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Index 1

Michigan

Modified

Food Code

U.S. Public Health Service

FDA

2009 Food Code

As adopted by the Michigan Food Law

Effective October 1, 2012

Michigan Department of Agriculture and Rural Development

P.O. Box 30017, Lansing, Mi 48909

Amended version of the 2009 FDA Food Code

Chapters 1-8

Index 2

Chapter

1 Purpose and Definitions

Parts

1-1 TITLE, INTENT, SCOPE

1-2 DEFINITIONS

1-1 TITLE, INTENT, SCOPE

Subparts

1-101 Title

1-102 Intent

1-103 Scope

Title 1-101.10 Food Code.

These provisions shall be known as the Food Code, hereinafter referred

to as "this Code."

I

nten

t

1-102.10 Food Safety, Illness Prevention, and Honest

Presentation.

The purpose of this Code is to safeguard public health and provide to

CONSUMERS FOOD that is safe, unADULTERATED, and honestly

p

resented.

S

cope 1-103.10 Statement.

This Code establishes definitions; sets standards for management and

p

ersonnel, FOOD operations, and EQUIPMENT and facilities; and provides

for FOOD ESTABLISHMENT plan review, PERMIT issuance, inspection,

EMPLOYEE RESTRICTION, and PERMIT suspension.

Index 3

1-2 DEFINITIONS

Subpart

1-201 Applicability and Terms Defined

Applicability and

Terms Defined

1-201.10 Statement of Application and Listing of

Terms.

(A) The following definitions shall apply in the interpretation and application of this Code.

(B) Terms Defined. As used in this Code, each of the terms listed in ¶ 1-201.10(B) shall have

the meaning stated below.

Accredited Program.

(1) "Accredited program" means a food protection manager certification program that

has been evaluated and listed by an accrediting agency as conforming to national

standards for organizations that certify individuals.

(2) "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, re-

certification, discipline and grievance procedures; and test development and

administration.

(3) "Accredited program" does not refer to training functions or educational

programs.

Additive.

(1) "Food additive" has the meaning stated in the Federal Food, Drug, and Cosmetic

Act, § 201(s) and 21 CFR 170.3(e)(1).

(2) "Color additive" has 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.

"Approved" means acceptable to the

REGULATORY AUTHORITY based on a determination of

conformity with principles, practices, and generally recognized standards that protect public

health.

Asymptomatic.

Index 4

(1) "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.

(2) "Asymptomatic" includes not showing symptoms because symptoms have resolved

or subsided, or because symptoms never manifested.

"a

w

" means water activity which 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 A

W

.

"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.

"Beverage" means a liquid for drinking, including water.

"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.

"Casing" means a tubular container for sausage products made of either natural or artificial

(synthetic) material.

"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 Code to the CFR refer

sequentially to the Title, Part, and Section numbers, such as 40 CFR 180.194 refers to Title

40, Part 180, Section 194.

CIP.

(1) "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.

(2) "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.

Index

5

"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.

(1) "Comminuted" means reduced in size by methods including chopping, flaking,

grinding, or mincing.

(2) "Comminuted" includes

FISH or MEAT products that are reduced in size and

restructured or reformulated such as gefilte

FISH, gyros, ground beef, and sausage; and a

mixture of 2 or more types of MEAT that have been reduced in size and combined, such as

sausages made from 2 or more MEATS.

"Conditional employee" means a potential FOOD EMPLOYEE to whom a job offer is made,

conditional on 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 agent 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.

(1) "Core item" means a provision in this Code that is not designated as a

PRIORITY ITEM or a PRIORITY FOUNDATION ITEM.

(2) "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 material" means a material that maintains acceptable surface

cleanability characteristics under prolonged influence of the FOOD to be

Index

6

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 SHELLSTOCK shipper, shucker-packer, repacker, reshipper, or depuration

processor of MOLLUSCAN SHELLFISH according to the provisions of the National Shellfish

Sanitation Program.

"Disclosure" means a written statement that clearly identifies the animal-derived FOODS

which are, or can be ordered, raw, undercooked, or without otherwise being processed to

eliminate pathogens, or items that contain an ingredient that is raw, undercooked, or without

otherwise being processed to eliminate pathogens.

Drinking Water.

(1) "Drinking water" means water that meets criteria as specified in 40 CFR

141 National Primary Drinking Water Regulations.

(2) "Drinking water" is traditionally known as "potable water."

(3) "Drinking water" includes the term "water" except where the term used connotes that

the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater,"

and "nondrinking" water.

"Dry storage area" means a room or area designated for the storage of

PACKAGED or

containerized bulk

FOOD that is not POTENTIALLY HAZARDOUS (TIME/TEMPERATURE CONTROL

FOR SAFETY FOOD

) and dry goods such as SINGLE-SERVICE items.

Index

7

Easily Cleanable.

(1) "Easily cleanable" means a characteristic of a surface that:

(a) Allows effective removal of soil by normal cleaning methods;

(b) Is dependent on the material, design, construction, and installation of the

surface; and

(c) 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.

(2) "Easily cleanable" includes a tiered application of the criteria that qualify the

surface as EASILY CLEANABLE as specified in Subparagraph (1) of this definition to

different situations in which varying degrees of cleanability are required such as:

(a) 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

(b) 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.

(1) "Egg" means the shell EGG of avian species such as chicken, duck, goose, guinea, quail,

RATITES or turkey.

(2) "Egg" does not include:

(a) A BALUT;

(b) The egg of reptile species such as alligator; or

(c) An

EGG PRODUCT.

Index

8

Egg Product.

(1) "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.

(2) "Egg Product" does not include FOOD which 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.

"Enterohemorrhagic Escherichia coli” (EHEC) means E. coli which cause hemorrhagic

colitis, meaning bleeding enterically or bleeding from the intestine. The term is typically

used in association with E. coli that have the capacity to produce Shiga toxins and to cause

attaching and effacing lesions in the intestine. EHEC is a subset of STEC, whose members

produce additional virulence factors. Infections with EHEC may be asymptomatic but are

classically associated with bloody diarrhea (hemorrhagic colitis) and hemolytic uremic

syndrome (HUS) or thrombotic thrombocytopenic purpura (TTP). Examples of serotypes of

EHEC include: E. coli O157:H7; E. coli O157:NM; E. coli O26:H11; E. coli O145:NM; E.

coli O103:H2; or E. coli O111:NM. Also see SHIGA TOXIN-PRODUCING E. COLI.

"EPA" means the U.S. Environmental Protection Agency.

Equipment.

(1) "Equipment" means an article that is used in the operation of a FOOD ESTABLISHMENT

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.

(2) "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.

"FDA" means the U.S. Food and Drug Administration. \

Fish.

Index 9

(1) "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.

(2) "Fish" includes an edible human FOOD product derived in whole or in part from

FISH, including FISH that have been processed in any manner.

"Food" means 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 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:

(1) A surface of EQUIPMENT or a UTENSIL with which FOOD normally comes into contact; or

(2) A surface of EQUIPMENT or a UTENSIL from which FOOD may drain, drip, or splash:

(a) Into a FOOD, or

(b) 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.

(1) "Food establishment" means an operation that:

(a) stores, prepares, packages, serves, vends food directly to the consumer, or otherwise

provides FOOD 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

(b) 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.

(2) "Food establishment" includes:

Index 10

(a) An element of the operation such as a transportation vehicle or a central preparation

facility that supplies a vending location or satellite feeding location unless the

vending or feeding location is permitted by the

REGULATORY AUTHORITY; and

(b) 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.

(3) "Food establishment" does not include:

(a) An establishment that offers only prePACKAGED FOODS that are not POTENTIALLY

HAZARDOUS

(TIME/TEMPERATURE CONTROL FOR SAFETY) FOODS;

(b) A produce stand that only offers whole, uncut fresh fruits and vegetables;

(c) A FOOD PROCESSING PLANT; including those that are located on the PREMISES of

a FOOD ESTABLISHMENT

(d) A kitchen in a private home if only FOOD that is not POTENTIALLY HAZARDOUS

(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;

(e) An area where FOOD that is prepared as specified in Subparagraph (3)(d) of this

definition is sold or offered for human consumption;

(f) A kitchen in a private home, such as a small family day-care provider; or a bed-and-

breakfast operation that prepares and offers

FOOD to guests if the home is owner

occupied, the number of available guest bedrooms does not exceed 6, 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 not regulated and inspected by the REGULATORY AUTHORITY; or

(g) A private home that receives catered or home-delivered

FOOD.

Food Processing Plant.

(1) "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.

(2) "Food processing plant" does not include a FOOD ESTABLISHMENT.

Index 11

Game Animal.

(1) "Game animal" means an animal, the products of which are

FOOD, that is not classified

as livestock, sheep, swine, goat, horse, mule, or other equine in 9 CFR 301.2 Definitions,

or as Poultry, or

FISH.

(2) "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.

(3) "Game animal" does not include RATITES.

"General use pesticide" means a pesticide that is not classified by EPA for restricted use as

specified in 40 CFR 152.175 Pesticides classified for restriced use.

"Grade A standards" means the requirements of the United States Public Health

Service/FDA "Grade A Pasteurized Milk Ordinance" 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 and CRITICAL CONTROL POINT principles developed by The

National Advisory Committee on Microbiological Criteria for Foods.

Handwashing Sink.

(1) "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 the hands.

(2) "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

Index 12

(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:

(1) The number of potential injuries, and

(2) 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 that are referred to as "injecting," “pump marinating,” or "stitch

pumping”.

Juice.

(1) "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

concentrates of such liquid or purée.

(2) "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.

(1) "Major food allergen" means:

(a) 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

(b) A

FOOD ingredient that contains protein derived from a FOOD, as specified in

Subparagraph (1)(a) of this definition.

Index 13

(2) "Major food allergen" does not include:

(a) Any highly refined oil derived from a FOOD specified in Subparagraph (1)(a) of this

definition and any ingredient derived from such highly refined oil; or

(b) Any ingredient that is exempt under the petition or notification process specified in

the Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 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 Subparagraphs 3-201.17(A)(3) and (4).

Mechanically Tenderized.

(1) "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.

(2) "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).

"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.

Non-Continuous Cooking.

(1) "Non-continuous 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.

(2) "Non-continuous cooking" does not include cooking procedures that only involve

temporarily interrupting or slowing an otherwise continuous cooking process.

Packaged.

(1) "Packaged" means bottled, canned, cartoned, securely bagged, or securely wrapped,

whether

PACKAGED in a FOOD ESTABLISHMENT or a FOOD PROCESSING PLANT.

Index 14

(2) "Packaged" does not include a wrapper, carry-out box, or other nondurable container

used to containerize FOOD with the purpose of facilitating FOOD protection during service

and receipt of the FOOD by the CONSUMER.

"Permit" means the document issued by the REGULATORY AUTHORITY that authorizes a

PERSON to operate a FOOD ESTABLISHMENT.

"Permit holder" means the entity that:

(1) Is legally responsible for the operation of the FOOD ESTABLISHMENT such as the owner,

the owner's agent, or other PERSON; and

(2) 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.

(1) "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.

(2) "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 indicate acidity and values between 7 and 14 indicate

alkalinity. The value for pure distilled water is 7, 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:

(1) Is permanently or temporarily connected to the water distribution system of the

PREMISES

and demands a supply of water from the system; or

(2) Discharges used water, waste materials, or SEWAGE directly or indirectly to the drainage

system of the

PREMISES.

Index 15

"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 4 categories:

(1) Cleaners and SANITIZERS, which include cleaning and SANITIZING agents and agents such

as caustics, acids, drying agents, polishes, and other chemicals;

(2) Pesticides, except SANITIZERS, which include substances such as insecticides and

rodenticides;

(3) Substances necessary for the operation and maintenance of the establishment

such as nonfood grade lubricants 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.

Potentially Hazardous Food (Time/Temperature Control for Safety Food).

(1) "Potentially hazardous food (time/temperature control for safety food)" means a

FOOD that requires time/temperature control for safety (TCS) to limit pathogenic

microorganism growth or toxin formation.

(2) "Potentially hazardous food (time/temperature control for safety food)" includes:

(a) 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

(b) Except as specified in Subparagraph (3)(d) of this definition, a FOOD

that because of the interaction of its A

W

and PH values is designated as Product

Assessment Required (PA) in Table A or B of this definition:

Index 16

Table A. Interaction of PH and A

W

for control of spores in FOOD heat-treated to

destroy vegetative cells and subsequently PACKAGED

A

W

values PH values

4.6 or less > 4.6 - 5.6 > 5.6

<0.92 non-PHF*/non-TCS

FOOD**

non-PHF/non-TCS

FOOD

non-PHF/non-TCS

FOOD

> 0.92 - .95 non-PHF/non-TCS

FOOD

non-PHF/non-TCS

FOOD

PA***

> 0.95 non-PHF/non-TCS

FOOD

PA PA

* PHF means POTENTIALLY HAZARDOUS FOOD

**

TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD

*** PA means Product Assessment required

Table B. Interaction of PH and A

W

for control of vegetative cells and spores in FOOD not

heat-treated or heat-treated but not PACKAGED

A

W

values PH values

< 4.2 4.2 - 4.6 > 4.6 - 5.0 > 5.0

< 0.88

non-PHF*/

non-TCS food**

non-PHF/

non-TCS

food

non-PHF/

non-TCS food

non-PHF/ non-TCS

food

0.88 – 0.90

non-PHF/

non-TCS food

non-PHF/

non-TCS

food

non-PHF/

non-TCS food

PA***

> 0.90 – 0.92

non-PHF/

non-TCS food

non-PHF/

non-TCS

food

PA

> 0.92

non-PHF/

non-TCS food

PA

* PHF means POTENTIALLY HAZARDOUS FOOD

**

TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD

*** PA means Product Assessment required

Index 1

7

(3) "Potentially hazardous food (time/temperature control for safety food)"

does not include:

(a) An air-cooled hard-boiled

EGG with shell intact, or an EGG with shell intact

t

hat 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 non-refrigerated storage and distribution;

(c) A FOOD that because of its PH or A

W

value, or interaction of A

W

and PH

values, is designated as a non-PHF/non-TCS

FOOD in Table A or B of this

definition;

(d) A

FOOD that is designated as Product Assessment Required (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:

(i) Intrinsic factors including added or natural characteristics of the FOOD

such as preservatives, antimicrobials, humectants, acidulants,

or nutrients,

(ii) 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

(iii) 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 Subparagraphs (3)(a) - (3)(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.

"Poultry" means:

(1) Any domesticated bird (chickens, turkeys, ducks, geese, guineas, RATITES, or squabs),

whether live or dead, as defined in 9 CFR 381.1 Poultry Products Inspection Regulations

Definitions, Poultry; and

Index 18

(2) Any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or pigeon,

whether live or dead, as defined in 9 CFR 362.1 Voluntary Poultry Inspection

Regulations, Definitions.

"Premises" means:

(1) The PHYSICAL FACILITY, its contents, and the contiguous land or property under the

control of the PERMIT HOLDER; or

(2) The PHYSICAL FACILITY, its contents, and the land or property not described in

Subparagraph (1) of this definition if its facilities and contents are under the control of

the PERMIT HOLDER and may impact FOOD ESTABLISHMENT personnel, facilities, or

operations, and 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 Item.

(1) "Priority item" means a provision in this Code whose application contributes

directly to the elimination, prevention or reduction to an acceptable level, hazards

associated with foodborne illness or injury and there is no other provision that more

directly controls the hazard.

(2) "Priority item" includes items with a quantifiable measure to show control of

hazards such as cooking, reheating, cooling, handwashing; and

(3) "Priority item" is an item that is denoted in this Code with a superscript P-

P

.

Priority Foundation Item.

(1) "Priority foundation item" means a provision in this Code whose

application supports, facilitates or enables one or more

PRIORITY ITEMS.

(2) "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

(3) "Priority foundation item" is an item that is denoted in this Code with a

superscript Pf -

Pf

.

Index 19

"Public water system" has the meaning stated in 40 CFR 141 National Primary Drinking

Water Regulations.

"Ratite" means a flightless bird such as an emu, ostrich, or rhea.

Ready-to-Eat Food.

(1) "Ready-to-eat food" means FOOD that:

(a) Is in a form that is edible without additional preparation to achieve FOOD safety, as

specified under one of the following: ¶ 3-401.11(A) or (B), § 3-401.12, or § 3-

402.11, or as specified in ¶ 3-401.11(C); or

(b) Is a raw or partially cooked animal

FOOD and the consumer is advised as specified in

Subparagraphs 3-401.11(D)(1) and (3); or

(c) Is prepared in accordance with a variance that is granted as specified in

Subparagraph 3-401.11(D) (4); and

(d) May receive additional preparation for palatability or aesthetic, epicurean,

gastronomic, or culinary purposes.

(2) "Ready-to-eat food" includes:

(a) Raw animal

FOOD that is cooked as specified under § 3-401.11 or 3-401.12,

or frozen as specified under § 3-402.11;

(b) Raw fruits and vegetables that are washed as specified under § 3-302.15;

(c) Fruits and vegetables that are cooked for hot holding, as specified under § 3-401.13;

(d) All

POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY

FOOD

) that is cooked to the temperature and time required for the specific FOOD

under Subpart 3-401 and cooled as specified under § 3-501.14;

(e) 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;

(f) Substances derived from plants such as spices, seasonings, and sugar;

(g) A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking

is not required for FOOD safety;

(h) The following products that are produced in accordance with USDA guidelines and

that have received a lethality treatment for pathogens: dry, fermented sausages, such

Index 20

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

(i) FOODS manufactured as specified in 21 CFR Part 113, Thermally Processed Low-

Acid Foods Packaged in Hermetically Sealed Containers.

Reduced Oxygen Packaging.

(1) "Reduced oxygen packaging" means:

(a) 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

(b) A process as specified in Subparagraph (1)(a) of this definition that involves a FOOD

for which the HAZARDS Clostridium botulinum or Listeria monocytogenes require

control in the final PACKAGED form.

(2) "Reduced oxygen packaging" includes:

(a) 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;

(b) 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;

(c) 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 of oxygen, nonrespiring

FOOD, and impermeable PACKAGING material;

(d) Cook chill

PACKAGING, in which cooked FOOD is hot filled into impermeable bags

which 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

Index 21

(e) Sous vide PACKAGING, in which raw or partially cooked FOOD is placed in a

hermetically sealed, 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 local, state, or federal enforcement body or 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.

"Re-service" 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, or 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 590.

"Restricted use pesticide" means a pesticide product that contains the active ingredients

specified in 40 CFR 152.175 Pesticides classified for restricted use, 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:

(1) An article manufactured from or composed of materials that may not reasonably be

expected to result, directly or indirectly, in their becoming a component or otherwise

affecting the characteristics of any

FOOD;

(2) An additive that is used as specified in § 409 of the Federal Food, Drug, and Cosmetic

Act; or

(3) Other materials that are not ADDITIVES and that are used in conformity with applicable

regulations of the Food and Drug Administration.

Index 22

"Sanitization" means the application of cumulative heat or chemicals on cleaned FOOD-

CONTACT SURFACES that, when evaluated for efficacy, is sufficient to yield a reduction of 5

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 allow 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.

"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.

"Shellstock" means raw, in-shell MOLLUSCAN SHELLFISH.

"Shiga toxin-producing Escherichia coli" (STEC) means any E. coli capable of producing

Shiga toxins (also called verocytotoxins or "Shiga-like" toxins). Examples of serotypes of

STEC include both O157 and non-O157 E. coli. Also see ENTEROHEMORRHAGIC

ESCHERICHIA COLI.

"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.

(1) "Single-use articles" means UTENSILS and bulk FOOD containers designed and

constructed to be used once and discarded.

(2) "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 under §§ 4-101.11, 4-201.11, and 4-202.11 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 -23

o

C (-10

o

F) to -4

o

C (25

o

F) in preparation

Index 23

for deep-fat frying or to facilitate even heat penetration during the cooking of previously

block-frozen FOOD such as shrimp.

"Smooth" means:

(1) A FOOD-CONTACT SURFACE having a surface free of pits and inclusions with a

cleanability equal to or exceeding that of (100 grit) number 3 stainless steel;

(2) A nonFOOD-CONTACT SURFACE of EQUIPMENT having a surface equal to that of

commercial grade hot-rolled steel free of visible scale; and

(3) A floor, wall, or ceiling having an even or level surface with no roughness or

projections that render it difficult to clean.

"Tableware" means eating, drinking, and serving UTENSILS for table use such as flatware

including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and

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.

"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 Code 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.

Index 24

"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.

"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.

Index 25

Chapter

2 Management and

Personnel

Parts

2-1 SUPERVISION

2-2 EMPLOYEE HEALTH

2-3 PERSONAL CLEANLINESS

2-4 HYGIENIC PRACTICES

2-1 SUPERVISION

Subparts

2-101 Responsibility

2-102 Knowledge

2-103 Duties

R

esponsibilit

y

2-101.11 Assignment.

(A) Except as specified in ¶ (B) of this section, the PERMIT HOLDER shall

be the PERSON IN CHARGE or shall designate a PERSON IN CHARGE and

shall ensure that a PERSON IN CHARGE is present at the FOOD

ESTABLISHMENT

during all hours of operation.

Pf

(B) In a FOOD ESTABLISHMENT with two or more separately PERMITTED

departments that are the legal responsibility of the same PERMIT

H

OLDER and that are located on the same PREMISES, the PERMIT HOLDER

may, during specific time periods when food is not being prepared,

p

ackaged, or served, designate a single PERSON IN CHARGE who is

p

resent on the PREMISES during all hours of operation, and who is

responsible for each separately PERMITTED FOOD ESTABLISHMENT on the

P

REMISE

S

.

Pf

Index 26

K

nowled

g

e 2-102.11 Demonstration.

Based on the

RISKS inherent to the FOOD operation, during inspections

and upon request the

PERSON IN CHARGE shall demonstrate to the

REGULATORY AUTHORITY knowledge of foodborne disease prevention,

application of the HAZARD Analysis and CRITICAL CONTROL POINT

p

rinciples, and the requirements of this Code. The PERSON IN CHARGE

shall demonstrate this knowledge by:

(A) Complying with this Code by having no violations of PRIORITY

ITEMS

during the current inspection;

Pf

(B) Being a certified

FOOD protection manager who has shown

proficiency of required information through passing a test that is

part of an

ACCREDITED PROGRAM;

Pf

or

(C) Responding correctly to the inspector's questions as they

relate to the specific FOOD operation. The areas of knowledge include:

(1) Describing the relationship between the prevention of foodborne

disease and the personal hygiene of a FOOD EMPLOYEE;

Pf

(2) Explaining the responsibility of the PERSON IN CHARGE for

p

reventing the transmission of foodborne disease by a FOOD EMPLOYEE

who has a disease or medical condition that may cause foodborne

disease;

Pf

(3) Describing the symptoms associated with the diseases that are

transmissible through FOOD;

Pf

(4) Explaining the significance of the relationship between maintaining

the time and temperature of POTENTIALLY HAZARDOUS FOOD

(

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) and the prevention

of foodborne illness;

Pf

(5) Explaining the

HAZARDS involved in the consumption of raw or

undercooked MEAT, POULTRY, EGGS, and FISH;

Pf

(6) Stating the required

FOOD temperatures and times for safe cooking

of POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

) including MEAT, POULTRY, EGGS, and FISH;

Pf

(7) Stating the required temperatures and times for the safe refrigerated

storage, hot holding, cooling, and reheating of POTENTIALLY

HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD);

Pf

Index 27

(8) Describing the relationship between the prevention of foodborne

illness and the management and control of the following:

(a) Cross contamination,

P

f

(b) Hand contact with READY-TO-EAT FOODS,

P

f

(c) Handwashing,

Pf

and

(d) Maintaining the FOOD ESTABLISHMENT in a clean condition

and in good repair;

Pf

(9) Describing

FOODS identified as MAJOR FOOD ALLERGENS and the

symptoms that a

MAJOR FOOD ALLERGEN could cause in a

sensitive individual who has an allergic reaction.

Pf

(10) Explaining the relationship between FOOD safety and providing

EQUIPMENT that is:

(a) Sufficient in number and capacity,

P

f

and

(b) Properly designed, constructed, located, installed,

operated, maintained, and cleaned;

Pf

(11) Explaining correct procedures for cleaning and SANITIZING

UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT;

Pf

(12) Identifying the source of water used and measures taken to ensure

that it remains protected from contamination such as

providing protection from backflow and precluding the

creation of cross connections;

Pf

(13) Identifying POISONOUS OR TOXIC MATERIALS in the FOOD

ESTABLISHMENT and the procedures necessary to ensure that

they are safely stored, dispensed, used, and disposed of

according to

LAW;

Pf

(14) Identifying

CRITICAL CONTROL POINTS in the operation from

purchasing through sale or service that when not controlled

may contribute to the transmission of foodborne illness and

explaining steps taken to ensure that the points are

controlled in accordance with the requirements of this Code;

Pf

Index 28

(15) Explaining the details of how the PERSON IN CHARGE and FOOD

EMPLOYEES

comply with the HACCP PLAN if a plan is required by the

LAW, this Code, or an agreement

between the

REGULATORY AUTHORITY and the FOOD

ESTABLISHMENT;

Pf

(16) Explaining the responsibilities, rights, and authorities assigned by

this Code to the:

(a) FOOD EMPLOYEE,

P

f

(b) CONDITIONAL EMPLOYEE,

P

f

(c) P

ERSON IN CHARGE,

P

f

(d) R

EGULATORY AUTHORITY;

Pf

and

(17) Explaining how the PERSON IN CHARGE, FOOD EMPLOYEES, and

CONDITIONAL EMPLOYEES

comply with reporting responsibilities and

EXCLUSION or RESTRICTION of FOOD EMPLOYEES.

Pf

2-102.20 Food Protection Manager Certification.

A PERSON IN CHARGE who demonstrates knowledge by being a FOOD

p

rotection manager that is certified by a FOOD protection manager

certification program that is evaluated and listed by a Conference for

Food Protection-recognized accrediting agency as conforming to the

Conference for Food Protection Standards for Accreditation of Food

Protection Manager Certification Programs is deemed to comply with ¶

2-102.11(B).

D

uties 2-103.11 Person in Charge.

The

PERSON IN CHARGE shall ensure that:

(B) PERSONS unnecessary to the FOOD ESTABLISHMENT

operation are not allowed in the FOOD preparation, FOOD storage, or

WAREWASHING areas, except that brief visits and tours may be

authorized by the

PERSON IN CHARGE if steps are taken to ensure that

exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and

unwrapped

SINGLE-SERVICE and SINGLE-USE ARTICLES are protected

from contamination;

Pf

Index 29

(C) EMPLOYEES and other PERSONS such as delivery and

maintenance PERSONS and pesticide applicators entering the FOOD

p

reparation, FOOD storage, and WAREWASHING areas comply with this

Code;

Pf

(D) E

MPLOYEES are effectively cleaning their hands, by

routinely monitoring the EMPLOYEES' handwashing;

Pf

(E) E

MPLOYEES are visibly observing FOODS as they are

received to determine that they are from

APPROVED sources, delivered at

the required temperatures, protected from contamination,

unADULTERED, and accurately presented, by

routinely monitoring the EMPLOYEES' observations and periodically

evaluating

FOODS upon their receipt;

Pf

(F) E

MPLOYEES are properly cooking POTENTIALLY

HAZARDOUS

FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD),

being particularly careful in cooking those FOODS known to cause

severe foodborne illness and death, such as EGGS and COMMINUTED

MEATS, through daily oversight of the EMPLOYEES' routine monitoring

of the cooking temperatures using appropriate temperature measuring

devices properly scaled and calibrated as specified under § 4-203.11

and ¶ 4-502.11(B);

Pf

(G) EMPLOYEES are using proper methods to rapidly cool

POTENTIALLY HAZARDOUS FOODS (TIME/TEMPERATURE CONTROL FOR

SAFETY FOODS

) that are not held hot or are not for consumption within 4

hours, through daily oversight of the EMPLOYEES' routine monitoring of

FOOD temperatures during cooling;

Pf

(H) C

ONSUMERS who order raw; or partially cooked READY-

TO-EAT FOODS of animal origin are informed as specified under

§ 3-603.11 that the

FOOD is not cooked sufficiently to ensure its safety;

Pf

(I) E

MPLOYEES are properly SANITIZING cleaned multiuse

EQUIPMENT and UTENSILS before they are reused, through routine

monitoring of solution temperature and exposure time for hot water

SANITIZING, and chemical concentration, pH, temperature, and exposure

time for chemical SANITIZING;

Pf

(J) C

ONSUMERS are notified that clean TABLEWARE is to be

used when they return to self-service areas such as salad bars and

buffets as specified under § 3-304.16;

Pf

Index 30

(K) Except when APPROVAL is obtained from the

REGULATORY AUTHORITY as specified in ¶ 3-301.11(D), EMPLOYEES are

p

reventing cross-contamination of READY-TO-EAT FOOD with bare hands

by properly using suitable

UTENSILS such as deli tissue, spatulas, tongs,

single-use gloves, or dispensing

EQUIPMENT;

Pf

(L) EMPLOYEES are properly trained in FOOD safety as it

relates to their assigned duties;

Pf

and

(M) FOOD EMPLOYEES and CONDITIONAL EMPLOYEES are

informed of their responsibility to report in accordance with LAW, to the

PERSON IN CHARGE, information about their health and activities as they

relate to diseases that are transmissible through FOOD, as specified

under ¶ 2-201.11(A).

Pf

2-2 EMPLOYEE HEALTH

Subpart

2-201 Responsibilities of Permit Holder, Person in

Charge, Food Employees, and Conditional

Employees

R

esponsibilities and

R

eportin

g

S

y

mptoms

and Diagnosis

2-201.11 Responsibility of Permit Holder, Person in Charge,

and Conditional Employees.

(A) The

PERMIT HOLDER shall require FOOD EMPLOYEES and

CONDITIONAL EMPLOYEES to report to the PERSON IN CHARGE information

about their health and activities as they relate to diseases that are

transmissible through

FOOD. A FOOD EMPLOYEE or CONDITIONAL

EMPLOYEE

shall report the information in a manner that allows the

PERSON IN CHARGE to reduce the RISK of foodborne disease transmission,

including providing necessary additional information, such as the date o

f

onset of symptoms and an illness, or of a diagnosis without symptoms, i

f

the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE:

reportable symptoms

(1) Has any of the following symptoms:

(a) Vomiting,

P

(b) Diarrhea,

P

Index 31

(c) Jaundice,

P

(d) Sore throat with fever,

P

or

(e) A lesion containing pus such as a boil or infected wound that

is open or draining and is:

(i) On the hands or wrists, unless an impermeable cover such

as a finger cot or stall protects the lesion and a SINGLE-USE

glove is worn over the impermeable cover,

P

(ii) On exposed portions of the arms, unless the lesion is

protected by an impermeable cover,

P

or

(iii) On other parts of the body, unless the lesion is covered by

a dry, durable, tight-fitting bandage;

P

reportable

diagnosis

(2) Has an illness diagnosed by a HEALTH PRACTITIONER due to:

(a) Norovirus,

P

(b) Hepatitis A virus,

P

(c) Shigella spp.,

P

(d) ENTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING

ESCHERICHIA COLI,

P

or

(e) Salmonella Typhi;

P

reportable

p

ast illness

(3) Had a previous illness, diagnosed by a HEALTH PRACTITIONER, within

the past 3 months due to Salmonella Typhi, without having received

antibiotic therapy, as determined by a

HEALTH PRACTITIONER;

P

reportable

history of exposure

(4) Has been exposed to, or is the suspected source of, a

CONFIRMED

DISEASE OUTBREAK

, because the FOOD EMPLOYEE or CONDITIONAL

EMPLOYEE

consumed or prepared FOOD implicated

in the outbreak, or consumed FOOD at an event prepared by a PERSON

who is infected or ill with:

(a) Norovirus within the past 48 hours of the last exposure,

P

(b) E

NTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING

ESCHERICHIA COLI, or Shigella spp. within the past 3 days of the

last exposure,

P

Index 32

(c) Salmonella Typhi within the past 14 days of the last

exposure,

P

or

(d) Hepatitis A virus within the past 30 days of the last

exposure;

P

or

reportable

history of exposure

(5) Has been exposed by attending or working in a setting where

there is a CONFIRMED DISEASE OUTBREAK, or living in the same

household as, and has knowledge about, an individual who works or

attends a setting where there is a CONFIRMED

DISEASE OUTBREAK, or living in the same household as, and has

knowledge about, an individual diagnosed with an illness caused

b

y:

(a) Norovirus within the past 48 hours of the last exposure,

P

(b) E

NTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING

ESCHERICHIA COLI, or Shigella spp. within the past 3 days of the

last exposure,

P

(c) Salmonella Typhi within the past 14 days of the last

exposure,

P

or

(d) Hepatitis A virus within the past 30 days of the last

exposure.

P

responsibility of

p

erson in charge to

notify the regulatory

authority

(B) The PERSON IN CHARGE shall notify the REGULATORY AUTHORITY

when a FOOD EMPLOYEE is:

(1) Jaundiced,

Pf

or

(2) Diagnosed with an illness due to a pathogen as specified under

Subparagraphs (A)(2)(a) - (e) of this section.

Pf

responsibility of the

p

erson in charge to

p

rohibit a conditional

employee from becoming

a food employee

(C) The PERSON IN CHARGE shall ensure that a CONDITIONAL EMPLOYEE:

(1) Who exhibits or reports a symptom, or who reports a diagnosed

illness as specified under Subparagraphs (A)(1) - (3) of this section,

is prohibited from becoming a

FOOD EMPLOYEE until the

CONDITIONAL EMPLOYEE meets the criteria for the specific symptoms

or diagnosed illness as specified under § 2-201.13;

P

and

(2) Who will work as a

FOOD EMPLOYEE in a FOOD ESTABLISHMENT that

serves as a HIGHLY SUSCEPTIBLE POPULATION and reports a history o

f

exposure as specified under Subparagraphs (A)(4) – (5), is

prohibited from becoming a FOOD EMPLOYEE until the CONDITIONAL

EMPLOYEE

meets the criteria as specified under ¶ 2-201.13(I).

P

Index 33

responsibility of the

p

erson in charge to

exclude or restrict

(D) The PERSON IN CHARGE shall ensure that a FOOD EMPLOYEE who

exhibits or reports a symptom, or who reports a diagnosed illness or a

history of exposure as specified under Subparagraphs (A)(1) - (5) of this

section is:

(1) EXCLUDED as specified under ¶¶ 2-201.12 (A) - (C), and

Subparagraphs (D)(1), (E)(1), (F)(1), or (G)(1) and in compliance

with the provisions specified under ¶¶ 2-201.13(A) - (G);

P

or

(2)

RESTRICTED as specified under Subparagraphs 2-201.12 (D)(2),

(E)(2), (F)(2), (G)(2), or ¶¶ 2-201.12(H) or (I) and in compliance

with the provisions specified under ¶¶ 2-201.13(D) - (I).

P

responsibility of

f

ood employees and

conditional employees to

report

(E) A FOOD EMPLOYEE or CONDITIONAL EMPLOYEE shall report to the

PERSON IN CHARGE the information as specified under ¶ (A) of this

section.

Pf

responsibility of food

employees to comply

(F) A FOOD EMPLOYEE shall:

(1) Comply with an EXCLUSION as specified under ¶¶ 2-201.12(A) - (C)

and Subparagraphs 2-201.12(D)(1), (E)(1), (F)(1), or (G)(1) and

with the provisions specified under ¶¶ 2-201.13(A) - (G);

P

or

(2) Comply with a RESTRICTION as specified under

Subparagraphs 2-201.12(D)(2), (E)(2), (F)(2), (G)(2), or ¶¶ 2-201.12

(H) or (I) and comply with the provisions specified under

¶¶ 2-201.13(D) - (I).

P

conditions of

exclusion and

restriction

2-201.12 Exclusions and Restrictions.

The

PERSON IN CHARGE shall EXCLUDE or RESTRICT a FOOD EMPLOYEE

from a FOOD ESTABLISHMENT in accordance with the following:

s

ymptomatic with

vomiting or diarrhea

(A) Except when the symptom is from a noninfectious condition,

EXCLUDE a FOOD EMPLOYEE if the FOOD EMPLOYEE is:

(1) Symptomatic with vomiting or diarrhea;

P

or

(2) Symptomatic with vomiting or diarrhea and diagnosed with an

infection from Norovirus, Shigella spp., or

ENTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING E. COLI.

