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STATE BOARD OF HEALTH
REGISTRAR'S NOTICE: The State Board of Health is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Board of Health will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 12VAC5-421. Food Regulations (amending 12VAC5-421-10, 12VAC5-421-1380, 12VAC5-421-2830, 12VAC5-421-3310, 12VAC5-421-3560, 12VAC5-421-4035).
Statutory Authority: §§ 35.1-11 and 35.1-14 of the Code of Virginia.
Effective Date: October 3, 2018.
Agency Contact: Julie Henderson, Director of Food and General Environmental Services, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7455, FAX (804) 864-7475, TTY (800) 828-1120, or email julie.henderson@vdh.virginia.gov.
Pursuant to Chapter 450 of the 2018 Acts of Assembly, the amendments update the regulatory definition of a "bed and breakfast operation" and expand the times during which a bed and breakfast operation may offer food service to its guests without a food establishment permit by removing the requirement that breakfast be the only meal offered.
Definitions, Purpose and Administration
12VAC5-421-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.
"Accredited program" means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards that certify individuals. "Accredited program" refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, recertification, discipline and grievance procedures; and test development and administration. "Accredited program" does not refer to training functions or educational programs.
"Additive" means either a (i) "food additive" having the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(s) and 21 CFR 170.3(e)(1) or (ii) "color additive" having the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(t) and 21 CFR 70.3(f).
"Adulterated" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 402.
"Agent" means a legally authorized representative of the owner.
"Agent of the commissioner" means the district or local health director, unless otherwise stipulated.
"Approved" means acceptable to the department based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
"Approved water system" means a permitted waterworks constructed, maintained, and operated pursuant to 12VAC5-590; or a private well constructed, maintained, and operated pursuant to 12VAC5-630.
"Asymptomatic" means without obvious symptoms; not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice. Asymptomatic includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested.
"aw" means water activity that is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol aw.
"Balut" means an embryo inside a fertile egg that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching.
"Bed and breakfast operation" means a tourist home that serves meals residential-type establishment that provides (i) two or more rental accommodations for transient guests and food service to a maximum of 18 transient guests on any single day for five or more days in any calendar year or (ii) at least one rental accommodation for transient guests and food service to a maximum of 18 transient guests on any single day for 30 or more days in any calendar year.
"Beverage" means a liquid for drinking, including water.
"Board" means the State Board of Health.
"Bottled drinking water" means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.
"Building official" means a representative of the Department of Housing and Community Development.
"Casing" means a tubular container for sausage products made of either natural or artificial (synthetic) material.
"Catering operation" means a person who contracts with a client to prepare a specific menu and amount of food in an approved and permitted food establishment for service to the client's guests or customers at a service location different from the permitted food establishment. Catering may also include cooking or performing final preparation of food at the service location.
"Catering operation" does not include:
1. A private chef or cook who, as the employee of a consumer, prepares food solely in the consumer's home.
2. Delivery service of food by an approved and permitted food establishment to an end consumer.
"Certification number" means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the National Shellfish Sanitation Program.
"CFR" means Code of Federal Regulations. Citations in this chapter to the CFR refer sequentially to the title, part, and section number, such as 40 CFR 180.194 refers to Title 40, Part 180, Section 194.
"CIP" means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine. CIP does not include the cleaning of equipment such as band saws, slicers or mixers that are subjected to in-place manual cleaning without the use of a CIP system.
"Commingle" means:
1. To combine shellstock harvested on different days or from different growing areas as identified on the tag or label; or
2. To combine shucked shellfish from containers with different container codes or different shucking dates.
"Comminuted" means reduced in size by methods including chopping, flaking, grinding, or mincing. "Comminuted" includes (i) fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage and (ii) a mixture of two or more types of meat that have been reduced in size and combined, such as sausages made from two or more meats.
"Commissary" means a catering establishment, food establishment, or any other place in which food, food containers, or supplies are kept, handled, prepared, packaged, or stored for distribution to satellite operations.
"Commissioner" means the State Health Commissioner, his duly designated officer, or his agent.
"Conditional employee" means a potential food employee to whom a job offer is made with employment dependent upon responses to subsequent medical questions or examinations designed to identify potential food employees who may be suffering from a disease that can be transmitted through food and done in compliance with Title 1 of the Americans with Disabilities Act of 1990.
"Confirmed disease outbreak" means a foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative organism or chemical and epidemiological analysis implicates the food as the source of the illness.
"Consumer" means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale.
"Core item" means a provision in this chapter that is not designated as a priority item or a priority foundation item. Core item includes an item that usually relates to general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance.
"Corrosion-resistant materials" means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.
"Counter-mounted equipment" means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.
"Critical control point" means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.
"Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.
"Cut leafy greens" means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. The term "leafy greens" includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e., immature lettuce or leafy greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula, and chard. The term "leafy greens" does not include herbs such as cilantro or parsley.
"Dealer" means a person who is authorized by a shellfish control authority for the activities of a shellstock shipper, shucker-packer, repacker, reshipper, or depuration processor of molluscan shellfish according to the provisions of the National Shellfish Sanitation Program and is listed in the U.S. Food and Drug Administration's Interstate Certified Shellfish Shippers List, updated monthly (U.S. Food and Drug Administration).
"Delicatessen" means a store where ready to eat products such as cooked meats, prepared salads, etc. are sold for off-premises consumption.
"Department" means the Virginia Department of Health.
"Director" means the district or local health director.
"Disclosure" means a written statement that clearly identifies the animal derived foods that are, or can be ordered, raw, undercooked, or without otherwise being processed to eliminate pathogens in their entirety, or items that contain an ingredient that is raw, undercooked, or without otherwise being processed to eliminate pathogens.
"Dry storage area" means a room or area designated for the storage of packaged or containerized bulk food that is not time/temperature control for safety food and dry goods such as single-service items.
"Easily cleanable" means a characteristic of a surface that:
1. Allows effective removal of soil by normal cleaning methods;
2. Is dependent on the material, design, construction, and installation of the surface; and
3. Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use.
"Easily cleanable" includes a tiered application of the criteria that qualify the surface as easily cleanable as specified above to different situations in which varying degrees of cleanability are required such as:
1. The appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining; or
2. The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.
"Easily movable" means:
1. Portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and
2. Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.
"Egg" means the shell egg of avian species such as chicken, duck, goose, guinea, quail, ratite, or turkey. Egg does not include a balut; egg of the reptile species such as alligator; or an egg product.
"Egg product" means all, or a portion of, the contents found inside eggs separated from the shell and pasteurized in a food processing plant, with or without added ingredients, intended for human consumption, such as dried, frozen, or liquid eggs. Egg product does not include food that contains eggs only in a relatively small proportion such as cake mixes.
"Employee" means the permit holder, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food establishment.
"EPA" means the U.S. Environmental Protection Agency.
"Equipment" means an article that is used in the operation of a food establishment. "Equipment" includes, but is not limited to, items such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine. Equipment does not include apparatuses used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.
"Exclude" means to prevent a person from working as an employee in a food establishment or entering a food establishment as an employee.
"°F" means degrees Fahrenheit.
"FDA" means the U.S. Food and Drug Administration.
"Fish" means fresh or saltwater finfish, crustaceans, and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals and all mollusks, if such animal life is intended for human consumption and includes any edible human food product derived in whole or in part from fish, including fish that has been processed in any manner.
"Food" means (i) a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption or (ii) chewing gum.
"Foodborne disease outbreak" means the occurrence of two or more cases of a similar illness resulting from the ingestion of a common food.
"Food-contact surface" means a surface of equipment or a utensil with which food normally comes into contact, or a surface of equipment or a utensil from which food may drain, drip, or splash into a food, or onto a surface normally in contact with food.
"Food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.
"Food establishment" means an operation that (i) stores, prepares, packages, serves, or vends food directly to the consumer or otherwise provides food to the public for human consumption, such as a restaurant, satellite or catered feeding location, catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people, market, vending location, conveyance used to transport people, institution, or food bank, and (ii) relinquishes possession of food to a consumer directly or indirectly through a delivery service, such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
"Food establishment" includes (i) an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location; (ii) an operation that is conducted in a mobile, stationary, temporary, or permanent facility or location where consumption is on or off the premises and regardless of whether there is a charge for the food; and (iii) a facility that does not meet the exemption criteria identified in subdivision 6 of this definition or a facility that meets the exemption requirements but chooses to be regulated under this chapter.
For the purpose of implementing this chapter, the following places are also included in the definition of a "food establishment" as defined in subdivision 9 of § 35.1-1 of the Code of Virginia:
1. Any place where food is prepared for service to the public on or off the premises, or any place where food is served. Examples of such places include but are not limited to, including lunchrooms, short order places, cafeterias, coffee shops, cafes, taverns, delicatessens, dining accommodations of public or private clubs, kitchen facilities of hospitals and nursing homes, dining accommodations of public and private schools and colleges, and kitchen areas of local correctional facilities subject to standards adopted under § 53.1-68 of the Code of Virginia.
2. Any place or operation that prepares or stores food for distribution to persons of the same business operation or of a related business operation for service to the public. Examples of such places or operations include but are not limited to, including operations preparing or storing food for catering services, push cart operations, hotdog stands, and other mobile points of service. Such mobile points of service are also deemed to be restaurants unless the point of service and of consumption is in a private residence.
3. Mobile points of service to which food is distributed by a place or operation described in subdivision 2 of this definition, unless the point of service and of consumption is in a private residence.
"Food establishment" does not include:
1. An establishment that offers only prepackaged food that is not time/temperature control for safety food;
2. A produce stand that only offers whole, uncut fresh fruits and vegetables;
3. A food processing plant, including those that are located on the premises of a food establishment;
4. A kitchen in a private home if only food that is not time/temperature control for safety food is prepared for sale or service at a function such as a religious or charitable organization's bake sale if allowed by law and if the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority;
5. An area where food that is prepared as specified in subdivision 4 of this definition is sold or offered for human consumption;
6. A kitchen in a private home, such as, but not limited to, a family day-care provider or a home for adults, serving 12 or fewer recipients; or a bed-and-breakfast operation that prepares and offers food only to guests if the premises of the home is owner or owner-agent occupied, breakfast is the only meal offered, the number of guests served does not exceed 18, and 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, by this chapter, exempt from this chapter;
7. A private home that receives catered or home-delivered food; or
8. Places manufacturing packaged or canned foods that are distributed to grocery stores or other similar food retailers for sale to the public.
For the purpose of implementing this chapter, the following are also exempt from the definition of a "food establishment" in this chapter, as defined in §§ 35.1-25 and 35.1-26 of the Code of Virginia:
1. Boarding houses that do not accommodate transients;
2. Cafeterias operated by industrial plants for employees only;
3. Churches, fraternal, school and social organizations and volunteer fire departments and rescue squads that hold dinners and bazaars not more than one time per week and not in excess of two days duration at which food prepared in homes of members or in the kitchen of the church or organization and is offered for sale to the public;
4. Grocery stores, including the delicatessen that is a part of a grocery store, selling exclusively for off-premises consumption and places manufacturing or selling packaged or canned goods;
5. Churches that serve meals for their members as a regular part of their religious observance; and
6. Convenience stores or gas stations that are subject to the State Board of Agriculture and Consumer Services' Retail Food Establishment Regulations (2VAC5-585) or any regulations subsequently adopted and that (i) have 15 or fewer seats at which food is served to the public on the premises of the convenience store or gas station and (ii) are not associated with a national or regional restaurant chain. Notwithstanding this exemption, such convenience stores or gas stations shall remain responsible for collecting any applicable local meals tax; and
