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DEPARTMENT OF HEALTH
NOTICE OF PROPOSED RULEMAKING
The Director of the Department of Health, pursuant to sections 2(c) and 2(i) of the Food Regulation Amendment Act of 2002 (Act), effective May 2, 2002 (D.C. Law 14-116; D.C. Official Code §§ 48-104((b)(7) and 48-110(a) and (b)) (2009 Repl.); sections 4902 (c) and 4908 of the Department of Health Functions Clarification Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code §§ 7-731(c) and 7-737) (2008 Repl. & 2011 Supp.); Mayor’s Order 2002-103, dated June 18, 2002; and Mayor’s Order 2007-63, dated March 8, 2007, hereby gives notice of his intent to amend chapter 50 (Schedule of Fees for Services) of subtitle A (Food and Food Operations) of title 25 (Food Operations and Community Hygiene Facilities) of the District of Columbia Municipal Regulations. The amendments would establish new services, licensing codes, licensing categories, licensing fees, and new definitions that conform to the District’s new Food Code Regulations.
The Director also gives notice of the intent to take final rulemaking action to adopt the proposed rules in not less than thirty (30) days from the date of publication of this notice in the D.C. Register, Further, pursuant to section 2(i) of the Act, the proposed rules shall be submitted to the Council for a forty-five (45)-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. The proposed rules shall not become effective until affirmatively approved by the Council within this forty-five (45)-day review period.
Chapter 50 of subtitle A of title 25 is repealed and replaced with:
Chapter 50 SCHEDULE OF LICENSING FEES, CODES, CATEGORIES, AND SERVICES
5000 SERVICES AND FEES – CERTIFIED FOOD MANAGERS’ DISTRICT-ISSUED IDENTIFICATION (ID) CARDS; HEALTH INSPECTION CERTIFICATES FOR VEHICLES USED BY MOBILE FOOD VENDORS AND CATERERS
5000.1 The following fees for District-issued Identification Cards are applicable to Certified Food Protection Managers:
Description of Services: Fees:
New Food Manager Identification $ 35.00
Card (Valid for a three (3)-year period)
Renewal of Food Manager Identification $ 35.00
Card (Valid for a three (3)-year period)
Lost Identification Card Replacement $ 15.00
5000.2 The following fees are applicable to Mobile Food Vendors’ Service Vehicles:
Description of Services: Fees:
Mobile Food Unit Health Inspection Certificates
Six (6) month Certificate $ 100.00
One (1) year Certificate $ 200.00
Potentially Hazardous Food Safety Analyses
for Mobile Food Units $ 100.00
Replacement Health Inspection Certificate $ 15.00
5000.3 The following fees are applicable to Health Inspection Certificates for Caterers’ Service Vehicles:
Description of Services: Fees:
Health Inspection Certificate (Valid for six (6) months)
First vehicle $ 100.00 (every
six (6) months)
Each additional vehicle $ 50.00 (every
six (6) months)
Replacement Health Inspection Certificate $ 15.00
5001 SERVICES AND FEES – PLAN REVIEW
5001.1 The following fees are applicable to Retail Food Establishment Plan Reviews:
Description of Services: Fees:
Plan Review – Type A $ 100.00
(Capacity of twenty-five (25) seats or less,
or three thousand square feet 3,000 ft.2
or less of gross floor area)
Plan Review – Type B $ 200.00
(Capacity of twenty-six (26) to seventy-five (75)
seats, or more than three thousand square feet
3,000 ft.2) to ten thousand square feet
10,000 ft.2) of gross floor area)
Plan Review – Type C $ 300.00
(Capacity of seventy-six (76) seats or more, or
more than ten thousand square feet (10,000 ft.2)
of gross floor area)
Plan Review – Equipment Replacement $ 70.00
5002 SERVICES AND FEES – RE-INSPECTION, VARIANCE, AND HACCP REVIEW
5002.1 The following fees are applicable to Compliance Re-inspections after Closures for Violations of subtitle A of 25 DCMR:
Description of Services: Fees:
Compliance Re-inspection
During business hours $ 100.00
(9:00 a.m. – 4:00 p.m.) (per inspection)
After business hours $ 400.00
or on the weekend (per inspection)
5002.2 The following fees are applicable to Requests for Variances from a required provision of subtitle A of 25 DCMR:
Description of Services: Fees:
Processing Variance Request $ 200.00
5002.3 The following fees are applicable to HACCP Plan Reviews as determined by risk levels identified in 25 DCMR § 4400.2:
Description of Services: Fees:
Moderate Risks #2 and #3 Establishments $ 75.00
High Risks (#4 and #5) Establishments $ 125.00
5003 LICENSING CODES AND CATEGORIES – FOOD SERVICES AND DRINKING PLACES
5003.1 The licensing codes and categories for establishments adopted in § 5003.2 are based on those portions of the federal standards contained in the North American Industry Classification System (NAICS) that are used to classify food services and drinking places.
