R9-8 Food Recreational and Institutional Sanitation, Article 1

Contents

Chapter 1

Purpose and Definitions

TITLE 9. HEALTH SERVICES

CHAPTER 8: DEPARTMENT OF HEALTH SERVICES

FOOD, RECREATIONAL AND INSTITUTIONAL SANITATION

ARTICLE 1. FOOD AND DRINK

CHAPTER 1

PURPOSE AND DEFINITIONS 1

CHAPTER 2

MANAGEMENT AND PERSONNEL 18

CHAPTER 3

FOOD 35

CHAPTER 4

EQUIPMENT, UTENSILS, AND LINENS 77

CHAPTER 5

WATER, PLUMBING, AND WASTE 118

CHAPTER 6

PHYSICAL FACILITIES 137

CHAPTER 7

POISONOUS OR TOXIC MATERIALS 153

CHAPTER 8

COMPLIANCE AND ENFORCEMENT 160

1-1

TITLE, INTENT, SCOPE 1

1-101 Title 1

R9-8-102. Applicability 1

1-2 DEFINITIONS 2

1-201 Applicability and Terms Defined 2

Chapter 2

Management and Personnel

Chapter 3

Food

2-1

SUPERVISION 19

2-101 Responsibility 19

2-102 Knowledge 19

2-103 Duties 21

2-2 EMPLOYEE HEALTH 23

2-201 Disease or Medical Condition 23

2-3

PERSONAL CLEANLINESS 29

2-301 Hands and Arms 29

2-302 Fingernails 32

2-303 Jewelry 32

2-304 Outer Clothing 32

2-4

HYGIENIC PRACTICES 33

2-401 Food Contamination Prevention 33

2-402 Hair Restraints 33

2-403 Animals 34

3-1 CHARACTERISTICS 35

3-101 Condition 35

3-2

SOURCES, SPECIFICATIONS, AND ORIGINAL CONTAINERS

AND RECORDS 36

3-201 Sources 36

3-202 Specifications for Receiving 40

3-203 Original Containers and Records 43

iii

3-3 PROTECTION FROM CONTAMINATION AFTER RECEIVING 45

3-301 Preventing Contamination by Employees 45

3-302 Preventing Food and Ingredient Contamination 46

3-303 Preventing Contamination from Ice Used

as a Coolant 48

3-304 Preventing Contamination from Equipment,

Utensils, and Linens 49

3-305 Preventing Contamination from the Premises 52

3-306 Preventing Contamination by Consumers 53

3-307 Preventing Contamination from Other Sources 55

3-4

DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH CONCERN 55

3-401 Cooking 55

3-402 Freezing 59

3-403 Reheating 59

3-5 LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC

HEALTH CONCERN 60

3-501 Temperature and Time Control 60

3-502 Specialized Processing Methods 68

3-6

FOOD IDENTITY, PRESENTATION, AND ON-PREMISES

LABELING 71

3-601 Accurate Representation 71

3-602 Labeling 71

3-603 Consumer Advisory 73

3-7

CONTAMINATED FOOD 73

3-701 Disposition 73

3-8 SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE

POPULATIONS 74

3-801 Additional Safeguards 74

Chapter 4

Equipment, Utensils, and Linens

4-1

MATERIALS FOR CONSTRUCTION AND REPAIR 77

4-101 Multiuse 77

4-102 Single-Service and Single-Use 80

4-2 DESIGN AND CONSTRUCTION

4-201 Durability and Strength 81

4-202 Cleanability 81

4-203 Accuracy 83

4-204 Functionality 84

4-205 Acceptability 92

4-3

NUMBERS AND CAPACITIES 93

4-301 Equipment 93

4-302 Utensils, Temperature Measuring Devices, and

Testing Devices 95

4-4 LOCATION AND INSTALLATION 96

4-401 Location 96

4-402 Installation 97

4-5

MAINTENANCE AND OPERATION 98

4-501 Equipment 98

4-502 Utensils and Temperature and Pressure

Measuring Devices 103

4-6 CLEANING OF EQUIPMENT AND UTENSILS 104

4-601 Objective 104

4-602 Frequency 104

4-603 Methods 108

4-7 SANITIZATION OF EQUIPMENT AND UTENSILS 111

4-701 Objective 111

4-702 Frequency 111

Chapter 5

Water, Plumbing, and Waste

4-703 Methods 112

4-8

LAUNDERING 113

4-801 Objective 113

4-802 Frequency 113

4-803 Methods 113

4-9

PROTECTION OF CLEAN ITEMS 114

4-901 Drying 114

4-902 Lubricating and Reassembling 115

4-903 Storing 115

4-904 Handling 117

5-1 WATER 117

5-101 Source 117

5-102 Quality 118

5-103 Quantity and Availability 119

5-104 Distribution, Delivery, and Retention 119

5-2

PLUMBING SYSTEM 120

5-201 Materials 120

5-202 Design, Construction, and Installation 121

5-203 Numbers and Capacities 122

5-204 Location and Placement 123

5-205 Operation and Maintenance 123

5-3

MOBILE WATER TANK AND MOBILE FOOD ESTABLISHMENT

WATER TANK 125

5-301 Materials 125

5-302 Design and Construction 126

5-303 Numbers and Capacities 127

5-304 Operation and Maintenance 128

5-4 SEWAGE, OTHER LIQUID WASTE, AND RAINWATER 129

5-401 Mobile Holding Tank 129

5-402 Retention, Drainage, and Delivery 129

Chapter 6

Physical Facilities

5-403 Disposal Facility 130

5-5 REFUSE, RECYCLABLES, AND RETURNABLES 131

5-501 Facilities on the Premises 131

5-502 Removal 135

5-503 Facilities for Disposal and Recycling 135

6-1 MATERIALS FOR CONSTRUCTION AND REPAIR 137

6-101 Indoor Areas 137

6-102 Outdoor Areas 137

6-2 DESIGN, CONSTRUCTION, AND INSTALLATION 137

6-201 Cleanability 137

6-202 Functionality 139

6-3

NUMBERS AND CAPACITIES 143

6-301 Handwashing Facilities 143

6-302 Toilets and Urinals 144

6-303 Lighting 144

6-304 Ventilation 145

6-305 Dressing Areas and Lockers 145

6-306 Service Sinks 145

6-4

LOCATION AND PLACEMENT 146

6-401 Handwashing Facilities 146

6-402 Toilet Rooms 146

6-403 Employee Accommodations 146

6-404 Distressed Merchandise 146

6-405 Refuse, Recyclables, and Returnables 147

6-5 MAINTENANCE AND OPERATION 147

6-501 Premises, Structures, Attachments, and

Fixtures - Methods 147

vii

Chapter 7

Poisonous or Toxic Materials

Chapter 8

Compliance and Enforcement

7-1

LABELING AND IDENTIFICATION 153

7-101 Original Containers 153

7-102 Working Containers 153

7-2 OPERATIONAL SUPPLIES AND APPLICATIONS 154

7-201 Storage 154

7-202 Presence and Use 154

7-203 Container Prohibitions 155

7-204 Chemicals 155

7-205 Lubricants 156

7-206 Pesticides 156

7-207 Medicines 157

7-208 First Aid Supplies 157

7-209 Other Personal Care Items 157

7-3 STOCK AND RETAIL SALE 159

7-301 Storage and Display 159

8-1

CODE APPLICABILITY 160

8-101 Use for Intended Purpose 160

8-102 Additional Requirements 160

8-103 Variances 161

8-2

PLAN SUBMISSION AND APPROVAL 163

8-201 Facility and Operating Plans 163

8-203 Construction Inspection and Approval 165

8-3 LICENSE TO OPERATE 167

8-301 Requirement 167

viii

R9-8-103. Food Establishment License Application 167

R9-8-104. Time-frames 169

R9-8-105. Issuance of License 174

8-304 Conditions of Retention 174

R9-8-106. License Suspension or Revocation 176

8-4 INSPECTION AND CORRECTION OF VIOLATIONS 177

R9-8-108. Inspection Standardization and Documentation 177

8-401 Frequency 179

8-402 Access 180

8-403 Report of Findings 182

8-404 Imminent Health Hazard 183

8-405 Critical Violation 183

8-406 Noncritical Violation 185

R9-8-109 Cease and Desist and Abatement 185

Chapter

1 Purpose and Definitions

Parts

1-1 TITLE, INTENT, SCOPE

1-2 DEFINITIONS

1-1 TITLE, INTENT, SCOPE

Subparts

1-101 Title

R9-8-102 Applicability

1-102 Intent

1-103 Scope

This document incorporates the proposed rule as published in the Arizona Administrative Register on July 14,

2000 and the portions of the Food Code: 1999 Recommendations of the United States Public Health

Service, Food and Drug Administration that are incorporated into the proposed rule by reference.

Chapter 8 of this document includes license application procedures, time-frames as required by

the Administrative Procedure Act, license format, license suspension and revocation, inspection

standardization and documentation, and cease and desist and abatement.

Title 1-101.10

Food Code.

These provisions shall be known as the Food Code, hereinafter

referred to as ?this Code.”

R9-8-102. Applicability

This Article does not apply to the following:

1. Beneficial use of wildlife meat authorized in A.R.S. § 17-240 and

A.A.C. Title 12, Chapter 4, Article 1;

2. Milk and milk products, which shall comply with A.R.S. Title 3,

Chapter 4 and A.A.C. Title 3, Chapter 2, Article 8;

3. Group homes, as defined in A.R.S. Title 36, Chapter 5.1, Article 1;

4. Child care group homes, as defined in A.R.S. Title 36, Chapter 7.1,

Article 4;

5. Residential group care facilities, as defined in A.A.C. Title 6,

Chapter 5, Article 74, that have 20 or fewer clients;

6. Assisted living homes, as defined in A.A.C. Title 9, Chapter 10,

Article 7;

7. Adult day health care services, as defined in A.A.C. Title 9, Chapter

10, Article 7, that have 15 or fewer clients; and

8. Behavioral health service agencies licensed under A.A.C. Title 9,

Chapter 20, that provide residential or partial care services for 10 or

fewer clients.

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 apply in the interpretation and application of this Code.

(B) Terms Defined.

(1) Accredited program.

(a) "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.

(b) "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.

programs.

(2) Additive.

(a) "Food additive" has the meaning stated in A.R.S. § 36-901(7).

(b) "Color additive" has the meaning stated in A.R.S. § 36-901(2).

(3) "Adulterated" means possessing 1 or more of the conditions enumerated in A.R.S.

§ 36-904(A).

(3a) “Agency” means any board, commission, department, office, or other

administrative unit of the federal government, the state, or a political subdivision of the

state.

(3b) “Applicant” means the following PERSON requesting a LICENSE:

a. If an individual, the individual who owns the FOOD ESTABLISHMENT;

b. If a corporation, any 2 officers of the corporation;

c. If a limited liability company, the designated manager or, if no manager is

designated, any 2 members of the limited liability company;

d. If a partnership, any 2 of the partners;

e. If a joint venture, any 2 individuals who signed the joint venture agreement;

f. If a trust, the trustee of the trust;

g. If a religious or nonprofit organization, the individual in the senior leadership

position within the organization.

h. If a school district, the superintendent of the district;

i. If an agency, the individual in the senior leadership position within the agency;

j. If a county, municipality, or other political subdivision of the state, the individual

in the senior leadership position within the county, municipality, or political

subdivision.

(4) "Approved" means acceptable to the REGULATORY AUTHORITY or to the FOOD

regulatory agency that has jurisdiction based on a determination of conformity with

principles, practices, and generally recognized standards that protect public health.

(5) "a

" 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

(6) "Beverage" means a liquid for drinking, including water.

(7) "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.

(8) "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.

(9) CIP.

(a) "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.

(b) "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.

(10) "CFR" means CODE OF FEDERAL REGULATIONS. Citations in this Code to the CFR

refer sequentially to the Title, Part, and Section numbers, such as 21 CFR 178.1010

refers to Title 21, Part 178, Section 1010.

(11) "Code of Federal Regulations" means the compilation of the general and

permanent rules published in the Federal Register by the executive departments and

agencies of the federal government which:

(a) Is published annually by the U.S. Government Printing Office; and

(b) Contains FDA rules in 21 CFR, USDA rules in 7 CFR and 9 CFR, EPA rules in

40 CFR, and Wildlife and Fisheries rules in 50 CFR.

(12) Comminuted.

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

grinding, or mincing.

(b) "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.

(13) "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.

(14) "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, and

does not offer the FOOD for resale.

(15) "Corrosion-resistant material" means a material that maintains acceptable

surface cleanability characteristics under prolonged influence of the FOOD to be

contacted, the normal use of cleaning compounds and SANITIZING solutions, and other

conditions of the use environment.

