Current through Register Vol. 41, No. 3, September 23, 2024
The 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.P
b. 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.P
c. 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.P
d. 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.P
2. 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;P
b. The anicteric food employee has been
symptomatic with symptoms other than jaundice for more than 14 calendar
days;P or
c. 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.P
3. 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 and
b. 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
.P
4. 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;P
b. 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 or
c. 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.P
5. 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;P
b. 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 or
c. 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.P
6. 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;P
b. 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 or
c. 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.P
7. 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;P
b. 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
or
c. 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.P
8. 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;P
b. Has at least one negative throat specimen
culture for Streptococcus pyogenes infection;P
or
c. Is otherwise determined by a
health practitioner to be free of Streptococcus pyogenes
infection.P
9. 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;P
b. An impermeable cover on the arm if the
infected wound or pustular boil is on the arm;P
or
c. A dry, durable, tight-fitting
bandage if the infected wound or pustular boil is on another part of the
body.P
10. 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.P
b. 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.P
c. 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.P
d. 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.P
Statutory Authority: § 3.2-5121 of the Code of
Virginia.
