Part VII. Poisonous or Toxic Materials
Article 1
Labeling and Identification
12VAC5-421-3320. Original containers - identifying information, prominence.
Article 1
Labeling and Identification
Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label.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.
12VAC5-421-3330. 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
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.
Article 2
Operational Supplies and Applications
12VAC5-421-3340. Storage, separation.
Article 2
Operational Supplies and Applications
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
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.
12VAC5-421-3350. 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.
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.
12VAC5-421-3360. Conditions of use.
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, and for a restricted-use pesticide this is achieved by:P
(1) Removing the items;P
(2) Covering the items with impermeable covers;P or
(3) Taking other appropriate preventive actions;P and
(4) Cleaning and sanitizing equipment and utensils after the application.P
A restricted use pesticide shall be applied only by an applicator certified as defined in 7 USC § 136(e) (Federal Insecticide, Fungicide and Rodenticide Act), or a person under the direct supervision of a certified applicator.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.
12VAC5-421-3370. Poisonous or toxic material containers.
A container previously used to store poisonous or toxic materials shall not be used to store, transport, or dispense food.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.
12VAC5-421-3380. 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
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.
12VAC5-421-3390. Chemicals for washing, treatment, storage, 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:
1. Be an approved food additive listed for this intended use in 21 CFR Part 173;P or
2. Be generally recognized as safe (GRAS) 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 and
4. Meet the requirements in 40 CFR Part 156.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.
12VAC5-421-3400. Boiler water additives, criteria.
Chemicals used as boiler water additives shall meet the requirements specified in 21 CFR 173.310.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.
12VAC5-421-3410. 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 (GRAS) for use in food as specified in 21 CFR Part 182 or 21 CFR Part 184,P
b. GRAS for the intended use as specified in 21 CFR Part 186,P
c. GRAS 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 the Federal Food Drug and Cosmetic Act (FFDCA) § 409(h),P
e. Approved for use as a drying agent under a prior sanction specified in 21 CFR Part 181 as specified in the Federal Food Drug and Cosmetic Act (FFDCA) § 201(s)(4),P
f. Specifically regulated as an indirect food additive for use as a drying agent as specified in 21 CFR Parts 174 through 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 g of this section or the regulation as an indirect food additive required under subdivision 1 f of this section, shall be specifically for use with chemical sanitizing solutions.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.
12VAC5-421-3420. 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
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.
12VAC5-421-3430. Restricted use pesticides, criteria.
Restricted use pesticides specified under subdivision 3 of 12VAC5-421-3360 shall meet the requirements specified in 40 CFR Part 152, Subpart I.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.
12VAC5-421-3440. Rodent bait stations.
Rodent bait shall be contained in a covered, tamper-resistant bait station.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.
12VAC5-421-3450. Tracking powders, pest control, and monitoring.
A. Except as specified in subsection B of this section, a tracking powder pesticide shall not be used in a food establishment.P
B. If used, a nontoxic tracking powder such as talcum or flour shall not contaminate food, equipment, utensils, linens, and single-service and single-use articles.
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.
12VAC5-421-3460. 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 12VAC5-421-3320 and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles.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.
12VAC5-421-3470. 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
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.
12VAC5-421-3480. First aid supplies, storage.
First aid supplies that are in a food establishment for the employees' use shall be:
1. Labeled as specified under 12VAC5-421-3320;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
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.
12VAC5-421-3490. Other personal care items, storage.
Except as specified under 12VAC5-421-3470 and 12VAC5-421-3480, employees shall store their personal care items in facilities as specified under 12VAC5-421-3100 B.
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.
Article 3
Stock and Retail Sale
12VAC5-421-3500. Storage and display, separation.
Article 3
Stock and Retail Sale
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
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.