Subject 40-7-1 RETAIL FOOD SALES
|(1)||Retail Food Sales Regulations. These provisions shall be known as the Retail Food Sales Regulations, hereinafter referred to as "these Regulations."|
|(2)||Food Safety, Illness Prevention, and Honest Presentation. The purpose of these Regulations is to safeguard public health and provide to CONSUMERS FOOD that is safe, unADULTERATED, and honestly presented.|
|(3)||Statement. These Regulations establish definitions; set standards for management and personnel, FOOD operations, and EQUIPMENT and facilities; and provide for FOOD ESTABLISHMENT plan review, LICENSE issuance, inspection, EMPLOYEE RESTRICTION, and LICENSE suspension.|
|(1)|| Statement of Application and Listing of
|(2)||Demonstration. Based on the
RISKS inherent to the FOOD operation, during inspections and upon request, the
PERSON IN CHARGE shall demonstrate to the DEPARTMENT knowledge of foodborne
disease prevention, application of the HAZARD analysis and CRITICAL CONTROL
POINT principles, and the requirements of these Regulations. The PERSON IN
CHARGE shall demonstrate this knowledge by:
|(3)||Certified Food Protection
|(4)||Food Protection Manager
|(5)||Person in Charge.
The PERSON IN CHARGE shall ensure that:
|(1)||Responsibility of License Holder,
Person in Charge, and Conditional Employees.
Restrictions. The PERSON IN CHARGE shall EXCLUDE or RESTRICT a FOOD
EMPLOYEE from a FOOD ESTABLISHMENT in accordance with the following:
|(3)||Removal, Adjustment, or Retention
of Exclusions and Restrictions. The PERSON IN CHARGE shall adhere to the
following conditions when removing, adjusting, or retaining the EXCLUSION or
RESTRICTION of a FOOD EMPLOYEE:
|(1)||Clean Condition. FOOD EMPLOYEES shall keep their hands and exposed portions of their arms clean.P|
|(3)||When to Wash. FOOD EMPLOYEES shall clean their hands and exposed
portions of their arms as specified under 40-7-1-.05(2) immediately before
engaging in FOOD preparation including working with exposed FOOD, clean
EQUIPMENT and UTENSILS, and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES
|(4)||Where to Wash. FOOD EMPLOYEES shall clean their hands in a HANDWASHING SINK or APPROVED automatic handwashing facility and may not clean their hands in a sink used for FOOD preparation or WAREWASHING, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.P|
|(7)||Prohibition.Except for a plain ring such as a wedding band, while preparing FOOD, FOOD EMPLOYEES may not wear jewelry including medical information jewelry on their arms and hands.|
|(8)||Clean Condition. FOOD EMPLOYEES shall wear clean outer clothing to prevent contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.|
|(1)||Eating, Drinking, or Using
|(2)||Discharges from the Eyes, Nose, and Mouth. FOOD EMPLOYEES experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; or unwrapped SINGLE-SERVICE or SINGLE-USE ARTICLES.|
|(3)||Use of Bandages, Finger Cots, or Finger Stalls. If used, an impermeable cover such as a bandage, finger cot, or finger stall located on the wrist, hand, or finger of a FOOD EMPLOYEE working with exposed FOOD shall be covered with a single-use glove.|
|(1)||Clean-up of Vomiting and Diarrheal Events. A FOOD ESTABLISHMENT shall have written procedures for EMPLOYEES to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the FOOD ESTABLISHMENT. The procedures shall address the specific actions EMPLOYEES must take to minimize the spread of contamination and the exposure of EMPLOYEES, CONSUMERs, FOOD, and surfaces to vomitus or fecal matter.Pf|
|(1)||Safe, Unadulterated, and Honestly Presented. FOOD shall be safe, unADULTERATED, and, as specified under 40-7-1-.13(2), honestly presented.P|
|(1)||Compliance with Food Law.
|(2)||Food in a Hermetically Sealed Container.FOOD in a HERMETICALLY SEALED CONTAINER shall be obtained from a FOOD PROCESSING PLANT that is regulated by the FOOD regulatory agency that has jurisdiction over the plant.P|
|(3)||Fluid Milk and Milk Products. Fluid milk and milk products shall be obtained from sources that comply with GRADE A STANDARDS as specified in LAW.P|
|(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 180 Tolerances for pesticides chemicals in food, and exceptions.P|
|(10)||Eggs. EGGS shall be received clean and sound and may not exceed the RESTRICTED EGG tolerances for U.S. CONSUMER Grade B as specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA.P|
|(11)||Eggs and Milk Products,
|(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.Pf|
|(13)||Ice. Ice for use as a FOOD or a cooling medium shall be made from DRINKING WATER.P|
|(14)||Shucked Shellfish, Packaging and
|(16)||Shellstock, Condition. When received by a FOOD ESTABLISHMENT, SHELLSTOCK shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or SHELLSTOCK with badly broken shells shall be discarded.|
|(17)||Juice Treated. Pre-PACKAGED
|(18)||Molluscan Shellfish, Original
|(1)||Preventing Contamination from
|(2)||Preventing Contamination When Tasting. A FOOD EMPLOYEE may not use a UTENSIL more than once to taste FOOD that is to be sold or served.P|
|(3)||Packaged and Unpackaged Food -
Separation, Packaging, and Segregation.
|(4)||Food Storage Containers, Identified with Common Name of Food.Except for containers holding FOOD that can be readily and unmistakably recognized, such as dry pasta, working containers holding FOOD or FOOD ingredients that are removed from their original packages for use in the FOOD ESTABLISHMENT, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar, shall be identified with the common name of the FOOD.|
|(5)||Pasteurized Eggs, Substitute for Raw Eggs for Certain Recipes.
