NC FoodCodeManual 2009 FINAL PDF

North Carolina
Food Code Manual

A Reference for 15A NCAC 18A .2600
Rules Governing the Food Protection and Sanitation of Food Establishments
Adoption of the US Food and Drug Administration’s
2009 Food Code

Effective September 1, 2012
N.C. Department of Health and Human Services
Division of Public Health • Environmental Health Section

http://ehs.ncpublichealth.com/index.htm
Contents
CHAPTER 1 PURPOSE AND DEFINITIONS 1
CHAPTER 2 MANAGEMENT AND PERSONNEL 25
CHAPTER 3 FOOD 48
CHAPTER 4 EQUIPMENT, UTENSILS, AND LINENS 103
CHAPTER 5 WATER, PLUMBING, AND WASTE 144
CHAPTER 6 PHYSICAL FACILITIES 164
CHAPTER 7 POISONOUS OR TOXIC MATERIALS 180
CHAPTER 8 COMPLIANCE AND ENFORCEMENT 187
INDEX 1-18
Chapter 1
Purpose and Definitions
1-1 TITLE, INTENT, SCOPE 1
1-101 Title 1
1-102 Intent 1
1-103 Scope 1
1-2 DEFINITIONS 2
1-201 Applicability and Terms Defined 2
Chapter 2
Management and Personnel
2-1 SUPERVISION 25
2-101 Responsibility 25
2-102 Knowledge 25
2-103 Duties 27
2-2 EMPLOYEE HEALTH
2-201 Responsibilities of Permit Holder, Person in

Charge, Food Employees, and Conditional
Employees 29
Contents i
2-3 PERSONAL CLEANLINESS 41
2-301 Hands and Arms 41

2-302 Fingernails 45
2-303 Jewelry 45
2-304 Outer Clothing 45
2-4 HYGIENIC PRACTICES 46
2-401 Food Contamination Prevention 46

2-402 Hair Restraints 46
2-403 Animals 47
Chapter 3
Food
3-1 CHARACTERISTICS 48
3-101 Condition 48
3-2 SOURCES, SPECIFICATIONS, AND ORIGINAL

CONTAINERS AND RECORDS 49
3-201 Sources 49
3-202 Specifications for Receiving 53
3-203 Original Containers and Records 58
3-3 PROTECTION FROM CONTAMINATION AFTER

RECEIVING 60
3-301 Preventing Contamination by Employees 60

3-202 Preventing Food and Ingredient
Contamination 63
3-303 Preventing Contamination from Ice Used as
a Coolant 66
3-304 Preventing Contamination from Equipment,
Utensils, and Linens 66
3-305 Preventing Contamination from the
Premises 70
3-306 Preventing Contamination by Consumers 71
3-307 Preventing Contamination from Other
Sources 72
3-4 DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH

CONCERN 73
Contents ii
3-401 Cooking 73
3-402 Freezing 78
3-403 Reheating 80
3-404 Other Methods 81
3-5 LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC

HEALTH CONCERN 81
3-501 Temperature and Time Control 81

3-502 Specialized Processing Methods 90
3-6 FOOD IDENTITY, PRESENTATION, AND ON-PREMISES

LABELING 95
3-601 Accurate Representation 95

3-602 Labeling 96
3-603 Consumer Advisory 98
3-7 CONTAMINATED FOOD 99
3-701 Disposition 99
3-8 SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE

POPULATIONS 100
3-801 Additional Safeguards 100
Chapter 4
Equipment, Utensils, and Linens
4-1 MATERIALS FOR CONSTRUCTION AND REPAIR 103
4-101 Multiuse 103

4-102 Single-Service and Single-Use 106
4-2 DESIGN AND CONSTRUCTION 107
4-201 Durability and Strength 107

4-202 Cleanability 107
4-203 Accuracy 109
4-204 Functionality 110
4-205 Acceptability 117
4-3 NUMBERS AND CAPACITIES 117
4-301 Equipment 117
Contents iii
4-302 Utensils, Temperature Measuring Devices,
and Testing Devices 119
4-4 LOCATION AND INSTALLATION 120
4-401 Location 120

4-402 Installation 121
4-5 MAINTENANCE AND OPERATION 123
4-501 Equipment 123

4-502 Utensils and Temperature and Pressure
Measuring Devices 128
4-6 CLEANING OF EQUIPMENT AND UTENSILS 129
4-601 Objective 129

4-602 Frequency 130
4-603 Methods 133
4-7 SANITIZATION OF EQUIPMENT AND UTENSILS 137
4-701 Objective 137

4-702 Frequency 137
4-703 Methods 137
4-8 LAUNDERING 138
4-801 Objective 138

4-802 Frequency 138
4-803 Methods 139
4-9 PROTECTION OF CLEAN ITEMS 140
4-901 Drying 140

4-902 Lubricating and Reassembling 140
4-903 Storing 141
4-904 Preventing Contamination 142
Chapter 5
Water, Plumbing, and Waste
5-1 WATER 144
Contents iv
5-101 Source 144
5-102 Quality 145
5-103 Quantity and Availability 146
5-104 Distribution, Delivery, and Retention 146
5-2 PLUMBING SYSTEM 147
5-201 Materials 147

5-202 Design, Construction, and Installation 147
5-203 Numbers and Capacities 149
5-204 Location and Placement 150
5-205 Operation and Maintenance 150
5-3 MOBILE WATER TANK AND MOBILE FOOD

ESTABLISHMENT WATER TANK 152
5-301 Materials 152

5-302 Design and Construction 153
5-303 Numbers and Capacities 154
5-304 Operation and Maintenance 155
5-4 SEWAGE, OTHER LIQUID WASTE, AND RAINWATER 156
5-401 Mobile Holding Tank 156

5-402 Retention, Drainage, and Delivery 156
5-403 Disposal Facility 157
5-5 REFUSE, RECYCLABLES, AND RETURNABLES 158
5-501 Facilities on the Premises 158

5-502 Removal 162
5-503 Facilities for Disposal and Recycling 163
Chapter 6
Physical Facilities
6-1 MATERIALS FOR CONSTRUCTION AND REPAIR 164
6-101 Indoor Areas 164

6-102 Outdoor Areas 165
6-2 DESIGN, CONSTRUCTION, AND INSTALLATION 165
6-201 Cleanability 165

6-202 Functionability 167
Contents v
6-3 NUMBERS AND CAPACITIES 171
6-301 Handwashing Sinks 171

6-302 Toilets and Urinals 172
6-303 Lighting 172
6-304 Ventilation 173
6-305 Dressing Areas and Lockers 173
6-306 Service Sinks 173
6-4 LOCATION AND PLACEMENT 174
6-401 Handwashing Sinks 174

6-402 Toilet Rooms 174
6-403 Employee Accommodations 174
6-404 Distressed Merchandise 174
6-405 Refuse, Recyclables, and Returnables 175
6-5 MAINTENANCE AND OPERATION 175
6-501 Premises, Structures, Attachments, and

Fixtures – Methods 175
Chapter 7
Poisonous or Toxic Materials
7-1 LABELING AND IDENTIFICATION 180
7-101 Original Containers 180

7-102 Working Containers 180
7-2 OPERATIONAL SUPPLIES AND APPLICATIONS 181
7-201 Storage 181

7-202 Presence and Use 181
7-203 Container Prohibitions 183
7-204 Chemicals 183
7-205 Lubricants 184
7-206 Pesticides 184
7-207 Medicines 185
7-208 First Aid Supplies 185
7-209 Other Personal Care Items 186
7-3 STOCK AND RETAIL SALE 186
7-301 Storage and Display 186
Contents vi
Chapter 8
Compliance and Enforcement
8-1 CODE APPLICABILITY 187
8-101 Use for Intended Purpose 187

8-102 Additional Requirements 188
8-103 Variances 188
8-2 PLAN SUBMISSION AND APPROVAL 190
8-201 Facility and Operating Plans 190

8-202 Confidentiality 193
8-203 Construction Inspection and Approval 193
8-3 PERMIT TO OPERATE 193
8-301 Requirement 193

8-302 Application Procedure 194
8-303 Issuance 196
8-304 Conditions of Retention 197
8-4 INSPECTION AND CORRECTION OF VIOLATIONS 199
8-401 Frequency 199

8-402 Access 200
8-403 Report of Findings 201
8-404 Imminent Health Hazard 203
8-405 Violation of Priority Item or Priority 204
Foundation Item
8-406 Core Item Violation 204
8-5 PREVENTION OF FOODBORNE DISEASE

TRANSMISSION BY EMPLOYEES 205
8-501 Investigation and Control 205
Contents vii
Chapter
1 Purpose and Definitions

Parts
1-1 TITLE, INTENT, SCOPE

1-2 DEFINITIONS
1-1 TITLE, INTENT, SCOPE
Subparts
1-101 Title
1-102 Intent
1-103 Scope
Title 1-101.10 Food Code.
These provisions shall be known as the Food Code, hereinafter

referred to as "this Code."
Intent 1-102.10 Food Safety, Illness Prevention, and Honest

Presentation.
The purpose of this Code is to safeguard public health and

provide to CONSUMERS FOOD that is safe, unADULTERATED, and
honestly presented.
Scope 1-103.10 Statement.
This Code establishes definitions; sets standards for

management and personnel, FOOD operations, and EQUIPMENT
and facilities; and provides for FOOD ESTABLISHMENT plan review,
PERMIT issuance, inspection, EMPLOYEE RESTRICTION, and PERMIT
suspension.
1
1-2 DEFINITIONS
Subpart
1-201 Applicability and Terms Defined
Applicability and 1-201.10 Statement of Application and Listing of

Terms Defined Terms.
(A) The following definitions shall apply in the interpretation and application of this
Code.
(B) Terms Defined. As used in this Code, each of the terms listed in ¶ 1-201.10(B) shall
have the meaning stated below.
Accredited Program.
(1) "Accredited program" means a food protection manager certification

program that has been evaluated and listed by an accrediting agency as
conforming to national standards for organizations that certify individuals.
(2) "Accredited program" refers to the certification process and is a

designation based upon an independent evaluation of factors such as the
sponsor's mission; organizational structure; staff resources; revenue
sources; policies; public information regarding program scope, eligibility
requirements, re-certification, discipline and grievance procedures; and
test development and administration.
(3) "Accredited program" does not refer to training functions or

educational programs.
Additive.
(1) "Food additive" has the meaning stated in the Federal Food, Drug, and
Cosmetic Act, § 201(s) and 21 CFR 170.3(e)(1).
(2) "Color additive" has the meaning stated in the Federal Food, Drug, and
Cosmetic Act, § 201(t) and 21 CFR 70.3(f).
"Adulterated" has the meaning stated in the Federal Food, Drug, and Cosmetic
Act, § 402.
"Approved" means acceptable to the REGULATORY AUTHORITY based on a

determination of conformity with principles, practices, and generally recognized
standards that protect public health.
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Asymptomatic.
(1) "Asymptomatic" means without obvious symptoms; not showing or

producing indications of a disease or other medical condition, such as an
individual infected with a pathogen but not exhibiting or producing any signs or
symptoms of vomiting, diarrhea, or jaundice.
(2) "Asymptomatic" includes not showing symptoms because symptoms have

resolved or subsided, or because symptoms never manifested.
"aw" means water activity which is a measure of the free moisture in a FOOD, is the
quotient of the water vapor pressure of the substance divided by the vapor pressure
of pure water at the same temperature, and is indicated by the symbol AW.
"Balut" means an embryo inside a fertile EGG that has been incubated for a period
sufficient for the embryo to reach a specific stage of development after which it is
removed from incubation before hatching.
"Beverage" means a liquid for drinking, including water.
"Bottled drinking water" means water that is SEALED in bottles, packages, or other
containers and offered for sale for human consumption, including bottled mineral
water.
"Casing" means a tubular container for sausage products made of either natural or
artificial (synthetic) material.
"Certification number" means a unique combination of letters and numbers

assigned by a SHELLFISH CONTROL AUTHORITY to a MOLLUSCAN SHELLFISH DEALER
according to the provisions of the National Shellfish Sanitation Program.
"CFR" means CODE OF FEDERAL REGULATIONS. Citations in this Code to the CFR
refer sequentially to the Title, Part, and Section numbers, such as 40 CFR 180.194
refers to Title 40, Part 180, Section 194.
CIP.
(1) "CIP" means cleaned in place by the circulation or flowing by mechanical

means through a piping system of a detergent solution, water rinse, and
SANITIZING solution onto or over EQUIPMENT surfaces that require cleaning, such
as the method used, in part, to clean and SANITIZE a frozen dessert machine.
(2) "CIP" does not include the cleaning of EQUIPMENT such as band saws,
slicers, or mixers that are subjected to in-place manual cleaning without the use
of a CIP system.
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"Commingle" means:
(1) To combine SHELLSTOCK harvested on different days or from different

growing areas as identified on the tag or label, or
(2) To combine SHUCKED SHELLFISH from containers with different container

codes or different shucking dates.
Comminuted.
(1) "COMMINUTED" means reduced in size by methods including chopping,

flaking, grinding, or mincing.
(2) "Comminuted" includes FISH or MEAT products that are reduced in size and
restructured or reformulated such as gefilte FISH, gyros, ground beef, and
sausage; and a mixture of 2 or more types of MEAT that have been reduced in
size and combined, such as sausages made from 2 or more MEATS.
"Commissary" means a FOOD ESTABLISHMENT that services a MOBILE FOOD UNIT or a

PUSHCART.
"Conditional employee" means a potential FOOD EMPLOYEE to whom a job offer is

made, conditional on responses to subsequent medical questions or examinations
designed to identify potential FOOD EMPLOYEES who may be suffering from a disease
that can be transmitted through FOOD and done in compliance with Title 1 of the
Americans with Disabilities Act of 1990.
"Confirmed disease outbreak" means a FOODBORNE DISEASE OUTBREAK in which

laboratory analysis of appropriate specimens identifies a causative agent and
epidemiological analysis implicates the FOOD as the source of the illness.
"Congregate nutrition sites" means FOOD ESTABLISHMENTS where FOOD

preparation is limited to same day service, reheating of POTENTIALLY HAZARDOUS
FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD), and operated under the rules
of the Division of Aging and Adult Services, N.C. Department of Health and Human
Services.
"Consumer" means a PERSON who is a member of the public, takes possession of

FOOD, is not functioning in the capacity of an operator of a FOOD ESTABLISHMENT or
FOOD PROCESSING PLANT, and does not offer the FOOD for resale.
Core Item.
4
(1) "Core item" means a provision in this Code that is not designated as a
PRIORITY ITEM or a PRIORITY FOUNDATION ITEM.
(2) "Core item" includes an item that usually relates to general sanitation,
operational controls, sanitation standard operating procedures (SSOPs), facilities
or structures, equipment design, or general maintenance.
"Corrosion-resistant material" means a material that maintains acceptable

surface cleanability characteristics under prolonged influence of the FOOD to be
contacted, the normal use of cleaning compounds and SANITIZING solutions, and
other conditions of the use environment.
"Counter-mounted equipment" means EQUIPMENT that is not portable and is

designed to be mounted off the floor on a table, counter, or shelf.
"Critical control point" means a point or procedure in a specific FOOD system

where loss of control may result in an unacceptable health RISK.
"Critical limit" means the maximum or minimum value to which a physical,

biological, or chemical parameter must be controlled at a CRITICAL CONTROL POINT to
minimize the RISK that the identified FOOD safety HAZARD may occur.
"Cut leafy greens" means fresh leafy greens whose leaves have been cut,
shredded, sliced, chopped, or torn. The term “leafy greens” includes iceberg lettuce,
romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e., immature lettuce
or leafy greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula and
chard. The term “leafy greens” does not include herbs such as cilantro or parsley.
“Department” means the N.C. Department of Health and Human Services.
"Dealer" means a PERSON who is authorized by a SHELLFISH CONTROL AUTHORITY for

the activities of SHELLSTOCK shipper, shucker-packer, repacker, reshipper, or
depuration processor of MOLLUSCAN SHELLFISH according to the provisions of the
National Shellfish Sanitation Program.
"Disclosure" means a written statement that clearly identifies the animal-derived

FOODS which are, or can be ordered, raw, undercooked, or without otherwise being
processed to eliminate pathogens, or items that contain an ingredient that is raw,
undercooked, or without otherwise being processed to eliminate pathogens.
Drinking Water.
(1) "Drinking water" means water that meets criteria as specified in 40 CFR
141 National Primary Drinking Water Regulations.
(2) "Drinking water" is traditionally known as "potable water."
5
(3) "Drinking water" includes the term "water" except where the term used
connotes that the water is not potable, such as "boiler water," "mop water,"
"rainwater," "wastewater," and "nondrinking" water.
"Dry storage area" means a room or area designated for the storage of PACKAGED
or containerized bulk FOOD that is not POTENTIALLY HAZARDOUS (TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD) and dry goods such as SINGLE-SERVICE items.
Easily Cleanable.
(1) "Easily cleanable" means a characteristic of a surface that:
(a) Allows effective removal of soil by normal cleaning methods;
(b) Is dependent on the material, design, construction, and installation of the

surface; and
(c) Varies with the likelihood of the surface's role in introducing pathogenic
or toxigenic agents or other contaminants into FOOD based on the surface's
APPROVED placement, purpose, and use.
(2) "Easily cleanable" includes a tiered application of the criteria that qualify
the surface as EASILY CLEANABLE as specified in Subparagraph (1) of this
definition to different situations in which varying degrees of cleanability are
required such as:
(a) The appropriateness of stainless steel for a FOOD preparation surface as

opposed to the lack of need for stainless steel to be used for floors or for
tables used for CONSUMER dining; or
(b) The need for a different degree of cleanability for a utilitarian attachment
or accessory in the kitchen as opposed to a decorative attachment or
accessory in the CONSUMER dining area.
"Easily movable" means:
(1) Portable; mounted on casters, gliders, or rollers; or provided with a

mechanical means to safely tilt a unit of EQUIPMENT for cleaning; and
(2) Having no utility connection, a utility connection that disconnects quickly, or a

flexible utility connection line of sufficient length to allow the EQUIPMENT to be
moved for cleaning of the EQUIPMENT and adjacent area.
6
Egg.
(1) "Egg" means the shell EGG of avian species such as chicken, duck, goose,
guinea, quail, RATITES or turkey.
(2) "Egg" does not include:
(a) A BALUT;
(b) The egg of reptile species such as alligator; or
(c) An EGG PRODUCT.
Egg Product.
(1) "Egg Product" means all, or a portion of, the contents found inside EGGS
separated from the shell and pasteurized in a FOOD PROCESSING PLANT, with or
without added ingredients, intended for human consumption, such as dried,
frozen or liquid eggs.
(2) "Egg Product" does not include FOOD which contains EGGS only in a
relatively small proportion such as cake mixes.
"Employee" means the PERMIT HOLDER, PERSON IN CHARGE, FOOD EMPLOYEE, PERSON
having supervisory or management duties, PERSON on the payroll, family member,
volunteer, PERSON performing work under contractual agreement, or other PERSON
working in a FOOD ESTABLISHMENT.
"Enterohemorrhagic Escherichia coli” (EHEC) means E. coli which cause

hemorrhagic colitis, meaning bleeding enterically or bleeding from the intestine. The
term is typically used in association with E. coli that have the capacity to produce
Shiga toxins and to cause attaching and effacing lesions in the intestine. EHEC is a
subset of STEC, whose members produce additional virulence factors. Infections
with EHEC may be asymptomatic but are classically associated with bloody diarrhea
(hemorrhagic colitis) and hemolytic uremic syndrome (HUS) or thrombotic
thrombocytopenic purpura (TTP). Examples of serotypes of EHEC include: E. coli
O157:H7; E. coli O157:NM; E. coli O26:H11; E. coli O145:NM; E. coli O103:H2; or
E. coli O111:NM. Also see SHIGA TOXIN-PRODUCING E. COLI.
"EPA" means the U.S. Environmental Protection Agency.
Equipment.
(1) "Equipment" means an article that is used in the operation of a FOOD

ESTABLISHMENT such as a freezer, grinder, hood, ice maker, MEAT block, mixer,
7
oven, reach-in refrigerator, scale, sink, slicer, stove, table, TEMPERATURE
MEASURING DEVICE for ambient air, VENDING MACHINE, or WAREWASHING machine.
(2) "Equipment" does not include apparatuses used for handling or storing large
quantities of PACKAGED FOODS that are received from a supplier in a cased or
overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.
"Exclude" means to prevent a PERSON from working as an EMPLOYEE in a FOOD

ESTABLISHMENT or entering a FOOD ESTABLISHMENT as an EMPLOYEE.
"FDA" means the U.S. Food and Drug Administration.
Fish.
(1) "Fish" means fresh or saltwater finfish, crustaceans and other forms of
aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and
sea urchin and the roe of such animals) other than birds or mammals, and all
mollusks, if such animal life is intended for human consumption.
(2) "Fish" includes an edible human FOOD product derived in whole or in part
from FISH, including FISH that have been processed in any manner.
"Food" means a raw, cooked, or processed edible substance, ice, BEVERAGE, or

ingredient used or intended for use or for sale in whole or in part for human
consumption, or chewing gum.
"Foodborne disease outbreak" means the occurrence of two or more cases of a

similar illness resulting from the ingestion of a common FOOD.
"Food-contact surface" means:
(1) A surface of EQUIPMENT or a UTENSIL with which FOOD normally comes into
contact; or
(2) A surface of EQUIPMENT or a UTENSIL from which FOOD may drain, drip, or
splash:
(a) Into a FOOD, or
(b) Onto a surface normally in contact with FOOD.
"Food employee" means an individual working with unPACKAGED FOOD, FOOD

EQUIPMENTor UTENSILS, or FOOD-CONTACT SURFACES.
Food Establishment.
8
(1) "Food establishment" means an operation that:
(a) stores, prepares, packages, serves, vends food directly to the consumer,
or otherwise provides FOOD for human consumption such as a restaurant;
satellite or catered feeding location; catering operation if the operation
provides FOOD directly to a CONSUMER or to a conveyance used to transport
people; market; vending location; conveyance used to transport people;
institution; or FOOD bank; and
(b) relinquishes possession of FOOD to a CONSUMER directly, or indirectly

through a delivery service such as home delivery of grocery orders or
restaurant takeout orders, or delivery service that is provided by common
carriers.
(2) "Food establishment" includes:
(a) An element of the operation such as a transportation vehicle or a central

preparation facility that supplies a vending location or satellite feeding
location unless the vending or feeding location is permitted by the
REGULATORY AUTHORITY; and
(b) An operation that is conducted in a mobile, stationary, temporary or

permanent facility or location and where consumption is on or off the
PREMISES.
(3) "Food establishment" does not include entities exempted as described in

G.S. 130A-250 or establishments that only serve such items as dip ice cream,
popcorn, candied apples, or cotton candy.
Food Processing Plant.
(1) "Food processing plant" means a commercial operation that

manufactures, packages, labels, or stores FOOD for human consumption, and
provides FOOD for sale or distribution to other business entities such as FOOD
PROCESSING PLANTS or FOOD ESTABLISHMENTS.
(2) "Food processing plant" does not include a FOOD ESTABLISHMENT.
"Food stand" means a FOOD ESTABLISHMENT that prepares or serves FOOD and
that does not provide seating facilities for customers to use while eating or
drinking.
9
Game Animal.
(1) "Game animal" means an animal, the products of which are FOOD, that is
not classified as livestock, sheep, swine, goat, horse, mule, or other equine in 9
CFR 301.2 Definitions, or as Poultry, or FISH.
(2) "Game animal" includes mammals such as reindeer, elk, deer, antelope,
water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and
nonaquatic reptiles such as land snakes.
(3) "Game animal" does not include RATITES.
"General use pesticide" means a pesticide that is not classified by EPA for
restricted use as specified in 40 CFR 152.175 Pesticides classified for restriced use.
"Good repair" means EQUIPMENT and UTENSILS shall be maintained in a state of

repair and condition that meets the requirements specified under Parts 4-1 and 4-2
of the Food Code as amended by Rule .2654.
"Grade A standards" means the requirements of the United States Public Health
Service/FDA "Grade A Pasteurized Milk Ordinance" with which certain fluid and dry
milk and milk products comply.
"HACCP plan" means a written document that delineates the formal procedures for
following the HAZARD Analysis and CRITICAL CONTROL POINT principles developed by
The National Advisory Committee on Microbiological Criteria for Foods.
Handwashing Sink.
(1) "Handwashing sink" means a lavatory, a basin or vessel for washing, a

wash basin, or a PLUMBING FIXTURE especially placed for use in personal hygiene
and designed for the washing of the hands.
(2) "Handwashing sink" includes an automatic handwashing facility.
"Hazard" means a biological, chemical, or physical property that may cause an

unacceptable CONSUMER health RISK.
"Health practitioner" means a physician licensed to practice medicine, or if allowed

by LAW , a nurse practitioner, physician assistant, or similar medical professional.
"Hermetically sealed container" means a container that is designed and intended

to be secure against the entry of microorganisms and, in the case of low acid
canned FOODS, to maintain the commercial sterility of its contents after processing.
10
"Highly susceptible population" means PERSONS who are more likely than other
people in the general population to experience foodborne disease because they are:
(1) Immunocompromised; preschool age children, or older adults; and
(2) Obtaining FOOD at a facility that provides services such as custodial care,
health care, or assisted living, such as a child or adult day care center, kidney
dialysis center, hospital or nursing home, or nutritional or socialization services
such as a senior center.
"Imminent hazard" means an IMMINENT HAZARD as defined in G.S. 130A-2(3).
"Injected" means manipulating MEAT to which a solution has been introduced into
its interior by processes that are referred to as "injecting," “pump marinating,” or
"stitch pumping”.
Juice.
(1) "Juice" means the aqueous liquid expressed or extracted from one or
more fruits or vegetables, purées of the edible portions of one or more fruits
or vegetables, or any concentrates of such liquid or purée.
(2) "Juice" does not include, for purposes of HACCP, liquids, purées, or
concentrates that are not used as BEVERAGES or ingredients of BEVERAGES.
"Kitchenware" means FOOD preparation and storage UTENSILS.
"Law" means applicable local, state, and federal statutes, regulations, and
ordinances.
"Limited food establishment" means a FOOD ESTABLISHMENT as defined in G.S.

