If you are building a new food establishment or planning to renovate an existing one, you must
obtain a Virginia Department of Health Permit to Operate a Food Establishment from the Environmental Health Office in the locality where the operation will be based. The process to obtain a permit starts with a commercial plan review before construction begins.
Food facilities catering from a shared commissary kitchen
If a food facility plans to cater from a shared, commissary kitchen, both the commissary kitchen and the caterer will need to apply for separate permits. See Incubator Kitchen Guidelines when sharing a kitchen space with another permitted operator. It is recommended that the commissary kitchen operator contact the Food EHS in the locality where the commissary will be based to schedule a pre-application consultation.
All caterers wishing to operate in a permitted commissary kitchen will need to obtain their own food establishment permit by submitting an Application for Foodservice Establishment Permit. For specific requirements see Catering Guidelines for specific requirements.
STEP 1: Before Construction Begins
Whenever a food establishment is constructed or remodeled or whenever an existing structure is converted to use as a food establishment, plans and specifications for such construction, remodeling or conversion must be submitted prior to the start of such construction, remodeling or conversion. The owner will have the final responsibility for the accuracy and completeness of the plans and specifications, as well as for subsequent construction and installation. For guidance on sizing and specifications see the FDA Food Establishment Plan Review Guide.
Note: Construction of the food establishment cannot begin until the Health Department has completed its commercial plan review process. All applications are to be submitted to the local Environmental Health office where your business will be based will based in Louisa, Nelson, Fluvanna or Greene Counties. (Include map of BRHD with localities)
Follow these steps to start the process:
- Initiate a building permit application with local Building Official where the business will be based.
- Make application for a business license in the locality or city where your business will be located.
- Complete a Plan Review Application and an Application for Foodservice Establishment Permit and submit to the Environmental Health Office in the locality where the facility will be located. Application fee: $80.
- Per the Virginia Food Regulations, owner of record must apply at least 30 days prior to opening to the public or start of renovation.
Plan Review Documents to Submit Along with your Application:
- Plans, a.k.a. “drawings,” shall be provided to the Health Department by any person intending to construct, remodel, obtain a new Virginia Department of Health Permit to Operate a Foodservice Establishment.
- Applicant must submit plans to the Health Department for review and approval plus a plan review fee of $40.00 for each vehicle or trailer.
- Plans must be drawn to scale (e.g., 1/4″ = 1 ft.) on 8 1/2 x 11 inches or larger white paper with dark ink only, blue prints or any other standard floor plans. The plans must show top schematic view of foodservice equipment layout, listing of all proposed equipment types and model numbers.
- Specification sheets for all foodservice equipment.
- Overall site plan including location of business in building, location of site on street(s), any outside equipment such as dumpsters, waste oil containers, septic systems, wells, etc. (if applicable)
- Proposed menu including seasonal, off-site catered items as well as any sample menus to be offered to guests.
- Projected number of meals per day to be prepared in the facility.
STEP 2: Plan Review Approval Letter Sent
Once the department has reviewed all the documentation submitted, a letter will be sent to the applicant outlining any changes that will need to be made to the initial application and will note that the application has been approved for construction.
STEP 3: Send a written reply to the EHS who sent you the above letter
State how you will comply with any changes noted or submit the requested specifications or other documentation. If changes are made, you may need to submit corrected drawings or reference the ones you have already submitted.
STEP 4: Once construction is completed and the equipment is in place, contact the Environmental Health Specialist who sent you the Plan Review Approval Letter to schedule a pre-opening inspection. Please call at least 3 days before the day you would like the inspection to take place. The following requirements must be met for approval of the pre-occupancy inspection:
- Document showing Occupancy Permit has been issued by the Local Building Official must be available.
- The person in charge at the time of the inspection must show a current Food Safety Manager Certification for at least one employee with supervisory and management responsibilities and the authority to direct and control food preparation and service.
- Refrigerators must be set to ensure the food is maintained at 41°F or lower and in freezers at 0°F or lower with working thermometers in each unit.
- Facility must be clean with no construction material in kitchen and related areas.
- No food can be served to the public prior to the pre-opening inspection and approval by the Health Department permit has been issued.
- A final menu must be provided. Please note that all the steps listed above are required before an EHS can conduct the pre-opening Inspection. Learn what to expect during a food inspection.
- What to expect during a food inspection
STEP 5: Open for Business
Upon completing a successful pre-opening inspection, the Health Department will issue a permit to operate. Within 5 to 7 days, an official Food Establishment Permit will be mailed to the address on record or you may pick up the permit at the local EH office if requested.
Food establishments must post the Food Establishment Permit in a location in the establishment where customers can easily see it.
Regulations
Click here for Virginia Food Regulations