Pasteurized EGGS or EGG PRODUCTS shall be substituted for raw EGGS in the
preparation of FOODS such as Caesar salad, hollandaise or Bearnaise sauce,
mayonnaise, meringue, eggnog, ice cream, and EGG-fortified BEVERAGES that are
|(7)||Washing Fruits and
|(8)||Ice Used as Exterior Coolant, Prohibited as Ingredient. After use as a medium for cooling the exterior surfaces of FOOD such as melons or FISH, PACKAGED FOODS such as canned BEVERAGES, or cooling coils and tubes of EQUIPMENT, ice may not be used as FOOD.P|
|(9)||Storage or Display of Food in
Contact with Water or Ice.
|(10)||Food Contact with Equipment and Utensils. FOOD shall only contact
|(11)||In-Use Utensils, Between-Use
Storage. During pauses in FOOD preparation or dispensing, FOOD
preparation and dispensing UTENSILS shall be stored:
|(12)||Linens and Napkins, Use Limitation. LINENS, such as cloth napkins, may not be used in contact with FOOD unless they are used to line a container for the service of FOODS and the LINENS and napkins are replaced each time the container is refilled for a new CONSUMER.|
|(13)||Wiping Cloths, Use
|(14)||Gloves, Use Limitation.
|(15)||Using Clean Tableware for Second
Portions and Refills.
|(18)||Food Storage, Prohibited
Areas. FOOD may not be stored:
|(19)||Vended Time/Temperature Control for Safety Food, Original Container. TIME/TEMPERATURE CONTROL FOR SAFETY FOOD dispensed through a VENDING MACHINE shall be in the PACKAGE in which it was placed at the FOOD ESTABLISHMENT or FOOD PROCESSING PLANT at which it was prepared.|
|(20)||Food Preparation. During preparation, unPACKAGED FOOD shall be protected from environmental sources of contamination.|
|(21)||Food Display.Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the CONSUMER before consumption, FOOD on display shall be protected from contamination by the use of PACKAGING; counter, service line, or salad bar FOOD guards; display cases; or other effective means.P|
|(24)||Returned Food and Re-Service of
|(25)||Miscellaneous Sources of Contamination. FOOD shall be protected from contamination that may result from a factor or source not specified under Subparts 40-7-1-.10(1) - (24).|
|(2)||Microwave Cooking. Raw animal FOODS cooked in a microwave oven
|(3)||Plant Food Cooking for Hot Holding. PLANT FOOD that are cooked for hot holding shall be cooked to a temperature of 57°C (135°F).Pf|
|(4)||Non-Continuous Cooking of Raw
Animal Foods. Raw animal FOODS that are cooked using a NON-CONTINUOUS
COOKING process shall be:
|(6)||Records, Creation and Retention.
|(7)||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.|
|(8)||Reheating for Hot Holding.
|(9)||Treating Juice. JUICE
PACKAGED in a FOOD ESTABLISHMENT shall be:
|(1)||Frozen Food. Stored frozen FOODS shall be maintained frozen.|
|(2)||Time/Temperature Control for Safety
Food, Slacking. Frozen TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is
SLACKED to moderate the temperature shall be held:
|(3)||Thawing. Except as specified in (d) of this section,
TIME/TEMPERATURE CONTROL FOR SAFETY FOOD shall be thawed:
|(6)||Time/Temperature Control for Safety Food, Hot and Cold Holding.
|(7)||Ready-to-Eat, Time/Temperature Control for Safety Food, Date
Time/Temperature Control for Safety Food, Disposition.
|(9)||Time as a Public Health
|(10)||Variance Requirement. A
FOOD ESTABLISHMENT shall obtain a VARIANCE from the DEPARTMENT as specified in
|(11)||Reduced Oxygen Packaging Without a
|(1)||Standards of Identity. PACKAGED FOOD shall comply with standard of identity requirements in 21 CFR 131-169 and 9 CFR 319 Definitions and standards of identity or composition, and the general requirements in 21 CFR 130 - Food Standards: General and 9 CFR 319 Subpart A - General.|
|(4)||Other Forms of Information.
|(5)||Consumption of Animal
Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate
|(1)||Discarding or Reconditioning
Unsafe, Adulterated, or Contaminated Food.
|(1)||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
|(2)||Cast Iron, Use Limitation.
|(3)||Lead, Use Limitation.
|(4)||Copper, Use Limitation.
|(5)||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|
|(6)||Sponges, Use Limitation. Sponges may not be used in contact with cleaned and SANITIZED or in-use FOOD-CONTACT SURFACES.|
|(7)||Wood, Use Limitation.
|(8)||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.|
|(9)||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.|
that are used to make SINGLE-SERVICE and SINGLE-USE ARTICLES:
|(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 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|
|(5)||"V" Threads, Use Limitation.Except for hot oil cooking or filtering EQUIPMENT, "V" type threads may not be used on FOOD-CONTACT SURFACES.|
|(6)||Hot Oil Filtering Equipment. Hot oil filtering EQUIPMENT shall meet the characteristics specified under 40-7-1-.17(3) or 40-7-1-.17(4) and shall be readily accessible for filter replacement and cleaning of the filter.|
|(7)||Can Openers. Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement.|
|(8)||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.|
|(9)||Kick Plates, Removable. Kick
plates shall be designed so that the areas behind them are accessible for
inspection and cleaning by being:
|(10)||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.|
|(11)||Temperature Measuring Devices, Food.
|(12)||Temperature Measuring Devices,
Ambient Air and Water.
|(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.|
|(14)||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.|
|(15)||Equipment Openings, Closures and Deflectors.