130A-247(7).
"Linens" means fabric items such as cloth hampers, cloth napkins, table cloths,
wiping cloths, and work garments including cloth gloves.
"Local health director" means a LOCAL HEALTH DIRECTOR as defined in G.S. 130A-
2(6).
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Major Food Allergen.
(1) "Major food allergen" means:
(a) Milk, EGG, FISH (such as bass, flounder, cod, and including crustacean
shellfish such as crab, lobster, or shrimp), tree nuts (such as almonds,
pecans, or walnuts), wheat, peanuts, and soybeans; or
(b) A FOOD ingredient that contains protein derived from a FOOD, as

specified in Subparagraph (1)(a) of this definition.
(2) "Major food allergen" does not include:
(a) Any highly refined oil derived from a FOOD specified in Subparagraph
(1)(a) of this definition and any ingredient derived from such highly refined oil;
or
(b) Any ingredient that is exempt under the petition or notification process
specified in the Food Allergen Labeling and Consumer Protection Act of 2004
(Public Law 108-282).
"Meat" means the flesh of animals used as FOOD including the dressed flesh of
cattle, swine, sheep, or goat, other edible animals, and as defined in G.S. 106-
549.15(14), except FISH, POULTRY, and wild GAME ANIMALS as specified under
Subparagraphs 3-201.17(A)(3) and (4).
Mechanically Tenderized.
(1) "Mechanically tenderized" means manipulating meat with deep penetration

by processes which may be referred to as “blade tenderizing,” “jaccarding,”
“pinning,” “needling,” or using blades, pins, needles or any mechanical device.
(2) "Mechanically tenderized" does not include processes by which solutions

are INJECTED into meat.
"mg/L" means milligrams per liter, which is the metric equivalent of parts per million
(ppm).
"Mobile food unit" means a FOOD ESTABLISHMENT or PUSHCART designed to be

readily moved and vend FOOD.
"Molluscan shellfish" means any edible species of fresh or frozen oysters, clams,
mussels, and scallops or edible portions thereof, except when the scallop product
consists only of the shucked adductor muscle.
12
Non-Continuous Cooking.
(1) "Non-continuous cooking" means the cooking of FOOD in a FOOD

ESTABLISHMENT using a process in which the initial heating of the FOOD is
intentionally halted so that it may be cooled and held for complete cooking at a
later time prior to sale or service.
(2) "Non-continuous cooking" does not include cooking procedures that only
involve temporarily interrupting or slowing an otherwise continuous cooking
process.
Packaged.
(1) "Packaged" means bottled, canned, cartoned, securely bagged, or securely

wrapped, whether PACKAGED in a FOOD ESTABLISHMENT or a FOOD PROCESSING
PLANT.
(2) "Packaged" does not include a wrapper, carry-out box, or other nondurable
container used to containerize FOOD with the purpose of facilitating FOOD
protection during service and receipt of the FOOD by the CONSUMER.
"Permit" means the document issued by the REGULATORY AUTHORITY that authorizes
a PERSON to operate a FOOD ESTABLISHMENT.
"Permit holder" means the entity that:
(1) Is legally responsible for the operation of the FOOD ESTABLISHMENT such as
the owner, the owner's agent, or other PERSON; and
(2) Possesses a valid PERMIT to operate a FOOD ESTABLISHMENT.
"Person" means PERSON as defined in G.S. 130A-2(7).
"Person in charge" means the individual present at a FOOD ESTABLISHMENT who is

responsible for the operation at the time of inspection.
Personal Care Items.
(1) "Personal care items" means items or substances that may be poisonous,
toxic, or a source of contamination and are used to maintain or enhance a
PERSON'S health, hygiene, or appearance.
(2) "Personal care items" include items such as medicines; first aid supplies;
and other items such as cosmetics, and toiletries such as toothpaste and
mouthwash.
13
"pH" means the symbol for the negative logarithm of the hydrogen ion
concentration, which is a measure of the degree of acidity or alkalinity of a solution.
Values between 0 and 7 indicate acidity and values between 7 and 14 indicate
alkalinity. The value for pure distilled water is 7, which is considered neutral.
"Physical facilities" means the structure and interior surfaces of a FOOD

ESTABLISHMENT including accessories such as soap and towel dispensers and
attachments such as light fixtures and heating or air conditioning system vents.
"Plumbing fixture" means a receptacle or device that:
(1) Is permanently or temporarily connected to the water distribution system of

the PREMISES and demands a supply of water from the system; or
(2) Discharges used water, waste materials, or SEWAGE directly or indirectly to

the drainage system of the PREMISES.
"Plumbing system" means the water supply and distribution pipes; PLUMBING
FIXTURES and traps; soil, waste, and vent pipes; sanitary and storm sewers and
building drains, including their respective connections, devices, and appurtenances
within the PREMISES; and water-treating EQUIPMENT.
"Poisonous or toxic materials" means substances that are not intended for
ingestion and are included in 4 categories:
(1) Cleaners and SANITIZERS, which include cleaning and SANITIZING agents and
agents such as caustics, acids, drying agents, polishes, and other chemicals;
(2) Pesticides, except SANITIZERS, which include substances such as insecticides

and rodenticides;
(3) Substances necessary for the operation and maintenance of the

establishment such as nonfood grade lubricants and PERSONAL CARE ITEMS that
may be deleterious to health; and
(4) Substances that are not necessary for the operation and maintenance of the
establishment and are on the PREMISES for retail sale, such as petroleum
products and paints.
14
Potentially Hazardous Food (Time/Temperature Control for Safety Food).
(1) "Potentially hazardous food (time/temperature control for safety food)"

means a FOOD that requires time/temperature control for safety (TCS) to limit
pathogenic microorganism growth or toxin formation.

includes:
(a) An animal FOOD that is raw or heat-treated; a plant FOOD that is heat-
treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut
tomatoes or mixtures of cut tomatoes that are not modified in a way so that
they are unable to support pathogenic microorganism growth or toxin
formation, or garlic-in-oil mixtures that are not modified in a way so that they
are unable to support pathogenic microorganism growth or toxin formation;
and
(b) Except as specified in Subparagraph (3)(d) of this definition, a FOOD

that because of the interaction of its AW and PH values is designated as
Product Assessment Required (PA) in Table A or B of this definition:
Table A. Interaction of PH and AW for control of spores in FOOD heat-treated to

destroy vegetative cells and subsequently PACKAGED
AW values PH values
4.6 or less > 4.6 - 5.6 > 5.6
<0.92 non-PHF*/non-TCS non-PHF/non-TCS non-PHF/non-TCS

FOOD** FOOD FOOD
> 0.92 - .95 non-PHF/non-TCS non-PHF/non-TCS PA***

FOOD FOOD
> 0.95 non-PHF/non-TCS PA PA

FOOD
* PHF means POTENTIALLY HAZARDOUS FOOD

** TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
*** PA means Product Assessment required
15
Table B. Interaction of PH and AW for control of vegetative cells and spores in
FOOD not heat-treated or heat-treated but not PACKAGED
AW values PH values
< 4.2 4.2 - 4.6 > 4.6 - 5.0 > 5.0
non-PHF*/ non-PHF/ non-PHF/ non-PHF/ non-

non-TCS non-TCS non-TCS food TCS food
< 0.88 food** food
non-PHF/ non-PHF/ non-PHF/

non-TCS food non-TCS non-TCS food
0.88 – 0.90 food PA***
non-PHF/ non-PHF/
non-TCS food non-TCS
> 0.90 – 0.92 food PA PA
non-PHF/
non-TCS food
> 0.92 PA PA PA
* PHF means POTENTIALLY HAZARDOUS FOOD

** TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
*** PA means Product Assessment required

does not include:
(a) An air-cooled hard-boiled EGG with shell intact, or an EGG with shell intact
that is not hard-boiled, but has been pasteurized to destroy all viable
salmonellae;
(b) A FOOD in an unopened HERMETICALLY SEALED CONTAINER that is

commercially processed to achieve and maintain commercial sterility under
conditions of non-refrigerated storage and distribution;
(c) A FOOD that because of its PH or AW value, or interaction of AW and PH

values, is designated as a non-PHF/non-TCS FOOD in Table A or B of this
definition;
(d) A FOOD that is designated as Product Assessment Required (PA) in

Table A or B of this definition and has undergone a Product Assessment
showing that the growth or toxin formation of pathogenic microorganisms that
are reasonably likely to occur in that FOOD Is precluded due to:
16
(i) Intrinsic factors including added or natural characteristics of the FOOD
such as preservatives, antimicrobials, humectants, acidulants,
or nutrients,
(ii) Extrinsic factors including environmental or operational factors that

affect the FOOD such as packaging, modified atmosphere such as
REDUCED OXYGEN PACKAGING, shelf life and use, or temperature range of
storage and use, or
(iii) A combination of intrinsic and extrinsic factors; or
(e) A FOOD that does not support the growth or toxin formation of pathogenic
microorganisms in accordance with one of the Subparagraphs (3)(a) - (3)(d)
of this definition even though the FOOD may contain a pathogenic
microorganism or chemical or physical contaminant at a level sufficient to
cause illness or injury.
"Poultry" means:
(1) Any domesticated bird (chickens, turkeys, ducks, geese, guineas, RATITES, or
squabs), whether live or dead, as defined in 9 CFR 381.1 Poultry Products
Inspection Regulations Definitions, Poultry, and G.S. 106-549.51(26); and
(2) Any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or
pigeon, whether live or dead, as defined in 9 CFR 362.1 Voluntary Poultry
Inspection Regulations, Definitions.
"Premises" means:
(1) The PHYSICAL FACILITY, its contents, and the contiguous land or property under
the control of the PERMIT HOLDER; or
(2) The PHYSICAL FACILITY, its contents, and the land or property not described in
Subparagraph (1) of this definition if its facilities and contents are under the
control of the PERMIT HOLDER and may impact FOOD ESTABLISHMENT personnel,
facilities, or operations, and a FOOD ESTABLISHMENT is only one component of a
larger operation such as a health care facility, hotel, motel, school, recreational
camp, or prison.
"Primal cut" means a basic major cut into which carcasses and sides of MEAT are
separated, such as a beef round, pork loin, lamb flank, or veal breast.
Priority Item.
(1) "Priority item" means a provision in this Code whose application

contributes directly to the elimination, prevention or reduction to an acceptable
17
level, hazards associated with foodborne illness or injury and there is no other
provision that more directly controls the hazard.
(2) "Priority item" includes items with a quantifiable measure to show control of
hazards such as cooking, reheating, cooling, handwashing; and
(3) "Priority item" is an item that is denoted in this Code with a superscript P- P.
Priority Foundation Item.
(1) "Priority foundation item" means a provision in this Code whose

application supports, facilitates or enables one or more PRIORITY ITEMS.
(2) "Priority foundation item" includes an item that requires the purposeful
incorporation of specific actions, equipment or procedures by industry
management to attain control of risk factors that contribute to foodborne illness or
injury such as personnel training, infrastructure or necessary equipment, HACCP
plans, documentation or record keeping, and labeling; and
(3) "Priority foundation item" is an item that is denoted in this Code with a
superscript Pf - Pf.
"Public water system" has the meaning stated in 40 CFR 141 National Primary
Drinking Water Regulations.
"Pushcart" means a mobile piece of EQUIPMENT or vehicle used to vend FOOD.
"Ratite" means a flightless bird such as an emu, ostrich, or rhea.
Ready-to-Eat Food.
(1) "Ready-to-eat food" means FOOD that:
(a) Is in a form that is edible without additional preparation to achieve FOOD

safety, as specified under one of the following: ¶ 3-401.11(A) or (B),
§ 3-401.12, or § 3-402.11, or as specified in ¶ 3-401.11(C); or
(b) Is a raw or partially cooked animal FOOD and the consumer is advised as
specified in Subparagraphs 3-401.11(D)(1) and (3); or
(c) Is prepared in accordance with a variance that is granted as specified in

Subparagraph 3-401.11(D) (4); and
(d) May receive additional preparation for palatability or aesthetic,

epicurean, gastronomic, or culinary purposes.
18
(2) "Ready-to-eat food" includes:
(a) Raw animal FOOD that is cooked as specified under § 3-401.11 or

3401.12, or frozen as specified under § 3-402.11;
(b) Raw fruits and vegetables that are washed as specified under
§ 3-302.15;
(c) Fruits and vegetables that are cooked for hot holding, as specified
under § 3-401.13;
(d) All POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR

SAFETY FOOD) that is cooked to the temperature and time required for the
specific FOOD under Subpart 3-401 and cooled as specified under
§ 3-501.14;
(e) Plant FOOD for which further washing, cooking, or other processing is not
required for FOOD safety, and from which rinds, peels, husks, or shells, if
naturally present are removed;
(f) Substances derived from plants such as spices, seasonings, and sugar;
(g) A bakery item such as bread, cakes, pies, fillings, or icing for which
further cooking is not required for FOOD safety;
(h) The following products that are produced in accordance with USDA
guidelines and that have received a lethality treatment for pathogens: dry,
fermented sausages, such as dry salami or pepperoni; salt-cured MEAT and
POULTRY products, such as prosciutto ham, country cured ham, and Parma
ham; and dried MEAT and POULTRY products, such as jerky or beef sticks; and
(i) FOODS manufactured as specified in 21 CFR Part 113, Thermally

Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.
Reduced Oxygen Packaging.
(1) "Reduced oxygen packaging" means:
(a) The reduction of the amount of oxygen in a PACKAGE by removing

oxygen; displacing oxygen and replacing it with another gas or combination
of gases; or otherwise controlling the oxygen content to a level below that
normally found in the atmosphere (approximately 21% at sea level); and
19
(b) A process as specified in Subparagraph (1)(a) of this definition that
involves a FOOD for which the HAZARDS Clostridium botulinum or Listeria
monocytogenes require control in the final PACKAGED form.
(2) "Reduced oxygen packaging" includes:
(a) Vacuum PACKAGING, in which air is removed from a PACKAGE of FOOD and
the PACKAGE is HERMETICALLY SEALED so that a vacuum remains inside the
PACKAGE;
(b) Modified atmosphere PACKAGING, in which the atmosphere of a PACKAGE

of FOOD is modified so that its composition is different from air but the
atmosphere may change over time due to the permeability of the PACKAGING
material or the respiration of the FOOD. Modified atmosphere PACKAGING
includes reduction in the proportion of oxygen, total replacement of oxygen,
or an increase in the proportion of other gases such as carbon dioxide or
nitrogen;
(c) Controlled atmosphere PACKAGING, in which the atmosphere of a

PACKAGE of FOOD is modified so that until the PACKAGE is opened, its
composition is different from air, and continuous control of that atmosphere is
maintained, such as by using oxygen scavengers or a combination of total
replacement of oxygen, nonrespiring FOOD, and impermeable PACKAGING
material;
(d) Cook chill PACKAGING, in which cooked FOOD is hot filled into
impermeable bags which have the air expelled and are then sealed or
crimped closed. The bagged FOOD is rapidly chilled and refrigerated at
temperatures that inhibit the growth of psychrotrophic pathogens; or
(e) Sous vide PACKAGING, in which raw or partially cooked FOOD is placed in
a hermetically sealed, impermeable bag, cooked in the bag, rapidly chilled,
and refrigerated at temperatures that inhibit the growth of psychrotrophic
pathogens.
"Refuse" means solid waste not carried by water through the SEWAGE system.
"Registered Environmental Health Specialist" means a REGISTERED

ENVIRONMENTAL HEALTH SPECIALIST as defined in G.S. 90A-51(2b) and 90A-51(4) and
authorized agent of the DEPARTMENT.
"Regulatory authority" means the DEPARTMENT or authorized agent of the

DEPARTMENT.
20
"Reminder" means a written statement concerning the health RISK of consuming
animal FOODS raw, undercooked, or without otherwise being processed to eliminate
pathogens.
"Re-service" means the transfer of FOOD that is unused and returned by a

CONSUMER after being served or sold and in the possession of the CONSUMER, to
another PERSON.
"Restaurant" means a FOOD ESTABLISHMENT that prepares or serves FOOD and

provides seating.
"Restrict" means to limit the activities of a FOOD EMPLOYEE so that there is no RISK
of transmitting a disease that is transmissible through FOOD and the FOOD EMPLOYEE
does not work with exposed FOOD, clean EQUIPMENT, UTENSILS, LINENS, or unwrapped
SINGLE-SERVICE or SINGLE-USE ARTICLES.
"Restricted egg" means any check, dirty EGG, incubator reject, inedible, leaker, or
loss as defined in 9 CFR 590.
"Restricted use pesticide" means a pesticide product that contains the active
ingredients specified in 40 CFR 152.175 Pesticides classified for restricted use, and
that is limited to use by or under the direct supervision of a certified applicator.
"Risk" means the likelihood that an adverse health effect will occur within a
population as a result of a HAZARD in a FOOD.
"Safe material" means:
(1) An article manufactured from or composed of materials that may not

reasonably be expected to result, directly or indirectly, in their becoming a
component or otherwise affecting the characteristics of any FOOD;
(2) An additive that is used as specified in § 409 of the Federal Food, Drug, and
Cosmetic Act; or
(3) Other materials that are not ADDITIVES and that are used in conformity with
applicable regulations of the Food and Drug Administration.
"Sanitization" means the application of cumulative heat or chemicals on cleaned

FOOD-CONTACT SURFACES that, when evaluated for efficacy, is sufficient to yield a
reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease
microorganisms of public health importance.
"Sealed" means free of cracks or other openings that allow the entry or passage of
moisture.
21
"Service animal" means an animal such as a guide dog, signal dog, or other
animal individually trained to provide assistance to an individual with a disability.
"Servicing area" means an operating base location to which a mobile FOOD

ESTABLISHMENT or transportation vehicle returns regularly for such things as vehicle
and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and
ice bins, and boarding FOOD.
"Sewage" means liquid waste containing animal or vegetable matter in suspension

or solution and may include liquids containing chemicals in solution.
"Shellfish control authority" means a state, federal, foreign, tribal, or other

government entity legally responsible for administering a program that includes
certification of MOLLUSCAN SHELLFISH harvesters and DEALERs for interstate
commerce.
"Shellstock" means raw, in-shell MOLLUSCAN SHELLFISH.
"Shiga toxin-producing Escherichia coli" (STEC) means any E. coli capable of

producing Shiga toxins (also called verocytotoxins or "Shiga-like" toxins). Examples
of serotypes of STEC include both O157 and non-O157 E. coli. Also see
ENTEROHEMORRHAGIC ESCHERICHIA COLI.
"Shucked shellfish" means MOLLUSCAN SHELLFISH that have one or both shells
removed.
"Single-service articles" means TABLEWARE, carry-out UTENSILS, and other items

such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that
are designed and constructed for one time, one PERSON use after which they are
intended for discard.
Single-Use Articles.
(1) "Single-use articles" means UTENSILS and bulk FOOD containers designed
and constructed to be used once and discarded.
(2) "Single-use articles" includes items such as wax paper, butcher paper,
plastic wrap, formed aluminum FOOD containers, jars, plastic tubs or buckets,
bread wrappers, pickle barrels, ketchup bottles, and number 10 cans which do
not meet the materials, durability, strength, and cleanability specifications under
§§ 4-101.11, 4-201.11, and 4-202.11 for multiuse UTENSILS.
"Slacking" means the process of moderating the temperature of a FOOD such as

allowing a FOOD to gradually increase from a temperature of -23oC (-10oF) to -4oC
(25oF) in preparation for deep-fat frying or to facilitate even heat penetration during
the cooking of previously block-frozen FOOD such as shrimp.
22
"Smooth" means:
(1) A FOOD-CONTACT SURFACE having a surface free of pits and inclusions with a
cleanability equal to or exceeding that of (100 grit) number 3 stainless steel;
(2) A nonFOOD-CONTACT SURFACE of EQUIPMENT having a surface equal to that of

commercial grade hot-rolled steel free of visible scale; and
(3) A floor, wall, or ceiling having an even or level surface with no roughness or
projections that render it difficult to clean.
"Supplemental cooking room" means a separate attached or detached structure

in that FOOD is cooked on grills, pits, or fireplaces and no other processing occurs.
"Tableware" means eating, drinking, and serving UTENSILS for table use such as
flatware including forks, knives, and spoons; hollowware including bowls, cups,
serving dishes, and tumblers; and plates.
"Temperature measuring device" means a thermometer, thermocouple,

thermistor, or other device that indicates the temperature of FOOD, air, or water.
"Temporary food establishment" means a FOOD ESTABLISHMENT that operates for a

period of time not to exceed 21 days in one location, affiliated with and endorsed by
a transitory fair, carnival, circus, festival, or public exhibition. FOOD ESTABLISHMENTS
that operate in the same event location for more than 21 days per calendar year are
not eligible for a TEMPORARY FOOD ESTABLISHMENT PERMIT. Domestic yard sales and
businesses such as auctions, flea markets, or farmers' markets are not eligible for a
TEMPORARY FOOD ESTABLISHMENT PERMIT.”
“Temporary food establishment commissary” means a FOOD ESTABLISHMENT

affiliated with a TEMPORARY FOOD ESTABLISHMENT that prepares FOOD in advance or
off-site. The TEMPORARY FOOD ESTABLISHMENT COMMISSARY PERMIT shall be valid for
no more than 21 consecutive days and shall be permitted no more than 7 days prior
to commencement of the event. FOOD ESTABLISHMENTS that operate in the same
location for more than 21 days per calendar year are not eligible for a TEMPORARY
FOOD ESTABLISHMENT COMMISSARY PERMIT. FOOD shall not be sold from the
TEMPORARY FOOD ESTABLISHMENT COMMISSARY. The TEMPORARY FOOD ESTABLISHMENT
COMMISSARY shall comply with all TEMPORARY FOOD ESTABLISHMENT requirements.”
"Transitional Permit" means a PERMIT issued by the REGULATORY AUTHORITY upon

the transfer of ownership or lease of an existing FOOD ESTABLISHMENT to allow the
correction of construction and EQUIPMENT problems that do not represent an
immediate threat to public health. The TRANSITIONAL PERMIT shall expire 180 days
after the date of issuance.
23
"USDA" means the U.S. Department of Agriculture.
"Utensil" means a FOOD-CONTACT implement or container used in the storage,

preparation, transportation, dispensing, sale, or service of FOOD, such as
KITCHENWARE or TABLEWARE that is multiuse, SINGLE-SERVICE, or SINGLE-USE; gloves
used in contact with FOOD; temperature sensing probes of FOOD TEMPERATURE
MEASURING DEVICES; and probe-type price or identification tags used in contact with
FOOD.
"Variance" means a written document issued by the REGULATORY AUTHORITY that

authorizes a modification or waiver of one or more requirements of this Code if,
in the opinion of the REGULATORY AUTHORITY, a health HAZARD or nuisance will not
result from the modification or waiver.
"Vending machine" DELETED
"Vending machine location" DELETED
"Warewashing" means the cleaning and SANITIZING of UTENSILS and FOOD-CONTACT

SURFACES of EQUIPMENT.
"Whole-muscle, intact beef" means whole muscle beef that is not injected,
mechanically tenderized, reconstructed, or scored and marinated, from which
beef steaks may be cut.
24
Chapter
2 Management and
Personnel
Parts
2-1 SUPERVISION
2-2 EMPLOYEE HEALTH
2-3 PERSONAL CLEANLINESS
2-4 HYGIENIC PRACTICES
2-1 SUPERVISION
Subparts
2-101 Responsibility
2-102 Knowledge
2-103 Duties
Responsibility 2-101.11 Assignment.
(A) Except as specified in ¶ (B) of this section, the PERMIT

HOLDER shall be the PERSON IN CHARGE or shall designate a
PERSON IN CHARGE and shall ensure that a PERSON IN CHARGE is
present at the FOOD ESTABLISHMENT during all hours of
operation.Pf
(B) In a FOOD ESTABLISHMENT with two or more separately

PERMITTED departments that are the legal responsibility of the
same PERMIT HOLDER and that are located on the same
PREMISES, the PERMIT HOLDER may designate a single PERSON IN
CHARGE who is present on the PREMISES during all hours of
operation, and who is responsible for each separately
Pf
PERMITTED FOOD ESTABLISHMENT on the PREMISES.
Knowledge 2-102.11 Demonstration.
Based on the RISKS inherent to the FOOD operation, during
25
inspections and upon request the PERSON IN CHARGE shall
demonstrate to the REGULATORY AUTHORITY knowledge of
foodborne disease prevention, application of the HAZARD
Analysis and CRITICAL CONTROL POINT principles, and the
requirements of this Code. The PERSON IN CHARGE shall
demonstrate this knowledge by being a certified FOOD
protection manager who has shown proficiency of required
information through passing a test that is part of an ACCREDITED
PROGRAM. The PERSON IN CHARGE is not required to be a
certified FOOD protection manager when the FOOD
ESTABLISHMENT is not operating and FOOD is not being
prepared, PACKAGED, or served for immediate consumption. Pf
(A) DELETED
(B) DELETED
(C) DELETED
2-102.12 Certified Food Protection Manager.
(A) At least one EMPLOYEE who has supervisory and

management responsibility and the authority to direct and
control FOOD preparation and service shall be a certified FOOD
protection manager who has shown proficiency of required
information through passing a test that is part of an American
National Standards Institute (ANSI)-ACCREDITED PROGRAM.
(B) This section does not apply to CONGREGATE NUTRITION

SITES and Risk Category I FOOD ESTABLISHMENTS as defined in
10A NCAC 46 .0213.
2-102.20 Food Protection Manager Certification.
A PERSON IN CHARGE who demonstrates knowledge by being a

FOOD protection manager that is certified by a FOOD protection
manager certification program that is evaluated and listed by a
Conference for Food Protection-recognized accrediting agency
as conforming to the Conference for Food Protection
Standards for Accreditation of Food Protection Manager
Certification Programs is deemed to comply with Section 2-
102.11.
26
Duties 2-103.11 Person in Charge.
The PERSON IN CHARGE shall ensure that:
(A) FOOD ESTABLISHMENT operations are not conducted in a

private home or in a room used as living or sleeping quarters
as specified under § 6-202.111; Pf
(B) PERSONS unnecessary to the FOOD ESTABLISHMENT

operation are not allowed in the FOOD preparation, FOOD
storage, or WAREWASHING areas, except that brief visits and
tours may be authorized by the PERSON IN CHARGE if steps are
taken to ensure that exposed FOOD; clean EQUIPMENT,
UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and
Pf
SINGLE-USE ARTICLES are protected from contamination;
(C) EMPLOYEES and other PERSONS such as delivery and

maintenance PERSONS and pesticide applicators entering the
FOOD preparation, FOOD storage, and WAREWASHING areas
comply with this Code; Pf
(D) EMPLOYEES are effectively cleaning their hands, by routinely

monitoring the EMPLOYEES' handwashing; Pf
(E) EMPLOYEES are visibly observing FOODS as they are

received to determine that they are from APPROVED sources,
delivered at the required temperatures, protected from
contamination, unADULTERATED, and accurately presented, by
routinely monitoring the EMPLOYEES' observations and
periodically evaluating FOODS upon their receipt; Pf
(F) EMPLOYEES are properly cooking POTENTIALLY HAZARDOUS

FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD), being
particularly careful in cooking those FOODS known to cause
severe foodborne illness and death, such as EGGS and
COMMINUTED MEATS, through daily oversight of the EMPLOYEES'
routine monitoring of the cooking temperatures using
appropriate temperature measuring devices properly scaled
and calibrated as specified under § 4-203.11 and
¶ 4-502.11(B); Pf
(G) EMPLOYEES are using proper methods to rapidly cool

POTENTIALLY HAZARDOUS FOODS (TIME/TEMPERATURE CONTROL
FOR SAFETY FOODS) that are not held hot or are not for
consumption within 4 hours, through daily oversight of the
27
EMPLOYEES' routine monitoring of FOOD temperatures during
Pf
cooling;
(H) CONSUMERS who order raw; or partially cooked READY-TO-

EAT FOODS of animal origin are informed as specified under
§ 3-603.11 that the FOOD is not cooked sufficiently to ensure its
safety; Pf
(I) EMPLOYEES are properly SANITIZING cleaned multiuse

EQUIPMENT and UTENSILS before they are reused, through
routine monitoring of solution temperature and exposure time
for hot water SANITIZING, and chemical concentration, pH,
temperature, and exposure time for chemical SANITIZING; Pf
(J) CONSUMERS are notified that clean TABLEWARE is to be used

when they return to self-service areas such as salad bars and
buffets as specified under § 3-304.16; Pf
(K) Except when APPROVAL is obtained from the REGULATORY

AUTHORITY as specified in ¶ 3-301.11(D), EMPLOYEES are
preventing cross-contamination of READY-TO-EAT FOOD with
bare hands by properly using suitable UTENSILS such as deli
tissue, spatulas, tongs, SINGLE-USE gloves, or dispensing
Pf
EQUIPMENT;
(L) EMPLOYEES are properly trained in FOOD safety, including

food allergy awareness, as it relates to their assigned duties;Pf
and
(M) FOOD EMPLOYEES and CONDITIONAL EMPLOYEES are informed

of their responsibility to report in accordance with LAW , to the
PERSON IN CHARGE, information about their health and activities
as they relate to diseases that are transmissible through FOOD,
as specified under ¶ 2-201.11(A). Pf
28
2-2 EMPLOYEE HEALTH
Subpart
2-201 Responsibilities of Permit Holder, Person in

Charge, Food Employees, and Conditional
Employees
Responsibilitie 2-201.11 Responsibility of Permit Holder, Person in

s and Charge, and Conditional Employees.
Reporting
Symptoms and (A) The PERMIT HOLDER shall require FOOD EMPLOYEES and
Diagnosis CONDITIONAL EMPLOYEES to report to the PERSON IN CHARGE
information about their health and activities as they relate to
diseases that are transmissible through FOOD. A FOOD
EMPLOYEE or CONDITIONAL EMPLOYEE shall report the information
in a manner that allows the PERSON IN CHARGE to reduce the
RISK of foodborne disease transmission, including providing
necessary additional information, such as the date of onset of
symptoms and an illness, or of a diagnosis without symptoms, if
the FOOD EMPLOYEE or CONDITIONAL EMPLOYEE:
reportable (1) Has any of the following symptoms:

symptoms
(a) Vomiting,P
(b) Diarrhea,P
(c) Jaundice,P
(d) Sore throat with fever,P or
(e) A lesion containing pus such as a boil or infected

wound that is open or draining and is:
(i) On the hands or wrists, unless an impermeable

cover such as a finger cot or stall protects the lesion
and a SINGLE-USE glove is worn over the impermeable
cover,P
(ii) On exposed portions of the arms, unless the

lesion is protected by an impermeable cover,P or
(iii) On other parts of the body, unless the lesion is

29
covered by a dry, durable, tight-fitting bandage;P
reportable (2) Has an illness diagnosed by a HEALTH PRACTITIONER due to:

diagnosis (a) Norovirus,P
(b) Hepatitis A virus,P
(c) Shigella spp., P
(d) ENTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING

ESCHERICHIA COLI,P or
(e) Salmonella Typhi;P
reportable (3) Had a previous illness, diagnosed by a HEALTH

past illness PRACTITIONER, within the past 3 months due to Salmonella
Typhi, without having received antibiotic therapy, as
determined by a HEALTH PRACTITIONER;P
reportable (4) Has been exposed to, or is the suspected source of, a
history of CONFIRMED DISEASE OUTBREAK, because the FOOD EMPLOYEE or
exposure CONDITIONAL EMPLOYEE consumed or prepared FOOD implicated
in the outbreak, or consumed FOOD at an event prepared by a
PERSON who is infected or ill with:
(a) Norovirus within the past 48 hours of the last

exposure,P
(b) ENTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING

ESCHERICHIA COLI, or Shigella spp. within the past 3 days
of the last exposure,P
(c) Salmonella Typhi within the past 14 days of the last

exposure,P or
(d) Hepatitis A virus within the past 30 days of the last

exposure;P or
reportable (5) Has been exposed by attending or working in a setting

history of where there is a CONFIRMED DISEASE OUTBREAK, or living in
exposure the same household as, and has knowledge about, an
individual who works or attends a setting where there is a
CONFIRMED
DISEASE OUTBREAK, or living in the same household as, and
has knowledge about, an individual diagnosed with an
illness caused by:
30
(a) Norovirus within the past 48 hours of the last
exposure,P
(b) ENTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING

ESCHERICHIA COLI, or Shigella spp. within the past 3 days
of the last exposure,P
(c) Salmonella Typhi within the past 14 days of the last

exposure,P or
(d) Hepatitis A virus within the past 30 days of the last

exposure.P
responsibility of (B) The PERSON IN CHARGE shall notify the REGULATORY

person in AUTHORITY when a FOOD EMPLOYEE is:
charge to notify
the regulatory (1) Jaundiced,Pf or
authority
(2) Diagnosed with an illness due to a pathogen as specified

under Subparagraphs (A)(2)(a) - (e) of this section.Pf
responsibility of (C) The PERSON IN CHARGE shall ensure that a CONDITIONAL

the person in EMPLOYEE:
charge to
prohibit a (1) Who exhibits or reports a symptom, or who reports a
conditional diagnosed illness as specified under Subparagraphs
employee from (A)(1) - (3) of this section, is prohibited from becoming a
becoming a food FOOD EMPLOYEE until the CONDITIONAL EMPLOYEE meets the
employee criteria for the specific symptoms or diagnosed illness as
specified under § 2-201.13;P and
(2) Who will work as a FOOD EMPLOYEE in a FOOD ESTABLISHMENT

that serves as a HIGHLY SUSCEPTIBLE POPULATION and reports
a history of exposure as specified under Subparagraphs
(A)(4) – (5), is prohibited from becoming a FOOD EMPLOYEE
until the CONDITIONAL EMPLOYEE meets the criteria as
specified under ¶ 2-201.13(I). P
responsibility of (D) The PERSON IN CHARGE shall ensure that a FOOD EMPLOYEE
the person in who exhibits or reports a symptom, or who reports a diagnosed
charge to illness or a history of exposure as specified under
exclude or Subparagraphs (A)(1) - (5) of this section is:
restrict
31
(1) EXCLUDED as specified under ¶¶ 2-201.12 (A) - (C), and
Subparagraphs (D)(1), (E)(1), (F)(1), or (G)(1) and in
compliance with the provisions specified under
¶¶ 2-201.13(A) - (G); P or
(2) RESTRICTED as specified under Subparagraphs 2-201.12

