Title 2 VAC — Agriculture

Agency 5 Department of Agriculture And Consumer Services

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

2VAC5-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Agriculture and Consumer Services or the Department of Agriculture and Consumer Services. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-109 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

2VAC5-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Agriculture and Consumer Services or the Department of Agriculture and Consumer Services, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-109 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

Part II Notification of Interested Persons

2VAC5-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-109 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

2VAC5-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 2VAC5-11-30, the agency shall send the following information:

1. A notice of intended regulatory action (NOIRA).

2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.

3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-109 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

Part III Public Participation Procedures

2VAC5-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

2. For a minimum of 60 calendar days following the publication of a proposed regulation.

3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-109 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

2VAC5-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

1. The petitioner's name and contact information;

2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-109 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

2VAC5-11-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-109 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

2VAC5-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

1. There is no longer controversy associated with the development of the regulation;

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or

3. The agency determines that resolution of a controversy is unlikely.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-109 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

2VAC5-11-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-109 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

2VAC5-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

1. The agency's basic law requires the agency to hold a public hearing;

2. The Governor directs the agency to hold a public hearing; or

3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-109 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

2VAC5-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and

2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-109 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 12, 2008.

Chapter 150 Rules and Regulations Governing the Transportation of Companion Animals

Part I General Provisions

2VAC5-150-10 Definitions

The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Animal holding area" means any part of the terminal facility where animals are kept, maintained, or housed.

"Carrier" means the operator of any airline, railroad, motor carrier, shipping line, or other enterprise which, for hire, engages in the business of transporting animals.

"Commerce" means trade, traffic or transportation.

"Companion animal" means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter.

"Dealer" means any person who in the regular course of business for compensation or profit buys, sells, transfers, exchanges or barters companion animals. The following shall not be considered dealers: (i) any person who transports companion animals in the regular course of business as a common carrier or (ii) any person or organization whose primary purpose is to find permanent adoptive homes for companion animals.

"Exhibitor" means any person who has animals for or on public display, excluding an exhibitor licensed by the United States Department of Agriculture. Such term includes carnivals, circuses, animal acts, and zoos exhibiting such animals, whether operated for profit or not; but such term excludes retail pet stores, organizations sponsoring and all persons participating in state and county fairs, livestock shows, rodeos, purebred dog and cat shows, and any other fairs or exhibits intended to advance agricultural arts and sciences.

"Exotic animal" means any animal that is not a species native to the United States.

"Handling" means petting, feeding, manipulating, crating, shifting, transferring, immobilizing, restraining, treating, training, working or performing any similar activity with respect to any animal.

"Humane society" means any chartered not-for-profit organization incorporated under the laws of this Commonwealth and organized for the purpose of preventing cruelty to animals and promoting humane care and treatment of animals.

"Intermediate handler" means any person, including a department, agency, or instrumentality of the United States or of any state or local government who is engaged in any business in which he receives custody of animals in connection with their transportation in commerce.

"Pound" means a facility operated by the Commonwealth, or any political subdivision for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted animals; or a facility operated for the same purpose under a contract with any county, city, town or incorporated society for the prevention of cruelty to animals.

"Primary conveyance" means the main method of transportation used to convey an animal from origin to destination, such as a motor vehicle, plane, ship or train.

"Primary enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether.

"Terminal facility" means any building or structure, and its grounds, which serves as a point of ingress to or egress from a primary conveyance during transportation.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 1.1, eff. May 13, 1987; amended, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-150-20 Application of this chapter

Transportation of companion animals by carriers, dealers, exhibitors, pet shops, auction sales, pounds, cities, counties, animal control officers, and humane societies shall be governed by provisions set forth in 2VAC5-150-30 et seq., 2VAC5-150-120 et seq., and 2VAC5-150-180 et seq. Nothing in this chapter shall be deemed to apply to or govern the transport of pet animals by private citizens through noncommercial means.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 1.2, eff. May 13, 1987.

Article 1 General Standards

2VAC5-150-30 Primary enclosures used to transport companion animals

Companion animals subject to this chapter shall be transported in a primary enclosure that shall be constructed in such a manner that:

1. The structural strength of the enclosure is sufficient to contain the animals and to withstand the normal rigors of transporting;

2. The interior of the enclosure is free from any protrusions that could be injurious to the animal contained therein;

3. The openings of such enclosures are easily accessible at all times for emergency removal of the animal;

4. Apertures are sufficient to provide for proper ventilation and normal breathing;

5. Projecting rims or other devices are on those faces of the outside walls that contain ventilation openings to prevent obstruction of those openings and to provide a minimum air circulation space of 0.75 inches between the primary enclosure and any adjacent cargo or conveyance wall, except that when a primary enclosure is permanently affixed within the animal cargo space of the primary conveyance and the front opening is the only source of ventilation this opening shall:

a. Be constructed so as to open directly to the outside or to an unobstructed aisle or passageway within the primary conveyance:

b. Be at least 90% of the total surface area of the front wall of the primary enclosure; and

c. Be covered with bars, wire mesh, or smooth expanded metal;

6. Portable primary enclosures shall be equipped with adequate handholds on the exterior of the primary enclosure, placed in such a manner that the portable primary enclosure can be lifted and handled without tilting and so that the person handling the portable primary enclosure will not be in contact with the animal;

7. Be large enough to ensure that each animal contained therein has sufficient space to turn about freely in a standing position using normal body movements, to stand and sit erect, and to lie in a natural position; however, certain species may be restricted in their movements according to professionally acceptable standards when such freedom of movement would constitute a danger to the animals, their handlers, or other persons;

8. Have solid bottoms to prevent leakage in shipment;

9. Contain clean litter of a suitable absorbent material that is safe and nontoxic to the animals, and in sufficient quantity to absorb or cover excreta;

10. Be clearly marked on top and on one or more sides with the words "Live Animal" or "Wild Animal," whichever is appropriate, in letters not less than 2.5 centimeters (1 inch) in height, and with arrows or other markings to indicate the correct upright position of the containers, except that this shall not apply to primary conveyances which are used as primary enclosures, or to primary enclosures which are permanently affixed within the primary conveyance;

11. Be cleaned and sanitized after each use; and

12. Contain only companion animals:

a. Of the same species, with the exception that some closely related species may travel together, according to professionally accepted standards;

b. In compatible groups;

c. In groups that separate the young from adults other than their dams, except for hamsters, guinea pigs and rabbits; and

d. Separated to prevent females in estrus from contact with adult males, except for hamsters, guinea pigs, and rabbits.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 2.1, eff. May 13, 1987.

2VAC5-150-40 Primary conveyances

Primary conveyances used in transporting companion animals shall meet the following provisions:

1. The cargo space of primary conveyances used in transporting companion animals shall be constructed to protect their health and ensure their safety and comfort;

2. The cargo space shall be constructed and maintained in a manner to prevent the ingress of engine exhaust fumes and gases from the primary conveyance during transport;

3. The cargo space shall have a supply of air sufficient for normal breathing for each animal contained therein, and the primary enclosure shall be positioned in such a manner that each animal has access to sufficient air for normal breathing;

4. Temperatures in primary conveyances shall not exceed 75°F for more than 45 minutes without supplemental ventilation through natural or automatic ventilation or air conditioning nor fall below 45°F without auxiliary heat, unless the animals are accompanied by a certificate of acclimation to lower temperatures signed by an accredited veterinarian not more than 10 days prior to shipment, or unless the well-being of the confined animal mandates temperature maintenance above this range;

5. Primary enclosures containing companion animals shall be positioned in the primary conveyance in such a manner that in an emergency the animals can be removed;

6. The interior of the animal cargo space shall be kept clean;

7. Companion animals shall not be transported with any material, substance, or device in such a way that can injure their health or well-being; and

8. Vehicles used by dealers, auction sales, exhibitors, and pet shops to carry companion animals shall be enclosed, including but not limited to, vans, station wagons, and pick-up trucks equipped with camper shells, so that:

a. All sides and top are covered;

b. Adequate ventilation is assured by the use of screens or ventilation systems;

c. The vehicle is insulated to provide protection from weather extremes or has an automatic heating/cooling system.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 2.2, eff. May 13, 1987.

2VAC5-150-50 Terminal facilities

An animal holding area of a terminal facility of any carrier or intermediate handler shall:

1. Not commingle shipments of companion animals with inanimate cargo;

2. Be cleaned and sanitized often enough to prevent an accumulation of debris or excreta to minimize vermin infestation and to prevent a disease hazard;

3. Have in use an effective program for the control of insects, ectoparasites, and avian pests;

4. Be provided with fresh air by means of windows, doors, vents, or air conditioning and shall be ventilated or have air circulated by means of fans, blowers, or an air conditioning system so as to minimize drafts, odors, and moisture condensation;

5. Maintain temperature between 45°F and 85°F at all times, provided that no dog, cat, monkey, or exotic animal be subjected to air temperatures in excess of 75°F for more than four hours at any time, unless the animals are accompanied by a certificate of acclimation to lower temperatures signed by an accredited veterinarian or unless the well-being of the confined animal mandates temperature maintenance above this range; and

6. Use auxiliary ventilation such as exhaust fans, vents, fans, blowers or air conditioning when the air temperature is above 75°F.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 2.3, eff. May 13, 1987.

2VAC5-150-60 Food and water requirements

Adequate food and water shall be provided for in that:

1. Any individual, dealer, exhibitor, pet shop or operator of an auction sale offering any live rabbits, guinea pigs or hamsters to any carrier or intermediate handler for transportation, in commerce, or any dealer, exhibitor, pet shop or operator of an auction sale transporting such animals in their own primary conveyance, if such transport shall be longer than six hours, shall provide an adequate supply of food and water or a type of food which provides the requirement of food and water within the primary enclosure to meet the requirements of such animals;

2. Any individual, dealer, exhibitor, pet shop or operator of an auction sale offering any companion animal other than those named in paragraph 1 above to any carrier or intermediate handler for transportation shall affix to the outside of the primary enclosure instructions which:

a. State the food and water requirements of such animals;

b. Are written with a permanent marker; and

c. Are affixed in such a manner as to avoid accidental tearing or removal;

3. No carrier or intermediate handler may accept any companion animal for transportation unless the above provision appropriate for the species of animals being transported has been met.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 2.4, eff. May 13, 1987.

2VAC5-150-70 Care in transit

During transit it shall be the responsibility of the driver, carrier, or other employee to:

1. Visually observe the companion animals as frequently as circumstances may dictate but not less than once every four hours during surface and air transit, except that where the animal cargo space is not accessible during flight, the animals shall be observed during loading and unloading and whenever the cargo space is otherwise accessible;

2. Assure that the animals are receiving sufficient air for normal breathing;

3. Assure that the ambient temperature around the animal is between prescribed limits;

4. Assure that additional ventilation is provided if temperatures are above 75°F unless the well-being of the animal mandates temperature maintenance above this range;

5. Determine whether any of the companion animals are in obvious physical distress;

6. Provide any needed veterinary care as soon as possible; and

7. Assure that companion animals not be removed from their primary enclosures unless placed in other primary enclosures or facilities conforming to these recommended standards, except that exotic animals shall not be removed from their primary enclosure except in case of extreme emergency and only if such removal will not result in danger to human life.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 2.5, eff. May 13, 1987.

2VAC5-150-80 Handling

Carriers and intermediate handlers, in moving companion animals to or from the primary conveyance and animal holding area of the terminal facility, shall:

1. Move the animals as expeditiously as possible;

2. Provide sufficient shade to protect animals from the direct rays of the sun and ensure that such animals shall not be subject to surrounding air temperatures which exceed 85°F for a period of more than 45 minutes, unless the well-being of the confined animal mandates temperature maintenance above this range;

3. Provide covered transporting devices to protect the animals when the outdoor air temperature falls below 50°F, and ensure that such animals shall not be subjected to surrounding air temperatures which fall below 45°F for a period of more than 45 minutes unless the animals are accompanied by a certificate of acclimation to lower temperatures signed by an accredited veterinarian not more than 10 days prior to shipment;

4. Provide shelter from precipitation sufficient to allow animals to remain dry;

5. Avoid handling of the primary enclosure in such a manner that may cause physical or emotional trauma to the animal contained therein; and

6. Not toss, drop or needlessly tilt primary enclosures nor stack them in a manner which may result in their falling.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 2.6, eff. May 13, 1987.

Article 2 Special Standards for Dogs and Cats in Addition to General Standards

2VAC5-150-90 Primary enclosures for dogs and cats

1. Dogs and cats shall be transported in a manner that during air transit the following animal or group of animals shall have its own primary enclosure:

a. A dog over six months of age;

b. A cat over six months of age;

c. A puppy weighing over 20 pounds;

d. Two kittens eight weeks to six months of age and weighing less than 20 pounds each;

e. Two puppies eight weeks to six months of age and weighing less than 20 pounds each;

f. Litter mates less than eight weeks of age accompanied by their dam.

2. During surface transit, a maximum of 12 dogs or cats shall share a primary enclosure, provided that subdivisions 7 and 12 of 2VAC5-150-30 are met; and

3. Any aggressive dog or cat, irrespective of age and size, shall have its own primary enclosure.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 2.7, eff. May 13, 1987.

2VAC5-150-100 Food and water requirements for dogs and cats

A. Potable water shall be offered:

1. Within four hours prior to transport by any carrier;

2. At least every 12 hours after initiation of travel by dealers, exhibitors, pet shops and operators of auction sales in their own primary conveyance;

3. At least every 12 hours after acceptance for transportation by any carrier or intermediate handler, except in those cases where the animal cargo space is inaccessible during flight.

B. Food shall be offered by intermediate handlers and carriers after acceptance of any dog or cat for transportation, and by dealers, exhibitors, pet shops and operators of auction sales who transport dogs and cats in their own primary conveyance after transportation is initiated such that:

1. Each dog and cat over 16 weeks of age shall be fed at least once in each 24-hour period; and

2. Dogs and cats less than 16 weeks of age shall have food made available to them at least every 12 hours.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 2.8, eff. May 13, 1987.

2VAC5-150-110 Identification of dogs and cats

Each dog and cat being transported by any dealer, exhibitor, auction sale or pet shop shall be tattooed, collared, tagged or otherwise appropriately identified in the event of the animal's escape during transit.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 2.9, eff. May 13, 1987.

Article 1 General Standards

2VAC5-150-120 Primary enclosures used to transport companion animals

Companion animals subject to this chapter shall be transported in a primary enclosure that shall be constructed in such a manner that:

1. The structural strength of the enclosure is sufficient to contain the animals and to withstand the normal rigors of transporting;

2. The interior of the enclosure is free from any protrusions that could be injurious to the animal contained therein;

3. The openings of such enclosures are easily accessible at all times for emergency removal of the animal;

4. Apertures are sufficient to provide for proper ventilation and normal breathing;

5. Projecting rims or other devices are on those faces of the outside walls that contain ventilation openings to prevent obstruction of those openings and to provide a minimum air circulation space of 0.75 inches between the primary enclosure and any adjacent cargo or conveyance wall, except that when a primary enclosure is permanently affixed within the animal cargo space of the primary conveyance and the front opening is the only source of ventilation this opening shall:

a. Be constructed so as to open directly to the outside or to an unobstructed aisle or passageway within the primary conveyance;

b. Be at least 90% of the total surface area of the front wall of the primary enclosure; and

c. Be covered with bars, wire mesh, or smooth expanded metal;

6. Portable primary enclosures shall be equipped with adequate handholds on the exterior of the primary enclosure, placed in such a manner that the portable primary enclosure can be lifted and handled without tilting and so that the person handling the portable primary enclosure will not be in contact with the animal;

7. Be large enough to ensure that each animal contained therein has sufficient space to turn about freely in a standing position using normal body movements, to stand and sit erect, and to lie in a natural position;

8. Have solid bottoms to prevent leakage in shipment, with the exception of live traps;

9. Be cleaned to remove all organic debris after each use; and

10. Contain only companion animals:

a. Of the same species;

b. In compatible groups;

c. In groups that separate the young from adults other than their dams, except for hamsters, guinea pigs and rabbits; and

d. Separated to prevent females in estrus from contact with adult males, except for hamsters, guinea pigs, and rabbits.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 3.1, eff. May 13, 1987.

2VAC5-150-130 Primary conveyances

Primary conveyances used in transporting companion animals shall meet the following provisions:

1. The cargo space of primary conveyances used in transporting companion animals shall be constructed to protect their health and ensure their safety and comfort;

2. The cargo space shall be constructed and maintained in a manner to prevent the ingress of engine exhaust fumes and gases from the primary conveyance during transport;

3. The cargo space shall have a supply of air sufficient for normal breathing for each animal contained therein, and the primary enclosure shall be positioned in such a manner that each animal has access to sufficient air for normal breathing;

4. Temperatures in vehicles operated by cities, counties, animal control officers, or humane societies and carrying only dogs and cats over six months of age shall not exceed 85°F without supplemental ventilation nor fall below 45°F without auxiliary heat for more than two hours; those same vehicles carrying kittens and puppies shall not exceed 85°F without supplemental ventilation nor fall below 45°F without auxiliary heat for more than one hour, provided that suitable bedding is provided for these young animals in that primary enclosure, except that in cases of unforeseen problems (such as vehicle failure or a call to pick up an injured animal), the transport time may be extended, only to reasonably necessary lengths;

5. Primary enclosures containing companion animals shall be positioned in the primary conveyance in such a manner that in an emergency the animals can be removed;

6. The interior of the animal cargo space shall be kept clean;

7. Companion animals shall not be transported with any material, substance, or device in such a way that can injure their health or well-being;

8. Vehicles used by pounds, cities, counties, humane societies and animal control officers to carry companion animals shall be enclosed, including but not limited to, vans, station wagons, and pick-up trucks equipped with camper shells; so that:

a. All sides and top are covered;

b. Adequate ventilation is assured by the use of screens or ventilation systems;

c. The vehicle is insulated to provide protection from weather extremes or has an automatic heating/cooling system;

9. Vehicles used by cities, counties, animal control officers, and humane societies to transport animals in the course of animal control duties shall be identified on the outside as to jurisdiction;

10. Vehicles used by cities and counties, animal control officers and humane societies to transport animals in the course of animal control duties shall be equipped with safety equipment which shall include:

a. A working flashlight;

b. A pair of safety gloves;

c. Proper restraint equipment for the species transported;

d. A first aid kit;

e. At least one gallon of potable water; and

f. A blanket.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 3.2, eff. May 13, 1987.

2VAC5-150-140 Care in transit

During transit it shall be the responsibility of the driver or other employee to:

1. Visually observe the companion animals as frequently as circumstances may dictate but not less than once every two hours;

2. Assure that the animals are receiving sufficient air for normal breathing;

3. Assure that the ambient temperature around the animal is between prescribed limits;

4. Assure that additional ventilation is provided if temperatures are above 85°F;

5. Determine whether any of the companion animals are in obvious physical distress;

6. Provide any needed veterinary care as soon as possible; and

7. Assure that companion animals not be removed from their primary enclosures unless placed in other primary enclosures or facilities conforming to these recommended standards, except that exotic animals shall not be removed from their primary enclosure except in case of extreme emergency.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 3.3, eff. May 13, 1987.

Article 2 Special Standards for Dogs and Cats in Addition to General Standards

2VAC5-150-150 Primary enclosures for dogs and cats

1. During surface transit, a maximum of 12 dogs or cats shall share a primary enclosure, provided that subdivisions 7 and 12 of 2VAC5-150-120 are met.

2. Any aggressive dog or cat, irrespective of age and size, shall have its own primary enclosure.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 3.4, eff. May 13, 1987.

2VAC5-150-160 Water requirements of dogs and cats

Potable water shall be offered at least every four hours after initiation of travel, except that vehicles which are environmentally controlled to maintain temperatures between 45°F and 85°F at all times shall offer water at least every 12 hours.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 3.5, eff. May 13, 1987.

2VAC5-150-170 Identification of dogs and cats

Each dog and cat being transported by a pound, humane society, city, county, or animal control officer from a facility shall be tattooed, collared, tagged or otherwise appropriately identified in the event of the animal's escape during transit.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 3.6, eff. May 13, 1987.

2VAC5-150-180 Primary enclosures used to transport birds

Birds subject to this chapter shall be transported in a primary enclosure that shall be constructed in such a manner that:

1. The structural strength of the enclosure is sufficient to contain the birds and to withstand the normal rigors of transporting:

2. The interior of the enclosure is free from any protrusions that could be injurious to the birds contained therein;

3. The openings of such enclosures are easily accessible at all times for emergency removal of the birds;

4. Apertures are sufficient to provide for proper ventilation and normal breathing;

5. Projecting rims or other devices are on those faces of the outside walls that contain ventilation openings to prevent obstruction of those openings and to provide a minimum air circulation space of 0.75 inches between the primary enclosure and any adjacent cargo or conveyance wall; except that when a primary enclosure is permanently affixed within the animal cargo space of the primary conveyance and the front opening is the only source of ventilation this opening shall:

a. Be constructed so as to open directly to the outside or to an unobstructed aisle or passageway within the primary conveyance;

b. Be at least 90% of the total surface area of the front wall of the primary enclosure; and

c. Be covered with bars, wire mesh, or smooth expanded metal;

6. Portable primary enclosures shall be equipped with adequate handholds on the exterior of the primary enclosure, placed in such a manner that the portable primary enclosure can be lifted and handled without tilting and so that the person handling the portable primary enclosure will not be in contact with the birds;

7. Be large enough to ensure that each bird contained therein has sufficient space to turn about freely in a standing position using normal body movements and to perch comfortably; however, certain species may be restricted in their movements according to professionally acceptable standards when such freedom of movement would constitute a danger to the animals, their handlers, or other persons;

8. Have solid bottoms to prevent leakage in shipments;

9. Allow excreta to be absorbed, covered or separated from the birds by use of a wire mesh flooring above the solid floor or of a clean litter that is safe and nontoxic to the birds, except where these methods pose a threat to the safety of the birds;

10. Be clearly marked on top and on one or more sides with the words "Live Animal" or "Wild Animal," whichever is appropriate, in letters not less than 2.5 centimeters (1 inch) in height, and with arrows or other markings to indicate the correct upright position of the container, except that this shall not apply to primary conveyances which are used as primary enclosures, or to primary enclosures which are permanently affixed within the primary conveyance;

11. Be cleaned and sanitized after each use; and

12. Contain only birds:

a. Of the same species, with the exception that some species of birds may travel together, according to professionally accepted standards; and

b. In compatible groups.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 4.1, eff. May 13, 1987.

2VAC5-150-190 Primary conveyances

Primary conveyances used in transporting birds shall meet the following provisions:

1. The cargo space of primary conveyances used in transporting birds shall be constructed to protect their health and ensure their safety and comfort;

2. The cargo space shall be constructed and maintained in a manner to prevent the ingress of engine exhaust fumes and gases from the primary conveyance during transport;

3. The cargo space shall have a supply of air sufficient for normal breathing for each bird contained therein, and the primary enclosure shall be positioned in such a manner that each bird has access to sufficient air for normal breathing;

4. Temperatures in primary conveyances shall not exceed 75°F for more than 45 minutes without supplemental ventilation through natural or automatic ventilation or air conditioning nor fall below 45°F without auxiliary heat, unless the birds are accompanied by a certificate of acclimation to lower temperatures signed by an accredited veterinarian, or unless the well-being of the confined bird mandates temperature maintenance above this range;

5. Primary enclosures containing birds shall be positioned in the primary conveyance in such a manner that in an emergency the birds can be removed;

6. The interior of the animal cargo space shall be kept clean;

7. Birds shall not be transported with any material, substance, or device in such a way that can injure their health or well-being; and

8. Vehicles used to carry birds shall be enclosed; including but not limited to, vans, station wagons, and pick-up trucks equipped with camper shells; so that:

a. All sides and top are covered;

b. Adequate ventilation is assured by the use of screens or ventilation systems;

c. The vehicle is insulated to provide protection from weather extremes or has an automatic heating/cooling system.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 4.2, eff. May 13, 1987.

2VAC5-150-200 Terminal facilities

An animal holding area of a terminal facility of any carrier or intermediate handler shall:

1. Not commingle shipments of birds with inanimate cargo;

2. Be cleaned and sanitized often enough to prevent an accumulation of debris or excreta to minimize vermin infestation and to prevent a disease hazard;

3. Have in use an effective program for the control of insects, ectoparasites, and avian pests;

4. Be provided with fresh air by means of windows, doors, vents, or air conditioning and shall be ventilated or have air circulated by means of fans, blowers, or an air conditioning system so as to minimize drafts, odors, and moisture condensation;

5. Maintain temperature between 45°F and 85°F at all times, unless the birds are accompanied by a certificate of acclimation to lower temperatures signed by an accredited veterinarian not more than 10 days prior to shipment or unless the well-being of the confined bird mandates temperature maintenance above this range.

6. Use auxiliary ventilation such as exhaust fans, vents, fans, blower or air conditioning when the air temperature is above 75°F.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 4.3, eff. May 13, 1987.

2VAC5-150-210 Food and water requirements

Adequate food and water shall be provided for in that:

1. Any individual, dealer, exhibitor, pet shop or operator of an auction sale offering any live birds to any carrier or intermediate handler for transportation, in commerce, or any dealer, exhibitor, pet shop or operator of an auction sale transporting such animals in their own primary conveyance, if such transport shall be longer than two hours, shall provide an adequate supply of food and water or an alternate source of moisture within the primary enclosure to meet the requirements of such birds except that this may be inappropriate for some birds according to professionally accepted standards.

2. No carrier or intermediate handler may accept any bird for transportation unless the above provision appropriate for the species of bird being transported has been met.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 4.4, eff. May 13, 1987.

2VAC5-150-220 Care in transit

During transit it shall be the responsibility of the driver, carrier, or other employee to:

1. Visually observe the birds as frequently as circumstances may dictate but not less than once every four hours during surface and air transit, except that where the animal cargo space is not accessible during flight, the animals shall be observed during loading and unloading and whenever the cargo space is otherwise accessible;

2. Assure that the birds are receiving sufficient air for normal breathing;

3. Assure that the ambient temperature around the birds is between prescribed limits;

4. Assure that additional ventilation is provided if temperatures are above 75°F, unless the well-being of the birds mandates temperature maintenance above this range;

5. Determine whether any of the birds are in obvious physical distress;

6. Provide any needed veterinary care as soon as possible; and

7. Assure that birds not be removed from their primary enclosures unless placed in other primary enclosures or facilities conforming to these recommended standards.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 4.5, eff. May 13, 1987.

2VAC5-150-230 Handling

Carriers and intermediate handlers, in moving birds to or from the primary conveyance and animal holding area of the terminal facility, shall:

1. Move the birds as expeditiously as possible;

2. Provide sufficient shade to protect birds from the direct rays of the sun and ensure that such birds shall not be subjected to surrounding air temperatures which exceed 85°F for a period of more than 45 minutes, unless the well-being of the confined bird mandates temperature maintenance above this range;

3. Provide covered transporting devices to protect the birds when the outdoor air temperature falls below 50°F, and ensure that such birds shall not be subjected to surrounding air temperatures which fall below 45°F for a period of more than 45 minutes unless the animals are accompanied by a certificate of acclimation to lower temperatures signed by an accredited veterinarian not more than 10 days prior to shipment;

4. Provide shelter from precipitation sufficient to allow birds to remain dry;

5. Avoid handling of the primary enclosure in such a manner that may cause physical or emotional trauma to the birds contained therein; and

6. Not toss, drop or needlessly tilt primary enclosures nor stack them in a manner which may result in their falling.

History

• Statutory Authority: § 3.2-6501 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-13 § 4.6, eff. May 13, 1987.

Chapter 195 Prevention and Control of Avian Influenza in the Live-Bird Marketing System

Part I Preamble; Purpose; Definitions

2VAC5-195-10 Preamble

The Board of Agriculture and Consumer Services will receive, consider, and respond to petitions by any interested person at any time regarding the content of this regulation.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

2VAC5-195-20 Purpose

This regulation establishes the requirements for prevention and control of LPAI in any component of a live-bird marketing system operating in the Commonwealth of Virginia.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

2VAC5-195-30 Definitions

The following words and terms, when used in this regulation, shall have the following meanings unless the context clearly indicates otherwise:

"Accredited veterinarian" means a veterinarian approved by the USDA, in accordance with the provisions of 9 CFR 160.1 (2002).

"AI" means "avian influenza," a disease of viral etiology, specifically an influenza A virus, that ranges from a mild or even asymptomatic infection to an acute, fatal disease of chickens, turkeys, guinea fowls, and other avian species, especially migratory waterfowl.

"APHIS" means the "Animal and Plant Health Inspection Service," an agency of the USDA.

"Approved laboratory" means a state, federal, university or private laboratory that has been approved by USDA, APHIS, VS to perform any or all official program tests for AI diagnosis.

"Auction market" means a business where producers, dealers, wholesalers and retailers meet to purchase, trade or sell live birds.

"Biosecurity" means the measures taken to prevent disease agents from being introduced and spreading to animal populations or their proximity.

"Bird" means "poultry" for the purposes of this regulation.

"C&D" means "cleaning and disinfection."

"Distribution unit" means a person or business such as a wholesaler, dealer, hauler, and auction market engaged in the transportation or sale of poultry within the live-bird marketing system.

"Hauler" means a business or individual that transports poultry from producer premises to another supplier premises, to another distributor, or to a LBM.

"HPAI" means "high pathogenicity avian influenza," which is any influenza virus that meets the World Organization for Animal Health (OIE) definition and the definition included in 9 CFR 53.1.

"LBM" means "live-bird market," which is any facility that receives live poultry to be resold or slaughtered and sold on-site, not including any producer or grower that prior to the sale of his own birds slaughters or processes them on-site or at an approved slaughter facility or any producer or grower that sells live birds grown exclusively on his premises and is not a "production unit" or "distribution unit" as defined herein.

"Licensing" means the requirement for issuance of a license to conduct business in the live-bird marketing system in Virginia. This consists of the licensing of facilities by the state and providing oversight as required in this regulation.

"Live-bird marketing system" means LBMs and the production and distribution units that supply LBMs with birds.

"LPAI" means "low pathogenicity avian influenza," which is any AI virus that does not meet the criteria for HPAI.

"LPAI Program" means low pathogenicity avian influenza H5 and H7 program, the state-federal-industry cooperative program for the prevention and control of H5 and H7 LPAI. Participating states shall have regulations to enforce program standards and requirements.

"NVSL" means the USDA, APHIS, "National Veterinary Services Laboratories" in Ames, IA. It is the national diagnostic reference laboratory.

"Poultry" means any species of domestic fowl (including chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, and game birds) raised for food production or other purposes.

"Poultry waste" means dead birds, feathers, offal, and poultry litter.

"Premises identification number" means a unique identification number that may be assigned by the State Veterinarian to a LBM, distributor, or production flock.

"Production unit" means a production facility or farm that is the origin of or participates in the production of poultry offered for sale in a LBM.

"State Veterinarian" means a qualified veterinarian employed by the Commissioner of Virginia Agriculture and Consumer Services and so designated.

"USDA" means the "United States Department of Agriculture."

"VS" means "Veterinary Services," an office under the USDA, APHIS.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

Part II Live-Bird Markets

2VAC5-195-40 LBM licensing and training requirements

The provisions of this section shall become effective November 19, 2006.

Every LBM in Virginia shall apply to the State Veterinarian for a license to operate. The LBM shall comply with the requirements of this regulation. A premises identification number shall be assigned. The premises identification number shall be recorded on the license to operate.

Requirements for issuance of a license to a LBM are the applicant's agreement to comply with the requirements of this regulation and Virginia's Avian Influenza Proclamation, development and implementation of a written biosecurity plan approved by the State Veterinarian, consent to an initial, random and at least quarterly inspection of the LBM and consent for the State Veterinarian to review all records relating to the LBM.

Failure of the LBM to satisfactorily comply with any of the licensing requirements shall result in the denial of a license to operate. The State Veterinarian may seize and (i) destroy, or (ii) dispose of by any means necessary or appropriate, in the State Veterinarian's judgment, any poultry found in an unlicensed LBM operating in Virginia.

When the State Veterinarian determines that a licensed LBM no longer meets the requirements of this regulation, such license shall be suspended until such time that deficiencies have been corrected to the satisfaction of the State Veterinarian.

The LBM shall allow the State Veterinarian access to the LBM and the birds in the LBM for inspection and testing and for examination of the LBM records.

LBM managers shall attend training that is provided or approved by the State Veterinarian. Such training shall include disease recognition and biosecurity requirements. A certificate of training shall be provided by the trainer and maintained by the LBM in the LBM personnel files.

All personnel that work in the LBM shall be trained in biosecurity procedures as arranged by the owner/manager. A certificate of training shall be maintained by the LBM in the LBM personnel files.

No LBM shall transport birds directly from a production unit, a wholesaler, or an auction market in Virginia unless the LBM is also licensed as a distribution unit in Virginia.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. November 19, 2006; Errata, 23:3 VA.R. 510 October 16, 2006.

2VAC5-195-50 LBM bird testing and recordkeeping

The LBM shall verify bird identification and AI test-negative status of birds at the time of their receipt. If such documentation is not available, the birds shall not enter the LBM. Records for birds shall include the date of entry, the premises-of-origin identification number with a lot identifier, the number and species of birds in the lot, the distributor license number, the date of sale, and a copy of the negative test results for the birds. The record requirements shall include all premises that birds have visited from the flock of origin to the LBM, including production and distribution units where commingling may have occurred.

The LBM shall maintain records for 12 months from the birds' date of entry into the LBM. A copy of the form to be used may be obtained from the State Veterinarian.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

2VAC5-195-60 LBM sanitation and biosecurity requirements

A written biosecurity protocol approved by the State Veterinarian shall be developed and practiced by the LBM.

The LBM shall keep the LBM environment and crates in a clean and sanitary condition as defined by the biosecurity protocol. LBM managers shall ensure that employees follow the approved biosecurity protocol.

The LBM shall slaughter and process the birds before the birds leave the LBM, unless otherwise provided in the biosecurity protocol.

LBMs shall undergo quarterly closures with bird removal and C&D with a minimum of 24 hours of downtime. The LBM shall be inspected and approved by the State Veterinarian prior to reopening.

Poultry waste shall be placed in leak-proof bags or other approved containers, sealed, and disposed of daily through procedures acceptable to the local jurisdiction where the LBM is located.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

2VAC5-195-70 LBM surveillance

Birds in the LBM may be tested for AI at any time, but they shall be tested at least quarterly. Appropriate samples will be collected for AI testing at an approved laboratory.

Specimens tested may include those collected from live birds; the environment within the LBM; swabs collected on arrival from birds, conveyances, and crates; and swabs or tissues from sick and dead birds detected in the LBM. The number and source of the specimens shall be determined by the State Veterinarian.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

2VAC5-195-80 Handling of LBM positive laboratory results

When birds in a LBM test positive for AI, the LBM shall close. Such LBMs shall depopulate and perform C&D. The State Veterinarian shall approve depopulation and disposal methods. The State Veterinarian may at his discretion approve a plan to allow the LBM up to five calendar days from the time of notification of positive test results from an approved laboratory to sell down its poultry inventory. Additional birds shall not enter the LBM after notification of positive status for AI or during the sell-down period.

Prior to reopening, the LBM shall be inspected by the State Veterinarian. Environmental samples shall be taken for testing at this time, but the LBM may be allowed to reopen while it awaits environmental test results. If results are positive for AI, the LBM shall again close (with up to five days to permit sell down, if appropriate) and shall again perform C&D procedures within 24 hours of the depopulation, followed by inspection and retesting.

Samples that initially test positive for AI at an approved laboratory shall be submitted to the NVSL for confirmation.

Any LBM that has a positive AI test shall undergo monthly testing.

After three consecutive negative tests, the LBM may be allowed to return to a schedule of quarterly testing and quarterly closures.

When AI-positive birds are in the LBM or delivered to the LBM, an investigation shall be initiated by the State Veterinarian. LBM records shall be presented to the State Veterinarian for epidemiologic investigation.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. November 19, 2006.

Part III Distribution Units

2VAC5-195-90 Distribution unit licensing and training requirements

The provisions of this section shall become effective November 19, 2006.

All distribution units shall apply to the State Veterinarian for a license to receive, purchase, or transport poultry from a production unit or another distribution unit in Virginia. A premises identification number shall be assigned. The premises identification number shall be recorded on the license to operate.

To receive a license to distribute birds within the live-bird marketing system in Virginia, distribution units shall allow the State Veterinarian access to records upon request and permit inspections and AI testing of birds, premises, and equipment.

A distribution unit license shall not be issued in Virginia until the State Veterinarian has performed an inspection of the unit, its record system, conveyances, crates, and the C&D equipment that will be used. If a distribution unit is located outside of Virginia, the State Veterinarian, at his discretion, may approve an inspection of the unit, its record system, conveyances, crates, and the C&D equipment that will be used, performed by a state or federal veterinary official from the state where the distribution unit is physically located. Distribution units located outside of Virginia and licensed by Virginia shall immediately notify the State Veterinarian of all inspections of the unit, its record system, conveyances, crates, and C&D equipment performed by a state or federal veterinary official in the state where the distribution is physically located.

Requirements for issuance of a license to a distribution unit are the applicant's agreement to comply with the requirements of this regulation and Virginia's Avian Influenza Proclamation, development and implementation of a written biosecurity plan approved by the State Veterinarian, consent to an initial, random and at least quarterly inspection of the distribution unit and consent for the State Veterinarian to review all records relating to the distribution unit.

Failure of the distribution unit to satisfactorily comply with any of the licensing requirements shall result in the denial of a license to operate.

When the State Veterinarian determines that a licensed distribution unit no longer meets the requirements of this regulation, such license shall be suspended until such time that deficiencies have been corrected to the satisfaction of the State Veterinarian.

All personnel that work for a distribution unit in Virginia shall be trained in biosecurity procedures provided or approved by the State Veterinarian. A certification of employee training shall be maintained in the distribution unit's personnel files.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. November 19, 2006; Errata, 23:3 VA.R. 510 October 16, 2006.

2VAC5-195-100 Distribution unit bird testing and recordkeeping

Distribution units shall verify bird identification and AI test-negative status of birds. Distribution units shall provide documentation and certification of a negative test for AI with each delivery of birds to a LBM.

Distribution units shall maintain records of bird pickups and deliveries for 12 months after distribution to the LBM. These records shall include copies of negative AI test results, dates of pickup and delivery, location of origin, species, numbers of birds, and farm premises location that includes lot identification. In addition, distribution units shall keep records of C&D of premises and conveyances for 12 months after distribution of the birds to the LBM. A copy of the records form may be obtained from the State Veterinarian.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

2VAC5-195-110 Distribution unit sanitation and biosecurity requirements

Distribution unit vehicles, bird-holding devices, and any premises where birds may be held shall be kept clean and sanitary.

A written biosecurity protocol approved by the State Veterinarian shall be developed and practiced by the distribution unit.

Distribution units shall use state-approved all-season crates and conveyance washing equipment and present C&D documentation when obtaining birds from production units and other distribution units. The distribution unit shall perform C&D on all crates, conveyance vehicles, and other equipment after visiting a LBM and before returning to a farm. The distribution unit shall maintain documentation of the most recent C&D in the unit's conveyance vehicle. The distribution unit shall maintain C&D documentation of all facilities, conveyance vehicles, and other equipment for the most recent 12 months as part of its record system.

Distribution units shall not transport live birds from LBMs.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

2VAC5-195-120 Distribution unit surveillance

Distribution units receiving, purchasing, or transporting poultry from a production unit or another distribution unit in Virginia shall be subjected to random inspections by the State Veterinarian. Inspections shall be accomplished at least quarterly to ensure that conveyances, crates, and facilities are clean and sanitary and that records are kept in accordance with the requirements of this regulation. Distribution units physically located outside of Virginia shall present conveyances, crates, and C&D equipment used as part of the live-bird marketing system in Virginia for random inspections to be accomplished at least quarterly by the State Veterinarian.

Distribution units receiving, purchasing, or transporting poultry from a production unit or another distribution unit in Virginia may be tested for AI at any time, but they shall be tested at least quarterly. Specimens of choice and the types of tests to be run for each are at the discretion of the State Veterinarian. Distribution units shall notify the State Veterinarian of any AI test results obtained from a private entity. If a distribution unit is located outside of Virginia, the State Veterinarian, at his discretion, may approve testing for AI performed by a state or federal veterinary official from the state where the distribution unit is physically located. Distribution units located outside of Virginia and licensed by Virginia shall immediately notify the State Veterinarian of all AI test results of the unit, conveyances, crates, and C&D equipment performed by a state or federal veterinary official in the state where the distribution is physically located or by a private entity.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

2VAC5-195-130 Handling of distribution unit positive laboratory results

Distribution units that receive, purchase, or transport poultry from a production unit or another distribution unit in Virginia with birds that test positive for AI at an approved laboratory shall close and undergo depopulation of any birds on any premises and C&D of the distribution unit in Virginia. The State Veterinarian shall approve depopulation and disposal methods.

Environmental samples may be taken for AI testing if indicated. Any environmental sample testing positive for AI at an approved laboratory will be submitted to the NVSL for confirmation.

A distribution unit receiving, purchasing, or transporting poultry from a production unit or another distribution unit in Virginia that fails a biosecurity inspection or is positive on quarterly AI testing shall undergo monthly inspections and AI testing until there have been three consecutive months of negative AI testing and satisfactory results from a biosecurity inspection, at which time quarterly testing may resume.

When AI-positive birds are found within the distribution unit receiving, purchasing, or transporting poultry from a production unit or another distribution unit in Virginia, the State Veterinarian shall initiate an investigation. All distribution unit records shall be presented to the State Veterinarian for epidemiologic investigation.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

Part IV Production Units

2VAC5-195-140 Production unit licensing and training requirements

The provisions of this section shall become effective November 19, 2006.

Production units shall apply to the State Veterinarian for a license to operate in Virginia. A premises identification number shall be assigned. The premises identification number shall be recorded on the license to operate.

Production units shall allow the State Veterinarian access to records upon request. Testing for AI shall be conducted by the State Veterinarian.

Requirements for issuance of a license to a production unit are the applicant's agreement to comply with the requirements of this regulation and Virginia's Avian Influenza Proclamation, development and implementation of a written biosecurity plan approved by the State Veterinarian, consent to an initial, random and at least quarterly inspection of the production unit and consent for the State Veterinarian to review all records relating to the production unit.

Failure of the production unit to satisfactorily comply with any of the licensing requirements shall result in the denial of a license to operate in Virginia.

When the State Veterinarian determines that a licensed production unit no longer meets the requirements of this regulation, such license shall be suspended until such time that deficiencies have been corrected to the satisfaction of the State Veterinarian.

Production unit personnel shall attend training provided or approved by the State Veterinarian. Such training shall include disease recognition and biosecurity requirements. A certificate of training shall be provided by the trainer and maintained with the production unit's personnel records.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. November 19, 2006; Errata, 23:3 VA.R. 510 October 16, 2006.

2VAC5-195-150 Production unit bird testing and recordkeeping

Production unit birds shall originate from a negative AI flock and shall bear or be accompanied by identification to a premises of origin. The categories of production units and the testing requirements for each category are as specified in the "USDA Uniform Standards for a State-Federal-Industry Cooperative Program, October 20, 2004."

Samples for AI testing may be collected by state or federal animal health technicians, veterinary medical officers, accredited veterinarians, or others so designated by the State Veterinarian.

The production unit shall maintain AI flock test records as well as records of bird purchases and transfers for 12 months from the date the bird left the production unit. A copy of the form to be used may be obtained from the State Veterinarian.

Production unit birds loaded for transportation shall be identified by premises of origin and shall contain a lot number that will distinguish the shipment from others. The production unit shall record this information on the test certificate that will be provided to the distribution unit.

A production unit shall not sell its birds directly to LBMs unless the production unit is also licensed as a distribution unit in Virginia. A production unit licensed as a distribution unit in Virginia shall locate the C&D equipment at a site approved by the State Veterinarian.

Production unit premises with birds that test positive for AI shall be quarantined while results are being confirmed. Positive AI flocks shall be tested using a virus-detection procedure.

Production unit premises that are confirmed positive for AI shall be depopulated and shall undergo C&D. The State Veterinarian shall approve depopulation and disposal methods. Such depopulation and disposal shall be accomplished by production unit personnel. The premises shall then be inspected and retested. The production unit shall have a negative AI environmental test before restocking. If approved by the State Veterinarian, controlled slaughter may be directed as a method of depopulation.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

2VAC5-195-160 Production unit sanitation and biosecurity requirements

A production unit shall keep its unit, conveyances, bird-holding devices, and other equipment clean and sanitary.

A written biosecurity protocol approved by the State Veterinarian shall be developed and practiced by the production unit.

Production units shall have state-approved equipment available for C&D of premises, conveyances, and crates. Production units shall maintain records of downtime and C&D for 12 months after distribution of the birds in the live-bird marketing system.

Production units shall notify the State Veterinarian of dates and times of scheduled pickups by distribution units at least 48 hours prior to the scheduled pickups.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

2VAC5-195-170 Production unit surveillance

Production unit premises shall be subject to random inspections by the State Veterinarian to ensure that premises, conveyances, and coops are clean and sanitary. Random samples for AI testing may be collected from birds or the environment at the time of inspection. The production unit shall provide records for review during production unit inspections.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

2VAC5-195-180 Handling of production unit positive laboratory results

Production unit bird samples positive for AI shall be submitted to the NVSL for confirmation. The premises shall be quarantined until results are obtained from the NVSL.

Production unit premises with AI-positive birds confirmed by the NVSL shall remain under quarantine. All records shall be presented to the State Veterinarian for epidemiologic investigation. The birds shall be depopulated and the premises shall undergo C&D by employees of the production unit, under the supervision of the State Veterinarian.

The State Veterinarian may require depopulation and disposal any time multiple positive AI screening tests are reported, without waiting for NVSL confirmation.

History

• Statutory Authority: § 3.2-6023 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 25, eff. August 21, 2006.

Chapter 210 Rules and Regulations Pertaining to Meat and Poultry Inspection under the Virginia Meat and Poultry Products Inspection Act

Part I Adoption by Reference

2VAC5-210-10 Adoption by reference

The rules and regulations governing the meat and poultry inspection of the U.S. Department of Agriculture specified in this part, as contained in Title 9, Chapter III, Subchapters A and E of the Code of Federal Regulations, as it exists and has been published in the January 1, 2021, update with amendments and with administrative changes therein as needed to make them appropriate and applicable to intrastate operations and transactions subject to the Virginia Meat and Poultry Products Inspection Act, are hereby adopted by reference.

History

• Statutory Authority: § 3.2-5406 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-19 § 1.1, eff. March 25, 1993; amended, Virginia Register Volume 13, Issue 12, eff. February 5, 1997; Volume 22, Issue 24, eff. July 19, 2006; Volume 29, Issue 16, eff. May 8, 2013; Volume 33, Issue 2, eff. August 31, 2016; Volume 34, Issue 23, eff. July 9, 2018; Volume 38, Issue 3, eff. September 27, 2021.

2VAC5-210-20 Definitions

The following words and terms when used in this part shall have the following meanings unless the context clearly indicates otherwise:

"Act" means the Virginia Meat and Poultry Products Inspection Act (§ 3.2-5400 et seq. of the Code of Virginia).

"Administrator" means the Director of the Division of Animal and Food Industry Services, or any other officer or employee of the department to whom authority has heretofore been delegated or may hereafter be delegated to act in his stead.

"Commerce" means commerce within the Commonwealth of Virginia.

"Department" means the Virginia Department of Agriculture and Consumer Services.

"Federal" means "Virginia."

"Federally inspected and passed" means Virginia inspected and passed.

"Interstate" means intrastate.

"Program" means the Office of Meat and Poultry Services, Virginia Department of Agriculture and Consumer Services.

"Secretary" means the Commissioner of Agriculture and Consumer Services.

"Food Safety Inspection Service" means the Virginia meat and poultry inspection program.

"United States" or "U.S." means "Virginia."

"U.S. Brands and Legends" means "Virginia Brands and Legends."

History

• Statutory Authority: § 3.2-5406 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-19 § 1.2, eff. March 25, 1993; amended, Virginia Register Volume 13, Issue 12, eff. February 5, 1997; Volume 22, Issue 24, eff. July 19, 2006; Volume 25, Issue 11, eff. March 4, 2009.

2VAC5-210-30 Mandatory meat and poultry products inspection and voluntary inspection and certification

The Commissioner of the Department of Agriculture and Consumer Services hereby adopts the following provisions of Title 9, Chapter III, Subchapter A of the Code of Federal Regulations as described in 2VAC5-210-10:

Subchapter A -- Agency organization and terminology; mandatory meat and poultry products inspection and voluntary inspection and certification.

Part 302. Application of inspection and other requirements.

Part 303. Exemptions.

Any establishment, firm, person or corporation operating under Section 303.1(a)(2) of this subchapter is required to apply for and receive a permit of exemption in accordance with requirements set forth by the Commissioner of Agriculture and Consumer Services or his delegate.

Part 304. Application for inspection; grant or refusal of inspection.

Part 305. Official numbers; inauguration of inspection; withdrawal of inspection; reports of violation.

Part 306. Assignment and authorities of program employees.

Part 307. Facilities for inspection.

Part 309. Ante-mortem inspection.

Part 310. Post-mortem inspection.

Part 311. Disposal of diseased or otherwise adulterated carcasses and parts.

Part 312. Official marks, devices and certificates.

Part 313. Humane slaughter of livestock.

Part 314. Handling and disposal of condemned or other inedible products at official establishments.

Part 315. Rendering or other disposal of carcasses and parts passed for cooking.

Part 316. Marking products and their containers.

Part 317. Labeling, marking devices, and containers.

Part 318. Entry into official establishments; reinspection and preparation of products.

Part 319. Definitions and standards of identity or composition.

Part 320. Records, registration, and reports.

Part 325. Transportation.

Part 329. Detention; seizure and condemnation; criminal offenses.

Part 335. Rules of practice governing proceedings under the federal Meat Inspection Act.

Part 350. Special services relating to meat and other products.

Part 352. Exotic animals; voluntary inspection.

Part 354. Voluntary inspection of rabbits and edible products thereof.

Part 355. Certified products for dogs, cats, and other carnivora; inspection, certification, and identification as to class, quality, quantity, and condition.

Part 362. Voluntary poultry inspection regulations.

Part 381. Poultry products inspection regulations.

Subpart B. Administration; application of inspection and other requirements. Deleting Section 381.5-Publications.

Subpart C. Exemptions.

Any establishment, firm, person or corporation operating under § 381.10 (5), (6) or (7) of this subchapter is required to apply for and receive a permit of exemption in accordance with requirements set forth by the Commissioner of Agriculture and Consumer Services or his delegate.

Subpart D. Application for inspection; grant or refusal of inspection.

Subpart E. Inauguration of inspection; official establishment numbers; separation of establishments and other requirements; withdrawal of inspection.

Subpart F. Assignment and authorities of program employees; appeals.

Subpart G. Facilities for inspection; overtime and holiday service; billing establishments.

Subpart H. Sanitation.

Subpart I. Operating procedures.

Subpart J. Ante-mortem inspection.

Subpart K. Post-mortem inspection; disposition of carcasses and parts.

Subpart L. Handling and disposal of condemned or other inedible products at official establishments.

Subpart M. Official marks, devices, and certificates; export certificates; certification procedures.

Except as otherwise required in this subchapter all referrals and instructions relative to export or import are deleted from adoption.

Subpart N. Labeling and containers.

Subpart O. Entry of articles into official establishments; processing inspection and other reinspections; processing requirements.

Subpart P. Definitions and standards of identity or composition.

Subpart Q. Records, registration, and reports.

Subpart S. Transportation; exportation; or sale of poultry or poultry products.

Subpart U. Detention; seizure and condemnation; criminal offenses.

Subpart X. Canning and canned products.

Subpart Y. Nutrition labeling.

History

• Statutory Authority: § 3.2-5406 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-19 § 1.3, eff. March 25, 1993; amended, Virginia Register Volume 13, Issue 12, eff. February 5, 1997; Volume 22, Issue 24, eff. July 19, 2006; Volume 24, Issue 9, eff. December 11, 2007; Volume 29, Issue 16, eff. May 8, 2013.

2VAC5-210-40 (Repealed.)

Historical Notes

Derived from VR115-02-19 § 1.4, eff. March 25, 1993; amended, Virginia Register Volume 13, Issue 12, eff. February 5, 1997; repealed, Virginia Register Volume 22, Issue 24, eff. July 19, 2006.

2VAC5-210-41 Regulatory requirements

A. Effective January 6, 2014, the Commissioner of the Department of Agriculture and Consumer Services hereby adopts the following provision of Title 9, Chapter III, Subchapter E of the Code of Federal Regulations:

Part 412. Label approval.

B. The Commissioner of the Department of Agriculture and Consumer Services hereby adopts the following provisions of Title 9, Chapter III, Subchapter E of the Code of Federal Regulations as described in 2VAC5-210-10:

Subchapter E. Regulatory requirements under the federal Meat Inspection Act and the Poultry Products Inspection Act.

Part 416. Sanitation.

Part 417. Hazard analysis and critical control point (HACCP) systems.

Part 418. Recalls.

Part 424. Preparation and processing operations.

Part 430. Requirements for specific classes of product.

Part 441. Consumer protection standards: raw products.

Part 442. Quantity of contents labeling and procedures and requirements for accurate weights.

Part 500. Rules of practice.

History

• Statutory Authority: § 3.2-5406 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 22, Issue 24, eff. July 19, 2006; amended, Virginia Register Volume 24, Issue 9, eff. December 11, 2007; Volume 26, Issue 20, eff. May 21, 2010; Volume 29, Issue 16, eff. May 8, 2013; Volume 30, Issue 9, eff. December 3, 2013.

2VAC5-210-50 (Repealed.)

Historical Notes

Derived from VR115-02-19 § 1.5, eff. March 25, 1993; amended, Virginia Register Volume 13, Issue 12, eff. February 5, 1997; repealed, Virginia Register Volume 22, Issue 24, eff. July 19, 2006.

Part II Fees and Charges

2VAC5-210-60 Hourly charge

In setting the hourly charge to be made by the Virginia Office of Meat and Poultry Inspection Services, the Department of Agriculture and Consumer Services may charge for voluntary, overtime, and holiday inspection, and administrative costs associated therewith. The amount charged will be sufficient to pay: (i) the salaries and benefits of inspection personnel providing voluntary, overtime, and holiday inspection services; and (ii) that portion of the salaries and benefits of any other employee or employees attributable to administrative services associated with voluntary, overtime, or holiday inspection.

History

• Statutory Authority: § 3.2-5406 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-19 § 2.1, eff. March 25, 1993; amended, Virginia Register Volume 22, Issue 24, eff. July 19, 2006.

2VAC5-210-70 Mileage rate

In setting the mileage rate, the Department of Agriculture and Consumer Services may charge a rate not to exceed that authorized by the Commonwealth of Virginia State Travel Regulations.

History

• Statutory Authority: § 3.2-5406 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-19 § 2.2, eff. March 25, 1993.

2VAC5-210-80 Lodging rates

In setting lodging rates, the Department of Agriculture and Consumer Services may charge a rate not to exceed that authorized by the Commonwealth of Virginia State Travel Regulations.

History

• Statutory Authority: § 3.2-5406 of the Code of Virginia.
• Historical Notes: Derived from VR115-02-19 § 2.3, eff. March 25, 1993.

Chapter 510 Regulations Governing the Production, Processing, and Sale of Ice Cream, Frozen Desserts, and Similar Products

Part I Definitions

2VAC5-510-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"3-A Accepted Practices" means the accepted practices published by 3-A Sanitary Standards, Incorporated and indexed in the 3-A Sanitary Standards and 3-A Accepted Practices, effective March 1, 2024.

"3-A Sanitary Standards" means the standards for dairy equipment published by 3-A Sanitary Standards, Incorporated and indexed in the 3-A Sanitary Standards and 3-A Accepted Practices, effective March 1, 2024.

"Adulterated milk, milk products, and frozen desserts" means any milk, milk products, other frozen dessert ingredient, frozen desserts, or frozen desserts mix that meets one or more of the conditions specified in 21 USC § 342.

"Cleaned in place" or "CIP" means the procedure by which equipment is mechanically cleaned in place by circulation of wash, rinse, and sanitizer solutions.

"Frozen dessert" means any of the following: ice cream, frozen custard, french ice cream, french custard ice cream, ice milk, fruit sherbet, water ice, nonfruit sherbet, nonfruit water ice, artificially sweetened ice cream or frozen dietary dairy dessert, artificially sweetened ice milk, frozen yogurt, quiescently frozen confection, quiescently frozen dairy confection, mellorine, parevine, lowfat parevine, freezer made milk shake, freezer made shake, those products manufactured or sold in semblance to or as substitutes for the foregoing frozen desserts, and any mix used in the freezing of the foregoing frozen desserts.

"Frozen desserts plant" means any place or premises where frozen desserts or mix are manufactured, processed, pasteurized, or frozen for distribution or sale.

"Harmless" means that a food or substance is generally recognized as safe, as prescribed in 21 CFR Parts 181 through 186.

"Misbranded" means a milk, milk product, other frozen dessert ingredient, frozen dessert, or frozen dessert mix that:

1. Bears on its container or is accompanied by any false or misleading written, printed, or graphic matter;

2. Does not conform to the product's definition established in this chapter; or

3. Is not labeled in accordance with 2VAC5-510-430.

"Official methods" means Official Methods of Analysis of AOAC International, a publication of the Association of Official Analytical Collaboration International.

"Pasteurization" or "pasteurized" means the process of heating, in approved and properly operated equipment, every particle of mix to any one of the following temperatures and holding at the temperature for the specified time:

1. Vat Pasteurization: 155°F (68.3°C) and holding at such temperature for at least 30 minutes.

2. HTST (high-temperature short-time) Pasteurization: 175°F (79.4°C) and holding at such temperature for at least 25 seconds.

Nothing contained in this definition shall be construed as barring any other method of process, or combination of times and temperatures, as may be demonstrated to be equally efficient.

"Permit" means the document issued by the Commissioner of Agriculture and Consumer Services pursuant to § 3.2-5214 of the Code of Virginia that authorizes a person to operate a frozen desserts plant.

"Permit holder" means the entity that is legally responsible for the operation of the frozen desserts plant, such as the owner, the owner's agent, or other person, and that possesses a valid permit to operate a frozen desserts plant.

"Person" means any individual, partnership, corporation, company, firm, trustee, or association.

"Plant" means any place, premise, or establishment where milk or dairy products are received or handled for processing or manufacturing the products defined in this chapter.

"Powder" or "dry frozen desserts mix" means a frozen desserts mix in a dry form.

"Standard methods" means Standard Methods for the Examination of Dairy Products, a publication of the American Public Health Association.

"State Regulatory Agency" means the Commissioner of Agriculture and Consumer Services or the commissioner's agent or the State Health Commissioner or the commissioner's agent when such person is carrying out any duty assigned to such commissioner in the Milk, Milk Products, and Dairies Law (§ 3.2-5200 et seq. of the Code of Virginia).

"Summarily suspend" means the immediate suspension of a permit issued by the State Regulatory Agency without the opportunity for the permit holder to contest the suspension prior to the effective date and time of the suspension.

"VDACS" means the Virginia Department of Agriculture and Consumer Services.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

Part II Intent, Scope, and Interpretation

2VAC5-510-20 Uniformity of enforcement

A. The Virginia Board of Agriculture and Consumer Services hereby finds and declares that a uniform regulation is needed to govern the production, processing, labeling, and distribution of ice cream and similar products within the Commonwealth of Virginia. This chapter relating to ice cream and similar products shall be applicable throughout the Commonwealth of Virginia and shall be enforced on a statewide basis. Products produced, processed, or manufactured under the provisions of this chapter can be sold in all counties, cities, and towns in this state. The products shall not be subject to regulations by ordinance or otherwise to supervision or inspection by any political subdivision.

B. No regulation shall be construed to prohibit the sale of any imported dairy product within the Commonwealth if the laws and regulations of the exporting state or political subdivision thereof are substantially the same as this chapter, and if the laws and regulations are enforced with equal effectiveness as determined by VDACS or the Virginia Department of Health.

C. Unless otherwise provided by state law or by regulation of the Virginia Board of Agriculture and Consumer Services, this chapter shall be interpreted and enforced where applicable with administrative procedures and recommended regulations of the U.S. Department of Health and Human Resources and the U.S. Department of Agriculture.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 2.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part III Standardized Frozen Desserts and Related Products

2VAC5-510-30 Ice cream and frozen custard

A. Ice cream or frozen custard is the food prepared from the same ingredients and in the same manner, including labeling, as prescribed in 21 CFR 135.110 or 21 CFR 135.115.

B. Ice cream mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, produces a product conforming to the description of "ice cream" in 21 CFR 135.110 or "goat's milk ice cream" in 21 CFR 135.115.

C. Frozen custard mix, french ice cream mix, or french custard ice cream mix is the pasteurized unfrozen combination of ingredients that, when frozen while stirring, produces products conforming to the description of "frozen custard," "french ice cream," or "french custard ice cream" in 21 CFR 135.110 or "goat's milk frozen custard," "goat's milk french ice cream," or "goat's milk french custard ice cream" in 21 CFR 135.115.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 3.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-40 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-50 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.3, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-60 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.4, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-70 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.5, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-80 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.6, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-90 Sherbets

A. Sherbet is the food prepared from the same ingredients and in the same manner, including labeling, as prescribed in 21 CFR 135.140.

B. Sherbet mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, produces a product conforming to the description of "sherbet" in 21 CFR 135.140.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 3.7, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-100 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.8, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-110 Water ices

A. Water ices are the foods that are prepared from the same ingredients and in the same manner, including labeling, as prescribed in 21 CFR 135.160.

B. Water ice mix is the unfrozen combination of ingredients that, when frozen while stirring, produces a product conforming to the description of "water ices" in 21 CFR 135.160.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 3.9, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-120 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.10, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-130 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.11, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-140 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.12, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-150 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.13, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-160 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.14, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-170 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.15, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-180 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.16, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-190 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.17, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-200 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.18, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-210 Frozen yogurt

A. Frozen yogurt is a food that is prepared by freezing while stirring a pasteurized mix containing whole milk, partially defatted milk, skim milk, or other milk products and with or without fruits, nuts, flavoring materials, sweeteners, stabilizers, emulsifiers, and any other safe and suitable approved ingredient that is cultured after pasteurization by one or more strains of Lactobacillus delbrueckii subsp. bulgaricus and Streptcoccus thermophilus; provided, however, that fruits, nuts, or other flavoring materials may be added before or after the mix is pasteurized and cultured. The standard plate count requirement for frozen desserts shall apply only to the mix prior to culturing. The finished frozen yogurt shall weigh not less than five pounds per gallon. The name of the product is "frozen yogurt." The label on a package of frozen yogurt, in addition to other required information, shall include a complete list of all ingredients in descending order or predominance; for the purposes of Part III (2VAC5-510-30 et seq.) of this chapter, the strains of bacteria may be collectively referred to as yogurt culture.

