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Dry Creek Rancheria

Band of Pomo Indians

Business Code

TITLE 8. FOOD CODE

TABLE OF CONTENTS

CHAPTER 1. PURPOSE AND DEFINITIONS

SECTION 1. Purpose

SECTION 2. Scope

SECTION 3. Definitions

CHAPTER 2. MANAGEMENT AND PERSONNEL

SECTION 1. Assignment

SECTION 2. Knowledge Demonstration

SECTION 3. Duties of Person in Charge

CHAPTER 3. EMPLOYEE HEALTH

SECTION 1. Disease or Medical Condition; Responsibility of the Person in

Charge to Require Reporting by Food Employees and Applicants

SECTION 2. Exclusions and Restrictions

SECTION 3. Removal of Exclusions and Restrictions

SECTION 4. Responsibility of a Food Employee or an Applicant to Report

to the Person in Charge

SECTION 5. Personal Cleanliness; Clean Condition; Cleaning Procedure

SECTION 6. Hygienic Practices

CHAPTER 4. FOOD

SECTION 1. Compliance with Food Law

SECTION 2. Food in a Hermetically Sealed Container

SECTION 3. Fluid Milk and Milk Products

SECTION 4. Fish

SECTION 5. Molluscan Shellfish

SECTION 6. Wild Mushrooms

SECTION 7. Game Animals

SECTION 8. Temperature

SECTION 9. Additives

SECTION 10. Shell Eggs

SECTION 11. Eggs and Milk Products, Pasteurized

SECTION 12. Package Integrity

SECTION 13. Ice

SECTION 14. Shucked Shellfish, Packaging and Identification

SECTION 15. Shellstock Identification

SECTION 16. Shellstock, Condition

SECTION 17. Juice Treated

SECTION 18. Molluscan Shellfish, Original Container

SECTION 19. Shellstock, Maintaining Identification

SECTION 20. Preventing Contamination from Hands

SECTION 21. Preventing Contamination when Tasting

SECTION 22. Packaged and Unpackaged Food - Separation, Packaging, and

Segregation

SECTION 23. Food Storage Containers, Identified with Common Name of

Food

SECTION 24. Pasteurized Eggs, Substitute for Raw Shell Eggs for Certain

Recipes

SECTION 25. Protection from Unapproved Additives

SECTION 26. Washing Fruits and Vegetables

SECTION 27. Ice Used as Exterior Coolant, Prohibited as Ingredient

SECTION 28. Storage or Display of Food in Contact with Water or Ice

SECTION 29. Food Contact with Equipment and Utensils

SECTION 30. In-Use Utensils, Between-Use Storage

SECTION 31. Linens and Napkins, Use Limitation

SECTION 32. Wiping Cloths, Use Limitation

SECTION 33. Gloves, Use Limitation

SECTION 34. Using Clean Tableware for Second Portions and Refills

SECTION 35. Refilling Returnables

SECTION 36. Food Storage

SECTION 37. Food Storage, Prohibited Areas

SECTION 38. Vended Potentially Hazardous Food, Original Container

SECTION 39. Food Preparation

SECTION 40. Food Display

SECTION 41. Condiments, Protection

SECTION 42. Consumer Self-Service Operations

SECTION 43. Returned Food and Reservice of Food

SECTION 44. Returned Food and Reservice of Food

SECTION 45. Raw Animal Foods

SECTION 46. Microwave Cooking

SECTION 47. Plant Food Cooking for Hot Holding

SECTION 48. Freezing; Parasite Destruction

SECTION 49. Records, Creation and Retention

SECTION 50. Reheating; Preparation for Immediate Service

SECTION 51. Reheating for Hot Holding

SECTION 52. Other Methods; Treating Juice

SECTION 53. Frozen Food

SECTION 54. Potentially Hazardous Food, Slacking

SECTION 55. Thawing

SECTION 56. Cooling

SECTION 57. Cooling Methods

SECTION 58. Potentially Hazardous Food, Hot and Cold Holding

SECTION 59. Ready-to-Eat, Potentially Hazardous Food, Date Marking

SECTION 60. Ready-to-Eat, Potentially Hazardous Food, Disposition

SECTION 61. Time as a Public Health Control

SECTION 62. Variance Requirement

SECTION 63. Clostridium Botulinum Controls, Reduced Oxygen

Packaging, Criteria

SECTION 64. Accurate Representation

SECTION 65. Labeling

SECTION 66. Consumption of Animal Foods that are Raw, Undercooked,

or Not Otherwise Processed to Eliminate Pathogens

SECTION 67. Discarding or Reconditioning Unsafe, Adulterated, or

Contaminated Food

SECTION 68. Pasteurized Foods, Prohibited Reservice, and Prohibited

Food

CHAPTER 5. EQUIPMENT, UTENSILS, AND LINENS

SECTION 1. Materials for Construction and Repair

SECTION 2. Design and Construction

SECTION 3. Numbers and Capacities

SECTION 4. Location and Installation

SECTION 5. Maintenance and Operation

SECTION 6. Cleaning of Equipment and Utensils

SECTION 7. Sanitation of Equipment and Utensils

SECTION 8. Laundering

SECTION 9. Protection of Clean Items

CHAPTER 6. WATER, PLUMBING, AND WASTE

SECTION 1. Water

SECTION 2. Plumbing System

SECTION 3. Mobile Water Tank and Mobile Food Establishment Water

Tank

SECTION 4. Sewage, Other Liquid Waste, and Rainwater

SECTION 5. Refuse, Recyclables, and Returnables

CHAPTER 7. PHYSICAL FACILITIES

SECTION 1. Materials for Construction and Repair

SECTION 2. Design, Construction, and Installation

SECTION 3. Numbers and Capacities

SECTION 4. Location and Placement

SECTION 5. Maintenance and Operation

CHAPTER 8. POISONOUS OR TOXIC MATERIALS

SECTION 1. Labeling and Identification

SECTION 2. Operational Supplies and Applications

CHAPTER 9. COMPLIANCE AND ENFORCEMENT

SECTION 1. Code Applicability

SECTION 2. Plan Submission and Approval

SECTION 3. Permit to Operate

SECTION 4. Inspection and Correction of Violations

SECTION 5. Prevention of Foodborne Disease Transmission by Employees

APPENDIX A.

CHAPTER 1. PURPOSE AND DEFINITIONS

SECTION 1. Purpose

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, to establish the formal standards for food establishments

licensed by the Tribe, to ensure that Tribally-licensed food establishments and others

are aware of the Tribe’s food code standards, and to provide written information for

use as training, informational, legal and enforcement, and other purposes relating to

the activities of food establishments.

SECTION 2. Scope

(A) This supplement is enacted pursuant to authority set forth in Title 3, 1.5(B)(9) of

the Dry Creek Rancheria Tribal Code and serves as a supplement to and interpretative

application of Title 8 of the Tribal Code.

(B) This Code establishes definitions; sets standards for management and personnel,

food operations, and equipment and facilities; and provides for food establishment

plan review, permit issuance, inspection, employee restriction, and permit suspension.

by virtue of issuance of a license or permit, the provisions of this Code shall be

utilized for monitoring and responding to inquiries of any non-licensed public and

private food-related activities identified in 1.3(KK)(3) of this Code which are

conducted within the Rancheria.

(D) The issuance of a license or permit by the Tribe and the acceptance of such license

or permit by an individual for conducting activities in a private home, or portion

thereof, that are authorized under this Code shall be deemed consent by the licensee or

permittee and the home owner for the regulatory authority to conduct inspections, take

enforcement actions, monitor and take other actions relating to such licensed or

permitted activities.

SECTION 3. Definitions

(A) Accredited program.

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

program that has been evaluated and listed by an accrediting agency

approved by the Tribe as conforming to national standards for organizations

that certify individuals.

(2) "Accredited program" refers to the certification process approved by the

Tribe based upon an independent evaluation of factors such as the sponsor's

mission; organizational structure; staff resources; revenue sources; policies;

public information regarding program scope, eligibility requirements, recertification, discipline and grievance procedures; and test development and

administration.

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

programs, except where such activities are associated with the issuance of

certificates of completion in an accredited program.

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.

(K) "CFR" means Code of Federal Regulations. Citations in this Code to the CFR

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

(B) Additive.

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

Cosmetic Act, ' 201(s) and 21 CFR 170.

(2) "Color additive" has the meaning stated in the Federal Food, Drug, and

Cosmetic Act, ' 201(t) and 21 CFR 70.

Act, ' 402.

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

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

agencies of the federal government which:

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

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

EPA rules in 40 CFR.

(M) "Commingle" means:

(D) "Approved" means acceptable to the regulatory authority based on a determination

of conformity with principles, practices, and generally recognized standards that

protect public health.

(E) "aw" 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 aw.

(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.

(N) Comminuted.

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

(G) "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.

(H) "Casing" means a tubular container for sausage products made of either natural or

artificial (synthetic) material.

(I) "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.

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

flaking, grinding, or mincing.

(2) "Comminuted" includes fish or meat products that are reduced in size

and restructured or reformulated such as gefilte fish, gyros, ground beef, and

sausage; and a mixture of 2 or more types of meat that have been reduced in

size and combined, such as sausages made from 2 or more meats.

(O) A Comprehensive Business Codes means the Comprehensive Business Codes of

the Dry Creek Rancheria which are enacted as Titles 1 through 11 of the Tribal Code.

(P) "Confirmed disease outbreak" means a food borne 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.

(J) 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

(Q) "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.

(R) "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.

(S) "Critical control point" means a point or procedure in a specific food system where

loss of control may result in an unacceptable health risk.

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

installation of the surface; and

pathogenic or toxigenic agents or other contaminants into food

based on the surface's approved placement, purpose, and use.

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

qualify the surface as easily cleanable as specified under Subparagraph (a)

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

(T) Critical Item.

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

is more likely than other violations to contribute to food contamination,

illness, or environmental health hazard.

(b) 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.

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

(U) "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.

(Y) "Easily movable" means:

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

mechanical means to safely tilt a unit of equipment for cleaning; and

(V) Drinking Water.

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

Drinking Water Regulations.

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

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

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

"rainwater," "wastewater," and "nondrinking" water.

(W) "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.

(X) Easily Cleanable.

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

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

(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.

(Z) "Egg" means the shell egg of the domesticated chicken, turkey, duck, goose, or

guinea.

(AA) "Employee" means the permit holder, person in charge, person having

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

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

food establishment.

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

(CC) 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.

(KK) Food Establishment.

(2) "Equipment" does not include items used for handling or storing large

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

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

skids.

(DD) "Exclude" means to prevent a person from working as a food employee or

entering a food establishment except for those areas open to the general public.

(EE) "FDA" means the U.S. Food and Drug Administration.

(1) "Food establishment" means a licensed or permitted operation that

stores, prepares, packages, serves, vends, or otherwise provides food for

human consumption:

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

catering operation if the operation provides food directly to a

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

vending location; conveyance used to transport people; institution;

or food bank; and

(FF) 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.

(b) That relinquishes possession of food to a consumer directly, or

indirectly through a delivery service such as home delivery of

grocery orders or restaurant takeout orders, or delivery service that

is provided by common carriers.

(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.

(GG) "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.

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

similar illness resulting from the ingestion of a common food.

(d) That portion of a private home that is licensed as a food

establishment.

(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 unless the vending or feeding location is

permitted by the regulatory authority; and

(II) "Food-contact surface" means:

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

contact; or

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

splash:

(a) Into a food, or

(b) 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;

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

(JJ) "Food employee" means an individual working with unpackaged food, food

equipment or utensils, or food-contact surfaces.

