19841113 1984-15ORDINANCE NO. 1984-15
AN ORDINANCE ENACTING CHAPTER 11, ARTICLE III, OF THE
CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO
FOOD SERVICE ESTABLISHMENTS
BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that the Fairfax City Code be and
hereby is amended by the addition of an Article III to
Chapter 11, which Article shall read in its entirety as
follows:
.ARTICLE III.
Food-Service Establishments.
SEC. 11-12. Definitions. The following definitions shall apply
in the interpretation and the enforcement of this Article:
Adulterated. The condition of any food:
(a) which bears or contains any poisonous or deleterious
substance in a quantity which may render it injurious to health,
(b) which bears or contains any added poisonous or
deleterious substance for which no safe tolerance has been
established by regulation, or in excess of such tolerance if one
has been established,
(c) which consists in whole or in part of any filthy,
~utrid, or decomposed substance,
(d) which is otherwise unfit for human consumption,
(e) which has been processed, prepared, packed or held
under unsanitary conditions, whereby it may have become co~tami-
nated with filth, or whereby it may have been rendered injurious
to health,
(f) which is in whole or in part the product of a diseased
animal, or an animal which has died otherwise than by slaughter,
or
(g) for which the container is composed in whole or in part
of any poisonous or deleterious substance ~]ich may render the
contents injurious to health.
Approved. Acceptable to the health authority based on its
~etermination as to conformity with appropriate standards and
good public health practice.
Closed. Fitted together tightly and leaving no openings
large enough to permit the entrance of vermin.
Corrosion-Resistant Material. Material which maintains its
original surface characteristics under prolonged influence of any
food, cleaning compounds and sanitizing solutions which may
contact it.
~.~ly Cleanable. Readily accessible and of such material
and finish, and so fabricated that residue may be completely
removed by normal cleaning methods.
Employee. Any person working in a food-service establish-
~ent who transports food or food containers, engages in food
preparation or service, or comes in contact with food utensils or
equipment.
Equipment. Any stoves, ranges, hoods, meatblocks, tables,
counters, refrigerators, sinks, dishwashing machines, steamtables
~nd similar items, other than utensils, used in the operation of
5 food-service establishment.
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Food. Any raw, cooked or processed edible substance, bever-
age, or ingredient used or intended for use or for sale in whole
or in part for human consumption.
Food-Processing Establishment. A commercial establishment
in which food is processed or otherwise prepared and packaged for
human consumption.
Food-Service Estabiishmen%. Any fixed Qr mobile r~staur~'~t,
coffee shop, cafe'%eri'a, ~h~-order cafe, luncheonette~ grill,
tearoom, sandwich shop, soda fountain, tavern, bar, cocktail
lounge, night club, roadside stand, industrial-feeding establish-
ment, any organization or institution routinely serving food,
catering kitchen, delicatessen, commissary or similar place in
which food or drink is prepared for sale or for service on the
premises or elsewhere, and any other establishment or operation
where food is served or provided for the public. Temporary
food-service establishments, however, shall not be deemed to be
within the scope of this definition.
Health Authority. The Director of the Fairfax County
Department or his designated representative.
Kitchenware. All reusable utensils, other than tableware,
used in the storage, preparation, conveying or serving of food.
Misbranded. The presence of any written, printed or graphic
matter, upon or accompanying food or containers of food, which is
fa].se or misleading, or which violates any applicable state or
local labeling requirements.
Perishable Food.
may spoil.
Food of such type or in such condition as
Person. An individual, firm, partnership, company, corpora.-
tion, trustee, association or any public or private entity.
Potentially Hazardous Food. Any perishable food whO. ch con-
sists in whole or in part of milk or milk products, eggs, meat,
poultry~ fish, shellfish or other ingredients capable of s~p-
porting rapid and progressive growth of infectious or toxigenic
micro-organisms.
Safe Temperature. As applied to potentially hazardous food,
temperatures of 45"F. or below, and 140°F. or above.