7. Any bed and breakfast operation that prepares food for and offers food to guests, regardless of the time the food is prepared and offered, if (i) the premises of the bed and breakfast operation is a home that is owner occupied or owner-agent occupied, (ii) the bed and breakfast operation prepares food for and offers food to transient guests of the bed and breakfast only, (iii) the number of guests served by the bed and breakfast operation does not exceed 18 on any single day, and (iv) guests for whom food is prepared and to whom food is offered are 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 licensed as a restaurant and is not subject to the regulations governing restaurants.
"Food processing plant" means a commercial operation that manufactures, packages, labels, or stores food for human consumption and provides food for sale or distribution to other business entities such as food processing plants or food establishments. Food processing plant does not include a food establishment.
"Game animal" means an animal, the products of which are food, that is not classified as (i) livestock, sheep, swine, goat, horse, mule, or other equine in 9 CFR 301.2; (ii) poultry; or (iii) fish.
"Game animal" includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat and nonaquatic reptiles such as land snakes.
"Game animal" does not include ratites such as ostrich, emu, and rhea.
"General use pesticide" means a pesticide that is not classified by EPA for restricted use as specified in 40 CFR 152.175.
"Grade A standards" means the requirements of the Grade "A" Pasteurized Milk Ordinance, 2013 Revision, (U.S. Food and Drug Administration), with which certain fluid and dry milk and milk products comply.
"HACCP Plan" means a written document that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles developed by The National Advisory Committee on Microbiological Criteria for Foods.
"Handwashing sink" means a lavatory, a basin or vessel for washing, a wash basin, or a plumbing fixture especially placed for use in personal hygiene and designed for the washing of hands. Handwashing sink includes an automatic handwashing facility.
"Hazard" means a biological, chemical, or physical property that may cause an unacceptable consumer health risk.
"Health practitioner" means a physician licensed to practice medicine, or if allowed by law, a nurse practitioner, physician assistant, or similar medical professional.
"Hermetically sealed container" means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.
"Highly susceptible population" means persons who are more likely than other people in the general population to experience foodborne disease because they are:
1. Immunocompromised, preschool age children, or older adults; and
2. Obtaining food at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center.
"Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on the number of potential injuries, and the nature, severity, and duration of the anticipated injury.
"Injected" means manipulating meat to which a solution has been introduced into its interior by processes such as "injecting," "pump marinating," or "stitch pumping."
"Juice" means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purées of the edible portions of one or more fruits or vegetables, or any concentrate of such liquid or purée. Juice does not include, for purposes of HACCP, liquids, purées, or concentrates that are not used as beverages or ingredients of beverages.
"Kitchenware" means food preparation and storage utensils.
"Law" means applicable local, state, and federal statutes, regulations, and ordinances.
"Linens" means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.
"Major food allergen" means milk, egg, fish (such as bass, flounder, cod, and including crustacean shellfish such as crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or a food ingredient that contains protein derived from one of these foods. Major food allergen does not include any highly refined oil derived from a major food allergen in this definition and any ingredient derived from such highly refined oil or any ingredient that is exempt under the petition or notification process specified in the Food Allergen Labeling and Consumer Protection Act of 2004 (P.L. 108-282).
"Meat" means the flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish, poultry, and wild game animals as specified under 12VAC5-421-330 A 2 and A 3.
"Mechanically tenderized" means manipulating meat with deep penetration by processes which may be referred to as "blade tenderizing," "jaccarding," "pinning," "needling," or using blades, pins, needles, or any mechanical device. "Mechanically tenderized" does not include processes by which solutions are injected into meat.
"mg/L" means milligrams per liter, which is the metric equivalent of parts per million (ppm).
"Mobile food unit" means a food establishment mounted on wheels (excluding boats in the water) readily moveable from place to place at all times during operation and shall include, but not be limited to, pushcarts, trailers, trucks, or vans. The unit, all operations, and all equipment must be integral to and be within or attached to the unit.
"Molluscan shellfish" means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.
"Noncontinuous cooking" means the cooking of food in a food establishment using a process in which the initial heating of the food is intentionally halted so that it may be cooled and held for complete cooking at a later time prior to sale or service. "Noncontinuous cooking" does not include cooking procedures that only involve temporarily interrupting or slowing an otherwise continuous cooking process.
"Occasional" means not more than one time per week, and not in excess of two days duration.
"Packaged" means bottled, canned, cartoned, bagged, or wrapped, whether packaged in a food establishment or a food processing plant. Packaged does not include wrapped or placed in a carry-out container to protect the food during service or delivery to the consumer, by a food employee, upon consumer request.
"Permit" means a license issued by the regulatory authority that authorizes a person to operate a food establishment.
"Permit holder" means the entity that is legally responsible for the operation of the food establishment such as the owner, the owner's agent, or other person, and possesses a valid permit to operate a food establishment.
"Person" means an association, a corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.
"Person in charge" means the individual present at a food establishment who is responsible for the operation at the time of inspection.
"Personal care items" means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person's health, hygiene, or appearance. Personal care items include items such as medicines; first aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash.
"pH" means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7.0 indicate acidity and values between 7.0 and 14 indicate alkalinity. The value for pure distilled water is 7.0, which is considered neutral.
"Physical facilities" means the structure and interior surfaces of a food establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.
"Plumbing fixture" means a receptacle or device that is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system or discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.
"Plumbing system" means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water-treating equipment.
"Poisonous or toxic materials" means substances that are not intended for ingestion and are included in four categories:
1. Cleaners and sanitizers, that include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;
2. Pesticides, except sanitizers, that include substances such as insecticides and rodenticides;
3. Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants, paints, and personal care items that may be deleterious to health; and
4. Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.
"Potable water" means water fit for human consumption that is obtained from an approved water supply and that is (i) sanitary and normally free of minerals, organic substances, and toxic agents in excess of reasonable amounts and (ii) adequate in quantity and quality for the minimum health requirements of the persons served (see Article 2 (§ 32.1-167 et seq.) of Chapter 6 of Title 32.1 of the Code of Virginia). Potable water is traditionally known as drinking water and excludes such nonpotable forms as "boiler water, "mop water," "rainwater," "wastewater," and "nondrinking water."
"Poultry" means any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites, or squabs), whether live or dead, as defined in 9 CFR 381.1, and any migratory waterfowl, game bird, pheasant, partridge, quail, grouse, or pigeon whether live or dead, as defined in 9 CFR 362.1.
"Premises" means the physical facility, its contents, and the contiguous land or property under the control of the permit holder; or the physical facility, its contents, and the land or property which are under the control of the permit holder and may impact food establishment personnel, facilities, or operations, if a food establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.
"Primal cut" means a basic major cut into which carcasses and sides of meat are separated, such as a beef round, pork loin, lamb flank or veal breast.
"Priority foundation item" means a provision in this chapter whose application supports, facilitates, or enables one or more priority items. "Priority foundation item" includes an item that requires the purposeful incorporation of specific actions, equipment, or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling and is denoted in this regulation with a superscript PfPf.
"Priority item" means a provision in this chapter whose application contributes directly to the elimination, prevention or reduction to an acceptable level of hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard. "Priority item" includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, and handwashing and is denoted in this chapter with a superscript Pp.
"Private well" means any water well constructed for a person on land that is owned or leased by that person and is usually intended for household, groundwater source heat pump, agricultural use, industrial use, or other nonpublic water well.
"Pure water" means potable water fit for human consumption that is (i) sanitary and normally free of minerals, organic substances, and toxic agents in excess of reasonable amounts and (ii) adequate in quantity and quality for the minimum health requirements of the persons served (see §§ 32.1-167 and 32.1-176.1 of the Code of Virginia and 12VAC5-590 and 12VAC5-630-370). Potable water is traditionally known as drinking water, and excludes such nonpotable forms as "boiler water," "mop water," "rainwater," "wastewater," and "nondrinking water."
"Pushcart" means any wheeled vehicle or device other than a motor vehicle or trailer that may be moved with or without the assistance of a motor and that does not require registration by the department of motor vehicles.
"Ratite" means a flightless bird such as an emu, ostrich, or rhea.
"Ready-to-eat food" means food that:
1. Is in a form that is edible without additional preparation to achieve food safety, as specified under 12VAC5-421-700 A, B, and C, 12VAC5-421-710 or 12VAC5-421-730;
2. Is a raw or partially cooked animal food and the consumer is advised as specified under 12VAC5-421- 700 D 1 and 3; or
3. Is prepared in accordance with a variance that is granted as specified under 12VAC5-421-700 D 4.
Ready-to-eat food may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes.
"Ready-to-eat food" includes:
1. Raw animal food that is cooked as specified under 12VAC5-421-700, or 12VAC5-421-710 or frozen as specified under 12VAC5-421-730;
2. Raw fruits and vegetables that are washed as specified under 12VAC5-421-510;
3. Fruits and vegetables that are cooked for hot holding as specified under 12VAC5-421-720;
4. All time/temperature control for safety food that is cooked to the temperature and time required for the specific food under 12VAC5-421-700 and cooled as specified in 12VAC5-421-800;
5. Plant food for which further washing, cooking, or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present, are removed;
6. Substances derived from plants such as spices, seasonings, and sugar;
7. A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not required for food safety;
8. The following products that are produced in accordance with USDA guidelines and that have received a lethality treatment for pathogens: dry, fermented sausages, such as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto ham, country cured ham, and Parma ham; and dried meat and poultry products, such as jerky or beef sticks; and
9. Food manufactured according to 21 CFR Part 113.
"Reduced oxygen packaging" means the reduction of the amount of oxygen in a package by removing oxygen; displacing oxygen and replacing it with another gas or combination of gases; or otherwise controlling the oxygen content to a level below that normally found in the atmosphere (approximately 21% at sea level); and a process as specified in this definition that involves a food for which the hazards Clostridium botulinum or Listeria monocytogenes require control in the final packaged form. Reduced oxygen packaging includes:
1. Vacuum packaging, in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package;
2. Modified atmosphere packaging, in which the atmosphere of a package of food is modified so that its composition is different from air, but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes reduction in the proportion of oxygen, total replacement of oxygen, or an increase in the proportion of other gases such as carbon dioxide or nitrogen;
3. Controlled atmosphere packaging, in which the atmosphere of a package of food is modified so that until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained, such as by using oxygen scavengers or a combination of total replacement oxygen, nonrespiring food, and impermeable packaging material;
4. Cook chill packaging, in which cooked food is hot filled into impermeable bags that have the air expelled and are then sealed or crimped closed. The bagged food is rapidly chilled and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens; or
5. Sous vide packaging, in which raw or partially cooked food is vacuum packaged in an impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens.
"Refuse" means solid waste not carried by water through the sewage system.
"Regulatory authority" means the Virginia Department of Agriculture and Consumer Services, the Virginia Department of Health or their authorized representative having jurisdiction over the food establishment.
"Reminder" means a written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens.
"Reservice" means the transfer of food that is unused and returned by a consumer after being served or sold and in the possession of the consumer, to another person.
"Restrict" means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils, linens, and unwrapped single-service or single-use articles.
"Restricted egg" means any check, dirty egg, incubator reject, inedible, leaker, or loss as defined in 9 CFR Part 590.
"Restricted use pesticide" means a pesticide product that contains the active ingredients specified in 40 CFR 152.175 and that is limited to use by or under the direct supervision of a certified applicator.
"Risk" means the likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.
"Safe material" means an article manufactured from or composed of materials that shall not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food; an additive that is used as specified in § 409 of the Federal Food, Drug, and Cosmetic Act (21 USC § 348); or other materials that are not additives and that are used in conformity with applicable regulations of the Food and Drug Administration.
"Sanitization" means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, yield a reduction of five logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.
"Sealed" means free of cracks or other openings that permit the entry or passage of moisture.
"Service animal" means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.
"Servicing area" means an operating base location to which a mobile food establishment or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.
"Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution. Sewage includes water-carried and non-water-carried human excrement or kitchen, laundry, shower, bath, or lavatory waste separately or together with such underground surface, storm, or other water and liquid industrial wastes as may be present from residences, buildings, vehicles, industrial establishments, or other places.
"Shellfish control authority" means a state, federal, foreign, tribal or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce such as the Virginia Department of Health Division of Shellfish Sanitation.
