3620 FOOD & FOOD OPERATIONS INFRACTIONS

3620.1 Reserved

3620.2 Reserved

3620.3 Violation of any of the following provisions shall be a Class 3 infraction:

1. (a) 25 DCMR § 200.3 or § 200.4 (failure of licensee to employ a full-time person in charge who is present at the food establishment during all hours of operation);
2. (b) 25 DCMR § 200.3 or § 200.4 (failure of licensee to employ a full-time person in charge who is a certified food manager recognized by the Department);
3. (c) 25 DCMR § 3210.1 (failure to minimize the presence of rodents on the premises, as specified in §§ 3210.1(a) through (d));
4. (d) 25 DCMR § 4409.1 (operating a food establishment with an interruption of water service resulting in insufficient capacity to meet water demands throughout the establishment);
5. (e) 25 DCMR § 4409.1 (operating a food establishment with extensive fire damage that affects the establishment's ability to operate in compliance with the Food Code);
6. (f) 25 DCMR § 4409.1 (operating a food establishment with a sewage backup);
7. (g) 25 DCMR § 4409.1 (operating a food establishment with an extended interruption of electrical service that affects the establishment's ability to operate in compliance with the Food Code);
8. (h) 25 DCMR § 4409.1 (operating a food establishment with serious flood damage affecting the establishment's ability to operate in compliance with the Food Code);
9. (i) 25 DCMR § 4409.1 (misuse of poisonous or toxic materials in a food establishment);
10. (j) 25 DCMR § 4409.1 (operating a food establishment with gross insanitary occurrence or condition that may endanger public health including, but not limited to, heavy infestation of vermin);
11. (k) 25 DCMR § 4409 (operating a food establishment with circumstances that may endanger public health including, but not limited to, no hot water, or incorrect hot and cold holding temperatures for potentially hazardous foods that do not comply with the Food Code and cannot be corrected during the course of the inspection);
12. (l) 25 DCMR § 4300.1 (operating a food establishment without a valid license issued by the Mayor, unless exempted under 25 DCMR § 99);
13. (m) 25 DCMR § 4402.1 (failure to allow access to DOH during the food establishment's hours of operation and other reasonable times as determined by DOH, for one or more purposes identified in subsection § 4402.1(a) through (c));
14. (n) Section 1 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246; D.C. Official Code § 48-101) (selling, exchanging, or delivering, or having in his or her custody or possession with the intent to sell or exchange, or expose or offer for sale or exchange, any article of

food or drug which is adulterated within the meaning of this chapter);

(o) Section 8 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, effective May 2, 2002 (D. C. Law 14-116; D.C. Official Code § 48-108) (hindering, obstructing, or in any way interfering with any inspector, or other authorized personnel of DOH in the performance of his duty in carrying out the provisions of Food, Chapter 1-Adulteration); or

(p) Section 4a (a) or (b) of the District of Columbia Smoking Restriction Act of 1979, effective March 29, 1988 (D.C. Law 7-100; D.C. Official Code § 7-1703.01(a) or § 7-1703.01(b)) (failure to designate a non-smoking area in a restaurant with a capacity of 50 or more).

3620.4 Violation of any of the following provisions of 25 DCMR Chapters 2 through 5 (Subtitle B: Management and Personnel) shall be a Class 4 infraction:

(a) 25 DCMR § 201 (failure to demonstrate knowledge);

(b) 25 DCMR § 300.1 (failure of licensee to require food employees and food employee applicants to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food);

(c) 25 DCMR § 301.1 (failure to exclude a food employee from a food establishment when the food employee is diagnosed with an infectious agent specified in § 300.3);

(d) 25 DCMR § 301.2 (failure to restrict a food employee from working with exposed food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles when the food employee is suffering from a symptom specified in § 300.4, or has a stool that yields a specimen culture that is positive for Salmonella Typhi, Shigella spp., or Escherichia coli 0157:H7);

(e) 25 DCMR § 301.3 (failure to exclude a food employee working with a highly susceptible population when the employee is experiencing symptoms, conditions or history of illness specified in § 300.4);