Sanitize. Effective bactericidal treatment of clean sur-
faces of equipment, kitchenware and utensils by a process which
has been approved by the health authority as being effective in
destroying micro-organisms, including pathogens.
Sealed. Free of cracks or other openings which permit the
entry or passage of moisture~
Single-Service Articles. Cups, containers, lids, closures,
plates, knives, forks, spoons, stirrers, paddles, straws, place
mats, napkins, doilies, wrapping material, and all similar
articles which are constructed wholly or in part from paper,
paperboard, molded pulp, foil, wood, plastic, synthetic, or other
readily destructible materials, and which are intended by the
manufacturers and generally recognized by the public as for one
usage only, then to be discarded.
Tableware. Ail reusable eating and drinking utensils,
including knives, forks and spoons.
Temporary Food-Service Establishment. Any food-service
establishment which operates at a fixed location for a temporary
period of time, not to exceed two weeks, in connection with a
fair, carnival, circus, public exhibition, or similar transitory
gathering.
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Utensil. Any tableware or kitchenware used in the storage,
preparation, conveying or serving of food.
Wholesome. In sound condition, clean, free from adultera-
tion, and otherwise suitable for human consumption.
SEC. 11-13 Exemptions.
The provision of this Article shall not apply to:
(a) Boarding houses that do not accomodate transients.
(b)
only.
Cafeterias operated by industrial plants for employees
(c) Churches, fraternal and social organizations, and
volunteer fire departments and rescue squads which hold occa-
sional dinners or bazaars at which food prepared in the homes of
members or in the kitchen of the church or organization is
offered for sale to the public~ provided, however, that such
churches or organizations shall not be exempt from the provisions
of this Article if the dinners or bazaars are held more than once
per week or exceed two days in duration.
(d) Grocery stores, including the delicatessen portion
which is a part of a grocery store selling exclusively for off
premises consumption, and places which manufacture or sell
packaged or canned goods.
(e) Churches which serve meals for their members as a regu-
lar part of their religious observance°
SEC. 11-14. Permit to Operate.Required.
When a food-service establishment is constructed or exten-
sively remodeled, or when an existing structure is converted for
use as a food-service establishment, properly prepared plans and
specifications for such construction, remodeling, or alteration,
showing the layout, arrangement and construction materials of
work areas and the location, size and type of fixed equipment and
facilities shall be submitted to the Health Authority for appro-
val before the work is begun to assure compliance with the provi-
sions of this Article.
SEC° 11-16 Food Service Manager; Responsibility;
Certification.
(a) The Food-Service Manager shall be responsible for
training food-service personnel in sanitary food-handling
)rocedures.
(b) After July 1, 1985, no person shall operate a food-
~ervice establishment unless it is under the immediate control of
a person holding a valid Food-Service Manager's Certificate.
(c) In order to obtain a Food-Service Manager's Certifi-
cate, a person shall apply to the Health Authority and show proof
Df having successfully completed a course in food protection
~ich has been approved by the Health Authority°
(d) The certificate shall be issued in the name of an
individual only and shall be valid for a period of three years
~fter the date of issuance.
(e) A Food-Service Manager Certificate shall be renewed for
three year period upon:
(1) The completion by the Food-Service Manager of a
refresher course in food protection which has been approved by
the Health Authority; or
(2) The Food-Service Manager's conducting a minimum of
three training courses which have been approved by the Health
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Authority for employees of the Food-Service Establishment during
the prior three years; or
(3) The establishment and continuation of a self-
inspection program approved by the Health Authority for a minimum
of twelve consecutive months during the prior three years.
SEC. 11-17 Food.
(a) Food Su~p!ie~,
(1) Ail food in food-service establishments shall 'have
come from sources approved or considered satisfactory by the
Health Authority and shall be clean, wholesome, free from spoil-
age, free from adulteration and misbranding and safe for human
consumption. No hermetically sealed non-acid and low-acid food
which has been processed in a place other than a co~mnercial
food-processing establishment shall be used.