B. Frozen yogurt mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the definition of frozen yogurt.

C. Frozen yogurt mix may be shipped in a frozen state.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 3.19, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-220 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.20, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-230 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.21, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-240 Quiescently frozen confection

A. Quiescently frozen confection means the frozen, sweetened, flavored product in the manufacture of which freezing has not been accompanied by stirring or agitation, generally known as quiescent freezing. This confection may be acidulated with harmless organic acid, may contain milk products, may be made with or without added harmless natural or artificial flavoring, with or without added harmless coloring. The finished product shall not contain more than one-half of 1.0% by weight of stabilizing agents. The finished product shall contain not less than 17% by weight of total food solids. This confection must be manufactured in the form of servings, individually packaged, bagged, or otherwise wrapped, properly labeled and purveyed to the consumer in its original factory-filled package. In the production of this quiescently frozen confection, no processing or mixing prior to quiescent freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10%.

B. Quiescently frozen confection mix is the unfrozen combination of ingredients that, when frozen, will produce a product conforming to the definition of quiescently frozen confection.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 3.22, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-250 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.23, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-260 Quiescently frozen dairy confection

A. Quiescently frozen dairy confection means the frozen product made from water, pasteurized milk products, and sweetening agents, with added harmless coloring, with or without added stabilizing and emulsifying ingredients, and in the manufacture of which freezing has not been accompanied by stirring or agitation, generally known as quiescent freezing. It contains not less than 13% by weight of total milk solids, not less than 33% by weight of total food solids, not more than one-half of 1.0% by weight of stabilizing agents, not more than one-fifth of 1.0% by weight of monoglycerides or diglycerides or a combination of both, and not more than one-tenth of 1.0% by weight of polysorbate 65 or polysorbate 80 or a combination of both. This confection must be manufactured in the form of servings individually packaged, bagged, or otherwise wrapped, properly labeled and purveyed to the consumer in its original factory-filled package. In the production of this quiescently frozen dairy confection, no processing or mixing prior to quiescent freezing shall be used that develops in the finished confection mix any physical expansion in excess of 10%.

B. Quiescently frozen dairy confection mix is the pasteurized, unfrozen combination of ingredients that, when frozen, will produce a product conforming to the definition of quiescently frozen dairy confection.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 3.24, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-270 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.25, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-280 Manufactured desserts mix

Manufactured desserts mix, whipped cream confection, or bisque tortoni means a pasteurized frozen dessert made with milk products, sweetening agents, flavoring agents, stabilizing agents, and emulsifying agents, with or without harmless coloring. It contains not less than 18% by weight of milkfat, not more than one-half of 1.0% by weight of stabilizing agents, not more than two-tenths of 1.0% by weight of monoglycerides or diglycerides of fat forming fatty acids or a combination of both, not more than one-tenth of 1.0% by weight of polyoxyethylene (20) sorbitan tristearate or polysorbate 80 (polyoxyethelene (20) sorbitan monooleate) or a combination of both, not more than 12% of milk solids not fat, and may be packaged with gas, as prescribed in 21 CFR Part 184, causing it to fluff upon ejection from the package or container.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 3.26, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-290 Mellorine

A. Mellorine is the food prepared from the same ingredients and in the same manner, including labeling, as prescribed in 21 CFR 135.130.

B. Mellorine mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the description of mellorine in 21 CFR 135.130.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 3.27, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-300 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.28, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-310 Parevine

A. Parevine is the food prepared by freezing while stirring a pasteurized mix composed of (i) one or more edible vegetable fats; (ii) any optional sweetening ingredient except lactose; and (iii) protein or any other source of carbohydrate food solids. Parevine shall not contain any milk or meat products or any derivatives of such products.

B. The fat content of parevine shall not be less than 10%, except that when bulky optional characterizing ingredients are used, the fat content may be reduced as a result of the addition of such ingredients, but shall in no case be less than 8.0%.

C. The content of food solids in parevine shall not be less than 1.3 pounds per gallon of the finished product.

D. The weight of the finished product shall not be less than 4.5 pounds per gallon.

E. Parevine shall be offered in the form of servings individually packaged, bagged, or wrapped and properly labeled and purveyed to the consumer in original plant-sealed container. When any artificial color or flavor is used in parevine directly or indirectly as a component of any other ingredient, then the label must bear the statement "Artificial color and flavor added," or similar words.

F. Parevine mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the description of parevine in this section.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 3.29, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-320 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.30, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-330 Lowfat parevine

A. Lowfat parevine is the food prepared by freezing while stirring a pasteurized mix composed of (i) one or more edible vegetable fats; (ii) any optional sweetening ingredient except lactose; and (iii) protein or any other source of carbohydrate food solids. Lowfat parevine shall not contain any milk or meat products nor any derivatives of such products.

B. The fat content of lowfat parevine shall not be more than 6.0%.

C. The content of food solids in lowfat parevine shall not be less than 1.3 pounds per gallon of the finished product.

D. The weight of the finished product shall not be less than 4.5 pounds per gallon.

E. Lowfat parevine shall be offered in the form of servings individually packaged, bagged, or wrapped and properly labeled and purveyed to the consumer in original plant-sealed container. When any artificial color or flavor is used in lowfat parevine directly or indirectly as a component of any other ingredient, then the label must bear the statement "Artificial color and flavor added," or similar words.

F. Lowfat parevine mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the description of lowfat parevine in this section.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 3.31, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-340 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.32, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-350 Freezer made milk shake

A. Freezer made milk shake means a pure, clean, wholesome semi-viscous drink prepared by stirring while freezing in a dispensing freezer a pasteurized mix obtained from an approved source consisting of milkfat, milk solids not fat, water, optional sweetening ingredients, with or without egg or egg products, with harmless flavoring, with or without harmless coloring, and with or without approved stabilizer or approved emulsifier. It shall contain not less than 3.25% milkfat. It shall contain not less than 10% milk solids not fat, not more than 0.5% by weight of stabilizer, and not more than one-fifth of 1.0% of emulsifier.

B. Other freezer made shakes, including jumbo shake, thick shake, T.V. shake, or any coined or trade name containing the word "shake" shall meet the requirements of subsection A of this section, except that the minimum percent of milkfat may be less than 3.25%.

C. "Shakes" not meeting the requirement for "milk" shakes shall not be advertised, sold, or served as a milk shake.

D. Freezer made milk shake mix is the pasteurized, unfrozen combination of ingredients that, when frozen while stirring, will produce a product conforming to the description of freezer made milk shake in this section.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 3.33, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-360 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.34, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-370 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.35, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-380 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.36, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-390 Imitation frozen desserts

A. Imitation frozen dessert is any frozen substance, mixture, or compound, regardless of the name under which it is represented, that is made in imitation or semblance of ice cream or is prepared or frozen as ice cream is customarily prepared or frozen and that is not ice cream, frozen custard, french ice cream, french custard ice cream, ice milk, fruit sherbet, water ice, nonfruit sherbet, nonfruit water ice, artificially sweetened ice cream or frozen dietary dessert, artificially sweetened ice milk, frozen yogurt, quiescently frozen confection, quiescently frozen dairy confection, mellorine, parevine, lowfat parevine, or freezer made milk shake, as established by definitions and standards of identity in Part III (2VAC5-510-30 et seq.) of this chapter.

B. Powder or dry imitation frozen desserts mixes that contain no milk or other dairy product ingredients but contain dry whey, reduced minerals whey, whey protein concentrate, reduced lactose whey, or optional caseinates specified in 2VAC5-510-30 are exempted from the pasteurization requirements of Part XII (2VAC5-510-550 et seq.) of this chapter. The wheys, caseinates, or egg ingredients used in the formulation of these mixes shall have been pasteurized or subjected to any other method of process demonstrated to be equally efficient. Powder or dry imitation frozen dessert mixes shall contain no ingredients except those that are generally recognized as safe by the U.S. Food and Drug Administration or those that are permitted by this chapter in a frozen dessert.

C. No imitation frozen desserts shall be manufactured, sold, advertised, offered, or exposed for sale in the Commonwealth unless 30 days prior to such manufacture, advertisement, offer, exposure for sale, or sale, the manufacturer, offeror, or dealer files with the commissioner such intent. The filing required by this subsection shall be on forms supplied by the commissioner and shall include such information as the name under which the imitation frozen dessert is to be advertised or offered for sale, ingredients, including any optional ingredients, proportion of ingredients expressed in a percentage, method of preparation, and any other relevant information the commissioner may require.

D. Information filed pursuant to this section shall be confidential and used solely for administration and enforcement of this chapter.

E. Imitation frozen desserts shall be considered as frozen desserts in the enforcement of Parts IV (2VAC5-510-410 et seq.) through XIV (2VAC5-510-630 et seq.) of this chapter.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 3.37, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-400 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 3.38, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 24, Issue 17, eff. June 12, 2008.

Part IV Adulterated or Misbranded Milk, Milk Products, Frozen Desserts or Frozen Desserts Mix

2VAC5-510-410 Prohibition

No person shall produce, provide, sell, offer, or expose for sale, or have in possession with intent to sell any milk, milk product, other frozen dessert ingredients, frozen dessert or frozen dessert mix which is adulterated or misbranded.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 4.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008.

2VAC5-510-415 Recall plan

A. Each permit holder shall develop a recall plan that, when implemented, will effectively protect the public from frozen dessert products that present a risk of illness, injury, or gross deception, or are otherwise defective. Each permit holder shall submit a recall plan to VDACS prior to the issuance of any frozen desserts plant permit. VDACS shall review the recall plan or require the recall plan to be modified by the permit holder. A permit holder shall review the permit holder's recall plan annually and each time the permit holder introduces a new product. Within the 60 days following a recall plan review, if the permit holder determines that modifications to the recall plan are necessary, the permit holder shall revise the recall plan and submit the revised plan to VDACS for approval.

B. A recall plan shall include provisions to provide the following information to VDACS:

1. Identity of the product involved in the recall;

2. Reason for the recall and the date and circumstances under which the product deficiency or possible deficiency was discovered;

3. Evaluation of the risk associated with the deficiency or possible deficiency;

4. Total amount of identified products produced and the time span of the production;

5. Total amount of identified products estimated to be in distribution channels;

6. Distribution information, including the identity of each person to which the identified product was sold and the number of identified products sold to each person;

7. Draft copy of the permit holder's proposed recall communication;

8. Proposed strategy for conducting the recall; and

9. Name and telephone number of the permit holder's representative who should be contacted concerning the recall.

C. Each permit holder shall promptly notify each of its affected direct accounts about a recall and shall prepare a recall communication to:

1. Clearly identify the product, size, lot number, code or serial number, and any other descriptive information to enable accurate and immediate identification of the recalled product;

2. Explain concisely the reason for the recall and the hazard involved, if any;

3. Provide specific instructions on what should be done with respect to the recalled product;

4. Require the affected direct account to report to the recalling firm the quantity of the recalled product that the affected direct account has in its possession;

5. State that further distribution or use of any remaining product should cease immediately; and

6. Where appropriate, state that the affected direct account should notify its customers who received the recalled product.

D. Each permit holder shall provide recall status reports to VDACS as requested by the VDACS until the recall is terminated. Each permit holder shall include in each recall status report the following information:

1. The number of affected direct accounts notified of the recall and the date and method of notification;

2. The number of affected direct accounts responding to the recall communication and the quantity of products in the affected direct account's possession at the time the recall communication was received;

3. The number and identity of the affected direct accounts that did not respond to the recall communication;

4. The number of products returned or corrected by each affected direct account that was contacted and the quantity of products that are accounted for;

5. The number of effectiveness checks that were made and the results of those checks; and

6. The estimated timeframe for completion of the recall.

E. Each permit holder shall implement its recall plan within eight hours after receipt of written notification to do so by VDACS. If the permit holder fails to implement its recall plan within the eight hours, VDACS may prepare and issue the recall communication.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

Part V Permits

2VAC5-510-420 Issuing, suspension, and revocation of permits

A. It shall be unlawful for any person who does not possess a permit from the Commissioner of Agriculture and Consumer Services to manufacture in the Commonwealth any food listed in § 3.2-5212 of the Code of Virginia.

B. Only a person who complies with the requirements of this chapter shall be entitled to receive and retain such a permit. Permits shall not be transferable with respect to persons or locations.

C. The State Regulatory Agency may immediately temporarily suspend such permit, without notice of hearing, whenever it has reason to believe that a public health hazard exists or is imminent, or in case of willful refusal to permit authorized inspection, provided that a formal notice and hearing shall be afforded such suspended permit holder within 72 hours of such suspension. In all other cases of violation of this chapter, the State Regulatory Agency may serve upon the holder a written notice of intent to suspend the permit. This notice shall specify the violations in question and may afford the holder a reasonable opportunity to correct the violations or the State Regulatory Agency shall afford the permit holder the opportunity for a formal hearing pursuant to § 2.2-4020 of the Code of Virginia before taking action to suspend or revoke a permit. A suspension of permit shall remain in effect until the violation has been corrected to the satisfaction of the State Regulatory Agency.

D. Upon gross or repeated violations, the State Regulatory Agency may revoke the permit following reasonable notice to the permit holder and an opportunity for a hearing. Nothing in this section is intended to preclude the institution of court action.

E. The State Regulatory Agency may cancel, suspend, revoke, or deny the permit of any person if:

1. The permit holder does not daily or on a regular basis produce, provide, manufacture, sell, offer for sale, or store in the Commonwealth of Virginia ice cream, frozen desserts, or similar products;

2. The permit holder fails to provide at no cost to the State Regulatory Agency samples of ice cream, frozen desserts, or similar products in the permit holder's possession for testing by the State Regulatory Agency;

3. A public hazard exists that affects the permit holder's ice cream, frozen dessert, or similar products;

4. The permit holder or any agent of the permit holder has obstructed or interfered with the State Regulatory Agency in the performance of the State Regulatory Agency's duties;

5. The permit holder or any agent of the permit holder knowingly supplies false or misleading information to the State Regulatory Agency (i) in the person's application for a permit, (ii) concerning the identity of the person who will control the facility that is the subject of the permit, (iii) concerning any investigation conducted by the State Regulatory Agency, or (iv) concerning the location of any part of the permit holder's operation that is subject to a permit;

6. The permit holder fails to correct any deficiency that the State Regulatory Agency has cited in a written notice of intent to suspend the permit holder's permit, as a violation of this chapter;

7. The permit holder sells or offers to sell ice cream, frozen desserts, or similar products that violate any requirement of this chapter;

8. The most recent phosphate test on the permit holder's ice cream, frozen desserts, or similar products containing dairy violates the standard specified in this chapter;

9. The person manufactures, freezes, sells, offers or exposes for sale, or has in possession with the intent to sell any milk product, frozen dessert ingredients, or frozen dessert mix that is adulterated or misbranded or that does not conform to the product definition or of any requirement made and promulgated under this chapter; or

10. The State Regulatory Agency determines that conditions exist in a frozen desserts plant that would render such entity significantly out of compliance with an applicable provision of this chapter.

The State Regulatory Agency may summarily suspend a permit for violation of subdivision 4, 6, 7, 8, or 9 of this subsection.

F. The Commissioner of Agriculture and Consumer Services may suspend from sale or seize any frozen dessert product in violation of this chapter that is processed by any frozen desserts plant permit holder in lieu of suspending the frozen desserts plant permit holder's permit.

G. The Commissioner of Agriculture and Consumer Services may exempt a person who makes a frozen dessert and sells that frozen dessert directly to the consumer from the requirement to obtain a permit issued pursuant to § 3.2-5214 of the Code of Virginia. However, a person who pasteurizes the milk, milk products, or eggs used as ingredients in the frozen dessert is not eligible for this exemption.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 5.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

Part VI Labeling

2VAC5-510-430 Name and address of manufacturer, statement of quantity, and product identity

A. Any frozen dessert or frozen dessert mix in which a standard of identity has been established under Part III (2VAC5-510-30 et seq.) of this chapter shall be deemed to be misbranded if in container or package form unless it bears a label containing:

1. The name and address of the frozen desserts plant or retail establishment in which the frozen dessert or frozen dessert mix is manufactured or the name and address of the manufacturer's principal office and a code designation approved by the Commissioner of Agriculture and Consumer Services identifying the plant or establishment in which the food was manufactured.

2. An accurate statement of the quantity of content in terms of liquid measure.

3. The name of the frozen dessert or frozen dessert mix defined under the standards of identity of Part III of this chapter.

B. Where the frozen dessert or frozen dessert mix is not manufactured by the person whose name appears on the label, the label must identify the manufacturer by a code designation approved by the Commissioner of Agriculture and Consumer Services.

C. All labels must comply with the applicable requirements of 21 CFR Part 101 and any applicable requirements of 21 CFR Part 135.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 6.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part VII Inspection of Frozen Desserts Plants

2VAC5-510-440 Frequency, filing of inspection reports and confidentiality

A. Each frozen desserts plant shall be inspected by the State Regulatory Agency prior to the issuance of a permit. Following the issuance of a permit, each frozen desserts plant shall be inspected at least once every three months. Should the violation of any requirement set forth in Part VIII (2VAC5-510-450 et seq.) or Part X (2VAC5-510-480 et seq.) of this chapter be found on any inspection, a second inspection shall be required after the time deemed necessary to remedy the violation, but not before three days have passed. This second inspection shall determine compliance with the requirements of Part VIII and Part X. Any violation of the same requirement of Part VIII or Part X on such second inspection shall be cause for permit suspension according to Part V (2VAC5-510-420 et seq.) of this chapter, or court action, or both.

B. A copy of each inspection report shall be provided to the operator or other responsible person or be posted in a conspicuous place inside the establishment. This inspection report shall not be defaced and shall be made available to the State Regulatory Agency upon request. Every plant or frozen desserts establishment operator shall, upon request of the State Regulatory Agency, permit access of officially designated persons to all parts of the operator's plant, establishment, or facilities at any reasonable time to determine compliance with the provisions of this chapter.

C. It shall be unlawful for any person who in an official capacity obtains any information under the provisions of this chapter to use such information to that person's own advantage or to reveal it to any unauthorized person.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 7.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part VIII Product Test Procedures and Quality Requirements - The Examination of Frozen Desserts and Their Ingredients

2VAC5-510-450 Product test procedures and the examination of frozen desserts and their ingredients

A. At irregular intervals during any six month period, at least four samples of frozen desserts and pasteurized mix from each plant shall be taken and examined by the State Regulatory Agency. Samples of the frozen desserts or mix may be taken at any time prior to final delivery.

B. Frozen desserts and mixes imported and offered for sale in the Commonwealth of Virginia may be sampled and tested as deemed necessary for the State Regulatory Agency.

C. The products shall be tested in accordance with tests and examinations contained in Standard Methods for the Examination of Dairy Products or Official Methods of Analysis of AOAC International. A modified Roese-Gottlieb test, such as the Mojonnier or Dietert, may be used in making an official determination of the butterfat and total solids content of frozen dairy food products.

D. The bacterial quality of commingled milk and cream, and other dairy products for use in the manufacture of frozen desserts and mix, shall comply with Regulations Governing Milk for Manufacturing Purposes (2VAC5-531).

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 8.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-460 Maximum allowable microbiological and temperature limits for pasteurized dairy ingredients, pasteurized and unpasteurized mixes, and frozen desserts

Pasteurized⁵ mix, dairy ingredients, frozen desserts, and unpasteurized⁵ imitation mixes and imitation frozen desserts shall comply with the following standards:

| Bacteria Count | | | | | --- | --- | --- | --- | | | Standard Plate Count Not More Than¹ | Coliform Presence Not More Than¹ | Storage Temp. | | Milk | 50,000/ml | 10/ml | 45°F (7.2°C) | | Cream | 50,000/ml | 10/ml | 45°F (7.2°C) | | Fluid Dairy Ingredient | 50,000/ml | 10/ml | 45°F (7.2°C) | | Mix | 50,000/gr | 10/gr | 45°F (7.2°C)^{2, 3, 6} | | Frozen Dessert (plain) | 50,000/gr | 10/gr⁴ | | | ¹In three out of the last five consecutive samples taken by the State Regulatory Agency. ²This does not preclude holding mix at higher temperatures for a short period of time immediately prior to freezing where applicable to particular manufacturing or processing practices. ³This does not apply to sterilized mix in hermetically sealed containers. ⁴20/gr. for chocolate, fruit, nuts, or other bulky flavored frozen desserts. ⁵The phenol value shall be no greater than the minimum specified for the particular product, as determined by the phosphatase test of the latest edition of "Standard Methods." ⁶This does not apply to powder or dry frozen desserts mix. | | | |

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 8.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part IX Enforcement; Ice Cream and Frozen Desserts Bacteriological, Cooling and Pasteurization Standards

2VAC5-510-470 Written notices, removal of products from sale, and permit suspension

A. Whenever two of the last four consecutive bacteria counts, coliform determinations, or cooling temperatures taken on separate days exceed the limit of the standard for milk, cream, fluid dairy ingredients, frozen dessert mix, or frozen desserts, the State Regulatory Agency shall send a written notice of the exceedance to the person concerned. This notice shall be in effect so long as two of the last four consecutive samples exceed the limit of the standard. An additional sample of the product in violation shall be taken within 21 days of the sending of such notice, but not before the lapse of three days. Immediate suspension of permit or court action shall be instituted whenever the standard is violated by three of the last five bacteria counts, coliform determinations, or cooling temperatures.

B. The State Regulatory Agency may forgo suspension of the permit, provided that the products in violation are not sold or offered for sale.

C. Whenever a phosphatase test is positive, the cause shall be determined. Where the cause is improper pasteurization, it shall be corrected, and any product involved shall not be offered for sale.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 9.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part X Specifications for Permitted Frozen Dessert Plants Premises, Buildings, Facilities, Equipment and Utensils

2VAC5-510-480 Plant premises

The plant area and surroundings shall be kept clean, orderly and free from refuse and rubbish, smoke, excessive dust and air pollution, and strong or foul odors. A drainage system shall be provided for rapid drainage of all water from plant buildings, including surface water around the plant and on the premises.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 10.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987.

2VAC5-510-490 Building

A. Construction, maintenance, and plants.

1. Buildings shall be of sound construction. The exterior and interior shall be kept clean and in good repair to protect against dust, dirt, and mold and to prevent the entrance or harboring of insects, rodents, vermin, and other animals.

2. In processing areas, outside doors, windows, skylights, and transoms shall be screened or otherwise covered. Such outside doors shall not open inward and shall be self-closing, and doors leading to processing rooms shall be sound and tight fitting. Windowsills on new construction shall be sloping. Outside conveyor openings and other special type outside openings for sanitary pipelines shall be covered when not in use, and service-pipe openings shall be completely cemented around the pipe opening or have tight metal collars.

3. All rooms, compartments, coolers, freezers, and dry storage space in which any raw material packaging, ingredient supplies, or finished products are handled, processed, manufactured, packaged, or stored shall be designed and constructed to ensure clean and orderly operations. Rooms for receiving milk shall be separated from the processing area by a partition or suitable arrangement of equipment or facilities to avoid contamination of milk or dairy products. Boiler and tool rooms shall be separated from other rooms. Toilet and dressing rooms shall be conveniently located and shall not open directly into any room in which milk, dairy products, or ingredients are handled, processed, packaged, or stored. Doors of all toilet rooms shall be self-closing, and fixtures shall be kept clean and in good repair.

4. Plans for new plant construction or major remodeling of existing plants shall be submitted to the State Regulatory Agency for approval prior to such new construction or remodeling.

B. Interior finishing.

1. In all rooms in which milk or dairy products are received and processed and where mix and frozen desserts are manufactured, packaged, or stored (except dry storage of packaging materials), or in which equipment or utensils are washed, the walls, ceilings, partitions, and posts shall be smoothly finished with a washable material of light color that is substantially impervious to moisture. A wainscoting of a suitable material in a darker color may be used to a height not exceeding 60 inches from the floor.

2. The floors in these rooms shall be of concrete or other impervious material and shall be smooth, properly graded to drain, and have drains trapped, except that freezers used for storing frozen desserts, frozen fruits, frozen eggs, and comparable ingredients need not be provided with floor drains, but the floors shall be sloped to drain to one or more exits and shall be kept clean. The plumbing shall be installed to prevent backup of sewage into the plant. On new construction or extensive remodeling, the floors shall be joined and coved with the walls to form watertight joints. Sound, smooth, wood floors may be used in certain packaging rooms where the nature of the product permits. Toilet and dressing rooms shall have impervious floors and smooth walls.

C. Ventilation and lighting.

1. All rooms and compartments, including storage space and toilet and dressing rooms, shall be ventilated to maintain sanitary conditions, prevent undue condensation of water vapor, and minimize or eliminate objectionable odors.

2. Lighting, whether natural or artificial, shall be of good quality and well distributed in all rooms and compartments. All rooms where milk, dairy products, or mix and frozen desserts are handled, processed, manufactured, or packaged, or where equipment or utensils are washed, shall have at least 30 foot-candles of light intensity on all working surfaces; areas where dairy products are examined for condition and quality, at least 50 foot-candles of light intensity; and all other rooms, at least five foot-candles of intensity measured 30 inches above the floor. Light bulbs and fluorescent tubes shall be protected against breakage.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 10.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-500 Facilities

A. Water supply.

1. Both hot and cold water of safe and sanitary quality shall be available in sufficient quantity for all plant operations and facilities. Water from other lines, when officially approved, may be used for boiler feed water and condenser water if such water lines are completely separated from the water lines carrying the sanitary water supply and if the equipment is constructed and controlled to prevent contamination of any product or product contact surface. There shall be no cross-connections between safe and unsafe water lines or between private and public supply.

2. Bacteriological examination shall be made of the plant private water supply at least once every six months by the appropriate State Regulatory Agency to determine purity and safety for use in processing or manufacturing dairy products.

3. The results of all plant private water supply tests shall be kept on file at the plant for at least one year. Public water supply tests shall be made available to the State Regulatory Agency if requested.

B. Employee facilities.

1. In addition to toilet and dressing rooms, the plant shall provide the following employee facilities:

a. A locker or other suitable facility for each employee;

b. Hand washing facilities, including hot and cold running water under pressure and connected to the sewage system; soap or other detergents; and single service towels or an approved hand drying device where necessary for the cleanliness of all personnel handling products; and

c. Self-closing containers for used towels and other wastes.

2. A durable, legible sign shall be posted conspicuously in each toilet and dressing room directing employees to wash their hands before returning to work.

C. Steam. Steam shall be supplied in sufficient volume and pressure for satisfactory operation of each applicable piece of equipment. Steam that may come into direct contact with milk or dairy products shall be culinary steam. Culinary steam shall comply with the 3-A Accepted Practices, "Method of Producing Steam of Culinary Quality," Number 609-03 (3-A Sanitary Standards, Incorporated, adopted November 21, 2004).

D. Disposal of wastes. The plant sewage system shall have sufficient slope and capacity to remove readily all waste from processing operations. Where a public sewer is not available, wastes shall be disposed of by methods approved by the State Regulatory Agency. Containers for the collection and holding of wastes shall be constructed of metal or other equally impervious material, kept covered with tight-fitting lids, and placed outside the plant on a concrete slab or on a rack raised at least 12 inches; however, waste containers may be kept inside a suitable enclosed, clean, and fly-proof room. Solid wastes shall be disposed of regularly in an approved manner, and the containers cleaned before reuse.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 10.3, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-505 Rooms used for domestic purposes

A. No facility, equipment, storage, or processing area that requires inspection may be accessed through any room used for domestic purposes or part of any room used for domestic purposes.

B. A toilet room used for domestic purposes shall be approved as complying with the requirements of this chapter only if (i) the toilet room is located within 300 feet of the processing facility and (ii) all labor utilized in the processing facility is provided by the permit holder's immediate family.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-510 Equipment and utensils

A. Construction and installation.

1. New equipment shall meet applicable 3-A Sanitary Standards. Equipment and utensils coming in contact with milk, dairy products, mix, or frozen desserts, including sanitary pumps, piping, fittings, and connections, shall be constructed of stainless steel or other equally corrosion-resistant and easily cleanable material. Where the use of stainless steel is not practicable, or in old equipment, other properly coated or plated metals may be approved temporarily. Nonmetallic parts having product contact surfaces shall be of materials that meet 3-A Sanitary Standards, "Multiple-Use Rubber and Rubber-Like Materials Used as Product Contact Surfaces in Dairy Equipment," Number 18-03 (3-A Sanitary Standards, Incorporated, effective August 21, 1999), and "Multiple-Use Plastic Materials Used as Product Contact Surfaces for Dairy Equipment," Number 20-27 (3-A Sanitary Standards, Incorporated, effective July 7, 2011).

2. Bulk storage and distribution equipment for handling liquid sweetening agents shall consist of suitable metals, alloys, or other materials that will withstand corrosive action by the ingredient, and the equipment and ingredients shall be protected from contamination.

3. All equipment and piping shall be designed and installed to be easily accessible for cleaning and shall be kept in good repair and free from cracks and corroded surfaces. Milk pumps shall be of a sanitary type and easily dismantled for cleaning or shall be of specifically approved construction to allow cleaning in place. New or rearranged equipment shall be set away from any wall or spaced in such a manner as to facilitate proper cleaning and to maintain good housekeeping. All parts or interior surfaces or equipment, pipes (except certain piping cleaned in place), or fittings, including valves and connections, shall be accessible for inspection. Cleaned-in-place sanitary piping and welded sanitary pipeline systems will be acceptable if properly engineered and installed according to 3-A Accepted Practices, "Permanently Installed Product and Solution Pipelines and Cleaning Systems Used in Milk and Milk Product Processing Plants," Number 605-04 (3-A Sanitary Standards, Incorporated, effective August 20, 1994).

B. Pasteurization equipment.

1. Pasteurization equipment shall comply with 3-A Accepted Practices, "Sanitary Construction, Installation, Testing, and Operation of High Temperature Short-Time and Higher-Heat Shorter-Time Pasteurizer Systems," Number 603-07 (3-A Sanitary Standards, Incorporated, effective November 21, 2005) and 3-A Sanitary Standards, "Non-Coiled Type Batch Pasteurizers for Milk and Milk Products," Number 24-03 (3-A Sanitary Standards, Incorporated, effective July 16, 2010).

2. Heat treatment equipment used to reach temperatures higher than commonly used for pasteurization shall comply with appropriate sanitary construction and operating procedures approved by the State Regulatory Agency.

3. Whenever it is necessary to break a seal on pasteurization equipment, this equipment shall be properly adjusted and placed in correct operation immediately. The breaking of the seal and the adjustment made shall be reported immediately to the State Regulatory Agency in order that the equipment can be officially checked and resealed.

C. Cleaning and sanitizing.

1. Equipment, sanitary piping, and utensils used in receiving, storing, processing, manufacturing, packaging, and handling milk, dairy products, mix, or frozen desserts, and all product contact surfaces of homogenizers, high-pressure pumps, and high-pressure lines shall be kept clean.

2. The packing glands on all agitators, pumps, and vats shall be inspected at regular intervals and kept clean.

3. After being cleaned and immediately before use, all equipment coming in contact with milk, dairy products, or mix or frozen desserts shall have an effective bactericidal or sanitizing treatment.

4. Before use, equipment not designed for CIP cleaning shall have been disassembled and thoroughly cleaned and sanitized. Dairy cleaners, wetting agents, detergents, sanitizing agents, or other similar material may be used that will not contaminate or adversely affect dairy products. Steel wool or metal sponges shall not be used in the cleaning of any dairy equipment or utensils.

5. CIP cleaning shall be used only on equipment and pipeline systems that are designed and engineered for that purpose. Installation and cleaning procedures shall comply with 3-A Accepted Practices, "Permanently Installed Product and Solution Pipelines and Cleaning Systems Used in Milk and Milk Processing Plants," Number 605-04 (3-A Sanitary Standards, Incorporated, effective August 20, 1994). An outline of the cleaning procedures to be followed shall be posted near the CIP equipment.

6. Applicable equipment and areas in the plant shall be thoroughly vacuumed regularly with a heavy-duty industrial vacuum cleaner. The material picked up shall be disposed of in a manner to destroy any insects present.

7. Exhaust stacks, elevators, and conveyors shall be inspected at regular intervals and kept clean.

8. Storage or holding tanks used to store milk, milk products, frozen desserts, or frozen desserts mix shall be cleaned and sanitized when empty and shall be emptied at least every 72 hours.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 10.4, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 24, Issue 17, eff. June 12, 2008; Volume 41, Issue 10, eff. February 13, 2025.

Part XI Vehicles; Reconstitution of Powder or Dry Frozen Desserts Mix

2VAC5-510-520 Vehicles

A. A vehicle used to transport mix, frozen desserts, cream, milk, or dairy products shall be constructed and operated to protect the vehicle's contents from heat, sun, and contamination. The vehicle shall be kept clean, and no substance capable of contaminating mix, frozen desserts, cream, milk, or dairy products shall be transported in the vehicle. A vehicle transporting frozen desserts or mix to wholesale shall have the name of the distributor prominently displayed on the vehicle.

B. A covered or enclosed dock for loading, unloading, and washing tank trucks, and other facilities shall be available at all plants that receive or ship milk, fluid dairy ingredients, or frozen desserts mix in tanks. A plant shall provide approved equipment when deemed necessary by the State Regulatory Agency to prevent contamination of products while being loaded or unloaded in tank trucks.

C. Milk transport tanks, sanitary piping, fittings, and pumps shall be cleaned and sanitized after each use. Tanks and equipment shall be washed promptly after use and sanitized before use. After being washed and sanitized, each tank shall be identified by a tag that is attached to the outlet valve and that states the following information: (i) plant and specific location where cleaned, (ii) date and time of day of washing and sanitizing, and (iii) name of persons who washed and sanitized the tank. The tag shall not be removed until the tank is again washed and sanitized.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 11.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-530 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 11.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-540 Frozen desserts plants that reconstitute powder or dry frozen desserts mix

A. Powder or dry frozen desserts mix shall be reconstituted with potable water in one of the following ways:

1. If the frozen desserts plant possesses and uses a mechanical means capable of cooling the reconstituted mix to 45°F (7.2°C) within four hours, cold tap water may be used.

2. If the frozen desserts plant does not possess or use a mechanical means capable of cooling the reconstituted mix to 45°F (7.2°C) within four hours, only potable water at a temperature of 40°F (4.4°C) or below shall be used.

B. Powder or dry frozen desserts mix is not required to be repasteurized after being reconstituted with water.

C. Powder or dry frozen desserts mix may be reconstituted with pasteurized milk at a temperature of 40°F (4.4°C) or below.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 11.3, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part XII Plant Operations

2VAC5-510-550 Pasteurization of frozen dessert mix

A. Except for flavoring ingredients, the entire mix shall be pasteurized after formulation. A frozen dairy dessert mix must be repasteurized at the receiving plant before being offered for sale, unless the State Regulatory Agency grants permission for the frozen dairy dessert mix to be sold without repasteurization. Pasteurized mix or frozen desserts shall not be permitted to come in contact with equipment or containers with which unpasteurized mix, frozen desserts, milk, or milk products have been in contact, unless such equipment has first been properly washed and sanitized.

B. All milk, milk products, eggs, egg products, cocoa, cocoa products, emulsifiers, stabilizers, vitamins, and liquid sweeteners shall be added to the frozen dessert before it is pasteurized, except when:

1. The frozen desserts plant demonstrates to the State Regulatory Agency's satisfaction that the addition of these ingredients prior to pasteurization will negatively impact the ability to produce the product or the quality of the product;

2. The frozen desserts plant maintains records that demonstrate to the State Regulatory Agency's satisfaction the science proving that the ingredients that are added after pasteurization are safe and suitable; and

3. The ingredients are safely and sanitarily added to the frozen dessert product.

C. Flavoring and coloring ingredients may be added after pasteurization when:

1. The ingredient has been subjected to a prior heat treatment sufficient to destroy pathogenic microorganisms;

2. The ingredient has 0.85% water activity (a_wof 0.85) or less when the water activity is calculated by dividing the water vapor pressure of the ingredient by the vapor pressure of pure water when at the same temperature as the ingredient;

3. The ingredient has a high acid content (pH level of 4.6 or below when measured at 75°F (23.9°C)) or high alkalinity (pH level greater than 11 when measured at 75°F (23.9°C));

4. The ingredient's alcohol content is sufficient to ensure that pathogenic microorganisms will not be transferred to the final product;

5. The ingredient consists of safe and suitable bacterial cultures or enzymes;

6. The ingredient is dry sugar or salt; or

7. The ingredient is subjected to any process acceptable to the State Regulatory Agency that will ensure that the ingredient is free of pathogenic microorganisms.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 12.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025; Errata, 41:9 VA.R. 2200 May 5, 2025.

2VAC5-510-560 Cooling

After heat treatment or pasteurization, processed fluid milk products, including mix except for sterilized mix in hermetically sealed containers, shall be cooled promptly to 45°F (7.2°C) or lower and maintained at that temperature until used, provided that storage or holding tanks used to store milk, milk products, frozen desserts, or frozen desserts mix shall be cleaned and sanitized when empty and shall be emptied at least every 72 hours. Fluid milk products may be held at higher temperatures for a short time immediately prior to freezing when applicable to particular manufacturing or processing practices.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 12.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-570 Storage

A. Utensils and portable equipment used in processing operations shall be stored above the floor in clean, dry locations, and in self-draining positions on racks constructed of impervious, corrosion-resistant material.

B. Dripped or spilled products or ingredients shall not be sold for human consumption.

C. Dairy products, mix, or frozen dessert ingredients in dry storage shall be arranged in aisles, rows, sections, or lots, or in such other manner as to be orderly and easily accessible for inspection and to permit adequate cleaning of the room. Dunnage or pallets shall be used when appropriate. Dairy products, mix, or frozen dessert ingredients shall not be stored with any product that would damage or impair the quality of the product. Open containers shall be carefully protected from contamination.

D. All products requiring refrigeration, except where otherwise specified, shall be stored under optimum temperatures and humidity to maintain quality and condition. Products shall not be placed directly on wet floors, exposed to foreign odors, or subjected to conditions, such as dripping or condensation, that might cause package or product damage.

E. Items in storage rooms shall be kept clean and protected and be arranged to permit inspection of supplies and cleaning and spraying of the room. Insecticides and rodenticides shall be properly labeled, segregated, and stored in a separate room or cabinet away from milk or dairy products or packaging supplies. Caps, parchment papers, wrappers, liners, gaskets, and single service sticks, spoons, covers, and containers for frozen desserts, mix or their ingredients shall (i) be purchased and stored only in sanitary tubes, wrappings, or cartons; (ii) be kept in a clean, dry place until used; and (iii) be handled in a sanitary manner.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 12.3, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-580 Packaging and labeling

Frozen desserts and mix shall be packaged in commercially acceptable containers made of packaging material that will protect the quality of the contents in regular channels of trade. Metal containers shall be free from rust, cracks, or unsanitary conditions. Prior to use, closures, covers, wrappers, and containers shall be protected against dust, mold, and other possible contamination. The packaging, cutting, molding, dispensing, and other handling or preparation of mix or frozen desserts and their ingredients shall be done in a sanitary manner.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 12.4, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987.

2VAC5-510-590 Returns

Mix or frozen desserts in broken, opened or partially full containers may be returned to the plant for inspection after delivery, but shall not be sold or used for making mix or frozen desserts.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 12.5, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987.

2VAC5-510-600 Lubricants

Lubricants approved for use on milk product contact surfaces that are applied to filling machine pistons, cylinders, pumps, and valves shall be approved for food-grade use and applied in a sanitary manner.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 12.6, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part XIII Personnel Cleanliness and Health

2VAC5-510-610 Cleanliness

A. Plant employees shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or otherwise soiling their hands. Plant employees shall keep their hands clean and follow good hygienic practices while on duty. Expectorating or use of tobacco in any form shall be prohibited in rooms and compartments where milk, dairy products, mix, or frozen desserts are unpacked or exposed. Clean white or light colored washable outer-garments and adequate hair restraints shall be worn by all persons engaged in processing milk, dairy products, mix, or frozen desserts.

B. Employees engaged in manual molding, wrapping, and touching any product contact surface shall wash their hands with hot, soapy water and dry their hands with single-use paper towels or an approved hand drying device before beginning such work and after each interruption. Disposable, single-use rubber or plastic gloves may be used.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 13.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-620 Health

A. No person who is affected with any disease in a communicable form or who is a carrier of a communicable disease may work at any frozen desserts plant in any capacity that would bring the person in contact with the production, handling, storage, or transportation of milk, milk products, other frozen dessert ingredients, frozen desserts, or frozen desserts mix containers, equipment, or utensils. No person who has a discharging or infected wound, sore, or lesion on hands, arms, or other exposed portions of the body shall work in any plant processing or packaging rooms or in any other capacity resulting in contact with milk, dairy products, mix, or frozen dessert.

B. An employee returning to work following illness from a communicable disease shall have a certificate from the employee's attending physician to establish proof of complete recovery.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 13.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

Part XIV Records Required to be Kept by Plants

2VAC5-510-630 Availability

A plant shall, at reasonable times, make available for examination by the State Regulatory Agency all records that this chapter and 21 CFR Part 117 Subpart C, if applicable, require the plant to maintain.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 14.1, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-640 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 14.2, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-650 Pasteurization, temperature, and CIP recorder charts

Recorder charts showing the pasteurization record for each day shall be appropriately marked with the name of the product for each batch, date, time, and signature of the operator, and the markings made by the recording device shall not overlap. Recorder charts showing the CIP record for each day shall be appropriately marked, and the markings made by the recording device shall not overlap. Temperature recording charts shall be labeled with the name of the product for each batch, date, time, and signature of the operator, and the markings made by the recording device shall not overlap. Charts shall be kept on file at the plant for at least six months. Electronic records or records in a format designated by the State Regulatory Agency may be used in lieu of recording charts with prior State Regulatory Agency approval.

History

• Statutory Authority: §§ 3.2-5201 and 3.2-5212 of the Code of Virginia.
• Historical Notes: Derived from VR115-05-03 § 14.3, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-510-660 (Repealed.)

History

• Historical Notes: Derived from VR115-05-03 § 14.4, eff. December 11, 1985; amended, Virginia Register Volume 3, Issue 10, eff. March 18, 1987; repealed, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

Chapter 585 Retail Food Establishment Regulations

Article 1 Title, Intent, Scope

2VAC5-585-10 Retail food establishment regulations

These provisions shall be known as the Retail Food Establishment Regulations hereinafter referred to as "this regulation." This regulation shall not apply to farmers selling their own farm-produced products directly to consumers for their personal use, whether such sales occur on such farmer's farm or at a farmers' market.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-15 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-20 Food safety, illness prevention, and honest presentation

The purpose of this chapter is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-30 Statement

This chapter establishes definitions; sets standards for management and personnel, food operations, and equipment and facilities; and provides for inspection, food establishment plan review, and employee restriction.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

Article 2 Definitions

2VAC5-585-40 Definitions

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 conforming to national standards for organizations that certify individuals. "Accredited program" refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, recertification, discipline, and grievance procedures; and test development and administration. "Accredited program" does not refer to training functions or educational programs.

"Additive" means either a (i) "food additive" having the meaning stated in the Federal Food, Drug, and Cosmetic Act, 21 USC § 321(s) and 21 CFR 170.3(e)(1) or (ii) "color additive" having the meaning stated in the Federal Food, Drug, and Cosmetic Act, 21 USC § 321(t) and 21 CFR 70.3(f).

"Adulterated" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, 21 USC § 342.

"Approved" means acceptable to the department based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.

"Approved water system" means a permitted waterworks constructed, maintained, and operated pursuant to 12VAC5-590 or a private well constructed, maintained, and operated pursuant to 12VAC5-630.

"Asymptomatic" means without obvious symptoms; not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice. "Asymptomatic" includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested.

"A_w" means water activity that is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol A_w.

"Balut" means an embryo inside a fertile egg that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching.

"Beverage" means a liquid for drinking, including water.

"Bottled drinking water" means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.

"Casing" means a tubular container for sausage products made of either natural or artificial (synthetic) material.

"Certification number" means the unique identification number issued by a shellfish control authority to each dealer for each location. Each certification number shall consist of a one-digit to five-digit Arabic numeral preceded by the two-letter state abbreviation and followed by a two-letter abbreviation for each type of activity the dealer is qualified to perform in accordance with the provisions of the National Shellfish Sanitation Program using the terms in Tables A and B:

| Table A. Certifications | | | --- | --- | | Acronym | Term | | SP | Shucker-packer | | RP | Repacker | | SS | Shellstock shipper | | RS | Reshipper | | DP | Depuration processor |

| Table B. Permits | | | --- | --- | | Acronym | Term | | PHP | Post-harvest processing | | AQ | Aquaculture | | WS | Wet storage |

"CFR" means Code of Federal Regulations. Citations in this chapter to the CFR refer sequentially to the title, part, and section numbers. For example, 40 CFR 180.194 refers to Title 40, Part 180, Section 194.

"CIP" means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine. "CIP" does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system.

"Commingle" means the act of combining different lots of shellfish.

"Comminuted" means reduced in size by methods including chopping, flaking, grinding, or mincing. "Comminuted" includes (i) fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage and (ii) a mixture of two or more types of meat that have been reduced in size and combined, such as sausages made from two or more meats.

"Commissioner" means the Commissioner of Agriculture and Consumer Services, his duly designated officer, or his agent.

"Conditional employee" means a potential food employee to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed to identify potential food employees who may be suffering from a disease that can be transmitted through food and done in compliance with Title 1 of the Americans with Disabilities Act of 1990.

"Confirmed disease outbreak" means a foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness.

"Consumer" means a person who is a member of the public, takes possession of food, is not functioning in the capacity of a permit holder or an operator of a food processing plant, and does not offer the food for resale.

"Core item" means a provision in this chapter that is not designated as a priority item or a priority foundation item. "Core item" includes an item that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance.

"Corrosion-resistant materials" means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.

"Counter-mounted equipment" means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.

"Critical control point" means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.

"Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.

"Cut leafy greens" means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. The term "leafy greens" includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e., immature lettuce or leafy greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula, and chard. The term "leafy greens" does not include herbs such as cilantro or parsley.

"Dealer" means a person who is authorized by a shellfish control authority for the activities of a shellstock shipper, shucker-packer, repacker, reshipper, or depuration processor of molluscan shellfish according to the provisions of the National Shellfish Sanitation Program.

"Department" means the Virginia Department of Agriculture and Consumer Services.

"Disclosure" means a written statement that clearly identifies the animal-derived foods that are or can be ordered raw, undercooked, or without otherwise being processed to eliminate pathogens, or items that contain an ingredient that is raw, undercooked, or without otherwise being processed to eliminate pathogens.

"Dry storage area" means a room or area designated for the storage of packaged or containerized bulk food that is not time/temperature control for safety food and dry goods such as single-service items.

"Easily cleanable" means a characteristic of a surface that:

1. Allows effective removal of soil by normal cleaning methods;

2. Is dependent on the material, design, construction, and installation of the surface; and

3. Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use.

"Easily cleanable" includes a tiered application of the criteria that qualify the surface as easily cleanable as specified in this definition to different situations in which varying degrees of cleanability are required, such as:

1. The appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining; or

2. The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.

"Easily movable" means:

1. Portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and

2. Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.

"Egg" means the shell egg of avian species, such as chicken, duck, goose, guinea, quail, ratites, or turkey. "Egg" does not include a balut, egg of the reptile species such as alligator, or an egg product.

"Egg product" means all, or a portion of, the contents found inside eggs separated from the shell and pasteurized in a food processing plant, with or without added ingredients, intended for human consumption, such as dried, frozen, or liquid eggs. "Egg product" does not include food that contains eggs only in a relatively small proportion, such as cake mixes.

"Employee" means the permit holder, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food establishment.

"EPA" means the U.S. Environmental Protection Agency.

"Equipment" means an article that is used in the operation of a food establishment, such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine. "Equipment" does not include apparatuses used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.

"Exclude" means to prevent a person from working as an employee in a food establishment or entering a food establishment as an employee.

"FDA" means the U.S. Food and Drug Administration.

"Fish" means fresh or saltwater finfish, crustaceans, other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, if such animal life is intended for human consumption; and includes an edible human food product derived in whole or in part from fish, including fish that has been processed in any manner.

"Food" means (i) a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption or (ii) chewing gum.

"Foodborne disease outbreak" means the occurrence of two or more cases of a similar illness resulting from the ingestion of a common food.

"Food-contact surface" means a surface of equipment or a utensil with which food normally comes into contact, or a surface of equipment or a utensil from which food may drain, drip, or splash into a food, or onto a surface normally in contact with food.

"Food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

"Food establishment" means an operation that (i) stores, prepares, packages, serves, vends food directly to the consumer, or otherwise provides food for human consumption such as a market, restaurant, satellite or catered feeding location, catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people, vending location, conveyance used to transport people, institution, or food bank and (ii) relinquishes possession of a food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.

"Food establishment" includes (i) an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or satellite feeding location is inspected by the regulatory authority and (ii) an operation that is conducted in a mobile, stationary, temporary, or permanent facility or location where consumption is on or off the premises.

"Food establishment" does not include:

1. An establishment that offers only prepackaged foods that are not time/temperature control for safety foods;

2. A produce stand that only offers whole, uncut fresh fruits and vegetables;

3. A food processing plant, including those that are located on the premises of a food establishment;

4. A food warehouse;

5. A kitchen in a private home; or

6. A private home that receives catered or home delivered food.

"Food processing plant" means a commercial operation that manufactures, packages, labels, or stores food for human consumption and provides food for sale or distribution to other business entities such as food processing plants or food establishments. "Food processing plant" does not include a "food establishment."

"Game animal" means an animal, the products of which are food, that is not classified as (i) livestock, sheep, swine, goat, horse, mule, or other equine in 9 CFR 301.2; (ii) poultry; or (iii) fish. "Game animal" includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes. "Game animal" does not include ratites.

"General use pesticide" means a pesticide that is not classified by EPA for restricted use as specified in 40 CFR 152.175.

"Grade A standards" means the requirements of the Grade "A" Pasteurized Milk Ordinance, 2017 Revision (U.S. Food and Drug Administration) with which certain fluid and dry milk and milk products comply.

"HACCP plan" means a written document that delineates the formal procedures for following the Hazard Analysis and Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.

"Handwashing sink" means a lavatory, a basin or vessel for washing, a wash basin, or a plumbing fixture especially placed for use in personal hygiene and designed for the washing of hands. "Handwashing sink" includes an automatic handwashing facility.

"Hazard" means a biological, chemical, or physical property that may cause an unacceptable consumer health risk.

"Health practitioner" means a physician licensed to practice medicine, or if allowed by law, a nurse practitioner, physician assistant, or similar medical professional.

"Hermetically sealed container" means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low-acid canned foods, to maintain the commercial sterility of its contents after processing.

"Highly susceptible population" means persons who are more likely than other people in the general population to experience foodborne disease because they are (i) immunocompromised; preschool age children, or older adults; and (ii) obtaining food at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center.

"Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries, and the nature, severity, and duration of the anticipated injury.

"Injected" means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as "injecting," "pump marinating," or "stitch pumping."

"In-shell product" means nonliving, processed shellfish with one or both shells present.

"Intact meat" means a cut of whole muscle meat that has not undergone comminution, vacuum tumbling with solutions, mechanical tenderization, reconstruction, cubing, or pounding.

"Juice" means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purées of the edible portions of one or more fruits or vegetables, or any concentrate of such liquid or purée. "Juice" does not include, for purposes of HACCP, liquids, purées, or concentrates that are not used as beverages or ingredients of beverages.

"Kitchenware" means food preparation and storage utensils.

"Law" means applicable local, state, and federal statutes, regulations, and ordinances.

"Linens" means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments, including cloth gloves.

"Major food allergen" means milk, egg, fish (such as bass, flounder, cod, and including crustacean shellfish such as crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, soybeans, and sesame; or a food ingredient that contains protein derived from one of these foods. "Major food allergen" does not include (i) any highly refined oil derived from a major food allergen in this definition and any ingredient derived from such highly refined oil or (ii) any ingredient that is exempt under the petition or notification process specified in the Food Allergen Labeling and Consumer Protection Act of 2004 (P.L. 108-282).

"Meat" means the flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish, poultry, and wild game animals as specified under 2VAC5-585-330 A 2 and 3.

"Mechanically tenderized" means manipulating meat by piercing with a set of needles, pins, blades, or any mechanical device that breaks up muscle fiber and tough connective tissue to increase tenderness. This includes injection, scoring, and processes that may be referred to as "blade tenderizing," "jaccarding," "pinning," or "needling."

"mg/L" means milligrams per liter, which is the metric equivalent of parts per million (ppm).

"Mobile food establishment" means a food establishment mounted on wheels, excluding boats in the water, that is readily movable from place to place at all times during operation and includes pushcarts, trailers, trucks, or vans. The unit, all operations, and all equipment must be integral to and be within or attached to the unit.

"Molluscan shellfish" means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle. Molluscan shellfish includes shellstock, shucked shellfish, and in-shell products.

"Noncontinuous cooking" means the cooking of food in a food establishment using a process in which the initial heating of the food is intentionally halted so that it may be cooled and held for complete cooking at a later time prior to sale or service. "Noncontinuous cooking" does not include cooking procedures that only involve temporarily interrupting or slowing an otherwise continuous cooking process.

"Packaged" means bottled, canned, cartoned, bagged, or wrapped, whether packaged in a food establishment or a food processing plant. "Packaged" does not include wrapped or placed in a carry-out container to protect the food during service or delivery to the consumer, by a food employee, upon consumer request.

"Permit" means the document issued by the department that authorizes a person to operate a food establishment.

"Permit holder" means the entity that:

1. Is legally responsible for the operation of the food establishment, such as the owner, the owner's agent, or other person; and

2. Possesses a valid permit to operate a food establishment.

"Person" means an association, a corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.

"Person in charge" means the individual present at a food establishment who is responsible for the operation at the time of inspection.

"Personal care items" means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person's health, hygiene, or appearance. "Personal care items" include items such as medicines, first aid supplies, and other items such as cosmetics and toiletries such as toothpaste and mouthwash.

"pH" means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7.0 indicate acidity and values between 7.0 and 14 indicate alkalinity. The value for pure distilled water is 7.0, which is considered neutral.

"Physical facilities" means the structure and interior surfaces of a food establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.

"Plumbing fixture" means a receptacle or device that is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system or discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.

"Plumbing system" means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water-treating equipment.

"Poisonous or toxic materials" means substances that are not intended for ingestion and are included in five categories:

1. Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;

2. Pesticides, except sanitizers, which include substances such as insecticides and rodenticides;

3. Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items that may be deleterious to health;

4. Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints; and

5. Restricted-use pesticides.

"Potable water" means water fit for human consumption that is obtained from an approved water supply and that is (i) sanitary and normally free of minerals, organic substances, and toxic agents in excess of reasonable amounts and (ii) adequate in quantity and quality for the minimum health requirements of the person served. Potable water is traditionally known as drinking water and excludes such nonpotable forms as boiler water, mop water, rainwater, wastewater, and nondrinking water.

"Poultry" means any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites, or squabs), whether live or dead, as defined in 9 CFR 381.1 and any migratory waterfowl, game bird, pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined in 9 CFR 362.1.

"Premises" means the physical facility, its contents, and the contiguous land or property under the control of the permit holder or the physical facility, its contents, and the land or property not described above if its facilities and contents are under the control of the permit holder and may impact food establishment personnel, facilities, or operations, and a food establishment is only one component of a larger operation.

"Primal cut" means a basic major cut into which carcasses and sides of meat are separated, such as a beef round, pork loin, lamb flank, or veal breast.

"Priority foundation item" means a provision in this chapter whose application supports, facilitates, or enables one or more priority items. "Priority foundation item" includes an item that requires the purposeful incorporation of specific actions, equipment, or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or recordkeeping, and labeling and is denoted in this chapter with a superscript "Pf," which looks like this: ^Pf.

"Priority item" means a provision in this chapter whose application contributes directly to the elimination, prevention, or reduction to an acceptable level of hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard. "Priority item" includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, and handwashing and is denoted in this chapter with a superscript "P," which looks like this: ^P.

"Private well" means any water well constructed for a person on land that is owned or leased by that person and is usually intended for household, groundwater source heat pump, agricultural use, industrial use, or other nonpublic water well.

"Pure water" means potable water fit for human consumption that is (i) sanitary and normally free of minerals, organic substances, and toxic agents in excess of reasonable amounts and (ii) adequate in quantity and quality for the minimum health requirements of the persons served.

"Ratite" means a flightless bird such as an emu, ostrich, or rhea.

"Ready-to-eat food" means food that:

1. (i) Is in a form that is edible without additional preparation to achieve food safety, as specified under 2VAC5-585-700 A, B, and C; 2VAC5-585-710; or 2VAC5-585-730; (ii) is a raw or partially cooked animal food and the consumer is advised as specified under 2VAC5-585-700 D 1 and D 3; or (iii) is prepared in accordance with a variance that is granted as specified under 2VAC5-585-700 D 4; and

2. May receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes.

"Ready-to-eat food" includes:

1. Raw animal food that is cooked as specified under 2VAC5-585-700 or 2VAC5-585-710, or frozen as specified under 2VAC5-585-730;

2. Raw fruits and vegetables that are washed as specified under 2VAC5-585-510;

3. Plant food that is cooked for hot holding as specified under 2VAC5-585-720;

4. All time/temperature control for safety food that is cooked to the temperature and time required for the specific food under Article 4 (2VAC5-585-700 et seq.) of Part III of this chapter and cooled as specified in 2VAC5-585-800;

5. Plant food for which further washing, cooking, or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present, are removed;

6. Substances derived from plants such as spices, seasonings, and sugar;

7. A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not required for food safety;

8. The following products that are produced in accordance with USDA guidelines and that have received a lethality treatment for pathogens: dry, fermented sausages, such as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto ham, country cured ham, and Parma ham; and dried meat and poultry products, such as jerky or beef sticks; and

9. Food manufactured as specified in 21 CFR Part 113.

"Ready-to-eat food" does not include:

1. Commercially packaged food that bears a manufacturer's cooking instructions; or

2. Food for which the manufacturer has provided information that the food has not been processed to control for pathogens.

"Reduced oxygen packaging" means (i) the reduction of the amount of oxygen in a package by removing oxygen; displacing oxygen and replacing it with another gas or combination of gases; or otherwise controlling the oxygen content to a level below that normally found in the atmosphere (approximately 21% at sea level); and (ii) a process as specified in clause (i) of this definition that involves a food for which the hazards Clostridium botulinum or Listeria monocytogenes require control in the final packaged form.

"Reduced oxygen packaging" includes:

1. Vacuum packaging, in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package;

2. Modified atmosphere packaging, in which the atmosphere of a package of food is modified so that its composition is different from air, but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes reduction in the proportion of oxygen, total replacement of oxygen, or an increase in the proportion of other gases such as carbon dioxide or nitrogen;

3. Controlled atmosphere packaging, in which the atmosphere of a package of food is modified so that until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained, such as by using oxygen scavengers or a combination of total replacement of oxygen, nonrespiring food, and impermeable packaging material;

4. Cook chill packaging, in which cooked food is hot filled into impermeable bags that are then sealed or crimped closed. The bagged food is rapidly chilled and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens; or

5. Sous vide packaging, in which raw or partially cooked food is vacuum packaged in an impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens.

"Refuse" means solid waste not carried by water through the sewage system.

"Regulatory authority" means a local, state, or federal enforcement body or its authorized representative having jurisdiction over the food establishment.

"Reminder" means a written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens.

"Reservice" means the transfer of food that is unused and returned by a consumer after being served or sold and in the possession of the consumer, to another person.

"Restrict" means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils, linens, or unwrapped single-service or single-use articles.

"Restricted egg" means any check, dirty egg, incubator reject, inedible, leaker, or loss as defined in 9 CFR Part 590.

"Restricted use pesticide" means a pesticide product that contains the active ingredients specified in 40 CFR 152.175 and that is limited to use by or under the direct supervision of a certified applicator.

"Risk" means the likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.

"Safe material" means an article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food; an additive that is used as specified in § 409 of the Federal Food, Drug, and Cosmetic Act (21 USC § 348); or other materials that are not additives and that are used in conformity with applicable regulations of the Food and Drug Administration.

"Sanitization" means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a 5-log reduction, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.

"Sealed" means free of cracks or other openings that allow the entry or passage of moisture.

"Service animal" means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.

"Servicing area" means an operating base location to which a mobile food establishment or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.

"Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution. "Sewage" includes water-carried and non-water-carried human excrement or kitchen, laundry, shower, bath, or lavatory waste separately or together with such underground surface, storm, or other water and liquid industrial wastes as may be present from residences, buildings, vehicles, industrial establishments, or other places.

"Shellfish control authority" means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce.

"Shellstock" means live molluscan shellfish in the shell.

"Shiga toxin-producing Escherichia coli" or "STEC" means any E. coli capable of producing Shiga toxins (also called verocytotoxins). STEC infections can be asymptomatic or may result in a spectrum of illness ranging from mild nonbloody diarrhea to hemorrhagic colitis (i.e., bloody diarrhea) to hemolytic uremic syndrome (HUS), which is a type of kidney failure. Examples of serotypes of STEC include: E. coli O157:H7, E. coli O157:NM, E. coli O26:H11, E. coli O145:NM, E. coli O103:H2, and E. coli O111:NM. STEC are sometimes referred to as VTEC (verocytotoxigenic E. coli) or as EHEC (enterohemorrhagic E. coli). EHEC are a subset of STEC that can cause hemorrhagic colitis or HUS.

"Shucked shellfish" means molluscan shellfish that have both shells removed.

"Single-service articles" means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use after which they are intended for discard.

"Single-use articles" means utensils and bulk food containers designed and constructed to be used once and discarded. "Single-use articles" includes items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans that do not meet the materials, durability, strength, and cleanability specifications under 2VAC5-585-960, 2VAC5-585-1080, and 2VAC5-585-1100 for multiuse utensils.

"Slacking" means the process of moderating the temperature of a food, such as allowing a food to gradually increase from a temperature of -10°F (-23°C) to 25°F (-4°C) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food such as shrimp.

"Smooth" means a food-contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of (100 grit) number three stainless steel; a nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and a floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean.

"Tableware" means eating, drinking, and serving utensils for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and plates.

"Temperature measuring device" means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.

"Temporary food establishment" means a food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.

