Chapter 421. Food Regulations

A. Except as specified in subsection B of this section, only dustless methods of cleaning shall be used, such as wet cleaning, vacuum cleaning, mopping with treated dust mops, or sweeping using a broom and dust-arresting compounds. B. Spills or drippage on floors that occur betwe…

A. Except as specified in subsection B of this section, mushroom species picked in the wild shall not be offered for sale or service by a food establishment unless the food establishment has been approved to do so.P B. This section does not apply to: 1. Cultivated wild mushroom s…

A. Intake and exhaust air ducts shall be cleaned and filters changed so they are not a source of contamination by dust, dirt, and other materials. B. If vented to the outside, ventilation systems shall not create a public health hazard or nuisance or unlawful discharge. Statutory…

Food preparation sinks, handwashing lavatories, and warewashing equipment shall not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar liquid wastes.PfStatutory Authority§§ 35.1-11 and 35.1-…

After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Except as specified in 12VAC5-421-3190 B, sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials shall not be used on floors. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Plumbing fixtures such as handwashing sinks, toilets, and urinals shall be cleaned as often as necessary to keep them clean and maintained and used as specified under 12VAC5-421-2310.Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Toilet room doors as specified under 12VAC5-421-2920 shall be kept closed except during cleaning and maintenance operations unless otherwise required by other regulations or law. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. Dressing rooms shall be used by employees if the employees regularly change their clothes in the establishment. B. Lockers or other suitable facilities shall be used for the orderly storage of employee clothing and other possessions. Statutory Authority§§ 35.1-11 and 35.1-14 o…

The presence of insects, rodents, and other pests shall be controlled to minimize their presence on the premises by: 1. Routinely inspecting incoming shipments of food and supplies; 2. Routinely inspecting the premises for evidence of pests; 3. Using methods, if pests are found, …

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 the attraction of pests. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall be: 1. Stored so they do not contaminate food, equipment, utensils, linens, and single-service and single-use articles; and 2. Stored in an orderly manner that facilitates cleaning the area used for …

A. If game animals are received for sale or service they shall be: 1. Commercially raised for food and raised, slaughtered, and processed under a voluntary inspection program that is conducted by the state agency that has animal health jurisdiction or under a voluntary inspection…

The premises shall be free of: 1. Items that are unnecessary to the operation or maintenance of the establishment such as equipment that is nonfunctional or no longer used; and 2. Litter. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. Except as specified in subsections B and C of this section, live animals shall not be allowed on the premises of a food establishment.Pf B. Live animals may be allowed in the following situations if the contamination of food; clean equipment, utensils, and linens; and unwrappe…

Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label.PfStatutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

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.PfStatutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Poisonous or toxic materials shall be stored so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by: 1. Separating the poisonous or toxic materials by spacing or partitioning;P and 2. Locating the poisonous or toxic materials i…

A. 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 allowed in a food establishment.Pf B. Subsect…

Poisonous or toxic materials shall be: 1. Used according to: a. Law and this chapter; b. Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's label instructions that state that use is allowed in a food establishment;P c. The conditions of certi…

A container previously used to store poisonous or toxic materials shall not be used to store, transport, or dispense food.PStatutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Chemical sanitizers, including chemical sanitizing solutions generated on site, and other chemical antimicrobials applied to food-contact surfaces shall: 1. Meet the requirements specified in 40 CFR 180.940,P or 2. Meet the requirements as specified in 40 CFR 180.2020.PStatutory …

Chemicals, including those generated on site, used to wash or peel raw, whole fruits and vegetables or used in the treatment, storage, and processing of fruits and vegetables shall: 1. Be an approved food additive listed for this intended use in 21 CFR Part 173;P or 2. Be general…

A. Except as specified in subsection B of this section, refrigerated, time/temperature control for safety food shall be at a temperature of 41°F (5°C) or below when received.P B. If a temperature other than 41°F (5°C) for a time/temperature control for safety food is specified in…

Chemicals used as boiler water additives shall meet the requirements specified in 21 CFR 173.310.P Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Drying agents used in conjunction with sanitization shall: 1. Contain only components that are listed as one of the following: a. Generally recognized as safe (GRAS) for use in food as specified in 21 CFR Part 182 or 21 CFR Part 184,P b. GRAS for the intended use as specified in …

Lubricants shall meet the requirements specified in 21 CFR 178.3570 if they are used on food-contact surfaces, on bearings and gears located on or within food-contact surfaces, or on bearings and gears that are located so that lubricants may leak, drip, or be forced into food or …

Restricted use pesticides specified under subdivision 3 of 12VAC5-421-3360 shall meet the requirements specified in 40 CFR Part 152, Subpart I.P Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Rodent bait shall be contained in a covered, tamper-resistant bait station.P Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. Except as specified in subsection B of this section, a tracking powder pesticide shall not be used in a food establishment.P B. If used, a nontoxic tracking powder such as talcum or flour shall not contaminate food, equipment, utensils, linens, and single-service and single-us…

A. No food establishment may display medicines other than medicines for retail sale.Pf B. No food establishment may store medicines other than the following: 1. Medicines for the use of children in a day care center;P 2. Medicines that are referenced in § 8.01-225 A 17 of the Cod…

Medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator shall be: 1. Stored in a package or container and kept inside a covered, leakproof container that is identified as a container for the storage of …

First aid supplies that are in a food establishment for the employees' use shall be: 1. Labeled as specified under 12VAC5-421-3320;Pf and 2. Stored in a kit or a container that is located to prevent the contamination of food, equipment, utensils, and linens, and single-service an…

Except as specified under 12VAC5-421-3470 and 12VAC5-421-3480, employees shall store their personal care items in facilities as specified under 12VAC5-421-3100 B. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Food shall not contain unapproved food additives or additives that exceed amounts specified in 21 CFR Parts 170-180 relating to food additives; generally recognized as safe (GRAS) or prior sanctioned substances that exceed amounts allowed in 21 CFR Parts 181-186; substances that …

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: 1. Separating the poisonous or toxic materials by spacing or partitioning;P and 2. Locating the …

A. The department shall apply this chapter to promote its underlying purpose, as specified in 12VAC5-421-30, of safeguarding public health and ensuring that food is safe , unadulterated and honestly presented when offered to the consumer. B. In enforcing the provisions of this re…

A. If necessary to protect against public health hazards or nuisances, the department may impose specific requirements in addition to the requirements contained in this regulation that are authorized by law. B. The department shall document the conditions that necessitate the imp…

The provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) shall govern the procedures for rendering all case decisions, as defined in § 2.2-4001, and for issuing all orders and regulations promulgated pursuant to the authority of Title…

(Repealed.)

(Repealed.)

A. The commissioner or his designee may grant a variance to this chapter by following the appropriate procedures set forth in this section and 12VAC5-421-3580. B. The commissioner or the commissioner's designee may grant a variance if he finds that the hardship imposed, which may…

A. The commissioner shall act on any variance request submitted pursuant to 12VAC5-421-3570 C within 60 days of receipt of the request. B. In evaluating a variance application, the commissioner shall consider such factors as the following: 1. The effect that such a variance would…

A. If the commissioner proposes to deny the variance he shall provide the owner an opportunity to an informal fact-finding conference as provided in § 2.2-4019 of the Code of Virginia. Following this opportunity for an informal fact-finding conference the commissioner may reject …

If the commissioner or the commissioner's designee grants a variance as specified in 12VAC5-421-3570, or a HACCP plan is otherwise required as specified under 12VAC5-421-3620, the permit holder shall: 1. Comply with the HACCP plans and procedures that are submitted as specified u…

Eggs shall be received clean and sound and shall not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA. …