P

Index 34

j

aundiced or diagnosed

with hepatitis A

infection

(B) ExCLUDE a FOOD EMPLOYEE who is:

(1) Jaundiced and the onset of jaundice occurred within

the last 7 calendar days, unless the FOOD EMPLOYEE provides to the

PERSON IN CHARGE written medical documentation from a

HEALTH PRACTITIONER specifying that the jaundice is not caused

by hepatitis A virus or other fecal-orally transmitted infection;

P

(2) Diagnosed with an infection from hepatitis A virus within 14

calendar days from the onset of any illness symptoms, or within

7 calendar days of the onset of jaundice;

P

or

(3) Diagnosed with an infection from hepatitis A virus without

developing symptoms.

P

diagnosed or reported

p

revious infection due to

S

. T

y

ph

i

(C) EXCLUDE a FOOD EMPLOYEE who is diagnosed with an infection

from Salmonella Typhi, or reports a previous infection with

Salmonella Typhi within the past 3 months as specified under

Subparagraph 2-201.11(A)(3).

P

diagnosed with an

asymptomatic infection

f

rom Norovirus

(D) If a FOOD EMPLOYEE is diagnosed with an infection from

Norovirus and is ASYMPTOMATIC:

(1) EXCLUDE the FOOD EMPLOYEE who works in a FOOD

ESTABLISHMENT

serving a HIGHLY SUSCEPTIBLE POPULATION;

P

or

(2) RESTRICT the FOOD EMPLOYEE who works in a FOOD

ESTABLISHMENT

not serving a HIGHLY SUSCEPTIBLE POPULATION.

P

diagnosed with Shigella

s

pp. infection and

asymptomatic

(E) If a FOOD EMPLOYEE is diagnosed with an infection from Shigella

spp. and is ASYMPTOMATIC:

(1) EXCLUDE the FOOD EMPLOYEE who works in a FOOD

ESTABLISHMENT

serving a HIGHLY SUSCEPTIBLE POPULATION;

P

or

(2) R

ESTRICT the FOOD EMPLOYEE who works in a FOOD

ESTABLISHMENT

not serving a HIGHLY SUSCEPTIBLE POPULATION.

P

diagnosed with EHEC

or STEC and

asymptomatic

(F) If a

FOOD EMPLOYEE is diagnosed with an infection from

ENTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING E. COLI, and is

ASYMPTOMATIC:

(1) E

XCLUDE the FOOD EMPLOYEE who works in a FOOD

ESTABLISHMENT

serving a HIGHLY SUSCEPTIBLE POPULATION;

P

or

Index 35

(2) RESTRICT the FOOD EMPLOYEE who works in a FOOD

ESTABLISHMENT

not serving a HIGHLY SUSCEPTIBLE POPULATION.

P

s

ymptomatic with sore

throat with fever

(G) If a

FOOD EMPLOYEE is ill with symptoms of acute onset of sore

throat with fever:

(1) E

XCLUDE the FOOD EMPLOYEE who works in a FOOD

ESTABLISHMENT

serving a HIGHLY SUSCEPTIBLE POPULATION;

P

or

(2) RESTRICT the FOOD EMPLOYEE who works in a FOOD

ESTABLISHMENT

not serving a HIGHLY SUSCEPTIBLE POPULATION.

P

s

ymptomatic with

uncovered infected

wound or pustular boil

(H) If a FOOD EMPLOYEE is infected with a skin lesion containing pus

such as a boil or infected wound that is open or draining and not

properly covered as specified under Subparagraph

2-201.11(A)(1)(e), RESTRICT the FOOD EMPLOYEE.

P

exposed to foodborne

p

athogen and works in

f

ood establishment

s

erving HS

P

(I) If a FOOD EMPLOYEE is exposed to a foodborne pathogen as specified

under Subparagraphs 2-201.11(A)(4) or (5), RESTRICT the FOOD

EMPLOYEE

who works in a FOOD ESTABLISHMENT serving a HIGHLY

SUSCEPTIBLE POPULATION

.

P

M

ana

g

in

g

E

xclusions and

R

estrictions

2-201.13 Removal, Adjustment, or Retention of

Exclusions and Restrictions.

The PERSON IN CHARGE shall adhere to the following conditions

when removing, adjusting, or retaining the EXCLUSION or

RESTRICTION of a FOOD EMPLOYEE:

(A) Except when a

FOOD EMPLOYEE is diagnosed with an infection from

hepatitis A virus or Salmonella Typhi:

removing exclusion for

f

ood employee who was

s

ymptomatic and not

diagnosed

(1) Reinstate a FOOD EMPLOYEE who was EXCLUDED as specified

under Subparagraph 2-201.12(A)(1) if the FOOD EMPLOYEE:

(a) Is

ASYMPTOMATIC for at least 24 hours;

P

or

(b) Provides to the

PERSON IN CHARGE written medical

documentation from a HEALTH PRACTITIONER that states the

symptom is from a noninfectious condition.

P

Index 36

N

orovirus diagnosis

adjusting exclusion for

f

ood employee who was

s

ymptomatic and is now

asymptomatic

(2) If a FOOD EMPLOYEE was diagnosed with an infection from

Norovirus and EXCLUDED as specified under Subparagraph

2-201.12(A)(2):

(a) RESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC for at

least 24 hours and works in a FOOD ESTABLISHMENT not

serving a HIGHLY SUSCEPTIBLE POPULATION, until the

conditions for reinstatement as specified under

Subparagraphs (D)(1) or (2) of this section are met;

P

or

retaining exclusion for

f

ood employee who was

asymptomatic and is

now asymptomatic and

works in food

establishment serving

H

S

P

(b) Retain the EXCLUSION for the FOOD EMPLOYEE, who is

ASYMPTOMATIC for at least 24 hours and works in a FOOD

ESTABLISHMENT

that serves a HIGHLY SUSCEPTIBLE

POPULATION

, until the conditions for reinstatement as

specified under Subparagraphs (D)(1) or (2) of this section

are met.

P

S

hi

g

ella spp. diagnosis

adjusting exclusion for

f

ood employee who was

s

ymptomatic and is now

asymptomatic

(3) If a FOOD EMPLOYEE was diagnosed with an infection from

Shigella spp. and EXCLUDED as specified under Subparagraph

2-201.12(A)(2):

(a) RESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC for at

least 24 hours and works in a FOOD ESTABLISHMENT not

serving a HIGHLY SUSCEPTIBLE POPULATION, until the

conditions for reinstatement as specified under

Subparagraphs (E)(1) or (2) of this section are met;

P

or

retaining exclusion for

f

ood employee who was

asymptomatic and is

now asymptomatic

(b) Retain the EXCLUSION for the FOOD EMPLOYEE, who is

ASYMPTOMATIC for at least 24 hours and works in a FOOD

ESTABLISHMENT

that serves a HIGHLY SUSCEPTIBLE

POPULATION

, until the conditions for reinstatement as

specified under Subparagraphs (E)(1) or (2) , or (E)(1) and

(3)(a) of this section are met.

P

E

HEC or STEC

diagnosis

(4) If a

FOOD EMPLOYEE was diagnosed with an infection from

ENTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING ESCHERICHIA

COLI

and EXCLUDED as specified under Subparagraph

2-201.12(A)(2):

adjusting exclusion for

f

ood employee who was

s

ymptomatic and is now

asymptomatic

(a) R

ESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC for at

least 24 hours and works in a FOOD ESTABLISHMENT not

serving a

HIGHLY SUSCEPTIBLE POPULATION, until the

conditions for reinstatement as specified under

Subparagraphs (F)(1) or (2) of this section are met;

P

or

Index 37

retaining exclusion for

f

ood employee who was

s

ymptomatic and is now

asymptomatic and works

in food establishment

s

erving HS

P

(b) Retain the EXCLUSION for the FOOD EMPLOYEE, who is

ASYMPTOMATIC for at least 24 hours and works in a FOOD

ESTABLISHMENT

that serves a HIGHLY SUSCEPTIBLE

POPULATION

, until the conditions for reinstatement as

specified under Subparagraphs (F)(1) or (2) are met.

P

hepatitis A virus or

j

aundice dia

g

nosis -

removing exclusions

(B) Reinstate a

FOOD EMPLOYEE who was EXCLUDED as specified under

¶ 2-201.12(B) if the

PERSON IN CHARGE obtains APPROVAL from the

REGULATORY AUTHORITY and one of the following conditions is met;

(1) The FOOD EMPLOYEE has been jaundiced for more than

7 calendar days;

P

(2) The anicteric

FOOD EMPLOYEE has been symptomatic with

symptoms other than jaundice for more than 14 calendar days;

P

or

(3) The FOOD EMPLOYEE provides to the PERSON IN CHARGE

written medical documentation from a HEALTH PRACTITIONER

stating that the FOOD EMPLOYEE is free of a hepatitis A virus

infection.

P

S

. T

y

phi dia

g

nosis -

removing exclusions

(C) Reinstate a FOOD EMPLOYEE who was EXCLUDED as specified under

¶ 2-201.12(C) if:

(1) The PERSON IN CHARGE obtains APPROVAL from the REGULATORY

AUTHORITY

;

P

and

(2) The FOOD EMPLOYEE provides to the PERSON IN CHARGE written

medical documentation from a

HEALTH PRACTITIONER

that states the FOOD EMPLOYEE is free from S. Typhi infection.

P

N

orovirus dia

g

nosis -

removing exclusion or

restriction

(D) Reinstate a

FOOD EMPLOYEE who was EXCLUDED as specified under

Subparagraphs 2-201.12(A)(2) or (D)(1) who was RESTRICTED under

Subparagraph 2-201.12(D)(2) if the PERSON IN CHARGE obtains

APPROVAL from the REGULATORY AUTHORITY and one of the

following conditions is met:

(1) The

EXCLUDED or RESTRICTED FOOD EMPLOYEE provides to

the PERSON IN CHARGE written medical documentation from a

HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free of

a Norovirus infection;

P

Index 38

(2) The FOOD EMPLOYEE was EXCLUDED or RESTRICTED after

symptoms of vomiting or diarrhea resolved, and more than 48

hours have passed since the FOOD EMPLOYEE became

ASYMPTOMATIC;

P

or

(3) The

FOOD EMPLOYEE was EXCLUDED or RESTRICTED and did not

develop symptoms and more than 48 hours have passed since

the FOOD EMPLOYEE was diagnosed.

P

S

hi

g

ella spp. dia

g

nosis -

removing exclusion or

restriction

(E) Reinstate a FOOD EMPLOYEE who was EXCLUDED as specified under

Subparagraphs 2-201.12(A)(2) or (E)(1) or who was RESTRICTED

under Subparagraph 2-201.12(E)(2) if the PERSON IN CHARGE obtains

APPROVAL from the REGULATORY AUTHORITY and one of the

following conditions is met:

(1) The EXCLUDED or RESTRICTED FOOD EMPLOYEE provides to

the PERSON IN CHARGE written medical documentation from a

HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free of

a Shigella spp. infection based on test results showing 2

consecutive negative stool specimen cultures that are taken:

(a) Not earlier than 48 hours after discontinuance of antibiotics,

P

and

(b) At least 24 hours apart;

P

(2) The FOOD EMPLOYEE was EXCLUDED or RESTRICTED after

symptoms of vomiting or diarrhea resolved, and more than 7

calendar days have passed since the FOOD EMPLOYEE became

ASYMPTOMATIC;

P

or

(3) The

FOOD EMPLOYEE was EXCLUDED or RESTRICTED and did

not develop symptoms and more than 7 calendar days have

passed since the

FOOD EMPLOYEE was diagnosed.

P

E

HEC or STEC

diagnosis - removing

exclusion or restriction

(F) Reinstate a FOOD EMPLOYEE who was EXCLUDED or RESTRICTED as

specified under Subparagraphs 2-201.12(A)(2) or (F)(1) or who

was

RESTRICTED under Subparagraph 2-201.12(F)(2) if the

PERSON IN CHARGE obtains APPROVAL from the REGULATORY

AUTHORITY

and one of the following conditions is met:

(1) The EXCLUDED or RESTRICTED FOOD EMPLOYEE provides to

the

PERSON IN CHARGE written medical documentation from a

HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free of an

infection from E

NTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING

ESCHERICHIA COLI based on test results that show 2 consecutive

negative stool specimen cultures that are taken:

Index 39

(a) Not earlier than 48 hours after discontinuance of antibiotics;

P

and

(b) At least 24 hours apart;

P

(2) The

FOOD EMPLOYEE was EXCLUDED or RESTRICTED after

symptoms of vomiting or diarrhea resolved and more than 7 calendar

days have passed since the FOOD EMPLOYEE became

ASYMPTOMATIC;

P

or

(3) The

FOOD EMPLOYEE was EXCLUDED or RESTRICTED and did not

develop symptoms and more than 7 days have passed since the FOOD

EMPLOYEE

was diagnosed.

P

s

ore throat with

f

ever -

removing exclusion or

restriction

(G) Reinstate a FOOD EMPLOYEE who was EXCLUDED or RESTRICTED as

specified under Subparagraphs 2-201.12(G)(1) or (2) if the FOOD

EMPLOYEE

provides to the PERSON IN CHARGE written medical

documentation from a HEALTH PRACTITIONER

stating that the FOOD EMPLOYEE meets one of the following conditions:

(1) Has received antibiotic therapy for Streptococcus

pyogenes infection for more than 24 hours;

P

(2) Has at least one negative throat specimen culture for

Streptococcus pyogenes infection;

P

or

(3) Is otherwise determined by a HEALTH PRACTITIONER to be

free of a Streptococcus pyogenes infection.

P

uncovered infected

wound or pustular boil -

removing restriction

(H) Reinstate a FOOD EMPLOYEE who was RESTRICTED as specified under

¶ 2-201.12(H) if the skin, infected wound, cut, or pustular boil is

properly covered with one of the following:

(1) An impermeable cover such as a finger cot or stall and a single-

use glove over the impermeable cover if the infected wound or

pustular boil is on the hand, finger, or wrist;

P

(2) An impermeable cover on the arm if the infected wound or

pustular boil is on the arm;

P

or

(3) A dry, durable, tight-fitting bandage if the infected wound or

pustular boil is on another part of the body.

P

exposure to foodborne

p

athogen and works in

f

ood establishment

(I) Reinstate a FOOD EMPLOYEE who was RESTRICTED as specified under

¶ 2-201.12(I) and was exposed to one of the following pathogens as

specified under Subparagraph 2-201.11(A)(4) or (5):

Index 40

s

erving HSP – removing

restriction

N

orovirus

(1) Norovirus and one of the following conditions is met:

(a) More than 48 hours have passed since the last day the

FOOD

EMPLOYEE

was potentially exposed;

P

or

(b) More than 48 hours have passed since the

FOOD EMPLOYEE’S

household contact became

ASYMPTOMATIC.

P

S

hi

g

ella spp., EHEC, or

S

TE

C

(2) Shigella spp. or E

NTEROHEMORRHAGIC or SHIGA TOXIN-

PRODUCING ESCHERICHIA COLI and one of the following

conditions is met:

(a) More than 3 calendar days have passed since the last day the

FOOD EMPLOYEE was potentially exposed;

P

or

(b) More than 3 calendar days have passed since the FOOD

EMPLOYEE

’S household contact became ASYMPTOMATIC.

P

S

. Typhi

(3) S. Typhi and one of the following conditions is met:

(a) More than 14 calendar days have passed since the last day

the FOOD EMPLOYEE was potentially exposed;

P

or

(b) More than 14 calendar days have passed since the FOOD

EMPLOYEE

’S household contact became ASYMPTOMATIC.

P

hepatitis A

(4)Hepatitis A virus and one of the following conditions is met:

(a) The

FOOD EMPLOYEE is immune to hepatitis A virus infection

because of a prior illness from hepatitis A;

P

(b) The

FOOD EMPLOYEE is immune to hepatitis A virus infection

because of vaccination against hepatitis A;

P

(c) The

FOOD EMPLOYEE is immune to hepatitis A virus infection

because of IgG administration;

P

(d) More than 30 calendar days have passed since the last day the

FOOD EMPLOYEE was potentially exposed;

P

Index 41

(e) More than 30 calendar days have passed since the FOOD

EMPLOYEE

’S household contact became jaundiced;

P

or

(f) The

FOOD EMPLOYEE does not use an alternative procedure that

allows bare hand contact with

READY-TO-EAT FOOD until at

least 30 days after the potential exposure, as specified in

Subparagraphs (I)(4)(d) and (e) of this section, and the FOOD

EMPLOYEE

receives additional training about:

(i) Hepatitis A symptoms and preventing the transmission of

infection,

P

(ii) Proper handwashing procedures,

P

and

(iii) Protecting READY-TO-EAT FOOD from contamination

introduced by bare hand contact.

P

2-3 PERSONAL CLEANLINESS

Subparts

2-301 Hands and Arms

2-302 Fingernails

2-303 Jewelry

2-304 Outer Clothing

H

ands and Arms

2-301.11 Clean Condition.

FOOD EMPLOYEES shall keep their hands and exposed portions of their

arms clean.

P

2-301.12 Cleaning Procedure.

(A) Except as specified in ¶ (D) of this section, FOOD EMPLOYEES shall

clean their hands and exposed portions of their arms, including surrogate

p

rosthetic devices for hands or arms for at least 20 seconds, using a

cleaning compound in a HANDWASHING SINK that is equipped as

specified under § 5-202.12 and Subpart 6-301.

P

(B) FOOD EMPLOYEES shall use the following cleaning procedure in the

order stated to clean their hands and exposed portions of their arms,

including surrogate prosthetic devices for hands and arms:

Index 42

(1) Rinse under clean, running warm water;

P

(2) Apply an amount of cleaning compound recommended by the

cleaning compound manufacturer;

P

(3) Rub together vigorously for at least 10 to 15 seconds while:

(a) Paying particular attention to removing soil from underneath

the fingernails during the cleaning procedure,

P

and

(b) Creating friction on the surfaces of the hands and arms or

surrogate prosthetic devices for hands and arms, finger tips, and

areas between the fingers;

P

(4) Thoroughly rinse under clean, running warm water;

P

and

(5) Immediately follow the cleaning procedure with thorough drying

using a method as specified under § 6-301.12.

P

(C) TO avoid recontaminating their hands or surrogate prosthetic

devices, FOOD EMPLOYEES may use disposable paper towels or similar

clean barriers when touching surfaces such as manually operated faucet

handles on a HANDWASHING SINK or the handle of a restroom door.

(D) If APPROVED and capable of removing the types of soils encountered

in the FOOD operations involved, an automatic handwashing facility may

be used by FOOD EMPLOYEES to clean their hands or surrogate prosthetic

devices.

2-301.13 Special Handwash Procedures.

Reserved.

2-301.14 When to Wash.

FOOD EMPLOYEES shall clean their hands and exposed portions of their

arms as specified under § 2-301.12 immediately before engaging in

FOOD preparation including working with exposed FOOD, clean

EQUIPMENT and UTENSILS, and unwrapped SINGLE-SERVICE and SINGLE-

USE ARTICLES

P

and:

(A) After touching bare human body parts other than clean hands

and clean, exposed portions of arms;

P

Index 43

(B) After using the toilet room;

P

(C) After caring for or handling SERVICE ANIMALS or aquatic animals as

specified in ¶ 2-403.11(B);

P

(D) Except as specified in ¶ 2-401.11(B), after coughing, sneezing,

using a handkerchief or disposable tissue, using tobacco, eating, or

drinking;

P

(E) After handling soiled EQUIPMENT or UTENSILS;

P

(F) During FOOD preparation, as often as necessary to remove soil

and contamination and to prevent cross contamination when

changing tasks;

P

(G) When switching between working with raw FOOD and working with

READY-TO-EAT FOOD;

P

(H) Before donning gloves for working with FOOD;

P

and

(I) After engaging in other activities that contaminate the hands.

P

2-301.15 Where to Wash.

FOOD EMPLOYEES shall clean their hands in a HANDWASHING SINK or

APPROVED automatic handwashing facility and may not clean their hands

in a sink used for FOOD preparation or WAREWASHING, or in a service

sink or a curbed cleaning facility used for the disposal of mop water and

similar liquid waste.

Pf

2-301.16 Hand Antiseptics.

(A) A hand antiseptic used as a topical application, a hand

antiseptic solution used as a hand dip, or a hand antiseptic soap

shall:

(1) Comply with one of the following:

(a) Be an

APPROVED drug that is listed in the FDA publication

Approved Drug Products with Therapeutic Equivalence

Evaluations as an

APPROVED drug based on safety and

effectiveness;

Pf

or

Index 44

(b) Have active antimicrobial ingredients that are listed in the

FDA monograph for OTC Health-Care Antiseptic Drug Products

as an antiseptic handwash,

Pf

and

(2) Comply with one of the following:

(a) Have components that are exempted from the requirement of

being listed in federal FOOD ADDITIVE regulations as specified in

21 CFR 170.39 - Threshold of regulation for substances used in

food-contact articles;

Pf

or

(b) Comply with and be listed in:

(i) 21 CFR 178 - Indirect Food Additives: Adjuvants, Production

Aids, and Sanitizers as regulated for use as a FOOD ADDITIVE

with conditions of safe use,

Pf

or

(ii) 21 CFR 182 - Substances Generally Recognized as Safe, 21

CFR 184 - Direct Food Substances Affirmed as Generally

Recognized as Safe, or 21 CFR 186 - Indirect Food

Substances Affirmed as Generally Recognized as Safe for use

in contact with food,

Pf

and

(3) Be applied only to hands that are cleaned as specified under

§ 2-301.12.

Pf

(B) If a hand antiseptic or a hand antiseptic solution used as a hand dip

does not meet the criteria specified under Subparagraph (A)(2) of this

section, use shall be:

(1) Followed by thorough hand rinsing in clean water before hand

contact with FOOD or by the use of gloves;

Pf

or

(2) Limited to situations that involve no direct contact with

FOOD by the

bare hands.

Pf

(C) A hand antiseptic solution used as a hand dip shall be maintained

clean and at a strength equivalent to at least 100 MG/L chlorine.

Pf

Fingernails 2-302.11 Maintenance.

(A) FOOD EMPLOYEES shall keep their fingernails trimmed, filed, and

maintained so the edges and surfaces are cleanable and not rough.

Pf

Index 45

(B) Unless wearing intact gloves in good repair, a FOOD EMPLOYEE may

not wear fingernail polish or artificial fingernails when working with

exposed FOOD.

Pf

J

ewelr

y

2-303.11 Prohibition.

Except for a plain ring such as a wedding band, while preparing FOOD,

FOOD EMPLOYEES may not wear jewelry including medical information

j

ewelry on their arms and hands.

Outer Clothing

2-304.11 Clean Condition.

FOOD EMPLOYEES shall wear clean outer clothing to prevent

contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-

SERVICE and SINGLE-USE ARTICLES.

2-4 HYGIENIC PRACTICES

Subparts

2-401 Food Contamination Prevention

2-402 Hair Restraints

2-403 Animals

Food

Contamination

P

revention

2-401.11 Eating, Drinking, or Using Tobacco.

(A) Except as specified in ¶ (B) of this section, an EMPLOYEE shall eat,

drink, or use any form of tobacco only in designated areas where the

contamination of exposed

FOOD; clean EQUIPMENT, UTENSILS, and

LINENS; unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES; or other

items needing protection can not result.

(B) A

FOOD EMPLOYEE may drink from a closed BEVERAGE container if

the container is handled to prevent contamination of:

(1) The

EMPLOYEE'S hands;

(2) The container; and

(3) Exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and

unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.

Index 46

2-401.12 Discharges from the Eyes, Nose, and Mouth.

FOOD EMPLOYEES experiencing persistent sneezing, coughing, or a runny

nose that causes discharges from the eyes, nose, or mouth may not work

with exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; or

unwrapped SINGLE-SERVICE or SINGLE-USE ARTICLES.

H

air Restraints

2-402.11 Effectiveness.

(A) Except as provided in ¶ (B) of this section, FOOD EMPLOYEES shall

wear hair restraints such as hats, hair coverings or nets, beard restraints,

and clothing that covers body hair, that are designed and worn to

effectively keep their hair from contacting exposed FOOD; clean

EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and

SINGLE-USE ARTICLES.

(B) This section does not apply to FOOD EMPLOYEES such as counter staf

f

who only serve BEVERAGES and wrapped or PACKAGED FOODS, hostesses,

and wait staff if they present a minimal RISK of contaminating exposed

F

OOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-

SERVICE and SINGLE-USE ARTICLES.

A

nimals

2-403.11 Handling Prohibition.

(A) Except as specified in ¶ (B) of this section, FOOD EMPLOYEES may

not care for or handle animals that may be present such as patrol dogs,

SERVICE ANIMALS, or pets that are allowed as specified in Subparagraphs

6-501.115(B)(2)-(5).

Pf

(B) FOOD EMPLOYEES with SERVICE ANIMALS may handle or care for their

SERVICE ANIMALS and FOOD EMPLOYEES may handle or care for FISH in

aquariums or MOLLUSCAN SHELLFISH or crustacea in display tanks if they

wash their hands as specified under § 2-301.12 and ¶ 2-301.14(C).

Index 4

7

Chapter

3 Food

Parts

3-1 CHARACTERISTICS

3-2 SOURCES, SPECIFICATIONS, AND ORIGINAL CONTAINERS

AND RECORDS

3-3 PROTECTION FROM CONTAMINATION AFTER RECEIVING

3-4 DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH CONCERN

3-5 LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC

HEALTH CONCERN

3-6 FOOD IDENTITY, PRESENTATION, AND ON-PREMISES

LABELING

3-7 CONTAMINATED FOOD

3-8 SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE

POPULATIONS

3-1 CHARACTERISTICS

Subparts

3-101 Condition

Condition

3-101.11 Safe, Unadulterated, and Honestly Presented.

FOOD shall be safe, unADULTERATED, and, as specified under

§ 3-601.12, honestly presented.

P

Index 48

3-2 SOURCES, SPECIFICATIONS, AND ORIGINAL

CONTAINERS AND RECORDS

Subparts

3-201 Sources

3-202 Specifications for Receiving

3-203 Original Containers and Records

Sources

3-201.11 Compliance with Food Law.

(A) FOOD shall be obtained from sources that comply with LAW.

P

(B) FOOD prepared in a private home may not be used or offered for

human consumption in a FOOD ESTABLISHMENT.

P

(C) PACKAGED FOOD shall be labeled as specified in LAW, including

21 CFR 101 FOOD Labeling, 9 CFR 317 Labeling, Marking Devices,

and Containers, and 9 CFR 381 Subpart N Labeling and Containers,

and as specified under §§ 3-202.17 and 3-202.18.

Pf

(D) FISH, other than those specified in paragraph 3-402.11(B), that

are intended for consumption in raw or undercooked form and

allowed as specified in Subparagraph 3-401.11(D), may be offered for

sale or service if they are obtained from a supplier that freezes the

FISH as specified under § 3-402.11; or if they are frozen on the

PREMISES as specified under § 3-402.11 and records are retained as

specified under § 3-402.12.

(E) WHOLE-MUSCLE, INTACT BEEF steaks that are intended for

consumption in an undercooked form without a CONSUMER advisory

as specified in ¶ 3-401.11(C) shall be:

(1) Obtained from a

FOOD PROCESSING PLANT that, upon request

by the purchaser, packages the steaks and labels them, to indicate

that the steaks meet the definition of

WHOLE-MUSCLE, INTACT

BEEF

,

Pf

or

(2) Deemed acceptable by the

REGULATORY AUTHORITY based on

other evidence, such as written buyer specifications or invoices,

that indicates that the steaks meet the definition of

WHOLE-

MUSCLE, INTACT BEEF,

Pf

and

(3) If individually cut in a FOOD ESTABLISHMENT:

Index 49

(a) Cut from WHOLE-MUSCLE INTACT BEEF that is labeled by a

FOOD PROCESSING PLANT as specified in Subparagraph (E)(1)

of this section or identified as specified in Subparagraph (E)(2)

of this section,

Pf

(b) Prepared so they remain intact,

P

f

and

(c) If

PACKAGED for undercooking in a FOOD ESTABLISHMENT,

labeled as specified in Subparagraph (E)(1) of this section or

identified as specified in (E)(2) of this section.

Pf

(F) MEAT and POULTRY that is not a READY-TO-EAT FOOD and is in a

PACKAGED form when it is offered for sale or otherwise offered for

consumption, shall be labeled to include safe handling instructions as

specified in

LAW, including 9 CFR 317.2(l) and 9 CFR 381.125(b).

(G) EGGS that have not been specifically treated to destroy all viable

Salmonellae shall be labeled to include safe handling instructions as

specified in LAW, including 21 CFR 101.17(h).

3-201.12 Food in a Hermetically Sealed Container.

FOOD in a HERMETICALLY SEALED CONTAINER shall be obtained from a

FOOD PROCESSING PLANT that is regulated by the FOOD regulatory

agency that has jurisdiction over the plant.

P

3-201.13 Fluid Milk and Milk Products.

Fluid milk and milk products shall be obtained from sources that

comply with GRADE A STANDARDS as specified in LAW.

P

3-201.14 Fish.

(A) FISH that are received for sale or service shall be:

(1) Commercially and legally caught or harvested;

P

or

(2) A

PPROVED for sale or service.

P

(B) M

OLLUSCAN SHELLFISH that are recreationally caught may not be

received for sale or service.

P

Index 50

3-201.15 Molluscan Shellfish.

(A) M

OLLUSCAN SHELLFISH shall be obtained from sources according

to

LAW and the requirements specified in the U.S. Department of

Health and Human Services, Public Health Service, Food and Drug

Administration, National Shellfish Sanitation Program Guide for the

Control of Molluscan Shellfish.

P

(B) MOLLUSCAN SHELLFISH received in interstate commerce shall be

from sources that are listed in the Interstate Certified Shellfish

Shippers List.

P

3-201.16 Wild Mushrooms.

(A) Except as specified in ¶ (B) of this section, mushroom species

picked in the wild shall be obtained from sources where each

mushroom is individually inspected and found to be safe by an

APPROVED mushroom identification expert.

P

(B) This section does not apply to:

(1) Cultivated wild mushroom species that are grown, harvested,

and processed in an operation that is regulated by the FOOD

regulatory agency that has jurisdiction over the operation; or

(2) Wild mushroom species if they are in packaged form and are

the product of a FOOD PROCESSING PLANT that is regulated by the

FOOD regulatory agency that has jurisdiction over the plant.

3-201.17 Game Animals.

(A) If

GAME ANIMALS are received for sale or service they shall

be:

(1) Commercially raised for

FOOD

P

and:

(a) Raised, slaughtered, and processed under a voluntary

inspection program that is conducted by the agency that has

animal health jurisdiction,

P

or

(b) Under a routine inspection program conducted by a

regulatory agency other than the agency that has animal health

jurisdiction,

P

and

Index 51

(c) Raised, slaughtered, and processed according to:

(i) L

AWS governing MEAT and POULTRY as determined by

the agency that has animal health jurisdiction and the

agency that conducts the inspection program,

P

and

(ii) Requirements which are developed by the agency that

has animal health jurisdiction and the agency that

conducts the inspection program with consideration of

factors such as the need for antemortem and postmortem

examination by an APPROVED veterinarian or

veterinarian’s designee;

P

(2) Under a voluntary inspection program administered by the

USDA for game animals such as exotic animals (reindeer, elk,

deer, antelope, water buffalo, or bison) that are "inspected and

APPROVED" in accordance with 9 CFR 352 Exotic animals;

voluntary inspection or rabbits that are "inspected and certified"

in accordance with 9 CFR 354 voluntary inspection of rabbits and

edible products thereof;

P

(3) As allowed by LAW, for wild GAME ANIMALS that are live-

caught:

(a) Under a routine inspection program conducted by a

regulatory agency such as the agency that has animal health

jurisdiction,

P

and

(b) Slaughtered and processed according to:

(i) L

AWS governing MEAT and POULTRY as determined

by the agency that has animal health jurisdiction and

the agency that conducts the inspection program,

P

and

(ii) Requirements which are developed by the agency that

has animal health jurisdiction and the agency that

conducts the inspection program with consideration of

factors such as the need for antemortem and postmortem

examination by an APPROVED veterinarian or

veterinarian’s designee;

P

or

(4) As allowed by

LAW, for field-dressed wild GAME ANIMALS

under a routine inspection program that ensures the animals:

(a) Receive a postmortem examination by an

APPROVED

Index 52

veterinarian or veterinarian's designee,

P

or

(b) Are field-dressed and transported according to

requirements specified by the agency that has animal

health jurisdiction and the agency that conducts the

inspection program,

P

and

(c) Are processed according to LAWS governing MEAT and

POULTRY as determined by the agency that has animal health

jurisdiction and the agency that conducts the inspection

program.

P

(B) A GAME ANIMAL may not be received for sale or service if it is a

species of wildlife that is listed in 50 CFR 17 Endangered and

threatened wildlife and plants.

S

peci

f

ications

f

or Receiving

3-202.11 Temperature.

(A) Except as specified in ¶ (B) of this section, refrigerated,

POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

) shall be at a temperature of 5

o

C (41

o

F) or below when

received.

P

(B) If a temperature other than 5°C (41°F) for a POTENTIALLY

H

AZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) is

s

pecified in LAW governing its distribution, such as LAWS governing milk

and MOLLUSCAN SHELLFISH, the FOOD may be received at the specified

temperature.

(C) Raw

EGGS shall be received in refrigerated equipment that maintains

an ambient air temperature of 7

o

C (45

o

F) or less.

P

(D) POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

) that is cooked to a temperature and for a time specified

under §§ 3-401.11 - 3-401.13 and received hot shall be at a temperature

of 57

o

C (135

o

F) or above.

P

(E) A

FOOD that is labeled frozen and shipped frozen by a FOOD

PROCESSING PLANT

shall be received frozen.

Pf

(F) Upon receipt,

POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

) shall be free of evidence of previous

temperature abuse.

Pf

Index 53

3-202.12 Additives.

FOOD may not contain unAPPROVED FOOD ADDITIVES or ADDITIVES that

exceed amounts specified in 21 CFR 170-180 relating to

FOOD

ADDITIVES

, generally recognized as safe or prior sanctioned substances

that exceed amounts specified in 21 CFR 181-186, substances that

exceed amounts specified in 9 CFR Subpart C Section 424.21(b) Food

ingredients and sources of radiation, or pesticide residues that exceed

p

rovisions specified in 40 CFR 180 Tolerances for pesticides chemicals

in food, and exceptions.

P

3-202.13 Eggs.

EGGS shall be received clean and sound and may not exceed the

restricted EGG tolerances for U.S. Consumer Grade B as specified in

United States Standards, Grades, and Weight Classes for Shell Eggs,

AMS 56.200 et seq., administered by the Agricultural Marketing Service

of USDA.

P

3-202.14 Eggs and Milk Products, Pasteurized.

(A) EGG PRODUCTS shall be obtained pasteurized.

P

(B) Fluid and dry milk and milk products shall:

(1) Be obtained pasteurized;

P

and

(2) Comply with GRADE A STANDARDS as specified in LAW.

P

(C) Frozen milk products, such as ice cream, shall be obtained

p

asteurized as specified in 21 CFR 135 - Frozen desserts.

P

(D) Cheese shall be obtained pasteurized unless alternative procedures

to pasteurization are specified in the CFR, such as 21 CFR 133 -

Cheeses and related cheese products, for curing certain cheese

varieties.

P

3-202.15 Package Integrity.

FOOD packages shall be in good condition and protect the integrity of the

contents so that the

FOOD is not exposed to ADULTERATION or potential

contaminants.

Pf

Index 54

3-202.16 Ice.

Ice for use as a

FOOD or a cooling medium shall be made from DRINKING

WATER

.

P

3-202.17 Shucked Shellfish, Packaging and Identification.

(A) Raw SHUCKED SHELLFISH shall be obtained in nonreturnable

p

ackages which bear a legible label that identifies the:

Pf

(1) Name, address, and CERTIFICATION NUMBER of the shucker, packer

or repacker of the

MOLLUSCAN SHELLFISH;

Pf

and

(2) The "sell by" or "best if used by" date for packages with a

capacity of less than 1.89 L (one-half gallon) or the date shucked for

packages with a capacity of 1.89 L (one-half gallon) or more.

Pf

(B) A package of raw SHUCKED SHELLFISH that does not bear a label or

which bears a label which does not contain all the information as

specified under ¶ (A) of this section shall be subject to a hold order, as

allowed by LAW, or seizure and destruction in accordance with

21 CFR Subpart D - Specific Administrative Decisions Regarding

Interstate Shipments, Section 1240.60(d) Molluscan shellfish.

3-202.18 Shellstock Identification.