Protection of Equipment and Food. In EQUIPMENT that dispenses or vends
liquid FOOD or ice in unPACKAGED form:
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:
|(18)||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.|
|(19)||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.|
|(20)||Ice Units, Separation of Drains. Liquid waste drain lines may not pass through an ice machine or ice storage bin.|
|(21)||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 dust proof barrier.|
|(22)||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.|
|(23)||Molluscan Shellfish Tanks.
|(24)||Vending Machines, Automatic Shutoff.
|(26)||Warewashing Machine, Data Plate
Operating Specifications. A WAREWASHING machine shall be provided with
an easily accessible and readable data plate affixed to the machine by the
manufacturer that indicates the machine's design and operation specifications
|(27)||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.|
Machines, Temperature Measuring Devices. A WAREWASHING machine shall be
equipped with a TEMPERATURE MEASURING DEVICE that indicates the temperature of
|(29)||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:
|(30)||Warewashing Machines, Automatic
Dispensing of Detergents and Sanitizers. A WAREWASHING machine that is
installed after adoption of these Regulations by the DEPARTMENT, shall be
|(31)||Warewashing Machines, Flow
|(32)||Warewashing Sinks and Drainboards, Self Draining. Sinks and drainboards of WAREWASHING sinks and machines shall be self-draining.|
|(33)||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.|
|(34)||Vending Machines, Liquid Waste Products.
|(35)||Case Lot Handling Apparatuses, Moveability. Apparatuses, such as dollies, pallets, racks, and skids used to store and transport large quantities of PACKAGED FOODS received from a supplier in a cased or overwrapped lot, shall be designed to be moved by hand or by conveniently available apparatuses such as hand trucks and forklifts.|
Machine Doors and Openings.
|(37)||Food Equipment, Certification and Classification. FOOD EQUIPMENT that is certified or classified for sanitation by an American National Standards Institute (ANSI)-accredited certification program is deemed to comply with 40-7-1-.16(1) - (10) and 40-7-1-.17(1) - (37) of these Regulations.|
|(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 40-7-1-.08 through 40-7-1-.14.Pf|
|(2)||Manual Warewashing, Sink
|(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.|
|(6)||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|
|(7)||Food Temperature Measuring
|(8)||Temperature Measuring Devices,
Manual and Mechanical Warewashing.
|(9)||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|
|(10)||Cleaning Agents and Sanitizers,
|(1)||Equipment, Clothes Washers and Dryers, and Storage Cabinets,
|(2)||Fixed Equipment, Spacing or
|(3)||Fixed Equipment, Elevation or
Repair and Proper Adjustment.
|(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 Microwave ovens.|
|(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
|(5)||Warewashing Machines, Manufacturers' Operating Instructions.
|(6)||Warewashing Sinks, Use
|(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 40-7-1-.18(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.Pf|
|(8)||Warewashing Equipment, Clean Solutions. The wash, rinse, and SANITIZE solutions shall be maintained clean.|
|(9)||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|
|(10)||Mechanical Warewashing Equipment,
Wash Solution Temperature.
|(11)||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|
|(12)||Mechanical Warewashing Equipment,
Hot Water Sanitization Temperatures.
|(13)||Mechanical Warewashing Equipment, Sanitization Pressure. The flow pressure of the fresh hot water SANITIZING rinse in a WAREWASHING machine, as measured in the water line immediately downstream or upstream from the fresh hot water SANITIZING rinse control value, shall be within the range specified on the machine manufacturer's data plate and may not be less than 35 kilopascals (5 pounds per square inch) or more than 200 kilopascals (30 pounds per square inch).|
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
shall meet the criteria specified under
Sanitizers, Criteria; shall be used in accordance with the EPA-registered label
use instructions;P and shall be used as follows:
|(15)||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.|
|(16)||Warewashing Equipment, Determining Chemical Sanitizer Concentration.Concentration of the SANITIZING solution shall be accurately determined by using a test kit or other device.Pf|
|(17)||Good Repair and
|(18)||Single-Service and Single-Use Articles, Required Use. A FOOD ESTABLISHMENT without facilities specified under 40-7-1-.21(1) - (10) and 40-7-1-.22(1) - (3) 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|
|(19)||Single-Service and Single-Use
Articles, Use Limitation.
|(20)||Shells, Use Limitation. Mollusk and crustacea shells may not be used more than once as serving containers.|
Food-Contact Surfaces, Nonfood-Contact Surfaces, and Utensils.
|(2)||Equipment Food-Contact Surfaces and
|(3)||Cooking and Baking
|(4)||Nonfood-Contact Surfaces. NonFOOD-CONTACT SURFACES of EQUIPMENT shall be cleaned at a frequency necessary to preclude accumulation of soil residues.|
|(7)||Loading of Soiled Items,
Warewashing Machines. Soiled items to be cleaned in a WAREWASHING
machine shall be loaded into racks, trays, or baskets or onto conveyors in a
|(9)||Washing, Procedures for Alternative
Manual Warewashing Equipment. If washing in sink compartments or a
WAREWASHING machine is impractical such as when the EQUIPMENT is fixed or the
UTENSILS are too large, washing shall be done by using alternative manual
WAREWASHING EQUIPMENT as specified in
accordance with the following procedures:
|(10)||Rinsing Procedures. Washed UTENSILS and EQUIPMENT shall be rinsed
so that abrasives are removed and cleaning chemicals are removed or diluted
through the use of water or a detergent-sanitizer solution by using one of the
|(1)||Food-Contact Surfaces and Utensils. EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be SANITIZED.|
|(2)||Before Use After Cleaning. UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT shall be SANITIZED before use after cleaning.P|
|(3)||Hot Water and Chemical.
