Missouri Food Code

MISSOURI FOOD CODE DOCUMENT

Missouri Food Code

for the

Food Establishments of

the State of Missouri

Publication Date: June 3, 2013

MISSOURI FOOD CODE

Table of Contents

Chapter Title Page

Chapter 1

Definitions

Chapter 2

Management and Personnel

Chapter 3

Food

Chapter 4

Equipment, Utensils, and Linens

Chapter 5

Water, Plumbing, and Waste

Chapter 6

Physical Facilities

Chapter 7

Poisonous or Toxic Materials

Chapter 8

Compliance and Enforcement

Index 100

Chapter 1: Definitions

1-101.10 Food Code. These provisions shall be known as the Food Code, hereinafter referred to

as “this Code.”

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.

1-103.10 Statement. This Code establishes definitions; set standards for management and

personnel, food operations, equipment and facilities, and drinking and non-drinking water

and wastewater; and establishes procedures for approval to open, Hazard Analysis and

Critical Control Points (HACCP) plans, and enforcement by the department.

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 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

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” means any substance, the intended use of which results or may

reasonably be expected to result, directly or indirectly, in its becoming a

component or otherwise affecting the characteristics of any food including any

substance intended for use in producing, manufacturing, packing, processing,

preparing, treating, radiation intended for any such use, if such substance is not

generally recognized as safe under the conditions of its use; except such term does

not include a pesticide chemical residue in or on a raw agricultural commodity or

processed food; a pesticide chemical; a color additive; any substance used in

accordance with a sanction or approval granted prior to the enactment of

relevant federal laws; a new animal drug; or an ingredient in, or intended for use

in, a dietary supplement.

(2) “Color additive” means a dye, pigment, or other substance, which is capable of

imparting color when added or applied to food, drug, cosmetic, or to the human

body and requires prior approval by the Food and Drug Administration (FDA);

except such term does not include any material which the Secretary of Health and

Human Services, by regulation, determines is used or intended to be used solely

for a purpose or purposes other than coloring or any pesticide chemical, soil or

plant nutrient, or other agricultural chemical solely because of its effect in aiding,

retarding, or otherwise affecting, directly or indirectly, the growth or other

natural physiological processes of produce of the soil and thereby affecting its

color, whether before or after harvest.

“Adulterated” means a food that:

(1) Bears or contains any poisonous or deleterious substance which may render it

injurious to health; but in case the substance is not an added substance such food

shall not be considered adulterated under this subdivision if the quantity of such

substance in such food does not ordinarily render it injurious to health; or

(2) Bears or contains any added poisonous or added deleterious substance which is

unsafe within the meaning of Section 196.085, RSMo; or

(3) Consists, in whole or in part, of any diseased, contaminated, filthy, putrid, or

decomposed substance, or if it is otherwise unfit for food; or

(4) Has been produced, prepared, packed, or held under unsanitary conditions

whereby it may have become contaminated with filth or whereby it may have

been rendered diseased, unwholesome, or injurious to health; or

(5) Is, in whole or in part, the product of a diseased animal or of an animal which has

died otherwise than by slaughter, or that has been fed upon the uncooked offal

from a slaughterhouse; or

(6) Its container is composed, in whole or in part, of any poisonous or deleterious

substance which may render the contents injurious to health; or

(7) Any valuable constituent has been in whole or in part omitted or abstracted

therefrom; or

(8) Any substance has been substituted wholly or in part therefore; or

(9) Damage or inferiority has been concealed in any manner; or

(10) Any substance has been added thereto or mixed or packed therewith so as to

increase its bulk or weight, or reduce its quality or strength or make it appear

better or of greater value than it is; or

(11) It is confectionery and it bears or contains any alcohol or nonnutritive article or

substance except harmless coloring, harmless flavoring, harmless resinous glaze

not in excess of four-tenths of one percent (0.4%), harmless natural wax not in

excess of four-tenths of one percent (0.4%), harmless natural gum, and pectin;

provided, that this subdivision shall not apply to any confectionery, by reason of

its containing less than five percent (5%) by weight of alcohol, or to any chewing

gum by reason of its containing harmless nonnutritive masticatory substances; or

(12) It bears or contains a coal tar color other than one from a batch, which has been

certified under authority of the Federal Food, Drug and Cosmetic Act (Title 21

U.S.C. 301 et seq.; 52 Stat. 1040 et seq.).

“Approval to open” means certificate issued by the regulatory authority authorizing a

food establishment to commence operations as a food establishment due to its meeting

minimum requirements set forth by the regulatory authority.

“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

” means water activity which is a measure of the free moisture in a food, is the

quotient of the water vapor pressure of the substance divided by the vapor pressure of

pure water at the same temperature, and is indicated by the symbol A

“Balut” means an embryo inside a fertile egg that has been incubated for a period

sufficient for the embryo to reach a specific stage of development after which it is

removed from incubation before hatching.

“Beverage” means a liquid for drinking, including water.

“Bottled drinking water” means water that is sealed in bottles, packages, or other

containers and offered for sale for human consumption, including bottled mineral

water.

“Casing” means a tubular container for sausage products made of either natural or

artificial (synthetic) material.

“Certification number” means a unique combination of letters and numbers assigned by

a shellfish control authority to a molluscan shellfish dealer according to the

provisions of the National Shellfish Sanitation Program.

“CFR” means Code of Federal Regulations and is a compilation of the general and

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

agencies of the federal government.

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.

“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 two (2) or more types of meat that have been reduced in size and

combined, such as sausages made from two (2) or more meats.

“Conditional employee” means a potential food employee to whom a job offer is made,

conditional on responses to subsequent medical questions or examinations designed

to identify potential food employees who may be suffering from a disease that can be

transmitted through food and done in compliance with Title 1 of the Americans with

Disabilities Act of 1990.

“Confirmed foodborne disease outbreak” means a foodborne disease outbreak in

which laboratory analysis of appropriate specimens identifies a causative agent and

epidemiological analysis implicates the food as the source of the illness.

“Consumer” means a person who is a member of the public, takes possession of food, is

not functioning in the capacity of an operator of a food establishment or food

processing plant, and does not offer the food for resale.

Core item.

(1) “Core item” means a provision that, if in noncompliance, may lead to conditions

favorable for food contamination, illness, or environmental health hazards. A

core item includes violations related to general sanitation, operational controls,

sanitation standard operating procedures (SSOPs), facilities or structures,

equipment design, or general maintenance.

(2) “Core item” means a provision in this Code that is not designated as a priority

item.

“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.

“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.

“Department” means the Missouri Department of Health and Senior Services.

“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”, traditionally known as “potable water”, means water which is

safe for human consumption in that it is free from impurities in amounts sufficient

to cause disease or harmful physiological effects and, for the purpose of this

Code, must meet the standards of the EPA, Department of Natural Resources or

the department prior to serving to the general public.

(2) “Drinking water” includes the term “water” except where the term used connotes

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

“wastewater,” and “nondrinking” water.

“Dry storage area” means a room or area designated for the storage of packaged or

containerized bulk food that is not potentially hazardous 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

toxigenic agents or other contaminants into food based on the surface’s

approved placement, purpose, and use.

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

surface as easily cleanable as specified in Subparagraph (1) of this definition to

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

(a) The appropriateness of stainless steel for a food preparation surface as

opposed to the lack of need for stainless steel to be used for floors or for tables

used for consumer dining; or

(b) The need for a different degree of cleanability for a utilitarian attachment or

accessory in the kitchen as opposed to a decorative attachment or accessory in

the consumer dining area.

“Easily moveable” 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

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 operator, person in charge, food employee, person having

supervisory or management duties, person on the payroll, family member, volunteer,

person performing work under contractual agreement, or other person working in a

food establishment.

“Enterohemorrhagic Escherichia coli” (EHEC) means E. coli, which cause

hemorrhagic colitis, meaning bleeding enterically or bleeding from the intestine. The

term is typically used in association with E. coli that has the capacity to produce

Shiga toxins and to cause attaching and effacing lesions in the intestine. EHEC is a

subset of Shiga toxin-producing Escherichia coli (STEC), whose members produce

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

classically associated with bloody diarrhea (hemorrhagic colitis) and hemolytic

uremic syndrome (HUS) or thrombotic thrombocytopenic purpura (TTP). Examples

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

E. coli O145:NM; E. coli O103:H2; or E. coli O111:NM. Also see shiga toxin-

producing E. coli.

“EPA” means the U.S. Environmental Protection Agency.

Equipment.

(1) “Equipment” means an article that is used in the operation of a food establishment

such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in

refrigerator, scale, sink, slicer, stove, table, temperature measuring device for

ambient air, vending machine, or warewashing machine.

(2) “Equipment” does not include apparatuses used for handling or storing large

quantities of packaged foods that are received from a supplier in a cased or

overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.

“Exclude” means to prevent a person from working as an employee in a food

establishment or entering a food establishment as an employee.

Extensive renovation.

(1) “Extensive renovation” means a physical change to portions of the food

establishment designated for food preparation, food storage, and/or warewashing.

Examples include, but are not limited to, building additions, demolition of interior

or exterior walls, the addition or removal of hand sinks, three compartment sinks

or service sinks. Repair or replacement of broken, dated or worn

equipment/items shall not be considered an extensive renovation.

(2) “Extensive renovation” means a substantial change in the foods prepared, sold or

served as to require additional equipment or different food handling processes or

procedures. This includes changing the type of food service operation, such as

fast food to full service.

“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.

“Food-contact surface” means:

(1) A surface of equipment or a utensil with which food normally comes into contact;

(2) A surface of equipment or a utensil from which food may drain, drip, or splash:

(a) Into a food, or

(b) Onto a surface normally in contact with food.

“Food employee” means an individual working with unpackaged food, food equipment

or utensils, or food-contact surfaces.

Food Establishment.

(1) “Food establishment” means an operation that:

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

otherwise provides food for human consumption such as a restaurant; satellite

or catered feeding location; catering operation if the operation provides food

directly to a consumer or to a conveyance used to transport people; market;

vending location; conveyance used to transport people; institution; or food

bank;

(b) Relinquishes possession of food to a consumer, directly or indirectly, through

a delivery service such as home delivery of grocery orders or restaurant

takeout orders, or delivery service that is provided by common carriers; and

(2) “Food establishment” includes:

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

preparation facility that supplies a vending location or satellite feeding

location; and

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

permanent facility or location; where consumption is on or off the premises;

and regardless of whether there is a charge for the food.

(3) “Food establishment” does not include:

(a) An establishment that offers only prepackaged foods that are not potentially

hazardous foods;

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

food establishment;

(d) A kitchen in a private home if only food that is not potentially hazardous food,

is prepared for sale or service at a function such as a religious or charitable

organization’s bake sale if allowed by law and if the consumer is informed by

a clearly visible placard at the sales or service location that the food is

prepared in a kitchen that is not subject to regulation and inspection by the

regulatory authority;

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

this definition is sold or offered for human consumption;

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

bed-and-breakfast operation, that prepares and offers food to guests if the

home is owner occupied, the number of available guest bedrooms does not

exceed four (4), and breakfast is the only meal offered;

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

(h) Where local codes allow, individual stands in which only foods meeting the

following conditions are sold, sampled or served:

(i) Non-potentially hazardous processed food, except low acid canned and

acidified foods as specified in 21 CFR 113 and 114 respectively,

including, but not limited to breads, cookies, fruit pies, jams, jellies,

preserves, fruit butters, honey, sorghum, cracked nuts, packaged spices

and spice mixes, dry cookie, cake, bread, and soup mixes;

(ii) The seller is the individual actually producing the food or an immediate

family member residing in the producer’s household with extensive

knowledge about the food;

(iii) The seller only sells, samples or serves the food directly to the end

consumer;

(iv) All processed packaged foods bear a label stating the name and address of

the manufacturer/processor preparing the food, common name of the food,

name of all the ingredients in the food in order of predominance, the net

weight of the food in English or metric units, and a statement that the

product is prepared in a kitchen that is not subject to inspection by the

department. It is recommended that honey manufacturers/processors

include this additional statement to their product label: “Honey is not

recommended for infants less than twelve (12) months of age”; and

(v) The consumer is informed by a clearly visible placard at the sales or

service location that the food is prepared in a kitchen that is not subject to

inspection by the department if the foods specified in Part 3. H. (I) of this

definition, are sold, sampled or served in unpackaged, individual portions.

The department shall have the final authority in determining whether a

food is non-potentially hazardous and may enjoin individuals who violate

the provisions of this subparagraph from selling, sampling or serving

these 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, poultry or fish.

(2) “Game animal” includes mammals such as reindeer, deer, antelope, water buffalo,

rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles

such as land snakes.

(3) “Game animal” does not include ratites, such as ostrich, emu, and rhea.

“Grade A standards” means the requirements of the United States Public Health

Service/FDA “Grade A Pasteurized Milk Ordinance” with which certain fluid and dry

milk and milk products comply.

“HACCP plan” means a written document that delineates the formal procedures for

following the Hazard Analysis and Critical Control Point principles developed by the

National Advisory Committee on Microbiological Criteria for Foods.

Handwashing Sink.

(1) “Handwashing sink” means a lavatory, a basin or vessel for washing, a wash

basin, or a plumbing fixture especially placed for use in personal hygiene and

designed for the washing of the hands.

(2) “Handwashing sink” includes an automatic handwashing facility.

“Hazard” means a biological, chemical, or physical property that may cause an

unacceptable consumer health risk.

“Health menace” means a situation that does not carry the urgency of an imminent

health hazard, yet carries the threat of potentially serious health consequences if not

corrected.

“Health practitioner” means a physician licensed to practice medicine, a nurse

practitioner, or physician assistant.

“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” meat means a meat to which liquid substances have been introduced into its

interior by processes that are referred to as “injecting,” “pump marinating,” or “stitch

pumping.”

Juice.

(1) “Juice” means the aqueous liquid expressed or extracted from one (1) or more

fruits or vegetables, purées of the edible portions of one (1) or more fruits or

vegetables, or any concentrates of such liquid or purée.

(2) “Juice” does not include, for purposes of HACCP, liquids, purées, or

concentrates that are not used as beverages or ingredients of beverages.

“Kitchenware” means food preparation and storage utensils.

“Law” means applicable local, state, and federal statutes, regulations, and ordinances.

“Linens” means fabric items such as cloth hampers, cloth napkins, tablecloths, wiping

cloths, and work garments including cloth gloves.

“Livestock” means cattle, sheep, swine, goat, horse, mule or other equine.

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

(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, goats, elk, bison, llama, alpaca, and other edible animals including

game animals, except fish and poultry.

Mechanically Tenderized.

(1) “Mechanically tenderized” means manipulating meat with deep penetration by

processes which may be referred to as “blade tenderizing,” “jaccarding,”

“pinning,” “needling,” or using blades, pins, needles or any mechanical device.

(2) “Mechanically tenderized” does not include processes by which solutions are

injected into meat.

“mg/L” means milligrams per liter, which is the metric equivalent of parts per million

(ppm).

“Molluscan shellfish” means any edible species of fresh or frozen oysters, clams,

mussels, and scallops or edible portions thereof, except when the scallop product

consists only of the shucked adductor muscle.

Non-Continuous Cooking.

(1) “Non-continuous cooking” means the cooking of food in a food establishment

using a process in which the initial heating of the food is intentionally halted so

that it may be cooled and held for complete cooking at a later time prior to sale or

service.

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

temporarily interrupting or slowing an otherwise continuous cooking process.

“Operator” means the entity that is legally responsible for the operation of the food

establishment such as the owner, the owner’s agent, or other person.

Packaged.

(1) “Packaged” means bottled, canned, cartoned, securely bagged, or securely

wrapped, whether packaged in a food establishment or a food processing plant.

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

container used to containerize food with the purpose of facilitating food

protection during service and receipt of the food by the consumer.

“Person” means an association, a corporation, individual, partnership, other legal entity,

government, or governmental subdivision or agency.

“Person in charge (PIC)” means the individual present at a food establishment who is

responsible for the operation at the time of inspection.

Personal Care Items.

(1) “Personal care items” means items or substances that may be poisonous, toxic, or

a source of contamination and are used to maintain or enhance a person’s health,

hygiene, or appearance.

(2) “Personal care items” include items such as medicines; first aid supplies; and

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

“pH” means the symbol for the negative logarithm of the hydrogen ion concentration,

which is a measure of the degree of acidity or alkalinity of a solution.

(1) Values between zero (0) and seven (7) indicate acidity;

(2) Values between seven (7) and fourteen (14) indicate alkalinity; and

(3) The value for pure distilled water is seven (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 four (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, which include substances such as insecticides and rodenticides;

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

as nonfood grade lubricants and personal care items that may be deleterious to

health; and

(4) Substances that are not necessary for the operation and maintenance of the

establishment and are on the premises for retail sale, such as petroleum products

and paints.

Potentially Hazardous Food.

(1) “Potentially hazardous food” means a food that is natural or synthetic and that

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

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

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

(2) “Potentially hazardous food” includes an animal food that is raw or heat-treated; a

plant food that is heat-treated or consists of raw seed sprouts; cut melons; cut

leafy greens; cut tomatoes or mixtures of cut tomatoes that are not modified in a

way so that they are unable to support pathogenic microorganism growth or toxin

formation; and garlic-in-oil mixtures that are not modified in a way so that they

are unable to support pathogenic microorganism growth or toxin formation.

(3) “Potentially hazardous food” does not include:

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

(b) A food with an A

value of eighty-five one-hundredth (0.85) or less;

seventy-five degrees Fahrenheit (75ºF);

(d) A food, in an unopened hermetically sealed container, that is commercially

processed to achieve and maintain commercial sterility under conditions of

non-refrigerated storage and distribution; and

(e) A food for which laboratory evidence demonstrates that the rapid and

progressive growth of infectious or toxigenic microorganisms or the growth of

S. Enteriditis in eggs or C. botulinum cannot occur, such as a food that has an

value above eighty-five one-hundredths (0.85) and a pH level above four

and six-tenths (4.6) when measured at seventy-five degrees Fahrenheit

(75ºF)and that may contain a preservative, other barrier to the growth of

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

microorganisms.

(f) A food that does not support the growth of microorganisms as specified under

Paragraph 1. of this definition even though the food may contain an infectious

or toxigenic microorganism or chemical or physical contaminant at a level

sufficient to cause illness.

“Poultry” means:

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

squabs), whether live or dead, as defined by USDA; and

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

pigeon, whether live or dead, as defined by USDA.

“Premises” means:

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

control of the operator; 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 operator and may impact food establishment personnel, facilities, or

operations, and a food establishment is only one component of a larger operation

such as a health care facility, hotel, motel, school, recreational camp, or prison.

“Primal cut” means a basic major cut into which carcasses and sides of meat are

separated, such as a beef round, pork loin, lamb flank, or veal breast.

Priority Item.

(1) “Priority item” means a provision that, if in noncompliance, is more likely than

other violations to contribute to food contamination, illness, or an environmental

health hazard. A priority item’s application supports, facilitates or enables the

elimination, prevention or reduction of hazards associated with foodborne illness

or injury to an acceptable level.

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

hazards such as cooking, reheating, cooling, handwashing;

(3) “Priority item” includes an item that requires the incorporation of specific

actions, equipment or procedures 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

(4) “Priority item” is an item that is denoted in this Code with a superscript P-

“Private water system” means individual drinking water supplies available to the

general public not included under the rules governing public water supplies.

“Public water system” means a piped water system that provides water to the public for

human consumption, if the system has at least fifteen (15) service connections or

regularly serves an average of at least twenty-five (25) individuals daily at least sixty

(60) days out of the year. The system includes any collection, treatment, storage or

distribution facilities used in connection with the system. A public water system is

either a community water system or a noncommunity water system.

“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

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;

401.13;

(d) All potentially hazardous 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) 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 twenty-one percent (21%) at sea

level); and

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

a food for which the hazards Clostridium botulinum or Listeria

monocytogenes require control in the final packaged form.

