Chapter 421. Food Regulations

For a food establishment that is required under 12VAC5-421-3620 to have a HACCP plan, the permit applicant or permit holder shall submit to the department a properly prepared HACCP plan that includes: 1. General information such as the name of the permit applicant or permit holde…

The department shall treat as confidential in accordance with law, information that meets the criteria specified in law for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified under 12VAC5-421-3610 and 12VAC5-421-3…

The department shall conduct one or more preoperational inspections to verify that the food establishment is constructed and equipped in accordance with the approved plans and approved modifications of those plans, has established standard operating procedures as specified under …

A. No person shall own, establish, conduct, maintain, manage, or operate any food establishment in this Commonwealth unless the food establishment is permitted as provided in this section. All permits shall be in the name of the owner . Permits shall not be issued to newly constr…

A. An applicant seeking to operate a nontemporary food establishment shall submit an application for a permit at least 30 calendar days before the date planned for opening a food establishment or at least 30 calendar days before the expiration date of the current permit for an ex…

A person desiring to operate a food establishment shall submit to the department a written application for a permit on a form provided by the department.Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

To qualify for a permit, an applicant shall: 1. Be an owner of the food establishment or an officer of the legal ownership; 2. Comply with the requirements of this chapter; and 3. As specified under 12VAC5-421-3820, agree to allow access to the food establishment and to provide r…

A. Egg products shall be obtained pasteurized.P B. Fluid and dry milk and milk products shall: 1. Be obtained pasteurized;P and 2. Comply with Grade A standards as specified in law. C. Frozen milk products, such as ice cream, shall be obtained pasteurized in accordance with 21 CF…

The application shall include: 1. The name, mailing address, telephone number, and signature of the person applying for the permit and the name, mailing address, and location of the food establishment; 2. Information specifying whether the food establishment is owned by an associ…

For food establishments that are required to submit plans as specified under 12VAC5-421-3600 the department shall issue a permit to the applicant after: 1. A properly completed application is submitted; 2. Any required fee is submitted; 3. The required plans, specifications, and …

A. The department may renew a permit for an existing food establishment or may issue a permit to a new owner of an existing food establishment after a properly completed application is submitted, reviewed, and approved, any fees are paid, and an inspection shows that the establis…

If an application for a permit to operate is denied, the department shall provide the applicant with a notice that includes: 1. The specific reasons and chapter citations for the permit denial; 2. The actions, if any, that the applicant must take to qualify for a permit; and 3. A…

A. At the time a permit is first issued, the department shall provide to the permit holder a copy (or opportunity to obtain a copy) of this chapter so that the permit holder is notified of the compliance requirements and the conditions of retention, as specified under 12VAC5-421-…

In order to retain a permit issued by the department, the permit holder shall: 1. Post the permit in a location in the food establishment that is conspicuous to consumers; 2. Comply with the provisions of this chapter including the conditions of a granted variance as specified un…

A permit 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 specified in the application as specified under 12VAC5-421-3700 and the c…

The director may summarily suspend a permit to operate a food establishment if the director finds the continued operation constitutes a substantial and imminent threat to the public health. Upon receipt of such notice that a permit is suspended, the permit holder shall cease food…

The director may, after conducting an informal fact-finding conference in accordance with § 2.2-4019 of the Code of Virginia, revoke a permit for violation of any of the requirements of this part.Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Any person whose permit has been revoked, may apply for a new permit by following the procedures of this part outlined in 12VAC5-421-3670 through 12VAC5-421-3700. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.Pf Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Food establishments shall be inspected by the department. Inspections of the food establishments shall be performed as often as necessary for the enforcement of this chapter in accordance with the following: 1. Except as specified in subdivisions 2 and 3 of this section, the depa…

Within the parameters specified in 12VAC5-421-3800, the department shall prioritize the conducting of more frequent inspections based upon its assessment of a food establishment's history of compliance with this chapter and the establishment's potential as a vector of foodborne i…

A. An authorized representative of the commissioner who inspects a food establishment or conducts plan review for compliance with this chapter shall have the knowledge, skills, and ability to adequately perform the required duties. For the purposes of this section, competency sha…

