Chapter 585. Retail Food Establishment Regulations

A. Food employees shall wash their hands as specified under 2VAC5-585-140. B. Except when washing fruits and vegetables as specified under 2VAC5-585-510 or as specified in subsections D and E of this section, food employees may not contact exposed, ready-to-eat food with their ba…

A food employee may not use a utensil more than once to taste food that is to be sold or served.PStatutory Authority§ 3.2-5121 of the Code of Virginia.

A. Food shall be protected from cross contamination by: 1. Except as specified in subsection C of this section, 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 sushi or m…

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 f…

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 under subdivision A 1 or…

A. Except as specified in subsection B or C 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 establish…

A. Food shall be protected from contamination that may result from the addition of, as specified in 2VAC5-585-350: 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 may not: 1. Apply sulf…

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 may not be used as food.PStatutory Authority§ 3.2-5121 of the Code of Virginia.

A. Packaged food may 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 section…

Food shall only contact surfaces of: 1. Equipment and utensils that are cleaned as specified under 2VAC5-585-1770 through 2VAC5-585-1860 and sanitized as specified under 2VAC5-585-1885, 2VAC5-585-1890, and 2VAC5-585-1900; P 2. Single-service and single-use articles;P or 3. Linens…

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, may not be used in contact with food unless they are used to line a container for the service of foods and the linens are replaced each time the container is refilled for a new consumer.Statutory Authority§ 3.2-5121 of the Code of Virginia.

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 may not use tableware, including single-service articles, soiled by the consumer to provide second …

Based on the risks inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the department knowledge of foodborne disease prevention, application of the Hazard Analysis Critical Control Point principles, and the requirements of…

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 six inches (15 cm) above the floor. B. F…

Food may not be stored: 1. In locker rooms; 2. In toilet rooms;Pf 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 automatic fire sprinkler h…

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§ 3.2-5121 of the Code of Virginia.

During preparation, unpackaged food shall be protected from environmental sources of contamination.Statutory Authority§ 3.2-5121 of the Code of Virginia.

A. At least one employee who has supervisory and management responsibility and the authority to direct and control food preparation and service shall be a certified food protection manager who has shown proficiency of required information through passing a test that is part of an…

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. 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 and listed by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference f…

A. Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish may 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; 2…

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 may not be offered as food for human consumption.P B. Except as specified in subdivision 7 of 2VAC5-585-950, …

Food shall be protected from contamination that may result from a factor or source not specified under 2VAC5-585-450 through 2VAC5-585-680.Statutory Authority§ 3.2-5121 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 2VAC5-585-2990;Pf 2. Persons unnecessary to the food establishment operation are not allowed in the foo…

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§ 3.2-5121 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 parameters specified for co…

A. Commercially packaged food that bears a manufacturer's cooking instructions shall be cooked according to those instructions before it is used in ready-to-eat foods or offered in unpackaged form for human consumption, unless the manufacturer's instructions specify that the food…

A. Except as specified in subsection B of this section, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish shall be: 1. Frozen and stored at a temperature of -4°F (-20°C) or below for a minimum of 168 hours (seven…

A. Except as specified in 2VAC5-585-730 B and subsection B of this section, if raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish a…

(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§ 3.2-5121 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 u…

Juice packaged in a food establishment shall be: 1. Treated under a HACCP plan as specified in 2VAC5-585-3630 to attain a 5-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 to y…

Stored frozen foods shall be maintained frozen.Statutory Authority§ 3.2-5121 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§ 3.2-5121 of the Co…

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;Pf 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 …

A. Cooling shall be accomplished in accordance with the time and temperature criteria specified under 2VAC5-585-800 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 …