(2) “Reduced oxygen packaging” includes:

(a) Vacuum packaging, in which air is removed from a package of food and the

package is hermetically sealed so that a vacuum remains inside the package;

(b) Modified atmosphere packaging, in which the atmosphere of a package of

food is modified so that its composition is different from air but the

atmosphere may change over time due to the permeability of the packaging

material or the respiration of the food. Modified atmosphere packaging

includes reduction in the proportion of oxygen, total replacement of oxygen,

or an increase in the proportion of other gases such as carbon dioxide or

nitrogen;

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 psychotropic pathogens; or

(e) Sous vide packaging, in which raw or partially cooked food is placed in a

hermetically sealed, impermeable bag, cooked in the bag, rapidly chilled, and

refrigerated at temperatures that inhibit the growth of psychotropic pathogens.

“Refuse” means solid waste not carried by water through the sewage system.

“Regulatory authority” means the local, state, or federal enforcement body or

authorized representative having jurisdiction over the food establishment.

“Reminder” means a written statement concerning the health risk of consuming animal

foods raw, undercooked, or without otherwise being processed to eliminate

pathogens.

“Re-service” means the transfer of food that is unused and returned by a consumer after

being served or sold and in the possession of the consumer, to another person.

“Restrict” means to limit the activities of a food employee so that there is no risk of

transmitting a disease that is transmissible through food and the food employee does

not work with exposed food, clean equipment, utensils, linens, or unwrapped single-

service or single-use articles.

“Restricted use pesticide” means a pesticide product labeled for use only 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; or

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

applicable regulations of the Food and Drug Administration.

“Sanitization” means the application of cumulative heat or chemicals on cleaned food-

contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of

five (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 any dog that is individually trained to do work or perform tasks

for the benefit of an individual with a disability. Other species of animals, whether

wild or domestic, trained or untrained, are not service animals for the purpose of this

Code.

“Servicing area” means an operating base location to which a mobile food establishment

or transportation vehicle returns regularly for such things as vehicle and equipment

cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and

boarding food.

“Sewage” means liquid waste containing animal or vegetable matter in suspension or

solution and may include liquids containing chemicals in solution.

“Shellfish control authority” means a state, federal, foreign, tribal, or other government

entity legally responsible for administering a program that includes certification of

molluscan shellfish harvesters and dealers for interstate commerce.

“Shellstock” means raw, in-shell molluscan shellfish.

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

producing Shiga toxins (also called verocytotoxins or “Shiga-like” toxins). Examples

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

enterohemorrhagic ESCHERICHIA COLI.

“Shucked shellfish” means molluscan shellfish that have one (1) or both shells removed.

“Single-service articles” means tableware, carry-out utensils, and other items such as

bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are

designed and constructed for one time, one person use after which they are intended

for discard.

Single-Use Articles.

(1) “Single-use articles” means utensils and bulk food containers designed and

constructed to be used once and discarded.

(2) “Single-use articles” includes items such as wax paper, butcher paper, plastic

wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread

wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet

the materials, durability, strength, and cleanability specifications under §§ 4-

101.11, 4-201.11, and 4-202.11 for multiuse utensils.

“Slacking” means the process of moderating the temperature of a food such as allowing

a food to gradually increase from a temperature of negative ten degrees Fahrenheit (-

10°F) to twenty-five degrees Fahrenheit (25°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 with a

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

steel;

(2) A non food-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 renders it difficult to clean.

“Special process” means a modification or waiver of one or more requirements of this

Code, authorized in written form, by the department, if in the opinion of the

department, a health hazard or nuisance will not result.

“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 fourteen (14) consecutive days in conjunction with a single event or

celebration.

“USDA” means the U.S. Department of Agriculture.

“Utensil” means a food-contact implement or container used in the storage, preparation,

transportation, dispensing, sale, or service of food, such as kitchenware or tableware

that is multiuse, single-service, or single-use; gloves used in contact with food;

temperature sensing probes of food temperature measuring devices; and probe-type

price or identification tags used in contact with food.

“Vending machine” means a self-service device that, upon insertion of a coin, paper

currency, token, card, or key, or by optional manual operation, dispenses unit

servings of food in bulk or in packages without the necessity of replenishing the

device between each vending operation.

“Vending machine location” means the room, enclosure, space, or area where one (1)

or more vending machines are installed and operated and includes the storage areas

and areas on the premises that are used to service and maintain the vending machines.

“Warewashing” means the cleaning and sanitizing of utensils and food-contact surfaces

of equipment.

“Whole-muscle, intact beef” means whole muscle beef that is not injected,

mechanically tenderized, reconstructed, or scored and marinated, from which beef

steaks may be cut.

“Wild mushroom identification expert” means an individual who provides the

regulatory authority with a letter or certificate verifying successful completion of a

wild mushroom identification course provided by either an accredited college or

university or a mycological society.

Chapter 2: Management and Personnel

2-101.11 Assignment.

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

(B) In a food establishment with two (2) or more separate food operations/departments that

are the legal responsibility of the same operator that are located on the same premises,

the operator 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 food operation/department

on the premises

2-102.11 Demonstration of Knowledge. 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

;

(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

; or

operation

. The areas of knowledge include:

(1) Describing the relationship between the prevention of foodborne disease and the

personal hygiene of a food employee

;

(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

;

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

food

;

(4) Explaining the significance of the relationship between maintaining the time and

temperature of potentially hazardous food and the prevention of foodborne illness

;

(5) Explaining the hazards involved in the consumption of raw or undercooked meat,

poultry, eggs, and fish

;

(6) Stating the required food temperatures and times for safe cooking of potentially

hazardous food including meat, poultry, eggs, and fish

;

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

holding, cooling, and reheating of potentially hazardous food

;

(8) Describing the relationship between the prevention of foodborne illness and the

management and control of the following

(a) Cross contamination

(b) Hand contact with ready-to-eat foods

, and

(d) Maintaining the food establishment in a clean condition and in good repair

;

(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

;

(10) Explaining the relationship between food safety and providing equipment that is

(a) Sufficient in number and capacity

, and

(b) Properly designed, constructed, located, installed, operated, maintained, and

cleaned

;

(11) Explaining correct procedures for cleaning and sanitizing utensils and food-contact

surfaces of equipment

;

(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

;

(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

;

(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

;

(15) Explaining the details of how the person in charge and food employees comply with

the HACCP plan if a plan is required by law, this Code, or an agreement between the

regulatory authority and the food establishment

;

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

(a) Food employee

(b) Conditional employee

(d) Regulatory authority

; and

(17) Explaining how the person in charge, food employees, and conditional employees

comply with reporting responsibilities and exclusion or restriction of food employees

2-102.20 Food Protection Manager Certification. 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).

2-103.11 Person in Charge. The person in charge shall ensure that:

(A) Food establishment operations are not conducted in a private home or in a room used as

living or sleeping quarters as specified under § 6-202.111;

(B) Persons unnecessary to the food establishment operation are not allowed in the food

preparation, food storage, or warewashing areas, except that brief visits and tours may be

authorized by the person in charge if steps are taken to ensure that exposed food; clean

equipment, utensils, and linens; and unwrapped single-service and single-use articles are

protected from contamination;

applicators entering the food preparation, food storage, and warewashing areas comply

with this Code;

(D) Employees are effectively cleaning their hands, by routinely monitoring the employees’

handwashing;

(E) Employees are visibly observing foods as they are received to determine that they are

from approved sources, delivered at the required temperatures, protected from

contamination, unadulterated, and accurately presented, by routinely monitoring the

employees’ observations and periodically evaluating foods upon their receipt;

(F) Employees are properly cooking potentially hazardous food, being particularly careful in

cooking those foods known to cause severe foodborne illness and death, such as eggs and

comminuted meats, through daily oversight of the employees’ routine monitoring of the

cooking temperatures using appropriate temperature measuring devices properly scaled

and calibrated as specified under § 4-203.11 and ¶ 4-502.11(B);

(G) Employees are using proper methods to rapidly cool potentially hazardous foods that are

not held hot or are not for consumption within four (4) hours, through daily oversight of

the employees’ routine monitoring of food temperatures during cooling;

(H) Consumers who order raw or partially cooked ready-to-eat foods of animal origin are

informed as specified under § 3-603.11 that the food is not cooked sufficiently to ensure

its safety;

(I) Employees are properly sanitizing cleaned multiuse equipment and utensils before they

are reused, through routine monitoring of solution temperature and exposure time for hot

water sanitizing, and chemical concentration, pH, temperature, and exposure time for

chemical sanitizing;

(J) Consumers are notified that clean tableware is to be used when they return to self-service

areas such as salad bars and buffets as specified under § 3-304.16;

(K) Employees are preventing cross-contamination of ready-to-eat food with bare hands by

properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or

dispensing equipment;

(L) Employees are properly trained in food safety, including food allergy awareness, as it

relates to their assigned duties; and

(M) Food employees and conditional employees are informed of their responsibility to report

in accordance with law, to the person in charge, information about their health and

activities as they relate to diseases that are transmissible through food, as specified under

¶ 2-201.11(A).

2-201.10 Department Reserves Right to Adjust Parameters for Exclusions and/or

Restrictions. The department may adjust the parameters for excluding, restricting, and

reinstating a food employee to address public health concerns as they relate to a confirmed

foodborne disease outbreak or an individual’s symptoms or diagnosed illness.

2-201.11 Responsibility of Operator, Person in Charge, Food Employees, and Conditional

Employees.

(A) The operator 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 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

(B) The food employee or conditional employee shall notify the person in charge when they

have any symptom, diagnosed illness or exposure as specified in §§ 2-201.12 or 2-201.13

jaundiced,

or diagnosed by a health practitioner with an illness due to Norovirus,

hepatitis A virus,

Shigella spp.,

ENTEROHEMORRHAGIC or shiga toxin-producing

ESCHERICHIA COLI,

or Salmonella typhi

(D) The person in charge shall ensure that a conditional employee who exhibits or reports a

symptom, who reports a diagnosed illness, or reports a history of exposure as specified in

§§ 2-201.12 or 2-201.13, is prohibited from becoming a food employee until the

conditional employee meets the criteria for reinstatement as specified in §§ 2-201.12 or

2-201.13

(E) A food employee shall comply with:

(1) An exclusion and the provisions specified in this Code;

(2) A restriction and the provisions specified in this Code

2-201.12 Exclusions and Reinstatement.

(A) A food employee symptomatic with:

(1) Vomiting

or diarrhea

shall be:

(a) Excluded by the person in charge, except when the symptom is from a

noninfectious condition

; and

(b) Reinstated by the person in charge, if the food employee:

(i) Is asymptomatic for at least twenty-four (24) hours

; or

(ii) Provides to the person in charge written medical documentation from a health

practitioner that states the symptom is from a noninfectious condition

(2) Jaundice and the onset of jaundice occurred within the last seven (7) calendar days

shall be:

(a) Excluded by the person in charge, 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

; and

(b) Reinstated if the person in charge obtains approval from the regulatory authority

and the food employee meets one of the following conditions:

(i) Has been jaundiced for more than seven (7) calendar days

;

(ii) Has been symptomatic with symptoms other than jaundice for more than

fourteen (14) calendar days

; or

(iii) 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

(3) Acute onset of sore throat with fever

shall be:

(a) Excluded by the person in charge

; and

(b) Reinstated 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

(i) Has received antibiotic therapy for Streptococcus pyogenes infection for more

than twenty-four (24) hours

;

(ii) Has at least one (1) negative throat specimen culture for Streptococcus

pyogenes infection

; or

(iii) Is otherwise determined by a health practitioner to be free of a Streptococcus

pyogenes infection

(B) A food employee diagnosed with:

(1) An infection from hepatitis A virus within fourteen (14) calendar days from the onset

of any illness symptoms, or within seven (7) calendar days of the onset of jaundice or

an infection from hepatitis A virus without developing symptoms

shall be:

(a) Excluded by the person in charge

; and

(b) Reinstated if the person in charge obtains approval from the regulatory authority

and the food employee meets one of the following conditions

(i) Has been jaundiced for more than seven (7) calendar days

;

(ii) Has been symptomatic with symptoms other than jaundice for more than

fourteen (14) calendar days

; or

(iii) 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

(2) An infection from Norovirus

shall be:

(a) Excluded by the person in charge

; and

(b) Reinstated if the person in charge obtains approval from the regulatory authority

and the food employee meets one of the following conditions

(i) Provides to the person in charge written medical documentation from a health

practitioner stating that the food employee is free of a Norovirus infection

;

(ii) Has been asymptomatic for more than forty-eight (48) hours

; or

(iii) Did not develop symptoms and more than forty-eight (48) hours have passed

since the food employee was diagnosed

(3) An infection from Shigella spp.

shall be:

(a) Excluded by the person in charge

; and

(b) Reinstated if the person in charge obtains approval from the regulatory authority

and the food employee meets one of the following conditions

(i) 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 two (2) consecutive negative stool specimen

cultures that are taken no earlier than forty-eight (48) hours after

discontinuance of antibiotics and at least twenty-four (24) hours apart

;

(ii) Has been asymptomatic for more than seven (7) calendar days

; or

(iii) Did not develop symptoms and more than seven (7) calendar days have passed

since the food employee was diagnosed

(4) An infection from ENTEROHEMORRHAGIC or shiga toxin-producing E. coli

shall be:

(a) Excluded by the person in charge

; and

(b) Reinstated if the person in charge obtains approval from the regulatory authority

and the food employee meets one of the following conditions

(i) Provides to the person in charge written medical documentation from a health

practitioner stating that the food employee is free of an infection from

ENTEROHEMORRHAGIC or shiga toxin-producing ESCHERICHIA COLI

based on test results that show two (2) consecutive negative stool specimen

cultures that are taken no earlier than forty-eight (48) hours after

discontinuance of antibiotics and at least twenty-four (24) hours apart

;

(ii) Has been asymptomatic for more than seven (7) calendar days

; or

(iii) Did not develop symptoms and more than seven (7) days have passed since

the food employee was diagnosed

(5) An infection from Salmonella typhi, or reports a previous infection with Salmonella

typhi within the past three (3) months, without having received antibiotic therapy as

determined by a health practitioner

shall be:

(a) Excluded by the person in charge

; and

(b) Reinstated if the person in charge obtains approval from the regulatory authority

and the food employee provides to the person in charge written medical

documentation from a health practitioner that states the food employee is free

from S. typhi infection

2-201.13 Restrictions and Reinstatement.

(A) A food employee exposed to, or is the suspected source of, a confirmed foodborne

disease outbreak, because they consumed or prepared food implicated in the outbreak;

consumed food at an event or food establishment prepared by a person infected or ill with

an illness listed in this section; attended or worked in a setting where there is a confirmed

foodborne disease outbreak, is living in the same household as, and has knowledge about,

an individual who works or attends a setting where there is a confirmed foodborne

disease outbreak, or living in the same household as, and has knowledge about, an

individual diagnosed with an illness caused by

(1) Norovirus

shall be:

(a) Restricted by the person in charge

; and

(b) Reinstated by the person in charge if one of the following condition is met:

(i) More than forty-eight (48) hours have passed since the last day the food

employee was potentially exposed

; or

(ii) More than forty-eight (48) hours have passed since the food employee’s

household contact became asymptomatic

(2) Shigella spp.

shall be:

(a) Restricted by the person in charge

; and

(b) Reinstated by the person in charge if one of the following condition is met:

(i) More than three (3) calendar days have passed since the last day the food

employee was potentially exposed

; or

(ii) More than three (3) calendar days have passed since the food employee’s

household contact became asymptomatic

(3) ENTEROHEMORRHAGIC or shiga toxin-producing ESCHERICHIA COLI

shall

be:

(a) Restricted by the person in charge

; and

(b) Reinstated by the person in charge if one of the following condition is met

(i) More than three (3) calendar days have passed since the last day the food

employee was potentially exposed

; or

(ii) More than three (3) calendar days have passed since the food employee’s

household contact became asymptomatic

(4) S. typhi

shall be:

(a) Restricted by the person in charge

; and

(b) Reinstated by the person in charge if one of the following condition is met

(i) More than fourteen (14) calendar days have passed since the last day the food

employee was potentially exposed

; or

(ii) More than fourteen (14) calendar days have passed since the food employee’s

household contact became asymptomatic

(B) A food employee exposed to, or is the suspected source of, a confirmed hepatitis A

outbreak, because they consumed or prepared food implicated in the outbreak; consumed

food at an event or food establishment prepared by a person diagnosed with hepatitis A

virus; attended or worked in a setting where there is a confirmed hepatitis A outbreak;

works with, and has knowledge about, an individual diagnosed with hepatitis A virus; or

is living in the same household as, and has knowledge about, an individual diagnosed

with an illness caused by

(1) Hepatitis A virus

shall be:

(a) Restricted by the person in charge

; and

(b) Reinstated by the person in charge if one of the following condition is met

(i) The food employee is immune to hepatitis A virus infection because of a prior

illness from hepatitis A

;

(ii) The food employee is immune to hepatitis A virus infection because of

vaccination against hepatitis A

;

(iii) The food employee is immune to hepatitis A virus infection because of IG

administration

;

(iv) More than thirty (30) calendar days have passed since the last day the food

employee was potentially exposed

; or

(v) More than thirty (30) calendar days have passed since the food employee’s

household contact became jaundiced

individual who was exposed as specified in Subsection (B) of this section to

(1) Hepatitis A virus

shall be:

(a) Restricted by the person in charge

; and

(b) Reinstated by the person in charge if one of the following condition is met

(i) The food employee complies with one of the conditions as specified in Part

(B)(1)(b) (i) – (v) of this section

; or

(ii) The food employee receives additional training about hepatitis A symptoms

and preventing the transmission of infection, proper handwashing procedures,

and protecting ready-to-eat food from contamination introduced by bare hand

contact

(D) A food employee infected with:

(1) A skin lesion containing pus such as a boil or infected wound that is open or draining

and not properly covered

shall be:

(a) Restricted by the person in charge

; and

(b) Reinstated by the person in charge if the skin, infected wound, cut, or pustular

boil is properly covered with one of the following

(i) 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

;

(ii) An impermeable cover on the arm, if the infected wound or pustular boil is on

the arm

; or

(iii)A dry, durable, tight-fitting bandage, if the infected wound or pustular boil is

on another part of the body

2-301.11 Clean Condition. Food employees shall keep their hands and exposed portions of

their arms clean

2-301.12 Cleaning Procedure.

(A) Except as specified in ¶ (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 twenty (20) seconds, using a cleaning compound in a handwashing sink that is

equipped as specified under § 5-202.12 and Subpart 6-301

(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;

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

manufacturer;

(3) Rub together vigorously for at least ten (10) to fifteen (15) seconds

while:

(a) Paying particular attention to removing soil from underneath the fingernails

during the cleaning procedure,

and

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

devices for hands and arms, fingertips, and areas between the fingers;

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

and

(5) Immediately follow the cleaning procedure with thorough drying using a method as

specified under § 6-301.12.

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.

2-301.14 When to Wash. Food employees shall clean their hands and exposed portions of their

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

working with exposed food, clean equipment and utensils, and unwrapped single-service and

single-use articles

; and:

(A) After touching bare human body parts other than clean hands and clean, exposed portions

of arms;

(B) After using the toilet room;

403.11(B);

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

disposable tissue, using tobacco, eating, or drinking;

(E) After handling soiled equipment or utensils;

(F) During food preparation, as often as necessary to remove soil and contamination and to

prevent cross contamination when changing tasks;

(G) When switching between working with raw food and working with ready-to-eat food;

(H) Before donning gloves for working with food;

and

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

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.

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 Food and Drug Administration (FDA)

publication Approved Drug Products with Therapeutic Equivalence Evaluations

as an approved drug based on safety and effectiveness; or

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

OTC Health-Care Antiseptic Drug Products as an antiseptic handwash; and

(2) Comply with one of the following:

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

federal food additive regulations as specified in 21 CFR 170.39 – Threshold of

regulation for substances used in food contact articles; or

(b) Comply with and be listed as:

(i) 21 CFR 178 – Indirect Food Additives: Adjuvants, Production Aids, and

Sanitizers as regulated for use as a food additive with conditions of safe use,

(ii) 21 CFR 182 – Substances Generally Recognized as Safe, 21 CFR 184 –

Direct Food Substances Affirmed as Generally Recognized as Safe, or 21

CFR 186 - Indirect Food Substances Affirmed as Generally Recognized as

Safe for use in contact with food; and

(3) Be applied only to hands that are cleaned as specified under § 2-301.12.

