§ 9.1-1. Exemptions.

The provisions of title 35.1 of the Code of Virginia as pertains to health and sanitation for restaurants shall not apply to:

(1)

Food booths at fairs, if such booths are promoted or sponsored by any political subdivision of the commonwealth or by any charitable nonprofit organization or group thereof.

(2)

Concession stands at youth athletic activities, if such stands are promoted or sponsored by either a youth athletic association or by any charitable nonprofit organization or group thereof which has been recognized as being a part of the recreational program of the political subdivision where the association or organization is located by an ordinance or resolution of such political subdivision.

(3)

The term "food booth" shall include any temporary food establishment, whether it be a tent, canopy, shelter, trailer, mobile kitchen, or other shelter that operates for no more than 14 consecutive days in conjunction with a single event or celebration.

The term "fair" shall include any fair, festival, sponsored community event or celebration, such as those commonly called Ferrum Folk Life Festival, Lord's Acre Sale, Boones Mill Apple Festival, etc.

The term "youth athletic association" shall include any school, school sanctioned booster club, local government recreation department, etc.

No food booth operating under this exemption will be required to obtain a permit to operate. The Franklin County Health Department will not conduct inspections of the food preparation or service at exempted food booths. Upon request, the Franklin County Health Department will offer advice, targeted education, and guidance related to the safe and sanitary methods of food preparation and service.

Any group or organization that proposes to operate a temporary food booth at a fair shall contact the Franklin County Health Department at least ten (10) days in advance of the event. Documentation will be required to prove that the group or organization is sponsored by a political subdivision of the commonwealth, or is a charitable non-profit organization or group thereof. The proposed operation must be described and the proposed menu submitted. The Franklin County Health Department will make a determination as to whether the submitted proposal meets the standards for exemption, or if a permit to operate will be required per the Food Regulations.

Any food booth operating under this exemption shall fully and completely comply with the guidelines as specified hereafter:

a.

Physical facility:

1.

Overhead protection that is both wind resistant and waterproof shall extend over all food preparation, service, and storage areas, except that cooking equipment such as grills and smokers that have lids may sit outside the confines of the overhead protection.

2.

Food booths without properly finished flooring shall be set up on asphalt, concrete, decking, or grass. Dirt or gravel shall be acceptable only if covered with mats, carpet, duckboards, or platforms to control dust and mud.

b.

Equipment and utensils:

1.

Facilities for proper handwashing shall be provided. This shall include one of the following:

a.

Hot and cold running water, soap, and disposable towels; or

b.

Warm water in a closed container with a spigot or tap, soap, and disposable towels; or

c.

If no raw meats or seafood are being handled and only limited preparation is involved (such as hot dogs or sno-cones), disposable anti-microbial hand towelettes or a hand sanitizer with disposable towels may be considered for use.

2.

Adequate equipment shall be available to hold food hot, cold, or frozen as the menu will necessitate. This may include refrigerated trucks, portable coolers or ice chests, grills, steam tables, holding cabinets, warming units, etc.

3.

A three-compartment sink or three (3) containers of adequate size shall be provided for washing, rinsing, and sanitizing food contact surfaces of equipment. Detergent and sanitizers shall be provided, as well as a test kit or strips to check concentrations of sanitizer. (Chlorine = 50-200ppm) Food contact surfaces of equipment and utensils shall be cleaned and sanitized prior to use.

4.

A metal stemmed, slim tipped probe type food thermometer shall be provided.

5.

Single service containers and utensils shall be provided. (paper, plastic or styrofoam plates, bowls, and cups; foil, deli wraps, plastic utensils, etc.)

6.

Easily cleanable tabletops and work surfaces shall be provided as needed.

7.

Adequate trash receptacles and plastic liners shall be provided for the disposal of all garbage/refuse during and after the event.

c.

Personal cleanliness and hygiene:

1.

No person that is coughing, sneezing, has a runny nose or discharges from the nose, eyes, or mouth, has an open cut or sore, or has recently experienced symptoms of diarrhea or vomiting shall be allowed to prepare or serve food.

2.

Food handlers shall wear a hair restraint, clean clothing, and shall remove all watches, bracelets and rings with the exception of a plain wedding band.

3.

Food handlers shall frequently wash their hands and exposed portions of their arms by vigorously rubbing together the surfaces of their lathered hands and arms for at least 15 seconds and thoroughly rinsing with clean water.

4.

Food handlers shall not contact ready-to-eat foods with their bare hands. Spatulas, tongs, serving spoons, deli-wrap, and/or single use disposable gloves shall be used to prevent hands from contacting ready-to-eat foods. Gloves shall be used for one purpose only, and changed between uses.

5.