"Time/temperature control for safety food" or "TCS" (formerly "potentially hazardous food") means a food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation:

1. "Time/temperature control for safety food" includes an animal food that is raw or heat treated; a plant food that is heat treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; and except as specified in subdivision 2 d of this definition, a food that because of the interaction of its A_wand pH values is designated as product assessment required (PA) in Table A or B of this definition:

| Table A. Interaction of pH and A_w for control of spores in food heat treated to destroy vegetative cells and subsequently packaged. | | | | | --- | --- | --- | --- | | A_w values | pH values | | | | 4.6 or less | >4.6 - 5.6 | >5.6 | | | ≤0.92 | non-TCS food* | non-TCS food | non-TCS food | | >0.92 - 0.95 | non-TCS food | non-TCS food | PA** | | >0.95 | non-TCS food | PA | PA | | *TCS means time/temperature control for safety food **PA means product assessment required | | | |

| Table B. Interaction of pH and A_w for control of vegetative cells and spores in food not heat treated or heat treated but not packaged. | | | | | | --- | --- | --- | --- | --- | | A_w values | pH values | | | | | < 4.2 | 4.2 - 4.6 | > 4.6 - 5.0 | > 5.0 | | | <0.88 | non-TCS food* | non-TCS food | non-TCS food | non-TCS food | | 0.88 - 0.90 | non-TCS food | non-TCS food | non-TCS food | PA** | | >0.90 - 0.92 | non-TCS food | non-TCS food | PA | PA | | >0.92 | non-TCS food | PA | PA | PA | | *TCS means time/temperature control for safety food **PA means product assessment required | | | | |

2. "Time/temperature control for safety food" does not include:

a. An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not hard boiled, but has been pasteurized to destroy all viable salmonellae ;

b. A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution;

c. A food that because of its pH or A_w value, or interaction of A_w and pH values, is designated as a non-TCS food in Table A or B of this definition;

d. A food that is designated as PA in Table A or B of this definition and has undergone a product assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that food is precluded due to:

(1) Intrinsic factors including added or natural characteristics of the food, such as preservatives, antimicrobials, humectants, acidulants, or nutrients;

(2) Extrinsic factors including environmental or operational factors that affect the food, such as packaging, modified atmosphere such as reduced oxygen packaging, shelf-life and use, or temperature range of storage and use; or

(3) A combination of intrinsic and extrinsic factors; or

e. A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the subdivisions 2 a through 2 d of this definition even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.

"Tobacco product" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, 21 USC § 321(rr).

"USDA" means the U.S. Department of Agriculture.

"Utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single service, or single use; gloves used in contact with food; temperature sensing probes of food temperature measuring devices; and probe-type price or identification tags used in contact with food.

"Variance" means a written document issued by the department that authorizes a modification or waiver of one or more requirements of this chapter if, in the opinion of the department, a health hazard or nuisance will not result from the modification or waiver.

"Vending machine" means a self-service device that, upon insertion of a coin, paper currency, token, card, key, or by electronic transaction or optional manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.

"Vending machine location" means the room, enclosure, space, or area where one or more vending machines are installed and operated and includes the storage areas and areas on the premises that are used to service and maintain the vending machines.

"Warewashing" means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.

"Waterworks" means a system that serves piped water for human consumption to at least 15 service connections or 25 or more individuals for at least 60 days out of the year. "Waterworks" includes all structures, equipment, and appurtenances used in the storage, collection, purification, treatment, and distribution of pure water except the piping and fixtures inside the building where such water is delivered.

"Whole-muscle, intact beef" means whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

Article 1 Supervision

2VAC5-585-50 Assignment

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 establishment with two or more separately permitted departments that are the legal responsibility of the same permit holder and that are located on the same premises, the permit holder may, during specific time periods when food is not being prepared, packaged, or served, designate a single person in charge who is present on the premises during all hours of operation, and who is responsible for each separately permitted food establishment on the premises.^Pf

C. This section does not apply to certain types of food establishments deemed by the department to pose minimal risk of causing, or contributing to, foodborne illness based on the nature of the operation and the extent of the food preparation.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-60 Demonstration

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 this chapter. The person in charge shall demonstrate this knowledge by:

1. Complying with this chapter by having no violations of priority items during the current inspection;^Pf

2. Being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program;^Pf or

3. Responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include:

a. Describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee;^Pf

b. Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease;^Pf

c. Describing the symptoms associated with the diseases that are transmissible through food;^Pf

d. Explaining the significance of the relationship between maintaining the time and temperature of time/temperature control for safety food and the prevention of foodborne illness;^Pf

e. Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish;^Pf

f. Stating the required food temperatures and times for safe cooking of time/temperature control for safety food including meat, poultry, eggs, and fish;^Pf

g. Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of time/temperature control for safety food;^Pf

h. Describing the relationship between the prevention of foodborne illness and the management and control of the following:

(1) Cross contamination;^Pf

(2) Hand contact with ready-to-eat foods;^Pf

(3) Handwashing;^Pf and

(4) Maintaining the food establishment in a clean condition and in good repair;^Pf

i. Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction;^Pf

j. Explaining the relationship between food safety and providing equipment that is:

(1) Sufficient in number and capacity;^Pf and

(2) Properly designed, constructed, located, installed, operated, maintained, and cleaned;^Pf

k. Explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment;^Pf

l. Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections;^Pf

m. Identifying poisonous or toxic materials in the food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to law;^Pf

n. Identifying critical control points in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of this chapter;^Pf

o. Explaining the details of how the person in charge and food employees comply with the HACCP plan if a plan is required by the law, this chapter, or an agreement between the department and the food establishment;^Pf

p. Explaining the responsibilities, rights, and authorities assigned by this chapter to the:

(1) Food employee;^Pf

(2) Conditional employee;^Pf

(3) Person in charge;^Pf and

(4) Department;^Pf and

q. Explaining how the person in charge, food employees, and conditional employees comply with reporting responsibilities and the exclusion or restriction of food employees.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-65 Certified food protection manager

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 accredited program.

B. The person in charge shall be a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program.

C. This section does not apply to certain types of food establishments deemed by the department to pose minimal risk of causing, or contributing to, foodborne illness based on the nature of the operation and extent of food preparation.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Volume 32, Issue 22, eff. July 12, 2016; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-67 Food protection manager certification

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 for Food Protection Standard for Accreditation of Food Protection Manager Certification Programs, April 2023, (Conference for Food Protection) is deemed to comply with subdivision 2 of 2VAC5-585-60.

B. A food establishment that has a person in charge 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 for Food Protection Standard for Accreditation of Food Protection Manager Certification Programs, April 2023, (Conference for Food Protection) is deemed to comply with 2VAC5-585-65.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-70 Duties of person in charge

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 food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles are protected from contamination;^Pf

3. Employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with this chapter;^Pf

4. Employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing;^Pf

5. Employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt;^Pf

6. Employees are verifying that foods delivered to the food establishment during nonoperating hours are from approved sources and are placed into appropriate storage locations such that they are maintained at the required temperatures, protected from contamination, unadulterated, and accurately presented;^Pf

7. Employees are properly cooking time/temperature control for safety food, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under 2VAC5-585-1180 and 2VAC5-585-1730 B;^Pf

8. Employees are using proper methods to rapidly cool time/temperature control for safety foods that are not held hot or are not for consumption within four hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling;^Pf

9. Employees are properly maintaining the temperatures of time/temperature control for safety food during hot and cold holding through daily oversight of the employees' routine monitoring of food temperatures;^Pf

10. Food employees are properly maintaining the temperature of time/temperature control for safety foods during thawing through daily oversight of the food employee's routine monitoring of food temperatures;^Pf

11. Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed as specified under 2VAC5-585-930 that the food is not cooked sufficiently to ensure its safety;^Pf

12. Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing;^Pf

13. Consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets as specified under 2VAC5-585-590;^Pf

14. Except when approval is obtained from the department as specified in 2VAC5-585-450 E, employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment;^Pf

15. Employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties. Food allergy awareness includes describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction; ^Pf

16. Food employees and conditional employees are informed in a verifiable manner of their responsibility to report in accordance with law, to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food, as specified under 2VAC5-585-80 A;^Pf and

17. Written procedures and plans where specified by this chapter and as developed by the food establishment are maintained and implemented as required.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

Article 2 Employee Health

2VAC5-585-80 Responsibility of permit holder, person in charge, and conditional employees

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 information in a manner that allows the person in charge to reduce the risk of foodborne disease transmission, including providing necessary additional information, such as the date of onset of symptoms and an illness, or of a diagnosis without symptoms, if the food employee or conditional employee:

1. Has any of the following symptoms:

a. Vomiting;^P

b. Diarrhea;^P

c. Jaundice;^P

d. Sore throat with fever;^P or

e. A lesion containing pus such as a boil or infected wound that is open or draining and is:

(1) On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a single-use glove is worn over the impermeable cover;^P

(2) On exposed portions of the arms, unless the lesion is protected by an impermeable cover;^P or

(3) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage;^P

2. Has an illness diagnosed by a health practitioner due to:

a. Norovirus;^P

b. Hepatitis A virus;^P

c. Shigella spp.;^P

d. Shiga toxin-producing Escherichia coli; ^P

e. Typhoid fever (caused by Salmonella typhi);^Por

f. Salmonella (nontyphoidal);^P

3. Had typhoid fever, diagnosed by a health practitioner, within the past three months, without having received antibiotic therapy, as determined by a health practitioner;^P

4. Has been exposed to or is the suspected source of a confirmed disease outbreak because the food employee or conditional employee consumed or prepared food implicated in the outbreak, or consumed food at an event prepared by a person who is infected or ill with:

a. Norovirus within the past 48 hours of the last exposure;^P

b. Shiga toxin-producing Escherichia coli, or Shigella spp. within the past three days of the last exposure;^P

c. Typhoid fever within the past 14 days of the last exposure;^P or

d. Hepatitis A virus within the past 30 days of the last exposure;^P or

5. Has been exposed by attending or working in a setting where there is a confirmed disease outbreak, or living in the same household as, and has knowledge about an individual who works or attends a setting where there is a confirmed disease outbreak, or living in the same household as, and has knowledge about, an individual diagnosed with an illness caused by:

a. Norovirus within the past 48 hours of the last exposure;^P

b. Shiga toxin-producing Escherichia coli or Shigella spp. within the past three days of the last exposure;^P

c. Typhoid fever (caused by Salmonella typhi) within the past 14 days of the last exposure;^P or

d. Hepatitis A virus within the past 30 days of the last exposure.^P

B. The person in charge shall notify the department when a food employee is:

1. Jaundiced;^Pf or

2. Diagnosed with an illness due to a pathogen as specified under subdivisions A 2 a through f of this section.^Pf

C. The person in charge shall ensure that a conditional employee:

1. Who exhibits or reports a symptom, or who reports a diagnosed illness as specified under subdivisions A 1 through 3 of this section, is prohibited from becoming a food employee until the conditional employee meets the criteria for the specific symptoms or diagnosed illness as specified under 2VAC5-585-100;^P and

2. Who will work as a food employee in a food establishment that serves a highly susceptible population and reports a history of exposure as specified under subdivisions A 4 and 5 of this section, is prohibited from becoming a food employee until the conditional employee meets the criteria specified under subdivision 10 of 2VAC5-585-100.^P

D. The person in charge shall ensure that a food employee who exhibits or reports a symptom, or who reports a diagnosed illness or a history of exposure as specified under subsection A of this section is:

1. Excluded as specified under subdivisions 1 through 3 and 4 a, 5 a, 6 a, or 8 a of 2VAC5-585-90 and in compliance with the provisions specified under subdivisions 1 through 8 of 2VAC5-585-100;^P or

2. Restricted as specified under subdivision 4 b, 5 b, 6 b, 7, 8 b, 9, or 10 of 2VAC5-585-90 and in compliance with the provisions specified under subdivisions 4 through 10 of 2VAC5-585-100.^P

E. A food employee or conditional employee shall report to the person in charge the information as specified under subsection A of this section.^Pf

F. A food employee shall:

1. Comply with an exclusion as specified under subdivisions 1 through 3 and 4 a, 5 a, 6 a, 7, or 8 a of 2VAC5-585-90, and with the provisions specified under subdivisions 1 through 8 of 2VAC5-585-100;^P or

2. Comply with a restriction specified under subdivision 4 b, 5 b, 6 b, 7, or 8 b of 2VAC5-585-90 or under subdivision 8, 9, or 10 of 2VAC5-585-90 and comply with the provisions specified under subdivisions 4 through 10 of 2VAC5-585-100.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-90 Exclusions and restrictions

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

b. Symptomatic with vomiting or diarrhea and diagnosed with an infection from Norovirus, Shigella spp., Salmonella (nontyphoidal), or Shiga toxin-producing E. coli.^P

2. Exclude a food employee who is:

a. Jaundiced and the onset of jaundice occurred within the last seven calendar days, unless the food employee provides to the person in charge written medical documentation from a health practitioner specifying that the jaundice is not caused by Hepatitis A virus or other fecal-orally transmitted infection;^P

b. Diagnosed with an infection from Hepatitis A virus within 14 calendar days from the onset of any illness symptoms, or within seven calendar days of the onset of jaundice;^P or

c. Diagnosed with an infection from Hepatitis A virus without developing symptoms.^P

3. Exclude a food employee who is diagnosed with typhoid fever, or reports having had typhoid fever within the past three months as specified in 2VAC5-585-80 A 3.^P

4. If a food employee is diagnosed with an infection from Norovirus and is asymptomatic:

a. Exclude the food employee who works in a food establishment serving a highly susceptible population;^P or

b. Restrict the food employee who works in a food establishment not serving a highly susceptible population.^P

5. If a food employee is diagnosed with an infection from Shigella spp. and is asymptomatic:

a. Exclude the food employee who works in a food establishment serving a highly susceptible population;^P or

b. Restrict the food employee who works in a food establishment not serving a highly susceptible population.^P

6. If a food employee is diagnosed with an infection from Shiga toxin-producing E. coli, and is asymptomatic:

a. Exclude the food employee who works in a food establishment serving a highly susceptible population;^P or

b. Restrict the food employee who works in a food establishment not serving a highly susceptible population.^P

7. If a food employee is diagnosed with an infection from Salmonella (nontyphoidal) and is asymptomatic, restrict the food employee who works in a food establishment serving a highly susceptible population or in a food establishment not serving a highly susceptible population.^P

8. If a food employee is ill with symptoms of acute onset of sore throat with fever:

a. Exclude the food employee who works in a food establishment serving a highly susceptible population;^P or

b. Restrict the food employee who works in a food establishment not serving a highly susceptible population.^P

9. If a food employee is infected with a skin lesion containing pus such as a boil or infected wound that is open or draining and not properly covered as specified under 2VAC5-585-80 A 1 e, restrict the food employee.^P

10. If a food employee is exposed to a foodborne pathogen as specified under 2VAC5-585-80 A 4 or 5, restrict the food employee who works in a food establishment serving a highly susceptible population.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-100 Removal, adjustment, or retention of exclusions and restrictions

The person in charge shall adhere to the following conditions when removing, adjusting, or retaining the exclusion or restriction of a food employee:

1. Except when a food employee is diagnosed with typhoid fever or an infection from Hepatitis A virus:

a. Reinstate a food employee who was excluded as specified under subdivision 1 a of 2VAC5-585-90 if the food employee:

(1) Is asymptomatic for at least 24 hours;^Por

(2) Provides to the person in charge written medical documentation from a health practitioner that states the symptom is from a noninfectious condition.^P

b. If a food employee was diagnosed with an infection from Norovirus and excluded as specified under subdivision 1 b of 2VAC5-585-90:

(1) Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food establishment not serving a highly susceptible population until the conditions for reinstatement as specified in subdivision 4 a or b of this section are met;^P or

(2) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified in subdivision 4 a or b of this section are met.^P

c. If a food employee was diagnosed with an infection from Shigella spp. and excluded as specified under subdivision 1 b of 2VAC5-585-90:

(1) Restrict the food employee, who is asymptomatic, for at least 24 hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified in subdivision 5 a or b of this section are met;^P or

(2) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified in (i) subdivision 5 a or 5 b of this section, or (ii) subdivisions 1 c (1) and 5 a of this section are met.^P

d. If a food employee was diagnosed with an infection from Shiga toxin-producing Escherichia coli and excluded as specified under subdivision 1 b of 2VAC5-585-90:

(1) Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified in subdivision 6 a or b of this section are met;^P or

(2) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified in subdivision 6 a or b are met.^P

e. If a food employee was diagnosed with an infection from Salmonella (nontyphoidal) and excluded as specified in subdivision 1 b of 2VAC5-585-90:

(1) Restrict the food employee, who is asymptomatic, for at least 30 days until conditions for reinstatement as specified in subdivision 7 a or b of this section are met;^P or

(2) Retain the exclusion for the food employee, who is symptomatic, until conditions for reinstatement as specified in subdivision 7 a or b of this section are met.^P

2. Reinstate a food employee who was excluded as specified under subdivision 2 of 2VAC5-585-90 if the person in charge obtains approval from the department and one of the following conditions is met:

a. The food employee has been jaundiced for more than seven calendar days;^P

b. The anicteric food employee has been symptomatic with symptoms other than jaundice for more than 14 calendar days;^P or

c. The food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Hepatitis A virus infection.^P

3. Reinstate a food employee who was excluded as specified under subdivision 3 of 2VAC5-585-90 if:

a. The person in charge obtains approval from the department;^P and

b. The food employee provides to the person in charge written medical documentation from a health practitioner that states the food employee is free from typhoid fever.^P

4. Reinstate a food employee who was excluded as specified under subdivision 1 b or 4 a of 2VAC5-585-90, who was restricted under subdivision 4 b of 2VAC5-585-90 if the person in charge obtains approval from the department and one of the following conditions is met:

a. The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Norovirus infection;^P

b. The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than 48 hours have passed since the food employee became asymptomatic;^P or

c. The food employee was excluded or restricted and did not develop symptoms and more than 48 hours have passed since the food employee was diagnosed.^P

5. Reinstate a food employee who was excluded as specified under subdivision 1 b or 5 a of 2VAC5-585-90 or who was restricted under subdivision 5 b of 2VAC5-585-90 if the person in charge obtains approval from the department and one of the following conditions is met:

a. The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Shigella spp. infection based on test results showing two consecutive negative stool specimen cultures that are taken:

(1) Not earlier than 48 hours after discontinuance of antibiotics;^P and

(2) At least 24 hours apart;^P

b. The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than seven calendar days have passed since the food employee became asymptomatic;^P or

c. The food employee was excluded or restricted and did not develop symptoms and more than seven calendar days have passed since the food employee was diagnosed.^P

6. Reinstate a food employee who was excluded or restricted as specified under subdivision 1 b or 6 a of 2VAC5-585-90 or who was restricted under subdivision 6 b of 2VAC5-585-90 if the person in charge obtains approval from the department and one of the following conditions is met:

a. The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of an infection from Shiga toxin-producing Escherichia coli based on test results that show two consecutive negative stool specimen cultures that are taken:

(1) Not earlier than 48 hours after the discontinuance of antibiotics;^P and

(2) At least 24 hours apart;^P

b. The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved and more than seven calendar days have passed since the food employee became asymptomatic;^P or

c. The food employee was excluded or restricted and did not develop symptoms and more than seven days have passed since the food employee was diagnosed.^P

7. Reinstate a food employee who was excluded as specified under subdivision 1 b of 2VAC5-585-90 or who was restricted under subdivision 7 of 2VAC5-585-90 if the person in charge obtains approval from the department^P and one of the following conditions is met:

a. The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Salmonella (nontyphoidal) infection based on test results showing two consecutive negative stool specimen cultures that are taken:

(1) Not earlier than 48 hours after discontinuance of antibiotics,^P and

(2) At least 24 hours apart;^P

b. The food employee was restricted after symptoms of vomiting or diarrhea resolved, and more than 30 days have passed since the food employee became asymptomatic;^Por

c. The food employee was excluded or restricted and did not develop symptoms and more than 30 days have passed since the food employee was diagnosed.^P

8. Reinstate a food employee who was excluded or restricted as specified under subdivision 8 a or b of 2VAC5-585-90 if the food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee meets one of the following conditions:

a. Has received antibiotic therapy for Streptococcus pyogenes infection for more than 24 hours;^P

b. Has at least one negative throat specimen culture for Streptococcus pyogenes infection;^P or

c. Is otherwise determined by a health practitioner to be free of Streptococcus pyogenes infection.^P

9. Reinstate a food employee who was restricted as specified under subdivision 9 of 2VAC5-585-90 if the skin, infected wound, cut, or pustular boil is properly covered with one of the following:

a. An impermeable cover such as a finger cot or stall and a single-use glove over the impermeable cover if the infected wound or pustular boil is on the hand, finger, or wrist;^P

b. An impermeable cover on the arm if the infected wound or pustular boil is on the arm;^P or

c. A dry, durable, tight-fitting bandage if the infected wound or pustular boil is on another part of the body.^P

10. Reinstate a food employee who was restricted as specified under subdivision 10 of 2VAC5-585-90 and was exposed to one of the following pathogens as specified under 2VAC5-585-80 A 4 or 5:

a. Norovirus and one of the following conditions is met:

(1) More than 48 hours have passed since the last day the food employee was potentially exposed;^Por

(2) More than 48 hours have passed since the food employee's household contact became asymptomatic.^P

b. Shigella spp. or Shiga toxin-producing Escherichia coli and one of the following conditions is met:

(1) More than three calendar days have passed since the last day the food employee was potentially exposed;^P or

(2) More than three calendar days have passed since the food employee's household contact became asymptomatic.^P

c. typhoid fever (caused by Salmonella typhi) and one of the following conditions is met:

(1) More than 14 calendar days have passed since the last day the food employee was potentially exposed;^P or

(2) More than 14 calendar days have passed since the food employee's household contact became asymptomatic.^P

d. Hepatitis A virus and one of the following conditions is met:

(1) The food employee is immune to Hepatitis A virus infection because of prior illness from Hepatitis A;^P

(2) The food employee is immune to Hepatitis A virus infection because of vaccination against Hepatitis A;^P

(3) The food employee is immune to Hepatitis A virus infection because of IgG administration;^P

(4) More than 30 calendar days have passed since the last day the food employee was potentially exposed;^P

(5) More than 30 calendar days have passed since the food employee's household contact became jaundiced;^P or

(6) The food employee does not use an alternative procedure that allows bare hand contact with ready-to-eat food until at least 30 days after the potential exposure, as specified in subdivision 10 d (4) and (5) of this section, and the food employee receives additional training about:

(a) Hepatitis A symptoms and preventing the transmission of infection;^P

(b) Proper handwashing procedures;^P and

(c) Protecting ready-to-eat food from contamination introduced by bare hand contact.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-110 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-120 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

Article 3 Personal Cleanliness

2VAC5-585-130 Clean condition of hands and arms

Food employees shall keep their hands and exposed portions of their arms clean.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-140 Cleaning procedure of hands and arms

A. Except as specified in subsection D of this section, food employees shall clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands or arms for at least 20 seconds, using a cleaning compound in a handwashing sink that is equipped as specified under 2VAC5-585-2190 and 2VAC5-585-3020 through 2VAC5-585-3045.^P

B. Food employees shall use the following cleaning procedure in the order stated to clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands and arms:

1. Rinse under clean, running warm water;^P

2. Apply an amount of cleaning compound recommended by the cleaning compound manufacturer;^P

3. Rub together vigorously for at least 10 to 15 seconds while:

a. Paying particular attention to removing soil from underneath the fingernails during the cleaning procedure;^P and

b. Creating friction on the surfaces of the hands and arms or surrogate prosthetic devices for hands and arms, finger tips, and areas between the fingers;^P

4. Thoroughly rinsing under clean, running warm water;^P and

5. Immediately follow the cleaning procedure with thorough drying using a method as specified under 2VAC5-585-3030.^P

C. To avoid recontaminating their hands or surrogate prosthetic devices, food employees may use disposable paper towels or similar clean barriers when touching surfaces such as manually operated faucet handles on a handwashing sink or the handle of a restroom door.

D. If approved and capable of removing the types of soils encountered in the food operations involved, an automatic handwashing facility may be used by food employees to clean their hands or surrogate prosthetic devices.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-150 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-160 When to wash

Food employees shall clean their hands and exposed portions of their arms as specified under 2VAC5-585-140 immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles^P and:

1. After touching bare human body parts other than clean hands and clean, exposed portions of arms;^P

2. After using the toilet room;^P

3. After caring for or handling service animals or aquatic animals as allowed under 2VAC5-585-250 B;^P

4. Except as specified in 2VAC5-585-220 B, after coughing, sneezing, using a handkerchief or disposable tissue, using a tobacco product, eating, or drinking;^P

5. After handling soiled equipment or utensils;^P

6. During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks;^P

7. When switching between working with raw food and working with ready-to-eat food;^P

8. Before donning gloves to initiate a task that involves working with food;^Pand

9. After engaging in other activities that contaminate the hands.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-170 Where to wash

Food employees shall clean their hands in a handwashing sink or approved automatic handwashing facility and may not clean their hands in a sink used for food preparation or warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-180 Hand antiseptics

A. A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap shall:

1. Comply with one of the following:

a. Be an approved drug that is listed in the "Approved Drug Products with Therapeutic Equivalence Evaluations, 39th Edition," 2019 (U.S. Food and Drug Administration) as an approved drug based on safety and effectiveness;^Pf or

b. Have active antimicrobial ingredients that are listed in the FDA monograph for over the counter (OTC) Health-Care Antiseptic Drug Products, 82 FR 60474 (December 20, 2017) as an antiseptic handwash;^Pf

2. Consist only of components that the intended use of each complies with one of the following:

a. A threshold of regulation exemption under 21 CFR 170.39; ^Pf

b. 21 CFR Part 178, as regulated for use as a food additive with conditions of safe use;^Pf

c. A determination of generally recognized as safe (GRAS). Partial listings of substances with food uses that are GRAS may be found in 21 CFR Part 182, 21 CFR Part 184, or 21 CFR Part 186; and in FDA's Inventory of GRAS Notices;^Pf

d. A prior sanction listed under 21 CFR Part 181;^Pf or

e. A food contact notification that is effective;^Pf and

3. Be applied only to hands that are cleaned as specified under 2VAC5-585-140.^Pf

B. If a hand antiseptic or a hand antiseptic solution used as a hand dip does not meet the criteria specified under subdivision A 2 of this section, use shall be:

1. Followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves;^Pf or

2. Limited to situations that involve no direct contact with food by the bare hands.^Pf

C. A hand antiseptic solution used as a hand dip shall be maintained clean and at a strength equivalent to at least 100 mg/l (ppm) chlorine.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-190 Maintenance of fingernails

A. Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.^Pf

B. Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or artificial nails when working with exposed food.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-200 Prohibition of jewelry

Except for a plain ring such as a wedding band, while preparing food, food employees may not wear jewelry, including medical information jewelry, on their arms and hands.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-210 Clean condition of outer clothing

Food employees shall wear clean outer clothing to prevent contamination of food equipment, utensils, linens, and single-service and single-use articles.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

Article 4 Hygienic Practices

2VAC5-585-220 Eating, drinking, or using tobacco products

A. Except as specified in subsection B of this section, an employee shall eat, drink, or use any form of tobacco product only in designated areas where the contamination of exposed food; clean equipment, utensils, and linens; unwrapped single-service and single-use articles; or other items needing protection cannot result.

B. A food employee may drink from a closed beverage container if the container is handled to prevent contamination of:

1. The employee's hands;

2. The container; and

3. Exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-230 Discharges from the eyes, nose, and mouth

Food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with exposed food; clean equipment, utensils, and linens; or unwrapped single-service or single-use articles.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-235 Use of bandages, finger cots, or finger stalls

If used, an impermeable cover such as a bandage, finger cot, or finger stall located on the wrist, hand, or finger of a food employee working with exposed food shall be covered with a single-use glove.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-240 Effectiveness of hair restraints

A. Except as provided in subsection B of this section, food employees shall wear hair restraints, such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that are designed and worn to effectively keep their hair from contacting exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

B. This section does not apply to food employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-250 Handling of animals prohibited

A. Except as specified in subsection B of this section, food employees may not care for or handle animals that may be present such as patrol dogs, service animals, or pets that are allowed as specified in subdivisions B 2 through B 6 and subsection C of 2VAC5-585-3310.^Pf

B. Food employees with service animals may handle or care for their service animals, and food employees may handle or care for fish in aquariums or molluscan shellfish or crustacea in display tanks if they wash their hands as specified under 2VAC5-585-140 and subdivision 3 of 2VAC5-585-160.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 35, Issue 12, eff. March 6, 2019.

2VAC5-585-255 Clean-up of vomiting and diarrheal events

A. A food establishment shall have written procedures for employees to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the food establishment.^Pf

B. The procedures shall address the specific actions employees must take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

Article 1 Characteristics

2VAC5-585-260 Safe, unadulterated, and honestly presented

Food shall be safe, unadulterated, and, as specified under 2VAC5-585-890, honestly presented.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

Article 2 Sources, Specifications, and Original Containers and Records

2VAC5-585-270 Compliance with food law

A. Food shall be obtained from sources that comply with law.^P

B. Food prepared in a private home may not be used or offered for human consumption in a food establishment unless the home kitchen is inspected and regulated by the food regulatory authority that has jurisdiction over the private home.^P

C. Packaged food shall be labeled as specified in law, including 21 CFR Part 101; 9 CFR Part 317; and 9 CFR Part 381, Subpart N; and as specified under 2VAC5-585-410.^Pf

D. Fish, other than those specified in 2VAC5-585-730 B, that are intended for consumption in raw or undercooked form and allowed as specified in 2VAC5-585-700 D, may be offered for sale or service if they are obtained from a supplier that freezes fish as specified under 2VAC5-585-730 A, or if they are frozen on the premises as specified under 2VAC5-585-730 A and records are retained as specified under 2VAC5-585-740.

E. Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in 2VAC5-585-700 C shall be:

1. Obtained from a food processing plant that does not mechanically tenderize, vacuum tumble with solutions, reconstruct, cube, or pound those whole-muscle, intact beef steaks;^Pf or

2. Deemed acceptable by the department based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of whole-muscle, intact beef;^Pf and

3. If individually cut in a food establishment:

a. Cut from whole-muscle, intact beef that is received from a food processing plant as specified in subdivision 1 of this subsection or identified as specified in subdivision 2 of this subsection;^P and

b. Prepared so they remain intact.^Pf

F. Meat and poultry that are not ready-to-eat foods and are in a packaged form when offered for sale or otherwise offered for consumption shall be labeled to include safe handling instructions as specified in law, including 9 CFR 317.2(l) and 9 CFR 381.125(b).

G. Eggs that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in law, including 21 CFR 101.17(h).

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-280 Food in a hermetically sealed container

Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-290 Fluid milk and milk products

Fluid milk and milk products shall be obtained from sources that comply with Grade A standards as specified in law.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-295 Juice treated

Prepackaged juice shall:

1. Be obtained from a processor with a HACCP system as specified in 21 CFR Part 120;^Pfand

2. Be obtained pasteurized or otherwise treated to attain a 5-log reduction of the most resistant microorganism of public health significance as specified in 21 CFR 120.24.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-300 Fish

A. Fish that are received for sale or service shall be:

1. Commercially and legally caught or harvested;^Por

2. Approved for sale or service .^P

B. Molluscan shellfish that are recreationally caught may not be received for sale or service.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-310 Molluscan shellfish

A. Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish, 2017 Revision, (U.S. Food and Drug Administration).^P

B. Molluscan shellfish shall be from sources that are listed in the "Interstate Certified Shellfish Shippers List" (U.S. Food and Drug Administration).^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-320 Wild mushrooms

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 species that are grown, harvested, and processed in an operation that is regulated by the food regulatory agency that has jurisdiction over the operation; or

2. Wild mushroom species if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-330 Game animals

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 program administered by the USDA for game animals such as exotic animals (i.e., reindeer, elk, deer, antelope, water buffalo, or bison) that are "inspected and approved" in accordance with 9 CFR Part 352;^P

2. As allowed by law, for wild game animals that are live-caught:

a. Under a routine inspection program conducted by a regulatory agency such as the agency that has animal health jurisdiction;^P

b. Slaughtered and processed according to:

(1) Laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program;^P and

(2) Requirements that are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee;^P or

3. As allowed by law for field-dressed wild game animals under a routine inspection program that ensures the animals:

a. Receive a postmortem examination by an approved veterinarian or veterinarian's designee; ^P

b. Are field-dressed and transported according to requirements specified by the agency that has animal health jurisdiction and the agency that conducts the inspection program;^Pand

c. Are processed according to laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program.^P

B. A game animal may not be received for sale or service if it is a species of wildlife that is listed in 50 CFR Part 17.

C. The requirements of subsection A of this section shall not apply to commercially slaughtered or processed rabbits that are offered for sale or service.

D. Commercially slaughtered or processed rabbits that are offered for sale or service shall be packaged with a label that complies with 2VAC5-585-900 B and includes the following information:

1. Producer number;

2. Safe handling instructions, as required by 9 CFR 317.2(l) and 9 CFR 381.125(b);

3. An identifying code that is permanently visible to the naked eye to aid in traceback throughout sale and distribution; and

4. The statement: "WARNING: EXEMPT FROM CARCASS INSPECTION. PREPARED IN COMPLIANCE WITH THE VIRGINIA RABBIT PROGRAM." on the principal display panel.

E. An entity commercially slaughtering or processing rabbits that are offered for sale or service may elect to participate in a voluntary inspection program that is conducted by the state agency that has animal health jurisdiction or a voluntary inspection program that is administered by USDA. The requirements of subsection D of this section shall not apply to commercially slaughtered or processed rabbits that are offered for sale or service that bear a mark of inspection and that are under a voluntary inspection program that is conducted by the state agency that has animal health jurisdiction or that is administered by USDA.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 35, Issue 12, eff. March 6, 2019; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-340 Temperature

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 law governing its distribution, such as laws governing milk and molluscan shellfish, the food may be received at the specified temperature.

C. Raw eggs shall be received in refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less.^P

D. Time/temperature control for safety food that is cooked to a temperature and for a time specified under 2VAC5-585-700, 2VAC5-585-710, and 2VAC5-585-720 and received hot shall be at a temperature of 135°F (57°C) or above.^P

E. A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen.^Pf

F. Upon receipt, time/temperature control for safety food shall be free of evidence of previous temperature abuse.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-350 Additives

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 amounts specified in 9 CFR 424.21(b); or pesticide residues that exceed provisions specified in 40 CFR Part 180.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-360 Eggs

Eggs shall be received clean and sound and shall not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56, effective July 20, 2000, (Agricultural Marketing Service of USDA).^P Eggs sold pursuant to § 3.2-5305 of the Code of Virginia are exempt from the restricted egg tolerances for U.S. Consumer Grade B as specified in the United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56, effective July 20, 2000, (Agricultural Marketing Service of USDA).

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-370 Eggs and milk products, pasteurized

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 Part 135.^P

D. Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in the CFR, such as 21 CFR Part 133 for curing certain cheese varieties.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-380 Package integrity

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.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-390 Ice

Ice for use as a food or a cooling medium shall be made from drinking water.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-400 Molluscan shellfish, packaging and identification

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 Sanitation Program Guide for Control of Molluscan Shellfish;^Pf and

2. "Sell by" or "best if used by" date for shucked shellfish packages with a capacity of less than 64 fluid ounces (1.89 L) or the date shucked for packages with a capacity of 64 fluid ounces (1.89 L) or more.^Pf

B. A container of raw molluscan shellfish that does not bear a tag or label or that bears a tag or label that does not contain all the information as specified under subsection A of this section shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR 1240.60(d).

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-410 Shellstock identification

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 Shellfish, Revision, (U.S. Food and Drug Administration) and that list on each dealer's tag or label the following information in the following order:^Pf

1. The dealer's name and address, and the certification number assigned by the shellfish control authority;^Pf

2. The original shipper's certification number assigned by the shellfish control authority;^Pf

3. The harvest date, or if depurated, the date of depuration processing, or if wet stored, the original harvest date and the final harvest date;^Pf

4. If wet stored or depurated, the wet storage or depuration cycle or lot number. The wet storage lot number shall begin with the letter "w";^Pf

5. The harvest area including the initials of the state or country of harvest;^Pf

6. The type and quantity of shellstock;^Pf

7. The following statement in bold, capitalized type: "THIS TAG (or LABEL) IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND THEREAFTER KEPT ON FILE IN CHRONOLOGICAL ORDER FOR 90 DAYS." "RETAILERS: DATE WHEN LAST SHELLFISH FROM THIS CONTAINER SOLD OR SERVED (INSERT DATE)";^Pf and

8. A consumer advisory as specified in 2VAC5-585-930.

B. A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all the information as specified under subsection A of this section shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR 1240.60(d) and § 28.2-801 of the Code of Virginia.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-420 Shellstock; condition

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-430 Molluscan shellfish; original container

A. Except as specified in subsections C, D, and E of this section, molluscan shellfish may not be removed from the container in which they are received other than immediately before sale or preparation for service.

B. Molluscan shellfish from one tagged or labeled container shall not be commingled with molluscan shellfish from another container with different certification numbers, different harvest dates, or different growing areas identified on the tag or label before being ordered by the consumer.^Pf

C. For display purposes, shellstock or in-shell product may be removed from the container in which they are received, displayed on drained ice, or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:

1. The source of the shellstock or in-shell product on display is identified as specified under 2VAC5-585-400 and recorded as specified under 2VAC5-585-440; and

2. The shellstock or in-shell product are protected from contamination.

D. Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer's request if:

1. The labeling information for the shellfish on display as specified under 2VAC5-585-400 is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and

2. The shellfish are protected from contamination.

E. Shucked shellfish may be removed from the container in which they were received and repacked in consumer self-service containers where allowed by law if:

1. The labeling information for the shellfish is on each consumer self-service container as specified under 2VAC5-585-400 and 2VAC5-585-900 A and B 1 through 5;

2. The labeling information as specified under 2VAC5-585-400 is retained and correlated with the date when, or dates during which, the shellfish are sold or served;

3. The labeling information and dates specified under subdivision 2 of this subsection are maintained for 90 days; and

4. The shellfish are protected from contamination.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-440 Molluscan shellfish, maintaining identification

A. Except as specified under subdivision C 2 of this section, molluscan shellfish 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 molluscan shellfish from the container is sold or served shall be recorded on the tag, label, or invoice.^Pf

C. The identity of the source of molluscan shellfish that are sold or served shall be maintained by retaining product tags, labels, or invoices for 90 calendar days from the date that is recorded on the tag, label, or invoice as specified in subsection B of this section by:^Pf

1. Using an approved recordkeeping system that keeps the tags, labels, or invoices in chronological order correlated to the date that is recorded on the tag, label, or invoice as specified under subsection B of this section;^Pf and

2. If shellstock, shucked shellfish, or in-shell product is removed from its tagged or labeled container:

a. Preserving source identification by using a recordkeeping system as specified under subdivision 1 of this subsection;^Pf and

b. Ensuring that shellstock, shucked shellfish, or in-shell product from one tagged or labeled container are not commingled with shellstock, shucked shellfish, or in-shell product from another container with different certification numbers; different harvest dates; or different growing areas as identified on the tag or label before being ordered by the consumer.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Voume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-445 Food donation

Food stored, prepared, packaged, displayed, and labeled in accordance with the law and this chapter may be offered for donation.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

Article 3 Protection from Contamination after Receiving

2VAC5-585-450 Preventing contamination from hands

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 bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.^P

C. Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.^Pf

D. Subsection B of this section does not apply to a food employee who contacts exposed, ready-to-eat food with bare hands at the time the ready-to-eat food is being added as an ingredient to food that:

1. Contains a raw animal food and is to be cooked in the food establishment to heat all parts of the food to the minimum temperatures specified in 2VAC5-585-700 A and B or 2VAC5-585-710; or

2. Does not contain a raw animal food but is to be cooked in the food establishment to heat all parts of the food to a temperature of at least 145°F (63°C).

E. Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if:

1. The permit holder obtains prior approval from the department;

2. Written procedures are maintained in the food establishment and made available to the department upon request that include:

a. For each bare hand contact procedure, a listing of the specific ready-to-eat foods that are touched by bare hands; and

b. Diagrams and other information showing that handwashing facilities, installed, located, equipped, and maintained as specified under 2VAC5-585-2230, 2VAC5-585-2280, 2VAC5-585-2310, 2VAC5-585-3020, 2VAC5-585-3030, and 2VAC5-585-3045, are in an easily accessible location and in close proximity to the work station where the bare hand contact procedure is conducted;

3. A written employee health policy that details how the food establishment complies with 2VAC5-585-80, 2VAC5-585-90, and 2VAC5-585-100 including:

a. Documentation that the food employees and conditional employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food as specified under 2VAC5-585-80 A;

b. Documentation that food employees and conditional employees acknowledge their responsibilities as specified under 2VAC5-585-80 E and F; and

c. Documentation that the person in charge acknowledges the responsibilities as specified under 2VAC5-585-80 B, C, and D, 2VAC5-585-90, and 2VAC5-585-100;

4. Documentation that the food employees acknowledge that they have received training in:

a. The risks of contacting the specific ready-to-eat foods with their bare hands;

b. Proper handwashing as specified under 2VAC5-585-140;

c. When to wash their hands as specified under 2VAC5-585-160;

d. Where to wash their hands as specified under 2VAC5-585-170;

e. Proper fingernail maintenance as specified under 2VAC5-585-190;

f. Prohibition of jewelry as specified under 2VAC5-585-200; and

g. Good hygienic practices as specified under 2VAC5-585-220 and 2VAC5-585-230;

5. Documentation that hands are washed before food preparation and as necessary to prevent cross-contamination by food employees as specified under 2VAC5-585-130, 2VAC5-585-140, 2VAC5-585-160, and 2VAC5-585-170 during all hours of operation when the specific ready-to-eat foods are prepared;

6. Documentation that food employees contacting ready-to-eat food with bare hands use two or more of the following control measures to provide additional safeguards to hazards associated with bare hand contact:

a. Double handwashing;

b. Nail brushes;

c. A hand antiseptic after handwashing as specified under 2VAC5-585-180;

d. Incentive programs such as paid sick leave that assist or encourage food employees not to work when they are ill; or

e. Other control measures approved by the department; and

7. Documentation that corrective action is taken when subdivisions 1 through 6 of this subsection are not followed.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-460 Preventing contamination when tasting

A food employee may not use a utensil more than once to taste food that is to be sold or served.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-470 Packaged and unpackaged food - separation, packaging, and segregation

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 molluscan shellfish, or other raw ready-to-eat food such as fruits and vegetables;^P

b. Cooked ready-to-eat food;^Pand

c. Fruits or vegetables before they are washed;

2. Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by:

a. Using separate equipment for each type; ^P

b. Arranging each type of food in equipment so that cross contamination of one type with another is prevented;^P and

c. Preparing each type of food at different times or in separate areas;^P

3. Cleaning equipment and utensils as specified under 2VAC5-585-1780 A and sanitizing as specified under 2VAC5-585-1900;

4. Except as specified in subdivision B 2 of 2VAC5-585-810 and subsection B of this section, storing the food in packages, covered containers, or wrappings;

5. Cleaning hermetically sealed containers of food of visible soil before opening;

6. Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;

7. Storing damaged, spoiled, or recalled food being held in the food establishment as specified under 2VAC5-585-3150; and

8. Separating fruits and vegetables before they are washed as specified under 2VAC5-585-510 from ready-to-eat food.

B. Subdivision A 4 of this section does not apply to:

1. Whole, uncut, raw fruits and vegetables and nuts in the shell that require peeling or hulling before consumption;

2. Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;

3. Whole, uncut, processed meats such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks;

4. Food being cooled as specified under 2VAC5-585-810 B 2; or

5. Shellstock.

C. Frozen, commercially processed and packaged raw animal food may be stored or displayed with or above frozen, commercially processed and packaged, ready-to-eat food.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-480 Food storage containers; identified with common name of food

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 flakes, salt, spices, and sugar, shall be identified with the common name of the food.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-490 Pasteurized eggs; substitute for raw eggs for certain recipes and populations

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 2 of 2VAC5-585-700;^P or

2. Included in 2VAC5-585-700 D.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-500 Protection from unapproved additives

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 sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B₁;^P or

2. Except for grapes, serve or sell food specified in subdivision 1 of this subsection that is treated with sulfiting agents before receipt by the food establishment.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-510 Washing fruits and vegetables

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 being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form.

B. Fruits and vegetables may be washed by using chemicals as specified under 2VAC5-585-3390, and a test kit or other device that accurately measures the active ingredient concentration of the fruit and vegetable wash solution may be provided by the manufacturer of the wash solution.

C. Devices used for onsite generation of chemicals meeting the requirements specified in 21 CFR 173.315 for the washing of raw, whole fruits and vegetables shall be used in accordance with the manufacturer's instructions.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-520 Ice used as exterior coolant prohibited as ingredient

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.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-530 Storage or display of food in contact with water or ice

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, unpackaged food may not be stored in direct contact with undrained ice.

C. Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or water.

D. Raw poultry and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-540 Food contact with equipment and utensils

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, such as cloth napkins, as specified under 2VAC5-585-560, that are laundered as specified under 2VAC5-585-1910 through 2VAC5-585-1950.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-550 In-use utensils, between-use storage

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/temperature control for safety food with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;

3. On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified under 2VAC5-585-1780 and 2VAC5-585-1890;

4. In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;

5. In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not time/temperature control for safety food; or

6. In a container of water if the water is maintained at a temperature of at least 135°F (57°C) and the container is cleaned at a frequency specified under 2VAC5-585-1780 D 7.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-560 Linens and napkins, use limitation

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-570 Wiping cloths, use limitation

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 chemical sanitizer solution at a concentration specified in 2VAC5-585-1700; and

2. Laundered daily as specified under 2VAC5-585-1920 D.

C. Cloths in use for wiping surfaces in contact with raw animal foods shall be kept separate from other cloths used for other purposes.

D. Dry wiping cloths and the chemical sanitizing solutions specified in subdivision B 1 of this section in which wet wiping cloths are held between uses shall be free of food debris and visible soil.

E. Containers of chemical sanitizing solutions specified in subdivision B 1 of this section in which wet wiping cloths are held between uses shall be stored off the floor and used in a manner that prevents contamination of food, equipment, utensils, linens, single-service, or single-use articles.

F. Single-use disposable sanitizer wipes shall be used in accordance with EPA-approved manufacturer's label use instructions.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-580 Gloves, use limitation

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 this section, slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified under 2VAC5-585-700 through 2VAC5-585-765 such as frozen food or a primal cut of meat.

C. Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface; or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.

D. Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as required under 2VAC5-585-700 through 2VAC5-585-765 such as frozen food or a primal cut of meat.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-590 Using clean tableware for second portions and refills

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 portions or refills.

B. Except as specified in subsection C of this section, self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment.

C. Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process as specified under subdivisions 1, 2, and 4 of 2VAC5-585-1230.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-600 Refilling returnables

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 establishment may be refilled at a food establishment with food if the food container is:

1. Designed and constructed for reuse and in accordance with the requirements specified under 2VAC5-585-960 through 2VAC5-585-1435;^P

2. One that was initially provided by the food establishment to the consumer, either empty or filled with food by the food establishment, for the purpose of being returned for reuse;

3. Returned to the food establishment by the consumer after use;

4. Subject to the following steps before being refilled with food:

a. Cleaned as specified under 2VAC5-585-1770 through 2VAC5-585-1860;

b. Sanitized as specified under 2VAC5-585-1885, 2VAC5-585-1890, and 2VAC5-585-1900;^P and

c. Visually inspected by a food employee to verify that the container, as returned, meets the requirements specified under 2VAC5-585-960 through 2VAC5-585-1435.^P

C. A take-home food container returned to a food establishment may be refilled at a food establishment with beverage if:

1. The beverage is not a time/temperature control for safety food;

2. The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the food establishment;

3. Facilities for rinsing before refilling returned containers with fresh, hot water that is under pressure and not recirculated are provided as part of the dispensing system;

4. The consumer-owned container returned to the food establishment for refilling is refilled for sale or service only to the same consumer; and

5. The container is refilled by:

a. An employee of the food establishment; or

b. The owner of the container if the beverage system includes a contamination-free transfer process as specified under subdivisions 1, 2, and 4 of 2VAC5-585-1230 that cannot be bypassed by the container owner.

D. Consumer-owned, personal take-out beverage containers, such as thermally insulated bottles, nonspill coffee cups, and promotional beverage glasses, may be refilled by employees or the consumer if refilling is a contamination-free process as specified under subdivisions 1, 2, and 4 of 2VAC5-585-1230.

E. Consumer-owned containers that are not food specific may be filled at a water vending machine or system.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-610 Food storage

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. Food in packages and working containers may be stored less than six inches (15 cm) above the floor on case lot handling equipment as specified under 2VAC5-585-1420.

C. Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-620 Food storage; prohibited areas

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 heads, or under lines on which water has condensed;

8. Under open stairwells; or

9. Under other sources of contamination.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-630 Vended time/temperature control for safety food; original container

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-640 Food preparation

During preparation, unpackaged food shall be protected from environmental sources of contamination.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-650 Food display

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; display cases; or other effective means.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-660 Condiments; protection

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 vending machine location shall be in individual packages or provided in dispensers that are filled at an approved location, such as the food establishment that provides food to the vending machine location, a food processing plant that is regulated by the agency that has jurisdiction over the operation, or a properly equipped facility that is located on the site of the vending machine location.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-670 Consumer self-service operations

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. Ready-to-cook individual portions for immediate cooking and consumption on the premises such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue; or

3. Raw, frozen, shell-on shrimp or lobster.

B. Consumer self-service operations for ready-to-eat foods shall be provided with suitable utensils or effective dispensing methods that protect the food from contamination.^Pf

C. Consumer self-service operations such as buffets and salad bars shall be monitored by food employees trained in safe operating procedures.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-680 Returned food and reservice of food

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, a container of food that is not time/temperature control for safety food may be re-served from one consumer to another if:

1. The food is dispensed so that it is protected from contamination and the container is closed between uses such as a narrow-neck bottle containing catsup, steak sauce, or wine; or

2. The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-690 Miscellaneous sources of contamination

Food shall be protected from contamination that may result from a factor or source not specified under 2VAC5-585-450 through 2VAC5-585-680.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

Article 4 Destruction of Organisms of Public Health Concern

2VAC5-585-700 Raw animal foods

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 methods based on the food that is being cooked:

1. 145°F (63°C) or above for 15 seconds for:^P

a. Raw eggs that are broken and prepared in response to a consumer's order and for immediate service;^P and

b. Except as specified under subdivisions A 2 and 3 and subsections B and C of this section, fish and intact meat, including game animals commercially raised for food and under a voluntary inspection program as specified under 2VAC5-585-330 A 1;^P

2. 155°F (68°C) for 17 seconds or the temperature specified in the following chart that corresponds to the holding time for ratites and nonintact meats; the following if they are comminuted: fish and game animals commercially raised for food and under a voluntary inspection program as specified under 2VAC5-585-330 A 1; and raw eggs that are not prepared as specified under subdivision A 1 a of this section:^P

| Minimum | | | --- | --- | | Temperature °F (°C) | Time | | 145 (63) | 3 minutes | | 150 (66) | 1 minute | | 158 (70) | <1 second (instantaneous) |

3. 165°F (74°C) or above for less than one second (instantaneous) for poultry, baluts, wild game animals as specified under 2VAC5-585-330 A 2 and 3, commercially raised rabbits as specified under 2VAC5-585-330 C, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish, meat, poultry, or ratites.^P

B. Whole meat roasts including beef, corned beef, lamb, pork, and cured pork roasts such as ham shall be cooked:

1. As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature; ^P and

| Temperature °F (°C) | Time¹in Minutes | Temperature °F (°C) | Time¹in Seconds | | --- | --- | --- | --- | | 130 (54.4) | 112 | 147 (63.9) | 134 | | 131 (55.0) | 89 | 149 (65.0) | 85 | | 133 (56.1) | 56 | 151 (66.1) | 54 | | 135 (57.2) | 36 | 153 (67.2) | 34 | | 136 (57.8) | 28 | 155 (68.3) | 22 | | 138 (58.9) | 18 | 157 (69.4) | 14 | | 140 (60.0) | 12 | 158 (70.0) | 0 | | 142 (61.1) | 8 | | | | 144 (62.2) | 5 | | | | 145 (62.8) | 4 | | | | ¹Holding time may include postoven heat rise. | | | |

2. If cooked in an oven, use an oven that is preheated to the temperature specified for the roast's weight in the following chart and that is held at that temperature;^Pf

| Oven Type | Oven Temperature Based on Roast Weight | | | --- | --- | --- | | Less than 10 lbs (4.5 kg) | 10 lbs (4.5 kg) or more | | | Still Dry | 350°F (177°C) or more | 250°F (121°C) or more | | Convection | 325°F (163°C) or more | 250°F (121°C) or more | | High Humidity¹ | 250°F (121°C) or less | 250°F (121°C) or less | | ¹Relative humidity greater than 90% for at least one hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100% humidity | | |

C. A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if:

1. The food establishment serves a population that is not a highly susceptible population;

2. The steak is prepared so that it remains intact; and

3. The steak is cooked on both the top and bottom to a surface temperature of 145°F (63°C) or above and a cooked color change is achieved on all external surfaces.

D. A raw animal food such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartare or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in subsection C of this section may be served or offered for sale upon consumer request or selection in a ready-to-eat form if:

1. As specified under subdivisions 3 a and 3 b of 2VAC5-585-950, the food establishment serves a population that is not a highly susceptible population;

2. The food, if served or offered for service by consumer selection from a children's menu, does not contain comminuted meat;^Pf and

3. The consumer is informed as specified under 2VAC5-585-930 that to ensure its safety, the food should be cooked as specified under subsection A or B of this section; or

4. The department grants a variance from subsection A or B of this section as specified in 2VAC5-585-3540 based on a HACCP plan that:

a. Is submitted by the permit holder and approved as specified under 2VAC5-585-3541;

b. Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe food; and

c. Verifies that equipment and procedures for food preparation and training of food employees at the food establishment meet the conditions of the variance.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-710 Microwave cooking

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

4. Allowed to stand covered for two minutes after cooking to obtain temperature equilibrium.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-720 Plant food cooking for hot holding

Plant foods that are cooked for hot holding shall be cooked to a temperature of 135°F (57°C).^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-725 Noncontinuous cooking of raw animal foods

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 cooked time/temperature control for safety food under 2VAC5-585-800 A;^P

3. After cooling, held frozen or cold as specified for time/temperature control for safety food under 2VAC5-585-820 A 2;^P

4. Prior to sale or service, cooked using a process that heats all parts of the food to a temperature and for a time as designated in 2VAC5-585-700 A through C;^P

5. Cooled according to the time and temperature parameters specified for cooked time/temperature control for safety food under 2VAC5-585-800 A if not either hot held as specified under 2VAC5-585-820 A 1, served immediately, or held using time as a public health control as specified under 2VAC5-585-850 after complete cooking;^P and

6. Prepared and stored according to written procedures that:

a. Have obtained prior approval from the department;^Pf

b. Are maintained in the food establishment and are available to the department upon request;^Pf

c. Describe how the requirements specified under subdivisions 1 through 5 of this section are to be monitored and documented by the permit holder and the corrective actions to be taken if the requirements are not met;^Pf

d. Describe how the foods, after initial heating but prior to complete cooking, are to be marked or otherwise identified as foods that must be cooked as specified under subdivision 4 of this section prior to being offered for sale or service;^Pf and

e. Describe how the foods, after initial heating but prior to cooking as specified in subdivision 4 of this section, are to be separated from ready-to-eat foods as specified under 2VAC5-585-470 A.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-726 Manufacturer cooking instructions

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 may be consumed without cooking.^P

B. Food for which the manufacturer has provided information that the food has not been processed to control pathogens, when used in ready-to-eat foods or offered for human consumption, shall be cooked according to a time and temperature appropriate for the food.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-730 Parasite destruction

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 days) in a freezer;^P

2. Frozen at -31°F (-35°C) or below until solid and stored at -31°F (-35°C) or below for a minimum of 15 hours;^P or

3. Frozen at -31°F (-35°C) or below until solid and stored at -4°F (-20°C) or below for a minimum of 24 hours.^P

B. Subsection A of this section does not apply to:

1. Molluscan shellfish;

2. A scallop product consisting only of the shucked adductor muscle;

3. Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern);

4. Aquacultured fish, such as salmon, that:

a. If raised in open water, are raised in net pens, or

b. Are raised in land-based operations such as ponds or tanks, and

c. Are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish; or

5. Fish eggs that have been removed from the skein and rinsed.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-740 Records; creation and retention

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 are subjected and shall retain the records at the food establishment for 90 calendar days beyond the time of service or sale of the fish.^Pf

B. If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under 2VAC5-585-730 may substitute for the records specified under subsection A of this section.

C. If raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, and the fish are raised and fed as specified in 2VAC5-585-730 B 4, a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified in 2VAC5-585-730 B 4 shall be obtained by the person in charge and retained in the records of the food establishment for 90 calendar days beyond the time of service or sale of the fish.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-750 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-755 Preparation for immediate service

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-760 Reheating for hot holding

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 under subsection C of this section, time/temperature control for safety food reheated in a microwave oven for hot holding shall be reheated so that all parts of the food reach a temperature of at least 165°F (74°C) and the food is rotated or stirred, covered, and allowed to stand covered for two minutes after reheating.^P

C. Ready-to-eat time/temperature control for safety food that has been commercially processed and packaged in a food processing plant that is inspected by the regulatory authority that has jurisdiction over the plant, shall be heated to a temperature of at least 135°F (57°C) when being reheated for hot holding.^P

D. Reheating for hot holding as specified under subsections A, B, and C of this section shall be done rapidly and the time the food is between 41°F (5°C) and the temperatures specified under subsections A, B and C of this section may not exceed two hours.^P

E. Remaining unsliced portions of meat roasts that are cooked as specified under 2VAC5-585-700 B may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified under 2VAC5-585-700 B.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-765 Treating juice

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 yield a 5-log reduction of the most resistant microorganism of public health significance:^Pf

a. As specified under 2VAC5-585-900;^Pf and

b. As specified in 21 CFR 101.17(g), with the following: "WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems."^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

Article 5 Limitation of Growth of Organisms of Public Health Concern

2VAC5-585-770 Frozen food

Stored frozen foods shall be maintained frozen.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-780 Time/temperature control for safety food, slacking

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-790 Thawing

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 (21°C) or below;^Pf

b. With sufficient water velocity to agitate and float off loose particles in an overflow;^Pf and

c. For a period of time that does not allow thawed portions of ready-to-eat food to rise above 41°F (5°C);^Pf or

d. For a period of time that does not allow thawed portions of a raw animal food requiring cooking as specified under 2VAC5-585-700 A or B to be above 41°F (5°C) for more than four hours including:

(1) The time the food is exposed to the running water and the time needed for preparation for cooking;^Pf or

(2) The time it takes under refrigeration to lower the food temperature to 41°F (5°C);^Pf

3. As part of a cooking process if the food that is frozen is:

a. Cooked as specified under 2VAC5-585-700 A or B, 2VAC5-585-710, or 2VAC5-585-726;^Pf or

b. Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process;^Pf or

4. Using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for immediate service in response to an individual consumer's order.

B. Reduced oxygen packaged fish that bears a label indicating that it is to be kept frozen until time of use shall be removed from the reduced oxygen environment:

1. Prior to its thawing under refrigeration as specified in subdivision A 1 of this section; or

2. Prior to, or immediately upon completion of, its thawing using procedures specified in subdivision A 2 of this section.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-800 Cooling

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 to 41°F (5°C) or less if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.^P

C. Except as specified in subsection D of this section, a time/temperature control for safety food received in compliance with laws allowing a temperature above 41°F (5°C) during shipment from the supplier as specified in 2VAC5-585-340 B, shall be cooled within four hours to 41°F (5°C) or less.^P

D. Raw eggs shall be received as specified under 2VAC5-585-340 C and immediately placed in refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-810 Cooling methods

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 thinner portions;^Pf

3. Using rapid cooling equipment;^Pf

4. Stirring the food in a container placed in an ice water bath;^Pf

5. Using containers that facilitate heat transfer;^Pf

6. Adding ice as an ingredient;^Pf or

7. Other effective methods.^Pf

B. When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be:

1. Arranged in the equipment to provide maximum heat transfer through the container walls; and

2. Loosely covered, or uncovered if protected from overhead contamination as specified under 2VAC5-585-610 A 2, during the cooling period to facilitate heat transfer from the surface of the food.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-820 Time/temperature control for safety food; hot and cold holding

A. Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under 2VAC5-585-850, and except as specified under subsections B and C of this section, time/temperature control for safety food shall be maintained:

1. At 135°F (57°C) or above, except that roasts cooked to a temperature and for a time specified in 2VAC5-585-700 B or reheated as specified in 2VAC5-585-760 E may be held at a temperature of 130°F (54°C) or above;^P or

2. At 41°F (5°C) or less.^P

B. Eggs that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less.^P

C. Time/temperature control for safety food in a homogenous liquid form may be maintained outside of the temperature control requirements, as specified in subsection A of this section, while contained within specially designed equipment that complies with the design and construction requirements as specified under subdivision 5 of 2VAC5-585-1230.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-830 Ready-to-eat, time/temperature control for safety food; date marking

A. Except when packaging food using a reduced oxygen packaging method as specified under 2VAC5-585-870 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 for more than 24 hours shall be clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded when held at a temperature of 41°F (5°C) or less for a maximum of seven days. The day of preparation shall be counted as day one.^Pf

B. Except as specified in subsections E, F, and G of this section, refrigerated, ready-to-eat, time/temperature control for safety food prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a food establishment and if the food is held for more than 24 hours, to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, based on the temperature and time combinations specified in subsection A of this section and:^Pf

1. The day the original container is opened in the food establishment shall be counted as day one;^Pf and

2. The day or date marked by the food establishment may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety.^Pf

C. A refrigerated, ready-to-eat, time/temperature control for safety food ingredient or a portion of a refrigerated, ready-to-eat, time/temperature control for safety food that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest-prepared or first-prepared ingredient.^Pf

D. A date marking system that meets the criteria stated in subsections A and B of this section may include:

1. Using a method approved by the department for refrigerated, ready-to-eat, time/temperature control for safety food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft-serve mix or milk in a dispensing machine;

2. Marking the date or day of preparation, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified in subsection A of this section;

3. Marking the date or day the original container is opened in a food establishment, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under subsection B of this section; or

4. Using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided that the marking system is disclosed to the department upon request.