(A) SHELLSTOCK shall be obtained in containers bearing legible source

identification tags or labels that are affixed by the

harvester or

DEALER that depurates, ships, or reships the SHELLSTOCK, as

specified in the National Shellfish Sanitation Program Guide for the

Control of Molluscan Shellfish, and that list:

Pf

(1) Except as specified under ¶ (C) of this section, on the harvester's tag

or label, the following information in the following order:

Pf

(a) The harvester's identification number that is assigned by the

SHELLFISH CONTROL AUTHORITY,

Pf

(b) The date of harvesting,

P

f

(c) The most precise identification of the harvest location or

aquaculture site that is practicable based on the system of

harvest area designations that is in use by the

SHELLFISH

Index 55

CONTROL AUTHORITY and including the abbreviation of the name

of the state or country in which the shellfish are harvested,

Pf

(d) The type and quantity of shellfish,

P

f

and

(e) The following statement in bold, capitalized type: "This

tag is required to be attached until container is empty or

retagged and thereafter kept on file for 90 days”;

Pf

and

(2) Except as specified in ¶ (D) of this section, on each DEALER'S tag or

label, the following information in the following order:

Pf

(a) The DEALER'S name and address, and the CERTIFICATION

NUMBER

assigned by the SHELLFISH CONTROL AUTHORITY,

Pf

(b) The original shipper's

CERTIFICATION NUMBER including the

abbreviation of the name of the state or country in which the

shellfish are harvested,

Pf

(c) The same information as specified for a harvester's tag

under Subparagraphs (A)(1)(b)-(d) of this section,

Pf

and

(d) The following statement in bold, capitalized type: "This tag

is required to be attached until container is empty and thereafter

kept on file for 90 days."

Pf

(B) A container of SHELLSTOCK that does not bear a tag or label or that

bears a tag or label that does not contain all the information as specified

under ¶ (A) of this section shall be subject to a hold order, as allowed by

LAW, or seizure and destruction in accordance with 21 CFR Subpart D -

Specific Administrative Decisions Regarding Interstate Shipments,

Section 1240.60(d).

(C) If a place is provided on the harvester's tag or label for a

DEALER's

name, address, and CERTIFICATION NUMBER, the DEALER's information

shall be listed first.

(D) If the harvester's tag or label is designed to accommodate each

D

EALER's identification as specified under Subparagraphs (A)(2)(a) and

(b) of this section, individual

DEALER tags or labels need not be

p

rovided.

3-202.19 Shellstock, Condition.

When received by a FOOD ESTABLISHMENT, SHELLSTOCK shall be

Index 56

reasonably free of mud, dead shellfish, and shellfish with broken shells.

Dead shellfish or SHELLSTOCK with badly broken shells shall be

discarded.

3-202.110 Juice Treated.

Commercially

P

rocessed

Pre-PACKAGED JUICE shall:

(A) Be obtained from a processor with a HACCP system as specified in

21 CFR Part 120 Hazard Analysis and Critical Control (HACCP)

Systems;

Pf

and

(B) Be obtained pasteurized or otherwise treated to attain a 5-log

reduction of the most resistant microorganism of public health

significance as specified in 21 CFR Part 120.24 Process Controls.

P

3-203.11 Molluscan Shellfish, Original Container.

(A) Except as specified in ¶¶ (B) - (D) of this section, MOLLUSCAN

SHELLFISH

may not be removed from the container in which they are

received other than immediately before sale or preparation for service.

Original

Containers and

R

ecords

(B) For display purposes, SHELLSTOCK may be removed from the

container in which they are received, displayed on drained ice, or held

in a display container, and a quantity specified by a CONSUMER may be

removed from the display or display container and provided to the

CONSUMER if:

(1) The source of the

SHELLSTOCK on display is identified as specified

under § 3-202.18 and recorded as specified under § 3-203.12; and

(2) The SHELLSTOCK are protected from contamination.

(C) SHUCKED SHELLFISH may be removed from the container in which

they were received and held in a display container from which

individual servings are dispensed upon a

CONSUMER'S request if:

(1) The labeling information for the shellfish on display as specified

under § 3-202.17 is retained and correlated to the date when, or

dates during which, the shellfish are sold or served; and

(2) The shellfish are protected from contamination.

(D) S

HUCKED SHELLFISH may be removed from the container in which

Index 5

7

they were received and repacked in CONSUMER self service containers

where allowed by LAW if:

(1) The labeling information for the shellfish is on each

CONSUMER self

service container as specified under § 3-202.17 and ¶¶ 3-602.11(A)

and (B)(1) - (5);

(2) The labeling information as specified under § 3-202.17 is retained

and correlated with the date when, or dates during which, the

shellfish are sold or served;

(3) The labeling information and dates specified under

Subparagraph (D)(2) of this section are maintained for 90 days; and

(4) The shellfish are protected from contamination.

3-203.12 Shellstock, Maintaining Identification.

(A) Except as specified under Subparagraph (C) (2) of this section,

SHELLSTOCK tags or labels shall remain attached to the container in

which the SHELLSTOCK are received until the container is empty.

Pf

(B) The date when the last SHELLSTOCK from the container is sold or

served shall be recorded on the tag or label.

Pf

(C) The identity of the source of SHELLSTOCK that are sold or served

shall be maintained by retaining SHELLSTOCK tags or labels for 90

calendar days from the date that is recorded on the tag or label, as

specified under ¶ B of this section, by:

Pf

(1) Using an

APPROVED record keeping system that keeps the tags or

labels in chronological order correlated to the date that is recorded

on the tag or label, as specified under ¶ B of this section;

Pf

and

(2) If

SHELLSTOCK are removed from its tagged or labeled container:

(a) Preserving source identification by using a

record keeping system as specified under

Subparagraph (C)(1) of this section,

Pf

and

(b) Ensuring that

SHELLSTOCK from one tagged or labeled

container are not

COMMINGLED with SHELLSTOCK from another

container with different

CERTIFICATION NUMBERS; different

harvest dates; or different growing areas as identified on the tag

Index 58

or label before being ordered by the CONSUMER.

P

f

3-3 PROTECTION FROM CONTAMINATION AFTER RECEIVING

Subparts

3-301 Preventing Contamination by Employees

3-302 Preventing Food and Ingredient Contamination

3-303 Preventing Contamination from Ice Used as a

Coolant

3-304 Preventing Contamination from Equipment,

3-305 Preventing Contamination from the Premises

3-306 Preventing Contamination by Consumers

3-307 Preventing Contamination from Other

Sources

P

reventin

g

Contamination

by Employees

3-301.11 Preventing Contamination from Hands.

(A) FOOD EMPLOYEES shall wash their hands as specified under

§ 2-301.12.

(B) Except when washing fruits and vegetables as specified under

§ 3-302.15 or as specified in ¶ (D) of this section, FOOD EMPLOYEES

may not contact exposed, READY-TO-EAT FOOD with their bare hands

and shall use suitable UTENSILS such as deli tissue, spatulas, tongs,

single-use gloves, or dispensing EQUIPMENT.

P

(C) F

OOD EMPLOYEES shall minimize bare hand and arm contact with

exposed

FOOD that is not in a READY-TO-EAT form.

Pf

(D) F

OOD EMPLOYEES not serving a HIGHLY SUSCEPTIBLE POPULATION

may contact exposed,

READY-TO-EAT FOOD with their bare hands if:

(1) The PERMIT HOLDER obtains prior APPROVAL from the

REGULATORY AUTHORITY;

(2) Written procedures are maintained in the FOOD ESTABLISHMENT

and made available to the REGULATORY AUTHORITY upon request that

include:

(a) For each bare hand contact procedure, a listing of the

specific READY-TO-EAT FOODS that are touched by bare hands,

(b) Diagrams and other information showing that handwashing

Index 59

facilities, installed, located, equipped, and maintained as

specified under §§ 5-203.11, 5-204.11, 5-205.11, 6-301.11, 6-

301.12, and 6-301.14, are in an easily accessible location and

in close proximity to the work station where the bare hand

contact procedure is conducted;

(3) A written EMPLOYEE health policy that details how the FOOD

ESTABLISHMENT

complies with §§ 2-201.11, 2-201.12, and 2-201.13

including:

(a) Documentation that FOOD EMPLOYEES and CONDITIONAL

EMPLOYEES

acknowledge that they are informed to report

information about their health and activities as they relate to

gastrointestinal symptoms and diseases that are transmittable

through FOOD as specified under ¶ 2-201.11(A),

(b) Documentation that FOOD EMPLOYEES and CONDITIONAL

EMPLOYEES

acknowledge their responsibilities as specified

under ¶ 2-201.11(E) and (F), and

(c) Documentation that the PERSON IN CHARGE acknowledges the

responsibilities as specified under ¶¶ 2-201.11(B), (C) and (D),

and §§ 2-201.12 and 2-201.13;

(4) Documentation that FOOD EMPLOYEES acknowledge that they

have received training in:

(a) The RISKS of contacting the specific READY-TO-EAT FOODS with

bare hands,

(b) Proper handwashing as specified under § 2-301.12,

(c) When to wash their hands as specified under § 2-301.14,

(d) Where to wash their hands as specified under § 2-301.15,

(e) Proper fingernail maintenance as specified under

§ 2-302.11,

(f) Prohibition of jewelry as specified under § 2-303.11, and

(g) Good hygienic practices as specified under §§2-401.11 and

2-401.12;

(5) Documentation that hands are washed before FOOD preparation

and as necessary to prevent cross contamination by

FOOD

Index 60

EMPLOYEES as specified under §§ 2-301.11, 2-301.12, 2-301.14, and

2-301.15 during all hours of operation when the specific READY-TO-EAT

FOODS are prepared;

(6) Documentation that FOOD EMPLOYEES contacting READY-TO-EAT

FOOD with bare hands use two or more of the following control

measures to provide additional safeguards to HAZARDS associated

with bare hand contact:

(a) Double handwashing,

(b) Nail brushes,

(c) A hand antiseptic after handwashing as specified under

§ 2-301.16,

(d) Incentive programs such as paid sick leave that assist or

encourage FOOD EMPLOYEES not to work when they are ill, or

(e) Other control measures APPROVED by the REGULATORY

AUTHORITY

; and

(7) Documentation that corrective action is taken when

Subparagraphs (D)(1) - (6) of this section are not followed.

3-301.12 Preventing Contamination When Tasting.

A FOOD EMPLOYEE may not use a UTENSIL more than once to taste FOOD

that is to be sold or served.

P

reventin

g

Food

and Ingredient

Contamination

3-302.11 Packaged and Unpackaged Food - Separation,

Packaging, and Segregation.

(A)

FOOD shall be protected from cross contamination by:

(1) Except as specified in (1)(c) below, separating raw animal

FOODS during storage, preparation, holding, and display from:

(a) Raw READY-TO-EAT FOOD including other raw animal FOOD such

as

FISH for sushi or MOLLUSCAN SHELLFISH, or other raw

READY-TO-EAT FOOD such as fruits and vegetables,

P

and

(b) Cooked READY-TO-EAT FOOD;

P

Index 61

(c) Frozen, commercially processed and packaged raw animal

FOOD may be stored or displayed with or above frozen,

commercially processed and packaged, ready-to-eat food.

(2) Except when combined as ingredients, separating types of raw

animal FOODS from each other such as beef, FISH, lamb, pork, and

POULTRY during storage, preparation, holding, and display by:

(a) Using separate

EQUIPMENT for each type,

P

or

(b) Arranging each type of

FOOD in EQUIPMENT so that cross

contamination of one type with another is prevented,

P

and

(c) Preparing each type of

FOOD at different times or in separate

areas;

P

(3) Cleaning EQUIPMENT and UTENSILS as specified under ¶ 4-602.11(A)

and SANITIZING as specified under § 4-703.11;

(4) Except as specified under Subparagraph 3-501.15(B)(2) and in ¶ (B)

of this section, storing the FOOD in packages, covered containers, or

wrappings;

(5) Cleaning HERMETICALLY SEALED CONTAINERS of FOOD of visible

soil before opening;

(6) Protecting FOOD containers that are received packaged together in a

case or overwrap from cuts when the case or overwrap is opened;

(7) Storing damaged, spoiled, or recalled FOOD being held in the FOOD

ESTABLISHMENT as specified under § 6-404.11; and

(8) Separating fruits and vegetables, before they are washed as specified

under § 3-302.15 from READY-TO-EAT FOOD.

(B) Subparagraph (A)(4) of this section does not apply to:

(1) Whole, uncut, raw fruits and vegetables and nuts in the shell, that

require peeling or hulling before consumption;

(2) PRIMAL CUTS, quarters, or sides of raw MEAT or slab bacon that are

hung on clean,

SANITIZED hooks or placed on clean, SANITIZED

racks;

(3) Whole, uncut, processed MEATS such as country hams, and smoked

or cured sausages that are placed on clean,

SANITIZED racks;

Index 62

(4) FOOD being cooled as specified under Subparagraph

3-501.15(B)(2); or

(5) SHELLSTOCK.

3-302.12 Food Storage Containers, Identified with Common

Name of Food.

E

xcept for containers holding FOOD that can be readily and

unmistakably recognized such as dry pasta, working containers holding

FOOD or FOOD ingredients that are removed from their original packages

for use in the

FOOD ESTABLISHMENT, such as cooking oils, flour, herbs,

p

otato flakes, salt, spices, and sugar shall be identified with the

common name of the FOOD.

3-302.13 Pasteurized Eggs, Substitute for Raw Eggs for

Certain Recipes.

Pasteurized EGGS or EGG PRODUCTS shall be substituted for raw EGGS in

the preparation of FOODS such as Caesar salad,

hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog, ice

cream, and EGG-fortified BEVERAGES that are not:

P

(A) Cooked as specified under Subparagraphs

3-401.11(A)(1) or (2);

P

or

(B) Included in ¶ 3-401.11(D).

P

3-302.14 Protection from Unapproved Additives.

(A) F

OOD shall be protected from contamination that may result from

the addition of, as specified in § 3-202.12:

(1) Unsafe or un

APPROVED FOOD or COLOR ADDITIVES;

P

and

(2) Unsafe or un

APPROVED levels of APPROVED FOOD and COLOR

ADDITIVES

.

P

(B) A

FOOD EMPLOYEE may not:

(1) Apply sulfiting agents to fresh fruits and vegetables intended for

raw consumption or to a

FOOD considered to be a good source of

Index 63

vitamin B

1

;

P

or

(2) Except for grapes, serve or sell FOOD specified under Subparagraph

(B)(1) of this section that is treated with sulfiting agents before

receipt by the FOOD ESTABLISHMENT.

P

3-302.15 Washing Fruits and Vegetables.

(A) Except as specified in ¶ (B) of this section and except for whole,

raw fruits and vegetables that are intended for washing by the

CONSUMER before consumption, raw fruits and vegetables shall be

thoroughly washed in water to remove soil and other contaminants

before being cut, combined with other ingredients, cooked, served, or

offered for human consumption in READY-TO-EAT form.

(B) Fruits and vegetables may be washed by using chemicals as

s

pecified under §

7

-204.12.

P

reventin

g

Contamination

f

rom Ice Used

as a Coolant

3-303.11 Ice Used as Exterior Coolant, Prohibited as

Ingredient.

After use as a medium for cooling the exterior surfaces of FOOD such as

melons or FISH, PACKAGED FOODS such as canned BEVERAGES, or

cooling coils and tubes of EQUIPMENT, ice may not be used as FOOD.

P

3-303.12 Storage or Display of Food in Contact with Water or

Ice.

(A) P

ACKAGED FOOD may not be stored in direct contact with ice or

water if the

FOOD is subject to the entry of water because of the nature

of its packaging, wrapping, or container or its positioning in the ice or

water.

((B) Except as specified in ¶¶ (C) and (D) of this section, unPACKAGED

FOOD may not be stored in direct contact with undrained ice.

(C) Whole, raw fruits or vegetables; cut, raw vegetables such as celery

or carrot sticks or cut potatoes; and tofu may be immersed in ice or

water.

(D) Raw poultry and raw

FISH that are received immersed in ice in

s

hipping containers may remain in that condition while in storage

awaiting preparation, display, service, or sale.

Index 64

P

reventin

g

Contamination

f

rom Equipment,

Utensils, and

L

inens

3-304.11 Food Contact with Equipment and Utensils.

FOOD shall only contact surfaces of:

(A) EQUIPMENT and UTENSILS that are cleaned as specified under Part

4-6 of this Code and SANITIZED as specified under Part 4-7 of this

Code;

P

or

(B) S

INGLE-SERVICE and SINGLE-USE ARTICLES.

P

3-304.12 In-Use Utensils, Between-Use Storage.

During pauses in FOOD preparation or dispensing, FOOD preparation and

dispensing UTENSILS shall be stored:

(A) Except as specified under ¶ (B) of this section, in the FOOD with

their handles above the top of the FOOD and the container;

(B) In FOOD that is not POTENTIALLY HAZARDOUS (TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

) with their handles above the top of the

FOOD within containers or

EQUIPMENT that can be closed, such as bins of sugar, flour, or

cinnamon;

(C) On a clean portion of the FOOD preparation table or cooking

EQUIPMENT only if the in-use UTENSIL and the FOOD-CONTACT

surface of the FOOD preparation table or cooking EQUIPMENT are

cleaned and

SANITIZED at a frequency specified under §§ 4-602.11

and 4-702.11;

(D) In running water of sufficient velocity to flush particulates to the

drain, if used with moist FOOD such as ice cream or mashed

potatoes;

(E) In a clean, protected location if the

UTENSILS, such as ice scoops,

are used only with a

FOOD that is not POTENTIALLY HAZARDOUS

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD); or

(F) In a container of water if the water is maintained at a temperature of

at least 57

o

C (135

o

F) and the container is cleaned at a frequency

specified under Subparagraph

4-602.11(D)(7).

Index 65

3-304.13 Linens and Napkins, Use Limitation.

L

INENS and napkins may not be used in contact with FOOD unless they

are used to line a container for the service of FOODS and the LINENS and

napkins are replaced each time the container is refilled for a new

CONSUMER.

3-304.14 Wiping Cloths, Use Limitation.

(A) Cloths in-use for wiping FOOD spills from TABLEWARE and carry-

out containers that occur as FOOD is being served shall be:

(1) Maintained dry; and

(2) Used for no other purpose.

(B) Cloths in-use for wiping counters and other EQUIPMENT surfaces

shall be:

(1) Held between uses in a chemical sanitizer solution at a

concentration specified under § 4-501.114; and

(2) Laundered daily as specified under ¶ 4-802.11(D).

(C) Cloths in-use for wiping surfaces in contact with raw animal FOODS

shall be kept separate from cloths used for other purposes.

(D) Dry wiping cloths and the chemical sanitizing solutions specified

in Subparagraph (B)(1) of this section in which wet wiping cloths are

held between uses shall be free of

FOOD debris and visible soil.

(E) Containers of chemical sanitizing solutions specified in

Subparagraph (B)(1) of this section in which wet wiping cloths are held

between uses shall be stored off the floor and used in a manner that

p

revents conta

m

ination of FOOD, EQUIPMENT, UTENSILS, LINENS, SINGLE-

SERVICE, or SINGLE-USE ARTICLES.

(F) S

INGLE-USE disposable sanitizer wipes shall be used in accordance

with EPA-approved manufacturer’s label use instructions.

Index 66

3-304.15 Gloves, Use Limitation.

(A) If used, SINGLE-USE gloves shall be used for only one task such as

working with

READY-TO-EAT FOOD or with raw animal FOOD, used for

no other purpose, and discarded when damaged or soiled, or when

interruptions occur in the operation.

P

(B) Except as specified in ¶ (C) of this section, slash-resistant gloves

that are used to protect the hands during operations requiring cutting

shall be used in direct contact only with FOOD that is subsequently

cooked as specified under Part 3-4 such as frozen FOOD or a PRIMAL

CUT

of MEAT.

(C) Slash-resistant gloves may be used with

READY-TO-EAT FOOD that

will not be subsequently cooked if the slash-resistant gloves have a

SMOOTH, durable, and nonabsorbent outer surface; or if

the slash-resistant gloves are covered with a SMOOTH, durable,

nonabsorbent glove, or a SINGLE-USE glove.

(D) Cloth gloves may not be used in direct contact with FOOD unless

the FOOD is subsequently cooked as required under Part 3-4 such as

f

rozen FOOD or a PRIMAL CUT of MEAT.

3-304.16 Using Clean Tableware for Second Portions and

Refills.

(A) Except for refilling a CONSUMER’S drinking cup or container

without contact between the pouring UTENSIL and the lip-contact area o

f

the drinking cup or container, FOOD EMPLOYEES may not use

TABLEWARE, including SINGLE-SERVICE ARTICLES, soiled by the

CONSUMER, to provide second portions or refills.

(B) Except as specified in ¶ (C) of this section, self-service CONSUMERS

may not be allowed to use soiled TABLEWARE, including SINGLE-

SERVICE ARTICLES, to obtain additional FOOD from the display and

serving

EQUIPMENT.

(C) Drinking cups and containers may be reused by self-service

CONSUMERS if refilling is a contamination-free process as specified

under ¶¶ 4-204.13(A), (B), and (D).

Index 67

3-304.17 Refilling Returnables.

(A) A take-home FOOD container returned to a FOOD ESTABLISHMENT

may not be refilled at a

FOOD ESTABLISHMENT with a POTENTIALLY

HAZARDOUS

FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD).

(B) Except as specified in ¶ (C), a take-home FOOD container refilled

with FOOD that is not POTENTIALLY HAZARDOUS (TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

) shall be cleaned as specified under ¶

4-603.17(B).

(C) Personal take-out

BEVERAGE containers, such as thermally insulated

bottles, nonspill coffee cups, and promotional BEVERAGE glasses, may

be refilled by EMPLOYEES or the CONSUMER if refilling is a

contamination-free process as specified under ¶¶ 4-204.13(A), (B), and

(D).

P

reventin

g

Contamination

f

rom the Premises

3-305.11 Food Storage.

(A) Except as specified in ¶¶ (B) and (C) of this section, FOOD shall be

p

rotected from contamination by storing the FOOD:

(1) In a clean, dry location;

(2) Where it is not exposed to splash, dust, or other contamination;

and

(3) At least 15 cm (6 inches) above the floor.

(B) F

OOD in packages and working containers may be stored less than

15 cm (6 inches) above the floor on case lot handling EQUIPMENT as

s

pecified under § 4-204.122.

(C) Pressurized

BEVERAGE containers, cased FOOD in waterproof

containers such as bottles or cans, and milk containers in plastic

crates may be stored on a floor that is clean and not exposed to floor

moisture.

3-305.12 Food Storage, Prohibited Areas.

F

OOD may not be stored:

(A) In locker rooms;

Index 68

(B) In toilet rooms;

(C) In dressing rooms;

(D) In garbage rooms;

(E) In mechanical rooms;

(F) Under sewer lines that are not shielded to intercept potential

drips;

(G) Under leaking water lines, including leaking automatic fire

sprinkler heads, or under lines on which water has condensed;

(H) Under open stairwells; or

(I) Under other sources of contamination.

3-305.13 Vended Potentially Hazardous Food

(Time/Temperature Control for Safety Food),

Original Container.

POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

) dispensed through a VENDING MACHINE shall be in the

PACKAGE in which it was placed at the FOOD ESTABLISHMENT or FOOD

PROCESSING PLANT

at which it was prepared.

3-305.14 Food Preparation.

During preparation, un

PACKAGED FOOD shall be protected from

environmental sources of contamination.

P

reventin

g

Contamination

by Consumers

3-306.11 Food Display.

E

xcept for nuts in the shell and whole, raw fruits and vegetables that

are intended for hulling, peeling, or washing by the CONSUMER before

consumption,

FOOD on display shall be protected from contamination by

the use of PACKAGING; counter, service line, or salad bar FOOD guards;

display cases; or other effective means.

P

Index 69

3-306.12 Condiments, Protection.

(A) Condiments shall be protected from contamination by being kept in

dispensers that are designed to provide protection, protected

FOOD

displays provided with the proper

UTENSILS, original containers

designed for dispensing, or individual PACKAGES or portions.

(B) Condiments at a VENDING MACHINE LOCATION shall be in individual

PACKAGES or provided in dispensers that are filled at an APPROVED

location, such as the

FOOD ESTABLISHMENT that provides FOOD to the

VENDING MACHINE LOCATION, a FOOD PROCESSING PLANT that is

regulated by the agency that has jurisdiction over the operation, or a

p

roperly equipped facility that is located on the site of the VENDING

MACHINE

LOCATION.

3-306.13 Consumer Self-Service Operations.

(A) Raw, un

PACKAGED animal FOOD, such as beef, lamb, pork,

POULTRY, and FISH may not be offered for CONSUMER self-service.

P

This paragraph does not apply to:

(1) CONSUMER self-service of READY-TO-EAT FOODS at buffets or

salad bars that serve FOODS such as sushi or raw shellfish;

(2) Ready-to-cook individual portions for immediate cooking and

consumption on the PREMISES such as CONSUMER-cooked MEATS or

CONSUMER-selected ingredients for Mongolian barbecue; or

(3) Raw, frozen, shell-on shrimp, or lobster.

(B) C

ONSUMER self-service operations for READY-TO-EAT FOODS shall

be provided with suitable

UTENSILS or effective dispensing methods that

p

rotect the FOOD from contamination.

Pf

(C) CONSUMER self-service operations such as buffets and salad bars

shall be monitored by

FOOD EMPLOYEES trained in safe operating

p

rocedures.

Pf

3-306.14 Returned Food and Re-Service of Food.

(A) Except as specified in ¶ (B) of this section, after being served or

sold and in the possession of a

CONSUMER, FOOD that is unused or

returned by the

CONSUMER may not be offered as FOOD for human

consumption.

P

Index 70

(B) Except as specified under ¶ 3-801.11(G), a container of FOOD that

is not POTENTIALLY HAZARDOUS (TIME/TEMPERATURE CONTROL FOR SAFET

Y

F

OOD) may be RE-SERVED from one CONSUMER to another if:

(1) The FOOD is dispensed so that it is protected from contamination

and the container is closed between uses, such as a narrow-neck

bottle containing catsup, steak sauce, or wine; or

(2) The FOOD, such as crackers, salt, or pepper, is in an unopened

original PACKAGE and is maintained in sound condition.

P

reventin

g

Contamination

f

rom Other

S

ources

3-307.11 Miscellaneous Sources of Contamination.

FOOD shall be protected from contamination that may result from a

factor or source not specified under Subparts 3-301 - 3-306.

3-4 DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH CONCERN

Subparts

3-401 Cooking

3-402 Freezing

3-403 Reheating

3-404 Other Methods

Cooking 3-401.11 Raw Animal Foods.

(A) Except as specified under ¶ (B) and in ¶¶ (C) and (D) of this

section, raw animal

FOODS such as EGGS, FISH, MEAT, POULTRY, and

FOODS containing these raw animal FOODS, shall be cooked to heat all

p

arts of the FOOD to a temperature and for a time that complies with one

of the following methods based on the FOOD that is being cooked:

(1) 63

o

C (145

o

F) or above for 15 seconds for:

P

(a) Raw

EGGS that are broken and prepared in response to a

CONSUMER'S order and for immediate service,

P

and

(b) Except as specified under Subparagraphs (A)(2) and (A)(3)

and ¶ (B), and in ¶ (C) of this section, FISH and MEAT including

GAME ANIMALS commercially raised for FOOD as specified under

Subparagraph 3-201.17(A)(1) and

GAME ANIMALS under a

Index 71

voluntary inspection program as specified under Subparagraph

3-201.17(A)(2);

P

(2) 68

o

C (155

o

F) for 15 seconds or the temperature specified in the

following chart that corresponds to the holding time for

RATITES,

MECHANICALLY TENDERIZED

, and INJECTED MEATS; the following i

f

they are COMMINUTED: FISH, MEAT, GAME ANIMALS commercially

raised for FOOD as specified under Subparagraph 3-201.17(A)(1),

and

GAME ANIMALS under a voluntary inspection program as

specified under Subparagraph 3-201.17(A)(2); and raw

EGGS that

are not prepared as specified under Subparagraph (A)(1)(a) of this

section:

P

Minimum

Temperature Time

o

C (

o

F)

63 (145) 3 minutes

66 (150) 1 minute

70 (158) < 1 second (instantaneous)

;or

(3) 74

o

C (165

o

F) or above for 15 seconds for POULTRY, BALUTS,

wild GAME ANIMALS as specified under Subparagraphs

3-201.17(A)(3) and (4), stuffed FISH, stuffed MEAT, stuffed pasta,

stuffed POULTRY, stuffed RATITES, or stuffing containing FISH,

MEAT

, POULTRY, or RATITES.

P

(B) Whole MEAT roasts including beef, corned beef, lamb, pork, and

cured pork roasts such as ham shall be cooked:

(1) In an oven that is preheated to the temperature specified for the

roast's weight in the following chart and that is held at that

temperature:

Pf

Index 72

Oven Type

Oven Temperature Based on Roast Weight

Less than 4.5 kg (10 lbs)

4.5 kg (10 lbs) or More

Still Dry

177

o

C (350

o

F) or more 121

o

C (250

o

F) or more

Convection

163

o

C (325

o

F) or more 121

o

C (250

o

F) or more

High Humidity

1

121

o

C (250

o

F) or less 121

o

C (250

o

F) or less

1

Relative humidity greater than 90% for at least 1 hour as measured in the cooking chamber or exit of the

oven; or in a moisture-impermeable bag that provides 100% humidity.

;and

(2) As specified in the following chart, to heat all parts of the FOOD

to a temperature and for the holding time that corresponds to

that temperature:

P

Temperature

°C (°F)

Time

1

in

Minutes

Temperature

°C (°F)

Time

1

in

Seconds

54.4 (130) 112 63.9 (147) 134

55.0 (131) 89 65.0 (149) 85

56.1 (133) 56 66.1 (151) 54

57.2 (135) 36 67.2 (153) 34

57.8 (136) 28 68.3 (155) 22

58.9 (138) 18 69.4 (157) 14

60.0 (140) 12 70.0 (158) 0

61.1 (142) 8

62.2 (144) 5

62.8 (145) 4

1

Holding time may include postoven heat rise.

(C) A raw or undercooked WHOLE-MUSCLE, INTACT BEEF steak may be

s

erved or offered for sale in a READY-TO-EAT form if:

(1) The

FOOD ESTABLISHMENT serves a population that is not a HIGHLY

SUSCEPTIBLE POPULATION

,

(2) The steak is labeled to indicate that it meets the definition of

"WHOLE-MUSCLE, INTACT BEEF" as specified under ¶ 3-201.11(E),

and

Index 73

(3) The steak is cooked on both the top and bottom to a surface

temperature of 63

o

C (145

o

F) or above and a cooked color change

is achieved on all external surfaces.

(D) A raw animal FOOD such as raw EGG, raw FISH, raw-marinated

F

IS

H

, raw MOLLUSCAN SHELLFISH, or steak tartare; or a partially cooked

F

OOD such as lightly cooked FISH, soft cooked EGGS, or rare MEAT other

than WHOLE-MUSCLE, INTACT BEEF steaks as specified in ¶ (C) of this

s

ection, may be served or offered for sale upon CONSUMER request or

s

election in a READY-TO-EAT form if:

(1) As specified under ¶¶ 3-801.11(C)(1) and (2), the FOOD

ESTABLISHMENT

serves a population that is not a HIGHLY

SUSCEPTIBLE POPULATION

;

(2) The FOOD, if served or offered for service by CONSUMER selection

from a children’s menu, does not contain COMMINUTED MEAT;

Pf

and

(3) The CONSUMER is informed as specified under § 3-603.11 that to

ensure its safety, the FOOD should be cooked as specified under ¶

(A) or (B) of this section; or

(4) The REGULATORY AUTHORITY grants a VARIANCE from ¶ (A) or (B) of

this section as specified in § 8-103.10 based on a HACCP PLAN

that:

(a) Is submitted by the PERMIT HOLDER and APPROVED as

specified under § 8-103.11,

(b) Documents scientific data or other information showing

that a lesser time and temperature regimen results in a safe

FOOD, and

(c) Verifies that

EQUIPMENT and procedures for FOOD

preparation and training of FOOD EMPLOYEES at the FOOD

ESTABLISHMENT

meet the conditions of the VARIANCE.

3-401.12 Microwave Cooking.

Raw animal FOODS cooked in a microwave oven shall be:

(A) Rotated or stirred throughout or midway during cooking to

compensate for uneven distribution of heat;

Index 74

(B) Covered to retain surface moisture;

(C) Heated to a temperature of at least 74

o

C (165

o

F) in all parts of the

FOOD; and

(D) Allowed to stand covered for 2 minutes after cooking to obtain

temperature equilibrium.

3-401.13 Plant Food Cooking for Hot Holding.

Fruits and vegetables that are cooked for hot holding shall be cooked to

a temperature of 57

o

C (135

o

F).

Pf

3-401.14 Non-Continuous Cooking of Raw Animal Foods.

Raw animal FOODS that are cooked using a NON-CONTINUOUS COOKING

p

rocess shall be:

(A) Subject to an initial heating process that is no longer than 60

minutes in duration;

P

(B) Immediately after initial heating, cooled according to the time

and temperature parameters specified for cooked POTENTIALLY

HAZARDOUS FOOD (TIME /TEMPERATURE CONTROL FOR SAFETY

FOOD) under ¶ 3-501.14(A);

P

(C) After cooling, held frozen or cold, as specified for POTENTIALLY

HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY

FOOD) under ¶ 3-501.16(A)(2);

P

(D) Prior to sale or service, cooked using a process that heats all

parts of the FOOD to a time/temperature specified in ¶ 3-401.11(A);

P

(E) Cooled according to the time and temperature parameters

specified for cooked P

OTENTIALLY HAZARDOUS FOOD (TIME

/TEMPERATURE CONTROL FOR SAFETY FOOD) under ¶ 3-

501.14(A) if not either hot held as specified under ¶3-

501.16(A), served immediately, or held using time as a public

health control as specified under §3-501.19 after complete cooking;

P

and

(F) Stored as follows:

Index 75

(1) After initial heating but prior to cooking as specified under ¶

(D) of this section, separate from ready-to-eat foods as

specified under ¶ 3-302.11;

Pf

and

(2) After initial heating, but prior to complete cooking, marked

or otherwise identified as foods that must be cooked as specified

under ¶ (D) of this section prior to being offered for sale or

service.

Pf

The food may be identified in any effective manner

provided that the marking system is disclosed to the regulatory

authority upon request.

Freezing

3-402.11 Parasite Destruction.

(A) Except as specified in ¶ (B) of this section, before service or sale in

READY-TO-EAT form, raw, raw-marinated, partially cooked, or

marinated-partially cooked FISH shall be:

(1) Frozen and stored at a temperature of -20°C (-4°F) or below for a

minimum of 168 hours (7 days) in a freezer;

P

(2) Frozen at -35°C (-31°F) or below until solid and stored at

-35°C (-31°F) or below for a minimum of 15 hours;

P

or

(3) Frozen at -35°C (-31°F) or below until solid and stored at

-20°C (-4°F) or below for a minimum of 24 hours.

P

(B) Paragraph (A) of this section does not apply to:

(1) MOLLUSCAN SHELLFISH;

(2) Tuna of the species Thunnus alalunga, Thunnus albacares

(Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna,

Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin

tuna, Northern); or

(3) Aquacultured FISH, such as salmon, that:

(a) If raised in open water, are raised in net-pens, or

(b) Are raised in land-based operations such as ponds or tanks, and

(c) Are fed formulated feed, such as pellets, that contains no live

p

arasites infective to the aquacultured FISH.

Index 76

(4) FISH eggs that have been removed from the skein and

rinsed.

3-402.12 Records, Creation and Retention.

(A) Except as specified in ¶ 3-402.11(B) and ¶ (B) of this section, if

raw, raw-marinated, partially cooked, or marinated-partially cooked

FISH are served or sold in READY-TO-EAT form, the PERSON IN CHARGE

shall record the freezing temperature and time to which the

FISH are

subjected and shall retain the records of the FOOD ESTABLISHMENT for

90 calendar days beyond the time of service or sale of the FISH.

Pf

(B) If the

FISH are frozen by a supplier, a written agreement or

s

tatement from the supplier stipulating that the FISH supplied are frozen

to a temperature and for a time specified under § 3-402.11 may

s

ubstitute for the records specified under ¶ (A) of this section.

(C) If raw, raw-marinated, partially cooked, or marinated-partially

cooked FISH are served or sold in READY-TO-EAT form, and the FISH are

raised and fed as specified in Subparagraph 3-402.11(B)(3), a written

agreement or statement from the supplier or aquaculturist stipulating

that the FISH were raised and fed as specified in Subparagraph

3-402.11(B)(3) shall be obtained by the PERSON IN CHARGE and retained

in the records of the FOOD ESTABLISHMENT for 90 calendar days beyond

the time of service or sale of the FISH.

Pf

3-403.10 Preparation for Immediate Service.

Cooked and refrigerated

FOOD that is prepared for immediate service in

response to an individual CONSUMER order, such as a roast beef

sandwich au jus, may be served at any temperature.