5003.2 NAICS 722 establishments prepare meals, snacks, and beverages to customer order for immediate on-premises and off-premise consumption. They are categorized as follows:
(a) NAICS 722110 – Full-Service Restaurants:
Establishments primarily engaged in providing food services to patrons who order and are served while seated (such as, waiter or waitress service) and pay after eating, including establishments that provide these types of food services to patrons in combination with takeout services, alcoholic beverages, or nontheatrical entertainment.
(b) NAICS 722211 – Limited-Service Restaurants:
Establishments primarily engaged in providing food services (except snack and nonalcoholic beverage bars) where patrons generally order or select items and pay before eating. Food and drink may be consumed on the premises, taken out, or delivered to the customer’s location. Some of these establishments may provide these food services in combination with selling alcoholic beverages.
(c) NAICS 722212 – Cafeterias:
Establishments primarily engaged in preparing and serving meals for immediate consumption using cafeteria-style serving equipment, such as steam tables, a refrigerated area, and self-service nonalcoholic beverage dispensing equipment. Patrons select from food and drink items on display in a continuous cafeteria line.
(d) NAICS 722213 – Snack and Nonalcoholic Beverage Bars:
Establishments primarily engaged in preparing or serving a specialty snack, such as ice cream, frozen yogurt, cookies, or popcorn, or serving nonalcoholic beverages, such as coffee, juices, or sodas for consumption on or near the premises. These establishments may carry and sell a combination of snacks, nonalcoholic beverages, and other related products (for example, coffee beans, mugs, and coffee makers) but generally promote and sell a unique snack or nonalcoholic beverage.
(e) NAICS 722310 – Food Service Contractors
Establishments primarily engaged in providing food services at institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations for a specified period of time. These establishments provide food services for the convenience of the contracting organizations or the contracting organization’s customers. The contractual arrangement of these establishments with contracting organizations may vary from type of facility operated (for example, cafeteria, restaurant, or fast-food eating place) revenue sharing, cost structure, to providing personnel. Management staff is always provided by the food service contractors.
(f) NAICS 722320 – Caterers
Establishments primarily engaged in providing single event-based food services. These establishments generally have equipment and vehicles to transport meals and snacks to events or prepare food at an off-premise site. Banquet halls with catering staff are included in these establishments. Examples of events catered include graduation parties, wedding receptions, business or retirement luncheons, and trade shows.
(g) NAICS 722330 – Mobile Food Services
Establishments primarily engaged in preparing and serving meals and snacks for immediate consumption from motorized vehicles or non-motorized carts (for example, providing food service from vehicles, such as hot dog carts and ice cream trucks).
(h) NAICS 722410 – Drinking Places (Alcoholic Beverages)
Establishments primarily engaged in preparing and serving alcoholic beverages for immediate consumption such as bars, taverns, nightclubs, or similar drinking places. Limited food service may also be provided.
5004 LICENSING CODES AND CATEGORIES – FOOD AND BEVERAGE STORES
5004.1 The licensing codes and categories for establishments adopted in § 5004.2 are based on those portions of the federal standards contained in the NAICS that are used to classify food and beverage stores.
5004.2 NAICS 4451 establishments usually retail food and beverage merchandise from fixed point-of-sale locations. These establishments have special equipment (such as, freezers, refrigerated display cases, and refrigerators) for displaying food and beverage goods. They have staff trained in the processing of food products to guarantee the proper storage and sanitary conditions required by regulatory authorities. They are categorized as follows:
(a) NAICS 445110 – Supermarkets and Other Grocery (except Convenience) Stores
Establishments that are generally known as supermarkets and grocery stores primarily engaged in retailing a general line of food, such as canned and frozen foods; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry. These establishments include delicatessen-type establishments primarily engaged in retailing a general line of food.
