D.C. Mun. Regs. tit. 16, r. 16-3620

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 16-3620 - FOOD AND FOOD OPERATIONS INFRACTIONS

3620.1

[RESERVED]

3620.2

Violation of the following Imminent Health Hazards of Title 25-A DCMR as determined by the Department of Health shall be a Class 2 infraction:

(a) Operating a food establishment without a valid Certificate of Occupancy in violation of § 4408.1(i)^P;

(b) Operating a food establishment without a license in violation of §§ 4300.1^Pf and 4408.1(k)(1) ^P;

(c) Operating a food establishment with an expired license in violation of §§ 4300.2^Pf and 4408.1(k)(2) ^P;

(d) Operating a food establishment with a suspended license in violation of §§ 4300.3^Pf, 4718, and 4408.1(k)(3) ^P;

(e) Operating a depot, commissary or service support facility that services a mobile food unit without a valid license to operate issued by the Mayor in violation of §§ 3700.7^P, 4300.1 ^Pf, and 4408.1(l)(7) ^P;

(f) Operating a depot, commissary or service support facility that services a mobile food unit with a license that has been suspended for violations of this chapter and applicable provisions of this Code in violation of §§ 3700.8^P, 4300.3 ^Pf, 4718, and 4408.1(l)(8) ^P;

(g) Operating a mobile food unit without a valid Health Inspection Certificate issued by the Department in violation of §§ 3700.5^P, 3706.1(a) - (f) ^P, and 4408.1(l)(5) ^P;

(h) Operating as a food vendor without a license in violation of §§ 3700.1^P, 4300.1 ^Pf, and 4408.1(l)(1);

(i) Operating as a food vendor with an expired license in violation of §§ 3700.2^Pf, and 4408.1(l)(2) ^P;

(j) Operating as a food vendor with a suspended license in violation of §§ 3700.3^Pf, 4718, and 4408.1(l)(3) ^P;

(k) Operating a residential kitchen in a bed and breakfast without a license in violation of §§ 3800.1^P and 4300.1 ^Pf;

(l) Operating a residential kitchen in a bed and breakfast with an expired license in violation of §§ 3800.1^P and 4300.1 ^Pf;

(m) Operating a residential kitchen in a bed and breakfast with a suspended license in violation of §§ 3800.3 P, 4300.3 ^Pf and 4718;

(n) Operating as a caterer without a license in violation of §§ 3900.1^P and 4300.1 ^Pf;

(o) Operating as a caterer with an expired license in violation of § 3900.2^Pf;

(p) Operating as a caterer with a suspended license in violation of §§ 3900.3^P and 4718;

(q) Operating a food establishment without a full-time person-in-charge who is a certified food protection manager recognized by the Department in violation of §§ 203.1^P and 203.3 ^P;

(r) Operating a food establishment without a full-time person-in-charge who is a certified food protection manager recognized by the Department and who is present at the food establishment during all hours of operation in violation of §§ 200.1^Pf, 200.2, 200.3, 203, 4408.1(k)(4)^P, or 4408.1(k)(5) ^P;

(s) Operating a food establishment without a full-time person-in-charge who is a certified food protection manager recognized by the Department and who is able to demonstrate knowledge in violation of §§ 201 and 4408.1(k)(6)^P;

(t) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit without a Food Protection Manager Certificate and a DOH-Issued Certified Food Protection Manager Identification Card during all hours of operation in violation of §§ 203^P, 3700.4^P, 3800.2^P, 3900.4^P, and 4408.1(k)(4) ^P;

(u) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit, with extensive fire damage that affects the establishment's ability to operate in compliance with this Code ^P in violation of § 4408.1(a)^P;

(v) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit with a flood or serious flood damage that affects the establishment's ability to operate in compliance with this Code ^P in violation of § 4408.1(b)^P;

(w) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit, with an extended interruption of electrical services that affects the establishment's ability to operate in compliance with this Code in violation of § 4408.1(c)^P;

(x) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit, with an interruption of water service resulting in insufficient capacity to meet water demands throughout the establishment that affects the establishment's ability to operate in compliance with this Code in violation of §§ 2305.1^P, and 4408.1(d) ^P;

(y) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit, with a sewage backup that affects the establishment's ability to operate in compliance with this Code in violation of § 4408.1(e)^P;

(z) Misuse of poisonous or toxic materials in a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit in violation of § 4408.1(f)^P;

(aa) Onset of an apparent foodborne illness outbreak in a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit in violation of § 4408.1(g)^P;

(bb) Operating a food establishment in a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit, with gross insanitary occurrence or condition or other circumstances that may endanger public health in violation of § 4408.1(h)^P;

(cc) Failing to minimize or eliminate the presence of insects, rodents, or other pests in a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit in violation of §§ 3210.1(a) through (d)^Pf, and 4408.1(j) ^P;

(dd) Selling, exchanging or delivering, or having in his or her custody or possession with the intent to sell or exchange, or expose, or offer for sale or exchange, any article of food which is adulterated in violation of §§ 4408.1(k)(7)^P, 4408.1(l)(12)^P or 4408.1(m)(14)^P, and D.C. Official Code § 48-101 (2012 Repl.);

(ee) Operating a food establishment without hot water in violation of §§ 1808.1^Pf, 1809.1(a) through (d)^Pf, 1810.1^P, 1811.1, 2002.1(a)-(b)^P, 2305.1^Pf, 2305.2^Pf, 2402.1^Pf, 4408.1(k)(8)^P, 4408.1(l)(13), or 4408.1(m)(15) ^P;