R

eheatin

g

3-403.11 Reheating for Hot Holding.

(A) Except as specified under ¶¶ (B) and (C) and in ¶ (E) of this

section, POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL

FOR SAFETY FOOD

) that is cooked, cooled, and reheated for hot holding

shall be reheated so that all parts of the FOOD reach a temperature of at

least 74

o

C (165

o

F) for 15 seconds.

P

(B) Except as specified under ¶ (C) of this section,

POTENTIALLY

HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD)

reheated in a microwave oven for hot holding shall be reheated so that

Index 77

all parts of the FOOD reach a temperature of at least 74

o

C (165

o

F) and

the FOOD is rotated or stirred, covered, and allowed to stand covered for

2 minutes after reheating.

P

(C) READY-TO-EAT FOOD taken from a commercially processed,

HERMETICALLY SEALED CONTAINER, or from an intact PACKAGE from a

FOOD PROCESSING PLANT that is inspected by the FOOD REGULATORY

AUTHORITY

that has jurisdiction over the plant, shall be heated to a

temperature of at least 57

o

C (135

o

F) for hot holding.

P

(D) Reheating for hot holding as specified under ¶¶ (A) - (C) of

this section shall be done rapidly and the time the

FOOD is between 5ºC

(41ºF) and the temperatures specified under ¶¶ (A)

- (C) of this section may not exceed 2 hours.

P

(E) Remaining unsliced portions of

MEAT roasts that are cooked as

s

pecified under ¶ 3-401.11(B) may be reheated for hot holding using

the oven parameters and minimum time and temperature conditions

s

pecified under ¶ 3-401.11(B).

Other Methods 3-404.11 Treating Juice.

JUICE PACKAGED in a FOOD ESTABLISHMENT shall be:

(A) Treated under a HACCP PLAN as specified in

¶¶ 8-201.14(B) - (E) to attain a 5-log reduction, which is equal to a

99.999% reduction, of the most resistant microorganism of public

health significance;

P

or

(B) Labeled, if not treated to yield a 5-log reduction of the most

resistant microorganism of public health significance:

Pf

(1) As specified under § 3-602.11,

P

f

and

(2) As specified in 21 CFR 101.17(g) Food labeling, warning,

notice, and safe handling statements,

JUICES that have not been

specifically processed to prevent, reduce, or eliminate the presence of

p

athogens with the following, “WARNING: This product has not been

p

asteurized and,

therefore, may contain harmful bacteria that can cause serious

illness in children, the elderly, and persons with weakened immune

systems.”

Pf

Index 78

3-5 LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC HEALTH

CONCERN

Subparts

3-501 Temperature and Time Control

3-502 Specialized Processing Methods

Temperature

and Time

Control

3-501.11 Frozen Food.

Stored frozen

FOODS shall be maintained frozen.

3-501.12 Potentially Hazardous Food (Time/Temperature

Control for Safety Food), Slacking.

Frozen

POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL

FOR SAFETY FOOD

) that is slacked to moderate the temperature shall be

held:

(A) Under refrigeration that maintains the FOOD temperature at 5

o

C

(41

o

F) or less; or

(B) At any temperature if the FOOD remains frozen.

3-501.13 Thawing.

Except as specified in ¶ (D) of this section, POTENTIALLY HAZARDOUS

FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) shall be thawed:

(A) Under refrigeration that maintains the FOOD temperature at 5

o

C

(41

o

F) or less; or

(B) Completely submerged under running water:

(1) At a water temperature of 21

o

C (70

o

F) or below,

(2) With sufficient water velocity to agitate and float off loose

particles in an overflow, and

Index 79

(3) For a period of time that does not allow thawed portions of

READY-TO-EAT FOOD to rise above 5

o

C (41

o

F), or

(4) For a period of time that does not allow thawed portions of a

raw animal FOOD requiring cooking as specified under

¶ 3-401.11(A) or (B) to be above 5

o

C (41

o

F), for more than

4 hours including:

(a) The time the FOOD is exposed to the running water and

the time needed for preparation for cooking, or

(b) The time it takes under refrigeration to lower the FOOD

temperature to 5

o

C (41

o

F);

(C) As part of a cooking process if the

FOOD that is frozen is:

(1) Cooked as specified under ¶ 3-401.11(A) or (B) or

§ 3-401.12, or

(2) Thawed in a microwave oven and immediately transferred to

conventional cooking EQUIPMENT, with no interruption in the

process; or

(D) Using any procedure if a portion of frozen READY-TO-EAT FOOD is

thawed and prepared for immediate service in response to an

individual CONSUMER'S order.

3-501.14 Cooling.

(A) Cooked

POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

) shall be cooled:

(1) Within 2 hours from 57ºC (135ºF) to 21ºC (70F);

P

and

(2) Within a total of 6 hours from 57ºC (135ºF) to 5ºC (41F) or less.

P

(B) P

OTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

) shall be cooled within 4 hours to 5

o

C (41

o

F) or less if

p

repared from ingredients at ambient temperature, such as reconstituted

FOODS and canned tuna.

P

(C) Except as specified under ¶ (D) of this section, a POTENTIALLY

HAZARDOUS

FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD)

Index 80

received in compliance with LAWS allowing a temperature above 5

o

C

(41

o

F) during shipment from the supplier as specified in ¶ 3-202.11(B),

shall be cooled within 4 hours to 5

o

C (41

o

F) or less.

P

(D) Raw

EGGS shall be received as specified under

¶ 3-202.11(C) and immediately placed in refrigerated

EQUIPMENT that

maintains an ambient air temperature of 7

o

C (45

o

F) or less.

P

3-501.15 Cooling Methods.

(A) Cooling shall be accomplished in accordance with the time and

temperature criteria specified under § 3-501.14 by using one or more of

the following methods based on the type of

FOOD being cooled:

(1) Placing the

FOOD in shallow pans;

P

f

(2) Separating the FOOD into smaller or thinner portions;

P

f

(3) Using rapid cooling EQUIPMENT;

P

f

(4) Stirring the FOOD in a container placed in an ice water bath;

P

f

(5) Using containers that facilitate heat transfer;

P

f

(6) Adding ice as an ingredient;

P

f

or

(7) Other effective methods.

P

f

(B) When placed in cooling or cold holding EQUIPMENT, FOOD

containers in which

FOOD is being cooled shall be:

(1) Arranged in the

EQUIPMENT to provide maximum heat transfer

through the container walls; and

(2) Loosely covered, or uncovered if protected from overhead

contamination as specified under Subparagraph 3-305.11(A)(2),

during the cooling period to facilitate heat transfer from the surface

of the

FOOD.

3-501.16 Potentially Hazardous Food (Time/Temperature

Control for Safety Food), Hot and Cold Holding.

(A) Except during preparation, cooking, or cooling, or when time is

used as the public health control as specified under §3-501.19, and

Index 81

except as specified under ¶ (B) and in ¶ (C ) of this section,

POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

) shall be maintained:

(1) At 57

o

C (135

o

F) or above, except that roasts cooked to a

temperature and for a time specified in ¶ 3-401.11(B) or reheated as

specified in ¶ 3-403.11(E) may be held at a temperature of 54

o

C

(130

o

F) or above;

P

or

(2) At 5ºC (41ºF) or less.

P

(B) EGGS that have not been treated to destroy all viable Salmonellae

shall be stored in refrigerated EQUIPMENT that maintains an ambient air

temperature of 7°C (45°F) or less.

P

(C)

POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

) in a homogenous liquid form may be maintained outside

of the temperature control requirements, as specified under ¶ (A) of this

s

ection, while contained within specially designed EQUIPMENT that

complies with the design and construction requirements as specified

under ¶ 4-204.13(E).

on-premises

p

reparation

• prepare and

hold cold

3-501.17 Ready-to-Eat, Potentially Hazardous Food

(Time/Temperature Control for Safety Food),

Date Marking.

(A) Except when

PACKAGING FOOD using a REDUCED OXYGEN

PACKAGING method as specified under § 3-502.12, and except as

specified in ¶¶ (D) and (E) of this section, refrigerated,

READY-TO

-

EAT, POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL

FOR SAFETY FOOD

) prepared and held in a FOOD ESTABLISHMENT for

more than 24 hours shall be clearly marked to indicate the date or day by

which the

FOOD shall be consumed on the PREMISES, sold, or discarded

when held at a temperature of 5ºC (41ºF) or less for a maximum of 7

days.

Pf

Index 82

commercially

p

rocessed

f

ood

• open and hold

cold

(B) Except as specified in ¶¶ (D) - (F) of this section, refrigerated,

READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

) prepared and PACKAGED by a FOOD

PROCESSING PLANT

shall be clearly marked, at the time the original

container is opened in a

FOOD ESTABLISHMENT and if the FOOD is held

for more than 24 hours, to indicate the date or day by which the FOOD

shall be consumed on the PREMISES, sold, or discarded, based on the

temperature and time combinations specified in ¶ (A) of this section and:

Pf

(1) The day the original container is opened in the

FOOD

ESTABLISHMENT

shall be counted as Day 1;

Pf

and

(2) The day or date marked by the

FOOD ESTABLISHMENT may not

exceed a manufacturer’s use-by date if the manufacturer determined

the use-by date based on

FOOD safety.

Pf

(C) A refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) ingredient or a portion

of a refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) that is subsequently

combined with additional ingredients or portions of FOOD shall retain the

date marking of the earliest-prepared or first-prepared ingredient.

Pf

(D) A date marking system that meets the criteria stated in ¶¶ (A) and

(B) of this section may include:

(1) Using a method APPROVED by the REGULATORY AUTHORITY for

refrigerated, READY-TO-EAT POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) that is frequently

rewrapped, such as lunchmeat or a roast, or for which date marking

is impractical, such as soft serve mix or milk in a dispensing

machine;

(2) Marking the date or day of preparation, with a procedure to

discard the

FOOD on or before the last date or day by which the

FOOD must be consumed on the premises, sold, or discarded as

specified under ¶ (A) of this section;

(3) Marking the date or day the original container is opened in a

FOOD ESTABLISHMENT, with a procedure to discard the FOOD on or

before the last date or day by which the

FOOD must be consumed on

the premises, sold, or discarded as specified under ¶ (B) of this

section; or

Index 83

(4) Using calendar dates, days of the week, color-coded marks, or

other effective marking methods, provided that the marking system is

disclosed to the REGULATORY AUTHORITY upon request.

(E) Paragraphs (A) and (B) of this section do not apply to individual

meal portions served or rePACKAGED

f

or sale from a bulk container upon

a consumer’s request.

(F) Paragraph (B) of this section does not apply to the following

FOODS

p

repared and PACKAGED by a FOOD PROCESSING PLANT inspected by a

R

EGULATORY AUTHORITY:

(1) Deli salads, such as ham salad, seafood salad, chicken salad,

egg salad, pasta salad, potato salad, and macaroni salad,

manufactured in accordance with 21 CFR 110 Current good

manufacturing practice in manufacturing, packing, or holding

human food;

(2) Hard cheeses containing not more than 39% moisture as defined

in 21 CFR 133 Cheeses and related cheese products, such as

cheddar, gruyere, parmesan and reggiano, and romano;

(3) Semi-soft cheeses containing more than 39% moisture, but not

more than 50% moisture, as defined in 21 CFR 133 Cheeses and

related cheese products, such as blue, edam, gorgonzola, gouda, an

d

monterey jack;

(4) Cultured dairy products as defined in 21 CFR 131 Milk and

cream, such as yogurt, sour cream, and buttermilk;

(5) Preserved

FISH products, such as pickled herring and dried or

salted cod, and other acidified FISH products defined in 21 CFR 114

Acidified foods;

(6) Shelf stable, dry fermented sausages, such as pepperoni and

Genoa salami that are not labeled "Keep Refrigerated" as specified

in 9 CFR 317 Labeling, marking devices, and containers, and which

retain the original

CASING on the product; and

(7) Shelf stable salt-cured products such as prosciutto and Parma

(ham) that are not labeled "Keep Refrigerated" as specified in 9

CFR 317 Labeling, marking devices, and containers.

3-501.18 Ready-to-Eat, Potentially Hazardous Food

(Time/Temperature Control for Safety Food),

Index 84

Disposition.

(A) A FOOD specified in ¶ 3-501.17(A) or (B) shall be discarded if it:

(1) Exceeds the temperature and time combination specified in ¶ 3-

501.17(A), except time that the product is frozen;

P

(2) Is in a container or PACKAGE that does not bear a date or day;

P

or

(3) Is appropriately marked with a date or day that exceeds a

temperature and time combination as specified in

¶ 3-501.17(A).

P

(B) Refrigerated,

READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD

(

TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) prepared in a FOOD

ESTABLISHMENT

and dispensed through a VENDING MACHINE with an

automatic shutoff control shall be discarded if it exceeds a temperature

and time combination as specified in ¶ 3-501.17(A).

P

3-501.19 Time as a Public Health Control.

(A) Except as specified under ¶ (D) of this section, if time without

temperature control is used as the public health control for a working

supply of POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

) before cooking, or for READY-TO-EAT

POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

) that is displayed or held for sale or service:

(1) Written procedures shall be prepared in advance, maintained in

the FOOD ESTABLISHMENT and made available to the REGULATORY

AUTHORITY

upon request that specify:

Pf

(a) Methods of compliance with Subparagraphs (B)(1)-(3) or

C)(1)-(5) of this section;

Pf

and

(b) Methods of compliance with § 3-501.14 for FOOD that is

prepared, cooked, and refrigerated before time is used as a public

health control.

Pf

Time – maximum

up to 4 hours

(B) If time temperature control is used as the public health control up to

a maximum of 4 hours:

(1) The FOOD shall have an initial temperature of 5ºC (41ºF) or less

when removed from cold holding temperature control, or 57C

(135F) or greater when removed from hot holding temperature

control;

P

Index 85

(2) The FOOD shall be marked or otherwise identified to indicate the

time that is 4 hours past the point in time when the FOOD is removed

from temperature control;

Pf

(3) The

FOOD shall be cooked and served, served at any temperature

if READY-TO-EAT, or discarded, within 4 hours from the point in time

when the FOOD is removed from temperature control;

P

and

(4) The FOOD in unmarked containers or PACKAGES, or marked to

exceed a 4-hour limit shall be discarded.

P

Time – maximum

up to 6 hours

(C) If time without temperature control is used as the public health

control up to a maximum of 6 hours:

(1) The FOOD shall have an initial temperature of 5ºC (41ºF) or less

when removed from temperature control and the FOOD temperature

may not exceed 21ºC (70ºF) within a maximum time period of 6

hours;

P

(2) The FOOD shall be monitored to ensure the warmest portion of

the FOOD does not exceed 21ºC (70ºF) during the 6-hour period,

unless an ambient air temperature is maintained that ensures the

FOOD does not exceed 21ºC (70ºF) during the 6-hour holding period;

Pf

(3) The FOOD shall be marked or otherwise identified to indicate:

P

f

(a) The time when the FOOD is removed from 5ºC (41ºF) or less

cold holding temperature control,

Pf

and

(b) The time that is 6 hours past the point in time when the

FOOD

is removed from cold holding temperature control;

Pf

(4) The

FOOD shall be:

(a) Discarded if the temperature of the FOOD exceeds 21C

(70F),

P

or

(b) Cooked and served, served at any temperature if

READY-TO-

EAT, or discarded within a maximum of 6 hours from the point in

time when the FOOD is removed from 5ºC (41ºF) or less cold

holding temperature control;

P

and

(5) The FOOD in unmarked containers or PACKAGES, or marked with

a time that exceeds the 6-hour limit shall be discarded.

P

Index 86

(D) A FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE

POPULATION

may not use time as specified under ¶¶ (A), (B) or (C) of

this section as the public health control for raw

EGGS.

S

pecialized

P

rocessin

g

M

ethods

3-502.11 Variance Requirement.

A

FOOD ESTABLISHMENT shall obtain a VARIANCE from the REGULATORY

AUTHORITY

as specified in § 8-103.10 and under § 8-103.11 before:

Pf

(A) Smoking FOOD as a method of FOOD preservation rather than as a

method of flavor enhancement;

Pf

(B) Curing FOOD;

P

f

(C) Using FOOD ADDITIVES or adding components such as vinegar:

P

f

(1) As a method of FOOD preservation rather than as a method of

flavor enhancement,

Pf

or

(2) To render a FOOD so that it is not POTENTIALLY HAZARDOUS

(TIME/TEMPERATURE CONTROL OF SAFETY FOOD);

Pf

(D) Packaging FOOD using a REDUCED OXYGEN PACKAGING method

except where the growth of and toxin formation by Clostridium

botulinum and the growth of Listeria

monocytogenes are controlled as specified under

§ 3-502.12;

Pf

(E) Operating a

MOLLUSCAN SHELLFISH life-support system display tank

used to store or display shellfish that are offered for human

consumption;

Pf

(F) Custom processing animals that are for personal use as

FOOD and not

for sale or service in a FOOD ESTABLISHMENT;

Pf

(G) Preparing

FOOD by another method that is determined by the

REGULATORY AUTHORITY to require a VARIANCE;

Pf

or

(H) Sprouting seeds or beans.

P

f

Index 8

7

Clostridium

botulinum and

L

isteria

monocytogenes

Controls

3-502.12 Reduced Oxygen Packaging Without a Variance,

Criteria.

(A) Except for a

FOOD ESTABLISHMENT that obtains a VARIANCE as

specified under § 3-502.11, a FOOD ESTABLISHMENT that PACKAGES

POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

) using a REDUCED OXYGEN PACKAGING method shall

control the growth and toxin formation of Clostridium botulinum and

the growth of Listeria monocytogenes.

P

(B) A FOOD ESTABLISHMENT that PACKAGES POTENTIALLY HAZARDOUS

FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) using a

REDUCED OXYGEN PACKAGING method shall have a HACCP PLAN that

contains the information specified under ¶ 8-201.14(D) and that:

Pf

(1) Identifies the FOOD to be PACKAGED;

P

f

(2) Except as specified under ¶¶ (C) - (E) of this section, requires that

the PACKAGED FOOD shall be maintained at 5°C (41°F) or less and

meet at least one of the following criteria:

Pf

(a) Has an A

W

of 0.91 or less,

P

f

(b) Has a PH of 4.6 or less,

P

f

(c) Is a MEAT or POULTRY product cured at a FOOD PROCESSING

PLANT

regulated by the USDA using substances specified in 9

CFR 424.21, Use of food

ingredients and sources of radiation, and is received in an intact

PACKAGE,

Pf

or

(d) Is a

FOOD with a high level of competing organisms such as

raw

MEAT, raw POULTRY, or raw vegetables;

Pf

(3) Describes how the PACKAGE shall be prominently and

conspicuously labeled on the principal display panel in bold

type on a contrasting background, with instructions to:

Pf

(a) Maintain the

FOOD at 5

o

C (41

o

F) or below,

P

f

and

(b) Discard the

FOOD if within 14 calendar days of its

PACKAGING it is not served for on-PREMISES consumption, or

consumed if served or sold for off-

PREMISES consumption;

Pf

(4) Limits the refrigerated shelf life to no more than 14 calendar days

Index 88

from PACKAGING to consumption, except the time the product is

maintained frozen, or the original manufacturer’s “sell by” or “use

by” date, whichever occurs first;

P

(5) Includes operational procedures that:

(a) Prohibit contacting READY-TO-EAT FOOD with bare hands as

specified under ¶ 3-301.11(B),

Pf

(b) Identify a designated work area and the method by which:

P

f

(i) Physical barriers or methods of separation of raw FOODS

and READY-TO-EAT FOODS minimize cross contamination,

Pf

and

(ii) Access to the processing EQUIPMENT is limited to

responsible trained personnel familiar with the potential

HAZARDS of the operation,

Pf

and

(c) Delineate cleaning and SANITIZATION procedures for FOOD-

CONTACT SURFACES;

Pf

and

(6) Describes the training program that ensures that the individual

responsible for the REDUCED OXYGEN PACKAGING operation

understands the:

Pf

(a) Concepts required for a safe operation,

P

f

(b) EQUIPMENT and facilities,

P

f

and

(c) Procedures specified under Subparagraph (B)(5) of this

section and ¶ 8-201.14(D).

Pf

F

ish

(C) Except for FISH that is frozen before, during, and after PACKAGING, a

FOOD ESTABLISHMENT may not PACKAGE FISH using a REDUCED OXYGEN

PACKAGING

method.

P

Cook-Chill or Sous

Vide

(D) Except as specified under ¶ (C) of this section, a

FOOD

ESTABLISHMENT

that PACKAGES FOOD using a cook-chill or sous vide

p

rocess shall:

(1) Implement a HACCP

PLAN that contains the information as

specified under ¶ 8-201.14(D);

Pf

(2) Ensure the FOOD is:

Index 89

(a) Prepared and consumed on the PREMISES, or prepared and

consumed off the PREMISES but within the same business entity

with no distribution or sale of the PACKAGED product to another

business entity or the

CONSUMER,

Pf

(b) Cooked to heat all parts of the

FOOD to a temperature and for

a time as specified under § 3-401.11,

P

(c) Protected from contamination before and after cooking as

specified under Parts 3-3 and 3-4,

P

(d) Placed in a PACKAGE with an oxygen barrier and sealed

before cooking, or placed in a PACKAGE and sealed immediately

after cooking and before reaching a temperature below 57°C

(135°F),

P

(e) Cooled to 5°C (41°F) in the sealed PACKAGE or bag as

specified under § 3-501.14 and subsequently:

P

(i) Cooled to 1°C (34°F) within 48 hours of reaching 5°C

(41°F) and held at that temperature until consumed or

discarded within 30 days after the date of PACKAGING;

P

(ii) Cooled to 1°C (34°F) within 48 hours of reaching 5°C

(41°F), removed from refrigeration equipment that maintains

a 1°C (34°F) food temperature and then held at 5°C (41°F) or

less for no more than 72 hours, at which time the FOOD must

be consumed or discarded;

P

(iii) Cooled to 3°C (38°F) or less within 24 hours of reaching

5°C (41°F) and held there for no more than 72 hours from

PACKAGING

, at which time the food must be consumed or

discarded;

P

or

(iv) Held frozen with no shelf life restriction while

frozen until consumed or used.

P

(f) Held in a refrigeration unit that is equipped with an electronic

system that continuously monitors time and temperature and is

visually examined for proper operation twice daily,

Pf

(g) If transported off-site to a satellite location of the same

business entity, equipped with verifiable electronic monitoring

devices to ensure that times and temperatures are monitored

during transportation,

Pf

and

Index 90

(h) Labeled with the product name and the date PACKAGED;

P

f

and

(3) Maintain the records required to confirm that cooling and cold

holding refrigeration time/temperature parameters are required as

part of the HACCP PLAN and:

(a) Make such records available to the REGULATORY AUTHORITY

upon request,

Pf

and

(b) Hold such records for at least 6 months;

P

f

and

(4) Implement written operational procedures as specified under

Subparagraph (B)(5) of this section and a training program as

specified under Subparagraph (B)(6) of this section.

Pf

Cheese

(E) A

FOOD ESTABLISHMENT that PACKAGES cheese using a REDUCED

OXYGEN PACKAGING

method shall:

(1) Limit the cheeses PACKAGED to those that are commercially

manufactured in a FOOD PROCESSING PLANT with no ingredients

added in the FOOD ESTABLISHMENT and that meet the Standards of

Identity as specified in 21 CFR 133.150 Hard cheeses, 21 CFR

133.169 Pasteurized process cheese or 21 CFR 133.187 Semisoft

cheeses;

P

(2) Have a HACCP PLAN that contains the information specified

under ¶ 8-201.14(D) and as specified under ¶¶ (B)(1), (B)(3)(a),

(B)(5) and (B)(6) of this section;

Pf

(3) Labels the PACKAGE on the principal display panel with a “use

by” date that does not exceed 30 days from its packaging or the

original manufacturer’s “sell by” or “use by” date, whichever occurs

first;

Pf

and

(4) Discards the

REDUCED OXYGEN PACKAGED cheese if it is not sold

for off-PREMISES consumption or consumed within 30 calendar days

of its

PACKAGING.

Pf

3-6FOOD IDENTITY, PRESENTATION, AND ON-PREMISES LABELING

Subparts

3-601 Accurate Representation

3-602 Labeling

3-603 Consumer Advisory

Index 91

A

ccurat

e

R

epresentation

3-601.11 Standards of Identity.

P

ACKAGED FOOD shall comply with standard of identity requirements in

21 CFR 131-169 and 9 CFR 319 Definitions and standards of identity

or composition, and the general requirements in 21 CFR 130 – Food

Standards: General and 9 CFR 319 Subpart A – General.

3-601.12 Honestly Presented.

(A) FOOD shall be offered for human consumption in a way that does

not mislead or misinform the

CONSUMER.

(B) F

OOD or COLOR ADDITIVES, colored overwraps, or lights may not be

used to misrepresent the true appearance, color, or quality of a FOOD.

L

abelin

g

3-602.11 Food Labels.

(A) FOOD PACKAGED in a FOOD ESTABLISHMENT, shall be labeled as

specified in LAW, including 21 CFR 101 - Food labeling, and 9 CFR

317 Labeling, marking devices, and containers.

(B) Label information shall include:

(1) The common name of the FOOD, or absent a common name, an

adequately descriptive identity statement;

(2) If made from two or more ingredients, a list of ingredients in

descending order of predominance by weight, including a

declaration of artificial color or flavor and chemical preservatives,

if contained in the

FOOD;

(3) An accurate declaration of the quantity of contents;

(4) The name and place of business of the manufacturer,

packer, or distributor; and

(5) The name of the FOOD source for each MAJOR FOOD ALLERGEN

contained in the

FOOD unless the FOOD source is already part of the

common or usual name of the respective ingredient (Effective

January 1, 2006).

Pf

(6) Except as exempted in the Federal Food, Drug, and Cosmetic

Index 92

Act § 403(Q)(3) - (5), nutrition labeling as specified in 21 CFR 101

- Food Labeling and 9 CFR 317 Subpart B Nutrition Labeling.

(7) For any salmonid

FISH containing canthaxanthin as a COLOR

ADDITIVE

, the labeling of the bulk FISH container, including a list of

ingredients, displayed on the retail container or by other written

means, such as a counter card, that discloses the use of

canthaxanthin.

(C) Bulk FOOD that is available for CONSUMER self-dispensing shall be

p

rominently labeled with the following information in plain view of the

CONSUMER:

(1) The manufacturer's or processor's label that was provided with the

FOOD; or

(2) A card, sign, or other method of notification that includes the

information specified under Subparagraphs (B)(1), (2), and (5) of

this section.

(D) Bulk, unPACKAGED FOODS such as bakery products and

unPACKAGED FOODS that are portioned to CONSUMER specification need

not be labeled if:

(1) A health, nutrient content, or other claim is not made;

(2) There are no state or local LAWS requiring labeling; and

(3) The FOOD is manufactured or prepared on the PREMISES of the FOOD

ESTABLISHMENT

or at another FOOD ESTABLISHMENT or a FOOD

PROCESSING PLANT

that is owned by the same PERSON and is

regulated by the FOOD regulatory agency that has jurisdiction.

Index 93

3-602.12 Other Forms of Information.

(A) If required by LAW, CONSUMER warnings shall be provided.

(B) FOOD ESTABLISHMENT or manufacturers' dating information on

FOODS may not be concealed or altered.

Consumer

A

dvisor

y

3-603.11 Consumption of Animal Foods that are Raw,

Undercooked, or Not Otherwise Processed to

Eliminate Pathogens.

(A) Except as specified in ¶ 3-401.11(C) and Subparagraph

3-401.11(D)(4) and under ¶ 3-801.11(C), if an animal

FOOD such as

beef,

EGGS, FISH, lamb, milk, pork, POULTRY, or shellfish is served or

sold raw, undercooked, or without otherwise being processed to

eliminate pathogens, either in READY-TO-EAT form or as an ingredient

in another READY-TO-EAT FOOD, the PERMIT HOLDER shall inform

CONSUMERS of the significantly increased RISK of consuming such

FOODS by way of a DISCLOSURE and REMINDER, as specified in ¶¶ (B)

and (C) of this section using brochures, deli case or menu advisories,

label statements, table tents, placards, or other effective written means.

Pf

(B) DISCLOSURE shall include:

(1) A description of the animal-derived FOODS, such as “oysters on

the half shell (raw oysters),” “raw-EGG Caesar salad,” and

“hamburgers (can be cooked to order)”;

Pf

or

(2) Identification of the animal-derived

FOODS by asterisking them

to a footnote that states that the items are served raw or

undercooked, or contain (or may contain) raw or undercooked

ingredients.

Pf

(C) R

EMINDER shall include asterisking the animal-derived FOODS

requiring DISCLOSURE to a footnote that states:

(1) Regarding the safety of these items, written information is

available upon request;

Pf

(2) Consuming raw or undercooked

MEATS, POULTRY, seafood,

shellfish, or

EGGS may increase your RISK of foodborne illness;

Pf

or

Index 94

(3) Consuming raw or undercooked MEATS, POULTRY, seafood,

shellfish, or EGGS may increase your RISK of foodborne illness,

especially if you have certain medical conditions.

Pf

3-7 CONTAMINATED FOOD

Subpart

3-701 Disposition

D

isposition 3-701.11 Discarding or Reconditioning Unsafe, Adulterated,

or Contaminated Food.

(A) A FOOD that is unsafe, ADULTERATED, or not honestly presented as

specified under § 3-101.11 shall be discarded or reconditioned

according to an APPROVED procedure.

P

(B) FOOD that is not from an APPROVED source as specified under

§§ 3-201.11 - .17 shall be discarded.

P

(C) READY-TO-EAT FOOD that may have been contaminated by an

EMPLOYEE who has been RESTRICTED or EXCLUDED as specified under

§ 2-201.12 shall be discarded.

P

(D) FOOD that is contaminated by FOOD EMPLOYEES, CONSUMERS, or

other PERSONS through contact with their hands, bodily discharges, such

as nasal or oral discharges, or other means shall be discarded.

P

Index 95

3-8 SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE

POPULATIONS

Subpart

3-801 Additional Safeguards

A

dditional

S

a

f

e

g

uards

3-801.11 Pasteurized Foods, Prohibited Re-Service, and

Prohibited Food.

In a

FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE

POPULATION

:

(A) The following criteria apply to JUICE:

(1) For the purposes of this paragraph only, children who are age 9

or less and receive FOOD in a school, day care setting, or similar

facility that provides custodial care are included as HIGHLY

SUSCEPTIBLE POPULATIONS

;

(2) PrePACKAGED JUICE or a prePACKAGED BEVERAGE containing

JUICE, that bears a warning label as specified in 21 CFR,

101.17(g) Food labeling, warning, notice, and safe handling

statements, Juices that have not been specifically processed to

prevent, reduce, or eliminate the presence of pathogens, or a

PACKAGED JUICE or BEVERAGE containing JUICE, that bears a

warning label as specified under ¶ 3-404.11(B) may not be

served or offered for sale;

P

and

(3) UnPACKAGED JUICE that is prepared on the premises for service

or sale in a

READY-TO-EAT form shall be processed under a

HACCP PLAN that contains the information specified under ¶¶

8-201.14(B) - (E) and as specified in 21 CFR Part 120 – Hazard

Analysis and Critical Control Point (HACCP) Systems, Subpart

B Pathogen Reduction, 120.24 Process controls.

P

(B) Pasteurized EGGS or EGG PRODUCTS shall be substituted for raw

EGGS in the preparation of:

P

(1) FOODS such as Caesar salad, hollandaise or Béarnaise sauce,

mayonnaise, meringue,

EGGnog, ice cream, and EGG-fortified

BEVERAGES,

P

and

(2) Except as specified in ¶ (F) of this section, recipes in which

Index 96

more than one EGG is broken and the EGGS are combined;

P

(C) The following FOODS may not be served or offered for sale in a

READY-TO-EAT form:

P

(1) Raw animal

FOODS such as raw FISH, raw-marinated

FISH

, raw MOLLUSCAN SHELLFISH, and steak tartare,

P

(2) A partially cooked animal

FOOD such as lightly cooked FISH,

rare

MEAT, soft-cooked EGGS that are made from raw EGGS,

and meringue;

P

and

(3) Raw seed sprouts.

P

(D) FOOD EMPLOYEES may not contact READY-TO-EAT FOOD as

specified under ¶¶ 3-301.11(B) and (D).

P

(E) Time only, as the public health control as specified under

¶ 3-501.19(D), may not be used for raw EGGS.

P

(F) Subparagraph (B)(2) of this section does not apply if:

(1) The raw EGGS are combined immediately before cooking

for one CONSUMER’S serving at a single meal, cooked as

specified under Subparagraph 3-401.11(A)(1), and served

immediately, such as an omelet, soufflé, or scrambled EGGS;

(2) The raw EGGS are combined as an ingredient

immediately before baking and the EGGS are thoroughly

cooked to a READY-TO-EAT form, such as a cake, muffin, or

bread; or

(3) The preparation of the food is conducted under a

HACCP

PLAN that:

(a) Identifies the FOOD to be prepared,

(b) Prohibits contacting

READY-TO-EAT FOOD with bare hands,

(c) Includes specifications and practices that ensure:

(i) Salmonella Enteritidis growth is controlled before and

after cooking, and

(ii) Salmonella Enteritidis is destroyed by cooking the EGGS

according to the temperature and time specified in

Index 9

7

Subparagraph 3-401.11(A)(2),

(d) Contains the information specified under

¶ 8-201.14(D) including procedures that:

(i) Control cross contamination of READY-TO-

EAT FOOD with raw EGGS, and

(ii) Delineate cleaning and

SANITIZATION

procedures for

FOOD-CONTACT SURFACES, and

(e) Describes the training program that ensures that the FOOD

EMPLOYEE

responsible for the preparation of the FOOD

understands the procedures to be used.

R

e-service of Food

(G) Except as specified in paragraph (H) of this section, FOOD may

be re-served as specified under Subparagraph 3-306.14(B)(1) and

(2).

P

rohibited

R

e-service of Food

(H) FOOD may not be re-served under the following conditions:

(1) Any FOOD served to patients or clients who are under contact

precautions in medical isolation or quarantine, or protective

environment isolation may not be re-served to others outside.

(2) Packages of FOOD from any patients, clients, or other

CONSUMERS should not be re-served to PERSONS in protective

environment isolation.

Chapter

4 Equipment, Utensils,

and Linens

Parts

4-1 MATERIALS FOR CONSTRUCTION AND REPAIR

4-2 DESIGN AND CONSTRUCTION

4-3 NUMBERS AND CAPACITIES

4-4 LOCATION AND INSTALLATION

Index 98

4-5 MAINTENANCE AND OPERATION

4-6 CLEANING OF EQUIPMENT AND UTENSILS

4-7 SANITIZATION OF EQUIPMENT AND UTENSILS

4-8 LAUNDERING

4-9 PROTECTION OF CLEAN ITEMS

4-1 MATERIALS FOR CONSTRUCTION AND REPAIR

Subparts

4-101 Multiuse

4-102 Single-Service and Single-Use

M

ultius

e

4-101.11 Characteristics.

Materials that are used in the construction of UTENSILS and FOOD-

CONTACT SURFACES of EQUIPMENT may not allow the migration of

deleterious substances or impart colors, odors, or tastes to FOOD and

under normal use conditions shall be:

P

(A) Safe;

P

(B) Durable, CORROSION-RESISTANT, and nonabsorbent;

(C) Sufficient in weight and thickness to withstand repeated

WAREWASHING;

(D) Finished to have a

SMOOTH, EASILY CLEANABLE surface; and

(E) Resistant to pitting, chipping, crazing, scratching, scoring,

distortion, and decomposition.

4-101.12 Cast Iron, Use Limitation.

(A) Except as specified in ¶¶ (B) and (C) of this section, cast iron may

not be used for

UTENSILS or FOOD-CONTACT SURFACES of EQUIPMENT.

(B) Cast iron may be used as a surface for cooking.

(C) Cast iron may be used in UTENSILS for serving FOOD if the

UTENSILS are used only as part of an uninterrupted process from

cooking through service.

Index 99

4-101.13 Lead, Use Limitation.

(A) Ceramic, china, and crystal UTENSILS, and decorative UTENSILS

such as hand painted ceramic or china that are used in contact with

FOOD shall be lead-free or contain levels of lead not exceeding the

limits of the following UTENSIL categories:

P

UTENSIL

Category

Ceramic Article

Description

Maximum Lead

MG/L

Beverage Mugs, Cups,

Pitchers

Coffee Mugs 0.5

Large Hollowware

(excluding pitchers)

Bowls > 1.1 Liter

(1.16 Quart)

1

Small Hollowware

(excluding cups & mugs)

Bowls < 1.1 Liter

(1.16 Quart)

2.0

Flat TABLEWARE Plates, Saucers 3.0

(B) Pewter alloys containing lead in excess of 0.05% may not be

used as a FOOD-CONTACT SURFACE.

