Current through Register Vol. 41, No. 8, December 2, 2024
Section 2VAC5-585-100 - Removal of exclusions and restrictionsThe person in charge shall adhere to the following conditions when removing, adjusting, or retaining the exclusion or restriction of a food employee:
1. Except when a food employee is diagnosed with typhoid fever or an infection from Hepatitis A virus: a. Reinstate a food employee who was excluded as specified under subdivision 1 a of 2VAC5-585-90 if the food employee: (1) Is asymptomatic for at least 24 hours;Por(2) Provides to the person in charge written medical documentation from a health practitioner that states the symptom is from a noninfectious condition.Pb. If a food employee was diagnosed with an infection from Norovirus and excluded as specified under subdivision 1 b of 2VAC5-585-90: (1) Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food establishment not serving a highly susceptible population until the conditions for reinstatement as specified in subdivision 4 a or b of this section are met;P or(2) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified in subdivision 4 a or b of this section are met.Pc. If a food employee was diagnosed with an infection from Shigella spp. and excluded as specified under subdivision 1 b of 2VAC5-585-90: (1) Restrict the food employee, who is asymptomatic, for at least 24 hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified in subdivision 5 a or b of this section are met;P or(2) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified in (i) subdivision 5 a or 5 b of this section, or (ii) subdivisions 1 c (1) and 5 a of this section are met.Pd. If a food employee was diagnosed with an infection from Shiga toxin-producing Escherichia coli and excluded as specified under subdivision 1 b of 2VAC5-585-90: (1) Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified in subdivision 6 a or b of this section are met;P or(2) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified in subdivision 6 a or b are met.P e. If a food employee was diagnosed with an infection from Salmonella (nontyphoidal) and excluded as specified in subdivision 1 b of 2VAC5-585-90: (1) Restrict the food employee, who is asymptomatic, for at least 30 days until conditions for reinstatement as specified in subdivision 7 a or b of this section are met;P or(2) Retain the exclusion for the food employee, who is symptomatic, until conditions for reinstatement as specified in subdivision 7 a or b of this section are met.P2. Reinstate a food employee who was excluded as specified under subdivision 2 of 2VAC5-585-90 if the person in charge obtains approval from the department and one of the following conditions is met: a. The food employee has been jaundiced for more than seven calendar days;Pb. The anicteric food employee has been symptomatic with symptoms other than jaundice for more than 14 calendar days;P orc. The food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Hepatitis A virus infection.P3. Reinstate a food employee who was excluded as specified under subdivision 3 of 2VAC5-585-90 if: a. The person in charge obtains approval from the department;P andb. The food employee provides to the person in charge written medical documentation from a health practitioner that states the food employee is free from typhoid fever .P4. Reinstate a food employee who was excluded as specified under subdivision 1 b or 4 a of 2VAC5-585-90, who was restricted under subdivision 4 b of 2VAC5-585-90 if the person in charge obtains approval from the department and one of the following conditions is met: a. The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Norovirus infection;Pb. The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than 48 hours have passed since the food employee became asymptomatic;P orc. The food employee was excluded or restricted and did not develop symptoms and more than 48 hours have passed since the food employee was diagnosed.P5. Reinstate a food employee who was excluded as specified under subdivision 1 b or 5 a of 2VAC5-585-90 or who was restricted under subdivision 5 b of 2VAC5-585-90 if the person in charge obtains approval from the department and one of the following conditions is met: a. The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Shigella spp. infection based on test results showing two consecutive negative stool specimen cultures that are taken:(1) Not earlier than 48 hours after discontinuance of antibiotics;P and(2) At least 24 hours apart;Pb. The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than seven calendar days have passed since the food employee became asymptomatic;P orc. The food employee was excluded or restricted and did not develop symptoms and more than seven calendar days have passed since the food employee was diagnosed.P6. Reinstate a food employee who was excluded or restricted as specified under subdivision 1 b or 6 a of 2VAC5-585-90 or who was restricted under subdivision 6 b of 2VAC5-585-90 if the person in charge obtains approval from the department and