TITLE 12. HEALTH
                REGISTRAR'S NOTICE: The  State Board of Health is claiming an exemption from the Administrative Process  Act in accordance with § 2.2-4006 A 3, which excludes regulations  that consist only of changes in style or form or corrections of technical  errors. The State Board of Health will receive, consider, and respond to  petitions by any interested person at any time with respect to reconsideration  or revision.
         Titles of Regulations: 12VAC5-130. Notice and  Description of Shellfish Area Condemnation (repealing 12VAC5-130-10).
    12VAC5-140. Notices of Establishment and Description of  Seasonally Condemned Areas at Marina Facilities (repealing 12VAC5-140-10).
    12VAC5-160. Regulations for the Sanitary Control of the  Picking, Packing and Marketing of Crab Meat for Human Consumption (repealing 12VAC5-160-60 through  12VAC5-160-1080).
    12VAC5-180. State Plan for the Administration of the  Virginia Shellfish Sanitation Program (repealing 12VAC5-180-10).
    Statutory Authority: § 28.2-801 of the Code of  Virginia.
    Effective Date: November 15, 2009. 
    Agency Contact: Bob Croonenberghs, Ph.D., Director,  Shellfish Sanitation, Department of Health, 109 Governor Street, Richmond, VA  23219, telephone (804) 864-7477, or email bob.croonenberghs@vdh.virginia.gov.
    Background: 12VAC5-130 and 12VAC5-140 were created in  connection with the State Health Commissioner's authority to issue  condemnations on a case-by-case basis pursuant to law. At the advent of the  Virginia Administrative Code, some confusion existed on what should be included  and these two chapters were incorporated, perhaps out of a desire to err on the  side of being overly inclusive.
    Certain provisions of 12VAC5-160 were adopted in 1965. The  outcome of the adoption process ended with five general, noncontroversial rules  adopted as "regulations" and numerous specific details, some of which  were controversial and adopted as "standards," although they appear  as regulatory requirements. When the Virginia Administrative Code was set up,  the "standards" and the "regulations" were combined  together and all were put forward as regulations. At the advent of the Virginia  Administrative Code, some confusion existed on what should be included. In  short, the agency sought to be overly inclusive in what it determined to be  "regulation." The board has decided to remove these "standards"  (Parts II through XVIII) from VAC since they do not have the force of law.  Following a court case in which 12VAC5-160 was challenged, and upon advice of  the Office of the Attorney General, received October 20, 2008, the agency has  determined that text purporting to be regulations contained in 12VAC5-160-60  through 12VAC5-160-1080 were never properly promulgated or adopted. This text  was, in fact, erroneously certified to the Registrar of Regulations as being  effective regulations when the Virginia Administrative Code was compiled. Based  on advice from the Office of the Attorney General, this erroneous certification  was a technical error, which qualifies the action to repeal these regulations  as exempt from the Administrative Process Act pursuant to § 2.2-4006 A 3 of the  Code of Virginia.
    12VAC5-180 contains a plan of correction that the Department of  Health entered into with federal authorities. The agency has long achieved and  maintained compliance with the federal requirements at issue and, like the  texts discussed above, this plan's inclusion was brought about by an overly  inclusive net in determining what is regulation, and should be deleted from VAC  in this housekeeping step.
    Summary:
    This regulatory action repeals three entire chapters  (12VAC5-130, 12VAC5-140, and 12VAC5-180) of the Virginia Administrative Code  and Parts II through XVIII of 12VAC5-160 as the State Board of Health has  determined that these regulations were inadvertently promulgated as  regulations.
    Part II 
  Water Supply 
    12VAC5-160-60. Requirements generally. (Repealed.)
    The water supply shall meet the State Health Department  requirements for a public water supply. Existing supplies which do not fully  meet these requirements may be accepted provided construction and bacterial  quality are satisfactory. 
    12VAC5-160-70. Cross-connections. (Repealed.)
    There shall be no cross-connections between an approved  supply and an unapproved supply. 
    12VAC5-160-80. Unapproved sources. (Repealed.)
    Water from an unapproved source shall not be used in any  part of the plant, nor in the cooking and dock area where cooked crabs are  handled in any manner. 
    12VAC5-160-90. Wells. (Repealed.)
    Wells should be located at least 50 feet horizontally from  mean high water in ground having a surface elevation of at least three feet  above mean high water. Where conditions do not permit these distances to be met  special design features will be required. 
    12VAC5-160-100. Sufficient water. (Repealed.)
    Sufficient water shall be available under pressure for all  plant needs. 
    Part III 
  Sewage Disposal 
    12VAC5-160-110. Discharge into public sewers. (Repealed.)
    Sewage shall be discharged into public sewers wherever  possible. Where private sewage disposal systems must be utilized, they shall be  constructed according to state and local requirements; provided, that privies  shall be acceptable only where water-carriage systems are not feasible. 