"Shellstock" means raw, in-shell molluscan shellfish.
"Shiga toxin-producing Escherichia coli" or "STEC" means any E. coli capable of producing Shiga toxins (also called verocytotoxins). STEC infections can be asymptomatic or may result in a spectrum of illness ranging from mild nonbloody diarrhea, to hemorrhagic colitis (i.e., bloody diarrhea) to hemolytic uremic syndrome (HUS), which is a type of kidney failure). Examples of serotypes of STEC include E. coli 0157:H7, E. coli 0157:NM, E. coli 026:H11; E. coli 0145NM, E. coli 0103:H2, and E. coli 0111:NM. STEC are sometimes referred to as VTEC (verocytotoxigenic E. coli) or as EHEC (Enterohemorrhagic E. coli). EHEC are a subset of STEC that can cause hemorrhagic colitis or HUS.
"Shucked shellfish" means molluscan shellfish that have one or both shells removed.
"Single-service articles" means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use after which they are intended for discard.
"Single-use articles" means utensils and bulk food containers designed and constructed to be used once and discarded. Single-use articles includes items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet the materials, durability, strength and cleanability specifications contained in 12VAC5-421-960, 12VAC5-421-1080, and 12VAC5-421-1100 for multiuse utensils.
"Slacking" means the process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of -10°F (-23°C) to 25°F (-4°C) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food such as shrimp.
"Smooth" means a food-contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of (100 grit) number three stainless steel; a non-food-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and a floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean.
"Substantial compliance" means equipment or structure design or construction; food preparation, handling, storage, transportation; or cleaning procedures that will not substantially affect health consideration or performance of the facility or the employees.
"Tableware" means eating, drinking, and serving utensils for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, tumblers; and plates.
"Temperature measuring device" means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.
"Temporary food establishment" means a food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.
"Time/temperature control for safety food" or "TCS food" means a food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation:
1. TCS food includes an animal food that is raw or heat treated; a plant food that is heat treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes, or mixtures of cut tomatoes that are not modified in a way so that 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 microorganism growth or toxin formation; and except as specified in subdivision 2 d of this definition, a food that because of the interaction of its Aw and pH values is designated as product assessment required (PA) in Table A or B of this definition:
Table A. Interaction of pH and Aw for control of spores in food heat treated to destroy vegetative cells and subsequently packaged.
Aw values
4.6 or less
>4.6 - 5.6
=0.92
non-TCS food*
non-TCS food
>0.92 - 0.95
PA**
*TCS food means time/temperature control for safety food
**PA means product assessment required
Table B. Interaction of pH and Aw for control of vegetative cells and spores in food not heat treated or heat treated but not packaged.
< 4.2
> 4.6 - 5.0
> 5.0
2. TCS food does not include:
a. An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable salmonellae;
b. A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution;
c. A food that because of its pH or Aw value, or interaction of Aw and pH values, is designated as a non-TCS food in Table A or B of this definition;
d. A food that is designated as PA in Table A or B of this definition and has undergone a product assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that food is precluded due to:
(1) Intrinsic factors including added or natural characteristics of the food such as preservatives, antimicrobials, humectants, acidulants, or nutrients;
(2) Extrinsic factors including environmental or operational factors that affect the food such as packaging, modified atmosphere such as reduced oxygen packaging, shelf-life and use, or temperature range of storage and use; or
(3) A combination of intrinsic and extrinsic factors; or
e. A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the subdivisions 2 a through 2 d of this definition even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.
"USDA" means the U.S. Department of Agriculture.
"Utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single service, or single use; gloves used in contact with food; temperature sensing probes of food temperature measuring devices and probe-type price or identification tags used in contact with food.
"Variance" means a written document issued by the regulatory authority that authorizes a modification or waiver of one or more requirements of this chapter if, in the opinion of the regulatory authority, a health hazard or nuisance will not result from the modification or waiver.
"Vending machine" means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.
"Vending machine location" means the room, enclosure, space, or area where one or more vending machines are installed and operated and includes the storage areas and areas on the premises that are used to service and maintain the vending machines.
"Warewashing" means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.
"Waterworks" means a system that serves piped water for human consumption to at least 15 service connections or 25 or more individuals for at least 60 days out of the year. "Waterworks" includes all structures, equipment and appurtenances used in the storage, collection, purification, treatment, and distribution of potable water except the piping and fixtures inside the building where such water is delivered (see Article 2 (§ 32.1-167 et seq.) of Chapter 6 of Title 32.1 of the Code of Virginia).
"Whole-muscle, intact beef" means whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut.
12VAC5-421-1380. Warewashing machines, flow pressure device.
A. Warewashing machines that provide a fresh hot water sanitizing rinse shall be equipped with a pressure gauge or similar device such as a transducer that measures and displays the water pressure in the supply line immediately before entering the warewashing machine.
B. If the flow pressure measuring device is upstream of the fresh hot water sanitizing rinse control valve, the device shall be mounted in a one-fourth inch or 6.4 millimeter Iron Pipe Size (IPS) valve.
C. Subsections A and B of this section do not apply to a machine that uses only a pumped or recirculated sanitizing rinse.
D. Subsections A and B of this section shall not apply to home model dishwashers used in bed and breakfast facilities operations serving 18 or fewer customers guests.
12VAC5-421-2830. Floor and wall junctures, coved, and enclosed or sealed.
A. In food establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than 1/32 inch (1 mm). However, this subsection shall not apply to floor wall junctures in bed and breakfast facilities operations serving 18 or fewer customers guests.
B. The floors in food establishments in which water flush cleaning methods are used shall be provided with drains and be graded to drain, and the floor and wall junctures shall be coved and sealed.
12VAC5-421-3310. Prohibiting animals.
A. Except as specified in subsections B and C of this section, live animals shall not be allowed on the premises of a food establishment.Pf
B. Live animals may be allowed in the following situations if the contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles cannot result:
1. Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems;
2. Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;
3. In areas that are not used for food preparation and that are usually open for customers, such as dining and sales areas, service animals that are controlled by the disabled employee or person if a health or safety hazard will not result from the presence or activities of the service animal;
4. Pets in the common dining areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, residential care facilities, and food establishment bed and breakfast facilities operations at times other than during meals if:
a. Effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas;
b. Condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present; and
c. Dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service;
5. In areas that are not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly restricted, such as in a variety store that sells pets or a tourist park that displays animals; and
6. Dogs in outdoor dining areas if:
a. The outdoor dining area is not fully enclosed with floor to ceiling walls and is not considered a part of the interior physical facility.
b. The outdoor dining area is equipped with an entrance that is separate from the main entrance to the food establishment and the separate entrance serves as the sole means of entry for patrons accompanied by dogs.
c. A sign stating that dogs are allowed in the outdoor dining area is posted at each entrance to the outdoor dining area in such a manner as to be clearly observable by the public.
d. A sign within the outdoor dining area stating the requirements as specified in subdivisions 6 e, 6 f, and 6 g of this subsection is provided in such a manner as to be clearly observable by the public.
e. Food and water provided to dogs is served using equipment that is not used for service of food to persons or is served in single-use articles.
f. Dogs are not allowed on chairs, seats, benches, or tables.
g. Dogs are kept on a leash or within a pet carrier and under the control of an adult at all times.
h. Establishment provides effective means for cleaning up dog vomitus and fecal matter.
C. Live or dead fish bait may be stored if contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles cannot result.
D. In bed and breakfast facilities operations serving 18 or fewer customers guests, live animals shall be allowed in the facility but shall not be fed using the same equipment or utensils that are used to feed humans.
12VAC5-421-3560. Exemptions to regulations.
A. The following are exempt from this chapter as defined in §§ 35.1-25 and 35.1-26 of the Code of Virginia.
3. Churches, fraternal, school and social organizations and volunteer fire departments and rescue squads which hold dinners and bazaars of not more than one time per week and not in excess of two days duration at which food prepared in homes of members or in the kitchen of the church or organization and is offered for sale to the public;
4. Grocery stores, including the delicatessen which that is a part of a grocery store, selling exclusively for off-premises consumption and places manufacturing or selling packaged or canned goods;
5. Churches which that serve meals for their members as a regular part of their religious observance; and
7. Any bed and breakfast operation that prepares food for and offers food to guests, regardless of the time the food is prepared and offered, if (i) the premises of the bed and breakfast operation is a home that is owner occupied or owner-agent occupied, (ii) the bed and breakfast operation prepares food for and offers food to transient guests of the bed and breakfast only, (iii) the number of guests served by the bed and breakfast operation does not exceed 18 on any single day, and (iv) guests for whom food is prepared and to whom food is offered are 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 licensed as a restaurant and is not subject to regulations governing restaurants.
B. The governing body of any county, city or town may provide by ordinance that this chapter shall not apply to food booths at fairs and youth athletic activities, if such booths are promoted or sponsored by any political subdivision of the Commonwealth or by any charitable nonprofit organization or group thereof. The ordinance shall provide that the director of the county, city, or town in which the fair and youth athletic activities are held, or a qualified person designated by the director, shall exercise such supervision of the sale of food as the ordinance may prescribe.
12VAC5-421-4035. Exempt facilities that choose to be regulated.
Exempt facilities, as defined in subdivision 6 of 12VAC5-421-10 of the definition of a "food establishment," and subdivision A 7 of 12VAC5-421-3560, that choose to be regulated by this chapter, shall be exempt from the following requirements:
1. In lieu of 12VAC5-421-1200 A, home model dishwashers may be used in lieu of manual cleaning and drying of utensils;
2. 12VAC5-421-1340, the requirement for internal baffles in warewashing machines does not apply to home model dishwashers;
3. 12VAC5-421-1350, the requirement for temperature measuring devices does not apply to home model dishwashers;
4. 12VAC5-421-1360, manual warewashing equipment, heaters and baskets are not required but manual warewashing shall include, as a minimum, thorough washing with adequate soap or detergent, thorough rinsing, and drying before storage or use. Drying may be by clean towels used for no other purpose;
5. 12VAC5-421-1370, the requirement for a sanitizer level indicator does not apply to home model dishwashers;
6. 12VAC5-421-1380, the requirement for flow pressures device does not apply to home model dishwashers;
7. 12VAC5-421-1460, the requirement for sink compartments does not apply to exempt facilities. It shall include thorough washing with adequate soap or detergent, thorough rinsing, and drying before storage or use. Drying may be by clean towels used for no other purpose;
8. 12VAC5-421-1520, temperature measuring devices for manual warewashing are not required;
9. 12VAC5-421-1530, sanitizing solutions testing devices are not required;
10. 12VAC5-421-1620, warewashing sinks in exempt facilities may be used for handwashing, however, approved dispensers, soap, and single-use paper towels are provided;
11. 12VAC5-421-1640, clean solutions in warewashing equipment is not required for exempt facilities. It shall include, as a minimum, thorough washing with adequate soap or detergent, thorough rinsing, and drying before storage or use. Drying may be by clean towels used for no other purpose;
12. 12VAC5-421-1660, minimum wash solution temperature for mechanical warewashing equipment shall not be required for home model dishwashers;
13. 12VAC5-421-1670, minimum hot water sanitization temperatures for manual warewashing equipment shall not be required;
14. 12VAC5-421-1680, minimum hot water sanitization temperatures for mechanical warewashing equipment shall not be required for home model dishwashers;
15. 12VAC5-421-1690, sanitization pressure for mechanical warewashing equipment shall not be required;
16. 12VAC5-421-1700, minimum and maximum pressure, pH, sanitizer concentration, and hardness levels shall not be required for home model dishwashers;
17. 12VAC5-421-1710, chemical sanitization for manual warewashing using detergent sanitizers shall not be required;
18. 12VAC5-421-1720, determination of chemical sanitizer concentration shall not be required;
19. 12VAC5-421-1880 12VAC5-421-1885, food-contact surfaces and utensils shall not be required to be sanitized;
20. 12VAC5-421-1890, before use after cleaning, utensils and food-contact surfaces shall not be required to be sanitized;
21. 12VAC5-421-1900, hot water and chemical sanitizing shall not be required;
22. 12VAC5-421-2790, floors, walls, and ceilings shall be in good repair and kept clean;
23, 12VAC5-421-2810, floors, walls, and ceilings in exempt facilities shall not be required to meet the cleanability requirements but shall be in good repair and kept clean;
24. 12VAC5-421-2820, the prohibition of exposed utility service lines and pipes shall not apply;
25. 12VAC5-421-2840, floor carpeting in exempt facilities may be installed in food preparation areas, walk-in refrigerators, warewashing areas, toilet rooms, refuse storage rooms or other areas, however they shall be kept in good repair and kept clean;
26. 12VAC5-421-2850, floor covering, mats and duckboards may be used in exempt facilities, however, they shall be kept clean and in good repair.
27. 12VAC5-421-2870, attachments to walls and ceilings in exempt facilities shall be kept in good repair and kept clean;
28. 12VAC5-421-3120 12VAC5-421-3130, approved dispensers, soap and single-use paper towels shall be made available to accommodate hand washing;
29. 12VAC5-421-3310, live animals may be allowed in the facility but shall not be fed using the same equipment or utensils that are used to feed humans.
VA.R. Doc. No. R19-5439; Filed August 3, 2018, 4:23 p.m.