(D)(2), (E)(2), (F)(2), (G)(2), or ¶¶ 2-201.12(H) or (I) and in
compliance with the provisions specified under
¶¶ 2-201.13(D) - (I). P
responsibility of (E) A FOOD EMPLOYEE or CONDITIONAL EMPLOYEE shall report to

food employees the PERSON IN CHARGE the information as specified under ¶ (A)
and conditional of this section.Pf
employees to
report
responsibility of (F) A FOOD EMPLOYEE shall:

food employees
to comply (1) Comply with an EXCLUSION as specified under
¶¶ 2-201.12(A) - (C) and Subparagraphs 2-201.12(D)(1),
(E)(1), (F)(1), or (G)(1) and with the provisions specified
under ¶¶ 2-201.13(A) - (G); P or
(2) Comply with a RESTRICTION as specified under

Subparagraphs 2-201.12(D)(2), (E)(2), (F)(2), (G)(2), or
¶¶ 2-201.12 (H) or (I) and comply with the provisions
specified under ¶¶ 2-201.13(D) - (I). P
conditions of 2-201.12 Exclusions and Restrictions.

exclusion and
restriction The PERSON IN CHARGE shall EXCLUDE or RESTRICT a FOOD
EMPLOYEE from a FOOD ESTABLISHMENT in accordance with the
following:
symptomatic (A) Except when the symptom is from a noninfectious condition,

with vomiting or EXCLUDE a FOOD EMPLOYEE if the FOOD EMPLOYEE is:
diarrhea
(1) Symptomatic with vomiting or diarrhea;P or
(2) Symptomatic with vomiting or diarrhea and diagnosed

with an infection from Norovirus, Shigella spp., or
ENTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING E.
P
COLI.
32
jaundiced or (B) ExCLUDE a FOOD EMPLOYEE who is:
diagnosed with
hepatitis A (1) Jaundiced and the onset of jaundice occurred within
infection
the last 7 calendar days, unless the FOOD EMPLOYEE
provides to the PERSON IN CHARGE written medical
documentation from a HEALTH PRACTITIONER specifying
that the jaundice is not caused by hepatitis A virus or
other fecal-orally transmitted infection;P
(2) Diagnosed with an infection from hepatitis A virus within

14 calendar days from the onset of any illness
symptoms, or within 7 calendar days of the onset of
jaundice;P or
(3) Diagnosed with an infection from hepatitis A virus

without developing symptoms.P
diagnosed or (C) EXCLUDE a FOOD EMPLOYEE who is diagnosed with an

reported infection from Salmonella Typhi, or reports a previous
previous infection with Salmonella Typhi within the past 3 months as
infection due to specified under Subparagraph 2-201.11(A)(3). P
S. Typhi
diagnosed with (D) If a FOOD EMPLOYEE is diagnosed with an infection from

an Norovirus and is ASYMPTOMATIC:
asymptomatic
infection from
Norovirus
(1) EXCLUDE the FOOD EMPLOYEE who works in a FOOD
ESTABLISHMENT serving a HIGHLY SUSCEPTIBLE
P
POPULATION; or
(2) RESTRICT the FOOD EMPLOYEE who works in a FOOD

ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE
P
POPULATION.
diagnosed with (E) If a FOOD EMPLOYEE is diagnosed with an infection from

Shigella spp. Shigella spp. and is ASYMPTOMATIC:
infection and
asymptomatic
P
POPULATION; or
33
P
POPULATION.
diagnosed with (F) If a FOOD EMPLOYEE is diagnosed with an infection from

EHEC or STEC ENTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING E. COLI,
and and is ASYMPTOMATIC:
asymptomatic

P
POPULATION; or

P
POPULATION.
symptomatic (G) If a FOOD EMPLOYEE is ill with symptoms of acute onset

with sore throat of sore throat with fever:
with fever

P
POPULATION; or

P
POPULATION.
symptomatic (H) If a FOOD EMPLOYEE is infected with a skin lesion containing

with uncovered pus such as a boil or infected wound that is open or draining
infected wound and not properly covered as specified under Subparagraph
or pustular boil 2-201.11(A)(1)(e), RESTRICT the FOOD EMPLOYEE.P
exposed to (I) If a FOOD EMPLOYEE is exposed to a foodborne pathogen as

foodborne specified under Subparagraphs 2-201.11(A)(4) or (5),
pathogen and RESTRICT the FOOD EMPLOYEE who works in a FOOD
P
works in food ESTABLISHMENT serving a HIGHLY SUSCEPTIBLE POPULATION.
establishment
serving HSP
34
Managing 2-201.13 Removal, Adjustment, or Retention of
Exclusions and Exclusions and Restrictions.
Restrictions
The PERSON IN CHARGE shall adhere to the following conditions
when removing, adjusting, or retaining the EXCLUSION or
RESTRICTION of a FOOD EMPLOYEE:
(A) Except when a FOOD EMPLOYEE is diagnosed with an

infection from hepatitis A virus or Salmonella Typhi:
removing (1) Reinstate a FOOD EMPLOYEE who was EXCLUDED as

exclusion for specified under Subparagraph 2-201.12(A)(1) if the FOOD
food employee EMPLOYEE:
who was
symptomatic
and not
diagnosed
(a) Is ASYMPTOMATIC for at least 24 hours;P or
(b) Provides to the PERSON IN CHARGE written medical

documentation from a HEALTH PRACTITIONER that
states the symptom is from a noninfectious
condition.P
Norovirus (2) If a FOOD EMPLOYEE was diagnosed with an infection

diagnosis from Norovirus and EXCLUDED as specified under
Subparagraph 2-201.12(A)(2):
(a) RESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC

adjusting for at least 24 hours and works in a FOOD
exclusion for ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE
food employee POPULATION, until the conditions for reinstatement as
who was specified under Subparagraphs (D)(1) or (2) of this
symptomatic section are met;P or
and is now
asymptomatic
retaining (b) Retain the EXCLUSION for the FOOD EMPLOYEE, who is
exclusion for ASYMPTOMATIC for at least 24 hours and works in a
food employee FOOD ESTABLISHMENT that serves a HIGHLY
who was SUSCEPTIBLE POPULATION, until the conditions for
asymptomatic reinstatement as specified under Subparagraphs
and is now (D)(1) or (2) of this section are met.P
asymptomatic
and works in
food
35
establishment
serving HSP
Shigella spp. (3) If a FOOD EMPLOYEE was diagnosed with an infection

diagnosis from Shigella spp. and EXCLUDED as specified under
adjusting (a) RESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC

exclusion for for at least 24 hours and works in a FOOD
food employee ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE
who was POPULATION, until the conditions for reinstatement as
symptomatic specified under Subparagraphs (E)(1) or (2) of this
and is now section are met;P or
asymptomatic
asymptomatic reinstatement as specified under Subparagraphs
and is now (E)(1) or (2) , or (E)(1) and (3)(a) of this section are
asymptomatic met.P
EHEC or STEC (4) If a FOOD EMPLOYEE was diagnosed with an infection

diagnosis from ENTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING
ESCHERICHIA COLI and EXCLUDED as specified under
adjusting (a) RESTRICT the FOOD EMPLOYEE, who is ASYMPTOMATIC

exclusion for for at least 24 hours and works in a FOOD
food employee ESTABLISHMENT not serving a HIGHLY SUSCEPTIBLE
who was POPULATION, until the conditions for reinstatement as
symptomatic specified under Subparagraphs (F)(1) or (2) of this
and is now section are met;P or
asymptomatic
symptomatic reinstatement as specified under Subparagraphs
and is now (F)(1) or (2) are met.P
asymptomatic
and works in
food
establishment
36
serving HSP
hepatitis A (B) Reinstate a FOOD EMPLOYEE who was EXCLUDED as

virus or specified under ¶ 2-201.12(B) if the PERSON IN CHARGE
jaundice obtains APPROVAL from the REGULATORY AUTHORITY and one
diagnosis - of the following conditions is met;
removing
exclusions
(1) The FOOD EMPLOYEE has been jaundiced for more than
7 calendar days;P
(2) The anicteric FOOD EMPLOYEE has been symptomatic with

symptoms other than jaundice for more than 14 calendar
days;P or
(3) The FOOD EMPLOYEE provides to the PERSON IN

CHARGE written medical documentation from a HEALTH
PRACTITIONER stating that the FOOD EMPLOYEE is free of a
hepatitis A virus infection.P
S. Typhi (C) Reinstate a FOOD EMPLOYEE who was EXCLUDED as specified

diagnosis - under ¶ 2-201.12(C) if:
removing
exclusions (1) The PERSON IN CHARGE obtains APPROVAL from the
P
(2) The FOOD EMPLOYEE provides to the PERSON IN CHARGE

written medical documentation from a HEALTH
PRACTITIONER that states the FOOD EMPLOYEE is free from
S. Typhi infection.P
Norovirus (D) Reinstate a FOOD EMPLOYEE who was EXCLUDED as specified

diagnosis - under Subparagraphs 2-201.12(A)(2) or (D)(1) who was
removing RESTRICTED under Subparagraph 2-201.12(D)(2) if the
exclusion or PERSON IN CHARGE obtains APPROVAL from the REGULATORY
restriction AUTHORITY and one of the following conditions is met:
(1) The EXCLUDED or RESTRICTED FOOD EMPLOYEE

documentation from a HEALTH PRACTITIONER stating that
the FOOD EMPLOYEE is free of a Norovirus infection;P
(2) The FOOD EMPLOYEE was EXCLUDED or RESTRICTED after

symptoms of vomiting or diarrhea resolved, and more
than 48 hours have passed since the FOOD EMPLOYEE
37
became ASYMPTOMATIC;P or
(3) The FOOD EMPLOYEE was EXCLUDED or RESTRICTED and

did not develop symptoms and more than 48 hours have
passed since the FOOD EMPLOYEE was diagnosed.P
Shigella spp. (E) Reinstate a FOOD EMPLOYEE who was EXCLUDED as specified
diagnosis - under Subparagraphs 2-201.12(A)(2) or (E)(1) or who was
removing RESTRICTED under Subparagraph 2-201.12(E)(2) if the
exclusion or PERSON IN CHARGE obtains APPROVAL from the REGULATORY
restriction AUTHORITY and one of the following conditions is met:

the FOOD EMPLOYEE is free of a Shigella spp. infection
based on test results showing 2 consecutive negative
stool specimen cultures that are taken:
(a) Not earlier than 48 hours after discontinuance of

antibiotics,P and
(b) At least 24 hours apart;P
(2) The FOOD EMPLOYEE was EXCLUDED or RESTRICTED

after symptoms of vomiting or diarrhea resolved, and
more than 7 calendar days have passed since the FOOD
P
EMPLOYEE became ASYMPTOMATIC; or

did not develop symptoms and more than 7 calendar
days have passed since the FOOD EMPLOYEE was
diagnosed.P
EHEC or STEC (F) Reinstate a FOOD EMPLOYEE who was EXCLUDED or

diagnosis - RESTRICTED as specified under Subparagraphs
removing 2-201.12(A)(2) or (F)(1) or who was RESTRICTED under
exclusion or Subparagraph 2-201.12(F)(2) if the PERSON IN CHARGE
restriction obtains APPROVAL from the REGULATORY AUTHORITY and one
of the following conditions is met:

the FOOD EMPLOYEE is free of an infection from
ENTEROHEMORRHAGIC or SHIGA TOXIN-PRODUCING
38
ESCHERICHIA COLI based on test results that show
2 consecutive negative stool specimen cultures that are
taken:
(a) Not earlier than 48 hours after discontinuance of

antibiotics;P and
(b) At least 24 hours apart;P
(2) The FOOD EMPLOYEE was EXCLUDED or RESTRICTED

after symptoms of vomiting or diarrhea resolved and
more than 7 calendar days have passed since the FOOD
P
EMPLOYEE became ASYMPTOMATIC; or

did not develop symptoms and more than 7 days have
passed since the FOOD EMPLOYEE was diagnosed.P
sore throat (G) Reinstate a FOOD EMPLOYEE who was EXCLUDED or

with fever - RESTRICTED as specified under Subparagraphs
removing 2-201.12(G)(1) or (2) if the FOOD EMPLOYEE provides to the
exclusion or PERSON IN CHARGE written medical documentation from a
restriction HEALTH PRACTITIONER
stating that the FOOD EMPLOYEE meets one of the following
conditions:
(1) Has received antibiotic therapy for Streptococcus

pyogenes infection for more than 24 hours;P
(2) Has at least one negative throat specimen culture for

Streptococcus pyogenes infection;P or
(3) Is otherwise determined by a HEALTH PRACTITIONER to

be free of a Streptococcus pyogenes infection.P
uncovered (H) Reinstate a FOOD EMPLOYEE who was RESTRICTED as

infected wound specified under ¶ 2-201.12(H) if the skin, infected wound,
or pustular boil cut, or pustular boil is properly covered with one of the
- removing following:
restriction
(1) An impermeable cover such as a finger cot or stall
and a SINGLE-USE glove over the impermeable cover if
the infected wound or pustular boil is on the hand,
finger, or wrist;P
(2) An impermeable cover on the arm if the infected wound
39
or pustular boil is on the arm;Por
(3) A dry, durable, tight-fitting bandage if the infected

wound or pustular boil is on another part of the body.P
exposure to (I) Reinstate a FOOD EMPLOYEE who was RESTRICTED as

foodborne specified under ¶ 2-201.12(I) and was exposed to one of the
pathogen and following pathogens as specified under Subparagraph
works in food 2-201.11(A)(4) or (5):
establishment
serving HSP –
removing
restriction
Norovirus (1) Norovirus and one of the following conditions is met:
(a) More than 48 hours have passed since the last day
the FOOD EMPLOYEE was potentially exposed;P or
(b) More than 48 hours have passed since the FOOD

EMPLOYEE’S household contact became
P
ASYMPTOMATIC.
Shigella spp., (2) Shigella spp. or ENTEROHEMORRHAGIC or SHIGA TOXIN-

EHEC, or STEC PRODUCING ESCHERICHIA COLI and one of the following
conditions is met:
(a) More than 3 calendar days have passed since the last
day the FOOD EMPLOYEE was potentially exposed;P or
(b) More than 3 calendar days have passed since the

FOOD EMPLOYEE’S household contact became
P
ASYMPTOMATIC.
S. Typhi (3) S. Typhi and one of the following conditions is met:
(a) More than 14 calendar days have passed since the

last day the FOOD EMPLOYEE was potentially
exposed;P or
(b) More than 14 calendar days have passed since the

P
ASYMPTOMATIC.
hepatitis A (4) Hepatitis A virus and one of the following conditions is

met:
40
(a) The FOOD EMPLOYEE is immune to hepatitis A virus
infection because of a prior illness from hepatitis A;P
(b) The FOOD EMPLOYEE is immune to hepatitis A virus

infection because of vaccination against hepatitis A;P
(c) The FOOD EMPLOYEE is immune to hepatitis A virus

infection because of IgG administration;P
(d) More than 30 calendar days have passed since the

last day the FOOD EMPLOYEE was potentially
exposed;P
(e) More than 30 calendar days have passed since the

jaundiced;P or
(f) The FOOD EMPLOYEE does not use an alternative

procedure that allows bare hand contact with READY-
TO-EAT FOOD until at least 30 days after the potential
exposure, as specified in Subparagraphs (I)(4)(d)
and (e) of this section, and the FOOD EMPLOYEE
receives additional training about:
(i) Hepatitis A symptoms and preventing the

transmission of infection,P
(ii) Proper handwashing procedures,P and
(iii) Protecting READY-TO-EAT FOOD from contamination

introduced by bare hand contact.P
2-3 PERSONAL CLEANLINESS
Subparts
2-301 Hands and Arms

2-302 Fingernails
2-303 Jewelry
2-304 Outer Clothing
Hands and Arms 2-301.11 Clean Condition.
41
FOOD EMPLOYEES shall keep their hands and exposed portions of
their arms clean.P
2-301.12 Cleaning Procedure.
(A) Except as specified in ¶ (D) of this section, FOOD EMPLOYEES

shall clean their hands and exposed portions of their arms,
including surrogate prosthetic devices for hands or arms for at
least 20 seconds, using a cleaning compound in a HANDWASHING
SINK that is equipped as specified under § 5-202.12 and Subpart
6-301. P
(B) FOOD EMPLOYEES shall use the following cleaning procedure in

the order stated to clean their hands and exposed portions of their
arms, including surrogate prosthetic devices for hands and arms:
(1) Rinse under clean, running warm water; P
(2) Apply an amount of cleaning compound recommended by the

cleaning compound manufacturer; P
(3) Rub together vigorously for at least 10 to 15 seconds while:
(a) Paying particular attention to removing soil from

underneath the fingernails during the cleaning procedure, P
and
(b) Creating friction on the surfaces of the hands and arms

or surrogate prosthetic devices for hands and arms, finger
tips, and areas between the fingers; P
(4) Thoroughly rinse under clean, running warm water; P and
(5) Immediately follow the cleaning procedure with thorough

drying using a method as specified under § 6-301.12. P
(C) TO avoid recontaminating their hands or surrogate prosthetic

devices, FOOD EMPLOYEES may use disposable paper towels or
similar clean barriers when touching surfaces such as manually
operated faucet handles on a HANDWASHING SINK or the handle of
a restroom door.
42
(D) If APPROVED and capable of removing the types of soils
encountered in the FOOD operations involved, an automatic
handwashing facility may be used by FOOD EMPLOYEES to clean
their hands or surrogate prosthetic devices.
2-301.13 Special Handwash Procedures.
Reserved.
2-301.14 When to Wash.
FOOD EMPLOYEES shall clean their hands and exposed portions of

their arms as specified under § 2-301.12 immediately before
engaging in FOOD preparation including working with exposed
FOOD, clean EQUIPMENT and UTENSILS, and unwrapped SINGLE-
P
SERVICE and SINGLE-USE ARTICLES and:
(A) After touching bare human body parts other than clean hands
and clean, exposed portions of arms; P
(B) After using the toilet room; P
(C) After caring for or handling SERVICE ANIMALS or aquatic

animals as specified in ¶ 2-403.11(B); P
(D) Except as specified in ¶ 2-401.11(B), after coughing,

sneezing, using a handkerchief or disposable tissue, using
tobacco, eating, or drinking; P
(E) After handling soiled EQUIPMENT or UTENSILS; P
(F) During FOOD preparation, as often as necessary to remove soil

and contamination and to prevent cross contamination when
changing tasks; P
(G) When switching between working with raw FOOD and working
with READY-TO-EAT FOOD; P
(H) Before donning gloves for working with FOOD; P and
(I) After engaging in other activities that contaminate the hands.P
43
2-301.15 Where to Wash.
FOOD EMPLOYEES shall clean their hands in a HANDWASHING SINK or

APPROVED automatic handwashing facility and may not clean their
hands in a sink used for FOOD preparation or WAREWASHING, or in
a service sink or a curbed cleaning facility used for the disposal of
mop water and similar liquid waste. Pf
2-301.16 Hand Antiseptics.
(A) A hand antiseptic used as a topical application, a hand

antiseptic solution used as a hand dip, or a hand antiseptic soap
shall:
(1) Comply with one of the following:
(a) Be an APPROVED drug that is listed in the FDA

publication Approved Drug Products with Therapeutic
Equivalence Evaluations as an APPROVED drug based on
safety and effectiveness; Pf or
(b) Have active antimicrobial ingredients that are listed in

the FDA monograph for OTC Health-Care Antiseptic Drug
Products as an antiseptic handwash, Pf and
(2) Comply with one of the following:
(a) Have components that are exempted from the

requirement of being listed in federal FOOD ADDITIVE
regulations as specified in 21 CFR 170.39 - Threshold of
regulation for substances used in food-contact articles;Pf or
(b) Comply with and be listed in:
(i) 21 CFR 178 - Indirect Food Additives: Adjuvants,

Production Aids, and Sanitizers as regulated for use as
a FOOD ADDITIVE with conditions of safe use, Pf or
(ii) 21 CFR 182 - Substances Generally Recognized as

Safe, 21 CFR 184 - Direct Food Substances Affirmed
as Generally Recognized as Safe, or 21 CFR 186 -
Indirect Food Substances Affirmed as Generally
Recognized as Safe for use in contact with food, Pf and
44
(3) Be applied only to hands that are cleaned as specified under
§ 2-301.12. Pf
(B) If a hand antiseptic or a hand antiseptic solution used as a

hand dip does not meet the criteria specified under Subparagraph
(A)(2) of this section, use shall be:
(1) Followed by thorough hand rinsing in clean water before hand

contact with FOOD or by the use of gloves; Pf or
(2) Limited to situations that involve no direct contact with FOOD

by the bare hands. Pf
(C) A hand antiseptic solution used as a hand dip shall be

maintained clean and at a strength equivalent to at least 100 MG/L
chlorine. Pf
Fingernails 2-302.11 Maintenance.
(A) FOOD EMPLOYEES shall keep their fingernails trimmed, filed,

and maintained so the edges and surfaces are cleanable and not
rough. Pf
(B) Unless wearing intact gloves in good repair, a FOOD EMPLOYEE

may not wear fingernail polish or artificial fingernails when
working with exposed FOOD. Pf
Jewelry 2-303.11 Prohibition.
Except for a plain ring such as a wedding band, while preparing

FOOD, FOOD EMPLOYEES may not wear jewelry including medical
information jewelry on their arms and hands.
Outer Clothing 2-304.11 Clean Condition.
FOOD EMPLOYEES shall wear clean outer clothing to prevent

contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-
SERVICE and SINGLE-USE ARTICLES.
45
2-4 HYGIENIC PRACTICES
Subparts
2-401 Food Contamination Prevention

2-402 Hair Restraints
2-403 Animals
Food 2-401.11 Eating, Drinking, or Using Tobacco.

Contamination
Prevention (A) Except as specified in ¶ (B) of this section, an EMPLOYEE shall
eat, drink, or use any form of tobacco only in designated areas
where the contamination of exposed FOOD; clean EQUIPMENT,
UTENSILS, and LINENS; unwrapped SINGLE-SERVICE and SINGLE-USE
ARTICLES; or other items needing protection can not result.
(B) A FOOD EMPLOYEE may drink from a closed BEVERAGE

container if the container is handled to prevent contamination of:
(1) The EMPLOYEE'S hands;
(2) The container; and
(3) Exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and

unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
2-401.12 Discharges from the Eyes, Nose, and Mouth.
FOOD EMPLOYEES experiencing persistent sneezing, coughing, or

a runny nose that causes discharges from the eyes, nose, or
mouth may not work with exposed FOOD; clean EQUIPMENT,
UTENSILS, and LINENS; or unwrapped SINGLE-SERVICE or SINGLE-USE
ARTICLES.
Hair Restraints 2-402.11 Effectiveness.
(A) Except as provided in ¶ (B) of this section, FOOD EMPLOYEES

shall wear hair restraints such as hats, hair coverings or nets,
beard restraints, and clothing that covers body hair, that are
designed and worn to effectively keep their hair from contacting
exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and
unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
46
(B) This section does not apply to FOOD EMPLOYEES such as
counter staff who only serve BEVERAGES and wrapped or
PACKAGED FOODS, hostesses, and wait staff if they present a
minimal RISK of contaminating exposed FOOD; clean EQUIPMENT,
UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-
USE ARTICLES.
Animals 2-403.11 Handling Prohibition.
(A) Except as specified in ¶ (B) of this section, FOOD EMPLOYEES

may not care for or handle animals that may be present such as
patrol dogs, SERVICE ANIMALS, or pets that are allowed as specified
in Subparagraphs 6-501.115(B)(2)-(5). Pf
(B) FOOD EMPLOYEES with SERVICE ANIMALS may handle or care for
their SERVICE ANIMALS and FOOD EMPLOYEES may handle or care
for FISH in aquariums or MOLLUSCAN SHELLFISH or crustacea in
display tanks if they wash their hands as specified under
§ 2-301.12 and ¶ 2-301.14(C).
47
Chapter
3 Food
Parts
3-1 CHARACTERISTICS
3-2 SOURCES, SPECIFICATIONS, AND ORIGINAL CONTAINERS AND
RECORDS
3-3 PROTECTION FROM CONTAMINATION AFTER RECEIVING
3-4 DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH CONCERN
3-5 LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC HEALTH
CONCERN
3-6 FOOD IDENTITY, PRESENTATION, AND ON-PREMISES
LABELING
3-7 CONTAMINATED FOOD
POPULATIONS
3-1 CHARACTERISTICS
Subparts
3-101 Condition
Condition 3-101.11 Safe, Unadulterated, and Honestly Presented.
FOOD shall be safe, unADULTERATED, and, as specified under

§ 3-601.12, honestly presented.P
48
3-2 SOURCES, SPECIFICATIONS, AND ORIGINAL
CONTAINERS AND RECORDS
Subparts
3-201 Sources
3-202 Specifications for Receiving
3-203 Original Containers and Records
Sources 3-201.11 Compliance with Food Law.
(A) FOOD shall be obtained from sources that comply with LAW .P
Food from FOOD ESTABLISHMENTS in states adjacent to North
Carolina may be sold within North Carolina if the FOOD
ESTABLISHMENTS are under jurisdiction of the local or state
enforcement body in that state and approved by the
REGULATORY AUTHORITY in North Carolina. To determine the
extent of compliance with this Code, the REGULATORY AUTHORITY
shall obtain reports regarding compliance and compliance
history from responsible authorities in other jurisdictions where
the FOOD ESTABLISHMENTS are located.
(B) FOOD prepared in a private home may not be used or

offered for human consumption in a FOOD ESTABLISHMENT. P
(C) PACKAGED FOOD shall be labeled as specified in LAW ,

including 21 CFR 101 FOOD Labeling, 9 CFR 317 Labeling,
Marking Devices, and Containers, and 9 CFR 381 Subpart N
Labeling and Containers, and as specified under §§ 3-202.17
and 3-202.18. Pf
(D) FISH, other than those specified in paragraph 3-402.11(B),

that are intended for consumption in raw or undercooked form
and allowed as specified in Subparagraph 3-401.11(D), may be
offered for sale or service if they are obtained from a supplier
that freezes the FISH as specified under § 3-402.11; or if they
are frozen on the PREMISES as specified under § 3-402.11 and
records are retained as specified under § 3-402.12.
(E) W HOLE-MUSCLE, INTACT BEEF steaks that are intended for

consumption in an undercooked form without a CONSUMER
advisory as specified in ¶ 3-401.11(C) shall be:
(1) Obtained from a FOOD PROCESSING PLANT that, upon
49
request by the purchaser, packages the steaks and labels
them, to indicate that the steaks meet the definition of
Pf
WHOLE-MUSCLE, INTACT BEEF, or
(2) Deemed acceptable by the REGULATORY AUTHORITY

based on other evidence, such as written buyer
specifications or invoices, that indicates that the steaks
meet the definition of WHOLE-MUSCLE, INTACT BEEF, Pf and
(3) If individually cut in a FOOD ESTABLISHMENT:
(a) Cut from WHOLE-MUSCLE INTACT BEEF that is labeled by

a FOOD PROCESSING PLANT as specified in Subparagraph
(E)(1) of this section or identified as specified in
Subparagraph (E)(2) of this section, Pf
(b) Prepared so they remain intact, Pf and
(c) If PACKAGED for undercooking in a FOOD

ESTABLISHMENT, labeled as specified in Subparagraph
(E)(1) of this section or identified as specified in (E)(2) of
this section. Pf
(F) MEAT and POULTRY that is not a READY-TO-EAT FOOD and is in

a PACKAGED form when it is offered for sale or otherwise offered
for consumption, shall be labeled to include safe handling
instructions as specified in LAW, including 9 CFR 317.2(l) and 9
CFR 381.125(b).
(G) EGGS that have not been specifically treated to destroy all
viable Salmonellae shall be labeled to include safe handling
instructions as specified in LAW, including 21 CFR 101.17(h).
3-201.12 Food in a Hermetically Sealed Container.
FOOD in a HERMETICALLY SEALED CONTAINER shall be obtained

from a FOOD PROCESSING PLANT that is regulated by the FOOD
regulatory agency that has jurisdiction over the plant. P
3-201.13 Fluid Milk and Milk Products.
Fluid milk and milk products shall be obtained from sources that
comply with GRADE A STANDARDS as specified in LAW . P
50
3-201.14 Fish.
(A) FISH that are received for sale or service shall be:
(1) Commercially and legally caught or harvested; P or
(2) APPROVED for sale or service. P
(B) MOLLUSCAN SHELLFISH that are recreationally caught may not

be received for sale or service. P
3-201.15 Molluscan Shellfish.
(A) MOLLUSCAN SHELLFISH shall be obtained from sources

according to LAW and the requirements specified in the U.S.
Department of Health and Human Services, Public Health
Service, Food and Drug Administration, National Shellfish
Sanitation Program Guide for the Control of Molluscan Shellfish.
P
(B) MOLLUSCAN SHELLFISH received in interstate commerce shall

be from sources that are listed in the Interstate Certified
Shellfish Shippers List. P
3-201.16 Wild Mushrooms.
(A) Except as specified in ¶ (B) of this section, mushroom

species picked in the wild shall be obtained from sources where
each mushroom is individually inspected and found to be safe
by an APPROVED mushroom identification expert. P
(B) This section does not apply to:
(1) Cultivated wild mushroom species that are grown,

harvested, and processed in an operation that is regulated
by the FOOD regulatory agency that has jurisdiction over the
operation; or
(2) Wild mushroom species if they are in packaged form

and are the product of a FOOD PROCESSING PLANT that is
regulated by the FOOD regulatory agency that has
jurisdiction over the plant.
51
3-201.17 Game Animals.
(A) If GAME ANIMALS are received for sale or service they shall
be:
(1) Commercially raised for FOOD P and:
(a) Raised, slaughtered, and processed under a

voluntary inspection program that is conducted by the
agency that has animal health jurisdiction, P or
(b) Under a routine inspection program conducted by a

regulatory agency other than the agency that has animal
health jurisdiction, P and
(c) Raised, slaughtered, and processed according to:
(i) LAWS governing MEAT and POULTRY as determined

by the agency that has animal health jurisdiction and
the agency that conducts the inspection program, P
and
(ii) Requirements which are developed by the

agency that has animal health jurisdiction and the
agency that conducts the inspection program with
consideration of factors such as the need for
antemortem and postmortem examination by an
P
APPROVED veterinarian or veterinarian’s designee;
(2) Under a voluntary inspection program administered by

the USDA for game animals such as exotic animals
(reindeer, elk, deer, antelope, water buffalo, or bison) that
are "inspected and APPROVED" in accordance with 9 CFR
352 Exotic animals; voluntary inspection or rabbits that are
"inspected and certified" in accordance with 9 CFR 354
voluntary inspection of rabbits and edible products
thereof; P
(3) As allowed by LAW , for wild GAME ANIMALS that are live-
caught:
(a) Under a routine inspection program conducted by a

regulatory agency such as the agency that has animal
health jurisdiction, P and
52
(b) Slaughtered and processed according to:
(i) LAWS governing MEAT and POULTRY as determined

by the agency that has animal health jurisdiction and
the agency that conducts the inspection program, P
and
(ii) Requirements which are developed by the

agency that has animal health jurisdiction and the
agency that conducts the inspection program with
consideration of factors such as the need for
antemortem and postmortem examination by an
P
APPROVED veterinarian or veterinarian’s designee;
or
(4) As allowed by LAW , for field-dressed wild GAME ANIMALS

under a routine inspection program that ensures the
animals:
(a) Receive a postmortem examination by an APPROVED

veterinarian or veterinarian's designee, P or
(b) Are field-dressed and transported according to

requirements specified by the agency that has animal
health jurisdiction and the agency that conducts the
inspection program, P and
(c) Are processed according to LAWS governing MEAT

and POULTRY as determined by the agency that has
animal health jurisdiction and the agency that conducts
the inspection program. P
(B) A GAME ANIMAL may not be received for sale or service if it is

a species of wildlife that is listed in 50 CFR 17 Endangered and
threatened wildlife and plants.
Specifications 3-202.11 Temperature.