(f) 25 DCMR § 301.4(a) (failure to exclude a food employee who is jaundiced from the food establishment when the onset of jaundice occurred within seven (7) calendar days of the licensee being put on notice of the employee's symptoms);

(g) 25 DCMR § 301.4(b) (failure to exclude a food employee who is jaundiced from a food establishment that serves a highly susceptible population when the onset of jaundice occurred more than seven (7) calendar days of the licensee being put on notice of the employee's symptoms);

(h) 25 DCMR § 301.4(c) (failure to restrict a food employee who is jaundiced from activities specified in § 301.2 when the food establishment does not serve a highly susceptible population);

(i) 25 DCMR § 500.1 (except as specified in § 500.2, failure to prohibit an employee from eating, drinking, or using any form of tobacco in areas where the contamination of exposed food, clean equipment, utensils, linens, unwrapped single-service and single-use articles, or other items needing protection can result);

(j) 25 DCMR § 501.1 (failure to prohibit food employees who are experiencing persistent sneezing, coughing, or runny nose that causes discharges from the eyes, nose, or mouth from working with exposed food, clean equipment, utensils, linens, or

unwrapped single-service or single-use articles); or

(k) 25 DCMR § 503.1 (except as specified in § 503.2, failure to prohibit food employees from caring for, or handling animals that are allowed on the premises of a food establishment pursuant to §§ 3214.2(b) through (e)).

3620.5 Violation of any of the following provisions of 25 DCMR Chapters 6 through 13 (Subtitle C: Food) shall be a Class 4 infraction:

(a) 25 DCMR § 600 or 25 DCMR §§ 700 through 706 (prohibited sale of, use of, or offer for sale of food that is from an unapproved source);

(b) 25 DCMR § 707.1 through § 707.5 (receiving potentially hazardous food that is not at the required temperature);

(c) 25 DCMR § 708.1 (receiving food that contains unapproved additives or additives that exceed amounts specified in 21 CFR 170 through 180; 21 CFR 181 through 186; and 9 CFR Subpart C Section 424.21(b));

(d) 25 DCMR § 709.1 (receiving shell eggs that are not clean and sound and that exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in 7 CFR Part 56, and 9 CFR Part 590);

(e) 25 DCMR §§ 710.1 through 710.4 (receiving egg and milk products that are not pasteurized as specified by the USDA at 21 CFR 135; and 21 CFR 133);

(f) 25 DCMR § 711.1 (receiving food packages that are not in good condition so that the food is exposed to adulteration or potential contaminants);

(g) 25 DCMR § 712.1 (receiving ice for use as a food or a cooling medium that is not made from drinking water);

(h) 25 DCMR §§ 714.1 through 714.3 (receiving shellstock in containers that do not bear legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships, or reships the shellstock, as specified in the Food Code);

(i) 25 DCMR § 717.1 (except as specified in section § 717.3, failure to ensure that shellstock tags remain attached to the container in which the shellstock was received until the container is empty);

(j) 25 DCMR § 717.2 (failure to retain shellstock tags or labels for ninety (90) calendar days from the date the container is emptied using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date when, or dates during which, the shellstock are sold or served);

(k) 25 DCMR §§ 800.1 (failure to prevent food employees from contaminating ready-to-eat food with his or her bare hands as specified in sections §§ 800.1 through 800.4);

(l) 25 DCMR § 801.1 (failure to prevent food employees from contaminating food by using a utensil more than once to taste food that is to be sold or reserved);

(m) 25 DCMR § 802.1 (failure to protect food from cross contamination as specified in subsections §§ 802.1(a) through (h));

(n) 25 DCMR § 804.1 (failure to substitute pasteurized eggs or egg products for raw shell eggs in the preparation of foods as specified in subsections §§ 804.1(a) through