(2) Ail oysters, clams and mussels shall have come
from sources approved by the State Health Department or by the
health department of the state of origin. Shell stock shall be
identified with a tag giving the name and certificate number of
the original shell stock shipper and the kind and quantity of the
shell stock. The official tag must be retained by the Food-Ser-
vice Manager for a period of not less than sixty days after
serving of the shell stock.
(3) Shucked shell fish shall be kept in the original
container until used and the container must be identifie~ with
the name and address of the packer, repacker or distributor and
ithe certificate number.
(b) Food ~rotection.
(1) All food while being stored, prepared, displayed,
serviced or sold at food-service establishments or during trans-
portation between such establishments shall be protected form
contamination. All perishable food shall be stored at such
temperatures as will protect against spoilage. All potentially
hazardous food shall be maintained at safe temperatures (45°F. or
below, or 140~F. or above), except during necessary periods of
,preparation and service. Raw fruits and vegetables shall be
washed before use. Stuffing, poultry, stuffed meats and poultry,
and pork and pork products shall be thoroughly cooked before
being served. Individual portions of food once served to the
customer shall not be served again; provided, that wrapped food
which has not been unwrapped and which is wholesome may be
re-served.
(2) Only such poisonous and toxic materials as are
required to maintain sanitary conditions and for sanitization
purposes may be used or stored in food-service establishments.
Poisonous and toxic materials shall be identified and shall be
used only in such manner and under such conditions as will not
contaminate food or constitute a hazard to employees or
customers.
(c) Where unwrapped food is placed on display in any type
of food-service operations, including smorgasbords, buffets and
cafeterias, it shall be protected from contamination from custo-
mers and other sources by effective, easily cleanable, counter-
protector devices or similar types of protective equipment.
Self-service openings in counter guards shall be so designed and
arranged as to protect food from manual contact by customers.
~EC. 11-18 Personnel.
(a) Health and Disease Control.
(1) No person while affected with any disease in a
:ommunicable form, or while a carrier of such disease or while
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afflicted with boils, infected wounds, sores or an acute respira-
tory infection shall work in any area of a food-service esta-
blishment in any capacity in which there is a likelihood of such
~erson contaminating food or food-contact surfaces with patho-
genic organisms, or transmitting disease to other individuals;
and no person known or suspected of being affected with any such
disease or condition shall be employed in such an area or capa-
city. If the manager or person in charge of th~ esta!~li~hment
has reason to suspect that any employee has contracted any
disease in a co~mmunicable form or has become a carrier of such
disease, he shall notify the Director of Health or his duly
authorized agent.
(2) Every person connected with any food-service esta-
blishment in the City whose work brings him or her in contact
with the handling, preparing or serving of food or food products
shall furnish information, permit physical examination and submit
laboratory specimens as required by the Director of Health for
the purpose of determining freedom of disease.
(b) Cleanliness. Ail employees shall wear clean outer
garments, maintain a high degree of personal cleanliness, and
conform to hygienic practices while on duty. Hair nets, head-
bands, caps or other effective hair restraints shall be used by
employees engaged in the preparation and service of food to keep
hair from food and food-contact surfaces. They shall wash their
hands thoroughly in an approved hand-washing facility before
starting work and as often as may be necessary to remove soil and
contamination. No employee shall resume work after visiting the
toilet room without first washing his or her hands.
SEC. 11-19 Food E~.%.~m~nt and Utensils.
(a) ~anitar~_.qe~ign.
(1) Construction and installation of equipment and
utensils. Ail equipment and utensils used in food-service
establishments and temporary food-service establishments shall be
of such material and workmanship as to be smooth, easily clean.-
able, and durable and shall be in good repair; tke food-contact
surfaces of such equipment and utensils shall be easily acces-
sible for cleaning, nontoxic, corrosion resistant and relatively
nonabsorbent; provided, that exception may be made to the above
materials requirements for equipment such as cutting boards~
blocks and bakers' tables which have been approved by the Health
Authority.
(2) All equipment shall be installed and maintained so
as to facilitate the cleaning thereof and of all adjacent areas.