(16) "Critical control point" means a point or procedure in a specific FOOD system

where loss of control may result in an unacceptable health risk.

(17) Critical Item.

(a) "Critical item" means a provision of this Code, that, if in noncompliance, is more

likely than other violations to contribute to FOOD contamination, illness, or

environmental health HAZARD.

(b) "Critical item" is an item that is denoted in this Code with an asterisk *.

(18) "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.

(18a) “Department” means the Arizona Department of Health Services.

(19) Drinking Water.

(a) "Drinking water" means water that meets 40 CFR 141 National Primary Drinking

Water Regulations.

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

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

"wastewater," and "nondrinking" water.

(20) "Dry storage area" means a room or area designated for the storage of PACKAGED

or containerized bulk FOOD that is not POTENTIALLY HAZARDOUS and dry goods such as

SINGLE-SERVICE items.

(21) Easily Cleanable.

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

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

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

surface; and

(iii) 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.

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

surface as EASILY CLEANABLE as specified under Subparagraph (a) of this definition

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

(i) 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

(ii) 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.

(22) "Easily movable" means:

(a) Portable; mounted on casters, gliders, or rollers; or provided with a mechanical

means to safely tilt a unit of EQUIPMENT for cleaning; and

(b) 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.

(23) "Employee" means the LICENSE HOLDER, PERSON IN CHARGE, 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.

(24) "EPA" means the U.S. Environmental Protection Agency.

(25) Equipment.

(a) "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.

(b) "Equipment" does not include items 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.

(25a) “FC” means the United States Food and Drug Administration publication, Food

Code: 1999 Recommendations of the United States Public Health Service, Food and

Drug Administration (1999), as modified and incorporated by reference in A.A.C. R9-8-

107.

(26) Fish.

(a) "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.

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

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

(27) "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.

(28) "Foodborne disease outbreak" means the occurrence of two or more cases of

a similar illness resulting from the ingestion of a common food.

(29) "Food-contact surface" means:

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

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

(i) Into a FOOD, or

(ii) Onto a surface normally in contact with FOOD.

(30) "Food employee" means an individual working with unPACKAGED FOOD, FOOD

EQUIPMENT or UTENSILS, or FOOD-CONTACT SURFACES.

(31) Food Establishment.

(a) "Food establishment" means an operation that stores, prepares, packages,

serves, vends, or otherwise provides FOOD for human consumption:

(i) Such as a restaurant; satellite or catered feeding location; catering operation

if the operation provides FOOD directly to a CONSUMER or to a conveyance used

to transport people; market; vending location; conveyance used to transport

people; institution; or FOOD bank; and

(ii) That 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.

(b) "Food establishment" includes:

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

preparation facility that supplies a vending location or satellite feeding location

unless the vending or feeding location is PERMITTED by the REGULATORY

AUTHORITY; and

(ii) An operation that is conducted in a mobile, stationary, temporary, or

permanent facility or location; where consumption is on or off the PREMISES; and

regardless of whether there is a charge for the FOOD.

(i) An establishment that offers only prePACKAGED FOODS that are not

POTENTIALLY HAZARDOUS;

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

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

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;

(iv) An area where FOOD that is prepared as specified in Subparagraph (c)(iv) of

this definition is sold or offered for human consumption;

(v) 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

(vi) A private home that receives catered or home-delivered FOOD.

(32) Food Processing Plant.

(a) "Food processing plant" means a FOOD ESTABLISHMENT that manufactures,

packages, labels, or stores FOOD for human consumption and does not provide FOOD

directly to a CONSUMER.

(b) "Food processing plant" does not include a FOOD ESTABLISHMENT as defined

under Subparagraph 1-201.10(B)(31).

(33) Game Animal.

(a) "Game animal" means an animal, the products of which are FOOD, that is not

classified as cattle, sheep, swine, goat, horse, mule, or other equine in 9 CFR

Subchapter A - Mandatory Meat Inspection, Part 301, as Poultry in 9 CFR Subchapter

C - Mandatory Poultry Products Inspection, Part 381, or as FISH as defined under

Subparagraph 1-201.10(B)(26).

(b) "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.

(34) "General use pesticide" means a pesticide that is not classified by EPA

for restricted use as specified in 40 CFR 152.175.

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

Service/FDA "Grade A Pasteurized Milk Ordinance" and "Grade A Condensed and Dry

Milk Ordinance" with which certain fluid and dry milk and milk products comply.

(36) Group Residence.

(a) "Group residence" means a private or public housing corporation or institutional

facility that provides living quarters and meals.

(b) "Group residence" includes a domicile for unrelated PERSONS such as a

retirement home or a long-term health care facility.

(37) "HACCP plan" means a written document that delineates the formal procedures for

following the HAZARD Analysis CRITICAL CONTROL POINT principles developed by The

National Advisory Committee on Microbiological Criteria for Foods.

(38) "Hazard" means a biological, chemical, or physical property that may cause an

unacceptable CONSUMER health risk.

(39) "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.

(40) "Highly susceptible population" means a group of PERSONS who are more likely

than other populations to experience foodborne disease because they are

immunocompromised or older adults and in a facility that provides health care or assisted

living services, such as a hospital or nursing home; or preschool age children in a facility

that provides custodial care, such as a day care center.

(40a) “Incongruous” means inconsistent with the inspection reports of other

inspectors or the REGULATORY AUTHORITY as a whole because significantly more or

fewer violations of individual CRITICAL ITEMS are documented.

(41) "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:

(i) The number of potential injuries, and

(ii) The nature, severity, and duration of the anticipated injury.

(42) "Injected" means manipulating a MEAT so that infectious or toxigenic

microorganisms may be introduced from its surface to its interior through tenderizing with

deep penetration or injecting the MEAT such as by processes which may be referred to

as "injecting," "pinning," or "stitch pumping.”

(43) "Juice", when used in the context of FOOD safety, means the aqueous liquid

expressed or extracted from one or more fruits or vegetables, purées of the edible

portions of one or more fruits or vegetables, or any concentrate of such liquid or

purée. This definition does not apply to standards of identity.

(44) "Kitchenware" means FOOD preparation and storage UTENSILS.

(45) "Law" means applicable local, state, and federal statutes, regulations, and

ordinances.

(46) "Linens" means fabric items such as cloth hampers, cloth napkins, table cloths,

wiping cloths, and work garments including cloth gloves.

(47) "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).

(48) "mg/L" means milligrams per liter, which is the metric equivalent of parts per million

(ppm).

(49) "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.

(50) Packaged.

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

wrapped.

(b) "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.

(51) "License" means the document issued by the REGULATORY AUTHORITY that

authorizes a PERSON to operate a FOOD ESTABLISHMENT.

(52) "License holder" means the entity that:

(a) Is legally responsible for the operation of the FOOD ESTABLISHMENT such as the

owner, the owner's agent, or other PERSON; and

(b) Possesses a valid LICENSE to operate a FOOD ESTABLISHMENT.

(53) "Person" means an association, a corporation, individual, partnership, other legal

entity, government, or governmental subdivision or agency.

(54) "Person in charge" means the individual present at a FOOD ESTABLISHMENT who

is responsible for the operation at the time of inspection.

(55) Personal Care Items.

(a) "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.

(b) "Personal care items" include items such as medicines; first aid supplies; and

other items such as cosmetics, and toiletries such as toothpaste and mouthwash.

(56) "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.

(57) "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.

(58) "Plumbing fixture" means a receptacle or device that:

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

PREMISES and demands a supply of water from the system; or

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

drainage system of the PREMISES.

(59) "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.

(60) "Poisonous or toxic materials" means substances that are not intended for

ingestion and are included in 4 categories:

(a) Cleaners and SANITIZERS, which include cleaning and SANITIZING agents and agents

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

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

rodenticides;

such as nonfood grade lubricants and PERSONAL CARE ITEMS that may be deleterious

to health; and

(d) 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.

(61) Potentially Hazardous Food.

(a) "Potentially hazardous food" means a FOOD that is natural or synthetic and that

requires temperature control because it is in a form capable of supporting:

(i) The rapid and progressive growth of infectious or toxigenic microorganisms;

(ii) The growth and toxin production of Clostridium botulinum; or

(iii) In raw shell eggs, the growth of Salmonella Enteritidis.

(b) "Potentially hazardous food" includes an animal FOOD (a FOOD of animal origin)

that is raw or heat-treated; a FOOD of plant origin that is heat-treated or consists of raw

seed sprouts; cut melons; and garlic-in-oil mixtures that are not modified in a way that

results in mixtures that do not support growth as specified under Subparagraph (a) of

this definition.

(i) An air-cooled hard-boiled egg with shell intact;

(ii) A FOOD with an a

value of 0.85 or less;

(iii) A FOOD with a pH level of 4.6 or below when measured at 24

C (75

F);

(iv) A FOOD, in an unopened HERMETICALLY SEALED CONTAINER, that is

commercially processed to achieve and maintain commercial sterility under

conditions of nonrefrigerated storage and distribution;

(v) A FOOD for which laboratory evidence demonstrates that the rapid and

progressive growth of infectious or toxigenic microorganisms or the growth of

S. Enteritidis in eggs or C. botulinum can not occur, such as a FOOD that has

an a

and a pH that are above the levels specified under Subparagraphs (c)(ii)

and (iii) of this definition and that may contain a preservative, other barrier to the

growth of microorganisms, or a combination of barriers that inhibit the growth of

microorganisms; or

(vi) A FOOD that does not support the growth of microorganisms as specified

under Subparagraph (a) of this definition even though the FOOD may contain an

infectious or toxigenic microorganism or chemical or physical contaminant at

a level sufficient to cause illness.

(62) Poultry.

(a) "Poultry" means:

(i) Any domesticated bird (chickens, turkeys, ducks, geese, or guineas), whether

live or dead, as defined in 9 CFR 381 Poultry Products Inspection Regulations;

and

(ii) Any migratory waterfowl, game bird, or squab such as pheasant, partridge,

quail, grouse, or guineas, whether live or dead, as defined in 9 CFR 362 Voluntary

Poultry Inspection Program.

(b) "Poultry" does not include ratites.

(63) "Premises" means:

(a) The physical facility, its contents, and the contiguous land or property under the

control of the LICENSE HOLDER; or

(b) The physical facility, its contents, and the land or property not described under

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

the LICENSE 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.

(63a) “Prepare” means to process commercially for human consumption by

manufacturing, packaging, labeling, cooking, or assembling.

(64) "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.

(64a) “Public health control” means a method to prevent transmission of foodborne

illness to the CONSUMER.

(65) "Public water system" has the meaning stated in 40 CFR 141 National Primary

Drinking Water Regulations.

(66) Ready-to-Eat Food.

(a) "Ready-to-eat food" means FOOD that is in a form that is edible without washing,

cooking, or additional preparation by the FOOD ESTABLISHMENT or the CONSUMER and

that is reasonably expected to be consumed in that form.

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

(i) POTENTIALLY HAZARDOUS FOOD that is unPACKAGED and cooked to the

temperature and time required for the specific FOOD under Subpart 3-401;

(ii) Raw, washed, cut fruits and vegetables;

(iii) Whole, raw fruits and vegetables that are presented for consumption without

the need for further washing, such as at a buffet; and

(iv) Other FOOD presented for consumption for which further washing or cooking

is not required and from which rinds, peels, husks, or shells are removed.

(67) Reduced Oxygen Packaging.

(a) "Reduced oxygen packaging" means:

(1) 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 surrounding, 21%

oxygen atmosphere, and

(2) A process as specified in Subparagraph (a)(1) of this definition

that involves a FOOD for which Clostridium botulinum is identified

as a microbiological HAZARD in the final PACKAGED form.

(b) "Reduced oxygen packaging" includes:

(i) 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, such as sous vide;

(ii) 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; and

(iii) 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.

(68) "Refuse" means solid waste not carried by water through the SEWAGE system.

(69) "Regulatory authority" means the Department or a local health department or

public health services district operating under a delegation of authority from the

Department.

(69a) “Remodel” means to change the PHYSICAL FACILITIES or PLUMBING

FIXTURES in a FOOD ESTABLISHMENT’S FOOD preparation, storage, or cleaning

areas through construction, replacement, or relocation, but does not include the

replacement of old EQUIPMENT with new EQUIPMENT of the same type.

(69b) “Requester” means a PERSON who requests an approval from the

REGULATORY AUTHORITY, but who is not an applicant or a LICENSE HOLDER.

(70) "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.

(71) "Safe material" means:

(a) 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;

(b) An additive that is used as specified in § 409 or 706 of the Federal Food, Drug,

and Cosmetic Act; or

applicable regulations of the Food and Drug Administration.

(72) "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.