(ff) Operating with incorrect hot or cold holding temperatures for potentially hazardous foods that do not comply with this Code and that cannot be corrected during the course of the inspection in violation of Chapter 10 ^P, and §§ 4408.1(k)(9)^P, 4408.1(l)(14)^P, or 4408.1(m)(16) ^P;

(gg) Operating a food establishment, including but not limited to catered establishment, mobile food unit, depot, or commissary or service support facility that services a mobile food unit, with six (6) or more PRIORITY ITEMS or six (6) or more PRIORITY FOUNDATION ITEMS, or a combination thereof, which cannot be corrected on site during the course of the inspection in violation of § 4408.1(k)(10)^P;

(hh) Failing to hire a D.C. licensed Pesticide Operator/contractor in violation of §§ 3210.2^Pf, 4408.1(k)(11) ^P;

(ii) Failing to allow access to the Department's representatives during the food establishment's hours of operation and other reasonable times as determined by the Department in violation of § 4402.1, 4408.1(k)(12)^P, and 4408.1(m)(17) ^P;

(jj) Hindering, obstructing, or in any way interfering with any inspector or authorized Department personnel in the performance of his or her duty in violation of §§ 4408.1(k)(13)^P, 4408.1(l)(15)^P, 4408.1(m)(18)^P, and D.C. Official Code § 48-108 (2012 Repl.);

(kk) Failing to designate a non-smoking area in a restaurant with a capacity of 50 or more in violation of § 4408.1(k)(14)^P, and D.C. Official Code § 7-1703.01(a) or (b) (2012 Repl.); or

(ll) Using a deep fryer or other cooking equipment that requires a hood suppression system, except with written approval from the District of Columbia Fire and Emergency Medical Services Department in violation of §§ 3703.1^P and 4408.1(l)(9) P.

3620.3

Violation of the following Priority, Priority Foundation, or Core Public Health Items in Chapter 3 (Food Employee/Applicant Health) shall be a Class 2 infraction:

(a) Failing to notify the Department when a food employee is jaundiced or diagnosed with an illness due to a pathogen specified in § 300.4 in violation of § 301.1^Pf;

(b) Failing to prohibit a conditional employee who exhibits or reports a symptom or reports a diagnosed illness specified in §§ 300.3 through 300.5 from becoming a food employee until the conditional employee satisfies the requirements for reinstatement associated with specific symptoms or diagnosed illnesses as specified in § 307 in violation of § 302.1^P;

(c) Failing to prohibit a conditional employee who will work as a food employee in a food establishment that serves a highly susceptible population when the conditional employee reports a history of exposure specified in §§ 300.6 and 300.7 from becoming a food employee until the conditional employee satisfies the requirements associated with specific symptoms or diagnosed illnesses as specified in § 307.10 in violation of § 302.2^P;

(d) Failing to exclude a food employee as specified in § 305, and § 306.1(a) and § 306.2(a), except as provided in § 307, when the food employee exhibits or reports a symptom or reports a diagnosed illness or a history of exposure as specified in §§ 300.3 through 300.7 in violation of § 303.1(a)^P;

(e) Failing to restrict a food employee as specified in § 306, except as provided in § 307, when the food employee exhibits or reports a symptom or reports a diagnosed illness or a history of exposure as specified in §§ 300.3 through 300.7 in violation of § 303.1(b)^P;

(f) Failing to exclude food employee from a food establishment when the food employee is symptomatic with vomiting or diarrhea and diagnosed with an infection from Norovirus, Shigella spp., or Enterohemorragic or Shiga Toxin Producing Escherichia colia in violation of § 305.1^P;

(g) Failing to exclude a food employee who is jaundiced from the food establishment when the onset of jaundice occurred within seven (7) calendar days in violation of § 305.2(a)^P;

(h) Failing to exclude a food employee who is diagnosed with an infection from hepatitis A virus within fourteen (14) calendar days after the onset of any illness symptoms, or within seven (7) calendar days after the onset of jaundice in violation of § 305.2(b)^P;

(i) Failing to exclude a food employee who is diagnosed with an infection from hepatitis A virus without developing symptoms in violation of § 305.2(c)^P;

(j) Failing to exclude a food employee who is diagnosed with an infection from Salmonella Typhi, or reports a previous infection with Salmonella Typhi within the past three (3) months without having received antibiotic therapy in violation of § 305.3^P;

(k) Failing to exclude a food employee, who is diagnosed with an infection from Norovirus, Shigella spp., or Enterohemorrhagic or Shiga Toxin-Producing Escherichia coli, and is asymptomatic, from a food establishment that serves a highly susceptible population in violation of § 306.1(a)^P;

(l) Failing to restrict a food employee, who is diagnosed with an infection from Norovirus, Shigella spp., or Enterohemorrhagic or Shiga Toxin-Producing Escherichia coli, and is asymptomatic, from a food establishment that does not serve a highly susceptible population in violation of § 306.1(b)^P;

(m) Failing to exclude a food employee who is ill with symptoms of acute onset of sore throat with fever from a food establishment that serves a highly susceptible population in violation of § 306.2(a)^P;

(n) Failing to restrict a food employee who is ill with symptoms of acute onset of sore throat with fever from a food establishment that does not serve a highly susceptible population in violation of § 306.2(b)^P;

(o) Failing to restrict a food employee who is infected with a skin lesion containing pus, such as a boil or infected wound that is open or draining and not properly covered as specifying in § 300.3(e) P in violation of § 306.3^P; or

(p) Failing to restrict a food employee who has been exposed to a foodborne pathogen as specified in §§ 300.6 and 300.7 from a food establishment that serves a highly susceptible population in violation of § 306.4 P.

