3−501.14 Cooling. Cooked TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be cooled: Within 2 hours from 57°C (135°F) to 21°C (70°F); P and Within a total of 6 hours from 57°C (135°F) to 5°C (41°F) or less. P TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be cooled within 4 hours to 5°C (41°F) or less, if: Prepared from ingredients at ambient temperature, such as reconstituted FOODS and canned tuna. P Cheese curds received as specified in ¶ 3−202.11 (G), which are intended to be sold at temperatures of 5°C (41°F) or less. P Except as specified in ¶ (D) of this section, a TIME/TEMPERATURE CONTROL FOR SAFETY FOOD received in compliance with LAWS allowing a temperature above 5°C (41°F) during shipment from the supplier as specified in ¶¶ 3−202.11 (B) and (G), shall be cooled within 4 hours to 5°C (41°F) or less. P |
(D) Raw EGGS shall be received as specified under ¶ 3−202.11 (C) and immediately placed in refrigerated EQUIPMENT that maintains an ambient air temperature of 5°C (41°F) or less. P 3−501.15 Cooling Methods. Cooling shall be accomplished in accordance with the time and temperature criteria specified under § 3−501.14 by using one or more of the following methods based on the type of FOOD being cooled: Placing the FOOD in shallow pans; Pf |
Separating the FOOD into smaller or thinner portions; Pf Using rapid cooling EQUIPMENT; Pf Stirring the FOOD in a container placed in an ice water bath; Pf |
Using containers that facilitate heat transfer; Pf Adding ice as an ingredient; Pf or Other effective methods. Pf |
When placed in cooling or cold holding EQUIPMENT, FOOD containers in which FOOD is being cooled shall be: Arranged in the EQUIPMENT to provide maximum heat transfer through the container walls; and Loosely covered, or uncovered if protected from overhead contamination as specified under Subparagraph 3−305.11 (A) (2), during the cooling period to facilitate heat transfer from the surface of the FOOD. 3−501.16 Time/Temperature Control for Safety Food, Hot and Cold Holding. (A) Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under § 3−501.19, and except as specified under ¶¶ (B) - (D) of this section, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be maintained: (1) At 57°C (135°F) or above, except that roasts cooked to a temperature and for a time specified in ¶ 3−401.11 (B) or reheated as specified in ¶ 3−403.11 (E) may be held at a temperature of 54°C (130°F) or above; P or |
(2) At 5°C (41°F) or less. P EGGS that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated EQUIPMENT that maintains an ambient air temperature of 5°C (41°F) or less. P TIME/TEMPERATURE CONTROL FOR SAFETY FOOD in a homogenous liquid form may be maintained outside of the temperature control requirements, as specified under ¶ (A) of this section, while contained within specially designed EQUIPMENT that complies with the design and construction requirements as specified under ¶ 4−204.13 (E). |
on−premises preparation • prepare and hold cold | 3−501.17 Ready−to−Eat, Time/Temperature Control for Safety Food, Date Marking. (A) Except when PACKAGING FOOD using a REDUCED OXYGEN PACKAGING method as specified under § 3−502.12, and except as specified in ¶¶ (E), (F), and (H) of this section, refrigerated, READY−TO−EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared and held in a FOOD ESTABLISHMENT for more than 24 hours shall be clearly marked to indicate the date or day by which the FOOD shall be consumed on the PREMISES, sold, or discarded when held at a temperature and time combination of 5°C (41°F) or less for a maximum of 7 days. The day of preparation shall be counted as Day 1. Pf |
commercially processed food • open and hold cold | Except as specified in ¶¶ (E) - (H) of this section, refrigerated, READY−TO−EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared and PACKAGED by a FOOD PROCESSING PLANT shall be clearly marked at the time the original container is opened in a FOOD ESTABLISHMENT and, if the FOOD is held for more than 24 hours, to indicate the date or day by which the FOOD shall be consumed on the PREMISES, sold, or discarded, based on the temperature and time combinations specified in ¶ (A) of this section and; Pf The day the original container is opened in the FOOD ESTABLISHMENT shall be counted as Day 1; Pf and The day or date marked by the FOOD ESTABLISHMENT may not exceed a manufacturer’s use−by date if the manufacturer determined the use−by date based on FOOD safety. Pf A refrigerated, READY−TO−EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD ingredient or a portion of a refrigerated, READY−TO−EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is subsequently combined with additional ingredients or portions of FOOD shall retain the date marking of the earliest−prepared or first−prepared ingredient. Pf A date marking system that meets the criteria stated in ¶¶ (A) and (B) of this section may include: Using a method APPROVED by the REGULATORY AUTHORITY for refrigerated, READY−TO−EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine; |
Marking the date or day of preparation, with a procedure to discard the FOOD on or before the last date or day by which the FOOD must be consumed on the premises, sold, or discarded as specified under ¶ (A) of this section; Marking the date or day the original container is opened in a FOOD ESTABLISHMENT, with a procedure to discard the FOOD on or before the last date or day by which the FOOD must be consumed on the premises, sold, or discarded as specified under ¶ (B) of this section; or Using calendar dates, days of the week, color−coded marks, or other effective marking methods, provided that the marking system is disclosed to the REGULATORY AUTHORITY upon request. |
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. Paragraphs (A) and (B) of this section do not apply to SHELLSTOCK. Paragraph (B) of this section does not apply to the following FOODS prepared and PACKAGED by a FOOD PROCESSING PLANT inspected by a REGULATORY AUTHORITY: Deli salads, such as ham salad, seafood salad, chicken salad, EGG salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 CFR 117 - Current Good Manufacturing Practice, Hazard Analysis, And Risk-Based Preventive Controls For Human Food; Hard cheeses containing not more than 39% moisture as defined in 21 CFR 133 - Cheeses and related cheese products, such as cheddar, gruyere, parmesan and reggiano, and romano; Semi−soft cheeses containing more than 39% moisture, but not more than 50% moisture, as defined in 21 CFR 133 Cheeses and related cheese products, such as blue, edam, gorgonzola, gouda, and monterey jack; Cultured dairy products as defined in 21 CFR 131 Milk and cream, such as yogurt, sour cream, and buttermilk; Preserved FISH products, such as pickled herring and dried or salted cod, and other acidified FISH products defined in 21 CFR 114 Acidified foods; Shelf stable, dry fermented sausages, such as pepperoni and Genoa ; and Shelf stable salt−cured products such as prosciutto and Parma (ham). |
(H) Paragraphs (A) and (B) of this section do not apply to cheese curds held under ¶ 3-501.19 (D). |
3−501.18 Ready−to−Eat, Time/Temperature Control for Safety Food, Disposition. A FOOD specified in ¶ 3−501.17 (A) or (B) shall be discarded if it: Exceeds the temperature and time combination specified in ¶ 3−501.17 (A), except time that the product is frozen; P Is in a container or PACKAGE that does not bear a date or day; P or Is appropriately marked with a date or day that exceeds a temperature and time combination as specified in ¶ 3−501.17 (A). P Refrigerated, READY−TO−EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD prepared in a FOOD ESTABLISHMENT and dispensed through a VENDING MACHINE with an automatic shutoff control shall be discarded if it exceeds a temperature and time combination as specified in ¶ 3−501.17 (A). P 3−501.19 Time as a Public Health Control. (A) Except as specified under ¶ (E) of this section, if time without temperature control is used as the public health control for a working supply of TIME/TEMPERATURE CONTROL FOR SAFETY FOOD before cooking, or for READY−TO−EAT TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is displayed or held for sale or service: (1) Written procedures shall be prepared in advance, maintained in the FOOD ESTABLISHMENT and made available to the REGULATORY AUTHORITY upon request that specify: Pf Methods of compliance with Subparagraphs (B)(1) - (4), (C)(1) - (5), or (D)(1) - (6) of this section; Pf and Methods of compliance with § 3−501.14 for FOOD that is prepared, cooked, and refrigerated before time is used as a public health control. Pf |