1. (b));
2. (o) 25 DCMR § 805.1 (failure to protect food from contamination that may result from the addition of unsafe or unapproved food or color additives, or unsafe or unapproved levels of approved food and color additives);
3. (p) 25 DCMR § 805.2 (failure to protect food from contamination by employees applying sulfiting agents to fresh fruit and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1, or employees serving or selling food, except for grapes, that is treated with sulfiting agents before receipt by the food establishment);
4. (q) 25 DCMR § 809.1 (failure to prevent contamination of food through contact with equipment and utensils that are not cleaned as specified in Chapter 19 and sanitized as specified in Chapter 20 of the Food Code);
5. (r) 25 DCMR §§ 822.1 through 822.3 or 25 DCMR §§ 823.1 through 823.2 (failure to protect food from contamination by consumers);
6. (s) 25 DCMR §§ 900.1 through 900.4 (failure to cook raw animal foods such as eggs, fish, meat, poultry, and foods containing raw animal foods at required temperatures and holding times);
7. (t) 25 DCMR § 901.1 (failure to properly cook raw animal foods in a microwave as specified in subsections § 901.1(a) through (d));
8. (u) 25 DCMR § 903.1 (except as specified in section § 903.2, failure to freeze throughout raw, raw-marinated, partially cooked, or marinated-partially cooked fish other than molluscan shellfish at required temperatures and time controls);
9. (v) 25 DCMR §§ 906.1 through 906.5 (except as provided, failure to heat ready-to-eat foods or to reheat potentially hazardous foods for hot holding at required temperatures and time controls);
10. (w) 25 DCMR § 1003 through 1006 (failure to comply with required temperatures and time controls for cooling methods for hot and cold holding and for food display);
11. (x) 25 DCMR § 1007.1 through 1007.6 (failure to clearly date mark at the time of preparation ready-to-eat, potentially hazardous foods held refrigerated at required temperatures and time controls for more than twenty-four (24) hours);
12. (y) 25 DCMR § 1008 (failure to discard ready-to-eat, potentially hazardous foods, prepared and held refrigerated at required temperatures and time controls for more than twenty-four (24) hours, which was not consumed within the time specified in section § 1008);
13. (z) 25 DCMR § 1009 (failure to comply with requirements when using time as a public health control);
14. (aa) 25 DCMR § 1010.1 or 25 DCMR § 4102 (failure to obtain a variance before smoking food as a flavor enhancement, curing food, brewing alcoholic beverages, using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement or to render a food so that it is not potentially hazardous);

(bb) 25 DCMR § 1010.2 or 25 DCMR § 4102 (failure to obtain a variance before packaging food using a reduced oxygen method of packaging except as specified in section 1011 where a barrier to Clostridium botulinum in addition to refrigeration exists, before custom processing animals that are for personal use as food and not for sale or service in a food establishment, or before preparing food by another method that is determined by the Department to require a variance);

(cc) 25 DCMR § 1011.1 (failure to ensure that there are at least two (2) barriers in place to control the growth and toxin formation of Clostridium botulinum where a food establishment packages foods using a reduced oxygen method of packaging and Clostridium botulinum is identified as a microbiological hazard in the final packaged form);

(dd) 25 DCMR § 1011.2; and 25 DCMR § 4205.1(d) (failure to have a HACCP Plan and maintain specific information as required where a food establishment packages foods using a reduced oxygen packaging methods and Clostridium botulinum is identified as a microbiological hazard in the final packaged form);

(ee) 25 DCMR § 1105.1 (except as specified in §§ 900.3, 900.4 and 1300.1(d), failure to notify consumers of the potential health risks associated with eating animal food that is raw, undercooked, or not otherwise processed to eliminate pathogens where the food establishment offers such foods in ready-to-eat form or as a raw ingredient in another ready-to-eat food);

(ff) 25 DCMR § 1200.1 (failure to discard or recondition food that is unsafe, adulterated, or not honestly presented as specified in section 600);

(gg) 25 DCMR § 1200.2 (failure to discard food that is not from an approved source as specified in §§ 700 through 706);

(hh) 25 DCMR § 1200.3 (failure to discard ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified in § 301);

(ii) 25 DCMR § 1200.4 (failure to discard food that is contaminated by food employees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means); or

(jj) 25 DCMR § 1300 (failure of food establishment that serves a highly susceptible population to comply with specialized requirements for serving, re-serving or offering food for sale).

