Article 2. Plan Submission and Approval
12VAC5-421-3600. Facility and operating plans.
A permit applicant or permit holder shall submit to the department properly prepared plans and specifications for review and approval before:
1. The construction of a food establishment;Pf
2. The conversion of an existing structure for use as a food establishment;Pf or
3. The remodeling of a food establishment or a change of type of food establishment or food operation as specified under subdivision 3 of 12VAC5-421-3700 if the department determines that plans and specifications are necessary to ensure compliance with this chapter.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.
12VAC5-421-3610. Contents of the plans and specifications.
The plans and specifications for a food establishment, including a food establishment specified under 12VAC5-421-3620, shall include, as required by the department based on the type of operation, type of food preparation, and foods prepared, the following information to demonstrate conformance with the provisions of this chapter:
1. Intended menu;
2. Anticipated volume of food to be stored, prepared, and sold or served;
3. Proposed layout, mechanical schematics, construction materials, and finish schedules;
4. Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications;
5. Evidence that standard procedures ensuring compliance with the requirements of this chapter are developed or are being developed; and
6. Other information that may be required by the department for the proper review of the proposed construction, conversion or modification, and procedures for operating a food establishment.
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 37, Issue 18, eff. June 10, 2021; Volume 37, Issue 18, eff. June 10, 2021.
12VAC5-421-3620. When a HACCP plan is required.
A. Before engaging in an activity that requires a HACCP plan, a permit applicant or permit holder shall submit to the department for approval a properly prepared HACCP plan as specified under 12VAC5-421-3630 and the relevant provisions of this chapter if:
1. Submission of a HACCP plan is required according to law;
2. A variance is required as specified under 12VAC5-421-700 D 4,12VAC5-421-860, or 12VAC5-421-1300 B; or
3. The department determines that a food preparation or processing method requires a variance based on a plan submittal specified under 12VAC5-421-3610, an inspectional finding, or a variance request.
B. Before engaging in reduced oxygen packaging without a variance as specified under 12VAC5-421-870, a permit applicant or permit holder shall submit a properly prepared HACCP plan to the department.
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.
12VAC5-421-3630. Contents of a HACCP plan.
For a food establishment that is required under 12VAC5-421-3620 to have a HACCP plan, the permit applicant or permit holder shall submit to the department a properly prepared HACCP plan that includes:
1. General information such as the name of the permit applicant or permit holder, the food establishment address, and contact information;
2. A categorization of the types of time/temperature control for safety food that is to be controlled under the HACCP plan;Pf
3. A flow diagram or chart for each specific food or category type that identifies:
a. Each step in the process,Pf
b. The hazards and controls for each step in the flow diagram or chart,Pf
c. The steps that are critical control points,Pf
d. The ingredients, materials, and equipment used in the preparation of that food,Pf and
e. Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved.Pf
4. A critical control points summary for each specific food or category type that clearly identifies:
a. Each critical control point;Pf
b. The critical limits for each critical control point;Pf
c. The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge;Pf
d. The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points;Pf
e. Action to be taken by the person in charge if the critical limits for each critical control point are not met;Pf and
f. Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed;Pf
5. Supporting documents such as:
a. Food employee and supervisory training plan addressing food safety issues;Pf
b. Copies of blank records forms that are necessary to implement the HACCP plan;Pf
c. Additional scientific data or other information, as required by the department supporting the determination that food safety is not compromised by the proposal;Pf and
6. Any other information required by the department.
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.
12VAC5-421-3640. Confidentiality -- trade secrets.
The department shall treat as confidential in accordance with law, information that meets the criteria specified in law for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified under 12VAC5-421-3610 and 12VAC5-421-3630.
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 37, Issue 18, eff. June 10, 2021.
12VAC5-421-3650. Preoperational inspections.
The department shall conduct one or more preoperational inspections to verify that the food establishment is constructed and equipped in accordance with the approved plans and approved modifications of those plans, has established standard operating procedures as specified under subdivision 5 of 12VAC5-421-3610 and is in compliance with law and this chapter.
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 37, Issue 18, eff. June 10, 2021.