    12VAC5-160-120. Sewage facilities. (Repealed.)
    Privies, septic tanks and subsurface tile systems shall be  located at least 50 feet horizontally from mean high water in ground having a  surface elevation of at least three feet above mean high water. 
    Part IV 
  Plant Arrangement 
    12VAC5-160-130. Separate rooms. (Repealed.)
    Separate rooms shall be provided for the picking and  packing of crab meat. 
    12VAC5-160-140. Facilities for cooling cooked crabs. (Repealed.)
    A room separate from that provided for in 12VAC5-160-130  shall be provided for the cooling of cooked crabs except where suitable  arrangements are made in the picking room for this purpose; and except where  suitable arrangements are made in the cooking room for this purpose, provided  that while it is being used for cooling cooked crabs it shall not be used for  the handling or storage of uncooked crabs, and further provided that the  construction and arrangement shall give adequate protection to the cooked crabs  from flies, insects, rodents, dust, plant traffic and the washing down  operation. This room and refrigeration room for cooked crabs, if provided,  shall open directly into the picking room, or screened in area or passageway  through which crabs are transported after cooling. 
    12VAC5-160-150. Facilities for cooking crabs. (Repealed.)
    A room or roofed-over area separate from that provided for  in 12VAC5-160-130 and 12VAC5-160-140, in or adjoining the plant, shall be  provided for the cooking of crabs. 
    12VAC5-160-160. Routine operation. (Repealed.)
    Adequate space shall be provided for all routine  operations. 
    12VAC5-160-170. Space for pickers. (Repealed.)
    Adequate space shall be provided for each picker. Minimum  spacing shall be (i) six feet between picking tables when pickers are sitting  back to back; (ii) five feet between picking table and plant equipment when  pickers are sitting on equipment side of table; (iii) five feet between picking  table and wall beside which there is a service-passageway, when pickers are  sitting on the service-passageway side of the table; (iv) four feet between  wall and table when pickers are sitting between table and wall beside which  there is no passageway; (v) and three linear feet of table per picker except  plants in operation at the time of the adoption of these standards having  spacings approved, which are less than the preceding five- and six-foot  requirements, shall be permitted to continue to use such approved spacings  provided they are not less than 4-1/2 feet. 
    12VAC5-160-180. Employee storage space. (Repealed.)
    Rooms or lockers shall be provided accessible from the  picking and packing rooms for storing clothing and aprons of the employees. It  is permissible to use one room for a lunch and clothing room provided it is  adequate in size for both purposes. 
    12VAC5-160-190. Lockers. (Repealed.)
    Well constructed "pigeonholes" or lockers shall  be provided in the picking and packing rooms for pocketbooks, lunches and other  small personal articles if such articles are kept in these rooms. 
    12VAC5-160-200. Storage rooms. (Repealed.)
    Protected storage rooms or areas shall be provided for the  containers in which crab meat is to be packed, and for shipping barrels, boxes  or containers. 
    12VAC5-160-210. Backing or bobbing of crabs. (Repealed.)
    Where "backing" or "bobbing" of crabs  is practiced, it shall be done in an approved area separate from the picking  and packing operations. 
    12VAC5-160-220. Retail activity. (Repealed.) 
    Where there is retail activity, the area used by customers  shall be partitioned off from the packing room. 
    12VAC5-160-230. New construction. (Repealed.)
    On new construction floor levels shall be at least three  feet above mean high water. 
    Part V 
  Floors, Walls and Ceilings 
    12VAC5-160-240. Floors. (Repealed.)
    Floors shall be constructed of high quality concrete or  other material impervious to water, graded to drain quickly, free from cracks,  ruts, and uneven surfaces that interfere with proper cleaning or drainage, and  maintained in good repair; provided, that floors of storage rooms for  containers into which crab meat is to be packed, and for shipping barrels,  boxes, or containers, and also rooms used for the storing of clothing, need not  be impervious or graded to drain. 
    12VAC5-160-250. Walls and ceilings. (Repealed.)
    Interior walls and ceilings of plant shall be of tile,  concrete, cement plaster, concrete blocks, painted wood, or equivalent material  maintained in good repair, having a smooth, washable light colored surface  which will endure repeated washings, free from cracks, ledges, and shelves  where dust and debris may collect. Doors and windows shall be properly fitted  and maintained in good repair. 
    Part VI 
  Vermin Control 
    Article 1 
  Flies 
    12VAC5-160-260. Screening. (Repealed.)
    Any opening through which flies can enter any section of  the plant, other than the cooking room or area if unenclosed, shall be  effectively covered with screening of not less than 16 mesh per inch and  maintained in good condition; except that well-fitted solid doors may be used  instead of screen doors. 