(b) NAICS 445120 – Convenience Stores
Establishments that are generally known as convenience stores or food marts primarily engaged in retailing a limited line of goods that generally include milk, bread, soda, and snacks. These establishments can be associated with establishments that retail automotive fuels (such as, diesel fuel, gasoline) in combination with convenience store or food mart items and can either be in a convenience store or a gasoline station setting.
5005 LICENSING CODES AND CATEGORIES – SPECIALTY FOOD STORES
5005.1 The licensing codes and categories for establishments adopted in § 5005.2 are based on those portions of the federal standards contained in the NAICS that are used to classify specialty food stores.
5005.2 NAICS 4452 establishments are primarily engaged in retailing specialized lines of food. They are categorized as follows:
(a) NAICS 445210 – Meat Markets
Establishments primarily engaged in retailing fresh, frozen, or cured meats and poultry, including delicatessen-type establishments primarily engaged in retailing fresh meat.
(b) NAICS 445220 – Fish and Seafood Markets
Establishments primarily engaged in retailing fresh, frozen, or cured fish and seafood products.
(c) NAICS 445230 – Fruit and Vegetable Markets
Establishments primarily engaged in retailing fresh fruits and vegetables.
5006 LICENSING CODES AND CATEGORIES – OTHER SPECIALTY FOOD STORES
5006.1 The licensing codes and categories for establishments adopted in § 5006.2 are based on those portions of the federal standards contained in the NAICS that are used to classify other specialty food stores.
5006.2 NAICS 44529 establishments are primarily engaged in retailing specialized lines of food. They are categorized as follows:
(a) NAICS 445291 – Baked Goods Stores
Establishments primarily engaged in retailing baked goods not for immediate consumption and not made on the premises.
(b) NAICS 445292 – Confectionery and Nut Stores
Establishments primarily engaged in retailing candy and other confections, nuts, and popcorn not for immediate consumption and not made on the premises.
(c) NAICS 445299 – All Other Specialty Food Stores
Establishments primarily engaged in retailing miscellaneous specialty foods (except meat, fish, seafood, fruit and vegetables, confections, nuts, popcorn, and baked goods) not for immediate consumption and not made on the premises.
5007 LICENSING CODES AND CATEGORIES – GENERAL MERCHANDISE STORES WITH FOOD
5007.1 The licensing codes and categories for establishments adopted in §5007.2 are based on those portions of the federal standards contained in the NAICS that are used to classify general merchandise stores with food.
5007.2 NAICS 4529 establishments generally retail new general merchandise, including food, from fixed point-of-sale locations. These establishments are unique in that they have the equipment and staff capable of retailing a large variety of goods from a single location. These establishments include a variety of display equipment and staff trained to provide information on many lines of products. They are categorized as follows:
(a) NAICS 452910 – Warehouse Clubs and Supercenters
Establishments generally known as warehouse clubs, superstores, or supercenters primarily engaged in retailing a general line of groceries, including food, in combination with general lines of new merchandise, such as apparel, furniture, and appliances.
(b) NAICS 452990 – All Other General Merchandise Stores
Establishments primarily engaged in retailing new goods, including food, in general merchandise stores (except department stores, warehouse clubs, superstores, and supercenters). These establishments retail a general line of new merchandise, such as apparel, automotive parts, dry goods, hardware, groceries, house wares or home furnishings, and other lines in limited amounts, with none of the lines predominating.
5008 LICENSING CODES AND CATEGORIES – GROCERY AND RELATED PRODUCT Merchant Wholesalers
5008.1 The licensing codes and categories for establishments adopted in §5008.2 are based on those portions of the federal standards contained in the NAICS that are used to classify grocery and related product merchant wholesalers.
5008.2 NAICS 4244 establishments are primarily engaged in the merchant wholesale distribution of a general line (wide range) of groceries, including food. They are categorized as follows:
(a) NAICS 424410 – General Line Grocery Merchant Wholesalers
Establishments primarily engaged in the merchant wholesale distribution of a general line (wide range) of groceries, including food.
(b) NAICS 424420 – Packaged Frozen Food Merchant Wholesalers
Establishments primarily engaged in the merchant wholesale distribution of packaged frozen foods (except dairy products).
(c) NAICS 424430 – Dairy Product (except Dried or Canned) Merchant Wholesalers
Establishments primarily engaged in the merchant wholesale distribution of dairy products (except dried or canned).
(d) NAICS 424440 – Poultry and Poultry Product Merchant Wholesalers
Establishments primarily engaged in the merchant wholesale distribution of poultry or poultry products (except canned and packaged frozen).