(3) Ail equipment installed after the date of adoption
of this Article and the manner of its installation must be
approved by the Director of Health or his designee in order to
insure compliance with the provisions of paragraphs (1) and (2)
above.
(4) Equipment in use at the time of adoption of this
Article which does not meet fully the above requirements may be
continued in use if it is in good repair, capable of being main-
tained in a sanitary condition and the food-contact surfaces are
nontoxic.
(5) Single-service articles shall be made from non-
toxic materials.
(b) Cleanliness of Equipment and Utensils.
(1) All reusable eating and drinking utensils shall be
thoroug'hly cleaned and sanitized after each usage.
(2) Ail 'kitchenware and equipment food-contact sur-
faces, exclusive of cooking surfaces, used in the preparation or
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serving of food or drink and all food-storage utensils shall be
thoroughly cleaned at least once a day. All utensils and equip-
ment food-contact surfaces used in the preparation, service,
display or storage of potentially hazardous food shall be thor-
oughly cleaned and sanitized prior to each use. Non-food contact
surfaces of equipment shall be cleaned at such intervals as to
keep them in a clean and sanitary ~ondi~ion.
(3) After cleaning and until use, all equipment food-
contact surfaces and utensils shall be stored and handled as to
be protected from contamination.
(4) Ail single-service articles shall be stored, han-
dled and dispensed in a sanitary manner and shall be used only
once.
(5) Food-service establishments or temporary food-
service establishments which do not have adequate and effective
facilities for cleaning and sanitizing utensils shall use single
service articles.
SEC. 11-20 Sanitary Facilities and Controls.
(a) Water Supply.
(1) The water supply shall be of sufficient quantity
to permit required washing, cleaning and operation of the facili-
ties, shall be of a safe sanitary quality and shall be from an
approved source. Hot and cold running water, under pressure,
shall be provided in all areas where food is prepared or equip-
ment, utensils or containers are washed.
(2) Under emergency conditions, water shall be piped
into the establishment or transported and stored in approved
containers and shall be handled and dispensed in a sanitary
manner.
(3) Ice used for any purpose shall be made from water
which comes from an approved source and shall be used only if it
has been manufactured, stored, transported and handled in a sani-
tary manner.
(b) Sewage Dispqsal. All sewage shall be disposed in a
public sewage system or in the absence thereof, in a manner
approved by the Director of Health.
(c) P~umbing. Construction and maintenance of all plumbing
must conform to the standards enforced by the Plumbing Inspection
Branch.
(d) Toilet Facilities. Each food-service establishment
shall be provided with adequate, conveniently located toilet
facilities for its employees. Toilet fixtures, including rooms
and fixtures, shall be kept in a clean condition and in good
repair. The doors of all toilet rooms shall be self-closing.
Toilet tissue shall be provided. Easily cleanable receptacles
shall be provided for waste materials, and such receptacles in
toilet rooms for women shall be covered. Toilet facilities must
be provided for patrons whenever seating is provided on the
~remises and must comply with the Plumbing Code of the state.
(e) ~qd.-Washing Facilities. Each food-service establish-
~ent shall be provided with adequate, conveniently located hand-
washing facilities for its employees, including a lavatory or
lavatories equipped with hot and cold or tempered running water,
hand cleansing soap or detergent and approved sanitary towels or
other approved hand-drying devises. Such facilities shall be
kept clean and in good repair.
(f) Garba__ge and Rubbish Dis_D~sa!. All garbage and rubbish
containing food wastes shall, prior to disposal, be kept in
leak-proof, non-absorbent containers which shall be kept covered
1984-15 -7-
with tight-fitting lids when filled or stored, or not in contin-
uous use; provided, that such containers need not be covered when
stored in a special vermin-proofed room or enclosure, or in a
food-waste refrigerator. All other rubbish shall be stored in
containers, rooms or areas in an approved manner. The rooms,
enclosures, areas and containers used shall be adequate for the
storage of all food waste and rubbish accomulating on the pre-
mises. Adequate cleaning facilities shall be provided, and each
container, room, or area shall be thoroughly cleaned after the
emptying or removal of garbage and rubbish. Food-waste grinders,
if used, shall be constructed and installed in compliance with
state and local standards. All garbage and rubbish shall be
disposed of with sufficient frequency and in such a manner as to
prevent a nuisance.
