Virginia Regulatory Town Hall
Virginia Department of Health
State Board of Health
Food Regulations [12 VAC 5 ‑ 421]
Review 1754
Periodic Review of this Chapter
Includes a Small Business Impact Review
Date Filed: 12/26/2018
Notice of Periodic Review
Pursuant to Executive Order 14 (as amended July 16, 2018) and ยงยง 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department/Board/Commission of Health is conducting a periodic review and small business impact review of VAC citation: 12 VAC 5-421, title of regulation: Food Regulations.

The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018). http://TownHall.Virginia.Gov/EO-14.pdf

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins January 21, 2019, and ends on February 11, 2019.

Comments may be submitted online to the Virginia Regulatory Town Hall at Comments may also be sent to Name: Julie Henderson,Director of Food and General Services, 109 Governor Street, 5th Floor, Richmond VA 23219; Phone (804) 864-7473 Email:

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.
Publication of Notice in the Register and Public Comment Period
Published in the Virginia Register on 1/21/2019
Comment Period begins on the publication date and ended on 2/11/2019

Comments Received: 0

Review Result
Amend the regulation
pdf TH-07 Periodic Review Report of Findings   (8/6/2019)
Action Implementing the Result
Action ID #5460: Amend Chapter 421 to Adopt 2017 FDA Food Code
Attorney General Certification
Submitted to OAG: 12/26/2018
Review Completed: 6/17/2019
Result: Certified
pdf Review Memo