E. Subsections A and B of this section do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.

F. Subsections A and B of this section do not apply to shellstock.

G. Subsection B of this section does not apply to the following foods prepared and packaged by a food processing plant inspected by a regulatory authority:

1. Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 CFR Part 117;

2. Hard cheeses containing not more than 39% moisture as defined in 21 CFR Part 133, such as cheddar, gruyere, parmesan and reggiano, and romano;

3. Semi-soft cheese containing more than 39% moisture, but not more than 50% moisture, as defined in 21 CFR Part 133, such as blue, edam, gorgonzola, gouda, and Monterey Jack;

4. Cultured dairy products as defined in 21 CFR Part 131, such as yogurt, sour cream, and buttermilk;

5. Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products as defined in 21 CFR Part 114;

6. Shelf stable, dry fermented sausages, such as pepperoni and Genoa; and

7. Shelf stable salt-cured products such as prosciutto and Parma (ham).

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-840 Ready-to-eat, time/temperature control for safety food; disposition

A. A food specified in 2VAC5-585-830 A or B shall be discarded if it:

1. Exceeds the temperature and time combination specified in 2VAC5-585-830 A, except time that the product is frozen;^P

2. Is in a container or package that does not bear a date or day;^Por

3. Is inappropriately marked with a date or day that exceeds a temperature and time combination as specified in 2VAC5-585-830 A.^P

B. Refrigerated, ready-to-eat, time/temperature control for safety food prepared in a food establishment and dispensed through a vending machine with an automatic shutoff control shall be discarded if it exceeds a temperature and time combination as specified in 2VAC5-585-830 A.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-850 Time as a public health control

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 displayed or held for sale or service, written procedures shall be prepared in advance, maintained in the food establishment, and made available to the department upon request that specify:^Pf

1. Methods of compliance with subsection B or C of this section;^Pf and

2. Methods of compliance with 2VAC5-585-800 for food that is prepared, cooked, and refrigerated before time is used as a public health control.^Pf

B. If time without temperature control is used as the public health control up to a maximum of four hours:

1. Except as specified in subdivision B 2 of this section, the food shall have an initial temperature of 41°F (5°C) or less when removed from cold holding temperature control, 135°F (57°C) or greater when removed from hot-holding temperature control;^P

2. The food may have an initial temperature of 70°F (21°C) or less if:

a. It is a ready-to-eat (i) fruit or vegetable that, upon cutting, is rendered a time/temperature control for safety food or (ii) hermetically sealed food that, upon opening, is rendered a time/temperature control for safety food;

b. The food temperature does not exceed 70°F (21°C) within a maximum time period of four hours from the time it was rendered a time/temperature control for safety food; and

c. The food is marked or otherwise identified to indicate the time that is four hours past the point in time when the food is rendered a time/temperature control for safety food as specified in subdivision B 2 a of this section.

3. The food shall be marked or otherwise identified to indicate the time that is four hours past the point in time when the food is removed from temperature control;^Pf

4. The food shall be cooked and served; served at any temperature, if ready-to-eat; or discarded within four hours from the point in time when the food is removed from temperature control;^P and

5. The food in unmarked containers or packages or marked to exceed a four-hour limit shall be discarded.^P

C. If time without temperature control is used as the public health control up to a maximum of six hours:

1. The food shall have an initial temperature of 41°F (5°C) or less when removed from temperature control and the food temperature may not exceed 70°F (21°C) within a maximum time period of six hours;^P

2. The food shall be monitored to ensure the warmest portion of the food does not exceed 70°F (21°C) during the six-hour period, unless an ambient air temperature is maintained that ensures the food does not exceed 70°F (21°C) during the six-hour holding period;^Pf

3. The food shall be marked or otherwise identified to indicate:^Pf

a. The time when the food is removed from 41°F (5°C) or less cold holding temperature control;^Pf and

b. The time that is six hours past the point in time when the food is removed from 41°F (5°C) or less cold holding temperature control;^Pf

4. The food shall be:

a. Discarded if the temperature of the foods exceeds 70°F (21°C);^P or

b. Cooked and served, served at any temperature if ready-to-eat, or discarded within a maximum of six hours from the point in time when the food is removed from 41°F (5°C) or less cold holding temperature control;^P and

5. The food in unmarked containers or packages, or marked with a time that exceeds the six-hour limit shall be discarded.^P

D. A food establishment that serves a highly susceptible population may not use time as specified under subsection A, B, or C of this section as the public health control for raw eggs.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-860 Variance requirement

A food establishment shall obtain a variance from the department as specified in 2VAC5-585-3540 and 2VAC5-585-3541 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 components such as vinegar:^Pf

a. As a method of food preservation rather than as a method of flavor enhancement;^Pf or

b. To render a food so that it is not time/temperature control for safety food;^Pf

4. Packaging time/temperature control for safety food using a reduced oxygen packaging method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified under 2VAC5-585-870;^Pf

5. Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption;^Pf

6. Custom processing animals that are for personal use as food and not for sale or service in a food establishment;^Pf

7. Sprouting seeds or beans;^Pf or

8. Preparing food by another method that is determined by the department to require a variance.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-870 Reduced oxygen packaging without a variance; criteria

A. Except for a food establishment that obtains a variance as specified under 2VAC5-585-860, 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 and the growth of Listeria monocytogenes.^P

B. Except as specified in subsection E of this section, a food establishment that packages time/temperature control for safety food using a reduced oxygen packaging method shall implement a HACCP plan that contains the information specified under 2VAC5-585-3630 and that:^Pf

1. Identifies the food to be packaged;^Pf

2. Except as specified in subsections C and D of this section, requires that the packaged food be maintained at 41°F (5°C) or less and meet at least one of the following criteria:^Pf

a. Has an A_w of 0.91 or less;^Pf

b. Has a pH of 4.6 or less;^Pf

c. Is a meat or poultry product cured at a food processing plant regulated by the USDA using substances specified in 9 CFR 424.21 and is received in an intact package;^Pf

d. Is a food with a high level of competing organisms such as raw meat, raw poultry, or raw vegetables;^Pf or

e. Is a cheese that is commercially manufactured in a food processing plant with no ingredients added in the food establishment and that meets the Standards of Identity as specified in 21 CFR 133.150, 21 CFR 133.169, or 21 CFR 133.187;^P

3. Describes how the package shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instruction to:^Pf

a. Maintain the food at 41°F (5°C) or below;^Pf and

b. Discard the food within 30 calendar days of its packaging if it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;^Pf

4. Limits the refrigerated shelf life to no more than 30 calendar days from packaging to consumption, except the time the product is maintained frozen, or the original manufacturer's "sell by" or "use by" date, whichever occurs first;^P

5. Includes operational procedures that:

a. Prohibit contacting ready-to-eat food with bare hands as specified under 2VAC5-585-450 B;^Pf

b. Identify a designated work area and the method by which:^Pf

(1) Physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination;^Pf and

(2) Access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation;^Pf and

c. Delineate cleaning and sanitization procedures for food-contact surfaces;^Pf

6. Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:^Pf

a. Concepts required for safe operation;^Pf

b. Equipment and facilities;^Pf and

c. Procedures specified under subdivision 3 of this subsection and 2VAC5-585-3630;^Pfand

7. Is provided to the department prior to implementation as specified under subsection B of 2VAC5-585-3620.

C. Except for fish that is frozen before, during, and after packaging and that bears a label indicating that it is to be kept frozen until time of use, a food establishment may not package fish using a reduced oxygen packaging method.^P

D. Except as specified in subsections C and F of this section, a food establishment that packages time/temperature control for safety food using a cook-chill or sous vide process shall:

1. Provide to the department prior to implementation, a HACCP plan that contains the information as specified under 2VAC5-585-3630;^Pf

2. Ensure the food is:

a. Prepared and consumed on the premises, or prepared and consumed off the premises but within the same business entity with no distribution or sale of the packaged product to another business entity or the consumer;^Pf

b. Cooked to heat all parts of the food to a temperature and for a time as specified under 2VAC5-585-700 A, B, and C;^P

c. Protected from contamination before and after cooking as specified in 2VAC5-585-450 through 2VAC5-585-765;^P

d. Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking, and before reaching a temperature below 135°F (57°C);^P

e. Cooled to 41°F (5°C) in the sealed package or bag as specified under 2VAC5-585-800; and ^P

(1) Cooled to 34°F (1°C) within 48 hours of reaching 41°F (5°C) and held at that temperature until consumed or discarded within 30 calendar days after the date of packaging;^P

(2) Held at 41°F (5°C) or less for no more than seven calendar days, at which time the food must be consumed or discarded;^P

(3) Cooled to 34°F (1°C) within 48 hours of reaching 41°F (5°C), removed from refrigeration equipment that maintains a 34°F (1°C) food temperature, and then held at 41°F (5°C) or less for no more than seven calendar days, not to exceed 30 calendar days from its date of packaging, at which time the food must be consumed or discarded;^P or

(4) Held frozen with no shelf-life restriction while frozen until consumed or used;^P

f. Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily;^Pf

g. If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation;^Pf and

h. Labeled with the product name and the date packaged;^Pf and

3. Maintain the records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as part of the HACCP plan and:

a. Make such records available to the department upon request;^Pf and

b. Hold such records for at least six months;^Pf and

4. Implement written operational procedures as specified under subdivision B 3 of this section and a training program as specified under subdivision B 4 of this section.^Pf

E. Except as specified in subsection F of this section, a food establishment that packages cheese using a reduced oxygen packaging method shall:

1. Limit the cheeses packaged to those that (i) are commercially manufactured in a food processing plant; (ii) contain no ingredients added in the food establishment; and (iii) meet the Standards of Identity as specified in 21 CFR 133.150, 21 CFR 133.169, or 21 CFR 133.187;^P

2. Have a HACCP plan that contains the information specified in subdivisions 3 and 4 of 2VAC5-585-3630 and as specified in subdivisions B 1, B 3 a, B 5, and B 6 of this section;^Pf

3. Label the package on the principal display panel with a "use by" date that does not exceed (i) 30 days from its packaging or (ii) the original manufacturer's "sell by" or "use by" date, whichever occurs first;^Pf and

4. Discard the reduced oxygen packaged cheese if it is not sold for off-premises consumption or consumed within 30 calendar days of its packaging.^Pf

F. A HACCP plan is not required when a food establishment uses a reduced oxygen packaging method to package time/temperature control for safety food that is always:

1. Labeled with the production time and date;

2. Held at 41°F (5°C) or less during refrigerated storage; and

3. Removed from its packaging in the food establishment within 48 hours after packaging.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

Article 6 Food Identity, Presentation, and On-Premises Labeling

2VAC5-585-880 Standards of identity

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-890 Honestly presented

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 may not be used to misrepresent the true appearance, color, or quality of a food.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-900 Food labels

A. Food packaged in a food establishment shall be labeled as specified in law, 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 descriptive identity statement;

2. If made from two or more ingredients, a list of ingredients and subingredients in descending order of predominance by weight, including a declaration of artificial colors, artificial flavors, and chemical preservatives, if contained in the food;

3. An accurate declaration of the net quantity of contents;

4. The name and place of business of the manufacturer, packer, or distributor;

5. The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient;^Pf

6. Except as exempted in the Federal Food, Drug, and Cosmetic Act 21 USC § 403(g)(3) through (5), nutrition labeling as specified in 21 CFR Part 101 and 9 CFR Part 317, Subpart B; and

7. For any salmonid fish containing canthaxanthin or astaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin or astaxanthin.

C. Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:

1. The manufacturer's or processor's label that was provided with the food; or

2. A card, sign, or other method of notification that includes the information specified under subdivisions B 1, 2, 5, and 6 of this section.

D. Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:

1. A health, nutrient content, or other claim is not made;

2. There are no state or local laws requiring labeling; and

3. The food is manufactured or prepared on the premises of the food establishment or at another food establishment or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-910 Other forms of information

A. If required by law, consumer warnings shall be provided.

B. Food establishment or manufacturers' dating information on foods may not be concealed or altered.

C. The permit holder shall notify consumers by written notification of the presence of major allergens as an ingredient in unpackaged food items that are served or sold to the consumer.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-920 (Reserved)

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-930 Consumer advisory; consumption of animal foods that are raw, undercooked, or not otherwise processed to eliminate pathogens

A. Except as specified in 2VAC5-585-700 C and 2VAC5-585-700 D 4 and under subdivision 3 of 2VAC5-585-950, if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permit holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in subsections B and C of this section, using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.^Pf

B. Disclosure shall include:

1. A description of the animal-derived foods, such as "oysters on the half shell (raw oysters)," "raw-egg Caesar salad," and "hamburgers (can be cooked to order)";^Pf or

2. Identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients.^Pf

C. Reminder shall include asterisking the animal-derived foods requiring disclosure to a footnote that states:

1. Regarding the safety of these items, written information is available upon request;^Pf

2. Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness;^Pf or

3. Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

Article 7 Contaminated Food

2VAC5-585-940 Discarding or reconditioning unsafe, adulterated, or contaminated food

A. A food that is unsafe, adulterated, or not honestly presented as specified under 2VAC5-585-260 shall be discarded or reconditioned according to an approved procedure.^P

B. Food that is not from an approved source as specified under 2VAC5-585-270 through 2VAC5-585-330 shall be discarded.^P

C. Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified under 2VAC5-585-90 shall be discarded.^P

D. Food that is contaminated by food employees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means shall be discarded.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

Article 8 Special Requirements for Highly Susceptible Populations

2VAC5-585-950 Pasteurized foods, prohibited reservice, and prohibited food

In a food establishment that serves a highly susceptible population:

1. The following criteria apply to juice:

a. For the purposes of subdivision 1 of this section only, children who are age nine years or younger and receive food in a school, day care setting, or similar facility that provides custodial care are included as highly susceptible populations;

b. Prepackaged juice or a prepackaged beverage containing juice that bears a warning label as specified in 21 CFR 101.17(g) or a packaged juice or beverage containing juice that bears a warning label as specified under subdivision 2 of 2VAC5-585-765 may not be served or offered for sale;^P and

c. Unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form shall be processed under a HACCP plan that contains the information specified in 2VAC5-585-3630 and as specified in 21 CFR 120.24.^P

2. Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of:^P

a. Foods such as Caesar salad, hollandaise or béarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages;^P and

b. Except as specified in subdivision 6 of this section, recipes in which more than one egg is broken and the eggs are combined.^P

3. The following foods may not be served or offered for sale in a ready-to-eat form:^P

a. Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare;^P

b. A partially cooked animal food such as lightly cooked fish, rare meat, soft-cooked eggs that are made from raw eggs, and meringue;^P

c. Raw seed sprouts;^P and

d. Packaged foods subject to 2VAC5-585-726 that are not cooked in accordance with that section.

4. Food employees may not contact ready-to-eat food as specified in 2VAC5-585-450 B and E.^P

5. Time only, as the public health control as specified under 2VAC5-585-850 D, may not be used for raw eggs.^P

6. Subdivision 2 b of this section does not apply if:

a. The raw eggs are combined immediately before cooking for one consumer's serving at a single meal, cooked as specified under 2VAC5-585-700 A 1, and served immediately, such as an omelet, soufflé, or scrambled eggs;

b. The raw eggs are combined as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread; or

c. The preparation of the food is conducted under a HACCP plan that:

(1) Identifies the food to be prepared;

(2) Prohibits contacting ready-to-eat food with bare hands;

(3) Includes specifications and practices that ensure:

(a) Salmonella Enteritidis growth is controlled before and after cooking; and

(b) Salmonella Enteritidis is destroyed by cooking the eggs according to the temperature and time specified in 2VAC5-585-700 A 2;

(4) Contains the information specified under subdivision 5 of 2VAC5-585-3630 including procedures that:

(a) Control cross contamination of ready-to-eat food with raw eggs; and

(b) Delineate cleaning and sanitization procedures for food-contact surfaces; and

(5) Describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used.

7. Except as specified in subdivision 8 of this section, food may be re-served as specified under 2VAC5-585-680 B 1 and 2.

8. Food may not be re-served under the following conditions:

a. Any food served to patients or clients who are under contact precautions in medical isolation or quarantine, or protective environment isolation may not be re-served to others outside.

b. Packages of food from any patients, clients, or other consumers should not be re-served to persons in protective environment isolation.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

Article 1 Materials for Construction and Repair

2VAC5-585-960 Multiuse, characteristics

Materials that are used in the construction of utensils and food-contact surfaces of equipment may 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, and nonabsorbent;

3. Sufficient in weight and thickness to withstand repeated warewashing;

4. Finished to have a smooth, easily cleanable surface;and

5. Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-970 Cast iron, use limitation

A. Except as specified in subsections B and C of this section, cast iron may 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 part of an uninterrupted process from cooking through service.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-980 Lead use limitation

A. Ceramic, china, and 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 Description | Maximum Lead (mg/L) (ppm) | | --- | --- | --- | | Beverage Mugs, Cups, Pitchers | Coffee Mugs | 0.5 | | Large Hollowware (excluding pitchers) | Bowls ≥1.1 Liter (1.16 Quart) | 1.0 | | Small Hollowware (excluding cups and mugs) | Bowls <1.1 Liter (1.16 Quart) | 2.0 | | Flat Tableware | Plates, Saucers | 3.0 |

B. Pewter alloys containing lead in excess of 0.05% may not be used as a food-contact surface.^P

C. Solder and flux containing lead in excess of 0.2% may not be used as a food-contact surface.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-990 Copper, use limitation

A. Except as specified in subsections B and C of this section, copper and copper alloys such as brass may not be used in contact with a food that has a pH below 6.0 such as vinegar, fruit juice, or wine or for a fitting or tubing installed between a backflow prevention device and a carbonator.^P

B. Copper and copper alloys may be used in contact with beer brewing ingredients that have a pH below 6.0 in the prefermentation and fermentation steps of a beer brewing operation such as a brewpub or microbrewery.

C. Copper and copper alloys may be used in contact with apple butter and molasses that have a pH below 6.0 during the typical processing times (i.e., mixing, cooking, and cooling) for these products, as long as laboratory analysis does not reveal excessive levels of copper or other heavy metals in the finished product. Apple butter and molasses may not be held or stored in copper or copper alloys for time periods any longer than the typical processing times for these products.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1000 Galvanized metal, use limitation

Galvanized metal may not be used for utensils or food-contact surfaces of equipment that are used in contact with acidic food.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1010 Sponges, use limitation

Sponges may not be used in contact with cleaned and sanitized or in-use food-contact surfaces.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1020 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-1030 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-1040 Wood, use limitation

A. Except as specified in subsections B, C, and D of this section, wood and wood wicker may not be used as a food-contact surface.

B. Hard maple or an equivalently hard, close-grained wood may be used for:

1. Cutting boards; cutting blocks; bakers' tables; and utensils such as rolling pins, doughnut dowels, salad bowls, and chopsticks; and

2. Wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of 230°F (110°C) or above.

C. Whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used.

D. If the nature of the food requires removal of rinds, peels, husks, or shells before consumption, the whole, uncut, raw food may be kept in:

1. Untreated wood containers; or

2. Treated wood containers if the containers are treated with a preservative that meets the requirements specified in 21 CFR 178.3800.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1050 Nonstick coatings, use limitation

Multiuse kitchenware such as frying pans, griddles, sauce pans, cookie sheets, and waffle bakers that have a perfluorocarbon resin coating shall be used with nonscoring or nonscratching utensils and cleaning aids.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1060 Nonfood-contact surfaces

Nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning shall be constructed of a corrosion-resistant, nonabsorbent, and smooth material.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1070 Single-service and single-use, characteristics

Materials that are used to make single-service and single-use articles:

1. May not:

a. Allow the migration of deleterious substances;^P or

b. Impart colors, odors, or tastes to food.

2. Shall be:

a. Safe;^P and

b. Clean.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

Article 2 Design and Construction

2VAC5-585-1080 Equipment and utensils

Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1090 Food temperature measuring devices

Food temperature measuring devices may not have sensors or stems constructed of glass, except that thermometers with glass sensors or stems that are encased in a shatterproof coating such as candy thermometers may be used.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1100 Food-contact surfaces; cleanability

A. Multiuse food-contact surfaces shall be:

1. Smooth;^Pf

2. Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections;^Pf

3. Free of sharp internal angles, corners, and crevices;^Pf

4. Finished to have smooth welds and joints;^Pf and

5. Except as specified in subsection B of this section, accessible for cleaning and inspection by one of the following methods:

a. Without being disassembled;^Pf

b. By disassembling without the use of tools;^Pf or

c. By easy disassembling with the use of handheld tools commonly available to maintenance and cleaning personnel such as screwdrivers, pliers, open-end wrenches, and Allen wrenches.^Pf

B. Subdivision A 5 of this section does not apply to cooking oil storage tanks, distribution lines for cooking oils, or beverage syrup lines or tubes.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1110 CIP equipment

A. CIP equipment shall meet the characteristics specified under 2VAC5-585-1100 and shall be designed and constructed so that:

1. Cleaning and sanitizing solutions circulate throughout a fixed system and contact all interior food-contact surfaces;^Pf and

2. The system is self-draining or capable of being completely drained of cleaning and sanitizing solutions.

B. CIP equipment that is not designed to be disassembled for cleaning shall be designed with inspection access points to ensure that all interior food-contact surfaces throughout the fixed system are being effectively cleaned.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1120 "V" threads, use limitation

Except for hot oil cooking or filtering equipment, "V" type threads may not be used on food-contact surfaces.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1130 Hot oil filtering equipment

Hot oil filtering equipment shall meet the characteristics specified under 2VAC5-585-1100 or 2VAC5-585-1110 and shall be readily accessible for filter replacement and cleaning of the filter.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1140 Can openers

Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1150 Nonfood-contact surfaces

Nonfood-contact surfaces shall be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1160 Kick plates; removable

Kick plates shall be designed so that the areas behind them are accessible for inspection and cleaning by being:

1. Removable by one of the methods specified under 2VAC5-585-1100 A 5 or capable of being rotated open; and

2. Removable or capable of being rotated open without unlocking equipment doors.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1170 Ventilation hood systems; filters

Filters or other grease extracting equipment shall be designed to be readily removable for cleaning and replacement if not designed to be cleaned in place.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1180 Temperature measuring devices; food

A. Food temperature measuring devices that are scaled only in Fahrenheit shall be accurate to plus or minus 2°F in the intended range of use.^Pf

B. Food temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit shall be accurate to plus or minus 1°C in the intended range of use.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-1190 Temperature measuring devices; ambient air and water

A. Ambient air and water temperature measuring devices that are scaled only in Fahrenheit shall be accurate to plus or minus 3°F in the intended range of use.^Pf

B. Ambient air and water temperature measuring devices that are scaled in Celsius or dually scaled in Celsius and Farenheit shall be designed to be easily readable and accurate to plus or minus 1.5°C in the intended range of use.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Errata 37:23 VA.R. 3482 July 5, 2021.

2VAC5-585-1200 Pressure measuring devices, mechanical warewashing equipment

Pressure measuring devices that display the pressures in the water supply line for the fresh hot water sanitizing rinse shall have increments of one pound per square inch (seven kilopascals) or smaller and shall be accurate to ± 2 pounds per square inch (± 14 kilopascals) in the range indicated on the manufacturer's data plate.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-1210 Ventilation hood systems, drip prevention

Exhaust ventilation hood systems in food preparation and warewashing areas including components such as hoods, fans, guards, and ducting shall be designed to prevent grease or condensation from draining or dripping onto food, equipment, utensils, linens, and single-service and single-use articles.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1220 Equipment openings, closures and deflectors

A. A cover or lid for equipment shall overlap the opening and be sloped to drain.

B. An opening located within the top of a unit of equipment that is designed for use with a cover or lid shall be flanged upward at least two-tenths of an inch (five millimeters).

C. Except as specified under subsection D of this section, fixed piping, temperature measuring devices, rotary shafts, and other parts extending into equipment shall be provided with a watertight joint at the point where the item enters the equipment.

D. If a watertight joint is not provided:

1. The piping, temperature measuring devices, rotary shafts, and other parts extending through the openings shall be equipped with an apron designed to deflect condensation, drips, and dust from openings into the food; and

2. The opening shall be flanged as specified under subsection B of this section.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1230 Dispensing equipment, protection of equipment and food

In equipment that dispenses or vends liquid food or ice in unpackaged form:

1. The delivery tube, chute, orifice, and splash surfaces directly above the container receiving the food shall be designed in a manner, such as with barriers, baffles, or drip aprons, so that drips from condensation and splash are diverted from the opening of the container receiving the food.

2. The delivery tube, chute, and orifice shall be protected from manual contact such as by being recessed.

3. The delivery tube or chute and orifice of equipment used to vend liquid food or ice in unpackaged form to self-service consumers shall be designed so that the delivery tube or chute and orifice are protected from dust, insects, rodents, and other contamination by a self-closing door if the equipment is:

a. Located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment; or

b. Available for self-service during hours when it is not under the full-time supervision of a food employee.

4. The dispensing equipment actuating lever or mechanism and filling device of consumer self-service beverage dispensing equipment shall be designed to prevent contact with the lip-contact surface of glasses or cups that are refilled.

5. Dispensing equipment in which time/temperature control for safety food in homogenous liquid form is maintained outside of the temperature control requirements as specified in 2VAC5-585-820 A shall:

a. Be specifically designed and equipped to maintain the commercial sterility of aseptically packaged food in a homogenous liquid form for a specified duration from the time of opening the packaging within the equipment;^P and

b. Conform to the requirements for this equipment as specified in NSF/ANSI 18-2016 Manual Food and Beverage Dispensing Equipment, 2016, (NSF International).^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-1240 Vending machine, vending stage closure

The dispensing compartment of a vending machine including a machine that is designed to vend prepackaged snack food that is not time/temperature control for safety food such as chips, party mixes, and pretzels shall be equipped with a self-closing door or cover if the machine is:

1. Located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment; or

2. Available for self-service during hours when it is not under the full-time supervision of a food employee.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1250 Bearings and gear boxes, leakproof

Equipment containing bearings and gears that require lubricants shall be designed and constructed so that the lubricant cannot leak, drip, or be forced into food or onto food-contact surfaces.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1260 Beverage tubing, separation

Except for cold plates that are constructed integrally with an ice storage bin, beverage tubing and cold-plate beverage cooling devices may not be installed in contact with stored ice.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-1270 Ice units, separation of drains

Liquid waste drain lines may not pass through an ice machine or ice storage bin.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1280 Condenser unit, separation

If a condenser unit is an integral component of equipment, the condenser unit shall be separated from the food and food storage space by a dustproof barrier.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1290 Can openers on vending machines

Cutting or piercing parts of can openers on vending machines shall be protected from manual contact, dust, insects, rodents, and other contamination.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1300 Molluscan shellfish tanks

A. Except as specified under subsection B of this section, molluscan shellfish life-support system display tanks may not be used to store or display shellfish that are offered for human consumption and shall be conspicuously marked so that it is obvious to consumers that the shellfish are for display only.^P

B. Molluscan shellfish life-support system display tanks that are used to store or display shellfish that are offered for human consumption shall be operated and maintained in accordance with a variance granted by the department as specified in 2VAC5-585-3540 and a HACCP plan that:^Pf

1. Is submitted by the permit holder and approved as specified under 2VAC5-585-3541;^Pf and

2. Ensures that:

a. Water used with fish other than molluscan shellfish does not flow into the molluscan tank;^Pf

b. The safety and quality of the shellfish as they were received are not compromised by the use of the tank;^Pf and

c. The identity of the source of the shellstock is retained as specified under 2VAC5-585-440.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-1310 Vending machines, automatic shutoff

A. A machine vending time/temperature control for safety food shall have an automatic control that prevents the machine from vending food:

1. If there is a power failure, mechanical failure, or other condition that results in an internal machine temperature that cannot maintain food temperatures as specified under Part III (2VAC5-585-260 et seq.) of this chapter;^P and

2. If a condition specified under subdivision 1 of this subsection occurs, until the machine is serviced and restocked with food that has been maintained at temperatures specified under Part III (2VAC5-585-260 et seq.) of this chapter.^P

B. When the automatic shutoff within a machine vending time/temperature control for safety food is activated:

1. In a refrigerated vending machine, the ambient temperature may not exceed 41°F (5°C) for more than 30 minutes immediately after the machine is filled, serviced, or restocked;^P or

2. In a hot holding vending machine, the ambient temperature may not be less than 135°F (57°C) for more than 120 minutes immediately after the machine is filled, serviced, or restocked.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-1320 Temperature measuring devices

A. In a mechanically refrigerated or hot food storage unit, the sensor of a temperature measuring device shall be located to measure the air temperature or a simulated product temperature in the warmest part of a mechanically refrigerated unit and in the coolest part of a hot food storage unit.

B. Except as specified in subsection C of this section, cold or hot holding equipment used for time/temperature control for safety food shall be designed to include and shall be equipped with at least one integral or affixed temperature measuring device that is located to allow easy viewing of the device's temperature display.

C. Subsection B of this section does not apply to equipment for which the placement of a temperature measuring device is not a practical means for measuring the ambient air surrounding the food because of the design, type, and use of the equipment, such as calrod units, heat lamps, cold plates, bain-maries, steam tables, insulated food transport containers, and salad bars.

D. Temperature measuring devices shall be designed to be easily readable.

E. Food temperature measuring devices and water temperature measuring devices on warewashing machines shall have a numerical scale, printed record, or digital readout in increments no greater than 2°F or 1°C in the intended range of use.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1330 Warewashing machine, data plate operating specifications

A warewashing machine shall be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer that indicates the machine's design and operation specifications including the:

1. Temperatures required for washing, rinsing, and sanitizing;

2. Pressure required for the fresh water sanitizing rinse unless the machine is designed to use only a pumped sanitizing rinse; and

3. Conveyor speed for conveyor machines or cycle time for stationary rack machines.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1340 Warewashing machines, internal baffles

Warewashing machine wash and rinse tanks shall be equipped with baffles, curtains, or other means to minimize internal cross contamination of the solutions in wash and rinse tanks.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1350 Warewashing machines, temperature measuring devices

A warewashing machine shall be equipped with a temperature measuring device that indicates the temperature of the water:

1. In each wash and rinse tank;^Pf and

2. As the water enters the hot water sanitizing final rinse manifold or in the chemical sanitizing solution tank.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1360 Manual warewashing equipment, heaters and baskets

If hot water is used for sanitization in manual warewashing operations, the sanitizing compartment of the sink shall be:

1. Designed with an integral heating device that is capable of maintaining water at a temperature not less than 171°F (77°C);^Pf and

2. Provided with a rack or basket to allow complete immersion of equipment and utensils into the hot water.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1370 Warewashing machines, automatic dispensing of detergents and sanitizers

A warewashing machine shall be equipped to:

1. Automatically dispense detergents and sanitizers;^Pf and

2. Incorporate a visual means to verify that detergents and sanitizers are delivered or a visual or audible alarm to signal if the detergents and sanitizers are not delivered to the respective washing and sanitizing cycles.^Pf

History

• Statutory Authority: Statutory Authority § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1380 Warewashing machines, flow pressure device

A. Warewashing machines that provide a fresh hot water sanitizing rinse shall be equipped with a pressure gauge or similar device such as a transducer that measures and displays the water pressure in the supply line immediately before entering the warewashing machine.

B. If the flow pressure measuring device is upstream of the fresh hot water sanitizing rinse control valve, the device shall be mounted in a one-fourth inch or 6.4 millimeter Iron Pipe Size (IPS) valve.

C. Subsections A and B of this section do not apply to a machine that uses only a pumped or recirculated sanitizing rinse.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1390 Warewashing sinks and drainboards, self-draining

Sinks and drainboards of warewashing sinks and machines shall be self-draining.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1400 Equipment compartments, drainage

Equipment compartments that are subject to accumulation of moisture due to conditions such as condensation, food or beverage drip, or water from melting ice shall be sloped to an outlet that allows complete draining.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1410 Vending machines, liquid waste products

A. Vending machines designed to store beverages that are packaged in containers made from paper products shall be equipped with diversion devices and retention pans or drains for container leakage.

B. Vending machines that dispense liquid food in bulk shall be:

1. Provided with an internally mounted waste receptacle for the collection of drip, spillage, overflow, or other internal wastes; and

2. Equipped with an automatic shutoff device that will place the machine out of operation before the waste receptacle overflows.

C. Shutoff devices specified under subdivision B 2 of this section shall prevent water or liquid food from continuously running if there is a failure of a flow control device in the water or liquid food system or waste accumulation that could lead to overflow of the waste receptacle.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1420 Case lot handling apparatuses, movability

Apparatuses, such as dollies, pallets, racks, and skids used to store and transport large quantities of packaged foods received from a supplier in a cased or overwrapped lot, shall be designed to be moved by hand or by conveniently available equipment such as hand trucks and forklifts.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-1430 Vending machine doors and openings

A. Vending machine doors and access opening covers to food and container storage spaces shall be tight-fitting so that the space along the entire interface between the doors or covers and the cabinet of the machine, if the doors or covers are in a closed position, is no greater than one-sixteenth inch or 1.5 millimeters by:

1. Being covered with louvers, screens, or materials that provide an equivalent opening of not greater than one-sixteenth inch or 1.5 millimeters. Screening of 12 mesh to one inch (12 or more mesh to 2.5 centimeters) meets this requirement;

2. Being effectively gasketed;

3. Having interface surfaces that are at least one-half inch wide or 13 millimeters; or

4. Jambs or surfaces used to form an L-shaped entry path to the interface.

B. Vending machine service connection openings through an exterior wall of a machine shall be closed by sealants, clamps, or grommets so that the openings are no larger than one-sixteenth inch or 1.5 millimeters.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-1435 Food equipment, certification and classification

Food equipment that is certified or classified for sanitation in conformance to a recognized American National Standard by an American National Standards Institute accredited certification program is deemed to comply with the requirements of Articles 1 (2VAC5-585-960 et seq.) and 2 (2VAC5-585-1080 et seq.) of this part.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-1440 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

Article 3 Numbers and Capacities

2VAC5-585-1450 Cooling, heating, and holding capacities

Equipment for cooling and heating food, and holding cold and hot food, shall be sufficient in number and capacity to provide food temperatures as specified under Part III (2VAC5-585-260 et seq.) of this chapter.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1460 Manual warewashing, sink compartment requirements

A. Except as specified in subsection C of this section, a sink with at least three compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils.^Pf

B. Sink compartments shall be large enough to accommodate immersion of the largest equipment and utensils. If equipment or utensils are too large for the warewashing sink, a warewashing machine or alternative equipment as specified in subsection C of this section shall be used.^Pf

C. Alternative manual warewashing equipment may be used when there are special cleaning needs or constraints and its use is approved. Alternative manual warewashing equipment may include:

1. High-pressure detergent sprayers;

2. Low-pressure or line-pressure spray detergent foamers;

3. Other task-specific cleaning equipment;

4. Brushes or other implements;

5. Two-compartment sinks as specified under subsections D and E of this section; or

6. Receptacles that substitute for the compartments of a multicompartment sink.

D. Before a two-compartment sink is used:

1. The permit holder shall have its use approved; and

2. The permit holder shall limit the number of kitchenware items cleaned and sanitized in the two-compartment sink, shall limit warewashing to batch operations for cleaning kitchenware such as between cutting one type of raw meat and another or cleanup at the end of a shift, and shall:

a. Make up the cleaning and sanitizing solutions immediately before use and drain them immediately after use; and

b. Use a detergent-sanitizer to sanitize and apply the detergent-sanitizer in accordance with the manufacturer's label instructions and as specified under 2VAC5-585-1710; or

c. Use a hot water sanitization immersion step as specified under subdivision 3 of 2VAC5-585-1860.

E. A two-compartment sink may not be used for warewashing operations where cleaning and sanitizing solutions are used for a continuous or intermittent flow of kitchenware or tableware in an ongoing warewashing process.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-1470 Drainboards

Drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary utensil holding before cleaning and after sanitizing.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1480 Ventilation hood systems, adequacy

Ventilation hood systems and devices shall be sufficient in number and capacity to prevent grease or condensation from collecting on walls and ceilings.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1490 Clothes washers and dryers

A. Except as specified in subsection B of this section, if work clothes or linens are laundered on the premises, a mechanical clothes washer and dryer shall be provided and used.

B. If on-premises laundering is limited to wiping cloths intended to be used moist, or wiping cloths are air-dried as specified under 2VAC5-585-1970, a mechanical clothes washer and dryer need not be provided.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1500 Utensils, consumer self-service

A food dispensing utensil shall be available for each container displayed at a consumer self-service unit such as a buffet or salad bar.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1510 Food temperature measuring devices

A. Food temperature measuring devices shall be provided and readily accessible for use in ensuring attainment and maintenance of food temperatures as specified under Part III (2VAC5-585-260 et seq.) of this chapter.^Pf

B. A temperature measuring device with a suitable small-diameter probe that is designed to measure the temperature of thin masses shall be provided and readily accessible to accurately measure the temperature in thin foods such as meat patties and fish fillets.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1520 Temperature measuring devices, manual and mechanical warewashing

A. In manual warewashing operations, a temperature measuring device shall be provided and readily accessible for frequently measuring the washing and sanitizing temperatures.^Pf

B. In hot water mechanical warewashing operations, an irreversible registering temperature indicator shall be provided and readily accessible for measuring the utensil surface temperature.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1530 Sanitizing solutions, testing devices

A test kit or other device that accurately measures the concentration in mg/L (ppm) of sanitizing solutions shall be provided.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1535 Cleaning agents and sanitizers; availability

A. Cleaning agents that are used to clean equipment and utensils as specified under Article 6 (2VAC5-585-1770 et seq.) of this part shall be provided and available for use during all hours of operation.^Pf

B. Except for those that are generated on site at the time of use, chemical sanitizers that are used to sanitize equipment and utensils as specified under Article 7 (2VAC5-585-1885 et seq.) of this part shall be provided and available for use during all hours of operation.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

Article 4 Location and Installation

2VAC5-585-1540 Equipment, clothes washers and dryers, and storage cabinets, contamination prevention

A. Except as specified in subsection B of this section, equipment, a cabinet used for the storage of food, or a cabinet used to store cleaned and sanitized equipment, utensils, laundered linens, and single-service and single-use articles may not be located:

1. In locker rooms;

2. In toilet rooms;^Pf

3. In garbage rooms;

4. In mechanical rooms;

5. Under sewer lines that are not shielded to intercept potential drips;

6. Under leaking water lines including leaking automatic fire sprinkler heads or under lines on which water has condensed;

7. Under open stairwells; or

8. Under other sources of contamination.

B. A storage cabinet used for linens or single-service or single-use articles may be stored in a locker room.

C. If a mechanical clothes washer or dryer is provided, it shall be located (i) so that the washer or dryer is protected from contamination and (ii) only where there is no exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-1550 Fixed equipment, spacing or sealing

A. Equipment that is fixed because it is not easily movable shall be installed so that it is:

1. Spaced to allow access for cleaning along the sides, behind, and above the equipment;

2. Spaced from adjoining equipment, walls, and ceilings a distance of not more than 1/32 inch or one millimeter; or

3. Sealed to adjoining equipment or walls, if the equipment is exposed to spillage or seepage.

B. Counter-mounted equipment that is not easily movable shall be installed to allow cleaning of the equipment and areas underneath and around the equipment by being:

1. Sealed; or

2. Elevated on legs as specified under 2VAC5-585-1560 D.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1560 Fixed equipment, elevation or sealing

A. Except as specified in subsections B and C of this section, floor-mounted equipment that is not easily movable shall be sealed to the floor or elevated on legs that provide at least a six-inch (15-centimeter) clearance between the floor and the equipment.

B. If no part of the floor under the floor-mounted equipment is more than six inches (15 centimeters) from the point of cleaning access, the clearance space may be only four inches (10 centimeters).

C. This section does not apply to display shelving units, display refrigeration units, and display freezer units located in the consumer shopping areas of a retail food store, if the floor under the units is maintained clean.

D. Except as specified in subsection E of this section, counter-mounted equipment that is not easily movable shall be elevated on legs that provide at least a four-inch (10-centimeter) clearance between the table and the equipment.

E. The clearance space between the table and counter-mounted equipment may be:

1. Three inches (7.5 centimeters) if the horizontal distance of the table top under the equipment is no more than 20 inches (50 centimeters) from the point of access for cleaning; or

2. Two inches (5 centimeters) if the horizontal distance of the table top under the equipment is no more than three inches (7.5 centimeters) from the point of access for cleaning.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

Article 5 Maintenance and Operation

2VAC5-585-1570 Good repair and proper adjustment

A. Equipment shall be maintained in a state of repair and condition that meets the requirements specified under Articles 1 (2VAC5-585-960 et seq.) and 2 (2VAC5-585-1080 et seq.) of this part.

B. Equipment components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturer's specifications.

C. Cutting or piercing parts of can openers shall be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1580 Cutting surfaces

Surfaces such as cutting blocks and boards that are subject to scratching and scoring shall be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded if they are not capable of being resurfaced.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1590 Microwave ovens

Microwave ovens shall meet the safety standards specified in 21 CFR 1030.10.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1600 Warewashing equipment, cleaning frequency

A warewashing machine; the compartments of sinks, basins, or other receptacles used for washing and rinsing equipment, utensils, or raw foods, or laundering wiping cloths; and drainboards or other equipment used to substitute for drainboards as specified under 2VAC5-585-1470 shall be cleaned:

1. Before use;

2. Throughout the day at a frequency necessary to prevent recontamination of equipment and utensils and to ensure that the equipment performs its intended function; and

3. If used, at least every 24 hours.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1610 Warewashing machines, manufacturers' operating instructions

A. A warewashing machine and its auxiliary components shall be operated in accordance with the machine's data plate and other manufacturer's instructions.

B. A warewashing machine's conveyor speed or automatic cycle times shall be maintained accurately timed in accordance with manufacturer's specifications.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1620 Warewashing sinks, use limitation

A. A warewashing sink may not be used for handwashing as specified under 2VAC5-585-170.

B. If a warewashing sink is used to wash wiping cloths, wash produce, or thaw food, the sink shall be cleaned as specified under 2VAC5-585-1600 before and after each time it is used to wash wiping cloths or wash produce or thaw food. Sinks used to wash or thaw food shall be sanitized as specified under Article 7 (2VAC5-585-1885 et seq.) of this part before and after using the sink to wash produce or thaw food.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-1630 Warewashing equipment, cleaning agents

When used for warewashing, the wash compartment of a sink, mechanical warewasher, or wash receptacle of alternative manual warewashing equipment as specified in 2VAC5-585-1460 C, shall contain a wash solution of soap, detergent, acid cleaner, alkaline cleaner, degreaser, abrasive cleaner, or other cleaning agent according to the cleaning agent manufacturer's label instructions.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1640 Warewashing equipment, clean solutions

The wash, rinse, and sanitize solutions shall be maintained clean.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1650 Manual warewashing equipment, wash solution temperature

The temperature of the wash solution in manual warewashing equipment shall be maintained at not less than 110°F (43°C) or the temperature specified on the cleaning agent manufacturer's label instructions.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1660 Mechanical warewashing equipment, wash solution temperature

A. The temperature of the wash solution in spray type warewashers that use hot water to sanitize may not be less than:

1. For a stationary rack, single temperature machine, 165°F (74°C);^Pf

2. For a stationary rack, dual temperature machine, 150°F (66°C);^Pf

3. For a single tank, conveyor, dual temperature machine, 160°F (71°C);^Pf or

4. For a multitank, conveyor, multitemperature machine, 150°F (66°C).^Pf

B. The temperature of the wash solution in spray-type warewashers that use chemicals to sanitize may not be less than 120°F (49°C).^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1670 Manual warewashing equipment, hot water sanitization temperatures

If immersion in hot water is used for sanitizing in a manual operation, the temperature of the water shall be maintained at 171°F (77°C) or above.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1680 Mechanical warewashing equipment, hot water sanitization temperatures

A. Except as specified in subsection B of this section, in a mechanical operation, the temperature of the fresh hot water sanitizing rinse as it enters the manifold may not be more than 194°F (90°C), or less than:^Pf

1. For a stationary rack, single temperature machine, 165°F (74°C);^Pf or

2. For all other machines, 180°F (82°C).^Pf

B. The maximum temperature specified under subsection A of this section does not apply to the high pressure and temperature systems with wand-type, hand-held, spraying devices used for the in-place cleaning and sanitizing of equipment such as meat saws.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1690 Mechanical warewashing equipment, sanitization pressure

The flow pressure of the fresh hot water sanitizing rinse in a warewashing machine, as measured in the water line immediately downstream or upstream from the fresh hot water sanitizing rinse control valve, shall be within the range specified on the machine manufacturer's data plate and may not be less than five pounds per square inch (35 kilopascals) or more than 30 pounds per square inch (200 kilopascals).

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-1700 Manual and mechanical warewashing equipment, chemical sanitization - temperature, pH, concentration, and hardness

A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at contact times specified under subdivision 3 of 2VAC5-585-1900 shall meet the criteria specified under 2VAC5-585-3380, shall be used in accordance with the EPA-registered label use instructions,^P and shall be used as follows:

1. A chlorine solution shall have a minimum temperature based on the concentration and pH of the solution as listed in the following chart;^P

| | Minimum Concentration | Minimum Temperature | | | --- | --- | --- | --- | | | mg/L (ppm) | pH 10 or less °F (°C) | pH 8.0 or less °F (°C) | | | 25-49 | 120 (49) | 120 (49) | | | 50-99 | 100 (38) | 75 (24) | | | 100 | 55 (13) | 55 (13) |

2. An iodine solution shall have a:

a. Minimum temperature of 68°F (20°C);^P

b. pH of 5.0 or less or a pH no higher than the level for which the manufacturer specifies the solution is effective;^P and

c. Concentration between 12.5 mg/L (ppm) and 25 mg/L (ppm);^P

3. A quaternary ammonium compound solution shall:

a. Have a minimum temperature of 75°F (24°C);^P

b. Have a concentration as specified under 2VAC5-585-3380 and as indicated by the manufacturer's use directions included in the labeling;^P and

c. Be used only in water with 500 mg/L (ppm) hardness or less or in water having a hardness no greater than specified by the EPA-registered label use instructions;^P

4. If another solution of a chemical specified under subdivisions 1, 2, and 3 of this section is used, the permit holder shall demonstrate to the department that the solution achieves sanitization and the use of the solution shall be approved;^P or

5. If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, it shall be applied in accordance with the EPA-registered label use instructions;^P and

6. If a chemical sanitizer is generated by a device located on site at the food establishment, it shall be used as specified in subdivisions 1 through 4 of this section and shall be produced by a device that:

a. Complies with regulation as specified in §§ 2(q)(1) and 12 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136(q)(1) and 7 USC § 136j);^P

b. Complies with 40 CFR 152.500 and 40 CFR 156.10;^P

c. Displays the EPA device manufacturing facility registration number on the device;^Pf and

d. Is operated and maintained in accordance with manufacturer's instructions.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-1710 Manual warewashing equipment, chemical sanitization using detergent-sanitizers

If a detergent-sanitizer is used to sanitize in a cleaning and sanitizing procedure where there is no distinct water rinse between the washing and sanitizing steps, the agent applied in the sanitizing step shall be the same detergent-sanitizer that is used in the washing step.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1720 Warewashing equipment, determining chemical sanitizer concentration

Concentration of the sanitizing solution shall be accurately determined by using a test kit or other device.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1730 Good repair and calibration

A. Utensils shall be maintained in a state of repair or condition that complies with the requirements specified under Articles 1 (2VAC5-585-960 et seq.) and 2 (2VAC5-585-1080 et seq.) of this part or shall be discarded.

B. Food temperature measuring devices shall be calibrated in accordance with manufacturer's specifications as necessary to ensure their accuracy.^Pf

C. Ambient air temperature, water pressure, and water temperature measuring devices shall be maintained in good repair and be accurate within the intended range of use.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1740 Single-service and single-use articles, required use

A food establishment without facilities specified under Articles 6 (2VAC5-585-1770 et seq.) and 7 (2VAC5-585-1885 et seq.) of this part for cleaning and sanitizing kitchenware and tableware shall provide only single-use kitchenware, single-service articles, and single-use articles for use by food employees and single-service articles for use by consumers.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1750 Single-service and single-use articles, use limitation

A. Single-service and single-use articles may not be reused.

B. The bulk milk container dispensing tube shall be cut on the diagonal leaving no more than one inch protruding from the chilled dispensing head.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1760 Shells, use limitation

Mollusk and crustacea shells may not be used more than once as serving containers.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

Article 6 Cleaning of Equipment and Utensils

2VAC5-585-1770 Equipment, food-contact surfaces, nonfood-contact surfaces, and utensils

A. Equipment food-contact surfaces and utensils shall be clean to sight and touch.^Pf

B. The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations.

C. Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1780 Equipment food-contact surfaces and utensils

A. Equipment food-contact surfaces and utensils shall be cleaned:

1. Except as specified in subsection B of this section, before each use with a different type of raw animal food such as beef, fish, lamb, pork, or poultry;^P

2. Each time there is a change from working with raw foods to working with ready-to-eat foods;^P

3. Between uses with raw fruits and vegetables and with time/temperature control for safety food;^P

4. Before using or storing a food temperature measuring device;^P and

5. At any time during the operation when contamination may have occurred.^P

B. Subdivision A 1 of this section does not apply if the food-contact surface or utensil is in contact with a succession of different types of raw meat and poultry each requiring a higher cooking temperature as specified under 2VAC5-585-700 than the previous type.

C. Except as specified in subsection D of this section, if used with time/temperature control for safety food, equipment food-contact surfaces and utensils shall be cleaned throughout the day at least every four hours.^P

D. Surfaces of utensils and equipment contacting time/temperature control for safety food may be cleaned less frequently than every four hours if:

1. In storage, containers of time/temperature control for safety food and their contents are maintained at temperatures specified under Part III (2VAC5-585-260 et seq.) of this chapter and the containers are cleaned when they are empty;

2. Utensils and equipment are used to prepare food in a refrigerated room or area that is maintained at one of the temperatures in the following chart and:

a. The utensils and equipment are cleaned at the frequency in the following chart that corresponds to the temperature; and

| | Temperature | Cleaning Frequency | | --- | --- | --- | | | 41°F (5.0°C) or less | 24 hours | | | >41°F - 45°F (>5.0°C - 7.2°C) | 20 hours | | | >45°F - 50°F (>7.2°C - 10.0°C) | 16 hours | | | >50°F - 55°F (>10.0°C - 12.8°C) | 10 hours |

b. The cleaning frequency based on the ambient temperature of the refrigerated room or area is documented in the food establishment.

3. Containers in serving situations such as salad bars, delis, and cafeteria lines that hold ready-to-eat time/temperature control for safety food that is maintained at the temperatures specified under Part III, are intermittently combined with additional supplies of the same food that is at the required temperature, and the containers are cleaned at least every 24 hours;

4. Temperature measuring devices are maintained in contact with food, such as when left in a container of deli food or in a roast, held at temperatures specified under Part III;

5. Equipment is used for storage of packaged or unpackaged food such as a reach-in refrigerator and the equipment is cleaned at a frequency necessary to preclude accumulation of soil residues;

6. The cleaning schedule is approved based on consideration of:

a. Characteristics of the equipment and its use;

b. The type of food involved;

c. The amount of food residue accumulation; and

d. The temperature at which the food is maintained during the operation and the potential for the rapid and progressive multiplication of pathogenic or toxigenic microorganisms that are capable of causing foodborne disease; or

7. In-use utensils are intermittently stored in a container of water in which the water is maintained at 135°F (57°C) or more and the utensils and container are cleaned at least every 24 hours or at a frequency necessary to preclude accumulation of soil residues.

E. Except when dry cleaning methods are used as specified under 2VAC5-585-1810, surfaces of utensils and equipment contacting food that is not time/temperature control for safety food shall be cleaned:

1. At any time when contamination may have occurred;

2. At least every 24 hours for iced tea dispensers and consumer self-service utensils such as tongs, scoops, or ladles;

3. Before restocking consumer self-service equipment and utensils such as condiment dispensers and display containers; and

4. In equipment such as ice bins and beverage dispensing nozzles and enclosed components of equipment such as ice makers, cooking oil storage tanks and distribution lines, beverage and syrup dispensing lines or tubes, coffee bean grinders, and water vending equipment:

a. At a frequency specified by the manufacturer; or

b. Absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or mold.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-1790 Cooking and baking equipment

A. The food-contact surfaces of cooking and baking equipment shall be cleaned at least every 24 hours. This section does not apply to hot oil cooking and filtering equipment if it is cleaned as specified in 2VAC5-585-1780 D 6.

B. The cavities and door seals of microwave ovens shall be cleaned at least every 24 hours by using the manufacturer's recommended cleaning procedure.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1800 Nonfood-contact surfaces

Nonfood-contact surfaces of equipment shall be cleaned at a frequency necessary to preclude accumulation of soil residues.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1810 Dry cleaning

A. If used, dry cleaning methods such as brushing, scraping, and vacuuming shall contact only surfaces that are soiled with dry food residues that are not time/temperature control for safety food.

B. Cleaning equipment used in dry cleaning food-contact surfaces may not be used for any other purpose.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1820 Precleaning

A. Food debris on equipment and utensils shall be scraped over a waste disposal unit or garbage receptacle or shall be removed in a warewashing machine with a prewash cycle.

B. If necessary for effective cleaning, utensils and equipment shall be preflushed, presoaked, or scrubbed with abrasives.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1830 Loading of soiled items, warewashing machines

Soiled items to be cleaned in a warewashing machine shall be loaded into racks, trays, or baskets or onto conveyors in a position that:

1. Exposes the items to the unobstructed spray from all cycles; and

2. Allows the items to drain.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1840 Wet cleaning

A. Equipment food-contact surfaces and utensils shall be effectively washed to remove or completely loosen soils by using the manual or mechanical means necessary such as the application of detergents containing wetting agents and emulsifiers; acid, alkaline, or abrasive cleaners; hot water; brushes; scouring pads; high-pressure sprays; or ultrasonic devices.

B. The washing procedures selected shall be based on the type and purpose of the equipment or utensil, and on the type of soil to be removed.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1850 Washing, procedures for alternative manual warewashing equipment

If washing in sink compartments or a warewashing machine is impractical such as when the equipment is fixed or the utensils are too large, washing shall be done by using alternative manual warewashing equipment as specified in 2VAC5-585-1460 C in accordance with the following procedures:

1. Equipment shall be disassembled as necessary to allow access of the detergent solution to all parts;

2. Equipment components and utensils shall be scraped or rough cleaned to remove food particle accumulation; and

3. Equipment and utensils shall be washed as specified under 2VAC5-585-1840 A.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1860 Rinsing procedures

Washed utensils and equipment shall be rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of water or a detergent-sanitizer solution by using one of the following procedures:

1. Use of a distinct, separate water rinse after washing and before sanitizing if using:

a. A three-compartment sink;

b. Alternative manual warewashing equipment equivalent to a three-compartment sink as specified in 2VAC5-585-1460 C; or

c. A three-step washing, rinsing, and sanitizing procedure in a warewashing system for CIP equipment;

2. Use of a detergent-sanitizer as specified under 2VAC5-585-1710 if using:

a. Alternative warewashing equipment as specified in 2VAC5-585-1460 C that is approved for use with a detergent-sanitizer; or

b. A warewashing system for CIP equipment;

3. Use of a nondistinct water rinse that is integrated in the hot water sanitization immersion step of a two-compartment sink operation;

4. If using a warewashing machine that does not recycle the sanitizing solution as specified under subdivision 5 of this section, or alternative manual warewashing equipment such as sprayers, use of a nondistinct water rinse that is:

a. Integrated in the application of the sanitizing solution; and

b. Wasted immediately after each application; or

5. If using a warewashing machine that recycles the sanitizing solution for use in the next wash cycle, use of a nondistinct water rinse that is integrated in the application of the sanitizing solution.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1870 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

Article 7 Sanitization of Equipment and Utensils

2VAC5-585-1880 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-1885 Food-contact surfaces and utensils

Equipment food-contact surfaces and utensils shall be sanitized.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1890 Before use after cleaning

Utensils and food-contact surfaces of equipment shall be sanitized before use after cleaning.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1900 Hot water and chemical

After being cleaned, equipment food-contact surfaces and utensils shall be sanitized in:

1. Hot water manual operations by immersion for at least 30 seconds as specified under 2VAC5-585-1670;^P

2. Hot water mechanical operations by being cycled through equipment that is set up as specified under 2VAC5-585-1610, 2VAC5-585-1680, and 2VAC5-585-1690 and achieving a utensil surface temperature of 160°F (71°C) as measured by an irreversible registering temperature indicator;^P or

3. Chemical manual or mechanical operations, including the application of sanitizing chemicals by immersion, manual swabbing, brushing, or pressure spraying methods, using a solution as specified under 2VAC5-585-1700. Contact times shall be consistent with those on EPA-registered label use instructions by providing:

a. Except as specified under subdivision 3 b of this section, a contact time of at least 10 seconds for a chlorine solution specified under subdivision 1 of 2VAC5-585-1700;^P

b. A contact time of at least seven seconds for a chlorine solution of 50 mg/L (ppm) that has a pH of 10 or less and a temperature of at least 100°F (38°C) or a pH of 8.0 or less and a temperature of at least 75°F (24°C);^P

c. A contact time of at least 30 seconds for other chemical sanitizing solutions;^P or

d. A contact time used in relationship with a combination of temperature, concentration, and pH that, when evaluated for efficacy, yields sanitization as defined in 2VAC5-585-40.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

Article 8 Laundering

2VAC5-585-1910 Clean linens

Clean linens shall be free from food residues and other soiling matter.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1920 Specifications

A. Linens that do not come in direct contact with food shall be laundered between operations if they become wet, sticky, or visibly soiled.

B. Cloth gloves used as specified in 2VAC5-585-580 D shall be laundered before being used with a different type of raw animal food such as beef, lamb, pork, fish, or poultry.

C. Linens that are used as specified under 2VAC5-585-560 and cloth napkins shall be laundered between each use.

D. Wet wiping cloths shall be laundered daily.

E. Dry wiping cloths shall be laundered as necessary to prevent contamination of food and clean serving utensils.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1930 Storage of soiled linens

Soiled linens shall be kept in clean, nonabsorbent receptacles or clean, washable laundry bags and stored and transported to prevent contamination of food, clean equipment, clean utensils, and single-service and single-use articles.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1940 Mechanical washing

A. Except as specified in subsection B of this section, linens shall be mechanically washed.

B. In food establishments in which only wiping cloths are laundered as specified in 2VAC5-585-1490 B, the wiping cloths may be laundered in a mechanical washer, sink designated only for laundering wiping cloths, or a warewashing or food preparation sink that is cleaned as specified under 2VAC5-585-1600.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1950 Use of laundry facilities

A. Except as specified in subsection B of this section, laundry facilities on the premises of a food establishment shall be used only for the washing and drying of items used in the operation of the establishment.

B. Separate laundry facilities located on the premises for the purpose of general laundering such as for institutions providing boarding and lodging may also be used for laundering food establishment items.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

Article 9 Protection of Clean Items

2VAC5-585-1960 Equipment and utensils, air-drying required

After cleaning and sanitizing, equipment and utensils:

1. Shall be air dried or used after adequate draining as specified in the first paragraph of 40 CFR 180.940 before contact with food; and

2. May not be cloth dried except that utensils that have been air-dried may be polished with cloths that are maintained clean and dry.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-1970 Wiping cloths, air-drying locations

Wiping cloths laundered in a food establishment that does not have a mechanical clothes dryer as specified in 2VAC5-585-1490 B shall be air-dried in a location and in a manner that prevents contamination of food, equipment, utensils, linens, and single-service and single-use articles and the wiping cloths. This section does not apply if wiping cloths are stored after laundering in a sanitizing solution as specified under 2VAC5-585-1700.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-1980 Food-contact surfaces

Lubricants as specified in 2VAC5-585-3420 shall be applied to food-contact surfaces that require lubrication in a manner that does not contaminate food-contact surfaces.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-1990 Equipment

Equipment shall be reassembled so that food-contact surfaces are not contaminated.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2000 Equipment, utensils, linens, and single-service and single-use articles

A. Except as specified in subsection D of this section, cleaned equipment and utensils, laundered linens, and single-service and single-use articles shall be stored:

1. In a clean, dry location;

2. Where they are not exposed to splash, dust, or other contamination; and

3. At least six inches (15 centimeters) above the floor.

B. Clean equipment and utensils shall be stored as specified under subsection A of this section and shall be stored:

1. In a self-draining position that allows air drying; and

2. Covered or inverted.

C. Single-service and single-use articles shall be stored as specified under subsection A of this section and shall be kept in the original protective package or stored by using other means that afford protection from contamination until used.

D. Items that are kept in closed packages may be stored less than six inches (15 centimeters) above the floor on dollies, pallets, racks, and skids that are designed as provided under 2VAC5-585-1420.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2010 Prohibitions

A. Except as specified in subsection B of this section, cleaned and sanitized equipment, utensils, laundered linens, and single-service and single-use articles may not be stored:

1. In locker rooms;

2. In toilet rooms;^Pf

3. In garbage rooms;

4. In mechanical rooms;

5. Under sewer lines that are not shielded to intercept potential drips;

6. Under leaking water lines including leaking automatic fire sprinkler heads or under lines on which water has condensed;

7. Under open stairwells; or

8. Under other sources of contamination.

B. Laundered linens and single-service and single-use articles that are packaged or in a facility such as a cabinet may be stored in a locker room.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-2020 Kitchenware and tableware

A. Single-service and single-use articles and cleaned and sanitized utensils shall be handled, displayed, and dispensed so that contamination of food- and lip-contact surfaces is prevented.

B. Knives, forks, and spoons that are not prewrapped shall be presented so that only the handles are touched by employees and by consumers if consumer self-service is provided.

C. Except as specified under subsection B of this section, single-service articles that are intended for food- or lip-contact shall be furnished for consumer self-service with the original individual wrapper intact or from an approved dispenser.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2030 Soiled and clean tableware

Soiled tableware shall be removed from consumer eating and drinking areas and handled so that clean tableware is not contaminated.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2040 Preset tableware

A. Except as specified in subsection B of this section, tableware that is preset shall be protected from contamination by being wrapped, covered, or inverted.

