Article 3. Conditions to Operate
2VAC5-585-3655. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016; repealed, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.
2VAC5-585-3660. (Repealed.)
Historical Notes
Derived from Virginia Register Volume 32, Issue 22, eff. July 12, 2016; repealed, Virginia Register Volume 37, Issue 19, eff. June 24, 2021.
2VAC5-585-3670. Submission 30 calendar days before proposed opening.
A person seeking to operate a food establishment shall submit an application for a permit at least 30 calendar days before the date planned for opening the food establishment.
Statutory Authority
§ 3.2-5121 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-585-3680. Form of submission.
A person seeking to operate a food establishment shall submit to the department a written application for a permit on a form provided by the department.
Statutory Authority
§ 3.2-5121 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-585-3690. Qualifications and responsibilities of applicants.
To qualify for a permit, an applicant shall:
1. Be an owner of the food establishment or an officer of the establishment's legal ownership;
2. Comply with the requirements of this chapter; and
3. As specified under 2VAC5-585-3820, allow the department access to the food establishment and provide the department with required information and records.
Statutory Authority
§ 3.2-5121 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-585-3700. Contents of the application.
The application for a permit shall include:
1. The name, mailing address, telephone number, and signature of the person applying for the permit;
2. The name, mailing address, and location of the food establishment; and
3. Other information required by the department.
Statutory Authority
§ 3.2-5121 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-585-3710. New, converted, or remodeled establishments.
The department shall issue a permit to an applicant that is required to submit plans as specified in 2VAC5-585-3600 after:
1. The applicant submits a properly completed application;
2. The department reviews and approves the required plans, specifications, and information; and
3. A preoperational inspection required by 2VAC5-585-3650 shows that the establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with this chapter.
Statutory Authority
§ 3.2-5121 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-585-3720. Existing establishments, change of ownership, or termination.
A. The department may issue a permit to a new owner of an existing food establishment after a properly completed application is submitted, reviewed, and approved and an inspection shows that the establishment is in compliance with this chapter.
B. An existing food establishment shall notify the department in writing of a transfer of legal ownership or termination of business operations. Such notice shall be submitted in writing to the department at least 30 days prior to the transfer of legal ownership or termination of business operation.
Statutory Authority
§ 3.2-5121 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-585-3740. Responsibilities of the department.
A. At the time of the initial inspection, the department shall provide to the permit holder a copy of this chapter so that the permit holder is notified of the compliance requirements and the conditions of retention, as specified under 2VAC5-585-3750, that are applicable to the food establishment.
B. Failure to provide the information specified in subsection A of this section does not prevent the department from taking authorized action or seeking remedies if the permit holder fails to comply with this chapter or an order, warning, or directive of the department.
Statutory Authority
§ 3.2-5121 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 37, Issue 19, eff. June 24, 2021; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-585-3740. Responsibilities of the department.
A. At the time of the initial inspection, the department shall provide to the permit holder a copy of this chapter so that the permit holder is notified of the compliance requirements and the conditions of retention, as specified under 2VAC5-585-3750, that are applicable to the food establishment.
B. Failure to provide the information specified in subsection A of this section does not prevent the department from taking authorized action or seeking remedies if the permit holder fails to comply with this chapter or an order, warning, or directive of the department.
Statutory Authority
§ 3.2-5121 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 37, Issue 19, eff. June 24, 2021; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-585-3740. Responsibilities of the department.
A. At the time of the initial inspection, the department shall provide to the permit holder a copy of this chapter so that the permit holder is notified of the compliance requirements and the conditions of retention, as specified under 2VAC5-585-3750, that are applicable to the food establishment.
B. Failure to provide the information specified in subsection A of this section does not prevent the department from taking authorized action or seeking remedies if the permit holder fails to comply with this chapter or an order, warning, or directive of the department.
Statutory Authority
§ 3.2-5121 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 37, Issue 19, eff. June 24, 2021; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-585-3750. Responsibilities of the permit holder.