3620.6 Violation of any of the following provisions of 25 DCMR Chapters 14 through 22 (Subtitle D: Equipment, Utensils, and Linen) shall be a Class 4 infraction:

(a) 25 DCMR § 1400.1 or 25 DCMR § 1411 (failure to use utensils and food-contact surfaces of equipment, and single-service and single-use articles that meet the requirements of §§ 1400.1 and 1411 as specified in §§ 1400.1(a) through (e));

(b) 25 DCMR § 1403.1 (improper use of copper and copper alloy such as brass in contact with acidic food that has a pH below six (6) such as vinegar, fruit juice, or wine or for

a fitting or tubing installed between a backflow prevention device and a carbonator, except as specified in § 1403.2);

1. (c) 25 DCMR § 1404.1 (improper use of galvanized metal for utensils or food-contact surfaces or equipment that are used in contact with acidic food that has a pH below (six) 6 such as vinegar, fruit juice or wine);
2. (d) 25 DCMR § 1501.1 (improper use of food temperature measuring devices with sensors or stems constructed of glass, except that thermometers with glass sensors or stems that are encased in a shatterproof coating such as candy thermometers may be used);
3. (e) 25 DCMR § 1502.1 (failure to use multi-use food-contact surfaces that are smooth, free of breaks, open seams, cracks, chips, pits, and similar imperfections; free of sharp internal angles, corners, and crevices; and that have smooth welds and joints);
4. (f) 25 DCMR § 1502.2 (failure to use multi-use food-contact surfaces that are accessible for cleaning and inspection by one of the methods specified in § 1502.2(a) through (c));
5. (g) 25 DCMR § 1523.1 (use of a machine vending potentially hazardous food that is not equipped with an automatic control that prevents the machine from vending food if there is a power failure, mechanical failure, or other condition that results in an internal machine temperature that cannot maintain food temperatures as specified in the Food Code until the machine is serviced and restocked with food that has been maintained at temperatures specified in the Food Code);
6. (h) 25 DCMR § 1810.1 (failure to maintain the temperature of the water at 77°C (171°F) or above when immersion in hot water is used for sanitizing equipment in a manual operation);
7. (i) 25 DCMR § 1813.1 (failure to use a chemical sanitizer in a sanitizing solution for a manual or mechanical operation at exposure times specified in § 2002.2 that is listed in 21 CFR 178.1010--sanitizing solutions, and that is used in accordance with the EPA-approved manufacturer's label use instructions);
8. (j) 25 DCMR § 1813.2 (failure to use a chlorine solution that has a minimum temperature based on the concentration and pH of the solutions listed in the chart);
9. (k) 25 DCMR § 1813.3 (failure to use an iodine solution as specified in §§ 1813.3(a) through (c));
10. (l) 25 DCMR § 1813.4 (failure to use a quaternary ammonium compound solution as specified in subsections 1813.4(a) through (c));
11. (m) 25 DCMR § 1817.1 (failure of food establishment operating without facilities specified in the Food Code for cleaning and sanitizing kitchenware and tableware to provide only single-use kitchenware, single-service articles, and single-use articles for use by food employees and single-service articles for use by consumers);
12. (n) 25 DCMR § 1900.1 (failure to keep equipment food-contact surfaces, and utensils clean to sight and touch);
13. (o) 25 DCMR § 1900.2 (failure to keep food-contact surfaces of cooking equipment and pans free of encrusted grease deposits, and other soil accumulations);

(p) 25 DCMR § 1900.3 (failure to keep nonfood-contact surfaces of equipment free of an accumulation of dust, dirt, food residue, and other debris);

(q) 25 DCMR §§ 1901.1 through 1901.5 (failure to clean equipment food-contact surfaces, and utensils as specified);

(r) 25 DCMR §§ 1910.1 through 1910.3 (failure to meet the requirements for cleaning and refilling empty containers intended to be cleaned and refilled); or

(s) 25 DCMR §§ 2001 through 2002 (failure to sanitize equipment, food-contact surfaces, and utensils before use after cleaning at the required temperature and hold time, frequency, and methods).

