Caring for Our Community Since 1958

New FDA Food Code Adopted July 1, 2019

Starting July 1, 2019 West Virginia will be using the 2013 FDA Food Code.  Listed below are highlights of the changes. There are more changes then listed below. For a complete list please check

  • Violations are marked as Priory, Priority foundation, and Core
  • Priority-items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, handwashing.  These items are associated with food borne illness
  • Priority foundation– application supports facilitates, or enables one or more of priority items- such as personnel training, necessary equipment, record keeping, and labeling
  • Core– general sanitation, operating procedures, general maintenance
  • BIG 6 employees diagnosed with following cannot work until released by a physician
  • Norovirus
  • Hepatitis A
  • Shigella
  • Shiga-toxin producing E. Coli
  • Salmonella Typhi
  • Nontyphoidal Salmonella
  • Time Temperature Control for Safety (TCS) food formerly known as potentially hazardous food includes cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic growth or toxin formation; animal food that is raw or heat-treated
  • Certified Food Protection Manager– at least one employee that has supervisory and management responsibility and the authority to direct and control food preparation and services shall be certified food protection manager who has shown proficiency of required information through passing a test that is part of the accredited program. Must be completed by July 1, 2020

Acceptable certification programs for managerial course

  1. State Food Safety
  2. Serv Safe
  3. National Registry of Food Safety Professionals
  4., Inc.
  5. Prometric Inc.
  • Person In Charge-employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties.
  • Temperature measuring devices, manual and mechanical dishwashing
    • In manual dishwashing operations, a temperature measuring device shall be provided and readily accessible for frequently measuring the washing and sanitizing temperatures.
    • In a hot water mechanical dishwasher operation, an irreversible registering temporary indicator shall be provided and readily accessible for measuring the utensil surface temperature. (heat tapes or discs will be required)
  • Warewashing equipment
  • Must have an EPA Label with use instructions
  • Responsibilities of permit holder
    • Notify customers that a copy of the most recent establishment inspection report is available upon request by posting a sign or placard in a location in the food establishment that is conspicuous to customers or by another method acceptable to the regulatory authority. ( inspection form, sign, or placard will be posted at cash register, front door, dining area.)
  • Time frame for corrections
    • Regulatory authority shall agree to or specify a time frame not to exceed 72 hours after inspection, for the permit holder to correct violations of a Priority item, or 10 calendar days after the inspection, for the permit holder to correct violations of a Priority foundation item.
    • The permit holder shall correct core items by a date and time agreed or specified by the regulatory authority but no later than 90 calendar days after the inspection.

** The new food code  places a lot of emphasis on training and documentation. Make sure your food establishment has a policy employee health and exclusions for illness.

*** There will be a risk based inspection that takes place in addition to your food inspection.

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