Time - maximum up to 4 hours | (B) If time without temperature control is used as the public health control up to a maximum of 4 hours: |
The FOOD shall have an initial temperature of 5°C (41°F) or less when removed from cold holding temperature control, or 57°C (135°F) or greater when removed from hot holding temperature control; P The FOOD shall be marked or otherwise identified to indicate the time that is 4 hours past the point in time when the FOOD is removed from temperature control; Pf The FOOD shall be cooked and served, served at any temperature if READY−TO−EAT, or discarded, within 4 hours from the point in time when the FOOD is removed from temperature control; P and The FOOD in unmarked containers or PACKAGES, or marked to exceed a 4−hour limit shall be discarded. P |
Time - maximum up to 6 hours | (C) If time without temperature control is used as the public health control up to a maximum of 6 hours: The FOOD shall have an initial temperature of 5°C (41°F) or less when removed from temperature control and the FOOD temperature may not exceed 21°C (70°F) within a maximum time period of 6 hours; P The FOOD shall be monitored to ensure the warmest portion of the FOOD does not exceed 21°C (70°F) during the 6−hour period, unless an ambient air temperature is maintained that ensures the FOOD does not exceed 21°C (70°F) during the 6−hour holding period; Pf The FOOD shall be marked or otherwise identified to indicate: Pf The time when the FOOD is removed from 5°C (41°F) or less cold holding temperature control, Pf and The time that is 6 hours past the point in time when the FOOD is removed from cold holding temperature control; Pf The FOOD shall be: Discarded if the temperature of the FOOD exceeds 21°C (70°F),P or Cooked and served, served at any temperature if READY−TO−EAT, or discarded within a maximum of 6 hours from the point in time when the FOOD is removed from 5°C (41°F) or less cold holding temperature control; P and The FOOD in unmarked containers or PACKAGES, or marked with a time that exceeds the 6−hour limit shall be discarded. P |
Time — Cheese Curds intended for the production of Cheddar cheese | If time without temperature control used as the public health control to display cheese curds intended for the production of Cheddar cheese: The cheese curds shall not be held for more than 24 hours from the time of manufacturing; P The cheese curds must be manufactured according to LAW; P The cheese curds must be PACKAGED at a FOOD ESTABLISHMENT or FOOD PROCESSING PLANT; Pf The cheese curds must be labeled as specified in § 3−602.11 including the date or the date and time of manufacture; Pf and Note: Cheese curds marked only with the date of manufacture must be discarded by 12:00pm of that date if held at ambient temperature. Cheese curds marked with the date and time of manufacture may be held up to 24 hour from the date and time of manufacture prior to being discarded if held at ambient temperature. The establishment shall maintain records indicating the amount of product displayed and the amount of product discarded for each day that cheese curds are displayed at ambient temperature for sale. Pf Cheese curds in unmarked containers or PACKAGES that exceed the 24−hour limit, shall be discarded. P A FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION may not use time as specified under ¶¶ (A) to (D) of this section as the public health control for raw EGGS and cheese curds intended for the production of Cheddar cheese. |
Specialized Processing Methods | 3−502.11 Variance Requirement. A FOOD ESTABLISHMENT shall obtain a VARIANCE from the DEPARTMENT as specified in § 1−104.11 and under § 1−105.12 before: Pf Smoking FOOD as a method of FOOD preservation rather than as a method of flavor enhancement; Pf Curing FOOD; Pf Using FOOD ADDITIVES or adding components such as vinegar: Pf As a method of FOOD preservation rather than as a method of flavor enhancement, Pf or To render a FOOD so that it is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD; Pf |
PACKAGING TIME/TEMPERATURE CONTROL FOR SAFETY FOOD using a REDUCED OXYGEN PACKAGING method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified under § 3−502.12 ; Pf Operating a MOLLUSCAN SHELLFISH life−support system display tank used to store or display shellfish that are offered for human consumption; Pf Custom processing animals that are for personal use as FOOD and not for sale or service in a FOOD ESTABLISHMENT; Pf Preparing FOOD by another method that is determined by the DEPARTMENT to require a VARIANCE; Pf or Sprouting seeds or beans. Pf The slaughter and evisceration of FISH, other than MOLLUSCAN SHELLFISH. Pf |
Clostridium botulinum and Listeria monocytogenes Controls | 3−502.12 Reduced Oxygen Packaging Without a Variance, Criteria. Except for a FOOD ESTABLISHMENT that obtains a VARIANCE as specified under § 3−502.11, a FOOD ESTABLISHMENT that PACKAGES TIME/TEMPERATURE CONTROL FOR SAFETY FOOD using a REDUCED OXYGEN PACKAGING method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes. P Except as specified under ¶ (F) of this section, a FOOD ESTABLISHMENT that PACKAGES TIME/TEMPERATURE CONTROL FOR SAFETY FOOD using a REDUCED OXYGEN PACKAGING method shall implement a HACCP PLAN that contains the information specified by the DEPARTMENT under §§ 1-106.11 and 1-106.12 and that: Pf Identifies the FOOD to be PACKAGED; Pf Except as specified under ¶¶ (C) - (E) of this section, requires that the PACKAGED FOOD shall be maintained at 5°C (41°F) or less and meet at least one of the following criteria: Pf Has a Aw of 0.91 or less, Pf Has a pH of 4.6 or less, Pf Is a MEAT or POULTRY product cured at a FOOD PROCESSING PLANT regulated by the USDA or DEPARTMENT using substances specified in 9 CFR 424.21, Use of food ingredients and sources of radiation, and is received in an intact PACKAGE, Pf or Is a FOOD with a high level of competing organisms such as raw MEAT, raw POULTRY, or raw vegetables; Pf |
Describes how the PACKAGE shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to: Pf Maintain the FOOD at 5°C (41°F) or below, Pf and Discard the FOOD if within 30 calendar days of its PACKAGING if it is not served for on−PREMISES consumption, or consumed if served or sold for off−PREMISES consumption; Pf Limits the refrigerated shelf life to no more than 30 calendar days from PACKAGING to consumption, except the time the product is maintained frozen, or the original manufacturer’s “sell by” or “use by” date, whichever occurs first; P Includes operational procedures that: Prohibit contacting READY−TO−EAT FOOD with bare hands as specified under ¶ 3−301.11 (B), Pf Identify a designated work area and the method by which: Pf Physical barriers or methods of separation of raw FOODS and READY−TO− EAT FOODS minimize cross contamination, Pf and Access to the processing EQUIPMENT is limited to responsible trained personnel familiar with the potential HAZARDS of the operation, Pf and Delineate cleaning and SANITIZATION procedures for FOOD−CONTACT SURFACES; Pf and Describes the training program that ensures that the individual responsible for the REDUCED OXYGEN PACKAGING operation understands the: Pf Concepts required for a safe operation, Pf EQUIPMENT and facilities, Pf and Procedures specified under Subparagraph (B) (5) of this section and ¶ 1-106.12. Pf Is provided to the DEPARTMENT prior to implementation as specified under ¶¶ 1-106.11 and 1-106.13. |
Fish | (C) Except for FISH that is frozen before, during, and after PACKAGING, a FOOD ESTABLISHMENT may not PACKAGE FISH using a REDUCED OXYGEN PACKAGING method. P |
Cook−Chill or Sous Vide | (D) Except as specified under ¶ (C) and ¶ (F) of this section, a FOOD ESTABLISHMENT that PACKAGES TIME/TEMPERATURE CONTROL FOR SAFETY FOOD using a cook−chill or sous vide process shall: Provide to the DEPARTMENT prior to implementation, a HACCP PLAN that contains the information as specified by the DEPARTMENT under §§ 1-106.11 and 1-106.12; Pf Ensure the FOOD is: Prepared and consumed on the PREMISES, or prepared and consumed off the PREMISES but within the same business entity with no distribution or sale of the PACKAGED product to another business entity or the CONSUMER, Pf Cooked to heat all parts of the FOOD to a temperature and for a time as specified under §§ 3−401.11 (A), (B), and (C), P Protected from contamination before and after cooking as specified under Parts 3−3 and 3−4, P Placed in a PACKAGE with an oxygen barrier and sealed before cooking, or placed in a PACKAGE and sealed immediately after cooking and before reaching a temperature below 57°C (135°F), P Cooled to 5°C (41°F) in the sealed PACKAGE or bag as specified under § 3−501.14 and: P Cooled to 1°C (34°F) within 48 hours of reaching 5°C (41°F) and held at that temperature until consumed or discarded within 30 days after the date of PACKAGING; P Held at 5°C (41°F) or less for no more than 7 days, at which time the FOOD must be consumed or discarded; P or Held frozen with no shelf life restriction while frozen until consumed or used. P Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily, Pf If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation, Pf and Labeled with the product name and the date PACKAGED; Pf and |