(73) "Sealed" means free of cracks or other openings that allow the entry or passage of

moisture.

(74) "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.

(75) "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.

(76) "Sewage" means liquid waste containing animal or vegetable matter in suspension

or solution and may include liquids containing chemicals in solution.

(77) "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.

(78) "Shellstock" means raw, in-shell MOLLUSCAN SHELLFISH.

(79) "Shucked shellfish" means MOLLUSCAN SHELLFISH that have one or both shells

removed.

(80) "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.

(81) Single-Use Articles.

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

constructed to be used once and discarded.

(b) "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.

(82) "Slacking" means the process of moderating the temperature of a FOOD such as

allowing a FOOD to gradually increase from a temperature of -23

C (-10

F) to -4

C (25

in preparation for deep-fat frying or to facilitate even heat penetration during the cooking

of previously block-frozen FOOD such as spinach.

(83) "Smooth" means:

(a) 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;

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

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

projections that render it difficult to clean.

(84) "Table-mounted equipment" means EQUIPMENT that is not portable and is

designed to be mounted off the floor on a table, counter, or shelf.

(85) "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.

(86) "Temperature measuring device" means a thermometer, thermocouple,

thermistor, or other device that indicates the temperature of FOOD, air, or water.

(87) "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.

(88) "USDA" means the U.S. Department of Agriculture.

(89) "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; FOOD TEMPERATURE MEASURING DEVICES; and probe-type price or

identification tags used in contact with FOOD.

(90) "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.

(91) "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.

(92) "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.

(93) "Warewashing" means the cleaning and SANITIZING of UTENSILS and FOOD-CONTACT

SURFACES of EQUIPMENT.

(94) "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.

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

Responsibility 2-101.11 Assignment.*

The LICENSE 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.

Knowledge 2-102.11 Demonstration.*

Based on the risks of foodborne illness 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 CRITICAL

CONTROL POINT principles, and the requirements of this Code. The

PERSON IN CHARGE shall demonstrate this knowledge by compliance

with this Code, by being a certified FOOD protection manager who has

shown proficiency of required information through passing a test that

is part of an ACCREDITED PROGRAM, or by responding correctly to the

inspector's questions as they relate to the specific FOOD operation.

The areas of knowledge include:

(A) Describing the relationship between the prevention of

foodborne disease and the personal hygiene of a FOOD EMPLOYEE;

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

preventing the transmission of foodborne disease by a FOOD

EMPLOYEE who has a disease or medical condition that may cause

foodborne disease;

are transmissible through FOOD;

(D) Explaining the significance of the relationship between

maintaining the time and temperature of POTENTIALLY HAZARDOUS

FOOD and the prevention of foodborne illness;

(E) Explaining the HAZARDS involved in the consumption of raw or

undercooked MEAT, POULTRY, eggs, and FISH.

(F) Stating the required FOOD temperatures and times for safe

cooking of POTENTIALLY HAZARDOUS FOOD including MEAT,

POULTRY, eggs, and FISH.

(G) Stating the required temperatures and times for the safe

refrigerated storage, hot holding, cooling, and reheating of

POTENTIALLY HAZARDOUS FOOD;

(H) Describing the relationship between the prevention of

foodborne illness and the management and control of the following:

(1) Cross contamination,

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

(3) Handwashing, and

(4) Maintaining the FOOD ESTABLISHMENT in a clean condition

and in good repair;

(I) Explaining the relationship between FOOD safety and providing

EQUIPMENT that is:

(1) Sufficient in number and capacity, and

(2) Properly designed, constructed, located, installed, operated,

maintained, and cleaned;

(J) Explaining correct procedures for cleaning and SANITIZING

UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT;

(K) 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;

(L) 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;

(M) 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;

(N) 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 establishment; and

(O) Explaining the responsibilities, rights, and authorities assigned

by this Code to the:

(1) FOOD EMPLOYEE,

(2) PERSON IN CHARGE, and

(3) REGULATORY AUTHORITY.

Duties 2-103.11

Person in Charge.

The PERSON IN CHARGE shall ensure that:

(A) FOOD ESTABLISHMENT operations are not conducted in a

private home or in a room used as living or sleeping quarters as

specified under § 6-202.111;

(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;

maintenance PERSONS and pesticide applicators entering the

FOOD preparation, FOOD storage, and WAREWASHING areas

comply with this Code;

(D) EMPLOYEES are effectively cleaning their hands, by routinely

monitoring the EMPLOYEES' handwashing;

(E) EMPLOYEES are visibly observing FOODS as they are received

to determine that they are from APPROVED sources, delivered at

the required temperatures, protected from contamination,

unADULTERATED, and accurately presented, by routinely monitoring

the EMPLOYEES' observations and periodically evaluating FOODS

upon their receipt;

(F) EMPLOYEES are properly cooking POTENTIALLY HAZARDOUS

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);

(G) EMPLOYEES are using proper methods to rapidly cool

POTENTIALLY HAZARDOUS 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;

(H) CONSUMERS 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;

(I) EMPLOYEES 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;

(J) CONSUMERS 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;

(K) EMPLOYEES are preventing 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; and

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

their assigned duties.

2-2 EMPLOYEE HEALTH

Subpart

2-201 Disease or Medical Condition

Disease or

Medical

Condition

employer requires

employee

reporting of:

health status

2-201.11 Responsibility of the Person in Charge to Require

Reporting by Food Employees and Applicants.*

The LICENSE HOLDER shall require FOOD EMPLOYEE applicants to whom

a conditional offer of employment is made and FOOD 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 applicant shall report the information in

a manner that allows the PERSON IN CHARGE to prevent the likelihood

of foodborne disease transmission, including the date of onset of

jaundice or of an illness specified under ¶ (C) of this section, if the

FOOD EMPLOYEE or applicant:

employee is ill

(A) Is diagnosed with an illness due to:

(1) Salmonella Typhi,

(2) Shigella spp.,

(3) Escherichia coli O157:H7, or

(4) Hepatitis A virus;

employee has

symptom of:

(B) Has a symptom caused by illness, infection, or other source

that is:

• intestinal illness (1) Associated with an acute gastrointestinal illness such as:

(a) Diarrhea,

(b) Fever,

(d) Jaundice, or

(e) Sore throat with fever, or

• Boil or infected

wound

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

is open or draining and is:

(a) 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,

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

protected by an impermeable cover, or

by a dry, durable, tight-fitting bandage;

employee

previously ill

¶ (A) of this section; or

activities (D) Meets one or more of the following high-risk conditions:

employee at high

risk of becoming

ill:

• prepared or

consumed food

that caused

disease

(1) Is suspected of causing, or being exposed to, a CONFIRMED

DISEASE OUTBREAK caused by S. Typhi, Shigella spp., E. coli

O157:H7, or hepatitis A virus including an outbreak at an event

such as a family meal, church supper, or festival because the

FOOD EMPLOYEE or applicant:

(a) Prepared FOOD implicated in the outbreak,

(b) Consumed FOOD implicated in the outbreak, or

who is infected or ill with the infectious agent that caused

the outbreak or who is suspected of being a shedder of the

infectious agent,

• lives wi th ill

person

(2) Lives in the same household as a PERSON who is diagnosed

with a disease caused by S. Typhi, Shigella spp., E. coli

O157:H7, or hepatitis A virus, or

• lives with person

involved in

disease outbreak

(3) Lives in the same household as a PERSON who attends or

works in a setting where there is a confirmed disease outbreak

caused by S. Typhi, Shigella spp., E. coli O157:H7, or

hepatitis A virus.

2-3

PERSONAL CLEANLINESS

Subparts

2-301 Hands and Arms

2-302 Fingernails

2-303 Jewelry

2-304 Outer Clothing

Hands and Arms 2-301.11

Clean Condition.*

FOOD EMPLOYEES shall keep their hands and exposed portions of their

arms clean.

2-301.12 Cleaning Procedure.*

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

clean their hands and exposed portions of their arms with a cleaning

compound in a lavatory that is equipped as specified under

¶ 5-202.12 by vigorously rubbing together the surfaces of their lathered

hands and arms for at least 20 seconds and thoroughly rinsing with

clean water. EMPLOYEES shall pay particular attention to the areas

underneath the fingernails and between the fingers.

(B) 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.

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 and:

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

and clean, exposed portions of arms;

(B) After using the toilet room;

animals as specified in ¶ 2-403.11(B);

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

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

or drinking;

(E) After handling soiled EQUIPMENT or UTENSILS;

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

and contamination and to prevent cross contamination when

changing tasks;

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

with READY-TO-EAT FOOD; and

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

2-301.15 Where to Wash.

FOOD EMPLOYEES shall clean their hands in a handwashing lavatory or

APPROVED automatic handwashing facility and may not clean their

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

curbed cleaning facility used for the disposal of mop water and similar

liquid waste.

2-301.16

Hand Sanitizers.

(A) A hand sanitizer and a chemical hand sanitizing solution used as

a hand dip 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; or

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

(i) The FDA monograph for OTC Health-Care

Antiseptic Drug Products as an antiseptic

handwash, or

(ii) The USDA List of Proprietary Substances

and Nonfood Compounds, Miscellaneous

Publication No. 1419; 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; 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, 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; and

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

§ 2-301.12.

(B) If a hand sanitizer or a chemical hand sanitizing 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; or

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

the bare hands.

maintained clean and at a strength equivalent to at least 100 mg/L

chlorine.

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.

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

may not wear fingernail polish or artificial fingernails when working with

exposed FOOD.

Jewelry 2-303.11 Prohibition.

While preparing FOOD, FOOD EMPLOYEES may not wear jewelry on their

arms and hands. This section does not apply to a plain ring such as

a wedding band.

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

Prevention

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.

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.

Hair 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

staff who only serve BEVERAGES and wrapped or PACKAGED FOODS,

hostesses, and wait staff if they present a minimal risk of

contaminating exposed FOOD; clean EQUIPMENT, UTENSILS, and

LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.

Animals 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).

(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).

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.

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.

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

for human consumption in a FOOD ESTABLISHMENT.

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.

(D) Fish, other than MOLLUSCAN SHELLFISH, that are intended for

consumption in their raw form and allowed as specified in

Subparagraph 3-401.11(C)(1) 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 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 packages

the steaks and labels them to indicate that they meet the

definition of WHOLE-MUSCLE, INTACT BEEF; or

(2) If individually cut in a FOOD ESTABLISHMENT:

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

labeled by a FOOD PROCESSING PLANT to indicate that

the beef meets the definition of WHOLE-MUSCLE,

INTACT BEEF,

(b) Prepared so they remain intact, and

ESTABLISHMENT, labeled to indicate that they meet the

definition of WHOLE-MUSCLE, INTACT BEEF.

(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).

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.

3-201.14

Fish.*

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

(1) Commercially and legally caught or harvested; or

(2) APPROVED for sale or service.

(B) MOLLUSCAN SHELLFISH that are recreationally caught may not

be received for sale or service.

3-201.15 Molluscan Shellfish.*

(A) MOLLUSCAN 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.

(B) MOLLUSCAN SHELLFISH received in interstate commerce shall be

from sources that are listed in the Interstate Certified Shellfish

Shippers List.

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.

(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 and:

(a) Raised slaughtered, and processed under a voluntary

inspection program that is conducted by the agency that

has animal health jurisdiction, or

(b) Under a routine inspection program conducted by a

regulatory agency other than the agency that has animal

health jurisdiction, and

(i) LAWS governing MEAT and POULTRY as determined by

the agency that has animal health jurisdiction and the

agency that conducts the inspection program, 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;

(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 Voluntary Exotic

Animal Program or rabbits that are "inspected and certified" in

accordance with 9 CFR 354 Rabbit Inspection Program;

(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, and

(b) Slaughtered and processed according to:

(i) LAWS governing MEAT and POULTRY as determined by

the agency that has animal health jurisdiction and the

agency that conducts the inspection program, 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; 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

veterinarian or veterinarian's designee, 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, and

POULTRY as determined by the agency that has animal

health jurisdiction and the agency that conducts the

inspection program.

(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.

Specifications

for Receiving

3-202.11 Temperature.*

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

POTENTIALLY HAZARDOUS FOOD shall be at a temperature of 5

(41

F) or below when received.

(B) If a temperature other than 5

C (41

F) for a POTENTIALLY

HAZARDOUS FOOD is specified in LAW governing its distribution,

such as LAWS governing milk, MOLLUSCAN SHELLFISH, and shell

eggs, the FOOD may be received at the specified temperature.

and for a time specified under §§ 3-401.11 - 3-401.13 and

received hot shall be at a temperature of 54

C (130

F) or above.

(D) A FOOD that is labeled frozen and shipped frozen by a FOOD

PROCESSING PLANT shall be received frozen.

