Chapter 585. Retail Food Establishment Regulations

A permit applicant or permit holder shall submit to the department properly prepared plans and specifications for review and approval before: 1. The construction of a food establishment;Pf 2. The conversion of an existing structure for use as a food establishment;Pf or 3. The rem…

The plans and specifications for a food establishment, including a food establishment specified under 2VAC5-585-3620, shall include, as required by the department based on the type of operation, type of food preparation, and foods prepared, the following information to demonstrat…

A. Before engaging in an activity that requires a HACCP plan, a permit applicant or permit holder shall submit to the department for approval a properly prepared HACCP plan as specified under 2VAC5-585-3630 and the relevant provisions of this chapter if: 1. Submission of a HACCP …

For a food establishment that is required under 2VAC5-585-3620 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 holder…

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 2VAC5-585-3610 and 2VAC5-585-363…

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 …

(Repealed.)

(Repealed.)

A person seeking to operate a food establishment shall submit an application for a permit at least 30 calendar days before the date planned for opening the food establishment.Statutory Authority§ 3.2-5121 of the Code of Virginia.

A person seeking 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§ 3.2-5121 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 establishment's legal ownership; 2. Comply with the requirements of this chapter; and 3. As specified under 2VAC5-585-3820, allow the department access to the food establish…

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.P C. Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in 21 CFR …

The application for a permit shall include: 1. The name, mailing address, telephone number, and signature of the person applying for the permit; 2. The name, mailing address, and location of the food establishment; and 3. Other information required by the department.Statutory Aut…

The department shall issue a permit to an applicant that is required to submit plans as specified in 2VAC5-585-3600 after: 1. The applicant submits a properly completed application; 2. The department reviews and approves the required plans, specifications, and information; and 3.…

A. The department may issue a permit to a new owner of an existing food establishment after a properly completed application is submitted, reviewed, and approved and an inspection shows that the establishment is in compliance with this chapter. B. An existing food establishment s…

A. At the time of the initial inspection, the department shall provide to the permit holder a copy of this chapter so that the permit holder is notified of the compliance requirements and the conditions of retention, as specified under 2VAC5-585-3750, that are applicable to the f…

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 under 2VAC5-585-3542 and approved plans as specified und…

A permit shall not be transferred from: 1. One person to another person; 2. One food establishment to another food establishment; or 3. One type of food operation to another type of food operation if the food operation changes from the type of operation specified in the applicati…

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

A. Except as specified in subsections B and C of this section, the department shall inspect a food establishment at least once every six months. B. The department may increase the interval between inspections beyond six months if: 1. The food establishment is fully operating unde…

Within the parameters specified in 2VAC5-585-3800, the department shall prioritize, and conduct 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 illness…

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. B. The department shall ensure that authorized r…

After the authorized representative of the commissioner presents official credentials and provides notice of the purpose of and an intent to conduct an inspection, the person in charge shall allow the authorized representative to determine if the food establishment is in complian…

If a person denies access to the authorized representative of the commissioner, the authorized representative shall: 1. Inform the person that: a. The person is required to allow access to the authorized representative as specified under 2VAC5-585-3820; b. The department will ref…

If after the authorized representative of the commissioner presents credentials and provides notice as specified under 2VAC5-585-3820, explains the authority upon which access is requested, and makes a final request for access as specified in 2VAC5-585-3830, the person in charge …

If denied access to a food establishment for an authorized purpose and after complying with 2VAC5-585-3830, the department may apply for the issuance of an inspection order to gain access as provided in law.Statutory Authority§ 3.2-5121 of the Code of Virginia.

The authorized representative of the commissioner shall document: 1. Administrative information about the food establishment's legal identity, street and mailing addresses, type of establishment and operation, inspection date, and other information such as type of water supply an…

The authorized representative of the commissioner shall specify on the inspection report form the time frame for correction of the violations as specified under 2VAC5-585-3910, 2VAC5-585-3930, and 2VAC5-585-3950.Statutory Authority§ 3.2-5121 of the Code of Virginia.

At the conclusion of the inspection and according to law, the authorized representative of the commissioner shall provide a copy of the completed inspection report and the notice to correct violations to the person in charge, and request a signed acknowledgment of receipt.Statuto…

The authorized representative of the commissioner shall: 1. Inform a person who declines to sign an acknowledgment of receipt of inspectional findings as specified in 2VAC5-585-3880 that: a. An acknowledgment of receipt is not an agreement with findings; b. Refusal to sign an ack…

Ice for use as a food or a cooling medium shall be made from drinking water.PStatutory Authority§ 3.2-5121 of the Code of Virginia.

Except as specified in 2VAC5-585-3640, the department shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in law.Statutory Authority§ 3.2-5121 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 2VAC5-585-3910 or otherwise according to law, the permit holder shall obtain approval from the department before resuming operations.Statutory Authority§ 3.2-5121 of the Code of Virginia.

A. Except as specified in subsection B of this section, a permit holder or person in charge shall at the time of inspection correct a violation of a priority item or priority foundation item of this chapter and implement corrective actions for a HACCP plan provision that is not i…

A. After observing at the time of inspection a correction of a violation of a priority item or priority foundation item or a HACCP plan deviation, the authorized representative of the commissioner shall enter the violation and information about the corrective action on the inspec…

A. Except as specified in subsection B of this section, the permit holder or person in charge 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 s…

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Accredited program" means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conf…

A. Molluscan shellfish shall be obtained in nonreturnable packages or containers that bear a legible tag or label that identifies the:Pf 1. Source and is affixed by a dealer that depurates, packs, ships, or reships the molluscan shellfish, as specified in the National Shellfish S…

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 2VAC5-585-4040 and to control disease transmission, the department may issue an order of restriction or exclusion to the suspected food employee or the permit holder without prior warning, notice of hearing, or a hearing …

The department shall release a food employee or conditional employee from restriction or exclusion according to law and the conditions specified under 2VAC5-585-100. Statutory Authority§ 3.2-5121 of the Code of Virginia.

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

When received by a food establishment, shellstock shall be reasonably free of mud, dead shellstock, and shellstock with broken shells. Dead shellstock and shellstock with badly broken shells shall be discarded.Statutory Authority§ 3.2-5121 of the Code of Virginia.