Chapter 585. Retail Food Establishment Regulations

(Repealed.)

The physical facilities shall be maintained in good repair.Statutory Authority§ 3.2-5121 of the Code of Virginia.

A. The physical facilities shall be cleaned as often as necessary to keep them clean. B. Except for cleaning that is necessary due to a spill or other accident, cleaning shall be done during periods when the least amount of food is exposed such as after closing. Statutory Authori…

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 may not create a public health hazard or nuisance or unlawful discharge.Statutory Au…

Food preparation sinks, handwashing sinks, and warewashing equipment may 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§ 3.2-5121 of the Code of V…

After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies.Statutory Authority§ 3.2-5121 of the Code of Virginia.

Except as specified in 2VAC5-585-3190 B, sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials may not be used on floors.Statutory Authority§ 3.2-5121 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. Statutory Authority§ 3.2-5121 of the Code of Virginia.

Except during cleaning and maintenance operations, toilet room doors as specified under 2VAC5-585-2920 shall be kept closed.Statutory Authority§ 3.2-5121 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§ 3.2-5121 of the Code of…

The premises shall be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests shall be controlled to eliminate their presence on the premises by: 1. Routinely inspecting incoming shipments of food and supplies; 2. Routinely inspecti…

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§ 3.2-5121 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§ 3.2-5121 of the Code of Virginia.

A. Except as specified in subsections B, C, and D of this section, live animals may 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 unwrap…

Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label.PfStatutory Authority§ 3.2-5121 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§ 3.2-5121 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 …

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. Subsec…

A. 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 ce…

A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food, equipment, utensils, linens, or single-service or single-use articles.PStatutory Authority§ 3.2-5121 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 meet the requirements specified in 40 CFR Part 156 and shall:P 1. Be an approved food additive list…

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.PStatutory Authority§ 3.2-5121 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 for use in food as specified in 21 CFR Part 182 or 21 CFR Part 184;P b. Generally recognized as safe for the intended use…

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 subsection B of 2VAC5-585-3360 shall meet the requirements specified in 40 CFR Part 152, Subpart I.PStatutory Authority§ 3.2-5121 of the Code of Virginia.

Rodent bait shall be contained in a covered, tamper-resistant bait station.PStatutory Authority§ 3.2-5121 of the Code of Virginia.

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

A. Except for medicines that are stored or displayed for retail sale, only those medicines that are necessary for the health of employees shall be allowed in a food establishment.Pf B. Medicines that are in a food establishment for the employees' use shall be labeled as specified…

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 2VAC5-585-3320; 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 2VAC5-585-3470 and 2VAC5-585-3480, employees shall store their personal care items in facilities as specified under 2VAC5-585-3100 B.Statutory Authority§ 3.2-5121 of the Code of Virginia.

Food may 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 or prior sanctioned substances that exceed amounts specified in 21 CFR Parts 181-186; substances that exceed …

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 2VAC5-585-20, of safeguarding public health and ensuring that food is safe, unadulterated, and honestly presented when offered to the consumer or donated. B. In enforcing the provisions …

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 chapter that are authorized by law. B. The department shall document the conditions that necessitate the imposi…

The department may grant a variance by modifying or waiving the requirements of this chapter if, in the opinion of the department, a health hazard or nuisance will not result from the variance. If a variance is granted, the department shall retain the information specified under …

Before a variance from a requirement of this chapter is approved, the information that shall be provided by the person requesting the variance and retained by the food establishment and in the department's file on the food establishment includes: 1. A statement of the proposed va…

If the department grants a variance as specified in 2VAC5-585-3540, or a HACCP plan is otherwise required as specified under 2VAC5-585-3620, the permit holder shall: 1. Maintain the approved variance at the food establishment;Pf 2. Comply with the HACCP plans and procedures that …