text:
Q: StreamBuilder: Don't rebuild at each page change in PageView I'm working with StreamBuilder to retrieve real time data from Firestore, showing a number in the actions section of the AppBar

Every time I change page of PageView with BottomNavigationBar the white Button is rebuilt, causing a bad flashing effect, with numbers disappearing and appearing and also with a reduction and increasing of the size.
How could I avoid this behaviour? I'd like the Button not to be rebuilt at each page change.
CODE:
actions: [
  Padding(
      padding: const EdgeInsets.all(14),
      child: ElevatedButton(
        style: ButtonStyle(

            backgroundColor:
            MaterialStateProperty.all<Color>(Colors.white),
            shape:
            MaterialStateProperty.all<RoundedRectangleBorder>(
                RoundedRectangleBorder(
                    borderRadius: BorderRadius.circular(8),
                    side:
                    const BorderSide(color: Colors.grey)))),
        onPressed: () {
    },
        child: Padding(
          padding: const EdgeInsets.fromLTRB(5, 5, 5, 5),
          child: Row(
            children: [
              Padding(
                padding: const EdgeInsets.only(right: 10),
                child: ConstrainedBox(
                  constraints: const BoxConstraints(
                      maxWidth: 17, maxHeight: 17),
                  child: svg,
                ),
              ),
              StreamBuilder<DocumentSnapshot<Map<String, dynamic>>>(
                stream: FirebaseFirestore.instance
                      .collection('Users')
                      .doc(documentId)
                      .snapshots(),
                  builder: (BuildContext context,
                      AsyncSnapshot<DocumentSnapshot<Map<String, dynamic>>>
                      snapshot) {
                    if (snapshot.hasError) {
                      return const Text('error');
                    }