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

vegetables;

hazardous is prepared for sale or service at a function such as a

religious or charitable organization's bake sale if allowed by law

and if the consumer is informed by a clearly visible placard at the

sales or service location that the food is prepared in a kitchen that

is not subject to regulation and inspection by the regulatory

authority;

(d) An area where food that is prepared as specified in

Subparagraph (3)(c) of this definition is sold or offered for human

consumption;

(e) A kitchen or other areas in a private home that is not licensed

as a food establishment;

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

unacceptable consumer health risk.

(RR) "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.

(SS) "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

(f) A private home that receives catered or home-delivered food,

(g) An unlicensed portion of a private home.

(LL) "Food processing plant" means a commercial operation that manufactures,

packages, labels, or stores food for human consumption whether or not it provides

food directly to a consumer.

(MM) Game Animal.

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

not classified as cattle, sheep, swine, goat, horse, mule, or other equine in 9

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

CFR Subchapter C -- Mandatory Poultry Products Inspection, Part 381, or as

fish as defined under Section 3(Z).

(2) "Game animal" includes mammals such as reindeer, elk, deer, antelope,

water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat,

and nonaquatic reptiles such as land snakes.

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

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

restricted use as specified in 40 CFR 152.175.

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

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

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

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

for following the Hazard Analysis Critical Control Point principles developed by The

National Advisory Committee on Microbiological Criteria for Foods, and as further

defined in Appendix No. 1 to this Code.

(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.

(TT) "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.

(UU) "Injected" means manipulating a meat so that infectious or toxigenic

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

with deep penetration or injecting the meat such as by processes which may be

referred to as "injecting," "pinning," or "stitch pumping."

(VV) "Juice" means, when used in the context of food safety, the aqueous liquid

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

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

purée. Juice includes juice as a whole beverage, an ingredient of a beverage and a

purée as an ingredient of a beverage.

(WW) "Kitchenware" means food preparation and storage utensils.

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

ordinances.

(YY) “License” means a business license issued pursuant to the Comprehensive

Business Codes of the Dry Creek Rancheria.

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

wiping cloths, and work garments including cloth gloves.

(AAA) "Meat" means the flesh of animals used as food including the dressed flesh of

cattle, swine, sheep, or goats and other edible animals, except fish, poultry, and wild

game animals as specified under Subparagraphs 4.7(A)(3) and (4).

(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.

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

million (ppm).

(JJJ) "pH" means the symbol for the negative logarithm of the hydrogen ion

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

Values between 0 and 7 indicate acidity and values between 7 and 14 indicate

alkalinity. The value for pure distilled water is 7, which is considered neutral.

(CCC) "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.

(KKK) "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.

(DDD) Packaged.

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

(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.

(EEE) "Permit" means permit or license issued by the Tribe that authorizes a person to

operate a food establishment.

(FFF) "Permit holder" means the entity 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.

(MMM) "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.

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

ingestion and are included in 4 categories:

(1) Is legally responsible for the operation of the food establishment such as

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

(1) Cleaners and sanitizers, which include cleaning and sanitizing agents and

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

(2) Possesses a valid permit or license to operate a food establishment.

(2) Pesticides, except sanitizers, which include substances such as

insecticides and rodenticides;

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

legal entity, government, or governmental subdivision or agency.

(HHH) "Person in charge" means the individual present at a food establishment who is

responsible for the operation at the time of inspection.

(III) Personal Care Items.

(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.

(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.

the food may contain an infectious or toxigenic microorganism or

chemical or physical contaminant at a level sufficient to cause

illness.

(OOO) 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

(PPP) Poultry.

(1) "Poultry" means:

(a) Any domesticated bird (chickens, turkeys, ducks, geese, or

guineas), whether live or dead, as defined in 9 CFR 381 Poultry

Products Inspection Regulations; and

(2) "Potentially hazardous food" includes an animal food (a food of animal

origin) that is raw or heat-treated; a food of plant origin that is heat-treated

or consists of raw seed sprouts; cut melons; and garlic-in-oil mixtures that

are not modified in a way that results in mixtures that do not support growth

as specified under Subparagraph (OOO) of this definition.

(3) "Potentially hazardous food" does not include:

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

that is not hard-boiled, but has been treated to destroy all viable

Salmonellae;

(b) A food with an aw value of 0.85 or less;

(75°F);

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

commercially processed to achieve and maintain commercial

sterility under conditions of nonrefrigerated storage and

distribution;

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

rapid and progressive growth of infectious or toxigenic

microorganisms or the growth of S. Enteritidis in eggs or C.

botulinum can not occur, such as a food that has an aw and a pH

that are above the levels specified under Subparagraphs (3)(b) and

barrier to the growth of microorganisms, or a combination of

barriers that inhibit the growth of microorganisms; or

(b) Any migratory waterfowl, game bird, such as pheasant,

partridge, quail, grouse, or guinea, or pigeon or squab, whether

live or dead, as defined in 9 CFR 362 Voluntary Poultry

Inspection Program.

(2) "Poultry" does not include ratites.

(QQQ) "Premises" means:

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

under the control of the permit holder; or

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

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

under the control of the permit holder and may impact food establishment

personnel, facilities, or operations, and a food establishment is only one

component of a larger operation such as a health care facility, hotel, motel,

school, recreational camp, or prison.

(3) That area of a private home that is licensed as a food establishment that

is subject to the requirements of this Code and which is subject to the

inspection by the Tribe as a food establishment.

(RRR) "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.

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

Drinking Water Regulations.

(TTT) Ready-to-Eat Food.

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

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

specified under Subparagraph (a) of this definition even though

(a) Is in a form that is edible without additional preparation to

achieve food safety, as specified under Chapter 3.45(A) (C) or

Section 46 or Section 45; or

(b) Is a raw or partially cooked animal food and the consumer is

advised as specified under 3.45(D)(1) and (2); or

(i) Foods manufactured according to 21 CFR Part 113, Thermally

Processed Low-Acid Foods Packaged in Hermetically Sealed

Containers.

(UUU) Reduced Oxygen Packaging.

(1) "Reduced oxygen packaging" means:

specified under Section 45(D)(1) and (3); and

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

epicurean, gastronomic, or culinary purposes.

(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 surrounding,

21% oxygen atmosphere, and

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

(a) Raw animal food that is cooked as specified under 3.45 or 3.

46, or frozen as specified under 3.45;

(b) Raw fruits and vegetables that are washed as specified under

3.26;

specified under 3.47;

(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 in 3.56;

(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

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

that involves a food for which Clostridium botulinum is identified

as a microbiological hazard 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, such as sous vide;

(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; and

a package of food is modified so that until the package is opened,

its composition is different from air, and continuous control of that

atmosphere is maintained, such as by using oxygen scavengers or

a combination of total replacement of oxygen, nonrespiring food,

and impermeable packaging material.

(VVV) "Refuse" means solid waste not carried by water through the sewage system.

(WWW) "Regulatory authority" means the Tribe or federal enforcement body or

authorized representative having jurisdiction over the food establishment.

(XXX) “Rancheria” means the Dry Creek Rancheria.

(YYY) "Restrict" means to limit the activities of a food employee so that there is no

risk of transmitting a disease that is transmissible through food and the food employee

does not work with exposed food, clean equipment, utensils, linens; and unwrapped

single-service or single-use articles.

(IIII) "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.

(JJJJ) "Shellstock" means raw, in-shell molluscan shellfish.

(ZZZ) "Restricted egg" means any check, dirty egg, incubator reject, inedible, leaker,

or loss as defined in 9 CFR 590.

(AAAA) "Restricted use pesticide" means a pesticide product that contains the active

ingredients specified in 40 CFR 152.175 Pesticides classified for restricted use, and

that is limited to use by or under the direct supervision of a certified applicator.

(BBBB) "Risk" means the likelihood that an adverse health effect will occur within a

population as a result of a hazard in a food.

(CCCC) "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;

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

producing Shiga toxins (also called verocytotoxins or "Shiga-like" toxins). This

includes, but is not limited to, E. coli reported as serotype O157:H7, O157:NM, and

O157:H-."

(LLLL) "Shucked shellfish" means molluscan shellfish that have one or both shells

removed.

(MMMM) "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.

(NNNN) Single-Use Articles.

(2) An additive that is used as specified in ' 409 or 706 of the Federal Food,

Drug, and Cosmetic Act; or

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

and constructed to be used once and discarded.

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

with applicable regulations of the Food and Drug Administration.

(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 5.1(A), 5.2(A), and 5.2(B)(1) for multiuse utensils.

(DDDD) "Sanitization" means the application of cumulative heat or chemicals on

cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a

reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease

microorganisms of public health importance.

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

passage of moisture.

(FFFF) "Service animal" means an animal such as a guide dog, signal dog, or other

animal individually trained to provide assistance to an individual with a disability.

(GGGG) "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.

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

suspension or solution and may include liquids containing chemicals in solution.

(OOOO) "Slacking" means the process of moderating the temperature of a food such

as allowing a food to gradually increase from a temperature of -23°C (-10°F) to -4°C

(25°F) in preparation for deep-fat frying or to facilitate even heat penetration during

the cooking of previously block-frozen food such as spinach.

(PPPP) "Smooth" means:

(1) A food-contact surface having a surface free of pits and inclusions with a

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

(2) A nonfood-contact surface of equipment having a surface equal to that of

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

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

roughness or projections that renders it difficult to clean.

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

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

(RRRR) "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.

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

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

(TTTT) "Temporary food establishment" means a food establishment that operates for

a period of no more than 14 consecutive days in conjunction with a single event or

celebration.

(UUUU) “Tribe” means the Dry Creek Rancheria or the Dry Creek Rancheria

Department of Commerce and any of their authorized officials and representatives.

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

(WWWW) "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 probetype price or identification tags used in contact with food.

(XXXX) "Variance" means a written document issued by the Tribe that authorizes a

modification or waiver of one or more requirements of this Code if, in the opinion of

the regulatory authority, a health hazard or nuisance will not result from the

modification or waiver.

(YYYY) "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.

(ZZZZ) "Vending machine location" means the room, enclosure, space, or area where

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

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

machines.

(AAAAA) "Warewashing" means the cleaning and sanitizing of utensils and foodcontact surfaces of equipment.

(BBBBBB) "Whole-muscle, intact beef" means whole muscle beef that is not injected,

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

steaks may be cut.

CHAPTER 2. MANAGEMENT AND PERSONNEL

SECTION 1. Assignment

The permit holder shall be the person in charge or shall designate a person in charge

and shall ensure that a person in charge is present at the food establishment during all

hours of operation.

SECTION 2. Knowledge Demonstration

Based on the risks of foodborne illness inherent to the food operation, during

inspections and upon request the person in charge shall demonstrate to the Tribe

knowledge of foodborne disease prevention, application of the Hazard Analysis

Critical Control Point principles, and the requirements of this Code. The person in

charge shall demonstrate this knowledge by:

(A) Complying with this Code; and

(B) Responding correctly to the inspector's questions as they relate to the specific food

operation. The areas of knowledge include:

(1) Describing the relationship between the prevention of food borne disease

and the personal hygiene of a food employee;

(2) Explaining the responsibility of the person in charge for preventing the

transmission of food borne disease by a food employee who has a disease or

medical condition that may cause food borne 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

food borne illness;

(5) If relevant, 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, or fish;

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

storage, hot holding, cooling, and reheating of potentially hazardous food;

(a) Food employee,

(b) Person in charge, and

(8) Describing the relationship between the prevention of food borne illness

and the management and control of the following:

(a) Cross contamination,

SECTION 3. Duties of Person in Charge

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

The person in charge shall ensure that:

(A) Food establishment operations are not conducted in an unlicensed area of a private

home, or in a room used as living or sleeping quarters as specified under 7.2(B)(11);

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

good repair;

(9) Explaining the relationship between food safety and providing

equipment that is:

(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 singleuse articles are protected from contamination;

(a) Sufficient in number and capacity, and

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

maintained, and cleaned;

pesticide applicators entering the food preparation, food storage, and warewashing

areas comply with this Code;

(10) Explaining correct procedures for cleaning and sanitizing utensils and

food-contact surfaces of equipment;

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

employees' handwashing;

(11) 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;

(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;

(12) 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;

(13) Identifying critical control points in the operation from purchasing

through sale or service that when not controlled may contribute to the

transmission of food borne illness and explaining steps taken to ensure that

the points are controlled in accordance with the requirements of this Code;

(14) Explaining the details of how the person in charge and food employees

comply with the HACCP plan if a plan is required by the law, this Code, or

an agreement between the Regulatory authority and the establishment; and

(15) Explaining the responsibilities, rights, and authorities assigned by this

Code to the:

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

careful in cooking those foods known to cause severe food borne 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 5.2(A)(2) and paragraph

5.5(B)(1);

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

that are not held hot or are not for consumption within 4 hours, through daily oversight

of the employees' routine monitoring of food temperatures during cooling;

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

are informed as specified under 5.66 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;

(b) Fever,

(d) Jaundice, or

(J) Consumers are notified that clean tableware is to be used when they return to selfservice areas such as salad bars and buffets as specified under 3(34);

(K) Except when otherwise approved as specified in paragraph 4.20(B), employees are

preventing cross-contamination of ready-to-eat food with bare hands by properly using

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

equipment; and

(L) Employees are properly trained in food safety as it relates to their assigned duties.