Maintain the records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as part of the HACCP PLAN and: Make such records available to the REGULATORY AUTHORITY upon request, Pf and Hold such records for at least 6 months; Pf and Implement written operational procedures as specified under Subparagraph (B)(5) of this section and a training program as specified under Subparagraph (B)(6) of this section. Pf |
Cheese | Except as specified under ¶ (F) of this section, a FOOD ESTABLISHMENT that PACKAGES cheese using a REDUCED OXYGEN PACKAGING method shall: Limit the cheeses PACKAGED to those that are commercially manufactured in a FOOD PROCESSING PLANT with no ingredients added in the FOOD ESTABLISHMENT and that meet the Standards of Identity as specified in 21 CFR 133.150 — Hard cheeses, 21 CFR 133.169 — Pasteurized process cheese or 21 CFR 133.187 — Semisoft cheeses; P Have a HACCP PLAN that contains the information specified by the DEPARTMENT under § 1-106.12 and as specified under ¶¶ (B)(1), (B)(3)(a), (B)(5), and (B)(6) of this section; Pf Labels the PACKAGE on the principal display panel with a “use by” date that does not exceed 30 days from its PACKAGING or the original manufacturer’s “sell by” or “use by” date, whichever occurs first; Pf and Discards the REDUCED OXYGEN PACKAGED cheese if it is not sold for off−PREMISES consumption or consumed within 30 calendar days of its PACKAGING. Pf |
A HACCP PLAN is not required when a FOOD ESTABLISHMENT uses a REDUCED OXYGEN PACKAGING method to PACKAGE TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is always: Labeled with the production time and date, Held at 5°C (41°F) or less during refrigerated storage, and Removed from its PACKAGE in the FOOD ESTABLISHMENT within 48 hours after PACKAGING. |
3−6 | FOOD IDENTITY, PRESENTATION, AND ON−PREMISES LABELING |
Subparts 3−601 Accurate Representation 3−602 Labeling 3−603 Consumer Advisory |
Accurate Representation | 3−601.11 Standards of Identity. PACKAGED FOOD shall comply with standard of identity requirements in 21 CFR 131 to 169 and 9 CFR 319 Definitions and standards of identity or composition, and the general requirements in 21 CFR 130 - Food Standards: General and 9 CFR 319 Subpart A - General. 3−601.12 Honestly Presented. FOOD shall be offered for human consumption in a way that does not mislead or misinform the CONSUMER. FOOD or COLOR ADDITIVES, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a FOOD. |
Labeling | 3−602.11 Food Labels. 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. Label information shall include: The common name of the FOOD, or absent a common name, an adequately descriptive identity statement; If made from two or more ingredients, a list of ingredients and subingredients in descending order of predominance by weight, including a declaration of artificial colors, artificial flavors and chemical preservatives, if contained in the FOOD; An accurate declaration of the net quantity of contents; The name and place of business of the manufacturer, packer, or distributor; and The name of the FOOD source for each MAJOR FOOD ALLERGEN contained in the FOOD unless the FOOD source is already part of the common or usual name of the respective ingredient. Pf Except as exempted in the Federal Food, Drug, and Cosmetic Act § 403 (q) (3) - (5), nutrition labeling as specified in 21 CFR 101 - Food Labeling and 9 CFR 317 Subpart B Nutrition Labeling. |
(7) For any salmonid FISH containing canthaxanthin or astaxanthin as a COLOR ADDITIVE, the labeling of the bulk FISH container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin or astaxanthin. Bulk FOOD that is available for CONSUMER self−dispensing shall be prominently labeled with the following information in plain view of the CONSUMER: The manufacturer’s or processor’s label that was provided with the FOOD; or A card, sign, or other method of notification that includes the information specified under Subparagraphs (B)(1), (2), and (5) of this section. Bulk, unPACKAGED FOODS such as bakery products and unPACKAGED FOODS that are portioned to CONSUMER specification need not be labeled if: A health, nutrient content, or other claim is not made; and There are no state or local LAWS requiring labeling. The FOOD is manufactured or prepared on the PREMISES of the FOOD ESTABLISHMENT or at another FOOD ESTABLISHMENT or a FOOD PROCESSING PLANT that is owned by the same PERSON and is regulated by the FOOD regulatory agency that has jurisdiction. 3−602.12 Other Forms of Information. If required by LAW, CONSUMER warnings shall be provided. FOOD ESTABLISHMENT or manufacturers’ dating information on FOODS may not be concealed or altered. |
Consumer Advisory | 3−603.11 Consumption of Animal Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens. (A) Except as specified in ¶ 3−401.11 (C) and Subparagraph 3−401.11 (D)(4) and under ¶ 3−801.11 (C), if an animal FOOD such as beef, EGGS, FISH, lamb, pork , POULTRY, shellfish, or any other FOOD item allowed by LAW that is served or sold raw, undercooked, or without otherwise being PROCESSED to eliminate pathogens, either in READY−TO−EAT form or as an ingredient in another READY−TO−EAT FOOD, the LICENSE HOLDER shall inform CONSUMERS of the significantly increased RISK of consuming such FOODS by way of a DISCLOSURE and REMINDER, as specified in ¶¶ (B) and (C) of this section, using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means. Pf |
DISCLOSURE shall include: A description of the animal−derived FOODS, such as “oysters on the half shell (raw oysters),” and “raw−EGG Caesar salad,” and “hamburgers (can be cooked to order);” Pf or Identification of the animal−derived FOODS by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients. Pf REMINDER shall include asterisking the animal−derived FOODS requiring DISCLOSURE to a footnote that states: Regarding the safety of these items, written information is available upon request; Pf Whether dining out or preparing FOOD at home, consuming raw or undercooked MEATS, POULTRY, seafood, shellfish, or EGGS may increase your RISK of foodborne illness; Pf or Whether dining out or preparing FOOD at home, consuming raw or undercooked MEATS, POULTRY, seafood, shellfish, or EGGS may increase your RISK of foodborne illness, especially if you have certain medical conditions. Pf |
3−7 | CONTAMINATED FOOD Subparts 3−701 Disposition |
Disposition | 3−701.11 Discarding or Reconditioning Unsafe, Adulterated, or Contaminated Food. FOOD that is unsafe, ADULTERATED, or not honestly presented as specified under § 3−101.11 shall be discarded or reconditioned according to an APPROVED procedure. P FOOD that is not from an APPROVED source as specified under §§ 3−201.11 - 3−201.17 shall be discarded. P READY−TO−EAT FOOD that may have been contaminated by an EMPLOYEE who has been RESTRICTED or EXCLUDED as specified under § 2−201.12 shall be discarded. P FOOD that is contaminated by FOOD EMPLOYEES, CONSUMERS, or other PERSONS through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means shall be discarded. P |
3−8 | SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE POPULATIONS Subparts 3−801 Additional Safeguards |
Additional Safeguards | 3−801.11 Pasteurized Foods, Prohibited Re-−Service, and Prohibited Food. In a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE POPULATION: The following criteria apply to JUICE: 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; PrePACKAGED JUICE or a prePACKAGED BEVERAGE containing JUICE, that bears a warning label as specified in 21 CFR 101.17 (g) Food labeling, warning, notice, and safe handling statements, JUICES that have not been specifically PROCESSED to prevent, reduce, or eliminate the presence of pathogens, or a PACKAGED JUICE or BEVERAGE containing JUICE, that bears a warning label as specified under ¶ 3−404.11 (B) may not be served or offered for sale; P and 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 required by the DEPARTMENT under § 1-106.12, and as specified in 21 CFR 120 - Hazard Analysis and Critical Control Point (HACCP) Systems, Subpart B Pathogen Reduction, 120.24 Process controls. P Pasteurized EGGS or EGG PRODUCTS shall be substituted for raw EGGS in the preparation of: P FOODS such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, EGGnog, ice cream, and EGG−fortified BEVERAGES, P and Except as specified in ¶ (F) of this section, recipes in which more than one EGG is broken and the EGGS are combined. P The following FOODS may not be served or offered for sale in a READY−TO−EAT form: P Raw animal FOODS such as raw FISH, raw−marinated FISH, raw MOLLUSCAN SHELLFISH, and steak tartare; P A partially cooked animal FOOD such as lightly cooked FISH, rare MEAT, soft−cooked EGGS that are made from raw shell EGGS, and meringue; P and |
