Regulations, Vol. 26 Iss. 3 Oct 12, 2009

REGISTRAR'S NOTICE: The State Air Pollution Control Board is claiming an exclusion from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Air Pollution Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 9VAC5-80. Permits for Stationary Sources (amending 9VAC5-80-25, 9VAC5-80-35).

Statutory Authority: § 10.1-1308 of the Code of Virginia; §§ 110, 112, 165, 173, 182 and Title V of the federal Clean Air Act; 40 CFR Parts 51, 61, 63, 70 and 72.

Effective Date: November 12, 2009.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

Summary:

General public participation requirements for permit applications allow for either the director or a majority of board members to request a meeting of the board regarding direct consideration of a permit by the board in order to review the decision and determine whether or not to grant board consideration, or to delegate the permit to the director. If such a meeting is held electronically, the board must have at least one forum open to the public, and individual board members may participate from any location regardless of whether it is open to the public. Chapter 627 of the 2009 Acts of Assembly revised the provision requiring at least one forum to be open to the public and allowing individual board members to participate from any location in order to make it consistent with § 2.2-3708 of the Virginia Freedom of Information Act. The amendments conform the regulation to statutory language.

9VAC5-80-25. Direct consideration of permit actions by the board.

A. During the public hearing comment period on a permit action, interested persons may request that the board directly consider the permit action pursuant to the requirements of this section. The public participation process requirements for the permit programs subject to this section are specified in subdivisions 1 through 4 of this subsection.

1. 9VAC5-80-1170 for the minor new source review (minor NSR) program.

2. 9VAC5-80-1460 for the federal hazardous air pollutant new source review (NSR) program.

3. 9VAC5-80-1775 for the Prevention of Significant Deterioration (PSD) program.

4. 9VAC5-80-2070 for the nonattainment major new source review (NSR) program.

B. Requests for board consideration shall contain the following information:

1. The name, mailing address, and telephone number of the requester;

2. The names and addresses of all persons for whom the requester is acting as a representative (for the purposes of this requirement, an unincorporated association is a person);

3. The reason why board consideration is requested;

4. A brief, informal statement setting forth the factual nature and the extent of the interest of the requester or of the persons for whom the requester is acting as representative in the application or preliminary determination, including an explanation of how and to what extent such interest would be directly and adversely affected by the issuance, denial, amendment, or revocation of the permit in question; and

5. Where possible, specific references to the terms and conditions of the permit in question, together with suggested revisions and alterations of those terms and conditions that the requester considers are needed to conform the permit to the intent and provisions of the Virginia Air Pollution Control Law.

C. Upon completion of the public comment period on a permit action, the director shall review all timely requests for board consideration filed during the public comment period on the permit action and within 30 calendar days following the expiration of the time period for the submission of requests shall grant board consideration after the public hearing, unless the permittee or applicant agrees to a later date, if the director finds the following:

1. That there is a significant public interest in the issuance, denial, amendment, or revocation of the permit in question as evidenced by receipt of a minimum of 25 individual requests for board consideration;

2. That the requesters raise substantial, disputed issues relevant to the issuance, denial, amendment, or revocation of the permit in question; and

3. That the action requested by the interested party is not on its face inconsistent with, or in violation of, the Virginia Air Pollution Control Law, federal law or any regulation promulgated thereunder.

D. Either the director or a majority of the board members, acting independently, may request a meeting of the board to be convened within 20 days of the director's decision pursuant to subsection C of this section in order to review such decision and determine by a majority vote of the board whether or not to grant board consideration, or to delegate the permit to the director for the director's decision. For purposes of this subsection, if a board meeting is held via electronic communication, ~~the board shall have at least one forum open to the public and individual board members may participate from any location regardless of whether it is open to the public~~ the meeting shall be held in compliance with the provisions of § 2.2-3708 of the Virginia Freedom of Information Act, except that a quorum of the board is not required to be physically assembled at one primary or central meeting location. Discussions of the board held via such electronic communication means shall be specifically limited to a (i) review of the director's decision pursuant to subsection C of this section, (ii) determination of the board whether or not to grant board consideration, or (iii) delegation of the permit to the director for the director's decision. No other matter of public business shall be discussed or transacted by the board during any such meeting held via electronic communication.