3620.7 Violation of any of the following provisions of 25 DCMR Chapters 23 through 27 (Subtitle E: Water, Plumbing, and Waste) shall be a Class 4 infraction:

(a) 25 DCMR § 2300.1, 25 DCMR § 2302.1, or § 25 DCMR § 2304.1 (use of drinking water from a system other than the District of Columbia public water system or other approved sources);

(b) 25 DCMR § 2301.1 (failure to flush and disinfect drinking water system before placing it in service after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system);

(c) 25 DCMR § 2304.2 (failure to use nondrinking water for nonculinary purposes only);

(d) 25 DCMR § 2305.1 (failure to use a water source and system that is of sufficient capacity to meet the water demands of the food establishment);

(e) 25 DCMR § 2305.2 (failure to use a hot water generation and distribution systems that are of sufficient capacity to meet peak hot water demands throughout the food establishment);

(f) 25 DCMR § 2400.1 (use of a plumbing system and hoses conveying water that are not constructed and repaired with approved materials according to the accepted code of practice);

(g) 25 DCMR § 2400.2 (use of a water filter that is not made of safe materials);

(h) 25 DCMR § 2401.1 (use of a plumbing system that is not designed, constructed, and installed according to the accepted code of practice);

(i) 25 DCMR § 2403.1 (failure to use an air gap between the water supply inlet and the flood level rim of the plumbing fixture, equipment, or nonfood equipment that is at least twice the diameter of the water supply inlet and that is not less than twenty-five millimeters (25mm) or one inch (1 in.));

(j) 25 DCMR §§ 2406 through 2407 (failure to provide hand washing lavatories for employees' use as specified in § 2411, in accordance with accepted code of practice);

(k) 25 DCMR § 2409.1 (failure to install a plumbing system that precludes backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the food establishment, as specified in § 2409.1);

(l) 25 DCMR §§ 2411.1 through 2411.7 (failure to locate a hand washing lavatory to allow convenient use by employees in food preparation, food dispensing, and ware washing areas and in, or immediately adjacent to, toilet rooms);

(m) 25 DCMR § 2415.1 (operating with a prohibited cross-connection by connecting a pipe or conduit between the drinking water system and a nondrinking water system or a water system of unknown quality);

(n) 25 DCMR §§ 2417.1 through 2417.2 (failure to clean and maintain a reservoir that is used to supply water to a device such as a defogger in accordance with manufacturer's specifications or in accordance with the procedures specified in § 2712.2, whichever is more stringent);

(o) 25 DCMR § 2418.1 (failure to maintain and operate a plumbing system in good repair in accordance with the accepted code of practice);

(p) 25 DCMR § 2510.1 (failure to flush and sanitize a water tank, pump, and hoses before being placed in service after construction, repair, modification, and periods of nonuse);

(q) 25 DCMR § 2602 (prohibited use of a direct connection between the sewage system and a drain originating from equipment in which food, portable equipment, or utensils are placed, excepted as specified in §§ 2602.2 and 2602.3);

(r) 25 DCMR §§ 2604.1 (failure to convey sewage to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated in accordance with the accepted code of practice);

(s) 25 DCMR § 2607.1 (failure to dispose of sewage through an approved facility that is a public sewage treatment plant or an individual sewage disposal system that is sized, constructed, maintained, and operated in accordance with the accepted code of practice); or

(t) 25 DCMR § 2607.2 (failure of a food establishment that is served by a sanitary sewer and conducting any activity or activities which generate food wastes to have and use one (1) or more food waste grinders that are conveniently located near each such activity and which have adequate capacity to dispose of all readily grindable food waste produced).

