Article 2. Sources, Specifications, and Original Containers and Records
12VAC5-421-270. Compliance with food law.
A. Food shall be obtained from sources that comply with law.P
B. Food prepared in a private home shall not be used or offered for human consumption in a food establishment unless the home kitchen is inspected and regulated by the Virginia Department of Agriculture and Consumer Services.P
C. Packaged food shall be labeled as specified in law, including 21 CFR Part 101, 9 CFR Part 317, and Subpart N of 9 CFR Part 381, and as specified under 12VAC5-421-400 and 12VAC5-421-410.Pf
D. Fish, other than those specified in 12VAC5-421-730 B, that are intended for consumption in raw or undercooked form and allowed as specified in 12VAC5-421-700 D, may be offered for sale or service if they are obtained from a supplier that freezes fish as specified under 12VAC5-421-730 A; or if they are frozen on premises as specified under 12VAC5-421-730 A and records are retained as specified under 12VAC5-421-740.
E. Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in 12VAC5-421-700 C shall be:
1. Obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that they meet the definition of whole-muscle, intact beef;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 labeled by a food processing plant as specified in subdivision 1 of this subsection or identified as specified in subdivision 2 of this subsection;P
b. Prepared so they remain intact;Pf and
c. If packaged for undercooking in a food establishment, labeled as specified in subdivision 1 of this subsection or identified as specified in subdivision 2 of this subsection.Pf
F. Meat and poultry that is not a ready-to-eat food and is 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).
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 2, eff. October 16, 2007; Volume 32, Issue 22, eff. July 12, 2016V; Volume 37, Issue 18, eff. June 10, 2021.
12VAC5-421-280. 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
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.
12VAC5-421-290. 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
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.
12VAC5-421-295. Juice treated.
Prepackaged juice shall:
1. Be obtained from a processor with a HACCP system as specified in 21 CFR Part 120;Pf and
2. Be obtained pasteurized or otherwise treated to attain a five-log reduction of the most resistant microorganism of public health significance as specified in 21 CFR 120.24.P
Statutory Authority
§§ 35.1-11 and 35.1-14 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 18, eff. June 10, 2021.
12VAC5-421-300. Fish.
A. Fish that are received for sale or service shall be:
1. Commercially and legally caught or harvested;P or
2. Approved for sale or service .P
B. Molluscan shellfish that are recreationally caught shall not be received for sale or service.P
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 2, eff. October 16, 2007; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 18, eff. June 10, 2021.
12VAC5-421-310. Molluscan shellfish.
A. Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, 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
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 18, eff. June 10, 2021.
12VAC5-421-320. 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.
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.
12VAC5-421-330. 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 (reindeer, elk, deer, antelope, water buffalo, or bison) that are "inspected and approved" in accordance with 9 CFR Part 352;
2. As allowed by law, 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; or
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;P and
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 shall 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.
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 2, eff. October 16, 2007; Volume 32, Issue 22, eff. July 12, 2016; Volume 36, Issue 1, eff. October 17, 2019.
12VAC5-421-340. 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 12VAC5-421-700, 12VAC5-421-710, and 12VAC5-421-720 and received hot shall be at a temperature of 135° (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
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 2, eff. October 16, 2007; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 18, eff. June 10, 2021.
12VAC5-421-350. Additives.
Food shall 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 (GRAS) or prior sanctioned substances that exceed amounts allowed in 21 CFR Parts 181-186; substances that exceed amounts specified in 9 CFR 424.21(b), Subpart C; or pesticide residues that exceed provisions specified in 40 CFR Part 180 and exceptions.P
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 2, eff. October 16, 2007; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 18, eff. June 10, 2021.
12VAC5-421-360. 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 56.200 et seq., administered by the Agricultural Marketing Service of USDA. 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 United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56, effective July 20, 2000, (Agricultural Marketing Service of USDA).P
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 2, eff. October 16, 2007; Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.
12VAC5-421-370. 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.
C. Frozen milk products, such as ice cream, shall be obtained pasteurized in accordance with 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.P
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.
12VAC5-421-380. 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
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.
12VAC5-421-390. Ice.
Ice for use as a food or a cooling medium shall be made from pure water.P
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.
12VAC5-421-400. Shucked shellfish, packaging, and identification.
A. Raw shucked shellfish shall be obtained in nonreturnable packages that bear a legible label that identifies :Pf
1. The name, address, and certification number of the shucker-packer, or repacker of the molluscan shellfish;Pf and
2. The "sell by" or "best if used by" date for packages with a capacity of less than 64 fluid ounces (1.89L) or the date shucked for packages with a capacity of 64 fluid ounces (1.89L) or more.Pf
B. A package of raw shucked shellfish that does not bear a label or that bears a label which 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), Subpart D.
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 18, eff. June 10, 2021.
12VAC5-421-410. Shellstock identification.
A. Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by a dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish, 2017 Revision (U.S. Food and Drug Administration), and that include the following information: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, as applicable, 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. All shellstock intended for raw consumption shall include a consumer advisory using the statement from 12VAC5-421-930 C, or an equivalent statement.
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), Subpart D.
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 18, eff. June 10, 2021.
12VAC5-421-420. Shellstock; condition.
When received by a food establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded.
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002.
12VAC5-421-430. Molluscan shellfish; original container.
A. Except as specified in subsections B, C, and D of this section, molluscan shellfish shall not be removed from the container in which they were received other than immediately before sale or preparation for service.
B. For display purposes, shellstock 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 on display is identified as specified under 12VAC5-421-410 and recorded as specified under 12VAC5-421-440; and
2. The shellstock are protected from contamination.
C. 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 12VAC5-421-400 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.
D. 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 12VAC5-421-400 and 12VAC5-421-900 A and B 1 through 5;
2. The labeling information as specified under 12VAC5-421-400 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 D 2 of this section are maintained for 90 days; and
4. The shellfish are protected from contamination.
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 2, eff. October 16, 2007; Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016.
12VAC5-421-440. Shellstock; maintaining identification.
A. Except as specified under subdivision C 2 of this section, shellstock 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 shellstock from the container is sold or served shall be recorded on the tag or label.Pf
C. The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for 90 calendar days from the date that is recorded on the tag or label as specified in subsection B of this section, by:Pf
1. Using an approved recordkeeping system that keeps the tags or labels in chronological order correlated to the date that is recorded on the tag or label, as specified under subsection B of this section;Pf and
2. If shellstock are removed from its tagged or labeled container:
a. Preserving source identification by using a recordkeeping system as specified under subdivision C 1 of this section,Pf and
b. Ensuring that shellstock or shucked shellfish from one tagged or labeled container are not commingled with shellstock or shucked shellfish 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
Statutory Authority
§§ 35.1-11 and 35.1-14 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 2, eff. October 16, 2007; Volume 26, Issue 7, eff. January 1, 2010; Volume 32, Issue 22, eff. July 12, 2016; Volume 37, Issue 18, eff. June 10, 2021.