P

(C) Solder and flux containing lead in excess of 0.2% may not be

used as a FOOD-CONTACT SURFACE.

4-101.14 Copper, Use Limitation.

(A) Except as specified in ¶ (B) of this section, copper and copper

alloys such as brass may not be used in contact with a

FOOD that has a

p

H below 6 such as vinegar, fruit JUICE, or wine or for a fitting or

tubing installed between a backflow prevention device and a

carbonator.

P

(B) Copper and copper alloys may be used in contact with beer

brewing ingredients that have a pH below 6 in the prefermentation

and fermentation steps of a beer brewing operation such as a

brewpub or microbrewery.

4-101.15 Galvanized Metal, Use Limitation.

Galvanized metal may not be used for

UTENSILS or FOOD-CONTACT

SURFACES of EQUIPMENT that are used in contact with acidic FOOD.

P

Index 100

4-101.16 Sponges, Use Limitation.

Sponges may not be used in contact with cleaned and SANITIZED or in-

use FOOD-CONTACT SURFACES.

4-101.17 Wood, Use Limitation.

(A) Except as specified in ¶¶ (B), (C), and (D) of this section, wood

and wood wicker may not be used as a FOOD-CONTACT SURFACE.

(B) Hard maple or an equivalently hard, close-grained wood may be

used for:

(1) Cutting boards; cutting blocks; bakers' tables; and UTENSILS such

as rolling pins, doughnut dowels, salad bowls, and chopsticks;

and

(2) Wooden paddles used in confectionery operations for pressure

scraping kettles when manually preparing confections at a

temperature of 110

o

C (230

o

F) or above.

(C) Whole, uncut, raw fruits and vegetables, and nuts in the shell may

be kept in the wood shipping containers in which they were received,

until the fruits, vegetables, or nuts are used.

(D) If the nature of the FOOD requires removal of rinds, peels, husks,

or shells before consumption, the whole, uncut, raw FOOD may be

kept in:

(1) Untreated wood containers; or

(2) Treated wood containers if the containers are treated with a

preservative that meets the requirements specified in 21 CFR

178.3800 Preservatives for wood.

4-101.18 Nonstick Coatings, Use Limitation.

Multiuse KITCHENWARE such as frying pans, griddles, sauce pans,

cookie sheets, and waffle bakers that have a perfluorocarbon resin

coating shall be used with nonscoring or nonscratching

UTENSILS and

cleaning aids.

Index 101

4-101.19 Nonfood-Contact Surfaces.

N

onFOOD-CONTACT SURFACES of EQUIPMENT that are exposed to

splash, spillage, or other

FOOD soiling or that require frequent

cleaning shall be constructed of a CORROSION-RESISTANT,

nonabsorbent, and SMOOTH material.

S

in

g

le-Service and

S

in

g

le-Use

4-102.11 Characteristics.

Materials that are used to make SINGLE-SERVICE and SINGLE-USE

ARTICLES:

(A) May not:

(1) Allow the migration of deleterious substances,

P

or

(2) Impart colors, odors, or tastes to FOOD; and

(B) Shall be:

(1) Safe,

P

and

(2) Clean.

4-2 DESIGN AND CONSTRUCTION

Subparts

4-201 Durability and Strength

4-202 Cleanability

4-203 Accuracy

4-204 Functionality

4-205 Acceptability

D

urabilit

y

and

S

tren

g

th

4-201.11 Equipment and Utensils.

E

QUIPMENT and UTENSILS shall be designed and constructed to be

durable and to retain their characteristic qualities under normal use

conditions.

4-201.12 Food Temperature Measuring Devices.

Index 102

FOOD TEMPERATURE MEASURING DEVICES may not have sensors or

stems constructed of glass, except that thermometers with glass

s

ensors or stems that are encased in a shatterproof coating such as

candy thermometers may be used.

P

Cleanability 4-202.11 Food-Contact Surfaces.

(A) Multiuse FOOD-CONTACT SURFACES shall be:

(1) SMOOTH;

P

f

(2) Free of breaks, open seams, cracks, chips, inclusions, pits, and

similar imperfections;

Pf

(3) Free of sharp internal angles, corners, and crevices;

P

f

(4) Finished to have SMOOTH welds and joints;

P

f

and

(5) Except as specified in ¶ (B) of this section, accessible for cleaning

and inspection by one of the following methods:

(a) Without being disassembled,

P

f

(b) By disassembling without the use of tools,

P

f

or

(c) By easy disassembling with the use of handheld tools

commonly available to maintenance and cleaning personnel

such as screwdrivers, pliers, open-end wrenches, and Allen

wrenches.

Pf

(B) Subparagraph (A)(5) of this section does not apply to cooking oil

s

torage tanks, distribution lines for cooking oils, or BEVERAGE syrup

lines or tubes.

4-202.12 CIP Equipment.

(A) CIP

EQUIPMENT shall meet the characteristics specified under

§ 4-202.11 and shall be designed and constructed so that:

(1) Cleaning and

SANITIZING solutions circulate throughout a fixed

system and contact all interior FOOD-CONTACT SURFACES,

Pf

and

(2) The system is self-draining or capable of being completely drained

of cleaning and

SANITIZING solutions; and

Index 103

(B) CIP EQUIPMENT that is not designed to be disassembled for

cleaning shall be designed with inspection access points to ensure that

all interior

FOOD-CONTACT SURFACES throughout the fixed system are

being effectively cleaned.

4-202.13 "V" Threads, Use Limitation.

E

xcept for hot oil cooking or filtering EQUIPMENT, "V" type threads

may not be used on FOOD-CONTACT SURFACES.

4-202.14 Hot Oil Filtering Equipment.

Hot oil filtering EQUIPMENT shall meet the characteristics specified

under § 4-202.11 or § 4-202.12 and shall be readily accessible for

filter replacement and cleaning of the filter.

4-202.15 Can Openers.

Cutting or piercing parts of can openers shall be readily removable for

cleaning and for replacement.

4-202.16 Nonfood-Contact Surfaces.

N

onFOOD-CONTACT SURFACES shall be free of unnecessary ledges,

p

rojections, and crevices, and designed and constructed to allow easy

cleaning and to facilitate maintenance.

4-202.17 Kick Plates, Removable.

Kick plates shall be designed so that the areas behind them are

accessible for inspection and cleaning by being:

(A) Removable by one of the methods specified under Subparagraph

4-202.11(A)(5) or capable of being rotated open; and

(B) Removable or capable of being rotated open without unlocking

EQUIPMENT doors.

Index 104

4-202.18 Ventilation Hood Systems, Filters.

Filters or other grease extracting EQUIPMENT shall be designed to be

readily removable for cleaning and replacement if not designed to be

cleaned in place.

A

ccurac

y

4-203.11 Temperature Measuring Devices, Food.

(A) FOOD TEMPERATURE MEASURING DEVICES that are scaled only in

Celsius or dually scaled in Celsius and Fahrenheit shall be accurate to

±1

o

C in the intended range of use.

Pf

(B) F

OOD TEMPERATURE MEASURING DEVICES that are scaled only in

Fahrenheit shall be accurate to ±2

o

F in the intended range of use.

Pf

4-203.12 Temperature Measurin

g

Devices, Ambient Air and

Water.

(A) Ambient air and water

TEMPERATURE MEASURING DEVICES that

are scaled in Celsius or dually scaled in Celsius and Fahrenheit shall

be designed to be easily readable and accurate to ±1.5

o

C in the

intended range of use.

Pf

(B) Ambient air and water TEMPERATURE MEASURING DEVICES that

are scaled only in Fahrenheit shall be accurate to ±3

o

F in the intended

range of use.

Pf

4-203.13 Pressure Measuring Devices, Mechanical

Warewashing Equipment.

Pressure measuring devices that display the pressures in the water

supply line for the fresh hot water

SANITIZING rinse shall have

increments of 7 kilopascals (1 pound per square inch) or smaller and

shall be accurate to  ±14 kilopascals ( ±2 pounds per square inch) in

the range indicated on the manufacturer’s data plate.

Index 105

Functionality 4-204.11 Ventilation Hood Systems, Drip Prevention.

Exhaust ventilation hood systems in FOOD preparation and

WAREWASHING areas including components such as hoods, fans,

guards, and ducting shall be designed to prevent grease or

condensation from draining or dripping onto

FOOD, EQUIPMENT,

UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.

4-204.12 Equipment Openings, Closures and Deflectors.

(A) A cover or lid for EQUIPMENT shall overlap the opening and be

sloped to drain.

(B) An opening located within the top of a unit of EQUIPMENT that is

designed for use with a cover or lid shall be flanged upward at least 5

millimeters (two-tenths of an inch).

(C) Except as specified under ¶ (D) of this section, fixed piping,

TEMPERATURE MEASURING DEVICES, rotary shafts, and other parts

extending into EQUIPMENT shall be provided with a watertight joint at

the point where the item enters the EQUIPMENT.

(D) If a watertight joint is not provided:

(1) The piping, TEMPERATURE MEASURING DEVICES, rotary shafts, and

other parts extending through the openings shall be equipped with

an apron designed to deflect condensation, drips, and dust from

openings into the FOOD; and

(2) The opening shall be flanged as specified under ¶ (B) of this

section.

4-204.13 Dispensing Equipment, Protection of Equipment

and Food.

In EQUIPMENT that dispenses or vends liquid FOOD or ice in

un

PACKAGED form:

(A) The delivery tube, chute, orifice, and splash surfaces directly

above the container receiving the

FOOD shall be designed in a

manner, such as with barriers, baffles, or drip aprons, so that drips

from condensation and splash are diverted from the opening of the

container receiving the FOOD;

Index 106

(B) The delivery tube, chute, and orifice shall be protected from

manual contact such as by being recessed;

(C) The delivery tube or chute and orifice of

EQUIPMENT used to vend

liquid

FOOD or ice in unPACKAGED form to self-service

CONSUMERS shall be designed so that the delivery tube or chute

and orifice are protected from dust, insects, rodents, and other

contamination by a self-closing door if the EQUIPMENT is:

(1) Located in an outside area that does not otherwise

afford the protection of an enclosure against the rain,

windblown debris, insects, rodents, and other

contaminants that are present in the environment, or

(2) Available for self-service during hours when it is not

under the full-time supervision of a FOOD EMPLOYEE; and

(D) The dispensing EQUIPMENT actuating lever or mechanism and

filling device of CONSUMER self-service BEVERAGE dispensing

EQUIPMENT shall be designed to prevent contact with the lip-

contact surface of glasses or cups that are refilled.

(E) Dispensing EQUIPMENT in which POTENTIALLY HAZARDOUS

FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) in a

homogenous liquid form is maintained outside of the

temperature control requirements as specified under §3-

501.16(A) shall:

(1) be specifically designed and equipped to maintain the

commercial sterility of aseptically PACKAGED FOOD in a

homogenous liquid form for a specified duration from the time

of opening the

PACKAGING within the EQUIPMENT;

P

and

(2) conform to the requirements for this EQUIPMENT as

specified in NSF/ANSI 18-2006- Manual Food and Beverage

Dispensing Equipment.

P

4-204.14 Vending Machine, Vending Stage Closure.

The dispensing compartment of a VENDING MACHINE including a

machine that is designed to vend pre

PACKAGED snack FOOD that is not

POTENTIALLY HAZARDOUS (TIME/TEMPERATURE CONTROL FOR SAFETY

FOOD

) such as chips, party mixes, and pretzels shall be equipped with

a self-closing door or cover if the machine is:

Index 10

7

(A) Located in an outside area that does not otherwise afford

the protection of an enclosure against the rain, windblown

debris, insects, rodents, and other contaminants that are

present in the environment; or

(B) Available for self-service during hours when it is not under the

full-time supervision of a FOOD EMPLOYEE.

4-204.15 Bearings and Gear Boxes, Leakproof.

EQUIPMENT containing bearings and gears that require lubricants shall

be designed and constructed so that the lubricant cannot leak, drip, or

be forced into

FOOD or onto FOOD-CONTACT SURFACES.

4-204.16 Beverage Tubing, Separation.

E

xcept for cold plates that are constructed integrally with an ice

s

torage bin, BEVERAGE tubing and cold-plate BEVERAGE cooling

devices may not be installed in contact with stored ice.

4-204.17 Ice Units, Separation of Drains.

Liquid waste drain lines may not pass through an ice machine or ice

storage bin.

4-204.18 Condenser Unit, Separation.

If a condenser unit is an integral component of

EQUIPMENT, the

condenser unit shall be separated from the

FOOD and FOOD storage

space by a dustproof barrier.

4-204.19 Can Openers on Vending Machines.

Cutting or piercing parts of can openers on

VENDING MACHINES shall

be protected from manual contact, dust, insects, rodents, and other

contamination.

Index 108

4-204.110 Molluscan Shellfish Tanks.

(A) Except as specified under ¶ (B) of this section, MOLLUSCAN

SHELLFISH

life support system display tanks may not be used to store

or display shellfish that are offered for human consumption and shall

be conspicuously marked so that it is obvious to the

CONSUMER that

the shellfish are for display only.

P

(B) M

OLLUSCAN SHELLFISH life-support system display tanks that are

used to store or display shellfish that are offered for human

consumption shall be operated and maintained in accordance with a

VARIANCE granted by the REGULATORY AUTHORITY as specified in

§ 8-103.10 and a HACCP PLAN that:

Pf

(1) Is submitted by the PERMIT HOLDER and APPROVED as specified

under § 8-103.11;

Pf

and

(2) Ensures that:

(a) Water used with FISH other than MOLLUSCAN SHELLFISH

does not flow into the molluscan tank,

Pf

(b) The safety and quality of the shellfish as they were

received are not compromised by the use of the tank,

Pf

and

(c) The identity of the source of the SHELLSTOCK is retained as

specified under § 3-203.12.

Pf

4-204.111 Vending Machines, Automatic Shutoff.

(A) A machine vending POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) shall have an

automatic control that prevents the machine from vending FOOD:

(1) If there is a power failure, mechanical failure, or other condition

that results in an internal machine temperature that cannot

maintain FOOD temperatures as specified under Chapter 3;

P

and

(2) If a condition specified under Subparagraph (A)(1) of this section

occurs, until the machine is serviced and restocked with

FOOD that

has been maintained at temperatures specified under Chapter 3.

P

Index 109

(B) When the automatic shutoff within a machine vending

POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

) is activated:

(1) In a refrigerated vending machine, the ambient air

temperature may not exceed 5

o

C (41

o

F) for more than 30

minutes immediately after the machine is filled, serviced, or

restocked;

P

or

(2) In a hot holding vending machine, the ambient air temperature

may not be less than 57

o

C (135

o

F) for more than 120 minutes

immediately after the machine is filled, serviced, or restocked.

P

4-204.112 Temperature Measuring Devices.

(A) In a mechanically refrigerated or hot FOOD storage unit, the sensor

of a TEMPERATURE MEASURING DEVICE shall be located to measure the

air temperature or a simulated product temperature in the warmest

p

art of a mechanically refrigerated unit and in the coolest part of a hot

FOOD storage unit.

(B) Except as specified in ¶ (C) of this section, cold or hot holding

EQUIPMENT used for POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) shall be designed to

include and shall be equipped with at least one integral or

p

ermanently affixed TEMPERATURE MEASURING DEVICE that is located

to allow easy viewing of the device's temperature display.

(C) Paragraph (B) of this section does not apply to EQUIPMENT for

which the placement of a

TEMPERATURE MEASURING DEVICE is not a

p

ractical means for measuring the ambient air surrounding the FOOD

because of the design, type, and use of the

EQUIPMENT, such as calrod

units, heat lamps, cold plates, bainmaries, steam tables, insulated

F

OOD transport containers, and salad bars.

(D) T

EMPERATURE MEASURING DEVICES shall be designed to be easily

readable.

(E) F

OOD TEMPERATURE MEASURING DEVICES and water

TEMPERATURE MEASURING DEVICES on WAREWASHING machines shall

have a numerical scale, printed record, or digital readout in

increments no greater than 1

o

C or 2

o

F in the intended range of use.

Pf

Index 110

4-204.113 Warewashing Machine, Data Plate Operating

Specifications.

A

WAREWASHING machine shall be provided with an easily accessible

and readable data plate affixed to the machine by the manufacturer

that indicates the machine’s design and operation specifications

including the:

(A) Temperatures required for washing, rinsing, and

SANITIZING;

(B) Pressure required for the fresh water SANITIZING rinse unless the

machine is designed to use only a pumped SANITIZING rinse; and

(C) Conveyor speed for conveyor machines or cycle time for

stationary rack machines.

4-204.114 Warewashing Machines, Internal Baffles.

WAREWASHING machine wash and rinse tanks shall be equipped with

baffles, curtains, or other means to minimize internal cross

contamination of the solutions in wash and rinse tanks.

4-204.115 Warewashing Machines, Temperature Measuring

Devices.

A WAREWASHING machine shall be equipped with a TEMPERATURE

MEASURING DEVICE

that indicates the temperature of the water:

(A) In each wash and rinse tank;

P

f

and

(B) As the water enters the hot water SANITIZING final rinse manifold

or in the chemical SANITIZING solution tank.

Pf

4-204.116 Manual Warewashing Equipment, Heaters and

Baskets.

If hot water is used for SANITIZATION in manual WAREWASHING

operations, the

SANITIZING compartment of the sink shall be:

(A) Designed with an integral heating device that is capable of

maintaining water at a temperature not less than 77

o

C (171

o

F);

Pf

and

Index 111

(B) Provided with a rack or basket to allow complete immersion of

equipment and utensils into the hot water.

Pf

4-204.117 Warewashing Machines, Automatic Dispensing of

Detergents and Sanitizers.

A

WAREWASHING machine that is installed after adoption of this Code

by the

REGULATORY AUTHORITY, shall be equipped to:

(A) Automatically dispense detergents and SANITIZERS;

P

f

and

(B) Incorporate a visual means to verify that detergents and

SANITIZERS are delivered or a visual or audible alarm to

signal if the detergents and SANITIZERS are not delivered to

the respective washing and SANITIZING cycles.

Pf

4-204.118 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

p

ressure in the supply line immediately before entering the

WAREWASHING machine; and

(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

6.4 millimeter or one-fourth inch Iron Pipe Size (IPS) valve.

(C) Paragraphs (A) and (B) of this section do not apply to a machine

that uses only a pumped or recirculated SANITIZING rinse.

4-204.119 Warewashing Sinks and Drainboards, Self-Draining.

Sinks and drainboards of WAREWASHING sinks and machines shall be

self-draining.

Index 112

4-204.120 Equipment Compartments, Drainage.

EQUIPMENT compartments that are subject to accumulation of

moisture due to conditions such as condensation,

FOOD or

BEVERAGE drip, or water from melting ice shall be sloped to an outlet

that allows complete draining.

4-204.121 Vending Machines, Liquid Waste Products.

(A) VENDING MACHINES designed to store BEVERAGES that are

PACKAGED in containers made from paper products shall be equipped

with diversion devices and retention pans or drains for container

leakage.

(B) VENDING MACHINES that dispense liquid FOOD in bulk shall be:

(1) Provided with an internally mounted waste receptacle for

the collection of drip, spillage, overflow, or other internal

wastes; and

(2) Equipped with an automatic shutoff device that will place the

machine out of operation before the waste receptacle overflows.

(C) Shutoff devices specified under Subparagraph (B)(2) of this

section shall prevent water or liquid FOOD from continuously running

if there is a failure of a flow control device in the water or liquid FOOD

system or waste accumulation that could lead to overflow of the waste

receptacle.

4-204.122 Case Lot Handling Apparatuses, Moveability.

Apparatuses, such as dollies, pallets, racks, and skids used to store

and transport large quantities of

PACKAGED FOODS received from a

supplier in a cased or overwrapped lot, shall be

designed to be moved by hand or by conveniently available

apparatuses such as hand trucks and forklifts.

4-204.123 Vending Machine Doors and Openings.

(A) V

ENDING MACHINE doors and access opening covers to FOOD and

container storage spaces shall be tight-fitting so that the space along

the entire interface between the doors or covers and the cabinet of the

machine, if the doors or covers are in a

Index 113

closed position, is no greater than 1.5 millimeters or one-sixteenth

inch by:

(1) Being covered with louvers, screens, or materials that provide an

equivalent opening of not greater than 1.5 millimeters or one-

sixteenth inch. Screening of 12 or more mesh to 2.5 centimeters

(12 mesh to 1 inch) meets this requirement;

(2) Being effectively gasketed;

(3) Having interface surfaces that are at least 13 millimeters or

one-half inch wide; or

(4) Jambs or surfaces used to form an L-shaped entry path to

the interface.

(B) VENDING MACHINE service connection openings through an

exterior wall of a machine shall be closed by sealants, clamps, or

grommets so that the openings are no larger than 1.5 millimeters or

one-sixteenth inch.

A

cceptabilit

y

4-205.10 Food Equipment, Certification and Classification.

FOOD EQUIPMENT that is certified or classified for sanitation by an

American National Standards Institute (ANSI)-accredited certification

p

rogram is deemed to comply with Parts 4-1 and 4-2 of this chapter.

4-3 NUMBERS AND CAPACITIES

Subparts

4-301 Equipment

4-302 Utensils, Temperature Measuring Devices,

and Testing Devices

E

quipmen

t

4-301.11 Cooling, Heating, and Holding Capacities.

E

QUIPMENT for cooling and heating FOOD, and holding cold and hot

FOOD, shall be sufficient in number and capacity to provide FOOD

temperatures as specified under Chapter 3.

Pf

Index 114

4-301.12 Manual Warewashing, Sink Compartment

Requirements.

(A) Except as specified in ¶ (C) of this section, a sink with at least

3 compartments shall be provided for manually washing, rinsing, and

SANITIZING EQUIPMENT and UTENSILS.

Pf

(B) Sink compartments shall be large enough to accommodate

immersion of the largest

EQUIPMENT and UTENSILS. If EQUIPMENT or

UTENSILS are too large for the WAREWASHING sink, a WAREWASHING

machine or alternative EQUIPMENT as specified in ¶ (C) of this section

shall be used.

Pf

(C) Alternative manual

WAREWASHING EQUIPMENT may be used when

there are special cleaning needs or constraints and its use is

A

PPROVED. Alternative manual WAREWASHING EQUIPMENT may

include:

(1) High-pressure detergent sprayers;

(2) Low- or line-pressure spray detergent foamers;

(3) Other task-specific cleaning EQUIPMENT;

(4) Brushes or other implements;

(5) 2-compartment sinks as specified under ¶¶ (D) and (E) of this

section; or

(6) Receptacles that substitute for the compartments of a

multicompartment sink.

(D) Before a 2-compartment sink is used:

(1) The

PERMIT HOLDER shall have its use APPROVED; and

(2) The

PERMIT HOLDER shall limit the number of KITCHENWARE items

cleaned and SANITIZED in the 2-compartment sink, and shall limit

WAREWASHING to batch operations for cleaning KITCHENWARE

such as between cutting one type of raw MEAT and another or

cleanup at the end of a shift, and shall:

(a) Make up the cleaning and

SANITIZING solutions

immediately before use and drain them immediately after use,

and

Index 115

(b) Use a detergent-SANITIZER to SANITIZE and apply the

detergent-SANITIZER in accordance with the manufacturer’s

label instructions and as specified under § 4-501.115, or

(c) Use a hot water SANITIZATION immersion step as specified

under ¶ 4-603.16(C).

(E) A 2-compartment sink may not be used for WAREWASHING

operations where cleaning and

SANITIZING solutions are used for a

continuous or intermittent flow of

KITCHENWARE or TABLEWARE in an

ongoing WAREWASHING process.

4-301.13 Drainboards.

Drainboards, UTENSIL racks, or tables large enough to accommodate

all soiled and cleaned items that may

accumulate during hours of operation shall be provided for necessary

UTENSIL holding before cleaning and after SANITIZING.

4-301.14 Ventilation Hood Systems, Adequacy.

Ventilation hood systems and devices shall be sufficient in number

and capacity to prevent grease or condensation from collecting on

walls and ceilings.

4-301.15 Clothes Washers and Dryers.

(A) Except as specified in ¶ (B) of this section, if work clothes or

LINENS are laundered on the PREMISES, a mechanical clothes washer

and dryer shall be provided and used.

(B) If on-PREMISES laundering is limited to wiping cloths intended to

be used moist, or wiping cloths are air-dried as specified under

§ 4-901.12, a mechanical clothes washer and dryer need not be

p

rovided.

Utensils,

Temperature

M

easurin

g

D

evices, and

Testing Devices

4-302.11 Utensils, Consumer Self-Service.

A

FOOD dispensing UTENSIL shall be available for each container

displayed at a

CONSUMER self-service unit such as a buffet or salad

bar.

Pf

Index 116

4-302.12 Food Temperature Measuring Devices.

(A)

FOOD TEMPERATURE MEASURING DEVICES shall be provided and

readily accessible for use in ensuring attainment and maintenance of

FOOD temperatures as specified under Chapter 3.

Pf

(B) A TEMPERATURE MEASURING DEVICE with a suitable small-

diameter probe that is designed to measure the temperature of thin

masses shall be provided and readily accessible to accurately measure

the temperature in thin FOODS such as MEAT patties and FISH filets.

Pf

4-302.13 Temperature Measuring Devices, Manual

Warewashing.

In manual WAREWASHING operations, a TEMPERATURE MEASURING

DEVICE

shall be provided and readily accessible for frequently

measuring the washing and SANITIZING temperatures.

4-302.14 Sanitizing Solutions, Testing Devices.

A test kit or other device that accurately measures the concentration i

n

MG/L of SANITIZING solutions shall be provided.

Pf

4-4 LOCATION AND INSTALLATION

Subparts

4-401 Location

4-402 Installation

L

ocation 4-401.11 Equipment, Clothes Washers and Dryers, and

Storage Cabinets, Contamination Prevention.

(A) Except as specified in ¶ (B) of this section, EQUIPMENT, a cabinet

used for the storage of

FOOD, or a cabinet that is used to store cleaned

and SANITIZED EQUIPMENT, UTENSILS, laundered LINENS, and SINGLE-

SERVICE and SINGLE-USE ARTICLES may not be located:

(1) In locker rooms;

(2) In toilet rooms;

Index 11

7

(3) In garbage rooms;

(4) In mechanical rooms;

(5) Under sewer lines that are not shielded to intercept potential

drips;

(6) Under leaking water lines including leaking automatic fire

sprinkler heads or under lines on which water has

condensed;

(7) Under open stairwells; or

(8) Under other sources of contamination.

(B) A storage cabinet used for LINENS or SINGLE-SERVICE or SINGLE-

USE ARTICLES may be stored in a locker room.

(C) If a mechanical clothes washer or dryer is provided, it shall be

located so that the washer or dryer is protected from contamination

and only where there is no exposed FOOD; clean EQUIPMENT,

UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-

USE ARTICLES.

I

nstallation 4-402.11 Fixed Equipment, Spacing or Sealing.

(A) EQUIPMENT that is fixed because it is not EASILY MOVABLE shall

be installed so that it is:

(1) Spaced to allow access for cleaning along the sides, behind, and

above the

EQUIPMENT;

(2) Spaced from adjoining

EQUIPMENT, walls, and ceilings a distance

of not more than 1 millimeter or one thirty-second inch; or

(3) S

EALED to adjoining EQUIPMENT or walls, if the EQUIPMENT is

exposed to spillage or seepage.

(B) C

OUNTER-MOUNTED EQUIPMENT that is not EASILY MOVABLE shall

be installed to allow cleaning of the

EQUIPMENT and areas underneath

and around the

EQUIPMENT by being:

(1) SEALED; or

Index 118

(2) Elevated on legs as specified under ¶ 4-402.12(D).

4-402.12 Fixed Equipment, Elevation or Sealing.

(A) Except as specified in ¶¶ (B) and (C) of this section, floor-

mounted EQUIPMENT that is not EASILY MOVABLE shall be SEALED to

the floor or elevated on legs that provide at least a 15 centimeter (6

inch) clearance between the floor and the

EQUIPMENT.

(B) If no part of the floor under the floor-mounted

EQUIPMENT is more

than 15 centimeters (6 inches) from the point of cleaning access, the

clearance space may be only 10 centimeters (4 inches).

(C) This section does not apply to display shelving units, display

refrigeration units, and display freezer units located in the CONSUMER

s

hopping areas of a retail FOOD store, if the floor under the units is

maintained clean.

(D) Except as specified in ¶ (E) of this section, COUNTER-MOUNTED

EQUIPMENT that is not EASILY MOVABLE shall be elevated on legs that

p

rovide at least a 10 centimeter (4 inch) clearance between the table

and the EQUIPMENT.

(E) The clearance space between the table and COUNTER-MOUNTED

E

QUIPMEN

T

may be:

(1) 7.5 centimeters (3 inches) if the horizontal distance of the table

top under the EQUIPMENT is no more than 50 centimeters (20

inches) from the point of access for cleaning; or

(2) 5 centimeters (2 inches) if the horizontal distance of the table top

under the EQUIPMENT is no more than 7.5 centimeters (3 inches)

from the point of access for cleaning

Index 119

4-5 MAINTENANCE AND OPERATION

Subparts

4-501 Equipment

4-502 Utensils and Temperature and Pressure

Measuring Devices

E

quipmen

t

4-501.11 Good Repair and Proper Adjustment.

(A) E

QUIPMENT shall be maintained in a state of repair and condition

that meets the requirements specified under Parts 4-1 and 4-2.

(B) E

QUIPMENT components such as doors, seals, hinges, fasteners,

and kick plates shall be kept intact, tight, and adjusted in accordance

with manufacturer's specifications.

(C) Cutting or piercing parts of can openers shall be kept sharp to

minimize the creation of metal fragments that can contaminate FOOD

when the container is opened.

4-501.12 Cutting Surfaces.

Surfaces such as cutting blocks and boards that are subject to

scratching and scoring shall be resurfaced if they can no longer be

effectively cleaned and SANITIZED, or discarded if they are not

capable of being resurfaced.

4-501.13 Microwave Ovens.

Microwave ovens shall meet the safety standards specified in 21 CFR

1030.10 Microwave ovens.

4-501.14 Warewashing Equipment, Cleaning Frequency.

A WAREWASHING machine; the compartments of sinks, basins, or

other receptacles used for washing and rinsing EQUIPMENT, UTENSILS,

or raw

FOODS, or laundering wiping cloths; and drainboards or other

EQUIPMENT used to substitute for drainboards as specified under

§ 4-301.13 shall be cleaned:

Index 120

(A) Before use;

(B) Throughout the day at a frequency necessary to prevent

recontamination of

EQUIPMENT and UTENSILS and to ensure that

the

EQUIPMENT performs its intended function; and

(C) If used, at least every 24 hours.

4-501.15 Warewashing Machines, Manufacturers'

Operating Instructions.

(A) A WAREWASHING machine and its auxiliary components shall be

operated in accordance with the machine's data plate and other

manufacturer's instructions.

(B) A WAREWASHING machine's conveyor speed or automatic cycle

times shall be maintained accurately timed in accordance with

manufacturer's specifications.

4-501.16 Warewashing Sinks, Use Limitation.

(A) A WAREWASHING sink may not be used for handwashing as

specified under § 2-301.15.

(B) If a WAREWASHING sink is used to wash wiping cloths, wash

p

roduce, or thaw FOOD, the sink shall be cleaned as specified under

§ 4-501.14 before and after each time it is used to wash wiping cloths

or wash produce or thaw FOOD. Sinks used to wash or thaw FOOD

shall be

SANITIZED as specified under Part 4-7 before and after using

the sink to wash produce or thaw FOOD.

4-501.17 Warewashing Equipment, Cleaning Agents.

When used for

WAREWASHING, the wash compartment of a sink,

mechanical warewasher, or wash receptacle of alternative manual

WAREWASHING EQUIPMENT as specified in ¶ 4-301.12(C), shall

contain a wash solution of soap, detergent, acid cleaner, alkaline

cleaner, degreaser, abrasive cleaner, or other cleaning agent according

to the cleaning agent manufacturer's label instructions.

Pf

Index 121

4-501.18 Warewashing Equipment, Clean Solutions.

The wash, rinse, and SANITIZE solutions shall be maintained clean.

4-501.19 Manual Warewashing Equipment, Wash Solution

Temperature.

The temperature of the wash solution in manual

WAREWASHING

EQUIPMENT shall be maintained at not less than 43

o

C (110

o

F) or the

temperature specified on the cleaning agent manufacturer's label

instructions.

Pf

4-501.110 Mechanical Warewashing Equipment, Wash Solution

Temperature.

(A) The temperature of the wash solution in spray type warewashers

that use hot water to SANITIZE may not be less than:

(1) For a stationary rack, single temperature machine, 74

o

C (165

o

F);

P

f

(2) For a stationary rack, dual temperature machine, 66

o

C (150

o

F);

P

f

(3) For a single tank, conveyor, dual temperature machine, 71

o

C

(160

o

F);

Pf

or

(4) For a multitank, conveyor, multitemperature machine, 66

o

C

(150

o

F).

Pf

(B) The temperature of the wash solution in spray-type warewashers

that use chemicals to

SANITIZE may not be less than 49

o

C (120

o

F).

Pf

4-501.111 Manual Warewashing Equipment, Hot Water

Sanitization Temperatures.

If immersion in hot water is used for

SANITIZING in a manual

operation, the temperature of the water shall be maintained at 77

o

C

(171

o

F) or above.

P

Index 122

4-501.112 Mechanical Warewashing Equipment, Hot Water

Sanitization Temperatures.

(A) Except as specified in ¶ (B) of this section, in a mechanical

operation, the temperature of the fresh hot water SANITIZING rinse as

it enters the manifold may not be more than 90

o

C (194

o

F), or less

than:

Pf

(1) For a stationary rack, single temperature machine, 74

o

C (165

o

F);

P

f

or

(2) For all other machines, 82

o

C (180

o

F).

P

f

(B) The maximum temperature specified under ¶ (A) of this section,

does not apply to the high pressure and temperature systems with

wand-type, hand-held, spraying devices used for the in-place

cleaning and SANITIZING of EQUIPMENT such as meat saws.

4-501.113 Mechanical Warewashing Equipment, Sanitization

Pressure.

The flow pressure of the fresh hot water SANITIZING rinse in a

WAREWASHING machine, as measured in the water line immediately

downstream or upstream from the fresh hot water SANITIZING rinse

control value, shall be within the range specified on the machine

manufacturer’s data plate and may not be less than 35 kilopascals (5

p

ounds per square inch) or more than 200 kilopascals (30 pounds per

square inch).

4-501.114 Manual and Mechanical Warewashing Equipment,

Chemical Sanitization - Temperature, pH,

Concentration, and Hardness.

A chemical

SANITIZER used in a SANITIZING solution for a manual or

mechanical operation at contact times specified under ¶ 4-703.11(C)

shall meet the criteria specified under § 7-204.11 Sanitizers, Criteria,

shall be used in accordance with the EPA-registered label use

instructions, and shall be used as follows

P

:

(A) A chlorine solution shall have a minimum temperature based

on the concentration and

PH of the solution as listed in the

following chart;

P

Index 123

Concentration

Range

Minimum Temperature

MG/L

PH 10 or less

o

C (

o

F)

PH 8 or less

o

C (

o

F)

25 – 49 49 (120)

49 (120)

50 – 99 38 (100)

24 ( 75)

100 13 ( 55)

13 ( 55)

(B) An iodine solution shall have a:

(1) Minimum temperature of 20°C (68°F),

P

(2) PH of 5.0 or less or a PH no higher than the level for

which the manufacturer specifies the solution is

effective,

P

and

(3) Concentration between 12.5 MG/L and 25 MG/L;

P

(C) A quaternary ammonium compound solution shall:

(1) Have a minimum temperature of 24

o

C (75

o

F),

P

(2) Have a concentration as specified under § 7-204.11 and

as indicated by the manufacturer's use directions

included in the labeling,

P

and

(3) Be used only in water with 500

MG/L hardness or less or

in water having a hardness no greater than specified by

the EPA-registered label use instructions;

P

(D) If another solution of a chemical specified under ¶¶ (A) - (C) of

this section is used, the

PERMIT HOLDER shall demonstrate to the

REGULATORY AUTHORITY that the solution achieves SANITIZATION

and the use of the solution shall be

APPROVED;

P

or

(E) If a chemical SANITIZER other than chlorine, iodine, or a

quaternary ammonium compound is used, it shall be applied in

accordance with the EPA-registered label use instructions.

P

Index 124

4-501.115 Manual Warewashing Equipment, Chemical

Sanitization Using Detergent-Sanitizers.