After being cleaned, EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be
|(1)||Clean Linens. Clean LINENS shall be free from FOOD residues and other soiling matter.|
|(3)||Storage of Soiled Linens. Soiled LINENS shall be kept in clean, nonabsorbent receptacles or clean, washable laundry bags and stored and transported to prevent contamination of FOOD, clean EQUIPMENT, clean UTENSILS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.|
of Laundry Facilities.
and Utensils, Air-Drying Required. After cleaning and SANITIZING,
EQUIPMENT and UTENSILS:
|(2)||Wiping Cloths, Air-Drying Locations. Wiping cloths laundered in a FOOD ESTABLISHMENT that does not have a mechanical clothes dryer as specified in 40-7-1-.18(5)(b) shall be air-dried in a location and in a manner that prevents contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES and the wiping cloths. This section does not apply if wiping cloths are stored after laundering in a SANITIZING solution as specified under 40-7-1-.20(14).|
|(3)||Food-Contact Surfaces. Lubricants as specified under 40-7-1-.36(9) shall be applied to FOOD-CONTACT SURFACES that require lubrication in a manner that does not contaminate FOOD-CONTACT SURFACES.|
|(4)||Equipment. EQUIPMENT shall be reassembled so that FOOD-CONTACT SURFACES are not contaminated.|
|(5)||Equipment, Utensils, Linens, and
Single-Service and Single-Use Articles.
|(7)||Kitchenware and Tableware.
|(8)||Soiled and Clean Tableware. Soiled TABLEWARE shall be removed from CONSUMER eating and drinking areas and handled so that clean TABLEWARE is not contaminated.|
|(10)||Rinsing Equipment and Utensils
after Cleaning and Sanitizing. After being cleaned and SANITIZED,
EQUIPMENT and UTENSILS shall not be rinsed before air drying or use unless:
|(1)||Approved System. DRINKING
WATER shall be obtained from an APPROVED source that is:
|(2)||System Flushing and Disinfection. A DRINKING WATER system shall be flushed and disinfected before being placed in service after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system.P|
|(3)||BOTTLED DRINKING WATER. BOTTLED DRINKING WATER used or sold in a FOOD ESTABLISHMENT shall be obtained from APPROVED sources in accordance with 21 CFR 129 - Processing and Bottling of Bottled Drinking Water.P|
|(4)||Standards. Except as
specified under 40-7-1-.25(5):
|(6)||Sampling. Except when used as specified under 40-7-1-.25(5), water from a nonPUBLIC WATER SYSTEM shall be sampled and tested at least annually and as required by state water quality regulations.Pf|
|(7)||Sample Report. The most recent sample report for the nonPUBLIC WATER SYSTEM shall be retained on file in the FOOD ESTABLISHMENT or the report shall be maintained as specified by state water quality regulations.|
|(9)||Pressure. Water under pressure shall be provided to all fixtures, EQUIPMENT, and nonFOOD EQUIPMENT that are required to use water except that water supplied as specified under 40-7-1-.25(11)(a) and (b) or in response to a temporary interruption of a water supply need not be under pressure.Pf|
|(10)||System. Water shall be
received from the source through the use of:
|(11)||Alternative Water Supply.
Water meeting the requirements specified under 40-7-1-.25(1) - (9) shall be
made available for a mobile facility and for a FOOD ESTABLISHMENT with a
temporary interruption of its water supply through:
|(2)||Approved System and Cleanable
|(4)||Backflow Prevention, Air Gap. An air gap between the water supply inlet and the flood level rim of the PHYSICAL FACILITIES, EQUIPMENT, or non FOOD EQUIPMENT shall be at least twice the diameter of the water supply inlet and may not be less than 25 mm (1 inch).P|
|(5)||Backflow Prevention Device, Design Standard. A backflow or backsiphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering (A.S.S.E.) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device.P|
|(6)||Conditioning Device, Design. A water filter, screen, and other water conditioning device installed on water lines shall be designed to facilitate disassembly for periodic servicing and cleaning. A water filter element shall be of the replaceable type.|
|(8)||Toilets and Urinals. At least one (1) toilet, and not fewer than the toilets required by LAW, shall be provided. If authorized by LAW and urinals are substituted for toilets, the substitution shall be done as specified in LAW.|
Device, When Required. A PLUMBING SYSTEM shall be installed to preclude
backflow of a solid, liquid, or gas contaminant into the water supply system at
each point of use at the FOOD ESTABLISHMENT, including on a hose bibb if a hose
is attached or on a hose bibb if a hose is not attached and backflow prevention
is required by LAW, by:
|(11)||Backflow Prevention Device,
|(12)||Handwashing Sinks. A HANDWASHING SINK shall be located:
|(13)||Backflow Prevention Device, Location. A backflow prevention device shall be located so that it may be serviced and maintained.|
|(14)||Conditioning Device, Location. A water filter, screen, and other water conditioning device installed on water lines shall be located to facilitate disassembly for periodic servicing and cleaning.|
|(15)||Using a Handwashing Sink.
|(16)||Prohibiting a Cross
|(17)||Scheduling Inspection and Service for a Water System Device. A device such as a water treatment device or backflow preventer shall be scheduled for inspection and service in accordance with manufacturer's instructions and as necessary to prevent device failure based on local water conditions. Records demonstrating inspection and service shall be maintained by the PERSON IN CHARGE.Pf|
|(18)||Water Reservoir of Fogging
|(19)||System Maintained in
Good Repair. A PLUMBING SYSTEM shall be:
Rule 40-7-1-.27 Water, Plumbing, and Waste: Mobile Water Tank and Mobile Food Establishment Water Tank
|(1)||APPROVED. Materials that are used in the construction of a mobile
water tank, mobile FOOD ESTABLISHMENT water tank, and appurtenances shall be:
|(2)||Enclosed System, Sloped to Drain.
