NOTICES OF INTENDED REGULATORY ACTION
Vol. 42 Iss. 23 - June 29, 2026

TITLE 12. HEALTH
Food Regulations
Notice of Intended Regulatory Action

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.

VA.R. Doc. No. R26-8555; Filed June 01, 2026
TITLE 16. LABOR AND EMPLOYMENT
Prevailing Wage Regulations for Public Works Contracts
Notice of Intended Regulatory Action

TITLE 16. LABOR AND EMPLOYMENT

DEPARTMENT OF LABOR AND INDUSTRY

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Labor and Industry intends to consider promulgating 16VAC15-80, Prevailing Wage Regulations for Public Works Contracts. The purpose of the proposed action is to fulfill the directive of Chapters 1014 and 1060 of the 2026 Acts of Assembly and establish a statewide framework for determining and administering prevailing wage requirements applicable to public works contracts in Virginia, which may include establishing methodologies for conducting surveys of construction wages in order to determine prevailing wages in accordance with statute.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 40.1-2.1 and 40.1-6 of the Code of Virginia.

Public Comment Deadline: July 29, 2026.

Agency Contact: Cristin Bernhardt, Regulatory Coordinator, Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, VA 23230, telephone (804) 786-2392, fax (804) 786-8418, or email cristin.bernhardt@doli.virginia.gov.

VA.R. Doc. No. R26-8691; Filed June 01, 2026
TITLE 16. LABOR AND EMPLOYMENT
Paid Sick Leave Regulation
Notice of Intended Regulatory Action

TITLE 16. LABOR AND EMPLOYMENT

DEPARTMENT OF LABOR AND INDUSTRY

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Labor and Industry intends to consider promulgating 16VAC15-90, Paid Sick Leave Regulation. The purpose of the proposed action is to establish a statewide framework to implement and enforce paid sick leave rights for Virginia employees. When established, the regulation will provide qualifying employees with the right to accrue and use paid sick leave for: (i) the employee's mental or physical illness, injury, or health condition, including the medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, or for preventive medical care; (ii) care of a family member who has a mental or physical illness, injury, or health condition, including the medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, or who needs preventive medical care; or (iii) absence due to domestic violence, sexual assault, or stalking, provided that the leave is to allow the employee to seek or obtain medical care, mental health care, counseling, legal services, relocation, securing of an existing home, or other victim services for the employee or the employee's family member. Chapters 1128 and 1129 of the 2026 Acts of Assembly direct the Commissioner of Labor and Industry to promulgate regulations for the implementation and enforcement of paid sick leave rights for Virginia workers pursuant to § 40.1-33.6:7 of the Code of Virginia.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 40.1-33.6:7 of the Code of Virginia.

Public Comment Deadline: July 29, 2026.

Agency Contact: Cristin Bernhardt, Regulatory Coordinator, Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, VA 23230, telephone (804) 786-2392, fax (804) 786-8418, or email cristin.bernhardt@doli.virginia.gov.

VA.R. Doc. No. R26-8724; Filed June 09, 2026