                    if (snapshot.connectionState == ConnectionState.waiting) {
                      return const Text('');
                    }

                    Map<String, dynamic> data =
                    snapshot.data!.data() as Map<String, dynamic>;

                  return Text(
                      formatter.format(data['balance']),
                    style:  TextStyle(
                      fontWeight: FontWeight.bold,
                      color: Colors.black87,
                      fontSize: data['balance'] > 10000000 ? 12 : 14,
                    ),
                  );
                }
              ),
            ],
          ),
        ),
      ),
    ),
],

A: You're passing the stream to the StreamBuilder like this:
StreamBuilder<DocumentSnapshot<Map<String, dynamic>>>(
  stream: FirebaseFirestore.instance
        .collection('Users')
        .doc(documentId)
        .snapshots(),

This means that every time the UI is updated, you're creating a new connection to Firestore to load the user's document.
To prevent this from happening:

*

*Put the snapshots stream into a the stat of a stateful object

*Use it from there in your StreamBuilder's stream property

With the stream being part of the widget's state, it will only be created when a new state is needed - so when the screen is first rendered, not each time it updates.
This video from Randal Schwartz also shows this problem and how to fix it, so I recommend watching Fixing a common FutureBuilder and StreamBuilder problem.

redpajama_set_name: RedPajamaStackExchange


Restaurant and bakery with locations throughout the Philippines. Online menu with photos. Once upon a time, there was a little girl named Goldilocks. She went for a walk in the forest. Pretty soon, she came upon a house. She knocked and, when no. Goldilocks and the Three Bears is a 19th-century fairy tale of which three versions exist. The original version of tale tells of a badly-behaved old woman who.
Goldilocks Portal. Celebrate the joy of Filipino Food with Goldilocks. Philippines. USA. Canada. Thailand. Goldilocks goes into a house in the forest. What will she find there? Watch and find out!. Goldilocks and the Three Bears storybook for kids. Once upon a time there were three bears who lived in a house in the forest. Therewas a great big father. Goldilocks definition, (used with a singular verb) a person with golden hair. See more. Goldilocks. The protagonist of a traditional fairy tale. She is a golden-haired young girl who inquisitively enters a house belonging to three bears and tries their.
Goldilocks, Mandaluyong, Philippines. M likes. Get updates from the Philippines' best-loved Bakeshop, Goldilocks!. The latest Tweets from Goldilocks PH (@GoldilocksPH). Goldilocks is the Philippines' No. 1 Bakeshop. Let us know what you're thinking. Have a Goldi- Good. v. to goldilocks: to try out multiple options or variations, often without paying for any or all of them, until one finds one that is "just right". Serving one of the best Filipino Food & Bakery goods in America, find Goldilocks Bakeshop USA to be your favorite place to remember the good times back.


text:
ahaana-krishna
Ahaana Krishna's Profile
Industry : Malayalam
Education : Master in Advertising and Marketing
Relationship : Single
Zodiac sign : Libra
Hair pattern : Volume Layer
Profession : Actor, Model, Dancer, Singer
Father's name : Krishna Kumar
Mother's name : Sindhu Krishna
Siblings : Ishaani Krishna, Hansika Krishna, Diya Kumar
Home town : Thiruvananthapuram, Kerala
Current locaion : Thiruvananthapuram, Kerala
Languages known : Malayalam, Hindi, English
Ahaana was born as the eldest of the four daughters of actor KrishnaKumar and wife Sindhu. She studied at Holy Angels' ISC School, Trivandrum then she moved to Chennai for completing her higher studies in Visual Communication from MOP Vaishnav college for Women. She did her Master's in Advertising and Marketing from MICA, Ahmedabad.
While she was still in school, she was offered the female lead roles in Annayum Rasoolum (2013) and a Dulquer Salmaan film, which she turned down. Ahaana made her acting debut in 2014 with Rajeev Ravi's second directorial film Njan Steve Lopez. She then appeared in Njandukalude Nattil Oridavela in 2017 with Nivin Pauly.
In 2019 Ahaana starred in the romantic drama Luca along with Tovino Thomas. The film was a critical and commercial success, with praise directed to the performances of the leading actors which established her as a strong performer. The same year, she also appeared in Shanker Ramakrishnan's Pathinettam Padi.

redpajama_set_name: RedPajamaCommonCrawl


text:
NGC 1032 ist eine linsenförmige Galaxie vom Hubble-Typ S0/a im Sternbild Walfisch südlich des Himmelsäquators. Sie ist schätzungsweise 121 Mio. Lichtjahre von der Milchstraße entfernt und hat einen Durchmesser von etwa 120.000 Lj.