    12VAC5-160-270. Doors and windows. (Repealed.)
    Screen doors and windows shall be well-fitted. 
    12VAC5-160-280. Main doors. (Repealed.)
    At the main passage doors, a fan mounted above the door  opening with the stream of air filling the space and directed downward, or  vestibule with two self-closing doors located far enough apart so that one  person or conveyance passing through will not have both open at the same time,  or other effective means, shall be provided to keep out flies. 
    12VAC5-160-290. Shipping doors. (Repealed.)
    Doors through which the finished product is removed for  shipping, if so located that flies can enter to processing parts of the plant,  shall have a fan mounted above with the stream of air filling the space and  directed downward, or be provided with other effective means to keep out flies.  
    12VAC5-160-300. Inside toilets. (Repealed.)
    Inside toilets shall have vestibules or equal, with two  self-closing doors far enough apart so that one person passing through will not  have both open at the same time; or shall be so located in the plant that a  self-closing door in addition to the self-closing door on the toilet room  itself will be between the toilet and any processing portion of the plant. 
    12VAC5-160-310. Outside toilets. (Repealed.)
    Privies and outside toilets shall be fly tight with  self-closing doors opening outward. 
    12VAC5-160-320. Maintenance. (Repealed.)
    Fly protection shall be adequate and maintained. 
    12VAC5-160-330. Prevention of fly breeding. (Repealed.)
    Conditions arising from the operation of the plant or  related industry as the result of improper handling of crab scrap and crab  shells, which promote fly breeding in nearby areas surrounding the plant, shall  be prevented. 
    Article 2 
  Rodents, Roaches, Etc. 
    12VAC5-160-340. Requirement. (Repealed.)
    The entire plant shall be rodent proof and so maintained. 
    12VAC5-160-350. Continued program. (Repealed.)
    The plant manager shall carry on a continued surveillance  program of plant and premises. Where the presence of rodents, roaches, etc., is  evidenced, extermination measures shall be immediately begun. Extermination  should preferably be done by licensed pest control operators. 
    12VAC5-160-360. Use of poisons. (Repealed.)
    Rodenticides and insecticides shall not be used in any way  as to contaminate the product, equipment or utensils, nor to constitute hazards  to employees. 
    12VAC5-160-370. Storage of poisons. (Repealed.)
    Rodenticides which are highly toxic to humans shall not be  stored in processing plants. 
    12VAC5-160-380. Toxicity of poisons. (Repealed.)
    Rodenticides and insecticides needed to be kept on hand  shall be low in toxicity to humans, prominently labeled and stored in cabinets  which are used for no other purpose. 
    Part VII 
  Lighting, Heating and Ventilation 
    12VAC5-160-390. Requirements. (Repealed.)
    Ample natural or artificial light shall be provided in all  working and storage rooms or areas, including toilets and privies. 
    The table below constitutes ample lighting: 
           | Type of Area
 | Foot-Candles of Illumination*
 | 
       | Working surfaces in packing rooms
 | 25
 | 
       | Picking tables and utensil washing areas
 | 25
 | 
       | Storage room, cold-storage rooms, toilets or privies
 | 5**
 | 
       | *Approximate - measure as incident light
 | 
       | **Measured 30 above floor.
 | 
  
    12VAC5-160-400. Temperature. (Repealed.)
    A comfortable working temperature shall be maintained in  the picking and packing rooms. 
    12VAC5-160-410. Ventilation. (Repealed.)
    Ventilation shall be sufficient to eliminate odors,  discomfort, and excessive condensation. 
    Part VIII 
  Plumbing, Cooking and Heating, Utensil Washing Facilities, Hand Washing  Facilities, and Toilets or Privies 
    12VAC5-160-420. Plumbing in new construction. (Repealed.)
    In new construction plumbing shall be installed and  maintained in compliance with applicable local codes, except where there are  none, in which event installations shall be made in compliance with the  Virginia State Plumbing Code. 
    12VAC5-160-430. Plumbing design. (Repealed.)
    Plumbing facilities and equipment shall be constructed and  located so as to permit no splashing of water onto picking tables, packing  tables, meat to be or already packed, packing cans, picking pans in transit,  unpicked cooked crabs, or shelf of the window through which picked crab meat is  delivered to the packing room. This equipment shall be so placed as to  facilitate the flow of plant activities, and in relation to use, while at the  same time avoiding crowded conditions. 
    12VAC5-160-440. Water connections. (Repealed.)
    Easily accessible and ample water connections with  standard faucet and hose-bib shall be provided in all working areas in the  plant to facilitate washing and cleansing of plant and equipment. Hoses shall  be continually available in each main working area. 
    12VAC5-160-450. Overhead lines. (Repealed.)
    There shall be no overhead sewers or drain lines in the  plant except they may be placed above offices and toilet rooms. 