CHAPTER 3. EMPLOYEE HEALTH

(e) Sore throat with fever, or

(f) Boil or infected wound.

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

draining and is:

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

finger cot or stall protects the lesion and a single-use glove is worn

over the impermeable cover,

SECTION 1. Disease or Medical Condition; Responsibility of the Person in

Charge to Require Reporting by Food Employees and Applicants

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

by an impermeable cover, or

Employer requires employee reporting. The permit holder shall require food

employee applicants to whom a conditional offer of employment is made and food

employees to report to the person in charge, information about their health and

activities as they relate to diseases that are transmissible through food. A food

employee or applicant shall report the information in a manner that allows the person

in charge to prevent the likelihood of food borne disease transmission, including the

date of onset of jaundice or of an illness specified under paragraph (C) of this section,

if the food employee or applicant: health status employee is ill:

dry, durable, tight-fitting bandage;

(A) Is diagnosed with an illness due to:

(1) Salmonella Typha,

(2) Shigella spp.,

(1) S. Typha within the past three months,

(2) Shigella spp. within the past month,

(3) Shiga toxin-producing Escherichia coli, within the past month; or

(4) Hepatitis A virus; activities

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

becoming ill: prepared or consumed food that caused disease

(3) Shiga toxin-producing Escherichia coli, or

(4) Hepatitis A virus; employee has symptom of:

(B) Has a symptom caused by illness, infection, or other source that is: intestinal

illness

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

(a) Diarrhea,

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

outbreak caused by S. Typha, Shigella spp., Shiga toxin-producing

Escherichia coli, or hepatitis

A virus including an outbreak at an event such as a family meal, church

supper, or festival because the food employee or applicant:

(a) Food implicated in the outbreak,

(b) Consumed food implicated in the outbreak, or

infected or ill with the infectious agent that caused the outbreak or

who is suspected of being a shedder of the infectious agent, lives

with ill person.

(2) Lives in the same household as, and has knowledge about, a person who

is diagnosed with a disease caused by S. Typha, Shigella spp., Shiga toxinproducing Escherichia coli, or hepatitis A virus, or lives with person

involved in disease outbreak.

(3) Lives in the same household as, and has knowledge about, a person who

attends or works in a setting where there is a confirmed disease outbreak

caused by S. Typha, Shigella spp., Shiga toxin-producing Escherichia coli,

or hepatitis A virus.

(4) Had a past illness from Shigella spp. or Shiga toxin-producing

Escherichia coli within the last month; and excluding and restricting

jaundiced employees.

(D) For a food employee who is jaundiced:

(1) If the onset of jaundice occurred within the last seven (7) calendar days,

Exclude the food employee from the food establishment, or

(2) If the onset of jaundice occurred more than seven (7) calendar days

before:

(a) Exclude the food employee from a food establishment that

serves a highly susceptible population, or

SECTION 2. Exclusions and Restrictions

The person in charge shall: excluding ill employees

(A) Exclude a food employee from a food establishment if the food employee is

diagnosed with an infectious agent specified under paragraph Chapter 3.1(1)(A);

restricting employees: (serving general population)

(b) Restrict the food employee from activities specified under

paragraph 3.2(B), if the food establishment does not serve a highly

susceptible population.

SECTION 3. Removal of Exclusions and Restrictions

Reinstating an excluded employee who is

(B) Except as specified under paragraph (C) or (D) of this section, restrict a food

employee from working with exposed food; clean equipment, utensils, and linens; and

unwrapped single-service and single-use articles, in a food establishment if the food

employee is: with symptom of illness or of past illness (1) Suffering from a symptom

specified under paragraph Chapter 3.1(B)(1)(a), (b), (c), and (e), or (2) Not

experiencing a symptom of acute gastroenteritis specified under Chapter 3.1(B)(1) but

has a stool that yields a specimen culture that is positive for Salmonella Typha,

Shigella spp., or Shiga toxin-producing Escherichia coli; excluding

employees:(serving high-risk population) with symptom of illness or of past illness

employee who:

(1) Is experiencing a symptom of acute gastrointestinal illness specified

under Chapter 3.1(B)(1)(a), (b), (c), or (e) and meets a high-risk condition

specified under Chapter 3.1(D)(1)-(3),

(2) Is not experiencing a symptom of acute gastroenteritis specified under

Chapter 3.1(B)(1) but has a stool that yields a specimen culture that is

positive for S. Typha, Shigella spp., or Shiga toxin-producing Escherichia

coli,

(A) No longer ill; or

(B) Free of jaundice

if:

(1) The person in charge obtains approval from the regulatory authority; and

(2) The person excluded as specified under paragraph 3.2(A) provides to the

person in charge written medical documentation from a physician licensed

to practice medicine or, if allowed by law, a nurse practitioner or physician

assistant, that specifies that the excluded person may work as a food

employee in a food establishment, including an establishment that serves a

highly susceptible population, because the person is free of the infectious

agent of concern as specified in 9.5(4) reinstating a restricted employee who

is free of symptoms

(D) The person in charge may remove a restriction specified under:

(1) Subparagraph 3.2(B)(1) if the restricted person:

(3) Had a past illness from S. Typha within the last 3 months, or

(a) Is free of the symptoms specified under paragraph 3.1(B)(1)(a),

(b), (c), or (e) or (2) and no food borne illness occurs that may

have been caused by the restricted person,

(b) Is suspected of causing food borne illness but:

(i) Is free of the symptoms specified under paragraph

3.1(B)(1)(a), (b), (c), or (e) or (2), and free of suspected

infectious agent;

(ii) Provides written medical documentation from a

physician licensed to practice medicine or, if allowed by

law, a nurse practitioner or physician assistant, stating

that the restricted person is free of the infectious agent

that is suspected of causing the person's symptoms or

causing food borne illness, as specified in 9.5(4), or has

symptoms that are not caused by an infectious agent.

licensed to practice medicine or, if allowed by law, a nurse

practitioner or physician assistant, stating that the symptoms

experienced result from a chronic noninfectious condition such as

Crohn's disease, irritable bowel syndrome, or ulcerative colitis; or

no longer a shedder.

(2) Subparagraph 3.2(B)(2) if the restricted person provides written medical

documentation from a physician, licensed to practice medicine, or, if

allowed by law, a nurse practitioner or physician assistant, according to the

criteria specified in 9.5(4) that indicates the stools are free of Salmonella

Typha, Shigella spp., or Shiga toxin-producing Escherichia coli, whichever

is the infectious agent of concern. reinstating an excluded employee serving:

high-risk population

(E) The person in charge may remove an exclusion specified under paragraph 3.2(C) if

the excluded person provides written medical documentation from a physician

licensed to practice medicine or, if allowed by law, a nurse practitioner or physician

assistant:

(1) That specifies that the person is free of the infectious agent of concern as

specified in 9.5(4), or

(2) If the person is excluded under Subparagraph 3.2(C)(1), stating that the

symptoms experienced result from a chronic noninfectious condition such as

Crohn's disease, irritable bowel syndrome, or ulcerative colitis. Reinstating

an employee who is: not suspect source of illness

(F) The person in charge may remove an exclusion specified under Subparagraph

3.2(D)(1) and Subparagraph 3.2(D)(2)(a) and a restriction specified under

Subparagraph 3.2(D)(2)(b) if:

(1) No food borne illness occurs that may have been caused by the excluded

or restricted person and the person provides written medical documentation

from a physician licensed to practice medicine or, if allowed by law, a nurse

practitioner or physician assistant, that specifies that the person is free of

hepatitis A virus as specified in Subparagraph 9.5(4)(d)(i); or suspect source

of illness

(2) The excluded or restricted person is suspected of causing food borne

illness and complies with the requirements in Subparagraphs 9.5(4)(d)(ii)

and (d)(ii).

SECTION 4. Responsibility of a Food Employee or an Applicant to Report to the

Person in Charge

A food employee or a person who applies for a job as a food employee shall:

(A) In a manner specified under Chapter 1, Section 3, report to the person in charge

the information specified under paragraphs 3.1(A)-(D); and

(B) Comply with exclusions and restrictions that are specified under paragraphs

3.2(A)-(D). 3.4 Reporting by the Person in Charge.* The person in charge shall notify

the regulatory authority that a food employee is diagnosed with an illness due to

Salmonella Typha, Shigella spp., Shiga toxin-producing Escherichia coli, or hepatitis

A virus.

SECTION 5. Personal Cleanliness; Clean Condition; Cleaning Procedure

Food Employees shall keep their hands and exposed portions of their arms clean.

(A) Except as specified in paragraph (B) of this section, food employees shall clean

their hands and exposed portions of their arms (or surrogate prosthetic devices for

hands or arms) for at least 20 seconds, using a cleaning compound in a lavatory that is

equipped as specified under 6.2(B)(2).

(B) Food employees shall use the following cleaning procedure:

(1) Vigorous friction on the surfaces of the lathered fingers, finger tips, areas

between the fingers, hands and arms (or by vigorously rubbing the surrogate

prosthetic devices for hands or arms) for at least 10 to 15 seconds, followed

by;

(2) Thorough rinsing under clean, running warm water; and

(3) Immediately follow the cleaning procedure with thorough drying of

cleaned hands and arms (or surrogate prosthetic devices) using a method as

specified under 7.3(A)(3).

fingernails during the cleaning procedure.

(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.

(E) Special Handwash Procedures.

(1) When to Wash. Food Employees shall clean their hands and exposed

portions of their arms as specified under 3.5(B) 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;

(2) Where to Wash. Food Employees shall clean their hands in a

handwashing lavatory or approved automatic handwashing facility and may

not clean their hands in a sink used for food preparation or warewashing, or

in a service sink or a curbed cleaning facility used for the disposal of mop

water and similar liquid waste.

(F) Hand Sanitizers. A hand sanitizer and a chemical hand sanitizing solution used as

a hand dip shall comply with one of the following:

(1) Be an approved drug that is listed in the FDA publication Approved

Drug Products with Therapeutic Equivalence Evaluations as an approved

drug based on safety and effectiveness; or

(2) Have active antimicrobial ingredients that are listed in the FDA

monograph for OTC Health-Care Antiseptic Drug Products as an antiseptic

handwash, or

(3) 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

(4) Comply with and be listed in:

(b) After using the toilet room;

as specified in paragraph 3.6(E)(2);

(d) Except as specified in paragraph 3.6(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) When working with or switching to different raw foods;

(i) Before donning gloves for working with food; and

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

Production Aids, and Sanitizers as regulated for use as a

food additive with conditions of safe use, or

(b) 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

(5) Be applied only to hands that are cleaned as specified under 3.5(B).