E. The director shall, forthwith, notify by mail at ~~the director's~~ his last known address (i) each requester and (ii) the applicant or permittee of the decision to grant or deny board consideration.

F. In addition to subsections C, D, and E of this section, the director may, in his discretion, submit a permit action to the board for its consideration.

G. After the close of the public hearing comment period, the board shall, at a regular or special meeting, take final action on the permit. Such decision shall be issued within 90 days of the close of the public comment period or from a later date, as agreed to by the permittee or applicant and the board or the director.

H. Persons who commented during the public comment period shall be afforded an opportunity at the board meeting when final action is scheduled to respond to any summaries of the public comments prepared by the department for the board's consideration subject to such reasonable limitations on the time permitted for oral testimony or presentation of repetitive material as are determined by the board.

I. In making its decision, the board shall consider (i) the verbal and written comments received during the public comment period made part of the record, (ii) any explanation of comments previously received during the public comment period made at the board meeting, (iii) the comments and recommendation of the department, and (iv) the agency files. When the decision of the board is to adopt the recommendation of the department, the board shall provide in writing a clear and concise statement of the legal basis and justification for the decision reached. When the decision of the board varies from the recommendation of the department, the board shall, in consultation with legal counsel, provide a clear and concise statement explaining the reason for the variation and how the board's decision is in compliance with applicable laws and regulations. The written statement shall be provided contemporaneously with the decision of the board. Copies of the decision, certified by the director, shall be mailed by certified mail to the permittee or applicant.

9VAC5-80-35. Public hearings to contest permit actions.

A. During the public comment period on a permit action, interested persons may request a public hearing on the permit action pursuant to the requirements of this section. The public participation process requirements for the permit programs subject to this section are specified in subdivisions 1 and 2 of this subsection.

1. 9VAC5-80-270 and 9VAC5-80-670 for the federal (Title V) operating permit program.

2. 9VAC5-80-1020 for the state operating permit program.

B. Requests for a public hearing shall contain the following information:

1. The name, mailing address, and telephone number of the requester;

2. The names and addresses of all persons for whom the requester is acting as a representative (for the purposes of this requirement, an unincorporated association is a person);

3. The reason why a public hearing is requested;

4. A brief, informal statement setting forth the factual nature and the extent of the interest of the requester or of the persons for whom the requester is acting as representative in the application or preliminary determination, including an explanation of how and to what extent such interest would be directly and adversely affected by the issuance, denial, amendment, or revocation of the permit in question; and

5. Where possible, specific references to the terms and conditions of the permit in question, together with suggested revisions and alterations of those terms and conditions that the requester considers are needed to conform the permit to the intent and provisions of the Virginia Air Pollution Control Law.

C. Upon completion of the public comment period on a permit action, the director shall review all timely requests for public hearing filed during the public comment period on the permit action and within 30 calendar days following the expiration of the time period for the submission of requests shall grant a public hearing, unless the permittee or applicant agrees to a later date, if the director finds the following:

1. That there is a significant public interest in the issuance, denial, amendment, or revocation of the permit in question as evidenced by receipt of a minimum of 25 individual requests for a public hearing;

2. That the requesters raise substantial, disputed issues relevant to the issuance, denial, amendment, or revocation of the permit in question; and

3. That the action requested by the interested party is not on its face inconsistent with, or in violation of, the Virginia Air Pollution Control Law, federal law or any regulation promulgated thereunder.

