{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/35.1-14.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/35.1-14.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/35.1-14.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/35.1-14.html"}],"law_id":56754,"edition_id":1,"section_id":56754,"structure_id":14483,"section_number":"35.1-14","catch_line":"Regulations governing restaurants; advisory standards for exempt entities","history":"Code 1950, \u00a7\u00a7 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; 2007, cc. 873, 916; 2015, cc. 356, 528; 2018, c. 674; 2022, c. 393.","full_text":"A\n\nRegulations of the Board governing restaurants shall include but not be limited to the following subjects: (i) a procedure for obtaining a license; (ii) the safe and sanitary maintenance, storage, operation, and use of equipment; (iii) the sanitary maintenance and use of a restaurant’s physical plant; (iv) the safe preparation, handling, protection, and preservation of food, including necessary refrigeration or heating methods; (v) procedures for vector and pest control; (vi) requirements for toilet and cleansing facilities for employees and customers; (vii) requirements for appropriate lighting and ventilation not otherwise provided for in the Uniform Statewide Building Code; (viii) requirements for an approved water supply and sewage disposal system; (ix) personal hygiene standards for employees, particularly those engaged in food handling; (x) the appropriate use of precautions to prevent the transmission of communicable diseases; and (xi) training standards that address food safety and food allergy awareness and safety.B\n\nIn its regulations, the Board may classify restaurants by type and specify different requirements for each classification.C\n\nThe Board may adopt any edition of the Food and Drug Administration’s Food Code, or supplement thereto, or any portion thereof, as regulations, with any amendments as it deems appropriate. In addition, the Board may repeal or amend any regulation adopted pursuant to this subsection. No regulations adopted or amended by the Board pursuant to this subsection, however, shall establish requirements for any license, permit, or inspection unless such license, permit, or inspection is otherwise provided for in this title. The provisions of the Food and Drug Administration’s Food Code shall not apply to farmers selling their own farm-produced products directly to consumers for their personal use, whether such sales occur on such farmer’s farm or at a farmers’ market, unless such provisions are adopted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).D\n\nThe Board may issue advisory standards for the safe preparation, handling, protection, and preservation of food by entities exempt from the provisions of this title pursuant to § 35.1-25 or 35.1-26.E\n\nThe provisions of the Administrative Process Act (§ 2.2-4000 et seq.) shall not apply to the adoption of any regulation pursuant to subsection C if the Board of Agriculture and Consumer Services adopts the same edition of the Food Code, or the same portions thereof, pursuant to subsection B of § 3.2-5121 and the regulations adopted by the Board and the Board of Agriculture and Consumer Services have the same effective date. In the event that the Board 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 on or after the effective date of the regulations adopted by the Board of Agriculture and Consumer Services.\n\t\t\tNotwithstanding any exemption to the contrary, a regulation promulgated pursuant to subsection C shall be subject to the requirements set out in §§ 2.2-4007.03, 2.2-4007.04, and 2.2-4007.05, and shall be published in the Virginia Register of Regulations. After the close of the 60-day comment period, the Board may adopt a final regulation, with or without changes. Such regulation shall become effective 15 days after publication in the Virginia Register, unless the Board has withdrawn or suspended the regulation, or a later date has been set by the Board. The Board shall also hold at least one public hearing on the proposed regulation during the 60-day comment period. The notice for such public hearing shall include the date, time and place of the hearing.F\n\nThe Board shall adopt regulations pursuant to subsection C that allow the receipt for sale or service of rabbits that are slaughtered or processed in a facility that complies with regulations adopted by the Board of Agriculture and Consumer Services pursuant to the provisions of subsection H of § 3.2-5121.G\n\nRegulations adopted by the Board pursuant to this section shall not require an establishment that sells only prepared foods to have a certified food protection manager, as defined in § 35.1-1, on site during all hours