ii
REQUIREMENTS FOR FOOD ESTABLISHMENTS IN NEBRASKA
Including the
FOOD CODE
as adopted by reference pursuant to Nebraska Revised Statutes, section 81-2,257.01
and
selected sections of the
NEBRASKA PURE FOOD ACT
Nebraska Revised Statutes, section 81-2,239, et seq.
The Food Code is taken from the 2017 Recommendations of the United States Public Health Service, Food
and Drug Administration.
The sections taken from the Pure Food Act are designated by the numbers 81-2,272.01 to 81-2,292.
Nebraska
Food Code
Preface iii
Contents iv
PREVIOUS EDITIONS OF CODES ........................................................................................... iii
INTRODUCTION
PREFACE ........................................................................................................................ i
CHAPTER 1 PURPOSE AND DEFINITIONS ...................................................................... 1
CHAPTER 2 MANAGEMENT AND PERSONNEL ............................................................ 29
CHAPTER 3 FOOD .......................................................................................................... 59
CHAPTER 4 EQUIPMENT, UTENSILS, AND LINENS .................................................. 113
CHAPTER 5 WATER, PLUMBING, AND WASTE ........................................................... 156
CHAPTER 6 PHYSICAL FACILITIES ............................................................................. 176
CHAPTER 7 POISONOUS OR TOXIC MATERIALS ...................................................... 193
CHAPTER 8 COMPLIANCE AND ENFORCEMENT ....................................................... 201
1-1 TITLE, INTENT, SCOPE ...................................................................................... 1
1-101 Title ............................................................................................... 1
1-102 Intent ............................................................................................ 1
1-03 Scope ........................................................................................... 1
1-2 DEFINITIONS ...................................................................................................... 2
1-201 Applicability and Terms Defined .................................................... 2
2-1 SUPERVISION .................................................................................................. 29
2-101.11 Responsibility.............................................................................. 29
2-102.11 Knowledge .................................................................................. 30
2-102.20 Food Protection Manager Certification ........................................ 32
2-103.11 Duties ......................................................................................... 39
2-2 EMPLOYEE HEALTH ........................................................................................ 35
2-201.11 Responsibilities of Permit Holder, Person in Charge, and
Conditional Employees ............................................................... 35
2-201.12 Exclusions and Restrictions ........................................................ 39
2-201.13 Removal, Adjustment, or Retention of Exclusions and Restrictions
................................................................................................... 41
2-3 PERSONAL CLEANLINESS .............................................................................. 51
2-301.11 Clean Condition .......................................................................... 51
2-301.12 Cleaning Procedure .................................................................... 51
2-301.14 When to Wash ............................................................................ 52
Contents
Chapter 1 Purpose and Definitions
Chapter 2 Management and Personnel
Contents v
2-301.15 Where to Wash ........................................................................... 53
2-301.16 Hand Antiseptics ......................................................................... 53
2-302.11 Fingernails: Maintenance ............................................................ 55
81-2,272.32 Food employee; fingernail requirements ........... 55
2-303.11 Jewelry ....................................................................................... 55
2-304.11 Outer Clothing ............................................................................. 55
2-4 HYGIENIC PRACTICES .................................................................................... 56
2-401.11 Eating, Drinking, or Using Tobacco ............................................. 56
2-401.12 Discharges from Eyes, Nose, and Mouth .................................... 56
2-401.13 Use of Bandages, Finger Cots, or Finger Stalls .......................... 56
2-402.11 Effectiveness .............................................................................. 57
2-403.11 Animals ....................................................................................... 57
2-5 RESPONDING TO CONTAMINATION EVENTS ............................................... 57
2-501 Procedures for Responding ........................................................ 57
3-1 CHARACTERISTICS ......................................................................................... 59
3-101.11 Safe, Unadulterated, and Honestly Presented ............................ 59
3-2 SOURCES, SPECIFICATIONS, AND ORIGINAL CONTAINERS AND
RECORDS ......................................................................................................... 60
3-201.11 Sources ...................................................................................... 60
3-202.12 Food in a Hermetically Sealed Container .................................... 61
3-201.13 Fluid Milk and Milk Products ....................................................... 61
3-201.14 Fish ............................................................................................. 61
3-201.15 Molluscan Shellfish ..................................................................... 62
3-201.16 Wild Mushrooms ......................................................................... 62
3-201.17 Game Animals ............................................................................ 62
3-202.11 Temperature ............................................................................... 64
3-202.12 Additives ..................................................................................... 65
3-202.13 Eggs ........................................................................................... 65
3-202.14 Eggs and Milk Products, Pasteurized .......................................... 65
3-202.15 Package Integrity ........................................................................ 66
3-202.16 Ice ............................................................................................... 66
3-202.17 Shucked Shellfish, Packaging, and Identification ........................ 66
3-202.18 Shellstock Identification……………………………………………...66
3-202.19 Shellstock, Condition .................................................................. 68
3-202.110 Juice Treated .............................................................................. 68
3-203.11 Molluscan Shellfish, Original Container ....................................... 68
3-203.12 Shellstock, Maintaining Identification .......................................... 70
3-3 PROTECTION FROM CONTAMINATION AFTER RECEIVING ........................ 71
3-301.11 Preventing Contamination by Employees .................................... 71
81-2,272.10 Preventing Contamination from Hands .............. 71
3-301.12 Preventing Contamination When Tasting .................................... 71
Chapter 3 Food
Contents vi
3-302.11 Packaging and Unpackaged Food – Separation, Packaging, and
Segregation ................................................................................ 71
3-302.12 Food Storage Containers, Identified with Common Name of Food
................................................................................................... 73
3-302.13 Pasteurized Eggs, Substitute for Raw Eggs for Certain Recipes . 73
302.14 Protection from Unapproved Additives ........................................ 74
302.15 Washing Fruits and Vegetables .................................................. 74
3-303.11 Ice Used as Exterior Coolant, Prohibited as Ingredient ............... 74
3-303.12 Storage or Display of Food in Contact with Water or Ice ............. 75
3-304.11 Food Contact with Equipment and Utensils………………............75
3-304.12 In-Use Utensils, Between-Use Storage ....................................... 75
3-304.13 Linens and Napkins, Use Limitation ............................................ 76
3-304.14 Wiping Cloths, Use Limitation ..................................................... 76
3-304.15 Gloves, Use Limitation ................................................................ 77
3-304.16 Using Clean Tableware for Second Portions and Refills ............. 77
3-304.17 Refilling Returnables ................................................................... 78
3-305.11 Food Storage .............................................................................. 79
3-305.12 Food Storage, Prohibited Areas .................................................. 80
3-305.13 Vended Times/Temperature Control for Safety Food, Original
Container .................................................................................... 80
3-305.14 Food Preparation ........................................................................ 80
3-306.11 Food Display ............................................................................... 81
3-306.12 Condiments, Protection ............................................................... 81
3-306.13 Consumer Self-Service Operations ............................................. 81
3-306.14 Returned Food and Re-Service of Food ...................................... 82
3-307.11 Miscellaneous Sources of Contamination ................................... 82
3-4 DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH CONCERN ............... 83
3-401.11 Raw Animal Foods ...................................................................... 83
3-402.12 Microwave Cooking..................................................................... 86
3-401.13 Plant Food Cooking for Hot Holding ............................................ 87
3-401.14 Non-Continuous Cooking of Raw Animal Foods ......................... 87
3-402.11 Parasite Destruction .................................................................... 88
3-402.12 Records, Creation and Retention ................................................ 89
3-403.10 Preparation for Immediate Service .............................................. 89
3-403.11 Reheating for Hot Holding ........................................................... 90
3-404.11 Treating Juice ............................................................................. 90
3-5 LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC HEALTH CONCERN
91
3-501.11 Temperature and Time Control ................................................... 91
3-501.12 Time/Temperature Control for Safety Food, Slacking .................. 91
3-501.13 Thawing ...................................................................................... 92
3-501.14 Cooling ....................................................................................... 93
3-501.15 Cooling Methods ......................................................................... 93
81-2,272.01 Time/Temperature Control for Safety Food, Hot
and Cold Holding .............................................. 94
3-501.17 Ready-to-Eat, Time/Temperature Control for Safety Food, Date
Marking ....................................................................................... 95
Contents vii
81-2,272.24 Time/temperature control for safety food; date
marking; sale, consumption, or discard
requirements ..................................................... 97
3-501.18 Ready-to-Eat, Time/Temperature Control for Safety Food,
Disposition .................................................................................. 98
3-501.19 Time as Public Health Control ..................................................... 98
3-502.11 Variance Requirement ................................................................ 99
3-502.12 Reduced Oxygen Packaging Without a Variance Criteria ........ .101
3-6 FOOD IDENTITY, PRESENTATION, AND ON-PREMISES LABELING .......... 106
3-601.11 Standards of Identity ................................................................. 106
3-601.12 Honestly Presented................................................................... 106
3-602.11 Food Labels .............................................................................. 106
3-602.12 Other Forms of Information ....................................................... 108
3-603.11 Consumption of Animal Foods that are Raw, Undercooked, or Not
Otherwise Processed to Eliminate Pathogens........................... 108
3-7 CONTAMINATED FOOD ................................................................................. 109
3-701.11 Discarding or Reconditioning Unsafe, Adulterated, or
Contaminated Food .................................................................. 109
3-8 SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE POPULATIONS .. 110
3-801.11 Pasteurized Foods, Prohibited Re-Service, and Prohibited Food
................................................................................................. 110
4-1 MATERIALS FOR CONSTRUCTION AND REPAIR ........................................ 113
4-101.11 Characteristics .......................................................................... 113
4-101.12 Cast Iron, Use Limitation ........................................................... 114
4-101.13 Lead, Use Limitation ................................................................. 114
4-101.14 Copper, Use Limitation ............................................................. 115
4-101.15 Galvanized Metal, Use Limitation .............................................. 115
4-101.16 Sponges, Use Limitation ........................................................... 115
4-101.17 Wood, Use Limitation ................................................................ 115
4-101.18 Nonstick Coatings, Use Limitation ............................................. 116
4-101.19 Nonfood-Contact Surfaces ........................................................ 116
4-102.11 Characteristics .......................................................................... 116
4-2 DESIGN AND CONSTRUCTION ..................................................................... 117
4-201.11 Equipment and Utensils ............................................................ 117
4-201.12 Food Temperature Measuring Devices ..................................... 117
4-202.11 Food-Contact Surfaces ............................................................. 117
4-202.12 CIP Equipment .......................................................................... 118
4-202.13 “V” Threads, Use Limitation ...................................................... 118
4-202.14 Hot Oil Filtering Equipment ....................................................... 118
4-202.15 Can Openers ............................................................................ 119
4-202.16 Nonfood-Contact Surfaces ........................................................ 119
Chapter 4 Equipment, Utensils, and Linens
Contents viii
4-202.17 Kick Plates, Removable ............................................................ 119
4-202.18 Ventilation Hood Systems, Filters ............................................. 119
4-203.11 Temperature Measuring Devices, Food .................................... 119
4-203.12 Temperature Measuring Devices, Ambient Air and Water ......... 120
4-203.13 Pressure Measuring Devices, Mechanical Warewashing
Equipment ................................................................................ 120
4-204.11 Ventilation Hood Systems, Drip Prevention ............................... 120
4-204.12 Equipment Openings, Closures and Deflectors ......................... 120
4-204.13 Dispensing Equipment, Protection of Equipment and Food ....... 121
4-204.14 Vending Machine, Vending Stage Closure ................................ 122
4-204.15 Bearings and Gear Boxes, Leak proof ...................................... 122
4-204.16 Beverage Tubing, Separation ................................................... 122
4-204.17 Ice Units, Separation of Drains ................................................. 123
4-204.18 Condenser Unit, Separation ...................................................... 123
4-204.19 Can Openers on Vending Machines ......................................... 123
4-204.110 Molluscan Shellfish Tanks......................................................... 123
4-204.111 Vending Machines, Automatic Shutoff ...................................... 123
4-204.112 Temperature Measuring Devices .............................................. 124
4-204.113 Warewashing Machine, Data Plate Operating Specifications .... 125
4-204.114 Warewashing Machines, Internal Baffles .................................. 125
4-204.115 Warewashing Machines, Temperature Measuring Devices ....... 126
4-204.116 Manual Warewashing Equipment, Heaters, and Baskets .......... 126
4-204.117 Warewashing Machines, Automatic Dispensing of Detergents and
Sanitizers .................................................................................. 126
4-204.118 Warewashing Machines, Flow Pressure Device ........................ 126
4-204.119 Warewashing Sinks and Drainboards, Self-Draining ................. 127
4-204.120 Equipment Compartments, Drainage ........................................ 127
4-204.121 Vending Machines, Liquid Waste Products ............................... 127
4-204.122 Case Lot Handling Apparatuses, Movability .............................. 128
4-204.123 Vending Machine Doors and Openings ..................................... 128
4-205.10 Food Equipment, Certification and Classification ...................... 128
4-3 NUMBERS AND CAPACITIES ........................................................................ 129
4-301.11 Cooling, Heating, and Holding Capacities ................................. 129
4-301.12 Manual Warewashing, Sink Compartment Requirements ......... 129
4-301.13 Drainboards .............................................................................. 130
4-301.14 Ventilation Hood Systems, Adequacy ....................................... 130
4-301.15 Clothes Washers and Dryers .................................................... 130
4-302.11 Utensils, Consumer Self Service ............................................... 130
4-302.12 Food Temperature Measuring Devices ..................................... 130
4-302.13 Temperature Measuring Devices, Manual and Mechanical
Warewashing ............................................................................ 131
4-302.14 Sanitizing Solutions, Testing Devices ....................................... 131
4-303.11 Cleaning Agents and Sanitizers, Availability ............................. 131
4-4 LOCATION AND INSTALLATION .................................................................... 132
4-401.11 Equipment, Clothes Washers and Dryers, and Storage Cabinets,
Contamination Prevention ......................................................... 132
4-402.11 Fixed Equipment, Spacing or Selling ........................................ 133
4-402.12 Fixed Equipment, Elevation or Sealing...................................... 133
Contents ix
4-5 MAINTENANCE AND OPERATION................................................................. 135
4-501.11 Good Repair and Proper Adjustment ........................................ 135
4-501.12 Cutting Surfaces ....................................................................... 135
4-501.13 Microwave Ovens ..................................................................... 135
4-501.14 Warewashing Equipment, Cleaning Frequency ......................... 135
4-501.15 Warewashing Machines, Manufacturers’ Operating Instructions
................................................................................................. 136
4-501.16 Warewashing Sinks, Use Limitation .......................................... 136
4-501.17 Warewashing Equipment, Cleaning Agents .............................. 136
4-501.18 Warewashing Equipment, Clean Solutions ............................... 137
4-501.19 Manual Warewashing Equipment, Wash Solution Temperature 137
4-501.110 Mechanical Warewashing Equipment, Wash Solution
Temperature ............................................................................. 137
4-501.111 Manual Warewashing Equipment, Hot Water Sanitization
Temperatures ........................................................................... 137
4-501.112 Mechanical Warewashing Equipment, Hot Water Sanitization
Temperatures ........................................................................... 138
4-501.113 Mechanical Warewashing Equipment, Sanitization Pressure .... 138
4-501.114 Manual and Mechanical Warewashing Equipment, Chemical
Sanitization – temperature, pH, Concentration and Hardness ... 138
4-501.115 Manual Warewashing Equipment, Chemical Sanitization Using
Detergent-Sanitizers ................................................................. 140
4-501.116 Warewashing Equipment, Determining Chemical Sanitizer
Concentration ........................................................................... 140
4-502.11 Good Repair and Calibration ..................................................... 140
4-502.12 Single-Service and Single-Use Articles, Required Use ............. 141
4-502.13 Single-Service and Single-Use Articles, Use Limitations ........... 141
4-502.14 Shells, Use Limitation ............................................................... 141
4-6 CLEANING OF EQUIPMENT AND UTENSILS ................................................ 142
4-601.11 Equipment, Food-Contact Surfaces, Nonfood-Contact Surfaces,
and Utensils .............................................................................. 142
4-602.11 Equipment Food-Contact Surfaces and Utensils ....................... 142
4-602.12 Cooking and Baking Equipment ................................................ 145
4-602.13 Nonfood-Contact Surfaces ........................................................ 145
4-603.11 Dry Cleaning ............................................................................. 145
4-603.12 Pre-cleaning ............................................................................. 146
4-603.13 Loading of Soiled Items, Warewashing Machines ..................... 146
4-603.14 Wet Cleaning ............................................................................ 146
4-603.15 Washing, Procedures for Alternatives Manual Warewashing
Equipment ................................................................................ 147
4-603.16 Rinsing Procedures................................................................... 147
4-7 SANITIZATION OF EQUIPMENT AND UTENSILS .......................................... 148
4-701.10 Food-Contact Surfaces and Utensils ......................................... 148
4-702.11 Before Use After Cleaning ........................................................ 148
4-703.11 Hot Water and Chemical ........................................................... 148
4-8 LAUNDERING ................................................................................................. 150
4-801.11 Clean Linens ............................................................................. 150
4-802.11 Specifications............................................................................ 150
Contents x
4-803.11 Storage of Soiled Linens ........................................................... 150
4-803.12 Mechanical Washing ................................................................. 151
4-803.13 Use of Laundry Facilities ........................................................... 151
4-9 PROTECTION OF CLEAN ITEMS ................................................................... 151
4-901.11 Equipment and Utensils, Air-Drying Required ........................... 151
4-901.12 Wiping Cloths, Air-Drying Locations .......................................... 152
4-902.11 Food-Contact Surfaces ............................................................. 152
4-902.12 Equipment ................................................................................ 152
4-903.11 Equipment, Utensils, Linens, and Single-Service and Single-Use
Articles ...................................................................................... 152
4-903.12 Prohibitions ............................................................................... 153
4-904.11 Kitchenware and Tableware ...................................................... 154
4-904.12 Soiled and Clean Tableware ..................................................... 154
4-904.13 Preset Tableware ...................................................................... 154
4-904.14 Rinsing Equipment and Utensils after Cleaning and Sanitizing . 155
5-1 WATER ............................................................................................................ 156
5-101.11 Approved System ..................................................................... 156
5-101.12 System Flushing and Disinfection ............................................. 156
5-101.13 Bottled Drinking Water .............................................................. 157
5-102.11 Standards ................................................................................. 157
5-102.12 Nondrinking Water .................................................................... 157
5-102.13 Sampling ................................................................................... 157
5-102.14 Sample Report .......................................................................... 157
5-103.11 Capacity .................................................................................... 158
5-103.12 Pressure ................................................................................... 158
81-2,272.31 Water Supply .................................................. 158
5-104.12 Alternative Water Supply .......................................................... 158
5-2 PLUMBING SYSTEM ...................................................................................... 159
5-201.11 Approved .................................................................................. 159
5-202.11 Approved System and Cleanable Fixtures ................................ 159
5-202.12 Handwashing Sink, Installation ................................................. 160
5-202.13 Backflow Prevention, Air Gap ................................................... 160
5-202.14 Backflow Prevention Device, Design Standard ......................... 160
5-202.15 Conditioning Device, Design ..................................................... 160
5-203.11 Handwashing Sinks .................................................................. 160
5-203.12 Toilets and Urinals .................................................................... 161
5-203.13 Service Sink .............................................................................. 161
5-203.14 Backflow Prevention Device, When Required ........................... 161
5-203.15 Backflow Prevention Device, Carbonator .................................. 162
5-204.11 Handwashing Sinks .................................................................. 162
5-204.12 Backflow Prevention Device, Location ...................................... 162
5-204.13 Conditioning Device, Location ................................................... 162
5-205.11 Using a Handwashing Sink ....................................................... 162
Chapter 5 Water, Plumbing, and Waste
Contents xi
5-205.12 Prohibiting a Cross Connection ................................................. 163
5-205.13 Scheduling Inspection and Service for a Water System Device 163
5-205.14 Water Reservoir of Fogging Devices, Cleaning ......................... 163
5-205.15 System Maintained in Good Repair ........................................... 164
5-3 MOBILE WATER TANK AND MOBILE FOOD ESTABLISHMENT WATER TANK
........................................................................................................................ 164
5-301.11 Approved .................................................................................. 164
5-302.11 Enclosed System, Sloped to Drain ............................................ 165
5-302.12 Inspection and Cleaning Port, Protected and Secured .............. 165
5-302.13 “V” Type Threads, Use Limitation .............................................. 165
5-302.14 Tank Vent, Protected ................................................................ 165
5-302.15 Inlet and Outlet, Sloped to Drain ............................................... 166
5-302.16 Hose, Construction and Identification ........................................ 166
5-303.11 Filter, Compressed Air .............................................................. 166
5-303.12 Protective Cover or Device ....................................................... 166
5-303.13 Mobile Food Establishment Tank Inlet ...................................... 166
5-304.11 System Flushing and Sanitization ............................................. 167
5-304.12 Using a Pump and Hoses, Backflow Prevention ....................... 167
5-304.13 Protecting Inlet, Outlet, and Hose Fitting ................................... 167
5-304.14 Tank, Pump, and Hoses, Dedication ......................................... 167
5-4 SEWAGE, OTHER LIQUID WASTE, AND RAINWATER ................................. 168
5-401.11 Capacity and Drainage ............................................................. 168
5-402.10 Establishment Drainage System ............................................... 168
5-402.11 Backflow Prevention ................................................................. 168
5-402.12 Grease Trap ............................................................................. 169
5-402.13 Conveying Sewage ................................................................... 169
5-402.14 Removing Mobile Food Establishments Wastes ....................... 169
5-402.15 Flushing a Waste Retention Tank ............................................. 169
5-403.11 Approved Sewage Disposal System ......................................... 169
5-403.12 Other Liquid Wastes and Rainwater .......................................... 170
5-5 REFUSE, RECYCLABLES, AND RETURNABLES .......................................... 170
5-501.10 Indoor Storage Area.................................................................. 170
5-501.11 Outdoor Storage Surface .......................................................... 170
5-501.12 Outdoor Enclosure .................................................................... 171
5-501.113 Receptacles .............................................................................. 171
5-501.14 Receptacles in Vending Machines ............................................ 171
5-501.15 Outside Receptacles ................................................................. 171
5-501.16 Storage Areas, Rooms, and Receptacles, Capacity and
Availability ................................................................................. 171
5-501.17 Toilet Room Receptacle, Covered ............................................ 172
5-501.18 Cleaning Implements and Supplies ........................................... 172
5-501.19 Storage Areas, Redeeming Machines, Receptacles and Waste
Handling Units, Location ........................................................... 172
5-501.110 Storage Refuse, Recyclables, and Returnables ........................ 173
5-501.111 Areas, Enclosures, and Receptacles, Good Repair................... 173
5-501.112 Outside Storage Prohibitions .................................................... 173
5-501.113 Covering Receptacles ............................................................... 173
5-501.114 Using Drain Plugs ..................................................................... 174
Contents xii
5-501.115 Maintaining Refuse Areas and Enclosures ................................ 174
5-501.116 Cleaning Receptacles ............................................................... 174
5-502.11 Frequency ................................................................................. 174
5-502.12 Receptacles or Vehicles ........................................................... 174
5-503.11 Community or Individual Facility................................................ 175
6-1 MATERIALS FOR CONSTRUCTION AND REPAIR ........................................ 176
6-101.11 Surface Characteristics ............................................................. 176
6-102.11 Outdoor Areas: surface characteristics ..................................... 177
6-2 DESIGN, CONSTRUCTION, AND INSTALLATION ......................................... 177
6-201.11 Floors, Walls, and Ceilings ........................................................ 177
6-201.12 Floors, Walls, and Ceilings, Utility Lines .................................... 178
6-201.13 Floor and Wall Junctures, Coved, and Enclosed or Sealed ....... 178
6-201.14 Floor Carpeting, Restrictions and Installation ............................ 178
6-201.15 Floor Coverings, Mats, and Duckboards ................................... 179
6-201.16 Wall and Ceiling Coverings and Coatings ................................. 179
6-201.17 Walls and Ceilings, Attachments ............................................... 179
6-201.18 Walls and Ceilings, Studs, Joists, and Rafters .......................... 179
6-202.11 Light Bulbs, Protective Shielding ............................................... 179
6-202.12 Heating, Ventilating, Air Conditioning System Vents ................. 180
6-202.13 Insect Control Devices, Design, and Installation ....................... 180
6-202.14 Toilet Rooms, Enclosed ............................................................ 180
6-202.15 Outer Openings, Protected ....................................................... 181
6-202.16 Exterior Walls and Roofs, Protective Barrier ............................. 182
6-202.17 Outdoor Food Vending Areas, Overhead Protection ................. 182
6-202.18 Outdoor Servicing Areas, Overhead Protection ......................... 182
6-202.19 Outdoor Walking and Driving Surfaces, Graded to Drain .......... 182
6-202.110 Outdoor Refuse Areas, Curbed and Graded to Drain ................ 182
6-202.111 Private Homes and Living or Sleeping Quarters, Use Prohibition
................................................................................................. 183
6-202.112 Living or Sleeping Quarters, Separation.................................... 183
6-3 NUMBERS AND CAPACITIES ........................................................................ 183
6-301.10 Minimum Number ..................................................................... 183
6-301.11 Handwashing Cleanser, Availability .......................................... 183
6-301.12 Hand Drying Provision .............................................................. 184
6-301.13 Handwashing Aids and Devices, Use Restrictions .................... 184
6-301.14 Handwashing Signage .............................................................. 184
6-301.2 Disposable Towels, Waste Receptacle ..................................... 184
6-302.10 Toilets and Urinals: Minimum Number ...................................... 184
6-302.11 Toilet Tissue, Availability ........................................................... 185
6-303.11 Intensity .................................................................................... 185
6-304.11 Ventilation: Mechanical ............................................................. 185
6-305.11 Dressing Areas and Lockers: Designation ................................ 186
6-306.1 Service Sinks: Availability ......................................................... 186
Chapter 6 Physical Facilities
Contents xiii
6-4 LOCATION AND PLACEMENT ....................................................................... 186
6-401.10 Conveniently Located ............................................................... 186
6-402.11 Toilet Rooms............................................................................. 186
6-403.11 Employee Accommodations: Designated Areas ........................ 187
6-404.11 Segregation and Location ......................................................... 187
6-405.10 Receptacles, Waste Handling Units, and Designated Storage
Areas ........................................................................................ 187
6-5 MAINTENANCE AND OPERATION................................................................. 188
6-501.11 Premises, Structures, Attachments, and Fixtures – Methods:
Repairing .................................................................................. 188
6-501.12 Cleaning, Frequency and Restrictions....................................... 188
6-501.13 Cleaning Floors, Dustless Methods ........................................... 188
6-501.14 Cleaning Ventilation Systems, Nuisance and Discharge
Prohibition ................................................................................. 189
6-501.15 Cleaning Maintenance Tools, Preventing Contamination .......... 189
6-501.16 Drying Mops ............................................................................. 189
6-501.17 Absorbent Materials on Floors, Use Limitation .......................... 189
6-501.18 Cleaning of Plumbing Fixtures .................................................. 189
6-501.19 Closing Toilet Room Doors ....................................................... 189
6-501.110 Using Dressing Rooms and Lockers ......................................... 190
6-501.111 Controlling Pests ....................................................................... 190
6-501.112 Removing Dead or Trapped Birds, Insects, Rodents, and Other
Pests ........................................................................................ 190
6-501.113 Storing Maintenance Tools ....................................................... 190
6-501.114 Maintaining Premises, Unnecessary Items and Litter ................ 191
6-501.115 Prohibiting Animals ................................................................... 191
7-1 LABELING AND IDENTIFICATION .................................................................. 193
7-101.11 Identifying Information, Prominence .......................................... 193
7-102.11 Working Containers: Common Name ........................................ 193
7-2 OPERATIONAL SUPPLIES AND APPLICATIONS .......................................... 194
7-201.11 Separation ................................................................................ 194
7-202.11 Presence and Use: Restrictions ................................................ 194
7-202.12 Conditions of Use ..................................................................... 195
7-203.11 Poisonous or Toxic Material Containers .................................... 196
7-204.11 Chemicals: Sanitizers, Criteria .................................................. 196
7-204.12 Chemicals for Washing, Treatment, Storage and Processing Fruits
and Vegetables, Criteria ........................................................... 196
7-204.13 Boiler Water Additives, Criteria ................................................. 197
7-204.14 Drying Agents, Criteria .............................................................. 197
7-205.11 Lubricants: Incidental Food Contact, Criteria ............................ 198
7-206.11 Restricted Use Pesticides, Criteria ............................................ 198
7-206.12 Rodent Bait Stations ................................................................. 198
7-206.13 Tracking Powders, Pest Control and Monitoring ....................... 199
Chapter 7 Poisonous or Toxic Materials
Contents xiv
7-207.11 Medicines: Restrictions and Storage ......................................... 199
7-207.12 Refrigerated Medicines, Storage ............................................... 199
7-208.11 First Aid Supplies: Storage ........................................................ 200
7-209.11 Other Personal Care Items: Storage ......................................... 200
7-3 STOCK AND RETAIL SALE ............................................................................ 200
7-301.11 Storage and Display: Separation............................................... 200
8-1 CODE APPLICABILITY.................................................................................... 201
8-103.10 Modifications and Waivers ........................................................ 201
8-103.11 Documentation of Proposed Variance and Justification ............ 201
8-103.12 Conformance with Approved Procedures .................................. 202
8-2 PLAN SUBMISSION AND APPROVAL ............................................................ 203
81-2,267 When Plans Are Required ............................... 203
81-2,268 Food Processing Plant or Salvage Operation
Facilities and Equipment, Design and Fabrication
Requirements ................................................. 203
8-201.13 When a HACCP Plan is Required ............................................. 204
8-201.14 Contents of a HACCP Plan ....................................................... 204
8-202.10 Trade Secrets ........................................................................... 205
8-3 PERMIT TO OPERATE ................................................................................... 207
8-301.11.1 Prerequisite for Operation ......................................................... 207
81-2,270 Food Establishment, Food Processing Plant, or
Salvage Operation; Permits; Application;
Contents; Fees; Late Fee; Exemptions ........... 207
81-2,271 Permit; Posting; Food Delivery Service; Location;
Change of Ownership or Location; Duties;
Movement Authorized; Mobile Food Unit or
Pushcart; Copy of Permit ................................ 209
81-2,272 Food Establishment, Food Processing Plant, or
Salvage Operation; Inspection; Denial of Permit;
Hearing ........................................................... 209
81-2,273 Permit holder; Duties; Disciplinary Action; Effect;
Hearing; Reinstatement of Permit ................... 210
81-2,274 Notice or Order; Service; Contents; Hearings;
Procedure ....................................................... 211
81-2,275 Food Establishment, Food Processing Plant, or
Salvage Operation Unlawful Operation ........... 212
81-2,276 Food Establishment, Food Processing Plant, or
Salvage Operation Regulation ........................ 212
81-2,277 Food Processing Plants and Salvage Operations;
Compliance Required ..................................... 212
Chapter 8 Compliance and Enforcement
Contents xv
81-2,289 Restraining Orders and Injunctions; Department;
County Attorney; Duties .................................. 212
81-2,290 Violations; Penalty, County Attorney; Duties ... 213
8-4 INSPECTION AND CORRECTION OF VIOLATIONS ...................................... 214
8-401.10 Establishing Inspection Interval ................................................. 214
81-2,288.02 Regulatory Authority; Inspection Intervals ....... 214
8-401.20 Performance – and Risk-Based ................................................ 215
8-402.10 Competency of Inspectors ........................................................ 215
8-402.11 Allowed at Reasonable Times after Due Notice ........................ 216
81-2,281 Department; Enforce Act; Powers; Contract for
Conduct of Certain Regulatory Functions;
Exemption from Inspection Fee; Inspections; How
Conducted; by Whom ..................................... 216
81-2,288.01 Regulatory authority; inspection reporting
requirements ................................................... 217
8-403.30 Issuing Report and Obtaining Acknowledgement of Receipt ..... 218
8-403.40 Refusal to Sign Acknowledgement ............................................ 218
8-403.50 Public Information ..................................................................... 218
81-2,273 Permit holder; Duties; Disciplinary Action; Effect;
Hearing; Reinstatement of Permit ................... 218
8-405.11 Timely Correction ...................................................................... 220
8-405.20 Verification and Documentation of Correction…………………...220
8-406.11 Time Frame for Correction ........................................................ 220
8-5 PREVENTION OF FOODBORNE DISEASE TRANSMISSION BY EMPLOYEES
........................................................................................................................ 222
8-501.10 Obtaining Information: Personal History of Illness, Medical
Examination, and Specimen Analysis ....................................... 222
8-501.20 Restriction or Exclusion of Food Employee, or Summary
Suspension of Permit ................................................................ 222
8-501.30 Restriction or Exclusion Order: Warning or Hearing Not Required,
Information Required in Order ................................................... 223
8-501.40 Removal of Exclusions and Restrictions ................................... 223
1
Parts
1-1
TITLE, INTENT, SCOPE
1-2
DEFINITIONS
Title
1-101.10 Food Code.
These provisions shall be known as the Food Code, hereinafter
referred to as "this Code."
Intent
1-102.10 Food Safety, Illness Prevention, and Honest
Presentation.
The purpose of this Code is to safeguard public health and provide
to CONSUMERS FOOD that is safe, unADULTERATED, and honestly
presented.
Scope
1-103.10 Statement.
This Code establishes definitions; sets standards for management
and personnel, FOOD operations, and EQUIPMENT and facilities; and
provides for FOOD ESTABLISHMENT plan review, PERMIT issuance,
inspection, EMPLOYEE RESTRICTION, and PERMIT suspension.
Chapter
1
Purpose and Definitions
1-1
TITLE, INTENT, SCOPE
Subparts
1-101
1-102
1-103
Title
Intent
Scope
2
Applicability and Terms Defined
1-201.10 Statement of Application and Listing of Terms.
(A)
The following definitions shall apply in the interpretation and application
of this Code.
(B)
Terms Defined. As used in this Code, each of the terms listed in ¶ 1-201.10(B)
shall have the meaning stated below.
Accredited Program.
(1)
"Accredited program" means a food protection manager
certification program that has been evaluated and listed by an
accrediting agency as conforming to national standards for
organizations that certify individuals.
(2)
"Accredited program" refers to the certification process and is
a designation based upon an independent evaluation of factors
such as the sponsor's mission; organizational structure; staff
resources; revenue sources; policies; public information regarding
program scope, eligibility requirements, re-certification, discipline
and grievance procedures; and test development and
administration.
(3)
"Accredited program" does not refer to training
functions or educational programs.
Additive.
(1)
"Food additive" has the meaning stated in the Federal Food,
Drug, and Cosmetic Act, § 201(s) and 21 CFR 170.3(e)(1).
(2)
"Color additive" has the meaning stated in the Federal Food,
Drug, and Cosmetic Act, § 201(t) and 21 CFR 70.3(f).
81-2,282 "Adulterated". “Adulteration of food; prohibited;
adulterated."
1-2
DEFINITIONS
Subpart
1-201
Applicability and Terms Defined
3
(1) It shall be unlawful for any person to adulterate any food or for any
person to manufacture, distribute, offer for sale, or sell any adulterated
food.
(2) Food shall be deemed to be adulterated if:
(a) It bears or contains any substance which may render it injurious to
health, considering the quantity of such substance in or on the food;
(b) It consists in whole or in part of any diseased, contaminated, filthy,
putrid, or decomposed substance or is otherwise unsafe for use as
food;
(c) It has been manufactured, processed, packaged, stored, or held under
insanitary conditions where it may have become unsafe for use as
food;
(d) It is the product of a diseased animal or one that has died by any
means other than slaughter;
(e) Its container is so constructed as to render the food unsafe or
otherwise injurious to health; or
(f) Any valuable constituent of the food has been wholly or partially omitted
or abstracted
81-2,241. “Advertising” shall mean all representations disseminated in any manner,
other than labeling, intended or likely to induce the purchase or use of food, including a
menu.
"Approved" means acceptable to the REGULATORY AUTHORITY based on a
determination of conformity with principles, practices, and generally
recognized standards that protect public health.
Asymptomatic.
(1)
"Asymptomatic" means without obvious symptoms; not showing or
producing indications of a disease or other medical condition, such as an
individual infected with a pathogen but not exhibiting or producing any
signs or symptoms of vomiting, diarrhea, or jaundice.
(2)
"Asymptomatic" includes not showing symptoms because symptoms
have resolved or subsided, or because symptoms never manifested.
"a
w
" means water activity which is a measure of the free moisture in a FOOD,
4
is the
quotient of the water vapor pressure of the substance divided by the
vapor pressure
of pure water at the same temperature, and is indicated by the
symbol A
W
.
"Balut" means an embryo inside a fertile EGG that has been incubated for a
period sufficient for the embryo to reach a specific stage of development after
which it is removed from incubation before hatching.
81-2,242. “Bed and breakfast establishment” shall mean any place of lodging that
provides rented rooms to ten or fewer people, that is the personal residence of the owner,
that is occupied by the owner at the time of rental, and in which the only meal served to
renters is breakfast.
"Beverage" means a liquid for drinking, including water.
"Bottled drinking water" means water that is SEALED in bottles, packages, or
other containers and offered for sale for human consumption, including bottled
mineral water.
"Casing" means a tubular container for sausage products made of either
natural or artificial (synthetic) material.
81-2,242.01. “Caterer” shall mean a person in the business of providing food to a
customer for parties, banquets, or other similar functions at a location owned, rented, or
otherwise controlled by the customer.
"Certification number" means a unique combination of letters and numbers
assigned by a SHELLFISH CONTROL AUTHORITY to a MOLLUSCAN SHELLFISH
DEALER
according to the provisions of the National Shellfish Sanitation Program.
"CFR" means CODE OF FEDERAL REGULATIONS. Citations in this Code to the
CFR refer sequentially to the Title, Part, and Section numbers, such as 40
CFR 180.194 refers to Title 40, Part 180, Section 194.
CIP.
(1)
"CIP" means cleaned in place by the circulation or flowing by
mechanical means through a piping system of a detergent solution, water
rinse, and SANITIZING solution onto or over EQUIPMENT surfaces that
require cleaning, such as the method used, in part, to clean and SANITIZE
a frozen dessert machine.
(2)
"CIP" does not include the cleaning of EQUIPMENT such as band
saws, slicers, or mixers that are subjected to in-place manual cleaning
without the use of a CIP system.
5
81-2,242.04 “Commercial food establishment” means an operation with a
permanent sales location and such location has more than one hundred cubic feet of
area containing food.
"Commingle" means:
(1)
To combine SHELLSTOCK harvested on different days or from
different growing areas as identified on the tag or label, or
(2)
To combine SHUCKED SHELLFISH from containers with different
container codes or different shucking dates.
Comminuted.
(1)
"Comminuted" means reduced in size by methods including
chopping, flaking, grinding, or mincing.
(2)
"Comminuted" includes FISH or MEAT products that are reduced in
size and restructured or reformulated such as gefilte FISH, gyros, ground
beef, and sausage; and a mixture of 2 or more types of MEAT that have
been reduced in size and combined, such as sausages made from 2 or
more MEATS.
81-2,242.02. “Commissary” shall mean a food establishment where food, food
containers, or food supplies are kept, handled, prepared, packaged, or stored for use in
mobile food units, pushcarts, or vending machines.
"Conditional employee" means a potential FOOD EMPLOYEE to whom a job
offer is made, conditional on responses to subsequent medical questions or
examinations designed to identify potential FOOD EMPLOYEES who may be
suffering from a disease that can be transmitted through FOOD and done in
compliance with Title 1 of the Americans with Disabilities Act of 1990.