(E) Upon receipt, POTENTIALLY HAZARDOUS FOOD shall be free of

evidence of previous temperature abuse.

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 318.7

Approval of substances for use in the preparation of products, or

pesticide residues that exceed provisions specified in 40 CFR 185

Tolerances for Pesticides in Food.

3-202.13

Shell Eggs.*

Shell eggs shall be received clean and sound and may not exceed

the restricted egg tolerances for U.S. CONSUMER Grade B as

specified in 7 CFR Part 56 - Regulations Governing the Grading

of Shell Eggs and U.S. Standards, Grades, and Weight classes for

Shell Eggs, and 7 CFR Part 59 - Regulations Governing the

Inspection of Eggs and Egg Products.

3-202.14 Eggs and Milk Products, Pasteurized.*

(A) Liquid, frozen, and dry eggs and egg products shall be

obtained pasteurized.

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.

3-202.16 Ice.*

Ice for use as a FOOD or a cooling medium shall be made from

DRINKING WATER.

3-202.17

Shucked Shellfish, Packaging and Identification.

(A) Raw SHUCKED SHELLFISH shall be obtained in nonreturnable

packages which bear a legible label that identifies the:

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

packer or repacker of the MOLLUSCAN SHELLFISH; and

(2) The "sell by" date for packages with a capacity of less than

1.87 L (one-half gallon) or the date shucked for packages with

a capacity of 1.87 L (one-half gallon) or more.

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

and each 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:

(1) Except as specified under ¶ (C) of this section, on the

harvester's tag or label, the following information in the

following order:

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

the SHELLFISH CONTROL AUTHORITY,

(b) The date of harvesting,

aquaculture site that is practicable based on the system of

harvest area designations that is in use by the SHELLFISH

CONTROL AUTHORITY and including the abbreviation of the

name of the state or country in which the shellfish are

harvested,

(d) The type and quantity of shellfish, 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;" and

(2) Except as specified in ¶ (D) of this section, on each

dealer's tag or label, the following information in the following

order:

(a) The dealer's name and address, and the CERTIFICATION

NUMBER assigned by the SHELLFISH CONTROL AUTHORITY,

(b) The original shipper's CERTIFICATION NUMBER including

the abbreviation of the name of the state or country in

which the shellfish are harvested,

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

(B) 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.

each dealer's identification as specified under Subparagraphs

(A)(2)(a) and (b) of this section, individual dealer tags or labels

need not be provided.

3-202.19

Shellstock, Condition.

When received by a FOOD ESTABLISHMENT, SHELLSTOCK shall be

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

shells. Dead shellfish or SHELLSTOCK with badly broken shells shall

be discarded.

Original

Containers and

Records

3-203.11

Molluscan Shellfish, Original Container.

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

MOLLUSCAN SHELLFISH may not be removed from the container in

which they are received other than immediately before sale,

preparation for service, or preparation in a FOOD PROCESSING

PLANT licensed by the REGULATORY AUTHORITY.

(B) 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.

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.

3-203.12

Shellstock, Maintaining Identification.*

(A) Except as specified under Subparagraph (B)(2) of this

section, SHELLSTOCK tags shall remain attached to the container in

which the shellstock are received until the container is empty.

(B) The identity of the source of SHELLSTOCK that are prepared by

a FOOD PROCESSING PLANT licensed by the REGULATORY

AUTHORITY, sold or served shall be maintained by retaining

SHELLSTOCK tags or labels for 90 calendar days from the date the

container is emptied by:

(1) Using an APPROVED record keeping system that keeps the

tags or labels in chronological order correlated to the date

when, or dates during which, the SHELLSTOCK are prepared by

a FOOD PROCESSING PLANT licensed by the REGULATORY

AUTHORITY, sold, or served; and

(2) If SHELLSTOCK are removed from their tagged or labeled

container:

(a) Using only 1 tagged or labeled container at a time, or

(b) Using more than 1 tagged or labeled container at a time

and obtaining a VARIANCE from the REGULATORY AUTHORITY

as specified in § 8-103.10 based on a HACCP PLAN that:

(i) Is submitted by the LICENSE HOLDER and APPROVED as

specified under § 8-103.11,

(ii) Preserves source identification by using a record

keeping system as specified under Subparagraph (B)(1)

of this Section, and

(iii) Ensures that SHELLSTOCK from one tagged

or labeled container are not commingled with

SHELLSTOCK from another container before

being ordered by the CONSUMER or prepared

by a FOOD PROCESSING PLANT licensed by

the REGULATORY AUTHORITY.

Clarification of ¶ 3-301.11(B) of the Food Code

with respect to the phrase "Except...when otherwise APPROVED"...

The following information is not part of Chapter 3 and is not intended to be included in the

codified portion of the Food Code. In cases where the Food Code is adopted through

incorporation by reference, this page may be removed.

In response to a 1996 Conference for Food Protection (CFP) Recommendation that

¶ 3-301.11(B) be modified to include the phrase “or when otherwise APPROVED,” the 1997

Code was amended accordingly. A 1998 CFP Recommendation further suggested

clarification of that added language.

This insert page is provided to alert the reader that FDA has issued, with this Code,

clarification of that phrase and its application. Included in Annex 3 is a full discussion of

both the Public Health Reasons associated with § 3-301.11 and Administrative Guidelines

regarding the criteria under which bare hand contact with ready-to-eat food may be

deemed acceptable in meeting the intent of § 3-301.11.

A HACCP-based approach is applied in the clarification in order to establish a system to

control the principal hazard (i.e., fecal-oral transmission of foodborne pathogens) that is

the target of the Code provision.

A second 1998 CFP Recommendation was made to consult the National Advisory

Committee for the Microbiological Criteria for Foods (NACMCF) for its scientific

recommendations surrounding the transmission of pathogens from food workers to

consumers via ready-to-eat foods. FDA is preparing information with the intent that the

NACMCF will review the matter and make recommendations that will be presented at the

2000 CFP meeting.

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, Utensils, and Linens

3-305 Preventing Contamination from the Premises

3-306 Preventing Contamination by Consumers

3-307 Preventing Contamination from Other Sources

Preventing

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 when otherwise APPROVED, 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, non-latex SINGLE-USE gloves, or dispensing EQUIPMENT.

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

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.

Preventing 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) 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 vegetables, and

(b) Cooked 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, or

(b) Arranging each type of FOOD in EQUIPMENT so that cross

contamination of one type with another is prevented, and

separate areas;

(3) Cleaning EQUIPMENT and UTENSILS as specified under

¶ 4-602.11(A) and SANITIZING as specified under § 4-703.11;

(4) Except as specified 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;

(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.

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, potato flakes,

salt, spices, and sugar shall be identified with the common name

of the FOOD except that containers holding FOOD that can be

readily and unmistakably recognized such as dry pasta need not

be identified.

3-302.13

Pasteurized Eggs, Substitute for Raw Shell Eggs

for Certain Recipes.*

Pasteurized eggs or egg products shall be substituted for raw shell

eggs in the preparation of FOODS such as Caesar salad,

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

and egg-fortified BEVERAGES that are not:

(A) Cooked as specified under Subparagraphs 3-401.11(A)(1)

or (2); or

(B) Included in Subparagraph 3-401.11(D).

3-302.14

Protection from Unapproved Additives.*

(A) FOOD shall be protected from contamination that may result

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

(1) Unsafe or unAPPROVED FOOD or COLOR ADDITIVES; and

(2) Unsafe or unAPPROVED levels of APPROVED FOOD and COLOR

ADDITIVES.

(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 vitamin B

; or

(2) Serve or sell FOOD specified under Subparagraph (B)(1) of

this section that is treated with sulfiting agents before receipt

by the FOOD ESTABLISHMENT, except that grapes need not meet

this subparagraph.

3-302.15 Washing Fruits and Vegetables.

(A) 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 except as specified in ¶ (B) of

this section and except that whole, raw fruits and vegetables that

are intended for washing by the CONSUMER before consumption

need not be washed before they are sold.

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

specified under § 7-204.12.

Preventing

Contamination

from 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.

3-303.12

Storage or Display of FOOD in Contact with Water

or Ice.

(A) PACKAGED 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.

celery or carrot sticks or cut potatoes; and tofu may be immersed

in ice or water.

(D) Raw chicken and raw FISH that are received immersed in ice

in shipping containers may remain in that condition while in

storage awaiting preparation, display, service, or sale.

Preventing

Contamination

from Equipment,

Utensils, and

Linens

3-304.11

Food Contact with Equipment and Utensils.*

FOOD shall only contact surfaces of 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.

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 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;

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; or

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

temperature of at least 54

C (130

F) and the container is

cleaned at a frequency specified under Subparagraph

4-602.11(D)(7).

3-304.13 Linens and Napkins, Use Limitation.

LINENS 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 that are in use for wiping FOOD spills shall be used for

no other purpose.

(B) Cloths used for wiping FOOD spills shall be:

(1) Dry and used for wiping FOOD spills from TABLEWARE and

carry-out containers; or

(2) Wet and cleaned as specified under ¶ 4-802.11(D), stored

in a chemical sanitizer at a concentration specified in § 4-

501.114, and used for wiping spills from FOOD-CONTACT and

nonFOOD-CONTACT SURFACES of EQUIPMENT.

kept separate from cloths used for other purposes, and wet cloths

used with raw animal FOODS shall be kept in a separate sanitizing

solution.

(D) Wet wiping cloths used with a freshly made sanitizing solution

and dry wiping cloths shall be free of FOOD debris and visible soil.

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.

(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.

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 frozen FOOD or a PRIMAL CUT of MEAT.

(E) Latex gloves may not be used in direct contact with FOOD.

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 of 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.

CONSUMERS if refilling is a contamination-free process as

specified under ¶¶ 4-204.13(A), (B), and (D).

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.

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

refilled with FOOD that is not POTENTIALLY HAZARDOUS shall be

cleaned as specified under ¶ 4-603.17(B).

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).

Preventing

Contaminationfr

om the Premises

3-305.11 Food Storage.

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

shall

be protected 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) FOOD in packages and working containers may be stored

less than 15 cm (6 inches) above the floor on case lot handling

EQUIPMENT as specified under § 4-204.122.

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.

FOOD may not be stored:

(A) In locker rooms;

(B) In toilet 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, Original

Container.

POTENTIALLY HAZARDOUS 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, unPACKAGED FOOD shall be protected from

environmental sources of contamination.

Preventing

Contamination

by Consumers

3-306.11

Food Display.

Except 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.

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 properly equipped facility that is located on the site

of the VENDING MACHINE LOCATION.

3-306.13

Consumer Self-Service Operations.*

(A) Raw, unPACKAGED animal FOOD, such as beef, lamb, pork,

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

This paragraph does not apply to CONSUMER self-service of

READY-TO-EAT FOODS at buffets or salad bars that serve FOODS

such as sushi or raw shellfish; 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 raw, frozen, shell-on shrimp or lobster.

(B) CONSUMER self-service operations for READY-TO-EAT FOODS

shall be provided with suitable UTENSILS or effective dispensing

methods that protect the FOOD from contamination.

bars shall be monitored by FOOD EMPLOYEES trained in safe

operating procedures.

3-306.14 Returned Food and Reservice 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.

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

that is not POTENTIALLY HAZARDOUS may be transferred 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.

Preventing

Contamination

from Other

Sources

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

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 parts 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

C (145

F) or above for 15 seconds for:

(a) Raw shell eggs that are broken and prepared in

response to a CONSUMER'S order and for immediate service,

and

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

(3) and ¶ (B) of this section, FISH, MEAT, and pork including

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);

(2) 68

C (155

F) for 15 seconds or the temperature specified

in the following chart that corresponds to the holding time for

ratites and INJECTED MEATS; the following if 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:

Minimum

Temperature Time

C (

63 (145) 3 minutes

66 (150) 1 minute

70 (158) < 1 second (instantaneous)

;or

(3) 74

C (165

F) or above for 15 seconds for POULTRY, 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.

(B) Whole beef roasts, corned beef roasts, pork roasts, 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:

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

C (350

F) or more 121

C (250

F) or more

Convection 163

C (325

F) or more 121

C (250

F) or more

High Humidity

121

C (250

F) or less 121

C (250

F) or less

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:

Temperature

Time

C (

F) in

Minutes

Temperature

Time

C (

F) in

Minutes

Temperature

Time

C (

F) in

Minutes

54 (130) 121 58 (136) 32 61 (142) 8

56 (132) 77 59 (138) 19 62 (144) 5

57 (134) 47 60 (140) 12 63 (145) 3

Holding time may include postoven heat rise.

be served 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

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

surface temperature of 63

C (145

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

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

cooked FOOD such as lightly cooked FISH, soft cooked eggs, or

rare MEAT other than WHOLE-MUSCLE, INTACT BEEF steaks as

specified in ¶ (C) of this section, may be served 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, and

(2) 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

(3) 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 LICENSE 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

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;

(B) Covered to retain surface moisture;

C (165

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 54

C (130

F).