B. Preset tableware may be exposed if:

1. Unused settings are removed when a consumer is seated; or

2. Settings not removed when a consumer is seated are cleaned and sanitized before further use.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2045 Rinsing equipment and utensils after cleaning

After being cleaned and sanitized, equipment and utensils shall not be rinsed before air drying or use unless:

1. The rinse is applied directly from a potable water supply by a warewashing machine that is maintained and operated as specified under 2VAC5-585-1210 through 2VAC5-585-1430 and 2VAC5-585-1570 through 2VAC5-585-1720; and

2. The rinse is applied only after the equipment and utensils have been sanitized by the application of hot water or by the application of a chemical sanitizer solution whose EPA-registered label use instructions call for rinsing off the sanitizer after it is applied in a commercial warewashing machine.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

Article 1 Water

2VAC5-585-2050 Approved system

Pure water shall be obtained from an approved water system defined as:

1. A waterworks constructed, maintained, and operated in compliance with 12VAC5-590;^P or

2. A private well constructed, maintained, and operated in compliance with 12VAC5-630.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2060 System flushing and disinfection

An approved water system shall be flushed and disinfected after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system. A sample shall be collected from the water system and the results of the analysis shall be total coliform negative prior to placing the water system into service.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2070 Bottled drinking water

Bottled drinking water used or sold in a food establishment shall be obtained from approved sources in accordance with 21 CFR Part 129.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2080 Pure water standards

Except as specified under 2VAC5-585-2090:

1. Water from a waterworks shall meet water quality and quantity standards in accordance with 12VAC5-590.^P

2. Water from a private well shall meet water quality and quantity standards in accordance with 12VAC5-630-370.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2090 Nonpotable water

A. A nonpotable water supply shall be used only if its use is approved.^P

B. Nonpotable water shall be used only for nonculinary purposes such as air conditioning, nonfood equipment cooling, and fire protection.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2100 Sampling

A. Water from a private well shall be sampled and tested at least annually for nitrate and total coliform.^Pf

B. If nitrate, which is reported as "N" on the test results, exceeds 10 mg/L (ppm), the permit holder shall notify the department within 24 hours from when the permit holder is notified of the nitrate positive test result.^Pf

C. If a sample is total coliform positive, the positive culture medium shall be further analyzed to determine if E. coli is present. The permit holder shall notify the department within two calendar days from when the permit holder is notified of the coliform-positive test result.^Pf

D. If E. coli is present, the permit holder shall notify the department within 24 hours from when the permit holder is notified of the E. coli positive test result.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-2110 Sample report

All sample reports for the private well shall be retained on file in the food establishment for a minimum of five years and be made available to the department upon request.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2120 Capacity

A. The water source and system shall be of sufficient capacity to meet the peak water demands of the food establishment.^Pf

B. Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the food establishment.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-2130 Pressure

Water under pressure shall be provided to all fixtures, equipment, and nonfood equipment that are required to use water except that water supplied as specified under subdivisions 1 and 2 of 2VAC5-585-2160 to a temporary food establishment or in response to a temporary interruption of a water supply need not be under pressure.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2140 (Reserved)

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2150 Distribution, delivery, and retention system

Water shall be received from the source through the use of:

1. An approved public water main;^Pf or

2. One or more of the following that shall be constructed, maintained, and operated according to law:^Pf

a. Nonpublic water main, water pumps, pipes, hoses, connections, and other appurtenances;^Pf

b. Water transport vehicles; ^Pf or

c. Water containers.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2160 Alternative water supply

Water meeting the requirements specified under 2VAC5-585-2050 through 2VAC5-585-2130 shall be made available for a mobile facility, for a temporary food establishment without a permanent water supply, and for a food establishment with a temporary interruption of its water supply through:

1. A supply of containers of commercially bottled drinking water;^Pf

2. One or more closed portable water containers;^Pf

3. An enclosed vehicular water tank;^Pf

4. An on-premises water storage tank;^Pf or

5. Piping, tubing, or hoses connected to an adjacent approved source.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

Article 2 Plumbing System

2VAC5-585-2170 Approved materials

A. A plumbing system and hoses conveying water shall be constructed and repaired with approved materials according to law.^P

B. A water filter shall be made of safe materials.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2180 Approved system and cleanable fixtures

A. A plumbing system shall be designed, constructed, and installed according to law.^P

B. A plumbing fixture such as a handwashing sink, toilet, or urinal shall be easily cleanable.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2190 Handwashing sink, installation

A. A handwashing sink shall be equipped to provide water at a temperature of at least 85°F (29.4°C) through a mixing valve or combination faucet.^Pf

B. A steam mixing valve may not be used at a handwashing sink.

C. A self-closing, slow-closing, or metering faucet shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet.

D. An automatic handwashing facility shall be installed in accordance with manufacturer's instructions.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-2200 Backflow prevention, air gap

An air gap between the water supply outlet and the flood level rim of the plumbing fixture, equipment, or nonfood equipment shall be at least twice the diameter of the water supply outlet and may not be less than one inch (25 mm).^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-2210 Backflow prevention device, design standard

A backflow or backsiphonage prevention device installed on a water supply system shall comply with the Virginia Uniform Statewide Building Code (13VAC5-63) for construction, installation, maintenance, inspection, and testing for that specific application and type of device.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2220 Conditioning device, design

A water filter, screen, and other water conditioning device installed on water lines shall be designed to facilitate disassembly for periodic servicing and cleaning. A water filter element shall be of the replaceable type.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2230 Handwashing sinks, numbers and capacities

A. Except as specified in subsection B of this section, at least one handwashing sink, or the number of handwashing sinks necessary for their convenient use by employees in areas specified under 2VAC5-585-2280, and not fewer than the number of handwashing sinks required by law shall be provided.^Pf

B. If approved and capable of removing the types of soils encountered in the food operations involved, automatic handwashing facilities may be substituted for handwashing sinks in a food establishment that has at least one handwashing sink.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-2240 Toilets and urinals

At least one toilet and not fewer than the toilets required by law shall be provided. If authorized by law and urinals are substituted for toilets, the substitution shall be done as specified in law.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2250 Service sink

A. At least one service sink or one curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste.

B. Toilets and urinals may not be used as a service sink for the disposal of mop water and similar liquid waste.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2260 Backflow prevention device, when required

A plumbing system shall be installed to preclude backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the food establishment, including on a hose bibb if a hose is attached or on a hose bibb if a hose is not attached and backflow prevention is required by law by:

1. Providing an air gap as specified under 2VAC5-585-2200;^P or

2. Installing an approved backflow prevention device as specified under 2VAC5-585-2210.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2270 Backflow prevention device, carbonator

A. If not provided with an air gap as specified under 2VAC5-585-2200, a dual check valve with an intermediate vent preceded by a screen of not less than 100 mesh to one inch (100 mesh to 25.4mm) shall be installed upstream from a carbonating device and downstream from any copper in the water supply line.^P

B. A dual check valve attached to the carbonator need not be of the vented type if an air gap or vented backflow prevention device has been otherwise provided as specified under subsection A of this section.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-2280 Handwashing sinks, locations

A handwashing sink shall be located:

1. To allow convenient use by employees in food preparation, food dispensing, and warewashing areas;^Pf and

2. In, or immediately adjacent to, toilet rooms.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2290 Backflow prevention device, location

A backflow prevention device shall be located so that it may be serviced and maintained.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2300 Conditioning device, location

A water filter, screen, and other water conditioning device installed on water lines shall be located to facilitate disassembly for periodic servicing and cleaning.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2310 Using a handwashing sink

A. A handwashing sink shall be maintained so that it is accessible at all times for employee use.^Pf

B. A handwashing sink may not be used for purposes other than handwashing.^Pf

C. An automatic handwashing sink shall be used in accordance with manufacturer's instructions.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2320 Prohibiting a cross connection

A. A person may not create a cross connection by connecting a pipe or conduit between the pure water system and a nonpotable water system or a water system of unknown quality.^P

B. The piping of a nonpotable water system shall be durably identified so that it is readily distinguishable from piping that carries pure water.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-2330 Scheduling inspection and service for a water system device

A device such as a water treatment device or backflow preventer shall be scheduled for inspection and service, in accordance with manufacturer's instructions and as necessary to prevent device failure based on local water conditions, and records demonstrating inspection and service shall be maintained by the person in charge.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2340 Water reservoir of fogging devices, cleaning

A. A reservoir that is used to supply water to a device such as a produce fogger shall be:

1. Maintained in accordance with manufacturer's specifications;^P and

2. Cleaned in accordance with manufacturer's specifications or according to the procedures specified under subsection B of this section, whichever is more stringent.^P

B. Cleaning procedures shall include at least the following steps and shall be conducted at least once a week:

1. Draining and complete disassembly of the water and aerosol contact parts;^P

2. Brush-cleaning the reservoir, aerosol tubing, and discharge nozzles with a suitable detergent solution;^P

3. Flushing the complete system with water to remove the detergent solution and particulate accumulation;^P and

4. Rinsing by immersing, spraying, or swabbing the reservoir, aerosol tubing, and discharge nozzles with at least 50 mg/L (ppm) hypochlorite solution.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2350 System maintained in good repair

A plumbing system shall be:

1. Repaired according to law;^P and

2. Maintained in good repair.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

Article 3 Mobile Water Tank and Mobile Food Establishment Water Tank

2VAC5-585-2360 Approved materials

Materials that are used in the construction of a mobile water tank, mobile food establishment water tank, and appurtenances shall be:

1. Safe;^P

2. Durable, corrosion resistant, and nonabsorbent; and

3. Finished to have a smooth, easily cleanable surface.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2370 Enclosed system, sloped to drain

A mobile water tank shall be:

1. Enclosed from the filling inlet to the discharge outlet; and

2. Sloped to an outlet that allows complete drainage of the tank.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2380 Inspection and cleaning port, protected and secured

If a water tank is designed with an access port for inspection and cleaning, the opening shall be in the top of the tank and:

1. Flanged upward at least one-half inch (13 mm); and

2. Equipped with a port cover assembly that is:

a. Provided with a gasket and a device for securing the cover in place; and

b. Flanged to overlap the opening and sloped to drain.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2390 "V" type threads, use limitation

A fitting with "V" type threads on a water tank inlet or outlet shall be allowed only when a hose is permanently attached.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2400 Tank vent, protected

If provided, a water tank vent shall terminate in a downward direction and shall be covered with:

1. 16 mesh to one-inch (16 mesh to 25.4-mm) screen or equivalent when the vent is in a protected area; or

2. A protective filter when the vent is in an area that is not protected from windblown dirt and debris.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2410 Inlet and outlet, sloped to drain

A. A water tank and its inlet and outlet shall be sloped to drain.

B. A water tank inlet shall be positioned so that it is protected from contaminants such as waste discharge, road dust, oil, or grease.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2420 Hose, construction and identification

A hose used for conveying potable water from a water tank shall be:

1. Safe;^P

2. Durable, corrosion resistant, and nonabsorbent;

3. Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition;

4. Finished with a smooth interior surface; and

5. Clearly and durably identified as to its use if not permanently attached.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2430 Filter, compressed air

A filter that does not pass oil or oil vapors shall be installed in the air supply line between the compressor and potable water system when compressed air is used to pressurize the water tank system.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2440 Protective cover or device

A cap and keeper chain, closed cabinet, closed storage tube, or other approved protective cover or device shall be provided for a water inlet, outlet, and hose.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2450 Mobile food establishment tank inlet

A mobile food establishment's water tank inlet shall be:

1. Three-fourths inch (19.1 mm) in inner diameter or less; and

2. Provided with a hose connection of a size or type that will prevent its use for any other service.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2460 System flushing and sanitization

A water tank, pump, and hoses shall be flushed and sanitized before being placed in service after construction, repair, modification, and periods of nonuse.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2470 Using a pump and hoses, backflow prevention

A person shall operate a water tank, pump, and hoses so that backflow and other contamination of the water supply are prevented.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2480 Protecting inlet, outlet, and hose fitting

If not in use, a water tank and hose inlet and outlet fitting shall be protected using a cover or device as specified under 2VAC5-585-2440.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2490 Tank, pump, and hoses, dedication

A. Except as specified in subsection B of this section, a water tank, pump, and hoses used for conveying drinking water shall be used for no other purpose.^P

B. Water tanks, pumps, and hoses approved for liquid foods may be used for conveying drinking water if they are cleaned and sanitized before they are used to convey water.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

Article 4 Sewage, Other Liquid Waste, and Rainwater

2VAC5-585-2500 Mobile holding tank capacity and drainage

A sewage holding tank in a mobile food establishment shall be:

1. Sized 15% larger in capacity than the water supply tank; and

2. Sloped to a drain that is one inch (25 mm) in inner diameter or greater, equipped with a shut-off valve.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2505 Establishment drainage system

Food establishment drainage systems, including grease traps, that convey sewage shall be designed and installed as specified under 2VAC5-585-2180 A.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2510 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-2520 Backflow prevention

A. Except as specified in subsections B, C, and D of this section, a direct connection may not exist between the sewage system and a drain originating from equipment in which food, portable equipment, or utensils are placed.^P

B. Subsection A of this section does not apply to floor drains that originate in refrigerated spaces that are constructed as an integral part of the building.

C. If allowed by law, a warewashing machine may have a direct connection between its waste outlet and a floor drain when the machine is located within five feet (1.5 meters) of a trapped floor drain and the machine outlet is connected to the inlet side of a properly vented floor drain trap.

D. If allowed by law, a warewashing sink may have a direct connection.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-2530 Grease trap

If used, a grease trap shall be located to be easily accessible for cleaning.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2540 Conveying sewage

Sewage shall be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated according to law.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2550 Removing mobile food establishment wastes

Sewage and other liquid wastes shall be removed from a mobile food establishment at an approved waste servicing area or by a sewage transport vehicle in such a way that a public health hazard or nuisance is not created.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2560 Flushing a waste retention tank

A tank for liquid waste retention shall be thoroughly flushed and drained in a sanitary manner during the servicing operation.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2570 Approved sewage disposal system

Sewage shall be disposed through an approved facility that is:

1. A public sewage treatment plant;^P or

2. An individual sewage disposal system that is sized, constructed, maintained, and operated in accordance with the regulations promulgated pursuant to Chapter 6 (§ 32.1-163 et seq.) of Title 32.1 of the Code of Virginia or in accordance with the related local ordinance.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-2580 Other liquid wastes and rainwater

Condensate drainage and other nonsewage liquids and rainwater shall be drained from point of discharge to disposal according to law.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

Article 5 Refuse, Recyclables, and Returnables

2VAC5-585-2590 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-2595 Indoor storage area

If located within the food establishment, a storage area for refuse, recyclables, and returnables shall meet the requirements specified under 2VAC5-585-2790, 2VAC5-585-2810 through 2VAC5-585-2880, 2VAC5-585-2930, and 2VAC5-585-2940.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2600 Outdoor storage surface

An outdoor storage surface for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be smooth, durable, and sloped to drain.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2610 Outdoor enclosure

If used, an outdoor enclosure for refuse, recyclables, and returnables shall be constructed of durable and cleanable materials.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2620 Receptacles

A. Except as specified in subsection B of this section, receptacles and waste handling units for refuse, recyclables, and returnables and for use with materials containing food residue shall be durable, cleanable, insect- and rodent-resistant, leakproof, and nonabsorbent.

B. Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the food establishment, or within closed outside receptacles.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2630 Receptacles in vending machines

Except for a receptacle for a beverage bottle crown closures, a refuse receptacle may not be located within a vending machine.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-2640 Outside receptacles

A. Receptacles and waste handling units for refuse, recyclables, and returnables used with materials containing food residue and used outside the food establishment shall be designed and constructed to have tight-fitting lids, doors, or covers.

B. Receptacles and waste handling units for refuse and recyclables such as an on-site compactor shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2650 Storage areas, rooms, and receptacles, capacity and availability

A. An inside storage room and area and outside storage area and enclosure, and receptacles shall be of sufficient capacity to hold refuse, recyclables, and returnables that accumulate.

B. A receptacle shall be provided in each area of the food establishment or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.

C. If disposable towels are used at handwashing lavatories, a waste receptacle shall be located at each lavatory or group of adjacent lavatories.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2660 Toilet room receptacle, covered

A toilet room used by females shall be provided with a covered receptacle for sanitary napkins.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2670 Cleaning implements and supplies

A. Except as specified in subsection B of this section, suitable cleaning implements and supplies such as high pressure pumps, hot water, steam, and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.

B. If approved, off-premises-based cleaning services may be used if on-premises cleaning implements and supplies are not provided.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2680 Storage areas, redeeming machines, receptacles and waste handling units, location

A. An area designated for refuse, recyclables, returnables, and, except as specified in subsection B of this section, a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles and a public health hazard or nuisance is not created.

B. A redeeming machine may be located in the packaged food storage area or consumer area of a food establishment if food, equipment, utensils, linens, and single-service and single-use articles are not subject to contamination from the machines and a public health hazard or nuisance is not created.

C. The location of receptacles and waste handling units for refuse, recyclables, and returnables may not create a public health hazard or nuisance or interfere with the cleaning of adjacent space.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2690 Storing refuse, recyclables, and returnables

Refuse, recyclables, and returnables shall be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2700 Areas, enclosures, and receptacles, good repair

Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2710 Outside storage prohibitions

A. Except as specified in subsection B of this section, refuse receptacles not meeting the requirements specified under 2VAC5-585-2620 A, such as receptacles that are not rodent-resistant, unprotected plastic bags and paper bags, or baled units that contain materials with food residue may not be stored outside.

B. Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2720 Covering receptacles

Receptacles and waste handling units for refuse, recyclables, and returnables shall be kept covered:

1. Inside the food establishment if the receptacles and units:

a. Contain food residue and are not in continuous use; or

b. After they are filled; and

2. With tight-fitting lids or doors if kept outside the food establishment.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2730 Using drain plugs

Drains in receptacles and waste handling units for refuse, recyclables, and returnables shall have drain plugs in place.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2740 Maintaining refuse areas and enclosures

A storage area and enclosure for refuse, recyclables, or returnables shall be maintained free of unnecessary items, as specified under 2VAC5-585-3300, and clean.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2750 Cleaning receptacles

A. Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and waste water shall be disposed of as specified under 2VAC5-585-2540.

B. Soiled receptacles and waste handling units for refuse, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-2760 Removal frequency

Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2770 Receptacles or vehicles

Refuse, recyclables, and returnables shall be removed from the premises by way of:

1. Portable receptacles that are constructed and maintained according to law; or

2. A transport vehicle that is constructed, maintained, and operated according to law.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2780 Community or individual facility

Solid waste not disposed of through the sewage system such as through grinders and pulpers shall be recycled or disposed of in an approved public or private community recycling or refuse facility; or solid waste shall be disposed of in an individual refuse facility such as a landfill or incinerator which is sized, constructed, maintained, and operated according to law.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

Article 1 Materials for Construction and Repair

2VAC5-585-2790 Indoor areas; surface characteristics

A. Except as specified in subsection B of this section, materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be:

1. Smooth, durable, and easily cleanable for areas where food establishment operations are conducted;

2. Closely woven and easily cleanable carpet for carpeted areas; and

3. Nonabsorbent for areas subject to moisture such as food preparation areas, walk-in refrigerators, warewashing areas, toilet rooms, mobile food establishment servicing areas, and areas subject to flushing or spray cleaning methods.

B. In a temporary food establishment:

1. If graded to drain, a floor may be concrete, machine-laid asphalt, or dirt or gravel if it is covered with mats, removable platforms, duckboards, or other approved materials that are effectively treated to control dust and mud; and

2. Walls and ceilings may be constructed of a material that protects the interior from the weather and windblown dust and debris.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-2800 Outdoor areas; surface characteristics

A. The outdoor walking and driving areas shall be surfaced with concrete, asphalt, or gravel or other materials that have been effectively treated to minimize dust, facilitate maintenance, and prevent muddy conditions.

B. Exterior surfaces of buildings and mobile food establishments shall be of weather-resistant materials and shall comply with law.

C. Outdoor storage areas for refuse, recyclables, or returnables shall be of materials specified under 2VAC5-585-2600 and 2VAC5-585-2610.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

Article 2 Design, Construction, and Installation

2VAC5-585-2810 Floors, walls, and ceilings - cleanability

Except as specified under 2VAC5-585-2840 and except for antislip floor coverings or applications that may be used for safety reasons, floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are smooth and easily cleanable.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-2820 Floors, walls, and ceilings, utility lines

A. Utility service lines and pipes may not be unnecessarily exposed.

B. Exposed utility service lines and pipes shall be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings.

C. Exposed horizontal utility service lines and pipes may not be installed on the floor.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2830 Floor and wall junctures, coved, and enclosed or sealed

A. In food establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than 1/32 inch (one mm).

B. The floors in food establishments in which water flush cleaning methods are used shall be provided with drains and be graded to drain, and the floor and wall junctures shall be coved and sealed.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2840 Floor carpeting, restrictions and installation

A. A floor covering such as carpeting or similar material may not be installed as a floor covering in food preparation areas, walk-in refrigerators, warewashing areas, toilet room areas where handwashing sinks, toilets, and urinals are located, refuse storage rooms, or other areas where the floor is subject to moisture, flushing, or spray cleaning methods.

B. If carpeting is installed as a floor covering in areas other than those specified under subsection A of this section, it shall be:

1. Securely attached to the floor with a durable mastic, by using a stretch and tack method, or by another method; and

2. Installed tightly against the wall under the coving or installed away from the wall with a space between the carpet and the wall and with the edges of the carpet secured by metal stripping or some other means.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2850 Floor covering, mats and duckboards

Mats and duckboards shall be designed to be removable and easily cleanable.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2860 Wall and ceiling coverings and coatings

A. Wall and ceiling covering materials shall be attached so that they are easily cleanable.

B. Except in areas used only for dry storage, concrete, porous blocks, or bricks used for indoor wall construction shall be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2870 Walls and ceilings, attachments

A. Except as specified in subsection B of this section, attachments to walls and ceilings such as light fixtures, mechanical room ventilation system components, vent covers, wall mounted fans, decorative items, and other attachments shall be easily cleanable.

B. In a consumer area, wall and ceiling surfaces and decorative items and attachments that are provided for ambiance need not meet this requirement if they are kept clean.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2880 Walls and ceilings, studs, joists, and rafters

Studs, joists, and rafters may not be exposed in areas subject to moisture. This requirement does not apply to temporary food establishments.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2890 Light bulbs, protective shielding

A. Except as specified in subsection B of this section, light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles.

B. Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages, if:

1. The integrity of the packages cannot be affected by broken glass falling onto them; and

2. The packages are capable of being cleaned of debris from broken bulbs before the packages are opened.

C. An infrared or other heat lamp shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2900 Heating, ventilating, air conditioning system vents

Heating, ventilating, and air conditioning systems shall be designed and installed so that make-up air intake and exhaust vents do not cause contamination of food, food-contact surfaces, equipment, or utensils.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2910 Insect control devices, design and installation

A. Insect control devices that are used to electrocute or stun flying insects shall be designed to retain the insect within the device.

B. Insect control devices shall be installed so that:

1. The devices are not located over a food preparation area; and

2. Dead insects and insect fragments are prevented from being impelled onto or falling on exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2920 Toilet rooms, enclosed

Except where a toilet room is located outside a food establishment and does not open directly into the food establishment such as a toilet room that is provided by the management of a shopping mall, a toilet room located on the premises shall be completely enclosed and provided with a tight-fitting and self-closing door.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-2930 Outer openings, protected

A. Except as specified in subsections B through E of this section, outer openings of a food establishment shall be protected against the entry of insects and rodents by:

1. Filling or closing holes and other gaps along floors, walls and ceilings;

2. Closed, tight-fitting windows; and

3. Solid self-closing, tight-fitting doors.

B. Subsection A of this section does not apply if a food establishment opens into a larger structure, such as a mall, airport, or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents.

C. Exterior doors used as exits need not be self-closing if they are:

1. Solid and tight-fitting;

2. Designated for use only when an emergency exists, by the fire protection authority that has jurisdiction over the food establishment; and

3. Limited-use so they are not used for entrance or exit from the building for purposes other than the designated emergency exit use.

D. Except as specified in subsections B and E of this section, if the windows or doors of a food establishment, or of a larger structure within which a food establishment is located, are kept open for ventilation or other purposes, or a temporary food establishment is not provided with windows and doors as specified in subsection A of this section, the openings shall be protected against the entry of insects and rodents by:

1. 16 mesh to one-inch (16 mesh to 25.4-mm) screens;

2. Properly designed and installed air curtains to control flying insects; or

3. Other effective means.

E. Subsection D of this section does not apply if flying insects and other pests are absent due to the location of the establishment, the weather, or other limiting condition.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-2940 Exterior walls and roofs, protective barrier

Perimeter walls and roofs of a food establishment shall effectively protect the establishment from the weather and the entry of insects, rodents, and other animals.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2950 Outdoor food vending areas, overhead protection

Except for machines that vend canned beverages, if located outside, a machine used to vend food shall be provided with overhead protection.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-2960 Outdoor servicing areas, overhead protection

Except for areas used only for the loading of water or the discharge of sewage or other liquid waste, through the use of a closed system of hoses, servicing areas shall be provided with overhead protection.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-2970 Outdoor walking and driving surfaces, graded to drain

Exterior walking and driving surfaces shall be graded to drain.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2980 Outdoor refuse areas, curbed and graded to drain

Outdoor refuse areas shall be constructed in accordance with law and shall be curbed and graded to drain to collect and dispose of liquid waste that results from the refuse and from cleaning the area and waste receptacles.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-2990 Private homes and living or sleeping quarters, use prohibition

A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting food establishment operations.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3000 Living or sleeping quarters, separation

Living or sleeping quarters located on the premises of a food establishment such as those provided for lodging registration clerks or resident managers shall be separated from rooms and areas used for food establishment operations by complete partitioning and solid self-closing doors.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

Article 3 Numbers and Capacities

2VAC5-585-3010 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-3020 Handwashing cleanser, availability

Each handwashing sink or group of two adjacent handwashing sinks shall be provided with a supply of hand cleaning liquid, powder, or bar soap.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3030 Hand drying provision

Each handwashing sink or group of adjacent handwashing sinks shall be provided with:

1. Individual, disposable towels;^Pf

2. A continuous towel system that supplies the user with a clean towel; ^Pf

3. A heated-air hand drying device;^Pf or

4. A hand-drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3040 Handwashing aids and devices, use restrictions

A sink used for food preparation or utensil washing or a service sink or curbed cleaning facility used for the disposal of mop water or similar wastes may not be provided with the handwashing aids and devices required for a handwashing sink as specified under 2VAC5-585-2650 C, 2VAC5-585-3020, and 2VAC5-585-3030.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3045 Handwashing signage

A sign or poster that notifies food employees to wash their hands shall be provided at all handwashing sinks used by food employees and shall be clearly visible to food employees.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-3047 Disposable towels, waste receptacle

A handwashing sink or group of adjacent handwashing sinks that is provided with disposable towels shall be provided with a waste receptacle as specified under 2VAC5-585-2650 C.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3050 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-3060 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-3070 Toilet tissue, availability

A supply of toilet tissue shall be available at each toilet.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3080 Lighting, intensity

The light intensity shall be:

1. At least 10 foot candles (108 lux) at a distance of 30 inches (75 cm) above the floor, in walk-in refrigeration units and dry food storage areas and in other areas and rooms during periods of cleaning;

2. At least 20 foot candles (215 lux):

a. At a surface where food is provided for consumer self-service such as buffets and salad bars or where fresh produce or packaged foods are sold or offered for consumption;

b. Inside equipment such as reach-in and under-counter refrigerators;

c. At a distance of 30 inches (75 cm) above the floor in areas used for handwashing, warewashing, and equipment and utensil storage, and in toilet rooms; and

3. At least 50 foot candles (540 lux) at a surface where a food employee is working with food or working with utensils or equipment such as knives, slicers, grinders, or saws where employee safety is a factor.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-3090 Ventilation, mechanical

If necessary to keep rooms free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes, mechanical ventilation of sufficient capacity shall be provided.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3100 Dressing areas and lockers, designation

A. Dressing rooms or dressing areas shall be designated if employees routinely change their clothes in the establishment.

B. Lockers or other suitable facilities shall be provided for the orderly storage of employees' clothing and other possessions.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3110 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

Article 4 Location and Placement

2VAC5-585-3120 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-3130 Toilet rooms, convenience and accessibility

Toilet rooms shall be conveniently located and accessible to employees during all hours of operation.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3140 Employee accommodations, designated areas

A. Areas designated for employees to eat, drink, and use tobacco products shall be located so that food, equipment, linens, and single-service and single-use articles are protected from contamination.

B. Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens, and single-service and single-use articles cannot occur.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3150 Distressed merchandise, segregation and location

Products that are held by the permit holder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from food, equipment, utensils, linens, and single-service and single-use articles.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3160 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; repealed, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

Article 5 Maintenance and Operation

2VAC5-585-3170 Repairing

The physical facilities shall be maintained in good repair.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3180 Cleaning, frequency and restrictions

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

2VAC5-585-3190 Cleaning floors, dustless methods

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 between normal floor cleaning times may be cleaned:

1. Without the use of dust-arresting compounds; and

2. In the case of liquid spills or drippage, with the use of a small amount of absorbent compound such as sawdust or diatomaceous earth applied immediately before spot cleaning.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3200 Cleaning ventilation systems, nuisance and discharge prohibition

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3210 Cleaning maintenance tools, preventing contamination

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.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3220 Drying mops

After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3230 Absorbent materials on floors, use limitation

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3240 Cleaning of plumbing fixtures

Plumbing fixtures such as handwashing sinks, toilets, and urinals shall be cleaned as often as necessary to keep them clean.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3250 Closing toilet room doors

Except during cleaning and maintenance operations, toilet room doors as specified under 2VAC5-585-2920 shall be kept closed.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3260 Using dressing rooms and lockers

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3270 Controlling pests

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 inspecting the premises for evidence of pests;

3. Using methods, if pests are found, such as trapping devices or other means of pest control as specified under 2VAC5-585-3360, 2VAC5-585-3440, and 2VAC5-585-3450;^Pf and

4. Eliminating harborage conditions.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3280 Removing dead or trapped birds, insects, rodents, and other pests

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3290 Storing maintenance tools

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 storing the maintenance tools.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3300 Maintaining premises, unnecessary items and litter

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3310 Prohibiting animals

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 unwrapped single-service and single-use articles cannot result:

1. Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems;

2. Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;

3. In areas that are not used for food preparation and that are usually open for customers, such as dining and sales areas, service animals that are controlled by the disabled employee or person, if a health or safety hazard will not result from the presence or activities of the service animal;

4. Pets in the common dining areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if:

a. Effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas;

b. Condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present; and

c. Dining areas, including tables, countertops, and similar surfaces, are effectively cleaned before the next meal service;

5. In areas that are not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly confined, such as in a variety store that sells pets or a tourist park that displays animals; and

6. Dogs in outdoor dining areas if:

a. The outdoor dining area is not fully enclosed with floor to ceiling walls and is not considered a part of the interior physical facility.

b. The outdoor dining area is equipped with an entrance that is separate from the main entrance to the food establishment, and the separate entrance serves as the sole means of entry for patrons accompanied by dogs.

c. A sign stating that dogs are allowed in the outdoor dining area is posted at each entrance to the outdoor dining area in such a manner as to be clearly observable by the public.

d. A sign within the outdoor dining area stating the requirements as specified in subdivisions 6 e, f, and g of this subsection is provided in such a manner as to be clearly observable by the public.

e. Food and water provided to dogs is served using equipment that is not used for the service of food to a person or is served in single-use articles.

f. Dogs are not allowed on chairs, seats, benches, or tables.

g. Dogs are kept on a leash or within a pet carrier and under the control of an adult at all times.

h. The establishment provides effective means for cleaning up dog vomitus and fecal matter.

C. A dog may be allowed within a designated area inside or on the premises of, except in any area used for the manufacture of food products, a distillery, winery, farm winery, brewery, or limited brewery licensed pursuant to § 4.1-206.1 of the Code of Virginia.

D. Live or dead fish bait may be stored if contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles cannot result.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 35, Issue 12, eff. March 6, 2019; Volume 41, Issue 10, eff. February 13, 2025.

Article 1 Labeling and Identification

2VAC5-585-3320 Original containers - identifying information, prominence

Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3330 Working containers - common name

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.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

Article 2 Operational Supplies and Applications

2VAC5-585-3340 Storage, separation

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 in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles. This subsection does not apply to equipment and utensil cleaners and sanitizers that are stored in warewashing areas for availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3350 Presence and use restriction

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. Subsection A of this section does not apply to packaged poisonous or toxic materials that are for retail sale.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3360 Conditions of use

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 certification, if certification is required, for use of the pest control materials;^P and

d. Additional conditions that may be established by the department; and

2. Applied so that:

a. A hazard to employees or other persons is not constituted;^P and

b. Contamination, including toxic residues due to drip, drain, fog, splash, or spray on food, equipment, utensils, linens, and single-service and single-use articles, is prevented. Contamination shall be prevented by:^P

(1) Removing the items;^P

(2) Covering the items with impermeable covers^P or taking other appropriate preventive actions;^P and

(3) Cleaning and sanitizing equipment and utensils after the application.^P

B. A restricted use pesticide shall be applied only by an applicator certified as defined in 7 USC § 136(e); §§ 3.2-3929, 3.2-3930, and 3.2-3931 of the Code of Virginia (Virginia Pesticide Control Act); or a person under the direct supervision of a certified applicator.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3370 Poisonous or toxic material containers

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.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3380 Sanitizers, criteria

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.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3390 Chemicals for washing, treating, storing, and processing fruits and vegetables, criteria

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 listed for this intended use in 21 CFR Part 173;^P

2. Be generally recognized as safe for this intended use;^P or

3. Be the subject of an effective food contact notification for this intended use (only effective for the manufacturer or supplier identified in the notification).^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-3400 Boiler water additives, criteria

Chemicals used as boiler water additives shall meet the requirements specified in 21 CFR 173.310.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3410 Drying agents, criteria

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 as specified in 21 CFR Part 186;^P

c. Generally recognized as safe for the intended use as determined by experts qualified in scientific training and experience to evaluate the safety of substances added, directly or indirectly, to food as described in 21 CFR 170.30;^P

d. Subject of an effective food contact notification as described in § 409(h) of the Federal Food, Drug, and Cosmetic Act (21 USC § 348(h));^P

e. Approved for use as a drying agent under a prior sanction as described in § 201(s)(4) of the Federal Food, Drug, and Cosmetic Act (21 USC § 321(s)(4));^P

f. Specifically regulated as an indirect food additive for use as a drying agent as specified in 21 CFR Parts 174-178;^P or

g. Approved for use as a drying agent under the threshold of regulation process established by 21 CFR 170.39;^P and

2. When sanitization is with chemicals, the approval required under subdivision 1 e or 1 g of this section or the chapter as an indirect food additive required under subdivision 1 f of this section shall be specifically for use with chemical sanitizing solutions.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3420 Lubricants - incidental food contact, criteria

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 onto food-contact surfaces.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3430 Restricted use pesticides, criteria

Restricted use pesticides specified under subsection B of 2VAC5-585-3360 shall meet the requirements specified in 40 CFR Part 152, Subpart I.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3440 Rodent bait stations

Rodent bait shall be contained in a covered, tamper-resistant bait station.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3450 Tracking powders, pest control and monitoring

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 articles.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3460 Medicines - restriction and storage

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 under 2VAC5-585-3320 and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3470 Refrigerated medicines, storage

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 medicines;^P and

2. Located so they are inaccessible to children.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3480 First aid supplies, storage.

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 and single-use articles.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3490 Other personal care items, storage

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

Article 3 Stock and Retail Sale

2VAC5-585-3500 Storage and display, separation

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 poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles.^P

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

Article 1 Applicability of Chapter

2VAC5-585-3510 Public health protection

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 of this chapter, the department shall assess existing facilities or equipment that were in use before the effective date of this chapter based on the following considerations:

1. Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition;

2. Whether food-contact surfaces comply with 2VAC5-585-960 through 2VAC5-585-1060;

3. Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with 2VAC5-585-1450; and

4. The existence of a documented agreement with the permit holder that the facilities or equipment will be replaced as specified in subdivision 7 of 2VAC5-585-3750.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3520 Preventing health hazards, provision for conditions not addressed

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 imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to the permit applicant, permit holder, or person in charge and a copy shall be maintained in the department's file for the food establishment.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3530 (Reserved)

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3540 Variances, modifications and waivers

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 2VAC5-585-3541 in its records for the food establishment.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-3541 Documentation of proposed variance and justification

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 variance of the chapter requirement citing relevant chapter section numbers;^Pf

2. An analysis of the rationale for how the potential public health hazards and nuisances addressed by the relevant chapter sections will be alternatively addressed by the proposal;^Pf and

3. A HACCP plan if required as specified under 2VAC5-585-3620 A that includes the information specified under 2VAC5-585-3630 as it is relevant to the variance requested.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-3542 Conformance with approved procedures

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 are submitted as specified under 2VAC5-585-3630 and approved as a basis for the modification or waiver;^P and

3. Maintain and provide to the department, upon request, records specified under subdivisions 5 and 6 c of 2VAC5-585-3630 that demonstrate that the following are routinely employed:

a. Procedures for monitoring critical control points;^Pf

b. Monitoring of the critical control points;^Pf

c. Verification of the effectiveness of the operation or process;^Pf and

d. Necessary corrective actions if there is failure at a critical control point.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3550 (Reserved)

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3560 (Reserved)

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3570 (Reserved)

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3580 (Reserved)

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3590 (Reserved)

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

Article 2 Plan Submission and Approval

2VAC5-585-3600 Facility and operating plans - when plans are required

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 remodeling of a food establishment or a change of type of food establishment or food operation if the department determines that plans and specifications are necessary to ensure compliance with this chapter.^Pf

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3610 Contents of the plans and specifications

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 demonstrate conformance with the provisions of this chapter:

1. Intended menu;

2. Anticipated volume of food to be stored, prepared, and sold or served;

3. Proposed layout, mechanical schematics, construction materials, and finish schedules;

4. Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications;

5. Evidence that standard procedures ensuring compliance with the requirements of this chapter are developed or are being developed; and

6. Other information that may be required by the department for the proper review of the proposed construction, conversion or modification, and procedures for operating a food establishment.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3620 When a HACCP plan is required

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 plan is required according to law;

2. A variance is required as specified under 2VAC5-585-700 D 4, 2VAC5-585-860, or 2VAC5-585-1300 B; or

3. The department determines that a food preparation or processing method requires a variance based on a plan submittal specified under 2VAC5-585-3610, an inspectional finding, or a variance request.

B. Before engaging in reduced oxygen packaging without a variance as specified under 2VAC5-585-870, a permit applicant or permit holder shall submit a properly prepared HACCP plan to the department.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3630 Contents of a HACCP plan

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 food establishment address, and contact information;

2. A categorization of the types of time/temperature control for safety foods that are to be controlled under the HACCP plan;^Pf

3. A flow diagram or chart for each specific food or category type that identifies:

a. Each step in the process;^Pf and

b. The steps that are critical control points;^Pf

4. The ingredients, recipes, or formulations; materials and equipment used in the preparation of each specific food or category type; and methods and procedural control measures that address the food safety concerns involved;^Pf

5. A critical control points summary for each specific food category type that clearly identifies:

a. Each critical control point;^Pf

b. The significant hazards for each critical control point;^Pf

c. The critical limits for each critical control point;^Pf

d. The method and frequency for monitoring and controlling each critical control point by the designated food employee or the person in charge;^Pf

e. Action to be taken by the designated food employee or person in charge if the critical limits for each critical control point are not met;^Pf

f. The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points;^Pfand

g. Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed;^Pf

6. Supporting documents such as:

a. Food employee and supervisory training plan and operating procedures that address the food safety issues of concern;^Pf

b. Copies of blank record forms that are necessary to implement the HACCP plan;^Pf

c. Additional scientific data or other information, as required by the department, supporting the determination that food safety is not compromised by the proposal;^Pf and

7. Any other information required by the department.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3640 Confidentiality - trade secrets

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 2VAC5-585-3630.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3650 Preoperational inspections

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 subdivision 5 of 2VAC5-585-3610 and is in compliance with law and this chapter.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

Article 3 Conditions to Operate

2VAC5-585-3655 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016; repealed, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-3660 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016; repealed, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-3670 Submission 30 calendar days before proposed opening

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3680 Form of submission

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3690 Qualifications and responsibilities of applicants

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 establishment and provide the department with required information and records.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3700 Contents of the application

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3710 New, converted, or remodeled establishments

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 preoperational inspection required by 2VAC5-585-3650 shows that the establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with this chapter.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3720 Existing establishments, change of ownership, or termination

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 shall notify the department in writing of a transfer of legal ownership or termination of business operations. Such notice shall be submitted in writing to the department at least 30 days prior to the transfer of legal ownership or termination of business operation.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3740 Responsibilities of the department

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 food establishment.

B. Failure to provide the information specified in subsection A of this section does not prevent the department from taking authorized action or seeking remedies if the permit holder fails to comply with this chapter or an order, warning, or directive of the department.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 37, Issue 19, eff. June 24, 2021; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3750 Responsibilities of the permit holder

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 under 2VAC5-585-3610;

3. If a food establishment is required under 2VAC5-585-3620 to operate under a HACCP plan, comply with the plan as specified under 2VAC5-585-3542;

4. Immediately contact the department to report an illness of a food employee or conditional employee as specified under 2VAC5-585-80 B;

5. Immediately discontinue operations and notify the department if an imminent health hazard may exist as specified under 2VAC5-585-3910;

6. Allow authorized representatives of the commissioner access to the food establishment as specified under 2VAC5-585-3820;

7. Replace existing facilities and equipment specified in 2VAC5-585-3510 with facilities and equipment that comply with this chapter if:

a. The department directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted;

b. The department directs the replacement of the facilities and equipment because of a change of ownership; or

c. The facilities and equipment are replaced in the normal course of operation;

8. Comply with directives of the department, including timeframes for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department in regard to the permit holder's food establishment or in response to community emergencies;

9. Accept notices issued and served by the department according to law;

10. Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this chapter or a directive of the department, including timeframes for corrective actions specified in inspection reports, notices, orders, warnings, and other directives; and

11. Notify customers that a copy of the most recent establishment inspection report is available upon request by posting a sign or placard in a location in the food establishment that is conspicuous to customers or by another method acceptable to the department.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 37, Issue 19, eff. June 24, 2021; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3760 Permits not transferable

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 application as specified under 2VAC5-585-3700 and the change in operation is not approved.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

Article 4 Inspection and Correction of Violations

2VAC5-585-3800 Frequency, establishing inspection interval

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 under an approved and validated HACCP plan as specified under subdivisions 2 and 3 of 2VAC5-585-3542 and 2VAC5-585-3630;

2. The food establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction; or

3. The establishment's operation involves only coffee service and other unpackaged or prepackaged food that is not time/temperature control for safety food such as carbonated beverages and snack food such as chips, nuts, popcorn, and pretzels.

C. The department shall periodically inspect a temporary food establishment that prepares, sells, or serves unpackaged time/temperature control for safety food and that:

1. Has improvised rather than permanent facilities or equipment for accomplishing functions such as handwashing, food preparation and protection, food temperature control, warewashing, providing drinking water, waste retention and disposal, and insect and rodent control; or

2. Has inexperienced food employees.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Volume 24, Issue 02, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-3810 Performance-based and risk-based inspections

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 by evaluating:

1. Past performance for nonconformance with this chapter or HACCP plan requirements that are priority items or priority foundation items;

2. Past performance for numerous or repeat violations of this chapter or HACCP plan requirements that are core items;

3. Past performance for complaints investigated and found to be valid;

4. The hazards associated with the particular foods that are prepared, stored, or served;

5. The type of operation including the methods and extent of food storage, preparation, and service;

6. The number of people served; and

7. Whether the population served is a highly susceptible population.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3815 Competency of inspectors

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 representatives who inspect a food establishment or conduct plan review for compliance with this chapter have access to training and continuing education as needed to properly identify violations and apply the chapter.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-3820 Access allowed at reasonable times

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 compliance with this chapter by allowing access to the establishment, allowing inspection, and providing information and records specified in this chapter and to which the department is entitled according to law, during the food establishment's hours of operation and other reasonable times.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-3830 Refusal, notification of right to access, and final request for access

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 refer the matter to the Commonwealth's Attorney for handling in accordance with applicable sections of the Code of Virginia; and

2. Make a final request for access.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3840 Refusal, reporting

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 continues to refuse access, the authorized representative shall provide details of the denial of access on an inspection report form.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-3850 Inspection order to gain access

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3860 Documenting information and observations

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 and sewage disposal, and personnel certificates that may be required; and

2. Specific factual observations of violative conditions or other deviations from this chapter that require correction by the establishment permit holder, including:

a. Failure of the person in charge to demonstrate the knowledge of foodborne illness prevention, application of HACCP principles, and the requirements of this chapter specified under 2VAC5-585-60;

b. Failure of food employees, conditional employees, and the person in charge to report a disease or medical condition as specified under 2VAC5-585-80 B and D;

c. Nonconformance with priority items and priority foundation items of this chapter;

d. Failure of the appropriate food employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the department as specified under 2VAC5-585-3542;

e. Failure of the person in charge to provide records required by the department for determining conformance with a HACCP plan as specified under subdivision 5 g of 2VAC5-585-3630; and

f. Nonconformance with critical limits of a HACCP plan.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3870 Specifying time frame for corrections

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3880 Issuing report and obtaining acknowledgment of receipt

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3890 Refusal to sign acknowledgment

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 acknowledgment of receipt will not affect the permit holder's obligation to correct the violations noted in the inspection report within the time frames specified; and

c. A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the department's historical record for the food establishment; and

2. Make a final request that the person in charge sign an acknowledgment receipt of inspectional findings.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3900 Public information

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3910 Imminent health hazard, ceasing operations and reporting

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 service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.^P

B. A permit holder need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.

C. Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the department may agree to continuing operations in the event of an extended interruption of electrical or water service if:

1. A written emergency operating plan has been approved by the department;

2. Immediate corrective action is taken to eliminate, prevent, or control any food safety risk and imminent health hazard associated with the electrical or water service interruption; and

3. The department is informed upon implementation of the written emergency operating plan.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3920 Resumption of operations

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3930 Priority or priority foundation item, timely correction

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 in compliance with its critical limit.^Pf

B. Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the department may agree to or specify a longer timeframe, not to exceed:

1. 72 hours after the inspection, for the permit holder to correct violations of a priority item; or

2. 10 calendar days after the inspection, for the permit holder to correct violations of a priority foundation item or HACCP plan deviations.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3940 Verification and documentation of correction

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 inspection report.

B. As specified under 2VAC5-585-3930 B, after receiving notification that the permit holder has corrected a violation of a priority item or priority foundation item or HACCP plan deviation, or at the end of the specified period of time, the authorized representative shall verify correction of the violation or deviation during the next inspection of the establishment and shall document the information on an inspection report, and enter the report in the department's records.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 19, eff. June 24, 2021; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3950 Core items, timely correction

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 schedule that extends beyond the time limits specified under subsection A of this section if a written schedule of compliance is submitted by the permit holder and no health hazard exists or will result from allowing an extended schedule for compliance.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-3960 (Reserved)

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

Article 5 Prevention of Foodborne Disease Transmission by Employees

2VAC5-585-4040 Investigation and control, obtaining information: personal history of illness, medical examination, and specimen analysis

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 cause a disease that is transmissible through food; or is affected with a boil, an infected wound, or acute respiratory infection, by:

1. Securing a confidential medical history of the food employee or conditional employee suspected of transmitting disease or making other investigations as deemed appropriate; and

2. Requiring appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected food employee or conditional employee.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

2VAC5-585-4050 Restriction or exclusion of food employee or closure of food establishment

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 following control measures:

1. Restricting the food employee or conditional employee;

2. Excluding the food employee or conditional employee; or

3. Closing the food establishment in accordance with law.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-4060 Restriction or exclusion order: warning or hearing not required, information required in order

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 if the order:

1. States the reasons for the restriction or exclusion that is ordered;

2. States the evidence that the food employee or permit holder shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated;

3. States that the suspected food employee or the permit holder may request an appeal hearing by submitting a timely request as provided in law; and

4. Provides the name and address of the authorized representative of the commissioner to whom a request for appeal hearing be made.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 41, Issue 10, eff. February 13, 2025.

2VAC5-585-4070 Release of food employee from restriction or exclusion

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.

History

• Statutory Authority: § 3.2-5121 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010.

Chapter 610 Rules Governing the Solicitation of Contributions

Part I Definitions

2VAC5-610-10 Definitions

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Agents" means one or more persons who transact some business or manage some affair for another, by the authority and on account of the latter, and who render an account of such business or affair to that other. The term "agents" shall include the term "subcontractors."

"Bona fide salaried officer or employee" means a person who is in an employer-employee relationship with a charitable organization and who is compensated exclusively by a fixed annual salary or hourly wage.

"Budget" means a financial plan of action that itemizes expected sources and amounts of income and expenses and that is ratified by the organization's board of directors.

"Certified audited financial statements" means financial statements prepared by an independent certified public accountant with an opinion rendered in accordance with generally accepted accounting principles (GAAP).

"Certified treasurer's report" means an income and expense statement and a balance sheet for the past fiscal year that have been prepared and signed by the organization's treasurer verifying that the report is accurate and true.

"Code" means Code of Virginia (1950), as amended.

"Commissioner" means the Commissioner of the Department of Agriculture and Consumer Services or a member of his staff to whom he may delegate his duties under Chapter 5 (§ 57-48 et seq.) of Title 57 of the Code of Virginia.

"Department" means the Department of Agriculture and Consumer Services.

"File with the commissioner" means depositing the originals of the documents required to be filed, along with payment of the appropriate fee and all supporting documentation, with the department.

"Foundation," as referenced in subdivision A 1 of § 57-60 of the Code of Virginia, means a secondary organization established to provide financial or program support for a primary organization with which it has an established identity.

"Gross contributions" means the total contributions received by the organization from all sources, regardless of geographic location, excluding government grants.

"Having an established identity with" means a relationship between two organizations such that if the primary organization ceased to exist, the secondary organization would also cease to exist.

"Health care institution" means any medical facility that is tax exempt under the Internal Revenue Code § 501(c)(3) and at least one of the following:

1. Licensed by the Department of Health or by the Department of Behavioral Health and Developmental Services;

2. Designated by the Centers for Medicare and Medicaid Services (CMS) as a federally qualified health center;

3. Certified by CMS as a rural health clinic; or

4. Wholly organized for the delivery of health care services without charge, including the delivery of dental, medical, or other health services where a reasonable minimum fee is charged to cover administrative costs.

"IRS" means the U.S. Department of the Treasury, Internal Revenue Service.

"Local civic league or association" means a not-for-profit organization operated to further the common good of the city, town, or county that it is organized to serve.

"Local service club" means a not-for-profit organization that is organized for the purpose of providing educational services, recreational services, charitable services, or social welfare services to the city, town, or county in which such organization operates.

"Past fiscal year" means the most recently completed fiscal year.

"Primary address" means the bona fide physical street address of the organization or sole proprietor.

"Primary name" means the name under which an organization is incorporated, if incorporated; if unincorporated, has been issued a certificate, by the Virginia State Corporation Commission, to transact business in Virginia, if so certified; if neither incorporated nor certified to transact business in Virginia, the name by which the organization is commonly known or referred to, except that such name shall not be an assumed name, or a deceptive name, as described in subsection A of 2VAC5-610-80.

"Report," "register," and "submit" mean "file with the commissioner" as that phrase is defined in this section.

"Subcontractor" means any agent, but not an employee, of a professional solicitor who solicits under a contract or agreement on behalf of the professional solicitor for the benefit of any charitable or civic organization with which the professional solicitor has a contract or agreement.

"Trade association" means an association of business organizations having similar issues and engaged in similar fields formed for mutual protection, exchange of ideas and statistics, and for maintenance of standards within their industry.

"Unified Registration Statement" means the standardized form created by the National Association of Attorneys General and the National Association of State Charity Officials to consolidate the information and data requirements of all states requiring registration.

History

• Statutory Authority: § 57-66 of the Code of Virginia.
• Historical Notes: Derived from VR115-06-01 § 1, eff. March 14, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002; Volume 32, Issue 3, eff. November 5, 2015.

Part II Rules Governing Charitable and Civic Organizations

2VAC5-610-20 Initial registration

A. Documentation required for registration. Except as provided in subsection B of this section, every charitable organization subject to registration, pursuant to § 57-49 of the Code of Virginia, shall file with the commissioner an initial registration statement on a form prescribed by the commissioner or the Unified Registration Statement, with all questions answered, with two signatures, and with all attachments required by Chapter 5 (§ 57-48 et seq.) of Title 57 of the Code of Virginia. The completed registration statement shall include the following attachments:

1. Fee. The appropriate fee in the amount prescribed in subsection E of § 57-49 of the Code of Virginia, made payable to "Treasurer of Virginia";

2. Financial report. A copy of one of the following:

a. For all organizations with prior financial history:

(1) The completed IRS Form 990, 990-PF, or 990-EZ, for the past fiscal year, with all schedules, as required by the IRS, except Schedule B, and with all attachments, as filed with the IRS. The form must be signed or, if the form is filed electronically with the IRS, the organization must submit a copy of the IRS e-file signature authorization;

(2) Certified audited financial statements for the past fiscal year; or

(3) If the annual income of the organization qualifies the organization to file Form 990-N with the IRS, a certified treasurer's report for the past fiscal year.

b. For a newly organized charitable organization that has no financial history, a budget for the current fiscal year shall be filed;

3. Key personnel. A listing for the current fiscal year of the officers, directors, trustees, and principal salaried executive staff officer, including their names, addresses, and titles within the organization;

4. Contracts. A signed copy of all current contracts with any professional fund-raising counsel and any professional solicitor, as required in § 57-54 of the Code of Virginia;

5. Governing documents. If the organization is incorporated, a copy of the certificate of incorporation, articles of incorporation, and any subsequent amendments to those documents; if unincorporated, any governing documents;

6. Bylaws. A copy of the organization's bylaws and any subsequent amendments to that document; and

7. Tax exemption. If the charitable organization is listed with the IRS as tax exempt, a copy of the IRS determination letter and any subsequent notifications of modification; if exempt status is pending, a copy of the completed IRS application form as filed with the IRS.

B. Consolidated or "joint" registration. A statewide or national charitable or civic organization may file a consolidated, or "joint," registration with the commissioner, as described in subsection B of § 57-49 of the Code of Virginia, on behalf of its local chapters, which shall not be considered complete unless accompanied by all supporting documentation specified in subsection A of this section, if:

1. The parent organization shares a group IRS exemption status with its chapters and all financial reporting is consolidated in the parent organization's IRS Form 990, Form 990-PF, or Form 990-EZ, or in its certified audited financial statements; if the organization's annual income qualifies the organization to file Form 990-N with the IRS, in its certified treasurer's report; or

2. Each chapter has its own separate IRS exemption status, but the organization's articles of incorporation or bylaws state that all financial matters are managed by the parent organization and all financial reporting is consolidated in the parent organization's IRS Form 990, Form 990-PF, or Form 990-EZ, or in its certified audited financial statements; if its annual income qualifies the organization to file Form 990-N with the IRS, in its certified treasurer's report.

C. Standard of reporting contributions. Every charitable organization subject to registration, pursuant to § 57-49 of the Code of Virginia, shall:

1. Report the gross contributions when the solicitation does not include goods or services;

2. Report as gross contributions the valuation of any goods or services solicited for resale. Such valuation shall be determined as prescribed in the American Institute of Certified Public Accountants standards for reporting donated goods and services;

3. Report the gross contributions when the solicitation includes the sale or donation of tickets for use by third parties, or when the goods or services sold are of nominal value; and

4. Report contributions, which may be for net contributions only, when received from special events including, but not limited to, dinners, dances, carnivals, raffles, and bingo games, when the goods or services offered are of more than nominal value in return for a payment higher than the direct cost of the goods or services provided.

History

• Statutory Authority: § 57-66 of the Code of Virginia.
• Historical Notes: Derived from VR115-06-01 § 2, eff. March 14, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002; Volume 32, Issue 3, eff. November 5, 2015.

2VAC5-610-30 Annual registration

A. Documentation required for registration. Except as provided in subsection B of this section, every charitable organization subject to registration, pursuant to § 57-49 of the Code of Virginia, shall file with the commissioner an annual registration renewal on a form prescribed by the commissioner or the Unified Registration Statement, with all questions answered, with two signatures, and with all attachments required by Chapter 5 (§ 57-48 et seq.) of Title 57 of the Code of Virginia, on or before the 15th day of the fifth calendar month following the end of the organization's fiscal year. The completed registration statement shall include the following attachments:

1. Fee. The appropriate annual fee in the amount prescribed in subsection E of § 57-49 of the Code of Virginia, made payable to "Treasurer of Virginia";

2. Financial report. A copy of one of the following:

a. The completed IRS Form 990, Form 990-PF, or Form 990-EZ, for the past fiscal year, with all schedules, as required by the IRS, except Schedule B, and with all attachments, as filed with the IRS. The form must be signed or, if the form is filed electronically with the IRS, the organization must submit a copy of the IRS e-file signature authorization;

b. Certified audited financial statements for the past fiscal year; or

c. If the annual income of the organization qualifies the organization to file Form 990-N with the IRS, a certified treasurer's report for the past fiscal year;

3. Key personnel. A listing for the current fiscal year of the officers, directors, trustees, and principal salaried executive staff officer, including their names, addresses, and titles within the organization;

4. Contracts. A signed copy of all current contracts with any professional fund-raising counsel and any professional solicitor, as required by § 57-54 of the Code of Virginia;

5. Governing documents. If the organization is incorporated, a copy of any certificate of incorporation, any articles of incorporation, or amendments to these documents not previously filed with the commissioner: if unincorporated, any amendments to the governing documents not previously filed with the commissioner;

6. Bylaws. A copy of any bylaws or amendments to that document not previously filed with the commissioner; and

7. Tax exemption. If the organization is listed with the IRS as tax exempt, a copy of any IRS determination letter or subsequent notifications of modification not previously filed with the commissioner.

B. Consolidated, or "joint," registration. A statewide or national charitable or civic organization may file a consolidated, or "joint," registration with the commissioner, as described in subsection B of § 57-49 of the Code of Virginia, on behalf of its local chapters, which shall not be considered complete unless accompanied by all supporting documentation specified in subsection A of this section, if:

1. The parent organization shares a group IRS exemption status with its chapters and all financial reporting is consolidated in the parent organization's IRS Form 990, Form 990-PF, or Form 990-EZ, or in its certified audited financial statements; if the organization's annual income qualifies the organization to file Form 990-N with the IRS, in its certified treasurer's report; or

2. Each chapter has its own separate IRS exemption status, but the organization's articles of incorporation or bylaws state that all financial matters are managed by the parent organization and all financial reporting is consolidated in the parent organization's IRS Form 990, Form 990-PF, or Form 990-EZ, or in its certified audited financial statements; if its annual income qualifies the organization to file Form 990-N with the IRS, in its certified treasurer's report.

C. Standard of reporting contributions. Every charitable organization subject to registration, pursuant to § 57-49 of the Code of Virginia, shall:

1. Report the gross contributions when the solicitation does not include goods or services;

2. Report as gross contributions the valuation of any goods or services solicited for resale. Such valuation shall be determined as prescribed in the American Institute of Certified Public Accountants standards for reporting donated goods and services;

3. Report the gross contributions when the solicitation includes the sale or donation of tickets for use by third parties, or when the goods or services sold are of nominal value; and

4. Report contributions, which may be reported as the net contributions only, when received from special events including, but not limited to, dinners, dances, carnivals, raffles, and bingo games, when the goods or services offered are of more than nominal value in return for a payment higher than the direct cost of the goods or services provided.

D. Extension of time to file with the commissioner. Any charitable organization that cannot complete its registration renewal on or before the 15th day of the fifth calendar month following the end of the organization's fiscal year may request in writing, as provided in subsection E of § 57-49 of the Code of Virginia, an extension of time to file with the commissioner. Payment of fees is not required with such a request. Fees are due when the registration is filed. A charitable organization may request an extension of time to file with the commissioner, and an extension may be granted under the following conditions:

1. The charitable organization shall send a written request to the commissioner stating that the organization is requesting an extension of time to file with the commissioner its registration renewal. If the organization has requested, from the IRS, an extension of time to file its IRS Form 990, Form 990-PF, or Form 990-EZ, the organization may send to the commissioner a copy of the IRS extension request in lieu of the written request.

2. If no time period is specified in the written request for extension of time to file, the commissioner shall grant an extension of time to file of 90 days.

3. If the charitable organization is unable to complete its registration renewal within the time period granted by the commissioner in the extension of time to file, the charitable organization may request an additional extension of time to file.

4. In any case, the extension or total of all extensions requested from and granted by the commissioner shall be for no longer than six months after the 15th day of the fifth calendar month following the end of the organization's fiscal year.

5. The organization's registration shall lapse if the annual renewal is not filed by the 15th day of the fifth calendar month following the end of the organization's fiscal year and no extension of time to file is requested from and granted by the commissioner, or if the annual renewal is not filed by the end of the extension period granted. If the organization's registration lapses, the organization shall file an initial registration and pay the initial registration fee in addition to the annual registration fee, as prescribed by 2VAC5-610-20.

History

• Statutory Authority: § 57-66 of the Code of Virginia.
• Historical Notes: Derived from VR115-06-01 § 3, eff. March 14, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002; Volume 32, Issue 3, eff. November 5, 2015.

2VAC5-610-35 Disclosures required of charitable or civic organizations

A. Primary name. The charitable or civic organization shall include in all solicitations the primary name under which it is registered with the commissioner.

B. Use of another charitable or civic organization's name in an appeal by a charitable or civic organization. Pursuant to subsection C of § 57-57 of the Code of Virginia, if the charitable or civic organization uses the name of another charitable or civic organization in its own solicitation, it shall submit a consent to solicit form, prescribed by the commissioner, for each charitable or civic organization named in its own solicitation.

C. Preprinted return addresses. Pursuant to subsection L of § 57-57 of the Code of Virginia, the preprinted address on any return envelope, prepared under the direction of the charitable or civic organization and provided to a potential donor, that is not addressed to the charitable or civic organization's own primary address, shall include the name of the business located at the address on the return envelope in the following format:

ABC Charity c/o XYZ Company 111 Main Street (#) City, ST Zip Code

The name on line two may be the name of the professional fund-raising counsel or solicitor, a third party caging company or bank, a commercial mail-receiving agency, or other receiver, but, in any case, must be the name of the company that actually resides at the preprinted address on the return envelope. This requirement does not apply to mail addressed to a United States Post Office box rented from the U.S. Postal Service.

History

• Statutory Authority: § 57-66 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 32, Issue 3, eff. November 5, 2015.

2VAC5-610-40 Exemption from annual registration

A. Documentation required for exemption application. Any charitable or civic organization claiming exemption from annual registration, pursuant to § 57-60 of the Code of Virginia, shall file with the commissioner on a form prescribed by the commissioner, an application for exemption from annual registration indicating the category of the exemption claimed, with all questions answered, with required signatures, and with all attachments required by Chapter 5 (§ 57-48 et seq.) of Title 57 of the Code of Virginia. The completed exemption application shall include the following attachments:

1. Fee. A fee in the amount prescribed in subsection C of § 57-60 of the Code of Virginia, made payable to "Treasurer of Virginia";

2. Financial report. A copy of one of the following:

a. For all organizations with prior financial history:

(1) The completed IRS Form 990, 990-PF, or 990-EZ, for the past fiscal year, with all schedules, as required by the IRS, except Schedule B, and with all attachments, as filed with the IRS. The form must be signed or, if the form is filed electronically with the IRS, the organization must submit a copy of the IRS e-file signature authorization;

(2) Certified audited financial statements for the past fiscal year; or

(3) If the organization's annual income qualifies the organization to file Form 990-N with the IRS, a certified treasurer's report for the past fiscal year.

b. For a newly organized charitable or civic organization that has no financial history, a budget for the current fiscal year shall be filed;

3. Key personnel. A listing for the current fiscal year of the officers, directors, trustees, and principal salaried executive staff officer, including their names, addresses, and titles within the organization;

4. Contracts. A signed copy of all current contracts with any professional fund-raising counsel and any professional solicitor, as required in § 57-54 of the Code of Virginia;

5. Governing documents. Except as provided in subdivision B 2 of this section, if the organization is incorporated, a copy of the certificate of incorporation, articles of incorporation, and any subsequent amendments to those documents; if unincorporated, any governing documents;

6. Bylaws. Except as provided in subdivision B 2 of this section, a copy of the organization's bylaws and any subsequent amendments to that document; and

7. Tax exemption. If the organization is listed with the IRS as tax exempt, a copy of the IRS determination letter and any subsequent notifications of modification; if tax exempt status is pending, a copy of the completed IRS application form as filed with the IRS.