    12VAC5-160-460. Pressure cookers. (Repealed.)
    Pressure cookers shall be equipped with a pressure gauge  and a vent for exhausting air. This and any other vent, drain or exhaust outlet  shall terminate at least two feet above mean high water. Pressure gauges,  exhaust vents, drains and relief valves on the pressure cookers shall be so  designed that they can be easily maintained in working condition. 
    12VAC5-160-470. Hot water. (Repealed.)
    Hot water sufficient for all plant needs shall be supplied  by coils in the steam boiler, if automatically fired, or by an automatically  controlled hot water heater. 
    12VAC5-160-480. Sinks. (Repealed.)
    A. A double-compartment sink of the laundry type or better  shall be provided in the picking room for every 30 pickers. Each compartment  shall be provided with hot and cold water faucets. The drain shall not be  directly connected to a sewer. These facilities shall be used for washing pans  and utensils, and shall not be used for hand washing. 
    B. Adjacent to the facilities required by subsection A of  this section, a container of suitable construction shall be provided for the  sole purpose of dipping picking pans in an approved sanitizing solution of  adequate strength. 
    C. During the day's operation, both of the compartments of  the double-compartment sink shall be used for cleansing the picking pans under  running water (no standing water permitted except at the end of the day's run);  after cleansing, the pans shall be dipped into the container of sanitizing  solution; pans shall be cleansed and sanitized after each delivery of crab meat  to the picking room. 
    D. At the end of the day's run, one compartment of the  double-compartment sink shall be filled with hot water and cleanser or  detergent, and used for the cleansing of the utensils; the solution of water  and cleanser or detergent shall be changed as frequently as necessary to assure  thorough cleaning of all utensils. The other compartment of the  double-compartment sink shall be kept free of standing water and used, first  for rinsing the meat from the utensils before cleansing, and second for rinsing  the wash water from the utensils after cleansing. 
    E. It is suggested that one individual be assigned to each  double-compartment sink to wash all utensils rather than have each picker wash  his own. 
    F. Detergents and other cleansers and supplies shall be  kept available at utensil washing sinks. 
    12VAC5-160-490. Hand washing facilities. (Repealed.)
    A. There shall be one hand washing lavatory or equal  located in the picking room for every 20 pickers, except in new construction  which shall meet applicable local codes; where there are no local codes,  installations shall be made in compliance with the Virginia State Plumbing  Code. 
    B. There shall be one hand washing lavatory located in the  packing room for use by packing room employees. 
    C. Hand washing lavatories shall be conveniently located  and also shall be so located that the person responsible for supervision can  readily observe that employees wash their hands before beginning work and after  each absence from post of duty or hand contact with unprotected or contaminated  surfaces. 
    D. Hand washing lavatories shall be provided with an  approved (designed for the facility) combination faucet unless the hot water  faucet is connected to a controlled temperature source that will provide a  water temperature of at least 100°F, with a maximum of 115°F, and shall be suitably  drained to prevent splashing on the floor where the facilities are in use. 
    E. Adjacent to these lavatories a container of suitable  construction shall be provided for the sole purpose of sanitizing the hands in  an approved solution of adequate strength. 
    F. There shall be a supply of liquid or powdered soap and  single use towels, with proper dispensing facilities, available within reach of  the lavatories. 
    G. Lavatories shall be maintained in proper operating  condition and kept free of standing water. 
    H. Appropriate hand washing signs shall be posted in  toilets or privies, and at conspicuous places in both packing and picking  rooms, and at the hand washing lavatories. 
    I. Lavatories shall be used for hand washing only and  shall not be used for washing picking pans or other utensils. 
    J. Lavatories shall be so located as to minimize the  possibility of these facilities being used for washing picking pans or other  utensils, that is, away from the picking pan and utensil washing facilities. 
    12VAC5-160-500. Toilet or privy requirements. (Repealed.)
    A. At least one water closet or privy seat shall be  provided for every 20 employees; except in new construction of water closets  which shall meet applicable local codes; where there are no local codes,  installations shall be made in compliance with the Virginia State Plumbing  Code. 
    B. Separate toilets or privies conveniently located shall  be provided for each sex. 
    C. Maintenance and operation shall be such that toilets or  privies (room and fixtures) are properly illuminated (illumination table in  12VAC5-160-390), ventilated, kept clean, provided with tissue and dispenser;  wastes are inaccessible to flies and rodents; and there is no evidence of  outside human defecation or urination about the plant premises. Ventilation  shall be by direct opening to the outer air or exhaust fans designed to move  air at a rate of two cu. ft./min./sq. ft. of floor area. 
    Part IX 
  Construction of Equipment and Utensils 
    12VAC5-160-510. Tables. (Repealed.)
