Administrative Code

Virginia Administrative Code
5/23/2024

Article 1. Applicability of Chapter

2VAC5-585-3510. Public health protection.

A. The department shall apply this chapter to promote its underlying purpose, as specified in 2VAC5-585-20, of safeguarding public health and ensuring that food is safe, unadulterated, and honestly presented when offered to the consumer.

B. In enforcing the provisions of this chapter, the department shall assess existing facilities or equipment that were in use before the effective date of this chapter based on the following considerations:

1. Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition;

2. Whether food-contact surfaces comply with 2VAC5-585-960 through 2VAC5-585-1060;

3. Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with 2VAC5-585-1450; and

4. The existence of a documented agreement with the establishment operator that the facilities or equipment will be replaced as specified in subdivision 6 of 2VAC5-585-3750.

Statutory Authority

§ 3.2-5121 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 19, eff. June 24, 2021.

2VAC5-585-3520. Preventing health hazards, provision for conditions not addressed.

A. If necessary to protect against public health hazards or nuisances, the department may impose specific requirements in addition to the requirements contained in this chapter that are authorized by law.

B. The department shall document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to the establishment operator or person in charge and a copy shall be maintained in the department's file for the food establishment.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-3530. (Reserved).

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3540. Variances, modifications and waivers.

The department may grant a variance by modifying or waiving the requirements of this chapter if, in the opinion of the department, a health hazard or nuisance will not result from the variance. If a variance is granted, the department shall retain the information specified under 2VAC5-585-3541 in its records for the food establishment.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.

2VAC5-585-3541. Documentation of proposed variance and justification.

Before a variance from a requirement of this chapter is approved, the information that shall be provided by the person requesting the variance and retained by the food establishment and in the department's file on the food establishment includes:

1. A statement of the proposed variance of the chapter requirement citing relevant chapter section numbers;Pf

2. An analysis of the rationale for how the potential public health hazards and nuisances addressed by the relevant chapter sections will be alternatively addressed by the proposal;Pf and

3. A HACCP plan if required as specified under 2VAC5-585-3620 A that includes the information specified under 2VAC5-585-3630 as it is relevant to the variance requested.Pf

Statutory Authority

§ 3.2-5121 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 19, eff. June 24, 2021.

2VAC5-585-3542. Conformance with approved procedures.

If the department grants a variance as specified in 2VAC5-585-3540, or a HACCP plan is otherwise required as specified under 2VAC5-585-3620, the operator shall:

1. Maintain the approved variance at the food establishment;Pf

2. Comply with the HACCP plans and procedures that are submitted as specified under 2VAC5-585-3630 and approved as a basis for the modification or waiver;P and

3. Maintain and provide to the department, upon request, records specified under subdivisions 5 and 6 c of 2VAC5-585-3630 that demonstrate that the following are routinely employed:

a. Procedures for monitoring critical control points;Pf

b. Monitoring of the critical control points;Pf

c. Verification of the effectiveness of the operation or process;Pf and

d. Necessary corrective actions if there is failure at a critical control point.Pf

Statutory Authority

§ 3.2-5121 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 19, eff. June 24, 2021.

2VAC5-585-3550. (Reserved).

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3560. (Reserved).

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3570. (Reserved).

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3580. (Reserved).

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

2VAC5-585-3590. (Reserved).

Historical Notes

Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007.

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