B. Additional documentation required for specific categories of exemption. In addition to the documentation required in subsection A of this section, the organization shall submit the following documentation for the specific exemption application category named below:

1. Category A, Educational Institutions:

a. Educational institutions that do not confine solicitations to their student body, alumni, faculty, trustees, and their families shall provide a copy of their accreditation certificate as proof of qualification for this exemption.

b. Any foundation having an established identity with any accredited educational institution shall provide a copy of the institution's accreditation certificate and a letter, written by the principal, dean, or the head of the institution by whatever name known, which states that the institution recognizes and corroborates the established identity.

2. Category B, Solicitation for a Named Individual: In the absence of articles of incorporation and bylaws, the charitable organization shall file a copy of the trust agreement or similar document that includes the following information:

a. The names of the persons who control the funds and the fund account;

b. The number of signatures required to extract funds from the fund account;

c. A statement that all contributions collected, without any deductions whatsoever, shall be turned over to the named beneficiary for his use; and

d. A statement, in the event the named beneficiary dies, naming those persons to whom any funds remaining will be distributed upon dissolution of the fund account.

3. Category C, Solicitations not to Exceed $5,000: A copy of the organization's budget for the current calendar year and copies of the certified treasurer's reports for the three previous calendar years, or for the calendar years of the organization's existence if less than three years.

4. Category D, Membership Solicitation Only:

a. The charitable organization shall submit documentation of the dues structure for each class of members; and

b. The charitable organization shall submit copies of any membership recruitment correspondence for the past two mailings.

5. Category E, Solicitations by a Nonresident Charitable Organization: A complete description of all solicitations to be conducted in Virginia by the organization.

6. Category F, Solicitations Confined to Five or Fewer Contiguous Cities and Counties:

a. The organization applying for this exemption (applicant organization) shall submit a copy of each local solicitation permit with the application for exemption.

b. If the organization applying for this exemption (applicant organization) grants money to another charitable organization (grantee) that lies within the area covered by this exemption but pays the grantee's money to the grantee's parent organization that lies outside the area covered by the exemption, then the applicant organization shall keep on file for three years a statement, prepared by the parent organization, that the grant funds are disbursed to the grantee.

7. Category G, Civic Organization: No additional documentation is required.

8. Category H, Health Care Institutions: The charitable organization shall submit a copy of one of the following in support of the category of application:

a. The license issued by the Department of Health or by the Department of Behavioral Health and Developmental Services;

b. Documentation to show that the health care institution has been designated by the Centers for Medicare and Medicaid Services (CMS) as a federally qualified health center;

c. A copy of the CMS-issued rural health clinic certificate;

d. A copy of the free clinic's purpose as stated in its governing documents; or

e. If applying as a supporting organization, a copy of the health care institution's documentation, as specified in subdivision 8 a, b, c, or d of this subsection, and a letter from the health care institution's president, or head by whatever name known, acknowledging that the supporting organization exists solely to support the health care institution. If more than one health care institution is supported, supply this documentation for each health care institution.

For any year in which a health care institution fails to qualify for designation as a federally qualified health center, that health care institution shall file with the commissioner a registration statement for a charitable organization, on a form prescribed by the commissioner in accordance with § 57-49 of the Code of Virginia and 2VAC5-610-20, or submit any other applicable exemption application, in accordance with § 57-60 of the Code of Virginia and this section.

9. Category I, Nonprofit Debt Counseling Agencies: A copy of the nonprofit debt counseling license issued by the Virginia State Corporation Commission, pursuant to § 6.2-2001 of the Code of Virginia.

10. Category J, Area Agencies on Aging: A copy of the agreement between the charitable organization and the Virginia Department for Aging and Rehabilitative Services, pursuant to subdivision A 6 of § 51.5-135 of the Code of Virginia, which designates the organization as an area agency on aging.

11. Category K, Trade Associations: No additional documentation required.

12. Category L, Labor Unions, Labor Associations, and Labor Organizations: No additional documentation required.

13. Category M, Virginia Area Health Education Centers: Copy of the consortium letter issued by the program.

14. Category N, Regional Emergency Medical Services Councils: Copy of the designation letter issued by the Commissioner of Health.

15. Category O, Nonprofit that Solicits Only through Grant Proposals: Copy of the IRS determination letter recognizing the organization as a § 501(c)(3) charitable organization.

C. Consolidated, or "joint," exemptions. A consolidated, or "joint," exemption from annual registration, as described in subsection C of § 57-60 of the Code of Virginia will apply to those local chapters, branches, or affiliates that belong to a network membership. In this instance, the parent membership organization shall submit the consolidated application on behalf of its local chapters, branches, or affiliates, and, if exempted, shall submit a membership roster annually to the commissioner. If the exemption category is of a local nature, such as for civic organizations, the exemption shall apply to the local chapters, but not to the parent organization, if the parent organization, in this instance, is soliciting contributions statewide. In this instance, the parent organization shall file its own application for exemption under § 57-60 of the Code of Virginia, if applicable, or its own annual registration under § 57-49 of the Code of Virginia.

History

• Statutory Authority: § 57-66 of the Code of Virginia.
• Historical Notes: Derived from VR115-06-01 § 4, eff. March 14, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002; Volume 32, Issue 3, eff. November 5, 2015.

2VAC5-610-50 Discontinuance of solicitations in Virginia

A. Ceasing solicitations. If a charitable or civic organization ceases to solicit contributions in Virginia, the charitable or civic organization shall notify the commissioner on or before the 15th day of the fifth month following the end of the organization's fiscal year and shall submit a copy of the completed IRS Form 990, 990-PF, or 990-EZ, for the past fiscal year, with all schedules, as required by the IRS, except Schedule B, and with all attachments, as filed with the IRS, or with certified audited financial statements for the past fiscal year, or if the organization's annual income qualifies the organization to file Form 990-N with the IRS, a certified treasurer's report for the past fiscal year. If the organization submits the IRS Form 990, 990-PF, or 990 EZ, the form must be signed or, if the form is filed electronically with the IRS, the organization must submit a copy of the IRS e-file signature authorization.

B. Dissolution of a charitable or civic organization. Upon a charitable or civic organization's dissolution, the organization shall submit a copy of its certificate of dissolution and a statement showing the distribution of its funds. Such statement shall be a copy of the IRS Form 990, Form 990-PF, or Form 990-EZ with all schedules, as required by the IRS, except Schedule B, and with all attachments, as filed with the IRS upon dissolution, or certified audited financial statements, or if annual income qualifies the organization to file Form 990-N with the IRS, a certified treasurer's report, showing the distribution of its funds. If the organization submits the IRS Form 990, 990-PF, or 990 EZ, the form must be signed or, if the form is filed electronically with the IRS, the organization must submit a copy of the IRS e-file signature authorization.

History

• Statutory Authority: § 57-66 of the Code of Virginia.
• Historical Notes: Derived from VR115-06-01 § 5, eff. March 14, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002; Volume 32, Issue 3, eff. November 5, 2015.

Part III Rules Governing a Professional Fund-Raising Counsel

2VAC5-610-60 Registration of a professional fund-raising counsel

A. Documentation required for registration. Any professional fund-raising counsel subject to registration, pursuant to § 57-61 of the Code of Virginia, shall file with the commissioner a registration statement on a form prescribed by the commissioner, with all questions answered and with an officer's notarized signature. The completed registration statement shall include the following attachments:

1. Fee. An annual fee in the amount prescribed in subsection A of § 57-61 of the Code of Virginia, made payable to "Treasurer of Virginia"; and

2. Contracts. A signed copy of all current contracts with charitable or civic organizations soliciting in Virginia, as required by § 57-54 of the Code of Virginia.

B. Preprinted return addresses. Pursuant to subsection L of § 57-57 of the Code of Virginia, the preprinted address on any return envelope, prepared under the direction of the professional fund-raising counsel and provided to a potential donor, that is not addressed to the charitable or civic organization's own primary address, shall include the name of the business located at the address on the return envelope in the following format:

ABC Charity c/o XYZ Company 111 Main Street (#) City, ST Zip Code

The name on line two may be the name of the professional fund-raising counsel, a third party caging company or bank, a commercial mail-receiving agency, or other receiver, but, in any case, must be the name of the company that actually resides at the preprinted address on the return envelope. This requirement does not apply to mail addressed to a United States Post Office box rented from the U.S. Postal Service.

History

• Statutory Authority: § 57-66 of the Code of Virginia.
• Historical Notes: Derived from VR115-06-01 § 6, eff. March 14, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002; Volume 32, Issue 3, eff. November 5, 2015.

Part IV Rules Governing a Professional Solicitor

2VAC5-610-70 Rules governing a professional solicitor

A. Documentation required for registration. Any professional solicitor subject to registration, pursuant to § 57-61 of the Code of Virginia, shall file with the commissioner a registration statement on a form prescribed by the commissioner, with all questions answered and with an officer's notarized signature. In accordance with subsection A of § 57-61 of the Code of Virginia, a professional solicitor may register for and pay a single fee on behalf of all its members, officers, agents (including any subcontractors), and employees. For any specific campaign, any agent or subcontractor not directly under contract or agreement to the registered professional solicitor must file with the commissioner its own registration. The completed registration statement shall include the following attachments:

1. Fee. An annual fee and late filing fee, if applicable, in the amount prescribed in subsection A of § 57-61 of the Code of Virginia, made payable to "Treasurer of Virginia";

2. Bond. The completed professional solicitor's bond form prescribed by the commissioner as required in subsection B of § 57-61 of the Code of Virginia, with corporate surety authorized by the Virginia State Corporation Commission to act as a surety within the Commonwealth;

3. Governing documents. A copy of the certificate and articles of incorporation, if the solicitor is incorporated, and, if a nonresident (foreign) partnership or corporation, the certificate of authority to transact business in Virginia, as required by the Virginia State Corporation Commission; and

4. Contracts. A signed copy of all current contracts with charitable or civic organizations soliciting in Virginia, as required by § 57-54 of the Code of Virginia, and all current contracts with any agents or subcontractors hired to fulfill the terms of the contracts with those charitable or civic organizations.

B. Written authorization from charitable organizations. No professional solicitor or subcontractor shall solicit in the name of, or on behalf of, any charitable or civic organization unless such solicitor has filed with the commissioner one copy of a written authorization from two officers of such organization, as required in subsection F of § 57-57 of the Code of Virginia. Such written authorization shall be submitted as a solicitation notice or consent to solicit on a form prescribed by the commissioner. The consent to solicit shall be submitted by the professional solicitor for each agent or subcontractor authorized by the charitable or civic organization to conduct the fund-raising campaign. The consent to solicit shall be submitted by the professional solicitor for each charitable or civic organization named in a fund-raising campaign, in addition to the charitable or civic organization with which the professional solicitor has a contract or agreement.

C. Disclosures.

1. Pursuant to § 57-55.2 of the Code of Virginia, each professional solicitor shall, in the course of an oral solicitation:

a. Identify himself by:

(1) Disclosing his own real first name and surname;

(2) Stating affirmatively that he is a "paid solicitor"; and

(3) Disclosing the primary name under which the professional solicitor is registered with the commissioner or, if he is employed by a subcontractor, disclosing the primary name of the subcontractor as identified on the consent to solicit form prescribed by the commissioner; and

b. Identify his employing charitable or civic organization by disclosing the primary name, as registered with the commissioner, of the charitable or civic organization for which the solicitation is being made.

An example of the disclosure for a professional solicitor would be: "This is John Doe, a paid solicitor of XYZ Company. I'm calling on behalf of DEF Charity."

An example of the disclosure for a subcontractor would be: "This is John Doe, a paid solicitor of XYZ Company. I'm calling on behalf of DEF Charity."

An example of the disclosure for an employee of a subcontractor would be: "This is John Doe, a paid solicitor of ABC subcontractor. I'm calling on behalf of DEF Charity."

2. Pursuant to clause (iii) of § 57-55.2 of the Code of Virginia, each professional solicitor shall, in the course of a written solicitation, include the following statement: "The professional solicitor conducting this campaign, (primary name of professional solicitor), files a financial report for each campaign it conducts. Copies of these financial reports are available from the Virginia Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218." This statement shall be in bold typeface no smaller than 10-point with grammatically correct capitalization and lowercase letters. The statement shall appear on the front side of the document on a portion that is retained by the potential donor.

3. Pursuant to subsection L of § 57-57 of the Code of Virginia, the preprinted address on any return envelope, prepared under the direction of the professional solicitor and provided to a potential donor, that is not addressed to the charitable or civic organization's own primary address, shall include the name of the business located at the address on the return envelope in the following format:

ABC Charity

c/o XYZ Company

111 Main Street (#)

City, ST Zip Code

The name on line two may be the name of the professional solicitor, a third party caging company or bank, a commercial mail-receiving agency, or other receiver, but, in any case, must be the name of the company that actually resides at the preprinted address on the return envelope. This requirement does not apply to mail addressed to a United States Post Office box rented from the U.S. Postal Service.

D. Contribution collection devices.

1. Pursuant to subsections A and D and clause (i) of subsection F of § 57-61 of the Code of Virginia, for a solicitation campaign employing collection devices including, but not limited to, vending machines or canisters, the professional solicitor shall maintain a record listing each establishment in which a collection device is placed including:

a. The name of the establishment;

b. The primary address of the establishment;

c. The name of the person in the establishment who granted permission to place the collection device there;

d. The date the collection device was placed in the establishment; and

e. The date on which the collection device was removed.

2. The professional solicitor employing contribution collection devices shall comply with the disclosure provisions of subsection C of this section and with the campaign documents provisions of subsection E of this section.

E. Fund-raising campaign forms.

1. The professional solicitor shall submit the solicitation notice and final accounting report, on forms prescribed by the commissioner, as required in subsections A and D of § 57-61 of the Code of Virginia, and such forms shall not be considered as filed unless all questions are answered and contain original signatures of all required parties.

2. The professional solicitor shall submit the completed solicitation notice on a form prescribed by the commissioner:

a. Prior to any fund-raising campaign; and

b. Annually, on or before the anniversary of the contract date, for any continuous fund-raising campaign.

3. The professional solicitor shall submit an amended solicitation notice on a form prescribed by the commissioner within seven days of any changes to information previously submitted.

4. The professional solicitor shall submit, upon cancellation of a fund-raising campaign prior to any solicitations, a copy of the completed solicitation notice form previously filed, with a statement indicating that the campaign has been canceled. If a campaign is canceled after solicitations have begun, the professional solicitor shall notify the commissioner of the cancellation within seven days of the cancellation and submit the final accounting report on a form prescribed by the commissioner in accordance with subsection E of § 57-61 of the Code of Virginia and this section.

5. The professional solicitor shall submit the final accounting report on a form prescribed by the commissioner:

a. Not later than 90 days after the completion date of the solicitation campaign, or in accordance with extensions granted pursuant to subsection E of § 57-61 of the Code of Virginia, and any subsequent changes in the information submitted shall be reported every 90 days thereafter for a fund-raising campaign of finite duration; and

b. On an annual basis, not later than 90 days after the anniversary of the contract date, or in accordance with extensions granted pursuant to subsection E of § 57-61 of the Code of Virginia, for a continuous fund-raising campaign.

6. The final accounting report required by subdivision E 5 of this section shall not be considered as filed if the completed form does not contain original signatures or if any blanks are not filled in or attachments are missing. Any applicable late filing fees, pursuant to subsection E of § 57-61 of the Code of Virginia, will continue to accrue until a completed final accounting report is filed.

7. The professional solicitor shall maintain during the solicitation, and for a period of three years thereafter, acknowledgment of receipt of donated tickets on a form prescribed by the commissioner from each person or charitable or civic organization to accept tickets and specifying the number of persons on whose behalf tickets were to be accepted. Such completed forms shall be submitted after notice from the commissioner to produce such, pursuant to subsection M of § 57-57 of the Code of Virginia.

F. Subcontractors.

1. Filing requirements.

a. Any subcontractor operating under a contract or agreement with a registered professional solicitor shall be treated as an agent of that professional solicitor and is not required to register.

b. Any agent, but not an employee, of a subcontractor operating under a contract or agreement with that subcontractor to solicit shall register separately.

2. Authorizations to solicit.

a. Subcontractors shall operate under a written contract and such contract shall be filed with the commissioner, pursuant to subdivision A 4 of this section.

b. Subcontractors shall have written authorization from two officers of the charitable or civic organization to solicit on their behalf. Such authorization may be filed on a consent to solicit form prescribed by the commissioner.

3. Subcontractors shall keep records in accordance with subsection F of § 57-61 of the Code of Virginia and shall furnish either the originals or copies to the registered professional solicitor.

History

• Statutory Authority: § 57-66 of the Code of Virginia.
• Historical Notes: Derived from VR115-06-01 § 7, eff. March 14, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002; Volume 32, Issue 3, eff. November 5, 2015.

Part V General Provisions

2VAC5-610-80 General provisions

A. Deceptive names. No charitable or civic organization, professional solicitor, or other person shall solicit contributions using a word, name, symbol or device, or any combination thereof, or identifying itself or its client with a word, name, symbol or device, or any combination thereof, that is likely to cause confusion or to cause mistake or to deceive the public by:

1. Using a name that may cause an entity to be confused with or mistaken for another previously registered or exempt entity; or

2. Using a name that may cause a professional solicitor to be confused with or mistaken for a charitable or civic organization, or mistaken for having the status of a charitable or civic organization.

B. Financial standards. Fiscal records shall be kept in accordance with the standards and practices as specified in § 57-53 of the Code of Virginia or generally accepted accounting principles and reporting practices of the organization's particular field as recognized by the American Institute of Certified Public Accountants.

C. Disclosure by for-profit organizations. Every professional solicitor that solicits contributions for a for-profit organization and every for-profit organization required to issue a written statement for contributions received shall include in the disclosure required by § 57-55.2:1 of the Code of Virginia a statement that the contributors' donations are not tax-deductible on the contributors' income tax returns.

D. Receipt. The department shall deem completed documents to be filed or received (i) on the date received by the department or (ii) if sent by mail, on the date postmarked provided the document is received by the department subsequent to the mailing.

E. Filing on a holiday. When the date for the annual renewal of registration of a charitable organization, professional fund-raising counsel, or professional solicitor falls on a Saturday, Sunday, or a state or federal holiday, filing shall be due on the next day that is not a Saturday, Sunday, or a state or federal holiday.

F. Change in information filed. Except as otherwise provided by the Code of Virginia or by this chapter, every registered charitable organization, professional fund-raising counsel, and professional solicitor shall report to the commissioner, in writing, any change in information previously filed with the commissioner within seven days after the change occurs.

History

• Statutory Authority: § 57-66 of the Code of Virginia.
• Historical Notes: Derived from VR115-06-01 § 8, eff. March 14, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002; Volume 32, Issue 3, eff. November 5, 2015.

Chapter 620 Requirements Pertaining to the Establishment of the Dangerous Dog Registry

Part I Definition

2VAC5-620-10 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 10, eff. December 18, 2012; repealed, Virginia Register Volume 36, Issue 19, eff. May 11, 2020.

2VAC5-620-20 Definition

The following term when used in this regulation shall have the following meaning unless the context clearly indicates otherwise:

"Dangerous dog" means a canine or hybrid canine that has been found to be a dangerous dog by a court of law pursuant to § 3.2-6540 of the Code of Virginia.

History

• Statutory Authority: §§ 3.2-6540 and 3.2-6542 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 25, Issue 11, eff. March 4, 2009; amended, Volume 29, Issue 10, eff. December 18, 2012; Volume 36, Issue 19, eff. May 11, 2020; Volume 40, Issue 19, eff. May 6, 2024.

Part II Registration, Renewal, and Notifications

2VAC5-620-30 Initial registration requirements

A. Unless a dangerous dog has been euthanized or moved out of state, within 30 days of a finding by a court of competent jurisdiction that an animal is a dangerous dog, the animal control officer shall:

1. Provide the owner of the dangerous dog with a copy of §§ 3.2-6540 and 3.2-6542 of the Code of Virginia and this chapter.

2. Collect from the owner of the dangerous dog and verify the accuracy of all of the information required by §§ 3.2-6540 and 3.2-6542 of the Code of Virginia and this chapter, including the following:

a. The names, addresses, and telephone numbers of all owners;

b. All information necessary to locate the owners and the dog at all times;

c. Identification verifying that all owners of the dangerous dog are 18 years of age or older or the identification of the custodial parent or legal guardian of any owner younger than 18 years of age;

d. The acts that resulted in the dog being designated as dangerous;

e. The parties to the proceeding wherein the dog was found to be dangerous, the docket number and the court where the case was tried, and the requirements imposed by the judge on the owners of the dog;

f. The address where the dangerous dog is maintained and the name of the owner residing at that address;

g. The dangerous dog's name, sex, age, weight, primary breed, secondary breed, color, and markings;

h. Two photographs of the dangerous dog head to paw, one front view and one side view;

i. The number of the dog license issued by the locality pursuant to § 3.2-6526 of the Code of Virginia;

j. Verification that the dangerous dog has a current rabies vaccination, including expiration date, name, address, and telephone number of the veterinary practice that administered the vaccine and issued the rabies tag number;

k. Documentation from a licensed veterinarian that the dangerous dog has been surgically neutered or spayed to include date of surgery; name of the veterinarian performing the surgery; and the practice name, address, and telephone number;

l. Evidence that the dangerous dog is or will be confined in a proper enclosure or is or will be confined inside the owner's residence or is or will be muzzled and confined in the owner's fenced-in yard until a proper enclosure is constructed;

m. Evidence that the residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property;

n. Documentation that the dangerous dog has been identified permanently by means of electronic implantation, including the name, practice name, address, and telephone number of the veterinary practice that performed the procedure, the identification number, and the microchip company;

o. A copy of the liability insurance coverage from a company licensed to do business in Virginia in the amount of at least $100,000 that covers the owners for damages caused by dog bites. In lieu of liability insurance, the owner may obtain and maintain a bond in surety in the amount of $100,000. The bond shall be made to the chief administrative officer of the locality where one of the owners resides or where the dangerous dog is maintained for the benefit of those damaged by the bite of the dangerous dog. The form of the bond should be approved by the local jurisdiction's attorney; and

p. A signed statement of compliance with the provisions of the order finding the dog dangerous.

3. Complete the Dangerous Dog Registration Form and Registration Certificate with the owner. The Dangerous Dog Registration Form and Registration Certificate shall include all information necessary to ensure continued compliance with §§ 3.2-6540 and 3.2-6542 of the Code of Virginia and this chapter.

4. Provide the owner with a Dangerous Dog Registration Certificate from the local animal control officer or treasurer. The owner shall pay a fee of $150 in addition to other fees that may be authorized by law to obtain this certificate.

5. Provide the owner a uniformly designed Virginia Dangerous Dog tag from the local animal control officer or treasurer that has a unique identification number and identifies the animal as a Virginia dangerous dog.

6. Affix the tag to the animal's collar and advise the owner that the animal must wear the collar and tag at all times.

7. Enter all required information to the Virginia Dangerous Dog Registry within five business days of the completion of the registration certificate and collection of the associated fee.

B. The owner of the dangerous dog shall retain the original Dangerous Dog Registration Certificate so long as the dangerous dog remains in his possession.

History

• Statutory Authority: §§ 3.2-6540 and 3.2-6542 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 10, eff. December 18, 2012; Volume 36, Issue 19, eff. May 11, 2020; Volume 40, Issue 19, eff. May 6, 2024.

2VAC5-620-40 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 10, eff. December 18, 2012; repealed, Virginia Register Volume 36, Issue 19, eff. May 11, 2020.

2VAC5-620-50 Renewal registration procedures and requirements

The following shall be the procedures and requirements for the annual renewal of registration in the dangerous dog registry:

1. The State Veterinarian shall mail each owner of a dangerous dog a reminder at least 60 calendar days prior to January 31 of each year that the Dangerous Dog Registration Certificate needs to be renewed. A copy shall be sent to the animal control officer of the jurisdiction where the dangerous dog is maintained.

2. By January 31 of each year, until the dangerous dog is deceased, the owner of a dangerous dog shall renew the Dangerous Dog Registration Certificate for a fee of $85 by submission of a Dangerous Dog Renewal Form to the local animal control officer.

3. The Dangerous Dog Renewal Form shall include all information necessary to ensure continued compliance with §§ 3.2-6540 and 3.2-6542 of the Code of Virginia and this chapter.

4. The local animal control officer shall verify all information submitted by the owner on the Dangerous Dog Renewal Form and enter the information to the Dangerous Dog Registry within five business days of such verification.

5. The owner of any dog found to be dangerous by a court of competent jurisdiction within 60 calendar days prior to January 1 shall be exempt from the first annual renewal registration and the associated fee.

History

• Statutory Authority: §§ 3.2-6540 and 3.2-6542 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 10, eff. December 18, 2012; Volume 36, Issue 19, eff. May 11, 2020; Volume 40, Issue 19, eff. May 6, 2024.

2VAC5-620-60 (Repealed.)

History

• Statutory Authority: § 3.2-6540 and 3.2-6542 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; repealed, Virginia Register Volume 29, Issue 10, eff. December 18, 2012.

2VAC5-620-70 Dangerous dog tag

The following shall be the procedures and requirements pertaining to the dangerous dog tag:

1. The State Veterinarian shall provide each jurisdiction a sequential batch of uniformly designed Virginia Dangerous Dog tags. Localities shall request additional tags from the State Veterinarian, as necessary.

2. The following information shall be inscribed on the front of the Virginia Dangerous Dog tag: "Virginia Dangerous Dog," and a unique dangerous dog identifying number. The back of the tag shall have inscribed return information: "If found contact the State Veterinarian's Office at (804) 692-0601."

3. The unique Virginia Dangerous Dog tag identification number shall remain active in the Dangerous Dog Registry until proof of death of the animal or until a new Virginia Dangerous Dog tag is issued.

4. The owner of a dangerous dog shall notify the local animal control officer within 10 calendar days of a lost Virginia Dangerous Dog tag.

5. The local animal control officer shall issue a new Virginia Dangerous Dog tag and identification number to the owner and update the tag information in the Dangerous Dog Registry.

History

• Statutory Authority: §§ 3.2-6540 and 3.2-6542 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 36, Issue 19, eff. May 11, 2020.

2VAC5-620-80 Notification requirements for dangerous dog incidents

A. At any time during the adjudication process or after a dog has been found to be a dangerous dog by a court of competent jurisdiction, the dog's owner shall notify the local animal control officer within 24 hours if any of the following occur:

1. The dog is loose or unconfined.

2. The dog bites or attacks a person or another animal.

3. There is a complaint that the dog bit or attacked a person or another animal.

4. Any claims are made or lawsuits are brought as a result of any attack by the dog.

5. The dog is sold, given away, or dies.

B. The local animal control officer who receives notification in accordance with subsection A of this section shall update the Dangerous Dog Registry with these facts within five business days of receipt of such notification.

History

• Statutory Authority: §§ 3.2-6540 and 3.2-6542 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 10, eff. December 18, 2012; Volume 36, Issue 19, eff. May 11, 2020.

2VAC5-620-90 Notification requirements for change of address or contact information; updated information

If, at any time during the adjudication process or after an animal has been found to be a dangerous dog by a court of competent jurisdiction, there is a change in the address of the owner or a change in the address where the dangerous dog is maintained, the following notification shall occur within 10 days:

1. If the owner moves the dangerous dog to a new address within the same jurisdiction, the owner shall submit a Dangerous Dog Renewal Form to the local animal control officer indicating the new address. The animal control officer will enter the new address into the Dangerous Dog Registry within five business days of notification.

2. If the owner moves the dangerous dog to a different Virginia jurisdiction, the owner shall submit a Dangerous Dog Renewal Form to both the local animal control officer in the new jurisdiction to which the animal has moved and to the animal control officer in the jurisdiction from which the animal has moved.

a. The local animal control officer of the jurisdiction from which the animal has moved shall initiate a jurisdiction transfer in the Dangerous Dog Registry within five business days of notification and shall verify that the local animal control officer of the jurisdiction to which the dog has moved is in receipt of the Dangerous Dog Renewal Form. If the form has not been received, the local animal control officer of the jurisdiction from which the animal has moved shall provide any information necessary to contact the owner of the dangerous dog.

b. The local animal control officer of the jurisdiction to which the animal has been moved shall verify compliance with §§ 3.2-6540 and 3.2-6542 of the Code of Virginia and this chapter and make any necessary changes to information in the Dangerous Dog Registry.

3. If the owner moves the dangerous dog to a locality outside of Virginia, the owner shall submit a Dangerous Dog Renewal Form to the local animal control officer in the jurisdiction from which the animal has moved. The local animal control officer shall mark the dog as inactive in the Dangerous Dog Registry and inform the locality to which the animal has moved within five business days of notification.

4. There shall be no charge for submitting updated information between registration renewals.

History

• Statutory Authority: §§ 3.2-6540 and 3.2-6542 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 29, Issue 10, eff. December 18, 2012; Volume 36, Issue 19, eff. May 11, 2020.

Part III Virginia Dangerous Dog Registry

2VAC5-620-100 Operation and maintenance of the Dangerous Dog Registry

The following shall be the procedures and requirements for the operation and maintenance of the Dangerous Dog Registry:

1. The State Veterinarian shall operate and maintain a website to be named the Virginia Dangerous Dog Registry.

2. A personal identification number (PIN) shall be assigned by the State Veterinarian to each local jurisdiction for administrative access to the Dangerous Dog Registry.

3. All information in the Dangerous Dog Registry shall be available to the State Veterinarian and local jurisdictions via the website.

4. The address of the owner, name and breed of the dangerous dog, acts that resulted in the dog being found dangerous, and information necessary to access court records of the adjudication for each dangerous dog shall be available to the public via the website.

5. Any funds collected for the Dangerous Dog Registry shall be used by the State Veterinarian to maintain the Dangerous Dog Registry and website.

History

• Statutory Authority: §§ 3.2-6540 and 3.2-6542 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 23, Issue 19, eff. July 1, 2007; amended, Virginia Register Volume 25, Issue 11, eff. March 4, 2009; Volume 29, Issue 10, eff. December 18, 2012; Volume 36, Issue 19, eff. May 11, 2020.

2VAC5-620-110 Local treasurers to remit a portion of fees collected to the State Veterinarian

The State Veterinarian will send each locality an invoice by January 1 for fees due for each dog registered or renewed in the Dangerous Dog Registry within the locality during the previous calendar year. Each local treasurer shall remit to the State Veterinarian by January 31 of each year $90 for each dangerous dog for which an initial Dangerous Dog Registration Certificate was issued and $25 for each dangerous dog for which a Dangerous Dog Renewal Registration Form was issued within the local treasurer's locality during the previous fiscal year. A locality will not be liable for the portion of the fee due to the State Veterinarian if it has not collected the fee from the dangerous dog owner, provided a good faith effort was made to collect such fee.

History

• Statutory Authority: §§ 3.2-6540 and 3.2-6542 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 10, eff. December 18, 2012; amended, Virginia Register Volume 36, Issue 19, eff. May 11, 2020.

Chapter 675 Regulations Governing Pesticide Fees Charged by the Department of Agriculture and Consumer Services

Part I Definitions

2VAC5-675-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. All terms defined in Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2 of the Code of Virginia are hereby incorporated by reference in this chapter.

"Board" means the Board of Agriculture and Consumer Services.

"Brand" means any word, name, symbol, device, or any combination thereof, which serves to distinguish a pesticide product manufactured, distributed, sold, or offered for sale by one person from that manufactured, distributed, sold, or offered for sale by any other person.

"COB" means close-of-business.

"Commissioner" means the Commissioner of Agriculture and Consumer Services.

"Department" means the Department of Agriculture and Consumer Services.

"Grade" means formulation of a pesticide, except that the addition of pigments solely for color shall not constitute a change in the formulation such as to constitute a new grade requiring registration.

"Limited quantities" means purchases, at cost, for resale, of less than $50,000 annually per outlet of products containing nonrestricted use pesticide active ingredients.

"Registered technician" means an individual who renders services similar to those of a certified commercial applicator, but who has not completed all the training or time in service requirements to be eligible for examination for certification as a commercial applicator, and is limited to application of general use pesticides. However, if he applies restricted use pesticides he shall do so only under the direct supervision of a certified commercial applicator.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-30-10, derived from VR115-04-20 § 1.1, eff. July 13, 1990; amended, Virginia Register Volume 10, Issue 24, eff. September 21, 1994; Volume 25, Issue 12, eff. March 18, 2009; amended and renumbered as 2VAC5-675-10, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

Part II Fees

2VAC5-675-20 Pesticide product registration fee; registration of new pesticide products; renewal of pesticide product registration

A. Every pesticide product manufactured, distributed, sold, offered for sale, used, or offered for use within the Commonwealth shall be registered with the commissioner. The fee for registering each brand shall be $225. If a brand has more than one grade, each grade shall be registered, not the brand at the registration fee then in effect. The registration for a new pesticide product shall be effective upon receipt by the Department of Agriculture and Consumer Services of the application form accompanied by the required registration fee.

B. All pesticide product registrations shall expire on December 31 of each year unless canceled or otherwise terminated for cause. A registration not canceled or otherwise terminated for cause will be renewed upon receipt of the annual registration fee as set forth in subsection A of this section accompanied by the application renewal form. A registration that has been canceled or otherwise terminated for cause prior to December 31 may be resubmitted as a new registration when the conditions resulting in the cancellation or termination have been resolved. The registration of each brand or grade shall be renewed with the commissioner prior to December 31 of each year. If the registration is not renewed prior to December 31 of each year, the commissioner shall assess a late fee of 20% that shall be added to the registration fee. The late fee shall apply to all renewal registrations submitted to the department any time during the 12-month period following the expiration of the registration. Registrants who permit a registration to lapse for more than one year shall thereafter register the product as a new product. The applicant shall pay the total fee prior to the issuance of the registration by the commissioner.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-30-20, derived from VR115-04-20 § 2.1, eff. July 13, 1990; amended, Virginia Register Volume 10, Issue 24, eff. September 21, 1994; Volume 20, Issue 23, eff. August 26, 2004; renumbered as 2VAC5-675-20, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 35, Issue 21, eff. July 11, 2019.

2VAC5-675-30 Commercial applicator certificate fee

Any person applying for a certificate as a commercial applicator shall pay to the department an initial nonrefundable certificate fee of $25. All certificates shall expire on June 30 in the second year after issuance unless suspended or revoked for cause. A certificate not suspended or revoked for cause will be renewed upon receipt of an application for renewal submitted by June 30. If the certificate is not renewed within 60 days following the expiration of the certificate, then such certificate holder shall be required to take another examination. The fee for this reexamination or for any commercial applicator reexamination pursuant to subsection C of § 3.2-3930 of the Code of Virginia shall be $25 and shall be nonrefundable. Any person applying to add a category or subcategory to a certificate shall pay to the department a nonrefundable fee of $25. Federal, state, and local government employees certified to use or supervise the use of pesticides in government programs shall be exempt from any certification fees.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-30-30, derived from VR115-04-20 § 2.2, eff. July 13, 1990; amended, Virginia Register Volume 10, Issue 24, eff. September 21, 1994; Volume 20, Issue 23, eff. August 26, 2004; Volume 25, Issue 12, eff. March 18, 2009; renumbered as 2VAC5-675-30, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 35, Issue 21, eff. July 11, 2019; Volume 38, Issue 12, eff. March 17, 2022; Volume 41, Issue 7, eff. January 2, 2025.

2VAC5-675-40 Registered technician certificate fee

Any person applying for a certificate as a registered technician shall pay to the department an initial nonrefundable certificate fee of $25. All certificates shall expire on June 30 in the second year after issuance unless suspended or revoked for cause. A certificate not suspended or revoked for cause will be renewed upon receipt of an application for renewal submitted by June 30. If the certificate is not renewed within 60 days following the expiration of the certificate, then such certificate holder shall be required to take another examination. The fee for this reexamination pursuant to subsection C of § 3.2-3930 of the Code of Virginia shall be $25 and shall be nonrefundable. Federal, state, and local government employees certified to use pesticides in government programs shall be exempt from any certification fees.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-30-40, derived from VR115-04-20 § 2.3, eff. July 13, 1990; amended, Virginia Register Volume 10, Issue 24, eff. September 21, 1994; Volume 20, Issue 23, eff. August 26, 2004; Volume 25, Issue 12, eff. March 18, 2009; renumbered as 2VAC5-675-40, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 35, Issue 21, eff. July 11, 2019; Volume 38, Issue 12, eff. March 17, 2022; Volume 41, Issue 7, eff. January 2, 2025.

2VAC5-675-50 Business license fee

Any pesticide business that distributes, stores, sells, recommends for use, mixes, or applies pesticides shall pay a nonrefundable annual pesticide business licensing fee of $75 for each location or outlet that it operates. All business licenses will expire at midnight on March 31 of each year unless suspended or revoked for cause. If a business license is not suspended or revoked for cause, it will be renewed upon payment of the annual fee. If any person operating as a pesticide business fails to apply for renewal of a pesticide business license by COB March 31, the applicant, as a condition of renewal, shall pay a late license fee of 20% of the licensing fee in addition to that fee. Merchants of limited quantities of nonrestricted use pesticides, including grocery stores, convenience stores, drug stores, veterinarians, and other businesses that sell pesticides primarily for limited household use, shall be exempt from the business license requirement.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-30-50, derived from VR115-04-20 § 2.4, eff. July 13, 1990; amended, Virginia Register Volume 10, Issue 24, eff. September 21, 1994; renumbered as 2VAC5-675-50, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 35, Issue 21, eff. July 11, 2019; Volume 41, Issue 7, eff. January 2, 2025.

Chapter 680 Regulations Governing Licensing of Pesticide Businesses Operating under Authority of the Virginia Pesticide Control Act

Part I Definitions

2VAC5-680-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the Board of Agriculture and Consumer Services.

"Bulk pesticide" means any registered pesticide concentrate that is transported or held in an individual container in undivided quantities of greater than 55 U.S. gallons liquid measure or greater than 100 pounds net dry weight.

"Certification" or "certified" means the recognition granted by the Board of Agriculture and Consumer Services to an applicator upon satisfactory completion of board approved requirements.

"Commercial applicator" means any person who has completed the requirements for certification as determined by the board to use or supervise the use of any pesticide for any purpose or on any property other than as provided in the definition of private applicator.

"Commissioner" means the Commissioner of Agriculture and Consumer Services.

"Department" means the Department of Agriculture and Consumer Services.

"Distribute" or "distribution" means the act of distributing, selling, offering for sale, holding for sale, shipping, holding for shipment, delivering for shipment or receiving and, having so received, delivering or offering to deliver, or releasing for shipment to any person in any state. The term includes the sale of pesticides to wholesalers, retailers, and other merchants or to industrial, institutional, and commercial businesses for use by the employees of the business.

"EPA" means the U.S. Environmental Protection Agency.

"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act as amended, and incorporated by reference in this chapter.

"Licensed" or "licensee" means those businesses which, upon meeting the requirements established by the Board of Agriculture and Consumer Services, are issued a license to engage in the sale, storage, distribution, recommendation for use, or application of pesticides in Virginia in exchange for compensation.

"Limited household use" means the use of any general use pesticide product in or on a person's own dwelling and associated grounds such as lawn, garden, pool, or outbuildings. The term also means the use of a general use pesticide applied to animals owned as pets or raised for personal use and the use of personal use products such as mosquito repellents.

"Limited quantities" means purchases, at cost, for resale, of less than $50,000 annually per outlet of products containing nonrestricted use pesticide active ingredients.

"Multiple violations" means more than one violation of the Act or regulations pursuant to the Act.

"Pest management consultant" means any person, who may or may not apply pesticides himself, who has obtained a business license in accordance with the requirements listed in this chapter, and who is authorized by this chapter to provide technical advice, supervision or aid, or recommendations for pesticide application commercially in Virginia.

"Pesticide" means (i) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, or other forms of plant or animal life or viruses or bacteria, except viruses on or in living man or other animals, which the commissioner shall declare to be a pest, (ii) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant, and (iii) any substance which is intended to become an active ingredient in any substance defined in clauses (i) and (ii) of this definition.

"Pesticide business" means any person engaged in the business of distributing, applying, or recommending the use of a product or storing, selling, or offering for sale pesticides for distribution directly to the user. The term "pesticide business" does not include (i) wood treaters not for hire; (ii) seed treaters not for hire; (iii) operations that produce agricultural products unless the owners or operators of such operations described in clauses (i), (ii), and (iii) of this definition are engaged in the business of selling or offering for sale pesticides, or distributing pesticides to persons outside of that agricultural producing operation in connection with commercial transactions; or (iv) businesses exempted by regulations adopted by the board.

"Pesticide business location" means any physical location of a pesticide business used to transact business financial transactions, arrangement of services, or assignment of work or where products, supplies, or business mail is delivered. The term excludes buildings or locations, including employees' residences, used solely for storage of service vehicles, equipment, or supplies or telephone answering services.

"Private applicator" means an applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.

"Restricted use pesticide" or "pesticide classified for restricted use" means any pesticide classified as restricted by the Administrator of the U.S. Environmental Protection Agency.

"Sale" or "sell" means the transfer of goods to or to render services to another in exchange for compensation of any kind.

"Virginia Pesticide Control Act" or "Act" means Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2 of the Code of Virginia.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-40-10, derived from VR115-04-22 § 1.1, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; Volume 25, Issue 12, eff. March 18, 2009; amended and renumbered as 2VAC5-680-10, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 33, Issue 24, eff. August 24, 2017.

Part II Procedures for Obtaining a Business License

2VAC5-680-20 General requirements for all pesticide businesses; exemptions

A. Any person or business that, in exchange for compensation, sells, stores, distributes, mixes, applies, or recommends for use pesticides in Virginia shall obtain a valid pesticide business license pursuant to this chapter. Each pesticide business location shall be licensed.

B. Exempted from the provisions of this chapter are the following:

1. Merchants of limited quantities of nonrestricted use pesticides who sell pesticides primarily intended for limited household use;

2. Federal, state and local governmental agencies;

3. Certified applicators not for hire; including those who use or supervise the use of pesticides as part of their job duties only on property owned or leased by themselves or their employer; and

4. Providers of janitorial, cleaning or sanitizing services if the providers use no pesticides other than sanitizers, disinfectants and germicides.

C. Application for a pesticide business license is made by submitting to the department (i) a completed application form, (ii) a check or money order in the amount of the annual business license fee established by the board, and (iii) evidence of financial responsibility, as required in 2VAC5-680-80.

D. Each applicant for a pesticide business license, or an employee designated by the applicant, shall demonstrate to the commissioner his knowledge of (i) pesticide laws and regulations; (ii) potential hazards of pesticides to man and the environment; and (iii) safe distribution, use, and disposal of pesticides by passing a written examination prior to his being issued a business license. If the applicant is already certified as a commercial applicator, he shall be exempt from the initial examination requirement.

E. All licensed pesticide businesses shall maintain written records pertaining to their operations, as required in this chapter.

F. All licensed pesticide business locations or outlets which sell restricted use pesticides, or distribute restricted use pesticides for purposes of selling, shall have a certified commercial applicator present who shall bear immediate responsibility for the correct and safe operation of the location or outlet. Each business shall notify the department of the name of the commercial applicator assigned to each location or outlet, and shall also notify the department within three business days of any change in the applicator assignments during the license period.

G. All licensed pesticide businesses that store, repack and distribute bulk pesticides shall meet the requirements established by the board for the storage, repackaging and distribution of bulk pesticides.

H. All pesticide business licenses shall expire at midnight on March 3l of each year. Licensees shall renew their licenses annually by application to the department and payment of the annual fee on or before close of business March 31. The department shall charge a 20% penalty in addition to the regular fee for renewal applications filed after March 31.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-40-20, derived from VR115-04-22 § 2, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; renumbered as 2VAC5-680-20, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 33, Issue 24, eff. August 24, 2017.

2VAC5-680-30 Business licensing requirements for commercial applicators

Any person mixing or applying any pesticide commercially in Virginia shall either (i) obtain a valid pesticide business license pursuant to 2VAC5-680-20 A, or (ii) be employed by a currently licensed pesticide business. The business license and fee shall not be considered a substitute for the commercial applicator certification and fee. Possession of a business license does not authorize the licensee to apply restricted use pesticides, nor does it allow a reduction of the fee necessary for an applicator's certification.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-40-30, derived from VR115-04-22 § 2.2, eff. January 2, 1991; amended and renumbered as 2VAC5-680-30, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

2VAC5-680-40 Business licensing requirements for pest management consultants

A. Any person or business which recommends any pesticide for use commercially in Virginia shall obtain a valid pesticide business license issued pursuant to 2VAC5-680-20 A. This provision shall exclude sales personnel of a licensed pesticide business, company training, technical and sales representatives certified in the demonstration pesticide applicator category, and governmental employees while performing in an official capacity.

B. The specialty categories for a pest management consultant shall conform to the commercial applicator categories established pursuant to the Act. The pest management consultant shall meet the requirements of the specific category or subcategory in which he is making recommendations for pesticide use prior to being issued a business license.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-40-40, derived from VR115-04-22 § 2.3, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; amended and renumbered as 2VAC5-680-40, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

Part III Recordkeeping

2VAC5-680-50 General recordkeeping requirements

A. Records covered in this chapter shall, upon written request, be made available for inspection by the commissioner or his designee during normal business hours. Records not readily available shall be submitted to the commissioner within 72 hours if so requested in writing. Records may be submitted electronically in a manner specified by VDACS, including, but not limited to, electronic mail or by completing any forms provided online by VDACS.

B. Persons possessing records covered in this part (2VAC5-680-50 et seq.) shall fully comply with the requirements contained in the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136 F) and regulations pursuant thereto.

C. Pesticide businesses shall maintain for a period of two years all records required by this chapter.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-40-50, derived from VR115-04-22 § 3.1, eff. January 2, 1991; amended, Virginia Register Volume 24, Issue 17, eff. June 12, 2008; amended and renumbered as 2VAC5-680-50, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

2VAC5-680-60 Recordkeeping of restricted use pesticide sales by pesticide businesses

A. Pesticide businesses that sell restricted use pesticides shall maintain a record of each restricted use pesticide sold. Each sales record shall contain the following:

1. Name, address, certified applicator number or business license number, and certificate or license expiration date of the person to whom the restricted use pesticide was sold or delivered;

2. Date of sale;

3. Brand, trademark, or product name appearing on the product's label;

4. EPA registration number; and

5. Quantity of pesticide sold or delivered.

B. The restricted use pesticide sales recordkeeping requirement may be satisfied by invoices, if (i) such invoices are kept separate from the licensee's other sales records, and (ii) the invoices contain the information required by subsection A of this section.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-40-60, derived from VR115-04-22 § 3, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; renumbered as 2VAC5-680-60, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 33, Issue 24, eff. August 24, 2017.

2VAC5-680-65 Recordkeeping of pesticide applications by licensed pesticide businesses

Licensed pesticide businesses shall maintain a record of each pesticide applied. This shall apply to both general use and restricted use pesticides. Each record shall contain the:

1. Name, address, and telephone number of customer and address or location, if different, of site of application;

2. Name and certification number (or certification number of the supervising certified applicator) of the person making the application;

3. Day, month and year of application;

4. Type of plants, crop, animals, or sites treated and principal pests to be controlled;

5. Acreage, area, or number of plants or animals treated;

6. Brand, trademark, or product name appearing on the product's label;

7. EPA registration number;

8. Amount of pesticide concentrate and amount of diluent used, by weight or volume, in mixture applied; and

9. Type of application equipment used.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-40-65, derived from Virginia Register Volume 22, Issue 26, eff. October 5, 2006; renumbered as 2VAC5-680-65, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 33, Issue 24, eff. August 24, 2017.

2VAC5-680-70 Recordkeeping of pesticide applications by pesticide businesses

Pesticide businesses shall maintain a record of each pesticide applied. This shall apply to both general use and restricted use pesticides. Each record shall contain the:

1. Name, address, and telephone number of customer and address or location, if different, of site of application;

2. Name and certification number (or certification number of the supervising certified applicator) of the person making the application;

3. Day, month and year of application;

4. Type of plants, crop, animals, or sites treated and principal pests to be controlled;

5. Acreage, area, or number of plants or animals treated;

6. Brand, trademark, or product name appearing on the product's label;

7. EPA registration number;

8. Amount of pesticide concentrate and amount of diluent used, by weight or volume, in mixture applied; and

9. Type of application equipment used.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-40-70, derived from VR115-04-22 § 3, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; renumbered as 2VAC5-680-70, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 33, Issue 24, eff. August 24, 2017.

Part IV Evidence of Financial Responsibility

2VAC5-680-80 Evidence of financial responsibility required of a licensed pesticide business

A. Prior to being issued a pesticide business license, a business shall furnish evidence of financial responsibility, consisting of a liability insurance policy from a person authorized to do business in Virginia, or a certification thereof, protecting persons who may suffer legal damages as a result of the use of any pesticide by the applicant.

B. The liability insurance policy shall meet the following conditions:

1. The certificate of insurance shall include the name of the insurance company, policy number, insurance amount, type of coverage afforded, any exclusions relating to damage arising from the use of pesticides, and expiration date of the policy. The policy shall cover liability arising out of the handling, storage, application, use or misuse, or disposal of any pesticide; it shall also cover liability relating to completed operations.

2. The policy shall be in an amount specified in subsection C of this section.

3. The licensee shall forward a current certificate of insurance to the board at each insurance renewal date.

C. The amount of financial responsibility as provided for in this section shall be a minimum of $100,000 for property damage, and $100,000 for personal injury or death of one person; and $300,000 per occurrence. If the deductible of an applicant for a business license is greater than $1,000, evidence of financial responsibility shall be furnished to the board to satisfy the difference between the applicant's deductible and the $1,000 deductible. This evidence may consist of a financial statement.

D. The licensee shall maintain at least the minimum coverage at all times during the license period and shall notify the board at least 10 days prior to any reduction at the request of the licensee or cancellation of such financial responsibility by the insurer.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-40-80, derived from VR115-04-22 § 4.1, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; renumbered as 2VAC5-680-80, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 33, Issue 24, eff. August 24, 2017.

Part V Revocation, Suspension or Denial of Business Licenses

2VAC5-680-90 Revocation of a business license

In addition to the violative acts listed under § 3.2-3940 A of the Code of Virginia, the following are grounds for revocation by the board of a business license:

1. Failure to (i) submit records to the commissioner upon written request; or (ii) to permit any person designated by the commissioner to have access to, and to copy such records of business transactions as may be essential to carrying out the purposes of the Act.

2. Operation of a pesticide business location or outlet without a certified commercial applicator assigned to the location or outlet as required by this chapter.

3. Interference with the commissioner or his duly authorized agents in carrying out the duties imposed by the Act.

4. Conduct by a licensee, as determined during the course of a hearing, which has or might have resulted at any time in substantial danger to, or in unreasonable adverse effects on, the public health, safety, or the environment.

5. Failure of a licensee to notify the department of any change in financial responsibility as specified in 2VAC5-680-80 C.

6. Multiple violations of the Act or regulations pursuant thereto within a three-year period.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-40-90, derived from VR115-04-22 § 5.1, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; Volume 25, Issue 12, eff. March 18, 2009; amended and renumbered as 2VAC5-680-90, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

2VAC5-680-100 Summary suspension by commissioner

A. The commissioner may suspend the pesticide business license of any person, without a hearing, simultaneously with the institution of proceedings for a hearing, if he finds there is a substantial danger to the public health, safety, or the environment that warrants this action. Situations that may warrant suspension include, but are not limited to, the following:

1. Operating a pesticide business or pesticide business outlet without a certified commercial applicator on site as required by this chapter, when absence of the applicator presents a substantial danger to the public health, safety, or the environment, as determined by the commissioner.

2. Refusal by a pesticide business, after receipt of a written request, to permit the commissioner or his agent access to and to copy records of business transactions, when such refusal presents a substantial danger to the public health, safety, or the environment, as determined by the commissioner.

B. The commissioner shall institute proceedings for a hearing pursuant to § 2.2-4020 of the Code of Virginia simultaneously with any summary suspension. Subject to any provision of procedure or chapter of the board for the processing of violations not inconsistent with this chapter:

1. The hearing shall be held within 60 days after the suspension; and

2. The hearing officer conducting the hearing shall have the authority to consider and address all matters relating to the summary suspension, including but not limited to the withdrawing, sustaining, or modifying thereof.

The commissioner or a conference officer appointed by the commissioner shall offer the person whose license has been summarily suspended (hereinafter "the respondent") an opportunity to appear in an informal conference, authorized by § 2.2-4019 of the Code of Virginia, to be held within three days after the summary suspension. The informal conference may consider, subject to any provision of the board for the processing of violations, all matters relating to the summary suspension, including but not limited to the withdrawal, sustaining, or modifying thereof. Nothing in this section authorizing consideration of matters by an informal conference shall be construed to deny a respondent's right to a hearing.

C. No person may operate a pesticide business at any time when his license is suspended.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-40-100, derived from VR115-04-22 § 5.2, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; Volume 29, renumbered as 2VAC5-680-100, Virginia Register Issue 1, eff. October 10, 2012.

2VAC5-680-110 Denial of license by the commissioner

A. The commissioner shall deny a business license to any applicant who does not submit all the information required on the license application form, or who does not fully comply with all requirements for licensing set forth in this chapter.

B. The commissioner may, after notice to a pesticide business applicant and after opportunity for hearing, deny a pesticide business license to an applicant who has violated the pesticide law or regulations of any state or competent authority so as to evidence a disregard for proper and safe pesticide use; or if his license has been denied, suspended, nullified, withdrawn, revoked, or otherwise terminated by any state or other competent authority.

C. Any applicant for a pesticide business license shall not engage in the activity for which he is requesting a license until the commissioner shall have issued it.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-40-110, derived from VR115-04-22 § 5, eff. January 2, 1991; amended, Virginia Register Volume 22, Issue 26, eff. October 5, 2006; renumbered as 2VAC5-680-110, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

Chapter 685 Regulations Governing Pesticide Applicator Certification under Authority of Virginia Pesticide Control Act

Part I Definitions

2VAC5-685-10 Definitions

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise.

"Accident" means an unexpected, undesirable event, involving the use or presence of a pesticide, that adversely affects man or the environment.

"Act" means the Virginia Pesticide Control Act (§ 3.2-3900 et seq. of the Code of Virginia).

"Agricultural commodity" means any plant or part thereof, or animal, or animal product, produced by a person, including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, nurserymen, wood treaters not for hire, or other comparable persons, primarily for sale, consumption, propagation, or other use by man or animals.

"Board" means the Board of Agriculture and Consumer Services.

"Board-approved training" means a course which includes, at a minimum, study and review of all the material contained in an edition used in Virginia of (i) a basic pesticide applicator certification training core manual and (ii) a certification training manual for each specific category pertaining to the type of pesticide application to be done.

"Certificate" means the document issued to a certified applicator or registered technician who has completed all the requirements of Article 3 (§ 3.2-3929 et seq.) of Chapter 39 of Title 3.2 of the Code of Virginia.

"Certification" or "certified" means the recognition granted by the Board of Agriculture and Consumer Services to an applicator upon satisfactory completion of board-approved requirements.

"Chemigation" means the application of any pesticide through an irrigation system.

"Commercial applicator" means any applicator who has completed the requirements as determined by the board, including appropriate training and time in service, to apply for a certification, and who uses or supervises the use of any pesticide for any purpose or on any property, other than as provided in the definition of private applicator.

"Commercial applicator not for hire" means any commercial applicator who uses or supervises the use of pesticides as part of his job duties only on property owned or leased by him or his employer. It also applies to governmental employees who use or supervise the use of pesticides, whether on property owned or leased by them or their employers or not, in the performance of their official duties.

"Commissioner" means the Commissioner of Agriculture and Consumer Services.

"Competent person" means a person having the demonstrated ability to perform the task to which he is assigned.

"Department" means the Department of Agriculture and Consumer Services.

"Drift" means the physical movement of pesticide through the air at the time of pesticide application or soon thereafter from the target site to any nontarget or off-target site. Pesticide drift will not include movement of pesticides to nontarget or off-target sites caused by erosion, migration, volatility, or windblown soil particles that occurs after application unless specifically addressed on the pesticide product label with respect to drift control requirements.

"EPA" means the United States Environmental Protection Agency.

"Fumigant" means any substance that by itself or in combination with any other substance emits or liberates a gas or gases, fumes, or vapors that will destroy vermin, rodents, insects, and other pests and is usually lethal, poisonous, noxious, or dangerous to human life.

"Fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi or plant disease.

"Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed.

"Incident" means a definite and separate occurrence or event, involving the use or presence of a pesticide, that adversely affects man or the environment.

"Insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects that may be present in any environment whatsoever.

"Knowledge" means the possession and comprehension of pertinent facts, together with the ability to use them in dealing with specific problems and situations within the pesticide context.

"Label" means the written, printed, or graphic matter on, or attached to, the pesticide or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if any, of the pesticide or device.

"Labeling" means all labels and other written, printed, or graphic matter (i) upon the pesticide or device or any of its containers or wrappers, (ii) accompanying the pesticide or device at any time, or (iii) to which reference is made on the label or in literature accompanying the pesticide or device, except when accurate, nonmisleading reference is made to current official publications of the agricultural experiment station, the Virginia Polytechnic Institute and State University, the Department of Agriculture and Consumer Services, the State Board of Health, or similar federal institutions or other official agencies of the Commonwealth or other states when such states are authorized by law to conduct research in the field of pesticides.

"Licensed" or "licensee" means those businesses which, when meeting the requirements established by the Board of Agriculture and Consumer Services, are issued a license to engage in the sale, storage, distribution, recommend the use, or application of pesticides in Virginia in exchange for compensation.

"Marine antifoulant paint" means any compound, coating, paint or treatment applied or used for the purpose of controlling freshwater or marine fouling organisms on vessels.

"Pesticide" means (i) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, or other forms of plant or animal life or viruses, except viruses on or in living man or other animals, which the commissioner shall declare to be a pest; (ii) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and (iii) any substance which is intended to become an active ingredient thereof.

"Pesticide business" means any person engaged in the business of distributing, applying or recommending the use of a product; or storing, selling, or offering for sale pesticides directly to the user. The term "pesticide business" does not include (i) wood treaters not for hire; (ii) seed treaters not for hire; (iii) operations that produce agricultural products unless the owners or operators of such operations described in clauses (i), (ii), and (iii) are engaged in the business of selling or offering for sale pesticides, or distributing pesticides to persons outside of that agricultural producing operation in connection with commercial transactions; or (iv) businesses exempted by regulations adopted by the board.

"Private applicator" means an applicator who uses or supervises the use of any pesticide that is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by him or his employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.

"Registered technician" means an individual who renders services similar to those of a certified commercial applicator, but who has not completed all the training or time in service requirements to be eligible for examination for certification as a commercial applicator and is limited to application of general use pesticides. However, if he applies restricted use pesticides he shall do so only under the direct supervision of a certified commercial applicator. Every registered technician is certified in Category 60 regardless of the category or subcategory in which he is trained and applies pesticides.

"Registered technician not for hire" means any registered technician who uses or supervises the use of pesticides as part of his job duties only on property owned or leased by him or his employer. It also applies to governmental employees who use or supervise the use of pesticides, whether on property owned or leased by them or their employers or not, in the performance of their official duties.

"Repeat violation" means another violation following the first violation of the same provision of the Virginia Pesticide Control Act or the federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136 et seq.), or regulations adopted pursuant thereto, committed within a three-year period commencing with the date of official notification of the first violation of the provision.

"Restricted entry interval" means the time after the end of a pesticide application during which entry into the treated area is restricted.

"Restricted use pesticide" or "pesticide classified for restricted use" means any pesticide classified for restricted use by the administrator of the EPA under the provisions of 1947 (7 USC § 3(d)(1)(c)) of the federal Insecticide, Fungicide, and Rodenticide Act (as amended).

"Rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal which the commissioner shall declare to be a pest.

"Tributyltin compounds" means any compound having three normal butyl groups attached to a tin atom and with or without an anion such as chloride, fluoride, or oxide.

"Under the direct supervision of" means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified commercial applicator who is responsible for the actions of that person.

"Under the direct on-site supervision of" means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified commercial applicator who is responsible for the actions of that person and is physically present on the property upon which the pesticide is being applied, and is in constant visual contact with the person applying the pesticide.

"Use" means the employment of a pesticide for the purposes of (i) preventing, destroying, repelling, or mitigating any pest or (ii) regulating plant growth, causing defoliation or desiccation of plants. The term "use" shall include application or mixing and shall include handling or transfer of a pesticide after the manufacturer's original seal is broken. The term "use" shall also include any act with respect to a particular pesticide which is consistent with the label directions for that particular pesticide.

"Vessel" means every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water, whether self-propelled or otherwise, and includes barges and tugs.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-10, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended and renumbered as 2VAC5-685-10, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 32, Issue 26, eff. September 22, 2016.

Part II Certification of Pesticide Applicators

2VAC5-685-20 General requirements for certification

A. The following persons must be certified as pesticide applicators:

1. Commercial applicators;

2. Registered technicians; and

3. Private applicators.

B. Commercial applicators not for hire must be certified only when using any pesticide in the following areas except as noted in subsection C of this section:

1. Areas open to the general public at daycare facilities, educational institutions, health care facilities, and convalescent facilities;

2. Areas where open food is stored, processed, or sold; and

3. Recreational lands over five acres in size.

C. Employees of local, state, and federal governmental agencies who use or supervise the use of any pesticide on any area in the performance of their official duties must be certified as either commercial applicators not for hire or registered technicians, but they are exempt from any certification fees.

D. All persons desiring certification as pesticide applicators must:

1. Complete board-approved training appropriate for the desired classification;

2. Submit a completed application to the commissioner; and

3. Pass required examination or examinations. Applicants who do not pass the examination and who request reexamination must resubmit a completed application to the commissioner or his duly authorized agent and pay the nonrefundable applicator certification fee as determined by 2VAC5-675, Regulations Governing Pesticide Fees Charged by the Department of Agriculture and Consumer Services.