    A. New picking and packing tables shall be made with metal  frames and legs; construction joints shall be made by welding and ground to a  smooth surface; table top food contact surfaces shall be made without seams or  butt joints; table tops shall be made of type 302 or 304 stainless steel, No. 4  finish or better on exposed surfaces, and 18 gauge or heavier; except that  construction and material may be better than here stated; and fabrication shall  be such as to avoid accumulation of organic material at edge and underside of  table and be easily cleanable. 
    B. Frames and legs of existing tables, if not of corrosion  resistant metal, shall be of smooth finish and painted a light color with  washable paint. 
    C. Seams, joints, nail or screw heads in existing tables  shall be filled with solder and dressed to a smooth surface and so maintained. 
    D. If wall tables are used, the backs of the tables shall  extend at least 24 inches upward; except for existing wall tables in use at the  time of adoption of these standards. 
    12VAC5-160-520. Stools. (Repealed.)
    Stools shall be of finished wood or better, painted a  light color with washable paint, and so constructed that all hand contact  surfaces can be easily cleaned and sanitized. Seat cushions shall be permitted  only if they are securely fastened and do not cover entire seat, thus  minimizing the probability of hand contact with cushions. 
    12VAC5-160-530. Equipment for transporting cooked crabs.  (Repealed.)
    Dumping boards or platforms, tubs or other conveyances for  transporting cooked crabs, tray or stand for scales, tray on scales, pickers'  pans and "backed" and "bobbed" crab-washers shall be  constructed of a corrosion-resistant, nontoxic, nonabsorbent material which  will not readily crack, buckle or disintegrate. Surfaces contacting cooked  crabs or picked meat shall have no exposed screw, bolt or rivet heads.  Equipment shall be constructed so as to be easily cleanable and maintained in  good repair. In new equipment, joints in the contact areas shall be welded and  ground to a smooth finish. Internal angles of fabrication shall be filleted or  have an internal radius of at least 1/4 inch. 
    12VAC5-160-540. Utensils. (Repealed.)
    "Lap boards," knives, "claw breakers,"  and the scoop and handle socket portions of crab and ice shovels shall be of  one piece corrosion-resistant metal, easily cleanable, and maintained in good  repair. 
    12VAC5-160-550. Transport of retort baskets. (Repealed.)
    Carts, hand trucks, dollies, etc., used for transporting  retort baskets from cookers to cooling rooms or storage, and racks in these rooms  to support the baskets above the floor, shall have contact surfaces of smooth  corrosion-resistant metal. Frames, if not of corrosion-resistant metal, shall  be of smooth finish and painted with a washable paint. 
    12VAC5-160-560. New processes. (Repealed.)
    Equipment of new design necessitated by new processes  shall be reviewed with the Division of Shellfish Sanitation before it is put  into operation. 
    Part X 
  Supervision 
    12VAC5-160-570. Compliance responsibility. (Repealed.)
    The owner or plant manager shall either personally  supervise or shall designate an individual to supervise and be responsible for  the compliance with the sections of this manual which apply to plant  sanitation, personnel, and operation. Practices observed which might  contaminate cooked crabs or crab meat, or otherwise tend to produce an  unacceptable product, even though not covered specifically in the manual, shall  be immediately stopped. 
    Part XI 
  Health and Cleanliness of Personnel 
    12VAC5-160-580. Diseases and infections. (Repealed.)
    Persons, while affected with a disease in a communicable  form, or while a carrier of such disease, or while afflicted with boils,  infected wounds, or an acute respiratory infection, shall be excluded from the  plant. 
    12VAC5-160-590. Daily checks. (Repealed.)
    Daily observations or inquiries of employees shall be made  by the manager or supervisor to detect any sign of illness among employees. 
    12VAC5-160-600. Reports required. (Repealed.)
    Report shall be made to the local health authority when an  employee is known or suspected of having a disease in communicable form. 
    12VAC5-160-610. Hand cleanliness. (Repealed.)
    Employees shall wash their hands thoroughly with warm  water and soap, then dip them in an approved sanitizing solution before  beginning work and prior to returning to work after leaving working area, or  after contact with any unprotected surface or other source of contamination.  Fingernails shall be short and clean, and rings shall not be worn while  working. 
    12VAC5-160-620. Clean garments and aprons. (Repealed.)
    Pickers, packers, and handlers of unpicked cooked crabs or  picked meat shall wear clean outer garments and aprons. Aprons shall cover the  front and sides of body. Caps or hair nets shall cover the hair. Arms shall be  bare to the elbow or covered with approved type arm guards. Any type of  protective clothing employing ruffles and gathering of material, as well as  scrap plastic, shall not be used. 
    12VAC5-160-630. Food and tobacco. (Repealed.)
    Employees shall not eat any food or use tobacco in any  form in the picking or packing rooms. 