for Receiving
(A) Except as specified in ¶ (B) of this section, refrigerated,
POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR
o o
SAFETY FOOD) shall be at a temperature of 5 C (41 F) or below
when received. P
(B) If a temperature other than 5°C (41°F) for a POTENTIALLY

HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD)
53
is specified in LAW governing its distribution, such as LAWS
governing milk and MOLLUSCAN SHELLFISH, the FOOD may be
received at the specified temperature.
(C) Raw EGGS shall be received in refrigerated equipment that

maintains an ambient air temperature of 7oC (45oF) or less. P
(D) POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL

FOR SAFETY FOOD) that is cooked to a temperature and for a time
specified under §§ 3-401.11 - 3-401.13 and received hot shall
be at a temperature of 57oC (135oF) or above. P
(E) A FOOD that is labeled frozen and shipped frozen by a FOOD

Pf
PROCESSING PLANT shall be received frozen.
(F) Upon receipt, POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) shall be free of
evidence of previous temperature abuse. Pf
3-202.12 Additives.
FOOD may not contain unAPPROVED FOOD ADDITIVES or ADDITIVES

that exceed amounts specified in 21 CFR 170-180 relating to
FOOD ADDITIVES, generally recognized as safe or prior
sanctioned substances that exceed amounts specified in 21
CFR 181-186, substances that exceed amounts specified in 9
CFR Subpart C Section 424.21(b) Food ingredients and
sources of radiation, or pesticide residues that exceed
provisions specified in 40 CFR 180 Tolerances for pesticides
chemicals in food, and exceptions. P
3-202.13 Eggs.
EGGS shall be received clean and sound and may not exceed
the restricted EGG tolerances for U.S. Consumer Grade B as
specified in United States Standards, Grades, and Weight
Classes for Shell Eggs, AMS 56.200 et seq., administered by
the Agricultural Marketing Service of USDA. P
3-202.14 Eggs and Milk Products, Pasteurized.
(A) EGG PRODUCTS shall be obtained pasteurized. P
54
(B) Fluid and dry milk and milk products shall:
(1) Be obtained pasteurized; P and
(2) Comply with GRADE A STANDARDS as specified in LAW . P
(C) Frozen milk products, such as ice cream, shall be obtained

pasteurized as specified in 21 CFR 135 - Frozen desserts. P
(D) Cheese shall be obtained pasteurized unless alternative

procedures to pasteurization are specified in the CFR, such as
21 CFR 133 - Cheeses and related cheese products, for curing
certain cheese varieties. P
3-202.15 Package Integrity.
FOOD packages shall be in good condition and protect the

integrity of the contents so that the FOOD is not exposed to
Pf
ADULTERATION or potential contaminants.
3-202.16 Ice.
Ice for use as a FOOD or a cooling medium shall be made from

P
DRINKING WATER.
3-202.17 Shucked Shellfish, Packaging and

Identification.
(A) Raw SHUCKED SHELLFISH shall be obtained in nonreturnable

packages which bear a legible label that identifies the: Pf
(1) Name, address, and CERTIFICATION NUMBER of the shucker,

packer or repacker of the MOLLUSCAN SHELLFISH; Pf and
(2) The "sell by" or "best if used by" date for packages with a
capacity of less than 1.89 L (one-half gallon) or the date
shucked for packages with a capacity of 1.89 L (one-half
gallon) or more. Pf
(B) A package of raw SHUCKED SHELLFISH that does not bear a

label or which bears a label which does not contain all the
information as specified under ¶ (A) of this section shall be
subject to a hold order, as allowed by LAW , or seizure and
55
destruction in accordance with 21 CFR Subpart D - Specific
Administrative Decisions Regarding Interstate Shipments,
Section 1240.60(d) Molluscan shellfish.
3-202.18 Shellstock Identification.
(A) SHELLSTOCK shall be obtained in containers bearing legible

source identification tags or labels that are affixed by the
harvester or DEALER that depurates, ships, or reships the
SHELLSTOCK, as specified in the National Shellfish Sanitation
Program Guide for the Control of Molluscan Shellfish, and that
list: Pf
(1) Except as specified under ¶ (C) of this section, on the

harvester's tag or label, the following information in the
following order: Pf
(a) The harvester's identification number that is assigned

by the SHELLFISH CONTROL AUTHORITY, Pf
(b) The date of harvesting, Pf
(c) The most precise identification of the harvest location

or aquaculture site that is practicable based on the
system of harvest area designations that is in use by the
SHELLFISH CONTROL AUTHORITY and including the
abbreviation of the name of the state or country in which
the shellfish are harvested, Pf
(d) The type and quantity of shellfish, Pf and
(e) The following statement in bold, capitalized type: "This

tag is required to be attached until container is empty or
retagged and thereafter kept on file for 90 days”; Pf and
(2) Except as specified in ¶ (D) of this section, on each

DEALER'S tag or label, the following information in the
following order: Pf
(a) The DEALER'S name and address, and the

CERTIFICATION NUMBER assigned by the SHELLFISH
Pf
CONTROL AUTHORITY,
(b) The original shipper's CERTIFICATION NUMBER including

the abbreviation of the name of the state or country in
56
which the shellfish are harvested, Pf
(c) The same information as specified for a harvester's

tag under Subparagraphs (A)(1)(b)-(d) of this section, Pf
and
(d) The following statement in bold, capitalized type:

"This tag is required to be attached until container is
empty and thereafter kept on file for 90 days." Pf
(B) A container of SHELLSTOCK that does not bear a tag or label

or that bears a tag or label that does not contain all the
information as specified under ¶ (A) of this section shall be
subject to a hold order, as allowed by LAW , or seizure and
destruction in accordance with 21 CFR Subpart D - Specific
Administrative Decisions Regarding Interstate Shipments,
Section 1240.60(d).
(C) If a place is provided on the harvester's tag or label for a

DEALER's name, address, and CERTIFICATION NUMBER, the
DEALER's information shall be listed first.
(D) If the harvester's tag or label is designed to accommodate

each DEALER's identification as specified under Subparagraphs
(A)(2)(a) and (b) of this section, individual DEALER tags or labels
need not be provided.
3-202.19 Shellstock, Condition.
When received by a FOOD ESTABLISHMENT, SHELLSTOCK shall be

reasonably free of mud, dead shellfish, and shellfish with
broken shells. Dead shellfish or SHELLSTOCK with badly broken
shells shall be discarded.
3-202.110 Juice Treated.
Commercially Pre-PACKAGED JUICE shall:

Processed
(A) Be obtained from a processor with a HACCP system as
specified in 21 CFR Part 120 Hazard Analysis and Critical
Control (HACCP) Systems; Pf and
(B) Be obtained pasteurized or otherwise treated to attain a

5-log reduction of the most resistant microorganism of public
57
health significance as specified in 21 CFR Part 120.24
Process Controls. P
3-203.11 Molluscan Shellfish, Original Container.
(A) Except as specified in ¶¶ (B) - (D) of this section,

MOLLUSCAN SHELLFISH may not be removed from the container in
which they are received other than immediately before sale or
preparation for service.
Original (B) For display purposes, SHELLSTOCK may be removed from

Containers and the container in which they are received, displayed on drained
Records ice, or held in a display container, and a quantity specified by a
CONSUMER may be removed from the display or display
container and provided to the CONSUMER if:
(1) The source of the SHELLSTOCK on display is identified as

specified under § 3-202.18 and recorded as specified under
§ 3-203.12; and
(2) The SHELLSTOCK are protected from contamination.
(C) SHUCKED SHELLFISH may be removed from the container in

which they were received and held in a display container from
which individual servings are dispensed upon a CONSUMER'S
request if:
(1) The labeling information for the shellfish on display as

specified under § 3-202.17 is retained and correlated to the
date when, or dates during which, the shellfish are sold or
served; and
(2) The shellfish are protected from contamination.
(D) SHUCKED SHELLFISH may be removed from the container in

which they were received and repacked in CONSUMER self
service containers where allowed by LAW if:
(1) The labeling information for the shellfish is on each

CONSUMER self service container as specified under
§ 3-202.17 and ¶¶ 3-602.11(A) and (B)(1) - (5);
(2) The labeling information as specified under § 3-202.17 is

retained and correlated with the date when, or dates during
which, the shellfish are sold or served;
58
(3) The labeling information and dates specified under
Subparagraph (D)(2) of this section are maintained for 90
days; and
(4) The shellfish are protected from contamination.
3-203.12 Shellstock, Maintaining Identification.
(A) Except as specified under Subparagraph (C) (2) of this

section, SHELLSTOCK tags or labels shall remain attached to the
container in which the SHELLSTOCK are received until the
container is empty. Pf
(B) The date when the last SHELLSTOCK from the container is
sold or served shall be recorded on the tag or label. Pf
(C) The identity of the source of SHELLSTOCK that are sold or

served shall be maintained by retaining SHELLSTOCK tags or
labels for 90 calendar days from the date that is recorded on
the tag or label, as specified under ¶ B of this section, by: Pf
(1) Using an APPROVED record keeping system that keeps

the tags or labels in chronological order correlated to the
date that is recorded on the tag or label, as specified under
¶ B of this section; Pf and
(2) If SHELLSTOCK are removed from its tagged or labeled

container:
(a) Preserving source identification by using a

record keeping system as specified under
Subparagraph (C)(1) of this section, Pf and
(b) Ensuring that SHELLSTOCK from one tagged or labeled

container are not COMMINGLED with SHELLSTOCK from
another container with different CERTIFICATION NUMBERS;
different harvest dates; or different growing areas as
identified on the tag or label before being ordered by the
Pf
CONSUMER.
59
3-3 PROTECTION FROM CONTAMINATION AFTER RECEIVING
Subparts
3-301 Preventing Contamination by Employees

3-302 Preventing Food and Ingredient Contamination
3-303 Preventing Contamination from Ice Used as a
Coolant
3-304 Preventing Contamination from Equipment,
3-305 Preventing Contamination from the Premises
3-306 Preventing Contamination by Consumers
3-307 Preventing Contamination from Other
Sources
Preventing 3-301.11 Preventing Contamination from Hands.

Contamination
by Employees (A) FOOD EMPLOYEES shall wash their hands as specified under
§ 2-301.12.
(B) Except when washing fruits and vegetables as specified

under Section 3-302.15 or as specified in Paragraphs (D) and
(E) of this section, FOOD EMPLOYEES may not contact exposed,
READY-TO-EAT FOOD with their bare hands and shall use suitable
UTENSILS such as deli tissue, spatulas, tongs, SINGLE-USE
gloves, or dispensing EQUIPMENT. P
(C) FOOD EMPLOYEES shall minimize bare hand and arm contact
with exposed FOOD that is not in a READY-TO-EAT form. Pf
(D) Paragraph (B) of this section does not apply to a FOOD

EMPLOYEE who contacts exposed, READY-TO-EAT FOOD with bare
hands at the time the READY-TO-EAT FOOD is being added as an
ingredient to a FOOD that is to be cooked in the FOOD
ESTABLISHMENT to heat all parts of the FOOD to a temperature of
at least 74° C (165° F).
(E) FOOD EMPLOYEES not serving a HIGHLY SUSCEPTIBLE

POPULATION may contact exposed, READY-TO-EAT FOOD with
their bare hands if:
(1) The PERMIT HOLDER obtains prior APPROVAL from the

REGULATORY AUTHORITY;
(2) Written procedures are maintained in the FOOD

ESTABLISHMENT and made available to the REGULATORY
60
AUTHORITY upon request that include:
(a) For each bare hand contact procedure, a listing of

the specific READY-TO-EAT FOODS that are touched by
bare hands,
(b) Diagrams and other information showing that

handwashing facilities, installed, located, equipped, and
maintained as specified under §§ 5-203.11, 5-204.11,
5-205.11, 6-301.11, 6-301.12, and 6-301.14, are in an
easily accessible location and in close proximity to the
work station where the bare hand contact procedure is
conducted;
(3) A written EMPLOYEE health policy that details how the

FOOD ESTABLISHMENT complies with §§ 2-201.11, 2-
201.12, and 2-201.13 including:
(a) Documentation that FOOD EMPLOYEES and

CONDITIONAL EMPLOYEES acknowledge that they are
informed to report information about their health and
activities as they relate to gastrointestinal symptoms and
diseases that are transmittable through FOOD as
specified under ¶ 2-201.11(A),
(b) Documentation that FOOD EMPLOYEES and

CONDITIONAL EMPLOYEES acknowledge their
responsibilities as specified under ¶ 2-201.11(E) and
(F), and
(c) Documentation that the PERSON IN CHARGE

acknowledges the responsibilities as specified under
¶¶ 2-201.11(B), (C) and (D), and §§ 2-201.12 and
2-201.13;
(4) Documentation that FOOD EMPLOYEES acknowledge that

they have received training in:
(a) The RISKS of contacting the specific READY-TO-EAT FOODS

with bare hands,
(b) Proper handwashing as specified under § 2-301.12,
(c) When to wash their hands as specified under

§ 2-301.14,
61
(d) Where to wash their hands as specified under
§ 2-301.15,
(e) Proper fingernail maintenance as specified under

§ 2-302.11,
(f) Prohibition of jewelry as specified under § 2-303.11,

and
(g) Good hygienic practices as specified under

§§2-401.11 and 2-401.12;
(5) Documentation that hands are washed before FOOD

preparation and as necessary to prevent cross
contamination by FOOD EMPLOYEES as specified under §§ 2-
301.11, 2-301.12, 2-301.14, and 2-301.15 during all hours
of operation when the specific READY-TO-EAT FOODS are
prepared;
(6) Documentation that FOOD EMPLOYEES contacting READY-TO-

EAT FOOD with bare hands use two or more of the following
control measures to provide additional safeguards to
HAZARDS associated with bare hand contact:
(a) Double handwashing,
(b) Nail brushes,
(c) A hand antiseptic after handwashing as specified

under § 2-301.16,
(d) Incentive programs such as paid sick leave that

assist or encourage FOOD EMPLOYEES not to work when
they are ill, or
(e) Other control measures APPROVED by the

(7) Documentation that corrective action is taken when

Subparagraphs (E) (1) - (6) of this section are not followed.
3-301.12 Preventing Contamination When Tasting.
A FOOD EMPLOYEE may not use a UTENSIL more than once to

taste FOOD that is to be sold or served. P
62
Preventing 3-302.11 Packaged and Unpackaged Food -
Food Separation, Packaging, and Segregation.
and Ingredient
Contamination (A) FOOD shall be protected from cross contamination by:
(1) Except as specified in (1)(c) below, separating raw

animal FOODS during storage, preparation, holding, and
display from:
(a) Raw READY-TO-EAT FOOD including other raw animal

FOOD such as FISH for sushi or MOLLUSCAN SHELLFISH, or
other raw READY-TO-EAT FOOD such as fruits and
vegetables, P and
(b) Cooked READY-TO-EAT FOOD; P
(c) Frozen, commercially processed and packaged raw

animal FOOD may be stored or displayed with or above
frozen, commercially processed and packaged, ready-
to-eat food.
(2) Except when combined as ingredients, separating types

of raw animal FOODS from each other such as beef, FISH,
lamb, pork, and POULTRY during storage, preparation,
holding, and display by:
(a) Using separate EQUIPMENT for each type, P or
(b) Arranging each type of FOOD in EQUIPMENT so that

cross contamination of one type with another is
prevented, P and
(c) Preparing each type of FOOD at different times or in

separate areas; P
(3) Cleaning EQUIPMENT and UTENSILS as specified under

¶ 4-602.11(A) and SANITIZING as specified under §
4-703.11;
(4) Except as specified under Subparagraph 3-501.15(B)(2)

and in ¶ (B) of this section, storing the FOOD in packages,
covered containers, or wrappings;
(5) Cleaning HERMETICALLY SEALED CONTAINERS of FOOD of
63
visible soil before opening;
(6) Protecting FOOD containers that are received packaged

together in a case or overwrap from cuts when the case or
overwrap is opened;
(7) Storing damaged, spoiled, or recalled FOOD being held

in the FOOD ESTABLISHMENT as specified under § 6-404.11;
and
(8) Separating fruits and vegetables, before they are

washed as specified under § 3-302.15 from READY-TO-EAT
FOOD.
(B) Subparagraph (A)(4) of this section does not apply to:
(1) Whole, uncut, raw fruits and vegetables and nuts in the
shell, that require peeling or hulling before consumption;
(2) PRIMAL CUTS, quarters, or sides of raw MEAT or slab

bacon that are hung on clean, SANITIZED hooks or placed on
clean, SANITIZED racks;
(3) Whole, uncut, processed MEATS such as country hams,

and smoked or cured sausages that are placed on clean,
SANITIZED racks;
(4) FOOD being cooled as specified under Subparagraph

3-501.15(B)(2); or
(5) SHELLSTOCK.
3-302.12 Food Storage Containers, Identified with

Common Name of Food.
Except for containers holding FOOD that can be readily and

unmistakably recognized such as dry pasta, working containers
holding FOOD or FOOD ingredients that are removed from their
original packages for use in the FOOD ESTABLISHMENT, such as
cooking oils, flour, herbs, potato flakes, salt, spices, and sugar
shall be identified with the common name of the FOOD.
3-302.13 Pasteurized Eggs, Substitute for Raw Eggs

for Certain Recipes.
64
Pasteurized EGGS or EGG PRODUCTS shall be substituted for raw
EGGS in the preparation of FOODS such as Caesar salad,
hollandaise or Béarnaise sauce, mayonnaise, meringue,
eggnog, ice cream, and EGG-fortified BEVERAGES that are not: P
(A) Cooked as specified under Subparagraphs 3-401.11(A)(1)

or (2); P or
(B) Included in ¶ 3-401.11(D). P
3-302.14 Protection from Unapproved Additives.
(A) FOOD shall be protected from contamination that may result

from the addition of, as specified in § 3-202.12:
(1) Unsafe or unAPPROVED FOOD or COLOR ADDITIVES; P and
(2) Unsafe or unAPPROVED levels of APPROVED FOOD and

P
COLOR ADDITIVES.
(B) A FOOD EMPLOYEE may not:
(1) Apply sulfiting agents to fresh fruits and vegetables

intended for raw consumption or to a FOOD considered to be
a good source of vitamin B1; P or
(2) Except for grapes, serve or sell FOOD specified under

Subparagraph (B)(1) of this section that is treated with
sulfiting agents before receipt by the FOOD ESTABLISHMENT. P
3-302.15 Washing Fruits and Vegetables.
(A) Except as specified in ¶ (B) of this section and except for

whole, raw fruits and vegetables that are intended for washing
by the CONSUMER before consumption, raw fruits and
vegetables shall be thoroughly washed in water to remove soil
and other contaminants before being cut, combined with other
ingredients, cooked, served, or offered for human consumption
in READY-TO-EAT form.
(B) Fruits and vegetables may be washed by using chemicals

as specified under § 7-204.12.
65
Preventing 3-303.11 Ice Used as Exterior Coolant, Prohibited as
Contamination Ingredient.
from Ice Used
as a Coolant 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
3-303.12 Storage or Display of Food in Contact with

Water or Ice.
(A) PACKAGED FOOD may not be stored in direct contact with ice
or water if the FOOD is subject to the entry of water because of
the nature of its packaging, wrapping, or container or its
positioning in the ice or water.
((B) Except as specified in ¶¶ (C) and (D) of this section,

unPACKAGED FOOD may not be stored in direct contact with
undrained ice.
(C) Whole, raw fruits or vegetables; cut, raw vegetables such

as celery or carrot sticks or cut potatoes; and tofu may be
immersed in ice or water.
(D) Raw poultry and raw FISH that are received immersed in ice
in shipping containers may remain in that condition while in
storage awaiting preparation, display, service, or sale.
Preventing 3-304.11 Food Contact with Equipment and Utensils.

Contamination
from FOOD shall only contact surfaces of:
Equipment,
Utensils, and (A) EQUIPMENT and UTENSILS that are cleaned as specified
Linens under Part 4-6 of this Code and SANITIZED as specified
under Part 4-7 of this Code; P or
(B) SINGLE-SERVICE and SINGLE-USE ARTICLES. P
3-304.12 In-Use Utensils, Between-Use Storage.
During pauses in FOOD preparation or dispensing, FOOD

preparation and dispensing UTENSILS shall be stored:
66
(A) Except as specified under ¶ (B) of this section, in the FOOD
with their handles above the top of the FOOD and the
container;
(B) In FOOD that is not POTENTIALLY HAZARDOUS

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) with their
handles above the top of the FOOD within containers or
EQUIPMENT that can be closed, such as bins of sugar, flour,
or cinnamon;
(C) On a clean portion of the FOOD preparation table or cooking

EQUIPMENT only if the in-use UTENSIL and the FOOD-CONTACT
surface of the FOOD preparation table or cooking EQUIPMENT
are cleaned and SANITIZED at a frequency specified under
§§ 4-602.11 and 4-702.11;
(D) In running water of sufficient velocity to flush particulates to

the drain, if used with moist FOOD such as ice cream or
mashed potatoes;
(E) In a clean, protected location if the UTENSILS, such as ice

scoops, are used only with a FOOD that is not POTENTIALLY
HAZARDOUS (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD);
or
(F) In a container of water if the water is maintained at a

temperature of at least 57oC (135oF) and the container is
cleaned at a frequency specified under Subparagraph
4-602.11(D)(7).
3-304.13 Linens and Napkins, Use Limitation.
LINENS and napkins may not be used in contact with FOOD

unless they are used to line a container for the service of
FOODS and the LINENS and napkins are replaced each time the
container is refilled for a new CONSUMER.
3-304.14 Wiping Cloths, Use Limitation.
(A) Cloths in-use for wiping FOOD spills from TABLEWARE and
carry-out containers that occur as FOOD is being served shall
be:
67
(1) Maintained dry; and
(2) Used for no other purpose.
(B) Cloths in-use for wiping counters and other EQUIPMENT

surfaces shall be:
(1) Held between uses in a chemical sanitizer solution at a

concentration specified under § 4-501.114; and
(2) Laundered daily as specified under ¶ 4-802.11(D).
(C) Cloths in-use for wiping surfaces in contact with raw

animal FOODS shall be kept separate from cloths used for other
purposes.
(D) Dry wiping cloths and the chemical sanitizing solutions

specified in Subparagraph (B)(1) of this section in which wet
wiping cloths are held between uses shall be free of FOOD
debris and visible soil.
(E) Containers of chemical sanitizing solutions specified in

Subparagraph (B)(1) of this section in which wet wiping cloths
are held between uses shall be stored off the floor and used in
a manner that prevents contamination of FOOD, EQUIPMENT,
UTENSILS, LINENS, SINGLE-SERVICE, or SINGLE-USE ARTICLES.
(F) SINGLE-USE disposable sanitizer wipes shall be used in

accordance with EPA-approved manufacturer’s label use
instructions.
3-304.15 Gloves, Use Limitation.
(A) If used, SINGLE-USE gloves shall be used for only one task
such as working with READY-TO-EAT FOOD or with raw animal
FOOD, used for no other purpose, and discarded when
damaged or soiled, or when interruptions occur in the
operation. P
(B) Except as specified in ¶ (C) of this section, slash-resistant

gloves that are used to protect the hands during operations
requiring cutting shall be used in direct contact only with FOOD
that is subsequently cooked as specified under Part 3-4 such
as frozen FOOD or a PRIMAL CUT of MEAT.
68
(C) Slash-resistant gloves may be used with READY-TO-EAT
FOOD that will not be subsequently cooked if the slash-resistant
gloves have a SMOOTH, durable, and nonabsorbent outer
surface; or if
the slash-resistant gloves are covered with a SMOOTH, durable,
nonabsorbent glove, or a SINGLE-USE glove.
(D) Cloth gloves may not be used in direct contact with FOOD
unless the FOOD is subsequently cooked as required under Part
3-4 such as frozen FOOD or a PRIMAL CUT of MEAT.
3-304.16 Using Clean Tableware for Second Portions

and Refills.
(A) Except for refilling a CONSUMER’S drinking cup or container

without contact between the pouring UTENSIL and the lip-
contact area of the drinking cup or container, FOOD EMPLOYEES
may not use TABLEWARE, including SINGLE-SERVICE ARTICLES,
soiled by the CONSUMER, to provide second portions or refills.
(B) Except as specified in ¶ (C) of this section, self-service

CONSUMERS may not be allowed to use soiled TABLEWARE,
including SINGLE-SERVICE ARTICLES, to obtain additional FOOD
from the display and serving EQUIPMENT.
(C) Drinking cups and containers may be reused by self-

service CONSUMERS if refilling is a contamination-free process
as specified under ¶¶ 4-204.13(A), (B), and (D).
3-304.17 Refilling Returnables.
(A) A take-home FOOD container returned to a FOOD

ESTABLISHMENT may not be refilled at a FOOD ESTABLISHMENT
with a POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD).
(B) Except as specified in ¶ (C), a take-home FOOD container

refilled with FOOD that is not POTENTIALLY HAZARDOUS
(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) shall be
cleaned as specified under ¶ 4-603.17(B).
(C) Personal take-out BEVERAGE containers, such as thermally

insulated bottles, nonspill coffee cups, and promotional
BEVERAGE glasses, may be refilled by EMPLOYEES or the
69
CONSUMER if refilling is a contamination-free process as
specified under ¶¶ 4-204.13(A), (B), and (D).
Preventing 3-305.11 Food Storage.

Contamination
from the (A) Except as specified in ¶¶ (B) and (C) of this section, FOOD
Premises shall be protected from contamination by storing the FOOD:
(1) In a clean, dry location;
(2) Where it is not exposed to splash, dust, or other

contamination; and
(3) At least 15 cm (6 inches) above the floor.
(B) FOOD in packages and working containers may be stored

less than 15 cm (6 inches) above the floor on case lot handling
EQUIPMENT as specified under § 4-204.122.
(C) Pressurized BEVERAGE containers, cased FOOD in

waterproof containers such as bottles or cans, and milk
containers in plastic
crates may be stored on a floor that is clean and not exposed
to floor moisture.
3-305.12 Food Storage, Prohibited Areas.
FOOD may not be stored:
(A) In locker rooms;
(B) In toilet rooms;
(C) In dressing rooms;
(D) In garbage rooms;
(E) In mechanical rooms;
(F) Under sewer lines that are not shielded to intercept

potential drips;
(G) Under leaking water lines, including leaking automatic fire

sprinkler heads, or under lines on which water has
70
condensed;
(H) Under open stairwells; or
(I) Under other sources of contamination.
3-305.13
DELETED
3-305.14 Food Preparation.
During preparation, unPACKAGED FOOD shall be protected from

environmental sources of contamination.
Preventing 3-306.11 Food Display.

Contamination
by Consumers Except for nuts in the shell and whole, raw fruits and
vegetables that are intended for hulling, peeling, or washing by
the CONSUMER before consumption, FOOD on display shall be
protected from contamination by the use of PACKAGING;
counter, service line, or salad bar FOOD guards; display cases;
or other effective means. P
3-306.12 Condiments, Protection.
(A) Condiments shall be protected from contamination by being

kept in dispensers that are designed to provide protection,
protected FOOD displays provided with the proper UTENSILS,
original containers designed for dispensing, or individual
PACKAGES or portions.
(B) DELETED
3-306.13 Consumer Self-Service Operations.
(A) Raw, unPACKAGED animal FOOD, such as beef, lamb, pork,

POULTRY, and FISH may not be offered for CONSUMER self-
service. P This paragraph does not apply to:
(1) CONSUMER self-service of READY-TO-EAT FOODS at buffets
71
or salad bars that serve FOODS such as sushi or raw
shellfish;
(2) Ready-to-cook individual portions for immediate cooking

and consumption on the PREMISES such as CONSUMER-
cooked MEATS or CONSUMER-selected ingredients for
Mongolian barbecue; or
(3) Raw, frozen, shell-on shrimp, or lobster.
(B) CONSUMER self-service operations for READY-TO-EAT FOODS

shall be provided with suitable UTENSILS or effective dispensing
methods that protect the FOOD from contamination. Pf
(C) CONSUMER self-service operations such as buffets and

salad bars shall be monitored by FOOD EMPLOYEES trained in
safe operating procedures. Pf
3-306.14 Returned Food and Re-Service of Food.
(A) Except as specified in ¶ (B) of this section, after being

served or sold and in the possession of a CONSUMER, FOOD that
is unused or returned by the CONSUMER may not be offered as
P
FOOD for human consumption.
(B) Except as specified under ¶ 3-801.11(G), a container of

FOOD that is not POTENTIALLY HAZARDOUS (TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD) may be RE-SERVED from one
CONSUMER to another if:
(1) The FOOD is dispensed so that it is protected from

contamination and the container is closed between uses,
such as a narrow-neck bottle containing catsup, steak
sauce, or wine; or
(2) The FOOD, such as crackers, salt, or pepper, is in an

unopened original PACKAGE and is maintained in sound
condition.
Preventing 3-307.11 Miscellaneous Sources of Contamination.