3620.4

Violation of the following Priority, Priority Foundation, or Core Public Health Items in Chapter 5 (Hygienic Practices of Food Employees); Chapter 6 (Characteristics of Food); Chapter 7 (Sources, Specifications, and Original Containers and Records for Food); Chapter 8 (Protection of Foods from Contamination after Receiving); Chapter 9 (Destruction of Organisms of Public Health Concern); Chapter 10 (Limitation of Growth of Organisms of Public Health Concern); Chapter 11 (Food Identity, Presentation, and On-Premises Labeling); Chapter 12 (Contamination or Adulterated Food); and Chapter 13 (Special Requirements for Food for Highly Susceptible Populations) shall be a Class 3 infraction:

(a) Failing to prohibit an employee from eating, drinking, chewing gum or using any form of tobacco in areas where the contamination of exposed food, clean equipment, utensils, linens, unwrapped single-service and single-use articles, or other items needing protection can result, except as in designated areas, in violation of § 500.1;

(b) Failing to prohibit food employees who are experiencing persistent sneezing, coughing, or runny nose that causes discharges from the eyes, nose, or mouth from working with exposed food, clean equipment, utensils, linens, or unwrapped single-service or single-use articles in violation of § 501.1;

(c) Failing to prohibit food employees from caring for, or handling animals that are allowed on the premises of a food establishment pursuant to §§ 3214.2(b) through (e), except as specified in § 503.2, in violation of § 503.1;

(d) Using, offering or selling prohibited food from an unapproved source in violation of § 600, or §§ 700 through 706;

(e) Receiving potentially hazardous food that is not at the required temperature in violation of § 707.1^P through § 707.5^Pf;

(f) Receiving food that contains unapproved additives or additives that exceed amounts specified in 21 C.F.R. §§ 170 through 180; 21 C.F.R. §§ 181 through 186; and 9 C.F.R. Subpart C Section 424.21(b) in violation of § 708.1^P;

(g) Receiving shell eggs that are not clean and sound, and that exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in C.F.R. United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200, et seq., administered by the Agricultural Marketing Service of the USDA in violation of § 709.1;

(h) Receiving egg and milk products that are not pasteurized as specified by the USDA or the C.F.R. in violation of §§ 710.1^P through 710.4 ^P;

(i) Receiving food packages that are not in good condition so that the food is exposed to adulteration or potential contaminants in violation of § 711.1^Pf;

(j) Receiving ice for use as a food or a cooling medium that is not made from drinking water in violation of § 712.1^P;

(k) Receiving shellstock in containers that do not bear legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships, or reships the shellstock, as specified in the Food Code in violation of §§ 714.1^Pf through 714.3 ^Pf;

(l) Failing to ensure that shellstock tags remain attached to the container in which the shellstock was received until the container is empty, except as specified in § 717.4, in violation of § 717.1^Pf;

(m) Failing to retain shellstock tags or labels for ninety (90) calendar days from the date the container is emptied using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date when, or dates during which, the shellstock are sold or served as specified in § 717.2 in violation of §§ 717.3^Pf and 717.4(a) ^Pf;

(n) Failing to ensure shellstock removed from one (1) container are not commingled with shellstock from another container with certification numbers, different harvest dates, or different growing areas as identified on the tag or label before being ordered by the consumer in violation of § 717.4(b)^Pf;

(o) Failing to prominently display easily understood pull dates on the containers of all pasteurized fluid milk, fresh meat, poultry, fish, bread products, eggs, butter, cheese, cold meat cuts, mildly processed pasteurized products, and potentially hazardous foods sold in food-retail establishments which are pre-wrapped foods and not intended for consumption on premises in violation of § 718.1;

(p) Failing to retain the original pull date on food that is rewrapped and prominently display the word "REWRAPPED" on the new package in violation of § 718.2;

(q) Failing to obtain pre-packaged juice from a processor with a HACCP system as specified in 21 C.F.R. Part 120 Hazard Analysis and Critical Control (HACCP) Systems in violation of § 719.1(a)^Pf;

(r) Failing to obtain pre-packaged juice that has been pasteurized or otherwise treated to attain a five (5)-log reduction of the most resistant microorganism of public health significance as specified in 21 C.F.R. Part 120.24 Process Controls in violation of § 719.1(b)^P;

(s) Failing to prevent food employees from contaminating ready-to-eat food with his or her bare hands in violation of §§ 800.1 through 800.4;

(t) Failing to prevent food employees from contaminating food by using a utensil more than once to taste food that is to be sold or served in violation of § 801.1^P;

(u) Failing to protect food from cross contamination, except as provided for by § 802.2, in violation of §§ 802.1(a) through (h);

(v) Failing to substitute pasteurized eggs or egg products for raw shell eggs in the preparation of foods as specified in violation of §§ 804.1(a) or (b)^P;

(w) Failing to protect food from contamination that may result from the addition of unsafe or unapproved food or color additives, or unsafe or unapproved levels of approved food and color additives as specified in § 708 in violation of §§ 805.1(a) and (b)^P;

(x) Applying sulfiting agents to fresh fruit and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1 in violation of § 805.2(a)^P;

(y) Serving or selling food specified in § 805.2(a) that is treated with sulfiting agents before receipt by the food establishment, except for grapes, which are not included in this subsection, in violation of § 805.2(b)^P;