    Part XII 
  Cooling and Picking of Cooked Crabs 
    12VAC5-160-640. Cooling of hot crabs. (Repealed.)
    Cooked crabs shall be immediately moved while hot into the  cooling rooms or other protected area. 
    12VAC5-160-650. Picking of crabs. (Repealed.)
    Cooked crabs shall be picked as soon as practical after  cooking and cooling. 
    12VAC5-160-660. Hot weather. (Repealed.)
    During hot weather operation, where refrigeration rooms  are available, cooked crabs shall be chilled immediately after cooling and kept  chilled until picked. Uncooked crabs, bait, fish, etc., shall not be stored in  these cooling and chilling rooms while they are being used for the storage of  cooked crabs. 
    12VAC5-160-670. Handling of crabs. (Repealed.)
    As cooked crabs are removed from refrigeration room, care  shall be taken to handle only small quantities to prevent undue warming of  crabs before and during picking. 
    12VAC5-160-680. Contamination prevention. (Repealed.)
    Every precaution shall be taken to prevent contamination  of cooked crabs during routine operation. 
    12VAC5-160-690. Sanitation of surfaces. (Repealed.)
    Hand contact surfaces of chairs, stools, and picking  tables as well as picking table tops shall be sanitized, and the table tops  rinsed with potable water prior to beginning each day's operation. 
    12VAC5-160-700. Picking knives. (Repealed.)
    Picking knives shall be cleaned, sanitized, and rinsed  before beginning work and shall not be padded with paper towels or rags. 
    12VAC5-160-710. Cleaning of tables. (Repealed.)
    All crabs shall be "picked off" tables at least  every four hours and the tables cleaned. 
    12VAC5-160-720. Sanitizing solutions. (Repealed.)
    Separate sanitizing solutions, which shall not be used  interchangeably, shall be maintained at proper strength during operations for  pickers' hands, picking pans, and packing cans. Solutions shall be changed  frequently enough to prevent accumulation of organic particles. 
    12VAC5-160-730. Paper towels. (Repealed.)
    Paper towels shall be provided for the pickers to wipe  their hands on during the picking operation. 
    Part XIII 
  Packing of Crab Meat 
    12VAC5-160-740. Packing temperature. (Repealed.)
    Picked crab meat shall be packed and cooled to an internal  temperature of 40°F or less within four hours after picking. 
    12VAC5-160-750. Sanitizing solutions. (Repealed.)
    Separate sanitizing solutions, which shall not be used  interchangeably, shall be maintained at proper strength during operations for  packers' hands and packing cans. Solutions shall be changed frequently enough  to prevent accumulation of organic particles. 
    12VAC5-160-760. Equipment surfaces. (Repealed.)
    Surfaces of packing room equipment which come in contact  with crab meat shall be sanitized and rinsed with potable water prior to  beginning each day's operation and cleaned and sanitized at least every two  hours thereafter. Wash down hoses shall not be allowed to come in contact with  these surfaces. 
    12VAC5-160-770. Picking records. (Repealed.)
    Chits or checks shall not be used. Records of quantities  of meat picked by individuals may be kept in a ledger at the delivery window,  or on a tally board, or by other sanitary methods. 
    12VAC5-160-780. Overages. (Repealed.)
    Overages shall not be returned to pickers. 
    12VAC5-160-790. Repacking of meat. (Repealed.)
    Repacking of crab meat which has been picked or processed  in another plant shall not be allowed. 
    12VAC5-160-800. Labeling requirements. (Repealed.)
    If mixing or blending of fresh, frozen, or pasteurized  crab meat is done, the packing container label shall accurately identify  contents. 
    Part XIV 
  Refrigeration of Crab Meat 
    12VAC5-160-810. Refrigeration room requirements. (Repealed.)
    Refrigeration rooms for the packed product, which may be  used for the infrequent storage of cooked crabs, shall be of sanitary  construction with an impervious floor graded to drain quickly. The room shall  be so constructed that it will not receive drainage from other portions of the  plant. Drains shall not be connected directly to a sewer. Uncooked crabs, bait,  fish, or related items shall not be stored in this room while it is being used  for the storage of crab meat or cooked crabs; except that if the room is large  enough a part may be partitioned off for the storage of these items, provided  that the partition is at least four feet high and constructed of impervious,  easily cleanable material and that drainage from this part does not reach the  packed product area, and further provided that cooked crabs shall not be stored  in this room when any of these items are present. 
    12VAC5-160-820. Ice boxes. (Repealed.)
    Ice boxes for the packed product shall be of sanitary  construction with an impervious lining and have an effective drain. 
    12VAC5-160-830. Size of rooms. (Repealed.)
    The refrigeration room or ice box shall be large enough and  so constructed that a full day's production, with ice, can be conveniently  stored. A thermometer shall be located in the room or box. 
    12VAC5-160-840. Ice sources. (Repealed.)
