Article 5. Maintenance and Operation
12VAC5-421-3170. Repairing.
Article 5
Maintenance and Operation
The physical facilities shall be maintained in good repair.
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.
12VAC5-421-3180. 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.
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.
12VAC5-421-3190. 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.
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.
12VAC5-421-3200. 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 shall not create a public health hazard or nuisance or unlawful discharge.
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.
12VAC5-421-3210. Cleaning maintenance tools, preventing contamination.
Food preparation sinks, handwashing lavatories, and warewashing equipment shall 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
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.
12VAC5-421-3220. Drying mops.
After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies.
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.
12VAC5-421-3230. Absorbent materials on floors, use limitation.
Except as specified in 12VAC5-421-3190 B, sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials shall not be used on floors.
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.
12VAC5-421-3240. Cleaning of plumbing fixtures.
Plumbing fixtures such as handwashing sinks, toilets, and urinals shall be cleaned as often as necessary to keep them clean and maintained and used as specified under 12VAC5-421-2310.
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.
12VAC5-421-3250. Closing toilet room doors.
Toilet room doors as specified under 12VAC5-421-2920 shall be kept closed except during cleaning and maintenance operations unless otherwise required by other regulations or law.
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.
12VAC5-421-3260. 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.
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.
12VAC5-421-3270. Controlling pests.
The presence of insects, rodents, and other pests shall be controlled to minimize 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 12VAC5-421-3360, 12VAC5-421-3440, and 12VAC5-421-3450;Pf and
4. Eliminating harborage conditions.
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.
12VAC5-421-3280. 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.
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.
12VAC5-421-3290. 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.
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.
12VAC5-421-3300. 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.
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.
12VAC5-421-3310. Prohibiting animals.
A. Except as specified in subsections B and C of this section, live animals shall 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, residential care facilities, and bed and breakfast operations 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 restricted, 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, 6 f, and 6 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 service of food to persons 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; and
h. Establishment provides effective means for cleaning up dog vomitus and fecal matter.
C. 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.
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 35, Issue 1, eff. October 3, 2018; Volume 37, Issue 18, eff. June 10, 2021.