(B) If a hand 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; or

(2) Limited to situations that involve no direct contact with food by the bare hands.

equivalent to at least hundred milligrams per liter (100 mg/L) chlorine.

2-302.11 Maintenance.

(A) Food employees shall keep their fingernails trimmed, filed, and maintained so the edges

and surfaces are cleanable and not rough.

(B) Unless wearing intact gloves in good repair, a food employee may not wear fingernail

polish or artificial nails when working with exposed food.

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.

2-304.11 Clean Condition. Food employees shall wear clean outer clothing to prevent

contamination of food, equipment, utensils, linens, and single-service and single-use articles. 2-

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 cannot 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.

2-402.11 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.

2-403.11 Handling Prohibition.

(A) Except as specified in ¶ (B) of this section, food employees may not care for or handle

animals that may be present such as patrol dogs, service animals, or pets that are allowed

as specified in Subparagraphs 6-501.115(B)(2)-(5).

(B) Food employees with service animals may handle or care for their service animals and

food employees may handle or care for fish in aquariums or molluscan shellfish or

crustacean in display tanks if they wash their hands as specified under § 2-301.12 and ¶

2-301.14(C).

Chapter 3: Food

3-101.11 Safe, Unadulterated, and Honestly Presented. Food shall be safe, unadulterated,

and, as specified under § 3-601.12, honestly presented.

3-201.11 Compliance with Food Law.

(A) Food shall be obtained from inspected and approved sources that comply with law.

(B) Food prepared in a private home may not be used or offered for human consumption in a

food establishment.

9 CFR 317 Labeling, Marking Devices, and Containers; and 9 CFR 381 Subpart N

Labeling and Containers, and as specified under §§ 3-202.17 and 3-202.18.

(D) Fish, other than those specified in paragraph 3-402.11(B), that are intended for

consumption in raw or undercooked form and allowed as specified in Subparagraph 3-

401.11(D), may be offered for sale or service if they are obtained from a supplier that

freezes the fish as specified under § 3-402.11; or if they are frozen on the premises as

specified under § 3-402.11 and records are retained as specified under § 3-402.12.

(E) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked

form without a consumer advisory as specified in ¶ 3-401.11(C) shall be:

(1) Obtained from a food processing plant that packages the steaks and labels them to

indicate that the steaks meet the definition of whole-muscle, intact beef;

(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,

and

(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,

(b) Prepared so they remain intact,

and

Subparagraph (E)(1) of this section or identified as specified in (E)(2) of this

section.

(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(I) 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.

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.

3-201.14 Fish.

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

(1) Commercially and legally caught or harvested;

(2) Approved for sale or service.

(B) Molluscan shellfish that are recreationally caught may not be received for sale or service.

3-201.15 Molluscan Shellfish.

(A) Molluscan shellfish shall be obtained from sources according to law and the requirements

specified in the U.S. Department of Health and Human Services, Public Health Service,

Food and Drug Administration, National Shellfish Sanitation Program Guide for the

Control of Molluscan Shellfish.

(B) Molluscan shellfish received in interstate commerce shall be from sources that are listed

in the Interstate Certified Shellfish Shippers List.

3-201.16 Wild Mushrooms.

(A) Except as specified in ¶ (B) of this section, mushroom species picked in the wild shall be

obtained from sources where each mushroom is individually inspected and found to be

safe by an approved wild mushroom identification expert.

(B) This section does not apply to:

(1) Cultivated wild mushroom species that are grown, harvested, and processed in an

operation that is regulated by the food regulatory agency that has jurisdiction over

the operation; or

(2) Wild mushroom species if they are in packaged form and are the product of a food

processing plant that is regulated by the food regulatory agency that has jurisdiction

over the plant.

3-201.17 Game Animals.

(A) If game animals are received for sale or service they shall be commercially raised for

food

and:

(1) Raised, slaughtered, and processed under a voluntary inspection program that is

conducted by the agency that has animal health jurisdiction,

(2) Under a voluntary inspection program administered by the U.S. Department of

Agriculture (USDA) and/or Missouri Department of Agriculture (MDA) for

(a) Game animals, such as exotic animals (reindeer, elk, deer, antelope or water

buffalo), that are "inspected and approved" in accordance with USDA and/or

MDA law.

(b) Rabbits that are "inspected and certified" in accordance with USDA and/or MDA

law.

(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.

fraternal or other not-for-profit organization may prepare or serve wild game provided

there is no charge for the wild game served according to Section 252.244, RSMo.

3-202.11 Temperature.

(A) Except as specified in ¶ (B) of this section, refrigerated, potentially hazardous food shall

be at a temperature of forty-one degrees Fahrenheit (41°F) or below when received.

(B) If a temperature other than forty-one degrees Fahrenheit (41°F) for a potentially

hazardous 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.

temperature of forty-five degrees Fahrenheit (45°F) or less.

(D) Potentially hazardous 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 one hundred thirty-

five degrees Fahrenheit (135°F) or above.

(E) A food that is labeled frozen and shipped frozen by a food processing plant shall be

received frozen.

(F) Upon receipt, potentially hazardous food shall be free of evidence of previous

temperature abuse.

3-202.12 Additives. Food may not contain unapproved food additives or additives that exceed

amounts specified in 21 CFR 170-180 relating to food additives, generally recognized as safe or

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

exceed amounts specified in 9 CFR 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.

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.

3-202.14 Eggs and Milk Products, Pasteurized.

(A) Egg products shall be obtained pasteurized.

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

(1) Be obtained pasteurized;

and

(2) Comply with Grade A Standards as specified in law.

CFR 135 – Frozen desserts.

(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.

3-202.15 Package Integrity. Food packages shall be in good condition and protect the integrity

of the contents so that the food is not exposed to adulteration or potential contaminants.

3-202.16 Ice. Ice for use as a food or a cooling medium shall be made from drinking water.

3-202.17 Shucked Shellfish, Packaging and Identification.

(A) Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible

label that identifies the:

(1) Name, address, and certification number of the shucker, packer, or repacker of the

molluscan shellfish; and

(2) The “sell by” or “best if used by” date for packages with a capacity of less than one

and eighty-nine hundredths liter (1.89 L) (one-half (0.5) gallon) or the date shucked

for packages with a capacity of one and eighty-nine hundredths liter (1.89 L) (one-

half (0.5) gallon) or more.

(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:

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

following information in the following order:

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

authority,

(b) The date of harvesting,

practicable based on the system of harvest area designations that is in use by the

shellfish control authority and including the abbreviation of the name of the state

or country in which the shellfish are harvested,

(d) The type and quantity of shellfish,

and

(e) The following statement in bold, capitalized type: "This tag is required to be

attached until container is empty or retagged and thereafter kept on file for ninety

(90) days;"

and

(2) Except as specified in ¶ (D) of this section, on each dealer's tag or label, the following

information in the following order:

(a) The dealer’s name and address, and the certification number assigned by the

shellfish control authority,

(b) The original shipper's certification number including the abbreviation of the name

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

(1)(b)-(d) of this section,

and

(d) The following statement in bold, capitalized type: "This tag is required to be

attached until container is empty and thereafter kept on file for ninety (90) days."

(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).

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.

3-202.110 Juice Treated. Pre-packaged juice shall:

(A) Be obtained from a processor with a Hazard Analysis and Critical Control Point

(HACCP) system as specified in 21 CFR Part 120 Hazard Analysis and Critical Control

(HACCP) Systems; and

(B) Be obtained pasteurized or otherwise treated to attain a five (5) log reduction of the most

resistant microorganism of public health significance as specified in 21 CFR Part 120.24

Process Controls;

pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in

children, the elderly, and persons with weakened immune systems.”

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.

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;

(3) The labeling information and dates specified under Subparagraph (D)(2) of this

section are maintained for ninety (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.

(B) The date when the last shellstock from the container is sold or served shall be recorded on

the tag or label.

retaining shellstock tags or labels for ninety (90) calendar days from the date that is

recorded on the tag or label, as specified under ¶ B of this section, by:

(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;

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,

and

(b) Ensuring that shellstock from one (1) 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.

3-301.11 Preventing Contamination from Hands.

(A) Food employees shall wash their hands as specified under § 2-301.12.

(B) Except when washing fruits and vegetables as specified under § 3-302.15, food

employees may not contact exposed, ready-to-eat food with their bare hands and shall use

suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing

equipment.

in a ready-to-eat form.

3-301.12 Preventing Contamination When Tasting. A food employee may not use a utensil

more than once to taste food that is to be sold or served.

3-302.11 Packaged and Unpackaged Food - Separation, Packaging, and Segregation.

(A) Food shall be protected from cross contamination by:

(1) Separating raw animal foods during storage, preparation, holding, and display from:

(a) Raw ready-to-eat food including other raw animal food such as fish for sushi or

molluscan shellfish, or other raw ready-to-eat food such as fruits and vegetables,

and

(b) Cooked ready-to-eat food;

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

each other such as beef, fish, lamb, pork, and poultry during storage, preparation,

holding, and display by:

(a) Using separate equipment for each type,

(b) Arranging each type of food in equipment so that cross contamination of one type

with another is prevented,

and

(3) Cleaning equipment and utensils as specified under ¶ 4-602.11 (A) and sanitizing as

specified under § 4-703.11;

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

storing the food in packages, covered containers, or wrappings;

(5) Cleaning hermetically sealed containers of food of visible soil before opening;

(6) Protecting food containers that are received packaged together in a case or overwrap

from cuts when the case or overwrap is opened;

(7) Storing damaged, spoiled, or recalled food being held in the food establishment as

specified under § 6-404.11; and

(8) Separating fruits and vegetables, before they are washed as specified under § 3-

302.15 from ready-to-eat food.

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

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

hulling before consumption;

(2) Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean,

sanitized hooks or placed on clean, sanitized racks;

(3) Whole, uncut, processed meats such as country hams, and smoked or cured sausages

that are placed on clean, sanitized racks;

(4) Food being cooled as specified under Subparagraph 3-401.15(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:

(A) Cooked as specified under Subparagraphs 3-401.11(A)(1) or (2);

(B) Included in ¶ 3-401.11(D).

3-302.14 Protection from Unapproved Additives.

(A) Food shall be protected from contamination that may result from the addition of, as

specified in § 3-202.12:

(1) Unsafe or unapproved food or color additives;

and

(2) Unsafe or unapproved levels of approved food and color additives.

(B) A food employee may not:

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

to a food considered to be a good source of vitamin B1;

(2) Except that 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.

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. 3-

303.11 Ice Used as Exterior Coolant, Prohibited as Ingredient. After use as a medium for

cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned

beverages, or cooling coils and tubes of equipment, ice may not be used as food.

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

(A) Packaged food may not be stored in direct contact with ice or water if the food is subject

to the entry of water because of the nature of its packaging, wrapping, or container or its

positioning in the ice or water.

(B) Except as specified in ¶¶ (C) and (D) of this section, unpackaged food may not be stored

in direct contact with undrained ice.

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.

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;

(B) Single-service and single-use articles.

3-304.12 In-Use Utensils, Between-Use Storage. During pauses in food preparation or

dispensing, food preparation and dispensing utensils shall be stored:

(A) Except as specified under ¶ (B) of this section, in the food with their handles above the

top of the food and the container;

(B) In food that is not potentially hazardous with their handles above the top of the food

within containers or equipment that can be closed, such as bins of sugar, flour, or

cinnamon;

utensil and the food-contact surface of the food preparation table or cooking equipment

are cleaned and sanitized at a frequency specified under §§ 4-602.11 and 4-702.11;

(D) In running water of sufficient velocity to flush particulates to the drain, if used with moist

food such as ice cream or mashed potatoes;

(E) In a clean, protected location if the utensils, such as ice scoops, are used only with a food

that is not potentially hazardous; or

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

thirty-five degrees Fahrenheit (135°F) and the container is cleaned at a frequency

specified under Subparagraph 4-602.11(D)(7).

3-304.13 Linens and Napkins, Use Limitation. Linens and napkins may not be used in contact

with food unless they are used to line a container for the service of foods and the linens and

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

3-304.14 Wiping Cloths, Use Limitation.

(A) Cloths in-use for wiping food spills from tableware and carry-out containers that occur as

food is being served shall be:

(1) Maintained dry; and

(2) Used for no other purpose.

(B) Cloths in-use for wiping counters and other equipment surfaces shall be:

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

§ 4-501.114; and

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

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 Environmental

Protection Agency (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.

(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.

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 or a primal cut of meat.

3-304.16 Using Clean Tableware for Second Portions and Refills.

(A) Except for refilling a consumer’s drinking cup or container without contact between the

pouring utensil and the lip-contact area 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.

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

3-304.17 Refilling Returnables.

(A) A take-home food container returned to a food establishment may not be refilled at a food

establishment with a potentially hazardous food.

(B) Except as specified in ¶ (C), a take-home food container refilled with food that is not

potentially hazardous shall be cleaned as specified under ¶ 4-603.17(B).

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).

3-305.11 Food Storage.

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

contamination by storing the food:

(1) In a clean, dry location;

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

(3) At least six inches (6”) above the floor.

(B) Food in packages and working containers may be stored less than six inches (6”) above

the floor on case lot handling equipment, such as dollies, pallets, racks and skids.

cans, and milk containers in plastic crates, may be stored on a floor that is clean and not

exposed to floor moisture.

3-305.12 Food Storage, Prohibited Areas. Food may not be stored:

(A) In locker rooms;

(B) In toilet rooms;

(D) In garbage rooms;

(E) In mechanical rooms;

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

(G) Under leaking water lines, including leaking automatic fire sprinkler heads, or under lines

on which water has condensed;

(H) Under open stairwells; or

(I) Under other sources of contamination.

3-305.13 Vended Potentially Hazardous Food, Original Container. Potentially hazardous

food dispensed through a vending machine shall be in the package in which it was placed at the

food establishment or food processing plant at which it was prepared.

3-305.14 Food Preparation. During preparation, unpackaged food shall be protected from

environmental sources of contamination.

3-306.11 Food Display. Except for nuts in the shell and whole, raw fruits and vegetables that

are intended for hulling, peeling, or washing by the consumer before consumption, food on

display shall be protected from contamination by the use of packaging; counter, service line, or

salad bar food guards; display cases; or other effective means.

3-306.12 Condiments, Protection.

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

designed to provide protection, protected food displays provided with the proper utensils,

original containers designed for dispensing, or individual packages or portions.

(B) Condiments at a vending machine location shall be in individual packages or provided in

dispensers that are filled at an approved location, such as the food establishment that

provides food to the vending machine location, a food processing plant that is regulated

by the agency that has jurisdiction over the operation, or a properly equipped facility that

is located on the site of the vending machine location.

3-306.13 Consumer Self-Service Operations.

(A) Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish may not be

offered for consumer self-service.

This paragraph does not apply to:

(1) Consumer self service of ready-to-eat foods at buffets or salad bars that serve foods

such as sushi or raw shellfish;

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

premises such as consumer-cooked meats or consumer-selected ingredients for

Mongolian barbecue; or

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

(B) 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.

food employees trained in safe operating procedures.

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.

(B) Except as specified under ¶ 3-801.11(G), a container of food that is not potentially

hazardous may be re-served from one (1) 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.

3-307.11 Miscellaneous Sources of Contamination. Food shall be protected from

contamination that may result from a factor or source not specified under Subparts 3-301 – 3-

306.

3-401.11 Raw Animal Foods.

(A) Except as specified under ¶ (B) and in ¶¶ (C) and (D) of this section, raw animal foods

such as eggs, 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) One hundred forty-five degrees Fahrenheit (145°F) or above for fifteen (15) seconds

for:

(a) Raw eggs that are broken and prepared in response to a consumer’s order and for

immediate service,

and

(b) Except as specified under Subparagraphs (A)(2) and (A)(3) and ¶(B), and in ¶ (C)

of this section, fish and meat including game animals commercially raised for

food as specified under Subparagraph 3-201.17(A)(1) and game animals under a

voluntary inspection program as specified under Subparagraph 3-201.17(A)(2);

(2) One hundred fifty-five degrees Fahrenheit (155°F) for fifteen (15) seconds or the

temperature specified in the following chart that corresponds to the holding time for

ratitites, 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 voluntary inspection

program as specified under Subparagraph 3-201.17(A)(2); and raw eggs that are not

prepared as specified under Subparagraph (A)(1)(a) of this section:

Minimum

Temperature ° F

Minimum Time

145

3 minutes

150

1 minute

158

<1 second (instantaneous)

; or

(3) One hundred sixty-five degrees Fahrenheit (165°F) or above for fifteen (15) seconds

for poultry, baluts, wild game animals as specified under Subparagraphs 3-

201.17(A)(3) and (4), stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed

ratites, or stuffing containing fish, meat, poultry, or ratites.

(B) Whole meat roasts including beef, corned beef, lamb, pork, and cured pork roasts such as

ham shall be cooked:

(1) In an oven that is preheated to the temperature specified for the roast’s weight in the

following chart and that is held at that temperature:

Oven Type

Oven Temperature Based on Roast Weight

Less than 4.5 kg (10 lbs)

4.5 kg (10 lbs) or More

Still Dry

350°F or more

250°F or more

Convection

325°F or more

250°F or more

High Humidity

250°F or less

Relative humidity greater than ninety percent (90%) for at least one (1) hour as measured in the

cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides one

hundred percent (100%) humidity.

; and

(2) As specified in the following chart, to heat all parts of the food to a temperature and

for the holding time that corresponds to that temperature:

Temperature °F

Time

Minutes

Temperature °F

Time1 in

Seconds

130

112

147

134

131

149

133

151

135

153

136

155

138

157

140

158

142

144

145

Holding time may include postoven heat rise.

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 one

hundred forty-five degrees Fahrenheit (145°F) or above and a cooked color change

is achieved on all external surfaces.

(D) A raw animal food such as raw egg, raw fish, raw-marinated fish, raw molluscan

shellfish, or steak tartare; or a partially cooked food such as lightly cooked fish, soft

cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in ¶

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;

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;

(4) The department approves a special process from ¶ (A) or (B) of this section as

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

(a) Is submitted by the operator 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

employees at the food establishment meet the approved conditions of the special

process.

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;

all parts of the food;

and

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

equilibrium.

3-401.13 Plant Food Cooking for Hot Holding. Fruits and vegetables that are cooked for hot

holding shall be cooked to a temperature of one hundred thirty-five degrees Fahrenheit (135°F).

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 (60) minutes in duration;

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

parameters specified for cooked potentially hazardous food under ¶ 3-501.14(A);

501.16(A)(2);

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

temperature of at least one hundred sixty-five degrees Fahrenheit (165 °F) for fifteen (15)

seconds;

(E) Cooled according to the time and temperature parameters specified for cooked potentially

hazardous 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;

and

(F) Prepared and stored according to written procedures that:

(1) Have obtained prior approval from the regulatory authority;

(2) Are maintained in the food establishment and are available to the regulatory authority

upon request;

(3) Describe how the requirements specified under ¶ (A)-(E) of this Section are to be

monitored and documented by the operator and the corrective actions to be taken if

the requirements are not met;

(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; 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(D).

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 negative four degrees Fahrenheit (-4°F) or

below for a minimum of one hundred sixty-eight 168 hours (seven (7) days) in a

freezer;

(2) Frozen at negative thirty-one degrees Fahrenheit ( 31°F) or below until solid and

stored at negative thirty-one degrees Fahrenheit ( 31°F) or below for a minimum of

fifteen (15) hours;

(3) Frozen at negative thirty-one degrees Fahrenheit ( 31°F) or below until solid and

stored at negative four degrees Fahrenheit ( 4°F) or below for a minimum of twenty-

four (24) hours.

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

(1) Molluscan shellfish;

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

atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye

tuna), or Thunnus thynnus (Bluefin tuna, Northern); or

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

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

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

to the aquacultured fish.