A mobile water tank shall be:
|(3)||Inspection and Cleaning Port,
Protected and Secured. If a water tank is designed with an access port
for inspection and cleaning, the opening shall be in the top of the tank and:
|(4)||"V" Type Threads, Use Limitation. A fitting with "V" type threads on a water tank inlet or outlet shall be allowed only when a hose is permanently attached.|
|(5)||Tank Vent, Protected. If provided, a water tank vent shall
terminate in a downward direction and shall be covered with:
|(6)||Inlet and Outlet, Sloped
|(7)||Hose, Construction and Identification. A hose used for conveying
DRINKING WATER from a water tank shall be:
|(8)||Filter, Compressed Air. A filter that does not pass oil or oil vapors shall be installed in the air supply line between the compressor and DRINKING WATER system when compressed air is used to pressurize the water tank system.P|
|(9)||Protective Cover or Device. A cap and keeper chain, closed cabinet, closed storage tube, or other APPROVED protective cover or device shall be provided for a water inlet, outlet, and hose.|
Establishment Tank Inlet. A mobile FOOD ESTABLISHMENT'S water tank inlet
|(11)||System Flushing and Sanitization. A water tank, pump, and hoses shall be flushed and SANITIZED before being placed in service after construction, repair, modification, and periods of nonuse.P|
|(12)||Using a Pump and Hoses, Backflow Prevention. A PERSON shall operate a water tank, pump, and hoses so that backflow and other contamination of the water supply are prevented.|
|(13)||Protecting Inlet, Outlet, and Hose Fitting. If not in use, a water tank and hose inlet and outlet fitting shall be protected using a cover or device as specified under 40-7-1-.27(9).|
Pump, and Hoses, Dedication.
and Drainage. A SEWAGE holding tank in a mobile FOOD ESTABLISHMENT shall
|(2)||Establishment Drainage System. FOOD ESTABLISHMENT drainage systems, including grease traps, that convey SEWAGE shall be designed and installed as specified 40-7-1-.26(2)(a).|
|(4)||Grease Trap. If used, a grease trap shall be located to be easily accessible for cleaning.|
|(5)||Conveying Sewage. SEWAGE shall be conveyed to the point of disposal through an APPROVED sanitary SEWAGE system or other system, including use of SEWAGE transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated according to LAW.P|
|(6)||Removing Mobile Food Establishment Wastes. SEWAGE and other liquid wastes shall be removed from a mobile FOOD ESTABLISHMENT at an APPROVED waste SERVICING AREA or by a SEWAGE transport vehicle in such a way that a public health HAZARD or nuisance is not created.Pf|
|(7)||Flushing a Waste Retention Tank. A tank for liquid waste retention shall be thoroughly flushed and drained in a sanitary manner during the servicing operation.|
|(8)||Approved Sewage Disposal
System. SEWAGE shall be disposed through an APPROVED facility that is:
|(9)||Other Liquid Wastes and Rainwater. Condensate drainage and other nonSEWAGE liquids and rainwater shall be drained from point of discharge to disposal according to LAW.|
|(1)||Indoor Storage Area. If located within the FOOD ESTABLISHMENT, a storage area for REFUSE, recyclables, and returnables shall meet the requirements specified under 40-7-1-.30(1), 40-7-1-.31(1) - (8), 40-7-1-.31(13), and 40-7-1-.31(14).|
|(2)||Outdoor Storage Surface. An outdoor storage surface for REFUSE, recyclables, and returnables shall be constructed of nonabsorbent material, such as concrete or asphalt, and shall be SMOOTH, durable, and sloped to drain.|
|(3)||Outdoor Enclosure. If used, an outdoor enclosure for REFUSE, recyclables, and returnables shall be constructed of durable and cleanable materials.|
|(5)||Receptacles in Vending Machines.Except for a receptacle for BEVERAGE bottle crown closures, a REFUSE receptacle may not be located within a VENDING MACHINE.|
|(7)||Storage Areas, Rooms,
and Receptacles, Capacity and Availability.
|(8)||Toilet Room Receptacle, Covered. A toilet room used by females shall be provided with a covered receptacle for sanitary napkins.|
|(9)||Cleaning Implements and
|(10)||Storage Areas, Redeeming Machines, Receptacles and Waste Handling Units,
|(11)||Storing Refuse, Recyclables, and Returnables. REFUSE, recyclables, and returnables shall be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.|
|(12)||Areas, Enclosures, and Receptacles, Good Repair. Storage areas, enclosures, and receptacles for REFUSE, recyclables, and returnables shall be maintained in good repair.|
Receptacles and waste handling units for REFUSE, recyclables, and returnables
shall be kept covered:
|(15)||Using Drain Plugs. Drains in receptacles and waste handling units for REFUSE, recyclables, and returnables shall have drain plugs in place.|
|(16)||Maintaining Refuse Areas and Enclosures. A storage area and enclosure for REFUSE, recyclables, or returnables shall be maintained free of unnecessary items, as specified under 40-7-1-.34(14), and clean.|
|(18)||Frequency. REFUSE, recyclables, and returnables shall be removed from the PREMISES at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.|
|(19)||Receptacles or Vehicles.
REFUSE, recyclables, and returnables shall be removed from the PREMISES by way
|(20)||Community or Individual Facility. Solid waste not disposed of through the SEWAGE system, such as through grinders and pulpers, shall be recycled or disposed of in an APPROVED public or private community recycling or REFUSE facility; or solid waste shall be disposed of in an individual REFUSE facility, such as a landfill or incinerator, which is sized, constructed, maintained, and operated according to LAW.|
Characteristics. Materials for indoor floor, wall, and ceiling surfaces
under conditions of normal use shall be:
|(1)||Floors, Walls, and Ceilings. Except as specified under 40-7-1-.31(4) and except for antislip floor coverings or applications that may be used for safety reasons, floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are SMOOTH and EASILY CLEANABLE.|
|(2)||Floors, Walls, and Ceilings, Utility Lines.
|(3)||Floor and Wall Junctures, Coved,
and Enclosed or Sealed.
