Chapter 421. Food Regulations

(Repealed.)

All buildings or structures utilized as food establishments constructed prior to the effective date of the Virginia Uniform Statewide Building Code shall be maintained in conformance with the Virginia Fire Safety Law or other code in effect at the time of construction.Statutory A…

The regulations of the board shall supersede all local ordinances regulating restaurants other than those adopted pursuant to the provisions of § 35.1-26 of the Code of Virginia, except that any locality may adopt ordinances regarding the sale, preparation, and handling of food p…

(Repealed.)

The department shall act when it has reasonable cause to believe that a food employee or conditional employee has possibly transmitted disease; may be infected with a disease in a communicable form that is transmissible through food; may be a carrier of infectious agents that cau…

Based on the findings of an investigation related to a food employee or conditional employee who is suspected of being infected or diseased, the department may issue an order to the suspected food employee, conditional employee, or permit holder instituting one or more of the fol…

Based on the findings of the investigation as specified in 12VAC5-421-4040 and to control disease transmission, the department may issue an order of restriction or exclusion to a suspected food employee or the permit holder without prior warning, notice of a hearing, or a hearing…

The regulatory authority shall release a food employee, or conditional employee from restriction or exclusion according to law and the conditions specified under 12VAC5-421-100.Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by a dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Sh…

When received by a food establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. Except as specified in subsections B, C, and D of this section, molluscan shellfish shall not be removed from the container in which they were received other than immediately before sale or preparation for service. B. For display purposes, shellstock may be removed from the co…

A. Except as specified under subdivision C 2 of this section, shellstock tags or labels shall remain attached to the container in which the shellstock are received until the container is empty.Pf B. The date when the last shellstock from the container is sold or served shall be r…

Food that is stored, prepared, packaged, displayed, and labeled in accordance to law and this chapter may be offered for donation.Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. Food employees shall wash their hands as specified under 12VAC5-421-140. B. Except when washing fruits and vegetables as specified under 12VAC5-421-510 or as specified in subsections D and E of this section, food employees shall not contact exposed, ready-to-eat food with thei…

A food employee shall not use a utensil more than once to taste food that is to be sold or served.PStatutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia

A. Food shall be protected from cross contamination by: 1. Except as specified in subdivision 1 d of this subsection, separating raw animal foods during storage, preparation, holding, and display from: a. Raw ready-to-eat food including other raw animal food such as fish for sush…

Except for containers holding food that can be readily and unmistakably recognized such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the food establishment, such as cooking oils, flour, herbs, potato fl…

Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of foods such as Caesar salad, hollandaise or béarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are not:P 1. Cooked as specified in 12VAC5-421-700 A 1 or…

A. Except as specified in subsection B of this section, the permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of operation.Pf B. In a food establishment …

A. Food, as specified in 12VAC5-421-350, shall be protected from contamination that may result from the addition of: 1. Unsafe or unapproved food or color additives;P and 2. Unsafe or unapproved levels of approved food and color additives.P B. A food employee shall not: 1. Apply …

A. Except as specified in subsection B of this section and except for whole, raw fruits and vegetables that are intended for washing by the consumer before consumption, raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before bein…

After use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment, ice shall not be used as food.PStatutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. Packaged food shall not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water. B. Except as specified in subsections C and D of this secti…

Food shall only contact surfaces of: 1. Equipment and utensils that are cleaned as specified under 12VAC5-421-1770 through 12VAC5-421-1860 and sanitized as specified under 12VAC5-421-1885, 12VAC5-421-1890 and 12VAC5-421-1900;P 2. Single-service and single-use articles;P or 3. Lin…

A. At least one employee with supervisory and management responsibility and the authority to direct and control food preparation and service shall be a certified food protection manager, demonstrating proficiency of required knowledge and information through passing a test that i…

During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored: 1. Except as specified under subdivision 2 of this section, in the food with their handles above the top of the food and the container; 2. In food that is not time/temperatu…

Linens, such as cloth napkins, shall not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new customer. Statutory Authority§§ 35.1-11 and 35.1-14 of the…

A. Cloths in-use for wiping food spills from tableware and carry-out containers that occur as food is being served shall be: 1. Maintained dry; and 2. Used for no other purpose. B. Cloths in-use for wiping counters and other equipment surfaces shall be: 1. Held between uses in a …

A. If used, single-use gloves shall be used for only one task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation.P B. Except as specified in subsection C of …

A. Except for refilling a consumer's drinking cup or container without contact between the pouring utensil and the lip contact area of the drinking cup or container, food employees shall not use tableware, including single-service articles, soiled by the consumer to provide secon…

Based on the risks of foodborne illness inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the department knowledge of foodborne disease prevention, and the requirements of this chapter. The person in charge shall demonst…

A. Except as specified in subsections B through E of this section, empty containers returned to a food establishment for cleaning and refilling with food shall be cleaned and refilled in a regulated food processing plant.P B. A take-home food container returned to a food establis…

A. Except as specified in subsections B and C of this section, food shall be protected from contamination by storing the food: 1. In a clean, dry location; 2. Where it is not exposed to splash, dust, or other contamination; and 3. At least 6 inches (15 cm) above the floor. B. Foo…

Food shall not be stored: 1. In locker rooms; 2. In toilet rooms or their vestibules; 3. In dressing rooms; 4. In garbage rooms; 5. In mechanical rooms; 6. Under sewer lines that are not shielded to intercept potential drips; 7. Under leaking water lines, including leaking automa…

Time/temperature control for safety food dispensed through a vending machine shall be in the package in which it was placed at the food establishment or food processing plant at which it was prepared. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

During preparation, unpackaged food shall be protected from environmental sources of contamination. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. A person in charge who demonstrates knowledge by being a food protection manager who is certified by a food protection manager certification program that is evaluated by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference for Food Pro…

Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging; counter, service line, or salad bar food guards;…

A. Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or individual packages or portions. B. Condiments at a …

A. Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish shall not be offered for consumer self-service.P This subsection does not apply to: 1. Consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish;…

A. Except as specified under subsection B of this section, after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption.P B. Except as specified in subdivision 8 of 12VAC5-421-95…

Food shall be protected from contamination that may result from a factor or source not specified under 12VAC5-421-450 through 12VAC5-421-680. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

The person in charge shall ensure that: 1. Food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under 12VAC5-421-2990;Pf 2. Persons unnecessary to the food establishment operation are not allowed in the fo…

A. Except as specified in subsections B, C, and D of this section, raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods shall be cooked to heat all parts of the food to a temperature and for a time that complies with one of the following…

Raw animal foods cooked in a microwave oven shall be: 1. Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat; 2. Covered to retain surface moisture; 3. Heated to a temperature of at least 165°F (74°C) in all parts of the food;P and…

Plant foods that are cooked for hot holding shall be cooked to a temperature of 135°F (57°C).PfStatutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Raw animal foods that are cooked using a noncontinuous cooking process shall be: 1. Subject to an initial heating process that is no longer than 60 minutes in duration;P 2. Immediately after initial heating, cooled according to the time and temperature requirements specified for …