(4) Fish eggs that have been removed from the skein and rinsed.

3-402.12 Records, Creation and Retention.

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

partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat

form, the person in charge shall record the freezing temperature and time to which the

fish are subjected and shall retain the records of the food establishment for ninety (90)

days beyond the time of service or sale of the fish.

(B) If the fish are frozen by a supplier, a written agreement or statement from the supplier

stipulating that the fish supplied are frozen to a temperature and for a time specified

under § 3-402.11 may substitute for the records specified under ¶ (A) of this section.

sold in ready-to-eat form, and the fish are raised and fed as specified in Subparagraph 3-

402.11(B)(3), a written agreement or statement from the supplier or aquaculturist

stipulating that the fish were raised and fed as specified in Subparagraph 3-402.11(B)(3)

shall be obtained by the person in charge and retained in the records of the food

establishment for ninety (90) calendar days beyond the time of service or sale of the fish.

3-403.10 Preparation for Immediate Service. Cooked and refrigerated food that is prepared

for immediate service in response to an individual consumer order, such as a roast beef sandwich

au jus, may be served at any temperature.

3-403.11 Reheating for Hot Holding.

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

hazardous food that is cooked, cooled, and reheated for hot holding shall be reheated so

that all parts of the food reach a temperature of at least one hundred sixty-five degrees

Fahrenheit (165°F) for fifteen (15) seconds.

(B) Except as specified under ¶ (C) of this section, potentially hazardous food reheated in a

microwave oven for hold holding shall be reheated so that all parts of the food reach a

temperature of at least one hundred sixty-five degrees Fahrenheit (165°F) and the food is

rotated or stirred, covered, and allowed to stand covered for two (2) minutes after

reheating.

or from an intact package from a food processing plant that is inspected by the food

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

of at least one hundred thirty-five degrees Fahrenheit (135°F) for hot holding.

(D) Reheating for hot holding as specified under ¶¶ (A) – (C) of this section shall be done

rapidly and the time the food is between forty-one degrees Fahrenheit (41°F) and the

temperatures specified under ¶¶ (A) – (C) of this section may not exceed two (2) hours.

(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).

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 five (5) log reduction,

which is equal to a 99.999% reduction, of the most resistant microorganism of public

health significance;

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

microorganism of public health significance:

(1) As specified under § 3-602.11, 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.”

3-501.11 Frozen Food. Stored frozen foods shall be maintained frozen.

3-501.12 Potentially Hazardous Food, Slacking. Frozen potentially hazardous food that is

slacked to moderate the temperature shall be held:

(A) Under refrigeration that maintains the food temperature at forty-one degrees Fahrenheit

(41°F) or less; or

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

3-501.13 Thawing. Except as specified in ¶ (D) of this section, potentially hazardous food shall

be thawed:

(A) Under refrigeration that maintains the food temperature at forty-one degrees Fahrenheit

(41°F) or less; or

(B) Completely submerged under running water:

(1) At a water temperature of seventy degrees Fahrenheit (70°F) or below,

(2) With sufficient water velocity to agitate and float off loose particles in an overflow,

and

(3) For a period of time that does not allow thawed portions of ready-to-eat food to rise

above forty-one degrees Fahrenheit (41°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) and (B) to be above forty-one

degrees Fahrenheit (41°F), for more than four (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 forty-one

degrees Fahrenheit (41°F);

(1) Cooked as specified under ¶ 3-401.11(A) or (B) or § 3-401.12, or

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

equipment, with no interruption in the process; or

(D) Using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for

immediate service in response to an individual consumer’s order.

3-501.14 Cooling.

(A) Cooked potentially hazardous food shall be cooled:

(1) Within two (2) hours from one hundred thirty-five degrees Fahrenheit (135°F) to

seventy degrees Fahrenheit (70°F);

and

(2) Within a total of six (6) hours from one hundred thirty-five degrees Fahrenheit

(135°F) to forty-one degrees Fahrenheit (41°F) or less.

(B) Potentially hazardous food shall be cooled within four (4) hours to forty-one degrees

Fahrenheit (41°F) or less if prepared from ingredients at ambient temperature, such as

reconstituted foods and canned tuna.

compliance with laws allowing a temperature above forty-one degrees Fahrenheit (41°F)

during shipment from the supplier as specified in ¶ 3-202.11(B), shall be cooled within

four (4) hours to forty-one degrees Fahrenheit (41°F) or less.

(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 forty-five degrees

Fahrenheit (45ºF) or less.

3-501.15 Cooling Methods.

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

specified under § 3-501.14 by using one or more of the following methods based on the

type of food being cooled:

(1) Placing the food in shallow pans;

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

(3) Using rapid cooling equipment;

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

(5) Using containers that facilitate heat transfer;

(6) Adding ice as an ingredient; or

(7) Other effective methods.

(B) When placed in cooling or cold holding equipment, food containers in which food is

being cooled shall be:

(1) Arranged in the equipment to provide maximum heat transfer through the container

walls; and

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

under Subparagraph 3-305.11(A)(2), during the cooling period to facilitate heat

transfer from the surface of the food.

3-501.16 Potentially Hazardous Food, Hot and Cold Holding.

(A) Except during preparation, cooking, or cooling, or when time is used as the public health

control as specified under § 3-501.19, and except as specified under ¶ (B) and in ¶ (C) of

this section, potentially hazardous food, shall be maintained:

(1) At one hundred thirty-five degrees Fahrenheit (135°F) or above, except that roasts

cooked to a temperature and for a time specified under § 3-401.11(B) or reheated as

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

degrees Fahrenheit (130°F) or above,

(2) At forty-one degrees Fahrenheit (41°F) or less.

All cold holding temperature

references of forty-one degrees Fahrenheit (41°F) in this Code also include forty-five

degrees Fahrenheit (45 °F) if existing refrigeration equipment is not capable of

maintaining the food at forty-one degrees Fahrenheit (41°F) or less. As of December

31, 2013, all refrigerated, potentially hazardous food shall be maintained at a

temperature of forty-one degrees Fahrenheit (41°F) or less.

(B) Eggs that have not been treated to destroy all viable Salmonellae shall be stored in

refrigerated equipment that maintains an ambient air temperature of forty-five degrees

Fahrenheit (45°F) or less.

the temperature control requirements, as specified under ¶ (A) of this section, while

contained within specially designed equipment that complies with the design and

construction requirements as specified under ¶ 4-204.13(E).

3-501.17 Ready-to-Eat, Potentially Hazardous 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, potentially hazardous food, prepared and held in a food establishment for

more than twenty-four (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 forty-one degrees Fahrenheit (41°F) or less for a maximum of seven (7)

days or when held at a temperature of forty-five degrees Fahrenheit (45 °F) or less for a

maximum of four (4) days.

(B) Except as specified in ¶¶ (E) – (G) of this section, refrigerated, ready-to-eat, potentially

hazardous food, prepared and packaged by a food processing plant shall be clearly

marked, at the time the original container is opened in a food establishment and if the

food is held for more than twenty four (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:

(1) The day the original container is opened in the food establishment shall be counted as

Day 1;

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.

food prepared in a food establishment and subsequently frozen or a ready-to-eat,

potentially hazardous food prepared in a food processing plant and subsequently opened

and frozen in a food establishment, shall be clearly marked:

(1) As required based on the temperature and time combinations specified in ¶ (A) of this

section;

and

(2) When the food is placed into the freezer, to indicate the length of time before freezing

that the food is held refrigerated and which is, including the day of preparation;

and

(3) When the food is removed from the freezer and is to be consumed within twenty-four

(24) hours, mark the food with the next day as the date with which the foods shall be

consumed, sold or discarded;

(4) When the food is removed from the freezer, to indicate the date by which the food

shall be consumed on the premises, sold or discarded which is:

(a) Seven (7) days or less after the food is removed from the freezer, minus the time

before freezing, that the food is held refrigerated, if the food is maintained at

forty-one degrees Fahrenheit (41°F) or less before and after freezing,

(b) Four (4) days or less after the food is removed from the freezer, minus the time

before freezing, that the food is held refrigerated, if the food is maintained at

forty-five degrees Fahrenheit (45°F) or less.

(D) A refrigerated, ready-to-eat, potentially hazardous food ingredient or a portion of a

refrigerated, ready-to-eat, potentially hazardous food that is subsequently combined with

additional ingredients or portions of food shall retain the date marking of the earliest-

prepared or first-prepared ingredient.

(E) A date marking system that meets the criteria stated in ¶¶ (A) - (C) of this section may

include:

(1) Using a method approved by the regulatory authority for refrigerated, ready-to-eat

potentially hazardous 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.

(F) Paragraphs (A) - (C) of this section do not apply to individual meal portions served or

repackaged for sale from a bulk container upon a consumer’s request.

(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 thirty-nine percent (39%) moisture as defined

in 21 CFR 133 Cheeses and related cheese products, such as cheddar, gruyere,

parmesan and reggiano, and romano;

(3) Semi-soft cheeses containing more than 39% moisture, but not more than fifty percent

(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 salami that are

not labeled “Keep Refrigerated” as specified in 9 CFR 317 Labeling, marking

devices, and containers, and which retain the original casing on the product;

(7) Shelf stable salt-cured products such as prosciutto and Parma (ham) that are not

labeled “Keep Refrigerated” as specified in 9 CFR 317 Labeling, marking devices,

and containers; and

(8) Unsliced portions of ready-to-eat fermented sausages and salt-cured products such as

cooked bologna and cooked salami with the original casing maintained on the

remaining portion.

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

(A) A food specified in ¶¶ 3-501.17(A) - (C) 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;

(2) Is in a container or package that does not bear a date or day;

(3) Is inappropriately marked with a date or day that exceeds a temperature and time

combination as specified in ¶ 3-501.17(A).

(B) Refrigerated, ready-to-eat, potentially hazardous 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).

3-501.19 Time as a Public Health Control.

(A) Except as specified under ¶ (D) of this section, if time without temperature control is used

as the public health control for a working supply of potentially hazardous food before

cooking, or for ready-to-eat potentially hazardous 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:

(a) Methods of compliance with Subparagraphs (B)(1) – (3) or (C)(1) – (5) of this

section; and

(b) Methods of compliance with § 3-501.14 for food that is prepared, cooked, and

refrigerated before time is used as a public health control.

(B) If time without temperature control is used as the public health control up to a maximum

of four (4) hours:

(1) The food shall have an initial temperature of forty-one degrees Fahrenheit (41°F) or

less when removed from cold holding temperature control, or one hundred thirty-five

degrees Fahrenheit (135°F) or greater when removed from hot holding temperature

control;

(2) The food shall be marked or otherwise identified to indicate the time that is four (4)

hours past the point in time when the food is removed from temperature control;

(3) The food shall be cooked and served, served at any temperature if ready-to-eat, or

discarded within four (4) hours from the point in time when the food is removed from

temperature control;

and

(4) The food in unmarked containers or packages, or marked to exceed a four (4) hour

limit shall be discarded.

of six (6) hours:

(1) The food shall have an initial temperature of forty-one degrees Fahrenheit (41°F) or

less when removed from temperature control and the food temperature may not

exceed seventy degrees Fahrenheit (70°F) within a maximum time period of six (6)

hours;

(2) The food shall be monitored to ensure the warmest portion of the food does not

exceed seventy degrees Fahrenheit (70°F) during the six (6) hour period, unless an

ambient air temperature is maintained that ensures the food does not exceed seventy

degrees Fahrenheit (70°F) during the six (6) hour holding period;

(3) The food shall be marked or otherwise identified to indicate:

(a) The time when the food is removed from forty-one degrees Fahrenheit (41°F) or

less cold holding temperature control,

and

(b) The time that is six (6) hours past the point in time when the food is removed

from cold holding temperature control;

(4) The food shall be:

(a) Discarded if the temperature of the food exceeds seventy degrees Fahrenheit

(70°F),

(b) Cooked and served, served at any temperature if ready-to-eat, or discarded within

a maximum of six (6) hours from the point in time when the food is removed from

forty-one degrees Fahrenheit (41°F) or less cold holding temperature control;

and

(5) The food in unmarked containers or packages, or marked with a time that exceeds the

six (6) hour limit shall be discarded.

(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.

3-502.11 Special Processes. A food establishment shall obtain approval for a special process

from the department as specified in § 8-103.10 and under § 8-103.11 before:

(A) Smoking food as a method of food preservation rather than as a method of flavor

enhancement;

(B) Curing food;

(1) As a method of food preservation rather than as a method of flavor enhancement,

(2) To render a food so that it is not potentially hazardous;

(D) Packaging food using a reduced oxygen packaging method except where the growth of

and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes

are controlled as specified under § 3-502.12;

(E) Operating a molluscan shellfish life-support system display tank used to store and display

shellfish that are offered for human consumption;

(F) Custom processing animals;

(G) Sprouting seeds or beans;

(H) Preparing food by another method that is determined by the department to require

approval.

3-502.12 Reduced Oxygen Packaging Without a Special Process, Criteria.

(A) Except for a food establishment that obtains approval as specified under § 3-502.11, a

food establishment that packages potentially hazardous food using a reduced oxygen

packaging method shall control the growth and toxin formation of Clostridium botulinum

and the growth of Listeria monocytogenes.

(B) A food establishment that packages potentially hazardous food using a reduced oxygen

packaging method shall have a HACCP plan that contains the information specified

under § 8-201.14 and that:

(1) Identifies the food to be packaged;

(2) Except as specified under ¶¶ (C) - (E) of this section, requires that the packaged food

shall be maintained at forty-one degrees Fahrenheit (41°F) or less and meet at least

one (1) of the following criteria:

(a) Has an aw of ninety-one hundredths (0.91) or less,

(b) Has a pH of four and six tenths (4.6) or less,

USDA using substances specified in 9 CFR 424.21, Use of food ingredients and

sources of radiation, and is received in an intact package, or

(d) Is a food with a high level of competing organisms such as raw meat, raw poultry,

or raw vegetables;

(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:

(a) Maintain the food at forty-one degrees Fahrenheit (41°F) or below, and

(b) Discard the food if within fourteen (14) calendar days of its packaging it is not

served for on-premises consumption, or consumed if served or sold for off-

premises consumption;

(4) Limits the refrigerated shelf life to no more than fourteen (14) 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;

(5) Includes operational procedures that:

(a) Prohibit contacting ready-to-eat food with bare hands as specified under ¶ 3-

301.11(B),

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

(i) Physical barriers or methods of separation of raw foods and ready-to-eat foods

minimize cross contamination, and

(ii) Access to the processing equipment is limited to responsible trained personnel

familiar with the potential hazards of the operation, and

(6) Describes the training program that ensures that the individual responsible for the

reduced oxygen packaging operation understands the:

(a) Concepts required for a safe operation,

(b) Equipment and facilities, and

may not package fish using a reduced oxygen packaging method.

(D) Except as specified under ¶ (C) of this section, a food establishment that packages food

using a cook-chill or sous vide process shall:

(1) Implement a HACCP plan that contains the information as specified under § 8-

201.14;

(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,

(b) Cooked to heat all parts of the food to a temperature and for a time as specified

under § 3-401.11,

3 and 3-4,

(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 one hundred thirty-five degrees Fahrenheit (135°F),

(e) Cooled to forty-one degrees Fahrenheit (41°F) in the sealed package or bag as

specified under § 3-501.14 and subsequently:

(i) Cooled to thirty-four degrees Fahrenheit (34°F) within forty-eight (48) hours

of reaching forty-one degrees Fahrenheit (41°F) and held at that temperature

until consumed or discarded within thirty (30) days after the date of

packaging;

(ii) Cooled to thirty-four degrees Fahrenheit (34°F) within forty-eight (48) hours

of reaching forty-one degrees Fahrenheit (41°F), removed from refrigeration

equipment that maintains a thirty-four degrees Fahrenheit (34°F) food

temperature and then held at forty-one degrees Fahrenheit (41°F) or less for

no more than seventy-two (72) hours, at which time the food must be

consumed or discarded;

(iii) Cooled to thirty-eight degrees Fahrenheit (38°F) or less within twenty-four

(24) hours of reaching forty-one degrees Fahrenheit (41°F) and held there for

no more than seventy-two (72) hours from packaging, at which time the food

must be consumed or discarded;

(iv) Held frozen with no shelf life restriction while frozen until consumed or

used.

(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,

(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, and

(h) Labeled with the product name and the date packaged; and

(3) Maintain the records required to confirm that cooling and cold holding refrigeration

time/temperature parameters are required as part of the HACCP plan and:

(a) Make such records available to the regulatory authority upon request, and

(b) Hold such records for at least six (6) months; and

(4) Implement written operational procedures as specified under Subparagraph (B)(5) of

this section and a training program as specified under Subparagraph (B)(6) of this

section.

(E) A food establishment that packages cheese using a reduced oxygen packaging method

shall:

(1) Limit the cheeses packaged to those that are commercially manufactured in a food

processing plant with no ingredients added in the food establishment and that meet

the Standards of Identity as specified in 21 CFR 133.150 Hard cheeses, 21 CFR

133.169 Pasteurized process cheese or 21 CFR 133.187 Semisoft cheeses;

(2) Have a HACCP plan that contains the information specified under § 8-201.14 and as

specified under ¶¶(B)(1), (B)(3)(a), (B)(5) and (B)(6) of this section;

(3) Labels the package on the principal display panel with a “use by” date that does not

exceed thirty (30) days from its packaging or the original manufacturer’s “sell by” or

“use by” date, whichever occurs first; and

(4) Discards the reduced oxygen packaged cheese if it is not sold for off-premises

consumption or consumed within thirty (30) calendar days of its packaging.

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.

3-602.11 Food Labels.

(A) Food packaged in a food establishment, shall be labeled as specified in law, including 21

CFR 101 – Food labeling, and 9 CFR 317 Labeling, marking devices, and containers.

(B) Label information shall include:

(1) The common name of the food, or absent a common name, an adequately descriptive

identity statement;

(2) If made from two (2) or more ingredients, a list of ingredients in descending order of

predominance by weight, including a declaration of artificial color or flavor and

chemical preservatives, if contained in the food;

(3) An accurate declaration of the quantity of contents;

(4) The name and place of business of the manufacturer, packer, or distributor; and

(5) The name of the food source for each major food allergen contained in the food

unless the food source is already part of the common or usual name of the respective

ingredient.

(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 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.

with the following information in plain view of the consumer:

(1) The manufacturer's or processor's label that was provided with the food; or

(2) A card, sign, or other method of notification that includes the information specified

under Subparagraphs (B)(1), (2), and (5) of this section.

(D) Bulk, unpackaged foods such as bakery products and unpackaged foods that are

portioned to consumer specification need not be labeled if:

(1) A health, nutrient content, or other claim is not made; and

(2) The food is manufactured or prepared on the premises of the food establishment or at

another food establishment or a food processing plant that is owned by the same

person and is regulated by the food regulatory agency that has jurisdiction.

3-602.12 Other Forms of Information.

(A) If required by law, consumer warnings shall be provided.

(B) Food establishment or manufacturers' dating information on foods may not be concealed

or altered.

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, 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

operator 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.

(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);” 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.

footnote that states:

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

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

increase your risk of foodborne illness; or

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

increase your risk of foodborne illness, especially if you have certain medical

conditions.

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.

(B) Food that is not from an approved source as specified under §§ 3-201.11 - .17 shall be

discarded.

restricted or excluded as specified under § 2-201.12 and § 2-201.13 shall be discarded.

(D) Food that is contaminated by food employees, consumers, or other persons through

contact with their hands, bodily discharges, such as nasal or oral discharges, or other

means shall be discarded.

3-801.11 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 nine (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, Juice 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;

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 and as specified in 21 CFR Part 120 – Hazard Analysis and Critical

Control Point Systems, Subpart B Pathogen Reduction, 120.24 Process controls.

(B) Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of:

(1) Foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue,

eggnog, ice cream, and egg-fortified beverages,

and

(2) Except as specified in ¶ (F) of this section, recipes in which more than one (1) egg is

broken and the eggs are combined;

(1) Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish, and

steak tartare,

(2) A partially cooked animal food such as lightly cooked fish, rare meat, soft-cooked

eggs that are made from raw eggs, and meringue;

and

(3) Raw seed sprouts.