(3) Raw seed sprouts. P FOOD EMPLOYEES may not contact READY−TO−EAT FOOD as specified under ¶¶ 3−301.11 (B) and (E). P Time only, as the public health control as specified under ¶ 3−501.19 (E), may not be used for raw EGGS and cheese curds. P Subparagraph (B)(2) of this section does not apply if: The raw EGGS are combined immediately before cooking for one CONSUMER’S serving at a single meal, cooked as specified under Subparagraph 3−401.11 (A)(1), and served immediately, such as an omelet, soufflé, or scrambled EGGS; 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 The preparation of the FOOD is conducted under a HACCP PLAN that: Identifies the FOOD to be prepared, Prohibits contacting READY−TO−EAT FOOD with bare hands, Includes specifications and practices that ensure: Salmonella Enteritidis growth is controlled before and after cooking, and Salmonella Enteritidis is destroyed by cooking the EGGS according to the temperature and time specified in Subparagraph 3−401.11 (A) (2), Contains the information specified by the DEPARTMENT under 1-106.12, including procedures that: Control cross contamination of READY−TO−EAT FOOD with raw EGGS, and Delineate cleaning and SANITIZATION procedures for FOOD−CONTACT SURFACES, and Describes the training program that ensures that the FOOD EMPLOYEE responsible for the preparation of the FOOD understands the procedures to be used. |
Re-service of Food | (G) Except as specified in Paragraph (H) of this section, FOOD may be re−served as specified under Subparagraph 3−306.14 (B)(1) and (2). |
Prohibited Re-service of Food | (H) FOOD may not be re−served under the following conditions: Any FOOD served to patients or clients who are under contact precautions in medical isolation or quarantine, or protective environment isolation may not be re−served to others outside. Packages of FOOD from any patients, clients, or other CONSUMERS should not be re−served to PERSONS in protective environment isolation. |
Parts | 4−1 MATERIALS FOR CONSTRUCTION AND REPAIR 4−2 DESIGN AND CONSTRUCTION |
4−3 | NUMBERS AND CAPACITIES |
4−4 | LOCATION AND INSTALLATION |
4−5 | MAINTENANCE AND OPERATION |
4−6 | CLEANING OF EQUIPMENT AND UTENSILS |
4−7 | SANITIZATION OF EQUIPMENT AND UTENSILS |
4−8 | LAUNDERING |
4−9 | PROTECTION OF CLEAN ITEMS |
4-1 | MATERIALS FOR CONSTRUCTION AND REPAIR Subparts 4−101 Multiuse |
4−102 | Single−Service and Single−Use |
Multiuse | 4−101.11 Characteristics. Materials that are used in the construction of UTENSILS and FOOD−CONTACT SURFACES of EQUIPMENT may not allow the migration of deleterious substances or impart colors, odors, or tastes to FOOD and under normal use conditions shall be: P Safe; P Durable, CORROSION−RESISTANT, and nonabsorbent; Sufficient in weight and thickness to withstand repeated WAREWASHING; Finished to have a SMOOTH, EASILY CLEANABLE surface; and Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition. |
4−101.12 Cast Iron, Use Limitation. Except as specified in ¶¶ (B) and (C) of this section, cast iron may not be used for UTENSILS or FOOD−CONTACT SURFACES of EQUIPMENT. Cast iron may be used as a surface for cooking. Cast iron may be used in UTENSILS for serving FOOD if the UTENSILS are used only as part of an uninterrupted process from cooking through service. 4−101.13 Lead, Use Limitation. (A) Ceramic, china, and crystal UTENSILS, and decorative UTENSILS such as hand painted ceramic or china that are used in contact with FOOD shall be lead−free or contain levels of lead not exceeding the limits of the following UTENSIL categories: P
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Pewter alloys containing lead in excess of 0.05% may not be used as a FOOD−CONTACT SURFACE. P Solder and flux containing lead in excess of 0.2% may not be used as a FOOD−CONTACT SURFACE. 4−101.14 Copper, Use Limitation. Except as specified in ¶ (B) of this section, copper and copper alloys such as brass may not be used in contact with a FOOD that has a pH below 6 such as vinegar, fruit JUICE, or wine or for a fitting or tubing installed between a backflow prevention device and a carbonator. P Copper and copper alloys may be used in contact with beer brewing ingredients that have a pH below 6 in the prefermentation and fermentation steps of a beer brewing operation such as a brewpub or microbrewery. |
4−101.15 Galvanized Metal, Use Limitation. Galvanized metal may not be used for UTENSILS or FOOD−CONTACT SURFACES of EQUIPMENT that are used in contact with acidic FOOD. P 4−101.16 Sponges, Use Limitation. Sponges may not be used in contact with cleaned and SANITIZED or in−use FOOD−CONTACT SURFACES. 4−101.17 Wood, Use Limitation. Except as specified in ¶¶ (B), (C), and (D) of this section, wood and wood wicker may not be used as a FOOD−CONTACT SURFACE. Hard maple or an equivalently hard, close−grained wood may be used for: Cutting boards; cutting blocks; bakers’ tables; and UTENSILS such as rolling pins, doughnut dowels, salad bowls, and chopsticks; and Wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of 110°C (230°F) or above. Whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used. 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: |
Untreated wood containers; or Treated wood containers if the containers are treated with a preservative that meets the requirements specified in 21 CFR 178.3800 Preservatives for wood. 4−101.18 Nonstick Coatings, Use Limitation. Multiuse KITCHENWARE such as frying pans, griddles, sauce pans, cookie sheets, and waffle bakers that have a perfluorocarbon resin coating shall be used with nonscoring or nonscratching UTENSILS and cleaning aids. 4−101.19 Nonfood−Contact Surfaces. NonFOOD−CONTACT SURFACES of EQUIPMENT that are exposed to splash, spillage, or other FOOD soiling or that require frequent cleaning shall be constructed of a CORROSION−RESISTANT, nonabsorbent, and SMOOTH material. |
Single−Service and Single−Use | 4−102.11 Characteristics. Materials that are used to make SINGLE−SERVICE and SINGLE−USE ARTICLES: May not: Allow the migration of deleterious substances, P or Impart colors, odors, or tastes to FOOD; and Shall be: Safe, P and Clean. |
4-2 | DESIGN AND CONSTRUCTION Subparts 4−201 Durability and Strength 4−202 Cleanability 4−203 Accuracy 4−204 Functionality 4−205 Acceptability |
Durability and Strength | 4−201.11 | Equipment and Utensils. |
EQUIPMENT and UTENSILS shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. 4−201.12 Food Temperature Measuring Devices. FOOD TEMPERATURE MEASURING DEVICES may not have sensors or stems constructed of glass, except that thermometers with glass sensors or stems that are encased in a shatterproof coating such as candy thermometers may be used. P |
Cleanability | 4−202.11 Food−Contact Surfaces. Multiuse FOOD−CONTACT SURFACES shall be: SMOOTH; Pf Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections; Pf Free of sharp internal angles, corners, and crevices; Pf |
Finished to have SMOOTH welds and joints; Pf and Except as specified in ¶ (B) of this section, accessible for cleaning and inspection by one of the following methods: Without being disassembled, Pf By disassembling without the use of tools, Pf or By easy disassembling with the use of handheld tools commonly available to maintenance and cleaning personnel such as screwdrivers, pliers, open−end wrenches, and Allen wrenches. Pf Subparagraph (A)(5) does not apply to cooking oil storage tanks, distribution lines for cooking oils, or BEVERAGE syrup lines or tubes. 4−202.12 CIP Equipment. (A) CIP EQUIPMENT shall meet the characteristics specified under § 4−202.11 and shall be designed and constructed so that: Cleaning and SANITIZING solutions circulate throughout a fixed system and contact all interior FOOD−CONTACT SURFACES, Pf and The system is self−draining or capable of being completely drained of cleaning and SANITIZING solutions; and |
