Skip to content
The COVID Project
  1. Library
  2. Standing duties: Virginia
  3. DUT-VA-013

Ex. DUT-VA-013 Standing duty Primary source read

12VAC5-421-3770, Summary suspension of a permit (Food Regulations), text as in force in 2020

12VAC5-421-3770. Summary Suspension of a Permit

State Board of Health (Virginia Department of Health) · Virginia (State)

The COVID Project

The record

Jurisdiction
Virginia
Level
State
Authority
12VAC5-421-3770
Issued
2002-03-01 Mar. 1, 2002
Effective
standing throughout 2020 Q2 to 2021 Q3 (read as 2002-03-01)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 1, 2002 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses: permitted restaurants and food establishments; the permit holder or person in charge
Character
sanitary code duty
Collection
Standing duties: Virginia DUT-VA

Operative words

The director may summarily suspend a permit to operate a restaurant if the director finds the continued operation constitutes a substantial and imminent threat to the public health... Upon receipt of such notice that a permit is suspended, the permit holder shall cease food operations immediately and begin corrective action.

Penalty

Summary suspension of the operating permit; cessation of food operations; informal fact-finding conference within three working days on request; suspension sustained if no request within 10 working days

What it required

Every permitted restaurant to cease operations immediately on summary suspension for a substantial and imminent threat to the public health; Order of Public Health Emergency One (Mar. 17, 2020) made 'the observation of 11 or more patrons in a restaurant' the ground for 'immediate operation permit suspension' under this section (Ex. VA-002).

Retrieval note

Capture of October 22, 2020, within the period; the 2021 amendment (eff. June 10, 2021) changed 'restaurant' to 'food establishment' and 'certified mail' to 'mail' without altering the suspension standard. 12VAC5-90-90 K (Ex. DUT-VA-003) cross-references 12VAC5-421-80 for the food employee's duty to report a transmissible disease to the person in charge.