Carpeting, Restrictions and Installation.
|(5)||Floor Covering, Mats and Duck boards. Mats and duck boards shall be designed to be removable and EASILY CLEANABLE.|
and Ceiling Coverings and Coatings.
|(7)||Walls and Ceilings,
|(8)||Walls and Ceilings, Studs, Joists, and Rafters. Studs, joists, and rafters may not be exposed in areas subject to moisture.|
|(9)||Light Bulbs, Protective
|(10)||Heating, Ventilating, Air Conditioning System Vents. Heating, ventilating, and air conditioning systems shall be designed and installed so that make-up air intake and exhaust vents do not cause contamination of FOOD, FOOD-CONTACT SURFACES, EQUIPMENT, or UTENSILS.|
|(11)||Insect Control Devices, Design and
|(12)||Toilet Rooms, Enclosed. Except where a toilet room is located outside a FOOD ESTABLISHMENT and does not open directly into the FOOD ESTABLISHMENT, such as a toilet room that is provided by the management of a shopping mall, a toilet room located on the PREMISES shall be completely enclosed and provided with a tight-fitting and self-closing door.|
|(13)||Outer Openings, Protected.
|(14)||Exterior Walls and Roofs, Protective Barrier. Perimeter walls and roofs of a FOOD ESTABLISHMENT shall effectively protect the establishment from the weather and the entry of insects, rodents, and other animals.|
|(15)||Outdoor Food Vending Areas, Overhead Protection.Except for machines that vend canned BEVERAGES, if located outside, a machine used to vend FOOD shall be provided with overhead protection.|
|(16)||Outdoor Servicing Areas, Overhead Protection.Except for areas used only for the loading of water or the discharge of SEWAGE and other liquid waste through the use of a closed system of hoses, SERVICING AREAS shall be provided with overhead protection.|
|(17)||Outdoor Walking and Driving Surfaces, Graded to Drain. Exterior walking and driving surfaces shall be graded to drain.|
|(18)||Outdoor Refuse Areas, Curbed and Graded to Drain. Outdoor REFUSE areas shall be constructed in accordance with LAW and shall be curbed and graded to drain in order to collect and dispose of liquid waste that results from the REFUSE and from cleaning the area and waste receptacles.|
|(19)||Private Homes and Living or Sleeping Quarters, Use Prohibition. A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting FOOD ESTABLISHMENT operations.P|
|(20)||Living or Sleeping Quarters, Separation. Living or sleeping quarters located on the PREMISES of a FOOD ESTABLISHMENT such as those provided for lodging registration clerks or resident managers shall be separated from rooms and areas used for FOOD ESTABLISHMENT operations by complete partitioning and solid self-closing doors.|
|(1)||Minimum Number. HANDWASHING SINKS shall be provided as specified under 40-7-1-.26(7).|
|(2)||Handwashing Cleanser, Availability. Each HANDWASHING SINK or group of two (2) adjacent HANDWASHING SINKS shall be provided with a supply of hand cleaning liquid, powder, or bar soap.Pf|
|(3)||Hand Drying Provision. Each
HANDWASHING SINK or group of adjacent HANDWASHING SINKS shall be provided with:
|(4)||Handwashing Aids and Devices, Use Restrictions. A sink used for FOOD preparation or UTENSIL washing, or a service sink or curbed cleaning facility used for the disposal of mop water or similar wastes, may not be provided with the handwashing aids and devices required for a HANDWASHING SINK as specified under 40-7-1-.32(2) and 40-7-1-.32(3) and 40-7-1-.29(7)(c).|
|(5)||Handwashing Signage. A sign or poster that notifies FOOD EMPLOYEES to wash their hands shall be provided at all HANDWASHING SINKS used by FOOD EMPLOYEES and shall be clearly visible to FOOD EMPLOYEES.|
|(6)||Disposable Towels, Waste Receptacle. A HANDWASHING SINK or group of adjacent HANDWASHING SINKS that is provided with disposable towels shall be provided with a waste receptacle as specified under 40-7-1-.29(7)(c).|
|(7)||Minimum Number. Toilets and urinals shall be provided as specified under 40-7-1-.26(8).|
|(8)||Toilet Tissue, Availability. A supply of toilet tissue shall be available at each toiletPf|
|(9)||Intensity. The light
intensity shall be:
|(10)||Mechanical. If necessary to keep rooms free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes, mechanical ventilation of sufficient capacity shall be provided.|
|(12)||Availability. A service sink or curbed cleaning facility shall be provided as specified under 40-7-1-.26(9)(a).|
|(1)||Conveniently Located. HANDWASHING SINKS shall be conveniently located as specified under 40-7-1-.26(12).|
|(2)||Convenience and Accessibility. Toilet rooms shall be conveniently located and accessible to EMPLOYEES during all hours of operation.|
|(4)||Segregation and Location. Products that are held by the LICENSE HOLDER for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.Pf|
|(5)||Receptacles, Waste Handling Units, and Designated Storage Areas. Units, receptacles, and areas designated for storage of REFUSE and recyclable and returnable containers shall be located as specified under 40-7-1-.29(10).|
|(1)||Repairing. PHYSICAL FACILITIES shall be maintained in good repair.|
|(2)||Cleaning, Frequency and
|(3)||Cleaning Floors, Dustless Methods.
|(4)||Cleaning Ventilation Systems,
Nuisance and Discharge Prohibition.
|(5)||Cleaning Maintenance Tools, Preventing Contamination. FOOD preparation sinks, HANDWASHING SINKS, and WARE WASHING EQUIPMENT may not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar liquid wastes.Pf|
|(6)||Drying Mops. After use, mops shall be placed in a position that allows them to air-dry without soiling walls, EQUIPMENT, or supplies.|
|(7)||Absorbent Materials on Floors, Use Limitation. Except as specified in 40-7-1-.34(3)(b), sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials may not be used on floors.|
|(8)||Cleaning of Plumbing Fixtures. PLUMBING FIXTURES such as HANDWASHING SINKS, toilets, and urinals shall be cleaned as often as necessary to keep them clean.|
|(9)||Closing Toilet Room Doors. Except during cleaning and maintenance operations, toilet room doors as specified under 40-7-1-.31(12) shall be kept closed.|
Dressing Rooms and Lockers.
|(11)||Controlling Pests. The PREMISES shall be maintained free of
insects, rodents, and other pests. The presence of insects, rodents, and other
pests shall be controlled to eliminate their presence on the PREMISES by:
|(12)||Removing Dead or Trapped Birds, Insects, Rodents, and Other Pests. Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the PREMISES at a frequency that prevents their accumulation, decomposition, or the attraction of pests.|
|(13)||Storing Maintenance Tools.