(z) Failing to prevent contamination of food through contact with equipment and utensils that are not cleaned as specified in Chapter 19 and sanitized as specified in Chapter 20 of the Food Code, or are not single-serve and single-use articles in violation of §§ 809.1(a) or (b)^P;

(aa) Failing to protect food from contamination by consumers in violation of §§ 822.1 through 822.3 or §§ 823.1 through 823.2;

(bb) Failing to cook raw animal foods such as eggs, fish, meat, poultry, and foods containing raw animal foods at required temperatures and holding times in violation of §§ 900.1^P through 900.4;

(cc) Failing to properly cook raw animal foods in a microwave as specified in violation of §§ 901.1(a) through (d);

(dd) Failing to freeze throughout raw, raw-marinated, partially cooked, or marinated-partially cooked fish other than molluscan shellfish at required temperatures and time controls, except as specified in § 903.2, in violation of § 903.1^P;

(ee) Failing to heat ready-to-eat foods or to reheat potentially hazardous foods for hot holding at required temperatures and time controls, except as provided, in violation of §§ 906.1^P through 906.5;

(ff) Failing to comply with required temperatures and time controls for cooling methods for hot and cold holding and for food display in violation of §§ 1003 through 1006;

(gg) Failing to clearly date mark at the time of preparation ready-to-eat, potentially hazardous foods held refrigerated at required temperatures and time controls for more than twenty-four (24) hours in violation of §§ 1007.1^Pf through 1007.6;

(hh) Failing to discard ready-to-eat, potentially hazardous foods, prepared and held refrigerated at required temperatures and time controls for more than twenty-four (24) hours, which was not consumed within the time specified in § 1007.1 in violation of § 1008.2^P;

(ii) Failing to comply with requirements when using time as a public health control in violation of § 1009;

(jj) Failing to obtain a variance before smoking food as a flavor enhancement, curing food, brewing alcoholic beverages, using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement or to render a food so that it is not potentially hazardous in violation of § 1010.1;

(kk) Failing to obtain a variance before packaging food using a reduced oxygen method of packaging except as specified in Section 1011 where a barrier to Clostridium botulinum in addition to refrigeration exists, before custom processing animals that are for personal use as food and not for sale or service in a food establishment, or before preparing food by another method that is determined by the Department to require a variance in violation of § 1010.1;

(ll) Failing to control the growth and toxin formation of Clostridium botulinum where a food establishment packages foods using a reduced oxygen method of packaging and Clostridium botulinum is identified as a microbiological hazard in the final packaged form in violation of § 1011.1^P;

(mm) Failing to have a HACC^P Plan and maintain specific information as required where a food establishment packages foods using a reduced oxygen packaging methods and Clostridium botulinum is identified as a microbiological hazard in the final packaged form in violation of §§ 1011.2^Pf and 4205.1(d)^Pf;

(nn) Failing to provide written notification to consumers of the potential health risks associated with eating animal food that is raw, undercooked, or not otherwise processed to eliminate pathogens where the food establishment offers such foods in ready-to-eat form or as a raw ingredient in another ready-to-eat food, (except as specified in §§ 900.3, 900.4 and 1300.1), in violation of § 1105.1;

(nn) Failing to discard or recondition food that is unsafe, adulterated, or not honestly presented as specified in § 600 in violation of § 1200.1;

(oo) Failing to discard food that is not from an approved source as specified in §§ 700 through 706, in violation of § 1200.2;

(pp) Failing to discard ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified in § 301 in violation of § 1200.3;

(qq) Failing to discard food that is contaminated by food employees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means in violation of § 1200.4; or

(rr) Failing to comply with specialized requirements for serving, re-serving or offering for sale food to a highly susceptible population in violation of § 1300.

3620.5

Violation of the following Priority, Priority Foundation, or Core Public Health Items in Chapter 14 (Materials Used for Construction and Repair of Equipment, Utensils and Linens); Chapter 15 (Design and Construction of Equipment, Utensils, and Linens); Chapter 18 (Maintenance and Operation of Equipment and Utensils); Chapter 19 (Cleaning of Equipment and Utensils); and Chapter 20 (Sanitization of Equipment and Utensils); shall be a Class 3 infraction:

(a) Failing to use utensils or food-contact surfaces of equipment that are constructed of materials in violation of §§ 1400.1(a) through (e)^P;

(b) Using ceramic, china and crystal utensils, and decorative utensils, such as hand painted ceramic or china that are in contact with food that are not lead-free or contain excessive levels of lead in violation of § 1402.1^P;

(c) Using pewter alloys containing lead in excess of five hundredth of a percent (0.05%) as food contact surfaces in violation of § 1402.2^P;

(d) Using copper and copper alloy such as brass in contact with acidic food that has a pH below six (6) such as vinegar, fruit juice, or wine or for a fitting or tubing installed between a backflow prevention device and a carbonator, except as specified in § 1403.2, in violation of § 1403.1^P;

(e) Using galvanized metal for utensils or food-contact surfaces of equipment that are used in contact with acidic food that has a pH below six (6) such as vinegar, fruit juice or wine in violation of § 1404.1^P;

(f) Using single-service and single-use articles made of materials in violation of § 1409.1^P;

(g) Using food temperature measuring devices with sensors or stems constructed of glass, except that thermometers with glass sensors or stems that are encased in a shatterproof coating such as candy thermometers may be used, in violation of § 1501.1^P;