(e) NAICS 424450 – Confectionery Merchant Wholesalers
Establishments primarily engaged in the merchant wholesale distribution of confectioneries; salted or roasted nuts; popcorn, potato, corn, and similar chips; or fountain fruits and syrups.
(f) NAICS 424460 – Fish and Seafood Merchant Wholesalers
Establishments primarily engaged in the merchant wholesale distribution of fish and seafood (except canned or packaged frozen).
(g) NAICS 424470 – Meat and Meat Product Merchant Wholesalers
Establishments primarily engaged in the merchant wholesale distribution of meats and meat products (except canned and packaged frozen) or lard.
(h) NAICS 424480 – Fresh Fruit and Vegetable Merchant Wholesalers
Establishments primarily engaged in the merchant wholesale distribution of fresh fruits and vegetables.
(i) NAICS 424490 – Other Grocery and Related Products Merchant Wholesalers
Establishments primarily engaged in the merchant wholesale distribution of groceries and related products (except a general line of groceries); packaged frozen food; dairy products (except dried and canned); poultry products (except canned); confectioneries; fish and seafood (except canned); meat products (except canned); and fresh fruits and vegetables. Establishments primarily engaged in the bottling and merchant wholesale distribution of spring and mineral waters processed by others are included.
5009 LICENSING CODES AND CATEGORIES – FARM PRODUCT RAW MATERIAL MERCHANT WHOLESALERS
5009.1 The licensing codes and categories for establishments adopted in § 5009.2 are based on those portions of the federal standards contained in the NAICS that are used to classify farm product raw material merchant wholesalers.
5009.2 NAICS 4245 establishments are primarily engaged in the merchant wholesale distribution of agricultural products (except raw milk, live poultry, and fresh fruit and vegetables), such as grains, field beans, livestock, and other farm product raw materials (except seeds). They are categorized as follows:
(a) NAICS 424510 – Grain and Field Bean Merchant Wholesalers
Establishments primarily engaged in the merchant wholesale distribution of grains, such as corn, wheat, oats, barley and unpolished rice; dry beans; and soybeans and other inedible beans. The establishments include those that are primarily engaged in operating country or terminal grain elevators primarily for the purpose of wholesaling.
(b) NAICS 424520 – Livestock Merchant Wholesalers
Establishments primarily engaged in the merchant wholesale distribution of livestock (except horses and mules).
5010 LICENSING CODES AND CATEGORIES – BEER, WINE, AND DISTILLED ALCOHOLIC BEVERAGE MERCHANT WHOLESALERS
5010.1 The licensing codes and categories for establishments adopted in § 5010.2 are based on those portions of the federal standards contained in the NAICS that are used to classify beer, wine, and distilled alcoholic beverage merchant wholesalers.
5010.2 NAICS 4248 establishments are primarily engaged in the merchant wholesale distribution of beer, ale, porter, and other fermented malt beverages, wine, and distilled alcoholic beverages. They are categorized as follows:
(a) NAICS 424810 – Beer and Ale Merchant Wholesalers
Establishments primarily engaged in the merchant wholesale distribution of beer, ale, porter, and other fermented malt beverages.
(b) NAICS 424820 – Wine and Distilled Alcoholic Beverage Merchant
Wholesalers
Establishments primarily engaged in the merchant wholesale distribution of wine, distilled alcoholic beverages, or neutral spirits and ethyl alcohol used in blended wines and distilled liquors.
5011 LICENSING CODES AND CATEGORIES – NON-STORE RETAILERS WITH FOOD
5011.1 The licensing codes and categories for establishments adopted in § 5011.2 are based on those portions of the federal standards contained in the NAICS that are used to classify non-store retailers with food.
5011.2 NAICS 454 establishments are primarily engaged in retailing merchandise, including food, using methods, such as the broadcasting of infomercials, the broadcasting and publishing of direct-response advertising, the publishing of paper and electronic catalogs, door-to-door solicitation, in-home demonstration, selling from portable stalls and distribution through vending machines. Establishments in this group also include mail-order houses, vending machine operators, home delivery sales, door-to-door sales, party plan sales, and electronic shopping. They are categorized as follows:
(a) NAICS 454111 – Electronic Shopping
Establishments primarily engaged in retailing merchandise, including food, using the internet.