Contamination
from Other FOOD shall be protected from contamination that may result
Sources from a factor or source not specified under Subparts 3-301 -
3-306.
72
3-4 DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH CONCERN
Subparts
3-401 Cooking
3-402 Freezing
3-403 Reheating
3-404 Other Methods
Cooking 3-401.11 Raw Animal Foods.
(A) Except as specified under ¶ (B) and in ¶¶ (C) and (D) of this
section, raw animal FOODS such as EGGS, FISH, MEAT, POULTRY,
and FOODS containing these raw animal FOODS, shall be cooked
to heat all parts of the FOOD to a temperature and for a time that
complies with one of the following methods based on the FOOD
that is being cooked:
(1) 63oC (145oF) or above for 15 seconds for: P
(a) Raw EGGS that are broken and prepared in response to

a CONSUMER'S order and for immediate service, P and
(b) Except as specified under Subparagraphs (A)(2) and

(A)(3) and ¶ (B), and in ¶ (C) of this section, FISH and MEAT
including GAME ANIMALS commercially raised for FOOD as
specified under Subparagraph 3-201.17(A)(1) and GAME
ANIMALS under a voluntary inspection program as specified
under Subparagraph 3-201.17(A)(2); P
73
(2) 68oC (155oF) for 15 seconds or the temperature specified
in the following chart that corresponds to the holding time for
RATITES, MECHANICALLY TENDERIZED, and INJECTED MEATS; the
following if they are COMMINUTED: FISH, MEAT, GAME ANIMALS
commercially raised for FOOD as specified under
Subparagraph 3-201.17(A)(1), and GAME ANIMALS under a
voluntary inspection program as specified under
Subparagraph 3-201.17(A)(2); and raw EGGS that are not
prepared as specified under Subparagraph (A)(1)(a) of this
section: P
Minimum
Temperature Time
o
C (oF)
63 (145) 3 minutes
66 (150) 1 minute
70 (158) < 1 second (instantaneous)
;or
(3) 74oC (165oF) or above for 15 seconds for POULTRY,

BALUTS, wild GAME ANIMALS as specified under Subparagraphs
3-201.17(A)(3) and (4), stuffed FISH, stuffed MEAT, stuffed
pasta, stuffed POULTRY, stuffed RATITES, or stuffing containing
P
FISH, MEAT, POULTRY, or RATITES.
(B) Whole MEAT roasts including beef, corned beef, lamb, pork,
and cured pork roasts such as ham shall be cooked:
(1) In an oven that is preheated to the temperature specified

for the roast's weight in the following chart and that is held at
that temperature: Pf
74
Oven Type Oven Temperature Based on Roast Weight
Less than 4.5 kg (10 lbs) 4.5 kg (10 lbs) or More
Still Dry 177oC (350oF) or more 121oC (250oF) or more
Convection 163oC (325oF) or more 121oC (250oF) or more
High Humidity1 121oC (250oF) or less 121oC (250oF) or less

1
Relative humidity greater than 90% for at least 1 hour as measured in the cooking
chamber or exit of the oven; or in a moisture-impermeable bag that provides 100%
humidity.
;and
(2) As specified in the following chart, to heat all parts of the

FOOD to a temperature and for the holding time that
corresponds to that temperature: P
Temperature Time1 in Temperature Time1 in

°C (°F) Minutes °C (°F) Seconds
54.4 (130) 112 63.9 (147) 134
55.0 (131) 89 65.0 (149) 85
56.1 (133) 56 66.1 (151) 54
57.2 (135) 36 67.2 (153) 34
57.8 (136) 28 68.3 (155) 22
58.9 (138) 18 69.4 (157) 14
60.0 (140) 12 70.0 (158) 0
61.1 (142) 8
62.2 (144) 5
62.8 (145) 4
1
Holding time may include postoven heat rise.
(C) A raw or undercooked WHOLE-MUSCLE, INTACT BEEF steak may

be served or offered for sale in a READY-TO-EAT form if:
(1) The FOOD ESTABLISHMENT serves a population that is not a

HIGHLY SUSCEPTIBLE POPULATION,
(2) The steak is labeled to indicate that it meets the definition of

"WHOLE-MUSCLE, INTACT BEEF" as specified under
75
¶ 3-201.11(E), and
(3) The steak is cooked on both the top and bottom to a surface
temperature of 63oC (145oF) or above and a cooked color
change is achieved on all external surfaces.
(D) A raw animal FOOD such as raw EGG, raw FISH, raw-marinated
FISH, raw MOLLUSCAN SHELLFISH, or steak tartare; or a partially
cooked FOOD such as lightly cooked FISH, soft cooked EGGS, or
rare MEAT other than WHOLE-MUSCLE, INTACT BEEF steaks as
specified in ¶ (C) of this section, may be served or offered for
sale upon CONSUMER request or selection in a READY-TO-EAT form
if:
(1) As specified under ¶¶ 3-801.11(C)(1) and (2), the FOOD

ESTABLISHMENT serves a population that is not a HIGHLY
SUSCEPTIBLE POPULATION;
(2) The FOOD, if served or offered for service by CONSUMER

selection from a children’s menu, does not contain
Pf
COMMINUTED MEAT; and
(3) The CONSUMER is informed as specified under § 3-603.11

that to ensure its safety, the FOOD should be cooked as
specified under ¶ (A) or (B) of this section; or
(4) The REGULATORY AUTHORITY grants a VARIANCE from ¶ (A) or

(B) of this section as specified in § 8-103.10 based on a
HACCP PLAN that:
(a) Is submitted by the PERMIT HOLDER and APPROVED

as specified under § 8-103.11,
(b) Documents scientific data or other information

showing that a lesser time and temperature regimen
results in a safe FOOD, and
(c) Verifies that EQUIPMENT and procedures for FOOD

preparation and training of FOOD EMPLOYEES at the
FOOD ESTABLISHMENT meet the conditions of the
VARIANCE.
3-401.12 Microwave Cooking.
Raw animal FOODS cooked in a microwave oven shall be:
76
(A) Rotated or stirred throughout or midway during cooking to
compensate for uneven distribution of heat;
(B) Covered to retain surface moisture;
(C) Heated to a temperature of at least 74oC (165oF) in all parts

of the FOOD; and
(D) Allowed to stand covered for 2 minutes after cooking to

obtain temperature equilibrium.
3-401.13 Plant Food Cooking for Hot Holding.
Fruits and vegetables that are cooked for hot holding shall be
cooked to a temperature of 57oC (135oF). Pf
3-401.14 Non-Continuous Cooking of Raw Animal Foods.
Raw animal FOODS that are cooked using a NON-CONTINUOUS

COOKING process shall be:
(A) Subject to an initial heating process that is no longer than

sixty minutes in duration; P
(B) Immediately after initial heating, cooled according to the

time and temperature parameters specified for cooked
POTENTIALLY HAZARDOUS FOOD (TIME /TEMPERATURE CONTROL
P
FOR SAFETY FOOD) under ¶ 3-501.14(A);
(C) After cooling, held frozen or cold, as specified for

POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL
P
FOR SAFETY FOOD) under ¶ 3-501.16(A)(2);
(D) Prior to sale or service, cooked using a process that heats

all parts of the FOOD to a temperature of at least 74°C (165°F)
for 15 seconds; P
77
(E) Cooled according to the time and temperature parameters
specified for cooked POTENTIALLY HAZARDOUS FOOD (TIME
/TEMPERATURE CONTROL FOR SAFETY FOOD) under
¶ 3-501.14(A) if not either hot held as specified under
¶3-501.16(A), served immediately, or held using time as a
public health control as specified under §3-501.19 after
complete cooking; P and
(F) Prepared and stored according to written procedures that:
(1) Have obtained prior APPROVAL from the REGULATORY

Pf
AUTHORITY;
(2) Are maintained in the FOOD ESTABLISHMENT and are

available to the REGULATORY AUTHORITY upon request; Pf
(3) Describe how the requirements specified under

¶ (A)-(E) of this Section are to be monitored and
documented by the PERMIT HOLDER and the corrective
actions to be taken if the requirements are not met; Pf
(4) Describe how the FOODS, after initial heating, but prior
to complete cooking, are to be marked or otherwise
identified as FOODS that must be cooked as specified
under ¶ (D) of this section prior to being offered for sale or
service; Pf and
(5) Describe how the FOODS, after initial heating but prior
to cooking as specified under ¶(D) of this section, are to
be separated from READY-TO-EAT FOODS as specified under
¶ 3-302.11 (D). Pf
Freezing 3-402.11 Parasite Destruction.
(A) Except as specified in ¶ (B) of this section, before service or

sale in READY-TO-EAT form, raw, raw-marinated, partially cooked,
or marinated-partially cooked FISH shall be:
(1) Frozen and stored at a temperature of -20°C (-4°F) or below

for a minimum of 168 hours (7 days) in a freezer; P
(2) Frozen at -35°C (-31°F) or below until solid and stored at

-35°C (-31°F) or below for a minimum of 15 hours; P or
(3) Frozen at -35°C (-31°F) or below until solid and stored at
78
-20°C (-4°F) or below for a minimum of 24 hours. P
(B) Paragraph (A) of this section does not apply to:
(1) MOLLUSCAN SHELLFISH;
(2) Tuna of the species Thunnus alalunga, Thunnus albacares

(Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii
(Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or
Thunnus thynnus (Bluefin tuna, Northern); or
(3) Aquacultured FISH, such as salmon, that:
(a) If raised in open water, are raised in net-pens, or
(b) Are raised in land-based operations such as ponds or

tanks, and
(c) Are fed formulated feed, such as pellets, that contains no

live parasites infective to the aquacultured FISH.
(4) FISH eggs that have been removed from the skein and
rinsed.
3-402.12 Records, Creation and Retention.
(A) Except as specified in ¶ 3-402.11(B) and ¶ (B) of this section,

if raw, raw-marinated, partially cooked, or marinated-partially
cooked FISH are served or sold in READY-TO-EAT form, the PERSON
IN CHARGE shall record the freezing temperature and time to
which the FISH are subjected and shall retain the records of the
FOOD ESTABLISHMENT for 90 calendar days beyond the time of
service or sale of the FISH. Pf
(B) If the FISH are frozen by a supplier, a written agreement or

statement from the supplier stipulating that the FISH supplied are
frozen to a temperature and for a time specified under § 3-402.11
may substitute for the records specified under ¶ (A) of this
section.
(C) If raw, raw-marinated, partially cooked, or marinated-partially

cooked FISH are served or sold in READY-TO-EAT form, and the
FISH are raised and fed as specified in Subparagraph
3-402.11(B)(3), a written agreement or statement from the
supplier or aquaculturist stipulating that the FISH were raised and
79
fed as specified in Subparagraph 3-402.11(B)(3) shall be
obtained by the PERSON IN CHARGE and retained in the records of
the FOOD ESTABLISHMENT for 90 calendar days beyond the time of
service or sale of the FISH. Pf
3-403.10 Preparation for Immediate Service.
Cooked and refrigerated FOOD that is prepared for immediate

service in response to an individual CONSUMER order, such as a
roast beef sandwich au jus, may be served at any temperature.
Reheating 3-403.11 Reheating for Hot Holding.
(A) Except as specified under ¶¶ (B) and (C) and in ¶ (E) of this
section, POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD) that is cooked, cooled, and reheated
for hot holding shall be reheated so that all parts of the FOOD
reach a temperature of at least 74oC (165oF) for 15 seconds. P
(B) Except as specified under ¶ (C) of this section, POTENTIALLY

reheated in a microwave oven for hot holding shall be reheated
so that all parts of the FOOD reach a temperature of at least 74oC
(165oF) and the FOOD is rotated or stirred, covered, and allowed
to stand covered for 2 minutes after reheating. P
(C) READY-TO-EAT FOOD taken from a commercially processed,

HERMETICALLY SEALED CONTAINER, or from an intact PACKAGE from
a FOOD PROCESSING PLANT that is inspected by the FOOD
REGULATORY AUTHORITY that has jurisdiction over the plant, shall
be heated to a temperature of at least 57oC (135oF) for hot
holding. P
(D) Reheating for hot holding as specified under Paragraphs (A)

through (C) of this section shall be completed within 2 hours and
the time the FOOD is between 5ºC (41°F) or 7°C (45°F) and the
temperatures specified under Paragraphs (A) through (C) of this
section may not exceed 2 hours. P
(E) Remaining unsliced portions of MEAT roasts that are cooked

as specified under ¶ 3-401.11(B) may be reheated for hot holding
using the oven parameters and minimum time and temperature
conditions specified under ¶ 3-401.11(B).
80
Other Methods 3-404.11 Treating Juice.
JUICE PACKAGED in a FOOD ESTABLISHMENT shall be:
(A) Treated under a HACCP PLAN as specified in

¶¶ 8-201.14(B) - (E) to attain a 5-log reduction, which is equal to
a 99.999% reduction, of the most resistant microorganism of
public health significance; P or
(B) Labeled, if not treated to yield a 5-log reduction of the most

resistant microorganism of public health significance: Pf
(1) As specified under § 3-602.11, Pf and
(2) As specified in 21 CFR 101.17(g) Food labeling, warning,

notice, and safe handling statements, JUICES that have not
been specifically processed to prevent, reduce, or
eliminate the presence of pathogens with the following,
“WARNING: This product has not been pasteurized and,
therefore, may contain harmful bacteria that can cause
serious illness in children, the elderly, and persons with
weakened immune systems.” Pf
3-5 LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC HEALTH

CONCERN
Subparts
3-501 Temperature and Time Control

3-502 Specialized Processing Methods
Temperature 3-501.11 Frozen Food.

and Time
Control Stored frozen FOODS shall be maintained frozen.
3-501.12 Potentially Hazardous Food

(Time/Temperature Control for Safety Food),
Slacking.
Frozen POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD) that is slacked to moderate the
81
temperature shall be held:
(A) Under refrigeration that maintains the FOOD temperature at

5oC (41oF) or less, or at 7ºC (45ºF) or less as specified
under Subparagraph 3-501.16(A)(2)(b).
(B) At any temperature if the FOOD remains frozen.
3-501.13 Thawing.
Except as specified in ¶ (D) of this section, POTENTIALLY

HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY
FOOD) shall be thawed:
(A) Under refrigeration that maintains the FOOD temperature at

5oC (41oF) or less, or at 7°C (45°F) or less as specified
under Subparagraph 3-501.16(A)(2)(b).
(B) Completely submerged under running water:
(1) At a water temperature of 21°C (70°F) or below,
(2) With sufficient water velocity to agitate and float off loose
particles in an overflow,
(3) Such that for READY-TO-EAT FOOD, the temperature of

thawed portions do not rise above 5°C (41°F), or 7°C
(45°F) as specified under Subparagraph 3-
501.16(A)(2)(b), and
(4) Such that for raw animal FOOD requiring cooking as

specified under Paragraph 3-401.11(A) or (B), thawed
portions are not above 5°C (41oF), or 7°C (45°F) as
specified under Subparagraph 3-501.16(A)(2)(b), for
more than 4 hours including:
(a) The time the FOOD is exposed to the running water

and the time needed for preparation for cooking, or
(b) The time it takes under refrigeration to lower the

o o
FOOD temperature to 5 C (41 F), or 7°C (45°F) as
specified under Subparagraph 3-501.16(A)(2)(b);
(C) As part of a cooking process if the FOOD that is frozen is:
82
(1) Cooked as specified under ¶ 3-401.11(A) or (B) or
§ 3-401.12, or
(2) Thawed in a microwave oven and immediately

transferred to conventional cooking EQUIPMENT, with no
interruption in the process; or
(D) Using any procedure if a portion of frozen READY-TO-EAT

FOOD is thawed and prepared for immediate service in
response to an individual CONSUMER'S order.
3-501.14 Cooling.
(A) Cooked POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE

CONTROL FOR SAFETY FOOD) shall be cooled:
(1) Within 2 hours from 57ºC (135ºF) to 21ºC (70°F); P and
(2) Within a total of 6 hours from 57°C (135°F) to 5°C (41°F)

or less, or to 7°C (45°F) or less as specified under
Subparagraph 3-501.16(A)(2)(b). P
(B) POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL

o o
FOR SAFETY FOOD) shall be cooled within 4 hours to 5 C (41 F)
or less, or to 7°C (45°F) or less as specified under
Subparagraph 3-501.16(A)(2)(b) if prepared from ingredients at
ambient temperature such as reconstituted FOODS and canned
tuna. P
(C) Except as specified under ¶ (D) of this section, a

SAFETY FOOD) received in compliance with LAWS allowing a
temperature above 5oC (41oF) during shipment from the
supplier as specified in ¶ 3-202.11(B), shall be cooled within 4
hours to 5oC (41oF) or less. P
(D) Raw EGGS shall be received as specified under

¶ 3-202.11(C) and immediately placed in refrigerated
o
EQUIPMENT that maintains an ambient air temperature of 7 C
(45oF) or less. P
3-501.15 Cooling Methods.
(A) Cooling shall be accomplished in accordance with the time
83
and temperature criteria specified under § 3-501.14 by using
one or more of the following methods based on the type of
FOOD being cooled:
(1) Placing the FOOD in shallow pans; Pf
(2) Separating the FOOD into smaller or thinner portions; Pf
(3) Using rapid cooling EQUIPMENT; Pf
(4) Stirring the FOOD in a container placed in an ice water bath;

Pf
(5) Using containers that facilitate heat transfer; Pf
(6) Adding ice as an ingredient; Pf or
(7) Other effective methods. Pf
(B) When placed in cooling or cold holding EQUIPMENT, FOOD

containers in which FOOD is being cooled shall be:
(1) Arranged in the EQUIPMENT to provide maximum heat

transfer through the container walls; and
(2) Loosely covered, or uncovered if protected from overhead

contamination as specified under Subparagraph
3-305.11(A)(2), during the cooling period to facilitate heat
transfer from the surface of the FOOD.
3-501.16 Potentially Hazardous Food

Hot and Cold Holding.
(A) Except during preparation, cooking, or cooling, or when time

is used as the public health control as specified under
§3-501.19, and except as specified under ¶ (B) and in ¶ (C ) of
this section, POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD) shall be maintained:
(1) At 57oC (135oF) 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 54oC (130oF) or above; P or
84
(2) At a temperature specified in the following:
(a) 5°C (41°F) or less; P or
(b) 7°C (45°F) or between 5°C (41°F) and 7°C (45°F) in

existing refrigeration EQUIPMENT that is not capable of
maintaining the FOOD at 5°C (41°F) or less if: P
(i) The EQUIPMENT is in place and in use in the FOOD

ESTABLISHMENT; and
(ii) On or before January 1, 2019, the EQUIPMENT is

upgraded or replaced to maintain FOOD at a
temperature of 5°C (41°F) or less.
(B) EGGS that have not been treated to destroy all viable
Salmonellae shall be stored in refrigerated EQUIPMENT that
maintains an ambient air temperature of 7°C (45°F) or less. P
(C) POTENTIALLY HAZARDOUS FOOD (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).
3-501.17 Ready-to-Eat, Potentially Hazardous Food

Date Marking.
on-premises
preparation
• prepare and
hold cold
(A) Except when PACKAGING FOOD using a REDUCED OXYGEN
PACKAGING method as specified under Section 3-502.12, and
except as specified in Paragraphs (D) and (E) of this section,
refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD
(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) prepared and
held in a FOOD ESTABLISHMENT for more than 24 hours shall be
marked to indicate the date or day by which the FOOD shall be
consumed on the PREMISES, sold, or discarded, based on the
temperature and time combinations specified below. The day of
preparation shall be counted as Day 1.
(1) 5°C (41°F) or less for a maximum of 7 days; Pf or
85
(2) 7°C (45°F) or between 5°C (41°F) and 7°C (45°F)
for a maximum of 4 days in existing refrigeration
EQUIPMENT that is not capable of maintaining the
Pf
FOOD at 5°C (41°F) or less if:
(a) The EQUIPMENT is in place and in use in the

FOOD ESTABLISHMENT, and
(b) On or before January 1, 2019, the EQUIPMENT

is upgraded or replaced to maintain FOOD at a
temperature of 5°C (41°F) or less.
commercially (B) Except as specified in ¶¶ (D) - (F) of this section,

processed refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD
food (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) prepared and
• open and hold PACKAGED by a FOOD PROCESSING PLANT shall be clearly marked,
cold at the time the original container is opened in a FOOD
ESTABLISHMENT and if the FOOD is held for more than 24 hours,
to indicate the date or day by which the FOOD shall be
consumed on the PREMISES, sold, or discarded, based on the
temperature and time combinations specified in ¶ (A) of this
section and: Pf
(1) The day the original container is opened in the FOOD

Pf
ESTABLISHMENT shall be counted as Day 1; and
(2) The day or date marked by the FOOD ESTABLISHMENT may

not exceed a manufacturer’s use-by date if the manufacturer
determined the use-by date based on FOOD safety. Pf
(C) A refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) ingredient or a
portion of a refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS
FOOD (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
(D) A date marking system that meets the criteria stated in ¶¶

(A) and (B) of this section may include:
(1) Using a method APPROVED by the REGULATORY AUTHORITY

for refrigerated, READY-TO-EAT POTENTIALLY HAZARDOUS FOOD
(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) that is
86
frequently rewrapped, such as lunchmeat or a roast, or for
which date marking is impractical, such as soft serve mix or
milk in a dispensing machine;
(2) Marking the date or day of preparation, with a procedure

to discard the FOOD on or before the last date or day by
which the FOOD must be consumed on the premises, sold, or
discarded as specified under ¶ (A) of this section;
(3) Marking the date or day the original container is opened

in a FOOD ESTABLISHMENT, with a procedure to discard the
FOOD on or before the last date or day by which the FOOD
must be consumed on the premises, sold, or discarded as
specified under ¶ (B) of this section; or
(4) Using calendar dates, days of the week, color-coded

marks, or other effective marking methods, provided that the
marking system is disclosed to the REGULATORY AUTHORITY
upon request.
(E) Paragraphs (A) and (B) of this section do not apply to

individual meal portions served or rePACKAGED for sale from a
bulk container upon a consumer’s request.
(F) Paragraph (B) of this section does not apply to the following
FOODS prepared and PACKAGED by a FOOD PROCESSING PLANT
inspected by a REGULATORY AUTHORITY:
(1) Deli salads, such as ham salad, seafood salad, chicken

salad, egg salad, pasta salad, potato salad, and macaroni
salad, manufactured in accordance with 21 CFR 110
Current good manufacturing practice in manufacturing,
packing, or holding human food;
(2) Hard cheeses containing not more than 39% moisture as

defined in 21 CFR 133 Cheeses and related cheese
products, such as cheddar, gruyere, parmesan and
reggiano, and romano;
(3) Semi-soft cheeses containing more than 39% moisture,

but not more than 50% moisture, as defined in 21 CFR 133
Cheeses and related cheese products, such as blue, edam,
gorgonzola, gouda, and monterey jack;
(4) Cultured dairy products as defined in 21 CFR 131 Milk

and cream, such as yogurt, sour cream, and buttermilk;
87
(5) Preserved FISH products, such as pickled herring and
dried or salted cod, and other acidified FISH products defined
in 21 CFR 114 Acidified foods;
(6) Shelf stable, dry fermented sausages, such as pepperoni

and Genoa salami that are not labeled "Keep Refrigerated"
as specified in 9 CFR 317 Labeling, marking devices, and
containers, and which retain the original CASING on the
product; and
(7) Shelf stable salt-cured products such as prosciutto and

Parma (ham) that are not labeled "Keep Refrigerated" as
specified in 9 CFR 317 Labeling, marking devices, and
containers.
3-501.18 Ready-to-Eat, Potentially Hazardous Food

Disposition.
(A) A FOOD specified in ¶ 3-501.17(A) or (B) shall be discarded

if it:
(1) Exceeds the temperature and time combination specified

in ¶ 3-501.17(A), except time that the product is frozen; P
(2) Is in a container or PACKAGE that does not bear a date or

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

a temperature and time combination as specified in
¶ 3-501.17(A). P
(B) Refrigerated, READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) prepared in a
FOOD ESTABLISHMENT and dispensed through a VENDING MACHINE
with an automatic shutoff control shall be discarded if it exceeds
a temperature and time combination as specified in ¶ 3-
501.17(A). P
3-501.19 Time as a Public Health Control.
(A) Except as specified under ¶ (D) of this section, if time

without temperature control is used as the public health control
88
for a working supply of POTENTIALLY HAZARDOUS FOOD
(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) before cooking,
or for READY-TO-EAT POTENTIALLY HAZARDOUS FOOD
(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) that is displayed
or held for sale or service:
(1) Written procedures shall be prepared in advance,

maintained in the FOOD ESTABLISHMENT and made available
to the REGULATORY AUTHORITY upon request that specify: Pf
(a) Methods of compliance with Subparagraphs (B)(1)-(3)

or C)(1)-(5) of this section; Pf and
(b) Methods of compliance with § 3-501.14 for FOOD that

is prepared, cooked, and refrigerated before time is used
as a public health control. Pf
Time – (B) If time without temperature control is used as the public

maximum up health control up to a maximum of 4 hours:
to 4 hours
(1) The FOOD shall have an initial temperature of 5°C (41°F)

or less, or 7°C (45°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
(2) The FOOD shall be marked or otherwise identified to

indicate the time that is 4 hours past the point in time when
the FOOD is removed from temperature control; Pf
(3) The FOOD shall be cooked and served, served at any

temperature if READY-TO-EAT, or discarded, within 4 hours
from the point in time when the FOOD is removed from
temperature control; P and
(4) The FOOD in unmarked containers or PACKAGES, or

marked to exceed a 4-hour limit shall be discarded. P
Time – (C) If time without temperature control is used as the public

maximum up health control up to a maximum of 6 hours:
to 6 hours
(1) The FOOD shall have an initial temperature of 5ºC (41ºF)

or less when removed from temperature control and the
FOOD temperature may not exceed 21ºC (70ºF) within a
maximum time period of 6 hours; P
89
(2) The FOOD shall be monitored to ensure the warmest
portion of the FOOD does not exceed 21ºC (70ºF) during the
6-hour period, unless an ambient air temperature is
maintained that ensures the FOOD does not exceed 21ºC
(70ºF) during the 6-hour holding period; Pf
(3) The FOOD shall be marked or otherwise identified to

indicate: Pf
(a) The time when the FOOD is removed from 5ºC (41ºF)
or less cold holding temperature control, Pf and
(b) The time that is 6 hours past the point in time when
the FOOD is removed from cold holding temperature
control; Pf
(4) The FOOD shall be:
(a) Discarded if the temperature of the FOOD exceeds

21°C (70°F), P or
(b) Cooked and served, served at any temperature if

READY-TO-EAT, or discarded within a maximum of 6 hours
from the point in time when the FOOD is removed from
5ºC (41ºF) or less cold holding temperature control; P and
(5) The FOOD in unmarked containers or PACKAGES, or

marked with a time that exceeds the 6-hour limit shall be
discarded. P
(D) A FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE

POPULATION may not use time as specified under ¶¶ (A), (B) or
(C) of this section as the public health control for raw EGGS.
Specialized 3-502.11 Variance Requirement.

