deemed to be misbranded, unless it bears a label containing: (a) The name and place of business of the manufacturer, packer, or distributor; and (b) An accurate statement of …

3604 PROHIBITED PRACTICES - MISBRANDING, LACK OF PROMINENT LABEL 3604.1 A food shall be deemed to be misbranded if any word, statement, or other information required by this Code to appear on the food's label is not prominently placed on the label with such conspicuousness (as co…

3605 PROHIBITED PRACTICES - MISBRANDING, FAILURE TO SHOW USUAL NAME AND INGREDIENTS 3605.1 A food shall be deemed to be misbranded unless its label bears: (a) The common or usual name of the food, if any; and (b) If the food is fabricated from two or more ingredients, the common …

3606 PROHIBITED PRACTICES - PERISHABLE PACKAGED FOOD, REPACKAGING TO SUBSTITUTE FOR ORIGINAL DATE, EXCEPTION 3606.1 No person shall sell, trade, or barter any perishable packaged food beyond the pull date appearing thereon. 3606.2 No person shall rewrap or repackage any packaged …

3700 ADMINISTRATIVE - NOTICE, REQUEST FOR HEARING, BASIS AND TIME FRAME 3700.1 A person who receives a notice of hearing for an administrative remedy as specified in this chapter and elects to respond to the notice shall file a response to the notice within seven (7) calendar day…

3701 ADMINISTRATIVE - HEARINGS ADMINISTRATION - CONTENTS OF RESPONSE TO HEARING NOTICE, OR HEARING REQUEST 3701.1 A response to a hearing notice shall be in writing and contain the following: (a) An admission or denial of each allegation of fact; (b) A statement as to whether the…

3702 ADMINISTRATIVE - HEARINGS ADMINISTRATION, TIMELINESS 3702.1 The Department shall afford a hearing within seventy-two (72) hours after receiving a written request for a hearing from: (a) A person who is excluded by the Department from working in a food processing operation as…

3800 JUDICIAL REVIEW - APPEALS 3800.1 Any person aggrieved by a final order or decision of the Department may seek judicial review in accordance section 9(e) of the An Act Relating to the adulteration of food and drugs in the District of Columbia, approved February 17, 1898 (30 S…

400 HANDS AND ARMS - CLEAN CONDITION* 400.1 Food employees shall keep their hands and exposed portions of their arms clean. SOURCE: Final Rulemaking published at 56 DCR 5245 (July 3, 2009).

401 HANDS AND ARMS - CLEANING PROCEDURE* 401.1 Except as specified in section 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…

402 HANDS AND ARMS - WHEN TO WASH* 402.1 Food employees shall clean their hands and exposed portions of their arms as specified in section 401 immediately before working in direct contact with food, equipment, utensils, food-contact surfaces, or food-packaging materials, and: (a)…

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 of the following: (1) Be an approved drug that is listed in the FDA publication Approve…

405 HANDS AND ARMS - FINGERNAIL MAINTENANCE 405.1 All persons working in direct contact with food, equipment, utensils, food- contact surfaces, or food-packaging materials shall keep their fingernails trimmed, filed, and maintained so that the edges and surfaces are cleanable and…

406 HANDS AND ARMS - JEWELRY PROHIBITION 406.1 Persons working in direct contact with food, equipment, utensils, food-contact surfaces, or food-packaging materials shall not wear jewelry, including medical information jewelry on their arms and hands, except for a plain ring such …

407 FOOD CONTAMINATION PREVENTION- OUTER CLOTHING, CLEAN CONDITION 407.1 All persons working in direct contact with food, equipment, utensils, food-contact surfaces, or food-packaging materials shall wear clean and protective clothing that is: (a) Clean at the start of the work s…