Virginia Regulatory Town Hall
Department of Agriculture and Consumer Services
Department of Agriculture and Consumer Services
Retail Food Establishment Regulations [2 VAC 5 ‑ 585]
Amendment of Existing Food Regulations
Action 2967
General Information
Action Summary The Retail Food Establishment Regulations establish minimum sanitary standards for retail food establishments such as supermarkets, grocery stores, and convenience stores. Those standards include the safe and sanitary maintenance, storage, operation, and use of equipment, the safe preparation, handling, protection, and preservation of food including necessary refrigeration or heating methods, procedures for vector and pest control, requirements for toilet and hand washing facilities for employees, requirements for appropriate lighting and ventilation, requirements for an approved water supply and sewage disposal system, personal hygiene standards for employees, and the appropriate use of precautions to prevent the transmission of communicable diseases. Current Regulations are based on the Food and Drug Administrations (FDA) 2001 Food Code and the 2003 Food Code Supplement. Our existing regulations are being amended to be consistent with the current 2005 FDA Food Code as well as the 2007 Food Code Supplement. Many of the changes simply refine and provide further clarity to our existing regulations. These changes are also being proposed concurrently with the Virginia Department of Health’s adoption of the updated portions of the 2005 FDA Food Code and the associated 2007 supplement. Pursuant to § 3.2-5121(C) of the Code of Virginia, this action is exempt from portions of the Administrative Process Act (APA) provided VDH adopts the same version and both agency’s regulations have the same effective date. Both agencies are working toward that end. Both VDACS and VDH previously adopted the 2003 supplement to the 2001 FDA Food Code with an effective date of October 16, 2007.
Chapters Affected Only affects this chapter.
Executive Branch Review This action is subject to Article 2 of the Administrative Process Act, but it is not subject to the full executive branch review process.
Reason: § 3.2-5121 of the Code of Virginia
RIS Project Yes  [001653]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
5018 Proposed Stage complete. Comment period ended 07/10/2009.
5335 Final Stage complete. This regulation became effective on 01/01/2010.
Contact Information
Name / Title: Pamela Miles  / Program Manager, Office of Dairy and Foods
Address: P. O. Box 1163
Richmond, VA 23218
Email Address:
Phone: (804)786-8910    FAX: (804)371-7792    TDD: (800)828-1120

This person is the primary contact for this chapter.