(b) NAICS 454113 – Mail-Order Houses
Establishments primarily engaged in retailing merchandise, including food, using mail catalogs or television to generate clients and display merchandise. They include establishments retailing from catalog showrooms of mail-order houses as well as establishments providing a combination of internet and mail-order sales.
(c) NAICS 454210l –Vending Machine Operators
Establishments primarily engaged in retailing merchandise, including food, through vending machines that they service.
(d) NAICS 4543 – Direct Selling Establishments
Establishments primarily engaged in non-store retailing of products that include food (except electronic, mail-order, or vending machine sales). These establishments typically go to the customer’s location rather than the customer coming to them (for example, door-to-door sales, home parties).
5012 LICENSING CODES AND CATEGORIES – BED-AND-BREAKFAST INNS
5012.1 The licensing code and category for establishments adopted in this section are based on those portions of the federal standards contained in the NAICS that are used to classify Bed-and-Breakfast Inns. They are categorized as follows:
(a) NAICS 721191 – Bed-and-Breakfast Inns
Establishments primarily engaged in providing accommodations to travelers, along with food, in a Bed-and-Breakfast Inn setting. These establishments provide short-term lodging in private homes or small buildings converted for this purpose. Bed-and-Breakfast Inns are characterized by highly personalized service and inclusion of a full breakfast in a room rate.
5013 LICENSING CODES AND CATEGORIES – EDUCATIONAL SERVICES WITH FOOD SERVICES
5013.1 The licensing codes and categories for establishments adopted in this section 5013.2 are based on those portions of the federal standards contained in the NAICS that are used to classify educational services with food services.
5013.2 NAICS 611 establishments are primarily engaged in furnishing academic course work. These establishments prepare potentially hazardous foods on the premises, or prepare potentially hazardous foods on the premises from food that is: (1) Received Transported Individually Portioned Servings; (2) Received Hot or Cold Transported Ready to Serve Foods in Bulk Containers; or (3) Reheated Transported Cold Foods Received in Bulk Containers. These establishments are categorized as follows:
(a) NAICS 611110 – Elementary and Secondary
(b) NAICS 611210 – Junior Colleges
(c) NAICS 611310 – Colleges, Universities, and Professional Schools
5014 LICENSING CODES AND CATEGORIES – INSTITUTIONAL SERVICES WITH FOOD SERVICES
5014.1 Establishments in this group are categorized as follows:
(a) NAICS 922140 – Correctional Institutions
This industry comprises government establishments primarily engaged in managing and operating correctional institutions. The facility is generally designed for the confinement, correction, and rehabilitation of adult and/or juvenile offenders sentenced by a court.
(b) NAICS 622110 – General Medical and Surgical Hospitals
This industry comprises establishments known and licensed as general medical and surgical hospitals primarily engaged in providing diagnostic and medical treatment (both surgical and nonsurgical) to inpatients with any of a wide variety of medical conditions. These establishments maintain inpatient beds and provide patients with food services that meet their nutritional requirements. These hospitals have an organized staff of physicians and other medical staff to provide patient care services. These establishments usually provide other services, such as outpatient services, anatomical pathology services, diagnostic X-ray services, clinical laboratory services, operating room services for a variety of procedures, and pharmaceutical services.
(c) NAICS 62331 – Community Care Facilities for the Elderly (Community Residential Facilities)
This industry comprises establishments primarily engaged in providing residential and personal care services for (1) the elderly and other persons who are unable to fully care for themselves and/or (2) the elderly and other persons who do not desire to live independently. The care typically includes room, board, supervision, and assistance in daily living, such as housekeeping services. In some instances these establishments provide skilled nursing care for residents in separate on-site facilities.
(d) NAICS 623110 – Nursing Care Facilities (Nursing Homes)
This industry comprises establishments primarily engaged in providing inpatient nursing and rehabilitative services. The care is generally provided for an extended period of time to individuals requiring nursing care. These establishments have a permanent core staff of registered or licensed practical nurses, along with other staff, provide nursing and continuous personal care services.
(e) NAICS 623311 – Continuing Care Retirement Communities (Assisted Living Facilities)
This U.S. industry comprises establishments primarily engaged in providing a range of residential and personal care services with on-site nursing care facilities for (1) the elderly and other persons who are unable to fully care for themselves and/or (2) the elderly and other persons who do not desire to live independently. Individuals live in a variety of residential settings with meals, housekeeping, social, leisure, and other services available to assist residents in daily living. Assisted-living facilities with on-site nursing care facilities are included in this industry.
