Don’t Get Burned: Virginia Food and Restaurant Laws

So, you have decided to open a restaurant or other supremely creative food business in Virginia.  Hopefully, you’ve formed a business with the Virginia State Corporation Commission, registered with the Virginia Department of Taxation and Virginia Employment Commission, and received your Federal Employer Identification number.  It’s time to fire up the kitchen and get cookin’!  But before you zest your limes and julienne your peppers, there are a few more steps that every food business owner should take.

In Virginia, all food establishments ranging from private home food preparation to commercial kitchen rentals and nation-wide restaurant chains are subject to Virginia Food Laws.   Virginia’s Department of Agriculture and Consumer Services (VDACS) enforces a number of laws and regulations that are determined by the type of food business you will be operating.

Home Kitchen Food Processing

If you plan on operating a full-time food business that yields high volumes of products, the use of a commercial kitchen may be helpful and, ultimately, become necessary.  Many commercial kitchens are available for rent in Virginia.  Whether you decide to rent a full-sized commercial kitchen, or save money by using a shared kitchen, the establishment must pass VDACS inspection before you launch your operation.  Tour the facilities and confirm that the commercial kitchen has obtained all the necessary permits before signing any leases or agreements.   Keep in mind that your local health department may also require you to obtain certain licenses, certificates and/or proof of insurance in order to sign a lease to a kitchen.

Depending on the type and volume of your food products, your business may fall under the limited category of Home Kitchen Food Processing.  If so, you may be eligible for exemptions to the VDACS inspection.  This category includes:

Private homes where the resident processes and prepares candies, jams, and jellies not considered to be low-acid or acidified low-acid food products and baked goods that do not require time or temperature control after preparation if such products are: (i) sold to an individual for his own consumption and not for resale; (ii) sold at the private home or at farmers markets; and (iii) labeled “NOT FOR RESALE – PROCESSED AND PREPARED WITHOUT STATE INSPECTION.” (Virginia Code § 3.2-5130)

Virginia Code § 3.2-5130 was amended on July 1, 2013 to broaden the scope of the types of prepared foods considered for this exception.   You can determine if your food products conform with these provisions by checking the VDACS website.

Many times, people and businesses who prepare food at home get their start by selling their products at local farmer’s markets.  You simply tie up your homemade baked bread, hand-blended loose leaf tea and fresh produce and arrange a Pinterest-worthy table, right?  Wrong.  Farmer’s markets will often have vendor contracts with specific requirements to confirm your compliance with applicable health and food preparation laws, so be sure to inform yourself of the terms and confirm that you meet all requirements.  The last thing you want is for an unfortunate consumer experience to be associated with a failure to meet those conditions – that, ladies and gentlemen, is how a cookie crumbles.

VDACS Food Safety

Once you have determined the type of kitchen you will be operating, you’ll want to fully consider the VDACS food safety compliance regulations.  These may require:

• A description of your food preparation methods, ingredients, recipes, product labels and water samples, and other food product specifics.
• Additional approval or certifications from the FDA if your food product involves acidified foods, such as pickled products, or products containing garlic in olive oil.
• Inspection by a Food Safety Specialist.

Finally, prepare your business for the regulations administered by the Virginia Board of Health as well as your local health department.  These include, but are not limited to:

• Obtaining a permit to operate your food establishment.
• Compliance with Consumer Advisories Requirements, safe food handling and storage requirements, equipment requirements and other safe food preparation practices.
• Enforcement of an approved Employee Health Policy.
• Compliance with applicable food labeling laws and regulations.

Local Health Departments

Confirm with your local health department that you have met all requirements.  Each county has its own unique set of regulations.  Refer to the following contact information for local health departments in the New River Valley:

Floyd County Health Department
123 Parkview Road SE
Floyd, VA 24091
Phone: (540) 745-2142
Fax: (540) 745-4929

Giles County Health Department
120 North Main Street
Pearisburg, VA 24134
Phone: (540) 235-3135
Fax: (540) 921-1335

Montgomery County Health Department ~District Headquarters
210 S. Pepper Street Suite A
Christiansburg, VA 24073
Phone: (540) 585-3300
Fax: (540) 381-7109

Pulaski County Environmental Health Department
143 3rd Street NW-Suite 4
Pulaski, VA 24301
Phone: (540) 440-2166
Fax: (540) 994-5039

Radford City Health Department
212 Third Avenue
Radford, VA 24141
Phone: (540) 267-8255
Fax: (540) 831-6109

and in the Richmond area:

Chesterfield County Health Department
9501 Lucy Corr Circle
P.O. Box 100
Chesterfield, VA 23832
Phone: (804) 748-1691

Colonial Heights Health Department
200 Highland Avenue
P.O. Box 3401
Colonial Heights, VA 23834
Phone: (804) 520-9222

Powhatan Health Department
3908 Old Buckingham Road, Suite #1
P.O. Box 12
Powhatan, VA 23139
Phone:  (804) 598-5680

Henrico County Health Department
1400 N. Laburnum Avenue
Richmond, VA 23223
Phone:  (804) 652-3190

Hanover Health Department
12312 Washington Highway
Ashland, VA 23005
Phone:  (804) 365-4313

Richmond City Health Department
400 E. Cary Street
Richmond, VA 23219
Phone:  (804) 205-3500