(D) Under no circumstances shall bare hand contact with ready-to-eat food be allowed.

(E) Time only, as the public health control as specified under ¶ 3-501.19(D) may not be used

for raw eggs.

(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,

(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 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.

(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).

(H) Food may not be re-served under the following conditions:

(1) Any food served to patients or clients who are under contact precautions in medical

isolation or quarantine, or protective environment isolation may not be re-served to

others outside.

(2) Packages of food from any patients, clients, or other consumers should not be re-

served to persons in protective environment isolation.

Chapter 4: Equipment, Utensils, and Linens

4-101.11 Characteristics. Materials that are used in the construction of utensils and food-contact

surfaces of equipment may not allow the migration of deleterious substances or impart colors,

odors, or tastes to food and under normal use conditions shall be:

(A) Safe;

(B) Durable, corrosion-resistant, and nonabsorbent;

(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.

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:

Utensil Category

Ceramic Article Description

Maximum Lead mg/L

Beverage Mugs, Cups,

Pitchers

Coffee Mugs

0.5

Large Hollowware

(excluding pitchers)

Bowls > to 1.1 Liter

(1.16 Quart)

Small Hollowware

(excluding cups and mugs)

Bowls < 1.1 Liter

(1.16 Quart)

2.0

Flat Tableware

Plates, Saucers

3.0

(B) Pewter alloys containing lead in excess of five hundredths of one percent (0.05%) may

not be used as a food-contact surface.

used as a food-contact surface.

4-101.14 Copper, Use Limitation.

(A) Except as specified in ¶ (B) of this section, copper and copper alloys such as brass may

not be used in contact with a food that has a pH below six (6) such as vinegar, fruit juice,

or wine or for a fitting or tubing installed between a backflow prevention device and a

carbonator.

(B) Copper and copper alloys may be used in contact with beer brewing ingredients that

have a pH below six (6) in the prefermentation and fermentation steps of a beer brewing

operation such as a brewpub or microbrewery.

4-101.15 Galvanized Metal, Use Limitation. Galvanized metal may not be used for utensils or

food-contact surfaces of equipment that are used in contact with acidic food.

4-101.16 Sponges, Use Limitation. Sponges may not be used in contact with cleaned and

sanitized or in-use food-contact surfaces.

4-101.17 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 two hundred thirty degrees

Fahrenheit (230°F) or above.

shipping containers in which they were received, until the fruits, vegetables, or nuts are

used.

(D) If the nature of the food requires removal of rinds, peels, husks, or shells before

consumption, the whole, uncut, raw food may be kept in:

(1) Untreated wood containers; or

(2) Treated wood containers if the containers are treated with a preservative that meets

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.

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,

(2) Impart colors, odors, or tastes to food; and

(B) Shall be:

(1) Safe,

and

(2) Clean.

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.

4-202.11 Food-Contact Surfaces.

(A) Multiuse food-contact surfaces shall be:

(1) Smooth;

(2) Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections;

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

(4) Finished to have smooth welds and joints;

and

(5) Except as specified in ¶ (B) of this section, accessible for cleaning and inspection by

one of the following methods:

(a) Without being disassembled,

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

maintenance and cleaning personnel such as screwdrivers, pliers, open-end

wrenches, and Allen wrenches.

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

distribution lines for cooking oils, or beverage syrup lines or tubes.

4-202.12 CIP Equipment.

(A) CIP equipment shall meet the characteristics specified under § 4-202.11 and shall be

designed and constructed so that:

(1) Cleaning and sanitizing solutions circulate throughout a fixed system and contact all

interior food-contact surfaces, and

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

sanitizing solutions; and

(B) CIP equipment that is not designed to be disassembled for cleaning shall be designed

with inspection access points to ensure that all interior food-contact surfaces throughout

the fixed system are being effectively cleaned.

4-202.13 "V" Threads, Use Limitation. Except for hot oil cooking or filtering equipment, "V"

type threads may not be used on food-contact surfaces.

4-202.14 Hot Oil Filtering Equipment. Hot oil filtering equipment shall meet the

characteristics specified under § 4-202.11 or § 4-202.12 and shall be readily accessible for filter

replacement and cleaning of the filter.

4-202.15 Can Openers. Cutting or piercing parts of can openers shall be readily removable for

cleaning and for replacement.

4-202.16 Nonfood-Contact Surfaces. Nonfood-contact surfaces shall be free of unnecessary

ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to

facilitate maintenance.

4-202.17 Kick Plates, Removable. Kick plates shall be designed so that the areas behind them

are accessible for inspection and cleaning by being:

(A) Removable by one of the methods specified under 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.

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 plus or minus one degree Celsius (±1.0°C) in

the intended range of use.

(B) Food temperature measuring devices that are scaled only in Fahrenheit shall be accurate

to plus or minus two degrees Fahrenheit (±2.0°F) in the intended range of use.

4-203.12 Temperature Measuring Devices, Ambient Air and Water.

(A) Ambient air and water temperature measuring devices that are scaled in Celsius or dually

scaled in Celsius and Fahrenheit shall be designed to be easily readable and accurate to

plus or minus one and one-half degree Celsius (±1.5°C) in the intended range of use.

(B) Ambient air and water temperature measuring devices that are scaled only in Fahrenheit

shall be accurate to plus or minus three degrees Fahrenheit (±3°F) in the intended range

of use.

4-203.13 Pressure Measuring Devices, Mechanical Warewashing Equipment. Pressure

measuring devices that display the pressures in the water supply line for the fresh hot water

sanitizing rinse shall have increments of seven (7) kilopascals (one pound (1 lb) per square inch)

or smaller and shall be accurate to plus or minus fourteen (± 14) kilopascals (plus or minus two

pounds (± 2 lb) per square inch) in the range indicated on the manufacturer’s data plate.

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 five (5) millimeters (two-tenths 0.2”of one

inch).

devices, rotary shafts, and other parts extending into equipment shall be provided with a

watertight joint at the point where the item enters the equipment.

(D) If a watertight joint is not provided:

(1) The piping, temperature measuring devices, rotary shafts, and other parts extending

through the openings shall be equipped with an apron designed to deflect

condensation, drips, and dust from openings into the food; and

(2) The opening shall be flanged upward 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;

unpackaged form to self-service consumers shall be designed so that the delivery tube or

chute and orifice are protected from dust, insects, rodents, and other contamination by a

self-closing door if the equipment is:

(1) Located in an outside area that does not otherwise afford the protection of an

enclosure against the rain, windblown debris, insects, rodents, and other contaminants

that are present in the environment, or

(2) Available for self-service during hours when it is not under the full-time supervision

of a food employee; and

(D) The dispensing equipment actuating lever or mechanism and filling device of consumer

self-service beverage dispensing equipment shall be designed to prevent contact with the

lip-contact surface of glasses or cups that are refilled.

(E) Dispensing equipment in which potentially hazardous food in a homogenous liquid form

is maintained outside of the temperature control requirements as specified under ¶ 3-

501.16(C) 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;

and

(2) Conform to the requirements for this equipment as specified in NSF/ANSI 18-2006-

Manual Food and Beverage Dispensing equipment.

4-204.14 Vending Machine, Vending Stage Closure. The dispensing compartment of a

vending machine including a machine that is designed to vend prepackaged snack food that is

not potentially hazardous such as chips, party mixes, and pretzels shall be equipped with a self-

closing door or cover if the machine is:

(A) Located in an outside area that does not otherwise afford the protection of an enclosure

against the rain, windblown debris, insects, rodents, and other contaminants that are

present in the environment; or

(B) Available for self-service during hours when it is not under the full-time supervision of a

food employee.

4-204.15 Bearings and Gear Boxes, Leakproof. Equipment containing bearings and gears that

require lubricants shall be designed and constructed so that the lubricant 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.

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.

(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 special process approved by the department as specified in § 8-103.10

and a HACCP plan that:

(1) Is submitted by the operator and approved as specified under § 8-103.11; and

(2) Ensures that:

(a) Water used with fish other than molluscan shellfish does not flow into the

molluscan tank,

(b) The safety and quality of the shellfish as they were received are not compromised

by the use of the tank, and

203.12.

4-204.111 Vending Machines, Automatic Shutoff.

(A) A machine vending potentially hazardous food shall have an automatic control that

prevents the machine from vending food:

(1) If there is a power failure, mechanical failure, or other condition that results in an

internal machine temperature that cannot maintain food temperatures as specified

under Chapter 3;

and

(2) If a condition specified under Subparagraph (A)(1) of this section occurs, until the

machine is serviced and restocked with food that has been maintained at temperatures

specified under Chapter 3.

(B) When the automatic shutoff within a machine vending potentially hazardous food is

activated:

(1) In a refrigerated vending machine, the ambient temperature may not exceed forty-one

degrees Fahrenheit (41°F) for more than thirty (30) minutes immediately after the

machine is filled, serviced, or restocked;

(2) In a hot holding vending machine, the ambient temperature may not be less than one

hundred thirty-five degrees Fahrenheit (135°F) for more than one-hundred twenty

(120) minutes immediately after the machine is filled, serviced, or restocked.

4-204.112 Temperature Measuring Devices.

(A) In a mechanically refrigerated or hot food storage unit, the sensor of a temperature

measuring device shall be located to measure the air temperature 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

potentially hazardous food shall be designed to include and shall be equipped with at

least one (1) integral or permanently affixed temperature measuring device that is located

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

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 one degree Celsius (1°C) or two degrees Fahrenheit (2°F) in

the intended range of use.

4-204.113 Warewashing Machine, Data Plate Operating Specifications. A warewashing

machine shall be provided with an easily accessible and readable data plate affixed to the

machine by the manufacturer that indicates the machine's design and 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

4-204.114 Warewashing Machines, Internal Baffles. Warewashing machine wash and rinse

tanks shall be equipped with baffles, curtains, or other means to minimize internal cross

contamination of the solutions in wash and rinse tanks.

4-204.115 Warewashing Machines, Temperature Measuring Devices. A warewashing

machine shall be equipped with a temperature measuring device that indicates the temperature of

the water:

(A) In each wash and rinse tank; and

(B) As the water enters the hot water sanitizing final rinse manifold or in the chemical

sanitizing solution tank.

4-204.116 Manual Warewashing Equipment, Heaters and Baskets. If hot water is used for

sanitization in manual warewashing operations, the sanitizing compartment of the sink shall be:

(A) Designed with an integral heating device that is capable of maintaining water at a

temperature not less than one hundred seventy-one degrees Fahrenheit (171°F); and

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

into the hot water.

4-204.117 Warewashing Machines, Automatic Dispensing of Detergents and Sanitizers. A

warewashing machine that is installed after January 2000 shall be equipped to:

(A) Automatically dispense detergents and sanitizers; and

(B) Incorporate a visual means to verify that detergents and sanitizers are automatically

dispensed and delivered or a visual or audible alarm to signal if the detergents and

sanitizers are not delivered to the respective washing and sanitizing cycles.

4-204.118 Warewashing Machines, Flow Pressure Device.

(A) Warewashing machines that provide a fresh hot water sanitizing rinse shall be equipped

with a pressure gauge or similar device such as a transducer that measures and displays

the water pressure in the supply line immediately before entering the warewashing

machine; and

(B) If the flow pressure measuring device is upstream of the fresh hot water sanitizing rinse

control valve, the device shall be mounted in a one-fourth inch (1/4”) Iron Pipe Size (IPS)

valve.

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, 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.

liquid food from continuously running if there is a failure of a flow control device in the

water or liquid food system or waste accumulation that could lead to overflow of the

waste receptacle.

4-204.122 Case Lot Handling Apparatuses, Moveability. Apparatuses, such as dollies,

pallets, racks, and skids used to store and transport large quantities of packaged foods received

from a supplier in a cased or overwrapped lot, shall be designed to be moved by hand or by

conveniently available apparatuses such as hand trucks and forklifts.

4-204.123 Vending Machine Doors and Openings.

(A) 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 one-sixteenth inch (1/16”) by:

(1) Being covered with louvers, screens, or materials that provide an equivalent opening

of not greater than twelve (12) or more mesh to one inch (1”);

(2) Being effectively gasketed;

(3) Having interface surfaces that are at least one-half inch (1/2”) 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

one-sixteenth inch (1/16”).

4-205.10 Food Equipment, Certification and Classification. Food equipment that is certified

or classified for sanitation by an American National Standards Institute (ANSI)-accredited

certification program is deemed to comply with Parts 4-1 and 4-2 of this Chapter.

4-301.11 Cooling, Heating, and Holding Capacities. Equipment for cooling and heating food,

and holding cold and hot food, shall be sufficient in number and capacity to provide food

temperatures as specified under Chapter 3.

4-301.12 Manual Warewashing, Sink Compartment Requirements.

(A) Except as specified in ¶ (C) of this section, a sink with at least three (3) compartments

shall be provided for manually washing, rinsing, and sanitizing equipment and utensils.

(B) Sink compartments shall be large enough to accommodate immersion of the largest

equipment and utensils. If equipment or utensils are too large for the warewashing sink,

a warewashing machine or alternative equipment as specified in ¶ (C) of this section shall

be used.

needs or constraints and its use is approved. Alternative manual warewashing

equipment may include:

(1) High-pressure detergent sprayers;

(2) Low- or line-pressure spray detergent foamers;

(3) Other task-specific cleaning equipment;

(4) Brushes or other implements; or

(5) 2-compartment sinks as specified under ¶¶ (D) and (E) of this section; or

(6) Receptacles that substitute for the compartments of a multi-compartment sink.

(D) Before a two (2) compartment sink is used:

(1) The operator shall have its use approved; and

(2) The operator shall limit the number of kitchenware items cleaned and sanitized in the

two (2) compartment sink, and shall limit warewashing to batch operations for

cleaning kitchenware such as between cutting one type of raw meat and another or

cleanup at the end of a shift, and shall:

(a) Make up the cleaning and sanitizing solutions immediately before use and drain

them immediately after use, and

(b) Use a detergent-sanitizer to sanitize and apply the detergent- sanitizer in

accordance with the manufacturer’s label instructions and as specified under § 4-

501.115, or

(E) A 2-compartment sink may not be used for warewashing operations where cleaning and

sanitizing solutions are used for a continuous or intermittent flow of kitchenware or

tableware in an ongoing warewashing process.

4-301.13 Drainboards. Drainboards, utensil racks, or tables large enough to accommodate all

soiled and cleaned items that may accumulate during hours of operation shall be provided for

necessary utensil holding before cleaning and after sanitizing.

4-301.14 Ventilation Hood Systems, Adequacy. Ventilation hood systems and devices shall be

sufficient in number and capacity to prevent grease or condensation from collecting on walls and

ceilings.

4-301.15 Clothes Washers and Dryers.

(A) Except as specified in ¶ (B) of this section, if work clothes or linens are laundered on the

premises, a mechanical clothes washer and dryer shall be provided and used.

(B) If on-premises laundering is limited to wiping cloths intended to be used moist, or wiping

cloths are air-dried as specified under § 4-901.12, a mechanical clothes washer and dryer

need not be provided.

4-302.11 Utensils, Consumer Self-Service. A food dispensing utensil shall be available for

each container displayed at a consumer self-service unit such as a buffet or salad bar.

4-302.12 Food Temperature Measuring Devices.

(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.

(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.

4-302.13 Temperature Measuring Devices, Manual Warewashing. In manual warewashing

operations, a temperature measuring device shall be provided and readily accessible for

frequently measuring the washing and sanitizing temperatures.

4-302.14 Sanitizing Solutions, Testing Devices. A test kit or other device that accurately

measures the concentration in mg/L of sanitizing solutions shall be provided.

4-401.11 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;

(8) In a room with a mechanical clothes washer or dryer; or

(9) 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.

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.

4-402.11 Fixed Equipment, Spacing or Sealing.

(A) Equipment that is fixed because it is not easily moveable 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 one

thirty-second inch (1/32”); 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 moveable 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 moveable shall be sealed to the floor or elevated on legs that provide at least a six

inch (6”) clearance between the floor and the equipment.

(B) If no part of the floor under the floor-mounted equipment is more than six inches (6”)

from the point of cleaning access, the clearance space may be only four inches (4”).

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

moveable shall be elevated on legs that provide at least four inch (4”) clearance between

the table and the equipment.

(E) The clearance space between the table and counter-mounted equipment may be:

(1) Three inches (3”) if the horizontal distance of the table top under the equipment is no

more than twenty inches (20”) from the point of access for cleaning; or

(2) Two inches (2”) if the horizontal distance of the table top under the equipment is no

more than three inches (3”) from the point of access for cleaning.

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.

metal fragments that can contaminate food when the container is opened.

4-501.12 Cutting Surfaces. Surfaces such as cutting blocks and boards that are subject to

scratching and scoring shall be resurfaced if they can no longer be effectively cleaned and

sanitized, or discarded if they are not capable of being resurfaced.

4-501.13 Microwave Ovens. Microwave ovens shall meet the safety standards specified in 21

CFR 1030.10 Microwave ovens.

4-501.14 Warewashing Equipment, Cleaning Frequency. A warewashing machine; the

compartments of sinks, basins, or other receptacles used for washing and rinsing equipment,

utensils, or raw foods, or laundering wiping cloths; and drainboards or other equipment used to

substitute for drainboards as specified under § 4-301.13 shall be cleaned:

(A) Before use;

(B) Throughout the day at a frequency necessary to prevent recontamination of equipment

and utensils and to ensure that the equipment performs its intended function; and

4-501.15 Warewashing Machines, Manufacturer’s Operating Instructions.

(A) A warewashing machine and its auxiliary components shall be operated in accordance

with the machine’s date 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.

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 one

hundred ten degrees Fahrenheit (110°F) or the temperature specified on the cleaning agent

manufacturer's label instructions.

4-501.110 Mechanical Warewashing Equipment, Wash Solution Temperature.

(A) The temperature of the wash solution in spray type warewashers that use hot water to

sanitize may not be less than:

(1) For a stationary rack, single temperature machine, one hundred sixty-five degrees

Fahrenheit (165°F);

(2) For a stationary rack, dual temperature machine, one hundred fifty degrees Fahrenheit

(150°F);

(3) For a single tank, conveyor, dual temperature machine, one hundred sixty degrees

Fahrenheit (160°F); or

(4) For a multi-tank, conveyor, multi-temperature machine, one hundred fifty degrees

Fahrenheit (150°F).

(B) The temperature of the wash solution in spray-type warewashers that use chemicals to

sanitize may not be less than one hundred twenty degrees Fahrenheit (120°F).

4-501.111 Manual Warewashing Equipment, Hot Water Sanitization Temperatures. If

immersion in hot water is used for sanitizing in a manual operation, the temperature of the water

shall be maintained at one hundred seventy-one degrees Fahrenheit (171°F) or above.

4-501.112 Mechanical Warewashing Equipment, Hot Water Sanitization Temperatures.

(A) Except as specified in ¶ (B) of this section, in a mechanical operation, the temperature of

the fresh hot water sanitizing rinse as it enters the manifold may not be more than one

hundred ninety-four degrees Fahrenheit (194 °F),

or less than:

(1) For a stationary rack, single temperature machine, one hundred sixty-five degrees

Fahrenheit (165 °F);

(2) For all other machines, one hundred eighty degrees Fahrenheit (180 °F).

(B) The maximum temperature specified under ¶ (A) of this section, does not apply to the

high pressure and temperature systems with wand-type, hand-held, spraying devices used

for the in-place cleaning and sanitizing of equipment such as meat saws.

4-501.113 Mechanical Warewashing Equipment, Sanitization Pressure. The flow pressure

of the fresh hot water sanitizing rinse in a warewashing machine, as measured in the water line

immediately downstream or upstream from the fresh hot water sanitizing rinse control valve,

shall be within the range specified on the machine manufacturer’s data plate and may not be less

than thirty-five (35) kilopascals (five pounds (5 lb) per square inch) or more than two hundred

(200) kilopascals (thirty pounds (30 lb) per square inch).