(g) Vermin Control. Effective measures shall be taken to
protect against the entrance into the establishment and the
breeding or presence on the premises of vermin.
SEC. 11-20. Other Facilities and Operations; Floors, Walls and
Ceilings; Lighting; Ventilation; Dressing Rooms and
Lockers; Housekeeping.
(a) Floors, Walls, and Ceiling~.
(1) the floor surfaces in kitchens, in all other rooms
and areas in which food is stored or prepared and in which uten-
sils are washed, and in walk-in refrigerators, dressing or locker
rooms and toilet rooms, shall be of smooth, nonabsorbent mate-
rials, and so constructed as to be easily cleanable; provided,
that the floors of nonrefrigerated, dry food storage areas need
not be nonabsorbent. All floors shall be kept clean and in good
repair. Floor drains shall be provided in all rooms where floors
are subjected to flooding-type cleaning or where normal opera-
tions are subjected to flooding-type cleaning or where normal
operations release or discharge water or other liquid waste on
the floor. All exterior areas where food is served shall De kept
clean and properly drained, and surfaces in such areas shall be
finished so as to facilitate maintenance and minimize dust.
(2) The walls and ceilings of all rooms shall be kept
clean and in good repair. All walls of rooms or areas in which
food is prepared, or utensils or hands are washed, shall De
easily cleanable, smooth, and light-colored, and shall have wash-
fable surfaces to the highest level reached by splash or spray.
(b) Lighting. Ail areas in which food is prepared or
stored or utensils are washed., hand-washing areas, dressing or
locker rooms, toilet rooms and garbage and rubbish storage areas
shall be well-lighted. During all clean-up activities, adequate
light shall be provided in the area being cleaned, and upon or
.round equipment being cleaned. At least fifty foot-candles of
light shall be required on all working surfaces in food prepara-
tion, utensil washing, and hand-washing areas and thirty foot-
~ndles in toilet rooms. At least twenty foot-candles of light
a distance thirty inches from the floor shall be required in
all other areas, including dining areas during cleaning
operations.
(c) Ventilation.
(1) All rooms in which food is prepared or served or
~tensils are washed, dressing or locker rooms, toilet rooms and
Iarbage and rubbish storage areas shall be well ventilated.
~entilation hoods and devices shall be designed to prevent grease
)r condensation from dripping into food or onto food-preparation
surfaces. Filters shall be readily removable for cleaning or
~eplacement.
(2) Cooking hoods and devices vented to the outside
air must comply with state and city air pollution control regula-
tions. No owner shall allow or permit any source to discharge
1984-15 -8-
air contaminants which o~ause an objectionable odor without employ-
ing adequate measures for the control of odorous emissions into
the outside air.
(d) Dressin~ Rooms and Lockers. Adequate facilities shall
be provided for the orderly storage of employees' clothing and
personal belongings. Where employees routinely change clothes
within the establishment, one or more designated areas shall
be located outside of the food preparation, storage, and serving
areas and the utensil-washing and storage areas; provided that,
if approved by the Health Authority, such an area may be located
in a storage room where only completely packaged food is stored.
Designated areas shall be equipped with. adequate lockers, and
lockers or other suitable facilities shall be provided in dress-
ing rooms. Dressing rooms and lockers shall be kept clean.
(e) Housekeeping. Ail parts of the establishment and its
premises shall be kept clean, neat and free of litter and rub-
bish. At least one or more conveniently located service sink
or other approved fixture must be provided in all new or remodel-
ed~~' establishments. Cleaning operations shall be conducted in
such a manner as to minimize contamination of food and food-
contact surfaces. None of the operations connected with a food-
service establishment shall be conducted in any room used as
living or sleeping quarters. Soiled linens, coats and aprons
shall be kept in containers until removed for laundering. No
live birds or animals shall be allowed in any area used for the
conduct of food-service establishment operations; provided that
guide dogs accompanying blind persons and police dogs may be per-
mitted in dining areas.