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 other than MOLLUSCAN SHELLFISH

shall be frozen throughout to a temperature of:

(1) -20

C (-4

F) or below for 168 hours (7 days) in a freezer;

(2) -35

C (-31

F) or below for 15 hours in a blast freezer.

(B) If the FISH are 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), the

FISH may be served or sold in a raw, raw-marinated, or partially

cooked READY-TO-EAT form without freezing as specified under

¶ (A) of this section.

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 at the FOOD

ESTABLISHMENT for 90 calendar days beyond the time of service or

sale of the FISH.

(B) If the FISH are frozen by a supplier, a written agreement or

statement from the supplier stipulating that the FISH supplied are

frozen to a temperature and for a time specified under §

3-402.11 may substitute for the records specified under ¶ (A) of

this section.

Reheating 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.

3-403.11

Reheating for Hot Holding.*

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

section, POTENTIALLY HAZARDOUS 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

C (165

F) for 15 seconds.

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

HAZARDOUS FOOD reheated in a microwave oven for hot holding

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

of at least 74

C (165

F) and the FOOD is rotated or stirred,

covered, and allowed to stand covered for 2 minutes after

reheating.

HERMETICALLY SEALED CONTAINER, or from an intact package from

a FOOD PROCESSING PLANT that is inspected by the FOOD regulatory

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

temperature of at least 54

C (130

F) for hot holding.

(D) Reheating for hot holding shall be done rapidly and the time

the FOOD is between the temperature specified under

¶ 3-501.16(B) or (C) and 74

C (165

F) may not exceed 2 hours.

(E) Remaining unsliced portions of roasts of beef that are

cooked as specified under ¶ 3-401.11(B) may be reheated for

hot holding

using the oven parameters and minimum time and temperature

conditions specified under ¶ 3-401.11(B).

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, Slacking.

Frozen POTENTIALLY HAZARDOUS FOOD that is slacked to moderate

the temperature shall be held:

(A) Under refrigeration that maintains the FOOD temperature at

C (41

F) or less, or at 7

C (45

F) or less as specified under

¶ 3-501.16(C); 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 shall be thawed:

(A) Under refrigeration that maintains the FOOD temperature at

C (41

F) or less, or at 7

C (45

F) or less as specified under

¶ 3-501.16(C); or

(B) Completely submerged under running water:

(1) At a water temperature of 21

C (70

F) or below,

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

loose particles in an overflow, and

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

of READY-TO-EAT FOOD to rise above 5

C (41

F), or 7

(45

F) as specified under ¶ 3-501.16(C), 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

C (41

F), or 7

C (45

as specified under ¶ 3-501.16(C), 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

C (41

F), or 7

C (45

F) as

specified under ¶ 3-501.16(C);

(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 shall be cooled:

(1) Within 2 hours, from 54

C (130

F) to 21

C (70

F); and

(2) Within 4 hours, from 21

C (70

F) to 5

C (41

F) or less, or

to 7

C (45

F) as specified under ¶ 3-501.16(C).

(B) POTENTIALLY HAZARDOUS FOOD shall be cooled within 4 hours to

C (41

F) or less, or to 7

C (45

F) as specified under

¶ 3-501.16(C) if prepared from ingredients at ambient

temperature, such as reconstituted FOODS and canned tuna.

HAZARDOUS FOOD received in compliance with LAWS allowing a

temperature above 5

C (41

F) during shipment from the supplier

as specified in ¶ 3-202.11(B), shall be cooled within 4 hours to

C (41

F) or less, or 7

C (45

F) or less as specified under

¶ 3-501.16(C).

(D) Shell eggs need not comply with ¶ (C) of this section if the

eggs are placed immediately upon their receipt in refrigerated

EQUIPMENT that is capable of maintaining FOOD at 5

C (41

F) or

less, or 7

C (45

F) or less as specified under ¶ 3-501.16(C).

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;

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

(3) Using rapid cooling EQUIPMENT;

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

(5) Using containers that facilitate heat transfer;

(6) Adding ice as an ingredient; or

(7) Other effective methods.

(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, Hot and Cold

Holding.*

Except during preparation, cooking, or cooling, or when time is

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

POTENTIALLY HAZARDOUS FOOD shall be maintained:

(A) At 54

C (130

F) or above, or

(B) At 5

C (41

F) or less, except as specified under ¶ (C) of

this section and §§ 3-501.17, 3-501.18, and 4-204.111.

C (45

F) or between 7

C (45

F) and 5

C (41

F) in

existing refrigeration EQUIPMENT that is not capable of

maintaining the FOOD at 5

C (41

F) or less if:

(1) The EQUIPMENT is in place and in use in the FOOD

ESTABLISHMENT; and

(2) Within 10 years of the adoption of this Code, the

EQUIPMENT is upgraded or replaced to maintain FOOD at a

temperature of 5

C (41

F) or less.

3-501.17 Ready-to-Eat, Potentially Hazardous Food, Date

Marking.*

on-premises

preparation

• prepare and

hold cold

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

READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD prepared and held

refrigerated for more than 24 hours in a FOOD ESTABLISHMENT shall

be clearly marked at the time of preparation to indicate the date by

which the FOOD shall be consumed which is, including the day of

preparation:

(1) 7 calendar days or less from the day that the FOOD is

prepared, if the FOOD is maintained at 5

C (41

F) or less; or

(2) 4 calendar days or less from the day the FOOD is prepared,

if the FOOD is maintained at 7

C (45

F) or less as specified

under ¶ 3-501.16(C).

(B) Except as specified in ¶ (E) of this section, a READY-TO-EAT,

POTENTIALLY HAZARDOUS FOOD prepared in a FOOD ESTABLISHMENT

and subsequently frozen, shall be clearly marked:

• prepare, freeze,

(1) When the FOOD is thawed, to indicate that the FOOD shall be

thaw, immediate

use

consumed within 24 hours; or

• prepare, hold

cold, freeze,

thaw,

hold cold

(2) When the FOOD is placed into the freezer, to indicate the

length of time before freezing that the FOOD is held refrigerated

and which is, including the day of preparation:

(a) 7 calendar days or less from the day of preparation, if

the FOOD is maintained at 5

C (41

F) or less, or

(b) 4 calendar days or less from the day of preparation, if

the FOOD is maintained at 7

C (45

F) or less as specified

under ¶ 3-501.16(C); and

(3) When the FOOD is removed from the freezer, to indicate the

date by which the FOOD shall be consumed which is:

(a) 7 calendar days or less after the FOOD is removed from

the freezer, minus the time before freezing, that the FOOD

is held refrigerated if the FOOD is maintained at 5

C (41

or less before and after freezing, or

(b) 4 calendar days or less after the FOOD is removed from

the freezer, minus the time before freezing, that the FOOD

is held refrigerated if the FOOD is maintained at 7

C (45

or less as specified under ¶ 3-501.16(C) before and after

freezing.

commercially

processed food

• open and hold

cold

container of refrigerated, READY-TO-EAT POTENTIALLY HAZARDOUS

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, to indicate the date by which the FOOD

shall be consumed which is, including the day the original

container is opened:

(1) 7 calendar days or less after the original container is

opened, if the FOOD is maintained at 5

C (41

F) or less; or

(2) 4 calendar days or less from the day the original container

is opened, if the FOOD is maintained at 7

C (45

F) or less as

specified under ¶ 3-501.16(C).

(D) Except as specified in ¶¶ (E) and (F) of this section, a

container of refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS

FOOD prepared and PACKAGED by a FOOD PROCESSING PLANT and

subsequently opened and frozen in a FOOD ESTABLISHMENT shall be

clearly marked:

• open, freeze,

thaw, immediate

use

(1) When the FOOD is thawed, to indicate that the FOOD shall be

consumed within 24 hours; or

• open, hold cold,

freeze, thaw,

hold cold

(2) To indicate the time between the opening of the original

container and freezing that the FOOD is held refrigerated and

which is, including the day of opening the original container:

(a) 7 calendar days or less, after opening the original

container if the FOOD is maintained at 5

C (41

F) or less, or

(b) 4 calendar days or less after opening the original

container if the FOOD is maintained at 7

C (45

F) or less as

specified under ¶ 3-501.16(C); and

(3) When the FOOD is removed from the freezer, to indicate the

date by which the FOOD shall be consumed which is:

(a) 7 calendar days, minus the time before freezing, that

the FOOD is held refrigerated if the FOOD is maintained at

C (41

F) or less before and after freezing, or

(b) 4 calendar days, minus the time before freezing, that

the FOOD is held refrigerated if the FOOD is maintained at

C (45

F) or less as specified under ¶ 3-501.16(C) before

and after freezing.

(E) Paragraphs (A)-(D) of this section do not apply to individual

meal portions served or rePACKAGED for sale from a bulk

container upon a CONSUMER'S request.

(F) Paragraphs (C) and (D) of this section do not apply to whole,

unsliced portions of a cured and processed product with original

casing maintained on the remaining portion, such as bologna,

salami, or other sausage in a cellulose casing.

3-501.18 Ready-to-Eat, Potentially Hazardous Food,

Disposition.*

(A) A FOOD specified under ¶ 3-501.17(A) shall be discarded if not

consumed within:

(1) 7 calendar days from the date of preparation if the FOOD is

maintained at 5

C (41

F) or less; or

(2) 4 calendar days from the date of preparation if the FOOD is

maintained at 7

C (45

F) or less as specified under

¶ 3-501.16(C).

(B) A FOOD specified under Subparagraph 3-501.17(B)(1) or

(D)(1) shall be discarded if not consumed within 24 hours after

thawing.

(3) or (D)(2) and (3) shall be discarded on or before the most

recent

date marked on the FOOD container or PACKAGE if the FOOD is not

consumed by that date.

(D) A FOOD specified under ¶ 3-501.17(C) shall be discarded if

not consumed within, including the day of opening the original

container:

(1) 7 calendar days after the date that the original PACKAGE is

opened in a FOOD ESTABLISHMENT if the FOOD is maintained at

C (41

F) or less; or

(2) 4 calendar days after the date that the original PACKAGE is

opened in a FOOD ESTABLISHMENT if the FOOD is maintained at

C (45

F) or less as specified under ¶ 3-501.16(C).

(E) A FOOD specified under ¶ 3-501.17(A), (B), (C), or (D) shall

be discarded if the FOOD is:

(1) Marked with the date specified under ¶ 3-501.17(A), (B),

(C), or (D) and the FOOD is not consumed before the most

recent date expires;

(2) In a container or PACKAGE which does not bear a date or

time; or

(3) Inappropriately marked with a date or time that exceeds the

date or time specified under ¶ 3-501.17(A), (B), (C), or (D).

(F) Refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD

prepared in a FOOD ESTABLISHMENT and dispensed through a

VENDING MACHINE with an automatic shut-off control that is activated

at a temperature of:

(1) 5

C (41

F) shall be discarded if not sold within 7 days; or

(2) 7

C (45

F) shall be discarded if not sold within 4 days.

(G) A refrigerated, potentially hazardous, READY-TO-EAT FOOD

ingredient or a portion of a refrigerated, potentially hazardous,

READY-TO-EAT FOOD that is subsequently combined with additional

ingredients or portions of FOOD shall retain the date marking of the

earliest or first-prepared ingredient or portion and shall be

discarded as specified under ¶¶ 3-501.18(A) - (F).

3-501.19 Time as a Public Health Control.*

(A) Except as specified under ¶ (B) of this section, if time only,

rather than time in conjunction with temperature, is used as the

public health control for a working supply of POTENTIALLY

HAZARDOUS FOOD before cooking, or for READY-TO-EAT POTENTIALLY

HAZARDOUS FOOD that is displayed or held for service for immediate

consumption:

(1) 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,

(2) The FOOD shall be cooked and served, served if READY-TO-

EAT, or discarded, within 4 hours from the point in time when

the FOOD is removed from temperature control,

(3) The FOOD in unmarked containers or packages or marked

to exceed a 4 hour limit shall be discarded, and

(4) Written procedures shall be maintained in the FOOD

ESTABLISHMENT and made available to the REGULATORY

AUTHORITY upon request, that ensure compliance with:

(a) Subparagraphs (A)(1)-(4) of this section, and

(b) § 3-501.14 for FOOD that is prepared, cooked, and

refrigerated before time is used as a public health control.

(B) In a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE

POPULATION, time only, rather than time in conjunction with

temperature, may not be used as the public health control for raw

eggs.