4-501.114 Manual and Mechanical Warewashing Equipment, Chemical Sanitization -

Temperature, pH, Concentration, and Hardness. A chemical sanitizer used in a sanitizing

solution for a manual or mechanical operation at contact times specified under ¶ 4-703.11(C)

shall meet the criteria specified under § 7-204.11 Sanitizers, Criteria, shall be used in accordance

with the EPA-registered label use instructions, and shall be used as follows:

(A) A chlorine solution shall have a minimum temperature based on the concentration and pH

of the solution as listed in the following chart;

Concentration Range

Minimum Temperature

mg/L

pH 10 or less

(°F)

pH 8 or less

(°F)

25-49

120

50-99

100

(B) An iodine solution shall have a:

(1) Minimum temperature of sixty-eight degrees Fahrenheit (68 °F),

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

specifies the solution is effective,

and

(3) Concentration between twelve and one-half (12.5) mg/L and twenty-five (25) mg/L;

(1) Have a minimum temperature of seventy-five degrees Fahrenheit (75°F),

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

manufacturer's use directions included in the labeling,

and

(3) Be used only in water with five hundred (500) mg/L hardness or less or in water

having a hardness no greater than specified by the EPA-registered label use

instructions;

(D) If another solution of a chemical specified under ¶¶ (A) –(C) of this section is used, the

operator shall demonstrate to the regulatory authority that the solution achieves

sanitization and the use of the solution shall be approved;

(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.

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.

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.

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.

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

(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 Limitations. Mollusk and crustacean shells may not be used more than

once as serving containers.

4-601.11 Equipment, Food-Contact Surfaces, Nonfood-Contact Surfaces, and Utensils.

(A) Equipment food-contact surfaces and utensils shall be clean to sight and touch.

(B) The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted

grease deposits and other soil accumulations.

dirt, food residue, and other debris.

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;

(2) Each time there is a change from working with raw foods to working with ready-to-

eat foods;

(3) Between uses with raw fruits and vegetables and with potentially hazardous food;

(4) Before using or storing a food temperature measuring device;

and

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

(B) Subparagraph (A)(1) of this section does not apply if the food-contact surface or utensil

is in contact with a succession of different raw animal foods each requiring a higher

cooking temperature as specified under § 3-401.11 than the previous food, such as

preparing raw fish followed by cutting raw poultry on the same cutting board.

equipment food-contact surfaces and utensils shall be cleaned throughout the day at least

every four (4) hours.

(D) Surfaces of utensils and equipment contacting potentially hazardous food may be cleaned

less frequently than every four (4) hours if:

(1) In storage, containers of potentially hazardous food and their contents are

maintained at temperatures specified under Chapter 3 and the containers are cleaned

when they are empty;

(2) Utensils and equipment are used to prepare food in a refrigerated room or area that

is maintained at one of the temperatures in the following chart and:

(a) The utensils and equipment are cleaned at the frequency in the following chart

that corresponds to the temperature; and

Temperature

Cleaning Frequency

41°F or less

24 hours

>41°F - 45°F

20 hours

>45°F - 50°F

16 hours

>50°F - 55°F

10 hours

(b) The cleaning frequency based on the ambient temperature of the refrigerated

room or area is documented in the food establishment.

(3) Containers in serving situations such as salad bars, delis, and cafeteria lines hold

ready-to-eat potentially hazardous food that is maintained at the temperatures

specified under Chapter 3, are intermittently combined with additional supplies of the

same food that is at the required temperature, and the containers are cleaned at least

every twenty-four (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,

(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 one hundred thirty-five degrees Fahrenheit (135°F) or more and the

utensils and container are cleaned at least every twenty-four (24) hours or at a

frequency necessary to preclude accumulation of soil residues.

(E) Except when dry cleaning methods are used as specified under § 4-603.11, surfaces of

utensils and equipment contacting food that is not potentially hazardous shall be cleaned:

(1) At any time when contamination may have occurred;

(2) At least every twenty-four (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 twenty-four (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 twenty-

four (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.

4-603.11 Dry Cleaning.

(A) If used, dry cleaning methods such as brushing, scraping, and vacuuming shall contact

only surfaces that are soiled with dry food residues that are not potentially hazardous.

(B) Cleaning equipment used in dry cleaning food-contact surfaces may not be used for any

other purpose.

4-603.12 Precleaning.

(A) Food debris on equipment and utensils shall be 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.

4-603.15 Washing, Procedures for Alternative Manual Warewashing Equipment. If

washing in sink compartments or a warewashing machine is impractical such as when the

equipment is fixed or the utensils are too large, washing shall be done by using alternative

manual warewashing equipment as specified in ¶ 4-301.12 (C) in accordance with the following

procedures:

(A) Equipment shall be disassembled as necessary to allow access of the detergent solution to

all parts;

(B) Equipment components and utensils shall be scrapped or rough cleaned to remove food

particle accumulation; and

4-603.16 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;

step of a 2-compartment sink operation;

(D) If using a warewashing machine that does not recycle the sanitizing solution as specified

under ¶ (E) of this section, or alternative manual warewashing equipment such as

sprayers, use of a nondistinct water rinse that is:

(1) Integrated in the application of the sanitizing solution, and

(2) Washed immediately after each application; or

(E) If using a warewashing machine that recycles the sanitizing solution for use in the next

wash cycle, use of a nondistinct water rinse that is integrated in the application of the

sanitizing solution.

4-603.17 Returnables, Cleaning for Refilling.

(A) Except as specified in ¶¶ (B) and (C) of this section, returned empty containers intended

for cleaning and refilling with food shall be cleaned and refilled in a regulated food

processing plant.

(B) A food-specific container for beverages may be refilled at a food establishment if:

(1) Only a beverage that is not a potentially hazardous food is used as specified under ¶

3-304.17(A);

(2) The design of the container and of the rinsing equipment and the nature of the

beverage, when considered together, allow effective cleaning at home or in the food

establishment;

(3) Facilities for rinsing before refilling returned containers with fresh, hot water that is

under pressure and not recirculated are provided as part of the dispensing system;

(4) The consumer-owned container returned to the food establishment for refilling is

refilled for sale or service only to the same consumer; and

(5) The container is refilled by:

(a) An employee of the food establishment, or

(b) The owner of the container if the beverage system includes a contamination-free

transfer process that cannot be bypassed by the container owner.

machine or system.

4-701.10 Food-Contact Surfaces and Utensils. Equipment food-contact surfaces and utensils

shall be sanitized.

4-702.11 Before Use After Cleaning. Utensils and food-contact surfaces of equipment shall be

sanitized before use after cleaning.

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 thirty (30) seconds and as

specified under § 4-501.111;

(B) Hot water mechanical operations by being cycled through equipment that is set up as

specified under §§ 4-501.15, 4-501.112, and 4-501.113 and achieving a utensil surface

temperature of one hundred sixty degrees Fahrenheit (160 °F) as measured by an

irreversible registering temperature indicator;

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 ten (10) seconds for a chlorine solution specified under ¶ 4-501.114(A),

(2) A contact time of at least seven (7) seconds for a chlorine solution of fifty (50) mg/L

that has a pH of ten (10) or less and a temperature of at least one hundred degrees

Fahrenheit (100 °F) or a pH of eight (8) or less and a temperature of at least seventy-

five degrees Fahrenheit (75 °F),

(3) A contact time of at least thirty (30) seconds for other chemical sanitizing solutions,

(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

Subparagraph 1-201.10(B).

4-801.11 Clean Linens. Clean linens shall be free from food residues and other soiling matter.

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.

laundered between each use.

(D) Wet wiping cloths shall be laundered daily.

(E) Dry wiping cloths shall be laundered as necessary to prevent contamination of food and

clean serving utensils.

4-803.11 Storage of Soiled Linens. Soiled linens shall be kept in clean, nonabsorbent

receptacles or clean, washable laundry bags and stored and transported to prevent contamination

of food, clean equipment, clean utensils, and single-service and single-use articles.

4-803.12 Mechanical Washing.

(A) Except as specified in ¶ (B) of this section, linens shall be mechanically washed.

(B) In food establishments in which only wiping cloths are laundered as specified in ¶ 4-

301.15 (B), the wiping cloths may be laundered in a mechanical washer, sink designated

only for laundering wiping cloths, or a warewashing or food preparation sink that is

cleaned as 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.

4-901.11 Equipment and Utensils, Air-Drying Required. After cleaning and sanitizing,

equipment and utensils:

(A) Shall be air-dried or used after adequate draining as specified in the first paragraph of 40

CFR 180.940 Tolerance exemptions for active and inert ingredients for use in

antimicrobial formulations (food-contact surface sanitizing solutions), before contact

with food; and

(B) May not be cloth dried except that utensils that have been air-dried may be polished with

cloths that are maintained clean and dry.

4-901.12 Wiping Cloths, Air-Drying Locations. Wiping cloths laundered in a food

establishment that does not have a mechanical clothes dryer as specified in ¶ 4-301.15(B) shall

be air-dried in a location and in a manner that prevents contamination of food, equipment,

utensils, linens, and single-service and single-use articles and the wiping cloths. This section

does not apply if wiping cloths are stored after laundering in a sanitizing solution as specified

under § 4-501.114.

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.

4-903.11 Equipment, Utensils, Linens, and Single-Service and Single-Use Articles.

(A) Except as specified in ¶ (D) of this section, cleaned equipment and utensils, laundered

linens, and single-service and single-use articles shall be stored:

(1) In a clean, dry location;

(2) Where they are not exposed to splash, dust, or other contamination; and

(3) At least six inches (6”) 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.

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 six inches (6”) 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;

(8) In a room with a mechanical clothes washer or dryer; or

(9) Under other sources of contamination.

(B) Laundered linens and single-service and single-use articles that are packaged or in a

facility such as a cabinet may be stored in a locker room.

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.

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.

4-904.14 Rinsing Equipment and Utensils after Cleaning and Sanitizing. After being

cleaned and sanitized, equipment and utensils shall not be rinsed before air drying or use unless:

(A) The rinse is applied directly from a potable water supply by a warewashing machine that

is maintained and operated as specified under Subparts 4-204 and 4-501; and

(B) The rinse is applied only after the equipment and utensils have been sanitized by the

application of hot water or by the application of a chemical sanitizer solution whose

EPA-registered label use instructions call for rinsing off the sanitizer after it is applied in

a commercial warewashing machine.

Chapter 5: Water, Plumbing, and Waste

5-101.11 Approved System. Drinking water shall be obtained from an approved source that is:

(A) A public water system;

(B) A private water system.

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.

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.

5-102.11 Standards.

(A) Well and Water Supply Standards.

(1) Public water systems shall:

(a) Be in compliance with 10 CSR 60 - Safe Drinking Water Commission;

and

(b) Non-community water supplies shall have a valid permit to dispense water from

the Department of Natural Resources (DNR). A current copy of the permit must

be available to the regulatory authority.

(2) Private well water supplies shall:

(a) Be located and constructed in accordance with 10 CSR 23 - Division of Geology

and Land Survey.

(b) The well casing shall extend a minimum of twelve inches (12”) above grade;

and

entry of contaminants.

(3) Private water supplies that are determined by the regulatory authority to potentially be

influenced by surface water or shallow ground water (i.e. springs, bored and dug

wells) shall be equipped with a treatment system that includes:

(a) Microfiltration using a filter with a one (1) micron absolute or smaller pore size;

and

(b) A chlorinator as specified in § 5-102.16.

(B) Standards. Except for non drinking water:

(1) Water supplies that serve food establishments shall provide safe drinking water;

(2) Contaminate levels and monitoring shall be accordance with Chapter 10 CSR 60- 4;

and

(3) Bacteriological, chemical, and radiological contaminants shall be within levels

acceptable to the department. Supplies deemed unsafe by the department or DNR

shall not be used as a potable water supply.

5-102.12 Non Drinking Water.

(A) A non drinking water supply shall only be used only if its use is approved.

(B) Nondrinking water shall be used for non-culinary purposes such as air conditioning,

nonfood equipment cooling, and fire protection.

5-102.13 Sampling. Water from a private water system or non-community public supplies shall

be sampled at least annually by the regulatory authority and tested for the presence of coliform

bacteria.

(A) Non-community public supplies shall be sampled by the operator of the food

establishment as required by DNR.

(B) Private water supplies required to have continuous disinfection shall be:

(1) Sampled at least annually by the regulatory authority and tested for the presence of

nitrates;

(2) Tested by the regulatory authority for free available chlorine between one-half (0.5)

and four (4) parts per million (ppm) at the time of each routine inspection; and

(3) Tested weekly by the operator for appropriate chlorine concentrations. Results shall

be maintained in a log available for review by the regulatory authority.

or other contaminants whenever the regulatory authority believes there is a need for such

tests.

5-102.14 Sample Report. The most recent sample report for a private water system shall be

retained on file in the food establishment and made available for review by the regulatory

authority.

5-102.15 Actions Taken Based on Sample Results.

(A) The operator of a food establishment using a public water supply testing positive for

bacterial, chemical, or other contaminants shall comply with the requirements of DNR to

regain a potable water supply.

(B) The operator of a food establishment using a public water supply testing positive for

bacterial, chemical, or other contaminants shall comply with the requirements of the

regulatory authority concerning the use of the water until the water supply is deemed safe

by the regulatory authority.

total coliform bacteria shall:

(1) Disinfect the well and distribution system according to the guidelines of the

department.

(2) Have the supply tested for the presence of nitrates and install a chlorinator to provide

continuous disinfection as specified in § 5-102.16, if:

(a) After two (2) attempts at disinfecting the well and distribution system, subsequent

sample results continue to be positive for coliform bacteria; or

(b) A pattern of positive coliform bacteria sample results is established.

(D) The operator of a food establishment using a private water supply testing positive for E.

coli or fecal coliform shall be issued a boil order and comply with the provisions of § 5-

102.17 until the water supply is deemed safe by the regulatory authority.

5-102.16 Continuous Disinfection.

(A) Private water supplies that have been determined by the regulatory authority to require

continuous disinfection shall be equipped with a positive feed liquid chlorinator and

storage capacity to provide at least thirty (30) minutes of retention time based on pump

capacity. The chlorinator will be set and maintained to supply chlorine concentrations

between one-half (0.5) and four (4) parts per million (ppm) free available chlorine.

(B) Private water supplies equipped with a chlorinator that continue to test positive for

coliform or E. coli bacteria, or establish a pattern of chlorine residuals not at the required

levels, shall provide a new water supply by:

(1) Drilling a new well;

(2) Connecting to a public water supply, if available; or

(3) Other means acceptable to the regulatory authority.

5-102.17 Boil Orders, Boil Advisories and Limit Use Orders. If the DNR, department or

water supplier issues a boil order, boil advisory or a limit use order for a water supply serving a

food establishment, the operator shall comply with the terms of the order as it applies to the food

establishment.

(A) Requirements of a boil order or limit use order issued due to bacteriological concerns

shall include:

(1) Discontinuing use of ice machines and disposing of ice made with affected water.

(2) Discontinuing use of post mix soda machines.

(3) Discontinue serving ice tea, lemonade or other cold drinks prepared with affected

water.

(4) Discontinue preparing ice tea, lemonade or other cold drinks with affected water.

(5) Using a hand sanitizer after handwashing.

(6) Using bottled water, water that has been boiled for three (3) minutes or water that has

been chlorinated, retained for thirty (30) minutes and tested to assure a residual of

one-half (0.5) to four (4) ppm free available chlorine for washing produce and other

culinary uses.

(7) Rendering faucets, accessible to the public, inoperative or posting a sign stating

“Unsafe for Drinking” at these faucets.

(B) After a boil order or limit use order is lifted, all water lines should be flushed and

manufacturer’s recommendations followed to disinfect or replace water filters and water

softeners.

5-103.11 Capacity.

(A) The water source and system shall be of sufficient capacity to meet the peak water

demands of the food establishment.

(B) Hot water generation and distribution systems shall be sufficient to meet the peak hot

water demands throughout the food establishment.

5-103.12 Pressure. Water under pressure shall be provided to all fixtures, equipment, and

nonfood equipment that are required to use water except that water supplied as specified under §

5-104.12 to a temporary food establishment or in response to a temporary interruption of a water

supply need not be under pressure.

5-104.11 System. Except as specified in § 5-104.12, water shall be received from the source

through the use of:

(A) An approved public water main; or

(B) A private water main, water pumps, pipes, hoses, connections, and other appurtenances

that shall be constructed, maintained, and operated according to law.

5-104.12 Alternative Water Supply. Water meeting the requirements specified under Subparts

5-101, 5-102, and 5-103 shall be made available for a mobile facility, for a temporary food

establishment without a permanent water supply, and for a food establishment with a temporary

interruption of its water supply through:

(A) A supply of containers of commercially bottled drinking water;

(B) One (1) or more closed portable water containers;

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

(E) Piping, tubing, or hoses connected to an adjacent approved source.

5-201.11 Approved.

(A) A plumbing system and hoses conveying water shall be constructed and repaired with

approved materials according to law.

(B) A water filter shall be made of safe materials.

5-202.11 Approved System and Cleanable Fixtures.

(A) A plumbing system shall be designed, constructed, and installed according to law.

(B) A plumbing fixture such as a handwashing sink, toilet, or urinal shall be easily cleanable.

5-202.12 Handwashing Sink, Installation.

(A) A handwashing sink shall be equipped to provide water at a temperature of at least one

hundred degrees Fahrenheit (100°F) through a mixing valve or combination faucet.

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

fifteen (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 one inch (1”).

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 and installation for that specific application

and type of device.

5-202.15 Conditioning Device, Design. A water filter, screen, and other water conditioning

device installed on water lines shall be designed to facilitate disassembly for periodic servicing

and cleaning. A water filter element shall be of the replaceable type.

5-203.11 Handwashing Sinks.

(A) Except as specified in ¶¶ (B) of this section, at least one (1) handwashing sink, a number

of handwashing sinks necessary for their convenient use by employees in areas specified

under § 5-204.11, and not fewer than the number of handwashing sinks required by law

shall be provided.

(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 one (1) handwashing sink.

5-203.12 Toilets and Urinals. At least one (1) toilet and not fewer than the toilets required by

law shall be conveniently provided.

If authorized by law and urinals are substituted for toilets,

the substitution shall be done as specified by law.

5-203.13 Service Sink. At least one (1) service sink or one (1) curbed cleaning facility equipped

with hot and cold running water and 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, unless otherwise approved by the department and a public health hazard or

nuisance is not created.

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;

(B) Installing an approved backflow prevention device as specified under § 5-202.14.

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 one hundred (100) mesh to one

inch (1”) shall be installed upstream from a carbonating device and downstream from any

copper in the water supply line.

(B) A dual check valve attached to the carbonator need not be of the vented type if an air gap

or vented backflow prevention device has been otherwise provided as specified under ¶

(A) of this section.

established in National Sanitation Foundation standard eighteen (18) and listed as such by

an independent testing laboratory, shall be deemed to meet the requirements as specified

in Subsection (A) of this section.

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;

and

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

5-204.12 Backflow Prevention Device, Location. A backflow prevention device shall be

located so that it may be serviced and maintained.

5-204.13 Conditioning Device, Location. A water filter, screen, and other water conditioning

device installed on water lines shall be located to facilitate disassembly for periodic servicing

and cleaning.

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.

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

instructions.

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 non drinking water system or a water system of unknown

quality, except sprinkler systems for fire suppression.

(B) The piping of a non drinking water system shall be durably identified so that it is readily

distinguishable from piping that carries drinking water.

5-205.14 Water Reservoir of Fogging Devices, Cleaning.

(A) A reservoir that is used to supply water to a device such as a produce fogger shall be:

(1) Maintained in accordance with manufacturer's specifications;

and

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

procedures specified under ¶ (B) of this section, whichever is more stringent.

(B) Cleaning procedures shall include at least the following steps and shall be conducted at

least once a week:

(1) Draining and complete disassembly of the water and aerosol contact parts;

(2) Brush-cleaning the reservoir, aerosol tubing, and discharge nozzles with a suitable

detergent solution;

(3) Flushing the complete system with water to remove the detergent solution and

particulate accumulation;

and

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

discharge nozzles with at least fifty (50) mg/L hypochlorite solution.