Im Januar 2005 leuchtete in NGC 1032 die schwache Supernova SN 2005E auf. Die Beobachtungen zeigten, dass weder die Menge der herausgeschleuderten Sternmaterie noch ihre chemische Zusammensetzung zu einem der bis dahin bekannten Explosionsmechanismen für Sterne passen. Aktuelle Untersuchungen lassen vermuten, dass es sich dabei um einen Prozess handelt, der bei zwei sich eng umkreisenden Weißen Zwergen auftritt.

Das Objekt wurde am 18. Dezember 1783 vom deutsch-britischen Astronomen Friedrich Wilhelm Herschel entdeckt.

Weblinks
 SIMBAD Astronomical Database
 A spiral disguised

Einzelnachweise

Linsenförmige Galaxie

redpajama_set_name: RedPajamaWikipedia


text:
Gary Allen Haught (born September 29, 1970) is an American former professional baseball pitcher.

Haught attended Choctaw High School in Choctaw, Oklahoma and the University of Louisiana at Lafayette, where he pitched for the Louisiana-Lafayette Ragin' Cajuns baseball team.

Haught was drafted by the Oakland Athletics in the 22nd round (620th overall) of the 1992 Major League Baseball Draft.  He appeared in six games for the Athletics in 1997, pitching a total of  innings.

External links

1970 births
Living people
Alexandria Aces players
American expatriate baseball players in Canada
Atlantic City Surf players
Baseball players from Tacoma, Washington
Edmonton Trappers players
Greenville Bluesmen players
Huntsville Stars players
Louisiana Ragin' Cajuns baseball players
Madison Muskies players
Modesto A's players
Oakland Athletics players
Southern Oregon A's players
American expatriate baseball players in Taiwan
Mercuries Tigers players


text:
Ontario sees 2,655 new COVID-19 cases
A Canadian TV reporter was harassed during the filming of the episode
Crosby gives business tax breaks to Newfoundland and Labrador | Canada | News
Dozens of seniors taken from the burning of a PEI long-term care home
Vancouver mother wants answers after monument to murdered daughter removed
NHL says Canadian teams agree with provinces on terms of season playing in home rings
Arzu December 25, 2020 2 min read
The NHL says it hopes Canadian teams will have an agreement with provincial governments on the conditions for playing the 2021 season from their home markets.
"Based on the discussions we have had over the past week and the exchanges we have made over the past 24 hours, we hope to be united and agree on the terms under which each of our Canadian owners can start playing in their own buildings," Deputy Commissioner Bill Daley said Thursday at the start of the 2020-21 NHL season.
CBC News confirmed the report, first announced by athlete Pierre LeBron.
Seven Canadian teams are grouped together and play each other only for the duration of the 56-game schedule, which is set to begin on January 13th.
The Toronto Maple Leafs are scheduled to host the Montreal Canadians, while the Edmonton Oilers are set to face Vancouver Connaught, who arrives as part of a five-game schedule early in the night.
The Winnipeg Jets are set to open on January 14 against the arrival of the Coal Flames, while the Oilers and Knox meet again in Edmonton.
The Ottawa Senators begin their season against coming to Toronto on January 15, the first of two games in several days between rivals in the nation's capital, Ontario.
The baseball style series under the revised schedule is common because the league is trying to reduce travel. For example, Canadians and senators each play three straight games in Vancouver in January.
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January 20, 2021 Arzu


oblique pattern model, with secured, infinitely adjustable pesetting controllable at any time with the help of the flow limiting device. Valve body made of nodular cast iron (EN-GJS-500 DIN EN 1563), bonnet (DN 200 – DN 300 made of nodular cast iron) and disc made of bronze, stem made of brass resistant to dezincification (DZR), disc with PTFE seal, maintenance-free stem seal due to double EPDM O-ring. Presetting lead sealable. All functioning components in one plane, pressure test point and fill and drain ball valve interchangeable.
With mounted accessories set no. 2 = 2 pressure test points 1/4" needle technic.


Miniature brass skeleton clock with glass dome, in the James Condliff style with a special escapement. Circa 1830-40.
The clockwork with fusee and chain is mounted in a gilded frame. Exceptional is the escapement with a helical spring. The helical spring is a mechanical device which is typically used to store energy and subsequently release it. Also special is the calibration option of the balance wheel. The movements of the helical spring are visible at the foot of the clock. It has maintaining power and a lever escapement, invented by Thomas Mudge around 1755, Thomas Mudge (1715-1794) was a famous clockmaker and was appointed clockmaker to the King George III in 1776. This skeleton lock has an 8-day movement and is signed by the retailer Buynan & Gardner in Manchester.


Find objects that are shared with people outside of your organization in the following locations.
Click External Sharing Report from the Quick Actions panel.
Select the object types you want to include in the report (see below for details).
The report will run, and you will have access to a report with the results (successes, warnings, or errors).
Select the object types that you would want to include int the report.
Show Sites: In the results, all the sites that are shared to external users will be shown.
Show Lists: In the results, all the lists that are shared to external users will be shown.
Show Content: In the results, all the list items and documents that are shared to external users or shared via anonymous guest links will be shown.


The Goodyear Wrangler All-Terrain Adventure is a versatile tyre that springs into action the moment you go off-road. This tough and durable tyre offers a confident all-round performance and grips all kinds of terrain without trouble. Manufactured with a Kevlar reinforced layer and DuraWall technology means that this tyre has the ability to resist punctures and cuts in the sidewall area. Its optimised tread design results in pressure being evenly distributed, meaning that mileage is improved.


After having shared with us how he records drums, vocals, guitars and organ, now George Massenburg tells us how he deals with wind instruments.
Let's face it, unless you are actually in South Africa attending the World Cup and blowing your very own Vuvuzela, you can't stand the cacophony that's blaring out of your flat screen TV in the form of a thousand swarming mosquitoes. Luckily, a few plugins have been quickly developed to filter out that so so annoying buzzzzzzzz.


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Is Greece considered a country?
Is Greece its own country?
What country is Greece?
How many states does Greece have?
Is Greece considered a Third World country?
What continent is Greece?
Is Greece still a kingdom?
Is Greece by Italy?
Greece (Greek: Ελλάδα, romanized: Elláda, [eˈlaða]), officially the Hellenic Republic, is a country located in Southeast Europe. Its population is approximately 10.7 million as of 2018; Athens is its largest and capital city, followed by Thessaloniki.
Administrative regions of Greece
Administrative regions of Greece Διοικητικές περιφέρειες της Ελλάδας (Greek)
Category Unitary state
Location Hellenic Republic
Number 13 Regions 1 Autonomous Region
Populations 197,810 (North Aegean) – 3,812,330 (Attica)
Greece has already left the European Union in a manner of speaking: it is now part of the Third World. … The experience of other Third World countries, which have gone through their own debt crises, offers some lessons in that regard.
The Kingdom of Greece was dissolved in 1924 and the Second Hellenic Republic was established following Greece's defeat by Turkey in the Asia Minor Campaign. A military coup d'état restored the monarchy in 1935 and Greece became a Kingdom again until 1973.
Kingdom of Greece.
Kingdom of Greece Βασίλειον τῆς Ἑλλάδος
Today part of Greece
Distance from Greece to Italy is 844 kilometers.
This air travel distance is equal to 524 miles. The air travel (bird fly) shortest distance between Greece and Italy is 844 km= 524 miles.
IT IS INTERESTING: What 2 letters are not in the Greek alphabet?


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You are here: Home / Destinations / See What Has Happened to Bikini Island 7 Decades After Nuclear Tests
See What Has Happened to Bikini Island 7 Decades After Nuclear Tests
August 24, 2016 by Justin Andress View All On 1 Page
3. Gathering Supplies
The American government was eager to get to work. It wasn't long before 242 ships and 156 aircraft were drafted to start hauling supplies to the island chain. Among their cargo were some 25,000 radiation recording devices as well as more than 5,400 experimental rats, goats and pigs that were doomed to live very nasty lives in the wake of the tests.
http://naturalhistory.si.edu/
10 Must-See Sites on the French Riviera
Top 13 Places Where Americans Vacation Outside the States


If you require something to keep your mobile phone free from bumps, scratches and dirt, and also want your phone to stand out from the rest and look stylish then this is the product for you. This Case will not only protect your device but also adds style and has an executive feel to it. Keeps your Blackberry compact and sleek while it protects it from scratches, falls and dust. Made with high quality Synthetic Leather.


