Administrative Code

Virginia Administrative Code
5/23/2024

Article 2. Plan Submission and Approval

2VAC5-585-3600. Facility and operating plans - when plans are required.

An operator 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 if the department determines that plans and specifications are necessary to ensure compliance with this chapter.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.

2VAC5-585-3610. Contents of the plans and specifications.

The plans and specifications for a food establishment, including a food establishment specified under 2VAC5-585-3620, 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

§ 3.2-5121 of the Code of Virginia.

Historical Notes

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

2VAC5-585-3620. When a HACCP plan is required.

A. Before engaging in an activity that requires a HACCP plan, an operator shall submit to the department for approval a properly prepared HACCP plan as specified under 2VAC5-585-3630 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 2VAC5-585-700 D 4, 2VAC5-585-860, or 2VAC5-585-1300 B; or

3. The department determines that a food preparation or processing method requires a variance based on a plan submittal specified under 2VAC5-585-3610, an inspectional finding, or a variance request.

B. Before engaging in reduced oxygen packaging without a variance as specified under 2VAC5-585-870, an operator shall submit a properly prepared HACCP plan to the department.

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.

2VAC5-585-3630. Contents of a HACCP plan.

For a food establishment that is required under 2VAC5-585-3620 to have a HACCP plan, the operator shall submit to the department a properly prepared HACCP plan that includes:

1. General information such as the name of the operator, the food establishment address, and contact information;

2. A categorization of the types of time/temperature control for safety foods that are 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 and

b. The steps that are critical control points;Pf

4. The ingredients, recipes, or formulations; materials and equipment used in the preparation of each specific food or category type; and methods and procedural control measures that address the food safety concerns involved;Pf

5. A critical control points summary for each specific food category type that clearly identifies:

a. Each critical control point;Pf

b. The significant hazards for each critical control point;Pf

c. The critical limits for each critical control point;Pf

d. The method and frequency for monitoring and controlling each critical control point by the designated food employee or the person in charge;Pf

e. Action to be taken by the designated food employee or person in charge if the critical limits for each critical control point are not met;Pf

f. 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 and

g. Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed;Pf

6. Supporting documents such as:

a. Food employee and supervisory training plan and operating procedures that address the food safety issues of concern;Pf

b. Copies of blank record 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

7. Any other information required by the department.

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.

2VAC5-585-3640. 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 2VAC5-585-3610 and 2VAC5-585-3630.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.

Historical Notes

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

2VAC5-585-3650. 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 2VAC5-585-3610 and is in compliance with law and this chapter.

Statutory Authority

§ 3.2-5121 of the Code of Virginia.

Historical Notes

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

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.