"Confirmed disease outbreak" means a FOODBORNE DISEASE OUTBREAK in
which laboratory analysis of appropriate specimens identifies a causative
agent and epidemiological analysis implicates the FOOD as the source of the
illness.
"Consumer" means a PERSON who is a member of the public, takes
possession of FOOD, is not functioning in the capacity of an operator of a
FOOD ESTABLISHMENT or FOOD PROCESSING PLANT, and does not offer the FOOD
for resale.
81-2,242.03. “Convenience store” shall mean a food establishment or section of an
establishment where the food offered to the consumer is intended for off-premise
consumption and there are no meat processing or produce processing areas.
6
Core Item.
(1)
"Core item" means a provision in this Code that is not designated as a
PRIORITY ITEM or a PRIORITY FOUNDATION ITEM.
(2)
"Core item" includes an item that usually relates to general sanitation,
operational controls, sanitation standard operating procedures (SSOPs),
facilities or structures, equipment design, or general maintenance.
"Corrosion-resistant material" means a material that maintains acceptable
surface cleanability characteristics under prolonged influence of the FOOD to
be contacted, the normal use of cleaning compounds and SANITIZING
solutions, and other conditions of the use environment.
"Counter-mounted equipment" means EQUIPMENT that is not portable and is
designed to be mounted off the floor on a table, counter, or shelf.
"Critical control point" means a point or procedure in a specific FOOD
system where loss of control may result in an unacceptable health RISK.
"Critical limit" means the maximum or minimum value to which a physical,
biological, or chemical parameter must be controlled at a CRITICAL CONTROL
POINT
to minimize the RISK that the identified FOOD safety HAZARD may occur.
81-2,259.“Current Good Manufacturing Practice In Manufacturing, Packing, or
Holding Human Food;” The Legislature hereby adopts by reference the Current Good
Manufacturing Practice In Manufacturing, Packing, or Holding Human Food found in 21
C.F.R. part 110 as it existed on April 1, 2015.
“Cut leafy greens” means fresh leafy greens whose leaves have been cut,
shredded, sliced, chopped, or torn. The term “leafy greens” includes iceberg
lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e.,
immature lettuce or leafy greens), escarole, endive, spring mix, spinach,
cabbage, kale, arugula and chard. The term “leafy greens” does not include
herbs such as cilantro or parsley.
"Dealer" means a PERSON who is authorized by a SHELLFISH CONTROL
AUTHORITY
for the activities of SHELLSTOCK shipper, shucker-packer, repacker,
reshipper, or depuration processor of MOLLUSCAN SHELLFISH according to the
provisions of the National Shellfish Sanitation Program.
81-2,284 “Deceptive packaging of food.”
(1) It shall be unlawful for any person to deceptively pack or package any food or for any
person to distribute, offer for sale, or sell any food that has been deceptively packed or
packaged.
7
(2) A food shall be deemed to be deceptively packed or packaged if:
(a) Any substance has been added to, mixed with, or packed with the food so as to
increase its bulk or weight, reduce its quality or strength, or make it appear to be better or
of greater value than it actually is; or
(b) Any inferiority or damage to the food has been concealed in any manner.
81-2,243.“ Department” Department shall mean the Department of Agriculture.
81-2,244.“Director” Director shall mean the Director of Agriculture or his or her
designated employee, representative, or authorized agent.
"Disclosure" means a written statement that clearly identifies the animal-
derived FOODS which are, or can be ordered, raw, undercooked, or without
otherwise being processed to eliminate pathogens, or items that contain an
ingredient that is raw, undercooked, or without otherwise being processed to
eliminate pathogens.
Drinking Water.
(1)
"Drinking water" means water that meets criteria as specified in
40 CFR 141 National Primary Drinking Water Regulations.
(2)
"Drinking water" is traditionally known as "potable water."
(3)
"Drinking water" includes the term "water" except where the term
used connotes that the water is not potable, such as "boiler water,"
"mop water," "rainwater," "wastewater," and "nondrinking" water.
"Dry storage area" means a room or area designated for the storage of
PACKAGED or containerized bulk FOOD that is not TIME/TEMPERATURE CONTROL
FOR SAFETY FOOD
and dry goods such as SINGLE-SERVICE items.
Easily Cleanable.
(1)
"Easily cleanable" means a characteristic of a surface that:
(a)
Allows effective removal of soil by normal cleaning methods;
(b)
Is dependent on the material, design, construction, and installation
of the surface; and
(c)
Varies with the likelihood of the surface's role in introducing
pathogenic or toxigenic agents or other contaminants into FOOD based
on the surface's APPROVED placement, purpose, and use.
8
(2)
"Easily cleanable" includes a tiered application of the criteria that
qualify the surface as EASILY CLEANABLE as specified in Subparagraph
(1) of this definition to different situations in which varying degrees of
cleanability are required such as:
(a)
The appropriateness of stainless steel for a FOOD preparation
surface as opposed to the lack of need for stainless steel to be used
for floors or for tables used for CONSUMER dining; or
(b)
The need for a different degree of cleanability for a utilitarian
attachment or accessory in the kitchen as opposed to a decorative
attachment or accessory in the CONSUMER dining area.
"Easily movable" means:
(1)
Portable; mounted on casters, gliders, or rollers; or provided with a
mechanical means to safely tilt a unit of EQUIPMENT for cleaning; and
(2)
Having no utility connection, a utility connection that disconnects
quickly, or a flexible utility connection line of sufficient length to allow the
EQUIPMENT to be moved for cleaning of the EQUIPMENT and adjacent area.
Egg.
(1)
"Egg" means the shell EGG of avian species such as chicken, duck,
goose, guinea, quail, RATITES or turkey.
(2)
"Egg" does not include:
(a)
A BALUT;
(b)
The egg of reptile species such as alligator; or
(c)
An EGG PRODUCT.
Egg Product.
(1)
"Egg Product" means all, or a portion of, the contents found inside
EGGS separated from the shell and pasteurized in a FOOD PROCESSING
PLANT
, with or without added ingredients, intended for human
consumption, such as dried, frozen or liquid eggs.
(2)
"Egg Product" does not include FOOD which contains EGGS
only in a relatively small proportion such as cake mixes.
"Employee" means the PERMIT HOLDER, PERSON IN CHARGE, FOOD EMPLOYEE, PERSON
9
having supervisory or management duties, PERSON on the payroll, family
member, volunteer, PERSON performing work under contractual agreement, or
other PERSON working in a FOOD ESTABLISHMENT.
"EPA" means the U.S. Environmental Protection Agency.
Equipment.
(1)
"Equipment" means an article that is used in the operation of a
FOOD ESTABLISHMENT such as a freezer, grinder, hood, ice maker, MEAT
block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table,
TEMPERATURE MEASURING DEVICE for ambient air, VENDING MACHINE, or
WAREWASHING machine.
(2)
"Equipment" does not include apparatuses used for handling or
storing large quantities of PACKAGED FOODS that are received from a supplier
in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets,
racks, and skids."Exclude" means to prevent a PERSON from working as an
EMPLOYEE in a FOOD ESTABLISHMENT or entering a FOOD ESTABLISHMENT as an
EMPLOYEE.
81-2,285 “False advertisement regarding food.”
(1) It shall be unlawful for any person engaged in the sale, merchandising, or
distribution of food to cause, with intent to deceive, the dissemination of a false
advertisement regarding a food.
(2) An advertisement of a food shall be deemed to be false if it is false or misleading in
any manner, including the following:
(a) The advertising of food as that of another;
(b) The advertising of food in a manner causing the likelihood of confusion or of
misunderstanding as to the source, sponsorship, approval, or certification of such food;
(c) The advertising of food in a manner causing the likelihood of confusion or
misunderstanding as to affiliation, connection, or association with or certification by
another;
(d) The advertisement of food by use of deceptive representations or deceptive
designation of geographic origin in connection with such food;
(e) The advertisement of food by way of representations that the food has sponsorship,
approval, characteristics, ingredients, benefits, uses, or qualities that it does not have
or that a person or company has a sponsorship, approval status, affiliation, or
connection that he, she, or it does not have;
(f) The advertisement of food by way of a representation that the food is of a particular
10
standard, quality, or grade when it is not;
(g) The advertisement of food by disparaging the food of another by false or misleading
representations of fact;
(h) The advertisement of food with an intent not to sell it as advertised or an intent to
sell an alternative food in substitution for the advertised food;
(i) The advertisement of food with the intent not to supply a reasonably expectable
public demand unless the advertisement imposes a limitation of quantity; or
(j) The advertisement of food by making false or misleading statements of fact
concerning the reasons for, existence of, or amounts of price reductions.
"FDA" means the U.S. Food and Drug Administration.
Fish.
(1)
"Fish" means fresh or saltwater finfish, crustaceans and other
forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea
cucumber, and sea urchin and the roe of such animals) other than birds
or mammals, and all mollusks, if such animal life is intended for human
consumption.
(2)
"Fish" includes an edible human FOOD product derived in whole or
in part from FISH, including FISH that have been processed in any
manner.
"Food" means a raw, cooked, or processed edible substance, ice,
BEVERAGE, or ingredient used or intended for use or for sale in whole or in
part for human consumption, or chewing gum.
"Foodborne disease outbreak" means the occurrence of two or more
cases of a similar illness resulting from the ingestion of a common FOOD.
81-2,244.01. “Food Code” shall mean the 2017 Recommendations of the United States
Public Health Service, Food and Drug Administration, except the definitions of adulterated
food and food establishment, person in charge, regulatory authority, and sections 2-
102.12, 2-102.20(B), 2-103.11(I) and (M), 3-301.11(B), (C), (D), and (E), 3-501.16, 4-
301.12(C)(5), (D), and (E), 4-603.16(C), 4-802.11(C), 5-104.11, 8-101, 8-102, 8-201.11,
8-201.12, 8-202.10 through 8-304.20, 8-401.10(B)(2), 8-402.20 through 8-403.20, 8-
403.50 through 8-404.12, and 8-405.20(B). The term Food Code does not include the
annexes of such federal recommendations.
"Food-contact surface" means:
(1)
A surface of EQUIPMENT or a UTENSIL with which FOOD normally
11
comes into contact; or
(2)
A surface of EQUIPMENT or a UTENSIL from which FOOD may drain,
drip, or splash:
(a)
Into a FOOD, or
(b)
Onto a surface normally in contact with FOOD.
"Food employee" means an individual working with unPACKAGED FOOD,
FOOD EQUIPMENT or UTENSILS, or FOOD-CONTACT SURFACES.
81-2,245.01. “Food establishment” shall mean an operation that stores,
prepares, packages, serves, sells, vends, delivers, or otherwise provides food for
human consumption. The term does not include:
(1) An establishment or vending machine operation that offers only prepackaged
soft drinks, carbonated or noncarbonated; canned or bottled fruit and vegetable
juices; prepackaged ice; candy; chewing gum; potato or corn chips; pretzels; cheese
puffs and curls; crackers; popped popcorn; nuts and edible seeds; and cookies,
cakes, pies, and other pastries, that are not time/temperature control for safety
foods;
(2) A produce stand that only offers whole, uncut fresh fruits and vegetables;
(3) A food processing plant;
(4) A salvage operation;
(5) A private home where food is prepared or served for personal use, a small
day care in the home, or a hunting lodge, guest ranch, or other operation where no
more than ten paying guests eat meals in the home;
(6) A private home or other area where food that is not time/temperature control
for safety food is prepared for sale or service at a religious, charitable, or fraternal
organization's bake sale or similar function;
(7) A private home or other area where food that is not time/temperature control
for safety food is prepared for sale directly to the consumer including, but not limited
to, at a farmers market, fair, festival, craft show, or other public event or for pick up
at or delivery from such private home or other area, if:
(a) The consumer is informed by a clearly visible notification that the food was
prepared in a kitchen that is not subject to regulation and inspection by the
regulatory authority and may contain allergens. For sales conducted at a farmers
market, fair, festival, craft show, or other public event, such notification shall be at
the sale location. For sales conducted for pick up at or delivery from a private home
12
or other area, such notification shall be at such private home or other area, on the
producer's web site if one exists, and in any print, radio, television, or Internet
advertisement for such sales;
(b) The name and address of the producer is provided to the consumer on the
package or container label;
(c) Product delivery is made directly from the producer to the actual customer in
a person-to-person transaction or by United States mail or a commercial mail
delivery service;
(d) The producer follows any food safety and handling guidelines for sale at a
farmers market, fair, festival, craft show, or other public event required by the county,
city, or village where the food is sold;
(e) Prior to conducting any food sales, the producer, other than one selling
directly to the consumer at a farmers market, has successfully completed (i) a
nationally accredited food safety and handling education course that covers topics
such as food safety issues, regulations, and techniques to maintain a food-safe
environment or (ii) a certified food safety and handling training course offered at a
culinary school or as required by a county, city, or village to obtain a food handler
permit;
(f) The producer, if using private well water to produce food sold under this
subdivision (7), has had such well water tested for contamination by nitrates or
bacteria prior to conducting any food production and sales; and
(g) The producer complies with section 81-2,280;
(8) A private home or other area where food is prepared for distribution at a
fundraising event for a charitable purpose if the consumer is informed by a clearly
visible placard at the serving location that the food was prepared in a kitchen that is
not subject to regulation and inspection by the regulatory authority. This subdivision
does not apply to a caterer or other establishment providing food for the event if the
caterer or establishment receives compensation for providing the food;
(9) The location where food prepared by a caterer is served so long as the
caterer only minimally handles the food at the serving location;
(10) Educational institutions, health care facilities, nursing homes, and
governmental organizations which are inspected by a state agency or a political
subdivision other than the regulatory authority for sanitation in the food preparation
areas;
(11) A pharmacy as defined in section 71-425 if the pharmacy only sells
prepackaged pharmaceutical, medicinal, or health supplement foods that are not
13
time/temperature control for safety or foods described in subdivision (1) of this
section; and
(12) An establishment which is not a commercial food establishment and which
sells only commercially packaged foods that are not time/temperature control for
safety foods.
Food Processing Plant.
(1)
"Food processing plant" means a commercial operation that
manufactures, packages, labels, or stores FOOD for human
consumption, and provides FOOD for sale or distribution to other
business entities such as FOOD PROCESSING PLANTS or FOOD
ESTABLISHMENTS
.
(2)
"Food processing plant" does not include a FOOD ESTABLISHMENT.
Game Animal.
(1)
"Game animal" means an animal, the products of which are FOOD,
that is not classified as livestock, sheep, swine, goat, horse, mule, or
other equine in 9 CFR 301.2 Definitions, or as Poultry, or FISH.
(2)
"Game animal" includes mammals such as reindeer, elk, deer,
antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria,
or muskrat, and nonaquatic reptiles such as land snakes.
(3)
"Game animal" does not include RATITES.
"General use pesticide" means a pesticide that is not classified by EPA
for restricted use as specified in 40 CFR 152.175 Pesticides classified for
restricted use.
"Grade A standards" means the requirements of the United States Public
Health Service/FDA "Grade A Pasteurized Milk Ordinance" with which certain
fluid and dry milk and milk products comply.
"HACCP plan" means a written document that delineates the formal
procedures for following the HAZARD Analysis and CRITICAL CONTROL POINT
principles developed by The National Advisory Committee on Microbiological
Criteria for Foods.
Handwashing Sink.
(1)
"Handwashing sink" means a lavatory, a basin or vessel for
washing, a wash basin, or a PLUMBING FIXTURE especially placed for use in
14
personal hygiene and designed for the washing of the hands.
(2)
"Handwashing sink" includes an automatic handwashing facility.
"Hazard" means a biological, chemical, or physical property that may
cause an unacceptable CONSUMER health RISK.
"Health practitioner" means a physician licensed to practice medicine, or if
allowed by LAW, a nurse practitioner, physician assistant, or similar medical
professional.
"Hermetically sealed container" means a container that is designed and
intended to be secure against the entry of microorganisms and, in the case of
low acid canned FOODS, to maintain the commercial sterility of its contents
after processing.
"Highly susceptible population" means PERSONS who are more likely than
other people in the general population to experience foodborne disease
because they are:
(1)
Immunocompromised; preschool age children, or older adults; and
(2)
Obtaining FOOD at a facility that provides services such as custodial
care, health care, or assisted living, such as a child or adult day care
center, kidney dialysis center, hospital or nursing home, or nutritional or
socialization services such as a senior center.
"Imminent health hazard" means a significant threat or danger to health
that is considered to exist when there is evidence sufficient to show that a
product, practice, circumstance, or event creates a situation that requires
immediate correction or cessation of operation to prevent injury based on:
(1)
The number of potential injuries, and
(2)
The nature, severity, and duration of the anticipated injury.
"Injected" means manipulating
MEAT to which a solution has been introduced into its
interior by processes that are referred to as "injecting," “pump marinating,” or "stitch
pumping”.
“Intact Meat” means a cut of whole muscle(s) MEAT that has not undergone
COMMINUTION, INJECTION, MECHANICAL TENDERIZATION, or reconstruction.
81-2,248. "Itinerant Food Vendor" shall mean a person that sells prepackaged,
time/temperature control for safety food from an approved source at a nonpermanent
location such as a farmers market, craft show, or county fair.
15
Juice.
(1)
"Juice" means the aqueous liquid expressed or extracted from
one or more fruits or vegetables, purées of the edible portions of one
or more fruits or vegetables, or any concentrates of such liquid or
purée.
(2)
"Juice" does not include, for purposes of HACCP, liquids,
purées, or concentrates that are not used as BEVERAGES or
ingredients of BEVERAGES.
"Kitchenware" means FOOD preparation and storage UTENSILS.
"Law" means applicable local, state, and federal statutes,
regulations, and ordinances.
81-2,251.02. "Licensed beverage establishment" shall mean an establishment that
serves alcoholic beverages and may or may not provide limited food service.
81-2,251.03. "Limited food service establishment" shall mean an establishment that
serves or otherwise provides only snack items or commercially prepared and wrapped
foods that require little or no preparation.
81-2,251.01. "Limited food vending machine" shall mean a vending machine which
does not dispense time/temperature control for safety food.
"Linens" means fabric items such as cloth hampers, cloth napkins, table
cloths, wiping cloths, and work garments including cloth gloves.
Major Food Allergen.
(1)
"Major food allergen" means:
(a)
Milk, EGG, FISH (such as bass, flounder, cod, and including
crustacean shellfish such as crab, lobster, or shrimp), tree nuts
(such as almonds, pecans, or walnuts), wheat, peanuts, and
soybeans; or
(b)
A FOOD ingredient that contains protein derived from a
FOOD, as specified in Subparagraph (1)(a) of this definition.
(2)
"Major food allergen" does not include:
(a)
Any highly refined oil derived from a FOOD specified in
Subparagraph (1)(a) of this definition and any ingredient derived
from such highly refined oil; or
16
(b)
Any ingredient that is exempt under the petition or notification
process specified in the Food Allergen Labeling and Consumer
Protection Act of 2004 (Public Law 108-282).
"Meat" means the flesh of animals used as FOOD including the dressed flesh
of cattle, swine, sheep, or goats and other edible animals, except FISH,
POULTRY, and wild GAME ANIMALS as specified under Subparagraphs 3-
201.17(A)(3) and (4).
Mechanically Tenderized.
(1)
"Mechanically tenderized" means manipulating meat with deep
penetration by processes which may be referred to as “blade tenderizing,”
“jaccarding,” “pinning,” “needling,” or using blades, pins, needles or any
mechanical device.
(2)
"Mechanically tenderized" does not include processes by which
solutions are INJECTED into meat.
"mg/L" means milligrams per liter, which is the metric equivalent of parts per
million (ppm).
81-2,283. “Misbranded food; prohibited; misbranded, defined”
(1) It shall be unlawful for any person to misbrand any food or distribute, offer for sale, or
sell any misbranded food.
(2) A food shall be deemed to be misbranded if:
(a) It does not bear labeling clearly stating (i) the identity of the food in terms likely to be
easily and accurately understood by the consumer, (ii) the net quantity of contents of the
food in terms authorized under the Weights and Measures Act, and (iii) the name and
address of the manufacturer, distributor, or seller of the food; or
(b) Its labeling is false or misleading in any manner.
81-2,251.04. “Mobile food unit” shall mean a vehicle mounted food establishment
designed to be readily movable that returns to a commissary daily for cleanup and
service.
"Molluscan shellfish" means any edible species of fresh or frozen oysters,
clams, mussels, and scallops or edible portions thereof, except when the
scallop product consists only of the shucked adductor muscle.
Non-Continuous Cooking.
17
(1)
"Non-continuous cooking" means the cooking of FOOD in a FOOD
ESTABLISHMENT
using a process in which the initial heating of the FOOD is
intentionally halted so that it may be cooled and held for complete
cooking at a later time prior to sale or service.
(2)
"Non-continuous cooking" does not include cooking procedures
that only involve temporarily interrupting or slowing an otherwise
continuous cooking process.
Packaged.
(1)
"Packaged" means bottled, canned, cartoned, bagged, or wrapped, whether
PACKAGED in a FOOD ESTABLISHMENT or a FOOD PROCESSING PLANT.
(2)
"Packaged" does not include wrapped or placed in a carry-out
container to protect the FOOD during service or delivery to the CONSUMER,
by a FOOD EMPLOYEE, upon CONSUMER request.
"Permit" means the document issued by the REGULATORY AUTHORITY that
authorizes a PERSON to operate a FOOD ESTABLISHMENT.
"Permit holder" means the entity that:
(1)
Is legally responsible for the operation of the FOOD ESTABLISHMENT
such as the owner, the owner's agent, or other PERSON; and
(2)
Possesses a valid PERMIT to operate a FOOD ESTABLISHMENT.
"Person" means an association, a corporation, individual, partnership, other
legal entity, government, or governmental subdivision or agency.
81-2,251.05. “Person in charge” shall mean the individual who is responsible for the
operation of the food establishment and who is present at the establishment or is readily
accessible to communicate with employees and the regulatory authority.
Personal Care Items.
(1)
"Personal care items" means items or substances that may be
poisonous, toxic, or a source of contamination and are used to maintain or
enhance a PERSON'S health, hygiene, or appearance.
(2)
"Personal care items" include items such as medicines; first aid
supplies; and other items such as cosmetics, and toiletries such as
toothpaste and mouthwash.
"pH" means the symbol for the negative logarithm of the hydrogen ion
18
concentration, which is a measure of the degree of acidity or alkalinity of a
solution.
Values between 0 and 7 indicate acidity and values between 7 and 14
indicate alkalinity. The value for pure distilled water is 7, which is
considered neutral.
"Physical facilities" means the structure and interior surfaces of a FOOD
ESTABLISHMENT
including accessories such as soap and towel dispensers
and attachments such as light fixtures and heating or air conditioning
system vents.
"Plumbing fixture" means a receptacle or device that:
(1)
Is permanently or temporarily connected to the water distribution
system of the PREMISES and demands a supply of water from the system;
or
(2)
Discharges used water, waste materials, or SEWAGE directly or
indirectly to the drainage system of the PREMISES.
"Plumbing system" means the water supply and distribution pipes;
PLUMBING FIXTURES and traps; soil, waste, and vent pipes; sanitary and storm
sewers and building drains, including their respective connections, devices,
and appurtenances within the PREMISES; and water-treating EQUIPMENT.
"Poisonous or toxic materials" means substances that are not intended for
ingestion and are included in 4 categories:
(1)
Cleaners and SANITIZERS, which include cleaning and SANITIZING
agents and agents such as caustics, acids, drying agents, polishes, and
other chemicals;
(2)
Pesticides, except SANITIZERS, which include substances such as
insecticides and rodenticides;
(3)
Substances necessary for the operation and maintenance of the
establishment such as nonfood grade lubricants and PERSONAL CARE
ITEMS
that may be deleterious to health; and
(4)
Substances that are not necessary for the operation and maintenance
of the establishment and are on the PREMISES for retail sale, such as
petroleum products and paints.
"Poultry" means:
(1)
Any domesticated bird (chickens, turkeys, ducks, geese, guineas,
19
RATITES, or squabs), whether live or dead, as defined in 9 CFR 381.1
Poultry Products Inspection Regulations Definitions, Poultry; and
(2)
Any migratory waterfowl or game bird, pheasant, partridge, quail,
grouse, or pigeon, whether live or dead, as defined in 9 CFR 362.1
Voluntary Poultry Inspection Regulations, Definitions.
"Premises" means:
(1)
The PHYSICAL FACILITY, its contents, and the contiguous land or
property under the control of the PERMIT HOLDER; or
(2)
The PHYSICAL FACILITY, its contents, and the land or property not
described in Subparagraph (1) of this definition if its facilities and contents
are under the control of the PERMIT HOLDER and may impact FOOD
ESTABLISHMENT
personnel, facilities, or operations, and a FOOD
ESTABLISHMENT
is only one component of a larger operation such as a
health care facility, hotel, motel, school, recreational camp, or prison.
"Primal cut" means a basic major cut into which carcasses and sides of
MEAT are separated, such as a beef round, pork loin, lamb flank, or veal
breast.
81-2,257. “Priority items; priority foundation items” Priority items are
designated in the Food Code and sections 81-2,272.01, 81-2,272.10, and 81-
2,272.24. Priority foundation items are designated in the Food Code.
Priority Item.
(1)
"Priority item" means a provision in this Code whose application
contributes directly to the elimination, prevention or reduction to an
acceptable level, hazards associated with foodborne illness or injury and
there is no other provision that more directly controls the hazard.
(2)
"Priority item" includes items with a quantifiable measure to show
control of hazards such as cooking, reheating, cooling, handwashing; and
(3)
"Priority item" is an item that is denoted in this Code with a superscript P-
P
.
Priority Foundation Item.
(1)
"Priority foundation item" means a provision in this Code
whose application supports, facilitates or enables one or more
PRIORITY ITEMS.
(2)
"Priority foundation item" includes an item that requires the
20
purposeful incorporation of specific actions, equipment or procedures by
industry management to attain control of risk factors that contribute to
foodborne illness or injury such as personnel training, infrastructure or
necessary equipment, HACCP plans, documentation or record keeping,
and labeling; and
(3)
"Priority foundation item" is an item that is denoted in this Code
with a superscript Pf -
Pf
.
"Public water system" has the meaning stated in 40 CFR 141 National
Primary Drinking Water Regulations.
81-2,251.06. “Pushcart” shall mean a non-self-propelled vehicle limited to serving food
which is not time/temperature control for safety or commissary wrapped food maintained
at temperatures in compliance with the Nebraska Pure Food Act or limited to the
preparation and serving of frankfurters.
"Ratite" means a flightless bird such as an emu, ostrich, or rhea.
Ready-to-Eat Food.
(1)
"Ready-to-eat food" means FOOD that:
(a)
Is in a form that is edible without additional preparation to achieve FOOD
safety, as specified under one of the following: ¶ 3-401.11(A) or (B),
§ 3-401.12, or § 3-402.11, or as specified in ¶ 3-401.11(C); or
(b)
Is a raw or partially cooked animal FOOD and the consumer is advised as
specified in Subparagraphs 3-401.11(D)(1) and (3); or
(c)
Is prepared in accordance with a variance that is granted as specified in
Subparagraph 3-401.11(D) (4); and
(d)
May receive additional preparation for palatability or aesthetic, epicurean,
gastronomic, or culinary purposes.
(2)
"Ready-to-eat food" includes:
(a)
Raw animal FOOD that is cooked as specified under § 3-401.11 or 3-
401.12, or frozen as specified under § 3-402.11;
(b)
Raw fruits and vegetables that are washed as specified under § 3-302.15;
(c)
Fruits and vegetables that are cooked for hot holding, as specified
under § 3- 401.13;
21
(d)
All TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is cooked to
the temperature and time required for the specific FOOD under Subpart
3-401 and cooled as specified under § 3-501.14;
(e)
Plant FOOD for which further washing, cooking, or other processing is not
required for FOOD safety, and from which rinds, peels, husks, or shells, if
naturally present are removed;
(f)
Substances derived from plants such as spices, seasonings, and sugar;
(g)
A bakery item such as bread, cakes, pies, fillings, or icing for which
further cooking is not required for FOOD safety;
(h)
The following products that are produced in accordance with USDA
guidelines and that have received a lethality treatment for pathogens: dry,
fermented sausages, such as dry salami or pepperoni; salt-cured MEAT and
POULTRY products, such as prosciutto ham, country cured ham, and Parma
ham; and dried MEAT and POULTRY products, such as jerky or beef sticks;
and
(i)
FOODS manufactured as specified in 21 CFR Part 113, Thermally
Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.
Reduced Oxygen Packaging.
(1)
"Reduced oxygen packaging" means:
(a)
The reduction of the amount of oxygen in a PACKAGE by removing
oxygen; displacing oxygen and replacing it with another gas or
combination of gases; or otherwise controlling the oxygen content to a
level below that normally found in the atmosphere (approximately 21% at
sea level); and
(b)
A process as specified in Subparagraph (1)(a) of this definition that
involves a FOOD for which the HAZARDS Clostridium botulinum or Listeria
monocytogenes require control in the final PACKAGED form.
(2)
"Reduced oxygen packaging" includes:
(a)
Vacuum PACKAGING, in which air is removed from a PACKAGE of
FOOD and the PACKAGE is HERMETICALLY SEALED so that a vacuum
remains inside the
PACKAGE;
(b)
Modified atmosphere PACKAGING, in which the atmosphere of a
PACKAGE of FOOD is modified so that its composition is different from air
but the atmosphere may change over time due to the permeability of
the PACKAGING material or the respiration of the FOOD. Modified
22
atmosphere PACKAGING includes reduction in the proportion of oxygen,
total replacement of oxygen, or an increase in the proportion of other
gases such as carbon dioxide or nitrogen;
(c)
Controlled atmosphere PACKAGING, in which the atmosphere of a
PACKAGE of FOOD is modified so that until the PACKAGE is opened, its
composition is different from air, and continuous control of that
atmosphere is maintained, such as by using oxygen scavengers or a
combination of total replacement of oxygen, nonrespiring FOOD, and
impermeable PACKAGING material;
(d)
Cook chill PACKAGING, in which cooked FOOD is hot filled into
impermeable bags which have the air expelled and are then
sealed or crimped closed. The bagged FOOD is rapidly chilled and
refrigerated at temperatures that inhibit the growth of
psychrotrophic pathogens; or
(e)
Sous vide PACKAGING, in which raw or partially cooked FOOD is
vacuum packaged in an impermeable bag, cooked in the bag, rapidly chilled,
and refrigerated at temperatures that inhibit the growth of psychrotrophic
pathogens.
"Refuse" means solid waste not carried by water through the SEWAGE
system.
81-2,252. “Regulatory authority” shall mean the department or a political subdivision or
state agency under contract with the department to perform regulatory functions
authorized pursuant to the Nebraska Pure Food Act.
"Reminder" means a written statement concerning the health RISK of
consuming animal FOODS raw, undercooked, or without otherwise being
processed to eliminate pathogens.
"Re-service" means the transfer of FOOD that is unused and returned by
a CONSUMER after being served or sold and in the possession of the
CONSUMER, to another PERSON.
"Restrict" means to limit the activities of a FOOD EMPLOYEE so that there is no
RISK of transmitting a disease that is transmissible through FOOD and the FOOD
EMPLOYEE
does not work with exposed FOOD, clean EQUIPMENT, UTENSILS,
LINENS, or unwrapped
SINGLE-SERVICE or SINGLE-USE ARTICLES.
"Restricted egg" means any check, dirty EGG, incubator reject, inedible,
leaker, or loss as defined in 9 CFR 590.
23
"Restricted use pesticide" means a pesticide product that contains the
active ingredients specified in 40 CFR 152.175 Pesticides classified for
restricted use, and that is limited to use by or under the direct supervision of a
certified applicator.
"Risk" means the likelihood that an adverse health effect will occur
within a population as a result of a HAZARD in a FOOD.
"Safe material" means:
(1)
An article manufactured from or composed of materials that
may not reasonably be expected to result, directly or indirectly, in
their becoming a component or otherwise affecting the
characteristics of any FOOD;
(2)
An additive that is used as specified in § 409 of the Federal Food,
Drug, and Cosmetic Act; or
(3)
Other materials that are not ADDITIVES and that are used in
conformity with applicable regulations of the Food and Drug
Administration.
81-2,253.01. “Salvage operation” shall mean an operation which reconditions, sells,
distributes, brokers, or otherwise supplies any distressed or salvaged food
"Sanitization" means the application of cumulative heat or chemicals on
cleaned FOOD-CONTACT SURFACES that, when evaluated for efficacy, is sufficient
to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of
representative disease microorganisms of public health importance.
"Sealed" means free of cracks or other openings that allow the entry or
passage of moisture.
"Service animal" means an animal such as a guide dog, signal dog, or
other animal individually trained to provide assistance to an individual with
a disability.
"Servicing area" means an operating base location to which a mobile FOOD
ESTABLISHMENT
or transportation vehicle returns regularly for such things as
vehicle and equipment cleaning, discharging liquid or solid wastes, refilling
water tanks and ice bins, and boarding FOOD.
"Sewage" means liquid waste containing animal or vegetable matter in
suspension or solution and may include liquids containing chemicals in
solution.
"Shellfish control authority" means a state, federal, foreign, tribal, or
24
other government entity legally responsible for administering a program
that includes certification of MOLLUSCAN SHELLFISH harvesters and
DEALERs for interstate commerce.
"Shellstock" means raw, in-shell MOLLUSCAN SHELLFISH.
"Shiga toxin-producing Escherichia coli" (STEC) means any E. coli
capable of producing Shiga toxins (also called verocytotoxins). STEC infections
can be asymptomatic or may result in a spectrum of illness ranging from mild
non-bloody diarrhea, to hemorrhagic colitis (i.e., bloody diarrhea), to hemolytic
uremic syndrome (HUS - a type of kidney failure). Examples of serotypes of
STEC include: E. coli O157:H7; E. coli O157:NM; E. coli O26:H11; E. coli
O145:NM; E. coli O103:H2; and
E. coli O111:NM. STEC are sometimes referred to as VTEC
(verocytotoxigenic E. coli) or as EHEC (Enterohemorrhagic E. coli). EHEC
are a subset of STEC which can cause hemorrhagic colitis or HUS.
"Shucked shellfish" means MOLLUSCAN SHELLFISH that have one or both
shells removed.
81-2,254. “Single event food vendor” shall mean a temporary food establishment that
operates at no more than one event per calendar year for a period of no more than two
days.
"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.
(1)
"Single-use articles" means UTENSILS and bulk FOOD containers
designed and constructed to be used once and discarded.
(2)
"Single-use articles" includes items such as wax paper, butcher
paper, plastic wrap, formed aluminum FOOD containers, jars, plastic tubs
or buckets, bread wrappers, pickle barrels, ketchup bottles, and number
10 cans which do not meet the materials, durability, strength, and
cleanability specifications under
§§ 4-101.11, 4-201.11, and 4-202.11 for multiuse UTENSILS.
"Slacking" means the process of moderating the temperature of a FOOD
such as allowing a FOOD to gradually increase from a temperature of -23
o
C (-
10
o
F) to -4
o
C (25
o
F) in preparation for deep-fat frying or to facilitate even
heat penetration during the cooking of previously block-frozen FOOD such as
shrimp.
"Smooth" means:
(1)
A FOOD-CONTACT SURFACE having a surface free of pits and inclusions
25
with a cleanability equal to or exceeding that of (100 grit) number 3
stainless steel;
(2)
A nonFOOD-CONTACT SURFACE of EQUIPMENT having a surface equal to
that of commercial grade hot-rolled steel free of visible scale; and
(3)
A floor, wall, or ceiling having an even or level surface with no
roughness or projections that render it difficult to clean.
"Tableware" means eating, drinking, and serving UTENSILS for table use such
as flatware including forks, knives, and spoons; hollowware including bowls,
cups, serving dishes, and tumblers; and plates.
"Temperature measuring device" means a thermometer,
thermocouple, thermistor, or other device that indicates the temperature
of FOOD, air, or water.
"Temporary food establishment" means a FOOD ESTABLISHMENT that
operates for a period of no more than 14 consecutive days in conjunction with
a single event or celebration.
Time/Temperature Control for Safety Food (formerly “potentially
hazardous food” (PHF)).
(1)
"Time/temperature control for safety food" means a FOOD that
requires time/temperature control for safety (TCS) to limit pathogenic
microorganism growth or toxin formation.
(2)
"Time/temperature control for safety food" includes:
(a)
An animal FOOD that is raw or heat-treated; a plant FOOD that is
heat- treated or consists of raw seed sprouts, cut melons, cut leafy
greens, cut tomatoes or mixtures of cut tomatoes that are not modified
in a way so that they are unable to support pathogenic microorganism
growth or toxin formation, or garlic-in-oil mixtures that are not modified
in a way so that they are unable to support pathogenic microorganism
growth or toxin formation; and
(b)
Except as specified in Subparagraph (3)(d) of this definition, a
FOOD
that because of the interaction of its A
W
and PH values is
designated as
Product Assessment Required (PA) in Table A or B
of this definition:
Table A. Interaction of pH and A
W
for control of spores in FOOD heat-treated
to
destroy vegetative cells and subsequently PACKAGED
26
A
W
values
pH: 4.6 or less pH: > 4.6 - 5.6 pH: > 5.6
<0.92 non-TCS FOOD* non-TCS FOOD non-TCS FOOD
> 0.92 - 0.95 non-TCS FOOD non-TCS FOOD PA**
> 0.95 non-TCS FOOD PA PA
* TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
** PA means Product Assessment required
Table B. Interaction of PH and A
W
for control of vegetative cells and spores in
FOOD not heat-treated or heat-treated but not PACKAGED
A
W
values
pH: < 4.2 pH: 4.2 - 4.6 pH: > 4.6 - 5.0 pH: > 5.0
< 0.88 non-TCS
food*
Non-TCS
food
non-TCS food non-TCS
food
0.88 – 0.90 non-TCS
food
non-TCS
food
non-TCS food PA**
> 0.90 – 0.92 non-TCS food non-TCS
food
PA PA
> 0.92 non-TCS food PA PA PA
* TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
** PA means Product Assessment required
(3)
"Time/temperature control for safety food" does not include:
(a)
An air-cooled hard-boiled egg with shell intact, or an EGG with shell
intact that is not hard-boiled, but has been pasteurized to destroy all
viable salmonellae;
(b)
A FOOD in an unopened HERMETICALLY SEALED CONTAINTER that is
commercially processed to achieve and maintain commercial sterility
under conditions of non-refrigerated storage and distribution;
(c)
A FOOD that because of its PH or A
W
value, or interaction of A
W
and PH
values, is designated as a non-TCS FOOD in Table A or B of
this definition;
(d)
A FOOD that is designated as Product Assessment Required (PA) in
Table A or B of this definition and has undergone a Product
Assessment showing that the growth or toxin formation of pathogenic
27
microorganisms that are reasonably likely to occur in that FOOD Is
precluded due to:
(i)
Intrinsic factors including added or natural characteristics of the FOOD
such as preservatives, antimicrobials, humectants,
acidulants, or nutrients,
(ii)
Extrinsic factors including environmental or operational
factors that affect the FOOD such as packaging, modified
atmosphere such as REDUCED OXYGEN PACKAGING, shelf life
and use, or temperature range of storage and use, or
(iii)
A combination of intrinsic and extrinsic factors; or
(e)
A FOOD that does not support the growth or toxin formation of
pathogenic microorganisms in accordance with one of the
Subparagraphs (3)(a) - (3)(d) of this definition even though the FOOD
may contain a pathogenic microorganism or chemical or physical
contaminant at a level sufficient to cause illness or injury.
"USDA" means the U.S. Department of Agriculture.