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Q: Empty menu entries (instead of greyed out) in some programs I encountered the problem described in the title on Ubuntu 18.10 using the Unity desktop. I've tried restoring defaults on Unity Tweak Tool in case my theme was causing the problem, but it didn't fix anything. For some reason, clicking on one of the empty entries in Sublime text fixes the menu, but only temporarily, because after closing it and reopening it the problem reappears. I haven't found a solution for Deluge. I uploaded a video of my screen to make it easier to understand what's happening.
EDIT: This happens in Kubuntu too when using the Active Window Control widget to get a Unity-like global menu. Like in Unity, switching to another window and coming back to Sublime fixes the issue, however the right-click menu in Deluge stays broken. I believe in this case the issue could be caused by either the appmenu-gtk2-module or appmenu-gtk3-module package, because in order to enable global menu in gtk applications I had to install those packages and add appmenu-gtk-module to the GTK_MODULES environment variable. Anyway, I uploaded another video to show what I see exactly.

A: Solved by removing packages unity-gtk2-module and unity-gtk3-module. Now menus are shown inside the program's window instead of the global menu, and they show all entries both in Sublime and Deluge. Global menus are still present in all other applications I usually use, like Chromium, nautilus, etc.
However, it would be nice to have the menu show up in the global menu instead of inside the windows.


The Adam's tree or Palo Adan (Fouquieria diguetii) is a many branched shrub with spiny branches arising from a short trunk. It somewhat resembles it cousin the Ocotillo, but is shorter and wider. It is also related to the Boojum tree. Photo taken in our beach campsite near Todos Santos, December 2002. Photo copyright 2002 Mimi Andersen.


This soundscape composition follows the bells in Salzburg over the course of a day, from 7 am to midnight, including the Palm Sunday celebrations where the congregation processes around the cathedral square. On special occasions such as this, the largest cathedral bell, Salvator Mundi, is rung. For many listeners the experience of this work will seem like a memory of such a day.
Original recordings from the World Soundscape Project Tape Collection, recorded in Salzburg in March 1975. Sound processing realized with Soundhack convolution with spatialization created by Harmonic Functions' TiMax2 matrix mixer.
The Bells of Salzburg was premiered at the 2018 Crossroads Festival in Salzburg that marked the 60th anniversary of their electronic music studio.
Salzburg Cathedral (right) as seen from Hohensalzburg above the city, with other churches in the vicinity as heard in the work.
A detailed documentation of the entire work, its sources, processing and multi-track mixing scheme is available from the composer (truax@sfu.ca), as well as the 8-track soundfiles for performance.


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HCM City seeks Malaysia's experience in hosting sport events
Vice Chairwoman of the Ho Chi Minh City People's Committee Nguyen Thi Thu has urged the Olympic Council of Malaysia (OCM) to share its experience in managing and organising sport events at regional, continental and international levels.
Vietnam, Malaysia seek to boost livestock product import-export
InfographicVietnam, Malaysia strategic partnership sees strong development
Vietnam, Malaysia enjoy flourishing bilateral ties: Diplomat
Friday, March 30, 2018 19:36
Vietnam – Malaysia diplomatic ties celebrated in Hanoi
Vice Chairwoman of the Ho Chi Minh City People's Committee Nguyen Thi Thu (right) and Assistant Secretary General of the Olympic Council of Malaysia Sieh Kok Chi. (Source: VNA)
HCM City (VNA) – Vice Chairwoman of the Ho Chi Minh City People's Committee Nguyen Thi Thu has urged the Olympic Council of Malaysia (OCM) to share its experience in managing and organising sport events at regional, continental and international levels.
At a reception for Sieh Kok Chi, Assistant Secretary General of the OCM in HCM City on May 23, Thu said Malaysia has the most developing sport movements in Southeast Asia.
The country successfully hosted Southeast Asian Games (SEA Games) for six times, the Commonwealth Games and other regional, continental and international tournaments, she said.
Meanwhile, HCM City is expected to host the 31st SEA Games in 2021 once approved by Prime Minister Nguyen Xuan Phuc, Thu said.
In reply, Kok Chi said to prepare for the 31st SEA Games, HCM City should build new stadiums and facilities for water and new sports.
HCM City has infrastructure and human resources suitable for hosting SEA Games, he said, suggesting the southern metropolis train athletes, coaches, referees and volunteers who also should be equipped with foreign language skills.
The OCM will assist the city in preparations and share its experiences in managing and organizing SEA Games, he affirmed.
Kok Chi said if HCM City is allowed to organise the 31st SEA Games, the city will gain experiences and material facilities for bigger sport events, while developing sport human resources for the locality itself and Vietnam at large.-VNA
Ho Chi Minh City Malaysia Olympic Council of Malaysia Sieh Kok Chi SEA Games 31st SEA Games Vietnam VietnamPlus Viet Nam News Related stories Malaysia
Prime Minister Pham Minh Chinh expressed his delight at visiting Singapore in his capacity as the Vietnamese Government leader for the first time, during a meeting with President of Singapore Halimah Yacob on February 9 morning.


For the purposes of the present Treaty the territory of His Britannic Majesty shall be deemed to be Great Britain and Northern Ireland, the Channel Islands and the Isle of Man, and all parts of His Britannic Majesty's dominions overseas other than those enumerated in Article 14, together with the territories enumerated in Article 16 and any territories to which it may be extended under Article 17. It is understood that in respect of all territory of His Britannic Majesty as above defined other than Great Britain and Northern Ireland, the Channel Islands, and the Isle of Man, the present Treaty shall be applied so far as the laws permit. For the purposes of the present Treaty the territory of the United States shall be deemed  to be all territory wherever situated belonging to the United States, including its dependencies and all other territories under its exclusive administration or control.
10. Procuration: that is to say the procuring or transporting of a woman or girl under age, even with her consent, for immoral purposes, or of a woman or girl over age, by fraud, threats, or compulsion, for such purposes with a view in either case to gratifying the passions of another person provided that such crime or offence is punishable by imprisonment  for at least one year or by more severe punishment.
23. Any malicious act done with intent to endanger the safety of any persons traveling or being upon  a railway.
If the person claimed should be under examination or under punishment in the territories of the High Contracting Party applied to for any other crime or offence, his extradition shall be deferred  until the conclusion of the trial and the full execution of any punishment awarded to him.
This stipulation  does not apply to crimes or offences committed after the extradition.
If the individual claimed by one of the High Contracting Parties in pursuance of the present Treaty should be also claimed by one or several  other Powers on account of other crimes or offences committed within their respective jurisdictions, his extradition shall be granted to the Power whose claim is earliest in date, unless such claim is waived.
n1 The treaty was made applicable from Aug. 30, 1935, to Australia (including Papua, Norfolk Island, and mandated territories of New Guinea and Nauru) and Newfoundland. (It ceased to apply to Newfoundland, however, when Newfoundland entered the Confederation of Canada on Mar. 31, 1949.) It was also made applicable to Burma from Nov. 1, 1941, and to India from Mar. 9, 1942.
The requisition for the surrender of a fugitive criminal who has taken refuge in any territory of His Britannic Majesty  other than Great Britain and Northern Ireland, the Channel Islands, or the Isle of Man, or the Dominions or India mentioned in Article 14, shall be made to the Governor, or chief authority, of such territory by the appropriate consular officer of the United States of America.
This Treaty shall apply in the same manner as if they were Possessions of His Britannic Majesty to the following British Protectorates, that is to say, the Bechuanaland Protectorate, Gambia Protectorate, Kenya Protectorate, Nigeria Protectorate, Northern Rhodesia, Northern Territories of the Gold Coast, Nyasaland, Sierra Leone Protectorate, Solomon Islands Protectorate, Somaliland Protectorate, Swaziland, Uganda Protectorate and Zanzibar, and to the following territories in respect  of which a mandate on behalf of the League of Nations has been accepted by His Britannic Majesty, that is to say, Cameroons under British mandate, Togoland under British mandate, and the Tanganyika Territory.
n2 The treaty was made applicable from June 24, 1935, to Palestine and Transjordan (see exchanges of notes, below); from July 31, 1939, to the Federated Malay States (Negri, Sembilan, Pahang, Perak and Selangor), to the Unfederated Malay States (Johore, Kedah, Kelantan, Perlis and Trengganu), Brunei, and North Borneo; and from Aug. 1, 1966, to Tonga.
On the coming into force of the present treaty the provisions of Article 10  of the treaty of the 9th August, 1842, n3 of the Convention of the 12th July, 1889, n4 of the supplementary Convention of the 13th December, 1900, n5 and of the supplementary Convention of the 12th April, 1905, n6 relative to extradition, shall cease to have effect, save that in the case of each of the Dominions and India, mentioned in Article 14, those provisions shall remain in force until such Dominion or India shall  have acceded to the present treaty in accordance with Article 14 or until replaced by other treaty arrangements.
n3 TS 119, ante, p. 88.
n4 TS 139, ante, p. 211.
n5 TS 391, ante, p. 256.
n6 TS 458, ante, p. 272.
With reference to Article 17 of the Extradition Treaty between His Majesty The King of Great Britain, Ireland and the British Dominions beyond the Seas and the President of the United States of America, signed this day at London, I have the honour to inform Your Excellency that His Majesty's Government in the United Kingdom desire that the provisions of the above mentioned Treaty shall, as from the date of its entry into  force, be applicable to Palestine (excluding Transjordan).
With reference to Article 17 of the Extradition Treaty  between the President of the United States of America and His Majesty The King of Great Britain, Ireland and the British Dominions beyond the Seas, signed this day at London, I have the honor to inform you that the Government of the United States of America is agreeable to the proposal of His Majesty's Government in the United Kingdom that the provisions of the above mentioned Treaty shall, as from the date of its entry into force, be applicable to Transjordan.
Sir JOHN SIMON, G.C.S.I., etc., etc., etc., Foreign Office, S.W. 1.


