2006 Code of Virginia § 35.1-14 - Regulations governing restaurants; advisory standards for exempt entities

35.1-14. Regulations governing restaurants; advisory standards for exemptentities.

A. Regulations of the Board governing restaurants shall include but not belimited to the following subjects: (i) a procedure for obtaining a license;(ii) the safe and sanitary maintenance, storage, operation, and use ofequipment; (iii) the sanitary maintenance and use of a restaurant's physicalplant; (iv) the safe preparation, handling, protection, and preservation offood, including necessary refrigeration or heating methods; (v) proceduresfor vector and pest control; (vi) requirements for toilet and cleansingfacilities for employees and customers; (vii) requirements for appropriatelighting and ventilation not otherwise provided for in the Uniform StatewideBuilding Code; (viii) requirements for an approved water supply and sewagedisposal system; (ix) personal hygiene standards for employees, particularlythose engaged in food handling; and (x) the appropriate use of precautions toprevent the transmission of communicable diseases.

B. In its regulations, the Board may classify restaurants by type and specifydifferent requirements for each classification.

C. The Board may adopt any edition of the Food and Drug Administration's FoodCode, or supplement thereto, or any portion thereof, as regulations, withany amendments as it deems appropriate. In addition, the Board may repeal oramend any regulation adopted pursuant to this subsection. No regulationsadopted or amended by the Board pursuant to this subsection, however, shallestablish requirements for any license, permit or inspection unless suchlicense, permit or inspection is otherwise provided for in this title. Theprovisions of the Food and Drug Administration's Food Code shall not apply tofarmers selling their own farm-produced products directly to consumers fortheir personal use, whether such sales occur on such farmer's farm or at afarmers' market, unless such provisions are adopted in accordance with theAdministrative Process Act ( 2.2-4000 et seq.).

D. The Board may issue advisory standards for the safe preparation, handling,protection, and preservation of food by entities exempt from the provisionsof this title pursuant to 35.1-25 or 35.1-26.

E. The provisions of the Administrative Process Act ( 2.2-4000 et seq.)shall not apply to the adoption of any regulation pursuant to subsection C ifthe Board of Agriculture and Consumer Services adopts the same edition of theFood Code, or the same portions thereof, pursuant to subsection B of 3.1-398 and the regulations adopted by the Board and the Board of Agricultureand Consumer Services have the same effective date. In the event that theBoard of Agriculture and Consumer Services adopts regulations pursuant to 2.2-4012.1, the effective date of the Board's regulations may be any date onor after the effective date of the regulations adopted by the Board ofAgriculture and Consumer Services.

Notwithstanding any exemption to the contrary, a regulation promulgatedpursuant to subsection C shall be subject to the requirements set out insubsections F, H, and I of 2.2-4007, and shall be published in the VirginiaRegister of Regulations. After the close of the 60-day comment period, theBoard may adopt a final regulation, with or without changes. Such regulationshall become effective 15 days after publication in the Virginia Register,unless the Board has withdrawn or suspended the regulation, or a later datehas been set by the Board. The Board shall also hold at least one publichearing on the proposed regulation during the 60-day comment period. Thenotice for such public hearing shall include the date, time and place of thehearing.

(Code 1950, 35-28, 35-32, 35-33, 35-34, 35-35, 35-36, 35-37; 1981, c. 468;1993, c. 336; 2003, c. 695; 2004, c. 802.)