TITLE 12. HEALTH

STATE BOARD OF HEALTH

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending 12VAC5-421, Food Regulations. The Food Regulations (12VAC5-421) establish minimum sanitary standards for the operation of food establishments, which include traditional restaurants, mobile food units, temporary food establishments, hospitals, nursing facility food service, and school food service. The State Board of Health adopts the most recent version of the U.S. Food and Drug Administration (FDA) Food Code into 12VAC5-421 through an exempt action that does not require extensive stakeholder involvement. In contrast, this intended regulatory action addresses updates outside of the FDA Food Code and will follow the full regulatory process that includes input from stakeholders and industry representatives, aiming to address emerging and evolving business models in the retail food industry, such as mobile food units (MFUs) and temporary food establishments (TFEs). Amendments may also provide other necessary clarifications to the regulation.

Unlike traditional food establishments that operate from fixed locations with established infrastructure, MFUs and TFEs are inherently mobile and temporary, often operating in diverse environments with varying access to necessary resources. MFUs typically function year-round, requiring consistent infrastructure and equipment, while TFEs operate for no more than 14 consecutive days during specific events, such as festivals or fairs. These operational differences necessitate tailored regulations to address unique challenges. By revising the regulations to separately define and govern MFUs and TFEs, Virginia can ensure more effective oversight, reduce public health risks, and provide clearer guidance to operators, ultimately fostering a safer and more efficient food service environment.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 35.1-11 and 35.1-14 of the Code of Virginia.

Public Comment Deadline: July 29, 2026.

Agency Contact: Lance Gregory, Director, Office of Environmental Health Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7491, fax (804) 864-7475, or email lance.gregory@vdh.virginia.gov.