D. Either the director or a majority of the board members, acting independently, may request a meeting of the board to be convened within 20 days of the director's decision pursuant to subsection C of this section in order to review such decision and determine by a majority vote of the board whether or not to grant a public hearing. For purposes of this subsection, if a board meeting is held via electronic communication, ~~the board shall have at least one forum open to the public and individual board members may participate from any location regardless of whether it is open to the public~~ the meeting shall be held in compliance with the provisions of § 2.2-3708 of the Virginia Freedom of Information Act, except that a quorum of the board is not required to be physically assembled at one primary or central meeting location. Discussions of the board held via such electronic communication means shall be specifically limited to a (i) review of the director's decision pursuant to subsection C of this section, (ii) determination of the board whether or not to grant a public hearing, or (iii) delegation of the permit to the director for the director's decision. No other matter of public business shall be discussed or transacted by the board during any such meeting held via electronic communication.

E. The director shall, forthwith, notify by mail at ~~the director's~~ his last known address (i) each requester and (ii) the applicant or permittee of the decision to grant or deny a public hearing.

F. In addition to subsections C, D, and E of this section, the director may, in the director's discretion, convene a public hearing on a permit action.

G. If a determination is made to hold a public hearing, the director shall schedule the hearing at a time between 45 and 75 days after mailing of the notice required by subsection E of this section.

H. The director shall cause, or require the applicant to publish, notice of a public hearing to be published once, in a newspaper of general circulation in the city or county where the facility or operation that is the subject of the permit or permit application is located, at least 30 days before the hearing date.

I. The director may, on the director's own motion or at the request of the applicant or permittee, for good cause shown, reschedule the date of the public hearing. In the event the director reschedules the date for the public hearing after notice has been published, the director shall, or require the applicant to, provide reasonable notice of the new date of the public hearing. Such notice shall be published once in the same newspaper where the original notice was published.

J. Public hearings held pursuant to these procedures may be conducted by (i) the board at a regular or special meeting of the board ~~and shall be presided over by a member of the board. Public hearings may be held before less than a quorum of the board~~, or (ii) one or more members of the board. A member of the board shall preside over the public hearing.

K. The presiding board member shall have the authority to maintain order, preserve the impartiality of the decision process, and conclude the hearing process expeditiously. The presiding board member, in order to carry out his responsibilities under this subsection, is authorized to exercise the following powers, including but not limited to:

1. Prescribing the methods and procedures to be used in the presentation of factual data, arguments, and proof orally and in writing including the imposition of reasonable limitations on the time permitted for oral testimony;

2. Consolidating the presentation of factual data, arguments, and proof to avoid repetitive presentation of them;

3. Ruling on procedural matters; and

4. Acting as custodian of the record of the public hearing causing all notices and written submittals to be entered in it.

L. The public comment period will remain open for 15 days after the close of the public hearing if required by § 10.1-1307.01 of the Code of Virginia.

M. When the public hearing is conducted by less than a quorum of the board, the department shall, promptly after the close of the public hearing comment period, make a report to the board.

N. After the close of the public hearing comment period, the board shall, at a regular or special meeting, take final action on the permit. Such decision shall be issued within 90 days of the close of the public comment period or from a later date, as agreed to by the permittee or applicant and the board or the director.

O. When the public hearing was conducted by less than a quorum of the board, persons who commented during the public comment period shall be afforded an opportunity at the board meeting when final action is scheduled to respond to any summaries of the public comments prepared by the department for the board's consideration subject to such reasonable limitations on the time permitted for oral testimony or presentation of repetitive material as are determined by the board.

P. In making its decision, the board shall consider (i) the verbal and written comments received during the public comment period made part of the record, (ii) any explanation of comments previously received during the public comment period made at the board meeting, (iii) the comments and recommendation of the department, and (iv) the agency files. When the decision of the board is to adopt the recommendation of the department, the board shall provide in writing a clear and concise statement of the legal basis and justification for the decision reached. When the decision of the board varies from the recommendation of the department, the board shall, in consultation with legal counsel, provide a clear and concise statement explaining the reason for the variation and how the board's decision is in compliance with applicable laws and regulations. The written statement shall be provided contemporaneously with the decision of the board. Copies of the decision, certified by the director, shall be mailed by certified mail to the permittee or applicant.

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~~
~~Volume of Water (gallons)~~	~~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.~~

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.