5015 LICENSING CODES AND CATEGORIES – SPECIAL EVENTS WITH FOOD SERVICES
5015.1 Licensing codes and categories for establishments adopted in § 5015.2 are based on those portions of the federal standards contained in the NAICS that are used to classify special events with food services.
5015.2 Establishments in this group are categorized as follows:
(a) Presidential and Mayoral Inaugurations – celebrating the election of a presidential or mayoral candidate and providing a variety of food services.
(b) NAICS 561920 – Convention and Trade Show Organizers – Events such as business and trade shows, conventions, conferences, and meetings that provide food.
(c) NAICS 711320 – Performing Arts, Sports, and Similar Events, without Facilities
This industry comprises promoters primarily engaged in organizing, promoting, and/or managing live performing arts productions, sports events, and similar events, such as state fairs, county fairs, agricultural fairs, concerts, and festivals, in facilities that are managed and operated by others. Theatrical (except motion picture) booking agencies are included in this industry.
(d) NAICS 711310 – Performing Arts, Sports, and Similar Events, with Facilities
This industry comprises establishments primarily engaged in (1) organizing, promoting, and/or managing live performing arts productions, sports events, and similar events, such as state fairs, county fairs, agricultural fairs, concerts, and festivals, held in facilities that they manage and operate and/or (2) managing and providing the staff to operate arenas, stadiums, theaters, or other related facilities for rent to other promoters.
5016 LICENSING CODES AND CATEGORIES – RELIGIOUS, CIVIC AND SOCIAL, AND POLITICAL ORGANIZATIONS/ PRIVATE CLUBS WITH FOOD SERVICES
5016.1 The licensing codes and categories for establishments adopted in § 5016.2 are based on those portions of the federal standards contained in the NAICS that are used to classify religious, civic, social, and political organizations and private clubs with food services.
5016.2 Establishments in this group are categorized as follows:
(a) NAICS 813110 – Religious Organizations (With Food Service/Cafeterias)
Establishments with food service/cafeterias primarily engaged in operating religious organizations, such as churches, religious temples, and monasteries, and establishments primarily engaged in administering an organized religion or promoting religious activities.
(b) NAICS 813410 – Civic and Social Organizations (With Food Services, Member-Sponsored Cafeterias, or Occasional Food Services)
Establishments primarily engaged in promoting the civic and social interests of their members. These establishments may operate bars and restaurants for their members.
(c) NAICS 813940 – Political Organizations/Clubs (With Food Services, Member-Sponsored Cafeterias, or Occasional Food Services)
5017 FOOD SERVICE ESTABLISHMENT – LICENSING CODES AND CATEGORIES, BI-ANNUAL LICENSING FEES
5017.1 Food Service Establishments bi-annual licensing fees are based on the risk levels specified in the Food & Food Operations Regulations. See 25 DCMR A § 4400.
5017.2 All fees shall be paid by certified check, money order, business check, or personal check made payable to the “District of Columbia Treasurer.”
5017.3 Food service establishment bi-annual licensing fees for the categories and codes specified in this chapter are as follows:
Licensing Fee & Category Charts
Required Fee Based on Priority Assessment
TYPE A
(Capacity of 25 seats or less, or 3,000 sq. ft. or less of gross floor area)
Licensing Categories
Established Risk Levels
1. NAICS 722
Food Services & Drinking Places
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
2. NAICS 4451
Food & Beverage Stores
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
3. NAICS 4452
Specialty Food Stores
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
4. NAICS 44529
Other Food Specialty Stores
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
5. NAICS 4529
General Merchandise Stores w/Food
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
6. NAICS 4244
Grocery & Related Product Merchant Wholesalers
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
7. NAICS 4245
Farm Product Raw Material Merchant Wholesalers
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
8. NAICS 4248
Beer, Wine, & Distilled Alcoholic Beverage Merchant Wholesalers
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
9. NAICS 454
Non-Store Retailers w/ Food
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
10. NAICS 622110
General Medical & Surgical Hospitals
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