E. Persons with a history of repeat violations of federal or state pesticide laws or whose certification or pesticide business license has been revoked within the two-year period immediately prior to application are not eligible for certification. Such persons may appear before the board to show why they should be granted certification as outlined under provisions of § 3.2-3940 E of the Code of Virginia.

F. Applicants for certification cannot engage in the activity for which they are requesting certification, unless participating in supervised direct on-site training, until certification has been issued by the commissioner. Commercial applicators may not apply pesticides in any category or subcategory activity until they have passed the category-specific examination and obtained the appropriate certification.

G. A commercial or private applicator or registered technician may request a duplicate of the certification card if the applicator's or technician's card has been lost, stolen, mutilated or destroyed.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-20, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended and renumbered as 2VAC5-685-20, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 32, Issue 26, eff. September 22, 2016.

2VAC5-685-30 Specific certification requirements for commercial applicators

A. In addition to the general requirements listed in 2VAC5-685-20, applicants for commercial applicator certification shall meet the following requirements:

1. Certification as a registered technician, as well as employment as a registered technician for at least a year; or

2. One year of education, training, or experience in a pesticide related field which provides the equivalent practical knowledge of proper pesticide use required of a registered technician.

B. The application process for commercial applicators is as follows:

1. The application must be in writing to the commissioner; and

2. The application must contain:

a. Name;

b. Principal business address in the Commonwealth and elsewhere;

c. Qualifications and proposed operations; and

d. Classification or classifications desired.

Individuals seeking certification as commercial applicators must pay a fee as determined by 2VAC5-675, Regulations Governing Pesticide Fees Charged by the Department of Agriculture and Consumer Services.

C. Applicants shall, within 90 days after submitting the application and paying the fee, report to an authorized testing location and take the required examinations.

D. Applicants who do not complete the certification process within two years of the date of passing the examinations must be reexamined.

E. Aerial pesticide application applicants must meet the requirements of the Federal Aviation Agency, the Virginia Department of Aviation, and any other applicable federal or state laws or regulations to operate aerial equipment.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-30, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended and renumbered as 2VAC5-685-30, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 32, Issue 26, eff. September 22, 2016.

2VAC5-685-40 Specific certification requirements for private applicators

A. Each applicant for a private applicator's certificate shall apply to the commissioner and then report to an authorized testing location within 90 days and take an examination for each certification category, specified in 2VAC5-685-80, applicable to his operation. The application shall contain the applicant's name, address and classification desired for certification.

B. Persons who cannot read or understand labels shall not be certified as private applicators unless they demonstrate competence to apply restricted use pesticides on their own properties. Persons seeking a waiver of the literacy requirements shall petition the board. Persons certified under this waiver shall obtain certification in the categories of limited certificate or single product certification as described in 2VAC5-685-80.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-40, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended and renumbered as 2VAC5-685-40, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 32, Issue 26, eff. September 22, 2016.

2VAC5-685-50 Certification procedures for registered technicians

A. In addition to the general requirements listed in 2VAC5-685-20, individuals seeking certification as registered technicians must:

1. Receive on-the-job training in the proper application of pesticides under the direct on-site supervision of a certified commercial applicator for at least 20 hours;

2. Complete at least 20 hours of board-approved training;

3. Submit an application form with the fee established by regulations of the Board of Agriculture and Consumer Services; and

4. Take the examination within 90 days after an individual is hired or transferred into a position where duties and functions involve the commercial use of pesticides. Individuals not passing the examination on the first attempt must reapply, following the procedures outlined in 2VAC5-685-20. Individuals failing to take and pass the exam within 90 days of the initial examination may not apply pesticides commercially, even under direct on-site supervision, until they pass the examination.

Individuals who have previously submitted an application form and either did not take the examination within 90 days after being hired or transferred into a position where duties and functions involve the commercial use of pesticides or did not pass a subsequent examination within 90 days of the initial examination may not apply pesticides commercially, even under direct on-site supervision, until they reapply, following the procedures outlined in 2VAC5-685-20 and pass the examination.

Applicants who do not complete the certification process within two years of the date of passing the examination must be reexamined.

B. Before registered technicians begin working in any application category or subcategory that is different from the category in which they received their original training, they shall receive additional training from a commercial applicator in the following aspects of pesticide application as it relates to the proposed category or subcategory of work:

1. Pesticides to be used, including reading and understanding the label;

2. Application equipment and techniques;

3. Pests to be controlled;

4. Personal protective equipment and clothing; and

5. Environmental concerns, including storage and disposal of pesticides applied.

The commercial applicator providing training to a registered technician shall be certified in the category or subcategory for which he is providing the training and shall provide proof to the department of such training on forms provided by the department. Such forms must be received by the department within 10 calendar days of the completion of such training.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-50, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended and renumbered as 2VAC5-685-50, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 32, Issue 26, eff. September 22, 2016.

2VAC5-685-60 Persons exempt from certification

The following persons are exempt from certification:

1. Persons conducting laboratory research involving restricted use pesticides;

2. Doctors of medicine or doctors of veterinary medicine applying pesticides as drugs or medication during the course of their practice, or to control pests in corpses;

3. Persons who use or supervise the use of nonrestricted use pesticides as part of their duties only on properties owned or leased by their employers, except those persons identified in 2VAC5-685-20 B;

4. Persons who provide janitorial or cleaning services using nonrestricted use sanitizers, disinfectants, and germicides;

5. Painters who apply restricted use marine antifoulant paint under the direct supervision of a certified commercial applicator. One certified commercial applicator shall be present for every eight painters;

6. Forestry applicators standing on the ground who apply general use herbicides for forest vegetation control and tree thinning under the direct on-site supervision of a certified commercial applicator. One certified commercial applicator shall be present for every eight forestry applicators and be within voice contact of and no more than 200 feet from such applicators;

7. Individuals engaged in the training required for certification while under the direct on-site supervision of a certified commercial applicator;

8. Employees of local, state, or federal governmental agencies who from time to time make incidental use of ready-to-use pesticides that are properly registered in Virginia. For purposes of this section, "incidental use" means the use of a pesticide on an occasional, isolated, site-specific basis in order to avoid immediate personal harm from stinging or biting insects. This exemption does not include regular, routine, or maintenance applications of pesticides or any use of restricted-use pesticides;

9. Individuals who apply pesticides for the survey for gypsy moth under the authority of the department; and

10. Individuals who apply pesticides for the survey for cotton boll weevil under the authority of the department.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-60, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 26, Issue 21, eff. July 21, 2010; Volume 28, Issue 12, eff. February 17, 2012; amended and renumbered as 2VAC5-685-60, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 32, Issue 26, eff. September 22, 2016.

Part III Categories of Pesticide Applicator Certification

2VAC5-685-65 Category for registered technician certification

An individual who successfully completes the requirements prescribed in 2VAC5-685-50 for registered technician certification will receive certification in Category 60, the category designation assigned to all registered technicians regardless of the category or subcategory in which he is trained and applies pesticides.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 32, Issue 26, eff. September 22, 2016.

2VAC5-685-70 Categories for commercial applicator certification

A. Commercial applicators must be certified in one or more of the following commercial applicator categories or subcategories:

1. Agricultural pest control.

a. Agricultural plant pest control. This subcategory is for commercial applicators who will be using or supervising the use of pesticides in production of agricultural crops, or on grasslands, or noncrop agricultural lands.

b. Agricultural animal pest control. This subcategory is for commercial applicators who will be using or supervising the use of pesticides on agriculturally related animals.

c. Fumigation of soil and agricultural products. This subcategory is for commercial applicators who will be using or supervising the use of pesticides for soil fumigation in production of an agricultural commodity and the application of pesticides for fumigation of agricultural products.

d. Chemigation. This subcategory is for commercial applicators who will be using or supervising the use of pesticides through an irrigation system.

2. Forest pest control. This category is for commercial applicators who will be using or supervising the use of pesticides in forests, forest nurseries, and seed orchards.

3. Ornamental and turf pest control.

a. Ornamental pest control. This subcategory is for commercial applicators who will be using or supervising the use of pesticides in the maintenance and production of ornamental trees, shrubs, and flowers in and out-of-doors.

b. Turf pest control. This subcategory is for commercial applicators who will be using or supervising the use of pesticides in the production and maintenance of turf, including, but not limited to, turf in golf courses, residential lawns, parks, and cemeteries.

4. Seed treatment (excluding fumigation). This category is for commercial applicators who will be using or supervising the use of pesticides on seeds.

5. Aquatic pest control.

a. Aquatic pest control - general. This subcategory is for commercial applicators who will be using or supervising the use of pesticides in or on standing or running water, for the express purpose of controlling pests. This excludes applicators engaged in public health related activities included in subdivision 8 of this subsection, public health pest control.

b. Marine antifoulant paints. This subcategory is for commercial applicators who will be using or supervising the use of marine antifoulant paints containing tributyltin or other restricted use pesticides.

6. Right-of-way pest control. This category is for commercial applicators who will be using or supervising the use of pesticides in the maintenance of public rights-of-way and in the maintenance of fence lines, structural perimeters or other similar areas.

7. Industrial, institutional, structural, and health-related pest control.

a. General pest control (excluding fumigation). This subcategory is for commercial applicators who will be using or supervising the use of pesticides to control household type pests, pests that inhabit or infest structures, stored products, and residential food preparation areas, and pests capable of infesting or contaminating foods and foodstuffs at any stage of processing facilities.

b. Wood-destroying pest control (excluding fumigation). This subcategory is for commercial applicators who will be using or supervising the use of pesticides to control organisms that destroy structures made of wood.

c. Fumigation. This subcategory is for commercial applicators who will be using or supervising the use of fumigant-type pesticides.

d. Vertebrate pest control (excluding structural invaders). This subcategory is for commercial applicators who will be using or supervising the use of pesticides to control vertebrate pest animals.

e. Sewer root pest control. This subcategory is for commercial applicators who use pesticides for sewer line root control.

8. Public health pest control. This category is for commercial applicators who will be using or supervising the use of pesticides for the management and control of pests having medical and public health significance.

9. Regulatory pest control. This category is for federal, state, and local governmental employee applicators who will be using or supervising the use of pesticides in the control of regulated pests.

10. Demonstration and research pest control. This category is for commercial applicators who will be demonstrating the proper use and techniques of application of pesticides (including classroom demonstration), or who will be supervising such demonstration. It also includes applicators who will be conducting pesticide research on greenhouse or field plots.

11. Aerial pesticide application. This category is for commercial applicators who will be using or supervising the use of any pesticide applied by fixed- or rotary-wing aircraft.

12. Wood preservation and wood product treatment. This category is for commercial applicators who will be using or supervising the use of pesticides at treating plants and sawmills for preservative treatment of wood and wood products.

13. Miscellaneous. This category is to be used to designate categories or subcategories of commercial applicators using specific pesticides or uses for which the U.S. EPA may mandate certification in order to allow for the pesticide or use.

B. A commercial applicator certified in one category and seeking initial certification in one or more additional categories shall meet the certification requirements of each of the new categories in which he desires certification.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-70, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended and renumbered as 2VAC5-685-70, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; amended, Volume 29, Issue 24, eff. September 12, 2013.

2VAC5-685-80 Categories for private applicator certification

Private applicators who apply or supervise the application of restricted use pesticides shall be certified in one or more of the following categories:

1. Category 86: Single product certification. Includes private applicator applicants who are seeking authorization to apply a single identified restricted use product or related restricted use products with the same active ingredient and with a similar formulation and use. This category is intended for limited use under special or emergency circumstances as identified by the board.

2. Category 87: Limited certificate - single product or single use. Includes private applicator applicants who are seeking authorization to apply a single restricted use pesticide for a single identified purpose. This category is intended for limited use under special or emergency circumstances as identified by the board on a case-by-case basis.

3. Category 90: Agricultural commodity production - food, fiber, and forestry products, and commodity production. Includes private applicators who use or supervise the use of restricted use pesticides (i) in the production of agricultural crops, including fumigation and chemigation; (ii) on forestry products; (iii) on animals; (iv) in places where animals are confined; (v) for the control of vertebrate pests of agricultural crops and livestock animals; (vi) in the production of agricultural commodities; and (vii) for the fumigation of agricultural products.

4. Category 91: Ornamental production. Includes private applicators who use or supervise the use of restricted use pesticides to control pests in (i) tree nurseries, (ii) shrub nurseries, (iii) ornamental plant nurseries, (iv) flower nurseries, (v) greenhouses used for breeding and growing ornamental plants, (vi) irrigation systems, and (vii) ornamental production using fumigants.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-80, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; renumbered as 2VAC5-685-80, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 32, Issue 26, eff. September 22, 2016.

Part IV Knowledge Required for Certification of Pesticide Applicators

2VAC5-685-90 Determination of general knowledge and qualifications for private and commercial applicators and registered technicians

A. Applicants shall be tested on their knowledge and qualifications concerning the use and handling of pesticides. The examination will test the applicants' general knowledge required for all categories, and the additional knowledge specifically required for each category or subcategory in which an applicator desires to be certified.

B. All applicants for certification as private or commercial applicators or registered technicians shall demonstrate practical knowledge of the principles and practices of pest control and the safe use of pesticides, as contained in a basic pesticide applicator certification training core manual. Testing will be based on problems and situations in the following areas:

1. Federal and Commonwealth of Virginia pesticide laws and regulations;

2. Understanding and interpreting pesticide labels;

3. Handling of accidents and incidents;

4. Proper methods of storing, mixing, loading, transporting, handling, applying, and disposing of pesticides;

5. Safety and health, including proper use of personal protective equipment;

6. Potential adverse effects caused by the application of pesticides under various climatic or environmental conditions, such as drift from the target area, pesticide run-off, groundwater and drinking water contamination, and hazard to endangered species; and

7. Recognizing common pests and general pest biology.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-90, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; renumbered as 2VAC5-685-90, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 32, Issue 26, eff. September 22, 2016.

2VAC5-685-100 Specific knowledge required for the categories of commercial applicators

Applicants for commercial applicator certification shall possess the skills and knowledge associated with the chosen category(s) as they pertain to those items listed in 2VAC5-685-90 B 1 through 6, including recognizing category specific pests and their biology as contained in the appropriate Virginia category specific training manual(s).

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-100, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; amended and renumbered as 2VAC5-685-100, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

2VAC5-685-110 Specific knowledge required for the categories of private applicators

Applicants for private applicator certification shall possess the skills and knowledge associated with the chosen category(s) as they pertain to those items listed in 2VAC5-685-90 B 1 through 6, including recognizing category specific pests and their biology as contained in a Virginia category specific certification training manual(s).

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-110, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended and renumbered as 2VAC5-685-110, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

2VAC5-685-120 Specific knowledge required for registered technicians

In addition to the skills and knowledge required in 2VAC5-685-90 B 1 through 6, the applicant shall obtain the required amount of on-the-job training as discussed in 2VAC5-685-50.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-120, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended and renumbered as 2VAC5-685-120, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

Part V Renewal of Certification and Certificates

2VAC5-685-130 Renewal of certification

A. Any certified private or commercial applicator or registered technician who desires to renew his certification shall do so biennially for the category or subcategory for which he is certified. A certified private or commercial applicator or registered technician must first attend board-approved recertification courses and submit proof of attendance at such courses or be reexamined in basic pesticide safety and the categories desired for recertification. In addition to the requirement in this subsection, commercial applicators and registered technicians shall also submit an application for renewal before the commissioner will renew their certification.

B. A certified commercial applicator or registered technician must complete a board-approved recertification course that, at a minimum, addresses the following topics:

1. Legal aspects including:

a. A reminder to follow label directions including those on use, storage, disposal, and transportation;

b. A review of possible consequences of violating the law;

c. A reminder that restricted use pesticides purchased under an applicator's certificate number must be for use by certified commercial applicators only;

d. A review of a certified commercial applicator's responsibilities in supervising the use of restricted use pesticides by noncertified applicators; and

e. A review of recordkeeping responsibilities of certified commercial applicators for restricted use pesticide applications; and

2. Category-related training including:

a. A review of general safety for the applicator, coworkers, and the public;

b. A review of the environmental aspects of pesticide use, including impact on nontarget organisms, wildlife, domestic animals, groundwater, etc.;

c. A review of application techniques, including equipment, calibration, and maintenance;

d. A review of hazards, both personal safety and environmental, unique to that specific category;

e. A review of pertinent information regarding new chemistry or new formulations available that would be of use to applicators certified in the category;

f. A review of integrated pest management programs applicable to the category; and

g. A review of pests specific to category, including in-depth training on identification and control of selected specific pests. This section may be tailored to local needs.

C. A certified private applicator must complete a board-approved recertification course that, at a minimum, addresses the following topics:

1. General safety;

2. Legal update; and

3. Pest management and application technology, including:

a. A review of category-specific pest management and pesticide use patterns; and

b. A review of category-specific pesticide application and handling technology.

D. A certified private or commercial applicator or registered technician may accumulate up to four years of credit by attending board-approved recertification courses.

E. Upon expiration of certification, the certificate of a private applicator, commercial applicator, or registered technician shall become invalid. Any private applicator, commercial applicator, or registered technician who desires to renew his certification, but fails to do so within 60 days after its expiration, shall be reexamined.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-130, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; renumbered as 2VAC5-685-130, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 32, Issue 26, eff. September 22, 2016; Volume 38, Issue 12, eff. March 17, 2022.

2VAC5-685-140 Reexamination

Reexamination or special examination will be required by the board of any commercial applicator or registered technician under the following circumstances:

1. Certificate has been suspended or revoked;

2. Significant technological advances have occurred in the category or subcategory for which the applicator or registered technician has been certified, requiring additional knowledge;

3. Additional standards established by the EPA require reexamination;

4. Commercial applicator or registered technician desires certification in an additional category; or

5. Regulations require reexamination.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-140, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; renumbered as 2VAC5-685-140, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

Part VI Suspension and Revocation of Certificates

2VAC5-685-150 Summary suspension by commissioner

A. The commissioner may summarily suspend the certificate of any person without a hearing if he finds there is any substantial danger, or threat of substantial danger, to the public health, safety, or environment which warrants the summary suspension. The commissioner shall schedule a hearing for a date not exceeding five working days after the date of the summary suspension.

B. No person whose certificate has been suspended may engage in the activity for which he had been certified.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-150, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; renumbered as 2VAC5-685-150, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

2VAC5-685-160 Revocation of certificate by the board

A. The board may, after opportunity for a hearing, deny, suspend, revoke or modify a certificate upon any violation of any act set out in § 3.2-3940 B of the Code of Virginia.

B. If the board imposes a civil penalty upon a person and such civil penalty is not paid within 60 days thereof, the certificate of such person shall automatically be suspended until payment in full is made. If the person appeals the board's order imposing the civil penalty, then the person may forward the proposed amount of the civil penalty to the commissioner's office for placement in an interest-bearing trust account in the State Treasurer's office. Upon such an amount being held, the suspension shall not be imposed or shall be lifted, as the case may be. This provision relates only to a suspension caused by a failure to pay the civil penalty and does not affect any suspension or revocation of a certificate for any other reason.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-160, Derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; renumbered as 2VAC5-685-160, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

Part VII Reporting of Pesticide Accidents, Incidents, or Loss

2VAC5-685-170 Reporting of pesticide accidents and incidents

A. Certified commercial or private applicators or registered technicians shall report any pesticide accident or incident in which they are involved that constitutes a threat to any person, to public health or safety, or to the environment, as a result of the use or presence of any pesticide. The accident or incident shall be reported whether or not a restricted use pesticide is involved.

B. When the accident or incident involves a discharge or spillage of a pesticide, the certified commercial or private applicator or registered technician shall contact the department for guidance to determine whether the discharged or spilled amount is a reportable quantity.

C. The certified commercial or private applicator or registered technician shall make the initial notification to the department's Office of Pesticide Services by telephone within a reasonable time, not to exceed 48 hours after the accident or incident occurrence, should circumstances prevent immediate notification. The certified commercial or private applicator or registered technician shall prepare and submit a written report of the accident or incident to the Office of Pesticide Services within 10 working days after the initial notification. The report shall include the following:

1. Name of individuals involved in accident or incident;

2. Name of pesticide involved;

3. Quantity of pesticide spilled and containment procedures;

4. Time, date, and location of accident or incident;

5. Mitigating actions taken; and

6. Name, or description if unnamed, and location of bodies of water nearby where contamination of such bodies of water could reasonably be expected to occur due to natural or manmade actions.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-170, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; renumbered as 2VAC5-685-170, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 32, Issue 26, eff. September 22, 2016.

Part VIII Reciprocal Agreement

2VAC5-685-180 Issuance of a certificate on a reciprocal basis

A. A person who is currently certified by another state or by a federal agency may make written application to the commissioner, or his duly authorized agent, for issuance of a certificate on a reciprocal basis without examination, in accordance with § 3.2-3934 of the Code of Virginia. Along with his written application, an applicant shall either (i) present an original certificate issued by the state of origin or issued by a federal agency or (ii) request that the state of origin or federal agency send an attested copy of the applicant's certification directly to the commissioner or his duly authorized agent.

The applicant shall either include a document granting power of attorney to a resident of Virginia to receive process or provide proof that the applicant has appointed a registered agent under the laws of the Commonwealth. Reciprocal certification shall not be granted based on reciprocal certification issued in another state.

B. Any certificate issued on a reciprocal basis may be suspended in the same manner and on the same grounds as a Virginia certificate pursuant to the provisions of Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2 of the Code of Virginia. A certificate issued on a reciprocal basis may also be suspended if the nonresident's original certificate or federal certification is suspended or revoked.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-180, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended and renumbered as 2VAC5-685-180, Virginia Register Volume 29, Issue 1, eff. October 10, 2012; Volume 32, Issue 26, eff. September 22, 2016.

2VAC5-685-190 Reciprocal recertification

Reciprocal recertification shall be granted to out-of-state applicators if they: (i) maintain certification in their home state; (ii) provide proof of current certification to the commissioner prior to the date of Virginia certification expiration; (iii) are currently certified in a state that grants reciprocal recertification to Virginia applicators in like categories; and (iv) have met all other Virginia requirements for recertification.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-190, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; renumbered as 2VAC5-685-190, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

Part IX Recordkeeping

2VAC5-685-200 General recordkeeping requirements for commercial applicators not for hire and registered technicians not for hire

A. Commercial applicators not for hire and registered technicians not for hire, being exempt from the pesticide business license requirement of the board and the recordkeeping requirements under this license, are required to maintain pesticide application records as prescribed in this chapter. These records shall be maintained by the commercial applicator not for hire and the registered technician not for hire for a period of two years.

B. Records governed by this regulation shall be made available for inspection by the commissioner, or his duly authorized agent, during normal business hours upon written request. Records not readily available shall be submitted to the commissioner within 72 hours, if so requested in writing.

C. Persons possessing records governed by this part shall fully comply with the requirements contained in 7 USC § 136f and regulations adopted pursuant thereto.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-200, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; renumbered as 2VAC5-685-200, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

2VAC5-685-210 Specific recordkeeping requirements for commercial applicators not for hire and registered technicians not for hire

Commercial applicators not for hire and registered technicians not for hire shall maintain a record of each pesticide applied, containing the following:

1. Name of property owner, address or location, and, as applicable, phone number of the site of application;

2. Name and certification number (or certification number of the supervising certified applicator) of the person making the application;

3. Day, month, and year of application;

4. Type of plants, crops, animals, or sites treated and principal pests to be controlled;

5. Acreage, area, or number of plants or animals treated;

6. Brand name or common product name of pesticide used;

7. EPA registration number;

8. Amounts of pesticide concentrate and amount of diluent used, by weight or volume, in mixture applied; and

9. Type of application equipment used.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia.
• Historical Notes: Former 2VAC20-51-210, derived from Virginia Register Volume 15, Issue 11, eff. March 17, 1999; amended, Virginia Register Volume 25, Issue 3, eff. December 1, 2008; renumbered as 2VAC5-685-210, Virginia Register Volume 29, Issue 1, eff. October 10, 2012.

Chapter 690 Regulations for Pesticide Containers and Containment under Authority of the Virginia Pesticide Control Act

Part I General

2VAC5-690-10 Scope

General

This chapter establishes standards and requirements for pesticide containers, repackaging pesticides, and pesticide containment structures.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-20 Definitions

Terms used in this chapter have the same meaning as in the Federal Insecticide, Fungicide, Rodenticide Act (7 USC § 136 et seq.) and 40 CFR Part 152. In addition, as used in this chapter, the following terms shall have the meanings set forth below.

"Agricultural pesticide" means any pesticide product labeled for use in or on a farm, forest, nursery, or greenhouse.

"Appurtenance" means any equipment or device that is used for the purpose of transferring a pesticide from a stationary pesticide container or to any refillable container, including but not limited to hoses, fittings, plumbing, valves, gauges, pumps, and metering devices.

"Capacity" means, as applied to containers, the rated capacity of the container.

"CFR" means the Code of Federal Regulations.

"Container" means any package, can, bottle, bag, barrel, drum, tank, or other containing-device (excluding any application tanks) used to enclose a pesticide. Containers that are used to sell or distribute a pesticide product and that also function in applying the product (such as spray bottles, aerosol cans, and containers that become part of a direct injection system) are considered to be containers for the purposes of this chapter.

"Containment pad" means any structure that is designed and constructed to intercept and contain pesticides, rinsates, and equipment washwater at a pesticide dispensing area.

"Containment structure" means either a secondary containment unit or a containment pad.

"Custom blending" means the service of mixing pesticides to a customer's specifications, usually a pesticide-fertilizer, pesticide-pesticide, or a pesticide-animal feed mixture, when:

1. The blend is prepared to the order of the customer and is not held in inventory by the blender;

2. The blend is to be used on the customer's property (including leased or rented property);

3. The pesticides used in the blend bear end-use labeling directions that do not prohibit use of the product in such a blend;

4. The blend is prepared from registered pesticides; and

5. The blend is delivered to the end-user along with a copy of the end-use labeling of each pesticide used in the blend and a statement specifying the composition of the mixture.

"Dilutable" means that the pesticide product's labeling allows or requires the pesticide product to be mixed with a liquid diluent prior to application or use.

"Dry pesticide" means any pesticide that is in solid form and that has not been combined with liquids; this includes formulations such as dusts, wettable powders, dry flowables, water-soluble powders, granules, and dry baits.

"EPA" means the U.S. Environmental Protection Agency.

"Establishment" means any site where a pesticidal product, active ingredient, or device is produced, regardless of whether such site is independently owned or operated, and regardless of whether such site is domestic and producing a pesticidal product for export only, or whether the site is foreign and producing any pesticidal product for import into the United States.

"Facility" means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person who controls, who is controlled by, or who is under common control with such person).

"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136 et seq.).

"Nonrefillable container" means a container that is not a refillable container and that is designed and constructed for one-time use and is not intended to be filled again with a pesticide for sale or distribution. Reconditioned containers are considered to be nonrefillable containers.

"One-way valve" means a valve that is designed and constructed to allow virtually unrestricted flow in one direction and no flow in the opposite direction, thus allowing the withdrawal of material from, but not the introduction of material into, a container.

"Operator" means any person in control of, or having responsibility for, the daily operation of a facility at which a containment structure is located.

"Owner" means any person who owns a facility at which a containment structure is required.

"Pesticide compatible as applied to containers" means that the container construction materials will not chemically react with the formulation. A container is not compatible with the formulation if, for example, the formulation:

1. Is corrosive to the container;

2. Causes softening, premature aging, or embrittlement of the container;

3. Otherwise causes the container to weaken or to create the risk of discharge;

4. Reacts in a significant chemical, electrolytic, or galvanic manner with the container; or

5. Interacts in a way, such as the active ingredient permeating the container wall, that would cause the formulation to differ from its composition as described in the statement required in connection with its registration under § 3 of FIFRA (7 USC § 136a).

"Pesticide compatible as applied to containment" means that the containment construction materials are able to withstand anticipated exposure to stored or transferred substances without losing the capability to provide the required containment of the same or other substances within the containment area.

"Pesticide dispensing area" means an area in which pesticide is transferred out of or into a container.

"Portable pesticide container" means a refillable container that is not a stationary pesticide container.

"Produce" means to manufacture, prepare, propagate, compound, or process any pesticide, including any pesticide produced pursuant to § 5 of FIFRA (7 USC § 136c), and any active ingredient or device, or to package, repackage, label, relabel, or otherwise change the container of any pesticide or device.

"Producer" means any person, as defined by FIFRA, who produces any pesticide, active ingredient, or device (including packaging, repackaging, labeling, and relabeling).

"Refillable container" means a container that is intended to be filled with pesticide more than once for sale or distribution.

"Refiller" means a person who engages in the activity of repackaging pesticide product into refillable containers. This could include a registrant or a person operating under contract to a registrant.

"Refilling establishment" means an establishment where the activity of repackaging pesticide product into refillable containers occurs.

"Registrant" means the person registering any pesticide pursuant to the provisions of Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2 of the Code of Virginia.

"Repackage" means to transfer a pesticide formulation from one container to another without a change in the composition of the formulation, the labeling content, or the product's EPA registration number for sale or distribution.

"Rinsate" means the liquid resulting from the rinsing of the interior of any equipment or container that has come in direct contact with any pesticide.

"Runoff" means any liquid leaving the target site, including water, pesticide rinsate, and pesticide diluents.

"Secondary containment unit" means any structure, including rigid diking, that is designed and constructed to intercept and contain pesticide spills and leaks and to prevent runoff and leaching from stationary pesticide containers.

"Stationary pesticide container" means a refillable container (i) that is fixed at a single facility or establishment or, if not fixed, remains at the facility or establishment for at least 30 consecutive days and (ii) that holds pesticide during the entire time.

"Suspension concentrate" means a stable suspension of solid particulate active ingredients in a liquid intended for dilution with water before use.

"Tamper-evident device" means a device that can be visually inspected to determine if a container has been opened.

"Transport vehicle" means a cargo-carrying vehicle such as an automobile, van, tractor, truck, semitrailer, tank car, or rail car used for the transportation of cargo by any mode.

"USDOT" means the U.S. Department of Transportation.

"VDACS" means the Virginia Department of Agriculture and Consumer Services.

"Washwater" means the liquid resulting from the rinsing of the exterior of any equipment or containers that have or may have come in direct contact with any pesticide or system maintenance compound, such as oil or antifreeze.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

Part II Nonrefillable Container Standards: Container Design and Residue Removal

2VAC5-690-30 General provisions

A. The regulations in Part II (2VAC5-690-30 et seq.) of this chapter establish design and construction requirements for nonrefillable containers used for the distribution or sale of some pesticide products.

B. A registrant who distributes or sells a pesticide product in nonrefillable containers must comply with the regulations in Part II of this chapter. A registrant whose pesticide product is subject to the regulations in Part II of this chapter as set out in 2VAC5-690-40 must distribute or sell the pesticide product in a nonrefillable container that meets the standards of these regulations.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-40 Scope of pesticide products included

A. The regulations in Part II (2VAC5-690-30 et seq.) of this chapter do not apply to manufacturing use products, as defined in 40 CFR 158.153(h).

B. The regulations in Part II of this chapter do not apply to plant-incorporated protectants, as defined in 40 CFR 174.3.

C. The regulations in Part II of this chapter do not apply to a pesticide product if it satisfies all of the following conditions:

1. The pesticide product meets one of the following two criteria:

a. The pesticide product is an antimicrobial pesticide as defined in § 2(mm) of FIFRA (7 USC § 136(mm)); or

b. The pesticide product (i) is intended to disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms or protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime and (ii) in the intended use is subject to a tolerance under § 408 of the Federal Food, Drug, and Cosmetic Act (21 USC § 346a) or a food additive regulation under § 409 of the Federal Food, Drug, and Cosmetic Act (21 USC § 348).

2. The labeling of the pesticide product includes directions for use on a site in at least one of the following antimicrobial product use categories: food handling/storage establishments premises and equipment; commercial, institutional, and industrial premises and equipment; residential and public access premises; medical premises and equipment; human drinking water systems; materials preservatives; industrial processes and water systems; antifouling coatings; wood preservatives; or swimming pools.

3. The pesticide product is not a hazardous waste as set out in 40 CFR Part 261 when the pesticide product is intended to be disposed.

4. EPA has not specifically determined that the pesticide product must be subject to the regulations in Part II of this chapter to prevent an unreasonable adverse effect on the environment according to the provisions of subsection D of this section.

D. As established in 40 CFR 165.23(d), EPA may determine that an antimicrobial pesticide product otherwise exempted must be subject to the regulations in Part II of this chapter.

E. Except for manufacturing use products, plant-incorporated protectants, and antimicrobial products that are exempt under subsection C of this section, all of the regulations in Part II of this chapter apply to a pesticide product if it satisfies at least one of the following criteria:

1. The pesticide product meets the criteria of Toxicity Category I as set out in 40 CFR 156.62.

2. The pesticide product meets the criteria of Toxicity Category II as set out in 40 CFR 156.62.

3. The pesticide product is classified for restricted use as set out in 40 CFR 152.160 through 40 CFR 152.175.

F. Except for manufacturing use products, plant-incorporated protectants, antimicrobial products that are exempt under subsection C of this section, and other pesticide products that are regulated under subsection E of this section, a pesticide product must be packaged in compliance with 49 CFR 173.24. If the pesticide product meets the definition of a hazardous material in 49 CFR 171.8, the USDOT requires it to be packaged according to 49 CFR Part 171 through 49 CFR Part 180.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-50 Nonrefillable container standards

A. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part II of this chapter as described in 2VAC5-690-40.

B. A pesticide product that does not meet the definition of a hazardous material in 49 CFR 171.8 must be packaged in a nonrefillable container that, if portable, is designed, constructed, and marked to comply with the requirements of 49 CFR 173.4, 49 CFR 173.5, 49 CFR 173.6, 49 CFR 173.24, 49 CFR 173.24a, 49 CFR 173.24b, 49 CFR 173.28, 49 CFR 173.155, 49 CFR 173.203, 49 CFR 173.213, 49 CFR 173.240(c), 49 CFR 173.240(d), 49 CFR 173.241(c), 49 CFR 173.241(d), 49 CFR Part 178, and 49 CFR Part 180 that are applicable to a Packing Group III material, or, if subject to a special permit, according to the applicable requirements of 49 CFR Part 107 Subpart B. The requirements in this subsection apply to the pesticide product as it is packaged for transportation in commerce.

C. A registrant's nonrefillable containers must comply with the following standards if the registrant's pesticide product is a USDOT hazardous material as defined in 49 CFR 171.8:

1. The USDOT requires the pesticide product to be packaged according to 49 CFR Part 171 through 49 CFR Part 180 or, if subject to a special permit, according to the applicable requirements of 49 CFR Part 107 Subpart B.

2. The pesticide product must be packaged in a nonrefillable container that, if portable, is designed, constructed, and marked to comply with the requirements of 49 CFR Part 171 through 49 CFR Part 180 or, if subject to a special permit, according to the applicable requirements of 49 CFR Part 107 Subpart B. The requirements in this subdivision apply to the pesticide product as it is packaged for transportation in commerce.

D. Any nonrefillable container that is a rigid container with a capacity equal to or greater than three liters (0.79 gallons), is not an aerosol container or a pressurized container, and is used to distribute or sell a liquid agricultural pesticide must have at least one of the following standard closures:

1. Bung, two-inch pipe size (2.375 inches in diameter), external threading, 11.5 threads per inch, National Pipe Straight (NPS) standard;

2. Bung, two-inch pipe size (2.375 inches in diameter), external threading, five threads per inch, buttress threads;

3. Screw cap, 63 millimeters, at least one thread revolution at six threads per inch; or

4. Screw cap, 38 millimeters, at least one thread revolution at six threads per inch. The cap may fit on a separate rigid spout or on a flexible pull-out plastic spout.

E. Any nonrefillable container that has a capacity of five gallons (18.9 liters) or less; is not an aerosol container, a pressurized container, or a spray bottle; and holds a liquid pesticide must do both of the following:

1. Allow the contents of the nonrefillable container to pour in a continuous, coherent stream.

2. Allow the contents of the nonrefillable container to be poured with a minimum amount of dripping down the outside of the container.

F. Each nonrefillable container and pesticide formulation combination must meet the applicable residue removal standard of this section.

1. If the nonrefillable container is rigid and has a capacity less than or equal to five gallons (18.9 liters) for liquid formulations or 50 pounds (22.7 kilograms) for solid formulations and if the pesticide product's labeling allows or requires the pesticide product to be mixed with a liquid diluent prior to application (that is, if the pesticide is dilutable), each container/formulation combination must be capable of attaining at least 99.99% removal of each active ingredient when tested using the EPA test procedure "Rinsing Procedures for Dilutable Pesticide Products in Rigid Containers."

2. The test must be conducted only if the pesticide product is a suspension concentrate or if EPA specifically requests the records on a case-by-case basis.

3. For the rigid container/dilutable product standard in subdivision 1 of this subsection, percent removal represents the percent of the original concentration of the active ingredient in the pesticide product when compared to the concentration of that active ingredient in the fourth rinse. Percent removal is calculated by the formula: percent removal = [1.0 - RR] x 100.0, where RR = rinsate ratio = active ingredient concentration in fourth rinsate/Original concentration of active ingredient in the product.

G. As established in 40 CFR 165.25(g) and 40 CFR 165.25(h), a registrant may obtain from EPA a waiver from or a modification to the nonrefillable container standards.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-60 Reporting and recordkeeping

2VAC5-690-60. Reporting and recordkeeping.

A. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part II of this chapter as described in 2VAC5-690-40.

B. A registrant is not required to report to VDACS with information about the registrant's nonrefillable containers under the regulations in Part II of this chapter. A registrant should refer to the reporting standards in 40 CFR Part 159 to determine if information on container failures or other incidents involving pesticide containers must be reported to EPA under § 6(a)(2) of FIFRA (7 USC § 136d(a)(2)).

C. For each pesticide product that is subject to 2VAC5-690-50 and 2VAC5-690-60 and is distributed or sold in nonrefillable containers, the registrant must maintain the records listed in this section for as long as a nonrefillable container is used to distribute or sell the pesticide product and for three years afterwards. The registrant must furnish these records for inspection and copying within 72 hours of request by an employee of VDACS. Registrants must keep the following records:

1. The name and EPA registration number of the pesticide product.

2. A description of the nonrefillable container or containers in which the pesticide product is distributed or sold.

3. At least one of the following records to document compliance with the requirement for closures in 2VAC5-690-50 D for each nonrefillable container used to distribute or sell the pesticide product that must comply with 2VAC5-690-50 D:

a. A letter or document from the container supplier that describes the closure.

b. A specification about the closure in the contract between the registrant or applicant and the container supplier.

c. A copy of EPA's approval of any nonstandard closure.

4. At least one of the following records pertaining to the container dispensing capability requirements in 2VAC5-690-50 E for each nonrefillable container used to distribute or sell the pesticide product that must comply with 2VAC5-690-50 E:

a. Test data or documentation demonstrating that the nonrefillable container meets the standards in 2VAC5-690-50 E when it contains the pesticide product.

b. Test data or documentation demonstrating that a different nonrefillable container meets the standards in 2VAC5-690-50 E when it contains the pesticide product or a different pesticide product and a written explanation of why such data or documentation demonstrates that the container meets the standards in 2VAC5-690-50 E for the pesticide product.

c. A copy of EPA's approval of a request for a waiver from the container dispensing requirement.

5. At least one of the following records pertaining to the nonrefillable container residue removal requirement in 2VAC5-690-50 F if the pesticide product is a suspension concentrate or if EPA specifically requests the records on a case-by-case basis:

a. Test data showing that the nonrefillable container and pesticide formulation meet the standard in 2VAC5-690-50 F.

b. Test data showing that a different nonrefillable container with the same or a different pesticide formulation meets the standard in 2VAC5-690-50 F, together with a written explanation of why such data demonstrate that the nonrefillable container and pesticide formulation meet the standard in 2VAC5-690-50 F.

c. A copy of EPA's approval of a request for a waiver from the residue removal standard requirement.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

Part III Refillable Container Standards: Container Design

2VAC5-690-70 General provisions

A. The regulations in Part III (2VAC5-690-70 et seq.) of this chapter establish design and construction requirements for refillable containers used for the distribution or sale of some pesticide products.

B. The following persons must comply with the regulations in Part III of this chapter as follows:

1. A registrant must comply with all of the regulations in Part III of this chapter if the registrant distributes or sells a pesticide product in refillable containers. If the pesticide product is subject to the regulations in Part III of this chapter as set out in 2VAC5-690-80, the pesticide product must be distributed or sold in a refillable container that meets the standards of these regulations. This includes pesticide products that are repackaged according to Part IV (2VAC5-690-110 et seq.) of this chapter.

2. A refiller must comply with the regulations in 2VAC5-690-90 G for stationary pesticide containers if the refiller is not the registrant of the pesticide product. If the pesticide product is subject to the regulations in Part III of this chapter as set out in 2VAC5-690-80, the stationary pesticide containers used to distribute or sell the product must meet the standards of 2VAC5-690-90 G.

3. For a refiller of a pesticide product who is not a registrant of the pesticide product, 2VAC5-690-90 C provides an exemption from some of the requirements in 2VAC5-690-90 B.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-80 Scope of pesticide products included

A. The regulations in Part III (2VAC5-690-70 et seq.) of this chapter do not apply to manufacturing use products as defined in 40 CFR 158.153(h).

B. The regulations in Part III of this chapter do not apply to plant-incorporated protectants as defined in 40 CFR 174.3.

C. The regulations in Part III of this chapter do not apply to a pesticide product if it satisfies all of the following conditions:

1. The pesticide product meets one of the following two criteria:

a. The pesticide product is an antimicrobial pesticide as defined in § 2(mm) of FIFRA (7 USC § 136(mm)); or

b. The pesticide product (i) is intended to disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms or protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime; and (ii) in the intended use is subject to a tolerance under § 408 of the Federal Food, Drug, and Cosmetic Act (21 USC § 346a) or a food additive regulation under § 409 of the Federal Food, Drug, and Cosmetic Act (21 USC § 348).

2. The labeling of the pesticide product includes directions for use on a site in at least one of the following antimicrobial product use categories: food handling/storage establishments premises and equipment; commercial, institutional, and industrial premises and equipment; residential and public access premises; medical premises and equipment; human drinking water systems; materials preservatives; industrial processes and water systems; antifouling coatings; wood preservatives; or swimming pools.

3. The pesticide product is not a hazardous waste as set out in 40 CFR Part 261 when the pesticide product is intended to be disposed.

4. EPA has not specifically determined that the pesticide product must be subject to the regulations in Part III of this chapter to prevent an unreasonable adverse effect on the environment according to the provisions of subsection E of this section.

D. An antimicrobial swimming pool product that is not exempt by subsection A, B, or C of this section must comply with all of the regulations in Part III of this chapter except 2VAC5-690-90 E regarding marking and 2VAC5-690-90 F regarding openings. For the purposes of Part III of this chapter, an antimicrobial swimming pool product is a pesticide product that satisfies both of the following conditions:

1. The pesticide product is intended to disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms or protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime.

2. The labeling of the pesticide product includes directions for use on only a site or sites in the antimicrobial product use category of swimming pools.

E. As established in 40 CFR 165.43(e), EPA may determine that an antimicrobial pesticide product otherwise exempted must be subject to the regulations in Part III of this chapter.

F. The regulations in Part III of this chapter apply to all pesticide products other than manufacturing use products, plant-incorporated protectants, and antimicrobial products that are exempt by subsection C of this section. Antimicrobial products covered under subsection D of this section are subject to the regulations indicated in subsection D of this section.

G. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part III of this chapter as described in subsections A through F of this section.

1. The regulations in Part III of this chapter do not apply to transport vehicles that contain pesticide in pesticide-holding tanks that are an integral part of the transport vehicle and that are the primary containment for the pesticide.

2. The regulations in Part III of this chapter do not apply to containers that hold pesticides that are gaseous at atmospheric temperature and pressure.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-90 Refillable container standards

A. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part III of this chapter as described in 2VAC5-690-80 A through F.

B. A pesticide product that does not meet the definition of a hazardous material in 49 CFR 171.8 must be packaged in a refillable container that, if portable, is designed, constructed, and marked to comply with the requirements of 49 CFR 173.4, 49 CFR 173.5, 49 CFR 173.6, 49 CFR 173.24, 49 CFR 173.24a, 49 CFR 173.24b, 49 CFR 173.28, 49 CFR 173.155, 49 CFR 173.203, 49 CFR 173.213, 49 CFR 173.240(c), 49 CFR 173.240(d), 49 CFR 173.241(c), 49 CFR 173.241(d), 49 CFR Part 178, and 49 CFR Part 180 that are applicable to a Packing Group III material, or, if subject to a special permit, according to the applicable requirements of 49 CFR Part 107 Subpart B. The requirements in this subsection apply to the pesticide product as it is packaged for transportation in commerce.

C. A refiller is not required to comply with 49 CFR 173.28(b)(2) for pesticide products that are not USDOT hazardous materials if the refillable container to be reused complies with the refillable container regulations in Part III (2VAC5-690-70 et seq.) of this chapter and the refilling is done in compliance with the repackaging regulations in Part IV (2VAC5-690-110 et seq.) of this chapter.

D. A registrant's refillable containers must comply with the following standards if the registrant's pesticide product is a USDOT hazardous material as defined in 49 CFR 171.8:

1. The USDOT requires the pesticide product to be packaged according to 49 CFR Part 171 through 49 CFR Part 180 or, if subject to a special permit, according to the applicable requirements of 49 CFR Part 107 Subpart B.

2. The pesticide product must be packaged in a refillable container that, if portable, is designed, constructed, and marked to comply with the requirements of 49 CFR Part 171 through 49 CFR Part 180 or, if subject to a special permit, according to the applicable requirements of 49 CFR Part 107 Subpart B. The requirements in this subsection apply to the pesticide product as it is packaged for transportation in commerce.

E. Each refillable container must be marked in a durable and clearly visible manner with a serial number or other identifying code that will distinguish the individual container from all other containers. Durable marking includes, but is not limited to, etching, embossing, ink jetting, stamping, heat stamping, mechanically attaching a plate, molding, and marking with durable ink. The serial number or other identifying code must be located on the outside part of the container except on a closure. Placement on the label or labeling is not sufficient unless the label is an integral, permanent part of or permanently stamped on the container.

F. For any refillable container that is a portable pesticide container, is designed to hold liquid pesticide formulations, and is not a cylinder that complies with the USDOT Hazardous Materials Regulations in 49 CFR Part 171 through 49 CFR Part 180, each opening of the container other than a vent must have a one-way valve, a tamper-evident device, or both. A one-way valve may be located in a device or system separate from the container if the device or system is the only reasonably foreseeable way to withdraw pesticide from the container. A vent must be designed to minimize the amount of material that could be introduced into the container through it.

G. If a stationary pesticide container designed to hold undivided quantities of pesticides equal to or greater than 500 gallons (1,890 liters) of liquid pesticide or equal to or greater than 4,000 pounds (1,818 kilograms) of dry pesticide is located at the refilling establishment of a refiller operating under written contract to a registrant, the stationary pesticide container must meet the following standards:

1. Except during a civil emergency or any unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight, each stationary pesticide container (for liquid and dry pesticides) and its appurtenances must meet both of the following standards:

a. Each stationary pesticide container and its appurtenances must be resistant to extreme changes in temperature and constructed of materials that are adequately thick to not fail and that are resistant to corrosion, puncture, or cracking.

b. Each stationary pesticide container must be capable of withstanding all operating stresses, taking into account static heat, pressure buildup from pumps and compressors, and any other foreseeable mechanical stresses to which the container may be subjected in the course of operations.

2. Each stationary container of liquid pesticides must meet all of the following standards:

a. Each stationary container of liquid pesticides must be equipped with a vent or other device designed to relieve excess pressure, prevent losses by evaporation, and exclude precipitation.

b. External sight gauges, which are pesticide-containing hoses or tubes that run vertically along the exterior of the container from the top to the bottom, are prohibited on stationary containers of liquid pesticides.

c. Each connection on a stationary container of liquid pesticides that is below the normal liquid level must be equipped with a shutoff valve that is capable of being locked closed. A shutoff valve must be located within a secondary containment unit if one is required by Part V (2VAC5-690-160 et seq.) of this chapter.

H. As established in 40 CFR 165.45(g) and 40 CFR 165.45(h), a registrant may obtain from EPA a waiver from or a modification to some of the refillable container standards.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014; Errata 30:8 VA.R. 1149 December 16, 2013.

2VAC5-690-100 Reporting

In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part III of this chapter as described in 2VAC5-690-80 A through F.

A registrant is not required to report to VDACS information about the refillable containers under the regulations in Part III (2VAC5-690-70 et seq.) of this chapter. A registrant should refer to the reporting standards in 40 CFR Part 159 to determine if information on container failures or other incidents involving pesticide containers must be reported to EPA under § 6(a)(2) of FIFRA (7 USC § 136d(a)(2)).

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

Part IV Standards for Repackaging Pesticide Products into Refillable Containers

2VAC5-690-110 General provisions

A. The regulations in Part IV (2VAC5-690-110 et seq.) of this chapter establish requirements for repackaging some pesticide products into refillable containers for distribution or sale.

B. The following persons must comply with the regulations in Part IV of this chapter:

1. A registrant who distributes or sells a pesticide product in refillable containers;

2. A registrant who distributes or sells pesticide products to a refiller that is not part of the registrant's company for repackaging into refillable containers; or

3. A refiller of a pesticide product that is not the registrant of the pesticide product.

Each pesticide product that is subject to the regulations in Part IV of this chapter as set out in 2VAC5-690-120 and that is distributed or sold in a refillable container must be distributed or sold in compliance with the standards of these regulations.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-120 Scope of pesticide products included

A. The regulations in Part IV (2VAC5-690-110 et seq.) of this chapter do not apply to manufacturing use products as defined in 40 CFR 158.153(h).

B. The regulations in Part IV of this chapter do not apply to plant-incorporated protectants as defined in 40 CFR 174.3.

C. The regulations in Part IV of this chapter do not apply to a pesticide product if it satisfies all of the following conditions:

1. The pesticide product meets one of the following two criteria:

a. The pesticide product is an antimicrobial pesticide as defined in § 2(mm) of FIFRA (7 USC § 136(mm)); or

b. The pesticide product (i) is intended to disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms or protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime; and (ii) in the intended use is subject to a tolerance under § 408 of the Federal Food, Drug, and Cosmetic Act (21 USC § 346a) or a food additive regulation under § 409 of the Federal Food, Drug, and Cosmetic Act (21 USC § 348).

2. The labeling of the pesticide product includes directions for use on a site in at least one of the following antimicrobial product use categories: food handling/storage establishments premises and equipment; commercial, institutional, and industrial premises and equipment; residential and public access premises; medical premises and equipment; human drinking water systems; materials preservatives; industrial processes and water systems; antifouling coatings; wood preservatives; or swimming pools.

3. The pesticide product is not a hazardous waste as set out in 40 CFR Part 261 when the pesticide product is intended to be disposed.

4. EPA has not specifically determined that the pesticide product must be subject to the regulations in Part IV of this chapter to prevent an unreasonable adverse effect on the environment according to the provisions of subsection F of this section.

D. For the purposes of Part IV of this chapter, an antimicrobial swimming pool product is a pesticide product that satisfies both of the following conditions:

1. The pesticide product is intended to disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms or protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime.

2. The labeling of the pesticide product includes directions for use on only a site or sites in the antimicrobial product use category of swimming pools.

E. An antimicrobial swimming pool product that is not exempt by subsection A, B, or C of this section must comply with all of the regulations in Part IV of this chapter except for the following requirements:

| | Requirement | Requirement for registrants who distribute or sell directly in refillable containers | Requirement for refillers who are not registrants | | --- | --- | --- | --- | | | Recordkeeping specific to each instance of repackaging | 2VAC5-690-130 J 2 | 2VAC5-690-150 K 2 | | | Container inspection: criteria regarding a serial number or other identifying code | 2VAC5-690-130 F 2 | 2VAC5-690-150 G 2 | | | Container inspection: criteria regarding one-way valve or tamper-evident device | 2VAC5-690-130 F 3 | 2VAC5-690-150 G 3 | | | Cleaning requirement: criteria regarding one-way valve or tamper-evident device | 2VAC5-690-130 G 1 | 2VAC5-690-150 H 1 | | | Cleaning if the one-way valve or tamper-evident device is not intact | 2VAC5-690-130 H | 2VAC5-690-150 I |

F. As established in 40 CFR 165.63(e), EPA may determine that an antimicrobial pesticide product otherwise exempted must be subject to the regulations in Part IV of this chapter.

G. The regulations in Part IV of this chapter apply to all pesticide products other than manufacturing use products, plant-incorporated protectants, and antimicrobial products that are exempt under subsection C of this section. Antimicrobial products covered under subsection E of this section are subject to the regulations indicated in that subsection.

H. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part IV of this chapter as described in subsections A through G of this section.

1. The regulations in Part IV of this chapter do not apply to transport vehicles that contain pesticide in pesticide-holding tanks that are an integral part of the transport vehicle and that are the primary containment for the pesticide.

2. Custom blending is not subject to the regulations in Part IV of this chapter.

3. The regulations in Part IV of this chapter do not apply to containers that hold pesticides that are gaseous at atmospheric temperature and pressure.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-130 Registrants who distribute or sell pesticide products in refillable containers

A. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part IV of this chapter as described in 2VAC5-690-120 A through G.

B. Any registrant who distributes or sells pesticide products in refillable containers and any registrant who conducts all of the repackaging for a pesticide product and does not distribute or sell the pesticide product to a refiller that is not part of the registrant's company for repackaging into refillable containers must comply with this section. Any registrant that repackages a product directly into refillable containers for sale or distribution and also sells or distributes other quantities of that product to an independent refiller for repackaging must meet the requirements in this section for those quantities the registrant distributes or sells directly and the requirements in 2VAC5-690-140 for those quantities that the registrant distributes or sells to an independent refiller.

C. A registrant is responsible for the pesticide product that the registrant distributes or sells in refillable containers not being adulterated or different from the composition described in its confidential statement of formula that is required under § 3 of FIFRA (7 USC § 136a).

D. For each pesticide product distributed or sold in refillable containers, the registrant must develop both of the following documents in writing.

1. The registrant must develop a refilling residue removal procedure that describes how to remove pesticide residue from a refillable container (portable or stationary pesticide container) before it is refilled.

a. The refilling residue removal procedure must be adequate to ensure that the composition of the pesticide product does not differ at the time of its distribution or sale from the composition described in its confidential statement of formula that is required under § 3 of FIFRA (7 USC § 136a).

b. If the refilling residue removal procedure requires the use of a solvent other than the diluent used for applying the pesticide as specified on the labeling under "Directions for Use," or if there is no diluent used for application, the refilling residue removal procedure must describe how to manage any rinsate resulting from the procedure in accordance with applicable federal and state regulations.

2. The registrant must develop a description of acceptable refillable containers (portable or stationary pesticide containers) that can be used for distributing or selling that pesticide product.

a. An acceptable container is one that the registrant has determined meets the standards in Part III (2VAC5-690-70 et seq.) of this chapter and is compatible with the pesticide formulation intended to be distributed and sold using the refillable container.

b. The registrant must identify the containers by specifying the container materials of construction that are compatible with the pesticide formulation and specifying information necessary to confirm compliance with the refillable container requirements in Part III of this chapter.

E. A refiller at a registrant's establishment that repackages a pesticide product into refillable containers for distribution or sale must comply with all of the following provisions.

1. The establishment must be registered with EPA as a producing establishment as required by 40 CFR 167.20.

2. The refiller must not change the pesticide formulation unless the refiller has a registration for the new formulation.

3. The refiller must repackage a pesticide product only into a refillable container that is identified on the registrant's description of acceptable containers for that pesticide product.

4. The refiller may repackage any quantity of a pesticide product into a refillable container up to the rated capacity of the container. In addition, there are no general limits on the size of the refillable containers that the refiller can use.

5. The refiller must have all of the following items at the establishment before repackaging a pesticide product into any refillable container for distribution or sale:

a. The pesticide product's label and labeling;

b. The written refilling residue removal procedure for the pesticide product; and

c. The written description of acceptable containers for the pesticide product.

6. Before repackaging a pesticide product into any refillable container for distribution or sale, the refiller must identify the pesticide product previously contained in the refillable container to determine whether a residue removal procedure must be conducted in accordance with subsection G of this section. The refiller may identify the previous pesticide product by referring to the label or labeling.

7. The refiller must inspect each refillable container according to subsection F of this section.

8. The refiller must clean each refillable container according to subsection G or H of this section, if required by either subsection.

9. The refiller must ensure that each refillable container is properly labeled according to subsection I of this section.

10. The establishment must maintain records in accordance with subsection J of this section.

11. The establishment must maintain records as required by 40 CFR Part 169.

12. The establishment must report as required by 40 CFR Part 167.

F. Before repackaging a pesticide product into any refillable container, a refiller at a registrant's establishment must visually inspect the exterior and (if possible) the interior of the container and the exterior of appurtenances. The purpose of the inspection is to determine whether the container meets the necessary criteria with respect to continued container integrity, required markings, and openings. If the condition in subdivision 1 of this subsection exists, the container fails the inspection and must not be refilled unless the container is repaired, reconditioned, or remanufactured in compliance with the relevant USDOT requirement. If the condition in subdivision 2 or 3 of this subsection (or both) exists, the container fails the inspection and must not be refilled until the container meets the standards specified in Part III of this chapter. The conditions are:

1. The integrity of the container is compromised in at least one of the following ways:

a. The container shows signs of rupture or other damage that reduces its structural integrity;

b. The container has visible pitting, significant reduction in material thickness, metal fatigue, damaged threads or closures, or other significant defects;

c. The container has cracks, warpage, corrosion, or any other damage that might render it unsafe for transportation; or

d. There is damage to the fittings, valves, tamper-evident devices or other appurtenances that may cause failure of the container.

2. The container does not bear the markings required by 2VAC5-690-90 B through E, or such markings are not legible.

3. The container does not have an intact and functioning one-way valve or tamper-evident device on each opening other than a vent, if required.

G. A refiller at a registrant's establishment must clean each refillable container by conducting the pesticide product's refilling residue removal procedure before repackaging the pesticide product into the refillable container, unless the conditions in subdivisions 1 and either 2 or 3 of this subsection are satisfied.

1. If required, each tamper-evident device and one-way valve is intact.

2. The refillable container is being refilled with the same pesticide product.

3. Both of the following conditions are satisfied:

a. The container previously held a pesticide product with a single active ingredient and is being used to repackage a pesticide product with the same single active ingredient.

b. There is no change that would cause the composition of the product being repackaged to differ from the composition described in its confidential statement of formula that is required under § 3 of FIFRA (7 USC § 136a). Examples of unallowable changes include the active ingredient concentration increasing or decreasing beyond the limits established by the confidential statement of formula or a reaction or interaction between the pesticide product being repackaged and the residue remaining in the container.

H. As required in subsection G of this section, a refiller at a registrant's establishment must clean each refillable container that has a tamper-evident device that is not intact or one-way valve that is not intact by conducting the pesticide product's refilling residue removal procedure before repackaging the pesticide product into the refillable container. In addition, other procedures may be necessary to assure that product integrity is maintained in such cases.

I. Before distributing or selling a pesticide product in a refillable container, a refiller must ensure that the label of the pesticide product is securely attached to the refillable container such that the label can reasonably be expected to remain affixed during the foreseeable conditions and period of use. The label and labeling must comply in all respects with the requirements of 40 CFR Part 156. In particular, the refiller must ensure that the net contents statement and EPA establishment number appear on the label.

J. Each establishment of a registrant that repackages a pesticide product into refillable containers for distribution or sale must maintain all of the records listed in this section in addition to the applicable records identified in 40 CFR Part 167 and 40 CFR Part 169. The establishment must furnish these records for inspection and copying within 72 hours of request by an employee of VDACS.

1. For each pesticide product distributed or sold in refillable containers, both of the following records must be maintained for the current operating year and for three years afterwards:

a. The written refilling residue removal procedure for the pesticide product; and

b. The written description of acceptable containers for the pesticide product.

2. Each time a refiller at a registrant's establishment repackages a pesticide product into a refillable container and distributes or sells the product, the following records must be generated and maintained for at least three years after the date of repackaging:

a. The EPA registration number of the pesticide product distributed or sold in the refillable container;

b. The date of the repackaging; and

c. The serial number or other identifying code of the refillable container.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-140 Registrants who distribute or sell pesticide products to refillers for repackaging

A. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part IV of this chapter as described in 2VAC5-690-120 A through G.

B. A registrant who distributes or sells pesticide products to a refiller that is not part of the registrant's company for repackaging into refillable containers must comply with the standards in this section.

C. A registrant may allow a refiller to repackage the registrant's pesticide product into refillable containers and to distribute or sell such repackaged product under the registrant's existing registration if all of the following conditions are satisfied:

1. The repackaging results in no change to the pesticide formulation.

2. One of the following conditions regarding a registered refilling establishment is satisfied:

a. The pesticide product is repackaged at a refilling establishment registered with EPA as required by 40 CFR 167.20.

b. The pesticide product is repackaged by a refilling establishment registered with EPA as required by 40 CFR 167.20 at the site of a user who intends to use or apply the product.

3. The registrant has entered into a written contract with the refiller to repackage the pesticide product and to use the label of the registrant's pesticide product.

4. The pesticide product is repackaged only into refillable containers that meet the standards of Part III (2VAC5-690-70 et seq.) of this chapter.

5. The pesticide product is labeled with the product's label with no changes except the addition of an appropriate net contents statement and the refiller's EPA establishment number.

D. Repackaging a pesticide product for distribution or sale without either obtaining a registration or meeting all of the conditions in subsection C of this section is a violation of § 12 of FIFRA (7 USC § 136j). Both the registrant and the refiller that is repackaging the registrant's pesticide product under written contract with the registrant may be liable for violations pertaining to the repackaged product.

E. A registrant that allows a refiller to repackage the registrant's product as specified in subsection C of this section must provide the written contract referred to in subdivision C 3 of this section to the refiller before the registrant distributes or sells the pesticide product to the refiller.

F. A registrant is responsible for the pesticide product that the registrant distributes or sells to a refiller that is not part of the registrant's company for repackaging into refillable containers not being adulterated or different from the composition described in its confidential statement of formula that is required under § 3 of FIFRA (7 USC § 136a).

G. For each pesticide product distributed or sold in refillable containers, the registrant must develop both of the following documents in writing.

1. The registrant must develop a refilling residue removal procedure that describes how to remove pesticide residue from a refillable container (portable or stationary pesticide container) before it is refilled.

a. The refilling residue removal procedure must be adequate to ensure that the composition of the pesticide product does not differ at the time of its distribution or sale from the composition described in its confidential statement of formula that is required under § 3 of FIFRA (7 USC § 136a).

b. If the refilling residue removal procedure requires the use of a solvent other than the diluent used for applying the pesticide as specified on the labeling under "Directions for Use," or if there is no diluents used for application, the refilling residue removal procedure must describe how to manage any rinsate resulting from the procedure in accordance with applicable federal and state regulations.