Specialized

Processing

Methods

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 smoking FOOD as a method of FOOD

preservation rather than as a method of flavor enhancement;

curing FOOD; brewing alcoholic BEVERAGES; using FOOD ADDITIVES

or adding components such as vinegar as a method of FOOD

preservation rather than as a method of flavor enhancement or to

render a FOOD so that it is not POTENTIALLY HAZARDOUS; packaging

FOOD using a REDUCED OXYGEN PACKAGING method except as

specified under § 3-502.12 where a barrier to Clostridium

botulinum in addition to refrigeration exists; or preparing FOOD

by another method that is determined by the REGULATORY

AUTHORITY to require a VARIANCE.

Clostridium

botulinum

Controls

3-502.12 Reduced Oxygen Packaging, Criteria.*

(A) Except for a FOOD ESTABLISHMENT that obtains a VARIANCE as

specified under § 3-502.11, a FOOD ESTABLISHMENT that packages

FOOD using a REDUCED OXYGEN PACKAGING method and Clostridium

botulinum is identified as a microbiological HAZARD in the final

PACKAGED form shall ensure that there are at least two barriers in

place to control the growth and toxin formation of C. botulinum.

(B) A FOOD ESTABLISHMENT that packages FOOD using a REDUCED

OXYGEN PACKAGING method and Clostridium botulinum is

identified as a microbiological HAZARD in the final PACKAGED form

shall have a HACCP PLAN that contains the information specified

under

¶ 8-201.14(D) and that:

(1) Identifies the FOOD to be PACKAGED;

(2) Limits the FOOD PACKAGED to a FOOD that does not support

the growth of Clostridium botulinum because it complies with

one of the following:

(a) Has an a

of 0.91 or less,

(b) Has a pH of 4.6 or less,

PROCESSING PLANT regulated by the U.S.D.A. using

substances specified in 9 CFR 318.7 Approval of

substances for use in the preparation of products and 9

CFR 381.147 Restrictions on the use of substances in

poultry products and is received in an intact package, or

(d) Is a FOOD with a high level of competing organisms such

as raw MEAT or raw POULTRY;

(3) Specifies methods for maintaining FOOD at 5

C (41

F) or

below;

(4) Describes how the packages shall be prominently and

conspicuously labeled on the principal display panel in bold

type on a contrasting background, with instructions to:

(a) Maintain the FOOD at 5

C (41

F) or below, 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;

(5) Limits the shelf life to no more than 14 calendar days from

packaging to consumption or the original manufacturer's "sell

by" or "use by" date, whichever occurs first;

(6) Includes operational procedures that:

(a) Prohibit contacting FOOD with bare hands,

(b) Identify a designated area and the method by which:

(i) Physical barriers or methods of separation of raw

FOODS and READY-TO-EAT FOODS minimize cross

contamination, and

(ii) Access to the processing EQUIPMENT is restricted to

responsible trained personnel familiar with the potential

HAZARDS of the operation, and

FOOD-CONTACT SURFACES; and

(7) Describes the training program that ensures that the

individual responsible for the REDUCED OXYGEN PACKAGING

operation understands the:

(a) Concepts required for a safe operation,

(b) EQUIPMENT and facilities, and

this section and ¶ 8-201.14(D).

packaging, a FOOD ESTABLISHMENT may not package FISH using a

REDUCED OXYGEN PACKAGING method.

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

Subparts

3-601 Accurate Representation

3-602 Labeling

3-603 Consumer Advisory

Accurate

Representation

3-601.11 Standards of Identity.

PACKAGED 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) FOOD or COLOR ADDITIVES, colored overwraps, or lights may not

be used to misrepresent the true appearance, color, or quality of

a FOOD.

Labeling 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) Except as exempted in the Federal Food, Drug, and

Cosmetic Act § 403(Q)(3)-(5), nutrition labeling as specified in

21 CFR 101 - FOOD Labeling and 9 CFR 317 Subpart B

Nutrition Labeling.

be prominently 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.

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.

This page is intended to be blank.

Current Status of Consumer Advisory Language

Regarding § 3-603.11

The following information is not part of Chapter 3 and is not intended to be included in the

codified portion of the Food Code. It is inserted here to provide a summary of recent events

surrounding the matter of a consumer advisory, addressed in § 3-603.11 of the Code. In cases

where the Food Code is adopted through incorporation by reference, this page may be removed.

A consensus as to what constitutes satisfactory compliance with § 3-603.11 was reached at the

1998 Conference for Food Protection (CFP) meeting. A third option for the consumer “reminder”

was added later. This insert page is to alert the reader to the options available to food

establishments in advising consumers of the increased possibility of foodborne illness when

animal-derived foods are eaten raw or undercooked.

Included in Annex 3 is a full discussion of the evolution of the 1998 CFP consensus, satisfactory

compliance, applicability of the Code provision, and the meaning and application of the phrase

that appears in § 3-603.11, i.e., “or otherwise processed to eliminate pathogens.”

There are two components to satisfactory compliance: Disclosure and Reminder.

Disclosure is satisfied when:

(1) Items are described, such as:

(a) Oysters on the half-shell (raw oysters),

(b) Raw-egg Caesar salad, and

(2) Items are asterisked to a footnote that states that the items:

(a) Are served raw or undercooked, or

(b) Contain (or may contain) raw or undercooked ingredients.

Reminder is satisfied when the items requiring disclosure are asterisked to a footnote that

states:

(1) Regarding the safety of these items, written information is available upon request;

(2) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may

increase your risk of foodborne illness; or

(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.

_______________________________

Essential criteria for such written information are being developed and will be made available,

with a downloadable model brochure, on the CFSAN Web Page at http://www.cfsan.fda.gov. All

brochures must meet these essential criteria.

Consumer

Advisory

3-603.11 Consumption of Animal Foods that are Raw,

Undercooked, or Not Otherwise Processed to

Eliminate Pathogens.*

Except as specified in ¶ 3-401.11(C) and Subparagraph

3-401.11(D)(3) and under ¶ 3-801.11(D), if an animal FOOD such as

beef, eggs, FISH, lamb, pork, POULTRY, or shellfish that is raw,

undercooked, or not otherwise processed to eliminate pathogens is

offered in a READY-TO-EAT form as a deli, menu, vended, or other item;

or as a raw ingredient in another READY-TO-EAT FOOD, the LICENSE

HOLDER shall inform CONSUMERS by brochures, deli case or menu

advisories, label statements, table tents, placards, or other effective

written means of the significantly increased risk associated with

certain especially vulnerable CONSUMERS eating such FOODS in raw or

undercooked form.

3-7 CONTAMINATED FOOD

Subpart

3-701 Disposition

Disposition 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 reconditioned according to an

APPROVED procedure or discarded.

(B) FOOD that is not from an APPROVED source as specified under

§§ 3-201.11 through .17 shall be discarded.

EMPLOYEE who has any of the conditions that require reporting to the

PERSON IN CHARGE under § 2-201.11 or who has been excluded

by the REGULATORY AUTHORITY under the communicable disease

rules at 9 A.A.C. 6 shall be discarded.

(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.

3-8 SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE

POPULATIONS

Subpart

3-801 Additional Safeguards

Additional

Safeguards

3-801.11 Pasteurized Foods, Prohibited Reservice, and

Prohibited Food.*

In a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE

POPULATION:

(A) PrePACKAGED JUICE or a prePACKAGED beverage containing

JUICE, that bears a warning label as specified in 21 CFR, Section

101.17(g) Food Labeling, may not be served or offered for sale;

(B) Pasteurized shell eggs or pasteurized liquid, frozen, or dry

eggs or egg products shall be substituted for raw shell eggs in the

preparation of:

(1) FOODS such as Caesar salad, hollandaise or Béarnaise

sauce, mayonnaise, egg nog, ice cream, and egg-fortified

BEVERAGES, and

(2) Except as specified in ¶ (E) of this section, recipes in which

more than one egg is broken and the eggs are combined;

re-served; and

(D) The following FOODS may not be served or offered for sale

in a READY-TO-EAT form:

(1) Raw animal FOODS such as raw FISH, raw-marinated

FISH, raw MOLLUSCAN SHELLFISH, and steak tartare,

(2) A partially cooked animal FOOD such as lightly

cooked FISH, rare MEAT, soft-cooked eggs that are

made from raw shell eggs, and meringue, and

(3) Raw seed sprouts.

(E) 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,

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

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.

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

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

Multiuse 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:

(A) Safe;

(B) Durable, CORROSION-RESISTANT, and nonabsorbent;

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.

UTENSILS are used only as part of an uninterrupted process from

cooking through service.

4-101.13 Lead in Ceramic, China, and Crystal Utensils, Use

Limitation.

Ceramic, china, 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:

Utensil

Category

Description Maximum Lead

mg/L

Hot Beverage Mugs Coffee Mugs 0.5

Large Hollowware Bowls $$ 1.1 L

(1.16 QT)

Small Hollowware Bowls < 1.1 L

(1.16 QT)

2.0

Flat Utensils Plates, Saucers 3.0

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 pH below 6 such as vinegar, fruit JUICE, or wine or for a fitting or

tubing installed between a backflow prevention device and a

carbonator.

(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.

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 Lead in Pewter Alloys, Use Limitation.

Pewter alloys containing lead in excess of 0.05% may not be used as

a FOOD-CONTACT SURFACE.

4-101.18

Lead in Solder and Flux, Use Limitation.

Solder and flux containing lead in excess of 0.2% may not be used as

a FOOD-CONTACT SURFACE.

4-101.19

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

C (230

F) or above.

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.

4-101.110 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.

4-101.111

Nonfood-Contact Surfaces.

NonFOOD-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.

Single-Service

and Single-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, or

(2) Impart colors, odors, or tastes to FOOD;

and

(B) Shall be:

(1) Safe, 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

Durability and

Strength

4-201.11 Equipment and Utensils.

EQUIPMENT 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.*

FOOD TEMPERATURE MEASURING DEVICES may not have sensors or

stems constructed of glass, except that thermometers with glass

sensors or stems that are encased in a shatterproof coating such as

candy thermometers may be used.

Cleanability 4-202.11

Food-Contact Surfaces.*

(A) Multiuse FOOD-CONTACT SURFACES shall be:

(1) SMOOTH;

(2) Free of breaks, open seams, cracks, chips, inclusions, pits,

and similar imperfections;

(3) Free of sharp internal angles, corners, and crevices;

(4) Finished to have SMOOTH welds and joints; 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,

(b) By disassembling without the use of tools, or

commonly available to maintenance and cleaning personnel

such as screwdrivers, pliers, open-end wrenches, and Allen

wrenches.

(B) Subparagraph (A)(5) of this section does not apply to cooking oil

storage 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, and

(2) The system is self-draining or capable of being completely

drained of cleaning and SANITIZING solutions; and

(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.

Except 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.

NonFOOD-CONTACT SURFACES shall be free of unnecessary ledges,

projections, 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

Subparagraphs 4-202.11(E)(1)-(3) or capable of being rotated

open; and

(B) Removable or capable of being rotated open without unlocking

EQUIPMENT doors.

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.

Accuracy 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

C in the intended range of use.

(B) FOOD TEMPERATURE MEASURING DEVICES that are scaled only in

Fahrenheit shall be accurate to ±2

F in the intended range of use.

4-203.12 Temperature Measuring 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

C in the intended

range of use.

(B) Ambient air and water TEMPERATURE MEASURING DEVICES that are

scaled only in Fahrenheit shall be accurate to ±3

F in the intended

range of use.

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 pounds per square inch) or smaller and

shall be accurate to ± 14 kilopascals (± 2 pounds per square inch) in

the 100-170 kilopascals (15-25 pounds per square inch) range.

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).

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

unPACKAGED 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;

(B) The delivery tube, chute, and orifice shall be protected from

manual contact such as by being recessed;

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.

4-204.14 Vending Machine, Vending Stage Closure.

The dispensing compartment of a VENDING MACHINE including a

machine that is designed to vend prePACKAGED snack FOOD that is not

POTENTIALLY HAZARDOUS such as chips, party mixes, and pretzels shall

be equipped with a self-closing door or cover if the machine is:

(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 can not leak, drip,

or be forced into FOOD or onto FOOD-CONTACT SURFACES.

4-204.16

Beverage Tubing, Separation.

BEVERAGE tubing and cold-plate BEVERAGE cooling devices may not

be installed in contact with stored ice. This section does not apply to

cold plates that are constructed integrally with an ice storage bin.

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.

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 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.

(B) MOLLUSCAN SHELLFISH life-support system display tanks that are

used to store and 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:

(1) Is submitted by the LICENSE HOLDER and APPROVED as

specified under § 8-103.11; and

(2) Ensures that:

(a) Water used with FISH other than MOLLUSCAN SHELLFISH

does not flow into the molluscan tank,

(b) The safety and quality of the shellfish as they were received

are not compromised by the use of the tank, and

specified under § 3-203.12.

