Chapter 421. Food Regulations

(Repealed.)

Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. Except as specified under subsections B, C, and E of this section, time/temperature control for safety food that is cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the food reach at least 165°F (74°C) for 15 seconds.P B. Except as specified …

Juice packaged in a food establishment shall be: 1. Treated under a HACCP plan as specified in 12VAC5-421-3630 to attain a five-log reduction, which is equal to a 99.999% reduction, of the most resistant microorganism of public health significance;P or 2. Labeled, if not treated …

Stored frozen foods shall be maintained frozen. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

Frozen time/temperature control for safety food that is slacked to moderate the temperature shall be held: 1. Under refrigeration that maintains the food temperature at 41°F (5°C) or less; or 2. At any temperature if the food remains frozen. Statutory Authority§§ 35.1-11 and 35.1…

A. Except as specified in subdivision 4 of this subsection, time/temperature control for safety food shall be thawed: 1. Under refrigeration that maintains the food temperature at 41°F (5°C) or less; 2. Completely submerged under running water: a. At a water temperature of 70°F (…

A. The permit holder shall require food employees and conditional employees to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food. A food employee or conditional employee shall report the inf…

A. Cooked time/temperature control for safety food shall be cooled: 1. Within two hours, from 135°F (57°C) to 70°F (21°C);P and 2. Within a total of six hours from 135°F (57°C) to 41°F (5°C) or less.P B. Time/temperature control for safety food shall be cooled within four hours t…

A. Cooling shall be accomplished in accordance with the time and temperature criteria specified under 12VAC5-421-800 by using one or more of the following methods based on the type of food being cooled: 1. Placing the food in shallow pans;Pf 2. Separating the food into smaller or…

A. Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under 12VAC5-421-850 and except as specified in subsections B and C of this section, time/temperature control for safety food shall be maintained: 1. At 135°F (57°C) …

A. Except when packaging food using a reduced oxygen packaging method as specified under 12VAC5-421-870, and except as specified in subsections E and F of this section, refrigerated ready-to-eat time/temperature control for safety food prepared and held in a food establishment fo…

A. A food specified under 12VAC5-421-830 A or B shall be discarded if it: 1. Exceeds either of the temperature and time combination specified in 12VAC5-421-830 A, except time that the product is frozen;P 2. Is in a container or package that does not bear a date or day;P or 3. Is …

A. Except as specified under subsection D of this section, if time without temperature control is used as the public health control for a working supply of time/temperature control for safety food before cooking or for ready-to-eat time/temperature control for safety food that is…

A food establishment shall obtain a variance from the department as specified in 12VAC5-421-3570 and 12VAC5-421-3580 before:Pf 1. Smoking food as a method of food preservation rather than as a method of flavor enhancement; Pf 2. Curing food;Pf 3. Using food additives or adding co…

A. Except for a food establishment that obtains a variance as specified under 12VAC5-421-860, a food establishment that packages time/temperature control for safety food using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum …

Article 6 Food Identity, Presentation, and On-Premises Labeling Packaged food shall comply with standard of identity requirements in 21 CFR Parts 131‑169 and 9 CFR Part 319, and the general requirements in 21 CFR Part 130 and 9 CFR Part 319, Subpart A.Statutory Authority§§ 35.1-1…

A. Food shall be offered for human consumption in a way that does not mislead or misinform the consumer. B. Food or color additives, colored overwraps, or lights shall not be used to misrepresent the true appearance, color, or quality of a food.Statutory Authority§§ 35.1-11 and 3…

The person in charge shall exclude or restrict a food employee from a food establishment in accordance with the following: 1. Except when the symptom is from a noninfectious condition, exclude a food employee if the food employee is: a. Symptomatic with vomiting or diarrhea;P or …

A. Food packaged in a food establishment, shall be labeled as specified in accordance with all applicable laws and regulations, including 21 CFR Part 101 and 9 CFR Part 317. B. Label information shall include: 1. The common name of the food, or absent a common name, an adequately…

A. If required by law, consumer warnings shall be provided. B. Food establishment or manufacturers' dating information on foods shall not be concealed or altered. Statutory Authority§§ 35.1-11 and 35.1-14 of the Code of Virginia.

A. Except as specified in 12VAC5-421-700 C and D 4 and under subdivision 3 of 12VAC5-421-950, if an animal food such as beef, eggs, fish, lamb, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in r…

A. A food that is unsafe, adulterated, or not honestly presented as specified in 12VAC5-421-260 shall be discarded or reconditioned according to an approved procedure.P B. Food that is not from an approved source as specified under 12VAC5-421-270 through 12VAC5-421-330 shall be d…

In a food establishment that serves a highly susceptible population: 1. The following criteria apply to juice: a. For the purposes of this paragraph only, children who are age nine or less and receive food in a school, day care setting, or similar facility that provides custodial…

Materials that are used in the construction of utensils and food-contact surfaces of equipment shall not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions shall be:P 1. Safe;P 2. Durable, corrosion-resistant, …

A. Except as specified in subsections B and C of this section, cast iron shall not be used for utensils or food-contact surfaces of equipment. B. Cast iron may be used as a surface for cooking. C. Cast iron may be used in utensils for serving food if the utensils are used only as…

A. Ceramic, china, crystal utensils, and decorative utensils such as hand-painted ceramic or china that are used in contact with food shall be lead-free or contain levels of lead not exceeding the limits of the following utensil categories:P Utensil Category Ceramic Article Descr…

A. Except as specified in subsections B and C of this section, copper and copper alloys such as brass shall not be used in contact with a food that has a pH below 6 such as vinegar, fruit juice, or wine or for a fitting or tubing installed between a backflow prevention device and…