TITLE 12. HEALTH
STATE BOARD OF HEALTH
Final Regulation
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:
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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.
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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.