(h) Failing to use multi-use food-contact surfaces that are smooth; free of breaks, open seams, cracks, chips, pits, and similar imperfections; free of sharp internal angles, corners, and crevices; and that have smooth welds and joints in violation of § 1502.1^Pf;

(i) Failing to use multi-use food-contact surfaces that are accessible for cleaning and inspection in violation of §§ 1502.2(a) through (c)^Pf;

(j) Using a machine that vends potentially hazardous food that is not equipped with an automatic control that prevents the machine from vending food if there is a power failure, mechanical failure, or other condition that results in an internal machine temperature that cannot maintain food temperatures as specified in Chapters 6 through 13, and until the machine is serviced and restocked with food that has been maintained at temperatures specified in Chapters 6 through 13 in violation of § 1523.1^P;

(k) Failing to maintain hot water temperature at 77°C (171°F) or above when immersion of equipment in hot water is used for sanitizing equipment in a manual operation in violation of § 1810.1^P;

(l) Failing to use a chemical sanitizer in a sanitizing solution for a manual or mechanical operation at contact times specified in § 2002.2 that meets criteria specified in § 3404 Sanitizer, Criteria in accordance with the EPA-registered label use instructions, in violation of § 1813.1^P;

(m) Failing to use a chlorine solution that has a minimum temperature based on the concentration and pH of the solutions in violation of § 1813.2^P;

(n) Failing to use an iodine solution in violation of §§ 1813.3(a) through (c)^P;

(o) Failing to use a quaternary ammonium compound solution in violation of §§ 1813.4(a) through (c)^P;

(p) Failing to use a test kit or other device to accurately determine the concentration of a sanitizer solution in violation of § 1815.1^Pf;

(q) Failing to provide only single-use kitchenware, single-service articles, and single-use articles for use by food employees and single-service articles for use by consumers in a food establishment that operates without facilities specified in Chapters 19 and 20 for cleaning and sanitizing kitchenware and tableware in violation of § 1817.1^P;

(r) Re-using single-service and single-use articles in violation of § 1818.1;

(s) Re-using serving containers for mollusk and crustacean shells in violation of § 1819.1;

(t) Failing to keep equipment food-contact surfaces and utensils clean to sight and touch in violation of § 1900.1^Pf;

(u) Failing to keep food-contact surfaces of cooking equipment and pans free of encrusted grease deposits and other soil accumulations in violation of § 1900.2;

(v) Failing to keep nonfood-contact surfaces of equipment free of an accumulation of dust, dirt, food residue, and other debris in violation of § 1900.3;

(w) Failing to clean equipment food-contact surfaces and utensils as specified in violation of §§ 1901.1 through 1901.5^P;

(x) Failing to return empty containers to a regulated food processing plant for cleaning and refilling with food in violation of § 1910.1; or

(y) Failing to sanitize equipment, food-contact surfaces, and utensils before use after cleaning at the required temperature and hold time, frequency, and methods in violation of §§ 2001.1 through 2002^P.

3620.6

Violation of the following Priority, Priority Foundation, or Core Public Health Items in Chapter 23 (Water); Chapter 24 (Plumbing System); Chapter 25 (Mobile Water Tank and Mobile Food Establishment Water Tank); Chapter 26 (Sewage, Other Liquid Waste, and Rainwater); Chapter 27 (Refuse, Recyclables, and Returnables); Chapter 29 (Design, Construction, and Installation of Physical Facilities); Chapter 30 (Numbers and Capacities of Physical Facilities); and Chapter 31 (Location and Placement of Physical Facilities) shall be a Class 3 infraction:

(a) Use drinking water from a system other than the District of Columbia public water system or other approved sources in violation of §§ 2300.1, 2302.1, or 2304.1^P;

(b) Failing to flush and disinfect drinking water system before placing it in service after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system in violation of § 2301.1^P;

(c) Failing to use nondrinking water for non-culinary purposes only in violation of § 2304.2^P;

(d) Failing to use a water source and system that is of sufficient capacity to meet peak water demands of the food establishment in violation of § 2305.1^Pf;

(e) Failing to use a hot water generation and distribution systems that are of sufficient capacity to meet peak hot water demands throughout the food establishment in violation of § 2305.2^Pf;

(f) Failing to provide hot or cold water under pressure to all fixtures, equipment, and nonfood equipment that are required to use hot or cold water, (except as specified in § 2308), in violation of § 2306.1^Pf;

(g) Receiving water from a source that is not from an approved public water main, or is not from a water source constructed, maintained, and operated according to 40 C.F.R. § 141 - National Primary Drinking Water Regulations and District of Columbia drinking water quality standards in violation of §§ 2307.1(a) -(b) ^Pf;

(h) Failing to provide water meeting the requirements specified in §§ 2300 through 2306 to a mobile facility, temporary food establishment without a permanent water supply, or a food establishment with a temporary interruption of its water supply in violation of §§ 2308.1(a) through (e)^Pf;

(i) Conveying water through a plumbing system and hoses that are not constructed and repaired with approved materials according to the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of §§ 2400.1, or 2401.1^P;

(j) Using a water filter that is not made of safe materials in violation of § 2400.2^P;

(k) Failing to use an air gap between the water supply inlet and the flood level rim of the plumbing fixture, equipment, or nonfood equipment that is at least twice the diameter of the water supply inlet and that is not less than twenty-five millimeters (25mm) or one inch (1 in.) in violation of § 2403.1^P;

(l) Failing to install a backflow or backsiphonage prevention device on a water supply system that meets American Society of Sanitary Engineering (A.S.S.E.) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device in violation of § 2404.1^P;

