Time and Temperature Controlled for Safety (TCS) Foods

TCS foods require temperature control because they are capable of supporting the growth of various infectious microorganisms or toxins. These foods include meats, dairy products, eggs, mushrooms, cut melons, cut tomatoes, cut leafy greens, and heat-treated plant food such as cooked rice, beans, and vegetables. Some baked goods may fall into the TCS category, such as cheesecake, custard, filled cupcakes, etc. Determination of whether or not the item(s) are TCS foods should be made by a trained food safety professional. TCS foods must be kept hot, at 135°F or higher, or cold, at 41°F or lower. Use a calibrated metal stem thermometer to ensure you are meeting the required temperatures. Ice should be drained frequently at an approved dump site.

Food Service Vendors

These individuals prepare food on-site at a farmer’s market (e.g., in a permanent facility, as a temporary food establishment, or as a mobile food establishment). Food service vendors, except those offering for sale primarily packaged food products or samples of such products not subject to Virginia Department of Health (VDH) inspection, must obtain a VDH food establishment permit.

The local health department issues these permits and inspects food service vendors. Vendors who do not hold a food establishment or mobile food establishment permit need to apply to the local health department for a temporary food establishment permit and submit the applicable fee at least 10 days prior to operation.

Food service vendors must have:

● An on-site ware-washing set up that includes three basins: one each for washing, rinsing, and sanitizing. The appropriate strength of sanitizing solution should be used and confirmed with the appropriate sanitizer test strips. Wares should be cleaned and sanitized after use with raw animal foods and before use with ready-toeat foods, including raw fruits and vegetables, or if they have been contaminated.

● An on-site handwashing station is also required. Hands must be washed frequently including before beginning food preparation or putting on gloves; and after eating, drinking, smoking, using the restroom, handling raw animal foods, or whenever the hands may have been contaminated. Avoid bare-hand contact with ready-to-eat foods by using gloves, tongs, deli paper, etc. Don’t work if you are sick.

● Overhead protection for vendor operation is required (tent, canopy, awning, table umbrella, permanent structure, etc.). Food preparation must occur on smooth cleanable surfaces such as tables. Slicing must be done on cutting boards. Use wrapping or other effective barriers to protect from customer handling. Stored food should be in a clean, dry location, at least 6 inches off the ground.

● At least one employee who is a certified food protection manager, meaning they have passed a food protection manager certification program recognized by the Virginia Department of Health (e.g., the ServSafe® Food Protection Manager certification).

Food Vendors- When do I need a permit?

If you are planning on operating at a temporary event, you are required to obtain the applicable permit from the Local Health Department prior to operation. The permit must be posted where it can easily be seen by the public. A TFE permit is valid only for the specified permit period (up to 12 months) and is not transferable from person to person.

If you hold a valid permanent VDH Food Establishment Permit (restaurant, caterer, mobile food establishment, etc.) and are interested in also operating at a temporary event, you do not need to obtain an additional permit so long as all food is prepared in accordance with the Board of Health Food Regulations. The local health department in which you operate your permanent establishment needs to be aware that you also plan to operate at a temporary event. A copy of the VDH Food Establishment Permit must be posted during the event.

Inspections

Prior to issuing the TFE permit, an environmental health specialist will conduct an on-site pre-operational inspection to determine compliance with the Food Regulations.   The Code of Virginia (§35.1-22) requires that all restaurants (e.g. food establishments) be inspected at least annually, with no more than 12 months elapsing between each such inspection.

Additional inspections of TFEs are determined using a risk categorization with emphasis on those:

1. That engage in significant preparation and holding of TCS (Time/Temperature Control for Safety) foods onsite, and

2. Whose performance history shows repeated non-conformance with the Food Regulations.

Temporary Food Establishment Application