The District of Columbia Department of Health has revised its food safety regulations by adopting the 1999 federal Food Code, with amendments that are specific to the District of Columbia. The adoption of the federal Food Code is the core of the regulations.  The following questions and answers are intended to help businesses comply with the new regulations.

• What is the federal Food Code?
• What do businesses have to do to comply with the District's new Food Code?
• Do businesses need a copy of the new District Food Code, and if so, where can they get a copy?
• Since the District's new Food Code is based on the 1999 federal Food Code, do businesses also need a copy of the 1999 federal Food Code?
• What does the new District Food Code cover?
• If you have questions regarding the new District Food Code, who should you contact?

What is the federal Food Code?

The US Food and Drug Administration (FDA) publishes the federal Food Code, a document of food sanitation regulations for retail outlets, and institutions (i.e., restaurants, grocery stores, institutions, nursing homes, etc.).

The FDA federal Food Code refines food safety regulations, while striving to achieve national uniformity. The federal Food Code reflects the most current science and offers the best strategies to ensure a safe food supply in the United States.

What do businesses have to do to comply with the District's new Food Code?

The new Food Code went into effect on June 6, 2003. 

• Food establishments that apply for a new food license after September 6, 2003 must fully comply with the new Food Code. 
• Existing businesses (those which obtained food licenses before September 6, 2003) will have a grace period to comply with some requirements in the new Food Code. During this grace period, the Department plans to work closely with existing businesses to familiarize them with the Food Code; however, imminent health hazards, such as fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition or other circumstance that may endanger the public health, such as rodent infestation, will still result in closures. 

The following chart identifies some of the new requirements and when existing businesses must comply: 

 

Requirement	When Existing  Businesses Must Comply
Food establishments must retain a certified food protection manager or a certified limited food protection manager based on whether the Department of Health designates the establishment, because of its menu, to be high, moderate or low risk for food borne illness. For example: A food establishment which sells only pre-packaged non-potentially hazardous foods is considered to be a low risk establishment and need only retain a limited food protection manager.	Conversion to new food protection manager certification categories to be completed by December 31, 2003
Food employees must follow specific hygienic practices, including limiting bare-hand contact with ready-to-eat food, unless otherwise approved by the Department of Health.	June 6, 2003
Food establishments must provide a reminder to consumers of the increased risk of foodborne illness when ready-to-eat, animal derived foods are offered raw or undercooked.	June 6, 2004
Food establishments must obtain food licenses when they open as new food establishments, for renewals, and for changes in ownership and also when there are changes in the type of food operations and when there are major renovations of the establishment.	June 6, 2003
In addition to the HACCP (Hazard Analysis Critical Control Point) Plan currently required to vend certain types of food, HACCP plans are required for certain variances and processes.	June 6, 2003
Food establishments must follow a specific process to apply for and obtain a variance from the Food Code.	June 6, 2003
Food establishments must obtain, identify and display upon request their contracts for trash hauling, rodent control and grease collection services.	June 6, 2003
The frequency of the inspection of food establishments is to be tied to whether the business is designated as high, medium or low risk.	June 6, 2004
Refrigeration equipment must meet 41˚ F (5˚ C)	December 30, 2009
Residential kitchens are allowed in bed and breakfast operations where the available guest bedrooms fall between 4 and 10 and the number of guests served do not exceed 18. They must, however obtain a food license.	June 6, 2003
Bed and Breakfasts with three (3) or less guest bedrooms that only serve breakfast and where the number of guests do not exceed 9 are exempted from the Food Code and do not have to obtain a food license but are required to inform their guests that they are not regulated or inspected by the Department of Health.	June 6, 2003
Bed and Breakfasts, which have more than ten (10) bedrooms and serve more than eighteen (18) guests, cannot use a residential kitchen.	June 6, 2003
Food establishments must install an approved backflow or backsiphonage prevention device to the plumbing system.	June 6, 2004
The Department of Health will begin to issue Certificates of Achievements during an annual rating period.	June 6, 2004

Do businesses need a copy of the new District Food Code, and if so, where can they get a copy?

You can obtain a copy of the official new District Food Code (Title 25 of the District of Columbia Municipal Regulations) after June 6, 2003 from the: 

The District of Columbia Office of Documents and Administrative Issuances 
441 4th Street, NW Suite 520 South
Washington, DC 20001
Phone: (202) 727-5090

Send exact amount in a check or money order made payable to the DC Treasurer and specify the title and subject. (Title 25, Food and Food Operations)