If a detergent-

SANITIZER is used to SANITIZE in a cleaning and

SANITIZING procedure where there is no distinct water rinse between

the washing and SANITIZING steps, the agent applied in the SANITIZING

step shall be the same detergent-SANITIZER that is used in the washing

step.

4-501.116 Warewashing Equipment, Determining Chemical

Sanitizer Concentration.

Concentration of the

SANITIZING solution shall be accurately

determined by using a test kit or other device.

Pf

Utensils and

Temperature

and Pressure

M

easurin

g

Devices

4-502.11 Good Repair and Calibration.

(A) UTENSILS shall be maintained in a state of repair or condition that

complies with the requirements specified under Parts 4-1 and 4-2 or

shall be discarded.

(B) FOOD TEMPERATURE MEASURING DEVICES shall be calibrated in

accordance with manufacturer's specifications as necessary to ensure

their accuracy.

Pf

(C) Ambient air temperature, water pressure, and water TEMPERATURE

MEASURING DEVICES

shall be maintained in good repair and be

accurate within the intended range of use.

4-502.12 Single-Service and Single-Use Articles, Required

Use.

A

FOOD ESTABLISHMENT without facilities specified under Parts 4-6

and 4-7 for cleaning and

SANITIZING KITCHENWARE and TABLEWARE

shall provide only SINGLE-USE KITCHENWARE, SINGLE-SERVICE

ARTICLES, and SINGLE-USE ARTICLES for use by FOOD EMPLOYEES AND

SINGLE

-SERVICE ARTICLES for use by CONSUMERS.

P

4-502.13 Single-Service and Single-Use Articles, Use

Limitation.

(A) SINGLE-SERVICE and SINGLE-USE ARTICLES may not be reused.

Index 125

(B) The bulk milk container dispensing tube shall be cut on the

diagonal leaving no more than one inch protruding from the chilled

dispensing head.

4-502.14 Shells, Use Limitation.

Mollusk and crustacea shells may not be used more than once as

serving containers.

4-6 CLEANING OF EQUIPMENT AND UTENSILS

Subparts

4-601 Objective

4-602 Frequency

4-603 Methods

Objective 4-601.11 Equipment, Food-Contact Surfaces, Nonfood-

Contact Surfaces, and Utensils.

(A) EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean

to sight and touch.

Pf

(B) The FOOD-CONTACT SURFACES of cooking EQUIPMENT and pans

shall be kept free of encrusted grease deposits and other soil

accumulations.

(C) NonFOOD-CONTACT SURFACES of EQUIPMENT shall be kept free of

an accumulation of dust, dirt,

FOOD residue, and other debris.

Frequency 4-602.11 Equipment Food-Contact Surfaces and Utensils.

(A) EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be

cleaned:

(1) Except as specified in ¶ (B) of this section, before each use with a

different type of raw animal

FOOD such as beef, FISH, lamb, pork,

or

POULTRY;

P

(2) Each time there is a change from working with raw

FOODS to

working with

READY-TO-EAT FOODS;

P

Index 126

(3) Between uses with raw fruits and vegetables and with POTENTIALLY

HAZARDOUS

FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY

FOOD

);

P

(4) Before using or storing a

FOOD TEMPERATURE MEASURING DEVICE;

P

and

(5) At any time during the operation when contamination may have

occurred.

P

(B) Subparagraph (A)(1) of this section does not apply if the FOOD-

CONTACT SURFACE or UTENSIL is in contact with a succession of

different raw animal FOODS each requiring a higher cooking

temperature as specified under § 3-401.11 than the previous FOOD,

s

uch as preparing raw FISH followed by cutting raw poultry on the

s

ame cutting board.

(C) Except as specified in ¶ (D) of this section, if used with

POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

), EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS

shall be cleaned throughout the day at least every 4 hours.

P

(D) Surfaces of UTENSILS and EQUIPMENT contacting POTENTIALLY

H

AZARDOU

S

FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) may

be cleaned less frequently than every 4 hours if:

(1) In storage, containers of POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) and their contents

are maintained at temperatures specified under Chapter 3 and the

containers are cleaned when they are empty;

(2) UTENSILS and EQUIPMENT are used to prepare FOOD in a

refrigerated room or area that is maintained at one of the

temperatures in the following chart and:

(a) The UTENSILS and EQUIPMENT are cleaned at the frequency in

the following chart that corresponds to the temperature; and

Index 12

7

Cleaning

Temperature Frequency

5.0

o

C (41

o

F) or less 24 hours

>5.0

o

C - 7.2

o

C 20 hours

(>41

o

F - 45

o

F)

>7.2

o

C - 10.0

o

C 16 hours

(>45

o

F - 50

o

F)

>10.0

o

C - 12.8

o

C 10 hours

(>50

o

F - 55

o

F)

(b) The cleaning frequency based on the ambient temperature

of the refrigerated room or area is documented in the

FOOD

ESTABLISHMENT

.

(3) Containers in serving situations such as salad bars, delis, and

cafeteria lines hold READY-TO-EAT POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) that is maintained

at the temperatures specified under Chapter 3, are intermittently

combined with additional supplies of the same FOOD that is at the

required temperature, and the containers are cleaned at least

every 24 hours;

(4) TEMPERATURE MEASURING DEVICES are maintained in contact with

FOOD, such as when left in a container of deli FOOD or in a roast,

held at temperatures specified under Chapter 3;

(5) EQUIPMENT is used for storage of PACKAGED or unPACKAGED FOOD

such as a reach-in refrigerator and the

EQUIPMENT is cleaned at a

frequency necessary to preclude accumulation of soil residues;

(6) The cleaning schedule is

APPROVED based on consideration of:

(a) Characteristics of the EQUIPMENT and its use,

(b) The type of

FOOD involved,

(c) The amount of

FOOD residue accumulation, and

(d) The temperature at which the FOOD is maintained during the

operation and the potential for the rapid and progressive

Index 128

multiplication of pathogenic or toxigenic microorganisms that

are capable of causing foodborne disease; or

(7) In-use UTENSILS are intermittently stored in a container of water in

which the water is maintained at 57

o

C (135

o

F) or more and the

UTENSILS and container are cleaned at least every 24 hours or at a

frequency necessary to preclude accumulation of soil residues.

(E) Except when dry cleaning methods are used as specified under

§ 4-603.11, surfaces of UTENSILS and EQUIPMENT contacting FOOD that

is not POTENTIALLY HAZARDOUS (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

) shall be cleaned:

(1) At any time when contamination may have occurred;

(2) At least every 24 hours for iced tea dispensers and CONSUMER

self-service UTENSILS such as tongs, scoops, or ladles;

(3) Before restocking CONSUMER self-service EQUIPMENT and

UTENSILS such as condiment dispensers and display containers;

and

(4) In EQUIPMENT such as ice bins and BEVERAGE dispensing nozzles

and enclosed components of EQUIPMENT such as ice makers,

cooking oil storage tanks and distribution lines,

BEVERAGE and syrup dispensing lines or tubes, coffee bean

grinders, and water vending EQUIPMENT:

(a) At a frequency specified by the manufacturer, or

(b) Absent manufacturer specifications, at a frequency necessary to

preclude accumulation of soil or mold.

4-602.12 Cooking and Baking Equipment.

(A) The FOOD-CONTACT SURFACES of cooking and baking EQUIPMENT

shall be cleaned at least every 24 hours. This section does not apply to

hot oil cooking and filtering EQUIPMENT if it is cleaned as specified in

Subparagraph 4-602.11(D)(6).

(B) The cavities and door seals of microwave ovens shall be cleaned at

least every 24 hours by using the manufacturer's recommended

cleaning procedure.

Index 129

4-602.13 Nonfood-Contact Surfaces.

N

onFOOD-CONTACT SURFACES of EQUIPMENT shall be cleaned at a

frequency necessary to preclude accumulation of soil residues.

M

ethods 4-603.11 Dry Cleaning.

(A) If used, dry cleaning methods such as brushing, scraping, and

vacuuming shall contact only SURFACES that are soiled with dry FOOD

residues that are not POTENTIALLY HAZARDOUS (TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD

).

(B) Cleaning

EQUIPMENT used in dry cleaning FOOD-CONTACT

SURFACES may not be used for any other purpose.

4-603.12 Precleaning.

(A) FOOD debris on EQUIPMENT and UTENSILS shall be scrapped over a

waste disposal unit or garbage receptacle or shall be removed in a

WAREWASHING machine with a prewash cycle.

(B) If necessary for effective cleaning, UTENSILS and EQUIPMENT shall

be preflushed, presoaked, or scrubbed with abrasives.

4-603.13 Loading of Soiled Items, Warewashing Machines.

Soiled items to be cleaned in a WAREWASHING machine shall be loaded

into racks, trays, or baskets or onto conveyors in a position that:

(A) Exposes the items to the unobstructed spray from all cycles;

and

(B) Allows the items to drain.

4-603.14 Wet Cleaning.

(A) E

QUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be

effectively washed to remove or completely loosen soils by using the

manual or mechanical means necessary such as the application of

detergents containing wetting agents and emulsifiers; acid, alkaline, or

abrasive cleaners; hot water; brushes; scouring pads; high-pressure

sprays; or ultrasonic devices.

Index 130

(B) The washing procedures selected shall be based on the type and

p

urpose of the EQUIPMENT or UTENSIL, and on the type of soil to be

removed.

4-603.15 Washing, Procedures for Alternative Manual

Warewashing Equipment.

If washing in sink compartments or a WAREWASHING machine is

impractical such as when the EQUIPMENT is fixed or the UTENSILS are

too large, washing shall be done by using alternative manual

WAREWASHING EQUIPMENT as specified in ¶ 4-301.12(C) in accordance

with the following procedures:

(A) EQUIPMENT shall be disassembled as necessary to allow access of

the detergent solution to all parts;

(B) EQUIPMENT components and UTENSILS shall be scrapped or rough

cleaned to remove FOOD particle accumulation; and

(C) EQUIPMENT and UTENSILS shall be washed as specified under

¶ 4-603.14(A).

4-603.16 Rinsing Procedures.

Washed UTENSILS and EQUIPMENT shall be rinsed so that abrasives are

removed and cleaning chemicals are removed or diluted through the

use of water or a detergent-sanitizer solution by using one of the

following procedures:

(A) Use of a distinct, separate water rinse after washing and before

SANITIZING if using:

(1) A 3-compartment sink,

(2) Alternative manual

WAREWASHING EQUIPMENT equivalent

to a 3-compartment sink as specified in ¶ 4-301.12(C), or

(3) A 3-step washing, rinsing, and

SANITIZING procedure in a

WAREWASHING system for CIP EQUIPMENT;

(B) Use of a detergent-

SANITIZER as specified under § 4-501.115 if

using:

Index 131

(1) Alternative WAREWASHING EQUIPMENT as specified in

¶ 4-301.12(C) that is APPROVED for use with a detergent-

sANITIZER, or

(2) A WAREWASHING system for CIP EQUIPMENT;

(C) Use of a nondistinct water rinse that is integrated in the hot water

SANITIZATION immersion step of a 2-compartment sink operation;

(D) If using a WAREWASHING machine that does not recycle the

SANITIZING solution as specified under ¶ (E) of this section, or

alternative manual WAREWASHING EQUIPMENT such as sprayers,

use of a nondistinct water rinse that is:

(1) Integrated in the application of the SANITIZING solution, and

(2) Wasted immediately after each application; or

(E) If using a WAREWASHING machine that recycles the SANITIZING

solution for use in the next wash cycle, use of a nondistinct water

rinse that is integrated in the application of the SANITIZING

solution.

4-603.17 Returnables, Cleaning for Refilling.

(A) Except as specified in ¶¶ (B) and (C) of this section, returned

empty containers intended for cleaning and refilling with FOOD shall be

cleaned and refilled in a regulated FOOD PROCESSING PLANT.

P

(B) A

FOOD-specific container for BEVERAGES may be refilled at a

F

OOD ESTABLISHMENT if:

(1) Only a BEVERAGE that is not a POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) is used as

specified under ¶ 3-304.17(A);

(2) The design of the container and of the rinsing

EQUIPMENT and the

nature of the BEVERAGE, when considered together, allow effective

cleaning at home or in the

FOOD ESTABLISHMENT;

(3) Facilities for rinsing before refilling returned containers with

fresh, hot water that is under pressure and not recirculated are

provided as part of the dispensing system;

(4) The CONSUMER-owned container returned to the FOOD

Index 132

ESTABLISHMENT

f

or refilling is refilled for sale or service only to the

same CONSUMER; and

(5) The container is refilled by:

(a) An EMPLOYEE of the FOOD ESTABLISHMENT, or

(b) The owner of the container if the BEVERAGE system includes

a contamination-free transfer process that cannot be bypassed

by the container owner.

(C) CONSUMER-owned containers that are not FOOD-specific may be

f

illed at a water VENDING MACHINE or system.

4-7 SANITIZATION OF EQUIPMENT AND UTENSILS

Subparts

4-701 Objective

4-702 Frequency

4-703 Methods

Objective 4-701.10 Food-Contact Surfaces and Utensils.

EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be

SANITIZED.

Frequency 4-702.11 Before Use After Cleaning.

U

TENSILS and FOOD-CONTACT SURFACES of EQUIPMENT shall be

SANITIZED before use after cleaning.

P

Methods 4-703.11 Hot Water and Chemical.

After being cleaned, EQUIPMENT FOOD-CONTACT SURFACES and

UTENSILS shall be SANITIZED in:

(A) Hot water manual operations by immersion for at least 30 seconds

and as specified under § 4-501.111;

P

Index 133

(B) Hot water mechanical operations by being cycled through

EQUIPMENT that is set up as specified under §§ 4-501.15, 4-501.112,

and 4-501.113 and achieving a UTENSIL surface temperature of 71

o

C

(160

o

F) as measured by an irreversible registering temperature

indicator;

P

or

(C) Chemical manual or mechanical operations, including the

application of SANITIZING chemicals by immersion, manual

swabbing, brushing, or pressure spraying methods, using a solution

as specified under § 4-501.114. Contact times shall be consistent

with those on EPA-registered label use instructions by providing:

(1) Except as specified under Subparagraph (C)(2) of this

section, a contact time of at least 10 seconds for a chlorine

solution specified under ¶ 4-501.114(A),

P

(2) A contact time of at least 7 seconds for a chlorine solution of 50

MG/L that has a PH of 10 or less and a temperature of at least

38

o

C (100

o

F) or a PH of 8 or less and a temperature of at least

24

o

C (75

o

F),

P

(3) A contact time of at least 30 seconds for other chemical

SANITIZING solutions,

P

or

(4) A contact time used in relationship with a combination of

temperature, concentration, and PH that, when evaluated for

efficacy, yields SANITIZATION as defined in ¶ 1-201.10(B).

P

4-8 LAUNDERING

Subparts

4-801 Objective

4-802 Frequency

4-803 Methods

Objective 4-801.11 Clean Linens.

Clean

LINENS shall be free from FOOD residues and other soiling matter.

Index 134

Frequency 4-802.11 Specifications.

(A) LINENS that do not come in direct contact with FOOD shall be

laundered between operations if they become wet, sticky, or visibly

soiled.

(B) Cloth gloves used as specified in ¶ 3-304.15(D) shall be laundered

before being used with a different type of raw animal FOOD such as

beef,

FISH, lamb, pork or POULTRY.

(C) L

INENS and napkins that are used as specified under § 3-304.13 and

cloth napkins shall be laundered between each use.

(D) Wet wiping cloths shall be laundered daily.

(E) Dry wiping cloths shall be laundered as necessary to prevent

contamination of FOOD and clean serving UTENSILS.

M

ethods 4-803.11 Storage of Soiled Linens.

Soiled LINENS shall be kept in clean, nonabsorbent receptacles or clean,

washable laundry bags and stored and transported to prevent

contamination of FOOD, clean EQUIPMENT, clean UTENSILS, and SINGLE-

SERVICE and SINGLE-USE ARTICLES.

4-803.12 Mechanical Washing.

(A) Except as specified in ¶ (B) of this section, LINENS shall be

mechanically washed.

(B) In FOOD ESTABLISHMENTS in which only wiping cloths are laundered

as specified in ¶ 4-301.15(B), the wiping cloths may be laundered in a

mechanical washer, sink designated only for laundering wiping cloths,

or a

WAREWASHING or FOOD preparation sink that is cleaned as

s

pecified under § 4-501.14.

4-803.13 Use of Laundry Facilities.

(A) Except as specified in ¶ (B) of this section, laundry facilities on the

PREMISES of a FOOD ESTABLISHMENT shall be used only for the washing

and drying of items used in the operation of the establishment.

(B) Separate laundry facilities located on the

PREMISES for the purpose

Index 135

of general laundering such as for institutions providing boarding and

lodging may also be used for laundering FOOD ESTABLISHMENT items.

4-9 PROTECTION OF CLEAN ITEMS

Subparts

4-901 Drying

4-902 Lubricating and Reassembling

4-903 Storing

4-904 Preventing Contamination

D

r

y

in

g

4-901.11 Equipment and Utensils, Air-Drying Required.

After cleaning and SANITIZING, EQUIPMENT and UTENSILS:

(A) Shall be air-dried or used after adequate draining as specified in the

first paragraph of 40 CFR 180.940 Tolerance exemptions for active

and inert ingredients for use in antimicrobial formulations (food-

contact surface SANITIZING solutions), before contact with FOOD;

and

(B) May not be cloth dried except that UTENSILS that have been air-

dried may be polished with cloths that are maintained clean and

dry.

4-901.12 Wiping Cloths, Air-Drying Locations.

Wiping cloths laundered in a

FOOD ESTABLISHMENT that does not have a

mechanical clothes dryer as specified in ¶ 4-301.15(B) shall be air-dried

in a location and in a manner that prevents contamination of

FOOD,

EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE

ARTICLES and the wiping cloths. This section does not apply if wiping

cloths are stored after laundering in a SANITIZING solution as specified

under § 4-501.114.

L

ubricatin

g

and

R

eassemblin

g

4-902.11 Food-Contact Surfaces.

Lubricants as specified under § 7-205.11 shall be applied to

FOOD-

CONTACT SURFACES that require lubrication in a manner that does not

contaminate

FOOD-CONTACT SURFACES.

Index 136

4-902.12 Equipment.

EQUIPMENT shall be reassembled so that FOOD-CONTACT SURFACES are

not contaminated.

S

torin

g

4-903.11 Equipment, Utensils, Linens, and Single-Service and

Single-Use Articles.

(A) Except as specified in ¶ (D) of this section, cleaned EQUIPMENT and

UTENSILS, laundered LINENS, and SINGLE-SERVICE and SINGLE-USE

ARTICLES shall be stored:

(1) In a clean, dry location;

(2) Where they are not exposed to splash, dust, or other

contamination; and

(3) At least 15 cm (6 inches) above the floor.

(B) Clean

EQUIPMENT and UTENSILS shall be stored as specified under

¶ (A) of this section and shall be stored:

(1) In a self-draining position that allows air drying; and

(2) Covered or inverted.

(C) SINGLE-SERVICE and SINGLE-USE ARTICLES shall be stored as

specified under ¶ (A) of this section and shall be kept in the original

p

rotective PACKAGE or stored by using other means that afford

p

rotection from contamination until used.

(D) Items that are kept in closed

PACKAGES may be stored less than 15

cm (6 inches) above the floor on dollies, pallets, racks, and skids that

are designed as specified under § 4-204.122.

4-903.12 Prohibitions.

(A) Except as specified in ¶ (B) of this section, cleaned and

SANITIZED

EQUIPMENT, UTENSILS, laundered LINENS, and SINGLE-SERVICE and

SINGLE-USE ARTICLES may not be stored:

Index 13

7

(1) In locker rooms;

(2) In toilet rooms;

(3) In garbage rooms;

(4) In mechanical rooms;

(5) Under sewer lines that are not shielded to intercept potential

drips;

(6) Under leaking water lines including leaking automatic fire

sprinkler heads or under lines on which water has condensed;

(7) Under open stairwells; or

(8) Under other sources of contamination.

(B) Laundered LINENS and SINGLE-SERVICE and SINGLE-USE ARTICLES

that are PACKAGED or in a facility such as a cabinet may be stored in a

locker room.

P

reventin

g

Contamination

4-904.11 Kitchenware and Tableware.

(A) SINGLE-SERVICE and SINGLE-USE ARTICLES and cleaned and

SANITIZED UTENSILS shall be handled, displayed, and dispensed so that

contamination of FOOD- and lip-contact surfaces is prevented.

(B) Knives, forks, and spoons that are not prewrapped shall be

p

resented so that only the handles are touched by EMPLOYEES and by

CONSUMERS if CONSUMER self-service is provided.

(C) Except as specified under ¶ (B) of this section,

SINGLE-SERVICE

ARTICLES that are intended for FOOD- or lip-contact shall be furnished

for CONSUMER self-service with the original individual wrapper intact or

from an APPROVED dispenser.

4-904.12 Soiled and Clean Tableware.

Soiled TABLEWARE shall be removed from CONSUMER eating and

drinking areas and handled so that clean

TABLEWARE is not

contaminated.

Index 138

4-904.13 Preset Tableware.

(A) Except as specified in ¶ (B) of this section, TABLEWARE that is

p

reset shall be protected from contamination by being wrapped,

covered, or inverted.

(B) Preset

TABLEWARE may be exposed if:

(1) Unused settings are removed when a CONSUMER is seated; or

(2) Settings not removed when a CONSUMER is seated are cleaned and

SANITIZED before further use.

4-904.14 Rinsing Equipment and Utensils after Cleaning and

Sanitizing.

After being cleaned and SANITIZED, EQUIPMENT and UTENSILS shall not

be rinsed before air drying or use unless:

(A) The rinse is applied directly from a potable water supply by a

warewashing machine that is maintained and operated as specified

under Subparts 4-204 and 4-501; and

(B) The rinse is applied only after the EQUIPMENT and UTENSILS

have been SANITIZED by the application of hot water or by the

application of a chemical SANITIZER solution whose EPA-registered

label use instructions call for rinsing off the SANITIZER after it is

applied in a commercial WAREWASHING machine.

Chapter

5 Water, Plumbing,

and Waste

Parts

5-1 WATER

5-2 PLUMBING SYSTEM

Index 139

5-3 MOBILE WATER TANK AND MOBILE FOOD ESTABLISHMENT

WATER TANK

5-4 SEWAGE, OTHER LIQUID WASTE, AND RAINWATER

5-5 REFUSE, RECYCLABLES, AND RETURNABLES

5-1 WATER

Subparts

5-101 Source

5-102 Quality

5-103 Quantity and Availability

5-104 Distribution, Delivery, and Retention

S

ource 5-101.11 Approved System.

DRINKING WATER shall be obtained from an APPROVED source that is:

(A) A PUBLIC WATER SYSTEM;

P

or

(B) A nonPUBLIC WATER SYSTEM that is constructed, maintained,

and operated according to LAW.

P

5-101.12 System Flushing and Disinfection.

A DRINKING WATER system shall be flushed and disinfected before

being placed in service after construction, repair, or modification and

after an emergency situation, such as a flood, that may introduce

contaminants to the system.

P

5-101.13 Bottled Drinking Water.

BOTTLED DRINKING WATER used or sold in a FOOD ESTABLISHMENT

shall be obtained from APPROVED sources in accordance with

21 CFR 129 - Processing and Bottling of Bottled

DRINKING WATER.

P

Quality 5-102.11 Standards.

Except as specified under § 5-102.12:

Index 140

(A) Water from a PUBLIC WATER SYSTEM shall meet 40 CFR 141 -

National Primary Drinking Water Regulations and state DRINKING

WATER

quality standards;

P

and

(B) Water from a nonPUBLIC WATER SYSTEM shall meet state

DRINKING WATER quality standards.

P

5-102.12 Nondrinking Water.

(A) A nonDRINKING WATER supply shall be used only if its use is

APPROVED.

P

(B) Non

DRINKING WATER shall be used only for nonculinary purposes

such as air conditioning, non

FOOD EQUIPMENT cooling, and fire

p

rotection.

P

5-102.13 Sampling.

Except when used as specified under § 5-102.12, water from a

nonPUBLIC WATER SYSTEM shall be sampled and tested at least annually

and as required by state water quality regulations.

Pf

5-102.14 Sample Report.

The most recent sample report for the nonPUBLIC WATER SYSTEM shall

be retained on file in the FOOD ESTABLISHMENT or the report shall be

maintained as specified by state water quality regulations.

Quantity and

A

vailabilit

y

5-103.11 Capacity.

(A) The water source and system shall be of sufficient capacity to meet

the peak water demands of the

FOOD ESTABLISHMENT.

Pf

(B) Hot water generation and distribution systems shall be sufficient to

meet the peak hot water demands throughout the FOOD ESTABLISHMENT.

Pf

5-103.12 Pressure.

Water under pressure shall be provided to all fixtures,

EQUIPMENT, and

non

FOOD EQUIPMENT that are required to use water except that water

Index 141

s

upplied as specified under ¶¶ 5-104.12(A) and (B) to a TEMPORARY

F

OOD ESTABLISHMENT or in response to a temporary interruption of a

water supply need not be under pressure.

Pf

D

istribution,

D

eliver

y

, and

R

etention

5-104.11 System.

Water shall be received from the source through the use of:

(A) An APPROVED public water main;

P

f

or

(B) One or more of the following that shall be constructed,

maintained, and operated according to LAW:

Pf

(1) Nonpublic water main, water pumps, pipes, hoses,

connections, and other appurtenances,

Pf

(2) Water transport vehicles,

P

f

or

(3) Water containers.

P

f

5-104.12 Alternative Water Supply.

Water meeting the requirements specified under Subparts 5-101, 5-102,

and 5-103 shall be made available for a mobile facility, for a

TEMPORARY FOOD ESTABLISHMENT without a permanent water supply,

and for a FOOD ESTABLISHMENT with a temporary interruption of its

water supply through:

(A) A supply of containers of commercially

BOTTLED DRINKING

WATER

;

Pf

(B) One or more closed portable water containers;

P

f

(C) An enclosed vehicular water tank;

P

f

(D) An on-

PREMISES water storage tank;

P

f

or

(E) Piping, tubing, or hoses connected to an adjacent

APPROVED

source.

Pf

5-2 PLUMBING SYSTEM

Subparts

Index 142

5-201 Materials

5-202 Design, Construction, and Installation

5-203 Numbers and Capacities

5-204 Location and Placement

5-205 Operation and Maintenance

M

aterials 5-201.11 Approved.

(A) A PLUMBING SYSTEM and hoses conveying water shall be constructed

and repaired with

APPROVED materials according to LAW.

P

(B) A water filter shall be made of

SAFE MATERIALS.

P

D

esi

g

n,

Construction,

and Installation

5-202.11 Approved System and Cleanable Fixtures.

(A) A PLUMBING SYSTEM shall be designed, constructed, and installed

according to LAW.

P

(B) A PLUMBING FIXTURE such as a HANDWASHING SINK, toilet, or urinal

shall be EASILY CLEANABLE.

5-202.12 Handwashing Sink, Installation.

(A) A HANDWASHING SINK shall be equipped to provide water at a

temperature of at least 38

o

C (100

o

F) through a mixing valve or

combination faucet.

Pf

(B) A steam mixing valve may not be used at a

HANDWASHING SINK.

(C) A self-closing, slow-closing, or metering faucet shall provide a flow

of water for at least 15 seconds without the need to reactivate the faucet.

(D) An automatic handwashing facility shall be installed in

accordance with manufacturer’s instructions.

5-202.13 Backflow Prevention, Air Gap.

An air gap between the water supply inlet and the flood level rim of the

PLUMBING FIXTURE, EQUIPMENT, or nonFOOD EQUIPMENT shall be at least

twice the diameter of the water supply inlet and may not be less than 25

mm (1 inch).

P

Index 143

5-202.14 Backflow Prevention Device, Design Standard.

A backflow or backsiphonage prevention device installed on a water

supply system shall meet American Society of Sanitary Engineering

(A.S.S.E.) standards for construction, installation, maintenance,

inspection, and testing for that specific application and type of device.

P

5-202.15 Conditioning Device, Design.

A water filter, screen, and other water conditioning device installed on

water lines shall be designed to facilitate disassembly for

p

eriodic servicing and cleaning. A water filter element shall be of the

replaceable type.

N

umbers and

Capacities

5-203.11 Handwashing Sinks.

(A) Except as specified in ¶¶ (B) and (C) of this section, at least 1

HANDWASHING SINK, a number of HANDWASHING SINKS necessary for

their convenient use by EMPLOYEES in areas specified under § 5-204.11,

and not fewer than the number of HANDWASHING SINKS required by LAW

shall be provided.

Pf

(B) If APPROVED and capable of removing the types of soils encountered

in the FOOD operations involved, automatic handwashing facilities may

be substituted for HANDWASHING SINKS in a FOOD ESTABLISHMENT that has

at least 1 HANDWASHING SINK.

(C) If

APPROVED, when FOOD exposure is limited and HANDWASHING SINKS

are not conveniently available, such as in some mobile or

TEMPORARY

F

OOD ESTABLISHMENTS or at some VENDING MACHINE LOCATIONS,

E

MPLOYEE

S

may use chemically treated towelettes for handwashing.

5-203.12 Toilets and Urinals.

At least 1 toilet and not fewer than the toilets required by LAW shall be

p

rovided. If authorized by LAW and urinals are substituted for toilets, the

substitution shall be done as specified in

LAW.

5-203.13 Service Sink.

Index 144

(A) At least 1 service sink or 1 curbed cleaning facility equipped with a

floor drain shall be provided and conveniently located for the cleaning of

mops or similar wet floor cleaning tools and for the disposal of mop

water and similar liquid waste.

(B) Toilets and urinals may not be used as a service sink for the disposal

of mop water and similar liquid waste.

5-203.14 Backflow Prevention Device, When Required.

A PLUMBING SYSTEM shall be installed to preclude backflow of a solid,

liquid, or gas contaminant into the water supply system at each point of

use at the

FOOD ESTABLISHMENT, including on a hose bibb if a hose is

attached or on a hose bibb if a hose is not attached and backflow

p

revention is required by LAW, by:

(A) Providing an air gap as specified under § 5-202.13

P

; or

(B) Installing an APPROVED backflow prevention device as specified

under § 5-202.14.

P

5-203.15 Backflow Prevention Device, Carbonator.

(A) If not provided with an air gap as specified under § 5-202.13, a dual

check valve with an intermediate vent preceded by a screen of not less

than 100 mesh to 25.4 mm (100 mesh to 1 inch) shall be installed

upstream from a carbonating device and downstream from any copper in

the water supply line.

(B) A dual check valve attached to the carbonator need not be of the

vented type if an air gap or vented backflow prevention device has been

otherwise provided as specified under ¶ (A) of this section.

L

ocation and

P

lacemen

t

5-204.11 Handwashing Sinks.

A

HANDWASHING SINK shall be located:

(A) To allow convenient use by EMPLOYEES in FOOD preparation,

FOOD dispensing, and WAREWASHING areas;

Pf

and

(B) In, or immediately adjacent to, toilet rooms.

P

f

Index 145

5-204.12 Backflow Prevention Device, Location.

A backflow prevention device shall be located so that it may be serviced

and maintained.

5-204.13 Conditioning Device, Location.

A water filter, screen, and other water conditioning device installed on

water lines shall be located to facilitate disassembly for periodic

servicing and cleaning.

Operation and

M

aintenance

5-205.11 Using a Handwashing Sink.

(A) A HANDWASHING SINK shall be maintained so that it is accessible at

all times for EMPLOYEE use.

Pf

(B) A HANDWASHING SINK may not be used for purposes other than

handwashing.

Pf

(C) An automatic handwashing facility shall be used in accordance with

manufacturer’s instructions.

Pf

5-205.12 Prohibiting a Cross Connection.

(A) A PERSON may not create a cross connection by connecting a pipe or

conduit between the DRINKING WATER system and a nonDRINKING WATER

system or a water system of unknown quality.

P

(B) The piping of a non

DRINKING WATER system shall be durably

identified so that it is readily distinguishable from piping that carries

DRINKING WATER.

Pf

5-205.13 Schedulin

g

Inspection and Service for a Water S

y

stem

Device.

A device such as a water treatment device or backflow preventer shall be

scheduled for inspection and service, in accordance with manufacturer's

instructions and as necessary to prevent device failure based on local

water conditions, and records demonstrating inspection and service shall

be maintained by the PERSON IN CHARGE.

Pf

Index 146

5-205.14 Water Reservoir of Fogging Devices, Cleaning.

(A) A reservoir that is used to supply water to a device such as a produce

fogger shall be:

(1) Maintained in accordance with manufacturer's specifications;

P

and

(2) Cleaned in accordance with manufacturer's specifications or

according to the procedures specified under ¶ (B) of this section,

whichever is more stringent.

P

(B) Cleaning procedures shall include at least the following steps

and shall be conducted at least once a week:

(1) Draining and complete disassembly of the water and aerosol

contact parts;

P

(2) Brush-cleaning the reservoir, aerosol tubing, and discharge

nozzles with a suitable detergent solution;

P

(3) Flushing the complete system with water to remove the detergent

solution and particulate accumulation;

P

and

(4) Rinsing by immersing, spraying, or swabbing the reservoir,

aerosol tubing, and discharge nozzles with at least 50 MG/L

hypochlorite solution.

P

5-205.15 System Maintained in Good Repair.

A

PLUMBING SYSTEM shall be:

(A) Repaired according to LAW;

P

and

(B) Maintained in good repair.

Index 14

7

5-3 MOBILE WATER TANK AND MOBILE FOOD ESTABLISHMENT

WATER TANK

Subparts

5-301 Materials

5-302 Design and Construction

5-303 Numbers and Capacities

5-304 Operation and Maintenance

M

aterials

5-301.11 Approved.

Materials that are used in the construction of a mobile water tank,

mobile

FOOD ESTABLISHMENT water tank, and appurtenances shall be:

(A) Safe;

P

(B) Durable, CORROSION-RESISTANT, and nonabsorbent; and

(C) Finished to have a SMOOTH, EASILY CLEANABLE surface.

D

esi

g

n and

Construction

5-302.11 Enclosed System, Sloped to Drain.

A mobile water tank shall be:

(A) Enclosed from the filling inlet to the discharge outlet; and

(B) Sloped to an outlet that allows complete drainage of the tank.

5-302.12 Inspection and Cleaning Port, Protected and

Secured.

If a water tank is designed with an access port for inspection and

cleaning, the opening shall be in the top of the tank and:

(A) Flanged upward at least 13 mm (one-half inch); and

(B) Equipped with a port cover assembly that is:

(1) Provided with a gasket and a device for securing the cover in

place, and

Index 148

(2) Flanged to overlap the opening and sloped to drain.

5-302.13 "V" Type Threads, Use Limitation.

A fitting with "V" type threads on a water tank inlet or outlet shall be

allowed only when a hose is permanently attached.

5-302.14 Tank Vent, Protected.

If provided, a water tank vent shall terminate in a downward direction

and shall be covered with:

(A) 16 mesh to 25.4 mm (16 mesh to 1 inch) screen or equivalent

when the vent is in a protected area; or

(B) A protective filter when the vent is in an area that is not

protected from windblown dirt and debris.

5-302.15 Inlet and Outlet, Sloped to Drain.

(A) A water tank and its inlet and outlet shall be sloped to drain.

(B) A water tank inlet shall be positioned so that it is protected from

contaminants such as waste discharge, road dust, oil, or grease.

5-302.16 Hose, Construction and Identification.

A hose used for conveying

DRINKING WATER from a water tank shall be:

(A) Safe;

P

(B) Durable, CORROSION-RESISTANT, and nonaborbent;

(C) Resistant to pitting, chipping, crazing, scratching, scoring,

distortion, and decomposition;

(D) Finished with a SMOOTH interior surface; and

(E) Clearly and durably identified as to its use if not permanently

attached.

Index 149

N

umbers and

Capacities

5-303.11 Filter, Compressed Air.

A filter that does not pass oil or oil vapors shall be installed in the air

supply line between the compressor and

DRINKING WATER system when

compressed air is used to pressurize the water tank system.

P

5-303.12 Protective Cover or Device.

A cap and keeper chain, closed cabinet, closed storage tube, or other

APPROVED protective cover or device shall be provided for a water inlet,

outlet, and hose.

5-303.13 Mobile Food Establishment Tank Inlet.

A mobile FOOD ESTABLISHMENT'S water tank inlet shall be:

(A) 19.1 mm (three-fourths inch) in inner diameter or less; and

(B) Provided with a hose connection of a size or type that will

prevent its use for any other service.

Operation and

M

aintenance

5-304.11 System Flushing and Sanitization.

A water tank, pump, and hoses shall be flushed and SANITIZED before

being placed in service after construction, repair, modification, and

p

eriods of nonuse.