(m) Failing to provide hand washing sinks for employees' use as specified in § 2411, in accordance with the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of § 2406.1^Pf;

(n) Failing to provide toilets for employees' use and convenience in accordance with the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of §§ 2407.1^P;

(o) Failing to install a plumbing system that precludes backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the food establishment in violation of § 2409.1^P;

(p) Failing to locate a handwashing sink to allow convenient use by employees in food preparation, food dispensing, and warewashing areas and in, or immediately adjacent to, toilet rooms in violation of § 2411.1^Pf;

(q) Failing to provide areas in which fresh meat is handled with its own handwashing sink located not more than twenty feet (20 ft.) or less from where the meat is handled in violation of § 2411.5^P;

(r) Failing to maintain a handwashing sink so that it is accessible at all times for employees' use in violation of § 2414.1^Pf;

(s) Using a handwashing sink for purposes other than for handwashing in violation of § 2414.2^Pf;

(t) Failing to use an automatic handwashing facility in accordance with the manufacturer's instructions in violation of § 2414.3^Pf;

(u) Operating with a prohibited cross-connection by connecting a pipe or conduit between the drinking water system and a nondrinking water system or a water system of unknown quality in violation of § 2415.1^P;

(v) Failing to durably identify piping of nondrinking water system so that it is distinguishable from piping that carries drinking water in violation of § 2415.2^Pf;

(w) Failing to schedule inspection and service of water treatment device or backflow preventer in accordance with manufacturer's instructions and as necessary to prevent device failure based on local water conditions, and failing to maintain records demonstrating inspection and service by person in charge in violation of § 2416.1^Pf;

(x) Failing to clean and maintain a reservoir that is used to supply water to a device such as a produce fogger in accordance with manufacturer's specifications or in accordance with the procedures specified in § 2712.2, whichever is more stringent in violation of §§ 2417.1 through 2417.2^P;

(y) Failing to repair and maintain a plumbing system in good repair in accordance with the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of § 2418.1;

(z) Failing to install a filter that does not pass oil or oil vapors in the air supply line between the compressor and drinking water system when compressed air is used to pressurize a water tank system in violation of § 2507.1^P;

(aa) Failing to flush and sanitize a water tank, pump, and hoses before placing items in service after construction, repair, modification, and periods of nonuse in violation of § 2510.1^P;

(bb) Using a water tank, pump, and hoses used for conveying drinking water for other purposes, except as provided in § 2513.2, in violation of § 2513.1^P;

(cc) Using a direct connection between the sewage system and a drain originating from equipment in which food, portable equipment, or utensils are placed, except as specified in §§ 2602.2 through 2602.4, in violation of § 2602^P;

(dd) Failing to convey sewage to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated in accordance with the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of § 2604.1^P;

(ee) Failing to remove sewage and other liquid waste, including grease collection, from an approved waste servicing area or by a sewage transport vehicle in such a way that a public health hazard or nuisance is not created in violation of §§ 2605.1 or 2605.2^Pf;

(ff) Failing to maintain copies of the food establishment's professional service contract in violation of § 2605.1(a) through (c)^Pf;

(gg) Failing to dispose of sewage through an approved facility that is a public sewage treatment plant or an individual sewage disposal system that is sized, constructed, maintained, and operated in accordance with the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of § 2607.1^P;

(hh) Failing to have and use one (1) or more food waste grinders that are conveniently located near an activity or activities which generate food wastes in violation of § 2607.2^P;

(ii) Operating commercial food waste grinders that are not connected to a drain that is a minimum of two inches (2 in.) fifty-one millimeters (51 mm) in diameter in violation of § 2607.3^P;

(jj) Operating commercial food waste grinders that are not connected and trapped separately from any other fixture or sink compartments, and that is not provided with a supply of cold water in accordance the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR), in violation of § 2607.3^P;

(kk) Failing to maintain copies of the food establishment's professional service contract in violation of §§ 2717.2(a) through (c)^Pf;

(ll) Operating a food establishment with toilet rooms that open directly into a room used for the preparation of food for service to the public in violation of § 2911.1^Pf;

(mm) Operating a food establishment with toilet rooms that are not provided with tight-fitting and self-closing doors in accordance the D.C. Plumbing Code Supplement of 2013, incorporating the International Plumbing Code of 2012 as amended by the D.C. Plumbing Code Supplement of 2013 (Subtitle F of 12 DCMR) (excepted as specified in § 2911.2), in violation of § 2911.1^Pf;

(nn) Failing to provide each handwashing sink or group of two (2) adjacent sinks with a supply of hand cleaning liquid, powder, or bar soap in violation of § 3001.1^Pf;

(oo) Failing to provide each handwashing sink or group of adjacent sinks with required items in violation of §§ 3002.1(a) through (d)^Pf;

(pp) Failing to provide a supply of toilet tissue to each toilet in violation of § 3007.1^Pf;

(qq) Failing to maintain restrooms consisting of a toilet room or toilet rooms, proper and sufficient water closets, and sinks that are conveniently located and readily accessible to all employees as specified in § 3101.3 in violation § 3101.1;

(rr) Failing to display gender-neutral signs on the door of all single-occupancy toilet rooms that read "Restroom," or that have a universally recognized pictorial indicating that persons of any gender may use each restroom, in accordance with 4 DCMR § 802.2 in violation of § 3101.2; or

(ss) Failing to segregate and hold products held by the licensee for credit, redemption, or return to the distributor, including damaged, spoiled, or recalled products in designated areas that are separated from food, equipment, utensils, linen, and single-service and single-use articles in violation of § 3103.1^Pf.