Food handlers shall not smoke or eat while on duty or present at the booth.

d.

Food sources, temperature requirements:

1.

All food products (including beverages and ice) shall come from an approved source that complies with law. Foods not prepared on-site may be prepared and properly transported from the kitchen of an exempt organization or from the home of a member. All canned products (hermetically sealed container such as cans, tins, glass jars, etc.) shall be obtained from a commercial source approved by the Virginia Department of Agriculture and Consumer Services. Absolutely no "home-canned" products may be offered to the public for consumption or used as ingredients in any product offered to the public for consumption.

2.

Beverages should be offered in cans or bottles. Beverages prepared by the operator (such as tea, coffee, or lemonade) shall be made with water from an approved source, and held in covered containers.

3.

Potentially hazardous food (PHF) means a food that requires temperature control because it is in a form capable of supporting bacterial growth and causing disease. PHFs include raw and cooked meats, poultry, seafood, dairy products, eggs, cooked vegetables, cut tomatoes and melons, garlic-in-oil mixtures, custards, batters, rice, pastas, etc.

4.

Potentially hazardous foods shall be temperature controlled to prevent the growth of harmful bacteria and microorganisms. PHFs shall be held:

a.

Below 41°F if held cold (refrigerated); or

b.

Above 135°F if held hot waiting for service; or

c.

Frozen solidly, and properly thawed prior to use.

5.

PHFs that must be reheated prior to service shall be heated to greater than 165°F within two hours and the temperature verified by the use of a clean probe thermometer.

6.

PHFs held at a temporary food booth should NOT be held over and offered for consumption at a later time, except those items not used that remained properly refrigerated or frozen.

7.

All PHFs that are cooked shall be checked with a proper probe thermometer and the internal temperature in the thickest part shall reach a minimum temperature for more than fifteen (15) seconds as specified below:

a.

Raw meat, pork, fish, and eggs shall be cooked to 145°F or above.

b.

Hamburger and ground, comminuted, or injected meats shall be cooked to 155°F or above.

c.

Poultry, any product with raw poultry as an ingredient, stuffed meats, or any stuffing containing meats, and wild game that is approved for sale shall be cooked to 165°F or above.

d.

Whole intact-muscle beef steaks may be served if the exterior is cooked to 145°F and a color change is achieved on all external surfaces due to heat searing.

e.

Alternative temperatures and times as can be found in the FDA Food Code for products or times not mentioned above.

8.

Any PHF that is cooked in advance shall either be held hot until service (above 135°F) or the PHF shall be cooled to below 70°F within two (2) hours, and further cooled to below 41°F within four hours, then properly refrigerated. Large volumes of food shall be reduced in mass or divided into smaller containers, spread thin in shallow pans, iced, and/or agitated as necessary to bring the temperature to below 70°F and then 41°F within the proper time limits as indicated above.

9.

Food preparation and menu offerings shall be limited to products that can be safely prepared in the available temporary food booth setting.

10.

Self-service condiments shall be individually packaged or served from a squeeze bottle. (no common dipping from a bowl)

e.

Transportation and storage:

1.

Food products or single service items may not be stored on the ground.

2.

Raw animal products shall be safely separated from ready-to-eat foods, and stored in a manner so that bloody juices will not contaminate clean work surfaces, equipment, or utensils.

3.

Food stored on ice may not be in water. Coolers shall be drained.

4.

Food that is transported from the kitchen of the organization or the home of an organization member shall be properly transported, which includes being tightly covered and temperature controlled if necessary.

f.

Water, sewage and wastewater, toilets:

1.

An adequate supply of water from an approved source shall be provided and available for food preparation, for cleaning and sanitizing of equipment and utensils, and for handwashing. Approved sources are municipal water systems or other public waterworks.

2.

If connecting to an approved pressurized water system, a white hose approved for potable water shall be used.

3.

All sewage (including liquid waste from handwashing, food preparation, cooler drains, and utensil washing) shall be collected and disposed of in an approved and sanitary manner. Wastewater shall not be allowed to run onto or be dumped onto the ground surface or disposed of in storm drainage systems.

4.

Toilets shall be available to operators and customers within a reasonable distance.

An easily readable sign or placard shall be posted in a clearly visible location that indicates the name of the group or organization operating the food booth, and indicating that the food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority.

(Ord. of 10-20-92; Ord. of 5-20-08; Res. No. 20-06-2008, 6-24-08)

State Law reference— Similar provisions, Code of Virginia, § 35.1-26.

(Ord. of 10-20-92; Ord. of 5-20-08; Res. No. 20-06-2008, 6-24-08)

State law reference

Similar provisions, Code of Virginia, § 35.1-26.