Application/ Licensing Status
Bi-Annual Licensing Fees Based on Established Risk Levels
New / Renewal
$ 700
$ 600
$ 500
Late Renewal
$ 725
$ 625
$ 525
Reinstatement
$ 700
$ 600
$ 500
Renovation / Conversion
$ 700
$ 600
$ 500
Required Fee Based on Priority Assessment
TYPE B
(Capacity of 26 to 75 seats, or more than 3,000 sq. ft. of gross floor area
to 10,000 sq. ft. of gross floor area)
Licensing Categories
Established Risk Levels
1. NAICS 722
Food Services & Drinking Places
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
2. NAICS 4451
Food & Beverage Stores
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
3. NAICS 4452
Specialty Food Stores
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
4. NAICS 44529
Other Food Specialty Stores
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
5. NAICS 4529
General Merchandise Stores w/Food
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
6. NAICS 4244
Grocery & Related Product Merchant Wholesalers
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
7. NAICS 4245
Farm Product Raw Material Merchant Wholesalers
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
8. NAICS 4248
Beer, Wine, & Distilled Alcoholic Beverage Merchant Wholesalers
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
9. NAICS 454
Non-Store Retailers w/ Food
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
10. NAICS 622110
General Medical & Surgical Hospitals
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
Application/ Licensing Status
Bi-Annual Licensing Fees Based on Established Risk Levels
New / Renewal
$ 1,400
$ 1,200
$ 1,000
Later Renewal
$ 1,425
$ 1,225
$ 1,025
Reinstatement
$ 1,400
$ 1,200
$ 1,000
Renovation / Conversion
$ 1,400
$ 1,200
$ 1,000
Required Fee Based on Priority Assessment
TYPE C
(Capacity of 76 or more seats, or more than 10,000 sq. ft. of gross floor area)
Licensing Categories
Established Risk Levels
1. NAICS 722
Food Services & Drinking Places
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
2. NAICS 4451
Food & Beverage Stores
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
3. NAICS 4452
Specialty Food Stores
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
4. NAICS 44529
Other Food Specialty Stores
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
5. NAICS 4529
General Merchandise Stores w/Food
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
6. NAICS 4244
Grocery & Related Product Merchant Wholesalers
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
7. NAICS 4245
Farm Product Raw Material Merchant Wholesalers
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
8. NAICS 4248
Beer, Wine, & Distilled Alcoholic Beverage Merchant Wholesalers
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
9. NAICS 454
Non-Store Retailers w/ Food
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
10. NAICS 622110
General Medical & Surgical Hospitals
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
Application/ Licensing Status
Bi-Annual Licensing Fees Based on Established Risk Levels
New/Renewal
$ 1, 900
$ 1,700
$ 1,500
Late Renewal
$ 1, 925
$ 1,725
$ 1,525
Reinstatement
$ 1, 900
$ 1,700
$ 1,500
Renovation / Conversion
$ 1, 900
$ 1,700
$ 1,500
SPECIAL LICENSING FEES FOR OCCASIONAL FOOD SERVICE ACTIVITIES
Bed and Breakfast Inns w/ Food [1]
Licensing Status
Established Risk Levels
Codes
Categories
NAICS 721191
Bed-and –Breakfast Inns
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
Application/ Licensing Status
Bi-Annual Licensing Fees Based on Established Risk Levels
New / Renewal
$ 700
$ 500
$ 300
Late Renewal
$ 725
$ 525
$ 325
Reinstatement
$ 700
$ 500
$ 300
Renovation / Conversion
$ 700
$ 500
$ 300
Special Events w/ Food Services [2]
Licensing Status
Bi-Annual Licensing Fees
Codes
Categories
Inaugurations (Presidential/ Mayoral)
$ Varies
NAICS 561920
Food, Conventions & Trade Shows
NAICS 711320
Performing Arts, Sports, & Similar
Events, without Facilities
NAICS 711310
Performing Arts, Sports, & Similar
Events, with Facilities
No Application/ Licensing Status
Educational Institutions w/ Food Services [3]
Licensing Status
Established Risk Levels
Codes
Categories
NAICS 611110
NAICS 611210
NAICS 611310
Elementary
Junior Colleges
Colleges, Universities, & Professional
Schools
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
Application/ Licensing Status
Bi-Annual Licensing Fees Based on Established Risk Levels
New/ Renewal
Late Renewal
Reinstatement
$ 500
$ 525
$ 500
$ 300
$ 325
$ 300
$ 100
$ 125
$ 100
Renovation / Conversion
$ 500
$ 300
$ 100
Religious, Civic and Social, Political Organizations
and Private Clubs [4]
Licensing Status
Bi-Annual Licensing Fees
Codes
Categories
NAICS 813110