"Utensil" means a FOOD-CONTACT implement or container used in the
storage, preparation, transportation, dispensing, sale, or service of FOOD,
such as KITCHENWARE or TABLEWARE that is multiuse, SINGLE-SERVICE, or
SINGLE-USE; gloves used in contact with FOOD; temperature sensing probes of
FOOD TEMPERATURE MEASURING DEVICES; and probe-type price or identification
tags used in contact with FOOD.
"Variance" means a written document issued by the REGULATORY
AUTHORITY
that authorizes a modification or waiver of one or more
requirements of this Code if, in the opinion of the REGULATORY AUTHORITY, a
health HAZARD or nuisance will not result from the modification or waiver.
"Vending machine" means a self-service device that, upon insertion of a
coin, paper currency, token, card, or key, or by electronic transaction or
optional manual operation, dispenses unit servings of FOOD in bulk or in
PACKAGES without the necessity of replenishing the device between each
vending operation.
"Vending machine location" means the room, enclosure, space, or area
where one or more VENDING MACHINES are installed and operated and includes
the storage areas and areas on the PREMISES that are used to service and
maintain the VENDING MACHINES.
"Warewashing" means the cleaning and SANITIZING of UTENSILS and FOOD-CONTACT
SURFACES
of EQUIPMENT.
28
"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.
29
Parts
2-1
SUPERVISION
2-2
EMPLOYEE HEALTH
2-3
PERSONAL CLEANLINESS
2-4
HYGIENIC PRACTICES
2-5
RESPONDING TO CONTAMINATION EVENTS
2-1 SUPERVISION
Subparts
2-101
Responsibility
2-102
Knowledge
2-103
Duties
Responsibility
2-101.11 Assignment.
(A) Except as specified in ¶ (B) of this section, the PERMIT
HOLDER
shall be the PERSON IN CHARGE or shall designate a
PERSON IN CHARGE and shall ensure that a PERSON IN CHARGE
is present at the FOOD ESTABLISHMENT during all hours of
operation.
Pf
(B) In a FOOD ESTABLISHMENT with two or more separately
PERMITTED departments that are the legal responsibility of the
same PERMIT HOLDER and that are located on the same
PREMISES, the PERMIT HOLDER may, during specific time
periods when food is not being prepared, packaged, or
served, designate a single PERSON IN CHARGE who is present
on the PREMISES during all hours of operation, and who is
responsible for each separately PERMITTED FOOD
ESTABLISHMENT
on the PREMISES.
Pf
Chapter
2
Management and
Personnel
30
Knowledge
2-102.11 Demonstration.
Based on the RISKS inherent to the FOOD operation, during
inspections and upon request the PERSON IN CHARGE shall
demonstrate to the REGULATORY AUTHORITY knowledge of
foodborne disease prevention, application of the HAZARD
Analysis and CRITICAL CONTROL POINT principles, and the
requirements of this Code. The PERSON IN CHARGE shall
demonstrate this knowledge by:
(A)
Complying with this Code by having no violations of
PRIORITY ITEMS during the current inspection;
Pf
(B)
Being a certified FOOD protection manager who has
shown proficiency of required information through
passing a test that is part of an ACCREDITED PROGRAM;
Pf
or
(C)
Responding correctly to the inspector's questions as
they relate to the specific FOOD operation. The areas of
knowledge include:
(1)
Describing the relationship between the
prevention of foodborne disease and the personal
hygiene of a FOOD EMPLOYEE;
Pf
(2)
Explaining the responsibility of the PERSON IN
CHARGE
for preventing the transmission of foodborne
disease by a FOOD EMPLOYEE who has a disease or
medical condition that may cause foodborne disease;
Pf
(3)
Describing the symptoms associated with the
diseases that are transmissible through FOOD;
Pf
(4)
Explaining the significance of the relationship
between maintaining the time and temperature of
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD and the
prevention of foodborne illness;
Pf
(5)
Explaining the HAZARDS involved in the
consumption of raw or undercooked MEAT, POULTRY,
EGGS, and FISH;
Pf
(6)
Stating the required FOOD temperatures and
times for safe cooking of TIME/TEMPERATURE
31
CONTROL FOR SAFETY FOOD including MEAT,
POULTRY, EGGS, and FISH;
Pf
(7)
Stating the required temperatures and times for
the safe refrigerated storage, hot holding, cooling,
and reheating of
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;
Pf
(8)
Describing the relationship between the
prevention of foodborne illness and the management
and control of the following:
(a)
Cross contamination,
Pf
(b)
Hand contact with READY-TO-EAT FOODS,
Pf
(c)
Handwashing,
Pf
and
(d)
Maintaining the FOOD ESTABLISHMENT in a
clean condition and in good repair;
Pf
(9)
Describing FOODS identified as MAJOR FOOD
ALLERGENS
and the symptoms that a MAJOR FOOD
ALLERGEN
could cause in a sensitive individual who
has an allergic reaction.
Pf
(10)
Explaining the relationship between FOOD
safety and providing EQUIPMENT that is:
(a)
Sufficient in number and capacity,
Pf
and
(b)
Properly designed, constructed, located,
installed, operated, maintained, and cleaned;
Pf
(11)
Explaining correct procedures for cleaning
and SANITIZING UTENSILS and FOOD-CONTACT
SURFACES
of EQUIPMENT;
Pf
(12)
Identifying the source of water used and
measures taken to ensure that it remains protected
from contamination such as providing protection
from backflow and precluding the creation of cross
connections;
Pf
(13)
Identifying POISONOUS OR TOXIC MATERIALS in the
FOOD ESTABLISHMENT and the procedures necessary
to ensure that they are safely stored, dispensed,
used, and disposed of according to LAW;
Pf
32
(14)
Identifying CRITICAL CONTROL POINTS in the
operation from purchasing through sale or service that
when not controlled may contribute to the transmission of
foodborne illness and explaining steps taken to ensure that
the points are controlled in accordance with the
requirements of this Code;
Pf
(15)
Explaining the details of how the PERSON IN
CHARGE
and FOOD EMPLOYEES comply with the HACCP
PLAN if a plan is required by the LAW, this Code, or an
agreement between the REGULATORY AUTHORITY and
the FOOD ESTABLISHMENT;
Pf
(16)
Explaining the responsibilities, rights, and
authorities assigned by this Code to the:
(a)
FOOD EMPLOYEE,
Pf
(b)
CONDITIONAL EMPLOYEE,
Pf
(c)
PERSON IN CHARGE,
Pf
(d)
REGULATORY AUTHORITY;
Pf
and
(17)
Explaining how the PERSON IN CHARGE, FOOD
EMPLOYEES
, and CONDITIONAL EMPLOYEES comply
with reporting responsibilities and EXCLUSION or
RESTRICTION of
FOOD EMPLOYEES.
Pf
2-102.20 Food Protection Manager Certification.
(A) A PERSON IN CHARGE who demonstrates knowledge by
being a FOOD protection manager that is certified by a FOOD
protection manager certification program that is evaluated
and listed by a Conference for Food Protection-recognized
accrediting agency as conforming to the Conference for Food
Protection Standards for Accreditation of FOOD Protection
Manager Certification Programs is deemed to comply with ¶2-
102.11(B).
Duties
33
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;
Pf
(B) PERSONS unnecessary to the FOOD ESTABLISHMENT
operation are not allowed in the FOOD preparation, FOOD
storage, or WAREWASHING areas, except that brief visits
and tours may be authorized by the PERSON IN CHARGE if
steps are taken to ensure that exposed FOOD; clean
EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-
SERVICE and SINGLE-USE ARTICLES are protected from
contamination;
Pf
(C) EMPLOYEES and other PERSONS such as delivery
and maintenance PERSONS and pesticide applicators
entering the FOOD preparation, FOOD storage, and
WAREWASHING areas comply with this Code;
Pf
(D) EMPLOYEES are effectively cleaning their hands, by
routinely monitoring the EMPLOYEES' handwashing;
Pf
(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, UNADULTERED, and
accurately presented, by routinely monitoring the
EMPLOYEES’ observations and periodically evaluating
FOODS upon their receipt;
Pf
(F) EMPLOYEES are verifying that FOODS delivered to the
FOOD ESTABLISHMENT during non-operating hours are
from APPROVED
sources and are placed into appropriate storage locations
such that they are maintained at the required
temperatures, protected from contamination,
unADULTERATED, and accurately presented;
Pf
(G) EMPLOYEES are properly cooking TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD
, being particularly careful in
cooking those FOODS known to cause severe foodborne
illness and death, such as EGGS and COMMINUTED MEATS,
through daily oversight of the EMPLOYEES' routine
34
monitoring of the cooking temperatures using appropriate
temperature measuring devices properly scaled and
calibrated as specified under § 4- 203.11 and ¶ 4-
502.11(B);
Pf
(H) EMPLOYEES are using proper methods to rapidly cool
TIME/TEMPERATURE CONTROL FOR SAFETY FOODS that are
not held hot or are not for consumption within 4 hours,
through daily oversight of the EMPLOYEES' routine
monitoring of FOOD temperatures during cooling;
Pf
(I) Removed from code
(J) 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;
Pf
(K) 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;
Pf
(L) 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;
Pf
(M) Removed from code
(N) EMPLOYEES are properly trained in FOOD safety, including
FOOD allergy awareness, as it relates to their assigned duties;
Pf
(O) FOOD EMPLOYEES and CONDITIONAL EMPLOYEES are
informed in a verifiable manner of their responsibility to
report in accordance with LAW, to the PERSON IN CHARGE,
information about their health and activities as they relate
to diseases that are transmissible through FOOD, as
specified under
¶ 2-201.11(A);
Pf
and
(P) Written procedures and plans, where specified by this
Code and as developed by the FOOD ESTABLISHMENT, are
maintained and implemented as required.
Pf
35
Responsibilities and Reporting Symptoms and Diagnosis
2-201.11 Responsibility of Permit Holder, Person in
Charge, and Conditional Employees.
(A) The PERMIT HOLDER shall require FOOD EMPLOYEES and
CONDITIONAL EMPLOYEES to report to the PERSON IN CHARGE
information about their health and activities as they relate to
diseases that are transmissible through FOOD. A FOOD EMPLOYEE or
CONDITIONAL EMPLOYEE shall report the information in a manner that
allows the PERSON IN CHARGE to reduce the RISK of foodborne
disease transmission, including providing necessary additional
information, such as the date of onset of symptoms and an illness,
or of a diagnosis without symptoms, if the FOOD EMPLOYEE or
CONDITIONAL EMPLOYEE:
reportable symptoms
(1)
Has any of the following symptoms:
(a)
Vomiting,
P
(b)
Diarrhea,
P
(c)
Jaundice,
P
(d)
Sore throat with fever,
P
or
(e)
A lesion containing pus such as a boil or infected wound
that is open or draining and is:
(i)
On the hands or wrists, unless an impermeable cover
such as a finger cot or stall protects the lesion and a
SINGLE-USE glove is worn over the impermeable cover,
P
2-2 EMPLOYEE HEALTH
Subpart
2-201
Responsibilities of Permit Holder, Person in
Charge, Food Employees, and Conditional
Employees
36
(ii)
On exposed portions of the arms, unless the lesion is
protected by an impermeable cover,
P
or
(iii)
On other parts of the body, unless the lesion is
covered by a dry, durable, tight-fitting bandage;
P
reportable diagnosis
(2)
Has an illness diagnosed by a HEALTH PRACTITIONER due to:
(a)
Norovirus,
P
(b)
Hepatitis A virus,
P
(c)
Shigella spp.,
P
(d)
SHIGA TOXIN-PRODUCING ESCHERICHIA COLI,
P
(e)
Typhoid fever (caused by Salmonella Typhi)
P
or
(f)
Salmonella (nontyphoidal);
P
reportable past illness
(3)
Had Typhoid fever, diagnosed by a HEALTH PRACTITIONER,
within the past 3 months, without having received antibiotic
therapy, as determined by a HEALTH PRACTITIONER;
P
reportable history of exposure
(4)
Has been exposed to, or is the suspected source of, a
CONFIRMED DISEASE OUTBREAK, because the FOOD EMPLOYEE or
CONDITIONAL EMPLOYEE consumed or prepared FOOD implicated
in the outbreak, or consumed FOOD at an event prepared by a
PERSON who is infected or ill with:
(a)
Norovirus within the past 48 hours of the last exposure,
P
(b)
SHIGA TOXIN-PRODUCING ESCHERICHIA COLI or Shigella spp.
within the past 3 days of the last exposure,
P
(c)
Typhoid fever within the past 14 days of the last
exposure,
P
or
37
(d)
Hepatitis A virus within the past 30 days of the last
exposure;
P
or
reportable history of exposure
(5)
Has been exposed by attending or working in a setting
where there is a CONFIRMED DISEASE OUTBREAK, or living in the
same household as, and has knowledge about, an individual
who works or attends a setting where there is a CONFIRMED
DISEASE OUTBREAK
, or living in the same household as, and has
knowledge about, an individual diagnosed with an illness
caused by:
(a)
Norovirus within the past 48 hours of the last exposure,
P
(b)
SHIGA TOXIN-PRODUCING ESCHERICHIA COLI or Shigella
spp. within the past 3 days of the last exposure,
P
(c)
Typhoid fever (caused by Salmonella Typhi) within the
past 14 days of the last exposure,
P
or
(d)
Hepatitis A virus within the past 30 days of the last
exposure.
P
responsibility of person in charge to notify the regulatory authority
(B) The PERSON IN CHARGE shall notify the REGULATORY AUTHORITY
when a FOOD EMPLOYEE is:
(1)
Jaundiced,
Pf
or
(2)
Diagnosed with an illness due to a pathogen as specified
under Subparagraphs (A)(2)(a) - (f) of this section.
Pf
responsibility of the person in charge to prohibit a conditional employee from becoming
a food employee
(C) The PERSON IN CHARGE shall ensure that a CONDITIONAL
EMPLOYEE
:
(1)
Who exhibits or reports a symptom, or who reports a
diagnosed illness as specified under Subparagraphs (A)(1) - (3)
38
of this section, is prohibited from becoming a FOOD EMPLOYEE
until the CONDITIONAL EMPLOYEE meets the criteria for the specific
symptoms or diagnosed illness as specified under § 2-201.13;
P
and
(2)
Who will work as a FOOD EMPLOYEE in a FOOD ESTABLISHMENT
that serves as a HIGHLY SUSCEPTIBLE POPULATION and reports a
history of exposure as specified under Subparagraphs (A)(4) –
(5), is prohibited from becoming a FOOD EMPLOYEE until the
CONDITIONAL EMPLOYEE meets the criteria as specified under
¶ 2-201.13(J).
P
responsibility of the person in charge to exclude or restrict
(D) The PERSON IN CHARGE shall ensure that a FOOD EMPLOYEE who
exhibits or reports a symptom, or who reports a diagnosed illness
or a history of exposure as specified under Subparagraphs (A)(1) -
(5)
of this section is:
(1)
EXCLUDED as specified under ¶¶ 2-201.12 (A) - (C), and
Subparagraphs (D)(1), (E)(1), (F)(1), (G) or (H)(1) and in
compliance with the provisions specified under ¶¶ 2-201.13(A) -
(H);
P
or
(2)
RESTRICTED as specified under Subparagraphs 2-201.12
(D)(2), (E)(2), (F)(2), (H)(2), or ¶¶ 2-201.12(I) or (J) and in
compliance with the provisions specified under ¶¶ 2-201.13(D) -
(J).
P
responsibility of food employees and conditional employees to report
(E) A FOOD EMPLOYEE or CONDITIONAL EMPLOYEE shall report to the
PERSON IN CHARGE the information as specified under ¶ (A) of this
section.
Pf
responsibility of food employees to comply
(F) A FOOD EMPLOYEE shall:
(1)
Comply with an EXCLUSION as specified under ¶¶ 2-201.12(A)
- (C) and Subparagraphs 2-201.12(D)(1), (E)(1), (F)(1), (G), or
(H)(1) and with the provisions specified under ¶¶ 2-201.13(A) -
(H);
P
or
39
(2)
Comply with a RESTRICTION as specified under
Subparagraphs 2-201.12(D)(2), (E)(2), (F)(2), (G), (H)(2), or
¶¶ 2-201.12 (H), (I), or (J) and comply with the provisions
specified under ¶¶ 2-201.13(D) - (J).
P
conditions of exclusion and restriction
2-201.12 Exclusions and Restrictions.
The PERSON IN CHARGE shall EXCLUDE or RESTRICT a FOOD EMPLOYEE
from a FOOD ESTABLISHMENT in accordance with the following:
symptomatic with vomiting or diarrhea
(A) Except when the symptom is from a noninfectious condition,
EXCLUDE a FOOD EMPLOYEE if the FOOD EMPLOYEE is:
(1)
Symptomatic with vomiting or diarrhea;
P
or
(2)
Symptomatic with vomiting or diarrhea and diagnosed with
an infection from Norovirus, Shigella spp., Salmonella
(nontyphoidal), or SHIGA TOXIN-PRODUCING E. COLI.
P
jaundiced or diagnosed with hepatitis A infection
(B) ExCLUDE a FOOD EMPLOYEE who is:
(1)
Jaundiced and the onset of jaundice occurred within the last
7 calendar days, unless the FOOD EMPLOYEE provides to the
PERSON IN CHARGE written medical documentation from a HEALTH
PRACTITIONER
specifying that the jaundice is not caused by
hepatitis A virus or other fecal-orally transmitted infection;
P
(2)
Diagnosed with an infection from hepatitis A virus within 14
calendar days from the onset of any illness symptoms, or within
7 calendar days of the onset of jaundice;
P
or
(3)
Diagnosed with an infection from hepatitis A virus without
developing symptoms.
P
40
diagnosed or reported previous illness with Typhoid fever
(C) EXCLUDE a FOOD EMPLOYEE who is diagnosed with Typhoid
fever, or reports having had Typhoid fever within the past 3 months
as specified under Subparagraph 2-201.11(A)(3).
P
diagnosed with an asymptomatic infection from Norovirus
(D) If a FOOD EMPLOYEE is diagnosed with an infection from
Norovirus and is ASYMPTOMATIC:
(1)
EXCLUDE the FOOD EMPLOYEE who works in a FOOD
ESTABLISHMENT
serving a HIGHLY SUSCEPTIBLE POPULATION;
P
or
(2)
RESTRICT the FOOD EMPLOYEE who works in a FOOD
ESTABLISHMENT
not serving a HIGHLY SUSCEPTIBLE POPULATION.
P
diagnosed with Shigella spp. infection and asymptomatic
(E) If a FOOD EMPLOYEE is diagnosed with an infection from Shigella
spp. and is ASYMPTOMATIC:
(1)
EXCLUDE the FOOD EMPLOYEE who works in a FOOD
ESTABLISHMENT
serving a HIGHLY SUSCEPTIBLE POPULATION;
P
or
(2)
RESTRICT the FOOD EMPLOYEE who works in a FOOD
ESTABLISHMENT
not serving a HIGHLY SUSCEPTIBLE POPULATION.
P
diagnosed with STEC and asymptomatic
(F) If a FOOD EMPLOYEE is diagnosed with an infection from SHIGA
TOXIN
-PRODUCING E. COLI, and is ASYMPTOMATIC:
(1)
EXCLUDE the FOOD EMPLOYEE who works in a FOOD
ESTABLISHMENT
serving a HIGHLY SUSCEPTIBLE POPULATION;
P
or
(2)
RESTRICT the FOOD EMPLOYEE who works in a FOOD
ESTABLISHMENT
not serving a HIGHLY SUSCEPTIBLE POPULATION.
P
41
diagnosed with nontyphoidal Salmonella and asymptomatic
(G) If a FOOD EMPLOYEE is diagnosed with an infection from
Salmonella (nontyphoidal) and is ASYMPTOMATIC, RESTRICT the FOOD
EMPLOYEE
who works in a FOOD ESTABLISHMENT serving a HIGHLY
SUSCEPTIBLE POPULATION
or in a FOOD ESTABLISHMENT not serving a
HIGHLY SUSCEPTIBLE POPULATION.
P
symptomatic with sore throat with fever
(H) If a FOOD EMPLOYEE is ill with symptoms of acute onset of sore
throat with fever:
(1)
EXCLUDE the FOOD EMPLOYEE who works in a FOOD
ESTABLISHMENT
serving a HIGHLY SUSCEPTIBLE POPULATION;
P
or
(2)
RESTRICT the FOOD EMPLOYEE who works in a FOOD
ESTABLISHMENT
not serving a HIGHLY SUSCEPTIBLE POPULATION.
P
symptomatic with uncovered infected wound or pustular boil
(I) If a FOOD EMPLOYEE is infected with a skin lesion containing pus
such as a boil or infected wound that is open or draining and not
properly covered as specified under Subparagraph
2-201.11(A)(1)(e), RESTRICT the FOOD EMPLOYEE.
P
exposed to foodborne pathogen and works in food establishment serving HSP
(J) If a FOOD EMPLOYEE is exposed to a foodborne pathogen as
specified under Subparagraphs 2-201.11(A)(4)(a-d) or 2-
201.11(A)(5)(a-d), RESTRICT the FOOD EMPLOYEE who works in a
FOOD ESTABLISHMENT serving a HIGHLY SUSCEPTIBLE POPULATION.
P
Managing Exclusions and Restrictions
2-201.13 Removal, Adjustment, or Retention of Exclusions
and Restrictions.
The PERSON IN CHARGE shall adhere to the following conditions
when removing, adjusting, or retaining the EXCLUSION or
RESTRICTION of a FOOD EMPLOYEE:
42
(A) Except when a FOOD EMPLOYEE is diagnosed with Typhoid
fever or an infection from hepatitis A virus:
removing exclusion for food employee who was symptomatic and not diagnosed
(1)
Reinstate a FOOD EMPLOYEE who was EXCLUDED as
specified under Subparagraph 2-201.12(A)(1) if the FOOD
EMPLOYEE
:
(a)
Is ASYMPTOMATIC for at least 24 hours;
P
or
(b)
Provides to the PERSON IN CHARGE written medical
documentation from a HEALTH PRACTITIONER that states
the symptom is from a noninfectious condition.
P
Norovirus diagnosis
(2)
If a FOOD EMPLOYEE was diagnosed with an infection
from Norovirus and EXCLUDED as specified under
Subparagraph 2-201.12(A)(2):
adjusting exclusion for food employee who was symptomatic and is now asymptomatic
(a)
RESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC
for at least 24 hours and works in a FOOD ESTABLISHMENT
not serving a HIGHLY SUSCEPTIBLE POPULATION, until the
conditions for reinstatement as specified under
Subparagraphs (D)(1) or (2) of this section are met;
P
or
retaining exclusion for food employee who was asymptomatic and is now asymptomatic
and works in food establishment serving HSP
(b)
Retain the EXCLUSION for the FOOD EMPLOYEE, who is
ASYMPTOMATIC for at least 24 hours and works in a FOOD
ESTABLISHMENT
that serves a HIGHLY SUSCEPTIBLE
POPULATION
, until the conditions for reinstatement as
specified under Subparagraphs (D)(1) or (2) of this
section are met.
P
43
Shigella spp. diagnosis
(3)
If a FOOD EMPLOYEE was diagnosed with an infection
from Shigella spp. and EXCLUDED as specified under
Subparagraph 2-201.12(A)(2):
adjusting exclusion for food employee who was symptomatic and is now asymptomatic
(a)
RESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC
for at least 24 hours and works in a FOOD ESTABLISHMENT
not serving a HIGHLY SUSCEPTIBLE POPULATION, until the
conditions for reinstatement as specified under
Subparagraphs (E)(1) or (2) of this section are met;
P
or
retaining exclusion for food employee who was asymptomatic and is now asymptomatic
(b)
Retain the EXCLUSION for the FOOD EMPLOYEE, who is
ASYMPTOMATIC for at least 24 hours and works in a FOOD
ESTABLISHMENT
that serves a HIGHLY SUSCEPTIBLE
POPULATION
, until the conditions for reinstatement as
specified under Subparagraphs (E)(1) or (2) , or (E)(1)
and (3)(a) of this section are met.
P
STEC diagnosis
(4)
If a FOOD EMPLOYEE was diagnosed with an infection
from SHIGA TOXIN-PRODUCING ESCHERICHIA COLI and
EXCLUDED as specified under Subparagraph 2-201.12(A)(2):
adjusting exclusion for food employee who was symptomatic and is now asymptomatic
(a)
RESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC
for at least 24 hours and works in a FOOD ESTABLISHMENT
not serving a HIGHLY SUSCEPTIBLE POPULATION, until the
conditions for reinstatement as specified under
Subparagraphs (F)(1) or (2) of this section are met;
P
or
44
retaining exclusion for food employee who was symptomatic and is now asymptomatic
and works in food establishment serving HSP
(b)
Retain the EXCLUSION for the FOOD EMPLOYEE, who is
ASYMPTOMATIC for at least 24 hours and works in a FOOD
ESTABLISHMENT
that serves a HIGHLY SUSCEPTIBLE
POPULATION
, until the conditions for reinstatement as
specified under Subparagraphs (F)(1) or (2) are met.
P
Nontyphoidal Salmonella diagnosis
(5)
If a FOOD EMPLOYEE was diagnosed with an infection
from Salmonella (nontyphoidal) and EXCLUDED as specified
under Subparagraph 2-201.12(A)(2):
Adjusting exclusion for food employee who was symptomatic and is now asymptomatic
(a)
RESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC
for at least 30 days until conditions for reinstatement as
specified under Subparagraphs (G)(1) or (2) of this
section are met;
P
or
Retaining exclusion for food employee that remains symptomatic
(b)
Retain the EXCLUSION for the FOOD EMPLOYEE who is
SYMPTOMATIC, until conditions for reinstatement as
specified under Paragraphs (G)(1) or (G)(2) of this
section are met.
P
hepatitis A virus or jaundice diagnosis - removing exclusions
(B) Reinstate a FOOD EMPLOYEE who was EXCLUDED as
specified under ¶ 2-201.12(B) if the PERSON IN CHARGE obtains
APPROVAL from the REGULATORY AUTHORITY and one of the
following conditions is met;
(1)
The FOOD EMPLOYEE has been jaundiced for more than
7 calendar days;
P
(2)
The anicteric FOOD EMPLOYEE has been symptomatic
with symptoms other than jaundice for more than 14
calendar days;
P
or
45
(3)
The FOOD EMPLOYEE provides to the PERSON IN CHARGE
written medical documentation from a HEALTH PRACTITIONER
stating that the FOOD EMPLOYEE is free of a hepatitis A virus
infection.
P
Typhoid fever diagnosis - removing exclusions
(C) Reinstate a FOOD EMPLOYEE who was EXCLUDED as
specified under ¶ 2-201.12(C) if:
(1)
The PERSON IN CHARGE obtains APPROVAL from the
REGULATORY AUTHORITY;
P
and
(2)
The FOOD EMPLOYEE provides to the PERSON IN CHARGE
written medical documentation from a HEALTH PRACTITIONER
that states the FOOD EMPLOYEE is free from Typhoid fever.
P
Norovirus diagnosis - removing exclusion or restriction
(D) Reinstate a FOOD EMPLOYEE who was EXCLUDED as
specified under Subparagraphs 2-201.12(A)(2) or (D)(1) who
was RESTRICTED under Subparagraph 2-201.12(D)(2) if the
PERSON IN CHARGE obtains APPROVAL from the REGULATORY
AUTHORITY
and one of the following conditions is met:
(1)
The EXCLUDED or RESTRICTED FOOD EMPLOYEE provides to
the PERSON IN CHARGE written medical documentation from a
HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free
of a Norovirus infection;
P
(2)
The FOOD EMPLOYEE was EXCLUDED or RESTRICTED after
symptoms of vomiting or diarrhea resolved, and more than
48 hours have passed since the FOOD EMPLOYEE became
ASYMPTOMATIC;
P
or
(3)
The FOOD EMPLOYEE was EXCLUDED or RESTRICTED and
did not develop symptoms and more than 48 hours have
passed since the FOOD EMPLOYEE was diagnosed.
P
46
Shigella spp. diagnosis - removing exclusion or restriction
(E) Reinstate a FOOD EMPLOYEE who was EXCLUDED as
specified under Subparagraphs 2-201.12(A)(2) or (E)(1) or who
was RESTRICTED under Subparagraph 2-201.12(E)(2) if the
PERSON IN CHARGE obtains APPROVAL from the REGULATORY
AUTHORITY
and one of the following conditions is met:
(1)
The EXCLUDED or RESTRICTED FOOD EMPLOYEE provides to
the PERSON IN CHARGE written medical documentation from a
HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free
of a Shigella spp. infection based on test results showing 2
consecutive negative stool specimen cultures that are
taken:
(a)
Not earlier than 48 hours after discontinuance of
antibiotics,
P
and
(b)
At least 24 hours apart;
P
(2)
The FOOD EMPLOYEE was EXCLUDED or RESTRICTED after
symptoms of vomiting or diarrhea resolved, and more than
7 calendar days have passed since the FOOD EMPLOYEE
became ASYMPTOMATIC;
P
or
(3)
The FOOD EMPLOYEE was EXCLUDED or RESTRICTED and
did not develop symptoms and more than 7 calendar days
have passed since the FOOD EMPLOYEE was diagnosed.
P
STEC diagnosis - removing exclusion or restriction
(F) Reinstate a FOOD EMPLOYEE who was EXCLUDED or
RESTRICTED as specified under Subparagraphs 2-201.12(A)(2)
or (F)(1) or who was RESTRICTED under Subparagraph
2-201.12(F)(2) if the PERSON IN CHARGE obtains APPROVAL from
the REGULATORY AUTHORITY and one of the following conditions
is met:
(1)
The EXCLUDED or RESTRICTED FOOD EMPLOYEE provides to
the PERSON IN CHARGE written medical documentation from a
HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free
of an infection from SHIGA TOXIN-PRODUCING ESCHERICHIA
COLI
based on test results that show 2 consecutive negative
stool specimen cultures that are taken:
47
(a)
Not earlier than 48 hours after discontinuance of
antibiotics;
P
and
(b)
At least 24 hours apart;
P
(2)
The FOOD EMPLOYEE was EXCLUDED or RESTRICTED after
symptoms of vomiting or diarrhea resolved and more than 7
calendar days have passed since the FOOD EMPLOYEE
became ASYMPTOMATIC;
P
or
(3)
The FOOD EMPLOYEE was EXCLUDED or RESTRICTED and
did not develop symptoms and more than 7 days have
passed since the FOOD EMPLOYEE was diagnosed.
P
nontyphoidal Salmonella - removing exclusion or restriction
(G) Reinstate a food employee who was EXCLUDED as specified
under Subpargraph 2-201.12(A)(2) or who was RESTRICTED as
specified under ¶ 2-201.12(G) if the PERSON IN CHARGE obtains
APPROVAL from the REGULATORY AUTHORITY
P
and one of the
following conditions is met:
(1)
The EXCLUDED or RESTRICTED FOOD EMPLOYEE provides to
the PERSON IN CHARGE written medical documentation from a
HEALTH PRACTITIONER stating that the FOOD EMPLOYEE is free
of a Salmonella (nontyphoidal) infection based on test
results showing 2 consecutive negative stool specimen
cultures that are taken;
(a)
Not earlier than 48 hours after discontinuance of
antibiotics,
P
and
(b)
At least 24 hours apart;
P
(2)
The FOOD EMPLOYEE was RESTRICTED after symptoms of
vomiting or diarrhea resolved, and more than 30 days have
passed since the FOOD EMPLOYEE became ASYMPTOMATIC;
P
or
(3)
The FOOD EMPLOYEE was EXCLUDED or RESTRICTED and
did not develop symptoms and more than 30 days have
passed since the FOOD EMPLOYEE was diagnosed.
P
sore throat with fever - removing exclusion or restriction
48
(H) Reinstate a FOOD EMPLOYEE who was EXCLUDED or
RESTRICTED as specified under Subparagraphs 2-201.12(H)(1)
or (2) if the FOOD EMPLOYEE provides to the PERSON IN CHARGE
written medical documentation from a HEALTH PRACTITIONER
stating that the FOOD EMPLOYEE meets one of the following
conditions:
(1)
Has received antibiotic therapy for Streptococcus
pyogenes infection for more than 24 hours;
P
(2)
Has at least one negative throat specimen culture for
Streptococcus pyogenes infection;
P
or
(3)
Is otherwise determined by a HEALTH PRACTITIONER to be
free of a Streptococcus pyogenes infection.
P
uncovered infected wound or pustular boil - removing restriction
(I) Reinstate a FOOD EMPLOYEE who was RESTRICTED as
specified under ¶ 2-201.12(I) if the skin, infected wound, cut, or
pustular boil is properly covered with one of the following:
(1)
An impermeable cover such as a finger cot or stall and a
single-use glove over the impermeable cover if the infected
wound or pustular boil is on the hand, finger, or wrist;
P
(2)
An impermeable cover on the arm if the infected wound
or pustular boil is on the arm;
P
or
(3)
A dry, durable, tight-fitting bandage if the infected wound
or pustular boil is on another part of the body.
P
exposure to foodborne pathogen and works in food establishment serving HSP –
removing restriction
(J) Reinstate a FOOD EMPLOYEE who was RESTRICTED as
specified under ¶ 2-201.12(J) and was exposed to one of the
following pathogens as specified under Subparagraph
2-201.11(A)(4)(a-d) or 2-201.11(A)(5)(a-d):
Norovirus
49
(1)
Norovirus and one of the following conditions is met:
(a)
More than 48 hours have passed since the last day
the FOOD EMPLOYEE was potentially exposed;
P
or
(b)
More than 48 hours have passed since the FOOD
EMPLOYEE
’S household contact became ASYMPTOMATIC.
P
Shigella spp. or STEC
(2)
Shigella spp. or SHIGA TOXIN-PRODUCING ESCHERICHIA
COLI
and one of the following conditions is met:
(a)
More than 3 calendar days have passed since the
last day the FOOD EMPLOYEE was potentially exposed;
P
or
(b)
More than 3 calendar days have passed since the
FOOD EMPLOYEE’S household contact became
ASYMPTOMATIC.
P
Typhoid fever (S. Typhi)
(3)
Typhoid fever (caused by Salmonella Typhi) and one of
the following conditions is met:
(a)
More than 14 calendar days have passed since the
last day the FOOD EMPLOYEE was potentially exposed;
P
or
(b)
More than 14 calendar days have passed since the
FOOD EMPLOYEE’S household contact became
ASYMPTOMATIC.
P
hepatitis A
(4)
Hepatitis A virus and one of the following conditions is
met:
(a)
The FOOD EMPLOYEE is immune to hepatitis A virus
infection because of a prior illness from hepatitis A;
P
50
(b)
The FOOD EMPLOYEE is immune to hepatitis A virus
infection because of vaccination against hepatitis A;
P
(c)
The FOOD EMPLOYEE is immune to hepatitis A virus
infection because of IgG administration;
P
(d)
More than 30 calendar days have passed since the
last day the FOOD EMPLOYEE was potentially exposed;
P
(e)
More than 30 calendar days have passed since the
FOOD EMPLOYEE’S household contact became jaundiced;
P
or
(f)
The FOOD EMPLOYEE does not use an alternative
procedure that allows bare hand contact with READY-TO-
EAT FOOD until at least 30 days after the potential
exposure, as specified in Subparagraphs (I)(4)(d) and
(e)
of this section, and the FOOD EMPLOYEE receives
additional training about:
(i)
Hepatitis A symptoms and preventing the
transmission of infection,
P
(ii)
Proper handwashing procedures,
P
and
(iii)
Protecting READY-TO-EAT FOOD from
contamination introduced by bare hand contact.
P
51
Hands and Arms
2-301.11 Clean Condition.
FOOD EMPLOYEES shall keep their hands and exposed portions of
their arms clean.
P
2-301.12 Cleaning Procedure.
(A)
Except as specified in ¶ (D) of this section, FOOD EMPLOYEES
shall clean their hands and exposed portions of their arms,
including surrogate prosthetic devices for hands or arms for at least
20 seconds, using a cleaning compound in a HANDWASHING SINK
that is equipped as specified under § 5-202.12 and Subpart 6-301.
P
(B)
FOOD EMPLOYEES shall use the following cleaning procedure in
the order stated to clean their hands and exposed portions of their
arms, including surrogate prosthetic devices for hands and arms:
(1)
Rinse under clean, running warm water;
P
(2)
Apply an amount of cleaning compound recommended by
the cleaning compound manufacturer;
P
(3)
Rub together vigorously for at least 10 to 15 seconds while:
(a)
Paying particular attention to removing soil from
underneath the fingernails during the cleaning procedure,
P
and
2-3
PERSONAL CLEANLINESS
Subparts
2-301
2
-302
2
-303
2-304
Hands and Arms
Fingernails
Jewelry
Outer Clothing
52
(b)
Creating friction on the surfaces of the hands and arms
or surrogate prosthetic devices for hands and arms, finger
tips, and areas between the fingers;
P
(4)
Thoroughly rinse under clean, running warm water;
P
and
(5)
Immediately follow the cleaning procedure with thorough
drying using a method as specified under § 6-301.12.
P
(C)
TO avoid recontaminating their hands or surrogate prosthetic
devices, FOOD EMPLOYEES may use disposable paper towels or
similar clean barriers when touching surfaces such as manually
operated faucet handles on a HANDWASHING SINK or the handle of a
restroom door.
(D)
If APPROVED and capable of removing the types of soils
encountered in the FOOD operations involved, an automatic
handwashing facility may be used by FOOD EMPLOYEES to clean their
hands or surrogate prosthetic devices.
2-301.13 Special Handwash Procedures.
Reserved.
2-301.14 When to Wash.
FOOD EMPLOYEES shall clean their hands and exposed portions of
their arms as specified under § 2-301.12 immediately before
engaging in FOOD preparation including working with exposed FOOD,
clean EQUIPMENT and UTENSILS, and unwrapped SINGLE-SERVICE and
SINGLE-USE ARTICLES
P
and:
(A)
After touching bare human body parts other than clean
hands and clean, exposed portions of arms;
P
(B)
After using the toilet room;
P
(C)
After caring for or handling SERVICE ANIMALS or aquatic
animals as specified in ¶ 2-403.11(B);
P
(D)
Except as specified in ¶ 2-401.11(B), after coughing,
sneezing, using a handkerchief or disposable tissue, using
tobacco, eating, or drinking;
P
53
(E)
After handling soiled EQUIPMENT or UTENSILS;
P
(F)
During FOOD preparation, as often as necessary to remove
soil and contamination and to prevent cross contamination
when changing tasks;
P
(G)
When switching between working with raw FOOD and
working with READY-TO-EAT FOOD;
P
(H)
Before donning gloves to initiate a task that involves
working with FOOD;
P
and
(I)
After engaging in other activities that contaminate the
hands.
P
2-301.15 Where to Wash.
FOOD EMPLOYEES shall clean their hands in a HANDWASHING SINK or
APPROVED automatic handwashing facility and may not clean their
hands in a sink used for FOOD preparation or WAREWASHING, or in a
service sink or a curbed cleaning facility used for the disposal of
mop water and similar liquid waste.
Pf
2-301.16 Hand Antiseptics.
(A) A hand antiseptic used as a topical application, a hand
antiseptic solution used as a hand dip, or a hand antiseptic soap
shall:
(1)
Comply with one of the following:
(a)
Be an APPROVED drug that is listed in the FDA publication
Approved Drug Products with Therapeutic Equivalence
Evaluations as an APPROVED drug based on safety and
effectiveness;
Pf
or
(b)
Have active antimicrobial ingredients that are listed in the
FDA monograph for OTC Health-Care Antiseptic Drug
Products as an antiseptic handwash,
Pf
and
(2)
Consist only of components which the intended use of each
complies with one of the following:
54
(a)
A threshold of regulation exemption under 21 CFR
170.39 - Threshold of regulation for substances used in
FOOD-contact articles;
Pf
or
(b)
21 CFR 178 - Indirect FOOD Additives: Adjuvants,
Production Aids, and Sanitizers as regulated for use as a
FOOD ADDITIVE with conditions of safe use,
Pf
or
(c)
A determination of generally recognized as safe (GRAS).