Processing
Methods A FOOD ESTABLISHMENT shall obtain a VARIANCE from the
REGULATORY AUTHORITY as specified in § 8-103.10 and under
§ 8-103.11 before: Pf
(A) Smoking FOOD as a method of FOOD preservation rather

than as a method of flavor enhancement; Pf
(B) Curing FOOD; Pf
90
(C) Using FOOD ADDITIVES or adding components such as
vinegar: Pf
(1) As a method of FOOD preservation rather than as a

method of flavor enhancement, Pf or
(2) To render a FOOD so that it is not POTENTIALLY HAZARDOUS

(TIME/TEMPERATURE CONTROL OF SAFETY FOOD); Pf
(D) Packaging FOOD using a REDUCED OXYGEN PACKAGING

method except where the growth of and toxin formation by
Clostridium botulinum and the growth of Listeria
monocytogenes are controlled as specified under
§ 3-502.12; Pf
(E) Operating a MOLLUSCAN SHELLFISH life-support system

display tank used to store or display shellfish that are
offered for human consumption;Pf
(F) Custom processing animals that are for personal use as

Pf
FOOD and not for sale or service in a FOOD ESTABLISHMENT;
(G) Preparing FOOD by another method that is determined by

the REGULATORY AUTHORITY to require a VARIANCE; Pf or
(H) Sprouting seeds or beans. Pf
Clostridium 3-502.12 Reduced Oxygen Packaging Without a

botulinum and Variance, Criteria.
Listeria
monocytogen (A) Except for a FOOD ESTABLISHMENT that obtains a VARIANCE as
es specified under § 3-502.11, a FOOD ESTABLISHMENT that
Controls PACKAGES POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE
CONTROL FOR SAFETY FOOD) using a REDUCED OXYGEN PACKAGING
method shall control the growth and toxin formation of
Clostridium botulinum and the growth of Listeria
monocytogenes. P
(B) A FOOD ESTABLISHMENT that PACKAGES POTENTIALLY

using a REDUCED OXYGEN PACKAGING method shall have a
HACCP PLAN that contains the information specified under ¶
8-201.14(D) and that: Pf
91
(1) Identifies the FOOD to be PACKAGED; Pf
(2) Except as specified under ¶¶ (C) - (E) of this section,

requires that the PACKAGED FOOD shall be maintained at 5°C
(41°F) or less and meet at least one of the following criteria:
Pf
(a) Has an AW of 0.91 or less, Pf
(b) Has a PH of 4.6 or less, Pf
(c) Is a MEAT or POULTRY product cured at a FOOD

PROCESSING PLANT regulated by the USDA using
substances specified in 9 CFR 424.21, Use of food
ingredients and sources of radiation, and is received in
an intact PACKAGE, Pf or
(d) Is a FOOD with a high level of competing organisms

such as raw MEAT, raw POULTRY, or raw vegetables; Pf
(3) Describes how the PACKAGE shall be prominently and

conspicuously labeled on the principal display panel in bold
type on a contrasting background, with instructions to: Pf
(a) Maintain the FOOD at 5oC (41oF) or below, Pf and
(b) Discard the FOOD if within 14 calendar days of its

PACKAGING it is not served for on-PREMISES consumption,
or consumed if served or sold for off-PREMISES
consumption; Pf
(4) Limits the refrigerated shelf life to no more than 14

calendar days from PACKAGING to consumption, except the
time the product is maintained frozen, or the original
manufacturer’s “sell by” or “use by” date, whichever occurs
first; P
(5) Includes operational procedures that:
(a) Prohibit contacting READY-TO-EAT FOOD with bare

hands as specified under ¶ 3-301.11(B), Pf
(b) Identify a designated work area and the method by

which: Pf
(i) Physical barriers or methods of separation of raw
92
FOODS and READY-TO-EAT FOODS minimize cross
contamination, Pf and
(ii) Access to the processing EQUIPMENT is limited to

responsible trained personnel familiar with the
potential HAZARDS of the operation, Pf and
(c) Delineate cleaning and SANITIZATION procedures for

Pf
FOOD-CONTACT SURFACES; and
(6) Describes the training program that ensures that the

individual responsible for the REDUCED OXYGEN PACKAGING
operation understands the: Pf
(a) Concepts required for a safe operation, Pf
(b) EQUIPMENT and facilities, Pf and
(c) Procedures specified under Subparagraph (B)(5) of

this section and ¶ 8-201.14(D). Pf
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 (D) Except as specified under ¶ (C) of this section, a FOOD

Sous Vide ESTABLISHMENT that PACKAGES FOOD using a cook-chill or sous
vide process shall:
(1) Implement a HACCP PLAN that contains the information

as specified under ¶ 8-201.14(D); Pf
(2) Ensure the FOOD is:
(a) Prepared and consumed on the PREMISES, or

prepared and consumed off the PREMISES but within the
same business entity with no distribution or sale of the
PACKAGED product to another business entity or the
Pf
CONSUMER,
(b) Cooked to heat all parts of the FOOD to a temperature

and for a time as specified under § 3-401.11, P
(c) Protected from contamination before and after

cooking as specified under Parts 3-3 and 3-4, P
93
(d) Placed in a PACKAGE with an oxygen barrier and
sealed before cooking, or placed in a PACKAGE and
sealed immediately after cooking and before reaching a
temperature below 57°C (135°F), P
(e) Cooled to 5°C (41°F) in the sealed PACKAGE or bag as

specified under § 3-501.14 and subsequently: P
(i) Cooled to 1°C (34°F) within 48 hours of reaching

5°C (41°F) and held at that temperature until
consumed or discarded within 30 days after the date
of PACKAGING;P
(ii) Cooled to 1°C (34°F) within 48 hours of reaching

5°C (41°F), removed from refrigeration equipment that
maintains a 1°C (34°F) food temperature and then
held at 5°C (41°F) or less for no more than 72 hours,
at which time the FOOD must be consumed or
discarded; P
(iii) Cooled to 3°C (38°F) or less within 24 hours of

reaching 5°C (41°F) and held there for no more than
72 hours from PACKAGING, at which time the food must
be consumed or discarded; P or
(iv) Held frozen with no shelf life restriction while

frozen until consumed or used. P
(f) Held in a refrigeration unit that is equipped with an

electronic system that continuously monitors time and
temperature and is visually examined for proper
operation twice daily, Pf
(g) If transported off-site to a satellite location of the

same business entity, equipped with verifiable electronic
monitoring devices to ensure that times and
temperatures are monitored during transportation, Pf and
(h) Labeled with the product name and the date

Pf
PACKAGED; and
(3) Maintain the records required to confirm that cooling and

cold holding refrigeration time/temperature parameters are
required as part of the HACCP PLAN and:
(a) Make such records available to the REGULATORY
94
AUTHORITY upon request, Pf and
(b) Hold such records for at least 6 months; Pf and
(4) Implement written operational procedures as specified

under Subparagraph (B)(5) of this section and a training
program as specified under Subparagraph (B)(6) of this
section.Pf
Cheese (E) A FOOD ESTABLISHMENT that PACKAGES cheese using a

REDUCED OXYGEN PACKAGING method shall:
(1) Limit the cheeses PACKAGED to those that are

commercially manufactured in a FOOD PROCESSING PLANT
with no ingredients added in the FOOD ESTABLISHMENT and
that meet the Standards of Identity as specified in 21 CFR
133.150 Hard cheeses, 21 CFR 133.169 Pasteurized
process cheese or 21 CFR 133.187 Semisoft cheeses; P
(2) Have a HACCP PLAN that contains the information

specified under ¶ 8-201.14(D) and as specified under ¶¶
(B)(1), (B)(3)(a), (B)(5) and (B)(6) of this section; Pf
(3) Labels the PACKAGE on the principal display panel with a

“use by” date that does not exceed 30 days from its
packaging or the original manufacturer’s “sell by” or “use by”
date, whichever occurs first; Pf and
(4) Discards the REDUCED OXYGEN PACKAGED cheese if it is

not sold for off-PREMISES consumption or consumed within
30 calendar days of its PACKAGING. Pf
3-6 FOOD IDENTITY, PRESENTATION, AND ON-PREMISES LABELING
Subparts
3-601 Accurate Representation

3-602 Labeling
3-603 Consumer Advisory
Accurate 3-601.11 Standards of Identity.

Representation
PACKAGED FOOD shall comply with standard of identity
95
requirements in 21 CFR 131-169 and 9 CFR 319 Definitions and
standards of identity or composition, and the general
requirements in 21 CFR 130 – Food Standards: General and
9 CFR 319 Subpart A – General.
3-601.12 Honestly Presented.
(A) FOOD shall be offered for human consumption in a way that

does not mislead or misinform the CONSUMER.
(B) FOOD or COLOR ADDITIVES, colored overwraps, or lights may

not be used to misrepresent the true appearance, color, or
quality of a FOOD.
Labeling 3-602.11 Food Labels.
(A) FOOD PACKAGED in a FOOD ESTABLISHMENT, shall be labeled as

specified in LAW, including 21 CFR 101 - Food labeling, and
9 CFR 317 Labeling, marking devices, and containers.
(B) Label information shall include:
(1) The common name of the FOOD, or absent a common name,

an adequately descriptive identity statement;
(2) If made from two or more ingredients, a list of ingredients

in descending order of predominance by weight, including a
declaration of artificial color or flavor and chemical
preservatives, if contained in the FOOD;
(3) An accurate declaration of the quantity of contents;
(4) The name and place of business of the manufacturer,

packer, or distributor; and
(5) The name of the FOOD source for each MAJOR FOOD ALLERGEN
contained in the FOOD unless the FOOD source is already part
of the common or usual name of the respective ingredient
(Effective January 1, 2006). Pf
(6) Except as exempted in the Federal Food, Drug, and

Cosmetic Act § 403(Q)(3) - (5), nutrition labeling as specified
in 21 CFR 101 - Food Labeling and 9 CFR 317 Subpart B
Nutrition Labeling.
96
(7) For any salmonid FISH containing canthaxanthin as a
COLOR ADDITIVE, the labeling of the bulk FISH container,
including a list of ingredients, displayed on the retail container
or by other written means, such as a counter card, that
discloses the use of canthaxanthin.
(C) Bulk FOOD that is available for CONSUMER self-dispensing

shall be prominently labeled with the following information in
plain view of the CONSUMER:
(1) The manufacturer's or processor's label that was provided

with the FOOD; or
(2) A card, sign, or other method of notification that includes

the information specified under Subparagraphs (B)(1), (2),
and (5) of this section.
(D) Bulk, unPACKAGED FOODS such as bakery products and

unPACKAGED FOODS that are portioned to CONSUMER specification
need not be labeled if:
(1) A health, nutrient content, or other claim is not made;
(2) There are no state or local LAWS requiring labeling; and
(3) 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.
97
3-602.12 Other Forms of Information.
(A) If required by LAW , CONSUMER warnings shall be provided.
(B) FOOD ESTABLISHMENT or manufacturers' dating information on

FOODS may not be concealed or altered.
Consumer 3-603.11 Consumption of Animal Foods that are Raw,

Advisory Undercooked, or Not Otherwise Processed to
Eliminate Pathogens.
(A) Except as specified in ¶ 3-401.11(C) and Subparagraph

3-401.11(D)(4) and under ¶ 3-801.11(C), if an animal FOOD such
as beef, EGGS, FISH, lamb, milk, pork, POULTRY, or shellfish is
served or sold raw, undercooked, or without otherwise being
processed to eliminate pathogens, either in READY-TO-EAT form or
as an ingredient in another READY-TO-EAT FOOD, the PERMIT
HOLDER shall inform CONSUMERS of the significantly increased
RISK of consuming such FOODS by way of a DISCLOSURE and
REMINDER, as specified in ¶¶ (B) and (C) of this section using
brochures, deli case or menu advisories, label statements, table
tents, placards, or other effective written means. Pf
(B) DISCLOSURE shall include:
(1) A description of the animal-derived FOODS, such as

“oysters on the half shell (raw oysters),” “raw-EGG Caesar
salad,” and “hamburgers (can be cooked to order)”; Pf or
(2) Identification of the animal-derived FOODS by asterisking

them to a footnote that states that the items are served raw or
undercooked, or contain (or may contain) raw or undercooked
ingredients. Pf
(C) REMINDER shall include asterisking the animal-derived FOODS

requiring DISCLOSURE to a footnote that states:
(1) Regarding the safety of these items, written information is

available upon request; Pf
(2) Consuming raw or undercooked MEATS, POULTRY, seafood,

shellfish, or EGGS may increase your RISK of foodborne
illness; Pf or
98
(3) Consuming raw or undercooked MEATS, POULTRY, seafood,
shellfish, or EGGS may increase your RISK of foodborne
illness, especially if you have certain medical conditions. Pf
3-7 CONTAMINATED FOOD
Subpart
3-701 Disposition
Disposition 3-701.11 Discarding or Reconditioning Unsafe,

Adulterated, or Contaminated Food.
(A) A FOOD that is unsafe, ADULTERATED, or not honestly

presented as specified under § 3-101.11 shall be discarded or
reconditioned according to an APPROVED procedure. P
(B) FOOD that is not from an APPROVED source as specified under

§§ 3-201.11 - .17 shall be discarded. P
(C) READY-TO-EAT FOOD that may have been contaminated by an

EMPLOYEE who has been RESTRICTED or EXCLUDED as specified
under § 2-201.12 shall be discarded. P
(D) FOOD that is contaminated by FOOD EMPLOYEES, CONSUMERS,

or other PERSONS through contact with their hands, bodily
discharges, such as nasal or oral discharges, or other means
shall be discarded. P
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POPULATIONS
Subpart
3-801 Additional Safeguards
Additional 3-801.11 Pasteurized Foods, Prohibited Re-Service,

Safeguards and Prohibited Food.
In a FOOD ESTABLISHMENT that serves a HIGHLY SUSCEPTIBLE

POPULATION:
(A) The following criteria apply to JUICE:
(1) For the purposes of this paragraph only, children who

are age 9 or less and receive FOOD in a school, day care
setting, or similar facility that provides custodial care are
included as HIGHLY SUSCEPTIBLE POPULATIONS;
(2) PrePACKAGED JUICE or a prePACKAGED BEVERAGE

containing JUICE, that bears a warning label as specified
in 21 CFR, 101.17(g) Food labeling, warning, notice,
and safe handling statements, Juices that have not been
specifically processed to prevent, reduce, or eliminate
the presence of pathogens, or a PACKAGED JUICE or
BEVERAGE containing JUICE, that bears a warning label
as specified under ¶ 3-404.11(B) may not be served or
offered for sale; P and
(3) UnPACKAGED JUICE that is prepared on the premises for

service or sale in a READY-TO-EAT form shall be
processed under a HACCP PLAN that contains the
information specified under ¶¶ 8-201.14(B) - (E) and as
specified in 21 CFR Part 120 – Hazard Analysis and
Critical Control Point (HACCP) Systems, Subpart B
Pathogen Reduction, 120.24 Process controls. P
(B) Pasteurized EGGS or EGG PRODUCTS shall be substituted

for raw EGGS in the preparation of: P
(1) FOODS such as Caesar salad, hollandaise or

Béarnaise sauce, mayonnaise, meringue, EGGnog, ice
cream, and EGG-fortified BEVERAGES, P and
100
(2) Except as specified in ¶ (F) of this section, recipes in
which more than one EGG is broken and the EGGS are
combined; P
(C) The following FOODS may not be served or offered for sale
in a READY-TO-EAT form: P
(1) Raw animal FOODS such as raw FISH, raw-

marinated FISH, raw MOLLUSCAN SHELLFISH, and steak
tartare, P
(2) A partially cooked animal FOOD such as lightly

cooked FISH, rare MEAT, soft-cooked EGGS that are
made from raw EGGS, and meringue; P and
(3) Raw seed sprouts. P
(D) FOOD EMPLOYEES may not contact READY-TO-EAT FOOD as

specified under Paragraphs 3-301.11(B) and (E). P
(E) Time only, as the public health control as specified under

¶ 3-501.19(D), may not be used for raw EGGS. P
(F) Subparagraph (B)(2) of this section does not apply if:
(1) The raw EGGS are combined immediately before

cooking for one CONSUMER’S serving at a single
meal, cooked as specified under Subparagraph
3-401.11(A)(1), and served immediately, such as an
omelet, soufflé, or scrambled EGGS;
(2) The raw EGGS are combined as an ingredient

immediately before baking and the EGGS are
thoroughly cooked to a READY-TO-EAT form, such as
a cake, muffin, or bread; or
(3) The preparation of the food is conducted under a

HACCP PLAN that:
(a) Identifies the FOOD to be prepared,
(b) Prohibits contacting READY-TO-EAT FOOD with bare

hands,
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(c) Includes specifications and practices that ensure:
(i) Salmonella Enteritidis growth is controlled

before and after cooking, and
(ii) Salmonella Enteritidis is destroyed by

cooking the EGGS according to the temperature
and time specified in Subparagraph 3-
401.11(A)(2),
(d) Contains the information specified under

¶ 8-201.14(D) including procedures that:
(i) Control cross contamination of

READY-TO-EAT FOOD with raw EGGS, and
(ii) Delineate cleaning and SANITIZATION

procedures for FOOD-CONTACT
SURFACES, and
(e) Describes the training program that ensures that the

FOOD EMPLOYEE responsible for the preparation of the
FOOD understands the procedures to be used.
Re-service of (G) Except as specified in paragraph (H) of this section, FOOD

Food may be re-served as specified under Subparagraph
3-306.14(B)(1) and (2).
Prohibited (H) FOOD may not be re-served under the following conditions:
Re-service of
Food
(1) Any FOOD served to patients or clients who are under
contact precautions in medical isolation or quarantine,
or protective environment isolation may not be re-
served to others outside.
(2) Packages of FOOD from any patients, clients, or

other CONSUMERS should not be re-served to PERSONS
in protective environment isolation.
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Chapter
4 Equipment, Utensils,
and Linens
Parts
4-1 MATERIALS FOR CONSTRUCTION AND REPAIR

4-2 DESIGN AND CONSTRUCTION
4-3 NUMBERS AND CAPACITIES
4-4 LOCATION AND INSTALLATION
4-5 MAINTENANCE AND OPERATION
4-6 CLEANING OF EQUIPMENT AND UTENSILS
4-7 SANITIZATION OF EQUIPMENT AND UTENSILS
4-8 LAUNDERING
4-9 PROTECTION OF CLEAN ITEMS
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
(A) Safe; P
(B) Durable, CORROSION-RESISTANT, and nonabsorbent;
(C) Sufficient in weight and thickness to withstand repeated

WAREWASHING;
(D) Finished to have a SMOOTH, EASILY CLEANABLE surface; and

103
(E) Resistant to pitting, chipping, crazing, scratching, scoring,
distortion, and decomposition.
4-101.12 Cast Iron, Use Limitation.
(A) Except as specified in ¶¶ (B) and (C) of this section, cast

iron may not be used for UTENSILS or FOOD-CONTACT SURFACES
of EQUIPMENT.
(B) Cast iron may be used as a surface for cooking.
(C) Cast iron may be used in UTENSILS for serving FOOD if the
UTENSILS are used only as part of an uninterrupted process
from cooking through service.
4-101.13 Lead, Use Limitation.
(A) Ceramic, china, and crystal UTENSILS, and decorative

UTENSILS such as hand painted ceramic or china that are used
in contact with FOOD shall be lead-free or contain levels of lead
not exceeding the limits of the following UTENSIL categories: P
UTENSIL Ceramic Article Maximum Lead

Category Description MG/L
Beverage Mugs, Cups, Coffee Mugs 0.5
Pitchers
Large Hollowware Bowls > 1.1 Liter 1
(excluding pitchers) (1.16 Quart)
Small Hollowware Bowls < 1.1 Liter 2.0
(excluding cups & mugs) (1.16 Quart)
Flat TABLEWARE Plates, Saucers 3.0
(B) Pewter alloys containing lead in excess of 0.05% may not

be used as a FOOD-CONTACT SURFACE. P
(C) Solder and flux containing lead in excess of 0.2% may not
be used as a FOOD-CONTACT SURFACE.
104
4-101.14 Copper, Use Limitation.
(A) Except as specified in ¶ (B) of this section, copper and

copper alloys such as brass may not be used in contact with a
FOOD that has a pH below 6 such as vinegar, fruit JUICE, or wine
or for a fitting or tubing installed between a backflow prevention
device and a carbonator. P
(B) Copper and copper alloys may be used in contact with beer
brewing ingredients that have a pH below 6 in the
prefermentation and fermentation steps of a beer brewing
operation such as a brewpub or microbrewery.
4-101.15 Galvanized Metal, Use Limitation.
Galvanized metal may not be used for UTENSILS or FOOD-

CONTACT SURFACES of EQUIPMENT that are used in contact with
acidic FOOD. P
4-101.16 Sponges, Use Limitation.
Sponges may not be used in contact with cleaned and

SANITIZED or in-use FOOD-CONTACT SURFACES.
4-101.17 Wood, Use Limitation.
(A) Except as specified in ¶¶ (B), (C), and (D) of this section,

wood and wood wicker may not be used as a FOOD-CONTACT
SURFACE.
(B) Hard maple or an equivalently hard, close-grained wood

may be used for:
(1) Cutting boards; cutting blocks; bakers' tables; and UTENSILS

such as rolling pins, doughnut dowels, salad bowls, and
chopsticks; and
(2) Wooden paddles used in confectionery operations for

pressure scraping kettles when manually preparing
confections at a temperature of 110oC (230oF) or above.
105
(C) Whole, uncut, raw fruits and vegetables, and nuts in the
shell may be kept in the wood shipping containers in which they
were received, until the fruits, vegetables, or nuts are used.
(D) If the nature of the FOOD requires removal of rinds, peels,

husks, or shells before consumption, the whole, uncut, raw
FOOD may be kept in:
(1) Untreated wood containers; or
(2) Treated wood containers if the containers are treated with a

preservative that meets the requirements specified in 21
CFR 178.3800 Preservatives for wood.
4-101.18 Nonstick Coatings, Use Limitation.
Multiuse KITCHENWARE such as frying pans, griddles, sauce

pans, cookie sheets, and waffle bakers that have a
perfluorocarbon resin coating shall be used with nonscoring or
nonscratching UTENSILS and cleaning aids.
4-101.19 Nonfood-Contact Surfaces.
NonFOOD-CONTACT SURFACES of EQUIPMENT that are exposed to

splash, spillage, or other FOOD soiling or that require frequent
cleaning shall be constructed of a CORROSION-RESISTANT,
nonabsorbent, and SMOOTH material.
Single-Service 4-102.11 Characteristics.

and Single-Use
Materials that are used to make SINGLE-SERVICE and SINGLE-USE
ARTICLES:
(A) May not:
(1) Allow the migration of deleterious substances, P or
(2) Impart colors, odors, or tastes to FOOD; and
106
(B) Shall be:
(1) Safe, P and
(2) 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 4-201.11 Equipment and Utensils.

Strength
EQUIPMENT and UTENSILS shall be designed and constructed to be
durable and to retain their characteristic qualities under normal use
conditions.
4-201.12 Food Temperature Measuring Devices.
FOOD TEMPERATURE MEASURING DEVICES may not have sensors or

stems constructed of glass, except that thermometers with glass
sensors or stems that are encased in a shatterproof coating such as
candy thermometers may be used. P
Cleanability 4-202.11 Food-Contact Surfaces.
(A) Multiuse FOOD-CONTACT SURFACES shall be:
(1) SMOOTH; Pf
(2) Free of breaks, open seams, cracks, chips, inclusions, pits,

and similar imperfections; Pf
(3) Free of sharp internal angles, corners, and crevices; Pf
(4) Finished to have SMOOTH welds and joints; Pf and

(5) Except as specified in ¶ (B) of this section, accessible for
107
cleaning and inspection by one of the following methods:
(a) Without being disassembled, Pf
(b) By disassembling without the use of tools, Pf or
(c) By easy disassembling with the use of handheld tools

commonly available to maintenance and cleaning personnel
such as screwdrivers, pliers, open-end wrenches, and Allen
wrenches. Pf
(B) Subparagraph (A)(5) of this section does not apply to cooking oil
storage tanks, distribution lines for cooking oils, or BEVERAGE syrup
lines or tubes.
4-202.12 CIP Equipment.
(A) CIP EQUIPMENT shall meet the characteristics specified under

§ 4-202.11 and shall be designed and constructed so that:
(1) Cleaning and SANITIZING solutions circulate throughout a fixed

system and contact all interior FOOD-CONTACT SURFACES, Pf and
(2) The system is self-draining or capable of being completely

drained of cleaning and SANITIZING solutions; and
(B) CIP EQUIPMENT that is not designed to be disassembled for

cleaning shall be designed with inspection access points to ensure
that all interior FOOD-CONTACT SURFACES throughout the fixed system
are being effectively cleaned.
4-202.13 "V" Threads, Use Limitation.
Except for hot oil cooking or filtering EQUIPMENT, "V" type threads
may not be used on FOOD-CONTACT SURFACES.
4-202.14 Hot Oil Filtering Equipment.
Hot oil filtering EQUIPMENT shall meet the characteristics specified

under § 4-202.11 or § 4-202.12 and shall be readily accessible for
filter replacement and cleaning of the filter.
108
4-202.15 Can Openers.
Cutting or piercing parts of can openers shall be readily removable

for cleaning and for replacement.
NonFOOD-CONTACT SURFACES shall be free of unnecessary ledges,

projections, and crevices, and designed and constructed to allow
easy cleaning and to facilitate maintenance.
4-202.17 Kick Plates, Removable.
Kick plates shall be designed so that the areas behind them are
accessible for inspection and cleaning by being:
(A) Removable by one of the methods specified under

Subparagraph 4-202.11(A)(5) or capable of being rotated open;
and
(B) Removable or capable of being rotated open without unlocking

EQUIPMENT doors.
4-202.18 Ventilation Hood Systems, Filters.
Filters or other grease extracting EQUIPMENT shall be designed to be

readily removable for cleaning and replacement if not designed to be
cleaned in place.
Accuracy 4-203.11 Temperature Measuring Devices, Food.
(A) FOOD TEMPERATURE MEASURING DEVICES that are scaled only in

Celsius or dually scaled in Celsius and Fahrenheit shall be accurate
to ±1oC in the intended range of use. Pf
(B) FOOD TEMPERATURE MEASURING DEVICES that are scaled only in

Fahrenheit shall be accurate to ±2oF in the intended range of use. Pf
109
4-203.12 Temperature Measuring Devices, Ambient Air and
Water.
(A) Ambient air and water TEMPERATURE MEASURING DEVICES that are
scaled in Celsius or dually scaled in Celsius and Fahrenheit shall be
designed to be easily readable and accurate to ±1.5oC in the
intended range of use. Pf
(B) Ambient air and water TEMPERATURE MEASURING DEVICES that are
scaled only in Fahrenheit shall be accurate to ±3oF in the intended
range of use. Pf
4-203.13 Pressure Measuring Devices, Mechanical

Warewashing Equipment.
Pressure measuring devices that display the pressures in the water

supply line for the fresh hot water SANITIZING rinse shall have
increments of 7 kilopascals (1 pound per square inch) or smaller and
shall be accurate to  ±14 kilopascals ( ±2 pounds per square inch) in
the range indicated on the manufacturer’s data plate.
Functionality 4-204.11 Ventilation Hood Systems, Drip Prevention.
Exhaust ventilation hood systems in FOOD preparation and

WAREWASHING areas including components such as hoods, fans,
guards, and ducting shall be designed to prevent grease or
condensation from draining or dripping onto FOOD, EQUIPMENT,
UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
4-204.12 Equipment Openings, Closures and Deflectors.
(A) A cover or lid for EQUIPMENT shall overlap the opening and be
sloped to drain.
(B) An opening located within the top of a unit of EQUIPMENT that is

designed for use with a cover or lid shall be flanged upward at least
5 millimeters (two-tenths of an inch).
(C) Except as specified under ¶ (D) of this section, fixed piping,

TEMPERATURE MEASURING DEVICES, rotary shafts, and other parts
extending into EQUIPMENT shall be provided with a watertight joint at
the point where the item enters the EQUIPMENT.
110
(D) If a watertight joint is not provided:
(1) The piping, TEMPERATURE MEASURING DEVICES, rotary shafts, and

other parts extending through the openings shall be equipped
with an apron designed to deflect condensation, drips, and dust
from openings into the FOOD; and
(2) The opening shall be flanged as specified under ¶ (B) of this

section.
4-204.13 Dispensing Equipment, Protection of Equipment

and Food.
In EQUIPMENT that dispenses or vends liquid FOOD or ice in

unPACKAGED form:
(A) The delivery tube, chute, orifice, and splash surfaces directly
above the container receiving the FOOD shall be designed in a
manner, such as with barriers, baffles, or drip aprons, so that
drips from condensation and splash are diverted from the
opening of the container receiving the FOOD;
(B) The delivery tube, chute, and orifice shall be protected from
manual contact such as by being recessed;
(C) The delivery tube or chute and orifice of EQUIPMENT used to vend
liquid FOOD or ice in unPACKAGED form to self-service CONSUMERS
shall be designed so that the delivery tube or chute and orifice
are protected from dust, insects, rodents, and other
contamination by a self-closing door if the EQUIPMENT is:
(1) Located in an outside area that does not otherwise afford the
protection of an enclosure against the rain, windblown debris,
insects, rodents, and other contaminants that are present in
the environment, or
(2) Available for self-service during hours when it is not under

the full-time supervision of a FOOD EMPLOYEE; and
(D) The dispensing EQUIPMENT actuating lever or mechanism and

filling device of CONSUMER self-service BEVERAGE dispensing
EQUIPMENT shall be designed to prevent contact with the lip-
contact surface of glasses or cups that are refilled.
(E) Dispensing EQUIPMENT in which POTENTIALLY HAZARDOUS
111
FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) in a
homogenous liquid form is maintained outside of the
temperature control requirements as specified under §3-
501.16(A) shall:
(1) be specifically designed and equipped to maintain the

commercial sterility of aseptically PACKAGED FOOD in a
homogenous liquid form for a specified duration from the time
of opening the PACKAGING within the EQUIPMENT; P and
(2) conform to the requirements for this EQUIPMENT as

specified in NSF/ANSI 18-2006- Manual Food and Beverage
Dispensing Equipment. P
4-204.14
DELETED
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.
112
4-204.19
DELETED
4-204.110 Molluscan Shellfish Tanks.
(A) Except as specified under ¶ (B) of this section, MOLLUSCAN

SHELLFISH life support system display tanks may not be used to store
or display shellfish that are offered for human consumption and shall
be conspicuously marked so that it is obvious to the CONSUMER that
the shellfish are for display only.P
(B) MOLLUSCAN SHELLFISH life-support system display tanks that are

used to store or display shellfish that are offered for human
consumption shall be operated and maintained in accordance with a
VARIANCE granted by the REGULATORY AUTHORITY as specified in
§ 8-103.10 and a HACCP PLAN that: Pf
(1) Is submitted by the PERMIT HOLDER and APPROVED as specified

under § 8-103.11; Pf and
(2) Ensures that:
(a) Water used with FISH other than MOLLUSCAN SHELLFISH

does not flow into the molluscan tank, Pf
(b) The safety and quality of the shellfish as they were received
are not compromised by the use of the tank, Pf and
(c) The identity of the source of the SHELLSTOCK is retained as

specified under § 3-203.12. Pf
4-204.111
DELETED
4-204.112 Temperature Measuring Devices.
(A) In a mechanically refrigerated or hot FOOD storage unit, the

sensor of a TEMPERATURE MEASURING DEVICE shall be located to
measure the air temperature or a simulated product temperature in
the warmest part of a mechanically refrigerated unit and in the
113
coolest part of a hot FOOD storage unit.
(B) Except as specified in ¶ (C) of this section, cold or hot holding

EQUIPMENT used for POTENTIALLY HAZARDOUS FOOD
(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.
(C) Paragraph (B) of this section does not apply to EQUIPMENT for
which the placement of a TEMPERATURE MEASURING DEVICE is not a
practical means for measuring the ambient air surrounding the FOOD
because of the design, type, and use of the EQUIPMENT, such as
calrod units, heat lamps, cold plates, bainmaries, steam tables,
insulated FOOD transport containers, and salad bars.
(D) TEMPERATURE MEASURING DEVICES shall be designed to be easily

readable.
(E) FOOD TEMPERATURE MEASURING DEVICES and water TEMPERATURE

MEASURING DEVICES on WAREWASHING machines shall have a
numerical scale, printed record, or digital readout in increments no
greater than 1oC or 2oF in the intended range of use. Pf
4-204.113 Warewashing Machine, Data Plate Operating

Specifications.
A WAREWASHING machine shall be provided with an easily accessible

and readable data plate affixed to the machine by the manufacturer
that indicates the machine’s design and operation specifications
including the:
(A) Temperatures required for washing, rinsing, and