5-205.15 System Maintained in Good Repair. A plumbing system shall be:

(A) Repaired according to law;

and

(B) Maintained in good repair.

5-301.11 Approved. Materials that are used in the construction of a mobile water tank, mobile

food establishment water tank, and appurtenances shall be:

(A) Safe;

(B) Durable, corrosion-resistant, and nonabsorbent; and

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 one-half inch (0.5”); 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) Sixteen (16) mesh to one inch (1”) screen or equivalent when the vent is in a protected

area; or

(B) A protective filter when the vent is in an area that is not protected from windblown dirt

and debris.

5-302.15 Inlet and Outlet, Sloped to Drain.

(A) A water tank and its inlet and outlet shall be sloped to drain.

(B) A water tank inlet shall be positioned so that it is protected from contaminants such as

waste discharge, road dust, oil, or grease.

5-302.16 Hose, Construction and Identification. A hose used for conveying drinking water

from a water tank shall be:

(A) Safe;

(B) Durable, corrosion-resistant, and nonabsorbent;

(D) Finished with a smooth interior surface; and

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

5-303.11 Filter, Compressed Air. A filter that does not pass oil or oil vapors shall be installed

in the air supply line between the compressor and drinking water system when compressed air is

used to pressurize the water tank system.

5-303.12 Protective Cover or Device. A cap and keeper chain, closed cabinet, closed storage

tube, or other approved protective cover or device shall be provided for a water inlet, outlet, and

hose.

5-303.13 Mobile Food Establishment Tank Inlet. A mobile food establishment's water tank

inlet shall be:

(A) Three-fourths inch (3/4”) in inner diameter or less; and

(B) Provided with a hose connection of a size or type that will prevent its use for any other

service.

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.

5-304.12 Using a Pump and Hoses, Backflow Prevention. A person shall operate a water tank,

pump, and hoses so that backflow and other contamination of the water supply are prevented.

5-304.13 Protecting Inlet, Outlet, and Hose Fitting. If not in use, a water tank and hose inlet

and outlet fitting shall be protected using a cover or device as specified under § 5-303.12.

5-304.14 Tank, Pump, and Hoses, Dedication.

(A) Except as specified in ¶ (B) of this section, a water tank, pump, and hoses used for

conveying drinking water shall be used for no other purpose.

(B) Water tanks, pumps, and hoses approved for liquid foods may be used for conveying

drinking water if they are cleaned and sanitized before they are used to convey water.

5-401.11 Capacity and Drainage. A sewage holding tank in a mobile food establishment shall

be:

(A) Sized fifteen percent (15%) larger in capacity than the water supply tank; and

(B) Sloped to a drain that is one inch (1”) in inner diameter or greater, equipped with a shut-

off valve.

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), (D), and (E) of this section, a direct connection may

not exist between the sewage system and a drain originating from equipment in which

food, portable equipment, or utensils are placed.

(B) 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.

waste outlet and a floor drain when the machine is located within five feet (5’) 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.

(E) As otherwise approved by the regulatory authority.

5-402.12 Grease Trap. If used, a grease trap shall be located to be easily accessible for

cleaning.

5-402.13 Conveying Sewage. Sewage shall be conveyed to the point of disposal through an

approved sanitary sewage system or other system, including use of sewage transport vehicles,

waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and

operated according to law.

5-402.14 Removing Mobile Food Establishment Wastes. Sewage and other liquid wastes shall

be removed from a mobile food establishment at an approved waste servicing area or by a

sewage transport vehicle in such a way that a public health hazard or nuisance is not created.

5-402.15 Flushing a Waste Retention Tank. A tank for liquid waste retention shall be

thoroughly flushed and drained in a sanitary manner during the servicing operation.

5-403.11 Approved Sewage Disposal System. Sewage shall be disposed through an approved

facility.

(A) On-site wastewater treatment systems serving food establishments which generate three

thousand (3,000) gallons or less of wastewater per day and are maintained in a subsurface

treatment and disposal system shall be regulated by the DHSS.

(1) Any on-site wastewater treatment system installed after January 1, 1996, shall be

constructed according to 19 CSR 20-3.060 Minimum Construction Standards for On-

site Sewage Disposal Systems or applicable local ordinance.

(2) On-site wastewater treatment systems shall be maintained and operated to preclude

surfacing or discharging effluent, production of odors or the creation of a habitat for

insect breeding, contamination of surface water or groundwater or creation of a

nuisance or health hazard.

(3) Malfunctioning systems shall be renovated according to 19 CSR 20-3.060 Minimum

Construction Standards for On-site Sewage Disposal Systems or applicable local

ordinance.

(B) Wastewater treatment and disposal systems serving food establishments which generate

more than three thousand (3,000) gallons of wastewater per day (flow rates determined

by 19 CSR 20-3.060), or are connected into waste stabilization ponds, or other alternative

systems which discharge shall be regulated by the DNR.

(1) Any wastewater treatment system installed after the effective date of this rule, shall

have a National Pollutant Discharge Elimination System (NPDES) Permit, General

Permit, Exemption Letter issued by the DNR or utilize a Non-Discharge Lagoon.

Non-discharge lagoons shall be fenced with a small animal tight fence and be built in

substantial compliance with DNR’s 3,000 Gallon per Day or Less No-Discharge

Permit Exemption for Domestic Wastewater Design Guidance document.

(2) Wastewater treatment systems shall be maintained and operated to preclude the

production of odors or creation of a habitat for insect breeding, growth of tall weeds

or trees on or in a lagoon or its berm, or creation of a nuisance or health hazard.

(3) The 3,000 Gallon per Day or Less No-Discharge Permit Exemption for Domestic

Wastewater Design Guidance is hereby incorporated by reference in this rule as

published May 12, 2009 and is available on the web at

www.dnr.mo.gov/pubs/pub1319.pdf or by contacting the Department of Natural

Resources, PO Box 176, Jefferson City, MO 65102, (800) 361-4827. This rule does

not incorporate any subsequent amendments or additions.

5-403.12 Other Liquid Wastes and Rainwater. Condensate drainage and other nonsewage

liquids and rainwater shall be drained from point of discharge to disposal according to law.

5-501.10 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:

(A) Sloped to drain; and

(B) Constructed of nonabsorbent, smooth and durable material, such as concrete or asphalt, if

there is evidence of vermin or a creation of a nuisance or health hazard.

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 that 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.

5-501.16 Storage Areas, Rooms, and Receptacles, Capacity and Availability.

(A) An inside storage room and area and outside storage area and enclosure, and receptacles

shall be of sufficient capacity to hold refuse, recyclables, and returnables that accumulate.

(B) A receptacle shall be provided in each area of the food establishment or premises where

refuse is generated, commonly discarded or where recyclables or returnables are placed.

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.

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.

returnables may not create a public health hazard or nuisance or interfere with the

cleaning of adjacent space.

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

(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.

5-502.11 Frequency. Refuse, recyclables, and returnables shall be removed from the premises

at a frequency that will minimize the development of objectionable odors and other conditions

that attract or harbor insects and rodents.

5-502.12 Receptacles or Vehicles. Refuse, recyclables, and returnables shall be removed from

the premises by way of:

(A) Portable receptacles that are constructed and maintained according to law; or

(B) A transport vehicle that is constructed, maintained, and operated according to law.

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.

Chapter 6: Physical Facilities

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:

(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.

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.

specified under §§ 5-501.11 and 5-501.12.

6-201.11 Floors, Walls, and Ceilings. Except as specified under § 6-201.14 and except for

antislip floor coverings or applications may be used for safety reasons, floors, floor coverings,

walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are

smooth and easily cleanable.

6-201.12 Floors, Walls, and Ceilings, Utility Lines.

(A) Utility service lines and pipes may not be unnecessarily exposed.

(B) Exposed utility service lines and pipes shall be installed so they do not obstruct or

prevent cleaning of the floors, walls, or ceilings.

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

one thirty-second inch (1/32”).

(B) The floors in food establishments in which water flush cleaning methods are used shall be

provided with drains and be graded to drain, and the floor and wall junctures shall be

coved and sealed.

6-201.14 Floor Carpeting, Restrictions and Installation.

(A) A floor covering such as carpeting or similar material may not be installed as a floor

covering in food preparation areas, walk-in refrigerators, warewashing areas, toilet room

areas where handwashing lavatories, toilets, and urinals are located, refuse storage rooms,

or other areas where the floor is subject to moisture, flushing, or spray cleaning methods.

(B) If carpeting is installed as a floor covering in areas other than those specified under ¶ (A)

of this section, it shall be:

(1) Securely attached to the floor with a durable mastic, by using a stretch and tack

method, or by another method; and

(2) Installed tightly against the wall under the coving or installed away from the wall

with a space between the carpet and the wall and with the edges of the carpet secured

by metal stripping or some other means.

6-201.15 Floor Covering, Mats and Duckboards. Mats and duckboards shall be designed to

be removable and easily cleanable.

6-201.16 Wall and Ceiling Coverings and Coatings.

(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. 6-

202.11 Light Bulbs, Protective Shielding.

(A) Except as specified in ¶ (B) of this section, light bulbs shall be shielded, coated, or

otherwise shatter-resistant in areas where there is exposed food; clean equipment,

utensils, and linens; or unwrapped single-service and single-use articles.

(B) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only

for storing food in unopened packages, if:

(1) The integrity of the packages cannot be affected by broken glass falling onto them;

and

(2) The packages are capable of being cleaned of debris from broken bulbs before the

packages are opened.

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 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.

(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) Sixteen (16) mesh to one inch (1”) screens;

(2) Properly designed and installed air curtains to control flying insects; or

(3) Other effective means.

(E) Paragraph (D) of this section does not apply if flying insects and other pests are absent

due to the location of the establishment, the weather, or other limiting condition.

6-202.16 Exterior Walls and Roofs, Protective Barrier. Perimeter walls and roofs of a food

establishment shall effectively protect the establishment from the weather and the entry of

insects, rodents, and other animals.

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 and if there is

evidence of vermin or a creation of a nuisance or health hazard, outdoor receptacles for refuse

shall be stored on a smooth, hard surface such as concrete or machine-laid asphalt.

6-202.111 Private Homes and Living or Sleeping Quarters, Use Prohibition. A private home,

a room used as living or sleeping quarters, or an area directly opening into a room used as living

or sleeping quarters may not be used for conducting food establishment operations.

6-202.112 Living or Sleeping Quarters, Separation. Living or sleeping quarters located on the

premises of a food establishment such as those provided for lodging registration clerks or

resident managers shall be separated from rooms and areas used for food establishment

operations by complete partitioning and solid self-closing doors.

6-301.10 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 two (2)

adjacent handwashing sinks shall be provided with a supply of hand cleaning liquid, powder, or

bar soap.

6-301.12 Hand Drying Provision. Each handwashing sink or group of adjacent handwashing

sinks shall be provided with:

(A) Individual, disposable towels;

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

(D) A hand drying device that employs an air-knife system that delivers high velocity,

pressurized air at ambient temperatures.

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).

6-302.10 Minimum Number. Toilets and urinals shall be provided as specified under § 5-

203.12.

6-302.11 Toilet Tissue, Availability. A supply of toilet tissue shall be available at each toilet.

6-303.11 Intensity. The light intensity shall be:

(A) At least ten (10) foot candles at a distance of thirty inches (30”) above the floor, in walk-

in refrigeration units and dry storage areas and in other areas and rooms during periods of

cleaning;

(B) At least twenty (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 thirty inches (30”) above the floor in areas used for handwashing,

warewashing, and equipment and utensil storage, and in toilet rooms; and

or working with utensils or equipment such as knives, slicers, grinders, or saws where

employee safety is a factor.

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.

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.

6-306.10 Availability. A service sink or curbed cleaning facility shall be provided as specified

under ¶ 5-203.13(A).

6-401.10 Conveniently Located. Handwashing sinks shall be conveniently located as specified

under § 5-204.11.

6-402.11 Convenience and Accessibility. Toilet rooms shall be conveniently located and

accessible to employees during all hours of operation.

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 cannot occur.

6-404.11 Segregation and Location. Products that are held by the operator 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.

6-405.10 Receptacles, Waste Handling Units, and Designated Storage Areas. Units,

receptacles, and areas designated for storage of refuse and recyclable and returnable containers

shall be located as specified under § 5-501.19.

6-501.11 Repairing. Physical facilities shall be maintained in good repair.

6-501.12 Cleaning, Frequency and Restrictions.

(A) Physical facilities shall be cleaned as often as necessary to keep them clean.

(B) Except for cleaning that is necessary due to a spill or other accident, cleaning shall be

done during periods when the least amount of food is exposed such as after closing.

6-501.13 Cleaning Floors, Dustless Methods.

(A) Except as specified in ¶ (B) of this section, only dustless methods of cleaning shall be

used, such as wet cleaning, vacuum cleaning, mopping with treated dust mops, or

sweeping using a broom and dust-arresting compounds.

(B) Spills or drippage on floors that occur between normal floor cleaning times may be

cleaned:

(1) Without the use of dust-arresting compounds; and

(2) In the case of liquid spills or drippage, with the use of a small amount of absorbent

compound such as sawdust or diatomaceous earth applied immediately before spot

cleaning.

6-501.14 Cleaning Ventilation Systems, Nuisance and Discharge Prohibition.

(A) Intake and exhaust air ducts shall be cleaned and filters changed so they are not a source

of contamination by dust, dirt, and other materials.

(B) If vented to the outside, ventilation systems may not create a public health hazard or

nuisance or unlawful discharge.

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.

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.

6-501.110 Using Dressing Rooms and Lockers.

(A) Dressing rooms shall be used by employees if the employees regularly change their

clothes in the establishment.

(B) Lockers or other suitable facilities shall be used for the orderly storage of employee

clothing and other possessions.

6-501.111 Controlling Pests. The presence of insects, rodents, and other pests shall be

controlled to minimize their presence on the premises.

Control measures shall include:

(A) Routinely inspecting incoming shipments of food and supplies;

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

as specified under §§ 7-202.12, 7-206.12, and 7-206.13; and

(D) Eliminating harborage conditions.

6-501.112 Removing Dead or Trapped Birds, Insects, Rodents, and Other Pests. Dead or

trapped birds, insects, rodents, and other pests shall be removed from control devices and the

premises at a frequency that prevents their accumulation, decomposition, or the attraction of

pests.

6-501.113 Storing Maintenance Tools. Maintenance tools such as brooms, mops, vacuum

cleaners, and similar items shall be:

(A) Stored so they do not contaminate food, equipment, utensils, linens, and single-service

and single-use articles; and

(B) Stored in an orderly manner that facilitates cleaning the area used for storing the

maintenance tools.

6-501.114 Maintaining Premises, Unnecessary Items and Litter. The premises shall be free

of:

(A) Items that are unnecessary to the operation or maintenance of the establishment such as

equipment that is nonfunctional or no longer used; and

(B) Litter.

6-501.115 Prohibiting Animals.

(A) Except as specified in ¶¶ (B) and (C) of this section, live animals may not be allowed on

the premises of a food establishment.

(B) Live animals may be allowed in the following situations if the contamination of food;

clean equipment, utensils, and linens; and unwrapped single-service and single-use

articles cannot result:

(1) Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under

refrigeration, and shellfish and crustacea in display tank systems;

(2) Patrol dogs accompanying police or security officers in offices and dining, sales, and

storage areas, and sentry dogs running loose in outside fenced areas;

(3) In areas that are not used for food preparation and that are usually open for

customers, such as dining and sales areas, service animals that are controlled by the

disabled employee or person, if a health or safety hazard will not result from the

presence or activities of the service animal;

(4) Pets in the common dining areas of institutional care facilities such as nursing

homes, assisted living facilities, group homes, or residential care facilities at times

other than during meals if:

(a) Effective partitioning and self-closing doors separate the common dining areas

from food storage or food preparation areas,

(b) Condiments, equipment, and utensils are stored in enclosed cabinets or removed

from the common dining areas when pets are present, and

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.

and linens; and unwrapped single-service and single-use articles cannot result.

Chapter 7: Poisonous or Toxic Materials

7-101.11 Identifying Information, Prominence. Containers of poisonous or toxic materials and

personal care items shall bear a legible manufacturer's label.

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.

7-201.11 Separation. Poisonous or toxic materials shall be stored so they cannot contaminate

food, equipment, utensils, linens, and single-service and single-use articles by:

(A) Separating the poisonous or toxic materials by spacing or partitioning;

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.

7-202.11 Restriction.

(A) Only those poisonous or toxic materials that are required for the operation and

maintenance of a food establishment, such as for the cleaning and sanitizing of equipment

and utensils and the control of insects and rodents, shall be allowed in a food

establishment.

(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,

(3) The conditions of certification, if certification is required, for use of the pest control

materials,

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,

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:

(a) Removing the items,

(b) Covering the items with impermeable covers,

and

(d) Cleaning and sanitizing equipment and utensils after the application.

Department of Agriculture, a state with a reciprocal agreement, or a person under the

direct supervision of a certified applicator.

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.

7-204.11 Sanitizers, Criteria. Chemical sanitizers and other chemical antimicrobials applied to

food-contact surfaces shall meet the requirements specified in 40 CFR 180.940 Tolerance

exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact

surface sanitizing solutions).

40 CFR 180.940 is hereby incorporated by reference in this rule

as published May 12, 2009 and is available on the web at

http://edocket.access.gpo.gov/cfr_2004/julqtr/40cfr180.940.htm or by contacting the U.S.

Government Printing Office, PO Box 979050, St. Louis, MO 63197-9000, (866) 512-1800.

This rule does not incorporate any subsequent amendments or additions.

7-204.12 Chemicals for Washing, Treatment, Storage and Processing Fruits and

Vegetables, Criteria.

(A) Chemicals used to wash or peel raw, whole fruits and vegetables shall meet the

requirements specified in 21 CFR 173.315 Chemicals used in washing or to assist in the

peeling of fruits and vegetables.

(B) Ozone as an antimicrobial agent used in the treatment, storage, and processing of fruits

and vegetables in a food establishment shall meet the requirements specified in 21 CFR

173.368 Ozone.

7-204.13 Boiler Water Additives, Criteria. Chemicals used as boiler water additives shall meet

the requirements specified in 21 CFR 173.310 Boiler water additives.

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,

(2) Generally recognized as safe for the intended use as specified in 21 CFR 186 –

Indirect Food Substances Affirmed as Generally Recognized as Safe,

(3) Approved for use as a drying agent under a prior sanction specified in 21 CFR 181 –

Prior-Sanctioned Food Ingredients,

(4) Specifically regulated as an indirect food additive for use as a drying agent as

specified in 21 CFR Parts 175-178,

(5) 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;

and

(B) When sanitization is with chemicals, the approval required under Subparagraph (A)(3) or

(A)(5) of this section or the regulation as an indirect food additive required under

Subparagraph (A)(4) of this section, shall be specifically for use with chemical sanitizing

solutions.

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.

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.

7-206.12 Rodent Bait Stations. Rodent bait shall be contained in a covered, tamper-resistant

bait station.

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.

(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.

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.

(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.

7-207.12 Refrigerated Medicines, Storage. Medicines on the premises 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;

and

(B) Located so they are inaccessible to children.

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; 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.

7-209.11 Storage. Except as specified under §§ 7-207.12 and 7-208.11, employees shall store

their personal care items in facilities as specified under ¶ 6-305.11(B).

7-301.11Separation. Poisonous or toxic materials shall be stored and displayed for retail sale so

they cannot contaminate food, equipment, utensils, linens, and single-service and single-use

articles by:

(A) Separating the poisonous or toxic materials by spacing or partitioning;

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.

Chapter 8: Compliance and Enforcement

8-103.10 Modifications and Waivers. The department may modify or waive the requirements

of this Code, through an approved special process, if in the opinion of the department a health

hazard or nuisance will not result. If a special process is approved, the department shall retain

the information specified under § 8-103.11 in its records for the food establishment.