SEC. 11-22 Temporary Food-Service Establishments.
A temporary food-service establishment shall comply with all
provisions of these regulations which are applicable to its
operation; provided that the Director of Health may augment such
requirements when needed to assure the service of safe food; may
prohibit the sale of certain potentially hazardous food; and may
modify specific requirements for physical facilities when in his
opinion, no imminent health hazard will result.
SEC. 11-23 Enforcement.
(a) Penalty. The penalty provisions of section 1-6 of this
Code shall be applicable to this Article.
(b) Violation. It shall be unlawful for a person, firm,
corporation or association to violate any provisions of this
Article. Such violation shall constitute a class 2 misdemeanor.
(c) Suspension of Permits. Notwithstanding the other provi-
sions of this Article, whenever the Health Authority finds in-
sanitary conditions in the operation of a food-service establish-
ment which, in his or her judgment, constitute a substantial
hazard to the public health, he or she may, without warning,
notice of hearing, issue a written notice to the permit holder
operator citing such conditions, specifying the cor~.ective action
to be taken, and specifying the time period within which such
action to be taken. If deemed necessary, such order shall state
that the permit is immediately suspended, and all food-service
operations are to be immediately discontinued. Any person to
which such an order is issued shall comply immediately therewith
but, upon written petition to the Health Authority, shall be af-
forded a hearing as soon as possible.
(d~ Reinstatement of Suspended Permits. Any person whose
permit has been suspended may, at any time, make application for
a reinspection for the purpose of reinstatement of the permit.
Within ten days following receipt of a written request, includ-
ing a statement signed by the applicant that in his opinion the
conditions causing suspension of the permit have been corrected,
the Health Authority shall make a reinspection. If the applicant
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is complying with the requirements of this Article, the permit
shall be reinstated.
(e) Revocation of Permits. For serious or repeated viola-
tions of any of the requirements of this Article, or for inter-
ference with the Health Authority in the performance of his
duties, the permit may be permanmn%ly ~vO~ a~ ~ ~D~¥~-
nity for a hearing has been provided by th~ H~a~%h Au~ority~
Prior to such action, the Health Authority shall ~rovide the
Ipermit holder with written notice which shall state ~he reasons
Ifor which the permit is subject to revocation and advise that
lunless a request for a hearin~ is filed With the Health Authority
Ilby the permit holder within a five day period from service of
notice, the permit will be revoked. A permit may be suspended
for cause pending its revocation or a hearing relative theretof
(f) Access to Establishments. Th~ Health Authority, after
proper identification, shall be permitted to enter, at any
reasonable time, any food-service establishment within the city
for the purpose of making inspections to determine compliance
with this Article. He or she shall be permitted to examine the
records of the establishment to obtain pertinent i~formation
pertaining to food and supplies purchased, received or used, and
persons employed.
(g) Examination and Condemnation of Food. Food may be
examined or sampled by the Health Authority as often as necessary
to determine freedom from adulteration or misbranding. The
Health Authority may, upon written notice to the owner or person
in charge, place a hold order on any food which he determines or
has probable cause to believe to be unwholesome or otherwise
adulterated or misbranded. Under a hold order, food shall be
~ermitted to be suitably stored. It shall be unlawful for any
~erson to remove or alter a hold order, notice or tag placed on
~ood by the Health Authority, and neither such food nor the
containers thereof shall be relabeled, repacked, reprocessed,
altered, disposed of, or destroyed without permission of the
Health Authority, except on order by a court of competent
jurisdiction.
This ordinance shall be effective immediately upon its being
executed by the Mayor.
INTRODUCED:
ADOPTED:
O~tober 23, 1984
November 13. 1984
ATTEST