(6) If a hand sanitizer or a chemical hand sanitizing solution used as a hand

dip does not meet the criteria specified under Subparagraph (F)(4) of this

section, use shall be:

(a) Followed by thorough hand rinsing in clean water

before hand contact with food or by the use of gloves; or

(b) Limited to situations that involve no direct contact

with food by the bare hands.

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

(7) A chemical hand sanitizing solution used as a hand dip shall be

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

(D) Hair Restraints.

(1) Effectiveness.

(G) Fingernails; Maintenance.

(1) Food employees shall keep their fingernails trimmed, filed, and

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

(2) Unless wearing intact gloves in good repair, a food employee may not

wear fingernail polish or artificial fingernails when working with exposed

food.

(H) Jewelry; Prohibition. While preparing food, food employees may not wear

jewelry including medical information jewelry on their arms and hands. This section

does not apply to a plain ring such as a wedding band.

(I) Outer Clothing. Food Employees shall wear clean outer clothing to prevent

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

articles.

SECTION 6. Hygienic Practices

(A) Food Contamination Prevention; Eating, Drinking, or Using Tobacco. Except as

specified in paragraph (B) of this section, an employee shall eat, drink, or use any

form paragraph of tobacco only in designated areas where the contamination of

exposed food; clean equipment, utensils, and linens; unwrapped single-service and

single-use articles; or other items needing protection can not result.

(B) A food employee may drink from a closed beverage container if the container is

handled to prevent contamination of:

(a) Except as provided in paragraph (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.

(E) Handling Prohibition.

(1) Except as specified in paragraph (2) 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 67.5(O)(2)(b)-(e).

(2) Food Employees with service animals may handle or care for their

service animals and food employees may handle or care for fish in

aquariums or molluscan shellfish or crustacea in display tanks if they wash

their hands as specified under 3.5(B) and paragraph 3.5(E)(1)(c).

CHAPTER 4. FOOD

(1) The employee's hands;

SECTION 1. Compliance with Food Law

(2) The container; and

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

(3) Exposed food; clean equipment, utensils, and linens; and unwrapped

single-service and single-use articles.

(B) Food prepared in an unlicensed area of a private home may not be used or offered

for human consumption in a food establishment.

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.

Labeling, 9 CFR 317 Labeling, Marking Devices, and Containers, and 9 CFR 381

Subpart N Labeling and Containers, and as specified under 4.14 and 4.15.

(D) Fish, other than molluscan shellfish, that are intended for consumption in their raw

form and allowed as specified in 4.45(C)(1) may be offered for sale or service if they

are obtained from a supplier that freezes the fish as specified under 3.48; or frozen on

the premises as specified under 4.48 and records are retained as specified under 4.46.

SECTION 4. Fish

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

undercooked form without a consumer advisory as specified in paragraph 4.45(C)

shall be:

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

(1) Legally caught or harvested; or

(1) Obtained from a food processing plant that, upon request by the

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

meet the definition of whole-muscle, intact beef, or

(2) Deemed acceptable by the regulatory authority based on other evidence,

such as written buyer specifications or invoices, that indicates that the steaks

meet the definition of whole-muscle, intact beef, 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 (1) or identified as

specified in Subparagraph (2) of this section,

(b) Prepared so they remain intact, and

as specified in Subparagraph (1) or identified as specified in (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(l) and 9 CFR

381.125(b).

(G) Shell 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).

SECTION 2. Food in a Hermetically Sealed Container

(2) Approved for sale or service.

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

service.

SECTION 5. 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.

SECTION 6. Wild Mushrooms

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

the wild shall be obtained from sources where each mushroom is individually

inspected and found to be safe by an approved mushroom identification expert.

(B) This section does not apply to:

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

processed in an operation that is regulated by the food regulatory agency

that has jurisdiction over the operation; or

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

of a food processing plant that is regulated by the food regulatory agency

that has jurisdiction over the plant.

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.

SECTION 7. Game Animals

SECTION 3. Fluid Milk and Milk Products

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

Fluid milk and milk products shall be obtained from sources that comply with grade A

standards as specified in law.

(1) Commercially raised for food and:

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

inspection program that is conducted by the agency that has

animal health jurisdiction, or

(b) Under a routine inspection program conducted by a regulatory

agency other than the agency that has animal health jurisdiction,

and

(a) Receive a postmortem examination by an approved

veterinarian or veterinarian's designee, or

(b) Are field-dressed and transported according to requirements

specified by the agency that has animal health jurisdiction and the

agency that conducts the inspection program, and

(i) Laws governing meat and poultry as determined by

the agency that has animal health jurisdiction and the

agency that conducts the inspection program, and

determined by the agency that has animal health jurisdiction and

the agency that conducts the inspection program.

SECTION 8. Temperature

(ii) Requirements which are developed by the agency

that has animal health jurisdiction and the agency that

conducts the inspection program with consideration of

factors such as the need for antemortem and postmortem

examination by an approved veterinarian or

veterinarian's designee;

(2) Under a voluntary inspection program administered by the USDA for

game animals such as exotic animals (reindeer, elk, deer, antelope, water

buffalo, or bison) that are "inspected and approved" in accordance with 9

CFR 352 Voluntary Exotic Animal Program or rabbits that are "inspected

and certified" in accordance with 9 CFR 354 Rabbit Inspection Program;

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

hazardous food shall be at a temperature of 5°C (41°F) or below when received.

(B) If a temperature other than 5°C (41°F) for a potentially hazardous food is specified

in law governing its distribution, such as laws governing milk and molluscan shellfish,

the food may be received at the specified temperature.

ambient air temperature of 7°C (45°F) or less.

(D) Potentially hazardous food that is cooked to a temperature and for a time specified

under 4.45 – 4.47 and received hot shall be at a temperature of 60°C (140°F) or above.

(3) As allowed by law, for wild game animals that are live-caught:

(a) Under a routine inspection program conducted by a regulatory

agency such as the agency that has animal health jurisdiction, and

(b) Slaughtered and processed according to:

(i) Laws governing meat and poultry as determined by

the agency that has animal health jurisdiction and the

agency that conducts the inspection program, and

(ii) Requirements which are developed by the agency

that has animal health jurisdiction and the agency that

conducts the inspection program with consideration of

factors such as the need for antemortem and postmortem

examination by an approved veterinarian or

veterinarian's designee; or

(4) As allowed by law, for field-dressed wild game animals under a routine

inspection program that ensures the animals:

(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.

SECTION 9. 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 185 Tolerances for Pesticides in Food.

SECTION 10. Shell Eggs

Shell eggs shall be received clean and sound and may not exceed the restricted egg

tolerances for U.S. Consumer Grade B as specified in 7 CFR Part 56 " Voluntary

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

Shell Eggs, and 9 CFR Part 590 " Inspection of Eggs and Egg Products.

SECTION 11. Eggs and Milk Products, Pasteurized

(A) Shellstock shall be obtained in containers bearing legible source identification tags

or labels that are affixed by the harvester and each dealer that depurates, ships, or

reships the shellstock, as specified in the National Shellfish Sanitation Program Guide

for the Control of Molluscan Shellfish, and that list:

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

(B) Fluid and dry milk and milk products complying with grade A standards as

specified in law shall be obtained pasteurized.

in CFR 135 - Frozen Desserts.

(1) Except as specified under paragraph (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,

(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.

SECTION 12. 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.

SECTION 13. Ice

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

SECTION 14. Shucked Shellfish, Packaging and Identification

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

legible label that identifies the:

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

repacker of the molluscan shellfish; and

(2) The "sell by" date for packages with a capacity of less than 1.87 L (onehalf gallon) or the date shucked for packages with a capacity of 1.87 L (onehalf 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 paragraph (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).

SECTION 15. Shellstock Identification

aquaculture site that is practicable based on the system of harvest

area designations that is in use by the shellfish control authority

and including the abbreviation of the name of the state or country

in which the shellfish are harvested,

(d) The type and quantity of shellfish, and

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

required to be attached until container is empty or retagged and

thereafter kept on file for 90 days;" and

(2) Except as specified in paragraph (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,

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

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

required to be attached until container is empty and thereafter kept

on file for 90 days."

(B) 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 paragraph (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).

and certification number, the dealer's information shall be listed first.

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

identification as specified under Subparagraphs (A)(2)(a) and (b) of this section,

individual dealer tags or labels need not be provided.

and held in a display container from which individual servings are dispensed upon a

consumer's request if:

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

4.17 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.

SECTION 16. Shellstock, Condition

SECTION 19. Shellstock, Maintaining Identification

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.

(A) Except as specified under Subparagraph (B)(2) of this section, shellstock tags shall

remain attached to the container in which the shellstock are received until the

container is empty.

SECTION 17. Juice Treated

(B) The identity of the source of shellstock that are sold or served shall be maintained

by retaining shellstock tags or labels for 90 calendar days from the date the container

is emptied by:

Pre-packaged juice shall:

(A) Be obtained from a processor with a HACCP system as specified in 21 CFR Part

120;

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

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

120.24; Or

Original Containers and Records

SECTION 18. Molluscan Shellfish, Original Container

(A) Except as specified in paragraphs (B) and (C) of this section, molluscan shellfish

may not be removed from the container in which they are received other than

immediately before sale or preparation for service.

(1) Using an approved record keeping system that keeps the tags or labels in

chronological order correlated to the date when, or dates during which, the

shellstock are sold or served; and

(2) If shellstock are removed from their tagged or labeled container:

(a) Preserving source identification by using a record keeping

system as specified under Subparagraph (B)(1) of this section, and

(b) Ensuring that shellstock from one tagged or labeled container

are not commingled with shellstock from another container before

being ordered by the consumer.

SECTION 20. Preventing Contamination from Hands

(A) Food employees shall wash their hands as specified under 3.5(B).

(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

4.15 and recorded as specified under 4.19; and

(B) Except when washing fruits and vegetables as specified under 4.26 or when

otherwise approved, food employees may not contact exposed, ready-to-eat food with

their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs,

single-use gloves, or dispensing equipment.

is not in a ready-to-eat form.

(2) The shellstock are protected from contamination.

SECTION 21. 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.

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

under 4.26 from ready-to-eat food.

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

SECTION 22. Packaged and Unpackaged Food - Separation, Packaging, and

Segregation

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

peeling or hulling before consumption;

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

(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;

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

display from:

(a) Raw ready-to-eat food including other raw animal food such as

fish for sushi or molluscan shellfish, or other raw ready-to-eat

food such as vegetables, and

(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 4.57(B)(2); or

(5) Shellstock.

(b) Cooked ready-to-eat food;

SECTION 23. Food Storage Containers, Identified with Common Name of Food

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

foods from each other such as beef, fish, lamb, pork, and poultry during

storage, preparation, holding, and display by:

(a) Using separate equipment for each type, or

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

contamination of one type with another is prevented, and

areas;

(3) Cleaning equipment and utensils as specified under paragraph

5.6(B)(1)(A) and sanitizing as specified under 5.7(C);

Working containers holding food or food ingredients that are removed from their

original packages for use in the food establishment, such as cooking oils, flour, herbs,

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

food except that containers holding food that can be readily and unmistakably

recognized such as dry pasta need not be identified.

SECTION 24. Pasteurized Eggs, Substitute for Raw Shell Eggs for Certain

Recipes

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

preparation of foods such as Caesar salad, hollandaise or Béarnaise sauce,

mayonnaise, eggnog, ice cream, and egg-fortified beverages that are not:

(A) Cooked as specified under Subparagraphs 4.45(A)(1) or (2); or

(4) Except as specified in paragraph (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;

(B) Included in paragraph 4.45(D).