of operation.","order_by":null,"text":{"0":{"id":207679,"text":"Regulations of the Board governing restaurants shall include but not be limited to the following subjects: (i) a procedure for obtaining a license; (ii) the safe and sanitary maintenance, storage, operation, and use of equipment; (iii) the sanitary maintenance and use of a restaurant’s physical plant; (iv) the safe preparation, handling, protection, and preservation of food, including necessary refrigeration or heating methods; (v) procedures for vector and pest control; (vi) requirements for toilet and cleansing facilities for employees and customers; (vii) requirements for appropriate lighting and ventilation not otherwise provided for in the Uniform Statewide Building Code; (viii) requirements for an approved water supply and sewage disposal system; (ix) personal hygiene standards for employees, particularly those engaged in food handling; (x) the appropriate use of precautions to prevent the transmission of communicable diseases; and (xi) training standards that address food safety and food allergy awareness and safety.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207680,"text":"In its regulations, the Board may classify restaurants by type and specify different requirements for each classification.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":207681,"text":"The Board may adopt any edition of the Food and Drug Administration’s Food Code, or supplement thereto, or any portion thereof, as regulations, with any amendments as it deems appropriate. In addition, the Board may repeal or amend any regulation adopted pursuant to this subsection. No regulations adopted or amended by the Board pursuant to this subsection, however, shall establish requirements for any license, permit, or inspection unless such license, permit, or inspection is otherwise provided for in this title. The provisions of the Food and Drug Administration’s Food Code shall not apply to farmers selling their own farm-produced products directly to consumers for their personal use, whether such sales occur on such farmer’s farm or at a farmers’ market, unless such provisions are adopted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":207682,"text":"The Board may issue advisory standards for the safe preparation, handling, protection, and preservation of food by entities exempt from the provisions of this title pursuant to § 35.1-25 or 35.1-26.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":207683,"text":"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 if the Board of Agriculture and Consumer Services adopts the same edition of the Food Code, or the same portions thereof, pursuant to subsection B of § 3.2-5121 and the regulations adopted by the Board and the Board of Agriculture and Consumer Services have the same effective date. In the event that the Board 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 on or after the effective date of the regulations adopted by the Board of Agriculture and Consumer Services.\n\t\t\tNotwithstanding any exemption to the contrary, a regulation promulgated pursuant to subsection C shall be subject to the requirements set out in §§ 2.2-4007.03, 2.2-4007.04, and 2.2-4007.05, and shall be published in the Virginia Register of Regulations. After the close of the 60-day comment period, the Board may adopt a final regulation, with or without changes. Such regulation shall become effective 15 days after publication in the Virginia Register, unless the Board has withdrawn or suspended the regulation, or a later date has been set by the Board. The Board shall also hold at least one public hearing on the proposed regulation during the 60-day comment period. The notice for such public hearing shall include the date, time and place of the hearing.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":207684,"text":"The Board shall adopt regulations pursuant to subsection C that allow the receipt for sale or service of rabbits that are slaughtered or processed in a facility that complies with regulations adopted by the Board of Agriculture and Consumer Services pursuant to the provisions of subsection H of § 3.2-5121.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":207685,"text":"Regulations adopted by the Board pursuant to this section shall not require an establishment that sells only prepared foods to have a certified food protection manager, as defined in § 35.1-1, on site during all hours of operation.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14483,"edition_id":1,"name":"Regulations","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":13789,"metadata":{},"date_created":"2026-06-26 03:48:18","date_modified":"2026-06-26 03:48:18","permalink":{"id":208165,"object_type":"structure","relational_id":14483,"identifier":"2","token":"35.1\/2","url":"\/35.