Editor's Note: For statutory provisions dealing with food and drink generally, see Code of Virginia, § 3.1-361 et seq. As to the authority of the City to regulate production, preparation, sale, etc., of food and food products, see Code of Virginia, § 15.1-853.
The Director of Public Health shall have the power, whenever he deems it necessary for the preservation of the health of the citizens, to prohibit the sale of food, fish, fruit or other articles which he may consider injurious.
It shall be unlawful for any person to sell or offer or expose for sale for human food any article which has been prepared, handled or kept where the sanitary conditions are such that the article is rendered unhealthy, unwholesome, deleterious or otherwise unfit for human food or which consists in whole or in part of diseased, filthy, decomposed or putrid animal or vegetable matter.
Editor's Note: For statutory provisions dealing with this topic, see Code of Virginia, § 3.1-383.
Dust and insects.
No person shall expose for sale, on any public highway or in any open market, stand or store in the city, candy or bread, dates or figs or any other food of a kind not ordinarily cooked, peeled or washed before being eaten unless such candy, cake, figs, dates or other articles of food are effectually wrapped or covered and enclosed so as to protect them from dust and insects.
It shall be unlawful to wrap or cover any such articles with newspapers or with any paper previously used for any other purpose.
Protection from dogs. No person shall expose any article of food for sale on any public highway in the city, within 24 inches of the surface of the ground, unless such article of food is covered or enclosed to prevent the access of dogs or is constantly in the immediate presence of the owner of such article of food or the proper representative of such owner having custody thereof.
Seafood. Fresh fish, oysters and other similar seafood exposed for sale on any street or within any store must be kept on ice and dispensed from closed receptacles of racks with glass tops so as to be thoroughly protected from dust and dirt.
It shall be unlawful for any person to sell, offer or expose for sale for human food the flesh of any animal that was diseased, overheated or run down by dogs at or before the time such animal was butchered or slain or which died a natural or violent death not in the usual manner of killing animals for food.
Every owner or manager of a store, market, cafe, lunchroom or any other place where food or a beverage or confectionery or any similar article is manufactured or prepared for sale, stored for sale, offered for sale or sold shall cause it to be screened or effectually protected by power-driven fans so as to prevent flies and other insects from obtaining access to such food, beverage, confectionery or other article and to keep such food free from flies and other insects at all times.
In addition, such persons shall place screens adequate for protection against flies or other insects in every window and door of all kitchens, dining rooms and other food storage or preparation rooms.
Every person owning or occupying any room, stall, store, hotel, restaurant or other place where any meat, butter, fish, fruit, vegetables, ice cream, confectioneries, cheese, bread, cakes, pies or any other food supplies, whether of like kind or not, or any food or drink products are kept, exposed or offered for sale or furnished or supplied for human consumption shall put and keep such place and its appurtenances in a clean and wholesome condition. Every person having charge of, interested in or engaged in the care of any such articles of food supplies, food or drink products of milk, designed for human consumption, shall put and preserve the same in a clean and wholesome condition and shall not allow the same or any part thereof to be infected or rendered unsafe or unwholesome for human food.
Every manager of a store, market, dairy, cafe or lunchroom or of any other place where food or a beverage or confectionery or any similar article is manufactured or prepared for sale, stored for sale or sold shall equip such store, market, dairy, cafe, lunchroom or other place with running water and with facilities and materials for the proper washing of employees' hands, and shall cause such washing to be done, and for the proper cleansing of such store, market, dairy, cafe, lunchroom or other place and of all apparatus, utensils and materials used in connection therewith and shall cause such cleansing to be done.
Editor's Note: For statutory provisions requiring washrooms and toilets for food establishments, see Code of Virginia, § 3.1-380.
No person shall employ nor shall employment be accepted by any person who has an infectious or contagious disease or any other disease that may be transmitted by food, in a hotel, restaurant, dairy, bakery or boardinghouse, nor shall such person be connected in any way with the handling of exposed food for other persons. The Director of Public Health may require any person so employed and suspected of having any of the above-mentioned diseases to submit to a complete examination in order to determine the presence of such disease and shall prohibit such person from engaging in the handling of food supplies pending the results of the examination.
Editor's Note: For statutory provisions regarding persons with contagious or infectious diseases working in food establishments, see Code of Virginia, § 3.1-377.
No employer shall permit, require or suffer any person to work in a bakery, confectionery, dairy, creamery, hotel kitchen, hotel dining room or restaurant kitchen or as a restaurant waiter or waitress or as a food handler or dispenser of unbottled drinks in any business establishment in the City unless such person furnishes such employer with a certificate from a physician licensed under the laws of the state, which certificate shall not have been in force more than six months from its date, certifying that such person is free from contagious, infectious and communicable disease. No employer shall employ or keep in his employ any such person whose certificate is over six months old.
For the purposes of this section, "contagious, infectious and communicable diseases" are hereby declared to be all diseases defined as such by state law.
It shall be unlawful for any physician to knowingly falsely furnish any person with a certificate of health, such as required by this section.
[Added 7-13-2004 by Ord. No. 04-13]
Title 35.1 of the Code of Virginia, 1950, as amended, shall not apply to any City fairs or festivals sponsored by the City of Colonial Heights or concession stands at youth athletic activities, when such stands are promoted or sponsored by either a youth athletic association or by any charitable nonprofit organization or group thereof which has been recognized by resolution of the City as being part of its youth recreational program.
The advisory standards issued by the state board of health are incorporated herein by reference and shall apply to the sale, preparation, serving, transporting and handling of food at such events. The health district director or his designee shall supervise the sale, preparation, service, transporting and handling of food at such events.
It shall be the duty of the health district director, or a qualified person designated by him, to provide education and consultation, establish advisory standards and exercise appropriate supervision regarding the safe preparation, handling, protection and preservation of food at such events to protect the public health.