The permit holder shall:
1. Post the permit in a location in the food establishment that is conspicuous to consumers;
2. Comply with the provisions of this chapter including the conditions of a granted variance as specified under 2VAC5-585-3542 and approved plans as specified under 2VAC5-585-3610;
3. If a food establishment is required under 2VAC5-585-3620 to operate under a HACCP plan, comply with the plan as specified under 2VAC5-585-3542;
4. Immediately contact the department to report an illness of a food employee or conditional employee as specified under 2VAC5-585-80 B;
5. Immediately discontinue operations and notify the department if an imminent health hazard may exist as specified under 2VAC5-585-3910;
6. Allow authorized representatives of the commissioner access to the food establishment as specified under 2VAC5-585-3820;
7. Replace existing facilities and equipment specified in 2VAC5-585-3510 with facilities and equipment that comply with this chapter if:
a. The department directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted;
b. The department directs the replacement of the facilities and equipment because of a change of ownership; or
c. The facilities and equipment are replaced in the normal course of operation;
8. Comply with directives of the department, including timeframes for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department in regard to the permit holder's food establishment or in response to community emergencies;
9. Accept notices issued and served by the department according to law;
10. Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this chapter or a directive of the department, including timeframes for corrective actions specified in inspection reports, notices, orders, warnings, and other directives; and
11. Notify customers that a copy of the most recent establishment inspection report is available upon request by posting a sign or placard in a location in the food establishment that is conspicuous to customers or by another method acceptable to the department.
Statutory Authority
§ 3.2-5121 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 37, Issue 19, eff. June 24, 2021; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-585-3750. Responsibilities of the permit holder.
The permit holder shall:
1. Post the permit in a location in the food establishment that is conspicuous to consumers;
2. Comply with the provisions of this chapter including the conditions of a granted variance as specified under 2VAC5-585-3542 and approved plans as specified under 2VAC5-585-3610;
3. If a food establishment is required under 2VAC5-585-3620 to operate under a HACCP plan, comply with the plan as specified under 2VAC5-585-3542;
4. Immediately contact the department to report an illness of a food employee or conditional employee as specified under 2VAC5-585-80 B;
5. Immediately discontinue operations and notify the department if an imminent health hazard may exist as specified under 2VAC5-585-3910;
6. Allow authorized representatives of the commissioner access to the food establishment as specified under 2VAC5-585-3820;
7. Replace existing facilities and equipment specified in 2VAC5-585-3510 with facilities and equipment that comply with this chapter if:
a. The department directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted;
b. The department directs the replacement of the facilities and equipment because of a change of ownership; or
c. The facilities and equipment are replaced in the normal course of operation;
8. Comply with directives of the department, including timeframes for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department in regard to the permit holder's food establishment or in response to community emergencies;
9. Accept notices issued and served by the department according to law;
10. Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this chapter or a directive of the department, including timeframes for corrective actions specified in inspection reports, notices, orders, warnings, and other directives; and
11. Notify customers that a copy of the most recent establishment inspection report is available upon request by posting a sign or placard in a location in the food establishment that is conspicuous to customers or by another method acceptable to the department.
Statutory Authority
§ 3.2-5121 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 37, Issue 19, eff. June 24, 2021; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-585-3750. Responsibilities of the permit holder.
The permit holder shall:
1. Post the permit in a location in the food establishment that is conspicuous to consumers;
2. Comply with the provisions of this chapter including the conditions of a granted variance as specified under 2VAC5-585-3542 and approved plans as specified under 2VAC5-585-3610;
3. If a food establishment is required under 2VAC5-585-3620 to operate under a HACCP plan, comply with the plan as specified under 2VAC5-585-3542;
4. Immediately contact the department to report an illness of a food employee or conditional employee as specified under 2VAC5-585-80 B;
5. Immediately discontinue operations and notify the department if an imminent health hazard may exist as specified under 2VAC5-585-3910;
6. Allow authorized representatives of the commissioner access to the food establishment as specified under 2VAC5-585-3820;
7. Replace existing facilities and equipment specified in 2VAC5-585-3510 with facilities and equipment that comply with this chapter if:
a. The department directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted;
b. The department directs the replacement of the facilities and equipment because of a change of ownership; or
c. The facilities and equipment are replaced in the normal course of operation;
8. Comply with directives of the department, including timeframes for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department in regard to the permit holder's food establishment or in response to community emergencies;
9. Accept notices issued and served by the department according to law;
10. Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this chapter or a directive of the department, including timeframes for corrective actions specified in inspection reports, notices, orders, warnings, and other directives; and
11. Notify customers that a copy of the most recent establishment inspection report is available upon request by posting a sign or placard in a location in the food establishment that is conspicuous to customers or by another method acceptable to the department.
Statutory Authority
§ 3.2-5121 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 37, Issue 19, eff. June 24, 2021; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.
2VAC5-585-3760. Permits not transferable.
A permit shall not be transferred from:
1. One person to another person;
2. One food establishment to another food establishment; or
3. One type of food operation to another type of food operation if the food operation changes from the type of operation specified in the application as specified under 2VAC5-585-3700 and the change in operation is not approved.
Statutory Authority
§ 3.2-5121 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 41, Issue 10, eff. February 13, 2025.