8-103.11 Documentation of Proposed Special Process and Justification. Before the

department waives or modifies a requirement of this Code, the information that shall be provided

by the person requesting approval for a special process includes:

(A) A statement of the proposed modification or waiver of the Code requirement citing

relevant Code section numbers;

(B) A statement as to why the special process is necessary;

(D) 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;

and

(E) A HACCP plan if required that includes the information specified under § 8-201.14 as it

is relevant to the request.

8-103.12 Conformance with Approved Procedures. If the department approves a special

process as specified in § 8-103.10, or a HACCP plan is otherwise required as specified under §

8-201.13, the operator 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;

and

(B) Maintain and provide to the department, upon request, records specified under § 8-201.14

that demonstrate that the following are routinely employed:

(1) Procedures for monitoring the critical control points,

(2) Monitoring of the critical control points,

(3) Verification of the effectiveness of the operation or process,

and

(4) Necessary corrective actions if there is failure at a critical control point.

8-103.13 If Conditions or Provisions Change. If conditions change or provisions, upon which

a special process is approved, are not followed, the department may revoke the approval and the

operator shall be required to meet the provisions of this Code.

8-201.13 When a HACCP Plan is Required.

(A) Before engaging in an activity that requires a HACCP plan, an operator 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 special process 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 special process based on an inspectional finding or a special process

request.

(B) The operator shall have a properly prepared HACCP plan as specified under § 3-502.12.

8-201.14 Contents of a HACCP Plan. For a food establishment that is required under § 8-

201.13 to have a HACCP plan, the plan and specifications shall indicate:

(A) A categorization of the types of potentially hazardous foods that are specified in the menu

such as soups and sauces, salads, and bulk, solid foods such as meat roasts, or of other

foods that are specified by the regulatory authority;

(B) A flow diagram by specific food or category type identifying critical control points and

providing information on the following:

(1) Ingredients, materials, and equipment used in the preparation of that food, and

(2) Formulations or recipes that delineate methods and procedural control measures that

address the food safety concerns involved;

concern;

(D) A statement of standard operating procedures for the plan under consideration including

clearly identifying:

(1) Each critical control point,

(2) The critical limits for each critical control point,

(3) The method and frequency for monitoring and controlling each critical control point

by the food employee designated by the person in charge,

(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,

(5) Action to be taken by the person in charge if the critical limits for each critical control

point are not met, and

(6) Records to be maintained by the person in charge to demonstrate that the HACCP

plan is properly operated and managed; and

(E) Additional scientific data or other information, as required by the regulatory authority,

supporting the determination that food safety is not compromised by the proposal.

8-202.10 Trade Secrets. The regulatory authority shall treat as confidential in accordance with

law, information that meets the criteria specified in law for a trade secret and is contained on

inspection report forms and in the plans and specifications submitted as specified under §§ 8-

201.14 and 8-302.14.

8-301.11 Prerequisite for Operation.

(A) A person may not begin operation of a new food establishment, as of the effective date of

this rule, without obtaining a written approval to open issued by the regulatory authority.

(B) The operator of a food establishment must obtain written approval from the regulatory

authority before beginning an extensive renovation of an existing food establishment.

the food establishment operations remain the same.

8-302.11 Submission 30 Calendar Days before Proposed Opening. An applicant shall submit

an application for approval to open at least thirty (30) calendar days before the date planned for

opening a food establishment or at least thirty (30) calendar days before beginning an extensive

renovation.

8-302.12 Forms of Submission. A person desiring to operate a food establishment shall submit

to the regulatory authority a completed form, Mo Form #1 (11-12), Approval to Open. Mo Form

#1 (11-12) is hereby incorporated by reference in this rule as published January 1, 2012 and is

available on the web at www.health.mo.gov/FoodCode or by contacting the department at PO

Box 570, Jefferson City, MO 65102-0570, (573) 751-6095. This rule does not incorporate any

subsequent amendments or additions.

8-302.13 Qualifications and Responsibilities of Applicants. To qualify for approval to open,

an applicant shall:

(A) Be an owner of the food establishment or an officer of the legal ownership;

(B) Comply with the requirements of this Code; and

8-302.14 Contents of the Application. The application shall include:

(A) The name, birth date, mailing address, telephone number, and signature of the owner of

the food establishment or an officer of the legal ownership and the name, mailing

address, and physical address of the food establishment;

(B) Information that specifies whether the food establishment is owned by an association,

corporation, individual, partnership, or other legal entity;

(1) Is mobile or stationary and new or existing;

(2) Is an operation that includes one (1) or more of the following:

(a) Prepares, offers for sale, or serves potentially hazardous food:

(i) Only to order upon a consumer's request;

(ii) In advance in quantities based on projected consumer demand and discards

food that is not sold or served at an approved frequency; or

(iii) Uses time as the public health control as specified under § 3-501.19,

(b) Prepares potentially hazardous food in advance using a food preparation method

that involves two or more steps which may include combining potentially

hazardous ingredients; cooking; cooling; reheating; hot or cold holding; freezing;

or thawing,

delivery to and consumption at a location off the premises of the food

establishment where it is prepared,

(d) Prepares food as specified under Subparagraph (C)(2)(B) of this section for

service to a highly susceptible population,

(e) Prepares only food that is not potentially hazardous; or

(f) Does not prepare, but offers for sale only prepackaged food that is not potentially

hazardous;

(D) The name, title, address, electronic mail address, and telephone number of the person

directly responsible for the food establishment;

(E) The name, title, address, and telephone number of the person who functions as the

immediate supervisor of the person specified under ¶ (D) of this section such as the zone,

district, or regional supervisor;

(F) The names, titles, and addresses of:

(1) The persons comprising the legal ownership as specified under ¶ (B) of this section

including the owners and officers, and

(2) The local resident agent if one is required based on the type of legal ownership;

(G) A statement of the food establishment’s characteristics and operations, including:

(1) Intended menu;

(2) Anticipated volume of food to be stored, prepared, and sold or served; and

(3) A schematic drawing to include:

(a) Floor plan of kitchen and dining areas;

(b) Proposed layout of equipment; and

work tables; and

(H) A statement signed by the applicant that:

(1) Attests to the accuracy of the information provided in the application, and

(2) Affirms that the applicant will:

(a) Comply with this Code;

(b) Allow the regulatory authority access to the food establishment, and

201.14; and

(I) Other information required by the regulatory authority.

8-302.20 Preoperational Inspections. The regulatory authority shall conduct one (1) or more

preoperational inspections to verify that the food establishment is constructed and equipped as

specified in law and in accordance with the provisions of this Code.

8-303.10 Issuance of Approval to Open. The regulatory authority shall issue an approval to

open to the applicant after:

(A) A properly completed Mo Form #1 (11-12), Approval to Open is submitted;

(B) Evidence that standard procedures are in place;

(D) A preoperational inspection as specified in § 8-302.20 shows that the establishment is

built or remodeled in accordance with the approved plans and specifications and that the

establishment is in compliance with this Code.

8-303.20 Denial of Approval to Open, Notice. If an application for approval to open is denied,

the regulatory authority shall provide the applicant with a notice that includes:

(A) The specific reasons and Code citations for the denial;

(B) The actions, if any, that the applicant must take to qualify for approval to open; and

to the department as specified in Chapter 536, RSMo.

8-303.30 Failure to Obtain Approval to Open. Any food establishment found to be operating

without the required approval to open may be issued a closing order by the department. If so, the

facility will cease operation and remain closed until the operator has met the provisions of this

Code and an approval to operate has been issued.

8-304.11 Responsibilities of the Operator. Food establishments requiring approval to open

shall develop written standard procedures. These procedures shall include at a minimum:

(A) A cleaning schedule for the establishment and equipment;

(B) An employee illness policy;

(D) A procedure to verify adequate food cooking temperatures; and

(E) Equipment monitoring procedures, including proper cleaning and sanitization of utensils

by a commercial dish machine and documentation of refrigeration temperatures.

8-404.11 Ceasing Operations and Reporting.

(A) Except as specified in ¶ (B) of this section, an operator shall immediately discontinue

operations and notify the regulatory authority if an imminent health hazard may exist

because of an emergency such as a fire, flood, extended interruption of electrical or water

service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent

foodborne illness outbreak, gross unsanitary occurrence or condition, or other

circumstance that may endanger public health.

(B) An operator need not discontinue operations in an area of an establishment that is

unaffected by the imminent health hazard.

8-404.12 Resumption of Operations. If operations are discontinued as specified under §§ 8-

404.11 or 8-404.13 or otherwise according to law, the operator shall obtain written approval

from the department before resuming operations.

8-404.13 Closing Establishment with Imminent Health Hazard. A food establishment found

to have an imminent health hazard who fails to immediately cease operations as specified under

§ 8-404.11 will be issued a closing order by the department. The facility will cease operation and

remain closed until such time as the imminent health hazard is abated.

8-404.14 Health Menace. A food establishment found to have violations that present a health

menace, that do not constitute an imminent health hazard will:

(A) Be given a reasonable opportunity to correct the violations documented on an inspection

report;

(B) Be issued a work order, if violations that present a health menace are not corrected in the

timeframes stated on an inspection report; and

complied with. The facility shall cease operation and remain closed until such time as the

conditions of the work order are fulfilled.

8-404.15 Work Orders. Work orders shall include at least the following:

(A) The violations causing the establishment to be a menace to public health, including the

appropriate Code citation;

(B) A correct-by-date for all violations noted on the work order;

(D) Notification that failure to comply with the provisions of the work order will result in a

closing order being issued by the department.

100

definition, 1-201.10

Accuracy, 4-203.11

Acidity. See pH

Accreditation

definition, 1-201.10

equipment certification program, 4-205.10

manager certification program, 2-102.20

Additive, food and color

definition, 1-201.10

food upon receipt, 3-202.12

limitations, 3-502.11 and 7-204.14

sulfites, 3-302.14

unapproved, protection from, 3-302.14

Adulterated

definition, 1-201.10

food condition, 3-101.11

Air-drying

equipment and utensils, 4-901.11

wiping cloths, locations, 4-901.12

Air filtration, 5-303.11

Air gap. See Backflow Prevention, Plumbing System

Air temperature, 3-501.14 and 4-204.112

See also Ambient temperature measuring devices

Alkalinity. See pH

Allergen, Major food allergen definition, 1-201.10 and

3-602.11

Alligator. See Fish

Ambient temperature measuring devices, 4-203.12

Animal foods, raw

consumer self-service, limitations, 3-306.13

cooking requirements, 3-401.11, 3-401.12, 3-401.13

and 3-401.14

separation from other foods, 3-302.11

Animal foods, raw or undercooked, consumer

advisory, 3-603.11

Animals

commercially raised for food, 3-201.17 and 3-401.11

exotic species, limitations as food source, 3-201.17

game, 3-201.17 and 3-401.11

handling by employees, prohibition/exception, 2-403.11

handwashing after handling, 2-301.14

prohibition and exceptions, 6-501.115

wild game, 3-201.17 and 3-401.11

Anti-slip floor coverings, 6-201.11

Appeal

denial of application for Approval to Open, 8-303.20

Applicant for approval to open food establishment

information required, 8-302.14

qualifications, 8-302.13

Applicant, responsibilities, 8-304.11

Application for approval to open

notice of denial, 8-303.20

procedure, 8-301.11 to 8-302.20

Approval to open, issuance criteria, 8-303.10

Approved, definition, 1-201.10

Area

adjacent to easily movable equipment,1-201.10

behind vending machine kickplates, 4-202.17

consumer eating and drinking, 6-201.17, 6-501.115

consumer shopping, 4-402.12, 5-501.19, 6-201.17,

6-501.115

designated for eating, drinking, and tobacco use,

2-401.11 and 6-403.11

dining, 4-904.12 and 6-501.115

distressed merchandise, 6-404.11

dressing, 6-305.11 and 6-501.110

driving, 6-102.11and 6-202.19

dry storage, 6-201.16

exposed, 6-201.18 and 6-202.11

handwashing, sink, 5-203.11, 5-204.11 and 6-201.14

indoor, construction material, 6-101.11

light intensity by, 6-303.11

living, 6-202.111 and 6-202.112

outdoor, construction materials, 6-102.11

outside fenced, 6-501.115

poisonous or toxic materials, 7-201.11 and 7-207.11 to

7-301.11

prohibited food storage, 3-305.12

protected for tank vent, 5-302.14

refuse, 5-501.10, 5-501.19 and 5-501.115

requiring drip-free ventilation, 4-204.11

self-service, 2-103.11

separate, for raw foods, 3-302.11

servicing, 6-101.11, 6-202.18 and 6-202.110

shellfish harvesting, 3-202.18

underneath equipment for cleaning, 4-402.11 and 4-402.12

vending machine, 1-201.10 and 6-202.17

walking, 6-102.11 and 6-202.19

warewashing, 6-201.14 and 7-201.11

waste servicing, 5-402.14

where unnecessary persons are not allowed, 2-103.11

Artificial color or flavor, declaration, 3-602.11

Asymptomatic

carrier, 2-201.12 and 2-201.13

definition, 1-201.10

Attachments, wall and ceilings, cleanability, 6-201.17

Automatic shutoff, vending machines, 4-204.111

Backflow prevention/Backsiphonage plumbing system

air gap, 5-202.13

carbonator, 5-203.15

copper, use limitation, 4-101.14

design standard, 5-202.14

knowledge of person in charge, 2-102.11

sewage systems, 5-402.11 to 5-403.12

water system operation, 5-104.11

location, 5-204.12

numbers and capacity, 5-203.14

Baffles, internal, for warewashing machine, 4-204.114

Bait

fish, 6-501.115

station, 7-206.12

Bakery products, 3-602.11

Balut, definition, 1-201.10

Basket, for warewashing equipment, 4-204.116 and 4-603.13

Bearings and gear boxes, leak-proof, 4-204.15

INDEX

101

Beef

consumer self-service, 3-306.13

cooking requirement, 3-401.11 and 3-401.12

minimum holding times for cooking, 3-401.11

oven parameters for cooking, 3-401.11

rare or raw, consumer advisory, 3-603.11

raw, storage, 3-302.11

use of clean equipment, 4-602.11

whole-muscle, intact, definition, 1-201.10

whole-muscle, intact steak, cooking, 3-401.11

consumer advisory exemption, 3-201.11 and 3-603.11

Beverage

containers, consumer-owned, refilling, 4-603.17

definition, 1-201.10

tubing, separation from stored ice, 4-204.16

vending machines, liquid waste disposal, 4-204.121

Birds, dead or trapped, removal, 6-501.112

Boiler water additives, criteria, 7-204.13

Bottled drinking water,

definition, 1-201.10

source, 5-101.13

Botulism. Clostridium botulinum,

reduced oxygen packaging, 3-502.12

Bread wrappers. See Single-use articles

Buffets, monitoring by food employees, 3-306.13

Buildings, See Physical facilities

Bulk food

bulk milk container dispensing tube, 4-502.13

dispensing methods, 3-306.13

display, protection, 3-306.11

labeling requirements, 3-602.11

liquid, vended, 4-204.121

raw animal food, prohibition, 3-306.13

unpackaged, labeling exemptions, 3-602.11

Cabinets

storage, 4-401.11, 4-903.12 and 5-303.12

vending machine, 4-204.123

Calibration, temperature measuring devices, 4-502.11

Can openers

design and construction, 4-202.15

maintenance and operation, 4-501.11

on vending machines, design and construction, 4-204.19

Canthaxanthin, 3-602.11

Carbonator, 5-203.15

Cardboard for recycling, outside storage, 5-501.112

Carpeting, floor, restrictions and installation, 6-201.14

Carry-out utensils. See Single-service articles

Casing

definition, 1-201.10

date marking, 3-501.17

Cast iron utensils and equipment food-contact surfaces,

use limitation, 4-101.12

Catering operation. See Food establishment

Catsup bottles. See Single-use articles

Ceiling, ceiling coverings, and coatings, cleanability,

6-201.11 and 6-201.12

Ceramic utensils, lead limitation, 4-101.13

Certification number, definition, 1-201.10

Cheese

datemarking, 3-501.17

ROP, 3-502.12

Chemicals

preservatives, declaration, 3-602.11

sanitization of equipment food-contact surfaces and

utensils, 4-701.10, 4-702.11 and 4-703.11

sanitizers, criteria, 7-204.11

washing fruits and vegetables, criteria, 7-204.12

working containers, of, 7-101.11 and 7-102.11

Children’s menu, 3-401.11(D)

China utensils, lead imitation, 4-101.13

Chlorine solutions, chemical sanitization, 4-501.114 to

4-501.116

Clams, lightly cooked or raw, consumer advisory, 3-401.11

and 3-603.11

Cleanability

carpeting, 6-201.11 and 6-201.14

ceilings, 6-201.11, 6-201.12, 6-201.16 and 6-201.17

floor and wall junctures, 6-201.13

floors, 6-201.11 and 6-201.12

food-contact surfaces, 4-202.11

mats and duckboards, 6-201.15

nonfood-contact surfaces, 4-202.16

studs, joists, and rafters, 6-201.18

utility lines, 6-201.12

wall and ceiling attachments, 6-201.17

wall and ceiling coverings and coatings, 6-201.16

walls, 6-201.11, 6-201.12, 6-201.16 and 6-201.17

Cleanable fixtures, plumbing system, 5-202.11

Cleaned in place. CIP

definition, 1-201.10

equipment, design and construction, 4-202.12

Cleaning agents

handwashing 6-301.11

warewashing equipment 4-501.17

Cleaning and sanitizing

equipment and utensils

criteria, 4-601.11

frequency, 4-602.11, 4-602.12 and 4-602.13

methods, 4-603.11 to 4-603.17

equipment and supplies for reuse, recyclables, and

returnables,5-501.10 to 5-503.11

equipment and utensils to prevent food cross-contamination,

4-601.11 to 4-703.11

maintenance tools, preventing contamination, 6-501.15

physical facilities, frequency and restrictions, 6-501.11 and

6-501.12

ventilation systems, nuisance and discharge prohibition,

6-501.14

Cleanliness, personal, of employees

clothing, outer, of employees, clean condition, 2-304.11

fingernails, 2-301.12 and 2-302.11

hands and arms, 2-301.11 to 2-304.11

jewelry, prohibition, 2-303.11

outer clothing, 2-304.11

procedure for employees’ hands and arms, 2-301.11 and

2-301.12

Clothes washers and dryer

availability, 4-301.15

location for contamination prevention, 4-401.11

Cloths

for use with raw foods of animal origin treatment, 3-304.14

for wiping food spills, criteria, 3-304.14

Code of Federal Regulations.CFR, definition, 1-201.10

Cold holding of potentially hazardous food, 3-501.16

Cold-plate beverage cooling devices, separation from

102

stored ice, design, and construction, 4-204.16

Color additive, definition, 1-201.10

Commingle, definition, 1-201.10

Comminuted, definition, 1-201.10

Common name, 3-302.12

Compactors, on-site, 5-501.15

Compliance with Code, responsibility of operator,

8-103.12 and 8-302.13

Condenser unit, separation from food and food storage

space, 4-204.18

Condiments, protection from contamination by consumers,

3-306.12

Conditional employee

definition, 1-201.10

responsibilities, 2-201.11

Conditioning device, plumbing system

design, 5-202.15

location, 5-204.13

Confidentiality 8-202.10

Confirmed disease outbreak, definition, 1-201.10

Construction

food establishment, plans and specifications requirement,

8-201.13, 8-201.14, 8-202.10 and 8-302.20

inspection and approval, 8-302.20

mobile water tank and mobile food establishment water

tank, 5-302.11 to 5-302.15

plumbing system, 5-201.11 to 5-205.15

Consumer advisory for raw or undercooked

animal foods, 3-603.11

definition, 1-201.10

Consumer-owned container, refilling, 4-603.17

Consumers at risk, advisory for fully cooked animal

foods, 3-603.11

Contact time, chemical sanitization of equipment

food-contact surfaces and utensils, 4-703.11

Container prohibitions for poisonous or toxic

materials, 7-203.11

Containers

food storage, common name identification, 3-302.12

poisonous or toxic materials labeling and identification,

7-101.11 and 7-102.11

use prohibition, 7-202.12

working, common name identification, 7-102.11