    Ice shall preferably be manufactured in the plant,  otherwise it shall be obtained from an approved source. Packers purchasing  crushed ice shall secure it from dealers who handle, crush, and deliver it in a  sanitary manner. 
    12VAC5-160-850. Block ice. (Repealed.)
    Block ice shall be properly stored to avoid contact with  contaminated surfaces and shall be thoroughly washed on an elevated metal stand  or grating with a hose provided for this purpose before it is placed in the  crushing machine. A corrosion-resistant container shall be provided to catch  the crushed ice falling from the crusher. Where the crusher is located in a  protected portion of the refrigeration room, this container is not required. 
    12VAC5-160-860. Cleaning of equipment. (Repealed.)
    All facilities and equipment employed in handling or  preparing ice for use shall be used for no other purpose and shall be cleaned  each day the plant is in operation. Shovels shall be hung or stored in a  protected manner when not in use. 
    12VAC5-160-870. Storing ice. (Repealed.)
    Where it is necessary to have ice in the packing room a  metal-lined container or compartment of sanitary construction shall be provided  for the sole purpose of storing such ice manufactured in the plant, purchased  crushed ice, or block ice that has been crushed in the plant; except that clean  wooden barrels for shipping crab meat may be used for this purpose. 
    Part XV 
  Handling of Single-Service Containers 
    12VAC5-160-880. Sanitation of storage rooms. (Repealed.)
    Storage rooms for single-service containers shall be kept  clean, orderly, protected against weather, and free of rodent or insect  infestation. Storage rooms shall not be used as a general store-room for unused  equipment and materials. 
    12VAC5-160-890. Sanitation of containers. (Repealed.)
    Single-service containers in the picking and packing rooms  shall be kept on stands or tables at least two feet above the floor, and shall  be protected against contamination by splash or floor washing, and sanitized,  exclusive of plastic bags, immediately prior to filling. 
    12VAC5-160-900. Display of certificate number. (Repealed.)
    Packer's certificate number shall be legibly impressed,  embossed or lithographed in or on the sides of single-service containers in  which crab meat is packed, except when the lid becomes an integral part of the  container during the sealing process the number may be on the lid; name and  address of the firm or distributor shall be similarly marked on the container  or lid. Plastic bags shall have the name and address of the packer or  distributor and certification number of the packer permanently marked on them  (hand-stamping is unacceptable). Containers bearing a certificate number other  than that of the respective plant shall not be allowed in plant. 
    12VAC5-160-910. Sanitation of containers. (Repealed.)
    Clean shipping barrels, boxes or containers shall be used.  
    Part XVI 
  Cleanliness 
    12VAC5-160-920. Proper use of plants. (Repealed.)
    Plants shall be used only for crab meat processing during  operating hours. 
    12VAC5-160-930. Litter and rubbish. (Repealed.)
    Premises inside and outside shall be kept clean and free  of litter and rubbish. 
    12VAC5-160-940. Access to plants. (Repealed.)
    Animals and unauthorized persons shall be excluded from  plants. Pickers shall not be allowed in packing room. 
    12VAC5-160-950. Storage of equipment. (Repealed.)
    Miscellaneous and unused equipment and articles which are  not necessary to plant operation shall not be stored in any processing portion  or area of the plant. 
    12VAC5-160-960. Schedule requirements. (Repealed.)
    Plants shall be cleaned within two hours after each day's  run. 
    12VAC5-160-970. Cleaning of equipment. (Repealed.)
    All equipment routinely used in the picking and packing  process, for example, utensils, stools, tables, pans, tubs, shovels, dumping  boards or platforms, lap boards, knives, scales, supports for scales, trays,  "claw breakers", funnels, "backed" and "bobbed"  crab-washers, etc., shall be thoroughly and effectively cleansed within two  hours after each day's run. 
    12VAC5-160-980. Adequate facilities and equipment. (Repealed.)
    Adequate clean-up facilities, detergents and scouring  equipment shall be available within the plant at all times. Paper dishcloths  shall be used for cleaning purposes where practical. The use of cloth rags or  sponge material in plant and equipment clean-up shall not be allowed. 
    12VAC5-160-990. Sea water flooding. (Repealed.)
    When the floors of a plant have been flooded by high sea  water levels, operation shall cease until the water has receded from the plant,  after which the plant shall be thoroughly cleaned and sanitized before  operation is again begun. 
    Part XVII 
  Bactericidal Treatment of Utensils and Equipment 
    12VAC5-160-1000. Processing required. (Repealed.)
    All utensils and equipment which contact cooked crabs or  crab meat during processing, after the cooker baskets through the final pack,  shall be subjected to an effective bactericidal process after cleaning, within  three hours after the end of each day's run. 
    12VAC5-160-1010. Temperature and timing. (Repealed.)