Maintenance tools such as brooms, mops, vacuum cleaners, and similar items
|(14)||Maintaining Premises, Unnecessary Items and Litter. The PREMISES
shall be free of:
|(1)||Identifying Information, Prominence. Containers of POISONOUS OR TOXIC MATERIALS and PERSONAL CARE ITEMS shall bear a legible manufacturer's label.Pf|
|(2)||Common Name. Working containers used for storing POISONOUS OR TOXIC MATERIALS such as cleaners and SANITIZERS taken from bulk supplies shall be clearly and individually identified with the common name of the material.Pf|
|(1)||Separation. POISONOUS OR TOXIC MATERIALS shall be stored so they
cannot contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and
SINGLE-USE ARTICLES by:
|(3)||Conditions of Use. POISONOUS OR TOXIC MATERIALS shall be:
|(4)||Poisonous or Toxic Material Containers. A container previously used to store POISONOUS OR TOXIC MATERIALS may not be used to store, transport, or dispense FOOD.P|
Chemical SANITIZERS, including chemical sanitizing solutions generated on-site,
and other chemical antimicrobials applied to FOOD-CONTACT SURFACEs shall:
|(6)||Chemicals for Washing, Treatment,
Storage, and Processing Fruits and Vegetables, Criteria. Chemicals,
including those generated on-site, used to wash or peel raw, whole fruits and
|(7)||Boiler Water Additives, Criteria. Chemicals used as boiler water ADDITIVES shall meet the requirements specified in 21 CFR 173.310 Boiler water additives.P|
|(8)||Drying Agents, Criteria.
Drying agents used in conjunction with SANITIZATION shall:
|(9)||Incidental Food Contact, Criteria. Lubricants shall meet the requirements specified in 21 CFR 178.3570 Lubricants with incidental food contact, if they are used on FOOD-CONTACT SURFACES, on bearings and gears located on or within FOOD-CONTACT SURFACES, or on bearings and gears that are located so that lubricants may leak, drip, or be forced into FOOD or onto FOOD-CONTACT SURFACES.P|
|(10)||Restricted Use Pesticides, Criteria. RESTRICTED USE PESTICIDES specified under 40-7-1-.36(3)(c) shall meet the requirements specified in 40 CFR 152 Subpart I - Classification of Pesticides.P|
|(11)||Rodent Bait Stations. Rodent bait shall be contained in a covered, tamper-resistant bait station.P|
|(12)||Tracking Powders, Pest Control and
|(13)||Restriction and Storage.
|(14)||Refrigerated Medicines, Storage. Medicines belonging to EMPLOYEES that require refrigeration and are stored in a FOOD refrigerator shall be stored in a package or container and kept inside a covered, leakproof container that is identified as a container for the storage of medicines.P|
|(15)||Storage - First Aid
Supplies. First aid supplies that are in a FOOD ESTABLISHMENT for the
EMPLOYEES' use shall be:
|(16)||Storage - Other Personal Care Items. Except as specified under 40-7-1-.36(14) and 40-7-1-.36(15), EMPLOYEES shall store their PERSONAL CARE ITEMS in facilities as specified under 40-7-1-.32(11)(b).|
|(1)||Separation. POISONOUS OR
TOXIC MATERIALS shall be stored and displayed for retail sale so they cannot
contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and
SINGLE-USE ARTICLES by:
|(1)||Public Health Protection.
|(2)||Preventing Health Hazards, Provision for Conditions Not Addressed.
|(3)||Modifications and Waivers. The DEPARTMENT may grant a VARIANCE by modifying or waiving the requirements of these Regulations if in the opinion of the DEPARTMENT a health HAZARD or nuisance will not result from the VARIANCE. If a VARIANCE is granted, the DEPARTMENT shall retain the information specified under 40-7-1-.38(4) in its records for the FOOD ESTABLISHMENT.|
|(4)||Documentation of Proposed Variance
and Justification. Before a VARIANCE from a requirement of these
Regulations is APPROVED, the information that shall be provided by the PERSON
requesting the VARIANCE and retained in the DEPARTMENT'S file on the FOOD
Approved Procedures. If the DEPARTMENT grants a VARIANCE as specified in
40-7-1-.38(3), or a HACCP PLAN is otherwise required as specified under
LICENSE HOLDER shall:
|(1)||When Plans Are Required. A
LICENSE applicant or LICENSE HOLDER shall submit to the DEPARTMENT properly
prepared plans and specifications for review and approval before:
|(2)||Contents of the Plans
and Specifications. The plans and specifications for a FOOD
ESTABLISHMENT, including a FOOD ESTABLISHMENT specified under 40-7-1-.39(3),
shall include - as required by the DEPARTMENT based on the type of operation,
type of FOOD preparation, and FOODS prepared - the following information to
demonstrate conformance with Regulation provisions:
|(3)||When a HACCP Plan is
|(4)||Contents of a HACCP Plan. For a FOOD ESTABLISHMENT that is
required under 40-7-1-.39(3) to have a HACCP PLAN, the LICENSE applicant or
LICENSE HOLDER shall submit to the DEPARTMENT a properly prepared HACCP PLAN
|(5)||Trade Secrets. The DEPARTMENT shall treat as confidential, in accordance with LAW, information that meets the criteria specified in LAW for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified under 40-7-1-.39(2) and 40-7-1-.39(4).|
|(6)||Preoperational Inspections. The DEPARTMENT may conduct one or more preoperational inspections to verify that the FOOD ESTABLISHMENT is constructed and equipped in accordance with the APPROVED plans and APPROVED modifications of those plans, has established standard operating procedures as specified under 40-7-1-.39(2)(e), and is in compliance with LAW and these Regulations.|
|(1)||Prerequisite for Operation.
|(2)||Submission 30 Calendar Days Before Proposed Opening. An applicant shall submit an application for a LICENSE at least thirty (30) calendar days before the date planned for opening a FOOD ESTABLISHMENT.|
|(3)||Form of Submission. A PERSON desiring to operate a FOOD ESTABLISHMENT shall submit to the DEPARTMENT an application for a LICENSE on a form provided by the DEPARTMENT.|
|(4)||Qualifications and Responsibilities of Applicants. To qualify for
a LICENSE, an applicant shall:
|(5)||Contents of the Application.
