Administrative Code

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Virginia Administrative Code
Title 2. Agriculture
Agency 5. Department of Agriculture and Consumer Services
Chapter 585. Retail Food Establishment Regulations

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

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 26, Issue 07, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.

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