Partial listings of substances with FOOD uses that are GRAS
may be found in 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 in FDA’s Inventory
of GRAS Notices,
Pf
or
(d)
A prior sanction listed under 21 CFR 181 – Prior
Sanctioned FOOD Ingredients,
Pf
or
(e)
a FOOD Contact Notification that is effective,
PF
and
(3)
Be applied only to hands that are cleaned as specified under
§ 2-301.12.
Pf
(B) If a hand antiseptic or a hand antiseptic solution used as a hand
dip does not meet the criteria specified under Subparagraph (A)(2)
of this section, use shall be:
(1)
Followed by thorough hand rinsing in clean water before
hand contact with FOOD or by the use of gloves;
Pf
or
(2)
Limited to situations that involve no direct contact with FOOD
by the bare hands.
Pf
(C) A hand antiseptic solution used as a hand dip shall be
maintained clean and at a strength equivalent to at least 100 MG/L
chlorine.
Pf
55
Fingernails
2-302.11 Maintenance.
(A) FOOD EMPLOYEES shall keep their fingernails trimmed, filed, and
maintained so the edges and surfaces are cleanable and not rough.
Pf
(B) Unless wearing intact gloves in good repair, a FOOD EMPLOYEE
may not wear fingernail polish or artificial fingernails when working
with exposed FOOD.
Pf
81-2,272.32 Food employee; fingernail requirements.
(1) Except as provided under subsection (2) of this section, a food employee shall
keep his or her fingernails trimmed, filed, and maintained so the edges and
surfaces are cleanable and not rough. Unless wearing intact gloves in good
condition, a food employee shall not wear fingernail polish or artificial
fingernails when working with exposed food.
(2) This section does not apply to a food employee such as a counter staff person
who only serves beverages and wrapped or packaged foods, a host staff
person, or a wait staff person if he or she presents a minimal risk of
contaminating exposed food, clean equipment, utensils, and linens, and
unwrapped single-service and single-use articles.
Jewelry
2-303.11 Prohibition.
Except for a plain ring such as a wedding band, while preparing
FOOD, FOOD EMPLOYEES may not wear jewelry including medical
information jewelry on their arms and hands.
Outer Clothing
2-304.11 Clean Condition.
Food employees shall wear clean outer clothing to prevent
contamination of food, equipment, utensils, linens, and single-
service and single-use articles.
56
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.
2-401.13 Use of Bandages, Finger Cots, or Finger Stalls
If used, an impermeable cover such as a bandage, finger cot or
finger stall located on the wrist, hand or finger of a FOOD EMPLOYEE
working with exposed FOOD shall be covered with a single-use
glove.
2-4
HYGIENIC PRACTICES
Subparts
2-401
2
-402
2-403
Food Contamination Prevention
Hair Restraints
Animals
57
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).
Pf
(B)
FOOD EMPLOYEES with SERVICE ANIMALS may handle or care for
their SERVICE ANIMALS and FOOD EMPLOYEES may handle or care for
FISH in aquariums or MOLLUSCAN SHELLFISH or crustacea in display
tanks if they wash their hands as specified under § 2-301.12 and
¶ 2-301.14(C).
2-501.11 Clean-up of Vomiting and Diarrheal Events.
A FOOD ESTABLISHMENT shall have written procedures for EMPLOYEES
to follow when responding to vomiting or diarrheal events that
involve the discharge of vomitus or fecal matter onto surfaces in the
FOOD ESTABLISHMENT. The procedures shall address the specific
2-5
RESPONDING TO CONTAMINATION EVENTS
Subpart
2-501
Procedures for Responding
58
actions EMPLOYEES must take to minimize the spread of
contamination and the exposure of EMPLOYEES, consumers, FOOD,
and surfaces to vomitus or fecal matter.
Pf
59
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
Condition
3-101.11 Safe, Unadulterated, and Honestly Presented.
FOOD shall be safe, unADULTERATED, and, as specified under
§ 3-601.12, honestly presented.
P
Chapter
3
Food
3-1
CHARACTERISTICS
Subparts
3-101
Condition
60
Sources
3-201.11 Compliance with Food Law.
(A) FOOD shall be obtained from sources that comply with LAW.
P
(B) FOOD prepared in a private home may not be used or offered for
human consumption in a FOOD ESTABLISHMENT.
P
(C) PACKAGED FOOD shall be labeled as specified in LAW, including
21 CFR 101 FOOD Labeling, 9 CFR 317 Labeling, Marking Devices,
and Containers, and 9 CFR 381 Subpart N Labeling and
Containers, and as specified under §§ 3-202.17 and 3-202.18.
Pf
(D) FISH, other than those specified in paragraph 3-402.11(B), that
are intended for consumption in raw or undercooked form and
allowed as specified in paragraph 3-401.11(D), may be offered for
sale or service if they are obtained from a supplier that freezes the
FISH as specified under § 3-402.11; or if they are frozen on the
PREMISES as specified under § 3-402.11 and records are retained
as specified under § 3-402.12.
(E) WHOLE-MUSCLE, INTACT BEEF steaks that are intended for
consumption in an undercooked form without a CONSUMER advisory
as specified in ¶ 3-401.11(C) shall be:
(1)
Obtained from a FOOD PROCESSING PLANT that, upon request
by the purchaser, packages the steaks and labels them, to
indicate that the steaks meet the definition of WHOLE-MUSCLE,
INTACT BEEF,
Pf
or
(2)
Deemed acceptable by the REGULATORY AUTHORITY based
on other evidence, such as written buyer specifications or
invoices, that indicates that the steaks meet the definition of
WHOLE-MUSCLE, INTACT BEEF,
Pf
and
3-2
SOURCES, SPECIFICATIONS, AND ORIGINAL CONTAINERS AND
RECORDS
Subparts
3-201
3
-202
3-203
Sources
Specifications for Receiving
Original Containers and Records
61
(3)
If individually cut in a FOOD ESTABLISHMENT:
(a)
Cut from WHOLE-MUSCLE INTACT BEEF that is labeled by a
FOOD PROCESSING PLANT as specified in Subparagraph
(E)(1) of this section or identified as specified in
Subparagraph (E)(2) of this section,
P
(b)
Prepared so they remain intact,
Pf
and
(c)
If PACKAGED for undercooking in a FOOD ESTABLISHMENT,
labeled as specified in Subparagraph (E)(1) of this section
or identified as specified in (E)(2) of this section.
Pf
(F) MEAT and POULTRY that is not a READY-TO-EAT FOOD and is in a
PACKAGED form when it is offered for sale or otherwise offered for
consumption, shall be labeled to include safe handling instructions
as specified in LAW, including 9 CFR 317.2(l) and 9 CFR
381.125(b).
(G) EGGS that have not been specifically treated to destroy all
viable Salmonellae shall be labeled to include safe handling
instructions as specified in LAW, including 21 CFR 101.17(h).
3-201.12 Food in a Hermetically Sealed Container.
FOOD in a HERMETICALLY SEALED CONTAINER shall be obtained from a
FOOD PROCESSING PLANT that is regulated by the FOOD regulatory
agency that has jurisdiction over the plant.
P
3-201.13 Fluid Milk and Milk Products.
Fluid milk and milk products shall be obtained from sources that
comply with GRADE A STANDARDS as specified in LAW.
P
3-201.14 Fish.
(A) FISH that are received for sale or service shall be:
(1)
Commercially and legally caught or harvested;
P
or
(2)
APPROVED for sale or service.
P
62
(B) MOLLUSCAN SHELLFISH that are recreationally caught may not be
received for sale or service.
P
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.
P
(B) MOLLUSCAN SHELLFISH received in interstate commerce shall be
from sources that are listed in the Interstate Certified Shellfish
Shippers List.
P
3-201.16 Wild Mushrooms.
(A)
Except as specified in ¶ (B) of this section, mushroom species
picked in the wild shall not be offered for sale or service by a FOOD
ESTABLISHMENT
unless the FOOD ESTABLISHMENT has been APPROVED
to do so.
P
(B)
This section does not apply to:
(1)
Cultivated wild mushroom species that are grown,
harvested, and processed in an operation that is regulated by
the FOOD regulatory agency that has jurisdiction over the
operation; or
(2)
Wild mushroom species if they are in packaged form and are
the product of a FOOD PROCESSING PLANT that is regulated by the
FOOD regulatory agency that has jurisdiction over the plant.
3-201.17 Game Animals.
(A) If GAME ANIMALS are received for sale or service they shall be:
(1)
Commercially raised for FOOD
P
and:
(a)
Raised, slaughtered, and processed under a voluntary
inspection program that is conducted by the agency that has
animal health jurisdiction,
P
or
63
(b)
Under a routine inspection program conducted by a
regulatory agency other than the agency that has animal
health jurisdiction,
P
and
(c)
Raised, 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,
P
and
(ii)
Requirements which are developed by the agency
that has animal health jurisdiction and the agency that
conducts the inspection program with consideration of
factors such as the need for antemortem and postmortem
examination by an APPROVED veterinarian or
veterinarian’s designee;
P
(2)
Under a voluntary inspection program administered by the
USDA for game animals such as exotic animals (reindeer, elk,
deer, antelope, water buffalo, or bison) that are "inspected and
APPROVED" in accordance with 9 CFR 352 Exotic Animals;
Voluntary Inspection or rabbits that are "inspected and certified"
in accordance with 9 CFR 354 Voluntary Inspection of Rabbits
and Edible Products Thereof;
P
(3)
As allowed by LAW, for wild GAME ANIMALS that are live-
caught:
(a)
Under a routine inspection program conducted by a
regulatory agency such as the agency that has animal health
jurisdiction,
P
and
(b)
Slaughtered and processed according to:
(i)
LAWS governing MEAT and POULTRY as determined by
the agency that has animal health jurisdiction and the
agency that conducts the inspection program,
P
and
(ii)
Requirements which are developed by the agency
that has animal health jurisdiction and the agency that
conducts the inspection program with consideration of
factors such as the need for antemortem and postmortem
examination by an APPROVED veterinarian or
veterinarian’s designee;
P
or
64
(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,
P
or
(b)
Are field-dressed and transported according to
requirements specified by the agency that has animal health
jurisdiction and the agency that conducts the inspection
program,
P
and
(c)
Are processed according to LAWS governing MEAT and
POULTRY as determined by the agency that has animal health
jurisdiction and the agency that conducts the inspection
program.
P
(B) A GAME ANIMAL may not be received for sale or service if it is a
species of wildlife that is listed in 50 CFR 17 Endangered and
threatened wildlife and plants.
Specifications for Receiving
3-202.11 Temperature.
(A)
Except as specified in ¶ (B) of this section, refrigerated,
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be at a
temperature of 5
o
C (41
o
F) or below when received.
P
(B)
If a temperature other than 5°C (41°F) for a TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD
is specified in LAW governing its
distribution, such as LAWS governing milk and MOLLUSCAN
SHELLFISH
, the FOOD may be received at the specified temperature.
(C)
Raw EGGS shall be received in refrigerated equipment that
maintains an ambient air temperature of 7
o
C (45
o
F) or less.
P
(D)
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is cooked to a
temperature and for a time specified under §§ 3-401.11 - 3-401.13
and received hot shall be at a temperature of 57
o
C (135
o
F) or
above.
P
(E)
A FOOD that is labeled frozen and shipped frozen by a FOOD
PROCESSING PLANT
shall be received frozen.
Pf
65
(F)
Upon receipt, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
shall be free of evidence of previous temperature abuse.
Pf
3-202.12 Additives.
FOOD may not contain unAPPROVED FOOD ADDITIVES or ADDITIVES
that exceed amounts specified in 21 CFR 170-180 relating to FOOD
ADDITIVES
, generally recognized as safe or prior sanctioned
substances that exceed amounts specified in 21 CFR 181-186,
substances that exceed amounts specified in 9 CFR Subpart C
Section 424.21(b) Food ingredients and sources of radiation, or
pesticide residues that exceed provisions specified in 40 CFR 180
Tolerances for pesticides chemicals in food, and exceptions.
P
3-202.13 Eggs.
EGGS shall be received clean and sound and may not exceed the
restricted EGG tolerances for U.S. Consumer Grade B as specified
in United States Standards, Grades, and Weight Classes for Shell
Eggs, AMS 56.200 et seq., administered by the Agricultural
Marketing Service of USDA.
P
3-202.14 Eggs and Milk Products, Pasteurized.
(A) EGG PRODUCTS shall be obtained pasteurized.
P
(B) Fluid and dry milk and milk products shall:
(1)
Be obtained pasteurized;
P
and
(2)
Comply with GRADE A STANDARDS as specified in LAW.
P
(C) Frozen milk products, such as ice cream, shall be obtained
pasteurized as specified in 21 CFR 135 - Frozen desserts.
P
(D) Cheese shall be obtained pasteurized unless alternative
procedures to pasteurization are specified in the CFR, such as
21 CFR 133 - Cheeses and related cheese products, for curing
certain cheese varieties.
P
66
3-202.15 Package Integrity.
FOOD packages shall be in good condition and protect the integrity
of the contents so that the FOOD is not exposed to ADULTERATION or
potential contaminants.
Pf
3-202.16 Ice.
Ice for use as a FOOD or a cooling medium shall be made from
DRINKING WATER.
P
3-202.17 Shucked Shellfish, Packaging and Identification.
(A) Raw SHUCKED SHELLFISH shall be obtained in nonreturnable
packages which bear a legible label that identifies the:
Pf
(1)
Name, address, and CERTIFICATION NUMBER of the shucker,
packer or repacker of the MOLLUSCAN SHELLFISH;
Pf
and
(2)
The "sell by" or "best if used by" date for packages with a
capacity of less than 1.89 L (one-half gallon) or the date
shucked for packages with a capacity of 1.89 L (one-half gallon)
or more.
Pf
(B) A package of raw SHUCKED SHELLFISH that does not bear a label
or which bears a label which does not contain all the information as
specified under ¶ (A) of this section shall be subject to a hold order,
as allowed by LAW, or seizure and destruction in accordance with
21 CFR Subpart D - Specific Administrative Decisions Regarding
Interstate Shipments, Section 1240.60(d) Molluscan shellfish.
3-202.18 Shellstock Identification.
(A) SHELLSTOCK shall be obtained in containers bearing legible
source identification tags or labels that are affixed by the harvester
or DEALER that depurates, ships, or reships the SHELLSTOCK, as
specified in the National Shellfish Sanitation Program Guide for the
Control of Molluscan Shellfish, and that list:
Pf
67
(1)
Except as specified under ¶ (C) of this section, on the
harvester's tag or label, the following information in the following
order:
Pf
(a)
The harvester's identification number that is assigned by
the SHELLFISH CONTROL AUTHORITY,
Pf
(b)
The date of harvesting,
Pf
(c)
The most precise identification of the harvest location or
aquaculture site that is practicable based on the system of
harvest area designations that is in use by the SHELLFISH
CONTROL AUTHORITY
and including the abbreviation of the
name of the state or country in which the shellfish are
harvested,
Pf
(d)
The type and quantity of shellfish,
Pf
and
(e)
The following statement in bold, capitalized type: "This
tag is required to be attached until container is empty or
retagged and thereafter kept on file for 90 days”;
Pf
and
(2)
Except as specified in ¶ (D) of this section, on each
DEALER'S tag or label, the following information in the following
order:
Pf
(a)
The DEALER'S name and address, and the CERTIFICATION
NUMBER
assigned by the SHELLFISH CONTROL AUTHORITY,
Pf
(b)
The original shipper's CERTIFICATION NUMBER including the
abbreviation of the name of the state or country in which the
shellfish are harvested,
Pf
(c)
The same information as specified for a harvester's tag
under Subparagraphs (A)(1)(b)-(d) of this section,
Pf
and
(d)
The following statement in bold, capitalized type: "This
tag is required to be attached until container is empty and
thereafter kept on file for 90 days."
Pf
68
(B) A container of SHELLSTOCK that does not bear a tag or label or
that bears a tag or label that does not contain all the information as
specified under ¶ (A) of this section shall be subject to a hold order,
as allowed by LAW, or seizure and destruction in accordance with
21 CFR Subpart D - Specific Administrative Decisions Regarding
Interstate Shipments, Section 1240.60(d).
(C) If a place is provided on the harvester's tag or label for a
DEALER's name, address, and CERTIFICATION NUMBER, the DEALER's
information shall be listed first.
(D) If the harvester's tag or label is designed to accommodate each
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.
Commercially Processed
3-202.110 Juice Treated.
Pre-PACKAGED JUICE shall:
(A)
Be obtained from a processor with a HACCP system as
specified in 21 CFR Part 120 Hazard Analysis and Critical
Control (HACCP) Systems;
Pf
and
(B)
Be obtained pasteurized or otherwise treated to attain a
5-log reduction of the most resistant microorganism of public
health significance as specified in 21 CFR Part 120.24 Process
Controls.
P
69
Original Containers and Records
3-203.11 Molluscan Shellfish, Original Container.
(A)
Except as specified in ¶¶ (B) - (D) of this section, MOLLUSCAN
SHELLFISH
may not be removed from the container in which they are
received other than immediately before sale or preparation for
service.
(B)
For display purposes, SHELLSTOCK may be removed from the
container in which they are received, displayed on drained ice, or
held in a display container, and a quantity specified by a CONSUMER
may be removed from the display or display container and provided
to the CONSUMER if:
(1)
The source of the SHELLSTOCK on display is identified as
specified under § 3-202.18 and recorded as specified under
§ 3-203.12; and
(2)
The SHELLSTOCK are protected from contamination.
(C)
SHUCKED SHELLFISH may be removed from the container in
which they were received and held in a display container from
which individual servings are dispensed upon a CONSUMER'S
request if:
(1)
The labeling information for the shellfish on display as
specified under § 3-202.17 is retained and correlated to the date
when, or dates during which, the shellfish are sold or served;
and
(2)
The shellfish are protected from contamination.
(D)
SHUCKED SHELLFISH may be removed from the container in
which they were received and repacked in CONSUMER self service
containers where allowed by LAW if:
(1)
The labeling information for the shellfish is on each
CONSUMER self service container as specified under § 3-202.17
and ¶¶ 3-602.11(A) and (B)(1) - (5);
(2)
The labeling information as specified under § 3-202.17 is
retained and correlated with the date when, or dates during
which, the shellfish are sold or served;
70
(3)
The labeling information and dates specified under
Subparagraph (D)(2) of this section are maintained for 90 days;
and
(4)
The shellfish are protected from contamination.
3-203.12 Shellstock, Maintaining Identification.
(A)
Except as specified under Subparagraph (C) (2) of this section,
SHELLSTOCK tags or labels shall remain attached to the container in
which the SHELLSTOCK are received until the container is empty.
Pf
(B)
The date when the last SHELLSTOCK from the container is sold or
served shall be recorded on the tag or label.
Pf
(C)
The identity of the source of SHELLSTOCK that are sold or served
shall be maintained by retaining SHELLSTOCK tags or labels for 90
calendar days from the date that is recorded on the tag or label, as
specified under ¶ B of this section, by:
Pf
(1)
Using an APPROVED record keeping system that keeps the
tags or labels in chronological order correlated to the date that is
recorded on the tag or label, as specified under ¶ B of this
section;
Pf
and
(2)
If SHELLSTOCK are removed from its tagged or labeled
container:
(a)
Preserving source identification by using a record
keeping system as specified under Subparagraph (C)(1) of
this section,
Pf
and
(b)
Ensuring that SHELLSTOCK from one tagged or labeled
container are not COMMINGLED with SHELLSTOCK from another
container with different CERTIFICATION NUMBERS; different
harvest dates; or different growing areas as identified on the
tag or label before being ordered by the CONSUMER.
Pf
71
Preventing Contamination by Employees
3-301.11 Preventing Contamination from Hands.
(A) FOOD EMPLOYEES shall wash their hands as specified under § 2-301.12
81-2,272.10. (Replaces 2017 Food Code 3-301.11 (B), (C), (D) and (E) Preventing Contamination
from Hands)
(1) Food employees shall wash their hands as specified in the Nebraska Pure Food Act.
P
(2) Food employees shall be trained to wash their hands as specified in the act.
(3) Except when washing fruits and vegetables, food employees shall minimize bare hand and arm
contact with exposed food. This may be accomplished with the use of suitable utensils such as deli
tissues, spatulas, tongs, single-use gloves, or dispensing equipment.
P
(4) Food employees not serving a highly susceptible population may contact exposed, ready-to-eat
food with their bare hands if they have washed their hands as specified in the act prior to handling the
food.
P
3-301.12 Preventing Contamination When Tasting.
A FOOD EMPLOYEE may not use a UTENSIL more than once to taste
FOOD that is to be sold or served.
P
Preventing Food and Ingredient Contamination
3-302.11 Packaged and Unpackaged Food - Separation,
Packaging, and Segregation.
3-3
PROTECTION FROM CONTAMINATION AFTER RECEIVING
Subparts
3-301
3
-302
3
-303
3
-304
3
-305
3
-306
3-307
Preventing Contamination by Employees
Preventing Food and Ingredient Contamination
Preventing Contamination from Ice Used as a
Coolant
Preventing Contamination from Equipment,
Utensils, and
Linens
Preventing Contamination from the Premises
Preventing Contamination by Consumers
Preventing Contamination from Other Sources
72
(A) FOOD shall be protected from cross contamination by:
(1)
Except as specified in (1)(d) below, separating raw animal
FOODS during storage, preparation, holding, and display from:
(a)
Raw READY-TO-EAT FOOD including other raw animal
FOOD such as FISH for sushi or MOLLUSCAN SHELLFISH, or
other raw READY-TO-EAT FOOD such as fruits and
vegetables,
P
(b)
Cooked READY-TO-EAT FOOD,
P
and
(c)
Fruits and vegetables before they are washed;
P
(d)
Frozen, commercially processed and packaged raw
animal FOOD may be stored or displayed with or above
frozen, commercially processed and packaged, ready-to-eat
food.
(2)
Except when combined as ingredients, separating types of
raw animal FOODS from each other such as beef, FISH, lamb,
pork, and POULTRY during storage, preparation, holding, and
display by:
(a)
Using separate EQUIPMENT for each type,
P
or
(b)
Arranging each type of FOOD in EQUIPMENT so that cross
contamination of one type with another is prevented,
P
and
(c)
Preparing each type of FOOD at different times or in
separate areas;
P
(3)
Cleaning EQUIPMENT and UTENSILS as specified under
4-602.11(A) and SANITIZING as specified under § 4-703.11;
(4)
Except as specified under Subparagraph 3-501.15(B)(2)
and in ¶ (B) of this section, storing the FOOD in packages,
covered containers, or wrappings;
(5)
Cleaning HERMETICALLY SEALED CONTAINERS of FOOD of
visible soil before opening;
(6)
Protecting FOOD containers that are received packaged
together in a case or overwrap from cuts when the case or
overwrap is opened;
(7)
Storing damaged, spoiled, or recalled FOOD being held in
73
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.
Except for containers holding FOOD that can be readily and
unmistakably recognized such as dry pasta, working containers
holding FOOD or FOOD ingredients that are removed from their
original packages for use in the FOOD ESTABLISHMENT, such as
cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall
be identified with the common name of the FOOD.
3-302.13 Pasteurized Eggs, Substitute for Raw Eggs for
Certain Recipes.
Pasteurized EGGS or EGG PRODUCTS shall be substituted for raw
EGGS in the preparation of FOODS such as Caesar salad,
hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog,
ice cream, and EGG-fortified BEVERAGES that are not:
P
(A)
Cooked as specified under Subparagraphs 3-401.11(A)(1)
or (2);
P
or
(B)
Included in ¶ 3-401.11(D).
P
74
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;
P
and
(2)
Unsafe or unAPPROVED levels of APPROVED FOOD and COLOR
ADDITIVES
.
P
(B) A FOOD EMPLOYEE may not:
(1)
Apply sulfiting agents to fresh fruits and vegetables intended
for raw consumption or to a FOOD considered to be a good
source of vitamin B
1
;
P
or
(2)
Except for grapes, serve or sell FOOD specified under
Subparagraph (B)(1) of this section that is treated with sulfiting
agents before receipt by the FOOD ESTABLISHMENT.
P
3-302.15 Washing Fruits and Vegetables.
(A) Except as specified in ¶ (B) of this section and except for whole,
raw fruits and vegetables that are intended for washing by the
CONSUMER before consumption, raw fruits and vegetables shall be
thoroughly washed in water to remove soil and other contaminants
before being cut, combined with other ingredients, cooked, served,
or offered for human consumption in READY-TO-EAT form.
(B) Fruits and vegetables may be washed by using chemicals as
specified under § 7-204.12.
(C) Devices used for on-site generation of chemicals meeting the
requirements specified in 21 CFR 173.315, Chemicals used in the
washing or to assist in the peeling of fruits and vegetables, for the
washing of raw, whole fruits and vegetables shall be used in
accordance with the manufacturer’s instructions.
Pf
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.
P
75
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.
(C) Whole, raw fruits or vegetables; cut, raw vegetables such as
celery or carrot sticks or cut potatoes; and tofu may be immersed in
ice or water.
(D) Raw poultry and raw FISH that are received immersed in ice in
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:
(A) EQUIPMENT and UTENSILS that are cleaned as specified
under Part 4-6 of this Code and SANITIZED as specified under
Part 4-7 of this Code;
P
(B) SINGLE-SERVICE and SINGLE-USE ARTICLES;
P
or
(C) LINENS, such as cloth napkins, as specified under § 3-
304.13 that are laundered as specified under Part 4-8 of this
Code.
P
3-304.12 In-Use Utensils, Between-Use Storage.
During pauses in FOOD preparation or dispensing, FOOD preparation
and dispensing UTENSILS shall be stored:
(A)
Except as specified under ¶ (B) of this section, in the FOOD
with their handles above the top of the FOOD and the container;
(B)
In FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY
76
FOOD with their handles above the top of the FOOD within
containers or EQUIPMENT that can be closed, such as bins of
sugar, flour, or cinnamon;
(C)
On a clean portion of the FOOD preparation table or cooking
EQUIPMENT only if the in-use UTENSIL and the FOOD-CONTACT
surface of the FOOD preparation table or cooking EQUIPMENT are
cleaned and SANITIZED at a frequency specified under
§§ 4-602.11 and 4-702.11;
(D)
In running water of sufficient velocity to flush particulates to
the drain, if used with moist FOOD such as ice cream or mashed
potatoes;
(E)
In a clean, protected location if the UTENSILS, such as
ice scoops, are used only with a FOOD that is not
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD; or
(F)
In a container of water if the water is maintained at a
temperature of at least 57
o
C (135
o
F) and the container is
cleaned at a frequency specified under Subparagraph 4-
602.11(D)(7).
3-304.13 Linens and Napkins, Use Limitation.
LINENS, such as cloth napkins, may not be used in contact with
FOOD unless they are used to line a container for the service of
FOODS and the LINENS and napkins are replaced each time the
container is refilled for a new CONSUMER.
3-304.14 Wiping Cloths, Use Limitation.
(A)
Cloths in-use for wiping FOOD spills from TABLEWARE and carry-
out containers that occur as FOOD is being served shall be:
(1)
Maintained dry; and
(2)
Used for no other purpose.
(B)
Cloths in-use for wiping counters and other EQUIPMENT surfaces
shall be:
(1)
Held between uses in a chemical sanitizer solution at a
concentration specified under § 4-501.114; and
77
(2)
Laundered daily as specified under ¶ 4-802.11(D).
(C)
Cloths in-use for wiping surfaces in contact with raw animal
FOODS shall be kept separate from cloths used for other purposes.
(D)
Dry wiping cloths and the chemical sanitizing solutions specified
in Subparagraph (B)(1) of this section in which wet wiping cloths
are held between uses shall be free of FOOD debris and visible soil.
(E)
Containers of chemical sanitizing solutions specified in
Subparagraph (B)(1) of this section in which wet wiping
cloths are held between uses shall be stored off the floor
and used in a manner that prevents contamination of
FOOD, EQUIPMENT, UTENSILS, LINENS, SINGLE-SERVICE, or
SINGLE-USE ARTICLES.
(F)
SINGLE-USE disposable sanitizer wipes shall be used in
accordance with EPA-approved manufacturer’s label use
instructions.
3-304.15 Gloves, Use Limitation.
(A) If used, SINGLE-USE gloves shall be used for only one task such
as working with READY-TO-EAT FOOD or with raw animal FOOD, used
for no other purpose, and discarded when damaged or soiled, or
when interruptions occur in the operation.
P
(B) Except as specified in ¶ (C) of this section, slash-resistant
gloves that are used to protect the hands during operations
requiring cutting shall be used in direct contact only with FOOD that
is subsequently cooked as specified under Part 3-4 such as frozen
FOOD or a PRIMAL CUT of MEAT.
(C) Slash-resistant gloves may be used with READY-TO-EAT FOOD
that will not be subsequently cooked if the slash-resistant gloves
have a SMOOTH, durable, and nonabsorbent outer surface; or if the
slash-resistant gloves are covered with a SMOOTH, durable,
nonabsorbent glove, or a SINGLE-USE glove.
(D) Cloth gloves may not be used in direct contact with FOOD unless
the FOOD is subsequently cooked as required under Part 3-4 such
as frozen FOOD or a PRIMAL CUT of MEAT.
3-304.16 Using Clean Tableware for Second Portions and
Refills.
78
(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.
(C) Drinking cups and containers may be reused by self-service
CONSUMERS if refilling is a contamination-free process as specified
under ¶¶ 4-204.13(A), (B), and (D).
3-304.17 Refilling Returnables.
(A)
Except as specified in ¶¶ (B) - (E) of this section, empty
containers returned to a FOOD ESTABLISHMENT for cleaning and
refilling with FOOD shall be cleaned and refilled in a regulated FOOD
PROCESSING PLANT
.
P
(B)
A take-home FOOD container returned to a FOOD ESTABLISHMENT
may be refilled at a FOOD ESTABLISHMENT with FOOD if the FOOD
container is:
(1)
Designed and constructed for reuse and in accordance with
the requirements specified under Part 4-1 and 4-2;
P
(2)
One that was initially provided by the FOOD ESTABLISHMENT to
the CONSUMER, either empty or filled with FOOD by the FOOD
ESTABLISHMENT
, for the purpose of being returned for reuse;
(3)
Returned to the FOOD ESTABLISHMENT by the CONSUMER after
use;
(4)
Subject to the following steps before being refilled with FOOD:
(a)
Cleaned as specified under Part 4-6 of this Code,
(b)
Sanitized as specified under Part 4-7 of this Code;
P
and
(c)
Visually inspected by a FOOD EMPLOYEE to verify that the
container, as returned, meets the requirements specified
under Part 4-1 and 4-2.
P
(C)
A take-home FOOD container returned to a FOOD ESTABLISHMENT
79
may be refilled at a FOOD ESTABLISHMENT with BEVERAGE if:
(1)
The BEVERAGE is not a TIME/TEMPERATURE CONTROL FOR
SAFETY FOOD
;
(2)
The design of the container and of the rinsing EQUIPMENT and
the nature of the BEVERAGE, when considered together, allow
effective cleaning at home or in the FOOD ESTABLISHMENT;
(3)
Facilities for rinsing before refilling returned containers with
fresh, hot water that is under pressure and not recirculated are
provided as part of the dispensing system;
(4)
The CONSUMER-owned container returned to the FOOD
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 as specified
under ¶¶ 4-204.13(A), (B), and (D) that cannot be bypassed
by the container owner.
(D)
Consumer-owned, personal take-out BEVERAGE containers,
such as thermally insulated bottles, nonspill coffee cups, and
promotional BEVERAGE glasses, may be refilled by EMPLOYEES or the
CONSUMER if refilling is a contamination-free process as specified
under ¶¶ 4-204.13(A), (B), and (D).
(E)
CONSUMER-owned containers that are not FOOD-specific may be
filled at a water VENDING MACHINE or system.
Preventing Contamination from 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
80
(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.
(C)
Pressurized BEVERAGE containers, cased FOOD in waterproof
containers such as bottles or cans, and milk containers in plastic
crates may be stored on a floor that is clean and not exposed to
floor moisture.
3-305.12 Food Storage, Prohibited Areas.
FOOD may not be stored:
(A) In locker rooms;
(B) In toilet rooms;
(C) In dressing rooms;
(D) In garbage rooms;
(E) In mechanical rooms;
(F) Under sewer lines that are not shielded to intercept
potential drips;
(G) Under leaking water lines, including leaking automatic fire
sprinkler heads, or under lines on which water has condensed;
(H) Under open stairwells; or
(I) Under other sources of contamination.
3-305.13 Vended Time/Temperature Control for Safety
Food, Original Container.
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD dispensed through a
VENDING MACHINE shall be in the PACKAGE in which it was placed at
the FOOD ESTABLISHMENT or FOOD PROCESSING PLANT at which it was
prepared.
3-305.14 Food Preparation.
During preparation, unPACKAGED FOOD shall be protected from
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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.
P
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.
P
This paragraph does not apply to:
(1)
CONSUMER self-service of READY-TO-EAT FOODS at buffets or
salad bars that serve FOODS such as sushi or raw shellfish;
(2)
Ready-to-cook individual portions for immediate cooking and
consumption on the PREMISES such as CONSUMER-cooked MEATS
or CONSUMER-selected ingredients for Mongolian barbecue; or
(3)
Raw, frozen, shell-on shrimp, or lobster.
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(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.
Pf
(C) CONSUMER self-service operations such as buffets and salad
bars shall be monitored by FOOD EMPLOYEES trained in safe
operating procedures.
Pf
3-306.14 Returned Food and Re-Service of Food.
(A)
Except as specified in ¶ (B) of this section, after being served or
sold and in the possession of a CONSUMER, FOOD that is unused or
returned by the CONSUMER may not be offered as FOOD for human
consumption.
P
(B)
Except as specified under ¶ 3-801.11(G), a container of FOOD
that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD may be RE-
SERVED from one CONSUMER to another if:
(1)
The FOOD is dispensed so that it is protected from
contamination and the container is closed between uses, such
as a narrow-neck bottle containing catsup, steak sauce, or wine;
or
(2)
The FOOD, such as crackers, salt, or pepper, is in an
unopened original PACKAGE and is maintained in sound
condition.
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.
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3-4 DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH CONCERN
Subparts
3-401
Cooking
3-402
Freezing
3-403
Reheating
3-404
Other Methods
Cooking
3-401.11
Raw Animal Foods.
(A) Except as specified under ¶ (B) and in ¶¶ (C) and (D) of this
section, raw animal FOODS such as EGGS, FISH, MEAT, POULTRY, and
FOODS containing these raw animal FOODS, shall be cooked to heat
all 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
o
C (145
o
F) or above for 15 seconds for:
P
(a)
Raw EGGS that are broken and prepared in response to a
CONSUMER'S order and for immediate service,
P
and
(b)
Except as specified under Subparagraphs (A)(2) and
(A)(3) and ¶ (B), and in ¶ (C) of this section, FISH and INTACT
MEAT
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);
P
(2)
68
o
C (155
o
F) for 17 seconds or the temperature specified in
the following chart that corresponds to the holding time for
RATITES, MECHANICALLY TENDERIZED, 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:
P
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Minimum
Temperature
°C (°F)
Minimum
Time
63 (145)
3 minutes
66 (150)
1 minute
70 (158)
< 1 second (instantaneous)
;or
(3)
74
o
C (165
o
F) or above for < 1 second (instantaneous) for
POULTRY, BALUTS, wild GAME ANIMALS as specified under
Subparagraphs 3-201.17(A)(3) and (4), stuffed FISH, stuffed
MEAT, stuffed pasta, stuffed POULTRY, stuffed RATITES, or stuffing
containing FISH, MEAT, POULTRY, or RATITES.
P
(B) Whole MEAT roasts including beef, corned beef, lamb, pork, and
cured pork roasts such as ham shall be cooked:
(1)
As specified in the following chart, to heat all parts of the
FOOD to a temperature and for the holding time that corresponds
to that temperature:
P
Temperature
°C (°F)
Time
1
in
Minutes
54.4 (130)
112
55.0 (131)
89
56.1 (133)
56
57.2 (135)
36
57.8 (136)
28
58.9 (138)
18
60.0 (140)
12
61.1 (142)
8
62.2 (144)
5
62.8 (145)
4
85
Temperature
°C (°F)
Time
1
in
Seconds
63.9 (147)
134
65.0 (149)
85
66.1 (151)
54
67.2 (153)
34
68.3 (155)
22
69.4 (157)
14
70.0 (158)
0
1
Holding time may include postoven heat rise.
; and
(2)
If cooked in an oven, use an oven that is preheated to the
temperature specified for the roast's weight in the following chart
and that is held at that temperature:
Pf
Oven Temperature Based on Roast Weight
Oven Type
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
1
121°C (250°F) or less 121°C (250°F) or less
1
Relative humidity greater than 90% for at least 1 hour as measured in the cooking
chamber or exit of the oven; or in a moisture-impermeable bag that provides 100%
humidity.
(C) A raw or undercooked WHOLE-MUSCLE, INTACT BEEF steak 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,
(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
o
C (145
o
F) or above and a cooked color
change is achieved on all external surfaces.
86
(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 upon
CONSUMER request or selection in a READY-TO-EAT form if:
(1)
As specified under ¶¶ 3-801.11(C)(1) and (2), the FOOD
ESTABLISHMENT
serves a population that is not a HIGHLY
SUSCEPTIBLE POPULATION
;
(2)
The FOOD, if served or offered for service by CONSUMER
selection from a children’s menu, does not contain COMMINUTED
MEAT
;
Pf
and
(3)
The CONSUMER is informed as specified under § 3-603.11
that to ensure its safety, the FOOD should be cooked as
specified under ¶ (A) or (B) of this section; or
(4)
The REGULATORY AUTHORITY grants a VARIANCE from ¶ (A) or
(B)
of this section as specified in § 8-103.10 based on a HACCP
PLAN that:
(a)
Is submitted by the PERMIT HOLDER and APPROVED as
specified under § 8-103.11,
(b)
Documents scientific data or other information
showing that a lesser time and temperature regimen
results in a safe FOOD, and
(c)
Verifies that EQUIPMENT and procedures for FOOD
preparation and training of FOOD EMPLOYEES at the FOOD
ESTABLISHMENT
meet the conditions of the VARIANCE.
3-401.12 Microwave Cooking.
Raw animal FOODS cooked in a microwave oven shall be:
(A)
Rotated or stirred throughout or midway during cooking to
compensate for uneven distribution of heat;
(B)
Covered to retain surface moisture;
(C)
Heated to a temperature of at least 74
o
C (165
o
F) in all parts
87
of the FOOD;
P
and
(D)
Allowed to stand covered for 2 minutes after cooking to
obtain temperature equilibrium.
3-401.13 Plant Food Cooking for Hot Holding.
Plant FOODS that are cooked for hot holding shall be cooked to a
temperature of 57
o
C (135
o
F).
Pf
3-401.14 Non-Continuous Cooking of Raw Animal Foods.