SECTION 25. Protection from Unapproved Additives

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

as specified in 4.23:

(1) Unsafe or unapproved food or color additives; and

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

establishment as specified under 7.4(D); 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; or

(2) Serve or sell food specified under Subparagraph (B)(1) of this section

that is treated with sulfiting agents before receipt by the food establishment,

except that grapes need not meet this subparagraph.

SECTION 26. Washing Fruits and Vegetables

(A) Raw fruits and vegetables shall be thoroughly washed in water to remove soil and

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

or offered for human consumption in ready-to-eat form except as specified in

paragraph (B) of this section and except that whole, raw fruits and vegetables that are

intended for washing by the consumer before consumption need not be washed before

they are sold.

SECTION 30. 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 paragraph (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;

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

equipment are cleaned and sanitized at a frequency specified under 5.6(B)(1) and

5.7(B);

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

8.2(D)(2).

(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;

SECTION 27. Ice Used as Exterior Coolant, Prohibited as Ingredient

(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

After use as a medium for cooling the exterior surfaces of food such as melons or fish,

ice, packaged foods such as canned beverages, or cooling coils and tubes of

equipment, may not be used as food.

(F) In a container of water if the water is maintained at a temperature of at least 60°C

(140°F) and the container is cleaned at a frequency specified under Subparagraph

5.6(D)(7).

SECTION 28. Storage or Display of Food in Contact with Water or Ice

SECTION 31. Linens and Napkins, Use Limitation

(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 paragraphs (C) and (D) of this section, unpackaged food

may not be stored in direct contact with undrained ice.

or cut potatoes; and tofu may be immersed in ice or water.

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.

SECTION 32. Wiping Cloths, Use Limitation

(A) Cloths that are in use for wiping food spills shall be used for no other purpose.

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

(D) Raw chicken and raw fish that are received immersed in ice in shipping containers

may remain in that condition while in storage awaiting preparation, display, service, or

sale.

SECTION 29. Food Contact with Equipment and Utensils

Food shall only contact surfaces of equipment and utensils that are cleaned as

specified under 5.6 of this Code and sanitized as specified under 5.7 of this Code.

(1) Dry and used for wiping food spills from tableware and carry-out

containers; or

(2) Wet and cleaned as specified under paragraph 5.8(B)(1), stored in a

chemical sanitizer at a concentration specified in 5.5(A)(14), and used for

wiping spills from food-contact and nonfood-contact surfaces of equipment.

cloths used for other purposes, and wet cloths used with raw animal foods shall be

kept in a separate sanitizing solution.

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

cloths shall be free of food debris and visible soil.

SECTION 33. 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 paragraph (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 4.45-52 such as

frozen food or a primal cut of meat.

(B) Except as specified in paragraph (C), a take-home food container refilled with

food that is not potentially hazardous shall be cleaned as specified under paragraph

5.6(C)(7)(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 paragraphs

5.2(D)(3)(A), (B), and (D).

SECTION 36. Food Storage

(A) Except as specified in paragraphs (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

subsequently cooked if the slash-resistant gloves have a smooth, durable, and

nonabsorbent outer surface; or if the slash-resistant gloves are covered with a smooth,

durable, nonabsorbent glove, or a single-use glove.

(D) Cloth gloves may not be used in direct contact with food unless the food is

subsequently cooked as required under 4.45-52 such as frozen food or a primal cut of

meat.

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

(B) Food in packages and working containers may be stored less than 15 cm (6 inches)

above the floor on case lot handling equipment as specified under 5.2(D)(22).

bottles or cans, and milk containers in plastic crates may be stored on a floor that is

clean and not exposed to floor moisture.

SECTION 34. Using Clean Tableware for Second Portions and Refills

SECTION 37. Food Storage, Prohibited Areas

(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.

Food may not be stored:

(A) In locker rooms;

(B) Except as specified in paragraph (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.

(B) In toilet rooms;

is a contamination-free process as specified under paragraphs 5.2(D)(3)(A), (B), and

(D).

(D) In garbage rooms;

SECTION 35. Refilling Returnables

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

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

at a food establishment with a potentially hazardous food.

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

under lines on which water has condensed;

(E) In mechanical rooms;

(H) Under unprotected stairwells; or

(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.

(I) Under other sources of contamination.

SECTION 38. 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.

by food employees trained in safe operating procedures.

SECTION 43. Returned Food and Reservice of Food

SECTION 39. Food Preparation

(A) Except as specified in paragraph (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.

During preparation, unpackaged food shall be protected from environmental sources

of contamination.

(B) Except as specified under paragraph 4.68(C), a container of food that is not

potentially hazardous may be transferred from one consumer to another if:

SECTION 40. 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.

(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.

SECTION 41. Condiments, Protection

SECTION 44. Returned Food and Reservice of Food

(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.

Food shall be protected from contamination that may result from a factor or source not

specified hereunder.

(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.

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

section, raw animal foods such as eggs, fish, meat, poultry, and foods containing these

raw animal foods, shall be cooked to heat all parts of the food to a temperature and for

a time that complies with one of the following methods based on the food that is being

cooked:

SECTION 42. 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, except when otherwise specifically authorized

and regulated by law. This paragraph does not apply to consumer self-service of

ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw

shellfish; ready-to-cook individual portions for immediate cooking and consumption

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

Mongolian barbecue; or raw, frozen, shell-on shrimp or lobster.

SECTION 45. Raw Animal Foods

(1) 63°C (145°F) or above for 15 seconds for:

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

consumer's order and for immediate service, and

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

paragraph (B) of this section, fish, meat, and pork including game

animals commercially raised for food as specified under

Subparagraph 4.7(A)(1) and game animals under a voluntary

inspection program as specified under Subparagraph 4.7(A)(2);

Temperature °C (°F)

(2) 68°C (155°F) for 15 seconds or the temperature specified in the

following chart that corresponds to the holding time for ratites and injected

meats; the following if they are comminuted: fish, meat, game animals

commercially raised for food as specified under Subparagraph 4.7(A)(1),

and game animals under a voluntary inspection program as specified under

Subparagraph 4.7(A)(2); and raw eggs that are not prepared as specified

under Subparagraph (A)(1)(a) of this section:

Minimum

Temperature °C (°F)

63 (145)

66 (150)

70 (158)

Time

3 minutes

1 minute

< 1 second (instantaneous)

;or

54.4 (130)

55.0 (131)

56.1 (133)

57.2 (135)

57.8 (136)

58.9 (138)

60.0 (140)

Time1 in Minutes

Temperature °C (°F)

112 63.9 (147)

89 65.0 (149)

56 66.1 (151)

36 67.2 (153)

28 68.3 (155)

18 69.4 (157)

12 70.0 (158)

61.1 (142)

62.2 (144)

62.8 (145)

Time1 in Seconds

134

(a) Holding time may include postoven heat rise.

for sale in a ready-to-eat form if:

(3) 74°C (165°F) or above for 15 seconds for poultry, wild game animals as

specified under Subparagraphs 4.7(A)(3) and (4), stuffed fish, stuffed meat,

stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish,

meat, poultry, or ratites.

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

ham, shall be cooked:

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

weight in the following chart and that is held at that temperature:

Oven Type Oven Temperature

Less than 4.5 kg (10 lbs) 4.5 kg (10 lbs)

Based on Roast Weight

Still Dry 177°C (350°F) or more 121°C

(250°F) or more

Convection 163°C (325°F) or more

121°C

(250°F) or more

High Humidity1 121°C (250°F) or less

121°C

(250°F) or less

(a) Relative humidity greater than 90% for at least 1 hour as

measured in the cooking chamber or exit of the oven; or in a

moisture-impermeable bag that provides 100% humidity; and

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

temperature and for the holding time that corresponds to that temperature:

(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 "wholemuscle, intact beef" as specified under paragraph 4.1(E), and

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

of 63°C (145°F) or above and a cooked color change is achieved on all

external surfaces.

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

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

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

paragraph (C) of this section, may be served or offered for sale in a ready-to-eat form

if:

(1) The food establishment serves a population that is not a highly

susceptible population, and

(2) The consumer is informed as specified under 4.66 that to ensure its

safety, the food should be cooked as specified under paragraph (A) or (B) of

this Section; or

(3) The regulatory authority grants a variance from paragraph (A) or (B) of

this section as specified in 9.1(C)(1) based on a HACCP plan that:

(a) Is submitted by the permit holder and approved as specified

under 9.1(C)(2),

SECTION 49. Records, Creation and Retention

(b) Documents scientific data or other information showing that a

lesser time and temperature regimen results in a safe food, and

and training of food employees at the food establishment meet the

conditions of the variance.

SECTION 46. 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;

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

equilibrium.

SECTION 47. Plant Food Cooking for Hot Holding

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

of 60°C (140°F).

SECTION 48. Freezing; Parasite Destruction

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

ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked

fish other than molluscan shellfish shall be:

(1) Frozen and stored at a temperature of -20°C (-4°F) or below for 168

hours (7 days) in a freezer; or

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

for 15 hours.

(B) If the fish are tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin

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

obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern), the fish may be

served or sold in a raw, raw-marinated, or partially cooked ready-to-eat form without

freezing as specified under paragraph (A) of this section.

(A) Except as specified in paragraph 4.45(B) and paragraph (B) of this section, if raw,

raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold

in ready-to-eat form, the person in charge shall record the freezing temperature and

time to which the fish are subjected and shall retain the records of the food

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

(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 4.48 may substitute for the records specified under paragraph (A) of

this section.

SECTION 50. Reheating; 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.

SECTION 51. Reheating for Hot Holding

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

section, potentially hazardous food that is cooked, cooled, and reheated for hot holding

shall be reheated so that all parts of the food reach a temperature of at least 74°C

(165°F) for 15 seconds.

(B) Except as specified under paragraph (C) of this section, potentially hazardous food

reheated in a microwave oven for hot holding shall be reheated so that all parts of the

food reach a temperature of at least 74°C (165°F) and the food is rotated or stirred,

covered, and allowed to stand covered for 2 minutes after reheating.

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

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

temperature of at least 60°C (140°F) for hot holding.

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

the temperature specified under paragraphs 4.58(A)(2) and 74°C (165°F) may not

exceed 2 hours.

(E) Remaining unsliced portions of roasts of beef that are cooked as specified under

paragraph 4.45(B) may be reheated for hot holding using the oven parameters and

minimum time and temperature conditions specified under paragraph 4.45(B).

SECTION 52. Other Methods; Treating Juice

Juice packaged in a food establishment shall be:

(A) Treated under a HACCP plan as specified in paragraphs 9.2(A)(2)(b),(e) to attain

a 5-log reduction, which is equal to a 99.999% reduction, of the most resistant

microorganism of public health significance; or

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

microorganism of public health significance:

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

food to rise above 5°C (41°F), or 7°C (45°F) as specified under paragraph

4.58(A)(2)(b), or

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

food requiring cooking as specified under paragraph 4.45(A) or (B) to be

above 5°C (41°F), or 7°C (45°F) as specified under paragraph 4.58(A)(2)(b),

for more than 4 hours including:

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

needed for preparation for cooking, or

(1) As specified under 4.65, and

(2) As specified in 21 CFR 101.17(g) with the phrase, "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."

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

temperature to 5°C (41°F), or 7°C (45°F) as specified under

paragraph 4.58(A)(2)(b);

SECTION 53. Frozen Food

(1) Cooked as specified under paragraph 4.45(A) or (B) or 4.46, or

Stored frozen foods shall be maintained frozen.

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

conventional cooking equipment, with no interruption in the process; or

SECTION 54. Potentially Hazardous Food, Slacking

Frozen potentially hazardous food that is slacked to moderate the temperature shall be

held:

(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.

SECTION 56. Cooling

(A) Under refrigeration that maintains the food temperature at 5°C (41°F) or less, or at

7°C (45°F) or less as specified under paragraph 4.58(A)(2)(b); or

(A) Cooked potentially hazardous food shall be cooled:

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

(1) Within 2 hours from 60°C (140°F) to 21°C (70°F); and

SECTION 55. Thawing

(2) Within 6 hours from 60°C (140°F) to 5°C (41°F) or less, or to 7°C

(45°F) or less as specified under paragraph 4.58(A)(2)(b).