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13789,"edition_id":1,"name":"Hotels, Restaurants, Summer Camps, and Campgrounds","identifier":"35.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:45:53","date_modified":"2026-06-26 03:45:53","permalink":{"id":208117,"object_type":"structure","relational_id":13789,"identifier":"35.1","token":"35.1","url":"\/35.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75966,"structure_id":14483,"section_number":"35.1-11","catch_line":"Regulations generally","url":"\/35.1-11\/","token":"35.1\/2\/35.1-11","metadata":false},{"id":80852,"structure_id":14483,"section_number":"35.1-12","catch_line":"Emergency orders and regulations; Commissioner vested with authority of Board","url":"\/35.1-12\/","token":"35.1\/2\/35.1-12","metadata":false},{"id":55879,"structure_id":14483,"section_number":"35.1-13","catch_line":"Regulations governing hotels","url":"\/35.1-13\/","token":"35.1\/2\/35.1-13","metadata":false},{"id":56754,"structure_id":14483,"section_number":"35.1-14","catch_line":"Regulations governing restaurants; advisory standards for exempt entities","url":"\/35.1-14\/","token":"35.1\/2\/35.1-14","metadata":false},{"id":76554,"structure_id":14483,"section_number":"35.1-14.1","catch_line":"Certain uses of sulfiting agents prohibited","url":"\/35.1-14.1\/","token":"35.1\/2\/35.1-14.1","metadata":false},{"id":79597,"structure_id":14483,"section_number":"35.1-14.2","catch_line":"Donations of food to charitable organizations","url":"\/35.1-14.2\/","token":"35.1\/2\/35.1-14.2","metadata":false},{"id":84176,"structure_id":14483,"section_number":"35.1-15","catch_line":"Training materials","url":"\/35.1-15\/","token":"35.1\/2\/35.1-15","metadata":false},{"id":64293,"structure_id":14483,"section_number":"35.1-15.1","catch_line":"Required human trafficking training","url":"\/35.1-15.1\/","token":"35.1\/2\/35.1-15.1","metadata":false},{"id":86593,"structure_id":14483,"section_number":"35.1-16","catch_line":"Regulations governing summer camps","url":"\/35.1-16\/","token":"35.1\/2\/35.1-16","metadata":false},{"id":72554,"structure_id":14483,"section_number":"35.1-17","catch_line":"Regulations governing campgrounds","url":"\/35.1-17\/","token":"35.1\/2\/35.1-17","metadata":false}],"previous_section":{"id":55879,"structure_id":14483,"section_number":"35.1-13","catch_line":"Regulations governing hotels","url":"\/35.1-13\/","token":"35.1\/2\/35.1-13","metadata":false},"next_section":{"id":76554,"structure_id":14483,"section_number":"35.1-14.1","catch_line":"Certain uses of sulfiting agents prohibited","url":"\/35.1-14.1\/","token":"35.1\/2\/35.1-14.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/35.1-14\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1981, chapter 468; in 1993, chapter 336; in 2003, chapter 695<\/a>; in 2004, chapter 802<\/a>; in 2007, chapters 873<\/a> and 916<\/a>; in 2015, chapters 356<\/a> and 528<\/a>; in 2018, chapter 674<\/a>; in 2022, chapter 393<\/a>.<\/p>","references":[{"id":69625,"section_number":"2.2-4002","catch_line":"Exemptions from chapter generally","order_by":null,"url":"\/2.2-4002\/"},{"id":66879,"section_number":"3.2-5121","catch_line":"Authority to adopt regulations; conformity with federal regulations; hearings; enforcement of article; review of regulations","order_by":null,"url":"\/3.2-5121\/"},{"id":69218,"section_number":"3.2-5508","catch_line":"Definitions","order_by":null,"url":"\/3.2-5508\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":54379,"section_number":"2.2-4007.03","catch_line":"Informational proceedings; effect of noncompliance","order_by":null,"url":"\/2.2-4007.03\/"},{"id":79050,"section_number":"2.2-4007.04","catch_line":"Economic impact analysis","order_by":null,"url":"\/2.2-4007.04\/"},{"id":68425,"section_number":"2.2-4007.05","catch_line":"Submission of proposed regulations to the Registrar","order_by":null,"url":"\/2.2-4007.05\/"},{"id":62113,"section_number":"2.2-4012.1","catch_line":"Fast-track rulemaking process","order_by":null,"url":"\/2.2-4012.1\/"},{"id":66879,"section_number":"3.2-5121","catch_line":"Authority to adopt regulations; conformity with federal regulations; hearings; enforcement of article; review of regulations","order_by":null,"url":"\/3.2-5121\/"},{"id":61152,"section_number":"35.1-1","catch_line":"Definitions","order_by":null,"url":"\/35.1-1\/"},{"id":54798,"section_number":"35.1-25","catch_line":"Exemptions","order_by":null,"url":"\/35.1-25\/"}],"permalink":{"id":208179,"object_type":"law","relational_id":56754,"identifier":"35.1-14","token":"35.1\/2\/35.1-14","url":"\/35.1-14\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/35.1-14\/","token":"35.1\/2\/35.1-14","dublin_core":{"Title":"Regulations