NAICS 813410
NAICS 813940
Religious Organizations w/
Occasional Food Services
Civic & Social Organizations w/
Occasional Food Services
Political Organizations/ Private
Clubs w/ Occasional Food Services
No Charge
No Application/ Licensing Status
Licensing Status
Established Risk Levels
Codes
Categories
NAICS 813110
NAICS 813410
NAICS 813940
Religious Organizations w/ Food
Service/ Cafeterias
Civic & Social Organizations w/ Member-Sponsored Food Services / Cafeterias
Political Organizations/ Private
Clubs w/ w/ Member-Sponsored Food Services / Cafeterias
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
Application/ Licensing Status
Bi-Annual Licensing Fees Based on Established Risk Levels
New/ Renewal
$ 500
$ 300
$ 100
Later Renewal
$ 525
$ 325
$ 125
Reinstatement
$ 500
$ 300
$ 100
Renovation / Conversion
$ 500
$ 300
$ 100
Institutional Services w/ Food [5]
Licensing Status
Established Risk Levels
Codes
Categories
NAICS 62331
NAICS 623110
NAICS 623311
NAICS 922140
Community Care Facilities
for the Elderly (Community Residential Facilities)
Nursing Care Facilities (Nursing Homes)
Continuing Care Retirement
Communities (Assisted Living Facilities)
Correctional Institutions
High-Risk
(HR)
Moderate-Risk
(MR)
Low-Risk
(LR)
Application/ Licensing Status
Bi-Annual Licensing Fees Based on Established Risk Levels
New/ Renewal
Late Renewal
Reinstatement
$ 500
$ 525
$ 500
$ 300
$ 325
$ 300
$ 100
$ 125
$ 100
Renovation / Conversion
$ 500
$ 300
$ 100
Comments on the proposed rules should be sent in writing to the Department of Health, Office of the General Counsel, 5th Floor, 899 North Capitol Street, NE, Washington, DC 20002, not later than thirty (30) days after the date of publication of this notice in the D.C. Register. Copies of the proposed rules may be obtained Monday through Friday, except holidays, between the hours of 8:15 A.M. and 4:45 P.M. at the same address. Questions concerning the rulemaking should be directed Angli Black, Administrative Assistant, at Angli.Black@dc.gov or (202) 442-5977.
[1] Licenses to operate Bed-and-Breakfast (B&B) Operations shall be issued at no charge to B&B Operations that prepare and offer food to guests if: (1) the home is owner-occupied, (2) the number of available guest bedrooms does not exceed three (3), (3) breakfast is the only meal offered, (4) the number of guests served does not exceed 9, and (5) the consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Mayor in accordance with the Food Regulation Amendment Act of 2002, effective May 2, 2002 (D.C. Law 14-116; D.C. Official Code § 48-102 (5)(B)(vi)) (2009 Rep. & 2011 Supp.).
[2] Licenses shall be issued to food vendors participating in Special Events that are held in the District throughout the year and coordinated by Department of Consumer and Regulatory Affairs. Department of Health shall charge food vendors for providing food inspection services that are necessary to protect public health and safety at these events based on (1) the number of food inspectors assigned to work at each Special Event; and (2) the number of hours, at established hourly rates, for food inspectors to work at each Special Event. See D.C. Official Code § 47-2826 (2005 Repl.).
[3]Restaurants or cafeterias operated by District of Columbia Public Schools shall be issued licenses at no charge. See D.C. Official Code § 47-2827(e)(3) (2005 Repl. & 2011 Supp.). Restaurants or cafeterias operated in District of Columbia Public Schools or other educational institutions in which food service is operated privately or subcontracted out shall be charged licensing fees shown on the chart.
[4] No license shall be issued to these organizations serving occasional meals at not more than twenty-four (24) events during a twelve (12) month period, or food prepared in ordinary kitchens of private homes for sale or service at member-sponsored bake sales. However, clearly visible placards shall be placed at the sales or service location to inform consumers that the food is prepared in a kitchen that is not subject to regulation and inspection by the Department of Health in accordance with the Food Regulation Amendment Act of 2002, effective May 2, 2002 (D.C. Law 14-116; D.C. Official Code § 48-102(B)(iv)).
[5] Licenses to operate restaurants or cafeterias in these establishments shall be charged licensing fees shown on the chart. Correctional institutions operated by the District of Columbia Government shall be issued licenses at no charge. Correctional institutions operated by the District of Columbia Government in which food service is operated privately or subcontracted out shall be charged licensing fees shown on the chart.