Raw animal FOODS that are cooked using a NON-CONTINUOUS
COOKING
process shall be:
(A)
Subject to an initial heating process that is no longer than
sixty minutes in duration;
P
(B)
Immediately after initial heating, cooled according to the
time and temperature parameters specified for cooked
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD under ¶ 3-
501.14(A);
P
(C)
After cooling, held frozen or cold, as specified for
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD under ¶ 3-
501.16(A)(2);
P
(D)
Prior to sale or service, cooked using a process that heats
all parts of the FOOD to a temperature and for a time as
specified under ¶¶3-401.11 (A)-(C);
P
(E)
Cooled according to the time and temperature parameters
specified for cooked TIME /TEMPERATURE CONTROL FOR SAFETY
FOOD under ¶ 3-501.14(A) if not either hot held as specified
under ¶3-501.16(A), served immediately, or held using time as
a public health control as specified under §3-501.19 after
complete cooking;
P
and
(F)
Prepared and stored according to written procedures that:
(1)
Have obtained prior APPROVAL from the REGULATORY
AUTHORITY
;
Pf
(2)
Are maintained in the FOOD ESTABLISHMENT and are
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available to the REGULATORY AUTHORITY upon request;
Pf
(3)
Describe how the requirements specified under ¶ (A)-(E)
of this Section are to be monitored and documented by the
PERMIT HOLDER and the corrective actions to be taken if the
requirements are not met;
Pf
(4)
Describe how the FOODS, after initial heating, but prior to
complete cooking, are to be marked or otherwise identified
as FOODS that must be cooked as specified under ¶ (D) of
this section prior to being offered for sale or service;
Pf
and
(5)
Describe how the FOODS, after initial heating but prior to
cooking as specified under ¶(D) of this section, are to be
separated from READY-TO-EAT FOODS as specified under ¶3-
302.11 (A).
Pf
Freezing
3-402.11 Parasite Destruction.
(A)
Except as specified in ¶ (B) of this section, before service or
sale in READY-TO-EAT form, raw, raw-marinated, partially cooked, or
marinated-partially cooked FISH shall be:
(1)
Frozen and stored at a temperature of -20°C (-4°F) or below
for a minimum of 168 hours (7 days) in a freezer;
P
(2)
Frozen at -35°C (-31°F) or below until solid and stored
at -35°C (-31°F) or below for a minimum of 15 hours;
P
or
(3)
Frozen at -35°C (-31°F) or below until solid and stored
at -20°C (-4°F) or below for a minimum of 24 hours.
P
(B)
Paragraph (A) of this section does not apply to:
(1)
MOLLUSCAN SHELLFISH;
(2)
A scallop product consisting only of the shucked adductor
muscle;
(3)
Tuna of the species Thunnus alalunga, Thunnus albacares
(Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin
tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus
thynnus (Bluefin tuna, Northern); or
89
(4)
Aquacultured FISH, such as salmon, that:
(a)
If raised in open water, are raised in net-pens, or
(b)
Are raised in land-based operations such as ponds or
tanks, and
(c)
Are fed formulated feed, such as pellets, that contains no
live parasites infective to the aquacultured FISH.
(5)
FISH eggs that have been removed from the skein and
rinsed.
3-402.12 Records, Creation and Retention.
(A)
Except as specified in ¶ 3-402.11(B) and ¶ (B) of this section, if
raw, raw-marinated, partially cooked, or marinated-partially cooked
FISH are served or sold in READY-TO-EAT form, the PERSON IN CHARGE
shall record the freezing temperature and time to which the FISH are
subjected and shall retain the records of the FOOD ESTABLISHMENT
for 90 calendar days beyond the time of service or sale of the FISH.
Pf
(B)
If the FISH are frozen by a supplier, a written agreement or
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.
(C)
If raw, raw-marinated, partially cooked, or marinated-partially
cooked FISH are served or sold in READY-TO-EAT form, and the FISH
are raised and fed as specified in Subparagraph 3-402.11(B)(4), a
written agreement or statement from the supplier or aquaculturist
stipulating that the FISH were raised and fed as specified in
Subparagraph 3-402.11(B)(4) shall be obtained by the PERSON IN
CHARGE
and retained in the records of the FOOD ESTABLISHMENT for
90 calendar days beyond the time of service or sale of the FISH.
Pf
3-403.10 Preparation for Immediate Service.
Cooked and refrigerated FOOD that is prepared for immediate
service in response to an individual CONSUMER order, such as a
roast beef sandwich au jus, may be served at any temperature.
90
Reheating
3-403.11 Reheating for Hot Holding.
(A) Except as specified under ¶¶ (B) and (C) and in ¶ (E) of this
section, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is
cooked, cooled, and reheated for hot holding shall be reheated so
that all parts of the FOOD reach a temperature of at least 74
o
C
(165
o
F) for 15 seconds.
P
(B) Except as specified under ¶ (C) of this section,
TIME/TEMPERATURE CONTROL FOR SAFETY 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
o
C (165
o
F) and the
FOOD is rotated or stirred, covered, and allowed to stand covered
for 2 minutes after reheating.
P
(C) READY-TO-EAT TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that
has been commercially processed and PACKAGED in a FOOD
PROCESSING PLANT
that is inspected by the REGULATORY AUTHORITY
that has jurisdiction over the plant, shall be heated to a temperature
of at least 57
o
C (135
o
F) when being reheated for hot holding.
P
(D) Reheating for hot holding as specified under ¶¶ (A) - (C) of this
section shall be done rapidly and the time the FOOD is between 5ºC
(41ºF) and the temperatures specified under ¶¶ (A) - (C) of this
section may not exceed 2 hours.
P
(E) Remaining unsliced portions of MEAT roasts that are cooked as
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).
Other Methods
3-404.11 Treating Juice.
JUICE PACKAGED in a FOOD ESTABLISHMENT shall be:
(A)
Treated under a HACCP PLAN as specified in §8-201.14 to
attain a 5-log reduction, which is equal to a 99.999% reduction,
of the most resistant microorganism of public health
significance;
P
or
91
(B)
Labeled, if not treated to yield a 5-log reduction of the most
resistant microorganism of public health significance:
Pf
(1)
As specified under § 3-602.11,
Pf
and
(2)
As specified in 21 CFR 101.17(g) Food labeling,
warning, notice, and safe handling statements, JUICES that
have not been specifically processed to prevent, reduce, or
eliminate the presence of pathogens with the following,
“WARNING: This product has not been pasteurized and,
therefore, may contain harmful bacteria that can cause
serious illness in children, the elderly, and persons with
weakened immune systems.”
Pf
Temperature and Time Control
3-501.11 Frozen Food.
Stored frozen FOODS shall be maintained frozen.
3-501.12 Time/Temperature Control for Safety Food,
Slacking.
Frozen TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is slacked
to moderate the temperature shall be held:
(A)
Under refrigeration that maintains the FOOD temperature at
5
o
C (41
o
F) or less; or
(B)
At any temperature if the FOOD remains frozen.
3-5
LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC HEALTH
CONCERN
Subparts
3-501
3-502
Temperature and Time Control
Specialized Processing Methods
92
3-501.13 Thawing.
Except as specified in ¶ (D) of this section, TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD
shall be thawed:
(A)
Under refrigeration that maintains the FOOD temperature at
5
o
C (41
o
F) or less; or
(B)
Completely submerged under running water:
(1)
At a water temperature of 21
o
C (70
o
F) or below,
(2)
With sufficient water velocity to agitate and float off
loose particles in an overflow, and
(3)
For a period of time that does not allow thawed portions
of READY-TO-EAT FOOD to rise above 5
o
C (41
o
F), or
(4)
For a period of time that does not allow thawed portions
of a raw animal FOOD requiring cooking as specified under
¶ 3-401.11(A) or (B) to be above 5
o
C (41
o
F), for more than
4 hours including:
(a)
The time the FOOD is exposed to the running water
and the time needed for preparation for cooking, or
(b)
The time it takes under refrigeration to lower the
FOOD temperature to 5
o
C (41
o
F);
(C)
As part of a cooking process if the FOOD that is frozen is:
(1)
Cooked as specified under ¶¶3-401.11(A) or (B) or
§ 3-401.12, or
(2)
Thawed in a microwave oven and immediately
transferred to conventional cooking EQUIPMENT, with no
interruption in the process; or
(D)
Using any procedure if a portion of frozen READY-TO-EAT
FOOD
is thawed and prepared for immediate service in
response to an individual CONSUMER'S order.
(E)
REDUCED OXYGEN PACKAGED FISH that bears a label
indicating that it is to be kept frozen until time of use shall be
removed from the reduced oxygen environment:
93
(1)
Prior to its thawing under refrigeration as specified in
¶(A) of this section; or
(2)
Prior to, or Immediately upon completion of, its thawing
using procedures specified in ¶ (B) of this section.
3-501.14 Cooling.
(A)
Cooked TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be
cooled:
(1)
Within 2 hours from 57ºC (135ºF) to 21ºC (70°F);
P
and
(2)
Within a total of 6 hours from 57ºC (135ºF) to 5ºC (41°F) or
less.
P
(B)
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be cooled
within 4 hours to 5
o
C (41
o
F) or less if prepared from ingredients at
ambient temperature, such as reconstituted FOODS and canned
tuna.
P
(C)
Except as specified under ¶ (D) of this section, a
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD received in
compliance with LAWS allowing a temperature above 5
o
C (41
o
F)
during shipment from the supplier as specified in ¶ 3-202.11(B),
shall be cooled within 4 hours to 5
o
C (41
o
F) or less.
P
(D)
Raw EGGS shall be received as specified under ¶ 3-202.11(C)
and immediately placed in refrigerated EQUIPMENT that maintains an
ambient air temperature of 7
o
C (45
o
F) or less.
P
3-501.15 Cooling Methods.
(A)
Cooling shall be accomplished in accordance with the time and
temperature criteria specified under § 3-501.14 by using one or
more of the following methods based on the type of FOOD being
cooled:
(1)
Placing the FOOD in shallow pans;
Pf
(2)
Separating the FOOD into smaller or thinner portions;
Pf
(3)
Using rapid cooling EQUIPMENT;
Pf
94
(4)
Stirring the FOOD in a container placed in an ice water bath;
Pf
(5)
Using containers that facilitate heat transfer;
Pf
(6)
Adding ice as an ingredient;
Pf
or
(7)
Other effective methods.
Pf
(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.
81-2,272.01. Time/Temperature Control for Safety Food, Hot and Cold Holding. (Replaces 2017
Food Code 3-501.16)
(1) Except during preparation, cooking, or cooling or when time is used as the public health control
as specified under the Nebraska Pure Food Act and except as specified under subsection (2) of this
section, time/temperature control for safety food shall be maintained:
(a) At one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) or above, except that
roasts cooked to a temperature and for a time specified in the Nebraska Pure Food Act or reheated as
specified in the act may be held at a temperature of one hundred thirty degrees Fahrenheit (fifty-four
degrees Celsius) or above; or
P
(b) At:
(i) Forty-one degrees Fahrenheit (five degrees Celsius) or less; or
P
(ii) Forty-five degrees Fahrenheit (seven degrees Celsius) or between forty-one degrees Fahrenheit
(five degrees Celsius) and forty-five degrees Fahrenheit (seven degrees Celsius) in existing
refrigeration equipment that is not capable of maintaining the food at forty-one degrees Fahrenheit (five
degrees Celsius) or less if:
P
(A) The equipment is in place and in use in the food establishment; and
(B) Refrigeration equipment that is not capable of meeting a cold holding temperature of forty-one
degrees Fahrenheit (five degrees Celsius) that is in use on March 8, 2012, shall, upon replacement of
the equipment or at a change of ownership of the food establishment, be replaced with equipment that
is capable of maintaining foods at forty-one degrees Fahrenheit (five degrees Celsius) or below.
P
95
(2) Eggs that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated
equipment that maintains an ambient air temperature of forty-five degrees Fahrenheit (seven degrees
Celsius) or less.
P
(3) Time/temperature control for safety food in a homogenous liquid form may be maintained outside
of the temperature control requirements, as specified under subsection (1) of this section, while
contained within specially designed equipment that complies with the design and construction
requirements as specified in the act.
3-501.17 Ready-to-Eat, Time/Temperature Control for
Safety Food, Date Marking.
(A)
Except when PACKAGING FOOD using a REDUCED OXYGEN
PACKAGING
method as specified under § 3-502.12, and except as
specified in ¶¶ (E) and (F) of this section, refrigerated, READY-TO-
EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared and
held in a FOOD ESTABLISHMENT for more than 24 hours shall be
clearly marked to indicate the date or day by which the FOOD shall
be consumed on the PREMISES, sold, or discarded when held at a
temperature of 5ºC (41ºF) or less for a maximum of 7 days. The
day of preparation shall be counted as Day 1.
Pf
commercially processed food
•
open and hold cold
(B)
Except as specified in ¶¶ (E) - (G) of this section, refrigerated,
READY-TO-EAT TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
prepared and PACKAGED by a FOOD PROCESSING PLANT shall be
clearly marked, at the time the original container is opened in a
FOOD ESTABLISHMENT and if the FOOD is held for more than 24 hours,
to indicate the date or day by which the FOOD shall be consumed on
the PREMISES, sold, or discarded, based on the temperature and
time combinations specified in ¶ (A) of this section and:
Pf
(1)
The day the original container is opened in the FOOD
ESTABLISHMENT
shall be counted as Day 1;
Pf
and
(2)
The day or date marked by the FOOD ESTABLISHMENT may not
exceed a manufacturer’s use-by date if the manufacturer
determined the use-by date based on FOOD safety.
Pf
(C)
A refrigerated, READY-TO-EAT TIME/TEMPERATURE CONTROL FOR
SAFETY FOOD
ingredient or a portion of a refrigerated, READY-TO-
EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is
96
subsequently combined with additional ingredients or portions of
FOOD shall retain the date marking of the earliest-prepared or
first-prepared ingredient.
Pf
(D)
A date marking system that meets the criteria stated in ¶¶ (A)
and (B) of this section may include:
(1)
Using a method APPROVED by the REGULATORY AUTHORITY for
refrigerated, READY-TO-EAT TIME/TEMPERATURE CONTROL FOR
SAFETY FOOD
that is frequently rewrapped, such as lunchmeat or
a roast, or for which date marking is impractical, such as soft
serve mix or milk in a dispensing machine;
(2)
Marking the date or day of preparation, with a procedure to
discard the FOOD on or before the last date or day by which the
FOOD must be consumed on the premises, sold, or discarded as
specified under ¶ (A) of this section;
(3)
Marking the date or day the original container is opened in a
FOOD ESTABLISHMENT, with a procedure to discard the FOOD on or
before the last date or day by which the FOOD must be
consumed on the premises, sold, or discarded as specified
under ¶ (B) of this section; or
(4)
Using calendar dates, days of the week, color-coded marks,
or other effective marking methods, provided that the marking
system is disclosed to the REGULATORY AUTHORITY upon request.
(E)
Paragraphs (A) and (B) of this section do not apply to individual
meal portions served or rePACKAGED for sale from a bulk container
upon a consumer’s request.
(F)
Paragraphs (A) and (B) of this section do not apply to
SHELLSTOCK.
(G)
Paragraph (B) of this section does not apply to the following
FOODS prepared and PACKAGED by a FOOD PROCESSING PLANT
inspected by a REGULATORY AUTHORITY:
(1)
Deli salads, such as ham salad, seafood salad, chicken
salad, egg salad, pasta salad, potato salad, and macaroni
salad, manufactured in accordance with 21 CFR 110 Current
good manufacturing practice in manufacturing, packing, or
holding human food;
(2)
Hard cheeses containing not more than 39% moisture as
defined in 21 CFR 133 Cheeses and related cheese products,
such as cheddar, gruyere, parmesan and reggiano, and
romano;
97
(3)
Semi-soft cheeses containing more than 39% moisture, but
not more than 50% moisture, as defined in 21 CFR 133
Cheeses and related cheese products, such as blue, edam,
gorgonzola, gouda, and monterey jack;
(4)
Cultured dairy products as defined in 21 CFR 131 Milk and
cream, such as yogurt, sour cream, and buttermilk;
(5)
Preserved FISH products, such as pickled herring and dried
or salted cod, and other acidified FISH products defined in 21
CFR 114 Acidified foods;
(6)
Shelf stable, dry fermented sausages, such as pepperoni
and Genoa; and
(7)
Shelf stable salt-cured products such as prosciutto and
Parma (ham).
81-2,272.24. Time/temperature control for safety food; date marking; sale, consumption, or
discard requirements.
In addition to the provisions of sections 3-501.17 and 3-501.18 of the Food Code which apply to
food held at a temperature of forty-one degrees Fahrenheit (five degrees Celsius) or below, food held
in refrigeration between forty-five degrees Fahrenheit (seven degrees Celsius) and forty-one degrees
Fahrenheit (five degrees Celsius) shall meet the following requirements:
(1) Except when packaging food using a reduced oxygen packaging method as specified in section
3-502.12 of the Food Code and except as specified in section 3-501.17 of the Food Code, refrigerated,
ready-to-eat, time/temperature control for safety food prepared and held in a food establishment for
more than twenty-four hours shall be clearly marked to indicate the date of preparation. The food shall
be sold, consumed on the premises, or discarded within four calendar days or less;
(2) Except as specified in section 3-501.17 of the Food Code, refrigerated, ready-to-eat,
time/temperature control for safety food prepared and packaged by a food processing plant and held
refrigerated at such food establishment, shall be clearly marked, at the time the original container is
opened in a food establishment, to indicate the date the food container was opened. The food shall be
sold, consumed on the premises, or discarded within four calendar days or less; and
(3) A food specified under this section shall be discarded if such food:
(a) Exceeds the temperature and time combinations specified in subdivision (1) of this section,
except time that the food is frozen;
(b) Is in a container or package that does not bear a date or day;
98
(c) Is appropriately marked with a date or day that exceeds the temperature and time combination
as specified in subdivision (1) of this section; or
(d) Is prepared in a food establishment and dispensed through a vending machine with an automatic
shut-off control if it exceeds the temperature and time combination as specified in subdivision (1) of this
section.
3-501.18 Ready-to-Eat, Time/Temperature Control for
Safety Food, Disposition.
(A) A FOOD specified in ¶ 3-501.17(A) or (B) shall be discarded if it:
(1)
Exceeds the temperature and time combination specified in
¶ 3-501.17(A), except time that the product is frozen;
P
(2)
Is in a container or PACKAGE that does not bear a date or
day;
P
or
(3)
Is inappropriately marked with a date or day that exceeds a
temperature and time combination as specified in ¶ 3-
501.17(A).
P
(B) Refrigerated, READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR
SAFETY FOOD
prepared in a FOOD ESTABLISHMENT and dispensed
through a VENDING MACHINE with an automatic shutoff control shall
be discarded if it exceeds a temperature and time combination as
specified in ¶ 3-501.17(A).
P
3-501.19 Time as a Public Health Control.
(A)
Except as specified under ¶ (D) of this section, if time
without temperature control is used as the public health control
for a working supply of TIME/TEMPERATURE CONTROL FOR SAFETY
FOOD
before cooking, or for READY-TO-EAT TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD
that is displayed or held for sale or
service:
(1)
Written procedures shall be prepared in advance,
maintained in the FOOD ESTABLISHMENT and made available to
the REGULATORY AUTHORITY upon request that specify:
Pf
(a)
Methods of compliance with Subparagraphs (B)(1)-(4) or
(C)(1)-(5) of this section;
Pf
and
(b)
Methods of compliance with § 3-501.14 for FOOD that is
99
prepared, cooked, and refrigerated before time is used as a
public health control.
Pf
Time – maximum up to 4 hours
(B)
If time without temperature control is used as the public health
control up to a maximum of 4 hours:
(1)
The FOOD shall have an initial temperature of 5ºC (41ºF) or
less when removed from cold holding temperature control, or
57°C (135°F) or greater when removed from hot holding
temperature control;
P
(2)
The FOOD shall be marked or otherwise identified to indicate
the time that is 4 hours past the point in time when the FOOD is
removed from temperature control;
Pf
(3)
The FOOD shall be cooked and served, served at any
temperature if READY-TO-EAT, or discarded, within 4 hours from
the point in time when the FOOD is removed from temperature
control;
P
and
(4)
The FOOD in unmarked containers or PACKAGES, or marked to
exceed a 4-hour limit shall be discarded.
P
Time – maximum up to 6 hours
(C)
If time without temperature control is used as the public health
control up to a maximum of 6 hours:
(1)
The FOOD shall have an initial temperature of 5ºC (41ºF) or
less when removed from temperature control and the FOOD
temperature may not exceed 21ºC (70ºF) within a maximum
time period of 6 hours;
P
(2)
The FOOD shall be monitored to ensure the warmest portion
of the FOOD does not exceed 21ºC (70ºF) during the 6-hour
period, unless an ambient air temperature is maintained that
ensures the FOOD does not exceed 21ºC (70ºF) during the 6-
hour holding period;
Pf
(3)
The FOOD shall be marked or otherwise identified to indicate:
Pf
(a)
The time when the FOOD is removed from 5ºC (41ºF) or
less cold holding temperature control,
Pf
and
100
(b)
The time that is 6 hours past the point in time when the
FOOD is removed from cold holding temperature control;
Pf
(4)
The FOOD shall be:
(a)
Discarded if the temperature of the FOOD exceeds 21°C
(70°F),
P
or
(b)
Cooked and served, served at any temperature if READY-
TO-EAT, or discarded within a maximum of 6 hours from the
point in time when the FOOD is removed from 5ºC (41ºF) or
less cold holding temperature control;
P
and
(5)
The FOOD in unmarked containers or PACKAGES, or marked
with a time that exceeds the 6-hour limit shall be discarded.
P
(D)
A FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE
POPULATION
may not use time as specified under ¶¶ (A), (B) or (C)
of this section as the public health control for raw EGGS.
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:
Pf
(A) Smoking FOOD as a method of FOOD preservation rather
than as a method of flavor enhancement;
Pf
(B) Curing FOOD;
Pf
(C) Using FOOD ADDITIVES or adding components such as
vinegar:
Pf
(1)
As a method of FOOD preservation rather than as a
method of flavor enhancement,
Pf
or
(2)
To render a FOOD so that it is not TIME/TEMPERATURE
CONTROL OF SAFETY FOOD
;
Pf
(D) Packaging TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
using a REDUCED OXYGEN PACKAGING method except where the
growth of and toxin formation by Clostridium botulinum and
the growth of Listeria monocytogenes are controlled as
101
specified under § 3-502.12;
Pf
(E) Operating a MOLLUSCAN SHELLFISH life-support system
display tank used to store or display shellfish that are offered
for human consumption;
Pf
(F) Custom processing animals that are for personal use as
FOOD and not for sale or service in a FOOD ESTABLISHMENT;
Pf
(G) Preparing FOOD by another method that is determined by
the REGULATORY AUTHORITY to require a VARIANCE;
Pf
or
(H) Sprouting seeds or beans.
Pf
Clostridium botulinum and Listeria monocytogenes Controls
3-502.12 Reduced Oxygen Packaging Without a Variance,
Criteria.
(A)
Except for a FOOD ESTABLISHMENT that obtains a VARIANCE as
specified under § 3-502.11, a FOOD ESTABLISHMENT that PACKAGES
TIME
/TEMPERATURE CONTROL FOR SAFETY FOOD using a REDUCED
OXYGEN PACKAGING
method shall control the growth and toxin
formation of Clostridium botulinum and the growth of Listeria
monocytogenes.
P
(B)
Except as specified under ¶(F) of this section, a FOOD
ESTABLISHMENT
that PACKAGES TIME/TEMPERATURE CONTROL FOR
SAFETY FOOD
using a REDUCED OXYGEN PACKAGING method shall
implement a HACCP PLAN that contains the information specified under
¶¶ 8-201.14 (C) and (D) and that:
Pf
(1)
Identifies the FOOD to be PACKAGED;
Pf
(2)
Except as specified under ¶¶ (C) - (E) of this section,
requires that the PACKAGED FOOD shall be maintained at 5°C
(41°F) or less and meet at least one of the following criteria:
Pf
(a)
Has an A
W
of 0.91 or less,
Pf
(b)
Has a PH of 4.6 or less,
Pf
(c)
Is a MEAT or POULTRY product cured at a FOOD
PROCESSING PLANT
regulated by the USDA using substances
specified in 9 CFR 424.21, Use of food ingredients and
sources of radiation, and is received in an intact PACKAGE,
Pf
or
102
(d)
Is a FOOD with a high level of competing organisms such
as raw MEAT, raw POULTRY, or raw vegetables;
Pf
(3)
Describes how the PACKAGE shall be prominently and
conspicuously labeled on the principal display panel in bold type
on a contrasting background, with instructions to:
Pf
(a)
Maintain the FOOD at 5
o
C (41
o
F) or below,
Pf
and
(b)
Discard the FOOD if within 30 calendar days of its
PACKAGING if it is not served for on-PREMISES consumption, or
consumed if served or sold for off-PREMISES consumption;
Pf
(4)
Limits the refrigerated shelf life to no more than 30 calendar
days from PACKAGING to consumption, except the time the
product is maintained frozen, or the original manufacturer’s “sell
by” or “use by” date, whichever occurs first;
P
(5)
Includes operational procedures that:
(a)
Prohibit contacting READY-TO-EAT FOOD with bare hands
as specified under ¶ 3-301.11(B),
Pf
(b)
Identify a designated work area and the method by
which:
Pf
(i)
Physical barriers or methods of separation of
raw FOODS and READY-TO-EAT FOODS minimize cross
contamination,
Pf
and
(ii)
Access to the processing EQUIPMENT is limited to
responsible trained personnel familiar with the potential
HAZARDS of the operation,
Pf
and
(c)
Delineate cleaning and SANITIZATION procedures for FOOD-
CONTACT SURFACES;
Pf
and
(6)
Describes the training program that ensures that the
individual responsible for the REDUCED OXYGEN PACKAGING
operation understands the:
Pf
(a)
Concepts required for a safe operation,
Pf
(b)
EQUIPMENT and facilities,
Pf
and
(c)
Procedures specified under Subparagraph (B)(5) of this
section and ¶¶ 8-201.14 (C) and (D).
Pf
103
(7)
Is provided to the REGULATORY AUTHORITY prior to
implementation as specified under ¶ 8-201.13(B).
Fish
(C)
Except for FISH that is frozen before, during, and after
PACKAGING and bears a label indicating that it is to be kept frozen
until time of use, a FOOD ESTABLISHMENT may not PACKAGE FISH
using a REDUCED OXYGEN PACKAGING method.
P
Cook-Chill or Sous Vide
(D)
Except as specified under ¶ (C) and ¶ (F) of this section, a FOOD
ESTABLISHMENT
that PACKAGES TIME/TEMPERATURE CONTROL FOR
SAFETY FOOD
using a cook-chill or sous vide process shall:
(1)
Provide to the REGULATORY AUTHORITY prior to
implementation, a HACCP PLAN that contains the information as
specified under ¶¶ 8-201.14 (C) and (D);
Pf
(2)
Ensure the FOOD is:
(a)
Prepared and consumed on the PREMISES, or prepared
and consumed off the PREMISES but within the same
business entity with no distribution or sale of the PACKAGED
product to another business entity or the CONSUMER,
Pf
(b)
Cooked to heat all parts of the FOOD to a temperature and
for a time as specified under ¶¶ 3-401.11 (A), (B), and (C),
P
(c)
Protected from contamination before and after cooking as
specified under Parts 3-3 and 3-4,
P
(d)
Placed in a PACKAGE with an oxygen barrier and sealed
before cooking, or placed in a PACKAGE and sealed
immediately after cooking and before reaching a
temperature below 57°C (135°F),
P
(e)
Cooled to 5°C (41°F) in the sealed PACKAGE or bag as
specified under § 3-501.14 and:
P
(i)
Cooled to 1°C (34°F) within 48 hours of reaching 5°C
(41°F) and held at that temperature until consumed or
discarded within 30 days after the date of PACKAGING;
P
(ii)
Held at 5°C (41°F) or less for no more than 7 days, at
which time the FOOD must be consumed or discarded;
P
104
or
(iii)
Held frozen with no shelf life restriction while frozen
until consumed or used.
P
(f)
Held in a refrigeration unit that is equipped with an
electronic system that continuously monitors time and
temperature and is visually examined for proper operation
twice daily,
Pf
(g)
If transported off-site to a satellite location of the same
business entity, equipped with verifiable electronic
monitoring devices to ensure that times and temperatures
are monitored during transportation,
Pf
and
(h)
Labeled with the product name and the date PACKAGED;
Pf
and
(i)
Maintain the records required to confirm
that cooling and cold holding refrigeration
time/temperature parameters are required as part
of the HACCP PLAN and: Make such records
available to the REGULATORY AUTHORITY upon
request,
Pf
and
(j)
Hold such records for at least 6 months;
Pf
and
(3)
Implement written operational procedures as specified under
Subparagraph (B)(5) of this section and a training program as
specified under Subparagraph (B)(6) of this section.
Pf
Cheese
(E)
Except as specified under ¶ (F) of this section, a FOOD
ESTABLISHMENT
that PACKAGES cheese using a REDUCED OXYGEN
PACKAGING
method shall:
(1)
Limit the cheeses PACKAGED to those that are commercially
manufactured in a FOOD PROCESSING PLANT with no ingredients
added in the FOOD ESTABLISHMENT and that meet the Standards
of Identity as specified in 21 CFR 133.150 Hard cheeses, 21
CFR 133.169 Pasteurized process cheese or 21 CFR 133.187
Semisoft cheeses;
P
(2)
Have a HACCP PLAN that contains the information specified
under ¶¶ 8-201.14 (C) and (D) and as specified under ¶¶ (B)(1),
(B)(3)(a), (B)(5) and (B)(6) of this section;
Pf
105
(3)
Labels the PACKAGE on the principal display panel with a
“use by” date that does not exceed 30 days from its packaging
or the original manufacturer’s “sell by” or “use by” date,
whichever occurs first;
Pf
and
(4)
Discards the REDUCED OYGEN PACKAGED cheese if it is not
sold for off-PREMISES consumption or consumed within 30
calendar days of its PACKAGING.
Pf
(F)
A HACCP Plan is not required when a FOOD ESTABLISHMENT
uses a REDUCED OXYGEN PACKAGING method to PACKAGE
TIME
/TEMPERATURE CONTROL FOR SAFETY FOOD that is always:
(1)
Labeled with the production time and date,
(2)
Held at 5°C (41°F) or less during refrigerated storage, and
(3)
Removed from its PACKAGE in the FOOD ESTABLISHMENT within
48 hours after PACKAGING.
106
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;
3-6
FOOD IDENTITY, PRESENTATION, AND ON-PREMISES LABELING
Subparts
3-601
3
-602
3-603
Accurate Representation
Labeling
Consumer Advisory
107
(2)
If made from two or more ingredients, a list of ingredients
and sub-ingredients in descending order of predominance by
weight, including a declaration of artificial colors, artificial flavors
and chemical preservatives, if contained in the FOOD;
(3)
An accurate declaration of the net quantity of contents;
(4)
The name and place of business of the manufacturer,
packer, or distributor; and
(5)
The name of the FOOD source for each MAJOR FOOD
ALLERGEN
contained in the FOOD unless the FOOD source is
already part of the common or usual name of the respective
ingredient.
Pf
(6)
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.
(7)
For any salmonid FISH containing canthaxanthin or
astaxanthin as a COLOR ADDITIVE, the labeling of the bulk FISH
container, including a list of ingredients, displayed on the retail
container or by other written means, such as a counter card,
that discloses the use of canthaxanthin or astaxanthin.
(C) Bulk FOOD that is available for CONSUMER self-dispensing shall
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 (6)
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
108
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.
Consumer Advisory
3-603.11 Consumption of Animal Foods that are Raw,
Undercooked, or Not Otherwise Processed to
Eliminate Pathogens.
(A)
Except as specified in ¶ 3-401.11(C) and Subparagraph 3-
401.11(D)(4) and under ¶ 3-801.11(C), if an animal FOOD such as
beef, EGGS, FISH, lamb, milk, pork, POULTRY, or shellfish is served or
sold raw, undercooked, or without otherwise being processed to
eliminate pathogens, either in READY-TO-EAT form or as an
ingredient in another READY-TO-EAT FOOD, the PERMIT HOLDER shall
inform CONSUMERS of the significantly increased RISK of consuming
such FOODS by way of a DISCLOSURE and REMINDER, as specified in
¶¶ (B) and (C) of this section using brochures, deli case or menu
advisories, label statements, table tents, placards, or other effective
written means.
Pf
(B)
DISCLOSURE shall include:
(1)
A description of the animal-derived FOODS, such as “oysters
on the half shell (raw oysters),” “raw-EGG Caesar salad,” and
“hamburgers (can be cooked to order)”;
Pf
or
(2)
Identification of the animal-derived FOODS by asterisking
them to a footnote that states that the items are served raw or
undercooked, or contain (or may contain) raw or undercooked
ingredients.
Pf
(C)
REMINDER shall include asterisking the animal-derived FOODS
requiring DISCLOSURE to a footnote that states:
109
(1)
Regarding the safety of these items, written information is
available upon request;
Pf
(2)
Consuming raw or undercooked MEATS, POULTRY, seafood,
shellfish, or EGGS may increase your RISK of foodborne illness;
Pf
or
(3)
Consuming raw or undercooked MEATS, POULTRY, seafood,
shellfish, or EGGS may increase your RISK of foodborne illness,
especially if you have certain medical conditions.
Pf
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 discarded or reconditioned
according to an APPROVED procedure.
P
(B) FOOD that is not from an APPROVED source as specified under
§§ 3-201.11 - .17 shall be discarded.
P
(C) READY-TO-EAT FOOD that may have been contaminated by an
EMPLOYEE who has been RESTRICTED or EXCLUDED as specified
under § 2-201.12 shall be discarded.
P
(D) FOOD that is contaminated by FOOD EMPLOYEES, CONSUMERS, or
other PERSONS through contact with their hands, bodily discharges,
such as nasal or oral discharges, or other means shall be
discarded.
P
3-7
CONTAMINATED FOOD
Subpart
3-701
Disposition
110
Additional Safeguards
3-801.11 Pasteurized Foods, Prohibited Re-Service, and
Prohibited Food.
In a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE
POPULATION
:
(A)
The following criteria apply to JUICE:
(1)
For the purposes of this paragraph only, children who
are age 9 or less and receive FOOD in a school, day care
setting, or similar facility that provides custodial care are
included as HIGHLY SUSCEPTIBLE POPULATIONS;
(2)
PrePACKAGED JUICE or a prePACKAGED BEVERAGE
containing JUICE, that bears a warning label as specified in
21 CFR, 101.17(g) Food labeling, warning, notice, and safe
handling statements, Juices that have not been specifically
processed to prevent, reduce, or eliminate the presence of
pathogens, or a PACKAGED JUICE or BEVERAGE containing
JUICE, that bears a warning label as specified under ¶ 3-
404.11(B) may not be served or offered for sale;
P
and
(3)
UnPACKAGED JUICE that is prepared on the premises for
service or sale in a READY-TO-EAT form shall be processed
under a HACCP PLAN that contains the information specified
under §8-201.14 (C) - (E) and as specified in 21 CFR Part
120 – Hazard Analysis and Critical Control Point (HACCP)
Systems, Subpart B Pathogen Reduction, 120.24 Process
controls.
P
(B)
Pasteurized EGGS or EGG PRODUCTS shall be substituted for
raw EGGS in the preparation of:
P
(1)
FOODS such as Caesar salad, hollandaise or Béarnaise
sauce, mayonnaise, meringue, EGGnog, ice cream, and
3-8
SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE
POPULATIONS
Subpart
3-801
Additional Safeguards
111
EGG-fortified BEVERAGES,
P
and
(2)
Except as specified in ¶ (F) of this section, recipes in
which more than one EGG is broken and the EGGS are
combined;
P
(C)
The following FOODS may not be served or offered for sale
in a READY-TO-EAT form:
P
(1)
Raw animal FOODS such as raw FISH, raw-marinated
FISH, raw MOLLUSCAN SHELLFISH, and steak tartare,
P
(2)
A partially cooked animal FOOD such as lightly cooked
FISH, rare MEAT, soft-cooked EGGS that are made from raw
EGGS, and meringue;
P
and
(3)
Raw seed sprouts.
P
(D)
FOOD EMPLOYEES may not contact READY-TO-EAT FOOD as
specified under ¶¶ 3-301.11(B) and (E).
P
(E)
Time only, as the public health control as specified under
¶ 3-501.19(D), may not be used for raw EGGS.
P
(F)
Subparagraph (B)(2) of this section does not apply if:
(1)
The raw EGGS are combined immediately before cooking
for one CONSUMER’S serving at a single meal, cooked as
specified under Subparagraph 3-401.11(A)(1), and served
immediately, such as an omelet, soufflé, or scrambled
EGGS;
(2)
The raw EGGS are combined as an ingredient
immediately before baking and the EGGS are thoroughly
cooked to a READY-TO-EAT form, such as a cake, muffin, or
bread; or
(3)
The preparation of the food is conducted under a
HACCP PLAN that:
(a)
Identifies the FOOD to be prepared,
(b)
Prohibits contacting READY-TO-EAT FOOD with
bare hands,
(c)
Includes specifications and practices that
ensure:
112
(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.
Re-service of Food
(G)
Except as specified in paragraph (H) of this section, FOOD
may be re-served as specified under Subparagraph
3-306.14(B)(1) and (2).
Prohibited Re-service of Food
(H)
FOOD may not be re-served under the following conditions:
(1)
Any FOOD served to patients or clients who are under
contact precautions in medical isolation or quarantine, or
protective environment isolation may not be re-served to
others outside.
(2)
Packages of FOOD from any patients, clients, or other
CONSUMERS should not be re-served to PERSONS in
protective environment isolation.
113
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
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:
P
(A) Safe;
P
(B) Durable, CORROSION-RESISTANT, and nonabsorbent;
(C) Sufficient in weight and thickness to withstand repeated
4-1
MATERIALS FOR CONSTRUCTION AND REPAIR
Subparts
4-101
4-102
Multiuse
Single-Service and Single-Use
114
WAREWASHING;
(D) Finished to have a SMOOTH, EASILY CLEANABLE surface; and
(E) Resistant to pitting, chipping, crazing, scratching, scoring,
distortion, and decomposition.
4-101.12 Cast Iron, Use Limitation.
(A)
Except as specified in ¶¶ (B) and (C) of this section, cast iron
may not be used for UTENSILS or FOOD-CONTACT SURFACES of
EQUIPMENT.
(B)
Cast iron may be used as a surface for cooking.
(C)
Cast iron may be used in UTENSILS for serving FOOD if the
UTENSILS are used only as part of an uninterrupted process from
cooking through service.
4-101.13 Lead, Use Limitation.
(A)
Ceramic, china, and crystal UTENSILS, and decorative UTENSILS
such as hand painted ceramic or china that are used in contact with
FOOD shall be lead-free or contain levels of lead not exceeding the
limits of the following UTENSIL categories:
P
U
TENSIL
Category
Ceramic Article
Description
Maximum Lead
MG/L
Beverage Mugs, Cups,
Pitchers
Coffee Mugs
0.5
Large Hollowware
(excluding pitchers)
Bowls > 1.1 Liter
(1.16 Quart)
1
Small Hollowware
(excluding cups & mugs)
Bowls < 1.1 Liter
(1.16 Quart)
2.0
Flat T
ABLEWARE
Plates, Saucers
3.0
(B)
Pewter alloys containing lead in excess of 0.05% may not be
used as a FOOD-CONTACT SURFACE.
P
(C)
Solder and flux containing lead in excess of 0.2% may not be
used as a FOOD-CONTACT SURFACE.
115
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.
P
(B)
Copper and copper alloys may be used in contact with beer
brewing ingredients that have a pH below 6 in the prefermentation
and fermentation steps of a beer brewing operation such as a
brewpub or microbrewery.
4-101.15 Galvanized Metal, Use Limitation.
Galvanized metal may not be used for UTENSILS or FOOD-CONTACT
SURFACES
of EQUIPMENT that are used in contact with acidic FOOD.
P
4-101.16 Sponges, Use Limitation.
Sponges may not be used in contact with cleaned and SANITIZED or
in-use FOOD-CONTACT SURFACES.