The application shall include:
|(6)||New, Converted, or Remodeled
Establishments. For FOOD ESTABLISHMENTS that are required to submit
plans as specified under
DEPARTMENT shall issue a LICENSE to the applicant after:
License Renewal, and Change of Ownership.
|(8)||Denial of Application for License, Notice. If an application for a
LICENSE to operate is denied, the DEPARTMENT shall provide the applicant with a
notice that includes:
|(9)||Responsibilities of the
|(10)||Responsibilities of the License
Holder. Upon acceptance of the LICENSE issued by the DEPARTMENT, the
LICENSE HOLDER, in order to retain the LICENSE, shall:
|(11)||License Not Transferable. A LICENSE may not be transferred from one PERSON to another PERSON, from one FOOD ESTABLISHMENT to another, or from one type of operation to another if the FOOD operation changes from the type of operation specified in the application as specified under 40-7-1-.40(5)(c) and the change in operation is not APPROVED.|
|(1)||Establishing Inspection Interval. Inspections shall be conducted as often as the DEPARTMENT deems necessary to insure compliance with these Regulations and at a minimum inspection frequency as established by DEPARTMENTAL policies and directives.|
|(2)||Performance- and Risk-Based.
Within the parameters specified in 40-7-1-.41(1), the DEPARTMENT shall
prioritize and conduct more frequent inspections based upon its assessment of a
FOOD ESTABLISHMENT'S history of compliance with these Regulations and the
establishment's potential as a vector of food borne illness by evaluating:
|(3)||Access Allowed at Reasonable Times after Due Notice. After the DEPARTMENT presents official credentials and provides notice of the purpose of and an intent to conduct an inspection, the PERSON IN CHARGE shall allow the DEPARTMENT to determine if the FOOD ESTABLISHMENT is in compliance with these Regulations by allowing access to the establishment, allowing inspection, and providing information and records specified in these Regulations and to which the DEPARTMENT is entitled according to LAW, during the FOOD ESTABLISHMENT'S hours of operation and other reasonable times.|
|(4)||Refusal, Notification of Right to Access, and Final Request for
Access. If a PERSON denies access to the DEPARTMENT, the DEPARTMENT
|(5)||Refusal, Reporting. If after the DEPARTMENT presents credentials and provides notice as specified under 40-7-1-.41(3), explains the authority upon which access is requested, and makes a final request for access as specified in 40-7-1-.41(4), the PERSON IN CHARGE continues to REFUSE access, the DEPARTMENT shall provide details of the denial of access on an inspection report form.|
|(6)||Inspection Order to Gain Access. If denied access to a FOOD ESTABLISHMENT for an authorized purpose and after complying with 40-7-1-.41(4), the DEPARTMENT may issue, or apply for the issuance of, an inspection order to gain access as provided in LAW.|
|(7)||Documenting Information and Observations. The DEPARTMENT shall
document on an inspection report form:
|(8)||Specifying Time Frame for Corrections. The DEPARTMENT shall specify on the inspection report form the time frame for correction of the violations as specified under 40-7-1-.41(12), 40-7-1-.41(14), and 40-7-1-.41(16).|
|(9)||Issuing Report and Obtaining
Acknowledgment of Receipt.
|(10)||Refusal to Sign
Acknowledgment. The DEPARTMENT shall:
|(11)||Public Information. Except as specified in 40-7-1-.39(5), the DEPARTMENT shall treat the inspection report as a public document and shall make it available for disclosure to a PERSON who requests it as provided in LAW.|
|(13)||Resumption of Operations. If operations are discontinued as specified under 40-7-1-.41(12) or otherwise according to LAW, the LICENSE HOLDER shall obtain approval from the DEPARTMENT before resuming operations.|
Documentation of Correction.
Frame for Correction.
|(1)||Obtaining Information: Personal History of Illness, Medical Examination,
and Specimen Analysis. The DEPARTMENT shall act when it has reasonable
cause to believe that a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE has possibly
transmitted disease; may be infected with a disease in a communicable form that
is transmissible through FOOD; may be a carrier of infectious agents that cause
a disease that is transmissible through FOOD; or is affected with a boil, an
infected wound, or acute respiratory infection, by:
|(2)||Restriction or Exclusion of Food
Employee, or Summary Suspension of License. Based on the findings of an
investigation related to a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE who is
suspected of being infected or diseased, the DEPARTMENT may issue an order to
the suspected FOOD EMPLOYEE, CONDITIONAL EMPLOYEE or LICENSE HOLDER instituting
one or more of the following control measures:
|(3)||Restriction or Exclusion
Order: Warning or Hearing Not Required, Information Required in Order.
Based on the findings of the investigation as specified in 40-7-1-.42(1) and to
control disease transmission, the DEPARTMENT may issue an order of RESTRICTION
or EXCLUSION to a suspected FOOD EMPLOYEE or the LICENSE HOLDER without prior
warning, notice of a hearing, or a hearing if the order:
|(4)||Removal of Exclusions and Restrictions. The DEPARTMENT shall release a FOOD EMPLOYEE, or CONDITIONAL EMPLOYEE from RESTRICTION or EXCLUSION according to LAW and the conditions specified under 40-7-1-.04(3).|
|(1)||Adoption by Reference. Annex 1, Compliance and Enforcement, of the current version of the FDA Model Food Code - and supplements thereto as applicable - is adopted by reference, except where the provisions of Annex 1 conflict with Georgia statues located in the Official Code of Georgia Annotated. In instances of conflict, the Georgia code will maintain predominance.|