4-204.111 Vending Machines, Automatic Shutoff.*

(A) A machine vending POTENTIALLY HAZARDOUS 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 can not

maintain FOOD temperatures as specified under Chapter 3; 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.

(B) When the automatic shutoff within a machine vending POTENTIALLY

HAZARDOUS FOOD is activated:

(1) In a refrigerated VENDING MACHINE, the ambient temperature

may not exceed 5

C (41

F) or 7

C (45

F) as specified under

¶ 3-501.16(C) for more than 30 minutes immediately after the

machine is filled, serviced, or restocked; or

(2) In a hot holding VENDING MACHINE, the ambient temperature

may not be less than 60

C (140

F) for more than 120 minutes

immediately after the machine is filled, serviced, or restocked.

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 in the warmest part 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 shall be designed

to include and shall be equipped with at least one integral or

permanently affixed TEMPERATURE MEASURING DEVICE that is located

to allow easy viewing of the device's temperature display.

which the placement of a TEMPERATURE MEASURING DEVICE is not a

practical 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 FOOD transport containers, and salad bars.

(D) TEMPERATURE MEASURING DEVICES shall be designed to be easily

readable.

(E) FOOD 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

C or 2

F in the intended range of use.

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 operating 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

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; and

(B) As the water enters the hot water SANITIZING final rinse manifold

or in the chemical SANITIZING solution tank.

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

C (171

F);

and

(B) Provided with a rack or basket to allow complete immersion of

equipment and utensils into the hot water.

4-204.117 Warewashing Machines, Sanitizer Level Indicator.

A WAREWASHING machine that uses a chemical for SANITIZATION and

that is installed after adoption of this Code by the REGULATORY

AUTHORITY, shall be equipped with a device that indicates audibly or

visually when more chemical SANITIZER needs to be added.

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 pressure 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.

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.

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.

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 Equipment, Moveability.

EQUIPMENT, 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 EQUIPMENT such as hand trucks

and forklifts.

4-204.123

Vending Machine Doors and Openings.

(A) VENDING 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 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.

Acceptability 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

program will be 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

Equipment 4-301.11 Cooling, Heating, and Holding Capacities.

EQUIPMENT 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.

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.

(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.

there are special cleaning needs or constraints and its use is

APPROVED. 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 LICENSE HOLDER shall have its use APPROVED; and

(2) The nature of WAREWASHING shall be limited 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:

(a) The number of items to be cleaned shall be limited,

(b) The cleaning and SANITIZING solutions shall be made up

immediately before use and drained immediately after use,

and

applied as specified under § 4-501.115, or

(d) A hot water SANITIZATION immersion step shall be used 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

provided.

Utensils,

Temperature

Measuring

Devices, 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.

4-302.12 Food Temperature Measuring Devices.

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.

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

in mg/L of SANITIZING solutions shall be provided.

4-4 LOCATION AND INSTALLATION

Subparts

4-401 Location

4-402 Installation

Location 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;

(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.

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.

Installation 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) SEALED to adjoining EQUIPMENT or walls, if the EQUIPMENT is

exposed to spillage or seepage.

(B) TABLE-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 to the table; or

(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).

refrigeration units, and display freezer units located in the CONSUMER

shopping areas of a retail FOOD store, if the floor under the units is

maintained clean.

(D) Except as specified in ¶ (E) of this section, TABLE-MOUNTED

EQUIPMENT that is not EASILY MOVABLE shall be elevated on legs that

provide at least a 10 centimeter (4 inch) clearance between the table

and the EQUIPMENT.

(E) The clearance space between the table and TABLE-MOUNTED

EQUIPMENT 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.

4-5

MAINTENANCE AND OPERATION

Subparts

4-501 Equipment

4-502 Utensils and Temperature and Pressure

Measuring Devices

Equipment 4-501.11

Good Repair and Proper Adjustment.

(A) EQUIPMENT shall be maintained in a state of repair and condition

that meets the requirements specified under Parts 4-1 and 4-2.

(B) EQUIPMENT components such as doors, seals, hinges, fasteners,

and kick plates shall be kept intact, tight, and adjusted in accordance

with manufacturer's specifications.

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:

(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

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.

(B) If a WAREWASHING sink is used to wash wiping cloths, wash

produce, 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.

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

C (110

F) or the

temperature specified on the cleaning agent manufacturer's label

instructions.

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

(165

F);

(2) For a stationary rack, dual temperature machine, 66

C (150

F);

(3) For a single tank, conveyor, dual temperature machine, 71

(160

F); or

(4) For a multitank, conveyor, multitemperature machine, 66

100

(150

F).

(B) The temperature of the wash solution in spray-type warewashers

that use chemicals to SANITIZE may not be less than 49

C (120

F).

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

C (171

F) or

above.

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

C (194

F), or less than:

(1) For a stationary rack, single temperature machine, 74

(165

F); or

(2) For all other machines, 82

C (180

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 may not be less than 100 kilopascals (15

pounds per square inch) or more than 170 kilopascals (25 pounds per

square inch) as measured in the water line immediately downstream

or upstream from the fresh hot water SANITIZING rinse control valve.

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

101

mechanical operation at exposure times specified under

¶ 4-703.11(C) shall be listed in 21 CFR 178.1010 Sanitizing solutions,

shall be used in accordance with the EPA-approved manufacturer's

label use instructions, and shall be used as follows:

(A) A chlorine solution shall have a minimum temperature based

on the concentration and pH of the solution as listed in the following

chart;

Minimum

Concentration

Minimum Temperature

mg/L pH 10 or less

C (

pH 8 or less

C (

25 49 (120) 49 (120)

50 38 (100) 24 ( 75)

100 13 ( 55) 13 ( 55)

(B) An iodine solution shall have a:

(1) Minimum temperature of 24

C (75

F),

(2) pH of 5.0 or less or a pH no higher than the level for which the

manufacturer specifies the solution is effective, and

(3) Concentration between 12.5 mg/L and 25 mg/L;

(1) Have a minimum temperature of 24

C (75

F),

(2) Have a concentration as specified under § 7-204.11 and as

indicated by the manufacturer's use directions included in the

labeling, 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

manufacturer's label;

(D) If another solution of a chemical specified under ¶¶ (A)-(C) of this

section is used, the LICENSE HOLDER shall demonstrate to the

REGULATORY AUTHORITY that the solution achieves SANITIZATION and the

102

use of the solution shall be APPROVED; 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 manufacturer's use directions included in the labeling.

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.

Utensils and

Temperature

and Pressure

Measuring

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.

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.

103

4-502.13 Single-Service and Single-Use Articles, Use

Limitation.

(A) SINGLE-SERVICE and SINGLE-USE ARTICLES may not be reused.

(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.

(B) The FOOD-CONTACT SURFACES of cooking EQUIPMENT and pans

shall be kept free of encrusted grease deposits and other soil

accumulations.

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

104

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;

(2) Each time there is a change from working with raw FOODS to

working with READY-TO-EAT FOODS;

(3) Between uses with raw fruits and vegetables and with

POTENTIALLY HAZARDOUS FOOD;

(4) Before using or storing a FOOD TEMPERATURE MEASURING

DEVICE; and

(5) At any time during the operation when contamination may have

occurred.

(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,

such as preparing raw FISH followed by cutting raw poultry on the

same cutting board.

POTENTIALLY HAZARDOUS FOOD, EQUIPMENT FOOD-CONTACT SURFACES

and UTENSILS shall be cleaned throughout the day at least every 4

hours.

(D) Surfaces of UTENSILS and EQUIPMENT contacting POTENTIALLY

HAZARDOUS FOOD may be cleaned less frequently than every 4 hours

if:

(1) In storage, containers of POTENTIALLY HAZARDOUS 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:

105

Cleaning

Temperature Frequency

5.0

C (41

F) or less 24 hours

>5.0

C - 7.2

C 20 hours

(>41

F - 45

>7.2

C - 10.0

C 16 hours

(>45

F - 50

>10.0

C - 12.8

C 10 hours

(>50

F - 55

; and

(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

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,

106

(d) The temperature at which the FOOD is maintained during

the operation and the potential for the rapid and progressive

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 wh ich the water is maintained at 54

C (130

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 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

107

at least every 24 hours by using the manufacturer's recommended

cleaning procedure.

4-602.13

Nonfood-Contact Surfaces.

NonFOOD-CONTACT SURFACES of EQUIPMENT shall be cleaned at a

frequency necessary to preclude accumulation of soil residues.

Methods 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.

(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, scupper, 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) EQUIPMENT 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

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detergents containing wetting agents and emulsifiers; acid, alkaline,

or abrasive cleaners; hot water; brushes; scouring pads; high-pressure

sprays; or ultrasonic devices.

(B) The washing procedures selected shall be based on the type and

purpose 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

¶ 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;

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(B) Use of a detergent-SANITIZER as specified under § 4-501.115

if using:

(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;

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.

(B) A FOOD-specific container for BEVERAGES may be refilled at a

FOOD ESTABLISHMENT if:

(1) Only a BEVERAGE that is not a POTENTIALLY HAZARDOUS 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;

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(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

ESTABLISHMENT for 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 can not

be bypassed by the container owner.

filled 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.*

UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT shall be

SANITIZED before use after cleaning.

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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;

(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

C (160

F) as measured by an irreversible

registering temperature indicator; or

application of SANITIZING chemicals by immersion, manual

swabbing, brushing, or pressure spraying methods, using a

solution as specified under § 4-501.114 by providing:

(1) Except as specified under Subparagraph (C)(2) of this

section, an exposure time of at least 10 seconds for a chlorine

solution specified under ¶ 4-501.114(A),

(2) An exposure 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

C (100

F) or a pH of 8 or less and

a temperature of at least 24

C (75

F),

(3) An exposure time of at least 30 seconds for other chemical

SANITIZING solutions, or

(4) An exposure time used in relationship with a combination

of temperature, concentration, and pH that, when evaluated for

efficacy, yields SANITIZATION as defined in Subparagraph

1-201.10(B)(70).

112

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.

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, lamb, pork, and FISH.

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.

Methods 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.

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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 specified 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 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 Handling

Drying 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 ¶ (a) of 21 CFR 178.1010 Sanitizing solutions, before contact

with FOOD; and

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(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.

Lubricating and

Reassembling

4-902.11

Food-Contact Surfaces.

Lubricants shall be applied to FOOD-CONTACT SURFACES that require

lubrication in a manner that does not contaminate FOOD-CONTACT

SURFACES.

4-902.12

Equipment.

EQUIPMENT shall be reassembled so that FOOD-CONTACT SURFACES

are not contaminated.

Storing 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:

115

(1) In a self-draining position that allows air drying; and

(2) Covered or inverted.

specified under ¶ (A) of this section and shall be kept in the original

protective package or stored by using other means that afford

protection 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:

(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.

116

Handling 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

presented so that only the handles are touched by EMPLOYEES and by

CONSUMERS if CONSUMER self-service is provided.

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.

4-904.13

Preset Tableware.

IF TABLEWARE is preset:

(A) It shall be protected from contamination by being wrapped,

covered, or inverted;

(B) Exposed, unused settings shall be removed when a CONSUMER

is seated; or

before further use if the settings are not removed when a

CONSUMER is seated.

117

Chapter

5 Water, Plumbing,

and Waste

Parts

5-1 WATER

5-2 PLUMBING SYSTEM

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

Source 5-101.11 Approved System.*

DRINKING WATER shall be obtained from an APPROVED source that is:

(A) A PUBLIC WATER SYSTEM; or

(B) A nonPUBLIC WATER SYSTEM that is constructed, maintained,

and operated according to LAW.

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

118

after an emergency situation, such as a flood, that may introduce

contaminants to the system.

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

Part 129 - Processing and Bottling of Bottled Drinking Water (1989).

Quality 5-102.11

Standards.*

Except as specified under § 5-102.12:

(A) Water from a PUBLIC WATER SYSTEM shall meet 40 CFR 141 -

National Primary Drinking Water Regulations and state DRINKING

WATER quality standards; and

(B) Water from a nonPUBLIC WATER SYSTEM shall meet state

DRINKING WATER quality standards.

5-102.12 Nondrinking Water.*

(A) A nonDRINKING WATER supply shall be used only if its use is

APPROVED.

(B) NonDRINKING WATER shall be used only for nonculinary purposes

such as air conditioning, nonFOOD EQUIPMENT cooling, fire protection,

and irrigation.

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.

119

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

Availability

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.

(B) Hot water generation and distribution systems shall be sufficient

to meet the peak hot water demands throughout the FOOD

ESTABLISHMENT.

