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Fairfax County, VA Public Health Rules: Food Handler Certification (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing chapter
Fairfax County Food Code, Ch. 43.2
Requirement
Certified food protection manager in immediate control
Certification paths
Accredited exam or county limited-manager test
Basic handler tier
90-minute Food Safety Training School (not manager cert)
Penalty
Class 3 misdemeanor, § 43.2-4-1
Enforcing agency
Fairfax County Department of Health

Summary

Fairfax County makes it unlawful to operate a food establishment without a certified food protection manager in immediate control. The manager must pass an accredited-program exam or a county-administered test; operating without one is a Class 3 misdemeanor under the county Food Code.

These county ordinances apply to unincorporated areas of Fairfax County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Paragraph 2-102.12(A) shall be amended to read: 2-102.12 Food Protection Manager. (A) It shall be unlawful to operate a food establishment unless it is under the immediate control of a food protection manager who has shown proficiency through: (1) Passing a test that is part of an accredited program; or (2) Passing a test that is administered by the regulatory authority with issuance of a certificate as a limited food manager.

Source: Fairfax County Health DepartmentView official code

Full Breakdown

2-1-4. 12(A) into a local mandate: a food establishment cannot legally operate unless a certified food protection manager is in immediate control. The code gives two paths to certification: passing an exam that is part of a nationally accredited program, or passing a test administered directly by the county's regulatory authority (the Department of Health) for issuance of a "limited food manager" certificate. 20(B) so that any manager certified through a program accredited by a Conference for Food Protection-recognized agency is automatically deemed compliant. The chapter separately defines a lower tier, "Basic Food Safety Handler," for general employees or members of the public who complete the county's Food Safety Training School, a minimum 90-minute course approved by the division director; that training is distinct from, and does not substitute for, the manager certification required to operate.

2-1-4(A). Permit suspension or revocation for noncompliance goes through a director-level hearing, with written notice and a right to present evidence and counsel, and a final decision appealable per the incorporated Food Code sections.

Violations & Fines

Operating a food establishment without a certified food protection manager on-site is a Class 3 misdemeanor under Fairfax County Code § 43.2-4-1, applied in addition to any administrative remedy such as permit suspension or revocation available under the chapter's hearing procedures. Each day of continued operation without a certified manager can support a separate charge; the criminal penalty is expressly stated to stack with civil/administrative action, not replace it.

Frequently Asked Questions

Does every Fairfax County restaurant need a certified manager on-site?
Yes. County Code § 43.2-1-4(B), amending FDA Food Code ¶ 2-102.12(A), makes it unlawful to operate a food establishment unless it is under the immediate control of a certified food protection manager.
How does a manager get certified in Fairfax County?
Either by passing an exam that is part of a nationally accredited food protection manager program, or by passing a test administered directly by the county's Department of Health, which issues a local 'limited food manager' certificate.
Does every employee need a food handler card, or just the manager?
Only one certified manager is legally required per establishment. Other employees can instead complete the county's 90-minute Food Safety Training School as a 'Basic Food Safety Handler,' a separate, lower-tier credential.
What happens if an establishment operates without a certified manager?
It is a Class 3 misdemeanor under § 43.2-4-1, and the Department of Health can separately suspend or revoke the food establishment permit after a director-level hearing with notice and a right to be heard.

Sources & Official References

Other rules in Fairfax County

All Fairfax County rules

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