Except as specified in paragraph (D) of this section, potentially hazardous food shall

be thawed:

(A) Under refrigeration that maintains the food temperature at 5°C (41°F) or less, or at

7°C (45°F) or less as specified under paragraph 4.58(A)(2)(b); or

(B) Completely submerged under running water:

(1) At a water temperature of 21°C (70°F) or below,

(B) Potentially hazardous food shall be cooled within 4 hours to 5°C (41°F) or less, or

to 7°C (45°F) as specified under paragraph 4.58(A)(2)(b) if prepared from ingredients

at ambient temperature, such as reconstituted foods and canned tuna.

received in compliance with laws allowing a temperature above 5°C (41°F) during

shipment from the supplier as specified in paragraph 4.8(B), shall be cooled within

4 hours to 5°C (41°F) or less, or 7°C (45°F) or less as specified under paragraph

4.58(A)(2)(b).

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

overflow, and

(D) Raw shell eggs shall be received as specified under paragraph 4.8(C) and

immediately placed in refrigerated equipment that maintains an ambient air

temperature of 7°C (45°F) or less.

SECTION 57. Cooling Methods

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

criteria specified under 4.56 by using one or more of the following methods based on

the type of food being cooled:

(1) Placing the food in shallow pans;

(a) 5°C (41°F) or less for a maximum of 7 days; or

(b) At 7°C (45°F) or between 5°C (41°F) and 7°C (45°C) for a

maximum of 4 days in existing refrigeration equipment that is not

capable of maintaining the food at 5°C (41°F) or less if:

(i) The equipment is in place and in use in the food

establishment, and

(ii) Within 2 years of the regulatory authority's issuance

of a variance, the equipment is upgraded or replaced to

maintain food at a temperature of 5°C (41°F) or less.

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

(3) Using rapid cooling equipment;

(B) Shell eggs that have not been treated to destroy all viable Salmonellae shall be

stored in refrigerated equipment that maintains an ambient air temperature of 7°C (45°

F) or less.

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

SECTION 59. Ready-to-Eat, Potentially Hazardous Food, Date Marking

(5) Using containers that facilitate heat transfer;

On-premises preparation-prepare and held cold:

(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 4.36(A)(2), during the cooling period to

facilitate heat transfer from the surface of the food.

SECTION 58. Potentially Hazardous Food, Hot and Cold Holding

(A) Except as specified in paragraph (D) of this section, refrigerated, ready-to-eat,

potentially hazardous food prepared and held in a food establishment for more than 24

hours shall be clearly marked to indicate the date or day by which the food shall be

consumed on the premises, sold, or discarded, based on the temperature and time

combinations specified in paragraph 4.58(A)(2)(b). The day of preparation shall be

counted as Day 1.

Commercially processed food open and held cold:

(B) Except as specified in paragraphs (D) and (E) of this section, refrigerated, readyto-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 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 paragraph 4.58(A)(2)(b); and

(A) Except during preparation, cooking, or cooling, or when time is used as the public

health control as specified under 4.61, and except as specified in paragraph (B) of this

section, potentially hazardous food shall be maintained:

(1) The day the original container is opened in the food establishment shall

be counted as Day 1; and

(1) At 60°C (140°F) or above, except that roasts cooked to a temperature

and for a time specified under paragraph 4.45(B) or reheated as specified in

paragraph 4.51(E) may be held at a temperature of 54°C (130°F); or

(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.

(2) At a temperature and time specified in the following:

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, may be marked as specified in

paragraph (A) or (B) of this section, or by an alternative method acceptable to the

regulatory authority.

(D) Paragraphs (A) and (B) of this section do not apply to individual meal portions

served or repackaged for sale from a bulk container upon a consumer's request.

(E) Paragraph (B) of this section does not apply to the following when the face has

been cut, but the remaining portion is whole and intact:

(1) Fermented sausages produced in a federally inspected food processing

plant that are not labeled "Keep Refrigerated" and which retain the original

casing on the product;

working supply of potentially hazardous food before cooking, or for ready-to-eat

potentially hazardous food that is displayed or held for service for immediate

consumption:

(1) The food shall be marked or otherwise identified to indicate the time that

is 4 hours past the point in time when the food is removed from temperature

control,

(2) The food shall be cooked and served, served if ready-to-eat, or discarded,

within 4 hours from the point in time when the food is removed from

temperature control,

(3) The food in unmarked containers or packages or marked to exceed a 4

hour limit shall be discarded, and

(2) Shelf stable, dry, fermented sausages; and

(3) Shelf stable salt-cured products such as prosciutto and Parma (ham)

produced in a federally inspected food processing plant that are not labeled

"Keep Refrigerated".

(4) Written procedures shall be maintained in the food establishment and

made available to the regulatory authority upon request, that ensure

compliance with:

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

(F) 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.

SECTION 60. Ready-to-Eat, Potentially Hazardous Food, Disposition

(b) 4.56 for food that is prepared, cooked, and refrigerated before

time is used as a public health control.

(B) In a food establishment that serves a highly susceptible population, time only,

rather than time in conjunction with temperature, may not be used as the public health

control for raw eggs.

(A) A food specified in paragraph 4.59(A) or (B) shall be discarded if it:

SECTION 62. Variance Requirement

(1) Exceeds either of the temperature and time combinations specified in

paragraph 4.58(A)(2)(b), except time that the product is frozen;

(A) A food establishment shall obtain a variance from the regulatory authority as

specified in 9.1(C)(1) and under 9.1(C)(2) before:

(2) Is in a container or package that does not bear a date or day; or

(3) Is appropriately marked with a date or day that exceeds a temperature

and time combination as specified in paragraph 4.58(A)(2)(b).

(1) Smoking food as a method of food preservation rather than as a method

of flavor enhancement;

(2) Curing food;

(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 paragraph 4.58(A)(2)(b).

(3) Using food additives or adding components such as vinegar:

(a) As a method of food preservation rather than as a method of

flavor enhancement, or

SECTION 61. Time as a Public Health Control

(b) To render a food so that it is not potentially hazardous;

(A) Except as specified under paragraph (B) of this section, if time only, rather than

time in conjunction with temperature, is used as the public health control for a

(4) Packaging food using a reduced oxygen packaging method except as

specified under 4.63 where a barrier to Clostridium botulinum in addition to

refrigeration exists;

(5) Operating a molluscan shellfish life-support system display tank used to

store and display shellfish that are offered for human consumption;

(6) Custom processing animals that are for personal use as food and not for

sale or service in a food establishment; or

(7) Preparing food by another method that is determined by the regulatory

authority to require a variance.

SECTION 63. Clostridium Botulinum Controls, Reduced Oxygen Packaging,

Criteria

(A) Except for a food establishment that obtains a variance as specified under 4.62, a

food establishment that packages food using a reduced oxygen packaging method and

Clostridium botulinum is identified as a microbiological hazard in the final packaged

form shall ensure that there are at least two barriers in place to control the growth and

toxin formation of Clostridium botulinum.

(B) A food establishment that packages food using a reduced oxygen packaging

method and Clostridium botulinum is identified as a microbiological hazard in the

final packaged form shall have a HACCP plan that contains the information specified

under paragraph 9.2(4)(d) and that:

(1) Identifies the food to be packaged;

(2) Limits the food packaged to a food that does not support the growth of

Clostridium botulinum because it complies with one of the following:

(4) Describes how the packages shall be prominently and conspicuously

labeled on the principal display panel in bold type on a contrasting

background, with instructions to:

(a) Maintain the food at 5°C (41°F) or below, and

(b) For food held at refrigeration temperatures, discard the food if

within 14 calendar days of its packaging it is not served for onpremises consumption, or consumed if served or sold for offpremises consumption;

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

packaging to consumption or the original manufacturer's "sell by" or "use

by" date, whichever occurs first;

(6) Includes operational procedures that:

(a) Prohibit contacting food with bare hands,

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

(i) Physical barriers or methods of separation of raw

foods and ready-to-eat foods minimize cross

contamination, and

(ii) Access to the processing equipment is limited to

responsible trained personnel familiar with the potential

hazards of the operation, and

surfaces; and

(a) Has an aw of 0.91 or less,

(b) Has a pH of 4.6 or less,

regulated by the U.S.D.A. using substances specified in 9 CFR

318.7 Approval of substances for use in the preparation of

products and 9 CFR 381.147 restrictions on the use of substances

in poultry products and is received in an intact package, or

(d) Is a food with a high level of competing organisms such as raw

meat or raw poultry;

(7) Describes the training program that ensures that the individual

responsible for the reduced oxygen packaging operation understands the:

(a) Concepts required for a safe operation,

(b) Equipment and facilities, and

and 9.2(d).

establishment may not package fish using a reduced oxygen packaging method.

(3) Specifies methods for maintaining food at 5°C (41°F) or below;

SECTION 64. Accurate Representation

(A) Standards of Identity.

Packaged food shall comply with standard of identity requirements in 21 CFR 131169 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.

(B) Honestly Presented.

(1) Food shall be offered for human consumption in a way that does not

mislead or misinform the consumer.

(2) Food or color additives, colored overwraps, or lights may not be used to

misrepresent the true appearance, color, or quality of a food.

ingredients, displayed on the retail container or by other written

means, such as a counter card, that discloses the use of

canthaxanthin.

(3) Bulk food that is available for consumer self-dispensing shall be

prominently labeled with the following information in plain view of the

consumer:

(a) The manufacturer's or processor's label that was provided with

the food; or

(b) A card, sign, or other method of notification that includes the

information specified under Subparagraphs (B)(1), (2), and (5) of

this section.

(4) Bulk, unpackaged foods such as bakery products and unpackaged foods

that are portioned to consumer specification need not be labeled if:

SECTION 65. Labeling

(a) A health, nutrient content, or other claim is not made;

(A) Food Labels.

(b) There are no state or local laws requiring labeling; and

(1) 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.

(2) Label information shall include:

(a) The common name of the food, or absent a common name, an

adequately descriptive identity statement;

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.

(B) Other Forms of Information.

(1) If required by law, consumer warnings shall be provided.

(b) If made from two or more ingredients, a list of ingredients in

descending order of predominance by weight, including a

declaration of artificial color or flavor and chemical preservatives,

if contained in the food;

(2) Food establishment or manufacturers' dating information on foods may

not be concealed or altered.

(3) Disclosure is satisfied when:

(a) Items are described, such as:

(d) The name and place of business of the manufacturer, packer, or

distributor; and

(e) 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.

(f) For any salmonid fish containing canthaxanthin as a color

additive, the labeling of the bulk fish container, including a list of

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

(ii) Raw-egg caesar salad, and

(iii) Hamburgers (can be cooked to order); or

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

(i) Are served raw or undercooked, or

(ii) Contain (or may contain) raw or undercooked

ingredients.

Section 66. Consumption of Animal Foods that are Raw, Undercooked, or Not

Otherwise Processed to Eliminate Pathogens

Except as specified in paragraph 4.45(C) and Subparagraph 4.45(D)(3) and under

paragraph 4.68(D), if an animal food such as beef, eggs, fish, lamb, milk, pork,

poultry, or shellfish that is raw, undercooked, or not otherwise processed to eliminate

pathogens is offered in a ready-to-eat form as a deli, menu, vended, or other item; or

as a raw ingredient in another ready-to-eat food, the permit holder shall inform

consumers by brochures, deli case or menu advisories, label statements, table tents,

placards, or other effective written means of the significantly increased risk associated

with certain especially vulnerable consumers eating such foods in raw or undercooked

form.

