Chapter 421. Food Regulations

Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Refuse, recyclables, and returnables shall be removed from the premises by way of: 1. Portable receptacles that are constructed and maintained according to law; or 2. A transport vehicle that is constructed, maintained, and operated according to law. Statutory Authority§§ 35.1-11…

Solid waste not disposed of through the sewage system such as through grinders and pulpers shall be recycled or disposed of in an approved public or private community recycling or refuse facility; or solid waste shall be disposed of in an individual refuse facility such as a land…

A. Except as specified in subsection B of this section, materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be: 1. Smooth, durable, and easily cleanable for areas where food establishment operations are conducted; 2. Closely woven and easil…

Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.PStatutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. The outdoor walking and driving areas shall be surfaced with concrete, asphalt, or gravel or other materials that have been effectively treated to minimize dust, facilitate maintenance, and prevent muddy conditions. B. Exterior surfaces of buildings and mobile food establishme…

Except as specified under 12VAC5-421-2840 and except for anti-slip floor coverings or applications that may be used for safety reasons, floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are smooth and easily cleanab…

A. Utility service lines and pipes shall not be unnecessarily exposed. B. Exposed utility service lines and pipes shall be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings. C. Exposed horizontal utility service lines and pipes shall not be i…

A. In food establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than 1/32 inch (1 mm). However, this subsection shall not apply to floor wall junctures in bed and break…

A. A floor covering such as carpeting or similar material shall not be installed as a floor covering in food preparation areas, walk-in refrigerators, warewashing areas, toilet room areas where handwashing lavatories, toilets, and urinals are located, refuse storage rooms, or oth…

Mats and duckboards shall be designed to be removable and easily cleanable. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. Wall and ceiling covering materials shall be attached so that they are easily cleanable. B. Except in areas used only for dry storage, concrete, porous blocks, or bricks used for indoor wall construction shall be finished and sealed to provide a smooth, nonabsorbent, easily cl…

A. Except as specified in subsection B of this section, attachments to walls and ceilings such as light fixtures, mechanical room ventilation system components, vent covers, wall mounted fans, decorative items, and other attachments shall be easily cleanable. B. In a consumer are…

Studs, joists, and rafters shall not be exposed in areas subject to moisture. This requirement does not apply to temporary food establishments. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. Except as specified in subsection B of this section, light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles. B. Shielded, coated, or …

Fluid milk and milk products shall be obtained from sources that comply with Grade A standards as specified in law.PStatutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Heating, ventilating, and air conditioning systems shall be designed and installed so that make-up air intake and exhaust vents do not cause contamination of food, food-contact surfaces, equipment, or utensils. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. Insect control devices that are used to electrocute or stun flying insects shall be designed to retain the insect within the device. B. Insect control devices shall be installed so that: 1. The devices are not located over a food preparation area; and 2. Dead insects and insec…

Except where a toilet room is located outside a food establishment and does not open directly into the food establishment such as a toilet room that is provided by the management of a shopping mall, a toilet room located on the premises shall be completely enclosed and provided w…

A. Except as specified in subsections B through E of this section, outer openings of a food establishment shall be protected against the entry of insects and rodents by: 1. Filling or closing holes and other gaps along floors, walls and ceilings; 2. Closed, tight-fitting windows;…

Perimeter walls and roofs of a food establishment shall effectively protect the establishment from the weather and the entry of insects, rodents, and other animals. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Prepackaged juice shall: 1. Be obtained from a processor with a HACCP system as specified in 21 CFR Part 120;Pf and 2. Be obtained pasteurized or otherwise treated to attain a five-log reduction of the most resistant microorganism of public health significance as specified in 21 …

Except for machines that vend canned beverages, if located outside, a machine used to vend food shall be provided with overhead protection.Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Except for areas used only for the loading of water or the discharge of sewage or other liquid waste, through the use of a closed system of hoses, servicing areas shall be provided with overhead protection.Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Exterior walking and driving surfaces shall be graded to drain. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Outdoor refuse areas shall be constructed in accordance with law and shall be curbed and graded to drain to collect and dispose of liquid waste that results from the refuse and from cleaning the area and waste receptacles. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of …

A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters shall not be used for conducting food establishment operations.PStatutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

This chapter has been promulgated by the board to specify the following requirements to protect public health: 1. A procedure for obtaining a license (permit); 2. Criteria for assuring the safe preparation, handling, protection and/or temperature control for food; 3. Criteria for…

A. Fish that are received for sale or service shall be: 1. Commercially and legally caught or harvested;P or 2. Approved for sale or service .P B. Molluscan shellfish that are recreationally caught shall not be received for sale or service.PStatutory Authority§§ 35.1-11 and 35.1-…

Living or sleeping quarters located on the premises of a food establishment such as those provided for lodging registration clerks or resident managers shall be separated from rooms and areas used for food establishment operations by complete partitioning and solid self-closing d…

(Repealed.)

Article 3 Numbers and Capacities Each handwashing sink or group of two adjacent handwashing sinks shall be provided with a supply of hand cleaning liquid, powder, or bar soap.Pf Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Each handwashing sink or group of adjacent handwashing sinks shall be provided with: 1. Individual, disposable towels;Pf 2. A continuous towel system that supplies the user with a clean towel; Pf 3. A heated-air hand drying device;Pf or 4. A hand drying device that employs an air…

A sink used for food preparation or utensil washing, or a service sink or curbed cleaning facility used for the disposal of mop water or similar wastes, shall not be provided with the handwashing aids and devices required for a handwashing sink as specified under 12VAC5-421-3020 …

A sign or poster that notifies food employees to wash their hands shall be provided at all handwashing sinks used by food employees and shall be clearly visible to food employees. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

(Repealed.)

(Repealed.)

A supply of toilet tissue shall be available at each toilet.PfStatutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

The light intensity shall be: 1. At least 10 foot candles (108 lux) at a distance of 30 inches (75 cm) above the floor, in walk-in refrigeration units and dry food storage areas and in other areas and rooms during periods of cleaning; 2. At least 20 foot candles (215 lux): a. At …

If necessary to keep rooms free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes, mechanical ventilation of sufficient capacity shall be provided. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program (NSSP) Guide for the Control of Mo…

A. Dressing rooms or dressing areas shall be designated if employees routinely change their clothes in the establishment. B. Lockers or other suitable facilities shall be provided for the orderly storage of employees' clothing and other possessions. Statutory Authority§§ 35.1-11 …

(Repealed.)

(Repealed.)

Toilet rooms shall be conveniently located and accessible to employees during all hours of operation. Toilet rooms intended for use by customers shall not necessitate travel through food preparation or handling areas.Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virgin…

A. Areas designated for employees to eat, drink, and use tobacco shall be located so that food, equipment, linens, and single-service and single-use articles are protected from contamination. B. Lockers or other suitable facilities shall be located in a designated room or area wh…

Products that are held by the permit holder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from food, equipment, utensils, linens, and single-service and sin…