governing restaurants; advisory standards for exempt entities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 35.1-14","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Regulations of the Board<\/span> governing restaurants shall include but not be limited to the following subjects: (i) a procedure for obtaining a license; (ii) the safe and sanitary maintenance, storage, operation, and use of equipment; (iii) the sanitary maintenance and use of a restaurant’s physical plant; (iv) the safe preparation, handling, protection, and preservation of food, including necessary refrigeration or heating methods; (v) procedures for vector and pest control; (vi) requirements for toilet and cleansing facilities for employees and customers; (vii) requirements for appropriate lighting and ventilation not otherwise provided for in the Uniform Statewide Building Code; (viii) requirements for an approved water supply and sewage disposal system; (ix) personal hygiene standards for employees, particularly those engaged in food handling; (x) the appropriate use of precautions to prevent the transmission of communicable diseases; and (xi) training standards that address food safety and food allergy awareness and safety. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In its regulations, the Board<\/span> may classify restaurants by type and specify different requirements for each classification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> may adopt any edition of the Food and Drug Administration’s Food Code, or supplement thereto, or any portion thereof, as regulations, with any amendments as it deems appropriate. In addition, the Board<\/span> may repeal or amend<\/span> any regulation adopted pursuant to this subsection. No regulations adopted or amended by the Board<\/span> pursuant to this subsection, however, shall establish requirements for any license, permit, or inspection unless such license, permit, or inspection is otherwise provided for in this title. The provisions of the Food and Drug Administration’s Food Code shall not apply to farmers selling their own farm-produced products directly to consumers for their personal use, whether such sales occur on such farmer’s farm or at a farmers’ market, unless such provisions are adopted in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span> may issue<\/span> advisory standards for the safe preparation, handling, protection, and preservation of food by entities exempt from the provisions of this title pursuant to § 35.1-25<\/a> or 35.1-26<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) shall not apply to the adoption of any regulation pursuant to subsection C if the Board<\/span> of Agriculture and Consumer Services adopts the same edition of the Food Code, or the same portions thereof, pursuant to subsection B of § 3.2-5121<\/a> and the regulations adopted by the Board<\/span> and the Board<\/span> of Agriculture and Consumer Services have the same effective date. In the event that the Board<\/span> of Agriculture and Consumer Services adopts regulations pursuant to § 2.2-4012.1<\/a>, the effective date of the Board<\/span>’s regulations may be any date on or after the effective date of the regulations adopted by the Board<\/span> of Agriculture and Consumer Services.\n\t\t\tNotwithstanding any exemption to the contrary, a regulation promulgated pursuant to subsection C shall be subject to the requirements set out in §§ 2.2-4007.03<\/a>, 2.2-4007.04<\/a>, and 2.2-4007.05<\/a>, and shall be published in the Virginia Register of Regulations. After the close of the 60-day comment period, the Board<\/span> may adopt a final regulation, with or without changes. Such regulation shall become effective 15 days after publication in the Virginia Register, unless the Board<\/span> has withdrawn or suspended the regulation, or a later date has been set by the Board<\/span>. The Board<\/span> shall also hold at least one public hearing<\/span> on the proposed regulation during the 60-day comment period. The notice for such public hearing<\/span> shall include the date, time and place of the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Board<\/span> shall adopt regulations pursuant to subsection C that allow the receipt for sale or service of rabbits that are slaughtered or processed in a facility that complies with regulations adopted by the Board<\/span> of Agriculture and Consumer Services pursuant to the provisions of subsection H of § 3.2-5121<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Regulations adopted by the Board<\/span> pursuant to this section shall not require an establishment that sells only prepared foods to have a certified food protection manager<\/span>, as defined in § 35.1-1<\/a>, on site during