After the department presents official credentials and provides notice of the purpose of and an intent to conduct an inspection, the person in charge shall allow the department to determine if the food establishment is in compliance with this chapter by allowing access to the est…

If a person denies access to the department, the department shall: 1. Inform the person that: a. The permit holder is required to allow access to the department as specified under 12VAC5-421-3820, b. Access is a condition of the acceptance and retention of a food establishment pe…

If after the department presents credentials and provides notice as specified under 12VAC5-421-3820, explains the authority upon which access is requested, and makes a final request for access as specified in 12VAC5-421-3830, the person in charge continues to refuse access, the d…

If denied access to a food establishment for an authorized purpose and after complying with 12VAC5-421-3830, the commissioner or his designee may apply to an appropriate circuit court for an inspection warrant authorizing such inspection, testing, or taking samples for testing as…

The department shall document on an inspection report form: 1. Administrative information about the food establishment's legal identity, street and mailing addresses, type of establishment and operation as specified under 12VAC5-421-3700, inspection date, and other information su…

The department shall specify on the inspection report form the time frame for correction of the violations as specified under 12VAC5-421-3910, 12VAC5-421-3930, and 12VAC5-421-3950. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

At the conclusion of the inspection and according to law, the department shall provide a copy of the completed inspection report and the notice to correct violations to the permit holder or to the person in charge, and request a signed acknowledgment of receipt.Statutory Authorit…

The department shall: 1. Inform a person who declines to sign an acknowledgment of receipt of inspectional findings as specified in 12VAC5-421-3880 that: a. An acknowledgment of receipt is not an agreement with findings, b. Refusal to sign an acknowledgment of receipt will not af…

Ice for use as a food or a cooling medium shall be made from pure water.PStatutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Except as specified in 12VAC5-421-3640, the department shall treat the inspection report as a public record and shall make it available for disclosure to a person who requests it as provided in law.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, a permit holder shall immediately discontinue operations and notify the department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water ser…

If operations are discontinued as specified under 12VAC5-421-3910 or otherwise according to law, the permit holder shall obtain approval from the department before resuming operations.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 permit holder shall at the time of inspection correct a priority item or priority foundation item in this chapter and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limi…

A. After observing at the time of inspection a correction of a priority item , priority foundation item, or a HACCP plan deviation, the department shall enter the observation and information about the corrective action on the inspection report. B. As specified under 12VAC5-421-39…

A. Except as specified in subsection B of this section, the permit holder shall correct core items by a date and time agreed to or specified by the department but no later than 90 calendar days after the inspection. B. The department may approve a compliance schedule that extends…

(Repealed.)

Upon written notice to the owner, permit holder, or person in charge, the department may place a hold order on food that: 1. Originated from an unapproved source; 2. May be unsafe, adulterated, or not honestly presented; or 3. Is not otherwise in compliance with this chapter. Sta…

The hold order notice shall: 1. State food subject to the order may not be used, sold, moved from the food establishment, or destroyed without a written release of the order from the department; 2. State the specific reasons for placing the food under the hold order with referenc…

A. The department shall securely place an official tag or label on the food or containers or otherwise conspicuously identity food subject to the hold order. B. The tag or label used to identify a food subject to a hold order shall include a summary of the provisions specified in…

A. Except as specified in subsection B of this section, food placed under a hold order may not be used, sold, served, or moved from the food establishment. B. The department may allow the permit holder to store the food in an area of the food establishment if the food is protecte…

A. Any appeal of a hold order must be made in writing and received by the department within 10 calendar days of receipt of the hold order. B. The department shall issue a notice of release from a hold order and shall remove hold tags, labels, or other identification from the food…

The department may order the permit holder to bring food under a hold order into compliance with this chapter or to destroy or denature food if: 1. Following an informal fact-finding conference held pursuant to the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Co…

A. The department shall implement and enforce this chapter. B. Pursuant to the authority granted in §§ 32.1-26 and 35.1-6 of the Code of Virginia, the commissioner may issue orders to require an owner or permit holder or other person to comply with the provisions of this chapter.…

A request for an informal fact-finding conference shall be made by sending the request in writing to the district or local health department in the locality where the food establishment is located. Requests for an informal fact-finding conference shall cite the reason or reasons …

(Repealed.)