SECTION 67. Discarding or Reconditioning Unsafe, Adulterated, or

Contaminated Food

packaged juice or beverage containing juice, that bears a warning label as

specified under 4.52(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 in paragraph 9.8(A)(4)(b), (e) and as specified under

21 CFR PART 120 HAZARD ANALYSIS AND CRITICAL CONTROL

POINT (HACCP) SYSTEMS, Sec. 120.24 Process controls.

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

shall be substituted for raw shell eggs in the preparation of:

(1) Foods such as caesar salad, hollandaise or Béarnaise sauce, mayonnaise,

eggnog, ice cream, and egg-fortified beverages, and

(2) Except as specified in paragraph (E) of this Section, recipes in which

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

(D) The following foods may not be served or offered for sale in a ready-to-eat form:

(A) A food that is unsafe, adulterated, or not honestly presented as specified under ' 3101.11 shall be reconditioned according to an approved procedure or discarded.

(B) Food that is not from an approved source as specified under 4.1 through 4.7 shall

be discarded.

restricted or excluded as specified under 4.2 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.

SECTION 68. Pasteurized Foods, Prohibited Reservice, and Prohibited Food

(1) Raw animal foods such as raw fish, raw-marinated fish, raw molluscan

shellfish, and steak tartare,

(2) A partially cooked animal food such as lightly cooked fish, rare meat,

soft-cooked eggs that are made from raw shell eggs, and meringue, and

(3) Raw seed sprouts.

(E) Subparagraph (B)(2) of this section does not apply if:

(1) The raw eggs are combined immediately before cooking for one

consumer's serving at a single meal, cooked as specified under

Subparagraph 4.45(A)(1), and served immediately, such as an omelet,

soufflé, or scrambled eggs;

In a food establishment that serves a highly susceptible population:

(A) The following criteria apply to juice:

(1) For the purposes of this paragraph only, children who are age 9 or less

and receive food in a school, day care setting, or similar facility that

provides custodial care are included as highly susceptible populations;

(2) 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,

(2) Prepackaged juice or a prepackaged beverage containing juice, that bears

a warning label as specified in 21 CFR, Section 101.17(g) Food Labeling, or

(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

4.45(A)(2),

(d) Contains the information specified under 9.2(A)(4)(d)

including procedures that:

(i) Control cross contamination of ready-to-eat food with

raw eggs, and

(ii) Delineate cleaning and sanitization procedures for

food-contact surfaces, and

(e) Describes the training program that ensures that the food

employee responsible for the preparation of the food understands

the procedures to be used.

CHAPTER 5. EQUIPMENT, UTENSILS, AND LINENS

SECTION 1. Materials for Construction and Repair

(A) Characteristics. Materials that are used in the construction of utensils and foodcontact 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:

(1) Safe;

(2) Durable, corrosion-resistant, and nonabsorbent;

(3) Sufficient in weight and thickness to withstand repeated warewashing;

(4) Finished to have a smooth, easily cleanable surface; and

(5) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and

decomposition.

(B) Cast Iron, Use Limitation.

(1) Except as specified in paragraphs (2) and (3) of this section, cast iron

may not be used for utensils or food-contact surfaces of equipment.

(3) Cast iron may be used in utensils for serving food if the utensils are used

only as part of an uninterrupted process from cooking through service.

crystal utensils, and decorative utensils such as hand painted ceramic or china that are

used in contact with food shall be lead-free or contain levels of lead not exceeding the

limits of the following utensil categories:

Utensil Category

Description

Maximum

Lead mg/L

0.5

Hot Beverage Mugs

Coffee Mugs

Large Hollowware

Small Hollowware

Bowls greater than or equal to 1.1

L(1.16 QT)

Bowls < 1.1 L(1.16 QT)

2.0

Flat Utensils

Plates, Saucers

3.0

(D) Copper, Use Limitation.

(1) Except as specified in paragraph (B) of this section, copper and copper

alloys such as brass may not be used in contact with a food that has a pH

below 6 such as vinegar, fruit juice, or wine or for a fitting or tubing

installed between a backflow prevention device and a carbonator.

(2) Copper and copper alloys may be used in contact with beer brewing

ingredients that have a pH below 6 in the prefermentation and fermentation

steps of a beer brewing operation such as a brewpub or microbrewery.

(E) 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.

(E) Sponges, Use Limitation. Sponges may not be used in contact with cleaned and

sanitized or in-use food-contact surfaces.

(F) Lead in Pewter Alloys, Use Limitation. Pewter alloys containing lead in excess of

0.05% may not be used as a food-contact surface.

(G) Lead in Solder and Flux, Use Limitation. Solder and flux containing lead in excess

of 0.2% may not be used as a food-contact surface.

(2) Cast iron may be used as a surface for cooking.

(2) Shall be:

(H) Wood, Use Limitation.

(a) Safe, and

(1) Except as specified in paragraphs (B), (C), and (D) of this Section, wood

and wood wicker may not be used as a food-contact surface.

(b) Clean.

(2) Hard maple or an equivalently hard, close-grained wood may be used

for:

(a) Cutting boards; cutting blocks; bakers' tables; and utensils such

as rolling pins, doughnut dowels, salad bowls, and chopsticks; and

(b) Wooden paddles used in confectionery operations for pressure

scraping kettles when manually preparing confections at a

temperature of 110°C (230°F) or above.

may be kept in the wood shipping containers in which they were

received, until the fruits, vegetables, or nuts are used.

(d) If the nature of the food requires removal of rinds, peels,

husks, or shells before consumption, the whole, uncut, raw food

may be kept in:

SECTION 2. Design and Construction

(A) Durability and Strength.

(1) Equipment and Utensils. Equipment and utensils shall be designed and

constructed to be durable and to retain their characteristic qualities under

normal use conditions.

(2) Food Temperature Measuring Devices. Food temperature measuring

device 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.

(B) Cleanability.

(1) Food-Contact Surfaces. Multiuse food-contact surfaces shall be:

(i) Untreated wood containers; or

(a) Smooth;

(ii) Treated wood containers if the containers are treated

with a preservative that meets the requirements specified

in 21 CFR 178.3800 Preservatives for wood.

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

similar imperfections;

(I) 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.

(J) 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.

(d) Finished to have smooth welds and joints; and

(e) Except as specified in paragraph (B) of this section, accessible

for cleaning and inspection by one of the following methods:

(i) Without being disassembled,

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

(K) Single-Service and Single-Use. Materials that are used to make single-service and

single-use articles:

(1) May not:

(iii) By easy disassembling with the use of handheld

tools commonly available to maintenance and cleaning

personnel such as screwdrivers, pliers, open-end

wrenches, and Allen wrenches.

(a) Allow the migration of deleterious substances, or

(b) Impart colors, odors, or tastes to food; and

(2) Subparagraph (1)(e) of this Section does not apply to cooking oil storage

tanks, distribution lines for cooking oils, or beverage syrup lines or tubes.

(a) Food temperature measuring device that are scaled only in

Celsius or dually scaled in Celsius and Fahrenheit shall be

accurate to "1°C in the intended range of use.

(3) CIP Equipment. CIP equipment shall meet the characteristics specified

under subparagraph (B) and shall be designed and constructed so that:

(b) Food temperature measuring device that are scaled only in

Fahrenheit shall be accurate to "2°F in the intended range of use.

(a) Cleaning and sanitizing solutions circulate throughout a fixed

system and contact all interior food-contact surfaces, and

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

drained of cleaning and sanitizing solutions; and

(2) Temperature Measuring Devices, Ambient Air, and Water.

(a) Ambient air and water temperature measuring device that are

scaled in Celsius or dually scaled in Celsius and Fahrenheit shall

be designed to be easily readable and accurate to "1.5°C in the

intended range of use.

cleaning shall be designed with inspection access points to ensure

that all interior food-contact surfaces throughout the fixed system

are being effectively cleaned.

(b) Ambient air and water temperature measuring device that are

scaled only in Fahrenheit shall be accurate to "3°F in the intended

range of use.

(4) "V" Threads, Use Limitation. Except for hot oil cooking or filtering

equipment, "V" type threads may not be used on food-contact surfaces.

(5) Hot Oil Filtering Equipment. Hot oil filtering equipment shall meet the

characteristics specified under 5.2(B)(1) or 5.2(B)(3) and shall be readily

accessible for filter replacement and cleaning of the filter.

(6) Can Openers. Cutting or piercing parts of can openers shall be readily

removable for cleaning and for replacement.

(7) 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.

(8) 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 5.2(B)(1)(e) or capable of being rotated open; and

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

equipment doors.

(9) 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.

(1) Temperature Measuring Devices, Food.

(3) Pressure Measuring Devices, Mechanical Warewashing Equipment.

Pressure measuring devices that display the pressures in the water supply

line for the fresh hot water sanitizing rinse shall have increments of 7

kilopascals (1 pounds per square inch) or smaller and shall be accurate to "

14 kilopascals (" 2 pounds per square inch) in the 100-170 kilopascals (1525 pounds per square inch) range.

(D) Functionality.

(1) 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.

(2) Equipment Openings, Closures and Deflectors.

(a) A cover or lid for equipment shall overlap the opening and be

sloped to drain.

(b) An opening located within the top of a unit of equipment that

is designed for use with a cover or lid shall be flanged upward at

least 5 millimeters (two-tenths of an inch).

piping, temperature measuring device, rotary shafts, and other

parts extending into equipment shall be provided with a watertight

joint at the point where the item enters the equipment.

(b) If a watertight joint is not provided:

(i) The piping, temperature measuring device, rotary

shafts, and other parts extending through the openings

shall be equipped with an apron designed to deflect

condensation, drips, and dust from openings into the

food; and

(2) The opening shall be flanged as specified under

paragraph (B) of this section.

(3) Dispensing Equipment, Protection of Equipment and Food. In equipment

that dispenses or vends liquid food or ice in unpackaged form:

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.

(5) Bearings and Gear Boxes, Leakproof. Equipment containing bearings

and gears that require lubricants shall be designed and constructed so that

the lubricant can not leak, drip, or be forced into food or onto food-contact

surfaces.

(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;

(6) Beverage Tubing, Separation. Beverage tubing and cold-plate beverage

cooling devices may not be installed in contact with stored ice. This section

does not apply to cold plates that are constructed integrally with an ice

storage bin.

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

manual contact such as by being recessed;

(7) Ice Units, Separation of Drains. Liquid waste drain lines may not pass

through an ice machine or ice storage bin.

vend liquid food or ice in unpackaged form to self-service

consumers shall be designed so that the delivery tube or chute and

orifice are protected from dust, insects, rodents, and other

contamination by a self-closing door if the equipment is:

(8) 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.

(1) Located in an outside area that does not otherwise

afford the protection of an enclosure against the rain,

windblown debris, insects, rodents, and other

contaminants that are present in the environment, or

(2) Available for self-service during hours when it is not

under the full-time supervision of a food employee; and

(D) The dispensing equipment actuating lever or mechanism and

filling device of consumer self-service beverage dispensing

equipment shall be designed to prevent contact with the lip-contact

surface of glasses or cups that are refilled.

(4) 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

(9) 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.

(10) Molluscan Shellfish Tanks.

(A) Except as specified under paragraph (B) of this section,

molluscan shellfish life support system display tanks may not be

used to display shellfish that are offered for human consumption

and shall be conspicuously marked so that it is obvious to the

consumer that the shellfish are for display only.

(B) Molluscan shellfish life-support system display tanks that are

used to store and display shellfish that are offered for human

consumption shall be operated and maintained in accordance with

a variance granted by the regulatory authority as specified in

9.1(C)(1) and a HACCP plan that:

(1) Is submitted by the permit holder and approved as

specified under 9.1(C)(2); and

(2) Ensures that:

(i) Water used with fish other than molluscan

shellfish does not flow into the molluscan

tank,

(ii) The safety and quality of the shellfish as

they were received are not compromised by

the use of the tank, and

(iii) The identity of the source of the

shellstock is retained as specified under 4.19.