3620.8 Violation of any of the following provisions of 25 DCMR Chapters 28 through 32 (Subtitle F: Physical Facilities) shall be a Class 4 infraction:

(a) 25 DCMR § 3204.1 (improper use of food preparation sinks, hand washing lavatories, and ware washing equipment to clean maintenance tools, to prepare or hold maintenance materials, or the disposal of mop water and similar liquid wastes);

(b) 25 DCMR § 3210.2 (failure to maintain copies of the food establishment's professional service contract and service schedule, which documents the information specified in §§ 3210.1(a) through (c));

(c) 25 DCMR § 3214.1 (failure to prohibit live animals on the premises, except as specified in §§ 3214.2 and 3214.3); or

(d) 25 DCMR §§3214.2 through 3214.3 (failure to prevent the contamination of food, clean equipment, utensils, linens, or unwrapped single-service and single-use articles from live animals permitted on the premises as specified in § 3214.2(a) through (d)).

3620.9 Violation of any of the following provisions of 25 DCMR Chapters 33 through 35 (Subtitle G: Poisonous or Toxic Materials) shall be a Class 4 infraction:

1. (a) 25 DCMR § 3300.1 (use of containers of poisonous or toxic materials and personal care items that do not bear a legible manufacturer's label);
2. (b) 25 DCMR § 3301.1 (failure to identify clearly and individually with the common name of the material working containers used for storing poisonous or toxic materials, such as cleaners and sanitizers taken from bulk supplies);
3. (c) 25 DCMR § 3400.1 (failure to properly store poisonous or toxic materials so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles as specified in §§ 3400.1(a) and (b));
4. (d) 25 DCMR § 3401.1 (failure to allow on the premises of a food establishment only those poisonous or toxic materials that are required for the operation and maintenance of the food establishment);
5. (e) 25 DCMR §§ 3402.1 through 3402.3 (use of poisonous or toxic materials in violation of D.C. pesticide laws and regulations and the Food Code);
6. (f) 25 DCMR § 3403.1 (improper use of container previously used to store poisonous or toxic materials to store, transport, or dispense food);
7. (g) 25 DCMR § 3404.1 (applying chemical sanitizers and other chemical antimicrobials to food-contact surfaces that do not meet the requirements of 21 CFR 178.1010 -- Sanitizing Solutions);
8. (h) 25 DCMR § 3405.1 (use of chemicals to wash or assist in the peeling of raw, whole fruits and vegetables that do not meet the requirements of the Food Code);
9. (i) 25 DCMR § 3406.1 (use of chemicals as boiler water additives that do not meet the requirements of 21 CFR 173.310 -- Boiler Water Additives);
10. (j) 25 DCMR § 3407.1(a) through (e) (use of drying agents used in conjunction with sanitization that contain components not listed in this section);
11. (k) 25 DCMR § 3408.1 (use of lubricants that do not meet the requirements specified in 21 CFR 178.3570);
12. (l) 25 DCMR § 3409 (use of restricted use pesticides that do not meet the requirements specified in 40 CFR part 152 Subpart I -- Classification of Pesticides);
13. (m) 25 DCMR § 3410 (use of rodent bait that is not contained in a covered, tamper-resistant bait station);
14. (n) 25 DCMR § 3411 (use of tracking powder pesticide);
15. (o) 25 DCMR § 3412.1 (except as provided, allowing in a food establishment medicines not necessary for the health of the employees);
16. (p) 25 DCMR § 3412.2 or 25 DCMR § 3414 (failure to properly label, store, and locate medicines and first aid supplies for employees' use to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles);
17. (q) 25 DCMR § 3413.1 (failure to meet the requirements for storing refrigerated

medicines belonging to employees or to children in a day care center as specified in § 3413);

(r) 25 DCMR § 3500.1 (failure to store and display for retail sale poisonous or toxic materials so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles as specified in §§ 3500.1(a) through (b)); or

(s) 25 DCMR § 4104.2 (failure to comply with the HACCP Plan and procedures submitted as the basis for a variance, as specified in §§ 4104.2(a) and 4104.2(b)(1) through (4)).

3620.10 Violation of any provision of the District of Columbia Food Code Regulations (25 DCMR Chapters 1 through 99), which is not cited elsewhere in this section, shall be a Class 5 infraction.

SOURCE: Final Rulemaking published at 52 DCR 5026 (May 27, 2005).