    Effective bactericidal treatment shall be accomplished by  exposure for at least 15 minutes to a temperature of at least 170°F, or for at  least five minutes to a temperature of at least 200°F, in a steam cabinet,  except as provided in 12VAC5-160-1020, equipped with an indicating thermometer*  located in the coldest zone. Steam cabinets shall be constructed with a vent or  valve in bottom to permit discharge of air, of such size as to store, treat,  and protect all equipment at one time, with the exception of large equipment,  without nesting any of the picking pans or stacking any of "claw  breakers." 
    *Thermometers shall be accurate to within 2°F, shall have  scale divisions not greater than 2°F, and shall be so installed as to be easily  read. Accuracy of thermometer should be checked at least once each year by the  Division of Shellfish Sanitation. 
    12VAC5-160-1020. Chemical treatments. (Repealed.)
    Chemical bactericidal treatment shall be given large  equipment, such as picking and packing tables, dumping boards or platforms,  tubs and crab-shovels and shall be accomplished by immersion or exposure for at  least two minutes to a flow of a solution containing not less than 50 parts per  million of free chlorine or other bactericide approved by the Division of  Shellfish Sanitation, such as the "iodine complex" in proper  strength; or if bactericidal sprays having free chlorine are used, the strength  shall not be less than 100 parts per million. 
           | Amounts of Chlorine Compounds Required to Give    Approximately 100 P.P.M. of Chlorine by Readily Available Measuring Devices
 | 
       | Volume of Water (gallons)
 | Dry Chlorine Compounds Available Chlorine
 | Liquid Hypochlorite Solutions--Available Chlorine
 | 
       | 15%
 | 25%
 | 70%
 | 1%
 | 5%
 | 
       | 20
 | 5 1/2 tbs.
 | 3 1/2 tbs.
 | 1 1/2 tbs.
 | 3 cups
 | 10 tbs.
 | 
       | 40
 | 11 tbs.
 | 6 1/2 tbs.
 | 2 1/2 tbs.
 | 3 pts.
 | 1 1/4 cups
 | 
       | 60
 | 1 cup
 | 10 tbs.
 | 3 1/2 tbs.
 | 4 3/4 pts.
 | 2 cups
 | 
       | 80
 | 1 2/5 cups
 | 13 1/2 tbs.
 | 4 1/2 tbs.
 | 6 1/2 pts.
 | 2 1/2 cups
 | 
       | 100
 | 1 4/5 cups
 | 1 cup
 | 6 tbs.
 | 4 qts.
 | 3 cups
 | 
       | 150
 | 2 3/4 cups
 | 1 1/2 cups
 | 9 tbs.
 | 6 qts.
 | 4 3/4 cups
 | 
       | 200
 | 3 3/5 cups
 | 2 cups
 | 12 tbs.
 | 2 gals.
 | 3 pts.
 | 
  
     
           | Dry Measure
 | Liquid Measure
 | 
       | 1 tablespoon (tbs.) ---- approximately 0.3 ounce.
 | 1 tablespoon or 3 teaspoons ---- approximately 15    milliliters.
 | 
       | 1 cup or 1/2 pint ---- approximately 5 ounces.
 | 1 cup or 1/2 pint ---- approximately 16 tablespoons.
 | 
  
    Part XVIII 
  Crab Scrap Disposal 
    12VAC5-160-1030. Collection of scraps. (Repealed.)
    Suitable containers constructed of galvanized iron, good  quality plastic, or equal, shall be provided in the picking room for the  collection of crab scrap. These shall be thoroughly cleaned and sanitized at  the end of each day's run. 
    12VAC5-160-1040. Floors to be kept clean. (Repealed.)
    Crab scrap shall not be allowed to accumulate on the  floor. 
    12VAC5-160-1050. Conveyances to preclude spillage. (Repealed.)
    Conveyances used to move crab scrap from plant to scrap  bin shall be so constructed as to preclude spillage. These conveyances shall be  cleaned at the end of each day's run. 
    12VAC5-160-1060. Conveyors. (Repealed.)
    If conveyors are used, they shall be constructed so as to  facilitate cleaning and shall be cleaned at the end of each day's run. 
    12VAC5-160-1070. Scrap bins. (Repealed.)
    Scrap bins shall be provided and maintained of easily  cleanable concrete construction or equal, adequate in size to hold an entire  day's scrap, well-drained and curbed to prevent washings from reaching the  ground surfaces. Scrap bins shall be located away from the doors of the plant  and emptied and cleaned daily. 
    12VAC5-160-1080. Commercial disposal. (Repealed.)
    Should commercial disposal methods be used, the plant  operator shall not be relieved of his responsibility for the proper handling of  scrap. 
    
        VA.R. Doc. No. R10-2074; Filed September 16, 2009, 11:38 a.m.