P

5-304.12 Using a Pump and Hoses, Backflow Prevention.

A

PERSON shall operate a water tank, pump, and hoses so that backflow

and other contamination of the water supply are prevented.

5-304.13 Protecting Inlet, Outlet, and Hose Fitting.

If not in use, a water tank and hose inlet and outlet fitting shall be

p

rotected using a cover or device as specified under § 5-303.12.

5-304.14 Tank, Pump, and Hoses, Dedication.

(A) Except as specified in ¶ (B) of this section, a water tank, pump, and

Index 150

hoses used for conveying DRINKING WATER shall be used for no other

p

urpose.

P

(B) Water tanks, pumps, and hoses

APPROVED for liquid FOODS may be

used for conveying DRINKING WATER if they are cleaned and SANITIZED

before they are used to convey water.

5-4 SEWAGE, OTHER LIQUID WASTE, AND RAINWATER

Subparts

5-401 Mobile Holding Tank

5-402 Retention, Drainage, and Delivery

5-403 Disposal Facility

M

obile Holdin

g

Tank

5-401.11 Capacity and Drainage.

A SEWAGE holding tank in a mobile FOOD ESTABLISHMENT shall be:

(A) Sized 15 percent larger in capacity than the water supply tank;

and

(B) Sloped to a drain that is 25 mm (1 inch) in inner diameter

or greater, equipped with a shut-off valve.

R

etention,

D

raina

g

e, and

D

eliver

y

design,

construction, and

installation

5-402.10 Establishment Drainage System.

FOOD ESTABLISHMENT drainage systems, including grease traps, that

convey

SEWAGE shall be designed and installed as specified under ¶

5-202.11(A).

5-402.11 Backflow Prevention.

(A) Except as specified in ¶¶ (B), (C), and (D) of this section, a direct

connection may not exist between the

SEWAGE system and a drain

originating from

EQUIPMENT in which FOOD, portable EQUIPMENT, or

Index 151

UTENSILS are placed.

P

(B) Paragraph (A) of this section does not apply to floor drains that

originate in refrigerated spaces that are constructed as an integral part

of the building.

(C) If allowed by LAW, a WAREWASHING machine may have a

direct connection between its waste outlet and a floor drain when

the machine is located within 1.5 m (5 feet) of a trapped floor

drain and the machine outlet is connected to the inlet side of a

p

roperly vented floor drain trap.

(D) If allowed by LAW, a WAREWASHING or culinary sink may have

a direct connection.

location and

p

lacement

5-402.12 Grease Trap.

If used, a grease trap shall be located to be easily accessible for

cleaning.

operation and

maintenance

5-402.13 Conveying Sewage.

SEWAGE shall be conveyed to the point of disposal through an

APPROVED sanitary SEWAGE system or other system, including

use of SEWAGE transport vehicles, waste retention tanks, pumps,

pipes, hoses, and connections that are constructed, maintained,

and operated according to LAW.

P

5-402.14 Removing Mobile Food Establishment Wastes.

SEWAGE and other liquid wastes shall be removed from a mobile FOOD

ESTABLISHMENT at an APPROVED waste SERVICING AREA or by a

SEWAGE transport vehicle in such a way that a public health HAZARD or

nuisance is not created.

Pf

5-402.15 Flushing a Waste Retention Tank.

A tank for liquid waste retention shall be thoroughly flushed and

drained in a sanitary manner during the servicing operation.

D

isposal Facilit

y

5-403.11 Approved Sewage Disposal System.

Index 152

design and

construction

SEWAGE shall be disposed through an APPROVED facility that is:

(A) A public SEWAGE treatment plant;

P

or

(B) An individual SEWAGE disposal system that is sized,

constructed, maintained, and operated according to LAW.

P

5-403.12 Other Liquid Wastes and Rainwater.

Condensate drainage and other nonSEWAGE liquids and rainwater shall

be drained from point of discharge to disposal according to LAW.

5-5 REFUSE, RECYCLABLES, AND RETURNABLES

Subparts

5-501 Facilities on the Premises

5-502 Removal

5-503 Facilities for Disposal and Recycling

Facilities on the

P

remises materials,

design,

construction, and

installation

5-501.10 Indoor Storage Area.

If located within the FOOD ESTABLISHMENT, a storage area for REFUSE,

recyclables, and returnables shall meet the requirements specified

under §§ 6-101.11, 6-201.11 - 6-201.18, 6-202.15, and 6-202.16.

5-501.11 Outdoor Storage Surface.

An outdoor storage surface for

REFUSE, recyclables, and returnables

shall be constructed of nonabsorbent material such as concrete or

asphalt and shall be

SMOOTH, durable, and sloped to drain.

5-501.12 Outdoor Enclosure.

If used, an outdoor enclosure for REFUSE, recyclables, and returnables

shall be constructed of durable and cleanable materials.

5-501.13 Receptacles.

(A) Except as specified in ¶ (B) of this section, receptacles and waste

Index 153

handling units for REFUSE, recyclables, and returnables and for use

with materials containing FOOD residue shall be durable, cleanable,

insect- and rodent-resistant, leakproof, and nonabsorbent.

(B) Plastic bags and wet strength paper bags may be used to line

receptacles for storage inside the FOOD ESTABLISHMENT, or within

closed outside receptacles.

5-501.14 Receptacles in Vending Machines.

E

xcept for a receptacle for BEVERAGE bottle crown closures, a REFUSE

receptacle may not be located within a VENDING MACHINE.

5-501.15 Outside Receptacles.

(A) Receptacles and waste handling units for REFUSE, recyclables, and

returnables used with materials containing FOOD residue and used

outside the FOOD ESTABLISHMENT shall be designed and constructed

to have tight-fitting lids, doors, or covers.

(B) Receptacles and waste handling units for REFUSE and recyclables

such as an on-site compactor shall be installed so that accumulation o

f

debris and insect and rodent attraction and harborage are minimized

and effective cleaning is facilitated around and, if the unit is not

installed flush with the base pad, under the unit.

numbers and

capacities

5-501.16 Storage Areas, Rooms, and Receptacles, Capacity

and Availability.

(A) An inside storage room and area and outside storage area and

enclosure, and receptacles shall be of sufficient capacity to hold

REFUSE, recyclables, and returnables that accumulate.

(B) A receptacle shall be provided in each area of the

FOOD

ESTABLISHMENT or PREMISES where REFUSE is generated or commonly

discarded, or where recyclables or returnables are placed.

(C) If disposable towels are used at handwashing lavatories, a waste

receptacle shall be located at each lavatory or group of adjacent

lavatories.

Index 154

5-501.17 Toilet Room Receptacle, Covered.

A toilet room used by females shall be provided with a covered

receptacle for sanitary napkins.

5-501.18 Cleaning Implements and Supplies.

(A) Except as specified in ¶ (B) of this section, suitable cleaning

implements and supplies such as high pressure pumps, hot water,

steam, and detergent shall be provided as necessary for effective

cleaning of receptacles and waste handling units for REFUSE,

recyclables, and returnables.

(B) If APPROVED, off-PREMISES-based cleaning services may be used if

on-PREMISES cleaning implements and supplies are not provided.

location and

p

lacement

5-501.19 Storage Areas, Redeeming Machines,

Receptacles and Waste Handling Units, Location.

(A) An area designated for REFUSE, recyclables, returnables, and,

except as specified in ¶ (B) of this section, a redeeming machine for

recyclables or returnables shall be located so that it is separate from

FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and

SINGLE-USE ARTICLES and a public health HAZARD or nuisance is not

created.

(B) A redeeming machine may be located in the PACKAGED FOOD

s

torage area or CONSUMER area of a FOOD ESTABLISHMENT if FOOD,

E

QUIPMEN

T

, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE

A

RTICLE

S

are not subject to contamination from the machines and a

p

ublic health HAZARD or nuisance is not created.

(C) The location of receptacles and waste handling units for

REFUSE,

recyclables, and returnables may not create a public health HAZARD or

nuisance or interfere with the cleaning of adjacent space.

operation and

maintenance

5-501.110 Storing Refuse, Recyclables, and Returnables.

R

EFUSE, recyclables, and returnables shall be stored in receptacles or

waste handling units so that they are inaccessible to insects and

rodents.

Index 155

5-501.111 Areas, Enclosures, and Receptacles, Good Repair.

Storage areas, enclosures, and receptacles for REFUSE, recyclables,

and returnables shall be maintained in good repair.

5-501.112 Outside Storage Prohibitions.

(A) Except as specified in ¶ (B) of this section,

REFUSE receptacles not

meeting the requirements specified under ¶ 5-501.13(A) such as

receptacles that are not rodent-resistant, unprotected plastic bags and

p

aper bags, or baled units that contain materials with FOOD residue

may not be stored outside.

(B) Cardboard or other packaging material that does not contain

F

OOD residues and that is awaiting regularly scheduled delivery to a

recycling or disposal site may be stored outside without being in a

covered receptacle if it is stored so that it does not create a rodent

harborage problem.

5-501.113 Covering Receptacles.

Receptacles and waste handling units for REFUSE, recyclables, and

returnables shall be kept covered:

(A) Inside the FOOD ESTABLISHMENT if the receptacles and units:

(1) Contain FOOD residue and are not in continuous use; or

(2) After they are filled; and

(B) With tight-fitting lids or doors if kept outside the FOOD

ESTABLISHMENT.

5-501.114 Using Drain Plugs.

Drains in receptacles and waste handling units for REFUSE,

recyclables, and returnables shall have drain plugs in place.

Index 156

5-501.115 Maintaining Refuse Areas and Enclosures.

A storage area and enclosure for REFUSE, recyclables, or returnables

shall be maintained free of unnecessary items, as specified under

§ 6-501.114, and clean.

5-501.116 Cleaning Receptacles.

(A) Receptacles and waste handling units for REFUSE, recyclables, and

returnables shall be thoroughly cleaned in a way that does not

contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, or SINGLE-SERVICE

and SINGLE-USE ARTICLES, and waste water shall be disposed of as

specified under § 5-402.13.

(B) Soiled receptacles and waste handling units for REFUSE,

recyclables, and returnables shall be cleaned at a frequency necessary

to prevent them from developing a buildup of soil or becoming

attractants for insects and rodents.

R

emoval 5-502.11 Frequency.

REFUSE, recyclables, and returnables shall be removed from the

PREMISES at a frequency that will minimize the development of

objectionable odors and other conditions that attract or harbor insects

and rodents.

5-502.12 Receptacles or Vehicles.

REFUSE, recyclables, and returnables shall be removed from the

PREMISES by way of:

(A) Portable receptacles that are constructed and maintained

according to LAW; or

(B) A transport vehicle that is constructed, maintained, and operated

according to

LAW.

Facilities for

D

isposal and

R

ec

y

clin

g

5-503.11 Community or Individual Facility.

Solid waste not disposed of through the SEWAGE system such as

through grinders and pulpers shall be recycled or disposed of in an

APPROVED public or private community recycling or REFUSE facility;

or solid waste shall be disposed of in an individual

REFUSE facility

such as a landfill or incinerator which is sized, constructed,

maintained, and operated according to LAW.

Index 15

7

Chapter

6 Physical Facilities

Parts

6-1 MATERIALS FOR CONSTRUCTION AND REPAIR

6-2 DESIGN, CONSTRUCTION, AND INSTALLATION

6-3 NUMBERS AND CAPACITIES

6-4 LOCATION AND PLACEMENT

6-5 MAINTENANCE AND OPERATION

6-1 MATERIALS FOR CONSTRUCTION AND REPAIR

Subparts

6-101 Indoor Areas

6-102 Outdoor Areas

I

ndoor Areas

6-101.11 Surface Characteristics.

(A) Except as specified in ¶ (B) of this section, materials for indoor

floor, wall, and ceiling surfaces under conditions of normal use shall be:

(1) S

MOOTH, durable, and EASILY CLEANABLE for areas where FOOD

ESTABLISHMENT operations are conducted;

(2) Closely woven and

EASILY CLEANABLE carpet for carpeted areas;

and

(3) Nonabsorbent for areas subject to moisture such as

FOOD

preparation areas, walk-in refrigerators,

WAREWASHING areas, toilet

rooms, mobile FOOD ESTABLISHMENT SERVICING AREAS, and areas

subject to flushing or spray cleaning methods.

(B) In a TEMPORARY FOOD ESTABLISHMENT:

Index 158

(1) If graded to drain, a floor may be concrete, machine-laid asphalt, or

dirt or gravel if it is covered with mats, removable platforms,

duckboards, or other APPROVED materials that are effectively treated to

control dust and mud; and

(2) Walls and ceilings may be constructed of a material that

protects the interior from the weather and windblown dust and

debris.

Outdoor Areas

6-102.11 Surface Characteristics.

(A) The outdoor walking and driving areas shall be surfaced with

concrete, asphalt, or gravel or other materials that have been effectively

treated to minimize dust, facilitate maintenance, and prevent muddy

conditions.

(B) Exterior surfaces of buildings and mobile FOOD ESTABLISHMENTS

shall be of weather-resistant materials and shall comply with LAW.

(C) Outdoor storage areas for REFUSE, recyclables, or returnables shall

be of materials specified under §§ 5-501.11 and 5-501.12.

6-2 DESIGN, CONSTRUCTION, AND INSTALLATION

Subparts

6-201 Cleanability

6-202 Functionality

Cleanability

6-201.11 Floors, Walls, and Ceilings.

Except as specified under § 6-201.14 and except for antislip floor

coverings or applications that may be used for safety reasons, floors,

floor coverings, walls, wall coverings, and ceilings shall be designed,

constructed, and installed so they are

SMOOTH and EASILY CLEANABLE.

6-201.12 Floors, Walls, and Ceilings, Utility Lines.

(A) Utility service lines and pipes may not be unnecessarily exposed.

(B) Exposed utility service lines and pipes shall be installed so they do

not obstruct or prevent cleaning of the floors, walls, or

ceilings.

Index 159

(C) Exposed horizontal utility service lines and pipes may not be

installed on the floor.

6-201.13 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 mm (one thirty-second

inch).

(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.

6-201.14 Floor Carpeting, Restrictions and Installation.

(A) A floor covering such as carpeting or similar material may not be

installed as a floor covering in FOOD preparation areas, walk-in

refrigerators, WAREWASHING areas, toilet room areas where

handwashing lavatories, toilets, and urinals are located, REFUSE storage

rooms, or other areas where the floor is subject to moisture, flushing, or

spray cleaning methods.

(B) If carpeting is installed as a floor covering in areas other than those

specified under ¶ (A) of this section, it shall be:

(1) Securely attached to the floor with a durable mastic, by using a

stretch and tack method, or by another method; and

(2) Installed tightly against the wall under the coving or installed

away from the wall with a space between the carpet and the wall

and with the edges of the carpet secured by metal stripping or some

other means.

6-201.15 Floor Covering, Mats and Duckboards.

Mats and duckboards shall be designed to be removable and EASILY

CLEANABLE

.

6-201.16 Wall and Ceiling Coverings and Coatings.

Index 160

(A) Wall and ceiling covering materials shall be attached so that they

are EASILY CLEANABLE.

(B) Except in areas used only for dry storage, concrete, porous blocks,

or bricks used for indoor wall construction shall be finished and SEALED

to provide a SMOOTH, nonabsorbent, EASILY CLEANABLE surface.

6-201.17 Walls and Ceilings, Attachments.

(A) Except as specified in ¶ (B) of this section, attachments to walls and

ceilings such as light fixtures, mechanical room ventilation system

components, vent covers, wall mounted fans, decorative items, and

other attachments shall be EASILY CLEANABLE.

(B) In a CONSUMER area, wall and ceiling surfaces and decorative

items and attachments that are provided for ambiance need not

meet this requirement if they are kept clean.

6-201.18 Walls and Ceilings, Studs, Joists, and Rafters.

E

xcept for TEMPORARY FOOD ESTABLISHMENTS, studs, joists, and rafters

may not be exposed in areas subject to moisture.

Functionality

6-202.11 Light Bulbs, Protective Shielding.

(A) Except as specified in ¶ (B) of this section, light bulbs shall be

shielded, coated, or otherwise shatter-resistant in areas where there is

exposed

FOOD; clean EQUIPMENT, UTENSILS, and LINENS; or unwrapped

SINGLE-SERVICE and SINGLE-USE ARTICLES.

(B) Shielded, coated, or otherwise shatter-resistant bulbs need not be

used in areas used only for storing

FOOD in unopened packages, if:

(1) The integrity of the packages cannot be affected by broken glass

f

alling onto them; and

(2) The packages are capable of being cleaned of debris from broken

bulbs before the packages are opened.

(C) An infrared or other heat lamp shall be protected against breakage

by a shield surrounding and extending beyond the bulb so that only the

face of the bulb is exposed.

Index 161

6-202.12 Heating, Ventilating, Air Conditioning System

Vents.

Heating, ventilating, and air conditioning systems shall be designed and

installed so that make-up air intake and exhaust vents do not cause

contamination of FOOD, FOOD-CONTACT SURFACES, EQUIPMENT, or

UTENSILS.

6-202.13 Insect Control Devices, Design and Installation.

(A) Insect control devices that are used to electrocute or stun flying

insects shall be designed to retain the insect within the device.

(B) Insect control devices shall be installed so that:

(1) The devices are not located over a

FOOD preparation area; and

(2) Dead insects and insect fragments are prevented from being

impelled onto or falling on exposed FOOD; clean EQUIPMENT, UTENSILS,

and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.

6-202.14 Toilet Rooms, Enclosed.

Except where a toilet room is located outside a FOOD

ESTABLISHMENT and does not open directly into the FOOD

ESTABLISHMENT such as a toilet room that is provided by the

management of a shopping mall, a toilet room located on the

PREMISES shall be completely enclosed and provided with a tight-

fitting and self-closing door.

6-202.15 Outer Openings, Protected.

(A) Except as specified in ¶¶ (B), (C), and (E) and under ¶ (D) of this

section, outer openings of a FOOD ESTABLISHMENT shall be protected

against the entry of insects and rodents by:

(1) Filling or closing holes and other gaps along floors, walls, and

ceilings;

(2) Closed, tight-fitting windows; and

Index 162

(3) Solid, self-closing, tight-fitting doors.

(B) Paragraph (A) of this section does not apply if a FOOD

E

STABLISHMEN

T

opens into a larger structure, such as a mall, airport, or

office building, or into an attached structure, such as a porch, and the

outer openings from the larger or attached structure are protected

against the entry of insects and rodents.

(C) Exterior doors used as exits need not be self-closing if they are:

(1) Solid and tight-fitting;

(2) Designated for use only when an emergency exists, by the

fire protection authority that has jurisdiction over the FOOD

ESTABLISHMENT

; and

(3) Limited-use so they are not used for entrance or exit from

the building for purposes other than the designated emergency

exit use.

(D) Except as specified in ¶¶ (B) and (E) of this section, if the windows

or doors of a FOOD ESTABLISHMENT, or of a larger structure within

which a FOOD ESTABLISHMENT is located, are kept open for ventilation

or other purposes or a TEMPORARY FOOD ESTABLISHMENT is not

p

rovided with windows and doors as specified under ¶ (A) of this

section, the openings shall be protected against the entry of insects and

rodents by:

(1) 16 mesh to 25.4 mm (16 mesh to 1 inch) screens;

(2) Properly designed and installed air curtains to control flying

insects; or

(3) Other effective means.

(E) Paragraph (D) of this section does not apply if flying insects and

other pests are absent due to the location of the ESTABLISHMENT, the

weather, or other limiting condition.

6-202.16 Exterior Walls and Roofs, Protective Barrier.

Perimeter walls and roofs of a FOOD ESTABLISHMENT shall

effectively protect the establishment from the weather and the

entry of insects, rodents, and other animals.

Index 163

6-202.17 Outdoor Food Vending Areas, Overhead Protection.

E

xcept for machines that vend canned BEVERAGES, if located outside, a

machine used to vend

FOOD shall be provided with overhead protection.

6-202.18 Outdoor Servicing Areas, Overhead Protection.

E

xcept for areas used only for the

l

oading of water or the discharge of

SEWAGE and other liquid waste, through the use of a closed system of

hoses, sERVICING AREAS shall be provided with overhead protection.

6-202.19 Outdoor Walking and Driving Surfaces, Graded to

Drain.

Exterior walking and driving surfaces shall be graded to drain.

6-202.110 Outdoor Refuse Areas, Curbed and Graded to Drain.

Outdoor REFUSE areas shall be constructed in accordance with LAW and

shall be curbed and graded to drain to collect and dispose of liquid

waste that results from the REFUSE and from cleaning the area and waste

receptacles.

6-202.111 Private Homes and Living or Sleeping Quarters, Use

Prohibition.

A private home, a room used as living or sleeping quarters, or an area

directly opening into a room used as living or sleeping quarters may not

be used for conducting FOOD ESTABLISHMENT operations.

P

6-202.112 Living or Sleeping Quarters, Separation.

Living or sleeping quarters located on the PREMISES of a FOOD

ESTABLISHMENT such as those provided for lodging registration clerks

or resident managers shall be separated from rooms and

areas used for FOOD ESTABLISHMENT operations by complete

p

artitioning and solid self-closing doors.

Index 164

6-3 NUMBERS AND CAPACITIES

Subparts

6-301 Handwashing Sinks

6-302 Toilets and Urinals

6-303 Lighting

6-304 Ventilation

6-305 Dressing Areas and Lockers

6-306 Service Sinks

H

andwashin

g

Sinks 6-301.10 Minimum Number.

HANDWASHING SINKS shall be provided as specified under § 5-203.11.

6-301.11 Handwashing Cleanser, Availability.

Each HANDWASHING SINK or group of 2 adjacent HANDWASHING

SINKS

shall be provided with a supply of hand cleaning liquid,

powder, or bar soap.

Pf

6-301.12 Hand Drying Provision.

Each HANDWASHING SINK or group of adjacent HANDWASHING SINKS

shall be provided with:

(A) Individual, disposable towels;

P

f

(B) A continuous towel system that supplies the user with a clean

towel;

Pf

or

(C) A heated-air hand drying device;

P

f

or

(D) A hand drying device that employs an air-knife system that

delivers high velocity, pressurized air at ambient temperatures.

Pf

6-301.13 Handwashing Aids and Devices, Use Restrictions.

A sink used for

FOOD preparation or UTENSIL washing, or a service sink

or curbed cleaning facility used for the disposal of mop water or similar

wastes, may not be provided with the handwashing aids and devices

Index 165

required for a HANDWASHING SINK as specified under §§ 6-301.11 and

6-301.12 and ¶ 5-501.16(C).

6-301.14 Handwashing Signage.

A sign or poster that notifies FOOD EMPLOYEES to wash their hands shall

be provided at all HANDWASHING SINKS used by FOOD EMPLOYEES and

shall be clearly visible to

FOOD EMPLOYEES.

6-301.20 Disposable Towels, Waste Receptacle.

A HANDWASHING SINK or group of adjacent HANDWASHING SINKS that is

p

rovided with disposable towels shall be provided with a waste

receptacle as specified under ¶ 5-501.16(C).

Toilets and Urinals

6-302.10 Minimum Number.

Toilets and urinals shall be provided as specified under § 5-203.12.

6-302.11 Toilet Tissue, Availability.

A supply of toilet tissue shall be available at each toilet.

Pf

L

i

g

htin

g

6-303.11 Intensity.

The light intensity shall be:

(A) At least 108 lux (10 foot candles) at a distance of 75 cm (30

inches) above the floor, in walk-in refrigeration units and dry

FOOD

storage areas and in other areas and rooms during periods of

cleaning;

(B) At least 215 lux (20 foot candles):

(1) At a surface where FOOD is provided for CONSUMER self-

service such as buffets and salad bars or where fresh produce or

PACKAGED FOODS are sold or offered for consumption,

(2) Inside

EQUIPMENT such as reach-in and under-counter

refrigerators; and

Index 166

(3) At a distance of 75 cm (30 inches) above the floor in areas

used for handwashing, WAREWASHING, and EQUIPMENT and

UTENSIL storage, and in toilet rooms; and

(C) At least 540 lux (50 foot candles) at a surface where a FOOD

EMPLOYEE

is working with FOOD or working with UTENSILS or

EQUIPMENT such as knives, slicers, grinders, or saws where

EMPLOYEE safety is a factor.

Ventilation 6-304.11 Mechanical.

If necessary to keep rooms free of excessive heat, steam, condensation,

vapors, obnoxious odors, smoke, and fumes, mechanical ventilation of

sufficient capacity shall be provided.

D

ressin

g

Areas and

L

ockers

6-305.11 Designation.

(A) Dressing rooms or dressing areas shall be designated if

EMPLOYEES

routinely change their clothes in the establishment.

(B) Lockers or other suitable facilities shall be provided for the orderly

storage of EMPLOYEES' clothing and other possessions.

S

ervice Sinks 6-306.10 Availability.

A service sink or curbed cleaning facility shall be provided as specified

under ¶ 5-203.13(A).

6-4 LOCATION AND PLACEMENT

Subparts

6-401 Handwashing Sinks

6-402 Toilet Rooms

6-403 Employee Accommodations

6-404 Distressed Merchandise

6-405 Refuse, Recyclables, and Returnables

H

andwashin

g

Sinks

6-401.10 Conveniently Located.

H

ANDWASHING SINKS shall be conveniently located as specified under §

Index 16

7

5-204.11.

Toilet Rooms

6-402.11 Convenience and Accessibility.

Toilet rooms shall be conveniently located and accessible to

EMPLOYEES during all hours of operation.

Employee

A

ccommodations

6-403.11 Designated Areas.

(A) Areas designated for EMPLOYEES to eat, drink, and use tobacco

shall be located so that FOOD, EQUIPMENT, LINENS, and SINGLE-SERVICE

and

SINGLE-USE ARTICLES are protected from contamination.

(B) Lockers or other suitable facilities shall be located in a designated

room or area where contamination of

FOOD, EQUIPMENT, UTENSILS,

LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES can not occur.

D

istressed

M

erchandise

6-404.11 Segregation and Location.

Products that are held by the PERMIT HOLDER for credit, redemption, or

return to the distributor, such as damaged, spoiled, or recalled products,

shall be segregated and held in designated areas that are separated from

FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-

USE ARTICLES.

Pf

R

e

f

use,

Recyclables, and

Returnables

6-405.10 Receptacles, Waste Handling Units, and Designated

Storage Areas.

Units, receptacles, and areas designated for storage of REFUSE and

recyclable and returnable containers shall be located as specified under

§ 5-501.19.

6-5 MAINTENANCE AND OPERATION

Subpart

6-501 Premises, Structures, Attachments, and

Fixtures - Methods

Index 168

P

remises, Structures,

A

ttachments,

and Fixtures

- Methods

6-501.11 Repairing.

PHYSICAL FACILITIES shall be maintained in good repair.

6-501.12 Cleaning, Frequency and Restrictions.

(A) PHYSICAL FACILITIES shall be cleaned as often as necessary to keep

them clean.

(B) Except for cleaning that is necessary due to a spill or other

accident, cleaning shall be done during periods when the least amount

of FOOD is exposed such as after closing.

6-501.13 Cleaning Floors, Dustless Methods.

(A) Except as specified in ¶ (B) of this section, only dustless methods

of cleaning shall be used, such as wet cleaning, vacuum cleaning,

mopping with treated dust mops, or sweeping using a broom and dust-

arresting compounds.

(B) Spills or drippage on floors that occur between normal floor

cleaning times may be cleaned:

(1) Without the use of dust-arresting compounds; and

(2) In the case of liquid spills or drippage, with the use of a small

amount of absorbent compound such as sawdust or diatomaceous

earth applied immediately before spot cleaning.

6-501.14 Cleaning Ventilation Systems, Nuisance and

Discharge Prohibition.

(A) Intake and exhaust air ducts shall be cleaned and filters changed so

they are not a source of contamination by dust, dirt, and other materials.

(B) If vented to the outside, ventilation systems may not create a public

health

HAZARD or nuisance or unLAWful discharge.

Index 169

6-501.15 Cleaning Maintenance Tools, Preventing

Contamination.

F

OOD preparation sinks, HANDWASHING SINKS, and WAREWASHING

EQUIPMENT may not be used for the cleaning of maintenance tools, the

p

reparation or holding of maintenance materials, or the disposal of mop

water and similar liquid wastes.

Pf

6-501.16 Drying Mops.

After use, mops shall be placed in a position that allows them to air-dry

without soiling walls, EQUIPMENT, or supplies.

6-501.17 Absorbent Materials on Floors, Use Limitation.

Except as specified in ¶ 6-501.13(B), sawdust, wood shavings, granular

salt, baked clay, diatomaceous earth, or similar materials may not be

used on floors.

6-501.18 Cleaning of Plumbing Fixtures.

PLUMBING FIXTURES such as HANDWASHING SINKS, toilets, and urinals

shall be cleaned as often as necessary to keep them clean.

6-501.19 Closing Toilet Room Doors.

E

xcept during cleaning and maintenance operations, toilet room doors

as specified under § 6-202.14 shall be kept closed.

6-501.110 Using Dressing Rooms and Lockers.

(A) Dressing rooms shall be used by

EMPLOYEES if the EMPLOYEES

regularly change their clothes in the establishment.

(B) Lockers or other suitable facilities shall be used for the orderly

storage of EMPLOYEE clothing and other possessions.

6-501.111 Controlling Pests.

The PREMISES shall be maintained free of insects, rodents, and other

p

ests. The presence of insects, rodents, and other pests shall be

controlled to eliminate their presence on the

PREMISES by:

Index 170

(A) Routinely inspecting incoming shipments of FOOD and supplies;

(B) Routinely inspecting the

PREMISES for evidence of pests;

(C) Using methods, if pests are found, such as trapping devices or

other means of pest control as specified under §§ 7-202.12,

7-206.12, and 7-206.13;

Pf

and

(D) Eliminating harborage conditions.

6-501.112 Removing Dead or Trapped Birds, Insects, Rodents, and

Other Pests.

Dead or trapped birds, insects, rodents, and other pests shall be

removed from control devices and the PREMISES at a frequency that

p

revents their accumulation, decomposition, or the attraction of pests.

6-501.113 Storing Maintenance Tools.

Maintenance tools such as brooms, mops, vacuum cleaners, and similar

items shall be:

(A) Stored so they do not contaminate FOOD, EQUIPMENT, UTENSILS,

LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES; and

(B) Stored in an orderly manner that facilitates cleaning the area

used for storing the maintenance tools.

6-501.114 Maintaining Premises, Unnecessary Items and

Litter.

The

PREMISES shall be free of:

(A) Items that are unnecessary to the operation or maintenance of

the establishment such as

EQUIPMENT that is nonfunctional or no

longer used; and

(B) Litter.

6-501.115 Prohibiting Animals.

(A) Except as specified in ¶¶ (B) and (C) of this section, live animals

may not be allowed on the

PREMISES of a FOOD ESTABLISHMENT.

Pf

Index 171

(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 can not 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, or

residential care facilities 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;

and

(5) In areas that are not used for

FOOD preparation, storage, sales,

display, or dining, in which there are caged animals or animals tha

t

are similarly confined, such as in a variety store that sells pets or a

tourist park that displays animals.

(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.

Index 172

Chapter

7 Poisonous or Toxic

Materials

Parts

7-1 LABELING AND IDENTIFICATION

7-2 OPERATIONAL SUPPLIES AND APPLICATIONS

7-3 STOCK AND RETAIL SALE

7-1 LABELING AND IDENTIFICATION

Subparts

7-101 Original Containers

7-102 Working Containers

Original

Containers

7-101.11 Identifying Information, Prominence.

Containers of POISONOUS OR TOXIC MATERIALS and PERSONAL CARE

ITEMS

shall bear a legible manufacturer's label.

Pf

Working

Containers

7-102.11 Common Name.

Working containers used for storing POISONOUS OR TOXIC MATERIALS

such as cleaners and

SANITIZERS taken from bulk supplies shall be

clearly and individually identified with the common name of the

material.

Pf

Index 173

7-2 OPERATIONAL SUPPLIES AND APPLICATIONS

Subparts

7-201 Storage

7-202 Presence and Use

7-203 Container Prohibitions

7-204 Chemicals

7-205 Lubricants

7-206 Pesticides

7-207 Medicines

7-208 First Aid Supplies

7-209 Other Personal Care Items

S

tora

ge

7-201.11 Separation.

POISONOUS OR TOXIC MATERIALS shall be stored so they can not

contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE

and SINGLE-USE ARTICLES by:

(A) Separating the POISONOUS OR TOXIC MATERIALS by spacing or

partitioning;

P

and

(B) Locating the POISONOUS OR TOXIC MATERIALS in an area that is

not above FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-

SERVICE or SINGLE-USE ARTICLES. This paragraph does not apply

to EQUIPMENT and UTENSIL cleaners and SANITIZERS that are stored

in WAREWASHING areas for availability and convenience if the

materials are stored to prevent contamination of

FOOD, EQUIPMENT,

UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.

P

resence and Use

7-202.11 Restriction.

(A) Only those POISONOUS OR TOXIC MATERIALS that are required for

the operation and maintenance of a FOOD ESTABLISHMENT, such as for

the cleaning and SANITIZING of EQUIPMENT and UTENSILS and the

control of insects and rodents, shall be allowed in a

FOOD

ESTABLISHMENT.

Pf

(B) Paragraph (A) of this section does not apply to

PACKAGED

P

OISONOUS OR TOXIC MATERIALS that are for retail sale.

Index 174

7-202.12 Conditions of Use.

POISONOUS OR TOXIC MATERIALS shall be:

(A) Used according to:

(1) LAW and this Code,

(2) Manufacturer's use directions included in labeling, and, for a

pesticide, manufacturer's label instructions that state that use is

allowed in a FOOD ESTABLISHMENT,

P

(3) The conditions of certification, if certification is required,

for use of the pest control materials,

P

and

(4) Additional conditions that may be established by the

REGULATORY AUTHORITY; and

(B) Applied so that:

(1) A HAZARD to EMPLOYEES or other PERSONS is not

constituted,

P

and

(2) Contamination including toxic residues due to drip, drain,

fog, splash or spray on FOOD, EQUIPMENT, UTENSILS, LINENS,

and SINGLE-SERVICE and SINGLE-USE ARTICLES is prevented, and

for a RESTRICTED USE PESTICIDE, this is achieved by:

P

(a) Removing the items,

P

(b) Covering the items with impermeable covers,

P

or

(c) Taking other appropriate preventive actions,

P

and

(d) Cleaning and

SANITIZING EQUIPMENT and UTENSILS after

the application.

P

(C) A

RESTRICTED USE PESTICIDE shall be applied only by an

applicator certified as defined in 7 USC 136 Definitions, (e)

Certified Applicator, of the Federal Insecticide, Fungicide, and

Rodenticide Act, or a

PERSON under the direct supervision of a

certified applicator.

Pf

Index 175

Container

P

rohibitions

7-203.11 Poisonous or Toxic Material Containers.

A container previously used to store POISONOUS OR TOXIC MATERIALS

may not be used to store, transport, or dispense

FOOD.

P

Chemicals

7-204.11 Sanitizers, Criteria.

Chemical SANITIZERS and other chemical antimicrobials applied to

FOOD-CONTACT SURFACEs shall meet the requirements specified in

40 CFR 180.940 Tolerance exemptions for active and inert ingredients

for use in antimicrobial formulations (food-contact surface sanitizing

solutions).

P

7-204.12 Chemicals for Washing, Treatment, Storage and

Processing Fruits and Vegetables, Criteria.

(A) Chemicals used to wash or peel raw, whole fruits and vegetables

shall meet the requirements specified in 21 CFR 173.315 Chemicals

used in washing or to assist in the peeling of fruits and vegetables.

P

(B) Ozone as an antimicrobial agent used in the treatment, storage, and

pr

ocessing of fruits and vegetables in a food establishment shall meet

the requirements specified in 21 CFR 173.368 Ozone.

7-204.13 Boiler Water Additives, Criteria.

Chemicals used as boiler water ADDITIVES shall meet the requirements

specified in 21 CFR 173.310 Boiler water additives.

P

7-204.14 Drying Agents, Criteria.

Drying agents used in conjunction with SANITIZATION shall:

(A) Contain only components that are listed as one of the following:

(1) Generally recognized as safe for use in FOOD as specified in

21 CFR 182 - Substances Generally Recognized as Safe, or 21

CFR 184 - Direct Food Substances Affirmed as Generally

Recognized as Safe,

P

Index 176

(2) Generally recognized as safe for the intended use as

specified in 21 CFR 186 - Indirect Food Substances Affirmed as

Generally Recognized as Safe,

P

(3) A

PPROVED for use as a drying agent under a prior sanction

specified in 21 CFR 181 - Prior-Sanctioned Food Ingredients,

P

(4) Specifically regulated as an indirect FOOD ADDITIVE for use

as a drying agent as specified in 21 CFR Parts 175-178,

P

or

(5) A

PPROVED for use as a drying agent under the threshold of

regulation process established by 21 CFR 170.39 Threshold of

regulation for substances used in food-contact articles;

P

and

(B) When SANITIZATION is with chemicals, the approval required

under Subparagraph (A)(3) or (A)(5) of this section or the

regulation as an indirect FOOD ADDITIVE required under

Subparagraph (A)(4) of this section, shall be specifically for use

with chemical SANITIZING solutions.