3620.7

Violation of the following Priority, Priority Foundation, or Core Public Health Items in Chapter 32 (Maintenance and Operation of Physical Facilities), Chapter 33 (Certifications, Labeling and Identification of Poisonous or Toxic Materials); Chapter 34 (Operational Supplies and Applications of Poisonous or Toxic Materials; and Chapter 35 (Stock and Retail Sale of Poisonous or Toxic Materials) shall be a Class 3 infraction:

(a) Using food preparation sinks, hand washing lavatories, and warewashing equipment to clean maintenance tools, to prepare or hold maintenance materials, or disposal of mop water and similar liquid wastes in violation of § 3204.1^Pf;

(b) Failing to maintain copies of the food establishment's professional service contract and service schedule, which includes the documents specified in §§ 3210.1(a) through (c), in violation of § 3210.2^Pf;

(c) Failing to maintain the premises free of insects, rodents, and pests and to minimize the presence of insects, rodents, and pests on the premises in violation of § 3210.1^Pf;

(d) Failing to maintain the premises of a food establishment free of unnecessary items and litter in violation of § 3213.1;

(e) Failing to prohibit live animals on the premises, except as specified in §§ 3214.2 and 3214.3, in violation of § 3214.1^Pf;

(f) Failing to store live or dead fish bait so that contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles cannot occur in violation of § 3214.3;

(g) Using a pest extermination service that does not possess a current certification as a District Licensed Pesticide Operator issued by the District's Department of the Environment, Toxic Substances Division, Pesticide Program in violation of § 3300.1^Pf;

(h) Allowing the application of restricted-use pesticides by an individual who is not a licensed certified commercial applicator or a registered employee working under the direct supervision of a licensed commercial or public applicator in violation of § 3300.2^Pf;

(i) Using containers of poisonous or toxic materials and personal care items that do not bear a legible manufacturer's label in violation of § 3301.1^Pf;

(j) Failing to clearly and individually identify working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies with the common name of the material in violation of § 3302.1^Pf;

(k) Failing to properly store poisonous or toxic materials so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles in violation of §§ 3400.1(a) and (b)^P;

(l) Allowing poisonous or toxic materials that are not required for the operation and maintenance of the food establishment on the premises of a food establishment, except as specified in § 3401.2, in violation of § 3401.1^Pf;

(m) Using poisonous or toxic materials in violation of D.C. pesticide laws in violation of §§ 3402.1 and 3402.2^P;

(n) Using a container previously used to store poisonous or toxic materials to store, transport, or dispense food in violation of § 3403.1^P;

(o) Applying chemical sanitizers and other chemical antimicrobials to food-contact surfaces that do not meet the requirements of 40 C.F.R. § 180.940 - Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions), in violation of § 3404.1^P;

(p) Using chemicals to wash peel raw, whole fruits and vegetables that do not meet the requirements of 21 C.F.R. § 173.315 - Chemicals used in washing or to assist in the peeling of fruits and vegetables, in violation of § 3405.1^P;

(q) Using ozone that does not meet the requirements of 21 C.F.R. § 173.368 - Ozone, as an antimicrobial agent in a food establishment for the treatment, storage, and processing of fruits and vegetables that do not meet the requirements of 21 C.F.R. § 173.368 - Ozone, in violation of § 3405.2;

(r) Using chemicals as boiler water additives that do not meet the requirements of 21 C.F.R. § 173.310 - Boiler water additives, in violation of § 3406.1^P;

(s) Using drying agents in conjunction with sanitization that contain components not approved in violation of §§ 3407.1(a) through (e), and § 3407.2^P;

(t) Using lubricants that do not meet the requirements specified in 21 C.F.R. § 178.3570 - Lubricants with incident food contact, in violation of § 3408.1^P;

(u) Using restricted- use pesticides that do not meet the requirements specified in 40 C.F.R. part 152 subpart I - Classification of Pesticides, in violation of § 3409.1^P;

(v) Using rodent bait that is not contained in a covered, tamper-resistant bait station in violation of § 3410.1^P;

(w) Using tracking powder pesticide in a food establishment, except as specified in § 3411.2, in violation of § 3411.1^P;

(x) Allowing medicines not necessary for the health of the employees in a food establishment, except for medicines that are stored or displayed for retail sale, in violation of § 3412.1^Pf;

(y) Failing to properly label, as specified in § 3301, and locate medicines that are for employees' use in a food establishment to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles in violation of § 3412.2^P;

(z) Failing to label, as specified in § 3301, first aid supplies that are for employees' use in a food establishment in violation of § 3414.1(a)^Pf;

(aa) Failing to store first aid supplies that are for employees' use in a food establishment in a kit or container that is located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles in violation of § 3414.1(b)^P;

(bb) Failing to meet the requirements for medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator in violation of § 3413.1^P;

(cc) Storing and displaying poisonous or toxic materials for retail sale without physically separating or partitioning by a wall or structure to prevent the contamination of food, equipment, utensils, and single-service and single-articles in violation § 3500.1(a)^P; or

(dd) Locating poisonous or toxic materials above food, equipment, utensils, linens, and single-service and single-use articles in violation of § 3500.1(b)^P.