SANITIZING;
(B) Pressure required for the fresh water SANITIZING rinse unless the
machine is designed to use only a pumped SANITIZING rinse; and
(C) Conveyor speed for conveyor machines or cycle time for

stationary rack machines.
114
4-204.114 Warewashing Machines, Internal Baffles.
WAREWASHING machine wash and rinse tanks shall be equipped with

baffles, curtains, or other means to minimize internal cross
contamination of the solutions in wash and rinse tanks.
4-204.115 Warewashing Machines, Temperature Measuring

Devices.
A WAREWASHING machine shall be equipped with a TEMPERATURE

MEASURING DEVICE that indicates the temperature of the water:
(A) In each wash and rinse tank; Pf and
(B) As the water enters the hot water SANITIZING final rinse manifold
or in the chemical SANITIZING solution tank. Pf
4-204.116 Manual Warewashing Equipment, Heaters and

Baskets.
If hot water is used for SANITIZATION in manual WAREWASHING

operations, the SANITIZING compartment of the sink shall be:
(A) Designed with an integral heating device that is capable of

maintaining water at a temperature not less than 77oC (171oF); Pf
and
(B) Provided with a rack or basket to allow complete immersion of

equipment and utensils into the hot water. Pf
4-204.117 Warewashing Machines, Automatic Dispensing of

Detergents and Sanitizers.
A WAREWASHING machine that is installed after adoption of this Code

by the REGULATORY AUTHORITY, shall be equipped to:
(A) Automatically dispense detergents and SANITIZERS; Pf and
(B) Incorporate a visual means to verify that detergents and

SANITIZERS are delivered or a visual or audible alarm to signal if
the detergents and SANITIZERS are not delivered to the respective
washing and SANITIZING cycles. Pf
115
4-204.118 Warewashing Machines, Flow Pressure Device.
(A) W AREWASHING machines that provide a fresh hot water

SANITIZING rinse shall be equipped with a pressure gauge or similar
device such as a transducer that measures and displays the water
pressure in the supply line immediately before entering the
WAREWASHING machine; and
(B) If the flow pressure measuring device is upstream of the fresh

hot water SANITIZING rinse control valve, the device shall be mounted
in a 6.4 millimeter or one-fourth inch Iron Pipe Size (IPS) valve.
(C) Paragraphs (A) and (B) of this section do not apply to a machine
that uses only a pumped or recirculated SANITIZING rinse.
4-204.119 Warewashing Sinks and Drainboards,

Self-Draining.
Sinks and drainboards of WAREWASHING sinks and machines shall be

self-draining.
4-204.120 Equipment Compartments, Drainage.
EQUIPMENT compartments that are subject to accumulation of

moisture due to conditions such as condensation, FOOD or
BEVERAGE drip, or water from melting ice shall be sloped to an outlet
that allows complete draining.
4-204.121
DELETED
4-204.122 Case Lot Handling Apparatuses, Moveability.
Apparatuses, such as dollies, pallets, racks, and skids used to store

and transport large quantities of PACKAGED FOODS received from a
supplier in a cased or overwrapped lot, shall be
designed to be moved by hand or by conveniently available
apparatuses such as hand trucks and forklifts.
116
4-204.123
DELETED
Acceptability 4-205.10 Food Equipment, Certification and Classification.
Except for toasters, mixers, microwave ovens, water heaters, and

hoods, FOOD EQUIPMENT shall be used in accordance with the
manufacturer’s intended use and certified or classified for sanitation
by an American National Standards Institute (ANSI)-accredited
certification program. If the EQUIPMENT is not certified or classified
for sanitation, the EQUIPMENT shall meet Parts 4-1 and 4-2 of the
Food Code as amended by this Rule. Nonabsorbent wooden
shelves that are in GOOD REPAIR may be used in dry storage areas.
Subparts
4-301 Equipment
4-302 Utensils, Temperature Measuring Devices,
and Testing Devices
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
Pf
FOOD temperatures as specified under Chapter 3.
4-301.12 Manual Warewashing, Sink Compartment

Requirements.
(A) Except as specified in ¶ (C) of this section, a sink with at

least 3 compartments shall be provided for manually washing,
rinsing, and SANITIZING EQUIPMENT and UTENSILS. Pf
117
(B) Sink compartments shall be large enough to accommodate
immersion of the largest EQUIPMENT and UTENSILS. If EQUIPMENT
or UTENSILS are too large for the WAREWASHING sink, a
WAREWASHING machine or alternative EQUIPMENT as specified in
¶ (C) of this section shall be used. Pf
(C) Alternative manual WAREWASHING EQUIPMENT may be used

when there are special cleaning needs or constraints and its
use is APPROVED. Alternative manual WAREWASHING EQUIPMENT
may include:
(1) High-pressure detergent sprayers;
(2) Low- or line-pressure spray detergent foamers;
(3) Other task-specific cleaning EQUIPMENT;
(4) 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.
(D) Before a 2-compartment sink is used:
(1) The PERMIT HOLDER shall have its use APPROVED; and
(2) The PERMIT 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:
(a) Make up the cleaning and SANITIZING solutions

immediately before use and drain them immediately
after use, and
(b) Use a detergent-SANITIZER to SANITIZE and apply the

detergent-SANITIZER in accordance with the
manufacturer’s label instructions and as specified under
§ 4-501.115, or
(c) Use a hot water SANITIZATION immersion step as

specified under ¶ 4-603.16(C).
118
(E) A 2-compartment sink may not be used for WAREWASHING
operations where cleaning and SANITIZING solutions are used for
a continuous or intermittent flow of KITCHENWARE or TABLEWARE
in an ongoing WAREWASHING process.
4-301.13 Drainboards.
Drainboards, UTENSIL racks, or tables large enough to

accommodate all soiled and cleaned items that may
accumulate during hours of operation shall be provided for
necessary UTENSIL holding before cleaning and after SANITIZING.
4-301.14 Ventilation Hood Systems, Adequacy.
Ventilation hood systems and devices shall prevent grease or

condensation from collecting on EQUIPMENT, walls, and
ceilings.
4-301.15 Clothes Washers and Dryers.
(A) Except as specified in ¶ (B) of this section, if work clothes or

LINENS are laundered on the PREMISES, a mechanical clothes
washer and dryer shall be provided and used.
(B) If on-PREMISES laundering is limited to wiping cloths

intended to be used moist, or wiping cloths are air-dried as
specified under § 4-901.12, a mechanical clothes washer and
dryer need not be provided.
Utensils, 4-302.11 Utensils, Consumer Self-Service.

Temperature
Measuring A FOOD dispensing UTENSIL shall be available for each container
Devices, and displayed at a CONSUMER self-service unit such as a buffet or
Testing Devices salad bar. Pf
119
4-302.12 Food Temperature Measuring Devices.
(A) FOOD TEMPERATURE MEASURING DEVICES shall be provided

and readily accessible for use in ensuring attainment and
maintenance of FOOD temperatures as specified under
Chapter 3. Pf
(B) A TEMPERATURE MEASURING DEVICE with a suitable small-

diameter probe that is designed to measure the temperature of
thin masses shall be provided and readily accessible to
accurately measure the temperature in thin FOODS such as
Pf
MEAT patties and FISH filets.
4-302.13 Temperature Measuring Devices, Manual

Warewashing.
In manual WAREWASHING operations, a TEMPERATURE MEASURING

DEVICE shall be provided and readily accessible for frequently
measuring the washing and SANITIZING temperatures.
4-302.14 Sanitizing Solutions, Testing Devices.
A test kit or other device that accurately measures the

concentration in MG/L of SANITIZING solutions shall be
provided.Pf
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:
120
(1) In locker rooms;
(2) In toilet rooms;
(3) In garbage rooms;
(4) In mechanical rooms;
(5) Under sewer lines that are not shielded to intercept potential
drips;
(6) Under leaking water lines including leaking automatic fire

sprinkler heads or under lines on which water has
condensed;
(7) Under open stairwells; or
(8) Under other sources of contamination.
(B) A storage cabinet used for LINENS or SINGLE-SERVICE or

SINGLE-USE ARTICLES may be stored in a locker room.
(C) If a mechanical clothes washer or dryer is provided, it shall

be located so that the washer or dryer is protected from
contamination and only where there is no exposed FOOD; clean
EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-
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:
(1) Spaced to allow access for cleaning along the sides,

behind, and above the EQUIPMENT;
(2) Spaced from adjoining EQUIPMENT, walls, and ceilings a

distance of not more than 1 millimeter or one thirty-second
inch; or
(3) SEALED to adjoining EQUIPMENT or walls, if the EQUIPMENT is

exposed to spillage or seepage.
121
(B) COUNTER-MOUNTED EQUIPMENT that is not EASILY MOVABLE
shall be installed to allow cleaning of the EQUIPMENT and areas
underneath and around the EQUIPMENT by being:
(1) SEALED; or
(2) Elevated on legs as specified under ¶ 4-402.12(D).
4-402.12 Fixed Equipment, Elevation or Sealing.
(A) Except as specified in ¶¶ (B) and (C) of this section, floor-

mounted EQUIPMENT that is not EASILY MOVABLE shall be SEALED
to the floor or elevated on legs that provide at least a 15
centimeter (6 inch) clearance between the floor and the
EQUIPMENT.
(B) If no part of the floor under the floor-mounted EQUIPMENT is

more than 15 centimeters (6 inches) from the point of cleaning
access, the clearance space may be only 10 centimeters (4
inches).
(C) This section does not apply to display shelving units,

display refrigeration units, and display freezer units located in
the CONSUMER shopping areas of a retail FOOD store, if the floor
under the units is maintained clean.
(D) Except as specified in ¶ (E) of this section, COUNTER-

MOUNTED EQUIPMENT that is not EASILY MOVABLE shall be
elevated on legs that provide at least a 10 centimeter (4 inch)
clearance between the table and the EQUIPMENT.
(E) The clearance space between the table and COUNTER-

MOUNTED EQUIPMENT may be:
(1) 7.5 centimeters (3 inches) if the horizontal distance of the

table top under the EQUIPMENT is no more than 50
centimeters (20 inches) from the point of access for
cleaning; or
(2) 5 centimeters (2 inches) if the horizontal distance of the

table top under the EQUIPMENT is no more than 7.5
centimeters (3 inches) from the point of access for cleaning
122
Subparts
4-501 Equipment
4-502 Utensils and Temperature and Pressure
Measuring Devices
Equipment 4-501.11 Good Repair and Proper Adjustment.
(A) EQUIPMENT shall be maintained in a state of repair and

condition that meets the requirements specified under Parts
4-1 and 4-2.
(B) EQUIPMENT components such as doors, seals, hinges,

fasteners, and kick plates shall be kept intact, tight, and
adjusted in accordance with manufacturer's specifications.
(C) Cutting or piercing parts of can openers shall be kept sharp

to minimize the creation of metal fragments that can
contaminate FOOD when the container is opened.
4-501.12 Cutting Surfaces.
Surfaces such as cutting blocks and boards that are subject to

scratching and scoring shall be resurfaced if they can no longer
be effectively cleaned and SANITIZED, or discarded if they are
not capable of being resurfaced.
4-501.13 Microwave Ovens.
Microwave ovens shall meet the safety standards specified in

21 CFR 1030.10 Microwave ovens.
123
4-501.14 Warewashing Equipment, Cleaning
Frequency.
A WAREWASHING machine; the compartments of sinks, basins,

or other receptacles used for washing and rinsing EQUIPMENT,
UTENSILS, or raw FOODS, or laundering wiping cloths; and
drainboards or other EQUIPMENT used to substitute for
drainboards as specified under § 4-301.13 shall be cleaned:
(A) Before use;
(B) Throughout the day at a frequency necessary to prevent

recontamination of EQUIPMENT and UTENSILS and to ensure
that the EQUIPMENT performs its intended function; and
(C) If used, at least every 24 hours.
4-501.15 Warewashing Machines, Manufacturers'

Operating Instructions.
(A) A WAREWASHING machine and its auxiliary components shall

be operated in accordance with the machine's data plate and
other manufacturer's instructions.
(B) A WAREWASHING machine's conveyor speed or automatic

cycle times shall be maintained accurately timed in accordance
with manufacturer's specifications.
4-501.16 Warewashing Sinks, Use Limitation.
(A) A WAREWASHING sink may not be used for handwashing as

specified under § 2-301.15.
(B) If a WAREWASHING sink is used to wash wiping cloths, wash

produce, or thaw FOOD, the sink shall be cleaned as specified
under § 4-501.14 before and after each time it is used to wash
wiping cloths or wash produce or thaw FOOD. Sinks used to
wash or thaw FOOD shall be SANITIZED as specified under Part
4-7 before and after using the sink to wash produce or thaw
FOOD.
124
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

o o
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.
(A) The temperature of the wash solution in spray type

warewashers that use hot water to SANITIZE may not be less
than:
(1) For a stationary rack, single temperature machine, 74oC

(165oF); Pf
(2) For a stationary rack, dual temperature machine, 66oC

(150oF); Pf
(3) For a single tank, conveyor, dual temperature machine,

71oC (160oF); Pf or
(4) For a multitank, conveyor, multitemperature machine, 66oC

(150oF). Pf
125
(B) The temperature of the wash solution in spray-type
warewashers that use chemicals to SANITIZE may not be less
than 49oC (120oF). 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
77oC (171oF) or above. P
4-501.112 Mechanical Warewashing Equipment, Hot

Water Sanitization Temperatures.
(A) Except as specified in ¶ (B) of this section, in a mechanical

operation, the temperature of the fresh hot water SANITIZING
rinse as it enters the manifold may not be more than 90oC
(194oF), or less than: Pf
(1) For a stationary rack, single temperature machine, 74oC

(165oF); Pf or
(2) For all other machines, 82oC (180oF). Pf
(B) The maximum temperature specified under ¶ (A) of this

section, does not apply to the high pressure and temperature
systems with wand-type, hand-held, spraying devices used for
the in-place cleaning and SANITIZING of EQUIPMENT such as
meat saws.
4-501.113 Mechanical Warewashing Equipment,

Sanitization Pressure.
The flow pressure of the fresh hot water SANITIZING rinse in a

WAREWASHING machine, as measured in the water line
immediately downstream or upstream from the fresh hot water
SANITIZING rinse control value, shall be within the range
specified on the machine manufacturer’s data plate and may
not be less than 35 kilopascals (5 pounds per square inch) or
more than 200 kilopascals (30 pounds per square inch).
126
4-501.114 Manual and Mechanical Warewashing
Equipment, Chemical Sanitization -
Temperature, pH, Concentration, and
Hardness.
A chemical SANITIZER used in a SANITIZING solution for a manual

or mechanical operation at contact times specified under
¶ 4-703.11(C) shall meet the criteria specified under § 7-204.11
Sanitizers, Criteria, shall be used in accordance with the EPA-
registered label use instructions, and shall be used as follows P:
(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 Minimum Temperature

Range
MG/L PH 10 or less PH 8 or less
o
C (oF) o
C (oF)
25 – 49 49 (120) 49 (120)
50 – 99 38 (100) 24 ( 75)
100 13 ( 55) 13 ( 55)
(B) An iodine solution shall have a:
(1) Minimum temperature of 20°C (68°F), P
(2) PH of 5.0 or less or a PH no higher than the level for

which the manufacturer specifies the solution is
effective, P and
(3) Concentration between 12.5 MG/L and 25 MG/L; P
(C) A quaternary ammonium compound solution shall:
(1) Have a minimum temperature of 24oC (75oF), P
(2) Have a concentration as specified under § 7-204.11 and

as indicated by the manufacturer's use directions
included in the labeling, P and
127
(3) Be used only in water with 500 MG/L hardness or less or
in water having a hardness no greater than specified by
the EPA-registered label use instructions; P
(D) If another solution of a chemical specified under ¶¶ (A) - (C)

of this section is used, the PERMIT HOLDER shall demonstrate
to the REGULATORY AUTHORITY that the solution achieves
SANITIZATION and the use of the solution shall be APPROVED;
P
or
(E) If a chemical SANITIZER other than chlorine, iodine, or a

quaternary ammonium compound is used, it shall be
applied in accordance with the EPA-registered label use
instructions. P
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 4-502.11 Good Repair and Calibration.

Temperature
and Pressure (A) UTENSILS shall be maintained in a state of repair or
Measuring condition that complies with the requirements specified under
Devices Parts 4-1 and 4-2 or shall be discarded.
(B) FOOD TEMPERATURE MEASURING DEVICES shall be calibrated

in accordance with manufacturer's specifications as necessary
to ensure their accuracy. Pf
(C) Ambient air temperature, water pressure, and water

TEMPERATURE MEASURING DEVICES shall be maintained in good
repair and be accurate within the intended range of use.
128
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
P
CONSUMERS.
4-502.13 Single-Service and Single-Use Articles, Use

Limitation.
(A) SINGLE-SERVICE and SINGLE-USE ARTICLES may not be

reused.
(B) The bulk milk container dispensing tube shall be cut on the
diagonal leaving no more than one inch protruding from the
chilled dispensing head.
4-502.14 Shells, Use Limitation.
Mollusk and crustacea shells may not be used more than once
as serving containers.
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.
(A) EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be

clean to sight and touch. Pf
129
(B) The FOOD-CONTACT SURFACES of cooking EQUIPMENT and
pans shall be kept free of encrusted grease deposits and other
soil accumulations.
(C) NonFOOD-CONTACT SURFACES of EQUIPMENT shall be kept free

of an accumulation of dust, dirt, FOOD residue, and other debris.
Frequency 4-602.11 Equipment Food-Contact Surfaces and

Utensils.

cleaned:
(1) Except as specified in ¶ (B) of this section, before each use

with a different type of raw animal FOOD such as beef, FISH,
lamb, pork, or POULTRY; P
(2) Each time there is a change from working with raw FOODS to
working with READY-TO-EAT FOODS; P
(3) Between uses with raw fruits and vegetables and with
POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL
P
FOR SAFETY FOOD);
(4) Before using or storing a FOOD TEMPERATURE MEASURING

P
DEVICE; and
(5) At any time during the operation when contamination may

have occurred. P
(B) Subparagraph (A)(1) of this section does not apply if the

FOOD-CONTACT SURFACE or UTENSIL is in contact with a
succession of different raw animal FOODS each requiring a
higher cooking temperature as specified under § 3-401.11 than
the previous FOOD, such as preparing raw FISH followed by
cutting raw poultry on the same cutting board.
(C) Except as specified in ¶ (D) of this section, if used with

SAFETY FOOD), EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS
shall be cleaned throughout the day at least every 4 hours. P
(D) Surfaces of UTENSILS and EQUIPMENT contacting POTENTIALLY

may be cleaned less frequently than every 4 hours if:
130
(1) In storage, containers of POTENTIALLY HAZARDOUS FOOD
(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) and their
contents are maintained at temperatures specified under
Chapter 3 and the containers are cleaned when they are
empty;
(2) UTENSILS and EQUIPMENT are used to prepare FOOD in a

refrigerated room or area that is maintained at one of the
temperatures in the following chart and:
(a) The UTENSILS and EQUIPMENT are cleaned at the

frequency in the following chart that corresponds to the
temperature; and
Cleaning
Temperature Frequency
5.0oC (41oF) or less 24 hours
>5.0oC - 7.2oC 20 hours

(>41oF - 45oF)
>7.2oC - 10.0oC 16 hours

(>45oF - 50oF)
>10.0oC - 12.8oC 10 hours

(>50oF - 55oF)
(b) The cleaning frequency based on the ambient

temperature of the refrigerated room or area is
documented in the FOOD ESTABLISHMENT.
(3) Containers in serving situations such as salad bars, delis,

and cafeteria lines hold READY-TO-EAT POTENTIALLY
HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY
FOOD) that is maintained at the temperatures specified under
Chapter 3, are intermittently combined with additional
supplies of the same FOOD that is at the required
temperature, and the containers are cleaned at least every
24 hours;
(4) TEMPERATURE MEASURING DEVICES are maintained in contact

with FOOD, such as when left in a container of deli FOOD or in
131
a roast, held at temperatures specified under Chapter 3;
(5) EQUIPMENT is used for storage of PACKAGED or unPACKAGED

FOOD such as a reach-in refrigerator and the EQUIPMENT is
cleaned at a frequency necessary to preclude accumulation
of soil residues;
(6) The cleaning schedule is APPROVED based on consideration

of:
(a) Characteristics of the EQUIPMENT and its use,
(b) The type of FOOD involved,
(c) The amount of FOOD residue accumulation, and
(d) The temperature at which the FOOD is maintained during

the operation and the potential for the rapid and
progressive multiplication of pathogenic or toxigenic
microorganisms that are capable of causing foodborne
disease; or
(7) In-use UTENSILS are intermittently stored in a container of

water in which the water is maintained at 57oC (135oF) or
more and the UTENSILS and container are cleaned at least
every 24 hours or at a frequency necessary to preclude
accumulation of soil residues.
(E) Except when dry cleaning methods are used as specified

under § 4-603.11, surfaces of UTENSILS and EQUIPMENT
contacting FOOD that is not POTENTIALLY HAZARDOUS
(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) shall be cleaned:
(1) At any time when contamination may have occurred;
(2) At least every 24 hours for iced tea dispensers and

CONSUMER self-service UTENSILS such as tongs, scoops, or
ladles;
(3) Before restocking CONSUMER self-service EQUIPMENT and

UTENSILS such as condiment dispensers and display
containers; and
(4) In EQUIPMENT such as ice bins and BEVERAGE dispensing

nozzles and enclosed components of EQUIPMENT such as ice
makers, cooking oil storage tanks and distribution lines,
132
BEVERAGE and syrup dispensing lines or tubes, coffee bean
grinders, and water vending EQUIPMENT:
(a) At a frequency specified by the manufacturer, or
(b) Absent manufacturer specifications, at a frequency

necessary to preclude accumulation of soil or mold.
4-602.12 Cooking and Baking Equipment.
(A) The FOOD-CONTACT SURFACES of cooking and baking

EQUIPMENT shall be cleaned at least every 24 hours. This
section does not apply to hot oil cooking and filtering EQUIPMENT
if it is cleaned as specified in Subparagraph 4-602.11(D)(6).
(B) The cavities and door seals of microwave ovens shall be

cleaned at least every 24 hours by using the manufacturer's
recommended cleaning procedure.
NonFOOD-CONTACT SURFACES of EQUIPMENT shall be cleaned at a

frequency necessary to preclude accumulation of soil residues.
Methods 4-603.11 Dry Cleaning.
(A) If used, dry cleaning methods such as brushing, scraping,

and vacuuming shall contact only SURFACES that are soiled with
dry FOOD residues that are not POTENTIALLY HAZARDOUS
(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD).
(B) Cleaning EQUIPMENT used in dry cleaning FOOD-CONTACT

SURFACES may not be used for any other purpose.
4-603.12 Precleaning.
(A) FOOD debris on EQUIPMENT and UTENSILS shall be scrapped

over a waste disposal unit or garbage receptacle or shall be
removed in a WAREWASHING machine with a prewash cycle.
(B) If necessary for effective cleaning, UTENSILS and EQUIPMENT

shall be preflushed, presoaked, or scrubbed with abrasives.
133
4-603.13 Loading of Soiled Items, Warewashing
Machines.
Soiled items to be cleaned in a WAREWASHING machine shall be

loaded into racks, trays, or baskets or onto conveyors in a
position that:
(A) Exposes the items to the unobstructed spray from all cycles;
and
(B) Allows the items to drain.
4-603.14 Wet Cleaning.

effectively washed to remove or completely loosen soils by
using the manual or mechanical means necessary such as the
application of detergents containing wetting agents and
emulsifiers; acid, alkaline, or abrasive cleaners; hot water;
brushes; scouring pads; high-pressure sprays; or ultrasonic
devices.
(B) The washing procedures selected shall be based on the type

and purpose of the EQUIPMENT or UTENSIL, and on the type of soil
to be removed.
4-603.15 Washing, Procedures for Alternative Manual

Warewashing Equipment.
If washing in sink compartments or a WAREWASHING machine is

impractical such as when the EQUIPMENT is fixed or the UTENSILS
are too large, washing shall be done by using alternative manual
WAREWASHING EQUIPMENT as specified in ¶ 4-301.12(C) in
accordance with the following procedures:
(A) EQUIPMENT shall be disassembled as necessary to allow

access of the detergent solution to all parts;
(B) EQUIPMENT components and UTENSILS shall be scrapped or

rough cleaned to remove FOOD particle accumulation; and
(C) EQUIPMENT and UTENSILS shall be washed as specified under
134
¶ 4-603.14(A).
4-603.16 Rinsing Procedures.
Washed UTENSILS and EQUIPMENT shall be rinsed so that

abrasives are removed and cleaning chemicals are removed or
diluted through the use of water or a detergent-sanitizer solution
by using one of the following procedures:
(A) Use of a distinct, separate water rinse after washing and

before SANITIZING if using:
(1) A 3-compartment sink,
(2) Alternative manual WAREWASHING EQUIPMENT

equivalent to a 3-compartment sink as specified in
¶ 4-301.12(C), or
(3) A 3-step washing, rinsing, and SANITIZING procedure in

a WAREWASHING system for CIP EQUIPMENT;
(B) Use of a detergent-SANITIZER as specified under § 4-501.115

if using:
(1) Alternative WAREWASHING EQUIPMENT as specified in

¶ 4-301.12(C) that is APPROVED for use with a detergent-
sANITIZER, or
(2) A WAREWASHING system for CIP EQUIPMENT;
(C) Use of a nondistinct water rinse that is integrated in the hot

water SANITIZATION immersion step of a 2-compartment sink
operation;
(D) If using a WAREWASHING machine that does not recycle the

SANITIZING solution as specified under ¶ (E) of this section, or
alternative manual WAREWASHING EQUIPMENT such as
sprayers, use of a nondistinct water rinse that is:
(1) Integrated in the application of the SANITIZING solution,

and
(2) Wasted immediately after each application; or
(E) If using a WAREWASHING machine that recycles the SANITIZING
135
solution for use in the next wash cycle, use of a nondistinct
water rinse that is integrated in the application of the
SANITIZING solution.
4-603.17 Returnables, Cleaning for Refilling.
(A) Except as specified in ¶¶ (B) and (C) of this section, returned

empty containers intended for cleaning and refilling with FOOD
shall be cleaned and refilled in a regulated FOOD PROCESSING
P
PLANT.
(B) A FOOD-specific container for BEVERAGES may be refilled at a

FOOD ESTABLISHMENT if:
(1) Only a BEVERAGE that is not a POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) is used as
specified under ¶ 3-304.17(A);
(2) The design of the container and of the rinsing EQUIPMENT and
the nature of the BEVERAGE, when considered together, allow
effective cleaning at home or in the FOOD ESTABLISHMENT;
(3) Facilities for rinsing before refilling returned containers with

fresh, hot water that is under pressure and not recirculated
are provided as part of the dispensing system;
(4) The CONSUMER-owned container returned to the FOOD

ESTABLISHMENT for refilling is refilled for sale or service only
to the same CONSUMER; and
(5) The container is refilled by:
(a) An EMPLOYEE of the FOOD ESTABLISHMENT, or
(b) The owner of the container if the BEVERAGE system

includes a contamination-free transfer process that
cannot be bypassed by the container owner.
(C) CONSUMER-owned containers that are not FOOD-specific may

be filled at a water VENDING MACHINE or system.
136
4-7 SANITIZATION OF EQUIPMENT AND UTENSILS
Subparts
4-701 Objective
4-702 Frequency
4-703 Methods
Objective 4-701.10 Food-Contact Surfaces and Utensils.
EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be

SANITIZED.
Frequency 4-702.11 Before Use After Cleaning.
UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT shall be

P
SANITIZED before use after cleaning.
Methods 4-703.11 Hot Water and Chemical.
After being cleaned, EQUIPMENT FOOD-CONTACT SURFACES and

UTENSILS shall be SANITIZED in:
(A) Hot water manual operations by immersion for at least 30

seconds and as specified under § 4-501.111; P
(B) Hot water mechanical operations by being cycled through

EQUIPMENT that is set up as specified under §§ 4-501.15,
4-501.112, and 4-501.113 and achieving a UTENSIL surface
temperature of 71oC (160oF) as measured by an irreversible
registering temperature indicator; P or
(C) Chemical manual or mechanical operations, including the

application of SANITIZING chemicals by immersion, manual
swabbing, brushing, or pressure spraying methods, using a
solution as specified under § 4-501.114. Contact times shall
be consistent with those on EPA-registered label use
instructions by providing:
(1) Except as specified under Subparagraph (C)(2) of this

section, a contact time of at least 10 seconds for a
chlorine solution specified under ¶ 4-501.114(A), P
137
(2) A contact time of at least 7 seconds for a chlorine solution
of 50 MG/L that has a PH of 10 or less and a temperature
of at least 38oC (100oF) or a PH of 8 or less and a
temperature of at least 24oC (75oF), P
(3) A contact time of at least 30 seconds for other

chemical SANITIZING solutions, P or
(4) A contact time used in relationship with a combination of

temperature, concentration, and PH that, when evaluated
for efficacy, yields SANITIZATION as defined in ¶
1-201.10(B). P
4-8 LAUNDERING
Subparts
4-801 Objective
4-802 Frequency
4-803 Methods
Objective 4-801.11 Clean Linens.
Clean LINENS shall be free from FOOD residues and other soiling
matter.
Frequency 4-802.11 Specifications.
(A) LINENS that do not come in direct contact with FOOD shall be
laundered between operations if they become wet, sticky, or
visibly soiled.
(B) Cloth gloves used as specified in ¶ 3-304.15(D) shall be

laundered before being used with a different type of raw animal
FOOD such as beef, FISH, lamb, pork or POULTRY.
(C) LINENS and napkins that are used as specified under

§ 3-304.13 and cloth napkins shall be laundered between each
use.
(D) Wet wiping cloths shall be laundered daily.
138
(E) Dry wiping cloths shall be laundered as necessary to prevent
contamination of FOOD and clean serving UTENSILS.
Methods 4-803.11 Storage of Soiled Linens.
Soiled LINENS shall be kept in clean, nonabsorbent receptacles or

clean, washable laundry bags and stored and transported to
prevent contamination of FOOD, clean EQUIPMENT, clean UTENSILS,
and SINGLE-SERVICE and SINGLE-USE ARTICLES.
4-803.12 Mechanical Washing.
(A) Except as specified in ¶ (B) of this section, LINENS shall be

mechanically washed.
(B) In FOOD ESTABLISHMENTS in which only wiping cloths are

laundered as specified in ¶ 4-301.15(B), the wiping cloths may
be laundered in a mechanical washer, sink designated only for
laundering wiping cloths, or a WAREWASHING or FOOD preparation
sink that is cleaned as specified under § 4-501.14.
4-803.13 Use of Laundry Facilities.
(A) Except as specified in ¶ (B) of this section, laundry facilities

on the PREMISES of a FOOD ESTABLISHMENT shall be used only for
the washing and drying of items used in the operation of the
establishment.
(B) Separate laundry facilities located on the PREMISES for the

purpose of general laundering such as for institutions providing
boarding and lodging may also be used for laundering FOOD
ESTABLISHMENT items.
139
4-9 PROTECTION OF CLEAN ITEMS
Subparts
4-901 Drying
4-902 Lubricating and Reassembling
4-903 Storing
4-904 Preventing Contamination
Drying 4-901.11 Equipment and Utensils, Air-Drying Required.
After cleaning and SANITIZING, EQUIPMENT and UTENSILS:
(A) Shall be air-dried or used after adequate draining as specified

in the first paragraph of 40 CFR 180.940 Tolerance
exemptions for active and inert ingredients for use in
antimicrobial formulations (food-contact surface SANITIZING
solutions), before contact with FOOD; and
(B) May not be cloth dried except that UTENSILS that have been
air-dried may be polished with cloths that are maintained
clean and dry.
4-901.12 Wiping Cloths, Air-Drying Locations.
Wiping cloths laundered in a FOOD ESTABLISHMENT that does not

have a mechanical clothes dryer as specified in ¶ 4-301.15(B)
shall be air-dried in a location and in a manner that prevents
contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-
SERVICE and SINGLE-USE ARTICLES and the wiping cloths. This
section does not apply if wiping cloths are stored after laundering
in a SANITIZING solution as specified under § 4-501.114.
Lubricating and 4-902.11 Food-Contact Surfaces.

