Administrative Code

Virginia Administrative Code
6/19/2024

Article 1. Water

12VAC5-421-2050. Approved system.

Article 1
Water

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

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.

12VAC5-421-2060. 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

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.

12VAC5-421-2070. 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

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.

12VAC5-421-2080. Pure water standards.

Except as specified under 12VAC5-421-2090:

1. Water from a waterworks shall meet water quality and quantity standards in accordance with 12VAC5-590;P and

2. Water from a private well shall meet the water quality standards in accordance with 12VAC5-630-370 and not exceed 10 mg/L of nitrate (as N).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.

12VAC5-421-2090. Nonpotable water.

A. A nonpotable water supply shall be used only if its use is approved by the department.P

B. Nonpotable water shall be used only for nonculinary purposes such as air conditioning, nonfood equipment cooling, and fire protection.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.

12VAC5-421-2100. Sampling.

Water from a private well shall be sampled and tested at least annually for nitrate and total coliform. Pf

1. If nitrate, which is reported as "N" on the test results, exceeds 10 mg/L (ppm), the owner shall notify the department within 24 hours from when the owner is notified of the nitrate positive test result.Pf

2. If a sample is total coliform positive, the positive culture medium shall be further analyzed to determine if E. coli is present. The owner shall notify the department within two calendar days from when the owner is notified of the coliform positive test result.Pf

3. If E. coli is present, the owner shall notify the department within 24 hours from when the owner is notified of the E. coli positive test result.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; Volume 37, Issue 18, eff. June 10, 2021.

12VAC5-421-2110. 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.

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.

12VAC5-421-2120. Capacity.

A. The approved water system capacity shall be of sufficient capacity to meet the maximum daily water demands and the peak hourly water demands of the food establishment.Pf

B. Hot water generation and distribution systems shall meet the peak hot water demands throughout the food establishment.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.

12VAC5-421-2130. 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 12VAC5-421-2160 to a temporary food establishment or in response to a temporary interruption of a water supply need not be under pressure.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.

12VAC5-421-2140. Water 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

12VAC5-421-2150. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; repealed, Virginia Register Volume 32, Issue 22, eff. July 12, 2016.

12VAC5-421-2160. Alternative water supply.

Water meeting the requirements specified under 12VAC5-421-2050 through 12VAC5-421-2130 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 system in a manner approved by the department.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.

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