P

L

ubricants

7-205.11 Incidental Food Contact, Criteria.

Lubricants shall meet the requirements specified in 21 CFR 178.3570

Lubricants with incidental food contact, if they are used on FOOD-

CONTACT SURFACES, on bearings and gears located on or within FOOD-

CONTACT SURFACES, or on bearings and gears that are located so that

lubricants may leak, drip, or be forced into FOOD or onto FOOD-

CONTACT SURFACES.

P

esticides

7-206.11 Restricted Use Pesticides, Criteria.

R

ESTRICTED USE PESTICIDES specified under ¶ 7-202.12(C) shall meet

the requirements specified in 40 CFR 152 Subpart I - Classification of

Pesticides.

P

7-206.12 Rodent Bait Stations.

Rodent bait shall be contained in a covered, tamper-resistant bait

station.

P

Index 17

7

7-206.13 Tracking Powders, Pest Control and Monitoring.

(A) Except as specified in ¶ (B) of this section, a tracking powder

p

esticide may not be used in a FOOD ESTABLISHMENT.

P

(B) If used, a nontoxic tracking powder such as talcum or flour may not

contaminate

FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE

and SINGLE-USE ARTICLES.

M

edicines

7-207.11 Restriction and Storage.

(A) Except for medicines that are stored or displayed for retail sale,

only those medicines that are necessary for the health of

EMPLOYEES

shall be allowed in a

FOOD ESTABLISHMENT.

Pf

(B) Medicines that are in a FOOD ESTABLISHMENT for the EMPLOYEES'

use shall be labeled as specified under § 7-101.11 and located to

p

revent the contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and

SINGLE-SERVICE and SINGLE-USE ARTICLES.

P

7-207.12 Refrigerated Medicines, Storage.

Medicines belonging to EMPLOYEES or to children in a day care center

that require refrigeration and are stored in a FOOD refrigerator shall be:

(A) Stored in a package or container and kept inside a covered,

leakproof container that is identified as a container for the

storage of medicines;

P

and

(B) Located so they are inaccessible to children.

P

First Aid Supplies

7-208.11 Storage.

First aid supplies that are in a

FOOD ESTABLISHMENT for the EMPLOYEES'

use shall be:

(A) Labeled as specified under § 7-101.11;

P

f

and

(B) Stored in a kit or a container that is located to prevent the

contamination of

FOOD, EQUIPMENT, UTENSILS, and LINENS, and

SINGLE-SERVICE and SINGLE-USE ARTICLES.

P

Index 178

Other Personal Care

I

tems

7-209.11 Storage.

Except as specified under §§ 7-207.12 and 7-208.11, EMPLOYEES

shall store their PERSONAL CARE ITEMS in facilities as specified

under ¶ 6-305.11(B).

7-3 STOCK AND RETAIL SALE

Subpart

7-301 Storage and Display

S

torage and

D

ispla

y

7-301.11 Separation.

POISONOUS or TOXIC MATERIALS shall be stored and displayed for retail

sale so they can not contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and

SINGLE-SERVICE and SINGLE-USE ARTICLES by:

(A) Separating the POISONOUS or TOXIC MATERIALS by spacing or

partitioning;

P

and

(B) Locating the POISONOUS OR TOXIC MATERIALS in an area that is not

above FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE or

SINGLE-USE ARTICLES.

P

Index 179

Chapter

8 Compliance and

Enforcement

Parts

8-1 CODE APPLICABILITY

8-2 PLAN SUBMISSION AND APPROVAL

8-3 PERMIT TO OPERATE

8-4 INSPECTION AND CORRECTION OF VIOLATIONS

8-5 PREVENTION OF FOODBORNE DISEASE TRANSMISSION BY

EMPLOYEES

8-1 CODE APPLICABILITY

Subparts

8-101 Use for Intended Purpose

8-102 Additional Requirements

8-103 Variances

Use for Intended

Purpose

8-101.10 Public Health Protection.

(A) The REGULATORY AUTHORITY shall apply this Code to promote

its underlying purpose, as specified in § 1-102.10, of safeguarding

public health and ensuring that FOOD is safe, unADULTERATED, and

honestly presented when offered to the CONSUMER.

(B) In enforcing the provisions of this Code, the

REGULATORY

AUTHORITY

shall assess existing facilities or EQUIPMENT that were in

use before the effective date of this Code based on the following

considerations:

(1) Whether the facilities or

EQUIPMENT are in good repair and

capable of being maintained in a sanitary condition;

(2) Whether FOOD-CONTACT SURFACES comply with Subpart 4-101;

Index 180

(3) Whether the capacities of cooling, heating, and holding

EQUIPMENT are sufficient to comply with § 4-301.11; and

(4) The existence of a documented agreement with the PERMIT

HOLDER

that the facilities or EQUIPMENT will be replaced as

specified under ¶ 8-304.11(G).

Additional

Requirements

8-102.10 Preventing Health Hazards, Provision for

Conditions Not Addressed.

(A) If necessary to protect against public health HAZARDS or

nuisances, the

REGULATORY AUTHORITY may impose specific

requirements in addition to the requirements contained in this Code

that are authorized by

LAW.

(B) The REGULATORY AUTHORITY shall document the conditions that

necessitate the imposition of additional requirements and the

underlying public health rationale. The documentation shall be

provided to the PERMIT applicant or PERMIT HOLDER and a copy shall

be maintained in the REGULATORY AUTHORITY’S file for the FOOD

ESTABLISHMENT

.

Variances

8-103.10 Modifications and Waivers.

The REGULATORY AUTHORITY may grant a VARIANCE by modifying

or waiving the requirements of this Code if in the opinion of the

REGULATORY AUTHORITY a health HAZARD or nuisance will not result

from the

VARIANCE. If a VARIANCE is granted, the REGULATORY

AUTHORITY

shall retain the information specified under § 8-103.11 in

its records for the

FOOD ESTABLISHMENT.

8-103.11 Documentation of Proposed Variance and

Justification.

Before a

VARIANCE from a requirement of this Code is APPROVED, the

information that shall be provided by the PERSON requesting the

VARIANCE and retained in the REGULATORY AUTHORITY'S file on the

FOOD ESTABLISHMENT includes:

(A) A statement of the proposed

VARIANCE of the Code requirement

citing relevant Code section numbers;

Pf

Index 181

(B) An analysis of the rationale for how the potential public health

HAZARDS and nuisances addressed by the relevant Code sections

will be alternatively addressed by the proposal;

Pf

and

(C) A HACCP PLAN if required as specified under ¶ 8-201.13(A) that

includes the information specified under § 8-201.14 as it is

relevant to the VARIANCE requested.

Pf

8-103.12 Conformance with Approved Procedures.

If the REGULATORY AUTHORITY grants a VARIANCE as specified in

§ 8-103.10, or a HACCP PLAN is otherwise required as specified

under § 8-201.13, the

PERMIT HOLDER shall:

(A) Comply with the HACCP

PLANs and procedures that are

submitted as specified under § 8-201.14 and APPROVED as a basis

for the modification or waiver;

P

and

(B) Maintain and provide to the REGULATORY AUTHORITY, upon

request, records specified under ¶¶ 8-201.14(D) and (E) that

demonstrate that the following are routinely employed;

(1) Procedures for monitoring the CRITICAL CONTROL POINTS,

Pf

(2) Monitoring of the CRITICAL CONTROL POINTS,

P

f

(3) Verification of the effectiveness of the operation or

process,

Pf

and

(4) Necessary corrective actions if there is failure at a

CRITICAL CONTROL POINT.

Pf

8-2 PLAN SUBMISSION AND APPROVAL

Subparts

8-201 Facility and Operating Plans

8-202 Confidentiality

8-203 Construction Inspection and Approval

Facility and

8-201.11 When Plans Are Required.

Index 182

Operating Plans

A PERMIT applicant or PERMIT HOLDER shall submit to the

REGULATORY AUTHORITY properly prepared plans and specifications

for review and approval before:

(A) The construction of a FOOD ESTABLISHMENT;

P

f

(B) The conversion of an existing structure for use as a FOOD

ESTABLISHMENT;

Pf

or

(C) The remodeling of a

FOOD ESTABLISHMENT or a change of type

of FOOD ESTABLISHMENT or FOOD operation as specified under

¶ 8-302.14(C) if the REGULATORY AUTHORITY determines that

plans and specifications are necessary to ensure compliance with

this Code.

Pf

8-201.12 Contents of the Plans and Specifications.

The plans and specifications for a FOOD ESTABLISHMENT, including

a FOOD ESTABLISHMENT specified under § 8-201.13, shall include, as

required by the REGULATORY AUTHORITY based on the type of

operation, type of FOOD preparation, and FOODS prepared, the

following information to demonstrate conformance with Code

provisions:

(A) Intended menu;

(B) Anticipated volume of FOOD to be stored, prepared, and sold or

served;

(C) Proposed layout, mechanical schematics, construction materials,

and finish schedules;

(D) Proposed

EQUIPMENT types, manufacturers, model numbers,

locations, dimensions, performance capacities, and installation

specifications;

(E) Evidence that standard procedures that ensure compliance with

the requirements of this Code are developed or are being

developed; and

(F) Other information that may be required by the

REGULATORY

AUTHORITY

for the proper review of the proposed construction,

conversion or modification, and procedures for operating a

FOOD

ESTABLISHMENT.

Index 183

8-201.13 When a HACCP Plan is Required.

(A) Before engaging in an activity that requires a HACCP PLAN, a

PERMIT applicant or PERMIT HOLDER shall submit to the

REGULATORY AUTHORITY for approval a properly prepared HACCP

PLAN

as specified under § 8-201.14 and the relevant provisions of

this Code if:

(1) Submission of a HACCP PLAN is required according to LAW;

(2) A VARIANCE is required as specified under Subparagraph 3-

401.11(D)(4), § 3-502.11, or ¶ 4-204.110(B);

(3) The REGULATORY AUTHORITY determines that a FOOD

preparation or processing method requires a VARIANCE based

on a plan submittal specified under § 8-201.12, an inspectional

finding, or a VARIANCE request.

(B) A PERMIT applicant or PERMIT HOLDER shall have a properly

prepared HACCP PLAN as specified under § 3-502.12.

8-201.14 Contents of a HACCP Plan.

For a FOOD ESTABLISHMENT that is required under § 8-201.13 to

have a HACCP PLAN, the plan and specifications shall indicate:

(A) A categorization of the types of POTENTIALLY HAZARDOUS

FOODS (TIME/TEMPERATURE CONTROL FOR SAFETY FOODS) that

are specified in the menu such as soups and sauces, salads, and

bulk, solid

FOODS such as MEAT roasts, or of other FOODS that

are specified by the

REGULATORY AUTHORITY;

Pf

(B) A flow diagram by specific FOOD or category type identifying

CRITICAL CONTROL POINTS and providing information on the

following:

(1) Ingredients, materials, and

EQUIPMENT used in the

preparation of that FOOD,

Pf

and

(2) Formulations or recipes that delineate methods and

procedural control measures that address the FOOD safety

concerns involved;

Pf

Index 184

(C) FOOD EMPLOYEE and supervisory training plan that addresses

the FOOD safety issues of concern;

Pf

(D) A statement of standard operating procedures for the plan

under consideration including clearly identifying:

(1) Each CRITICAL CONTROL POINT,

P

f

(2) The

CRITICAL LIMITS for each CRITICAL CONTROL POINT,

P

f

(3) The method and frequency for monitoring and

controlling each CRITICAL CONTROL POINT by the FOOD

EMPLOYEE designated by the PERSON IN CHARGE,

Pf

(4) The method and frequency for the PERSON IN CHARGE to

routinely verify that the FOOD EMPLOYEE is following

standard operating procedures and monitoring CRITICAL

CONTROL POINTS

,

Pf

(5) Action to be taken by the PERSON IN CHARGE if the

CRITICAL LIMITS for each CRITICAL CONTROL POINT are not

met,

Pf

and

(6) Records to be maintained by the PERSON IN CHARGE to

demonstrate that the HACCP PLAN is properly operated and

managed;

Pf

and

(E) Additional scientific data or other information, as required

by the REGULATORY AUTHORITY, supporting the determination

that FOOD safety is not compromised by the proposal.

Pf

Confidentiality

8-202.10 Trade Secrets.

The

REGULATORY AUTHORITY shall treat as confidential in

accordance with LAW, information that meets the criteria specified in

LAW for a trade secret and is contained on inspection report forms

and in the plans and specifications submitted as specified under

§§ 8-201.12 and 8-201.14.

Construction

Inspection and

Approval

8-203.10 Preoperational Inspections.

The

REGULATORY AUTHORITY shall conduct one or more

preoperational inspections to verify that the

FOOD ESTABLISHMENT is

constructed and equipped in accordance with the

APPROVED plans

Index 185

and APPROVED modifications of those plans, has established standard

operating procedures as specified under ¶ 8-201.12(E), and is in

compliance with LAW and this Code.

8-3 PERMIT TO OPERATE

Subparts

8-301 Requirement

8-302 Application Procedure

8-303 Issuance

8-304 Conditions of Retention

Requirement

8-301.11 Prerequisite for Operation.

A PERSON may not operate a FOOD ESTABLISHMENT without a valid

PERMIT to operate issued by the REGULATORY AUTHORITY.

Pf

Application

Procedure

8-302.11 Submission 30 Calendar Days Before Proposed

Opening.

An applicant shall submit an application for a PERMIT at least 30

calendar days before the date planned for opening a FOOD

ESTABLISHMENT or the expiration date of the current PERMIT for an

existing facility.

8-302.12 Form of Submission.

A

PERSON desiring to operate a FOOD ESTABLISHMENT shall submit

to the REGULATORY AUTHORITY a written application for a PERMIT

on a form provided by the

REGULATORY AUTHORITY.

8-302.13 Qualifications and Responsibilities of

Applicants.

To qualify for a PERMIT, an applicant shall:

(A) Be an owner of the

FOOD ESTABLISHMENT or an officer of the

legal ownership;

(B) Comply with the requirements of this Code;

Index 186

(C) As specified under § 8-402.11, agree to allow access to the

FOOD ESTABLISHMENT and to provide required information; and

(D) Pay the applicable PERMIT fees at the time the application is

submitted.

8-302.14 Contents of the Application.

The application shall include:

(A) The name, birth date, mailing address, telephone number, and

signature of the

PERSON applying for the PERMIT and the name,

mailing address, and location of the

FOOD ESTABLISHMENT;

(B) Information specifying whether the FOOD ESTABLISHMENT is

owned by an association, corporation, individual, partnership, or

other legal entity;

(C) A statement specifying whether the FOOD ESTABLISHMENT:

(1) Is mobile or stationary and temporary or permanent, and

(2) Is an operation that includes one or more of the following:

(a) Prepares, offers for sale, or serves POTENTIALLY

HAZARDOUS

FOOD (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

):

(i) Only to order upon a

CONSUMER'S request,

(ii) In advance in quantities based on projected

CONSUMER demand and discards FOOD that is not sold

or served at an APPROVED frequency, or

(iii) Using time as the public health control as specified

under § 3-501.19,

(b) Prepares POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) in

advance using a

FOOD preparation method that involves

two or more steps which may include combining

POTENTIALLY HAZARDOUS (TIME/TEMPERATURE CONTROL

FOR SAFETY FOOD

) ingredients; cooking; cooling;

reheating; hot or cold holding; freezing; or thawing,

Index 18

7

(c) Prepares FOOD as specified under Subparagraph (C)(2)(b)

of this section for delivery to and consumption at a

location off the

PREMISES of the FOOD ESTABLISHMENT

where it is prepared,

(d) Prepares

FOOD as specified under Subparagraph

(C)(2)(b) of this section for service to a HIGHLY

SUSCEPTIBLE POPULATION

,

(e) Prepares only

FOOD that is not POTENTIALLY HAZARDOUS

(TIME/TEMPERATURE CONTROL OF SAFETY FOOD), or

(f) Does not prepare, but offers for sale only pre

PACKAGED

FOOD that is not POTENTIALLY HAZARDOUS

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD);

(D) The name, title, address, and telephone number of the

PERSON directly responsible for the FOOD ESTABLISHMENT;

(E) The name, title, address, and telephone number of the PERSON

who functions as the immediate supervisor of the PERSON

specified under ¶ (D) of this section such as the zone, district, or

regional supervisor;

(F) The names, titles, and addresses of:

(1) The PERSONS comprising the legal ownership as specified

under ¶ (B) of this section including the owners and officers,

and

(2) The local resident agent if one is required based on the type

of legal ownership;

(G) A statement signed by the applicant that:

(1) Attests to the accuracy of the information provided in the

application, and

(2) Affirms that the applicant will:

(a) Comply with this Code, and

(b) Allow the

REGULATORY AUTHORITY access to the

establishment as specified under § 8-402.11 and to the

records specified under §§ 3-203.12 and 5-205.13 and

Index 188

Subparagraph 8-201.14(D)(6); and

(H) Other information required by the REGULATORY AUTHORITY.

Issuance

8-303.10 New, Converted, or Remodeled

Establishments.

For

FOOD ESTABLISHMENTS that are required to submit plans as

specified under § 8-201.11 the

REGULATORY AUTHORITY shall issue

a PERMIT to the applicant after:

(A) A properly completed application is submitted;

(B) The required fee is submitted;

(C) The required plans, specifications, and information are reviewed

and APPROVED; and

(D) A preoperational inspection as specified in § 8-203.10 shows

that the establishment is built or remodeled in accordance with

the APPROVED plans and specifications and that the

establishment is in compliance with this Code.

8-303.20 Existing Establishments, Permit Renewal,

and Change of Ownership.

The REGULATORY AUTHORITY may renew a PERMIT for an existing

FOOD ESTABLISHMENT or may issue a PERMIT to a new owner of an

existing FOOD ESTABLISHMENT after a properly completed

application is submitted, reviewed, and

APPROVED, the fees are paid,

and an inspection shows that the establishment is in compliance with

this Code.

8-303.30 Denial of Application for Permit, Notice.

If an application for a

PERMIT to operate is denied, the REGULATORY

AUTHORITY

shall provide the applicant with a notice that includes:

(A) The specific reasons and Code citations for the PERMIT

denial;

(B) The actions, if any, that the applicant must take to qualify for

a

PERMIT; and

Index 189

(C) Advisement of the applicant's right of appeal and the process

and time frames for appeal that are provided in LAW.

Conditions of

Retention

8-304.10 Responsibilities of the Regulatory

Authority.

(A) At the time a PERMIT is first issued, the REGULATORY

AUTHORITY

shall provide to the PERMIT HOLDER a copy of

this Code so that the PERMIT HOLDER is notified of the

compliance requirements and the conditions of retention, as

specified under § 8-304.11, that are applicable to the PERMIT.

(B) Failure to provide the information specified in ¶ (A) of this

section does not prevent the REGULATORY AUTHORITY from taking

authorized action or seeking remedies if the PERMIT HOLDER fails to

comply with this Code or an order, warning, or directive of the

REGULATORY AUTHORITY.

8-304.11 Responsibilities of the Permit Holder.

Upon acceptance of the PERMIT issued by the REGULATORY

AUTHORITY

, the PERMIT HOLDER in order to retain the PERMIT shall:

(A) Post the PERMIT in a location in the FOOD ESTABLISHMENT that is

conspicuous to CONSUMERS;

(B) Comply with the provisions of this Code including the

conditions of a granted VARIANCE as specified under § 8-103.12,

and APPROVED plans as specified under

§ 8-201.12;

(C) If a

FOOD ESTABLISHMENT is required under § 8-201.13 to

operate under a HACCP

PLAN, comply with the plan as specified

under § 8-103.12;

(D) Immediately contact the

REGULATORY AUTHORITY to report an

illness of a

FOOD EMPLOYEE or CONDITIONAL EMPLOYEE as

specified under ¶ 2-201.11(B);

(E) Immediately discontinue operations and notify the

REGULATORY

AUTHORITY

if an IMMINENT HEALTH HAZARD may exist as

specified under § 8-404.11;

(F) Allow representatives of the REGULATORY AUTHORITY access

to the

FOOD ESTABLISHMENT as specified under § 8-402.11;

Index 190

(G) Replace existing facilities and EQUIPMENT specified in

§ 8-101.10 with facilities and EQUIPMENT that comply with this

Code if:

(1) The REGULATORY AUTHORITY directs the replacement

because the facilities and EQUIPMENT constitute a public health

HAZARD or nuisance or no longer comply with the criteria upon

which the facilities and EQUIPMENT were accepted,

(2) The REGULATORY AUTHORITY directs the replacement of the

facilities and EQUIPMENT because of a change of ownership,

or

(3) The facilities and

EQUIPMENT are replaced in the normal

course of operation;

(H) Comply with directives of the

REGULATORY AUTHORITY

including time frames for corrective actions specified in

inspection reports, notices, orders, warnings, and other

directives issued by the REGULATORY AUTHORITY in regard

to the PERMIT HOLDER'S FOOD ESTABLISHMENT or in response

to community emergencies;

(I) Accept notices issued and served by the REGULATORY

AUTHORITY

according to LAW; and

(J) Be subject to the administrative, civil, injunctive, and

criminal remedies authorized in LAW for failure to comply with

this Code or a directive of the REGULATORY AUTHORITY,

including time frames for corrective actions specified in

inspection reports, notices, orders, warnings, and other

directives.

8-304.20 Permits Not Transferable.

A PERMIT may not be transferred from one PERSON to another

PERSON, from one FOOD ESTABLISHMENT to another, or from

one type of operation to another if the

FOOD operation

changes from the type of operation specified in the

application as specified under ¶ 8-302.14(C) and the change

in operation is not

APPROVED.

Index 191

8-4 INSPECTION AND CORRECTION OF VIOLATIONS

Subparts

8-401 Frequency

8-402 Competency and Access

8-403 Report of Findings

8-404 Imminent Health Hazard

8-405 Priority Item or Priority Foundation Item

Violation

8-406 Core Item Violation

Frequency

8-401.10 Establishing Inspection Interval.

(A) Except as specified in ¶¶ (B) and (C) of this section, the

REGULATORY AUTHORITY shall inspect a FOOD ESTABLISHMENT at

least once every 6 months.

(B) The REGULATORY AUTHORITY may increase the interval between

inspections beyond 6 months if:

(1) The FOOD ESTABLISHMENT is fully operating under an

APPROVED and validated HACCP PLAN as specified under

§ 8-201.14 and ¶¶ 8-103.12(A) and (B);

(2) The FOOD ESTABLISHMENT is assigned a less frequent inspection

frequency based on a written

RISK-based inspection schedule

that is being uniformly applied throughout the jurisdiction and

at least once every 6 months the establishment is contacted by

telephone or other means by the REGULATORY AUTHORITY to

ensure that the establishment manager and the nature of FOOD

operation are not changed; or

(3) The establishment's operation involves only coffee service

and other unPACKAGED or prePACKAGED FOOD that is not

POTENTIALLY HAZARDOUS (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD

) such as carbonated BEVERAGES and snack FOOD

such as chips, nuts, popcorn, and pretzels.

Index 192

(C) The REGULATORY AUTHORITY shall periodically inspect

throughout its PERMIT period a TEMPORARY FOOD

ESTABLISHMENT that prepares, sells, or serves unPACKAGED

POTENTIALLY HAZARDOUS

FOOD (TIME/TEMPERATURE CONTROL

FOR SAFETY FOOD

) and that:

(1) Has improvised rather than permanent facilities or

EQUIPMENT for accomplishing functions such as handwashing,

FOOD preparation and protection, FOOD temperature control,

WAREWASHING, providing DRINKING WATER, waste retention and

disposal, and insect and rodent control; or

(2) Has inexperienced FOOD EMPLOYEES.

8-401.20 Performance- and Risk-Based.

Within the parameters specified in § 8-401.10, the REGULATORY

AUTHORITY

shall prioritize, and conduct more frequent inspections

based upon its assessment of a FOOD ESTABLISHMENT'S history of

compliance with this Code and the establishment's potential as a

vector of foodborne illness by evaluating:

(A) Past performance, for nonconformance with Code or

HACCP PLAN requirements that are PRIORITY ITEMS or PRIORITY

FOUNDATION ITEMS

;

(B) Past performance, for numerous or repeat violations of Code

or HACCP PLAN requirements that are CORE ITEMS;

(C) Past performance, for complaints investigated and found to

be valid;

(D) The

HAZARDS associated with the particular FOODS that are

prepared, stored, or served;

(E) The type of operation including the methods and extent of

FOOD storage, preparation, and service;

(F) The number of people served; and

(G) Whether the population served is a HIGHLY SUSCEPTIBLE

POPULATION

.

Index 193

8-402.10 Competency of Inspectors.

An authorized representative of the REGULATORY AUTHORITY who

inspects a

FOOD ESTABLISHMENT or conducts plan review for

compliance with this Code shall have the knowledge, skills, and

ability to adequately perform the required duties.

Access

8-402.11 Allowed at Reasonable Times after Due

Notice.

After the

REGULATORY AUTHORITY presents official credentials and

provides notice of the purpose of, and an intent to conduct, an

inspection, the

PERSON IN CHARGE shall allow the REGULATORY

AUTHORITY

to determine if the FOOD ESTABLISHMENT is in

compliance with this Code by allowing access to the establishment,

allowing inspection, and providing information and records

specified in this Code and to which the REGULATORY AUTHORITY is

entitled according to LAW, during the FOOD ESTABLISHMENT'S hours

of operation and other reasonable times.

8-402.20 Refusal, Notification of Right to Access, and

Final Request for Access.

If a PERSON denies access to the REGULATORY AUTHORITY, the

REGULATORY AUTHORITY shall:

(A) Inform the PERSON that:

(1) The

PERMIT HOLDER is required to allow access to the

REGULATORY AUTHORITY as specified under § 8-402.11 of

this Code,

(2) Access is a condition of the acceptance and retention of a

FOOD ESTABLISHMENT PERMIT to operate as specified under

¶ 8-304.11(F), and

(3) If access is denied, an order issued by the appropriate

authority allowing access, hereinafter referred to as an

inspection order, may be obtained according to LAW; and

(B) Make a final request for access.

Index 194

8-402.30 Refusal, Reporting.

If after the REGULATORY AUTHORITY presents credentials and

provides notice as specified under § 8-402.11, explains the authority

upon which access is requested, and makes a final request for access

as specified in § 8-402.20, the PERSON IN CHARGE continues to

REFUSE access, the REGULATORY AUTHORITY shall provide details of

the denial of access on an inspection report form.

8-402.40 Inspection Order to Gain Access.

If denied access to a FOOD ESTABLISHMENT for an authorized

purpose and after complying with § 8-402.20, the

REGULATORY

AUTHORITY may issue, or apply for the issuance of, an inspection

order to gain access as provided in LAW.

Report of

Findings

8-403.10 Documenting Information and Observations.

The REGULATORY AUTHORITY shall document on an inspection

report form:

(A) Administrative information about the FOOD ESTABLISHMENT'S

legal identity, street and mailing addresses, type of

establishment and operation as specified under

(B) Specific factual observations of violative conditions or other

deviations from this Code that require correction by the PERMIT

HOLDER

including:

(1) Failure of the

PERSON IN CHARGE to demonstrate the

knowledge of foodborne illness prevention, application of

HACCP principles, and the requirements of this Code as

specified under § 2-102.11,

(2) Failure of

FOOD EMPLOYEES, CONDITIONAL EMPLOYEES, and

the PERSON IN CHARGE to report a disease or medical

condition as specified under ¶¶ 2-201.11(B) and (D),

(3) Nonconformance with

PRIORITY ITEMS OR PRIORITY

FOUNDATION ITEMS

of this Code,

(4) Failure of the appropriate

FOOD EMPLOYEES to demonstrate

their knowledge of, and ability to perform in accordance

with, the procedural, monitoring, verification, and corrective

Index 195

action practices required by the REGULATORY AUTHORITY as

specified under § 8-103.12,

(5) Failure of the

PERSON IN CHARGE to provide records required

by the

REGULATORY AUTHORITY for determining

conformance with a HACCP PLAN as specified under

Subparagraph 8-201.14(D)(6), and

(6) Nonconformance with

CRITICAL LIMITS of a HACCP PLAN.

8-403.20 Specifying Time Frame for Corrections.

The REGULATORY AUTHORITY shall specify on the inspection report

form the time frame for correction of the violations as specified

under §§ 8-404.11, 8-405.11, and 8-406.11.

8-403.30 Issuing Report and Obtaining

Acknowledgment of Receipt.

At the conclusion of the inspection and according to

LAW, the

REGULATORY AUTHORITY shall provide a copy of the completed

inspection report and the notice to correct violations to the PERMIT

HOLDER

or to the PERSON IN CHARGE, and request a signed

acknowledgment of receipt.

8-403.40 Refusal to Sign Acknowledgment.

The

REGULATORY AUTHORITY shall:

(A) Inform a

PERSON who declines to sign an acknowledgment of

receipt of inspectional findings as specified in § 8-403.30 that:

(1) An acknowledgment of receipt is not an agreement with

findings,

(2) Refusal to sign an acknowledgment of receipt will not affect

the

PERMIT HOLDER'S obligation to correct the

violations noted in the inspection report within the time frames

specified, and

(3) A refusal to sign an acknowledgment of receipt is noted

in the inspection report and conveyed to the

REGULATORY

AUTHORITY

'S historical record for the FOOD ESTABLISHMENT;

Index 196

and

(B) Make a final request that the PERSON IN CHARGE sign an

acknowledgment receipt of inspectional findings.

8-403.50 Public Information.

Except as specified in § 8-202.10, the

REGULATORY AUTHORITY

shall treat the inspection report as a public document and shall make

it available for disclosure to a

PERSON who requests it as provided in

LAW.

Imminent Health

Hazard

8-404.11 Ceasing Operations and Reporting.

(A) Except as specified in ¶ (B) of this section, a PERMIT HOLDER

shall immediately discontinue operations and notify the

REGULATORY AUTHORITY if an IMMINENT HEALTH HAZARD may exist

because of an emergency such as a fire, flood, extended interruption

of electrical or water service, SEWAGE backup, misuse of POISONOUS

OR TOXIC MATERIALS

, onset of an apparent foodborne illness

outbreak, gross insanitary occurrence or condition, or other

circumstance that may endanger public health.

P

(B) A PERMIT HOLDER need not discontinue operations in an area of

an establishment that is unaffected by the IMMINENT HEALTH HAZARD.

8-404.12 Resumption of Operations.

If operations are discontinued as specified under § 8-404.11 or

otherwise according to LAW, the PERMIT HOLDER shall obtain

approval from the

REGULATORY AUTHORITY before resuming

operations.

Violation of Priority

Item or Priority

Foundation Item

8-405.11 Timely Correction.

(A) Except as specified in ¶ (B) of this section, a PERMIT HOLDER

shall at the time of inspection correct a violation of a PRIORITY ITEM

OR PRIORITY FOUNDATION ITEM

of this Code and implement

corrective actions for a HACCP PLAN provision that is not in

compliance with its

CRITICAL LIMIT.

Pf

Index 19

7

(B) Considering the nature of the potential HAZARD involved and the

complexity of the corrective action needed, the REGULATORY

AUTHORITY

may agree to or specify a longer time frame, not to

exceed 10 calendar days after the inspection, for the PERMIT HOLDER

to correct violations of a PRIORITY ITEM OR PRIORITY FOUNDATION

ITEM

or HACCP PLAN deviations.

8-405.20 Verification and Documentation of

Correction.

(A) After observing at the time of inspection a correction of a

violation of a PRIORITY ITEM or PRIORITY FOUNDATION ITEM or a

HACCP

PLAN deviation, the REGULATORY AUTHORITY shall enter the

violation and information about the corrective action on the

inspection report.

(B) As specified under ¶ 8-405.11(B), after receiving notification

that the

PERMIT HOLDER has corrected a violation of a PRIORITY ITEM

OR PRIORITY FOUNDATION ITEM

or HACCP PLAN deviation, or at the

end of the specified period of time, the REGULATORY AUTHORITY

shall verify correction of the violation, document the information on

an inspection report, and enter the report in the REGULATORY

AUTHORITY

'S records.

Core Item

Violation

8-406.11 Time Frame for Correction.

(A) Except as specified in ¶ (B) of this section, the PERMIT HOLDER

shall correct CORE ITEMS by a date and time agreed to or specified by

the

REGULATORY AUTHORITY but no later than 90 calendar days after

the inspection.

(B) The REGULATORY AUTHORITY may approve a compliance schedule

that extends beyond the time limits specified under ¶ (A) of this

section if a written schedule of compliance is submitted by the

PERMIT HOLDER and no health HAZARD exists or will result from

allowing an extended schedule for compliance.

8-5 PREVENTION OF FOODBORNE DISEASE TRANSMISSION BY

EMPLOYEES

Subpart

8-501 Investigation and Control

Index 198

Investigation

and Control

8-501.10 Obtaining Information: Personal History of

Illness, Medical Examination, and

Specimen Analysis.

The REGULATORY AUTHORITY shall act when it has reasonable cause

to believe that a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE has

possibly transmitted disease; may be infected with a disease in a

communicable form that is transmissible through FOOD; may be a

carrier of infectious agents that cause a disease that is transmissible

through FOOD; or is affected with a boil, an infected wound, or acute

respiratory infection, by:

(A) Securing a confidential medical history of the FOOD

EMPLOYEE or CONDITIONAL EMPLOYEE suspected of transmitting

disease or making other investigations as deemed appropriate;

and

(B) Requiring appropriate medical examinations, including

collection of specimens for laboratory analysis, of a suspected

FOOD EMPLOYEE or CONDITIONAL EMPLOYEE.

8-501.20 Restriction or Exclusion of Food Employee,

or Summary Suspension of Permit.

Based on the findings of an investigation related to a FOOD

EMPLOYEE or CONDITIONAL EMPLOYEE who is suspected of being

infected or diseased, the REGULATORY AUTHORITY may issue an

order to the suspected

FOOD EMPLOYEE, CONDITIONAL EMPLOYEE or

PERMIT HOLDER instituting one or more of the following control

measures:

(A) RESTRICTING the FOOD EMPLOYEE or CONDITIONAL

EMPLOYEE

;

(B) E

XCLUDING the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE;

or

(C) Closing the

FOOD ESTABLISHMENT by summarily suspending

a PERMIT to operate in accordance with LAW.

Index 199

8-501.30 Restriction or Exclusion Order: Warning or

Hearing Not Required, Information

Required in Order.

Based on the findings of the investigation as specified in § 8-501.10

and to control disease transmission, the REGULATORY AUTHORITY

may issue an order of RESTRICTION or EXCLUSION to a suspected

FOOD EMPLOYEE or the PERMIT HOLDER without prior warning,

notice of a hearing, or a hearing if the order:

(A) States the reasons for the RESTRICTION or EXCLUSION that is

ordered;

(B) States the evidence that the

FOOD EMPLOYEE or PERMIT

HOLDER

shall provide in order to demonstrate that the reasons for

the RESTRICTION or EXCLUSION are eliminated;

(C) States that the suspected FOOD EMPLOYEE or the PERMIT

HOLDER

may request an appeal hearing by submitting a timely

request as provided in LAW; and

(D) Provides the name and address of the REGULATORY

AUTHORITY

representative to whom a request for an appeal

hearing may be made.

8-501.40 Removal of Exclusions and Restrictions.

The REGULATORY AUTHORITY shall release a FOOD EMPLOYEE, OR

CONDITIONAL EMPLOYEE

from RESTRICTION or EXCLUSION according

to

LAW and the conditions specified under § 2-201.13.

Index 200

INDEX

a

w,

definition, 3

Access

allowed after due notice, 206

application for inspection order, 206

notification of right, 206

owner agreement, 196, 206

refusal, 206

Accuracy, 109-110

Acidity. See pH, 14

Accreditation

definition, 2

equipment certification program, 119

manager certification program, 28

Additive, food and color

definition, 2

food upon receipt, 55

limitations, 90, 186-187

sulfites, 66

unapproved, protection from, 66

Adulterated

definition, 2

food condition, 49

Air-drying

equipment and utensils, 143

wiping cloths, locations, 143

Air filtration, 157

Air gap. See Backflow Prevention, Plumbing System

Air temperature, 83-84, 115