2. The registrant must develop a description of acceptable refillable containers (portable or stationary pesticide containers) that can be used for distributing or selling that pesticide product.

a. An acceptable container is one that the registrant has determined meets the standards Part III of this chapter and is compatible with the pesticide formulation intended to be distributed and sold using the refillable container.

b. The registrant must identify the containers by specifying the container materials of construction that are compatible with the pesticide formulation and specifying information necessary to confirm compliance with the refillable container requirements in Part III of this chapter.

H. A registrant must provide the refiller with all of the following information and documentation before or at the time of distribution or sale of the registrant's pesticide product to the refiller:

1. The registrant's written refilling residue removal procedure for the pesticide product;

2. The registrant's written description of acceptable containers for the pesticide product; and

3. The pesticide product's label and labeling.

I. A registrant must maintain all of the records listed in this section for the current operating year and for three years afterwards. A registrant must furnish these records for inspection and copying within 72 hours of request by an employee of VDACS:

1. Each written contract entered into with a refiller for repackaging the registrant's pesticide product into refillable containers;

2. The registrant's written refilling residue removal procedure for the pesticide product; and

3. The registrant's written description of acceptable containers for the pesticide product.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-150 Refillers who are not registrants

A. In this section, the term "pesticide product" or "pesticide" refers only to a pesticide product or a pesticide that is subject to the regulations in Part IV of this chapter as described in 2VAC5-690-120 A through G.

B. A refiller of a pesticide product that is not the registrant of the pesticide product must comply with the standards in this section.

C. A registrant may allow a refiller to repackage the registrant's pesticide product into refillable containers and to distribute or sell such repackaged product under the registrant's existing registration if all of the following conditions are satisfied:

1. The repackaging results in no change to the pesticide formulation.

2. One of the following conditions regarding a registered refilling establishment is satisfied:

a. The pesticide product is repackaged at a refilling establishment registered with EPA as required by 40 CFR 167.20.

b. The pesticide product is repackaged by a refilling establishment registered with EPA as required by 40 CFR 167.20 at the site of a user who intends to use or apply the product.

3. The registrant has entered into a written contract with the refiller to repackage the pesticide product and to use the label of the registrant's pesticide product.

4. The pesticide product is repackaged only into refillable containers that meet the standards of Part III (2VAC5-690-70 et seq.) of this chapter.

5. The pesticide product is labeled with the product's label with no changes except the addition of an appropriate net contents statement and the refiller's EPA establishment number.

D. Repackaging a pesticide product for distribution or sale without either obtaining a registration or meeting all of the conditions in subsection C of this section is a violation of § 12 of FIFRA (7 USC § 136j). Both the refiller and the pesticide product's registrant may be liable for violations pertaining to the repackaged product.

E. A refiller is responsible for the pesticide product that the refiller distributes or sells in refillable containers not being adulterated or different from the composition described in its confidential statement of formula that is required under § 3 of FIFRA (7 USC § 136a).

F. A refiller must comply with all of the following provisions.

1. The refiller's establishment must be registered with EPA as a producing establishment as required by 40 CFR 167.20.

2. The refiller must not change the pesticide formulation unless the refiller has a registration for the new formulation.

3. The refiller must repackage a pesticide product only into a refillable container that is identified on the description of acceptable containers for that pesticide product provided by the registrant.

4. The refiller may repackage any quantity of a pesticide product into a refillable container up to the rated capacity of the container. In addition, there are no general limits on the size of the refillable containers that the refiller can use.

5. The refiller must have all of the following items at the refiller's establishment before repackaging a pesticide product into any refillable container for distribution or sale:

a. The written contract referred to in subdivision C 3 of this section from the pesticide product's registrant;

b. The pesticide product's label and labeling;

c. The registrant's written refilling residue removal procedure for the pesticide product; and

d. The registrant's written description of acceptable containers for the pesticide product.

6. Before repackaging a pesticide product into any refillable container for distribution or sale, the refiller must identify the pesticide product previously contained in the refillable container to determine whether a residue removal procedure must be conducted in accordance with subsection H of this section. The refiller may identify the previous pesticide product by referring to the label or labeling.

7. The refiller must inspect each refillable container according to subsection G of this section.

8. The refiller must clean each refillable container according to subsection H or I of this section, if required by either subsection.

9. The refiller must ensure that each refillable container is properly labeled according to subsection J of this section.

10. The refiller must maintain records in accordance with subsection K of this section.

11. The refiller must maintain records as required by 40 CFR Part 169.

12. The refiller must report as required by 40 CFR Part 167.

13. The stationary pesticide containers at the refiller's establishment must meet the standards in 2VAC5-690-90 G.

14. The refiller may be required to comply with the containment standards in Part V (2VAC5-690-160 et seq.) of this chapter.

G. Before repackaging a pesticide product into any refillable container, a refiller must visually inspect the exterior and (if possible) the interior of the container and the exterior of appurtenances. The purpose of the inspection is to determine whether the container meets the necessary criteria with respect to continued container integrity, required markings, and openings. If the condition in subdivision 1 of this subsection exists, the container fails the inspection and must not be refilled unless the container is repaired, reconditioned, or remanufactured in compliance with the relevant USDOT requirement. If the condition in subdivision 2 or 3 of this subsection (or both) exists, the container fails the inspection and must not be refilled until the container meets the standards specified in Part III (2VAC5-690-70 et seq.) of this chapter. The conditions are the following:

1. The integrity of the container is compromised in at least one of the following ways:

a. The container shows signs of rupture or other damage that reduces its structural integrity;

b. The container has visible pitting, significant reduction in material thickness, metal fatigue, damaged threads or closures, or other significant defects;

c. The container has cracks, warpage, corrosion, or any other damage that might render it unsafe for transportation; or

d. There is damage to the fittings, valves, tamper-evident devices, or other appurtenances that may cause failure of the container.

2. The container does not bear the markings required by 2VAC5-690-90 B through E, or such markings are not legible.

3. The container does not have an intact and functioning one-way valve or tamper-evident device on each opening other than a vent, if required.

H. A refiller must clean each refillable container by conducting the pesticide product's refilling residue removal procedure before repackaging the pesticide product into the refillable container, unless the conditions in subdivisions 1 and either 2 or 3 of this section are satisfied.

1. If required, each tamper-evident device and one-way valve is intact.

2. The refillable container is being refilled with the same pesticide product.

3. Both of the following conditions are satisfied.

a. The container previously held a pesticide product with a single active ingredient and is being used to repackage a pesticide product with the same single active ingredient.

b. There is no change that would cause the composition of the product being repackaged to differ from the composition described in its confidential statement of formula that is required under § 3 of FIFRA (7 USC § 136a). Examples of unallowable changes include the active ingredient concentration increasing or decreasing beyond the limits established by the confidential statement of formula or a reaction or interaction between the pesticide product being repackaged and the residue remaining in the container.

I. As required in subsection H of this section, a refiller must clean each refillable container that has a tamper-evident device that is not intact or one-way valve that is not intact by conducting the pesticide product's refilling residue removal procedure before repackaging the pesticide product into the refillable container. In addition, other procedures may be necessary to assure that product integrity is maintained in such cases.

J. Before distributing or selling a pesticide product in a refillable container, a refiller must ensure that the label of the pesticide product is securely attached to the refillable container such that the label can reasonably be expected to remain affixed during the foreseeable conditions and period of use. The label and labeling must comply in all respects with the requirements of 40 CFR Part 156. In particular, a refiller must ensure that the net contents statement and EPA establishment number appear on the label.

K. A refiller must maintain all of the records listed in this section in addition to the applicable records identified in 40 CFR Part 167 and 40 CFR Part 169. A refiller must furnish these records for inspection and copying within 72 hours of request by an employee of VDACS.

1. For each pesticide product distributed or sold in refillable containers, all of the following records must be maintained for the current operating year and for three years after that:

a. The written contract from the pesticide product's registrant for the pesticide product;

b. The written refilling residue removal procedure for the pesticide product; and

c. The written description of acceptable containers for the pesticide product.

2. Each time a refiller repackages a pesticide product into a refillable container and distributes or sells the product, the following records must be generated and maintained for at least three years after the date of repackaging:

a. The EPA registration number of the pesticide product distributed or sold in the refillable container;

b. The date of the repackaging; and

c. The serial number or other identifying code of the refillable container.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

Part V Standards for Pesticide Containment Structures

2VAC5-690-160 General provisions

A. The purpose of the containment regulations in Part V (2VAC5-690-160 et seq.) of this chapter is to protect human health and the environment from exposure to agricultural pesticides that may spill or leak from stationary pesticide containers. This protection is achieved by the construction of secondary containment units or pads at certain facilities handling agricultural pesticides. These regulations will also reduce waste generation associated with:

1. Storage and handling of large quantities of pesticide products.

2. Pesticide dispensing and container-refilling operations.

B. Any owner or operator of one of the following businesses who also has a stationary pesticide container or a pesticide dispensing (including container refilling) area must comply with the regulations in Part V of this chapter.

1. Refilling establishments who repackage agricultural pesticides and whose principal business is retail sale (i.e., more than 50% of total annual revenue comes from retail operations).

2. Custom blenders of agricultural pesticides.

3. Businesses that apply an agricultural pesticide for compensation (other than trading of personal services between agricultural producers).

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-170 Scope of stationary pesticide containers included

A. A stationary pesticide container is a refillable container (i) that is fixed at a single facility or establishment or, if not fixed, remains at the facility or establishment for at least 30 consecutive days and (ii) that holds pesticide during the entire time.

B. Stationary pesticide containers designed to hold undivided quantities of agricultural pesticides equal to or greater than 500 gallons (1,890 liters) of liquid pesticide or equal to or greater than 4,000 pounds (1,818 kilograms) of dry pesticide are subject to the regulations in Part V (2VAC5-690-160 et seq.) of this chapter and must have a secondary containment unit that complies with the provisions of Part V of this chapter unless any of the following conditions exists:

1. The container is empty, that is, all pesticide that can be removed by methods such as draining, pumping, or aspirating has been removed (whether or not the container has been rinsed or washed).

2. The container holds only pesticide rinsates or washwater and is labeled accordingly.

3. The container holds only pesticides that would be gaseous when released at atmospheric temperature and pressure.

4. The container is dedicated to nonpesticide use and is labeled accordingly.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-180 Scope of pesticide dispensing areas included

A. A pesticide dispensing area is subject to the containment regulations in Part V (2VAC5-690-160 et seq.) of this chapter and must have a containment pad that complies with the requirements of Part V of this chapter if any of the following activities occur:

1. Refillable containers of agricultural pesticide are emptied, cleaned, or rinsed.

2. Agricultural pesticides are dispensed from a stationary pesticide container designed to hold undivided quantities of agricultural pesticides equal to or greater than 500 gallons (1,890 liters) of liquid pesticide or equal to or greater than 4,000 pounds (1,818 kilograms) of dry pesticide for any purpose, including refilling or emptying for cleaning. This applies when pesticide is dispensed from the container into any vessel, including but not limited to:

a. Refillable containers;

b. Service containers;

c. Transport vehicles; or

d. Application equipment.

3. Agricultural pesticides are dispensed from a transport vehicle for purposes of filling a refillable container.

4. Agricultural pesticides are dispensed from any other container for the purpose of refilling a refillable container for sale or distribution. Containment requirements do not apply if the agricultural pesticide is dispensed from such a container for use, application or purposes other than refilling for sale or distribution.

B. A pesticide dispensing area is exempt from the regulations in Part V of this chapter if any of the following conditions exist:

1. The only pesticides in the dispensing area would be gaseous when released at atmospheric temperature and pressure.

2. The only pesticide containers refilled or emptied within the dispensing area are stationary pesticide containers that are already protected by a secondary containment unit that complies with the provisions of Part V of this chapter.

3. The pesticide dispensing area is used solely for dispensing pesticide from a rail car that does not remain at a facility long enough to meet the definition of a stationary pesticide container, that is, 30 days.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-190 Definition of new and existing structures

A. A new containment structure is one whose installation began after November 16, 2006. Installation is considered to have begun if:

1. The owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the containment structure; and

2. The owner or operator has either begun a continuous onsite physical construction or installation program or has entered into contractual obligations. The contract must be such that it cannot be canceled or modified without substantial loss and must be for the physical construction or installation of the containment structure within a specific and reasonable time frame.

B. An existing containment structure is defined as one whose installation began on or before November 16, 2006.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-200 Design and capacity requirements for new structures

A. A new containment structure must comply with the following material specifications:

1. The containment structure must be constructed of steel, reinforced concrete, or other rigid material capable of withstanding the full hydrostatic head, load, and impact of any pesticides, precipitation, other substances, equipment, and appurtenances placed within the structure. The structure must be liquid-tight with cracks, seams, and joints appropriately sealed.

2. The structure must not be constructed of natural earthen material, unfired clay, or asphalt.

3. The containment structure must be made of materials compatible with the pesticides stored. Materials are deemed compatible if they are able to withstand anticipated exposure to stored or transferred substances and still provide containment of those same or other substances within the containment area.

B. A new containment structure must comply with the following general design requirements:

1. The owner or operator must ensure that appurtenances and pesticide containers are protected against damage from operating personnel and moving equipment. Means of protection include, but are not limited to, supports to prevent sagging, flexible connections, the use of guard rails, barriers, and protective cages.

2. Appurtenances, discharge outlets, or gravity drains must not be configured through the base or wall of the containment structure, except for direct interconnections between adjacent containment structures that meet the requirements of Part V (2VAC5-690-160 et seq.) of this chapter. Appurtenances must be configured in such a way that spills or leaks are easy to see.

3. The containment structure must be constructed with sufficient freeboard to contain precipitation and prevent water and other liquids from seeping into or flowing onto it from adjacent land or structures.

4. Multiple stationary pesticide containers may be protected within a single secondary containment unit.

C. A new secondary containment unit for a stationary container of a liquid pesticide and a new containment pad in a pesticide dispensing area must comply with the following capacity requirements:

1. New secondary containment units for stationary containers of liquid pesticides, if protected from precipitation, must have a capacity of at least 100% of the volume of the largest stationary pesticide container plus the volume displaced by other containers and appurtenances within the unit.

2. New secondary containment units for stationary containers of liquid pesticides, if exposed to or unprotected from precipitation, must have a capacity of at least 110% of the volume of the largest stationary pesticide container plus the volume displaced by other containers and appurtenances within the unit.

3. New containment pads in pesticide dispensing areas that have a pesticide container or pesticide holding equipment with a volume of 750 gallons or greater must have a holding capacity of at least 750 gallons.

4. New containment pads in pesticide dispensing areas that do not have a pesticide container or pesticide holding equipment with a volume of at least 750 gallons must have a holding capacity of at least 100% of the volume of the largest pesticide container or pesticide-holding equipment used on the pad.

D. Each stationary container of liquid pesticides protected by a new secondary containment unit must be anchored or elevated to prevent flotation in the event that the secondary containment unit fills with liquid.

E. Each new containment pad in a pesticide dispensing area must:

1. Be designed and constructed to intercept leaks and spills of pesticides that may occur in the pesticide dispensing area;

2. Have enough surface area to extend completely beneath any container on it, with the exception of transport vehicles dispensing pesticide for sale or distribution to a stationary pesticide container. For such vehicles, the surface area of the containment pad must accommodate at least the portion of the vehicle where the delivery hose or device couples to the vehicle. This exception does not apply to transport vehicles that are used for prolonged storage or repeated onsite dispensing of pesticides;

3. Allow, in conjunction with its sump, for removal and recovery of spilled, leaked, or discharged material and rainfall, such as by a manually activated pump. Automatically activated pumps that lack automatic overflow cutoff switches for the receiving container are prohibited; and

4. Have its surface sloped toward an area where liquids can be collected for removal, such as a liquid-tight sump or a depression, in the case of a single-pour concrete pad.

F. A new secondary containment unit for a stationary container of a dry pesticide must comply with the following specific design requirements:

1. The stationary containers of dry pesticides within the containment unit must be protected from wind and precipitation.

2. Stationary containers of dry pesticides must be placed on pallets or a raised concrete platform to prevent the accumulation of water in or under the pesticide.

3. The storage area for stationary containers of dry pesticides must include a floor that extends completely beneath the pallets or raised concrete platforms on which the stationary containers of dry pesticides must be stored.

4. The storage area for stationary containers of dry pesticides must be enclosed by a curb a minimum of six inches high that extends at least two feet beyond the perimeter of the container.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-210 Design and capacity requirements for existing structures

A. An existing containment structure must comply with the following material specifications:

1. The containment structure must be constructed of steel, reinforced concrete, or other rigid material capable of withstanding the full hydrostatic head, load, and impact of any pesticides, precipitation, other substances, equipment, and appurtenances placed within the structure. The structure must be liquid-tight with cracks, seams, and joints appropriately sealed.

2. The structure must not be constructed of natural earthen material, unfired clay, or asphalt.

3. The containment structure must be made of materials compatible with the pesticides stored. In this case, compatible means able to withstand anticipated exposure to stored or transferred substances and still provide containment of those same or other substances within the containment area.

B. An existing containment structure must comply with the following general design requirements:

1. The owner or operator must ensure that appurtenances and pesticide containers are protected against damage from operating personnel and moving equipment. Means of protection include, but are not limited to, supports to prevent sagging, flexible connections, the use of guard rails, barriers, and protective cages.

2. All appurtenances, discharge outlets, and gravity drains through the base or wall of the containment structure must be sealed, except for direct interconnections between adjacent containment structures that meet the requirements of Part V (2VAC5-690-160 et seq.) of this chapter.

3. The containment structure must be constructed with sufficient freeboard to contain precipitation and prevent water and other liquids from seeping into or flowing onto it from adjacent land or structures.

4. Multiple stationary pesticide containers may be protected within a single secondary containment unit.

C. An existing secondary containment unit for a stationary container of liquid pesticides and an existing containment pad in a pesticide dispensing area must comply with the following capacity requirements:

1. Existing secondary containment units for stationary containers of liquid pesticides must have a capacity of at least 100% of the volume of the largest stationary pesticide container plus the volume displaced by other containers and appurtenances within the unit.

2. Existing containment pads in pesticide dispensing areas that have a pesticide container or pesticide-holding equipment with a volume of 750 gallons or greater must have a holding capacity of at least 750 gallons.

3. Existing containment pads in pesticide dispensing areas that do not have a pesticide container or pesticide-holding equipment with a volume of at least 750 gallons must have a holding capacity of at least 100% of the volume of the largest pesticide container or pesticide-holding equipment used on the pad.

D. Each stationary container of liquid pesticides protected by an existing secondary containment unit must be anchored or elevated to prevent flotation in the event that the secondary containment unit fills with liquid.

E. Each existing containment pad in a pesticide dispensing area must:

1. Be designed and constructed to intercept leaks and spills of pesticides that may occur in the pesticide dispensing area.

2. Have enough surface area to extend completely beneath any container on it, with the exception of transport vehicles dispensing pesticide for sale or distribution to a stationary pesticide container. For such vehicles, the surface area of the containment pad must accommodate at least the portion of the vehicle where the delivery hose or device couples to the vehicle. This exception does not apply to transport vehicles that are used for prolonged storage or repeated onsite dispensing of pesticides.

3. Allow, in conjunction with its sump, for removal and recovery of spilled, leaked, or discharged material and rainfall, such as by a manually activated pump. Automatically activated pumps that lack automatic overflow cutoff switches for the receiving container are prohibited.

F. An existing secondary containment unit for a stationary container of a dry pesticide must comply with the following specific design requirements:

1. The stationary containers of dry pesticides within the containment unit must be protected from wind and precipitation.

2. Stationary containers of dry pesticides must be placed on pallets or a raised concrete platform to prevent the accumulation of water in or under the pesticide.

3. The storage area for stationary containers of dry pesticides must include a floor that extends completely beneath the pallets or raised concrete platforms on which the stationary containers of dry pesticides must be stored.

4. The storage area for stationary containers of dry pesticides must be enclosed by a curb a minimum of six inches high that extends at least two feet beyond the perimeter of the container.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-220 Operational, inspection, and maintenance requirements for all new and existing containment structures

A. The owner or operator of a new or existing pesticide containment structure must comply with the following operating procedures:

1. Manage the structure in a manner that prevents pesticides or materials containing pesticides from escaping from the containment structure (including, but not limited to, pesticide residues washed off the containment structure by rainfall or cleaning liquids used within the structure);

2. Ensure that pesticide spills and leaks on or in any containment structure are collected and recovered in a manner that ensures protection of human health and the environment (including surface water and groundwater) and maximum practicable recovery of the pesticide spilled or leaked. Cleanup must occur no later than the end of the day on which pesticides have been spilled or leaked except in circumstances where a reasonable delay would significantly reduce the likelihood or severity of adverse effects to human health or the environment;

3. Ensure that all materials resulting from spills and leaks and any materials containing pesticide residue are managed according to label instructions and applicable federal, state, and local laws and regulations;

4. Ensure that transfers of pesticides between containers or between containers and transport vehicles, are attended at all times; and

5. Ensure that each lockable valve on a stationary pesticide container, if it is required by 2VAC5-690-90 G, is closed and locked, or that the facility is locked, whenever the facility is unattended.

B. The owner or operator of a new or existing pesticide containment structure must comply with the following inspection and maintenance requirements:

1. Inspect each stationary pesticide container and its appurtenances and each containment structure at least monthly during periods when pesticides are being stored or dispensed on the containment structure. The inspection must include looking for visible signs of wetting, discoloration, blistering, bulging, corrosion, cracks or other signs of damage or leakage;

2. Initiate repair to any areas showing visible signs of damage and seal any cracks and gaps in the containment structure or appurtenances with material compatible with the pesticide being stored or dispensed no later than the end of the day on which damage is noticed and complete repairs within a time frame that is reasonable, taking into account factors such as the weather, and the availability of cleanup materials, trained staff, and equipment; and

3. Not store any additional pesticide on a containment structure if the structure fails to meet the requirements of Part V (2VAC5-690-160 et seq.) of this chapter until suitable repairs have been made.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-230 Combining a containment pad and a secondary containment unit

An owner or operator subject to the requirements of Part V (2VAC5-690-160 et seq.) of this chapter may combine containment pads and secondary containment units as an integrated system provided the requirements set out in Part V of this chapter for containment pads and secondary containment units in 2VAC5-690-200 A and B, 2VAC5-690-210 A and B, and 2VAC5-690-220, and, as applicable, 2VAC5-690-200 C through F and 2VAC5-690-210 C through F are satisfied separately.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

2VAC5-690-240 Recordkeeping

A. A facility owner or operator subject to the requirements of Part V (2VAC5-690-160 et seq.) of this chapter, must maintain the following records and must furnish these records for inspection and copying within 72 hours of request by an employee of VDACS:

B. Records of inspection and maintenance for each containment structure and for each stationary pesticide container and its appurtenances must be kept for three years and must include the following information:

1. Name of the person conducting the inspection or maintenance;

2. Date the inspection or maintenance was conducted;

3. Conditions noted; and

4. Specific maintenance performed.

C. Records for any nonstationary pesticide container designed to hold undivided quantities of agricultural pesticides equal to or greater than 500 gallons (1,890 liters) of liquid pesticide or equal to or greater than 4,000 pounds (1,818 kilograms) of dry pesticide that holds pesticide but is not protected by a secondary containment unit meeting these regulations must be kept for three years. Records on these nonstationary pesticide containers must include the time period that the container remains at the same location.

D. Records of the construction date of the containment structure must be kept for as long as the pesticide containment structure is in use, and for three years afterwards.

History

• Statutory Authority: § 3.2-3906 of the Code of Virginia; 40 CFR Part 165.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 2, 2014.

Agency 10 State Certified Seed Board

Chapter 10 Rules and Regulations Providing for the Certification of Seeds and Other Materials Used for Plant Propagation Purposes

Part I General Provisions

2VAC10-10-10 Certifying agency

The official Seed Certifying Agency in the Commonwealth of Virginia shall be the Virginia Crop Improvement Association, a nonprofit organization of seed growers duly chartered under the laws of Virginia.

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 1, eff. April 1980.

2VAC10-10-20 Duties of certifying agency

The certifying agency shall work in cooperation with seed growers, seedsmen, the Divisions of the Virginia Polytechnic Institute and State University, the Virginia Department of Agriculture and Consumer Services and the State Certified Seed Board and the Association of Official Seed Certifying Agencies in providing an adequate seed certification program for the Commonwealth of Virginia. Duties of the certifying agency shall include, but not be restricted to, the following:

1. Select qualified growers and producers of certified seed;

2. Maintain and supply foundation seed required in the certification program;

3. Supervise and administer the branding, labeling and tagging of all classes of certified seed;

4. Promote the production and use of certified seed;

5. Provide field inspection, sampling, tagging and other services and to make charges for such services to the extent necessary;

6. To enforce all standards of certification hereafter promulgated by the State Certified Seed Commission;

7. To provide for, require and maintain appropriate records of pedigrees, varieties and production of all crops under certification; and

8. To establish procedures, schedules, deadlines, quotas and guidelines necessary to the administration of an effective seed certification program.

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 2, eff. April 1980.

2VAC10-10-30 Classes, identification, and sources of certified seed

A. There shall be four classes of seed recognized in the certification program as follows:

1. Breeder seed. Breeder seed is a class of certified seed directly controlled by the originating or sponsoring plant breeding institution, or person, or designee thereof, and is the source for the production of seed of the other classes of certified seed.

2. Foundation seed. Foundation seed is a class of certified seed which is the progeny of breeder or foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this part, for producing the foundation class of seed, for the purpose of maintaining genetic purity and identity.

3. Registered seed. Registered seed is a class of certified seed which is the progeny of breeder or foundation seed and is produced and handled under procedures established by the certifying agency, in accordance with this part, for producing the registered class of seed, for the purpose of maintaining genetic purity and identity.

4. Certified seed. Certified seed is a class of certified seed which is the progeny of breeder, foundation, or registered seed and is produced and handled under procedures established by the certifying agency for producing the certified class of seed, for the purpose of maintaining genetic purity and identity.

B. Identification of the above classes shall be as follows:

Breeder Class - White Tag

Foundation Class - White Tag

Registered Class - Purple Tag

Certified Class - Blue Tag

Attaching of tags to base shall depend upon the crop and shall be in accordance with guidelines specified by the official certifying agency.

C. The source of seed planted for the production of any of the above classes of seed shall be documented to the certifying agency which shall establish appropriate criteria of acceptance from time to time considering variety, origin, diseases, limited generations and other factors that may be necessary to implement the standards of certification established by the State Certified Seed Board.

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 3, eff. April 1980.

2VAC10-10-40 Limitation of generations for certified seed

The number of generations through which a variety may be multiplied shall be limited to that specified by the originating breeder or owner and shall not exceed two generations beyond the foundation seed class with the following exceptions which may be made with the permission of the originating or sponsoring plant breeder, institution, or his designee:

1. Recertification of the certified class may be permitted when no foundation seed is being maintained.

2. The production of an additional generation of the certified class may be permitted on a one-year basis only, when an emergency is declared prior to the planting season by any official seed certifying agency stating that the foundation and registered seed supplies are not adequate to plant the needed certified acreage of the variety. The additional generation of certified seed to meet the emergency need is ineligible for recertification.

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 4, eff. April 1980.

2VAC10-10-50 Seed testing

Analyses and test of seed samples shall be conducted by the Division of Product and Industry Regulation of the Department of Agriculture and Consumer Services or by commercial seed laboratories approved by the State Certified Seed Board. Guidelines indicating size of sample, sampling procedures, schedules, reporting procedures and related factors shall be established and administered by the official certifying agency.

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 5, eff. April 1980.

2VAC10-10-60 Noxious or objectionable weeds

A. For the purpose of certification all weeds designated as noxious under the rules and regulations for the enforcement of Article 1, Chapter 16, Title 3.1 of the Code of Virginia shall be considered objectionable; however, allowances for seeds of those weeds designated as restricted may be established in the seed standards for specific crops.

B. Objectionable weeds shall include all species included under subsection A of this section and whatever nonnoxious weeds that may be designated as objectionable in the specific field and seed standards hereafter promulgated for specific crops.

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 6, eff. April 1980.

2VAC10-10-70 Field inspections

Field inspections shall be made by qualified inspectors in accordance with appropriate procedures and schedules specified by the official certifying agency.

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 7, eff. April 1980.

2VAC10-10-80 Responsibility for compliance

The certifying agency shall implement certification and insofar as practicable enforce certification standards; however, each grower, producer, or handler of any class of certified seed shall be responsible for compliance with all requirements of certification as well as all requirements of the Virginia Seed Law (§ 3.1-262 et seq. of the Code of Virginia) and the Federal Seed Act (7 USCS § 1551 et seq.). Sale of any class of certified seed intentionally in violation of any of the foregoing may serve as a basis for revoking the responsible party's right to grow, produce or sell classes of certified seed.

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 8, eff. April 1980.

Part II Certification Standards for Specific Crops

2VAC10-10-90 Applicability of certification standards

This chapter shall be applicable to the certification of all seed defined by § 3.1-263 of the Virginia Seed Law and to all tubers used for propagation. Specific certification standards for the crops subject shall be as follows; provided, however, that crops not provided for herein may be certified according to certification standards last established by the Association of Official Seed Certifying Agencies and such standards shall subsequently be adopted or amended by the State Certified Seed Board.

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-100 Corn certification standards; hybrids, foundation single crosses and inbred lines

A. General standards. The general standards as adopted in this chapter are basic and apply to corn.

1. Definition of terms:

a. Hybrid corn is seed to be planted for any use except seed production. It may be any one of the following:

(1) Single-cross. The term "single cross" means the first generation hybrid between two inbred lines.

(2) Double-cross. The term "double cross" means the first generation hybrid between two single crosses.

(3) Three-way cross. The term "three-way cross" means a first generation hybrid between a single cross and an inbred line.

b. Foundation single cross. The term "foundation single cross" means a single cross used in the production of a double cross, a three-way or a top cross. A foundation single cross to be eligible for certification shall be produced from approved inbred lines whose source assures their identity and is approved by the certifying agency.

c. Inbred line. The term "inbred line" means a relatively true-breeding strain resulting from at least five successive generations of controlled self-fertilization or of back-crossing to a recurrent parent with selection, or its equivalent, for specific characteristics. To be eligible for certification, inbreds shall be from a source such that its identity may be assured and approved by the certification agency.

2. Classes of seed recognized.

a. Only the class "certified" is recognized in hybrid corn. Hybrid corn shall be produced from seed that has been grown under conditions that insure its purity and trueness to type and shall be approved by the certifying agency. Proof of the restoring ability of the line shall be supplied by the originator.

b. A Foundation single cross shall consist of the first generation hybrid between two inbred lines to be used in the production of double, three-way or top crosses. A fertility restoring line may be substituted for its nonrestoring counterpart in a foundation single cross provided the fertility restoring line is the same in other observable characteristics as its nonrestoring counterpart.

B. Land requirements. There are no requirements as to previous crops.

C. Field standards.

1. Field inspection. One or more inspections shall be made by the certifying agency during the pollination period.

2. Isolation.

a. Foundation single crosses and inbred lines.

(1) An increase field of an inbred line, either male sterile or fertile, or a production field of a specific foundation single cross involving either male sterile or fertile lines shall be isolated by not less than 220 yards from any other kind of corn, except no isolation is required for the production of hand pollinated seed.

(2) Adequate natural barriers and differential maturity dates are permitted for modifying isolation distance for both inbreds and single crosses provided there are no silks in the seed field at the time pollen is being shed in the contaminating field.

(3) Single crossing plots shall be isolated by at least 440 yards from sweet corn, popcorn or open-pollinates of other colors.

b. Hybrid corn.

(1) A specific hybrid to be accepted for certification shall be so located that the seed parent is not less than 220 yards from other corn of a different color or texture. However, in the case of the same color and texture that distance may be 206 yards and further modified by the planting of pollen parent border rows, the number of which is to be determined by the acreage of the specific cross in accordance with the following table. Other exceptions are listed in subdivisions (2) and (3) below.

| When the number of acres in the crossing field is: | Then this minimum number of border rows of male parent is required: | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | 9 or less | 10-14 | 15-19 | 20‑24 | 25-29 | 30-34 | 35-39 | 40 or more | | | And the distance of the female or seed rows from other corn in yards is: | | | | | | | | | | 220 | 214 | 209 | 203 | 198 | 192 | 187 | 181 | 0 | | 206 | 200 | 195 | 189 | 184 | 178 | 173 | 167 | 1 | | 192 | 187 | 181 | 176 | 170 | 165 | 159 | 154 | 2 | | 178 | 173 | 167 | 162 | 156 | 151 | 146 | 140 | 3 | | 165 | 159 | 154 | 148 | 143 | 137 | 132 | 126 | 4 | | 151 | 145 | 140 | 134 | 129 | 124 | 114 | 110 | 5 | | 137 | 132 | 126 | 121 | 115 | 110 | 104 | 99 | 6 | | 124 | 118 | 112 | 107 | 101 | 96 | 90 | 85 | 7 | | 110 | 104 | 99 | 93 | 88 | 82 | 77 | 71 | 8 | | 96 | 90 | 85 | 79 | 74 | 69 | 63 | 57 | 9 | | 82 | 77 | 71 | 66 | 60 | 55 | 49 | 44 | 10 | | 69 | 63 | 57 | 52 | 46 | 41 | 35 | 30 | 11 | | 55 | 49 | 44 | 38 | 33 | 27 | 22 | 16 | 12 |

(2) Adequate natural barriers are permitted for modifying isolation distances.

(3) Differential maturity dates are permitted for modifying isolation distances, provided there are no receptive silks in the ear parent at the same time pollen is being shed in the contaminating field.

3. Specific standards.

a. Male sterile ear parent. A male sterile ear parent can be used to produce certified hybrid corn seed by either of two methods:

(1) Seed of the normal fertile ear parent shall be mixed with the seed of the male sterile ear parent of the same pedigree either by blending in the field at harvest or by size at processing time. The ratio of male sterile ear parent seed to normal ear parent seed shall not exceed 2:1.

(2) The pollen parent shall involve a certified pollen restoring line or lines so that not less than one-third of the plants grown from hybrid corn seed produce pollen which appears to be normal in quantity and viability.

b. Detasseling or pollen control. The following requirements apply only when 5.0% or more of the seed parent plants have receptive silks:

(1) A hybrid will be disqualified for certification if more than 1.0% of the seed parent stalks have shed pollen on any one inspection or if the total for three inspections on different dates exceeds 2.0%.

(2) Sucker tassels, portions of tassels or tassels on main plants will be counted when two inches or more of the central stem, the side branches, or a combination of the two have the anthers extended from the glumes and are shedding pollen.

c. Other varieties and off-type plants:

(1) Foundation single cross and inbred lines:

(a) A field which contains at any one inspection more than 0.1% of definitely off-type or more than 2.0% of doubtful type plants that have shed or are shedding pollen when 5.0% or more of the plants in the field have receptive silks, shall not be certified.

(b) Any plant shedding pollen in male sterile rows shall be completely destroyed at pollination time to eliminate the possibility of its seed production.

D. Seed standards.

1. Single crosses and inbred lines.

a. Single crosses and inbred lines shall be graded uniformly to insure uniform planting.

b. The tolerance for other varieties or off-types is 0.1% or a total of 25 off-colored or different textured kernels per 1,000 ears.

2. Hybrid seed corn:

| | Factor | Certified | | --- | --- | --- | | | Pure Seed (minimum) | 99.0% | | | Total Other Crop Seeds, Including Other Varieties (maximum) | 0.25% | | | Total Weed Seeds (maximum) | None | | | Total Inert Matter (maximum) | 1.0% | | | Germination (minimum) | 90.0% | | | Moisture (maximum) | 14.0% |

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-110 Cowpea certification standards

A. General standards. The general standards as adopted in this chapter are basic and apply to cowpeas.

B. Land requirements. The crop shall not be grown on land on which cowpeas, soybeans, field peas or beans were grown the previous year except when a crop of the same variety was grown from the same or a higher class of seed.

C. Field standards.

1. At least one field inspection shall be made after the plants are mature enough to determine the color of the pods and peas and condition of the seed. Plants of other varieties and off-type plants shall be removed from the field prior to the inspection.

2. All cowpea fields being grown for certification shall be separated from cowpea fields of any other variety by at least 10 feet. Cowpeas that are to be certified shall not be stored in the same building with other cowpeas unless bagged and each bag is identified.

3. Specific.

| Factor | Foundation | Maximum Permitted Registered | Certified | | --- | --- | --- | --- | | Other Varieties | 1:100,000 (.001%) | 1:10,000 (.01%) | 1:5,000 (.02%) | | Other Crops (inseparable) | None | 1:10,000 (.01%) | 1:5,000 (.02%) | | Objectionable Weeds | None | None | None |

D. Seed standards.

| | Standards for Each Class | | | | --- | --- | --- | --- | | Factor | Foundation | Registered | Certified | | Pure Seed (minimum) | 98.0% | 98.0% | 98.0% | | Inert Matter (maximum) | 2.0% | 2.0% | 2.0% | | *Other Crop Seed (maximum) | .01% | .10% | .25% | | Weed Seed (maximum) | None | .10% | .10% | | Objectionable Weeds | None | None | None | | Weevil-damaged Seed (maximum) | 2.0% | 2.0% | 2.0% | | **Germination (minimum) | N.S. | 80.0% | 80.0% | | *Includes off-type seed and seed of other distinguishable varieties. | | | | | **N. S. - No standard. | | | |

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-120 Grass seed certification (tall fescue and orchard grass)

A. General standards. The general standards as adopted in this chapter are basic and apply to grass seed certification.

B. Land requirements. A field to be eligible for the production of registered or certified seed shall not have grown or been seeded to the same species during the previous year except to foundation, registered, or certified seed of the same variety. For foundation seed production the land shall not have been planted to grass of the same kind within the previous five years.

C. Field standards.

1. Field inspection.

a. A field inspection shall be made each year that a certified crop is to be harvested.

b. A field inspection is to be made after heading but before harvesting.

c. A crop automatically becomes ineligible for certification if harvested before the field inspection is made.

2. Isolation.

a. A strip at least five feet in width and which is mowed, uncropped or planted to some crop other than the kind in question shall constitute a field boundary.

b. The following isolation requirements shall be met when any other strain or strains of the species is in bloom at the same time.

| Border to be Removed *-Feet ** | Minimum Isolation - Feet | | | | --- | --- | --- | --- | | Foundation | Registered | Certified | | | 0 | 900 | 300 | 165 | | 9 | 600 | 225 | 100 | | 15 | 450 | 150 | 75 | | *When a border is to be removed, such removal shall not occur until pollination of the crop to be certified is completed. | | | | | **When different classes of seed of the same variety are being grown on the same or adjacent fields, the isolation requirements may be reduced to 25% of that shown in the above table. | | | |

3. Specific.

| | Maximum Permitted Ratio of Plants | | | | --- | --- | --- | --- | | | Foundation | Registered | Certified | | Other Varieties | 1:1,000 | 1:100 | 1:50 |

4. Duration of eligibility. Stands of foundation or registered seed may be so classified for a period of five years. After a five-year period such stands may be eligible for the class certified, if conditions are found favorable when inspected.

D. Seed standards.

| | Foundation | Registered | Certified | | | --- | --- | --- | --- | --- | | Pure Seed (minimum) | | | | | | | Tall Fescue | 98.5% | 98.5% | 98.5% | | | Orchardgrass | 90.0% | 90.0% | 90.0% | | Inert Matter (maximum) | | | | | | | Tall Fescue | 1.5% | 1.5% | 1.5% | | | Orchardgrass | 10.0% | 10.0% | 10.0% | | Other Crops (maximum) | | | | | | | **Tall Fescue | 0.25% | 0.25% | 0.50% | | | **Orchardgrass | 1.00% | 1.00% | 2.00% | | Other Grasses (maximum) | 0.10% | 0.10% | 0.25% | | | Weed Seed (maximum) | 0.30% | 0.30% | 0.50% | | | ***Objectionable Weeds (maximum) | 1 per oz. | 1 per oz. | 1 per oz. | | | Germination | | | | | | | Tall Fescue | *N.S. | 80.0% | 80.0% | | | Orchardgrass | *N.S. | 85.0% | 85.0% | | *N.S. - No standard. | | | | | | **Not to exceed .25% of other grasses of which not more than 0.1% may be rye grass. No rye grass allowed in registered seed. | | | | | | ***Wild onion bulblets and wild garlic bulblets and wild mustard are permitted to the extent indicated. | | | | |

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-130 Peanut certification standards

A. General standards. The general standards as adopted in this chapter are basic and apply to peanuts.

B. Land requirements. Registered and certified peanuts shall be planted on land on which the previous crop was of another kind or planted with certified seed of the same variety. Foundation peanuts will not be eligible for certification if planted on land which grew peanuts either volunteer or a planted crop the previous two years unless the preceding crop was grown from certified or registered seed of the same variety. A field which includes an area where peanuts were threshed or where thresher refuse was spread during the preceding year shall not be eligible for certification.

C. Field standards.

1. Field inspection. At least one field inspection shall be made prior to harvest.

2. Isolation. Isolation shall consist of a physical barrier such as a ditch, roadway, fence row or a ten-foot strip devoid of peanuts or two rows of some other crop.

3. Specific.

| | Maximum Permitted in Each Class | | | | --- | --- | --- | --- | | Factor | Foundation | Registered | Certified | | Other Varieties | None | 1:500 (0.2%) | 1:200 (0.5%) | | Other Crops | None | None | None |

Inspection of the equipment used in drying certified peanuts to see that it is operated according to the following guidelines is required. The thermostat and humidistat used on drying certified peanut seed shall be set according to ambient air conditions. If a humidistat is not available or operative, the maximum temperature setting should be 80°F. Even though a humidistat is utilized, the temperature should never exceed 90°F during the drying process. Natural air should be used in the day unless the relative humidity exceeds 65%, in which case supplemental heat may be necessary. If supplemental heat is needed,never use over 10° to 15°F temperature rise. The airflow rate should be 10-15 cubic feet per minute per cubic foot of peanuts. The depth for peanuts in the dryer should be limited to about four feet for 30% moisture peanuts; for higher moisture content, the depth should be reduced.

D. Seed standards.

| | Foundation | Class Registered | Certified | | | --- | --- | --- | --- | --- | | Pure Seed (minimum) | 97.0% | 97.0% | 97.0% | | | Inert Matter (maximum) | 3.0% | 3.0% | 3.0% | | | Weed Seed (maximum) | None | None | None | | | Other Crop Seed | | | | | | | Other Kinds (maximum) | .01% | 01% | .02% | | | Other Varieties (maximum) | None | .2% | .5% | | Germination (minimum) | 85.0% | 75.0%* | 75.0%* | | | Bottom Screen Size (minimum) | 16/64 | 16/64 | 16/64 | | | *Registered and certified peanut seeds that germinate 85% or higher shall be labeled no less than 85%; and registered and certified seed that germinates 80-84% shall be labeled no less than 80%; and those seed that germinate 75-79% shall be labeled no less than 75%. | | | | |

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-140 Red clover certification standards

A. General standards. The general standards as adopted in this chapter are basic and apply to red clover.

B. Land requirements.

1. For foundation seed production, the land shall have been free of red clover for the previous five years.

2. Registered seed may be produced if no red clover of any other strain has been produced on the land within the preceding three years.

3. Certified seed may be produced if no red clover crop of any other strain has been produced on the land within the preceding two years and where one cultivated crop has grown, unless the preceding strain was the same variety.

4. The land shall be free of volunteer plants of the crop kind during the year immediately prior to establishment and no manure or other contaminating material shall be applied the year previous to seed or during the establishment and productive life of the stand.

C. Field standards.

1. Field inspection. At least one field inspection, made at blooming time, is required each year that certification is applied for.

2. Isolation. All fields used for the production of foundation, registered, or certified seed shall have the minimum isolation distance from fields of any other variety or fields of the same variety that do not meet the varietal purity requirements for certification, as given in the following table:

| | Classes | Fields of less than 5 acres | Fields of 5 acres or more | | --- | --- | --- | --- | | | Registered | 880 yards | 220 yards | | | Certified | 110 yards | 55 yards |

Unit of certification. The unit of certification shall be a field. Portions of a field not meeting requirements for certification shall not be allowed to reach the seed stage. Ten feet isolation is required between certified classes of the same variety.

3. Red clover. Only two seed crops are permitted of all certified seed.

4. Specific.

| | | Maximum Permitted-Ratio of Plants | | | --- | --- | --- | --- | | | Factor | Registered | Certified | | | Other Types | 1:500 (0.2%) | 1:200 (0.5%) |

D. Seed standards

| | | Standards for Each Class | | | --- | --- | --- | --- | | | Factor | Registered | Certified | | | Pure Seed (minimum) | 99.0% | 99.0% | | | Other Crops (maximum) | 0.05% | 0.1% | | | Inert Matter (maximum) | 1.0% | 1.0% | | | Weed Seed (maximum) | 0.15% | 0.25% | | | Objectionable Weed Seed | None | None | | | Total Germination and Hard Seeds | 85.0% | 85.0% |

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-150 Small grain certification standards

A. General standards. The general standards as adopted in this chapter are basic and apply to small grain.

B. Land requirements. A crop of small grain will not be eligible for certification if planted on land on which a small grain crop was grown the year previous except a crop of the same variety grown from certified seed.

In fields double-cropped, neither or the two crops grown in the previous calendar year shall have been the same kind as the crop being inspected, unless they were grown from a class of certified seed of the same variety.

C. Field standards.

1. Field inspection. At least one field inspection shall be made after the crop is fully headed when varietal or crop mixtures can best be determined.

2. Isolation.

a. Wheat, oats, barley, triticale. A field shall be separated by a strip of ground adequate to prevent mechanical mixtures. The strip may be either mowed, uncropped or planted to some crop than the kind being certified.

b. Rye. All rye fields used for the production of certified seed shall be isolated by at least 220 yards from the fields of any other variety or varieties of rye or fields of the same variety that do not meet the varietal purity requirements for certification. Isolation between diploid and tetraploid rye shall be at least 15 feet.

3. Specific.

| | Maximum Permitted in Each Class | | | | --- | --- | --- | --- | | Factor | Foundation | Registered | Certified | | Other Varieties | None | 1:5000 (0.02%) | 1:2000 (0.05%) | | *Inseparable Other Crops | None | None | 10 plants per acre | | Inseparable Objectional Weeds | None except trace of onion | None except trace of onion | None except trace of onion and trace cockle | | **Seed-borneDiseases | 1:20,000 (.005%) | 1:10,000 (0.01%) | 1:200 (0.5%) | | *Inseparable other crops shall include crop plants, the seed of which cannot be thoroughly removed by the usual methods of cleaning. No rye in other small grains permitted. | | | | | **No tolerance for stinking smut in wheat. | | | |

D. Seed standards

| | Standards for Each Class | | | | | --- | --- | --- | --- | --- | | Factor | Foundation | Registered | Certified | | | Pure Seed (minimum) | | | | | | | Wheat, Barley | 99.0% | 99.0% | 99.0% | | | *Oats, Rye | 98.0% | 98.0% | 98.0% | | Inert Matter (maximum) | | | | | | | Wheat, Barley, Triticale | 1.0% | 1.0% | 1.0% | | | *Oats, Rye | 2.0% | 2.0% | 2.0% | | Weed Seeds | .01% | .02% | .05% | | | **Objectionable Weed Seeds | 1/16 per oz. | 1/12 per oz. | 1/8 per oz. | | | ***Other Crops | None | None | .05% | | | | Other Varieties | None | .01% | .05% | | Germination | | | | | | | Barley, Oats | 90.0% | 90.0% | 90.0% | | | Wheat, Rye | 85.0% | 85.0% | 85.0% | | Nematodes | None | None | None | | | *The purity standard for oats may be 98%; provided not more than 1%; of the impurities consist of impurities other than empty glumes. | | | | | | **May include wild onion bulblets and wild mustard at the rate of not more than 1/16 per ounce for foundation; 1/12 per ounce for registered; 1/8 per ounce for certified. No corn cockle shall be included in this percentage. | | | | | | ***Registered small grain may contain .01% of the following other crop seed, red clover, lespedeza, orchardgrass, fescue, timothy and rye grass. | | | | |

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-160 Soybean certification standards

A. General standards. The general standards as adopted in this chapter are basic and together with the following standards constitute the standards for soybeans.

B. Land requirements. The crop shall not be grown on land on which soybeans were grown the previous year, unless that crop was grown from certified seed of the same variety.

C. Field standards.

1. Field inspection. At least one field inspection, preferably after the leaves have dropped, shall be made by an inspector of the certifying agency.

2. Isolation. Fields of soybeans shall be separated from any other variety or uncertified seed of the same variety by a distance of 20 feet or 10 border rows of the inspected crop shall not be harvested for seed.

3. Specific.

| | Field Inspection | | | | --- | --- | --- | --- | | Factor | Foundation | Registered | Certified | | Other Varieties | 1:10,000 (0.01%) | 1:1000 (0.1%) | 1:400 (0.25%) | | Corn and/or Sunflower Plants Bearing Seeds | None | None | 2 plants/acre | | Total Objectionable Weeds | Trace morning glory | Trace morning glory | Trace morning glory |

D. Seed standards

| | Standard for Each Class | | | | --- | --- | --- | --- | | Factor | Foundation | Registered | Certified | | Pure Seed (minimum) | 99.0% | 99.0% | 98.5% | | Inert Matter (maximum) | 1.0% | 1.0% | 1.5% | | *Weed Seeds (maximum) | .01% | .01% | .02% | | Objectionable Weed Seed (maximum) | None | None | None | | Other Crops | None | None | .01% | | **Other Varieties | .01% | .1% | .25% | | Germination (minimum) | 80.0% | 80.0% | 80.0% | | *Total weed seed shall not exceed 10 per pound. | | | | | **Off-colored beans due to environmental factor shall not be considered other varieties. Other varieties shall be considered to include off-type seeds that can be differentiated from the variety that is being analyzed. | | | |

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-170 Sweet potato certification standards

A. General standards. The general standards as adopted in this chapter are basic and applies to sweet potato.

Only the foundation and certified classes of seed will be recognized. Certified seed or plants shall not be more than two generations removed from foundation seed. (This applies only when foundation seed is available, otherwise certified seed may be produced from certified seed as many years as the required standards are met). Seed potatoes shall be treated prior to bedding. Production fields shall be planted from vine cuttings or with pulled sprouts that have been treated. All chemical treatments used shall be approved by the research division at Virginia Polytechnic Institute and State University or the Virginia Truck and Ornamental Research Station.

B. Land requirements. Fields to be eligible for certification shall not have been in the production of sweet potatoes or received sweet potato residue or animal manure or drainage water from sweet potato fields for the three previous years.

C. Field standards.

1. Plant bed and plant stands.

a. Plant bed inspections. At least one inspection shall be made. Beds which show the presence of black rot, stem rot, scurf, or varietal mixture will be rejected.

b. Plant beds shall be moved each year or old plant beds may be used if disinfected by use of chemicals, provided all the old bedding material, roots and plants are removed within 30 days of the final pulling. New bedding medium will be taken from an area which will meet the minimum standards set forth in subsection B.

c. Plant standards. If plants are to be sold:

(1) Plants shall be free of varietal mixtures, injurious insects and the diseases, black rot, scurf, and stem rot.

(2) Plants shall be fresh, of good color and satisfactory size for commercial planting (suggested length approximately 8 inches to 12 inches).

2. Post-plant bed standards.

a. Field inspection. At least one field inspection shall be made and the following requirements shall be met:

b. Isolation. All fields for certification shall be separated from other sweet potato fields by at least an eight-foot strip in which no sweet potatoes have been planted.

c. Specific.

| | | Maximum number of hills/A | | | --- | --- | --- | --- | | | Factor | Foundation | Certified | | | Other Varieties | None | None | | | Mutations | None | 5 | | | Stem rot (wild, blue stem) | None | 5 | | | Georgia Mosaic (Yellow dwarf) | None | None |

D. Seed storage standards; general requirements.

1. Different varieties and lots shall be labeled and shall be separated by an aisle of two or more or other means acceptable to the certifying agency. Seed potatoes shall be stored in new containers or in used containers that have been treated.

2. Storage inspection.

a. At least one inspection shall be made after January 1.

b. Seed for sale shall be graded to meet the following standards:

| | Factor | Size in inches | | --- | --- | --- | | | Diameter (maximum) | 2 1/4 | | | Diameter (minimum) | 1 | | | Length (maximum) | 9 | | | Length (minimum) | 3 |

The length is measured from the ends where the root is about 3/8 inches in diameter.

c. The following standards are applied to the graded roots which shall have good external and internal color:

| | | Maximum | | | --- | --- | --- | --- | | | Factor | Foundation | Certified | | | Black rot | None | None | | | Scurf | None | 1:1000 | | | Stem rot (wilt, blue stem) | None | None | | | Soil rot | 1:100 | 5:100 | | | Surface rot | 1:100 | 5:100 | | | Internal breakdown | 1:100 | 5:100 | | | Internal cork* (surface area index) | 1 | 1 | | | *A one-bushel representative sample shall be shipped to the Virginia Truck Experiment Station, Virginia Beach, Virginia, not later than December 1. Internal cork reading will be made prior to storage inspection. | | |

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-180 Tobacco certification standards

A. General standards. The general standards as adopted in this chapter are basic and apply to tobacco.

1. Eligibility.

a. Only those varieties approved by the certifying agency shall be eligible for certification.

b. Two classes of seed will be recognized. They are as follows:

(1) Foundation seed. Foundation seed shall be from selected plants protected from cross-pollination by bagging.

(2) Certified seed. Certified seed can be only one germination removed from foundation seed. The crop year for which the foundation seed are used shall be shown on the package. Example (for use by growers of Certified seed in 1976 only).

2. Handling of crop prior to inspection.

a. Plants of other varieties including off-type plants shall be topped.

b. Plants affected with mosaic disease shall be topped.

c. Plants affected with ring-spot disease and the adjacent plants shall be topped as soon as found.

B. Land requirements. A new plant bed shall be used each year unless the bed is sterilized with a soil sterilant prior to seeding.

C. Field standards.

1. Field inspection. The seed crop shall be inspected by a representative of the Virginia Crop Improvement Association during the blooming period.

2. Isolation.

a. Self-pollinated varieties. When two or more varieties of the same type are grown side by side in the same field, four border rows of each variety, between the two varieties, shall be allowed to bloom and set seed, but shall not be harvested for seed. Otherwise, there shall be 150 feet between varieties of the same type. Isolation between varieties of different types shall be at least 1,320 feet except when protected from cross-pollination by bagging or when all plants in the neighboring field are topped before blooming.

b. Hybrids. When producing hybrid tobacco seed of the same type when male fertile and male sterile varieties are grown side by side in the same field, four border rows of the male sterile varieties adjacent to the male fertile varieties shall be allowed to bloom and set seed but shall not be harvested for seed except when the male fertile plants are to be used as the pollen parent on the adjacent male sterile plants. Otherwise, male sterile plants shall be at least 150 feet from male fertile plants. Isolation between male seterile plants and male fertile plants of different types shall be at least 1,320 feet, except when protected from cross-pollination by bagging or when all plants in the neighboring fields are topped before blooming.

3. Specific. No seed bearing plants of off-types or other varieties or plants affected with mosaic or ring-spot disease are permitted.

D. Seed standards.

| | Standards for Each Class | | | --- | --- | --- | | Factor | Foundation | Certified | | Pure Seed | 98.0% | 99.0% | | Inert Matter | 2.0% | 1.0% | | Objectional or Noxious Weeds | None | None | | Weed Seed or Other Crop | .01% | .01% | | Germination | N.S.* | 80.0% | | *N.S. - No Standard. | | |

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-190 Turfgrass sod certification standards

A. General standards.

1. The general standards as adopted in this chapter are basic and apply to turfgrass sod.

2. Only fields planted with foundation, registered or certified seed that meet sod seed requirements will be eligible for certification.

3. Only those varieties, kinds or mixtures of kinds of varieties recommended by the Virginia Tech Extension Division will be eligible for certification.

B. Land requirements.

1. All fields for the production of certified sod shall be inspected prior to planting unless they have been producing certified sod.

2. Have field boundaries designated at the time of inspection.

3. Fields will need to be free of prohibited noxious weeds as defined by the state sod law.

4. File with the Virginia Crop Improvement Association the number of acres and kinds of mixtures for all fields intended for certification the year the field is established.

5. An aerial photo of the farm or other suitable farm plans shall be filed with the Virginia Crop Improvement Association.

C. Field standards.

1. Field inspection. At least one annual field inspection shall be made prior to lifting and subsequent inspections may be made as needed at the discretion of the inspector. Fields will have to be in a certifiable condition at the time of lifting.

2. Management. A field for the production of certified sod shall show evidence of good management including weed control, fertilization and proper clipping. Virginia Tech publication MA-130 will be used as a guide for the management program.

3. Isolation. A certified turf field shall be separated from other sod by a strip at least 10 feet wide and maintained free of objectionable weeds. The field shall have good general appearance, and poor appearance will be sufficient reason for rejecting the field for certification. Certification can be revoked where certified standards are not maintained.

D. Specific requirements.

1. Standards for other varieties or off-type plants of the same species; other turfgrass species, other crops, and weeds recognizable are as indicated in the following table.

| Turfgrasses Eligible for Certification | | | | | --- | --- | --- | --- | | | Ky. Bluegrass and/ or Creeping Red Fescue Mixture | Tall Fescue and Bluegrass | | | | Plants per 1,000 square feet | | | | Ryegrass | 0 | 0 | | | Bentgrass | 0 | 0 | | | Bermudagrass | .5 | -- | | | Tall fescue | .5 | -- | | | Total perennial grasses (Such as orchardgrass and timothy) | .5 | 20 | | | Weeds | | | | | | Unacceptable (a) | 0 | 0 | | | Objectionable (b) | 10 | 10 | | (a) Quackgrass, poison ivy or oak and Johnsongrass. | | | | | (b) Hard to control weeds should not exceed 10/1,000 sq. ft. Broad leaved weeds that are rather easily controlled should be no more than 3/1,000 sq. ft. | | | |

2. Labeling requirements. All certified sod shall have an official certification label accompanying each load and the label shall be attached to a dated invoice or labeling information.

3. Records. Records shall be kept on the number and date of issuance of certification labels.

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 9, eff. April 1980.

2VAC10-10-200 Vegetatively-propagated grasses; certification standards

A. General standards. The general standards as adopted in this chapter are basic and apply to vegetatively-propagated grasses.

Only those fields planted with registered or foundation vegetative material will be eligible for certification, except with certain varieties a single certification seed generation may be permitted. For this certifiable generation the grass seed certification standards will apply, but certified seed will not be eligible for reestablishing fields for certification and evidence of volunteering in a certified seed field will be cause for rejection. The standards for vegetatively - propagated grasses are applicable to all foundation and registered generations and seed production by such generations shall be prevented by timely moving. If the crop is allowed to make seed, one seed crop of certified seed may be permitted. Further seeding for certification will not be allowed and such vegetative material will be classified as certified.

B. Land requirements.

1. A field to be eligible for the production of foundation or registered planting stock shall have been free of other strains of the same species for two consecutive years preceding the year that it is to be planted.

2. A field to be eligible for the production of certified planting stock shall have been free of other strains of the same species or other objectionable species for one year preceding the year it is to be planted.

C. Field standards.

1. Field inspection. An inspection shall be made during the growing season at a time when there is sufficient growth to make identification of other strains possible.

2. Isolation. A field to be eligible for the production of foundation, registered, or certified planting stock shall be isolated from any other strain of the same species by a strip at least six feet wide to preclude any possibility of mixing planting material during the digging operations.

3. Specific.

| | | Maximum Permitted in 1,000 sq. ft. | | | | --- | --- | --- | --- | --- | | | | Foundation | Registered | Certified | | | Other Varieties | None | 1 | 3 |

D. Planting stock standards

| Pure living springs (minimum by count) | 90.0% | | --- | --- | | Other living plants (maximum by count) | 2.0% | | *Total objectionable weeds (maximum) | None | | *Any plant objectionable to a Zoysia lawn. | |

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 9, eff. April 1980.

Part III Requirements for Bulk Certification

2VAC10-10-210 Requirements for bulk certification in Virginia

A. All field and seed standards applying to bagged seed shall also apply to seed sold in bulk.

B. Only small grains, corn and soybeans can be sold in bulk.

C. No foundation or registered seed shall be sold in bulk.

D. There will be only two transfers of bulk seed:

1. From the grower to the processor

2. From the processor to the field

E. There will be no interstate movement of bulk seed unless approved by the association and the cooperating state.

F. Retail seed outlets handling bulk seed shall be approved by the certification agency on a yearly basis. Inspections will be made of handling, storage and processing facilities.

G. All bins shall be clearly marked to show crop and variety and separate bins shall be available for each variety.

H. A bulk sale certificate shall be issued for each bulk sale and the white copy of this form sent to the certification agency within 10 days after the sale.

I. The following records shall be maintained and be available for inspection upon request by the certification agency:

1. Amount of certified seed grown and processed for bulk sale.

2. Amount of certified seed sold by variety and lot number.

3. Current inventory of seed available for sale of each variety.

J. No certification tags are to be issued when certified seed is sold in bulk.

K. Bulk sale certificate forms are available at the association office.

History

• Statutory Authority: §§ 3.2-4024 of the Code of Virginia.
• Historical Notes: Derived from VR172-01-01 § 9, eff. April 1980.

Agency 15 State Milk Commission

Chapter 12 Public Participation Guidelines

Part I Purpose and Definitions

2VAC15-12-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the State Milk Commission. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-3204 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

2VAC15-12-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the State Milk Commission, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-3204 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Part II Notification of Interested Persons

2VAC15-12-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-3204 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

2VAC15-12-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 2VAC15-12-30, the agency shall send the following information:

1. A notice of intended regulatory action (NOIRA).

2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.

3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-3204 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Part III Public Participation Procedures

2VAC15-12-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

2. For a minimum of 60 calendar days following the publication of a proposed regulation.

3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-3204 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

2VAC15-12-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

1. The petitioner's name and contact information;

2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-3204 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

2VAC15-12-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-3204 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

2VAC15-12-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

1. There is no longer controversy associated with the development of the regulation;

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or

3. The agency determines that resolution of a controversy is unlikely.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-3204 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

2VAC15-12-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-3204 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

2VAC15-12-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

1. The agency's basic law requires the agency to hold a public hearing;

2. The Governor directs the agency to hold a public hearing; or

3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-3204 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

2VAC15-12-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and

2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

• Statutory Authority: §§ 2.2-4007.02 and 3.2-3204 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.