4-101.17 Wood, Use Limitation.
(A)
Except as specified in ¶¶ (B), (C), and (D) of this section, wood
and wood wicker may not be used as a FOOD-CONTACT SURFACE.
(B)
Hard maple or an equivalently hard, close-grained wood may be
used for:
(1)
Cutting boards; cutting blocks; bakers' tables; and UTENSILS
such as rolling pins, doughnut dowels, salad bowls, and
chopsticks; and
(2)
Wooden paddles used in confectionery operations for
pressure scraping kettles when manually preparing confections
at a temperature of 110
o
C (230
o
F) or above.
(C)
Whole, uncut, raw fruits and vegetables, and nuts in the shell
may be kept in the wood shipping containers in which they were
received, until the fruits, vegetables, or nuts are used.
116
(D)
If the nature of the FOOD requires removal of rinds, peels,
husks, or shells before consumption, the whole, uncut, raw FOOD
may be kept in:
(1)
Untreated wood containers; or
(2)
Treated wood containers if the containers are treated with a
preservative that meets the requirements specified in 21 CFR
178.3800 Preservatives for wood.
4-101.18 Nonstick Coatings, Use Limitation.
Multiuse KITCHENWARE such as frying pans, griddles, sauce pans,
cookie sheets, and waffle bakers that have a perfluorocarbon resin
coating shall be used with nonscoring or nonscratching UTENSILS
and cleaning aids.
4-101.19 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,
P
or
(2)
Impart colors, odors, or tastes to FOOD; and
(B) Shall be:
(1)
Safe,
P
and
(2)
Clean.
117
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.
P
Cleanability
4-202.11 Food-Contact Surfaces.
(A) Multiuse FOOD-CONTACT SURFACES shall be:
(1)
SMOOTH;
Pf
(2)
Free of breaks, open seams, cracks, chips, inclusions, pits,
and similar imperfections;
Pf
(3)
Free of sharp internal angles, corners, and crevices;
Pf
(4)
Finished to have SMOOTH welds and joints;
Pf
and
4-2
DESIGN AND CONSTRUCTION
Subparts
4-201
4
-202
4
-203
4
-204
4-205
Durability and Strength
Cleanability
Accuracy
Functionality
Acceptability
118
(5)
Except as specified in ¶ (B) of this section, accessible for
cleaning and inspection by one of the following methods:
(a)
Without being disassembled,
Pf
(b)
By disassembling without the use of tools,
Pf
or
(c)
By easy disassembling with the use of handheld tools
commonly available to maintenance and cleaning personnel
such as screwdrivers, pliers, open-end wrenches, and Allen
wrenches.
Pf
(B) Subparagraph (A)(5) of this section does not apply to cooking
oil 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,
Pf
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.
119
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
Subparagraph 4-202.11(A)(5) or capable of being rotated open;
and
(B)
Removable or capable of being rotated open without
unlocking EQUIPMENT doors.
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
o
C in the intended range of use.
Pf
(B) FOOD TEMPERATURE MEASURING DEVICES that are scaled only in
Fahrenheit shall be accurate to ±2
o
F in the intended range of use.
Pf
120
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
o
C in
the intended range of use.
Pf
(B)
Ambient air and water TEMPERATURE MEASURING DEVICES that
are scaled only in Fahrenheit shall be accurate to ±3
o
F in the
intended range of use.
Pf
4-203.13 Pressure Measuring Devices, Mechanical
Warewashing Equipment.
Pressure measuring devices that display the pressures in the water
supply line for the fresh hot water SANITIZING rinse shall have
increments of 7 kilopascals (1 pound per square inch) or smaller
and shall be accurate to ±14 kilopascals (±2 pounds per square
inch) in the range indicated on the manufacturer’s data plate.
Functionality
4-204.11 Ventilation Hood Systems, Drip Prevention.
Exhaust ventilation hood systems in FOOD preparation and
WAREWASHING areas including components such as hoods, fans,
guards, and ducting shall be designed to prevent grease or
condensation from draining or dripping onto FOOD, EQUIPMENT,
UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
4-204.12 Equipment Openings, Closures and Deflectors.
(A) A cover or lid for EQUIPMENT shall overlap the opening and be
sloped to drain.
(B) An opening located within the top of a unit of EQUIPMENT that is
designed for use with a cover or lid shall be flanged upward at least
5 millimeters (two-tenths of an inch).
(C) Except as specified under ¶ (D) of this section, fixed piping,
TEMPERATURE MEASURING DEVICES, rotary shafts, and other parts
121
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;
(C)
The delivery tube or chute and orifice of EQUIPMENT used to
vend liquid FOOD or ice in unPACKAGED form to self-service
CONSUMERS shall be designed so that the delivery tube or chute and
orifice are protected from dust, insects, rodents, and other
contamination by a self-closing door if the EQUIPMENT is:
(1)
Located in an outside area that does not otherwise afford
the protection of an enclosure against the rain, windblown
debris, insects, rodents, and other contaminants that are
present in the environment, or
(2)
Available for self-service during hours when it is not under
the full-time supervision of a FOOD EMPLOYEE; and
(D)
The dispensing EQUIPMENT actuating lever or mechanism and
filling device of CONSUMER self-service BEVERAGE dispensing
EQUIPMENT shall be designed to prevent contact with the lip-contact
122
surface of glasses or cups that are refilled.
(E)
Dispensing EQUIPMENT in which TIME/TEMPERATURE CONTROL FOR
SAFETY FOOD
in a homogenous liquid form is maintained outside of
the temperature control requirements as specified under §3-
501.16(A) shall:
(1)
be specifically designed and equipped to maintain the
commercial sterility of aseptically PACKAGED FOOD in a
homogenous liquid form for a specified duration from the time
of opening the PACKAGING within the EQUIPMENT;
P
and
(2)
conform to the requirements for this EQUIPMENT as specified
in NSF/ANSI 18-2006- Manual Food and Beverage Dispensing
Equipment.
P
4-204.14 Vending Machine, Vending Stage Closure.
The dispensing compartment of a VENDING MACHINE including a
machine that is designed to vend prePACKAGED snack FOOD that is
not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD such as chips,
party mixes, and pretzels shall be equipped with a self-closing door
or cover if the machine is:
(A)
Located in an outside area that does not otherwise afford
the protection of an enclosure against the rain, windblown
debris, insects, rodents, and other contaminants that are
present in the environment; or
(B)
Available for self-service during hours when it is not under
the full-time supervision of a FOOD EMPLOYEE.
4-204.15 Bearings and Gear Boxes, Leakproof.
EQUIPMENT containing bearings and gears that require lubricants
shall be designed and constructed so that the lubricant cannot leak,
drip, or be forced into FOOD or onto FOOD-CONTACT SURFACES.
4-204.16 Beverage Tubing, Separation.
Except for cold plates that are constructed integrally with an ice
storage bin, BEVERAGE tubing and cold-plate BEVERAGE cooling
devices may not be installed in contact with stored ice.
123
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
store or display shellfish that are offered for human consumption
and shall be conspicuously marked so that it is obvious to the
CONSUMER that the shellfish are for display only.
P
(B)
MOLLUSCAN SHELLFISH life-support system display tanks that are
used to store or display shellfish that are offered for human
consumption shall be operated and maintained in accordance with
a VARIANCE granted by the REGULATORY AUTHORITY as specified in
§ 8-103.10 and a HACCP PLAN that:
Pf
(1)
Is submitted by the PERMIT HOLDER and APPROVED as
specified under § 8-103.11;
Pf
and
(2)
Ensures that:
(a)
Water used with FISH other than MOLLUSCAN SHELLFISH
does not flow into the molluscan tank,
Pf
(b)
The safety and quality of the shellfish as they were
received are not compromised by the use of the tank,
Pf
and
124
(c)
The identity of the source of the SHELLSTOCK is retained
as specified under § 3-203.12.
Pf
4-204.111 Vending Machines, Automatic Shutoff.
(A)
A machine vending TIME/TEMPERATURE CONTROL FOR SAFETY
FOOD
shall have an automatic control that prevents the machine
from vending FOOD:
(1)
If there is a power failure, mechanical failure, or other
condition that results in an internal machine temperature that
cannot maintain FOOD temperatures as specified under
Chapter 3;
P
and
(2)
If a condition specified under Subparagraph (A)(1) of this
section occurs, until the machine is serviced and restocked with
FOOD that has been maintained at temperatures specified under
Chapter 3.
P
(B)
When the automatic shutoff within a machine vending
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD is activated:
(1)
In a refrigerated vending machine, the ambient air
temperature may not exceed 5
o
C (41
o
F) for more than 30
minutes immediately after the machine is filled, serviced, or
restocked;
P
or
(2)
In a hot holding vending machine, the ambient air
temperature may not be less than 57
o
C (135
o
F) for more than
120 minutes immediately after the machine is filled, serviced, or
restocked.
P
4-204.112 Temperature Measuring Devices.
(A)
In a mechanically refrigerated or hot FOOD storage unit, the
sensor of a TEMPERATURE MEASURING DEVICE shall be located to
measure the air temperature or a simulated product temperature in
the warmest 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 TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
shall be designed to include and shall be equipped with at least one
125
integral or permanently affixed TEMPERATURE MEASURING DEVICE that
is located to allow easy viewing of the device's temperature display.
(C)
Paragraph (B) of this section does not apply to EQUIPMENT for
which the placement of a TEMPERATURE MEASURING DEVICE is not a
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
o
C or 2
o
F in the intended range of use.
Pf
4-204.113 Warewashing Machine, Data Plate Operating
Specifications.
A WAREWASHING machine shall be provided with an easily
accessible and readable data plate affixed to the machine by the
manufacturer that indicates the machine’s design and operation
specifications including the:
(A)
Temperatures required for washing, rinsing, and SANITIZING;
(B)
Pressure required for the fresh water SANITIZING rinse
unless the machine is designed to use only a pumped
SANITIZING rinse; and
(C)
Conveyor speed for conveyor machines or cycle time for
stationary rack machines.
4-204.114 Warewashing Machines, Internal Baffles.
WAREWASHING machine wash and rinse tanks shall be equipped
with baffles, curtains, or other means to minimize internal cross
contamination of the solutions in wash and rinse tanks.
126
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;
Pf
and
(B)
As the water enters the hot water SANITIZING final rinse
manifold or in the chemical SANITIZING solution tank.
Pf
4-204.116 Manual Warewashing Equipment, Heaters and
Baskets.
If hot water is used for SANITIZATION in manual WAREWASHING
operations, the SANITIZING compartment of the sink shall be:
(A)
Designed with an integral heating device that is capable of
maintaining water at a temperature not less than 77
o
C (171
o
F);
Pf
and
(B)
Provided with a rack or basket to allow complete immersion
of equipment and utensils into the hot water.
Pf
4-204.117 Warewashing Machines, Automatic Dispensing of
Detergents and Sanitizers.
A WAREWASHING machine that is installed after adoption of this
Code by the REGULATORY AUTHORITY, shall be equipped to:
(A) Automatically dispense detergents and SANITIZERS;
Pf
and
(B) Incorporate a visual means to verify that detergents and
SANITIZERS are delivered or a visual or audible alarm to signal if
the detergents and SANITIZERS are not delivered to the
respective washing and SANITIZING cycles.
Pf
4-204.118 Warewashing Machines, Flow Pressure Device.
(A) WAREWASHING machines that provide a fresh hot water
SANITIZING rinse shall be equipped with a pressure gauge or similar
device such as a transducer that measures and displays the water
pressure in the supply line immediately before entering the
127
WAREWASHING machine; and
(B) If the flow pressure measuring device is upstream of the fresh
hot water SANITIZING rinse control valve, the device shall be
mounted in a 6.4 millimeter or one-fourth inch Iron Pipe Size (IPS)
valve.
(C) Paragraphs (A) and (B) of this section do not apply to a
machine that uses only a pumped or recirculated SANITIZING rinse.
4-204.119 Warewashing Sinks and Drainboards,
Self-Draining.
Sinks and drainboards of WAREWASHING sinks and machines shall
be self-draining.
4-204.120 Equipment Compartments, Drainage.
EQUIPMENT compartments that are subject to accumulation of
moisture due to conditions such as condensation, FOOD or
BEVERAGE drip, or water from melting ice shall be sloped to an outlet
that allows complete draining.
4-204.121 Vending Machines, Liquid Waste Products.
(A) VENDING MACHINES designed to store BEVERAGES that are
PACKAGED in containers made from paper products shall be
equipped with diversion devices and retention pans or drains for
container leakage.
(B) VENDING MACHINES that dispense liquid FOOD in bulk shall be:
(1)
Provided with an internally mounted waste receptacle for the
collection of drip, spillage, overflow, or other internal wastes;
and
(2)
Equipped with an automatic shutoff device that will place the
machine out of operation before the waste receptacle overflows.
(C) Shutoff devices specified under Subparagraph (B)(2) of this
section shall prevent water or liquid FOOD from continuously running
if there is a failure of a flow control device in the water or liquid
FOOD system or waste accumulation that could lead to overflow of
128
the waste receptacle.
4-204.122 Case Lot Handling Apparatuses, Moveability.
Apparatuses, such as dollies, pallets, racks, and skids used to store
and transport large quantities of PACKAGED FOODS received from a
supplier in a cased or overwrapped lot, shall be designed to be
moved by hand or by conveniently available apparatuses such as
hand trucks and forklifts.
4-204.123 Vending Machine Doors and Openings.
(A) 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
129
certification program is deemed to comply with Parts 4-1 and 4-2 of
this chapter.
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.
Pf
4-301.12 Manual Warewashing, Sink Compartment
Requirements.
(A)
Except as specified in ¶ (C) of this section, a sink with at least
3 compartments shall be provided for manually washing, rinsing,
and SANITIZING EQUIPMENT and UTENSILS.
Pf
(B)
Sink compartments shall be large enough to accommodate
immersion of the largest EQUIPMENT and UTENSILS. If EQUIPMENT or
UTENSILS are too large for the WAREWASHING sink, a WAREWASHING
machine or alternative EQUIPMENT as specified in ¶ (C) of this
section shall be used.
Pf
(C)
Alternative manual WAREWASHING EQUIPMENT may be used
when there are special cleaning needs or constraints and its use is
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;
4-3
NUMBERS AND CAPACITIES
Subparts
4-301
4-302
4-303
Equipment
Utensils, Temperature Measuring Devices,
and Testing Devices
Cleaning Agents and Sanitizers
130
(4)
Brushes or other implements;
(5)
This has been removed from the Nebraska Food Code
(6)
Receptacles that substitute for the compartments of a
multicompartment sink.
(D)
This has been removed from the Nebraska Food Code
(E)
This has been removed from the Nebraska Food Code
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.
Pf
4-302.12 Food Temperature Measuring Devices.
131
(A) FOOD TEMPERATURE MEASURING DEVICES shall be provided and
readily accessible for use in ensuring attainment and maintenance
of FOOD temperatures as specified under Chapter 3.
Pf
(B) A TEMPERATURE MEASURING DEVICE with a suitable small-
diameter probe that is designed to measure the temperature of thin
masses shall be provided and readily accessible to accurately
measure the temperature in thin FOODS such as MEAT patties and
FISH filets.
Pf
4-302.13 Temperature Measuring Devices, Manual and
Mechanical Warewashing.
(A)
In manual WAREWASHING operations, a TEMPERATURE
MEASURING DEVICE
shall be provided and readily accessible for
frequently measuring the washing and SANITIZING temperatures.
Pf
(B)
In hot water mechanical WAREWASHING operations, an
irreversible registering temperature indicator shall be provided and
readily accessible for measuring the UTENSIL surface temperature.
Pf
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.
Pf
Cleaning Agents and Sanitizers
4-303.11 Cleaning Agents and Sanitizers, Availability
(A) Cleaning agents that are used to clean EQUIPMENT and UTENSILS
as specified under Part 4-6, shall be provided and available for use
during all hours of operation.
(B) Except for those that are generated on-site at the time of use,
chemical SANITIZERS that are used to sanitize EQUIPMENT and
UTENSILS as specified under Part 4-7, shall be provided and
available for use during all hours of operation.
132
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.
(C)
If a mechanical clothes washer or dryer is provided, it shall be
located so that the washer or dryer is protected from contamination
and only where there is no exposed FOOD; clean EQUIPMENT,
UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-
USE ARTICLES.
Installation
4-4 LOCATION AND INSTALLATION
Subparts
4-401
4-402
Location
Installation
133
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) COUNTER-MOUNTED EQUIPMENT that is not EASILY MOVABLE shall
be installed to allow cleaning of the EQUIPMENT and areas
underneath and around the EQUIPMENT by being:
(1)
SEALED; or
(2)
Elevated on legs as specified under ¶ 4-402.12(D).
4-402.12 Fixed Equipment, Elevation or Sealing.
(A)
Except as specified in ¶¶ (B) and (C) of this section, floor-
mounted EQUIPMENT that is not EASILY MOVABLE shall be SEALED to
the floor or elevated on legs that provide at least a 15 centimeter (6
inch) clearance between the floor and the EQUIPMENT.
(B)
If no part of the floor under the floor-mounted EQUIPMENT is
more than 15 centimeters (6 inches) from the point of cleaning
access, the clearance space may be only 10 centimeters (4
inches).
(C)
This section does not apply to display shelving units, display
refrigeration units, and display freezer units located in the
CONSUMER 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, COUNTER-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 COUNTER-MOUNTED
134
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.
135
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.
(C) Cutting or piercing parts of can openers shall be kept sharp to
minimize the creation of metal fragments that can contaminate
FOOD when the container is opened.
4-501.12 Cutting Surfaces.
Surfaces such as cutting blocks and boards that are subject to
scratching and scoring shall be resurfaced if they can no longer be
effectively cleaned and SANITIZED, or discarded if they are not
capable of being resurfaced.
4-501.13 Microwave Ovens.
Microwave ovens shall meet the safety standards specified in
21 CFR 1030.10 Microwave ovens.
4-501.14 Warewashing Equipment, Cleaning Frequency.
A WAREWASHING machine; the compartments of sinks, basins, or
other receptacles used for washing and rinsing EQUIPMENT,
UTENSILS, or raw FOODS, or laundering wiping cloths; and
drainboards or other EQUIPMENT used to substitute for drainboards
as specified under § 4-301.13 shall be cleaned:
4-5 MAINTENANCE AND OPERATION
Subparts
4-501
4-502
Equipment
Utensils and Temperature and Pressure
Measuring Devices
136
(A)
Before use;
(B)
Throughout the day at a frequency necessary to prevent
recontamination of EQUIPMENT and UTENSILS and to ensure that
the EQUIPMENT performs its intended function; and
(C)
If used, at least every 24 hours.
4-501.15 Warewashing Machines, Manufacturers' Operating
Instructions.
(A) A WAREWASHING machine and its auxiliary components shall be
operated in accordance with the machine's data plate and other
manufacturer's instructions.
(B) A WAREWASHING machine's conveyor speed or automatic cycle
times shall be maintained accurately timed in accordance with
manufacturer's specifications.
4-501.16 Warewashing Sinks, Use Limitation.
(A) A WAREWASHING sink may not be used for handwashing as
specified under § 2-301.15.
(B) If a WAREWASHING sink is used to wash wiping cloths, wash
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.
Pf
137
4-501.18 Warewashing Equipment, Clean Solutions.
The wash, rinse, and SANITIZE solutions shall be maintained clean.
4-501.19 Manual Warewashing Equipment, Wash Solution
Temperature.
The temperature of the wash solution in manual WAREWASHING
EQUIPMENT
shall be maintained at not less than 43
o
C (110
o
F) or the
temperature specified on the cleaning agent manufacturer's label
instructions.
Pf
4-501.110 Mechanical Warewashing Equipment, Wash
Solution Temperature.
(A)
The temperature of the wash solution in spray type
warewashers that use hot water to SANITIZE may not be less than:
(1)
For a stationary rack, single temperature machine, 74
o
C
(165
o
F);
Pf
(2)
For a stationary rack, dual temperature machine, 66
o
C
(150
o
F);
Pf
(3)
For a single tank, conveyor, dual temperature machine, 71
o
C
(160
o
F);
Pf
or
(4)
For a multitank, conveyor, multitemperature machine, 66
o
C
(150
o
F).
Pf
(B)
The temperature of the wash solution in spray-type
warewashers that use chemicals to SANITIZE may not be less than
49
o
C (120
o
F).
Pf
4-501.111 Manual Warewashing Equipment, Hot Water
Sanitization Temperatures.
If immersion in hot water is used for SANITIZING in a manual
operation, the temperature of the water shall be maintained at 77
o
C
(171
o
F) or above.
P
138
4-501.112 Mechanical Warewashing Equipment, Hot Water
Sanitization Temperatures.
(A)
Except as specified in ¶ (B) of this section, in a mechanical
operation, the temperature of the fresh hot water SANITIZING rinse as
it enters the manifold may not be more than 90
o
C (194
o
F), or less
than:
Pf
(1)
For a stationary rack, single temperature machine, 74
o
C
(165
o
F);
Pf
or
(2)
For all other machines, 82
o
C (180
o
F).
Pf
(B)
The maximum temperature specified under ¶ (A) of this section,
does not apply to the high pressure and temperature systems with
wand-type, hand-held, spraying devices used for the in-place
cleaning and SANITIZING of EQUIPMENT such as meat saws.
4-501.113 Mechanical Warewashing Equipment, Sanitization
Pressure.
The flow pressure of the fresh hot water SANITIZING rinse in a
WAREWASHING machine, as measured in the water line immediately
downstream or upstream from the fresh hot water SANITIZING
rinse control value, shall be within the range specified on the
machine manufacturer’s data plate and may not be less than 35
kilopascals (5 pounds per square inch) or more than 200
kilopascals (30 pounds per square inch).
4-501.114 Manual and Mechanical Warewashing Equipment,
Chemical Sanitization - Temperature, pH,
Concentration, and Hardness.
A chemical SANITIZER used in a SANITIZING solution for a manual or
mechanical operation at contact times specified under ¶4-703.11(C)
shall meet the criteria specified under §7-204.11 Sanitizers,
Criteria, shall be used in accordance with the EPA-registered label
use instructions,
P
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;
P
139
Concentration
Range
(MG/L)
Minimum Temperature
PH 10 or less
°C (°F)
Minimum Temperature
PH 8 or less
°C (°F)
25 – 49 49 (120) 49 (120)
50 – 99 38 (100) 24 (75)
100 13 (55) 13 (55)
(B)
An iodine solution shall have a:
(1)
Minimum temperature of 20°C (68°F),
P
(2)
PH of 5.0 or less or a PH no higher than the level for
which the manufacturer specifies the solution is effective,
P
and
(3)
Concentration between 12.5 MG/L and 25 MG/L;
P
(C)
A quaternary ammonium compound solution shall:
(1)
Have a minimum temperature of 24
o
C (75
o
F),
P
(2)
Have a concentration as specified under § 7-204.11
and as indicated by the manufacturer's use directions
included in the labeling,
P
and
(3)
Be used only in water with 500 MG/L hardness or less
or in water having a hardness no greater than specified by
the EPA-registered label use instructions;
P
(D)
If another solution of a chemical specified under ¶¶ (A) -
(C) of this section is used, the PERMIT HOLDER shall
demonstrate to the REGULATORY AUTHORITY that the solution
achieves SANITIZATION and the use of the solution shall be
APPROVED;
P
(E)
If a chemical SANITIZER other than chlorine, iodine, or a
quaternary ammonium compound is used, it shall be applied in
accordance with the EPA-registered label use instructions;
P
and
(F)
If a chemical SANITIZER is generated by a device located
on-site at the FOOD ESTABLISHMENT it shall be used as specified
140
in ¶¶(A) - (D) of this section and shall be produced by a device
that:
(1)
Complies with regulation as specified in §§ 2(q)(1)
and 12 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA),
P
(2)
Complies with 40 CFR 152.500 Requirement for
Devices and 40 CFR 156.10 Labeling Requirements,
P
(3)
Displays the EPA device manufacturing facility
registration number on the device,
Pf
and
(4)
Is operated and maintained in accordance with
manufacturer’s instructions
Pf
.
4-501.115 Manual Warewashing Equipment, Chemical
Sanitization Using Detergent-Sanitizers.
If a detergent-SANITIZER is used to SANITIZE in a cleaning and
SANITIZING procedure where there is no distinct water rinse between
the washing and SANITIZING steps, the agent applied in the
SANITIZING step shall be the same detergent-SANITIZER that is used
in the washing step.
4-501.116 Warewashing Equipment, Determining Chemical
Sanitizer Concentration.
Concentration of the SANITIZING solution shall be accurately
determined by using a test kit or other device.
Pf
Utensils and Temperature and Pressure 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.
Pf
141
(C) Ambient air temperature, water pressure, and water
TEMPERATURE MEASURING DEVICES shall be maintained in good repair
and be accurate within the intended range of use.
4-502.12 Single-Service and Single-Use Articles, Required
Use.
A FOOD ESTABLISHMENT without facilities specified under Parts 4-6
and 4-7 for cleaning and SANITIZING KITCHENWARE and TABLEWARE
shall provide only SINGLE-USE KITCHENWARE, SINGLE-SERVICE
ARTICLES
, and SINGLE-USE ARTICLES for use by FOOD EMPLOYEES AND
SINGLE
-SERVICE ARTICLES for use by CONSUMERS.
P
4-502.13 Single-Service and Single-Use Articles, Use
Limitation.
(A) SINGLE-SERVICE and SINGLE-USE ARTICLES may not be reused.
(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.
142
Objective
4-601.11 Equipment, Food-Contact Surfaces, Nonfood-
Contact Surfaces, and Utensils.
(A) EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be
clean to sight and touch.
Pf
(B) The FOOD-CONTACT SURFACES of cooking EQUIPMENT and pans
shall be kept free of encrusted grease deposits and other soil
accumulations.
(C) NonFOOD-CONTACT SURFACES of EQUIPMENT shall be kept free of
an accumulation of dust, dirt, FOOD residue, and other debris.
Frequency
4-602.11 Equipment Food-Contact Surfaces and Utensils.
(A) EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be
cleaned:
(1)
Except as specified in ¶ (B) of this section, before each use
with a different type of raw animal FOOD such as beef, FISH,
lamb, pork, or POULTRY;
P
(2)
Each time there is a change from working with raw FOODS to
working with READY-TO-EAT FOODS;
P
(3)
Between uses with raw fruits and vegetables and with
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;
P
(4)
Before using or storing a FOOD TEMPERATURE MEASURING
DEVICE
;
P
and
4-6
CLEANING OF EQUIPMENT AND UTENSILS
Subparts
4-601
4
-602
4-603
Objective
Frequency
Methods
143
(5)
At any time during the operation when contamination may
have occurred.
P
(B) Subparagraph (A)(1) of this section does not apply if the FOOD-
CONTACT SURFACE or UTENSIL is in contact with a succession of
different types of raw MEAT and POULTRY each requiring a higher
cooking temperature as specified under § 3-401.11 than the
previous type.
(C) Except as specified in ¶ (D) of this section, if used with
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, EQUIPMENT FOOD-
CONTACT SURFACES and UTENSILS shall be cleaned throughout the
day at least every 4 hours.
P
(D) Surfaces of UTENSILS and EQUIPMENT contacting
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD may be cleaned less
frequently than every 4 hours if:
(1)
In storage, containers of TIME/TEMPERATURE CONTROL FOR
SAFETY FOOD
and their contents are maintained at temperatures
specified under Chapter 3 and the containers are cleaned
when they are empty;
(2)
UTENSILS and EQUIPMENT are used to prepare FOOD in a
refrigerated room or area that is maintained at one of the
temperatures in the following chart and:
(a)
The UTENSILS and EQUIPMENT are cleaned at the
frequency in the following chart that corresponds to the
temperature; and
Temperature Cleaning Frequency
5.0°C (41°F) or less 24 hours
>5.0°C - 7.2°C
(>41°F - 45°F)
20 hours
>7.2°C - 10.0°C
(>45°F - 50°F)
16 hours
>10.0°C - 12.8°C
(>50°F - 55°F)
10 hours
(b)
The cleaning frequency based on the ambient
144
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 TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD
that is maintained at the
temperatures specified under Chapter 3, are intermittently
combined with additional supplies of the same FOOD that is at
the required temperature, and the containers are cleaned at
least every 24 hours;
(4)
TEMPERATURE MEASURING DEVICES are maintained in contact
with FOOD, such as when left in a container of deli FOOD or in a
roast, held at temperatures specified under Chapter 3;
(5)
EQUIPMENT is used for storage of PACKAGED or unPACKAGED
FOOD
such as a reach-in refrigerator and the EQUIPMENT is
cleaned at a frequency necessary to preclude accumulation of
soil residues;
(6)
The cleaning schedule is APPROVED based on consideration
of:
(a)
Characteristics of the EQUIPMENT and its use,
(b)
The type of FOOD involved,
(c)
The amount of FOOD residue accumulation, and
(d)
The temperature at which the FOOD is maintained during
the operation and the potential for the rapid and progressive
multiplication of pathogenic or toxigenic microorganisms
that are capable of causing foodborne disease; or
(7)
In-use UTENSILS are intermittently stored in a container of
water in which the water is maintained at 57
o
C (135
o
F) or more
and the UTENSILS and container are cleaned at least every 24
hours or at a frequency necessary to preclude accumulation of
soil residues.
(E) Except when dry cleaning methods are used as specified under
§ 4-603.11, surfaces of UTENSILS and EQUIPMENT contacting FOOD
that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be
cleaned:
(1)
At any time when contamination may have occurred;
145
(2)
At least every 24 hours for iced tea dispensers and
CONSUMER self-service UTENSILS such as tongs, scoops, or
ladles;
(3)
Before restocking CONSUMER self-service EQUIPMENT and
UTENSILS such as condiment dispensers and display containers;
and
(4)
In EQUIPMENT such as ice bins and BEVERAGE dispensing
nozzles and enclosed components of EQUIPMENT such as ice
makers, cooking oil storage tanks and distribution lines,
BEVERAGE and syrup dispensing lines or tubes, coffee bean
grinders, and water vending EQUIPMENT:
(a)
At a frequency specified by the manufacturer, or
(b)
Absent manufacturer specifications, at a frequency
necessary to preclude accumulation of soil or mold.
4-602.12 Cooking and Baking Equipment.
(A) The FOOD-CONTACT SURFACES of cooking and baking EQUIPMENT
shall be cleaned at least every 24 hours. This section does not
apply to hot oil cooking and filtering EQUIPMENT if it is cleaned as
specified in Subparagraph 4-602.11(D)(6).
(B) The cavities and door seals of microwave ovens shall be
cleaned at least every 24 hours by using the manufacturer's
recommended cleaning procedure.
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 TIME/TEMPERATURE CONTROL FOR SAFETY
146
FOOD.
(B)
Cleaning EQUIPMENT used in dry cleaning FOOD-CONTACT
SURFACES
may not be used for any other purpose.
4-603.12 Precleaning.
(A) FOOD debris on EQUIPMENT and UTENSILS shall be scraped over
a waste disposal unit or garbage receptacle or shall be removed in
a WAREWASHING machine with a prewash cycle.
(B) If necessary for effective cleaning, UTENSILS and EQUIPMENT
shall be preflushed, presoaked, or scrubbed with abrasives.
4-603.13 Loading of Soiled Items, Warewashing Machines.
Soiled items to be cleaned in a WAREWASHING machine shall be
loaded into racks, trays, or baskets or onto conveyors in a position
that:
(A)
Exposes the items to the unobstructed spray from all
cycles; and
(B)
Allows the items to drain.
4-603.14 Wet Cleaning.
(A) 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 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.
147
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 scraped or
rough cleaned to remove FOOD particle accumulation; and
(C) EQUIPMENT and UTENSILS shall be washed as specified
under ¶ 4-603.14(A).
4-603.16 Rinsing Procedures.
Washed UTENSILS and EQUIPMENT shall be rinsed so that abrasives
are removed and cleaning chemicals are removed or diluted
through the use of water or a detergent-sanitizer solution by using
one of the following procedures:
(A)
Use of a distinct, separate water rinse after washing and
before SANITIZING if using:
(1)
A 3-compartment sink,
(2)
Alternative manual WAREWASHING EQUIPMENT equivalent
to a 3-compartment sink as specified in ¶ 4-301.12(C), or
(3)
A 3-step washing, rinsing, and SANITIZING procedure in a
WAREWASHING system for CIP EQUIPMENT;
(B)
Use of a detergent-SANITIZER as specified under
§ 4-501.115 if using:
(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;
148
(C)
This has been removed from the Nebraska Food Code
(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.
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.
P
4-7
SANITIZATION OF EQUIPMENT AND UTENSILS
Subparts
4-701
4-702
4-703
Objective
Frequency
Methods
149
Methods
4-703.11 Hot Water and Chemical.
After being cleaned, EQUIPMENT FOOD-CONTACT SURFACES and
UTENSILS shall be SANITIZED in:
(A) Hot water manual operations by immersion for at least 30
seconds and as specified under § 4-501.111;
P
(B) Hot water mechanical operations by being cycled through
EQUIPMENT that is set up as specified under §§ 4-501.15,
4-501.112, and 4-501.113 and achieving a UTENSIL surface
temperature of 71
o
C (160
o
F) as measured by an irreversible
registering temperature indicator;
P
or
(C) Chemical manual or mechanical operations, including the
application of SANITIZING chemicals by immersion, manual
swabbing, brushing, or pressure spraying methods, using a
solution as specified under § 4-501.114. Contact times shall
be consistent with those on EPA-registered label use
instructions by providing:
(1)
Except as specified under Subparagraph (C)(2) of this
section, a contact time of at least 10 seconds for a chlorine
solution specified under ¶ 4-501.114(A),
P
(2)
A contact time of at least 7 seconds for a chlorine
solution of 50 MG/L that has a PH of 10 or less and a
temperature of at least 38
o
C (100
o
F) or a PH of 8 or less
and a temperature of at least 24
o
C (75
o
F),
P
(3)
A contact time of at least 30 seconds for other chemical
SANITIZING solutions,
P
or
(4)
A contact time used in relationship with a combination of
temperature, concentration, and PH that, when evaluated
for efficacy, yields SANITIZATION as defined in ¶ 1-201.10(B).
P
150
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, FISH, lamb, pork or POULTRY.
(C) This has been removed from the Nebraska Food Code.
(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.
4-8
LAUNDERING
Subparts
4-801
4-802
4-803
Objective
Frequency
Methods
151
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
Preventing Contamination
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 the first paragraph of 40 CFR 180.940 Tolerance
exemptions for active and inert ingredients for use in
152
antimicrobial formulations (food-contact surface SANITIZING
solutions), before contact with FOOD; and
(B)
May not be cloth dried except that UTENSILS that have been
air-dried may be polished with cloths that are maintained clean
and dry.
4-901.12 Wiping Cloths, Air-Drying Locations.
Wiping cloths laundered in a FOOD ESTABLISHMENT that does not
have a mechanical clothes dryer as specified in ¶ 4-301.15(B) shall
be air-dried in a location and in a manner that prevents
contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-
SERVICE and SINGLE-USE ARTICLES and the wiping cloths. This
section does not apply if wiping cloths are stored after laundering in
a SANITIZING solution as specified under § 4-501.114.
Lubricating and Reassembling
4-902.11 Food-Contact Surfaces.
Lubricants as specified under § 7-205.11 shall be applied to FOOD-
CONTACT SURFACES that require lubrication in a manner that does
not contaminate FOOD-CONTACT SURFACES.
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;
153
(2)
Where they are not exposed to splash, dust, or other
contamination; and
(3)
At least 15 cm (6 inches) above the floor.
(B)
Clean EQUIPMENT and UTENSILS shall be stored as specified
under ¶ (A) of this section and shall be stored:
(1)
In a self-draining position that allows air drying; and
(2)
Covered or inverted.
(C)
SINGLE-SERVICE and SINGLE-USE ARTICLES shall be stored as
specified under ¶ (A) of this section and shall be kept in the original
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.
154
(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.
Preventing Contamination
4-904.11 Kitchenware and Tableware.
(A) SINGLE-SERVICE and SINGLE-USE ARTICLES and cleaned and
SANITIZED UTENSILS shall be handled, displayed, and dispensed so
that contamination of FOOD- and lip-contact surfaces is prevented.
(B) Knives, forks, and spoons that are not prewrapped shall be
presented so that only the handles are touched by EMPLOYEES and
by CONSUMERS if CONSUMER self-service is provided.
(C) Except as specified under ¶ (B) of this section, SINGLE-SERVICE
ARTICLES
that are intended for FOOD- or lip-contact shall be
furnished for CONSUMER self-service with the original individual
wrapper intact or from an APPROVED dispenser.
4-904.12 Soiled and Clean Tableware.
Soiled TABLEWARE shall be removed from CONSUMER eating and
drinking areas and handled so that clean TABLEWARE is not
contaminated.
4-904.13 Preset Tableware.
(A) Except as specified in ¶ (B) of this section, TABLEWARE that is
preset shall be protected from contamination by being wrapped,
covered, or inverted.
(B) Preset TABLEWARE may be exposed if:
(1)
Unused settings are removed when a CONSUMER is seated;
or
(2)
Settings not removed when a CONSUMER is seated are
cleaned and SANITIZED before further use.
155
4-904.14 Rinsing Equipment and Utensils after Cleaning
and Sanitizing.
After being cleaned and SANITIZED, EQUIPMENT and UTENSILS shall
not be rinsed before air drying or use unless:
(A) The rinse is applied directly from a potable water supply by
a warewashing machine that is maintained and operated as
specified under Subparts 4-204 and 4-501; and
(B) The rinse is applied only after the EQUIPMENT and UTENSILS
have been SANITIZED by the application of hot water or by the
application of a chemical SANITIZER solution whose EPA-
registered label use instructions call for rinsing off the SANITIZER
after it is applied in a commercial WAREWASHING machine.
156
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;
P
or
(B) A nonPUBLIC WATER SYSTEM that is constructed, maintained,
and operated according to LAW.
P
5-101.12 System Flushing and Disinfection.
A DRINKING WATER system shall be flushed and disinfected before
being placed in service after construction, repair, or modification
and after an emergency situation, such as a flood, that may
introduce contaminants to the system.
P
Chapter
5
Water, Plumbing,
and Waste
157
5-101.13 Bottled Drinking Water.
BOTTLED DRINKING WATER used or sold in a FOOD ESTABLISHMENT
shall be obtained from APPROVED sources in accordance with
21 CFR 129 - Processing and Bottling of Bottled DRINKING WATER.
P
Quality
5-102.11 Standards.
Except as specified under § 5-102.12:
(A) Water from a PUBLIC WATER SYSTEM shall meet 40 CFR 141
- National Primary Drinking Water Regulations and state
DRINKING WATER quality standards;
P
and
(B) Water from a nonPUBLIC WATER SYSTEM shall meet state
DRINKING WATER quality standards.
P
5-102.12 Nondrinking Water.
(A) A nonDRINKING WATER supply shall be used only if its use is
APPROVED.
P
(B) NonDRINKING WATER shall be used only for nonculinary purposes
such as air conditioning, nonFOOD EQUIPMENT cooling, and fire
protection.
P
5-102.13 Sampling.
Except when used as specified under § 5-102.12, water from a
nonPUBLIC WATER SYSTEM shall be sampled and tested at least
annually and as required by state water quality regulations.
Pf
5-102.14 Sample Report.
The most recent sample report for the nonPUBLIC WATER SYSTEM
shall be retained on file in the FOOD ESTABLISHMENT or the report
shall be maintained as specified by state water quality regulations.
158
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.
Pf
(B)
Hot water generation and distribution systems shall be sufficient
to meet the peak hot water demands throughout the FOOD
ESTABLISHMENT
.
Pf
5-103.12 Pressure.