all hours of operation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREGULATIONS GOVERNING RESTAURANTS; ADVISORY STANDARDS FOR EXEMPT ENTITIES (\u00a7\n35.1-14)\n\nA. Regulations of the Board governing restaurants shall include but not be\nlimited to the following subjects: (i) a procedure for obtaining a license; (ii)\nthe safe and sanitary maintenance, storage, operation, and use of equipment;\n(iii) the sanitary maintenance and use of a restaurant’s physical plant;\n(iv) the safe preparation, handling, protection, and preservation of food,\nincluding necessary refrigeration or heating methods; (v) procedures for vector\nand pest control; (vi) requirements for toilet and cleansing facilities for\nemployees and customers; (vii) requirements for appropriate lighting and\nventilation not otherwise provided for in the Uniform Statewide Building Code;\n(viii) requirements for an approved water supply and sewage disposal system;\n(ix) personal hygiene standards for employees, particularly those engaged in\nfood handling; (x) the appropriate use of precautions to prevent the\ntransmission of communicable diseases; and (xi) training standards that address\nfood safety and food allergy awareness and safety.\n\nB. In its regulations, the Board may classify restaurants by type and specify\ndifferent requirements for each classification.\n\nC. The Board may adopt any edition of the Food and Drug Administration’s\nFood Code, or supplement thereto, or any portion thereof, as regulations, with\nany amendments as it deems appropriate. In addition, the Board may repeal or\namend any regulation adopted pursuant to this subsection. No regulations adopted\nor amended by the Board pursuant to this subsection, however, shall establish\nrequirements for any license, permit, or inspection unless such license, permit,\nor inspection is otherwise provided for in this title. The provisions of the\nFood and Drug Administration’s Food Code shall not apply to farmers\nselling their own farm-produced products directly to consumers for their\npersonal use, whether such sales occur on such farmer’s farm or at a\nfarmers’ market, unless such provisions are adopted in accordance with the\nAdministrative Process Act (§ 2.2-4000 et seq.).\n\nD. The Board may issue advisory standards for the safe preparation, handling,\nprotection, and preservation of food by entities exempt from the provisions of\nthis title pursuant to § 35.1-25 or 35.1-26.\n\nE. The provisions of the Administrative Process Act (§ 2.2-4000 et seq.)\nshall not apply to the adoption of any regulation pursuant to subsection C if\nthe Board of Agriculture and Consumer Services adopts the same edition of the\nFood Code, or the same portions thereof, pursuant to subsection B of §\n3.2-5121 and the regulations adopted by the Board and the Board of Agriculture\nand Consumer Services have the same effective date. In the event that the Board\nof Agriculture and Consumer Services adopts regulations pursuant to §\n2.2-4012.1, the effective date of the Board’s regulations may be any date\non or after the effective date of the regulations adopted by the Board of\nAgriculture and Consumer Services.\n\t\t\tNotwithstanding any exemption to the contrary, a regulation promulgated\npursuant to subsection C shall be subject to the requirements set out in\n§§ 2.2-4007.03, 2.2-4007.04, and 2.2-4007.05, and shall be published\nin the Virginia Register of Regulations. After the close of the 60-day comment\nperiod, the Board may adopt a final regulation, with or without changes. Such\nregulation shall become effective 15 days after publication in the Virginia\nRegister, unless the Board has withdrawn or suspended the regulation, or a later\ndate has been set by the Board. The Board shall also hold at least one public\nhearing on the proposed regulation during the 60-day comment period. The notice\nfor such public hearing shall include the date, time and place of the hearing.\n\nF. The Board shall adopt regulations pursuant to subsection C that allow the\nreceipt for sale or service of rabbits that are slaughtered or processed in a\nfacility that complies with regulations adopted by the Board of Agriculture and\nConsumer Services pursuant to the provisions of subsection H of § 3.2-5121.\n\nG. Regulations adopted by the Board pursuant to this section shall not require\nan establishment that sells only prepared foods to have a certified food\nprotection manager, as defined in § 35.1-1, on site during all hours of\noperation.\n\nHISTORY: Code 1950, \u00a7\u00a7 35-28, 35-32, 35-33, 35-34, 35-35, 35-36, 35-37; 1981,\nc. 468; 1993, c. 336; 2003, c. 695; 2004, c. 802; 2007, cc. 873, 916; 2015, cc.\n356, 528; 2018, c. 674; 2022, c. 393.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}