(B) CIP EQUIPMENT that is not designed to be disassembled for cleaning shall be designed with inspection access points to ensure that all interior FOOD−CONTACT SURFACES throughout the fixed system are being effectively cleaned. 4−202.13 “V” Threads, Use Limitation. Except for hot oil cooking or filtering EQUIPMENT, “V” type threads may not be used on FOOD−CONTACT SURFACES. 4−202.14 Hot Oil Filtering Equipment. Hot oil filtering EQUIPMENT shall meet the characteristics specified under § 4−202.11 or 4−202.12 and shall be readily accessible for filter replacement and cleaning of the filter. |
4−202.15 Can Openers. Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement. 4−202.16 Nonfood−Contact Surfaces. NonFOOD−CONTACT SURFACES shall be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance. 4−202.17 Kick Plates, Removable. Kick plates shall be designed so that the areas behind them are accessible for inspection and cleaning by being: Removable by one of the methods specified under Subparagraph 4−202.11 (A)(5) or capable of being rotated open; and Removable or capable of being rotated open without unlocking EQUIPMENT doors. 4−202.18 Ventilation Hood Systems, Filters. Filters or other grease extracting EQUIPMENT shall be designed to be readily removable for cleaning and replacement if not designed to be cleaned in place. |
Accuracy | 4−203.11 Temperature Measuring Devices, Food. (A) FOOD TEMPERATURE MEASURING DEVICES that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit shall be accurate to ± 1°C in the intended range of use. Pf (B) FOOD TEMPERATURE MEASURING DEVICES that are scaled only in Fahrenheit shall be accurate to ± 2°F in the intended range of use. Pf 4−203.12 Temperature Measuring Devices, Ambient Air and Water. Ambient air and water TEMPERATURE MEASURING DEVICES that are scaled in Celsius or dually scaled in Celsius and Fahrenheit shall be designed to be easily readable and accurate to ± 1.5°C in the intended range of use. Pf Ambient air and water TEMPERATURE MEASURING DEVICES that are scaled only in Fahrenheit shall be accurate to ± 3°F in the intended range of use. Pf |
4−203.13 Pressure Measuring Devices, Mechanical Warewashing Equipment. Pressure measuring devices that display the pressures in the water supply line for the fresh hot water SANITIZING rinse shall have increments of 7 kilopascals (1 pound per square inch) or smaller and shall be accurate to ± 14 kilopascals (± 2 pounds per square inch) in the range indicated on the manufacturer’s data plate. |
Functionality | 4−204.11 Ventilation Hood Systems, Drip Prevention. Exhaust ventilation hood systems in FOOD preparation and WAREWASHING areas including components such as hoods, fans, guards, and ducting shall be designed to prevent grease or condensation from draining or dripping onto FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE−SERVICE and SINGLE−USE ARTICLES. 4−204.12 Equipment Openings, Closures and Deflectors. A cover or lid for EQUIPMENT shall overlap the opening and be sloped to drain. 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). Except as specified under ¶ (D) of this section, fixed piping, TEMPERATURE MEASURING DEVICES, rotary shafts, and other parts extending into EQUIPMENT shall be provided with a watertight joint at the point where the item enters the EQUIPMENT. If a watertight joint is not provided: The piping, TEMPERATURE MEASURING DEVICES, rotary shafts, and other parts extending through the openings shall be equipped with an apron designed to deflect condensation, drips, and dust from openings into the FOOD; and The opening shall be flanged as specified under ¶ (B) of this section. |
4−204.13 Dispensing Equipment, Protection of Equipment and Food. In EQUIPMENT that dispenses or vends liquid FOOD or ice in unPACKAGED form: 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; The delivery tube, chute, and orifice shall be protected from manual contact such as by being recessed; The delivery tube or chute and orifice of EQUIPMENT used to vend liquid FOOD or ice in unPACKAGED form to self−service CONSUMERS shall be designed so that the delivery tube or chute and orifice are protected from dust, insects, rodents, and other contamination by a self−closing door if the EQUIPMENT is: 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 Available for self−service during hours when it is not under the full−time supervision of a FOOD EMPLOYEE; and 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. Dispensing EQUIPMENT in which TIME/TEMPERATURE CONTROL FOR SAFETY FOOD in a homogenous liquid form is maintained outside of the temperature control requirements as specified under ¶ 3−501.16 (A) shall: Be specifically designed and equipped to maintain the commercial sterility of aseptically PACKAGED FOOD in a homogenous liquid form for a specified duration from the time of opening of the PACKAGING within the EQUIPMENT; P and Conform to the requirements for this EQUIPMENT as specified in NSF/ANSI 18−2006−Manual Food and Beverage Dispensing Equipment. P 4−204.14 Vending Machine, Vending Stage Closure. The dispensing compartment of a VENDING MACHINE including a machine that is designed to vend prePACKAGED snack FOOD that is not TIME/TEMPERATURE CONTROL FOR SAFETY FOOD such as chips, party mixes, and pretzels shall be equipped with a self− closing door or cover if the machine is: |
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 Available for self−service during hours when it is not under the full−time supervision of a FOOD EMPLOYEE. 4−204.15 Bearings and Gear Boxes, Leakproof. EQUIPMENT containing bearings and gears that require lubricants shall be designed and constructed so that the lubricant cannot leak, drip, or be forced into FOOD or onto FOOD−CONTACT SURFACES. 4−204.16 Beverage Tubing, Separation. Except for cold plates that are constructed integrally with an ice storage bin, BEVERAGE tubing and cold−plate BEVERAGE cooling devices may not be installed in contact with stored ice. 4−204.17 Ice Units, Separation of Drains. Liquid waste drain lines may not pass through an ice machine or ice storage bin. 4−204.18 Condenser Unit, Separation. If a condenser unit is an integral component of EQUIPMENT, the condenser unit shall be separated from the FOOD and FOOD storage space by a dustproof barrier. 4−204.19 Can Openers on Vending Machines. Cutting or piercing parts of can openers on VENDING MACHINES shall be protected from manual contact, dust, insects, rodents, and other contamination. 4−204.110 Molluscan Shellfish Tanks. Except as specified under ¶ (B) of this section, MOLLUSCAN SHELLFISH life support system display tanks may not be used to display shellfish that are offered for human consumption and shall be conspicuously marked so that it is obvious to the CONSUMER that the shellfish are for display only. P 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 DEPARTMENT as specified in § 1−105.11 and under § 1−105.12 and a HACCP PLAN that: Pf (1) Is submitted by the LICENSE HOLDER and APPROVED as specified by the DEPARTMENT under 1-106.11 and 1-106.12; Pf and |
(2) Ensures that: Water used with FISH other than MOLLUSCAN SHELLFISH does not flow into the molluscan tank, Pf The safety and quality of the shellfish as they were received are not compromised by the use of the tank, Pf and The identity of the source of the SHELLSTOCK is retained as specified under § 3−203.12. Pf 4−204.111 Vending Machines, Automatic Shutoff. A machine vending TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall have an automatic control that prevents the machine from vending FOOD: If there is a power failure, mechanical failure, or other condition that results in an internal machine temperature that cannot maintain FOOD temperatures as specified under Chapter 3; P and If a condition specified under Subparagraph (A)(1) of this section occurs, until the machine is serviced and restocked with FOOD that has been maintained at temperatures specified under Chapter 3. P When the automatic shutoff within a machine vending TIME/TEMPERATURE CONTROL FOR SAFETY FOOD is activated: In a refrigerated VENDING MACHINE, the ambient temperature may not exceed 5°C (41°F) for more than 30 minutes immediately after the machine is filled, serviced, or restocked; P or In a hot holding VENDING MACHINE, the ambient temperature may not be less than 57°C (135°F) for more than 120 minutes immediately after the machine is filled, serviced, or restocked. P 4−204.112 Temperature Measuring Devices. 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. Except as specified in ¶ (C) of this section, cold or hot holding EQUIPMENT used for TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be designed to include and shall be equipped with at least one integral or permanently affixed TEMPERATURE MEASURING DEVICE that is located to allow easy viewing of the device’s temperature display. |