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Ontario Jeopardized Lives Of Winter Motorists
by Darcy Romaine 15.07.2021 Safety
Ontario jeopardized the lives of winter motorists, but saved millions, by contracting out highway snow clearing, not insisting on proven methodologies, and poorly overseeing the service, Auditor General Bonnie Lysyk says in a revealing new report released May 29, 2015.
The report states that there was an increase in the number of deaths on Ontario highways in 2013 where snow, slush or ice was a factor. The Auditor General's report says "… the safety of the public and of providers of emergency services were put at risk because contractors did not plow or salt at all, did so far too infrequently, or drove equipment too quickly for the plowing and salting to be effective." In 2013/2014, for example, there were 1,100 instances where contractors did not meet multiple outcome targets.
But why were the contractors doing so poorly? The Auditor General faults the Ministry of Transportation's move in 2009 to implement "performance-based contracting" which gives contractors full autonomy in determining how they would meet the Ministry's winter highway maintenance outcome standards. By so doing, the proven historical practices were dropped from the contracts. The Auditor General also found that "the overriding criterion used by the Ministry to award contracts was the lowest bid, [so] there was an obvious incentive for contractors to minimize their equipment and use of winter treatment materials." By example, in one contract area the amount of anti-icing liquid decreased from 3,200,000 litres in a winter to 9,500 litres, and contractors took more than twice as long after a storm to restore bare pavements (4.7h) than prior to 2009 (2.1h). In fact, seventy five percent of the winning proposals sampled did not obtain full points in the area of winter highway maintenance, such as the contractor's ability to meet required circuit times with the proposed level of equipment. The Ministry advised the Attorney General it "believed that fines collected would be sufficient to cover the actual loss or damage that the Ministry could accrue as a result of failure to provide the service."
The Auditor General's report focuses exclusively on provincial roads. However, there is an equal or greater problem with municipal roads, which has not been examined by the Auditor General. Like provincial roads, between 1996 and 2002 the MTO oversaw a transition from process-based practices to "performance-based contracting." It also oversaw the drafting of a regulation that set outcome targets much lower than the historical standards, and provides immunity from lawsuits to municipalities who comply with the low expectation. The regulation is called the Minimum Maintenance Standards for Municipal Highways (MMS).
The MMS was introduced in 2002, but it has undergone several iterations following successful lawsuits that highlighted its gross inadequacies. The first was brought by BolandHowe in Thornhill v. Shadid, in which Howden J. criticized the winter patrolling requirements and questioned the regulation's legitimacy. The second was Giuliani v. Halton in which the Court of Appeal strictly interpreted the MMS and recognized that under the MMS, "a municipality is not liable for negligently failing to maintain a highway if it complied with the minimum standards that applied to its failure." The third, Silveira v. Regional Municipality of York and HMQ, was also brought by BolandHowe and counsel on Giuliani. That was an application to strike the regulation as ultra vires, for prescribing a standard of care that is less than reasonable. The Ministry, York Region, and the Ontario Good Roads Association avoided the challenge days before it was argued, when York Region withdrew its reliance on the MMS in the underlying action.
The Minister of Transportation, Steven Del Duca, has said in response, "I am committed to getting it right so that Ontarians can drive on our highways with the confidence they deserve." Hopefully, he will review municipal roads too.


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CE takes part in Sport For All Day 2018 (with photos)
The Chief Executive, Mrs Carrie Lam, shared the fun of doing exercise together with members of the public at Tsing Yi Southwest Sports Centre on Sport For All Day (SFAD) 2018 organised by the Leisure and Cultural Services Department (LCSD) today (August 5).
This is the 10th year in which the LCSD has organised SFAD to promote sport for all. Various free recreation and sports programmes are being offered at designated sports centres in 18 districts today, including health talks, exercise demonstrations, fitness corners, sports participation sessions, and activities for parents with children and persons with disabilities. Most of the LCSD's leisure facilities are also open for free use today.
Those accompanying Mrs Lam to join SFAD 2018 included the Secretary for Home Affairs, Mr Lau Kong-wah; the Director of Leisure and Cultural Services, Ms Michelle Li; the Deputy Director of Leisure and Cultural Services (Leisure Services), Ms Ida Lee; the District Officer (Kwai Tsing), Mr Kenneth Cheng; and the Chairman of the Kwai Tsing District Council, Mr Law King-shing. Two elite table tennis athletes, Lee Ho-ching and Minnie Soo, also joined the activities.
The Chief Executive and other guests first watched a demonstration of shuttlecock, which is the focal sport for this year's SFAD, before enjoying fitness exercise with members of the public. They also watched a parent-child fun game, a cycling participation activity and a pool soccer game, and took part in a boccia session for players including persons with disabilities.
Also supporting SFAD, five Principal Officials joined the activities held in various districts today. They were the Chief Secretary for Administration, Mr Matthew Cheung Kin-chung, who visited Kowloon Park Sports Centre in Yau Tsim Mong District; the Secretary for the Environment, Mr Wong Kam-sing, who visited Tiu Keng Leng Sports Centre in Sai Kung District; the Secretary for Labour and Welfare, Dr Law Chi-kwong, who visited Hong Kong Park Sports Centre in Central and Western District; the Secretary for Transport and Housing, Mr Frank Chan Fan, who visited Tai Po Hui Sports Centre in Tai Po District; and the Acting Secretary for Education, Dr Choi Yuk-lin, who visited To Kwa Wan Sports Centre in Kowloon City District to join related activities.
"Stay Active, Healthy and Happy!" has been adopted as the slogan of SFAD to promote the event and publicise the benefits of regular exercise, aiming to convey to the public that daily exercise is advantageous to both body and mind and to encourage them to do more exercise in their daily lives.
The LCSD has also invited the 18 District Councils, National Sports Associations, district sports associations, community sports clubs and community sport organisations, as well as privately run sports clubs and health centres, to organise activities and offer facilities for the public to enjoy today in support of the event.
SFAD 2018 is co-organised by the Department of Health; the Sports Medicine Team of the Chinese University of Hong Kong; the Sports Medicine and Health Science Alumni Association of the Chinese University of Hong Kong; the Physical Fitness Association of Hong Kong, China; the Hong Kong Paralympic Committee and Sports Association for the Physically Disabled; the Hong Kong Sports Association for Persons with Intellectual Disability; and the Hong Kong Shuttlecock Association Limited.
Ends/Sunday, August 5, 2018


College Hunks Hauling Junk and Moving of Long Island and Greater NYC donated $10,000 to the Cohen Children's Medical Center as part of a radiothon fundraiser.
Cohen Children's Medical Center is part of the North Shore-LIJ Health System and is one of the top children's hospitals in the United States. In addition to world-class physicians, nurses and staff, it has a policy of never turning away a family for inability to pay for treatment. That meant $12 million in donated care last year — and a need for ongoing community fundraising.