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 than listed below. For a complete list please check

Previously county health departments in West Virginia used the terms Critical and Non-Critical.

  • Critical Violations refer to potential health hazards — problems in a restaurant that could cause customers to get sick. For example, food not cooked to the proper temperature or employees handling food with dirty hands.
  • Non-Critical Violations are problems that do not directly affect a customer’s health. It could be as minor as a lack of tissue in the restroom or a light bulb that is burned out.

Priority and Priority foundation are the new terms for a critical violation and Core is the new term for Non-critical.

Violations are marked as Priority, Priority Foundation and Core

  1. 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
  2. Priority foundation – application supports, facilitates or enables one or more of priority items – such as personnel training, necessary equipment, record keeping and labeling
  3. Core – general sanitation, operating procedures and general maintenance

BIG 6 employees diagnosed with following cannot work until released by a physician

  1. Norovirus
  2. Hepatitis A
  3. Shigella
  4. Shiga-toxin producing E. Coli
  5. Salmonella Typhi
  6. Nontyphoidal Salmonella (added in the FDA 2013 Food Code)

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 anyway, 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  (CFPM)– at least one employee that has supervisory and management responsibility and the authority to direct and control food preparation and services shall be a 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. This does not apply to retail food facilities where only commercially prepackaged food is handled and sold and temporary food establishments.

  • Starting with the 2020 Permit Applications; establishments must identify the CFPM (Name, Address, Phone and Copy of Certification)
  • The CFPM can be one (1) person per establishment; one (1) person can be used for multi location; person can be contracted.

Acceptable certification programs for Food Protection Managers offered online (other programs may be provided both nationally and locally):

  1. State Food Safety
  2. Serv Safe
  3. National Registry of Food Safety Professionals

Person-In-Charge (PIC)– one person in charge per shift that can demonstrate food safety knowledge. Please review the FDA 2013Food Code for the complete list of duties for the PIC. Additional duties for the PIC is to ensure employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties (added from FDA 2013 Food Code).

Temperature measuring devices, manual and mechanical dishwashing

  1. In manual dishwashing operations, a temperature measuring device shall be provided and readily accessible for frequently measuring the washing and sanitizing temperatures.
  2. 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)

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 or dining area.)

Time frame for corrections

  1. 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.
  2. Priority Foundation Violations must be corrected immediately or within ten (10) days of the inspection, or other specified time frame as determined by Health Authority.
  3. 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 an employee health policy and exclusions for illness.

If you have any questions or concerns, please contact Environmental Health at the Wheeling-Ohio County Health Department and speak with the Sanitarian that inspects your facility. (304) 234-3682.