Paragraph (B) of this section does not apply to EQUIPMENT for which the placement of a TEMPERATURE MEASURING DEVICE is not a practical means for measuring the ambient air surrounding the FOOD because of the design, type, and use of the EQUIPMENT, such as calrod units, heat lamps, cold plates, bainmaries, steam tables, insulated FOOD transport containers, and salad bars. TEMPERATURE MEASURING DEVICES shall be designed to be easily readable. FOOD TEMPERATURE MEASURING DEVICES and water TEMPERATURE MEASURING DEVICES on WAREWASHING machines shall have a numerical scale, printed record, or digital readout in increments no greater than 1°C or 2°F in the intended range of use. Pf 4−204.113 Warewashing Machine, Data Plate Operating Specifications. A WAREWASHING machine shall be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer that indicates the machine’s design and operating specifications including the: Temperatures required for washing, rinsing, and SANITIZING; Pressure required for the fresh water SANITIZING rinse unless the machine is designed to use only a pumped SANITIZING rinse; and Conveyor speed for conveyor machines or cycle time for stationary rack machines. 4−204.114 Warewashing Machines, Internal Baffles. WAREWASHING machine wash and rinse tanks shall be equipped with baffles, curtains, or other means to minimize internal cross contamination of the solutions in wash and rinse tanks. 4−204.115 Warewashing Machines, Temperature Measuring Devices. A WAREWASHING machine shall be equipped with a TEMPERATURE MEASURING DEVICE that indicates the temperature of the water: In each wash and rinse tank; Pf and As the water enters the hot water SANITIZING final rinse manifold or in the chemical SANITIZING solution tank. Pf 4−204.116 Manual Warewashing Equipment, Heaters and Baskets. If hot water is used for SANITIZATION in manual WAREWASHING operations, the SANITIZING compartment of the sink shall be: |
Designed with an integral heating device that is capable of maintaining water at a temperature not less than 77°C (171°F); Pf and Provided with a rack or basket to allow complete immersion of EQUIPMENT and UTENSILS into the hot water. Pf 4−204.117 Warewashing Machines, Automatic Dispensing of Detergents and Sanitizers. A WAREWASHING machine that is installed after adoption of this Code by the department, shall be equipped to: Automatically dispense detergents and SANITIZERS; Pf and Incorporate a visual means to verify that detergents and SANITIZERS are delivered or a visual or audible alarm to signal if the detergents and SANITIZERS are not delivered to the respective washing and SANITIZING cycles. Pf 4−204.118 Warewashing Machines, Flow Pressure Device. 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 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. Paragraphs (A) and (B) of this section do not apply to a machine that uses only a pumped or recirculated SANITIZING rinse. 4−204.119 Warewashing Sinks and Drainboards, Self−Draining. Sinks and drainboards of WAREWASHING sinks and machines shall be self−draining. 4−204.120 Equipment Compartments, Drainage. EQUIPMENT compartments that are subject to accumulation of moisture due to conditions such as condensation, FOOD or BEVERAGE drip, or water from melting ice shall be sloped to an outlet that allows complete draining. 4−204.121 Vending Machines, Liquid Waste Products. (A) VENDING MACHINES designed to store BEVERAGES that are PACKAGED in containers made from paper products shall be equipped with diversion devices and retention pans or drains for container leakage. |
VENDING MACHINES that dispense liquid FOOD in bulk shall be: Provided with an internally mounted waste receptacle for the collection of drip, spillage, overflow, or other internal wastes; and Equipped with an automatic shutoff device that will place the machine out of operation before the waste receptacle overflows. Shutoff devices specified under Subparagraph (B)(2) of this section shall prevent water or liquid FOOD from continuously running if there is a failure of a flow control device in the water or liquid FOOD system or waste accumulation that could lead to overflow of the waste receptacle. 4−204.122 Case Lot Handling Equipment, Moveability. Apparatuses, such as dollies, pallets, racks, and skids used to store and transport large quantities of PACKAGED FOODS received from a supplier in a cased or overwrapped lot, shall be designed to be moved by hand or by conveniently available apparatuses such as hand trucks and forklifts. 4−204.123 Vending Machine Doors and Openings. 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: 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; Being effectively gasketed; Having interface surfaces that are at least 13 millimeters or one−half inch wide; or Jambs or surfaces used to form an L−shaped entry path to the interface. 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. |
Equipment Standards | 4−205.11 Food Equipment, Certification and Classification. (A) Except as specified under ¶ (B) of this section, FOOD EQUIPMENT that is certified or classified for sanitation by an American National Standards Institute |
(ANSI) −accredited certification program is deemed to comply with Parts 4−1 and 4−2 of this Chapter. (B) For FOOD EQUIPMENT that is not certified or classified for sanitation by an American National Standards Institute (ANSI) −accredited certification program, the specifications for the equipment shall be submitted by the LICENSE HOLDER to the DEPARTMENT for evaluation. |
4-3 | NUMBERS AND CAPACITIES Subparts 4-301 Equipment 4-302 Utensils, Temperature Measuring Devices, and Testing Devices 4-303 Cleaning Agents and Sanitizers |
Equipment | 4−301.11 Cooling, Heating, and Holding Capacities. EQUIPMENT for cooling and heating FOOD, and holding cold and hot FOOD, shall be sufficient in number and capacity to provide FOOD temperatures as specified under Chapter 3. Pf 4−301.12 Manual Warewashing, Sink Compartment Requirements. Except as specified in ¶ (C) of this section, a sink with at least 3 compartments shall be provided for manually washing, rinsing, and SANITIZING EQUIPMENT and UTENSILS. Pf Sink compartments shall be large enough to accommodate immersion of the largest EQUIPMENT and UTENSILS. If EQUIPMENT or UTENSILS are too large for the WAREWASHING sink, a WAREWASHING machine or alternative EQUIPMENT as specified in ¶ (C) of this section shall be used. Pf Alternative manual WAREWASHING EQUIPMENT may be used when there are special cleaning needs or constraints and its use is APPROVED by the DEPARTMENT. Alternative manual WAREWASHING EQUIPMENT may include: (1) High−pressure detergent sprayers; (2) Low− or line−pressure spray detergent foamers; (3) Other task−specific cleaning EQUIPMENT; (4) Brushes or other implements; (5) 2−compartment sinks as specified under ¶¶ (D) and (E) of this section; or |
(6) Receptacles that substitute for the compartments of a multicompartment sink. Before a 2−compartment sink is used: The LICENSE HOLDER shall have its use APPROVED by the DEPARTMENT; and The LICENSE HOLDER shall limit the number of KITCHENWARE items cleaned and SANITIZED in the 2−compartment sink, and shall limit WAREWASHING to batch operations for cleaning KITCHENWARE such as between cutting one type of raw MEAT and another or cleanup at the end of a shift, and shall: Make up the cleaning and SANITIZING solutions immediately before use and drain them immediately after use, and Use a detergent−SANITIZER to SANITIZE and apply the detergent−SANITIZER in accordance with the manufacturer’s label instructions as specified under § 4−501.115, or Use a hot water SANITIZATION immersion step as specified under ¶ 4−603.16 (C). A 2−compartment sink may not be used for WAREWASHING operations where cleaning and SANITIZING solutions are used for a continuous or intermittent flow of KITCHENWARE or TABLEWARE in an ongoing WAREWASHING process. 4−301.13 Drainboards. Drainboards, UTENSIL racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary UTENSIL holding before cleaning and after SANITIZING. 4−301.14 Ventilation Hood Systems, Adequacy. Ventilation hood systems and devices shall be sufficient in number and capacity to prevent grease or condensation from collecting on walls and ceilings. 4−301.15 Clothes Washers and Dryers. Except as specified in ¶ (B) of this section, if work clothes or LINENS are laundered on the PREMISES, a mechanical clothes washer and dryer shall be provided and used. If on−PREMISES laundering is limited to wiping cloths intended to be used moist, or wiping cloths are air−dried as specified under § 4−901.12, a mechanical clothes washer and dryer need not be provided. 4−301.16 Food Preparation Sinks. |