5-103.12 Pressure.

Water under pressure shall be provided to all fixtures, EQUIPMENT, and

nonFOOD EQUIPMENT that are required to use water except that water

supplied as specified under ¶¶ 5-104.12(A) and (B) to a TEMPORARY

FOOD ESTABLISHMENT or in response to a temporary interruption of

a water supply need not be under pressure.

Distribution,

Delivery, and

Retention

5-104.11

System.

Water shall be received from the source through the use of:

(A) An APPROVED public water main; or

(B) One or more of the following that shall be constructed,

maintained, and operated according to LAW:

(1) Nonpublic water main, water pumps, pipes, hoses,

connections, and other appurtenances,

(2) Water transport vehicles, and

(3) Water containers.

5-104.12

Alternative Water Supply.

120

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;

(B) One or more closed portable water containers;

(D) An on-PREMISES water storage tank; or

(E) Piping, tubing, or hoses connected to an adjacent APPROVED

source.

5-2 PLUMBING SYSTEM

Subparts

5-201 Materials

5-202 Design, Construction, and Installation

5-203 Numbers and Capacities

5-204 Location and Placement

5-205 Operation and Maintenance

Materials 5-201.11

Approved.*

(A) A PLUMBING SYSTEM and hoses conveying water shall be

constructed and repaired with APPROVED materials according to LAW.

(B) A water filter shall be made of SAFE MATERIALS.

Design, 5-202.11

Approved System and Cleanable Fixtures.*

121

Construction,

and Installation

(A) A PLUMBING SYSTEM shall be designed, constructed, and installed

according to LAW.

(B) A PLUMBING FIXTURE such as a handwashing facility, toilet, or urinal

shall be EASILY CLEANABLE.

5-202.12 Handwashing Facility, Installation.

(A) A handwashing lavatory shall be equipped to provide water at a

temperature of at least 43

C (110

F) through a mixing valve or

combination faucet.

(B) A steam mixing valve may not be used at a handwashing lavatory.

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 non-FOOD EQUIPMENT shall be at

least twice the diameter of the water supply inlet and may not be less

than 25 mm (1 inch).

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.

5-202.15 Conditioning Device, Design.

A water filter, screen, and other water conditioning device installed on

122

water lines shall be designed to facilitate disassembly for

periodic servicing and cleaning. A water filter element shall be of the

replaceable type.

Numbers and

Capacities

5-203.11

Handwashing Facilities.*

(A) Except as specified in ¶¶ (B) and (C) of this section, at least 1

handwashing lavatory, a number of handwashing lavatories necessary

for their convenient use by EMPLOYEES in areas specified under §

5-204.11, and not fewer than the number of handwashing lavatories

required by LAW shall be provided.

(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 lavatories

in a FOOD ESTABLISHMENT that has at least one handwashing

lavatory.

lavatories are not conveniently available, such as in some mobile or

TEMPORARY FOOD ESTABLISHMENTS or at some VENDING MACHINE

LOCATIONS, EMPLOYEES 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

provided. If authorized by LAW and urinals are substituted for toilets,

the substitution shall be done as specified in LAW.

5-203.13

Service Sink.

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.

5-203.14 Backflow Prevention Device, When Required.*

A PLUMBING SYSTEM shall be installed to preclude backflow of a solid,

123

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

prevention is required by LAW, by:

(A) Providing an air gap as specified under § 5-202.13; or

(B) Installing an APPROVED backflow prevention device as

specified under § 5-202.14.

5-203.15 Backflow Prevention Device, Carbonator.*

Reserved.

Location and

Placement

5-204.11

Handwashing Facilities.*

A handwashing facility shall be located:

(A) To allow convenient use by EMPLOYEES in FOOD preparation,

FOOD dispensing, and WAREWASHING areas; and

(B) In, or immediately adjacent to, toilet rooms.

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

Maintenance

5-205.11 Using a Handwashing Facility.

(A) A handwashing facility shall be maintained so that it is accessible

at all times for EMPLOYEE use.

(B) A handwashing facility may not be used for purposes other than

handwashing.

124

with manufacturer’s instructions.

5-205.12 Prohibiting a Cross Connection.*

(A) Except as specified in 9 CFR 308.3(d) for firefighting, 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.

(B) The piping of a nonDRINKING WATER SYSTEM shall be durably

identified so that it is readily distinguishable from piping that carries

DRINKING WATER.

5-205.13

Scheduling Inspection and Service for a Water

System 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.

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;

and

(2) Cleaned in accordance with manufacturer's specifications or

according to the procedures specified under ¶ (B) of this section,

whichever is more stringent.

(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;

125

(2) Brush-cleaning the reservoir, aerosol tubing, and discharge

nozzles with a suitable detergent solution;

(3) Flushing the complete system with water to remove the

detergent solution and particulate accumulation; and

(4) Rinsing by immersing, spraying, or swabbing the reservoir,

aerosol tubing, and discharge nozzles with at least 50 mg/L

hypochlorite solution.

5-205.15 System Maintained in Good Repair.*

A PLUMBING SYSTEM shall be:

(A) Repaired according to LAW; and

(B) Maintained in good repair.

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

Materials 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;

(B) Durable, CORROSION-RESISTANT, and nonabsorbent; and

126

Design 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

(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.

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(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;

(B) Durable, CORROSION-RESISTANT, and nonaborbent;

distortion, and decomposition;

(D) Finished with a SMOOTH interior surface; and

(E) Clearly and durably identified as to its use if not permanently

attached.

Numbers 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.

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.

128

Operation and

Maintenance

5-304.11

System Flushing and Disinfection.*

A water tank, pump, and hoses shall be flushed and sanitized before

being placed in service after construction, repair, modification, and

periods of nonuse.

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

protected 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 hoses used for conveying DRINKING WATER shall be used for no

other purpose.

(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.

129

5-4

SEWAGE, OTHER LIQUID WASTE, AND RAINWATER

Subparts

5-401 Mobile Holding Tank

5-402 Retention, Drainage, and Delivery

5-403 Disposal Facility

Mobile Holding

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.

Retention,

Drainage, and

Delivery

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) and (C) 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

UTENSILS are placed.

(B) 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 properly vented

floor drain trap.

direct connection.

130

location and

placement

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.

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.

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.

Disposal Facility 5-403.11 Approved Sewage Disposal System.*

design and

construction

SEWAGE shall be disposed through an APPROVED facility that is:

(A) A public SEWAGE treatment plant; or

(B) An individual SEWAGE disposal system that is sized,

constructed, maintained, and operated according to LAW.

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.

131

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

Premises

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

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.

132

A REFUSE receptacle may not be located within a VENDING MACHINE,

except that a receptacle for BEVERAGE bottle crown closures may 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

of 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.

receptacle shall be located at each lavatory or group of adjacent

lavatories.

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

133

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

placement

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

storage area or CONSUMER area of a FOOD ESTABLISHMENT if FOOD,

EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE

ARTICLES are not subject to contamination from the machines and a

public health HAZARD or nuisance is not created.

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.

REFUSE, recyclables, and returnables shall be stored in receptacles or

waste handling units so that they are inaccessible to insects and

rodents.

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

134

not meeting the requirements specified under ¶ 5-501.13(A) such as

receptacles that are not rodent-resistant, unprotected plastic bags and

paper 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

FOOD 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.

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

135

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 and 5-403.11.

(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.

Removal 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

Disposal and

Recycling

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.

136

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

Indoor 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) SMOOTH, 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.

137

(B) In a TEMPORARY FOOD ESTABLISHMENT:

(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 suitable 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.

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, the floors, floor coverings,

walls, wall coverings, and ceilings shall be designed, constructed, and

installed so they are SMOOTH and EASILY CLEANABLE, except that

antislip floor coverings or applications may be used for safety

reasons.

138

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.

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.

139

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.

(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.

Studs, joists, and rafters may not be exposed in areas subject to

moisture. This requirement does not apply to TEMPORARY FOOD

ESTABLISHMENTS.

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.

140

(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 can not be affected by broken

glass falling onto them; and

(2) The packages are capable of being cleaned of debris from

broken bulbs before the packages are opened.

breakage by a shield surrounding and extending beyond the bulb so

that only the face of the bulb is exposed.

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.

A toilet room located on the PREMISES shall be completely enclosed

and provided with a tight-fitting and self-closing door except that this

requirement does not apply to a toilet room that is located outside

141

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.

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

(3) Solid, self-closing, tight-fitting doors.

(B) Paragraph (A) of this section does not apply if a FOOD

ESTABLISHMENT 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.

(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) Restricted 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 provided 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 25.4mm (16 mesh to 1 inch) screens;

142

(2) Properly designed and installed air curtains; 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.

6-202.17

Outdoor Food Vending Areas, Overhead

Protection.

If located outside, a machine used to vend FOOD shall be provided

with overhead protection except that machines vending canned

BEVERAGES need not meet this requirement.

6-202.18 Outdoor Servicing Areas, Overhead Protection.

SERVICING AREAS shall be provided with overhead protection except

that areas used only for the loading of water or the discharge of

SEWAGE and other liquid waste, through the use of a closed system

of hoses, need not 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.

143

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.

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 partitioning and

solid self-closing doors.

6-3 NUMBERS AND CAPACITIES

Subparts

6-301 Handwashing Facilities

6-302 Toilets and Urinals

6-303 Lighting

6-304 Ventilation

6-305 Dressing Areas and Lockers

6-306 Service Sinks

Handwashing

Facilities

6-301.10

Minimum Number.

Handwashing facilities shall be provided as specified under

§ 5-203.11.

6-301.11

Handwashing Cleanser, Availability.

Each handwashing lavatory or group of 2 adjacent lavatories shall be

provided with a supply of hand cleaning liquid, powder, or bar soap.

6-301.12

Hand Drying Provision.

144

Each handwashing lavatory or group of adjacent lavatories shall be

provided with:

(A) Individual, disposable towels;

(B) A continuous towel system that supplies the user with a clean

towel; or

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

required for a handwashing lavatory 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 lavatories used by FOOD

EMPLOYEES and shall be clearly visible to FOOD EMPLOYEES.

6-301.20

Disposable Towels, Waste Receptacle.

A handwashing lavatory or group of adjacent lavatories that is

provided 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.

Lighting 6-303.11 Intensity.

The light intensity shall be:

145

(A) At least 110 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 220 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;

(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

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.

Dressing Areas

and Lockers

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.

Service Sinks 6-306.10

Availability.

A service sink or curbed cleaning facility shall be provided as

specified under § 5-203.13.

146

6-4

LOCATION AND PLACEMENT

Subparts

6-401 Handwashing Facilities

6-402 Toilet Rooms

6-403 Employee Accommodations

6-404 Distressed Merchandise

6-405 Refuse, Recyclables, and Returnables

Handwashing

Facilities

6-401.10 Conveniently Located.

Handwashing facilities shall be conveniently located as specified under

§ 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

Accommodations

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.

Distressed

Merchandise

6-404.11

Segregation and Location.

Products that are held by the LICENSE 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.

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Refuse,

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

Subparts

6-501 Premises, Structures, Attachments, and

Fixtures - Methods

Premises,

Structures,

Attachments,

and Fixtures

- Methods

6-501.11 Repairing.

The PHYSICAL FACILITIES shall be maintained in good repair.

6-501.12

Cleaning, Frequency and Restrictions.

(A) The PHYSICAL FACILITIES shall be cleaned as often as necessary to

keep them clean.

(B) Cleaning shall be done during periods when the least amount of

FOOD is exposed such as after closing. This requirement does not

apply to cleaning that is necessary due to a spill or other accident.

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

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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.

6-501.15

Cleaning Maintenance Tools, Preventing

Contamination.*

FOOD preparation sinks, handwashing lavatories, and WAREWASHING

EQUIPMENT may not be used for the cleaning of maintenance tools, the

preparation or holding of maintenance materials, or the disposal of

mop water and similar liquid wastes.

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

Maintaining and Using Handwashing Facilities.

Handwashing facilities shall be kept clean, and maintained and used

as specified under § 5-205.11.

6-501.19 Closing Toilet Room Doors.

Toilet room doors as specified under § 6-202.14 shall be kept closed

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except during cleaning and maintenance operations.

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 presence of insects, rodents, and other pests shall be controlled

to minimize their presence on the PREMISES by:

(A) Routinely inspecting incoming shipments of FOOD and

supplies;

(B) Routinely inspecting the PREMISES for evidence of pests;

other means of pest control as specified under §§ 7-202.12,

7-206.12, and 7-206.13; 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

prevents their accumulation, decomposition, or the attraction of pests.

6-501.113

Storing Maintenance Tools.

Maintenance tools such as brooms, mops, vacuum cleaners, and