one of the following conditions is met: a. The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of an infection from Shiga toxin-producing Escherichia coli based on test results that show two consecutive negative stool specimen cultures that are taken: (1) Not earlier than 48 hours after the discontinuance of antibiotics;P and(2) At least 24 hours apart;Pb. The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved and more than seven calendar days have passed since the food employee became asymptomatic;P orc. The food employee was excluded or restricted and did not develop symptoms and more than seven days have passed since the food employee was diagnosed.P7. Reinstate a food employee who was excluded as specified under subdivision 1 b of 2VAC5-585-90 or who was restricted under subdivision 7 of 2VAC5-585-90 if the person in charge obtains approval from the departmentP and one of the following conditions is met:a. The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Salmonella (nontyphoidal) infection based on test results showing two consecutive negative stool specimen cultures that are taken: (1) Not earlier than 48 hours after discontinuance of antibiotics,P and(2) At least 24 hours apart;Pb. The food employee was restricted after symptoms of vomiting or diarrhea resolved, and more than 30 days have passed since the food employee became asymptomatic;P orc. The food employee was excluded or restricted and did not develop symptoms and more than 30 days have passed since the food employee was diagnosed.P8. Reinstate a food employee who was excluded or restricted as specified under subdivision 8 a or b of 2VAC5-585-90 if the food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee meets one of the following conditions:a. Has received antibiotic therapy for Streptococcus pyogenes infection for more than 24 hours;Pb. Has at least one negative throat specimen culture for Streptococcus pyogenes infection;P orc. Is otherwise determined by a health practitioner to be free of Streptococcus pyogenes infection.P9. Reinstate a food employee who was restricted as specified under subdivision 9 of 2VAC5-585-90 if the skin, infected wound, cut, or pustular boil is properly covered with one of the following: a. An impermeable cover such as a finger cot or stall and a single-use glove over the impermeable cover if the infected wound or pustular boil is on the hand, finger, or wrist;Pb. An impermeable cover on the arm if the infected wound or pustular boil is on the arm;P orc. A dry, durable, tight-fitting bandage if the infected wound or pustular boil is on another part of the body.P10. Reinstate a food employee who was restricted as specified under subdivision 10 of 2VAC5-585-90 and was exposed to one of the following pathogens as specified under 2VAC5-585-80 A 4 or 5: a. Norovirus and one of the following conditions is met:(1) More than 48 hours have passed since the last day the food employee was potentially exposed;Por(2) More than 48 hours have passed since the food employee's household contact became asymptomatic.Pb. Shigella spp. or Shiga toxin-producing Escherichia coli and one of the following conditions is met: (1) More than three calendar days have passed since the last day the food employee was potentially exposed;P or(2) More than three calendar days have passed since the food employee's household contact became asymptomatic.Pc. typhoid fever (caused by Salmonella typhi) and one of the following conditions is met: (1) More than 14 calendar days have passed since the last day the food employee was potentially exposed;P or(2) More than 14 calendar days have passed since the food employee's household contact became asymptomatic.Pd. Hepatitis A virus and one of the following conditions is met:(1) The food employee is immune to Hepatitis A virus infection because of prior illness from Hepatitis A;P(2) The food employee is immune to Hepatitis A virus infection because of vaccination against Hepatitis A;P(3) The food employee is immune to Hepatitis A virus infection because of IgG administration;P(4) More than 30 calendar days have passed since the last day the food employee was potentially exposed;P(5) More than 30 calendar days have passed since the food employee's household contact became jaundiced;P or(6) The food employee does not use an alternative procedure that allows bare hand contact with ready-to-eat food until at least 30 days after the potential exposure, as specified in subdivision 10 d (4) and (5) of this section, and the food employee receives additional training about:(a) Hepatitis A symptoms and preventing the transmission of infection;P(b) Proper handwashing procedures;P and(c) Protecting ready-to-eat food from contamination introduced by bare hand contact.P2 Va. Admin. Code § 5-585-100
Derived from Virginia Register Volume 24, Issue 2, eff. October 16, 2007; amended, Virginia Register Volume 26, Issue 7, eff. January 1, 2010; Amended, Virginia Register Volume 32, Issue 22, eff. 7/12/2016.Statutory Authority: § 3.2-5121 of the Code of Virginia.