Unless an alternative method is APPROVED by the REGULATORY AUTHORITY, in NEW FOOD ESTABLISHMENTS and at the time of change in the OPERATOR of an EXISTING FOOD ESTABLISHMENT, if food items are placed into a sink compartment below the flood level rim for the purposes of cleaning or thawing, the OPERATOR shall provide a FOOD preparation sink that meets the requirements as specified in §§ 4−205.11, 5−202.13, and 5−402.11. |
Utensils, Temperature Measuring Devices, and Testing Devices | 4−302.11 Utensils, Consumer Self−Service. A FOOD dispensing UTENSIL shall be available for each container displayed at a consumer self−service unit such as a buffet or salad bar. Pf 4−302.12 Food Temperature Measuring Devices FOOD TEMPERATURE MEASURING DEVICES shall be provided and readily accessible for use in ensuring attainment and maintenance of FOOD temperatures as specified under Chapter 3. Pf A TEMPERATURE MEASURING DEVICE with a suitable small−diameter probe that is designed to measure the temperature of thin masses shall be provided and readily accessible to accurately measure the temperature in thin FOODS such as MEAT patties and FISH filets. Pf 4−302.13 Temperature Measuring Devices, Manual and Mechanical Warewashing. In manual WAREWASHING operations, a TEMPERATURE MEASURING DEVICE shall be provided and readily accessible for frequently measuring the washing and SANITIZING temperatures. Pf In hot water mechanical WAREWASHING operations, an irreversible registering temperature indicator shall be provided and readily accessible for measuring the UTENSIL surface temperature. Pf 4−302.14 Sanitizing Solutions, Testing Devices. A test kit or other device that accurately measures the concentration in mg/L of SANITIZING solutions shall be provided. Pf 4-303.11 Cleaning Agents and Sanitizers, Availability (A) Cleaning agents that are used to clean EQUIPMENT and UTENSILS as specified under Part 4-6, shall be provided and available for use during all hours of operation. |
(B) Except for those that are generated on-site at the time of use, chemical SANITIZERS that are used to SANITIZE EQUIPMENT and UTENSILS as specified as under Part 4-7, shall be provided and available for use during all hours of operation. |
4-4 | LOCATION AND INSTALLATION Subparts 4−401 Location 4−402 Installation |
Location | 4−401.11 Equipment, Clothes Washers and Dryers, and Storage Cabinets, Contamination Prevention. (A) Except as specified in ¶ (B) of this section, EQUIPMENT, a cabinet used for the storage of FOOD, or a cabinet that is used to store cleaned and SANITIZED EQUIPMENT, UTENSILS, laundered LINENS, and SINGLE−SERVICE and SINGLE−USE ARTICLES may not be located: In locker rooms; In toilet rooms; In garbage rooms; In mechanical rooms; Under sewer lines that are not shielded to intercept potential drips; Under leaking water lines including leaking automatic fire sprinkler heads or underlines on which water has condensed; Under open stairwells; or Under other sources of contamination. A storage cabinet used for LINENS or SINGLE−SERVICE or SINGLE−USE ARTICLES may be stored in a locker room. If a mechanical clothes washer or dryer is provided, it shall be located so that the washer or dryer is protected from contamination and only where there is no exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE−SERVICE and SINGLE−USE ARTICLES. |
Installation | 4−402.11 Fixed Equipment, Spacing or Sealing. (A) EQUIPMENT that is fixed because it is not EASILY MOVABLE shall be installed so that it is: |
Spaced to allow access for cleaning along the sides, behind, and above the EQUIPMENT; Spaced from adjoining EQUIPMENT, walls, and ceilings a distance of not more than 1 millimeter or one thirty−second inch; or SEALED to adjoining EQUIPMENT or walls, if the EQUIPMENT is exposed to spillage or seepage. (B) COUNTER−MOUNTED EQUIPMENT that is not EASILY MOVABLE shall be installed to allow cleaning of the EQUIPMENT and areas underneath and around the EQUIPMENT by being: SEALED; or Elevated on legs as specified under ¶ 4−402.12 (D). 4−402.12 Fixed Equipment, Elevation or Sealing. Except as specified in ¶¶ (B) and (C) of this section, floor−mounted EQUIPMENT that is not EASILY MOVABLE shall be SEALED to the floor or elevated on legs that provide at least a 15 centimeter (6 inch) clearance between the floor and the EQUIPMENT. 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). This section does not apply to display shelving units, display refrigeration units, and display freezer units located in the CONSUMER shopping areas of a retail FOOD store, if the floor under the units is maintained clean. Except as specified in ¶ (E) of this section, COUNTER−MOUNTED EQUIPMENT that is not EASILY MOVABLE shall be elevated on legs that provide at least a 10 centimeter (4 inch) clearance between the table and the EQUIPMENT. The clearance space between the table and COUNTER−MOUNTED EQUIPMENT may be: 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 5 centimeters (2 inches) if the horizontal distance of the table top under the EQUIPMENT is no more than 7.5 centimeters (3 inches) from the point of access for cleaning. |
4-5 | MAINTENANCE AND OPERATION |
Subparts 4−501 | Equipment |
4−502 | Utensils and Temperature and Pressure Measuring Devices |
Equipment | 4−501.11 Good Repair and Proper Adjustment. EQUIPMENT shall be maintained in a state of repair and condition that meets the requirements specified under Parts 4−1 and 4−2. EQUIPMENT components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturer’s specifications. Cutting or piercing parts of can openers shall be kept sharp to minimize the creation of metal fragments that can contaminate FOOD when the container is opened. EQUIPMENT shall be used and operated in accordance with the manufacturers’ instructions and as listed and tested unless APPROVED by the REGULATORY AUTHORITY. 4−501.12 Cutting Surfaces. Surfaces such as cutting blocks and boards that are subject to scratching and scoring shall be resurfaced if they can no longer be effectively cleaned and SANITIZED, or discarded if they are not capable of being resurfaced. 4−501.13 Microwave Ovens. Microwave ovens shall meet the safety standards specified in 21 CFR 1030.10 Microwave ovens. 4−501.14 Warewashing Equipment, Cleaning Frequency. A WAREWASHING machine; the compartments of sinks, basins, or other receptacles used for washing and rinsing EQUIPMENT, UTENSILS, or laundering wiping cloths; and drainboards or other EQUIPMENT used to substitute for drainboards as specified under § 4−301.13 shall be cleaned: Before use; Throughout the day at a frequency necessary to prevent recontamination of EQUIPMENT and UTENSILS and to ensure that the EQUIPMENT performs its intended function; and (C) If used, at least every 24 hours. 4−501.15 Warewashing Machines, Manufacturers’ Operating Instructions. (A) A WAREWASHING machine and its auxiliary components shall be operated in accordance with the machine’s data plate and other manufacturer’s instructions. |
(B) A WAREWASHING machine’s conveyor speed or automatic cycle times shall be maintained accurately timed in accordance with manufacturer’s specifications. 4−501.16 Warewashing Sinks, Use Limitation. A WAREWASHING sink may not be used for handwashing as specified in § 2−301.15. If a WAREWASHING sink is used to wash wiping cloths, the sink shall be cleaned as specified under § 4−501.14 before and after each time it is used to wash wiping cloths. |
4−501.17 Warewashing Equipment, Cleaning Agents. When used for WAREWASHING, the wash compartment of a sink, mechanical warewasher, or wash receptacle of alternative manual WAREWASHING EQUIPMENT as specified in ¶ 4−301.12 (C), shall contain a wash solution of soap, detergent, acid cleaner, alkaline cleaner, degreaser, abrasive cleaner, or other cleaning agent according to the cleaning agent manufacturer’s label instructions. Pf 4−501.18 Warewashing Equipment, Clean Solutions. The wash, rinse, and SANITIZE solutions shall be maintained clean. 4−501.19 Manual Warewashing Equipment, Wash Solution Temperature. The temperature of the wash solution in manual WAREWASHING EQUIPMENT shall be maintained at not less than 43°C (110°F) or the temperature specified on the cleaning agent manufacturer’s label instructions. Pf 4−501.110 Mechanical Warewashing Equipment, Wash Solution Temperature. The temperature of the wash solution in spray type warewashers that use hot water to SANITIZE may not be less than: For a stationary rack, single temperature machine, 74°C (165°F); Pf For a stationary rack, dual temperature machine, 66°C (150°F); Pf |