Water under pressure shall be provided to all fixtures, EQUIPMENT,
and 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.
Pf
Distribution, Delivery, and Retention
81-2,272.31. Water supply (Replaces 2017 Food Code 5-104.11)
Except in response to a temporary interruption of a water supply in the food establishment, any food
establishment which is not a food delivery service, mobile food unit, or temporary food establishment
shall:
Pf
(1) Have water under pressure provided to all fixtures, equipment, and nonfood equipment that are
required to use water;
Pf
(2) Receive water through the use of an approved water main;
Pf
(3) Have a permanent plumbing system; and
Pf
(4) Have at least one toilet which is permanent, convenient, and accessible.
Pf
5-104.12 Alternative Water Supply.
Water meeting the requirements specified under Subparts 5-101,
5-102, and 5-103 shall be made available for a mobile facility, for a
TEMPORARY FOOD ESTABLISHMENT without a permanent water supply,
and for a FOOD ESTABLISHMENT with a temporary interruption of its
water supply through:
159
(A)
A supply of containers of commercially BOTTLED DRINKING
WATER
;
Pf
(B)
One or more closed portable water containers;
Pf
(C)
An enclosed vehicular water tank;
Pf
(D)
An on-PREMISES water storage tank;
Pf
or
(E)
Piping, tubing, or hoses connected to an adjacent
APPROVED source.
Pf
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.
P
(B) A water filter shall be made of SAFE MATERIALS.
P
Design, Construction, and Installation
5-202.11 Approved System and Cleanable Fixtures.
(A) A PLUMBING SYSTEM shall be designed, constructed, and
installed according to LAW.
P
(B) A PLUMBING FIXTURE such as a HANDWASHING SINK, toilet, or
urinal shall be EASILY CLEANABLE.
160
5-202.12 Handwashing Sink, Installation.
(A) A HANDWASHING SINK shall be equipped to provide water at a
temperature of at least 38
o
C (100
o
F) through a mixing valve or
combination faucet.
Pf
(B) A steam mixing valve may not be used at a HANDWASHING SINK.
(C) A self-closing, slow-closing, or metering faucet shall provide a
flow of water for at least 15 seconds without the need to reactivate
the faucet.
(D) An automatic handwashing facility shall be installed in
accordance with manufacturer’s instructions.
5-202.13 Backflow Prevention, Air Gap.
An air gap between the water supply inlet and the flood level rim of
the PLUMBING FIXTURE, EQUIPMENT, or nonFOOD EQUIPMENT shall be
at least twice the diameter of the water supply inlet and may not be
less than 25 mm (1 inch).
P
5-202.14 Backflow Prevention Device, Design Standard.
A backflow or backsiphonage prevention device installed on a
water supply system shall meet American Society of Sanitary
Engineering (A.S.S.E.) standards for construction, installation,
maintenance, inspection, and testing for that specific application
and type of device.
P
5-202.15 Conditioning Device, Design.
A water filter, screen, and other water conditioning device installed
on water lines shall be designed to facilitate disassembly for
periodic servicing and cleaning. A water filter element shall be of
the replaceable type.
Numbers and Capacities
5-203.11 Handwashing Sinks.
(A)
Except as specified in ¶¶ (B) and (C) of this section, at least 1
HANDWASHING SINK, a number of HANDWASHING SINKS necessary for
their convenient use by EMPLOYEES in areas specified under
161
§ 5-204.11, and not fewer than the number of HANDWASHING SINKS
required by LAW shall be provided.
Pf
(B)
If APPROVED and capable of removing the types of soils
encountered in the FOOD operations involved, automatic
handwashing facilities may be substituted for HANDWASHING SINKS in
a FOOD ESTABLISHMENT that has at least 1 HANDWASHING SINK.
(C)
If APPROVED, when FOOD exposure is limited and HANDWASHING
SINKS
are not conveniently available, such as in some mobile or
TEMPORARY 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.
(A) At least 1 service sink or 1 curbed cleaning facility equipped
with a floor drain shall be provided and conveniently located for the
cleaning of mops or similar wet floor cleaning tools and for the
disposal of mop water and similar liquid waste.
(B) Toilets and urinals may not be used as a service sink for the
disposal of mop water and similar liquid waste.
5-203.14 Backflow Prevention Device, When Required.
A PLUMBING SYSTEM shall be installed to preclude backflow of a
solid, liquid, or gas contaminant into the water supply system at
each point of use at the FOOD ESTABLISHMENT, including on a hose
bibb if a hose is attached or on a hose bibb if a hose is not attached
and backflow prevention is required by LAW, by:
(A)
Providing an air gap as specified under § 5-202.13
P
; or
(B)
Installing an APPROVED backflow prevention device as
specified under § 5-202.14.
P
162
5-203.15 Backflow Prevention Device, Carbonator.
(A)
If not provided with an air gap as specified under §5-202.13, a
dual check valve with an intermediate vent preceded by a screen of
not less than 100 mesh to 25.4 mm (100 mesh to 1 inch) shall be
installed upstream from a carbonating device and downstream from
any copper in the water supply line.
P
(B)
A dual check valve attached to the carbonator need not be of
the vented type if an air gap or vented backflow prevention device
has been otherwise provided as specified under ¶ (A) of this
section.
Location and Placement
5-204.11 Handwashing Sinks.
A HANDWASHING SINK shall be located:
(A)
To allow convenient use by EMPLOYEES in FOOD preparation,
FOOD dispensing, and WAREWASHING areas;
Pf
and
(B)
In, or immediately adjacent to, toilet rooms.
Pf
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 Sink.
(A) A HANDWASHING SINK shall be maintained so that it is accessible
at all times for EMPLOYEE use.
Pf
(B) A HANDWASHING SINK may not be used for purposes other than
handwashing.
Pf
163
(C) An automatic handwashing facility shall be used in accordance
with manufacturer’s instructions.
Pf
5-205.12 Prohibiting a Cross Connection.
(A) A PERSON may not create a cross connection by connecting a
pipe or conduit between the DRINKING WATER system and a
nonDRINKING WATER system or a water system of unknown quality.
P
(B) The piping of a nonDRINKING WATER system shall be durably
identified so that it is readily distinguishable from piping that carries
DRINKING WATER.
Pf
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
.
Pf
5-205.14 Water Reservoir of Fogging Devices, Cleaning.
(A)
A reservoir that is used to supply water to a device such as a
produce fogger shall be:
(1)
Maintained in accordance with manufacturer's specifications;
P
and
(2)
Cleaned in accordance with manufacturer's specifications or
according to the procedures specified under ¶ (B) of this
section, whichever is more stringent.
P
(B)
Cleaning procedures shall include at least the following steps
and shall be conducted at least once a week:
(1)
Draining and complete disassembly of the water and aerosol
contact parts;
P
(2)
Brush-cleaning the reservoir, aerosol tubing, and discharge
nozzles with a suitable detergent solution;
P
164
(3)
Flushing the complete system with water to remove the
detergent solution and particulate accumulation;
P
and
(4)
Rinsing by immersing, spraying, or swabbing the reservoir,
aerosol tubing, and discharge nozzles with at least 50 MG/L
hypochlorite solution.
P
5-205.15 System Maintained in Good Repair.
A PLUMBING SYSTEM shall be:
(A)
Repaired according to LAW;
P
and
(B)
Maintained in good repair.
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;
P
(B) Durable, CORROSION-RESISTANT, and nonabsorbent; and
(C) Finished to have a SMOOTH, EASILY CLEANABLE surface.
165
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.
166
5-302.15 Inlet and Outlet, Sloped to Drain.
(A)
A water tank and its inlet and outlet shall be sloped to drain.
(B)
A water tank inlet shall be positioned so that it is protected from
contaminants such as waste discharge, road dust, oil, or grease.
5-302.16 Hose, Construction and Identification.
A hose used for conveying DRINKING WATER from a water tank shall
be:
(A) Safe;
P
(B) Durable, CORROSION-RESISTANT, and nonabsorbent;
(C) Resistant to pitting, chipping, crazing, scratching, scoring,
distortion, and decomposition;
(D) Finished with a SMOOTH interior surface; and
(E) Clearly and durably identified as to its use if not
permanently attached.
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.
P
5-303.12 Protective Cover or Device.
A cap and keeper chain, closed cabinet, closed storage tube, or
other APPROVED protective cover or device shall be provided for a
water inlet, outlet, and hose.
5-303.13 Mobile Food Establishment Tank Inlet.
A mobile FOOD ESTABLISHMENT'S water tank inlet shall be:
(A) 19.1 mm (three-fourths inch) in inner diameter or less; and
167
(B) Provided with a hose connection of a size or type that will
prevent its use for any other service.
Operation and Maintenance
5-304.11 System Flushing and Sanitization.
A water tank, pump, and hoses shall be flushed and SANITIZED
before being placed in service after construction, repair,
modification, and periods of nonuse.
P
5-304.12 Using a Pump and Hoses, Backflow Prevention.
A PERSON shall operate a water tank, pump, and hoses so that
backflow and other contamination of the water supply are
prevented.
5-304.13 Protecting Inlet, Outlet, and Hose Fitting.
If not in use, a water tank and hose inlet and outlet fitting shall be
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.
P
(B)
Water tanks, pumps, and hoses APPROVED for liquid FOODS may
be used for conveying DRINKING WATER if they are cleaned and
SANITIZED before they are used to convey water.
168
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), (C), and (D) of this section, a
direct connection may not exist between the SEWAGE system and a
drain originating from EQUIPMENT in which FOOD, portable
EQUIPMENT, or UTENSILS are placed.
P
(B)
Paragraph (A) of this section does not apply to floor drains that
originate in refrigerated spaces that are constructed as an integral
part of the building.
(C)
If allowed by LAW, a WAREWASHING machine may have a direct
connection between its waste outlet and a floor drain when the
5-4
SEWAGE, OTHER LIQUID WASTE, AND RAINWATER
Subparts
5-401
5
-402
5-403
Mobile Holding Tank
Retention, Drainage, and Delivery
Disposal Facility
169
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.
(D)
If allowed by LAW, a WAREWASHING or culinary sink may have a
direct connection.
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.
P
5-402.14 Removing Mobile Food Establishment Wastes.
SEWAGE and other liquid wastes shall be removed from a mobile
FOOD ESTABLISHMENT at an APPROVED waste SERVICING AREA or by a
SEWAGE transport vehicle in such a way that a public health HAZARD
or nuisance is not created.
Pf
5-402.15 Flushing a Waste Retention Tank.
A tank for liquid waste retention shall be thoroughly flushed and
drained in a sanitary manner during the servicing operation.
Disposal Facility
design and construction
5-403.11 Approved Sewage Disposal System.
SEWAGE shall be disposed through an APPROVED facility that is:
170
(A) A public SEWAGE treatment plant;
P
or
(B) An individual SEWAGE disposal system that is sized,
constructed, maintained, and operated according to LAW.
P
5-403.12 Other Liquid Wastes and Rainwater.
Condensate drainage and other nonSEWAGE liquids and rainwater
shall be drained from point of discharge to disposal according to
LAW.
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.
5-5
REFUSE, RECYCLABLES, AND RETURNABLES
Subparts
5-501
5-502
5-503
Facilities on the Premises
Removal
Facilities for Disposal and Recycling
171
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.
Except for a receptacle for BEVERAGE bottle crown closures, a
REFUSE receptacle may not be located within a VENDING MACHINE.
5-501.15 Outside Receptacles.
(A)
Receptacles and waste handling units for REFUSE, recyclables,
and returnables used with materials containing FOOD residue and
used outside the FOOD ESTABLISHMENT shall be designed and
constructed to have tight-fitting lids, doors, or covers.
(B)
Receptacles and waste handling units for REFUSE and
recyclables such as an on-site compactor shall be installed so that
accumulation 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
172
REFUSE, recyclables, and returnables that accumulate.
(B)
A receptacle shall be provided in each area of the FOOD
ESTABLISHMENT
or PREMISES where REFUSE is generated or
commonly discarded, or where recyclables or returnables are
placed.
(C)
If disposable towels are used at handwashing lavatories, a
waste receptacle shall be located at each lavatory or group of
adjacent lavatories.
5-501.17 Toilet Room Receptacle, Covered.
A toilet room used by females shall be provided with a covered
receptacle for sanitary napkins.
5-501.18 Cleaning Implements and Supplies.
(A)
Except as specified in ¶ (B) of this section, suitable cleaning
implements and supplies such as high pressure pumps, hot water,
steam, and detergent shall be provided as necessary for effective
cleaning of receptacles and waste handling units for REFUSE,
recyclables, and returnables.
(B)
If APPROVED, off-PREMISES-based cleaning services may be used
if on-PREMISES cleaning implements and supplies are not provided.
location and 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.
173
(C)
The location of receptacles and waste handling units for
REFUSE, recyclables, and returnables may not create a public health
HAZARD or nuisance or interfere with the cleaning of adjacent space.
operation and maintenance
5-501.110 Storing Refuse, Recyclables, and Returnables.
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
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
174
(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
contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, or SINGLE-SERVICE
and SINGLE-USE ARTICLES, and waste water shall be disposed of as
specified under § 5-402.13.
(B)
Soiled receptacles and waste handling units for REFUSE,
recyclables, and returnables shall be cleaned at a frequency
necessary to prevent them from developing a buildup of soil or
becoming attractants for insects and rodents.
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
175
(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.
176
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
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.
(B)
In a TEMPORARY FOOD ESTABLISHMENT:
Chapter
6
Physical Facilities
6-1
MATERIALS FOR CONSTRUCTION AND REPAIR
Subparts
6-101
6-102
Indoor Areas
Outdoor Areas
177
(1)
If graded to drain, a floor may be concrete, machine-laid
asphalt, or dirt or gravel if it is covered with mats, removable
platforms, duckboards, or other APPROVED materials that are
effectively treated to control dust and mud; and
(2)
Walls and ceilings may be constructed of a material that
protects the interior from the weather and windblown dust and
debris.
Outdoor Areas
6-102.11 Surface Characteristics.
(A)
The outdoor walking and driving areas shall be surfaced with
concrete, asphalt, or gravel or other materials that have been
effectively treated to minimize dust, facilitate maintenance, and
prevent muddy conditions.
(B)
Exterior surfaces of buildings and mobile FOOD ESTABLISHMENTS
shall be of weather-resistant materials and shall comply with LAW.
(C)
Outdoor storage areas for REFUSE, recyclables, or returnables
shall be of materials specified under §§ 5-501.11 and 5-501.12.
Cleanability
6-201.11 Floors, Walls, and Ceilings.
Except as specified under § 6-201.14 and except for antislip floor
coverings or applications that may be used for safety reasons,
floors, floor coverings, walls, wall coverings, and ceilings shall be
designed, constructed, and installed so they are SMOOTH and EASILY
CLEANABLE
.
6-2
DESIGN, CONSTRUCTION, AND INSTALLATION
Subparts
6-201
6-202
Cleanability
Functionality
178
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.
(C)
Exposed horizontal utility service lines and pipes may not be
installed on the floor.
6-201.13 Floor and Wall Junctures, Coved, and Enclosed or
Sealed.
(A) In FOOD ESTABLISHMENTS in which cleaning methods other than
water flushing are used for cleaning floors, the floor and wall
junctures shall be coved and closed to no larger than 1 mm (one
thirty-second inch).
(B) The floors in FOOD ESTABLISHMENTS in which water flush
cleaning methods are used shall be provided with drains and be
graded to drain, and the floor and wall junctures shall be coved and
SEALED.
6-201.14 Floor Carpeting, Restrictions and Installation.
(A)
A floor covering such as carpeting or similar material may not
be installed as a floor covering in FOOD preparation areas, walk-in
refrigerators, WAREWASHING areas, toilet room areas where
handwashing lavatories, toilets, and urinals are located, REFUSE
storage rooms, or other areas where the floor is subject to
moisture, flushing, or spray cleaning methods.
(B)
If carpeting is installed as a floor covering in areas other than
those specified under ¶ (A) of this section, it shall be:
(1)
Securely attached to the floor with a durable mastic, by using
a stretch and tack method, or by another method; and
(2)
Installed tightly against the wall under the coving or installed
away from the wall with a space between the carpet and the
wall and with the edges of the carpet secured by metal stripping
or some other means.
179
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.
Except for TEMPORARY FOOD ESTABLISHMENTS, studs, joists, and
rafters may not be exposed in areas subject to moisture.
Functionality
6-202.11 Light Bulbs, Protective Shielding.
(A)
Except as specified in ¶ (B) of this section, light bulbs shall be
shielded, coated, or otherwise shatter-resistant in areas where
there is exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; or
unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
180
(B)
Shielded, coated, or otherwise shatter-resistant bulbs need not
be used in areas used only for storing FOOD in unopened packages,
if:
(1)
The integrity of the packages cannot be affected by broken
glass falling onto them; and
(2)
The packages are capable of being cleaned of debris from
broken bulbs before the packages are opened.
(C)
An infrared or other heat lamp shall be protected against
breakage by a shield surrounding and extending beyond the bulb
so that only the face of the bulb is exposed.
6-202.12 Heating, Ventilating, Air Conditioning System
Vents.
Heating, ventilating, and air conditioning systems shall be designed
and installed so that make-up air intake and exhaust vents do not
cause contamination of FOOD, FOOD-CONTACT SURFACES, EQUIPMENT,
or UTENSILS.
6-202.13 Insect Control Devices, Design and Installation.
(A)
Insect control devices that are used to electrocute or stun flying
insects shall be designed to retain the insect within the device.
(B)
Insect control devices shall be installed so that:
(1)
The devices are not located over a FOOD preparation area;
and
(2)
Dead insects and insect fragments are prevented from being
impelled onto or falling on exposed FOOD; clean EQUIPMENT,
UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and
SINGLE-USE ARTICLES.
6-202.14 Toilet Rooms, Enclosed.
Except where a toilet room is located outside a FOOD
ESTABLISHMENT
and does not open directly into the FOOD
ESTABLISHMENT
such as a toilet room that is provided by the
management of a shopping mall, a toilet room located on the
181
PREMISES shall be completely enclosed and provided with a tight-
fitting and self-closing door.
6-202.15 Outer Openings, Protected.
(A) Except as specified in ¶¶ (B), (C), and (E) and under ¶ (D) of
this section, outer openings of a FOOD ESTABLISHMENT shall be
protected against the entry of insects and rodents by:
(1)
Filling or closing holes and other gaps along floors, walls,
and ceilings;
(2)
Closed, tight-fitting windows; and
(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.
(C) Exterior doors used as exits need not be self-closing if they are:
(1)
Solid and tight-fitting;
(2)
Designated for use only when an emergency exists, by
the fire protection authority that has jurisdiction over the
FOOD ESTABLISHMENT; and
(3)
Limited-use so they are not used for entrance or exit from
the building for purposes other than the designated
emergency exit use.
(D) Except as specified in ¶¶ (B) and (E) of this section, if the
windows or doors of a FOOD ESTABLISHMENT, or of a larger structure
within which a FOOD ESTABLISHMENT is located, are kept open for
ventilation or other purposes or a TEMPORARY FOOD ESTABLISHMENT
is not 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 25.4 mm (16 mesh to 1 inch) screens;
182
(2)
Properly designed and installed air curtains to control flying
insects; or
(3)
Other effective means.
(E) Paragraph (D) of this section does not apply if flying insects
and other pests are absent due to the location of the
ESTABLISHMENT, the weather, or other limiting condition.
6-202.16 Exterior Walls and Roofs, Protective Barrier.
Perimeter walls and roofs of a FOOD ESTABLISHMENT shall effectively
protect the establishment from the weather and the entry of insects,
rodents, and other animals.
6-202.17 Outdoor Food Vending Areas, Overhead
Protection.
Except for machines that vend canned BEVERAGES, if located
outside, a machine used to vend FOOD shall be provided with
overhead protection.
6-202.18 Outdoor Servicing Areas, Overhead Protection.
Except for 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, sERVICING AREAS shall be provided with overhead
protection.
6-202.19 Outdoor Walking and Driving Surfaces, Graded to
Drain.
Exterior walking and driving surfaces shall be graded to drain.
6-202.110 Outdoor Refuse Areas, Curbed and Graded to
Drain.
Outdoor REFUSE areas shall be constructed in accordance with LAW
and shall be curbed and graded to drain to collect and dispose of
liquid waste that results from the REFUSE and from cleaning the
area and waste receptacles.
183
6-202.111 Private Homes and Living or Sleeping Quarters,
Use Prohibition.
A private home, a room used as living or sleeping quarters, or an
area directly opening into a room used as living or sleeping
quarters may not be used for conducting FOOD ESTABLISHMENT
operations.
P
6-202.112 Living or Sleeping Quarters, Separation.
Living or sleeping quarters located on the PREMISES of a FOOD
ESTABLISHMENT
such as those provided for lodging registration
clerks or resident managers shall be separated from rooms and
areas used for FOOD ESTABLISHMENT operations by complete
partitioning and solid self-closing doors.
Handwashing Sinks
6-301.10 Minimum Number.
HANDWASHING SINKS shall be provided as specified under
§ 5-203.11.
6-301.11 Handwashing Cleanser, Availability.
Each HANDWASHING SINK or group of 2 adjacent HANDWASHING SINKS
shall be provided with a supply of hand cleaning liquid, powder, or
bar soap.
Pf
6-3
NUMBERS AND CAPACITIES
Subparts
6-301
6-302
6-303
6-304
6-305
6-306
Handwashing Sinks
Toilets and Urinals
Lighting
Ventilation
Dressing Areas and Lockers
Service Sinks
6-301.12
Hand Drying Provision.
184
Each HANDWASHING SINK or group of adjacent HANDWASHING SINKS
shall be provided with:
(A)
Individual, disposable towels;
Pf
(B)
A continuous towel system that supplies the user with a
clean towel;
Pf
or
(C)
A heated-air hand drying device;
Pf
or
(D)
A hand drying device that employs an air-knife system that
delivers high velocity, pressurized air at ambient temperatures.
Pf
6-301.13 Handwashing Aids and Devices, Use Restrictions.
A sink used for FOOD preparation or UTENSIL washing, or a service
sink or curbed cleaning facility used for the disposal of mop water
or similar wastes, may not be provided with the handwashing aids
and devices required for a HANDWASHING SINK as specified under
§§ 6-301.11 and 6-301.12 and ¶ 5-501.16(C).
6-301.14 Handwashing Signage.
A sign or poster that notifies FOOD EMPLOYEES to wash their hands
shall be provided at all HANDWASHING SINKS used by FOOD
EMPLOYEES
and shall be clearly visible to FOOD EMPLOYEES.
6-301.20 Disposable Towels, Waste Receptacle.
A HANDWASHING SINK or group of adjacent HANDWASHING SINKS that
is 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.
185
A supply of toilet tissue shall be available at each toilet.
Pf
Lighting
6-303.11 Intensity.
The light intensity shall be:
(A)
At least 108 lux (10 foot candles) at a distance of 75 cm (30
inches) above the floor, in walk-in refrigeration units and dry
FOOD storage areas and in other areas and rooms during
periods of cleaning;
(B)
At least 215 lux (20 foot candles):
(1)
At a surface where FOOD is provided for CONSUMER self-
service such as buffets and salad bars or where fresh
produce or PACKAGED FOODS are sold or offered for
consumption,
(2)
Inside EQUIPMENT such as reach-in and under-counter
refrigerators; and
(3)
At a distance of 75 cm (30 inches) above the floor in
areas used for handwashing, WAREWASHING, and EQUIPMENT
and UTENSIL storage, and in toilet rooms; and
(C)
At least 540 lux (50 foot candles) at a surface where a
FOOD EMPLOYEE is working with FOOD or working with UTENSILS
or EQUIPMENT such as knives, slicers, grinders, or saws where
EMPLOYEE safety is a factor.
Ventilation
6-304.11 Mechanical.
If necessary to keep rooms free of excessive heat, steam,
condensation, vapors, obnoxious odors, smoke, and fumes,
mechanical ventilation of sufficient capacity shall be provided.
186
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(A).
Handwashing Sinks
6-401.10 Conveniently Located.
HANDWASHING SINKS 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.
6-4
LOCATION AND PLACEMENT
Subparts
6-401
6-402
6-403
6-404
6-405
Handwashing Sinks
Toilet Rooms
Employee Accommodations
Distressed
Merchandise
Refuse, Recyclables, and Returnables
187
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 PERMIT HOLDER for credit, redemption,
or return to the distributor, such as damaged, spoiled, or recalled
products, shall be segregated and held in designated areas that are
separated from FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-
SERVICE and SINGLE-USE ARTICLES.
Pf
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.
188
Premises, Structures, Attachments, and Fixtures - Methods
6-501.11 Repairing.
PHYSICAL FACILITIES shall be maintained in good repair.
6-501.12 Cleaning, Frequency and Restrictions.
(A) PHYSICAL FACILITIES shall be cleaned as often as necessary to
keep them clean.
(B) Except for cleaning that is necessary due to a spill or other
accident, cleaning shall be done during periods when the least
amount of FOOD is exposed such as after closing.
6-501.13 Cleaning Floors, Dustless Methods.
(A)
Except as specified in ¶ (B) of this section, only dustless
methods of cleaning shall be used, such as wet cleaning, vacuum
cleaning, mopping with treated dust mops, or sweeping using a
broom and dust-arresting compounds.
(B)
Spills or drippage on floors that occur between normal floor
cleaning times may be cleaned:
(1)
Without the use of dust-arresting compounds; and
(2)
In the case of liquid spills or drippage, with the use of a
small amount of absorbent compound such as sawdust or
diatomaceous earth applied immediately before spot cleaning.
6-5
MAINTENANCE AND OPERATION
Subpart
6-501
Premises, Structures, Attachments, and Fixtures -
Methods
189
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 SINKS, 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.
Pf
6-501.16 Drying Mops.
After use, mops shall be placed in a position that allows them to air-
dry without soiling walls, EQUIPMENT, or supplies.
6-501.17 Absorbent Materials on Floors, Use Limitation.
Except as specified in ¶ 6-501.13(B), sawdust, wood shavings,
granular salt, baked clay, diatomaceous earth, or similar materials
may not be used on floors.
6-501.18 Cleaning of Plumbing Fixtures.
PLUMBING FIXTURES such as HANDWASHING SINKS, toilets, and urinals
shall be cleaned as often as necessary to keep them clean.
6-501.19 Closing Toilet Room Doors.
Except during cleaning and maintenance operations, toilet room
doors as specified under § 6-202.14 shall be kept closed.
190
6-501.110 Using Dressing Rooms and Lockers.
(A)
Dressing rooms shall be used by EMPLOYEES if the EMPLOYEES
regularly change their clothes in the establishment.
(B)
Lockers or other suitable facilities shall be used for the orderly
storage of EMPLOYEE clothing and other possessions.
6-501.111 Controlling Pests.
The PREMISES shall be maintained free of insects, rodents, and
other pests. The presence of insects, rodents, and other pests
shall be controlled to eliminate their presence on the PREMISES by:
(A)
Routinely inspecting incoming shipments of FOOD and
supplies;
(B)
Routinely inspecting the PREMISES for evidence of pests;
(C)
Using methods, if pests are found, such as trapping devices
or other means of pest control as specified under §§ 7-202.12,
7-206.12, and 7-206.13;
Pf
and
(D)
Eliminating harborage conditions.
6-501.112 Removing Dead or Trapped Birds, Insects,
Rodents, and Other Pests.
Dead or trapped birds, insects, rodents, and other pests shall be
removed from control devices and the PREMISES at a frequency that
prevents their accumulation, decomposition, or the attraction of
pests.
6-501.113 Storing Maintenance Tools.
Maintenance tools such as brooms, mops, vacuum cleaners, and
similar items shall be:
(A)
Stored so they do not contaminate FOOD, EQUIPMENT,
UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES;
and
191
(B)
Stored in an orderly manner that facilitates cleaning the
area used for storing the maintenance tools.
6-501.114 Maintaining Premises, Unnecessary Items and
Litter.
The PREMISES shall be free of:
(A)
Items that are unnecessary to the operation or maintenance
of the establishment such as EQUIPMENT that is nonfunctional or
no longer used; and
(B)
Litter.
6-501.115 Prohibiting Animals.
(A)
Except as specified in ¶¶ (B) and (C) of this section, live
animals may not be allowed on the PREMISES of a FOOD
ESTABLISHMENT
.
Pf
(B)
Live animals may be allowed in the following situations if the
contamination of FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and
unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES can not result:
(1)
Edible FISH or decorative FISH in aquariums, shellfish or
crustacea on ice or under refrigeration, and shellfish and
crustacea in display tank systems;
(2)
Patrol dogs accompanying police or security officers in
offices and dining, sales, and storage areas, and sentry dogs
running loose in outside fenced areas;
(3)
In areas that are not used for FOOD preparation and that are
usually open for customers, such as dining and sales areas,
SERVICE ANIMALS that are controlled by the disabled EMPLOYEE or
PERSON, if a health or safety HAZARD will not result from the
presence or activities of the SERVICE ANIMAL;
(4)
Pets in the common dining areas of institutional care
facilities such as nursing homes, assisted living facilities, group
homes, or residential care facilities at times other than during
meals if:
(a)
Effective partitioning and self-closing doors separate the
192
common dining areas from FOOD storage or FOOD
preparation areas,
(b)
Condiments, EQUIPMENT, and UTENSILS are stored in
enclosed cabinets or removed from the common dining
areas when pets are present, and
(c)
Dining areas including tables, countertops, and similar
surfaces are effectively cleaned before the next meal
service; and
(5)
In areas that are not used for FOOD preparation, storage,
sales, display, or dining, in which there are caged animals or
animals that are similarly confined, such as in a variety store
that sells pets or a tourist park that displays animals.
(C)
Live or dead FISH bait may be stored if contamination of FOOD;
clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-
SERVICE and SINGLE-USE ARTICLES can not result.
193
Parts
7-1
LABELING AND IDENTIFICATION
7-2
OPERATIONAL SUPPLIES AND APPLICATIONS
7-3
STOCK AND RETAIL SALE
Original Containers
7-101.11 Identifying Information, Prominence.
Containers of POISONOUS OR TOXIC MATERIALS and PERSONAL
CARE ITEMS
shall bear a legible manufacturer's label.
Pf
Working Containers
7-102.11 Common Name.
Working containers used for storing POISONOUS OR TOXIC
MATERIALS
such as cleaners and SANITIZERS taken from bulk
supplies shall be clearly and individually identified with the
common name of the material.
Pf
Chapter
7
Poisonous or Toxic
Materials
7-1
LABELING AND IDENTIFICATION
Subparts
7-101
7-102
Original Containers
Working Containers
194
7-2 OPERATIONAL SUPPLIES AND APPLICATIONS
Subparts
7-201
Storage
7-202
Presence and Use
7-203
Container Prohibitions
7-204
Chemicals
7-205
Lubricants
7-206
Pesticides
7-207
Medicines
7-208
First Aid Supplies
7-209
Other Personal Care Items
Storage
7-201.11
Separation.
POISONOUS OR TOXIC MATERIALS shall be stored so they can not
contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-
SERVICE and SINGLE-USE ARTICLES by:
(A)
Separating the POISONOUS OR TOXIC MATERIALS by
spacing or partitioning;
P
and
(B)
Locating the POISONOUS OR TOXIC MATERIALS in an area
that is not above FOOD, EQUIPMENT, UTENSILS, LINENS, and
SINGLE-SERVICE or SINGLE-USE ARTICLES. This paragraph
does not apply to EQUIPMENT and UTENSIL cleaners and
SANITIZERS that are stored in WAREWASHING areas for
availability and convenience if the materials are stored to
prevent contamination of FOOD, EQUIPMENT, UTENSILS,
LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
P
Presence and Use
7-202.11 Restriction.
(A)
Only those POISONOUS OR TOXIC MATERIALS that are required
for the operation and maintenance of a FOOD ESTABLISHMENT,
such as for the cleaning and SANITIZING of EQUIPMENT and
195
UTENSILS and the control of insects and rodents, shall be
allowed in a FOOD ESTABLISHMENT.
Pf
(B)
Paragraph (A) of this section does not apply to PACKAGED
POISONOUS OR TOXIC MATERIALS
that are for retail sale.
7-202.12 Conditions of Use.
POISONOUS OR TOXIC MATERIALS shall be:
(A)
Used according to:
(1)
LAW and this Code,
(2)
Manufacturer's use directions included in labeling,
and, for a pesticide, manufacturer's label instructions
that state that use is allowed in a FOOD ESTABLISHMENT,
P
(3)
The conditions of certification, if certification is
required, for use of the pest control materials,
P
and
(4)
Additional conditions that may be established by the
REGULATORY AUTHORITY; and
(B)
Applied so that:
(1)
A HAZARD to EMPLOYEES or other PERSONS is not
constituted,
P
and
(2)
Contamination including toxic residues due to drip,
drain, fog, splash or spray on FOOD, EQUIPMENT,
UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE
ARTICLES
is prevented, and for a RESTRICTED USE
PESTICIDE
, this is achieved by:
P
(a)
Removing the items,
P
(b)
Covering the items with impermeable covers,
P
or
(c)
Taking other appropriate preventive actions,
P
and
(d)
Cleaning and SANITIZING EQUIPMENT and UTENSILS
after the application.
P
(C)
A RESTRICTED USE PESTICIDE shall be applied only by an
196
applicator certified as defined in 7 USC 136 Definitions, (e)
Certified Applicator, of the Federal Insecticide, Fungicide,
and Rodenticide Act, or a PERSON under the direct
supervision of a certified applicator.
Pf
Container Prohibitions
7-203.11 Poisonous or Toxic Material Containers.
A container previously used to store POISONOUS OR TOXIC
MATERIALS
may not be used to store, transport, or dispense
FOOD.
P
Chemicals
7-204.11 Sanitizers, Criteria.
Chemical SANITIZERS, including chemical sanitizing solutions
generated on-site, and other chemical antimicrobials applied to
FOOD-CONTACT SURFACEs shall:
(A)
Meet the requirements specified in 40 CFR 180.940
Tolerance exemptions for active and inert ingredients for
use in antimicrobial formulations (Food-contact surface
sanitizing solutions)
P
, or
(B)
Meet the requirements as specified in 40 CFR
180.2020 Pesticide Chemicals Not Requiring a Tolerance or
Exemption from Tolerance-Non-food determinations.
P
7-204.12 Chemicals for Washing, Treatment, Storage
and Processing Fruits and Vegetables,
Criteria.
Chemicals, including those generated on-site, used to wash or
peel raw, whole fruits and vegetables or used in the treatment,
storage, and processing of fruits and vegetables shall:
(A)
Be an approved food additive listed for this intended
use in 21 CFR 173,
P
or
(B)
Be generally recognized as safe (GRAS) for this
intended use,
P
or
197
(C)
Be the subject of an effective food contact
notification for this intended use (only effective for the
manufacturer or supplier identified in the notification),
P
and
(D)
Meet the requirements in 40 CFR 156 Labeling
Requirements for Pesticide and Devices.
P
7-204.13 Boiler Water Additives, Criteria.
Chemicals used as boiler water ADDITIVES shall meet the
requirements specified in 21 CFR 173.310 Boiler water
additives.
P
7-204.14 Drying Agents, Criteria.
Drying agents used in conjunction with SANITIZATION shall:
(A)
Contain only components that are listed as one of the
following:
(1)
Generally recognized as safe for use in FOOD as
specified in 21 CFR 182 - Substances Generally
Recognized as Safe, or 21 CFR 184 - Direct Food
Substances Affirmed as Generally Recognized as Safe,
P
(2)
Generally recognized as safe for the intended use as
specified in 21 CFR 186 - Indirect Food Substances
Affirmed as Generally Recognized as Safe,
P
(3)
Generally recognized as safe for the intended use as
determined by experts qualified in scientific training and
experience to evaluate the safety of substances added,
directly or indirectly, to FOOD as described in 21 CFR 170.30
Eligibility for classification as generally recognized as safe
(GRAS),
P
(4)
Subject of an effective Food Contact Notification as
described in the Federal Food Drug and Cosmetic Act
(FFDCA) Section 409(h),
P
198
(5)
APPROVED for use as a drying agent under a prior
sanction as described in the Federal Food Drug and
Cosmetic Act (FFDCA) § 201(s)(4);
P
(6)
Specifically regulated as an indirect FOOD ADDITIVE for
use as a drying agent as specified in 21 CFR Parts 174-
178,
P
or
(7)
APPROVED for use as a drying agent under the threshold
of regulation process established by 21 CFR 170.39
Threshold of regulation for substances used in food-contact
articles;
P
and
(B)
When SANITIZATION is with chemicals, the approval required
under Subparagraph (A)(5) or (A)(7) of this section or the
regulation as an indirect FOOD ADDITIVE required under
Subparagraph (A)(6) of this section, shall be specifically for use
with chemical SANITIZING solutions.
P
Lubricants
7-205.11 Incidental Food Contact, Criteria.
Lubricants shall meet the requirements specified in 21 CFR
178.3570 Lubricants with incidental food contact, if they are
used on FOOD-CONTACT SURFACES, on bearings and gears
located on or within FOOD-CONTACT SURFACES, or on bearings
and gears that are located so that lubricants may leak, drip, or
be forced into FOOD or onto FOOD-CONTACT SURFACES.
P
Pesticides
7-206.11 Restricted Use Pesticides, Criteria.
RESTRICTED USE PESTICIDES specified under ¶ 7-202.12(C) shall
meet the requirements specified in 40 CFR 152 Subpart I -
Classification of Pesticides.
P
7-206.12 Rodent Bait Stations.
Rodent bait shall be contained in a covered, tamper-resistant
bait station.
P
199
7-206.13 Tracking Powders, Pest Control and
Monitoring.
(A)
Except as specified in ¶ (B) of this section, a tracking
powder pesticide may not be used in a FOOD ESTABLISHMENT.
P
(B)
If used, a nontoxic tracking powder such as talcum or flour
may not contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and
SINGLE-SERVICE and SINGLE-USE ARTICLES.
Medicines
7-207.11 Restriction and Storage.
(A) Except for medicines that are stored or displayed for retail
sale, only those medicines that are necessary for the health of
EMPLOYEES shall be allowed in a FOOD ESTABLISHMENT.
Pf
(B) Medicines that are in a FOOD ESTABLISHMENT for the
EMPLOYEES' use shall be labeled as specified under § 7-101.11
and located to prevent the contamination of FOOD, EQUIPMENT,
UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE
ARTICLES
.
P
7-207.12 Refrigerated Medicines, Storage.
Medicines belonging to EMPLOYEES or to children in a day care
center that require refrigeration and are stored in a FOOD
refrigerator shall be:
(A)
Stored in a package or container and kept inside a
covered, leakproof container that is identified as a container
for the storage of medicines;
P
and
(B)
Located so they are inaccessible to children.
P
200
First Aid Supplies
7-208.11 Storage.
First aid supplies that are in a FOOD ESTABLISHMENT for the
EMPLOYEES' use shall be:
(A)
Labeled as specified under § 7-101.11;
Pf
and
(B)
Stored in a kit or a container that is located to prevent
the contamination of FOOD, EQUIPMENT, UTENSILS, and LINENS,
and SINGLE-SERVICE and SINGLE-USE ARTICLES.
P
Other Personal Care Items
7-209.11 Storage.
Except as specified under §§ 7-207.12 and 7-208.11,
EMPLOYEES shall store their PERSONAL CARE ITEMS in facilities as
specified under ¶ 6-305.11(B).
Storage and Display
7-301.11 Separation.