(11) Vending Machines, Automatic Shutoff.

(A) A machine vending potentially hazardous food shall have an

automatic control that prevents the machine from vending food:

(1) If there is a power failure, mechanical failure, or

other condition that results in an internal machine

temperature that can not maintain food temperatures as

specified under Chapter 3; and

(2) If a condition specified under Subparagraph (A)(1)

of this section occurs, until the machine is serviced and

restocked with food that has been maintained at

temperatures specified under Chapter 3.

(B) When the automatic shutoff within a machine vending

potentially hazardous food is activated:

(1) In a refrigerated vending machine, the ambient

temperature may not exceed any time/temperature

combination as specified under paragraph 4.58(A)(2)(b)

for more than 30 minutes immediately after the machine

is filled, serviced, or restocked; or

(2) In a hot holding vending machine, the ambient

temperature may not be less than 60°C (140°F) for more

than 120 minutes immediately after the machine is

filled, serviced, or restocked.

(12) 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 paragraph (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

temperature measuring device that is located to allow easy

viewing of the device's temperature display.

which the placement of a temperature measuring device is not a

practical means for measuring the ambient air surrounding the

food because of the design, type, and use of the equipment, such

as calrod units, heat lamps, cold plates, bainmaries, steam tables,

insulated food transport containers, and salad bars.

(D) Temperature measuring devices shall be designed to be easily

readable.

(E) Food temperature measuring device and water temperature

measuring device on warewashing machines shall have a

numerical scale, printed record, or digital readout in increments no

greater than 1°C or 2°F in the intended range of use.

(13) Warewashing Machine, Data Plate Operating Specifications. A

warewashing machine shall be provided with an easily accessible and

readable data plate affixed to the machine by the manufacturer that indicates

the machine's design and operating specifications including the:

(A) Temperatures required for washing, rinsing, and sanitizing;

(B) Pressure required for the fresh water sanitizing rinse unless the

machine is designed to use only a pumped sanitizing rinse; and

stationary rack machines.

(14) 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.

(15) Warewashing Machines, Temperature Measuring Devices. A

warewashing machine shall be equipped with a temperature measuring

device that indicates the temperature of the water:

machine that uses only a pumped or recirculated sanitizing rinse.

(19) Warewashing Sinks and Drainboards, Self-Draining. Sinks and

drainboards of warewashing sinks and machines shall be self-draining.

(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.

(16) Manual Warewashing equipment, Heaters and Baskets. If hot water is

used for sanitization in manual warewashing operations, the sanitizing

compartment of the sink shall be:

(A) Designed with an integral heating device that is capable of

maintaining water at a temperature not less than 77°C (171°F);

and

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

equipment and utensils into the hot water.

(17) Warewashing Machines, Automatic Dispensing of Detergents and

Sanitizers. A warewashing machine that is installed after adoption of this

Code by the regulatory authority, shall be designed and equipped to:

(A) Automatically dispense detergents and sanitizers; and

(B) Incorporate a visual means to verify that detergents and

sanitizers are delivered or a visual or audible alarm to signal if the

detergents and sanitizers are not delivered to the respective

washing and sanitizing cycles.

(18) Warewashing Machines, Flow Pressure Device.

(20) Equipment Compartments, Drainage. Equipment compartments that are

subject to accumulation of moisture due to conditions such as condensation,

food or beverage drip, or water from melting ice shall be sloped to an outlet

that allows complete draining.

(21) Vending Machines, Liquid Waste Products.

(A) Vending machines designed to store beverages that are

packaged in containers made from paper products shall be

equipped with diversion devices and retention pans or drains for

container leakage.

(B) Vending machines that dispense liquid food in bulk shall be:

(1) Provided with an internally mounted waste

receptacle for the collection of drip, spillage, overflow,

or other internal wastes; and

(2) Equipped with an automatic shutoff device that will

place the machine out of operation before the waste

receptacle overflows.

section shall prevent water or liquid food from continuously

running if there is a failure of a flow control device in the water or

liquid food system or waste accumulation that could lead to

overflow of the waste receptacle.

(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

(22) Case Lot Handling Equipment, Moveability. Equipment, such as

dollies, pallets, racks, and skids used to store and transport large quantities

of packaged foods received from a supplier in a cased or overwrapped lot,

shall be designed to be moved by hand or by conveniently available

equipment such as hand trucks and forklifts.

(B) If the flow pressure measuring device is upstream of the fresh

hot water sanitizing rinse control valve, the device shall be

mounted in a 6.4 millimeter or one-fourth inch Iron Pipe Size

(IPS) valve.

(23) Vending Machine Doors and Openings.

(A) Vending machine doors and access opening covers to food

and container storage spaces shall be tight-fitting so that the space

along the entire interface between the doors or covers and the

cabinet of the machine, if the doors or covers are in a closed

position, is no greater than 1.5 millimeters or one-sixteenth inch

by:

(1) Being covered with louvers, screens, or materials

that provide an equivalent opening of not greater than

1.5 millimeters or one-sixteenth inch. Screening of 12 or

more mesh to 2.5 centimeters (12 mesh to 1 inch) meets

this requirement;

machine or alternative equipment as specified in paragraph (C) of

this section shall be used.

there are special cleaning needs or constraints and its use is

approved. Alternative manual warewashing equipment may

include:

(2) Being effectively gasketed;

(i) High-pressure detergent sprayers;

(3) Having interface surfaces that are at least 13

millimeters or one-half inch wide; or

(ii) Low- or line-pressure spray detergent foamers;

(iii) Other task-specific cleaning equipment;

(4) Jambs or surfaces used to form an L-shaped entry

path to the interface.

(B) Vending machine service connection openings through an

exterior wall of a machine shall be closed by sealants, clamps, or

grommets so that the openings are no larger than 1.5 millimeters

or one-sixteenth inch.

(iv) Brushes or other implements;

(v) 2-compartment sinks as specified under paragraphs

(D) and (E) of this section; or

(vi) Receptacles that substitute for the compartments of

a multi compartment sink.

(E) Acceptability.

(d) Before a 2-compartment sink is used:

(1) Food Equipment, Certification and Classification. Food equipment that is certified

or classified for sanitation by an American National Standards Institute (ANSI)accredited certification program will be deemed to comply with Parts 5.1 and 5.2 of

this chapter.

SECTION 3. Numbers and Capacities

(A) Equipment.

(1) 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.

(i) The permit holder shall have its use approved; and

(ii) The permit holder shall limit the number of

kitchenware items cleaned and sanitized in the 2compartment 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:

(aa) Make up the cleaning and sanitizing

solutions immediately before use and drain

them immediately after use, and

(2) Manual Warewashing, Sink Compartment Requirements.

(a) A sink must have at least 2 compartments and be appropriately

designed to effectively provide 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

(bb) Use a detergent-sanitizer to sanitize and

apply the detergent-sanitizer in accordance

with the manufacturer's label instructions and

as specified under 5.5(A)(15), or (a) Use a hot

water sanitization immersion step as specified

under paragraph 5.6(C)(6).

(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.

(3) 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) 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.

(3) 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) Sanitizing Solutions, Testing Devices. A test kit or other device that

accurately measures the concentration in mg/L of sanitizing solutions shall

be provided.

SECTION 4. Location and Installation

(A) Location.

(5) Clothes Washers and Dryers.

(A) Except as specified in paragraph (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

5.9(B)(2), a mechanical clothes washer and dryer need not be

provided.

(B) Utensils, Temperature Measuring Devices, and Testing Devices.

(1) Equipment, Clothes Washers and Dryers, and Storage Cabinets,

Contamination Prevention.

(2) Except as specified in paragraph (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;

(1) 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.

(3) In garbage rooms;

(2) Food Temperature Measuring Devices.

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

drips;

(A) Food temperature measuring device 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 smalldiameter 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.

an accurate and regularly calibrated temperature measuring device

and a time and temperature of the food process shall be utilized by

food establishments.

(4) In mechanical rooms;

(6) Under leaking water lines including leaking automatic fire

sprinkler heads or under lines on which water has condensed;

(7) Under unprotected stairwells; or

(8) Under other sources of contamination.

(3) A storage cabinet used for linens or single-service or single-use articles

may be stored in a locker room.

(4) If a mechanical clothes washer or dryer is provided, it shall be located so

that the washer or dryer is protected from contamination and only where

there is no exposed food; clean equipment, utensils, and linens; and

unwrapped single-service and single-use articles.

centimeter (4 inch) clearance between the table or floor and the

equipment.

(B) Installation.

(1) Fixed Equipment, Spacing or Sealing.

(e) The clearance space between the table and table-mounted

equipment may be:

(a) Equipment that is fixed because it is not easily movable shall

be installed so that it is:

(i) 7.5 centimeters (3 inches) if the horizontal distance of

the table top under the equipment is no more than 50

centimeters (20 inches) from the point of access for

cleaning; or

(ii) Spaced to allow access for cleaning along the sides,

behind, and above the equipment;

(ii) Spaced from adjoining equipment, walls, and

ceilings a distance of not more than 1 millimeter or one

thirty-second inch; or

(iii) Sealed to adjoining equipment or walls, if the

equipment is exposed to spillage or seepage.

(b) Table-mounted equipment that is not easily movable shall be

installed to allow cleaning of the equipment and areas underneath

and around the equipment by being:

(i) Sealed to the table; or

(ii) Elevated on legs or by other stable means as

specified under paragraph 5.2(B)(2)(D).

(2) Fixed Equipment, Elevation or Sealing.

(a) Except as specified in paragraphs (B) and (C) of this section,

floor-mounted equipment that is not easily movable shall be sealed

to the floor or elevated on legs that provide at least a 15 centimeter

(6 inch) clearance between the floor and the equipment.

(b) If no part of the floor under the floor-mounted equipment is

more than 15 centimeters (6 inches) from the point of cleaning

access, the clearance space may be only 10 centimeters (4 inches).

refrigeration units, and display freezer units located in the

consumer shopping areas of a retail food store, if the floor under

the units is maintained clean.

(d) Except as specified in paragraph (E) of this section, tablemounted or other equipment that is not easily movable shall be

elevated on legs or by other stable means that provide at least a 10

(ii) 5 centimeters (2 inches) if the horizontal distance of

the table top under the equipment is no more than 7.5

centimeters (3 inches) from the point of access for

cleaning

SECTON 5. Maintenance and Operation

(A) Equipment.

(1) Good Repair and Proper Adjustment.

(a) Equipment shall be maintained in a state of repair and

condition that meets the requirements specified under Parts 5.1

and 5.2.

(b) Equipment components such as doors, seals, hinges, fasteners,

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

accordance with the manufacturer's or comparable specifications.

minimize the creation of metal fragments that can contaminate

food when the container is opened.

(2) 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.

(3) Microwave Ovens. Microwave ovens shall meet the safety standards

specified in 21 CFR 1030.10.

(4) 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 5.3(A)(3) 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

(5) Warewashing Machines, Manufacturers' Operating Instructions.

(a) A warewashing machine and its auxiliary components shall be

operated in accordance with the machine's data plate and other

manufacturer's instructions.

(b) A warewashing machine's conveyor speed or automatic cycle

times shall be maintained accurately timed in accordance with

manufacturer's specifications.

(6) Warewashing Sinks, Use Limitation.

(a) A warewashing sink may not be used for hand washing as

specified under 3.5(E)(2).

(b) If a warewashing sink is used to wash wiping cloths, wash

produce, or thaw food, the sink shall be cleaned as specified under

5.5(A)(4) 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 5.7 before and after

using the sink to wash produce or thaw food.

(7) 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 5.3(A)(2)(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.

(8) Warewashing Equipment, Clean Solutions. The wash, rinse, and sanitize

solutions shall be maintained clean.

(9) Manual Warewa

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