3620.8

Violation of the following Priority, Priority Foundation, or Core Public Health Items in Chapter 37 (Mobile Structures & Temporary Stands); Chapter 38 (Residential Kitchens in Bed And Breakfast Operations); Chapter 39 (Caterers); Chapter 40 (Catered Establishments); Chapter 41 (Code Applicability); and Chapter 42 (Plan Submission and Approval) shall be a Class 3 infraction:

(a) Possessing, preparing or vending any food requiring further processing from its original state aboard a mobile food unit without meeting the requirements of §§ 3700.4 and 3701 in violation of § 3700.6^P;

(b) Possessing, preparing, selling, offering to sale, or giving away any food requiring further processing from its original state without the submission of a HACCP Plan, Parasite Destruction Letter, or Risk Control Plan depending on the food and/or process as requested by the Department in violation of § 3701.1^P;

(c) Failing to submit to the Department an original and one (1) copy of a "Hazard Analysis Work Sheet" and a "HACCP Plan" on forms provided by the Department in accordance with Chapter 42 in violation of §§ 3701.2, or 3701.3^P;

(d) Failing to submit HACC^P Plans for review every six (6) months in conjunction with the issuance of a vendor's Health Inspection Certificate in violation of § 3701.4^P;

(e) Implementing changes to a HACCP Plan's operating procedures, menu, ingredients or other products without the Department's approval in violation of § 3701.5^P;

(f) Using propane in violation of § 3702.1(a) -(d) ^P;

(g) Operating a mobile food unit without a current motor vehicle registration that is conspicuously displayed on the mobile food unit in violation of §§ 3704.1 and 3713.1(h)^P;

(h) Failing to prepare and protect food in a depot, commissary, or service support facility in accordance with the Food Code Regulations in violation of § 3708.1^P;

(i) Failing to obtain food from approved sources in sound condition and safe for human consumption in violation of § 3708.2^P;

(j) Failing to maintain food temperature requirements in violation of §§ 3708.5(a) -(b), 3708.6 ^P;

(k) Failing to comply with employee health and hygiene requirements in Chapter 3 and 4 in violation of § 3709.1^P;

(l) Failing to construct and maintain food service preparation and storage areas to prevent the entry of pests and other vermin in accordance with §§ 3210, 3211, and 3213 in violation of § 3711.1^P;

(m) Failing to comply with § 700 and all applicable provisions of the Food Code Regulations in violation of § 3712.1(a) -(x) ^P;

(n) Failing to conspicuously display on the vending vehicle, vending cart or vending stand, all required documents in violation of §§ 3713.1(a) -(h) ^P;

(o) Failing to comply with all applicable provisions of the Food Code Regulations in violation of §§ 3714.2(a) -(d) ^P;

(p) Failing to operate residential kitchens in bed & breakfast operations in compliance with § 700 and all applicable provisions of the Food Code Regulations in violation of §§ 3806.1(a) -(x) ^P;

(q) Failing to use a currently licensed and inspected food establishment, which complies with the Food Code Regulations, as the caterer's base of operations in violation of § 3901.1^P;

(r) Failing to comply with § 700 and all applicable provisions of the Food Code Regulations in violation of § 3903.1^P;

(s) Failing to maintain a catered establishment's contract with a licensed caterer or licensed food establishment and other required documents on the premises in violation of §§ 4000.2(a) -(e) and (f)(1)-(8) ^P;

(t) Failing to provide an approved refrigerator for the storage of potentially hazardous food (time/ temperature control for safety food) in violation of § 4001.1^P;

(u) Failing to remove potentially hazardous food (time/temperature control for safety food) from transport container and store in an approved refrigerator until served in violation of § 4001.1^P;

(v) Maintaining potentially hazardous food (time/temperature control for safety food) temporarily in transport containers that do not maintain proper temperatures in accordance with Chapters 7 through 13 in violation of § 4001.1^P;

(w) Failure of catered establishment to obtain a "Food Establishment License" in violation of § 4000.1(a)^P;

(x) Failure of catered establishment to maintain a current copy of its contract on the premises in violation of §§ 4000.2(a) through (f)^P;

(y) Failing to serve milk in original individual commercially filled containers received from the distributor, or from an approved bulk milk dispenser, or poured from a commercially filled container of not more than one gallon (1 gal.) capacity in violation of § 4001.2^P;

(z) Failing to immediately refrigerate milk in violation of § 4001.2^P;

(aa) Operating a catered establishment which receives food that is prepared elsewhere and transported hot or cold in individually portioned and protected servings without meeting the requirements set forth in §§ 4002.1(a) -(g) in violation of § 4002.1^P;

(bb) Operating a catered establishment which receives and distributes hot or cold food that is prepared elsewhere and transported ready-to-serve in bulk containers without meeting the requirements set forth in §§ 4003.1(a) -(j) in violation of §§ 2305 and 4003.1^P;

(cc) Operating a catered establishment which reheats food that is prepared elsewhere and transported in bulk containers without meeting the requirements set forth in §§ 4003.1(a) -(k) in violation of 4004.1 ^P;

(dd) Failing to comply with a variance granted by the Department in violation of § 4104.2(a)^P; or

(ee) Failing to maintain and provide to the Department upon request records in violation of §§ 4101, 4104.2(b), 4201.1, or 4202^P.

3620.9

Violations of Title 25-A DCMR that are not cited elsewhere in Section 3620 shall be Class 4 infractions.

D.C. Mun. Regs. tit. 16, r. 16-3620

Final Rulemaking published at 52 DCR 5026 (May 27, 2005); as Amended by Final Rulemaking published at 61 DCR 12472 (December 5, 2014); amended by Final Rulemaking published at 62 DCR 14845 (11/13/2015)