POISONOUS or TOXIC MATERIALS shall be stored and displayed for
retail sale so they can not contaminate FOOD, EQUIPMENT,
UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES
by:
(A)
Separating the POISONOUS or TOXIC MATERIALS by
spacing or partitioning;
P
and
(B)
Locating the POISONOUS OR TOXIC MATERIALS in an area
that is not above FOOD, EQUIPMENT, UTENSILS, LINENS, and
SINGLE-SERVICE or SINGLE-USE ARTICLES.
P
7-3
STOCK AND RETAIL SALE
Subpart
7-301
Storage and Display
201
Parts
8-1
CODE APPLICABILITY
8-2
PLAN SUBMISSION AND APPROVAL
8-3
PERMIT TO OPERATE
8-4
INSPECTION AND CORRECTION OF VIOLATIONS
8-5
PREVENTION OF FOODBORNE DISEASE TRANSMISSION BY
EMPLOYEES
Use for Intended Purpose
8-101.10 This has been removed from the Nebraska Food Code
Additional Requirements
8-102.10 This has been removed from the Nebraska
Food Code
Variances
8-103.10 Modifications and Waivers.
The REGULATORY AUTHORITY may grant a VARIANCE by modifying
or waiving the requirements of this Code if in the opinion of the
REGULATORY AUTHORITY a health HAZARD or nuisance will not
result from the VARIANCE. If a VARIANCE is granted, the
Chapter
8
Compliance and
Enforcement
8-1
CODE APPLICABILITY
Subparts
8-101
8
-102
8-103
Use for Intended Purpose
Additional Requirements
Variances
202
REGULATORY AUTHORITY shall retain the information specified
under § 8-103.11 in its records for the FOOD ESTABLISHMENT.
8-103.11 Documentation of Proposed Variance and
Justification.
Before a VARIANCE from a requirement of this Code is APPROVED,
the information that shall be provided by the PERSON requesting
the VARIANCE and retained in the REGULATORY AUTHORITY'S file on
the FOOD ESTABLISHMENT includes:
(A)
A statement of the proposed VARIANCE of the Code
requirement citing relevant Code section numbers;
Pf
(B)
An analysis of the rationale for how the potential public
health HAZARDS and nuisances addressed by the relevant
Code sections will be alternatively addressed by the
proposal;
Pf
and
(C)
A HACCP PLAN if required as specified under ¶ 8-201.13(A)
that includes the information specified under § 8-201.14 as it
is relevant to the VARIANCE requested.
Pf
8-103.12 Conformance with Approved Procedures.
If the REGULATORY AUTHORITY grants a VARIANCE as specified in
§ 8-103.10, or a HACCP PLAN is otherwise required as specified
under § 8-201.13, the PERMIT HOLDER shall:
(A) Comply with the HACCP PLANs and procedures that are
submitted as specified under § 8-201.14 and APPROVED as a
basis for the modification or waiver;
P
and
(B) Maintain and provide to the REGULATORY AUTHORITY, upon
request, records specified under § 8-201.14 (D) and (E)(3)
that demonstrate that the following are routinely employed;
(1)
Procedures for monitoring the CRITICAL CONTROL
POINTS
,
Pf
(2)
Monitoring of the CRITICAL CONTROL POINTS,
Pf
(3)
Verification of the effectiveness of the operation or
process,
Pf
and
(4)
Necessary corrective actions if there is failure at a
CRITICAL CONTROL POINT.
Pf
203
Facility and Operating Plans
81-2,267. Food establishment, food processing plant, or salvage operation;
construction, conversion, or remodeling; plans and specifications; requirements.
(Replaces 2017 Food Code 8-201.11 When Plans Are Required.)
Prior to construction of, conversion to, or remodeling of a food establishment, food
processing plant, or salvage operation, properly prepared plans and specifications for such
construction, conversion, or remodeling shall be submitted to the regulatory authority for
review and approval. The plans and specifications shall indicate the proposed layout,
arrangement, mechanical plans, construction materials of work areas, type and model of
proposed fixed equipment and facilities, and description of the type of food to be served or
sold. The regulatory authority shall treat such plans and specifications as confidential or trade
secret information and shall approve the plans and specifications if they meet the
requirements of the Nebraska Pure Food Act. No food establishment, food processing plant,
or salvage operation shall be constructed, converted, or remodeled except in accordance with
plans and specifications approved by the regulatory authority. This section does not apply to
food establishments which are temporary food establishments.
Pf
81-2,268. Food establishment, food processing plant, or salvage operation facilities
and equipment; design and fabrication requirements. (Replaces 2017 Food Code 8-
201.12)
Food establishment, food processing plant, or salvage operation facilities and equipment
in use or new facilities and equipment for which contractual obligations are incurred before
September 13, 1997, and which do not meet fully all the design and fabrication requirements
of the Nebraska Pure Food Act shall be acceptable if they are in good repair and capable of
being maintained in a sanitary condition and the food-contact surfaces are of safe materials.
A food establishment, food processing plant, or salvage operation which has a change of
ownership or extensive remodeling after September 13, 1997, shall comply with all applicable
facility and equipment requirements of the act.
8-2
PLAN SUBMISSION AND APPROVAL
Subparts
8-201
8
-202
8-203
Facility and Operating Plans
Confidentiality
Construction Inspection and Approval
204
8-201.13 When a HACCP Plan is Required.
(A) Before engaging in an activity that requires a HACCP PLAN,
a PERMIT applicant or PERMIT HOLDER shall submit to the
REGULATORY AUTHORITY for approval a properly prepared HACCP
PLAN
as specified under § 8-201.14 and the relevant provisions
of this Code if:
(1)
Submission of a HACCP PLAN is required according to
LAW;
(2)
A VARIANCE is required as specified under Subparagraph
3-401.11(D)(4), § 3-502.11, or ¶ 4-204.110(B);
(3)
The REGULATORY AUTHORITY determines that a FOOD
preparation or processing method requires a VARIANCE
based on a plan submittal specified under § 8-201.12, an
inspectional finding, or a VARIANCE request.
(B) Before engaging in REDUCED OXYGEN PACKAGING without a
VARIANCE as specified under § 3-502.12, a PERMIT applicant or
PERMIT HOLDER shall submit a properly prepared HACCP PLAN to
the REGULATORY AUTHORITY.
8-201.14 Contents of a HACCP Plan.
For a food establishment that is required under § 8-201.13 to
have a HACCP PLAN, the PERMIT applicant or PERMIT HOLDER
shall submit to the REGULATORY AUTHORITY a properly prepared
HACCP PLAN that includes:
(A)
General information such as the name of the PERMIT
applicant or PERMIT HOLDER, the FOOD ESTABLISHMENT address,
and contact information;
(B)
A categorization of the types of TIME/TEMPERATURE CONTROL
FOR SAFETY FOODS
that are to be controlled under the HACCP
PLAN;
Pf
(C)
A flow diagram or chart for each specific FOOD or category
type that identifies:
(1)
Each step in the process;
Pf
(2)
The HAZARDS and controls for each step in the flow
diagram or chart;
Pf
(3)
The steps that are CRITICAL CONTROL POINTS;
Pf
205
(4)
The ingredients, materials, and equipment used in the
preparation of that FOOD;
Pf
and
(5)
Formulations or recipes that delineate methods and
procedural control measures that address the FOOD
safety concerns involved.
Pf
(D)
A CRITICAL CONTROL POINTS summary for each specific FOOD
or category type that clearly identifies:
(1)
Each CRITICAL CONTROL POINT,
Pf
(2)
The CRITICAL LIMITS for each CRITICAL CONTROL POINT,
Pf
(3)
The method and frequency for monitoring and controlling
each CRITICAL CONTROL POINT by the designated FOOD
EMPLOYEE
or the PERSON IN CHARGE,
Pf
(4)
The method and frequency for the PERSON IN CHARGE to
routinely verify that the FOOD EMPLOYEE is following
standard operating procedures and monitoring CRITICAL
CONTROL POINTS
,
Pf
(5)
Action to be taken by the designated FOOD EMPLOYEE or
PERSON IN CHARGE if the CRITICAL LIMITS for each CRITICAL
CONTROL POINT
are not met,
Pf
and
(6)
Records to be maintained by the PERSON IN CHARGE to
demonstrate that the HACCP PLAN is properly operated and
managed;
Pf
(E)
Supporting documents such as:
(1)
FOOD EMPLOYEE and supervisory training plan that
addresses the FOOD safety issues of concern;
Pf
(2)
Copies of blank records forms that are necessary to
implement the HACCP PLAN;
Pf
(3)
Additional scientific data or other information, as required
by the REGULATORY AUTHORITY, supporting the
determination that FOOD safety is not compromised by the
proposal.
Pf
(F)
Any other information required by the REGULATORY
AUTHORITY
.
Confidentiality
8-202.10 Trade Secrets.
206
This has been removed from the Nebraska Food Code.
Construction Inspection and Approval
8-203.10 This has been replaced by 81-2,272
207
8-3 PERMIT TO OPERATE
Subparts
8-301
Requirement
8-302
Application Procedure
8-303
Issuance
8-304
Conditions of Retention
Application Procedure
81-2,270. Food establishment, food processing plant, or salvage operation; permits;
application; contents; fees; late fee; exemptions. Replaces 2017 Food Code 8-301.11
through 8-304.20)
(1) No person shall operate: (a) A food establishment; (b) a food processing plant; or (c) a
salvage operation, without a valid permit which sets forth the types of operation occurring within
the establishment.
Pf
(2) Application for a permit shall be made to the director on forms prescribed and furnished
by the department. Such application shall include the applicant's full name and mailing
address, the names and addresses of any partners, members, or corporate officers, the name
and address of the person authorized by the applicant to receive the notices and orders of the
department as provided in the Nebraska Pure Food Act, whether the applicant is an individual,
partnership, limited liability company, corporation, or other legal entity, the location and type of
proposed establishment or operation, and the signature of the applicant. Application for a
permit shall be made prior to the operation of a food establishment, food processing plant, or
salvage operation. The application shall be accompanied by an initial permit fee and an initial
inspection fee in the same amount as the annual inspection fee if inspections are required to
be done by the department. If the food establishment, food processing plant, or salvage
operation has been in operation prior to applying for a permit or notifying the regulatory
authority, the applicant shall pay an additional fee of sixty dollars.
(3) Payment of the initial permit fee, the initial inspection fee, and the fee for failing to apply
for a permit prior to operation shall not preclude payment of the annual inspection fees due on
August 1 of each year. Except as provided in subsections (7) through (10) of this section and
subsection (2) of section 81-2,281, a permitholder shall pay annual inspection fees on or before
August 1 of each year regardless of when the initial permit was obtained.
(4)(a) The director shall set the initial permit fee and the annual inspection fees on or before
July 1 of each fiscal year to meet the criteria in this subsection. The director may raise or lower
the fees each year, but the fees shall not exceed the maximum fees listed in subdivision (4)(b)
of this section. The director shall determine the fees based on estimated annual revenue and
208
fiscal year-end cash fund balance as follows:
(i) The estimated annual revenue shall not be greater than one hundred seven percent of
program cash fund appropriations allocated for the Nebraska Pure Food Act;
(ii) The estimated fiscal year-end cash fund balance shall not be greater than seventeen
percent of program cash fund appropriations allocated for the act; and
(iii) All fee increases or decreases shall be equally distributed between all categories.
(b) The maximum fees are:
Food Handling Activity
Initial
Permit
Fee
First Food
Preparation
Area
Annual
Inspection
Fee
Additional Food
Preparation Area
Annual Inspection
Fee (per area)
No Food Preparation
Area, Unit Or Units
Annual Inspection
Fee
Convenience Store
$86.19
$86.19
$43.09
N/A
Itinerant Food Vendor
$86.19
$86.19
$43.09
N/A
Licensed Beverage Establishment
$86.19
$86.19
$43.09
N/A
Limited Food Service Establishment
$86.19
$86.19
$43.09
N/A
Temporary Food Establishment
$86.19
$86.19
$43.09
N/A
Food Delivery Service
$86.19
N/A
N/A
$17.23
Mobile Food Unit (for each unit)
$86.19
N/A
N/A
$43.09
Pushcart (for each unit)
$86.19
N/A
N/A
$17.23
Vending Machine Operations:
$86.19
One to ten units
N/A
N/A
$17.23
Eleven to twenty units
N/A
N/A
$34.46
Twenty-one to thirty units
N/A
N/A
$51.69
Thirty-one to forty units
N/A
N/A
$68.92
Over forty units
N/A
N/A
$86.15
Food Processing Plant
$86.19
$120.64
$43.09
N/A
Salvage Operation
$86.19
$120.64
$43.09
N/A
Commissary
$86.19
$120.64
$43.09
N/A
All Other Food Establishments
$86.19
$120.64
$43.09
N/A
(5) If a food establishment is engaged in more than one food handling activity listed in
subsection (4) of this section, the inspection fee charged shall be based upon the primary
activity conducted within the food establishment as determined by the department and any
fees assessed for each additional food preparation area within the primary establishment as
determined by the department.
(6) If a person fails to pay the inspection fee for more than one month after the fee is due,
such person shall pay a late fee equal to fifty percent of the total fee for the first month that the
fee is late and one hundred percent for the second month that the fee is late. The purpose of
the late fee is to cover the administrative costs associated with collecting fees. All money
collected as a late fee shall be remitted to the State Treasurer for credit to the Pure Food Cash
Fund.
(7) An educational institution, health care facility, nursing home, or governmental
209
organization operating any type of food establishment, other than a mobile food unit or
pushcart, is exempt from the requirements in subsections (1) through (6) of this section.
(8) A food establishment which produces eggs and only stores, packages, sells, delivers,
or otherwise provides for human consumption the eggs it produces, or only stores, packages,
sells, delivers, or otherwise provides for human consumption eggs produced from no more
than four producers at the same time, is exempt from the requirements of subsections (1)
through (6) of this section.
(9) A food establishment or food processing plant holding a permit under the Nebraska Milk
Act is exempt from the requirements of subsections (1) through (6) of this section.
(10) A single event food vendor or a religious, charitable, or fraternal organization operating
any type of temporary food establishment, mobile food unit, or pushcart is exempt from the
requirements of subsections (1) through (6) of this section. Any such organization operating
any nontemporary food establishment prior to July 1, 1985, is exempt from the requirements
of subsection (2) of this section.
81-2,271. Food establishment, food processing plant, or salvage operation; permit;
posting; food delivery service; location; change of ownership or location; duties;
movement authorized; mobile food unit or pushcart; copy of permit.
(1) The permit required by section 81-2,270 shall be posted in a location in the food
establishment, food processing plant, or salvage operation which is conspicuous to the public.
A salvage operation shall also have a copy of the permit in each vehicle. For a food delivery
service, the location shall be a permanent address where the permitholder may be contacted.
(2) The permit is not transferable to any other person or location. Any permit issued lapses
automatically upon a change of ownership or location except as provided in subsection (3) of
this section. The permitholder shall notify the department in writing at least thirty days prior to
any change in ownership, name, or address. The permitholder shall notify the department in
writing before there is a change of the name or address of the person authorized to receive
the notices and orders of the department. When an establishment is to be permanently closed,
the permitholder shall return the permit to the department within one week after the closing.
(3) A mobile food unit, pushcart, or vending machine may be moved if the permitholder is
able to provide the location of such unit, pushcart, or machine to the regulatory authority upon
request and the person authorized by the permitholder to receive notices and orders of the
department maintains a permanent mailing address on file with the department. A food delivery
service shall upon request provide the department with information regarding the location of
all conveyances it controls.
(4) Every mobile food unit or pushcart operator shall have a copy of their permit to operate
available at the mobile food unit or pushcart when in operation.
81-2,272. Food establishment, food processing plant, or salvage operation; inspection;
denial of permit; hearing.
Before approving an application for a permit pursuant to section 81-2,270, the regulatory
210
authority shall inspect the food establishment, food processing plant, or salvage operation to
determine whether the applicant qualifies to hold a permit pursuant to subsection (1) of section
81-2,273. An applicant found to qualify to hold a permit pursuant to such subsection shall be
issued a permit. An applicant who does not receive a permit shall be afforded the opportunity
of a hearing to present evidence that the applicant is qualified to hold a permit pursuant to such
subsection and should be issued a permit. All such hearings shall be in accordance with the
Administrative Procedure Act.
81-2,273. Permitholder; duties; disciplinary action; effect; hearing; reinstatement of
permit.
(1) A holder of a permit issued under the Nebraska Pure Food Act shall comply with the
act, the rules and regulations adopted pursuant thereto, and any order of the director issued
pursuant thereto. The permitholder shall not interfere with the department in the performance
of its duties.
(2) A permitholder may be put on probation requiring such person to comply with the
conditions set out in an order of probation issued by the director after: (a) The director
determines the permitholder has not complied with subsection (1) of this section; (b) the
permitholder is given written notice to comply and written notice of the right to a hearing to
show cause why an order of probation should not be issued; and (c) the director finds that
issuing an order of probation is appropriate based on the hearing record or on the available
information if the hearing is waived by the permitholder.
(3) A permit may be suspended after: (a) The director determines the permitholder has not
complied with subsection (1) of this section; (b) the permitholder is given written notice to
comply and written notice of the right to a hearing to show cause why the permit should not be
suspended; and (c) the director finds that issuing an order suspending the permit is appropriate
based on the hearing record or on the available information if the hearing is waived by the
permitholder.
(4) A permit may be immediately suspended and the director may order the permitholder's
food establishment, food processing plant, or salvage operation closed prior to hearing when:
(a) The director determines an immediate danger to the public health, safety, or welfare exists
in or is caused by the permitholder's food establishment, food processing plant, or salvage
operation; and (b) the permitholder receives the written notice to comply and written notice of
the right to a hearing to show cause why the suspension should not be sustained. Within fifteen
days after the suspension, the permitholder may request, in writing, a date for a hearing and
the director shall consider the interests of the permitholder when the director establishes the
date and time of the hearing, except that no hearing shall be held sooner than is reasonable
under the circumstances. When a permitholder does not request a hearing date within such
fifteen-day period, the director shall establish a hearing date and shall notify the permitholder
of the date and time of such hearing.
(5) A permit may be revoked after: (a) The director determines the permitholder has
committed serious, repeated, or multiple violations of any of the requirements of subsection
(1) of this section; (b) the permitholder is given written notice to comply and written notice of
the right to a hearing to show cause why the permit should not be revoked; and (c) the director
finds that issuing an order revoking the permit is appropriate based on the hearing record or
211
on the available information if the hearing is waived by the permitholder.
(6) Any food establishment, food processing plant, or salvage operation for which the permit
has been suspended shall close and remain closed until the permit is reinstated. Any food
establishment, food processing plant, or salvage operation for which the permit has been
revoked shall close and remain closed until a new permit is issued.
(7) The director may terminate proceedings to suspend or revoke a permit or to subject a
permitholder to an order of probation at any time if the reasons for such proceedings no longer
exist. A permit which has been suspended may be reinstated, a person with a revoked permit
may be issued a new permit, or a permitholder may no longer be subject to an order of
probation if the director determines the conditions which prompted the suspension, revocation,
or probation no longer exist.
(8) Proceedings for suspension, revocation, or probation shall not preclude the department
from pursuing other civil or criminal actions.
81-2,274. Notice or order; service; contents; hearings; procedure.
(1) Any notice or order provided for in the Nebraska Pure Food Act shall be personally
served on the permitholder or on the person authorized by the permitholder to receive notices
and orders of the department or shall be sent by certified mail, return receipt requested, to the
last-known address of the permitholder or the person authorized to receive such notices and
orders. A copy of the notice and the order shall be filed in the records of the department.
(2) A notice to comply provided for in section 81-2,273 shall set forth the acts or omissions
with which the permitholder is charged.
(3) A notice of the permitholder's right to a hearing provided for in the act shall set forth the
time and place of the hearing except as provided in subsection (4) of section 81-2,273. A notice
of the permitholder's right to such hearing shall include notice that a permitholder's right to a
hearing may be waived pursuant to subsection (5) of this section. A notice of the permitholder's
right to a hearing to show cause why the permit should not be revoked shall include notice to
the permitholder that the permit may be revoked or suspended, that the permitholder may be
subject to an order of probation, or that the permit may be suspended and the permitholder
subject to an order of probation, if the director determines such action is more appropriate. A
notice of the permitholder's right to a hearing to show cause why the permit should not be
suspended shall include notice to the permitholder that the permit may be suspended or that
the permitholder may also be subject to an order of probation if the director determines such
action is more appropriate.
(4) The hearings provided for in the act shall be conducted by the director at the time and
place he or she designates. The director shall make a final finding based upon the complete
hearing record and issue an order. If the director has suspended a permit pursuant to
subsection (4) of section 81-2,273, the director shall sustain, modify, or rescind the order. All
hearings shall be in accordance with the Administrative Procedure Act.
(5) A permitholder shall be deemed to waive the right to a hearing if such permitholder does
not come to the hearing at the time and place set forth in the notice described in subsection
212
(3) of this section without requesting the director at least two days before the designated time
to change the time and place for the hearing, except that before an order of the director
becomes final, the director may designate a different time and place for the hearing if the
permitholder shows the director that the permitholder had a justifiable reason for not coming
to the hearing and not timely requesting a change in the time and place for such hearing. If the
permitholder waives the right to a hearing, the director shall make a final finding based upon
the available information and issue an order. If the director has suspended a permit pursuant
to subsection (4) of section 81-2,273, the director shall sustain, modify, or rescind the order.
(6) Any person aggrieved by the finding of the director shall have ten days from the entry
of the director's order to request a new hearing if such person can show that a mistake of fact
has been made which affected the director's determination. Any order of the director shall
become final upon the expiration of ten days after its entry if no request for a new hearing is
made.
81-2,275. Food establishment, food processing plant, or salvage operation; unlawful
operation.
It is unlawful for a person to operate a food establishment, food processing plant, or salvage
operation in any manner which is not in conformity with the Nebraska Pure Food Act or the
rules and regulations adopted and promulgated pursuant thereto or to interfere with the duties
of the department or any final order of the director pursuant to such act.
81-2,276. Food establishment, food processing plant, or salvage operation regulation.
It is the responsibility of the department to regulate the operation of food establishments,
food processing plants, and salvage operations in the manner set out in the Nebraska Pure
Food Act.
81-2,277. Food processing plants and salvage operations; compliance required.
Food processing plants and salvage operations shall comply with the federal Current Good
Manufacturing Practice In Manufacturing, Packing, or Holding Human Food adopted in section
81-2,259.
81-2,289. Restraining orders and injunctions; department; county attorney; duties.
(1) The department may apply for a restraining order or a temporary or permanent
injunction against any person violating or threatening to violate the Nebraska Pure Food Act,
the rules and regulations adopted pursuant to the act, or a final order of the director. The district
court of the county where the violation is occurring or is about to occur shall have jurisdiction
to grant such relief upon good cause shown. Relief may be granted notwithstanding the
existence of any other remedy at law and shall be granted without bond.
(2) It shall be the duty of the county attorney of the county in which any violation of the act
occurs or is about to occur, when notified of such violation or threatened violation by the
department, to cause appropriate proceedings under subsection (1) of this section to be
instituted and pursued in the district court without delay.
213
81-2,290. Violations; penalty; county attorney; duties.
(1) Any person violating any provision of the Nebraska Pure Food Act, the rules and
regulations adopted pursuant to the act, or a final order of the director shall be guilty of a Class
IV misdemeanor notwithstanding the existence of any other remedy at law.
(2) It shall be the duty of the county attorney of the county in which any violation of the
Nebraska Pure Food Act occurs or is about to occur, when notified of such violation by the
department, to cause appropriate proceedings under subsection (1) of this section to be
instituted and pursued in a court of competent jurisdiction.
214
Frequency
8-401.10 Establishing Inspection Interval.
(A)
Except as specified in ¶¶ (B) and (C) of this section, the
REGULATORY AUTHORITY shall inspect a FOOD ESTABLISHMENT at
least once every 6 months.
(B)
The REGULATORY AUTHORITY may increase the interval
between inspections beyond 6 months if:
(1)
The FOOD ESTABLISHMENT is fully operating under an
APPROVED and validated HACCP PLAN as specified under
§ 8-201.14 and ¶¶ 8-103.12(A) and (B);
81-2,288.02. Regulatory authority; inspection intervals. (Replaces 2017 Food Code 8-
401.10 (B)(2)
The regulatory authority may increase the interval between inspections beyond six months
if the food establishment is assigned a less frequent inspection frequency based on a written
risk-based inspection schedule that is being uniformly applied throughout the jurisdiction.
(C)
The REGULATORY AUTHORITY shall periodically inspect
throughout its PERMIT period a TEMPORARY FOOD ESTABLISHMENT
that prepares, sells, or serves unPACKAGED TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD
and that:
(1)
Has improvised rather than permanent facilities or
EQUIPMENT for accomplishing functions such as
handwashing, FOOD preparation and protection, FOOD
temperature control, WAREWASHING, providing DRINKING
WATER
, waste retention and disposal, and insect and
rodent control; or
(2)
Has inexperienced FOOD EMPLOYEES.
8-4
INSPECTION AND CORRECTION OF VIOLATIONS
Subparts
8-401
8
-402
8
-403
8
-404
8
-405
8-406
Frequency
Competency and Access
Report of Findings
Imminent Health Hazard
Violation of Priority Item or Priority
Foundation Item
Core Item Violation
215
8-401.20 Performance- and Risk-Based.
Within the parameters specified in § 8-401.10, the REGULATORY
AUTHORITY
shall prioritize, and conduct more frequent
inspections based upon its assessment of a FOOD
ESTABLISHMENT
'S history of compliance with this Code and the
establishment's potential as a vector of foodborne illness by
evaluating:
(A)
Past performance, for nonconformance with Code or
HACCP PLAN requirements that are PRIORITY ITEMS or PRIORITY
FOUNDATION ITEMS
;
(B)
Past performance, for numerous or repeat violations of
Code or HACCP PLAN requirements that are CORE ITEMS;
(C)
Past performance, for complaints investigated and found to
be valid;
(D)
The HAZARDS associated with the particular FOODS that are
prepared, stored, or served;
(E)
The type of operation including the methods and extent of
FOOD storage, preparation, and service;
(F)
The number of people served; and
(G)
Whether the population served is a HIGHLY SUSCEPTIBLE
POPULATION
.
Competency
8-402.10 Competency of Inspectors.
(A) An authorized representative of the REGULATORY AUTHORITY
who inspects a FOOD ESTABLISHMENT or conducts plan review
for compliance with this Code shall have knowledge, skills and
ability to adequately perform the required duties.
(B) The REGULATORY AUTHORITY shall ensure that authorized
representatives who inspect a FOOD ESTABLISHMENT or conduct
plan review for compliance with this Code have access to
training and continuing education as needed to properly identify
violations and apply the Code.
Access
216
8-402.11 Allowed at Reasonable Times after Due
Notice.
After the REGULATORY AUTHORITY presents official credentials
and provides notice of the purpose of, and an intent to conduct,
an inspection, the PERSON IN CHARGE shall allow the
REGULATORY AUTHORITY to determine if the FOOD ESTABLISHMENT
is in compliance with this Code by allowing access to the
establishment, allowing inspection, and providing information
and records specified in this Code and to which the
REGULATORY AUTHORITY is entitled according to LAW, during the
FOOD ESTABLISHMENT'S hours of operation and other reasonable
times.
81-2,281. Department; enforce act; powers; contract for conduct of certain regulatory
functions; exemption from inspection fee; inspections; how conducted; by whom.
(*Replaces Food Code 2017 8-402.20)
(1) The department shall enforce the Nebraska Pure Food Act and any rule or regulation
adopted and promulgated pursuant to such act. The department may:
(a) Enter at reasonable times and in a reasonable manner, without being subject to any
action for trespass or damages if reasonable care is exercised, any food establishment, food
processing plant, or salvage operation to inspect all food, structures, vehicles, equipment,
packing materials, containers, records, and labels on such property. The department may
inspect and examine all records and property relating to compliance with the Nebraska Pure
Food Act. Such records and property shall be made available to the department for review at
all reasonable times;
(b) In a reasonable manner, hold for inspection and take samples of any food which may
not be in compliance with the Nebraska Pure Food Act;
(c) Inspect at any time or place food that is being shipped into or through the state and
take any enforcement action authorized under the Nebraska Pure Food Act; and
(d) Obtain an inspection warrant in the manner prescribed in sections 29-830 to 29-835
from a court of record if any person refuses to allow the department to inspect pursuant to this
subsection.
(2) In addition to its authority provided in subsection (1) of this section, the department
may contract with any political subdivision or state agency it deems qualified to conduct any
or all regulatory functions authorized pursuant to the act except those functions relating to the
issuance, suspension, or revocation of permits or any order of probation. Holders of permits
issued pursuant to the act who are regularly inspected by political subdivisions under contract
with the department shall be exempt from the inspection fees prescribed in section 81-2,270
if such holders pay license or inspection fees to the political subdivision performing the
inspections.
(3) It shall be the responsibility of the regulatory authority to inspect food establishments
217
and food processing plants as often as required by the act. An inspection of a salvage
operation shall be performed at least once every three hundred sixty-five days of operation.
Additional inspections shall be performed as often as is necessary for the efficient and
effective enforcement of the act.
(4) All inspections conducted pursuant to the act shall be performed by persons who are
provisional environmental health specialists or registered environmental health specialists as
defined in section 38-1305 or 38-1306.
(5) Duly authorized personnel of the regulatory authority after showing proper identification
shall have access at all reasonable times to food establishments, food processing plants, or
salvage operations required by the act to obtain a permit to perform authorized regulatory
functions. Such functions shall include, but not be limited to, inspections, checking records
maintained in the establishment or other locations to obtain information pertaining to food and
supplies purchased, received, used, sold, or distributed, copying and photographing violative
conditions, and examining and sampling food. When samples are taken, the inspectors shall
pay or offer to pay for samples taken. The authorized personnel shall also have access to the
records of salvage operations pertaining to distressed salvageable and salvaged
merchandise purchased, received, used, sold, or distributed.
(6) Regulatory activities performed by a political subdivision or state agency under contract
shall conform with the provisions of the act and such activities shall have the same effect as
those performed by the department. Any interference with the regulatory authority's duty to
inspect shall be an interference with the department's duties for the purposes of section 81-
2,273.
81-2,288.01. Regulatory authority; inspection reporting requirements. (*Replaces Food
Code 2017 8-403.20)
(1) The regulatory authority shall document on an inspection report form:
(a) Administrative information about the food establishment's legal identity, street and
mailing addresses, type of establishment and operation, inspection date, status of the permit,
and personnel certificates that may be required;
(b) Specific factual observations of violative conditions, omissions, or other deviations from
the requirements of the Nebraska Pure Food Act that require correction by the permitholder;
and
(c) Whether the violations listed are priority items, priority foundation items, or repeated.
(2) The regulatory authority shall specify on the inspection report form the timeframe for
correction of the violations as specified in the Nebraska Pure Food Act.
(3) All procedures and requirements related to the inspection of food establishments in the
act apply to food processing plants and salvage operations.
(4) The completed inspection report form is a public document that shall be made available
218
for public disclosure to any person who requests it according to law.
8-403.30 Issuing Report and Obtaining Acknowledgment
of Receipt.
At the conclusion of the inspection and according to LAW, the
REGULATORY AUTHORITY shall provide a copy of the completed
inspection report and the notice to correct violations to the
PERMIT HOLDER or to the PERSON IN CHARGE, and request a
signed acknowledgment of receipt.
8-403.40 Refusal to Sign Acknowledgment.
The REGULATORY AUTHORITY shall:
(A) Inform a PERSON who declines to sign an acknowledgment of receipt of
inspectional findings as specified in § 8-403.30 that:
(1)
An acknowledgment of receipt is not an agreement with
findings,
(2)
Refusal to sign an acknowledgment of receipt will not
affect the PERMIT HOLDER'S obligation to correct the
violations noted in the inspection report within the time
frames specified, and
(3)
A refusal to sign an acknowledgment of receipt is noted in
the inspection report and conveyed to the REGULATORY
AUTHORITY
'S historical record for the FOOD ESTABLISHMENT;
and
(B) Make a final request that the PERSON IN CHARGE sign an
acknowledgment receipt of inspectional findings.
8-403.50 This has been removed from the Nebraska Food Code
Imminent Health Hazard
81-2,273. Permitholder; duties; disciplinary action; effect; hearing; reinstatement of
permit. (Replaces 2017 FDA Food Code 8-404.11 & 8-404.12)
(1) A holder of a permit issued under the Nebraska Pure Food Act shall comply with the
act, the rules and regulations adopted pursuant thereto, and any order of the director issued
pursuant thereto. The permitholder shall not interfere with the department in the performance
of its duties.
219
(2) A permitholder may be put on probation requiring such person to comply with the
conditions set out in an order of probation issued by the director after: (a) The director
determines the permitholder has not complied with subsection (1) of this section; (b) the
permitholder is given written notice to comply and written notice of the right to a hearing to
show cause why an order of probation should not be issued; and (c) the director finds that
issuing an order of probation is appropriate based on the hearing record or on the available
information if the hearing is waived by the permitholder.
(3) A permit may be suspended after: (a) The director determines the permitholder has not
complied with subsection (1) of this section; (b) the permitholder is given written notice to
comply and written notice of the right to a hearing to show cause why the permit should not
be suspended; and (c) the director finds that issuing an order suspending the permit is
appropriate based on the hearing record or on the available information if the hearing is
waived by the permitholder.
(4) A permit may be immediately suspended and the director may order the permitholder's
food establishment, food processing plant, or salvage operation closed prior to hearing when:
(a) The director determines an immediate danger to the public health, safety, or welfare exists
in or is caused by the permitholder's food establishment, food processing plant, or salvage
operation; and (b) the permitholder receives the written notice to comply and written notice of
the right to a hearing to show cause why the suspension should not be sustained. Within
fifteen days after the suspension, the permitholder may request, in writing, a date for a hearing
and the director shall consider the interests of the permitholder when the director establishes
the date and time of the hearing, except that no hearing shall be held sooner than is
reasonable under the circumstances. When a permitholder does not request a hearing date
within such fifteen-day period, the director shall establish a hearing date and shall notify the
permitholder of the date and time of such hearing.
(5) A permit may be revoked after: (a) The director determines the permitholder has
committed serious, repeated, or multiple violations of any of the requirements of subsection
(1) of this section; (b) the permitholder is given written notice to comply and written notice of
the right to a hearing to show cause why the permit should not be revoked; and (c) the director
finds that issuing an order revoking the permit is appropriate based on the hearing record or
on the available information if the hearing is waived by the permitholder.
(6) Any food establishment, food processing plant, or salvage operation for which the
permit has been suspended shall close and remain closed until the permit is reinstated. Any
food establishment, food processing plant, or salvage operation for which the permit has been
revoked shall close and remain closed until a new permit is issued.
(7) The director may terminate proceedings to suspend or revoke a permit or to subject a
permitholder to an order of probation at any time if the reasons for such proceedings no longer
exist. A permit which has been suspended may be reinstated, a person with a revoked permit
may be issued a new permit, or a permitholder may no longer be subject to an order of
probation if the director determines the conditions which prompted the suspension,
revocation, or probation no longer exist.
(8) Proceedings for suspension, revocation, or probation shall not preclude the department
from pursuing other civil or criminal actions.
220
Violation of Priority Item or Priority Foundation Item
8-405.11 Timely Correction.
(A)
Except as specified in ¶ (B) of this section, a PERMIT HOLDER
shall at the time of inspection correct a violation of a PRIORITY
ITEM
or PRIORITY FOUNDATION ITEM of this Code and implement
corrective actions for a HACCP PLAN provision that is not in
compliance with its CRITICAL LIMIT.
Pf
(B)
Considering the nature of the potential HAZARD involved and
the complexity of the corrective action needed, the REGULATORY
AUTHORITY
may agree to or specify a longer time frame, not to
exceed:
(1)
72 hours after the inspection, for the PERMIT HOLDER to
correct violations of a PRIORITY ITEM; or
(2)
10 calendar days after the inspection, for
the PERMIT HOLDER to correct
violations of a PRIORITY FOUNDATION
ITEM
or HACCP PLAN deviations.
8-405.20 Verification and Documentation of
Correction.
(A)
After observing at the time of inspection a correction of a
violation of a PRIORITY ITEM or PRIORITY FOUNDATION ITEM or a
HACCP PLAN deviation, the REGULATORY AUTHORITY shall enter
the violation and information about the corrective action on the
inspection report.
(B)
This has been removed from the Nebraska Food Code
Core Item Violation
8-406.11 Time Frame for Correction.
(A)
Except as specified in ¶ (B) of this section, the PERMIT
HOLDER
shall correct CORE ITEMS by a date and time agreed to or
specified by the REGULATORY AUTHORITY but no later than 90
calendar days after the inspection.
(B)
The REGULATORY AUTHORITY may approve a compliance
schedule that extends beyond the time limits specified under ¶
(A) of this section if a written schedule of compliance is
221
submitted by the PERMIT HOLDER and no health HAZARD exists or
will result from allowing an extended schedule for compliance.
222
Investigation and Control
8-501.10 Obtaining Information: Personal History of
Illness, Medical Examination, and Specimen
Analysis.
The REGULATORY AUTHORITY shall act when it has reasonable
cause to believe that a FOOD EMPLOYEE or CONDITIONAL
EMPLOYEE
has possibly transmitted disease; may be infected
with a disease in a communicable form that is transmissible
through FOOD; may be a carrier of infectious agents that cause
a disease that is transmissible through FOOD; or is affected with
a boil, an infected wound, or acute respiratory infection, by:
(A)
Securing a confidential medical history of the FOOD
EMPLOYEE
or CONDITIONAL EMPLOYEE suspected of transmitting
disease or making other investigations as deemed appropriate;
and
(B)
Requiring appropriate medical examinations, including
collection of specimens for laboratory analysis, of a suspected
FOOD EMPLOYEE or CONDITIONAL EMPLOYEE.
8-501.20 Restriction or Exclusion of Food Employee, or
Summary Suspension of Permit.
Based on the findings of an investigation related to a FOOD
EMPLOYEE
or CONDITIONAL EMPLOYEE who is suspected of being
infected or diseased, the REGULATORY AUTHORITY may issue an
order to the suspected FOOD EMPLOYEE, CONDITIONAL EMPLOYEE
or PERMIT HOLDER instituting one or more of the following control
measures:
(A) RESTRICTING the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE;
8-5
PREVENTION OF FOODBORNE DISEASE TRANSMISSION BY
EMPLOYEES
Subpart
8-501
Investigation and Control
(B) EXCLUDING the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE; or
(C) Closing the FOOD ESTABLISHMENT by summarily suspending
a PERMIT to operate in accordance with LAW.
8-501.30 Restriction or Exclusion Order: Warning or
Hearing Not Required, Information Required in
Order.
Based on the findings of the investigation as specified in
§ 8-501.10 and to control disease transmission, the
REGULATORY AUTHORITY may issue an order of RESTRICTION or
EXCLUSION to a suspected FOOD EMPLOYEE or the PERMIT HOLDER
without prior warning, notice of a hearing, or a hearing if the
order:
(A)
States the reasons for the RESTRICTION or EXCLUSION that is
ordered;
(B)
States the evidence that the FOOD EMPLOYEE or PERMIT
HOLDER
shall provide in order to demonstrate that the reasons
for the RESTRICTION or EXCLUSION are eliminated;
(C)
States that the suspected FOOD EMPLOYEE or the PERMIT
HOLDER
may request an appeal hearing by submitting a timely
request as provided in LAW; and
(D)
Provides the name and address of the REGULATORY
AUTHORITY
representative to whom a request for an appeal
hearing may be made.
8-501.40 Removal of Exclusions and Restrictions.
The REGULATORY AUTHORITY shall release a FOOD EMPLOYEE, OR
CONDITIONAL EMPLOYEE
from RESTRICTION or EXCLUSION
according to LAW and the conditions specified under
§ 2-201.13.