(3) For a single tank, conveyor, dual temperature machine, 71°C (160°F); Pf or (4) For a multi-tank, conveyor, multi-temperature machine, 66°C (150°F). Pf |
(B) The temperature of the wash solution in spray−type warewashers that use chemicals to SANITIZE may not be less than 49°C (120°F). Pf 4−501.111 Manual Warewashing Equipment, Hot Water Sanitization Temperatures. If immersion in hot water is used for SANITIZING in a manual operation, the temperature of the water shall be maintained at 77°C (171°F) or above. P 4−501.112 Mechanical Warewashing Equipment, Hot Water Sanitization Temperatures. Except as specified in ¶ (B) of this section, in a mechanical operation, the temperature of the fresh hot water SANITIZING rinse as it enters the manifold may not be more than 90°C (194°F), or less than: Pf For a stationary rack, single temperature machine, 74°C (165°F); Pf or For all other machines, 82°C (180°F). Pf The maximum temperature specified under ¶ (A) of this section, does not apply to the high pressure and temperature systems with wand−type, hand−held, spraying devices used for the in−place cleaning and SANITIZING of EQUIPMENT such as MEAT saws. 4−501.113 Mechanical Warewashing Equipment, Sanitization Pressure. The flow pressure of the fresh hot water SANITIZING rinse in a WAREWASHING machine, as measured in the water line immediately downstream or upstream from the fresh hot water SANITIZING rinse control valve, shall be within the range specified on the machine manufacturer’s data plate and may not be less than 35 kilopascals (5 pounds per square inch) or more than 200 kilopascals (30 pounds per square inch). 4−501.114 Manual and Mechanical Warewashing Equipment, Chemical Sanitization -Temperature, pH, Concentration, and Hardness. A chemical SANITIZER used in a SANITIZING solution for a manual or mechanical operation at contact times specified under ¶ 4−703.11 (C) shall meet the criteria specified in § 7−204.11 SANITIZERS, Criteria, shall be used in accordance with the EPA−registered label use instructions, P and shall be used as follows: (A) A chlorine solution shall have a minimum temperature based on the concentration and pH of the solution as listed in the following chart; P |
Concentration Range | Minimum Temperature |
mg/L | pH 10 or less °C (°F) | pH 8 or less °C (°F) |
25−49 | 49 (120) | 49 (120) |
50−99 | 38 (100) | 24 (75) |
100 | 13 (55) | 13 (55) |
An iodine solution shall have a: Minimum temperature of 20°C (68°F), P pH of 5.0 or less or a pH no higher than the level for which the manufacturer specifies the solution is effective, P and Concentration between 12.5 mg/L and 25 mg/L; P A quaternary ammonium compound solution shall: P Have a minimum temperature of 24°C (75°F), P Have a concentration as specified under § 7−204.11 and as indicated by the manufacturer’s use directions included in the labeling, P and Be used only in water with 500 mg/L hardness or less or in water having a hardness no greater than specified by the EPA−registered label use instructions; P If another solution of a chemical specified under ¶¶ (A) - (C) of this section is used, the LICENSE HOLDER shall demonstrate to the REGULATORY AUTHORITY that the solution achieves SANITIZATION and the use of the solution shall be APPROVED; P or If a chemical SANITIZER other than chlorine, iodine, or a quaternary ammonium compound is used, it shall be applied in accordance with the EPA−registered label use instructions. P If a chemical SANITIZER is generated by a device located on-site at the FOOD ESTABLISHMENT it shall be used as specified in ¶¶(A)-(D) of this section and shall be produced by a device that: |
Complies with regulation as specified in §§ 2(q)(1) and 12 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), P Complies with 40 CFR 152.500 Requirement for Devices and 40 CFR 156.10 Labeling Requirements, P Displays the EPA device manufacturing facility registration number on the device, Pf and Is operated and maintained in accordance with manufacturer’s instructions. Pf |
4−501.115 Manual Warewashing Equipment, Chemical Sanitization Using Detergent−Sanitizers. If a detergent−SANITIZER is used to SANITIZE in a cleaning and SANITIZING procedure where there is no distinct water rinse between the washing and SANITIZING steps, the agent applied in the SANITIZING step shall be the same detergent−SANITIZER that is used in the washing step. 4−501.116 Warewashing Equipment, Determining Chemical Sanitizer Concentration. Concentration of the SANITIZING solution shall be accurately determined by using a test kit or other device. Pf |
Utensils and Temperature and Pressure Measuring Devices | 4−502.11 Good Repair and Calibration. UTENSILS shall be maintained in a state of repair or condition that complies with the requirements specified under Parts 4−1 and 4−2 or shall be discarded. FOOD TEMPERATURE MEASURING DEVICES shall be calibrated in accordance with manufacturer’s specifications as necessary to ensure their accuracy. Pf Ambient air temperature, water pressure, and water TEMPERATURE MEASURING DEVICES shall be maintained in good repair and be accurate within the intended range of use. |
4−502.12 Single−Service and Single−Use Articles, Required Use. A FOOD ESTABLISHMENT without facilities specified under Parts 4−6 and 4−7 for cleaning and SANITIZING KITCHENWARE and TABLEWARE shall provide only single−use KITCHENWARE, SINGLE−SERVICE ARTICLES, and SINGLE−USE ARTICLES for use by FOOD EMPLOYEES and SINGLE−SERVICE ARTICLES for use by CONSUMERS. P |
4−502.13 Single−Service and Single−Use Articles, Use Limitation. SINGLE−SERVICE and SINGLE−USE ARTICLES may not be reused. The bulk milk container dispensing tube shall be cut on the diagonal leaving no more than one inch protruding from the chilled dispensing head. 4−502.14 Shells, Use Limitation. Mollusk and crustacea shells may not be used more than once as serving containers. |
4-6 | CLEANING OF EQUIPMENT AND UTENSILS Subparts 4−601 Objective |
4−602 | Frequency |
4−603 | Methods |
Objective | 4−601.11 Equipment, Food-−Contact Surfaces, Nonfood-−Contact Surfaces, and Utensils. EQUIPMENT FOOD−CONTACT SURFACES and UTENSILS shall be clean to sight and touch. Pf The FOOD−CONTACT SURFACES of cooking EQUIPMENT and pans shall be kept free of encrusted grease deposits and other soil accumulations. NONFOOD−CONTACT SURFACES of EQUIPMENT shall be kept free of an accumulation of dust, dirt, FOOD residue, and other debris. |
Frequency | 4−602.11 Equipment Food-Contact Surfaces and Utensils. EQUIPMENT FOOD−CONTACT SURFACES and UTENSILS shall be cleaned: Except as specified in ¶ (B) of this section, before each use with a different type of raw animal FOOD such as beef, FISH, lamb, pork, or POULTRY; P Each time there is a change from working with raw FOODS to working with READY−TO−EAT FOODS; P Between uses with raw fruits and vegetables and with TIME/TEMPERATURE CONTROL FOR SAFETY FOOD; P Before using or storing a FOOD TEMPERATURE MEASURING DEVICE; P and At any time during the operation when contamination may have occurred. P |
Subparagraph (A)(1) of this section, does not apply if the FOOD−CONTACT SURFACE or UTENSIL is in contact with a succession of different types of raw meat and poultry each requiring a higher cooking temperature as specified under § 3−401.11 than the previous type. Except as specified in ¶ (D) of this section, if used with TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, EQUIPMENT FOOD−CONTACT SURFACES and UTENSILS shall be cleaned throughout the day at least every 4 hours. P Surfaces of UTENSILS and EQUIPMENT contacting TIME/TEMPERATURE CONTROL FOR SAFETY FOOD may be cleaned less frequently than every 4 hours if: |
In storage, containers of TIME/TEMPERATURE CONTROL FOR SAFETY FOOD and their contents are maintained at temperatures specified under Chapter 3 and the containers are cleaned when they are empty; UTENSILS and EQUIPMENT are used to prepare FOOD in a refrigerated room or area that is maintained at one of the temperatures in the following chart and: The UTENSILS and EQUIPMENT are cleaned at the frequency in the following chart that corresponds to the temperature; and
The cleaning frequency based on the ambient temperature of the refrigerated room or area is documented in the FOOD ESTABLISHMENT; Containers in serving situations such as salad bars, delis, and cafeteria lines hold READY−TO−EAT TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is maintained at the temperatures specified under Chapter 3, are intermittently combined with additional supplies of the same FOOD that is at the required temperature, and the containers are cleaned at least every 24 hours; |