Reassembling
Lubricants as specified under § 7-205.11 shall be applied to
FOOD-CONTACT SURFACES that require lubrication in a manner that
does not contaminate FOOD-CONTACT SURFACES.
140
4-902.12 Equipment.
EQUIPMENT shall be reassembled so that FOOD-CONTACT

SURFACES are not contaminated.
Storing 4-903.11 Equipment, Utensils, Linens, and Single-

Service and Single-Use Articles.
(A) Except as specified in ¶ (D) of this section, cleaned

EQUIPMENT and UTENSILS, laundered LINENS, and SINGLE-SERVICE
and SINGLE-USE ARTICLES shall be stored:
(1) In a clean, dry location;
(2) Where they are not exposed to splash, dust, or other

contamination; and
(3) At least 15 cm (6 inches) above the floor.
(B) Clean EQUIPMENT and UTENSILS shall be stored as specified

under ¶ (A) of this section and shall be stored:
(1) In a self-draining position that allows air drying; and
(2) Covered or inverted.
(C) SINGLE-SERVICE and SINGLE-USE ARTICLES shall be stored as

specified under ¶ (A) of this section and shall be kept in the
original protective PACKAGE or stored by using other means that
afford protection from contamination until used.
(D) Items that are kept in closed PACKAGES may be stored less
than 15 cm (6 inches) above the floor on dollies, pallets, racks,
and skids that are designed as specified under § 4-204.122.
4-903.12 Prohibitions.
(A) Except as specified in ¶ (B) of this section, cleaned and

SANITIZED EQUIPMENT, UTENSILS, laundered LINENS, and SINGLE-
SERVICE and SINGLE-USE ARTICLES may not be stored:
(1) In locker rooms;
(2) In toilet rooms;
141
(3) In garbage rooms;
(4) In mechanical rooms;
(5) Under sewer lines that are not shielded to intercept potential
drips;
(6) Under leaking water lines including leaking automatic fire

sprinkler heads or under lines on which water has condensed;
(7) Under open stairwells; or
(8) Under other sources of contamination.
(B) Laundered LINENS and SINGLE-SERVICE and SINGLE-USE

ARTICLES that are PACKAGED or in a facility such as a cabinet may
be stored in a locker room.
Preventing 4-904.11 Kitchenware and Tableware.

Contamination
(A) SINGLE-SERVICE and SINGLE-USE ARTICLES and cleaned and
SANITIZED UTENSILS shall be handled, displayed, and dispensed
so that contamination of FOOD- and lip-contact surfaces is
prevented.
(B) Knives, forks, and spoons that are not prewrapped shall be
presented so that only the handles are touched by EMPLOYEES
and by CONSUMERS if CONSUMER self-service is provided.
(C) Except as specified under ¶ (B) of this section, SINGLE-

SERVICE ARTICLES that are intended for FOOD- or lip-contact shall
be furnished for CONSUMER self-service with the original individual
wrapper intact or from an APPROVED dispenser.
4-904.12 Soiled and Clean Tableware.
Soiled TABLEWARE shall be removed from CONSUMER eating and

drinking areas and handled so that clean TABLEWARE is not
contaminated.
142
4-904.13 Preset Tableware.
(A) Except as specified in ¶ (B) of this section, TABLEWARE that is

preset shall be protected from contamination by being wrapped,
covered, or inverted.
(B) Preset TABLEWARE may be exposed if:
(1) Unused settings are removed when a CONSUMER is seated; or
(2) Settings not removed when a CONSUMER is seated are

cleaned and SANITIZED before further use.
4-904.14 Rinsing Equipment and Utensils after Cleaning

and Sanitizing.
After being cleaned and SANITIZED, EQUIPMENT and UTENSILS shall

not be rinsed before air drying or use unless:
(A) The rinse is applied directly from a potable water supply

by a warewashing machine that is maintained and operated
as specified under Subparts 4-204 and 4-501; and
(B) The rinse is applied only after the EQUIPMENT and UTENSILS
have been SANITIZED by the application of hot water or by the
application of a chemical SANITIZER solution whose EPA-
registered label use instructions call for rinsing off the
SANITIZER after it is applied in a commercial WAREWASHING
machine.
143
Chapter
5 Water, Plumbing,
and Waste
Parts
5-1 WATER
5-2 PLUMBING SYSTEM
5-3 MOBILE WATER TANK AND MOBILE FOOD ESTABLISHMENT
WATER TANK
5-4 SEWAGE, OTHER LIQUID WASTE, AND RAINWATER
5-5 REFUSE, RECYCLABLES, AND RETURNABLES
5-1 WATER
Subparts
5-101 Source
5-102 Quality
5-103 Quantity and Availability
5-104 Distribution, Delivery, and Retention
Source 5-101.11 Approved System.
DRINKING WATER shall be obtained from an APPROVED source that

is:
(A) A PUBLIC WATER SYSTEM; P or
(B) A nonPUBLIC WATER SYSTEM that is constructed,

maintained, and operated according to LAW . P
144
5-101.12 System Flushing and Disinfection.
A DRINKING WATER system shall be flushed and disinfected before

being placed in service after construction, repair, or modification
and after an emergency situation, such as a flood, that may
introduce contaminants to the system. P
5-101.13 Bottled Drinking Water.
BOTTLED DRINKING WATER used or sold in a FOOD ESTABLISHMENT

shall be obtained from APPROVED sources in accordance with
21 CFR 129 - Processing and Bottling of Bottled DRINKING
P
WATER.
Quality 5-102.11 Standards.
Except as specified under § 5-102.12:
(A) Water from a PUBLIC WATER SYSTEM shall meet 40 CFR

141 - National Primary Drinking Water Regulations and state
P
DRINKING WATER quality standards; and
(B) Water from a nonPUBLIC WATER SYSTEM shall meet state

P
DRINKING WATER quality standards.
5-102.12 Nondrinking Water.
(A) A nonDRINKING WATER supply shall be used only if its use is

P
APPROVED.
(B) NonDRINKING WATER shall be used only for nonculinary

purposes such as air conditioning, nonFOOD EQUIPMENT cooling,
and fire protection. P
5-102.13 Sampling.
Except when used as specified under § 5-102.12, water from a

nonPUBLIC WATER SYSTEM shall be sampled and tested at least
annually and as required by state water quality regulations. Pf
145
5-102.14 Sample Report.
The most recent sample report for the nonPUBLIC WATER SYSTEM
shall be retained on file in the FOOD ESTABLISHMENT or the report
shall be maintained as specified by state water quality
regulations.
Quantity and 5-103.11 Capacity.

Availability
(A) The water source and system shall be of sufficient capacity to
meet the peak water demands of the FOOD ESTABLISHMENT. Pf
(B) Hot water generation and distribution systems shall be

sufficient to meet the peak hot water demands throughout the
Pf
FOOD ESTABLISHMENT.
5-103.12 Pressure.
Water under pressure shall be provided to all fixtures,

EQUIPMENT, and nonFOOD EQUIPMENT that are required to use
water except that water supplied as specified under ¶¶
5-104.12(A) and (B) to a TEMPORARY FOOD ESTABLISHMENT or in
response to a temporary interruption of a water supply need not
be under pressure. Pf
Distribution, 5-104.11 System.

Delivery, and
Retention Water shall be received from the source through the use of:
(A) An APPROVED public water main; Pf or
(B) One or more of the following that shall be constructed,

maintained, and operated according to LAW : Pf
(1) Nonpublic water main, water pumps, pipes, hoses,

connections, and other appurtenances, Pf
(2) Water transport vehicles, Pf or
(3) Water containers. Pf
146
5-104.12 Alternative Water Supply.
Water meeting the requirements specified under Subparts 5-101,

5-102, and 5-103 shall be made available for a mobile facility, for
a TEMPORARY FOOD ESTABLISHMENT without a permanent water
supply, and for a FOOD ESTABLISHMENT with a temporary
interruption of its water supply through:
(A) A supply of containers of commercially BOTTLED DRINKING

Pf
WATER;
(B) One or more closed portable water containers; Pf
(C) An enclosed vehicular water tank; Pf
(D) An on-PREMISES water storage tank; Pf or
(E) Piping, tubing, or hoses connected to an adjacent

Pf
APPROVED source.
5-2 PLUMBING SYSTEM
Subparts
5-201 Materials
5-202 Design, Construction, and Installation
5-203 Numbers and Capacities
5-204 Location and Placement
5-205 Operation and Maintenance
Materials 5-201.11 Approved.
(A) A PLUMBING SYSTEM and hoses conveying water shall be

constructed and repaired with APPROVED materials according to
P
LAW .
(B) A water filter shall be made of SAFE MATERIALS. P
Design, 5-202.11 Approved System and Cleanable Fixtures.

Construction,
and Installation (A) A PLUMBING SYSTEM shall be designed, constructed, and
installed according to LAW . P
147
(B) A PLUMBING FIXTURE such as a HANDWASHING SINK, toilet, or
urinal shall be EASILY CLEANABLE.
5-202.12 Handwashing Sink, Installation.
(A) A HANDWASHING SINK shall be equipped to provide water at a

temperature of at least 38oC (100oF) through a mixing valve or
combination faucet. Pf
(B) A steam mixing valve may not be used at a HANDWASHING SINK.
(C) A self-closing, slow-closing, or metering faucet shall provide a

flow of water for at least 15 seconds without the need to reactivate
the faucet.
(D) An automatic handwashing facility shall be installed in

accordance with manufacturer’s instructions.
5-202.13 Backflow Prevention, Air Gap.
An air gap between the water supply inlet and the flood level rim of
the PLUMBING FIXTURE, EQUIPMENT, or nonFOOD EQUIPMENT shall be
at least twice the diameter of the water supply inlet and may not be
less than 25 mm (1 inch). P
5-202.14 Backflow Prevention Device, Design Standard.
A backflow or backsiphonage prevention device installed on a

water supply system shall meet American Society of Sanitary
Engineering (A.S.S.E.) standards for construction, installation,
maintenance, inspection, and testing for that specific application
and type of device. P
5-202.15 Conditioning Device, Design.
A water filter, screen, and other water conditioning device installed

on water lines shall be designed to facilitate disassembly for
periodic servicing and cleaning. A water filter element shall be of
the replaceable type.
148
Numbers and 5-203.11 Handwashing Sinks.
Capacities
(A) Except as specified in ¶¶ (B) and (C) of this section, at least 1
HANDWASHING SINK, a number of HANDWASHING SINKS necessary for
their convenient use by EMPLOYEES in areas specified under
§ 5-204.11, and not fewer than the number of HANDWASHING SINKS
required by LAW shall be provided. Pf
(B) If APPROVED and capable of removing the types of soils

encountered in the FOOD operations involved, automatic
handwashing facilities may be substituted for HANDWASHING SINKS
in a FOOD ESTABLISHMENT that has at least 1 HANDWASHING SINK.
(C) DELETED
5-203.12 Toilets and Urinals.
At least 1 toilet and not fewer than the toilets required by LAW shall
be provided. If authorized by LAW and urinals are substituted for
toilets, the substitution shall be done as specified in LAW .
5-203.13 Service Sink.
(A) At least 1 service sink or 1 curbed cleaning facility equipped

with a floor drain shall be provided and conveniently located for the
cleaning of mops or similar wet floor cleaning tools and for the
disposal of mop water and similar liquid waste.
(B) Toilets and urinals may not be used as a service sink for the
disposal of mop water and similar liquid waste.
5-203.14 Backflow Prevention Device, When Required.
A PLUMBING SYSTEM shall be installed to preclude backflow of a

solid, liquid, or gas contaminant into the water supply system at
each point of use at the FOOD ESTABLISHMENT, including on a hose
bibb if a hose is attached or on a hose bibb if a hose is not
attached and backflow prevention is required by LAW , by:
(A) Providing an air gap as specified under § 5-202.13 P; or
(B) Installing an APPROVED backflow prevention device as

specified under § 5-202.14. P
149
5-203.15 Backflow Prevention Device, Carbonator.
(A) If not provided with an air gap as specified under § 5-202.13, a

dual check valve with an intermediate vent preceded by a screen
of not less than 100 mesh to 25.4 mm (100 mesh to 1 inch) shall
be installed upstream from a carbonating device and downstream
from any copper in the water supply line.
(B) A dual check valve attached to the carbonator need not be of

the vented type if an air gap or vented backflow prevention device
has been otherwise provided as specified under ¶ (A) of this
section.
Location and 5-204.11 Handwashing Sinks.

Placement
A HANDWASHING SINK shall be located:
(A) To allow convenient use by EMPLOYEES in FOOD

preparation, FOOD dispensing, and WAREWASHING areas; Pf and
(B) In, or immediately adjacent to, toilet rooms. Pf
5-204.12 Backflow Prevention Device, Location.
A backflow prevention device shall be located so that it may be

serviced and maintained.
5-204.13 Conditioning Device, Location.
A water filter, screen, and other water conditioning device installed

on water lines shall be located to facilitate disassembly for periodic
servicing and cleaning.
Operation and 5-205.11 Using a Handwashing Sink.

Maintenance
(A) A HANDWASHING SINK shall be maintained so that it is accessible
at all times for EMPLOYEE use. Pf
(B) A HANDWASHING SINK may not be used for purposes other than
handwashing. Pf
150
(C) An automatic handwashing facility shall be used in accordance
with manufacturer’s instructions. Pf
5-205.12 Prohibiting a Cross Connection.
(A) A PERSON may not create a cross connection by connecting a

pipe or conduit between the DRINKING WATER system and a
nonDRINKING WATER system or a water system of unknown quality.P
(B) The piping of a nonDRINKING WATER system shall be durably

identified so that it is readily distinguishable from piping that
carries DRINKING WATER. Pf
5-205.13 Scheduling Inspection and Service for a Water

System Device.
A device such as a water treatment device or backflow preventer

shall be scheduled for inspection and service, in accordance with
manufacturer's instructions and as necessary to prevent device
failure based on local water conditions, and records demonstrating
inspection and service shall be maintained by the PERSON IN
Pf
CHARGE.
5-205.14 Water Reservoir of Fogging Devices, Cleaning.
(A) A reservoir that is used to supply water to a device such as a

produce fogger shall be:
(1) Maintained in accordance with manufacturer's

specifications; P and
(2) Cleaned in accordance with manufacturer's specifications

or according to the procedures specified under ¶ (B) of this
section, whichever is more stringent. P
(B) Cleaning procedures shall include at least the following steps

and shall be conducted at least once a week:
(1) Draining and complete disassembly of the water and

aerosol contact parts; P
(2) Brush-cleaning the reservoir, aerosol tubing, and discharge
151
nozzles with a suitable detergent solution; P
(3) Flushing the complete system with water to remove the

detergent solution and particulate accumulation; P and
(4) Rinsing by immersing, spraying, or swabbing the reservoir,

aerosol tubing, and discharge nozzles with at least 50 MG/L
hypochlorite solution. P
5-205.15 System Maintained in Good Repair.
A PLUMBING SYSTEM shall be:
(A) Repaired according to LAW ; P and
(B) Maintained in good repair.
5-3 MOBILE WATER TANK AND MOBILE FOOD ESTABLISHMENT

WATER TANK
Subparts
5-301 Materials
5-302 Design and Construction
5-303 Numbers and Capacities
5-304 Operation and Maintenance
Materials 5-301.11 Approved.
Materials that are used in the construction of a mobile water tank,

mobile FOOD ESTABLISHMENT water tank, and appurtenances shall
be:
(A) Safe; P
(B) Durable, CORROSION-RESISTANT, and nonabsorbent; and
(C) Finished to have a SMOOTH, EASILY CLEANABLE surface.
152
Design and 5-302.11 Enclosed System, Sloped to Drain.
Construction
A mobile water tank shall be:
(A) Enclosed from the filling inlet to the discharge outlet; and
(B) Sloped to an outlet that allows complete drainage of the

tank.
5-302.12 Inspection and Cleaning Port, Protected and

Secured.
If a water tank is designed with an access port for inspection and

cleaning, the opening shall be in the top of the tank and:
(A) Flanged upward at least 13 mm (one-half inch); and
(B) Equipped with a port cover assembly that is:
(1) Provided with a gasket and a device for securing the

cover in place, and
(2) Flanged to overlap the opening and sloped to drain.
5-302.13 "V" Type Threads, Use Limitation.
A fitting with "V" type threads on a water tank inlet or outlet shall
be allowed only when a hose is permanently attached.
5-302.14 Tank Vent, Protected.
If provided, a water tank vent shall terminate in a downward

direction and shall be covered with:
(A) 16 mesh to 25.4 mm (16 mesh to 1 inch) screen or

equivalent when the vent is in a protected area; or
(B) A protective filter when the vent is in an area that is not

protected from windblown dirt and debris.
5-302.15 Inlet and Outlet, Sloped to Drain.
153
(A) A water tank and its inlet and outlet shall be sloped to drain.
(B) A water tank inlet shall be positioned so that it is protected

from contaminants such as waste discharge, road dust, oil, or
grease.
5-302.16 Hose, Construction and Identification.
A hose used for conveying DRINKING WATER from a water tank

shall be:
(A) Safe; P
(B) Durable, CORROSION-RESISTANT, and nonaborbent;
(C) Resistant to pitting, chipping, crazing, scratching, scoring,

distortion, and decomposition;
(D) Finished with a SMOOTH interior surface; and
(E) Clearly and durably identified as to its use if not

permanently attached.
Numbers and 5-303.11 Filter, Compressed Air.

Capacities
A filter that does not pass oil or oil vapors shall be installed in the
air supply line between the compressor and DRINKING WATER
system when compressed air is used to pressurize the water
tank system. P
5-303.12 Protective Cover or Device.
A cap and keeper chain, closed cabinet, closed storage tube, or

other APPROVED protective cover or device shall be provided for a
water inlet, outlet, and hose.
5-303.13 Mobile Food Establishment Tank Inlet.
A mobile FOOD ESTABLISHMENT'S water tank inlet shall be:
(A) 19.1 mm (three-fourths inch) in inner diameter or less;

and
154
(B) Provided with a hose connection of a size or type that will
prevent its use for any other service.
Operation and 5-304.11 System Flushing and Sanitization.

Maintenance
A water tank, pump, and hoses shall be flushed and SANITIZED
before being placed in service after construction, repair,
modification, and periods of nonuse. P
5-304.12 Using a Pump and Hoses, Backflow Prevention.
A PERSON shall operate a water tank, pump, and hoses so that

backflow and other contamination of the water supply are
prevented.
5-304.13 Protecting Inlet, Outlet, and Hose Fitting.
If not in use, a water tank and hose inlet and outlet fitting shall be
protected using a cover or device as specified under § 5-303.12.
5-304.14 Tank, Pump, and Hoses, Dedication.
(A) Except as specified in ¶ (B) of this section, a water tank,

pump, and hoses used for conveying DRINKING WATER shall be
used for no other purpose. P
(B) Water tanks, pumps, and hoses APPROVED for liquid FOODS
may be used for conveying DRINKING WATER if they are cleaned
and SANITIZED before they are used to convey water.
155
5-4 SEWAGE, OTHER LIQUID WASTE, AND RAINWATER
Subparts
5-401 Mobile Holding Tank

5-402 Retention, Drainage, and Delivery
5-403 Disposal Facility
Mobile Holding 5-401.11 Capacity and Drainage.

Tank
A SEWAGE holding tank in a mobile FOOD ESTABLISHMENT shall be:
(A) Sized 15 percent larger in capacity than the water supply

tank; and
(B) Sloped to a drain that is 25 mm (1 inch) in inner diameter

or greater, equipped with a shut-off valve.
Retention, 5-402.10 Establishment Drainage System.

Drainage, and
Delivery FOOD ESTABLISHMENT drainage systems, including grease traps,
that convey SEWAGE shall be designed and installed as specified
design, under ¶ 5-202.11(A).
construction, and
installation
5-402.11 Backflow Prevention.
(A) Except as specified in ¶¶ (B), (C), and (D) of this section, a

direct connection may not exist between the SEWAGE system and
a drain originating from EQUIPMENT in which FOOD, portable
P
EQUIPMENT, or UTENSILS are placed.
(B) Paragraph (A) of this section does not apply to floor drains
that originate in refrigerated spaces that are constructed as an
integral part of the building.
(C) If allowed by LAW, a WAREWASHING machine may have a

direct connection between its waste outlet and a floor drain when
the machine is located within 1.5 m (5 feet) of a trapped floor
drain and the machine outlet is connected to the inlet side of a
properly vented floor drain trap.
156
(D) If allowed by LAW, a WAREWASHING or culinary sink may have
a direct connection.
location and 5-402.12 Grease Trap.

placement
If used, a grease trap shall be located to be easily accessible for
cleaning.
operation and 5-402.13 Conveying Sewage.

maintenance
SEWAGE shall be conveyed to the point of disposal through an
APPROVED sanitary SEWAGE system or other system, including
use of SEWAGE transport vehicles, waste retention tanks, pumps,
pipes, hoses, and connections that are constructed, maintained,
and operated according to LAW .P
5-402.14 Removing Mobile Food Establishment Wastes.

SEWAGE and other liquid wastes shall be removed from a mobile
FOOD ESTABLISHMENT at an APPROVED waste SERVICING AREA or by
a SEWAGE transport vehicle in such a way that a public health
Pf
HAZARD or nuisance is not created.
5-402.15 Flushing a Waste Retention Tank.
A tank for liquid waste retention shall be thoroughly flushed and

drained in a sanitary manner during the servicing operation.
Disposal Facility 5-403.11 Approved Sewage Disposal System.
design and SEWAGE shall be disposed through an APPROVED facility that is:
construction
(A) A public SEWAGE treatment plant; P or
(B) An individual SEWAGE disposal system that is sized,

constructed, maintained, and operated according to LAW. P
157
5-403.12 Other Liquid Wastes and Rainwater.
Condensate drainage and other nonSEWAGE liquids and

rainwater shall be drained from point of discharge to disposal
according to LAW .
5-5 REFUSE, RECYCLABLES, AND RETURNABLES
Subparts
5-501 Facilities on the Premises

5-502 Removal
5-503 Facilities for Disposal and Recycling
Facilities on the 5-501.10 Indoor Storage Area.

Premises
materials, design, If located within the FOOD ESTABLISHMENT, a storage area for
construction, and REFUSE, recyclables, and returnables shall meet the
installation requirements specified under §§ 6-101.11, 6-201.11 - 6-201.18,
6-202.15, and 6-202.16.
5-501.11 Outdoor Storage Surface.
An outdoor storage surface for REFUSE, recyclables, and

returnables shall be constructed of nonabsorbent material such
as concrete or asphalt and shall be SMOOTH, durable, and
sloped to drain.
5-501.12 Outdoor Enclosure.
If used, an outdoor enclosure for REFUSE, recyclables, and

returnables shall be constructed of durable and cleanable
materials.
5-501.13 Receptacles.
(A) Except as specified in ¶ (B) of this section, receptacles and

waste handling units for REFUSE, recyclables, and returnables
and for use with materials containing FOOD residue shall be
durable, cleanable, insect- and rodent-resistant, leakproof, and
nonabsorbent.
158
(B) Plastic bags and wet strength paper bags may be used to
line receptacles for storage inside the FOOD ESTABLISHMENT, or
within closed outside receptacles.
5-501.14
DELETED
5-501.15 Outside Receptacles.
(A) Receptacles and waste handling units for REFUSE,

recyclables, and returnables used with materials containing
FOOD residue and used outside the FOOD ESTABLISHMENT shall
be designed and constructed to have tight-fitting lids, doors, or
covers.
(B) Receptacles and waste handling units for REFUSE and

recyclables such as an on-site compactor shall be installed so
that accumulation of debris and insect and rodent attraction and
harborage are minimized and effective cleaning is facilitated
around and, if the unit is not installed flush with the base pad,
under the unit.
5-501.16 Storage Areas, Rooms, and Receptacles,

Capacity and Availability.
(A) An inside storage room and area and outside storage area
and enclosure, and receptacles shall be of sufficient capacity to
hold REFUSE, recyclables, and returnables that accumulate.
numbers and
capacities
(B) A receptacle shall be provided in each area of the FOOD
ESTABLISHMENT or PREMISES where REFUSE is generated or
commonly discarded, or where recyclables or returnables are
placed.
(C) If disposable towels are used at handwashing lavatories, a

waste receptacle shall be located at each lavatory or group of
adjacent lavatories.
5-501.17 Toilet Room Receptacle, Covered.
159
A toilet room used by females shall be provided with a covered
receptacle for sanitary napkins.
5-501.18 Cleaning Implements and Supplies.
(A) Except as specified in ¶ (B) of this section, suitable cleaning

implements and supplies such as high pressure pumps, hot
water, steam, and detergent shall be provided as necessary for
effective cleaning of receptacles and waste handling units for
REFUSE, recyclables, and returnables.
(B) If APPROVED, off-PREMISES-based cleaning services may be

used if on-PREMISES cleaning implements and supplies are not
provided.
5-501.19 Storage Areas, Redeeming Machines,

Receptacles and Waste Handling Units,
Location.
(A) An area designated for REFUSE, recyclables, returnables,

and, except as specified in ¶ (B) of this section, a redeeming
machine for recyclables or returnables shall be located so that
it is separate from FOOD, EQUIPMENT, UTENSILS, LINENS, and
SINGLE-SERVICE and SINGLE-USE ARTICLES and a public health
HAZARD or nuisance is not created.
location and
placement
(B) A redeeming machine may be located in the PACKAGED
FOOD storage area or CONSUMER area of a FOOD ESTABLISHMENT
if FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and
SINGLE-USE ARTICLES are not subject to contamination from the
machines and a public health HAZARD or nuisance is not
created.
(C) The location of receptacles and waste handling units for

REFUSE, recyclables, and returnables may not create a public
health HAZARD or nuisance or interfere with the cleaning of
adjacent space.
5-501.110 Storing Refuse, Recyclables, and

Returnables.
160
REFUSE, recyclables, and returnables shall be stored in
receptacles or waste handling units so that they are
inaccessible to insects and rodents.
operation and
maintenance
5-501.111 Areas, Enclosures, and Receptacles, Good

Repair.
Storage areas, enclosures, and receptacles for REFUSE,

recyclables, and returnables shall be maintained in good repair.
5-501.112 Outside Storage Prohibitions.
(A) Except as specified in ¶ (B) of this section, REFUSE

receptacles not meeting the requirements specified under
¶ 5-501.13(A) such as receptacles that are not rodent-resistant,
unprotected plastic bags and paper bags, or baled units that
contain materials with FOOD residue may not be stored outside.
(B) Cardboard or other packaging material that does not

contain FOOD residues and that is awaiting regularly scheduled
delivery to a recycling or disposal site may be stored outside
without being in a covered receptacle if it is stored so that it
does not create a rodent harborage problem.
5-501.113 Covering Receptacles.
Receptacles and waste handling units for REFUSE, recyclables,

and returnables shall be kept covered:
(A) Inside the FOOD ESTABLISHMENT if the receptacles and

units:
(1) Contain FOOD residue and are not in continuous use;

or
(2) After they are filled; and
(B) With tight-fitting lids or doors if kept outside the FOOD

ESTABLISHMENT.
5-501.114 Using Drain Plugs.
161
Drains in receptacles and waste handling units for REFUSE,
recyclables, and returnables shall have drain plugs in place.
5-501.115 Maintaining Refuse Areas and Enclosures.
A storage area and enclosure for REFUSE, recyclables, or

returnables shall be maintained free of unnecessary items, as
specified under § 6-501.114, and clean.
5-501.116 Cleaning Receptacles.
(A) Receptacles and waste handling units for REFUSE,

recyclables, and returnables shall be thoroughly cleaned in a
way that does not contaminate FOOD, EQUIPMENT, UTENSILS,
LINENS, or SINGLE-SERVICE and SINGLE-USE ARTICLES, and waste
water shall be disposed of as specified under § 5-402.13.
(B) Soiled receptacles and waste handling units for REFUSE,

recyclables, and returnables shall be cleaned at a frequency
necessary to prevent them from developing a buildup of soil or
becoming attractants for insects and rodents.
5-502.11 Frequency.
REFUSE, recyclables, and returnables shall be removed from

the PREMISES at a frequency that will minimize the development
of objectionable odors and other conditions that attract or
harbor insects and rodents.
Removal
5-502.12 Receptacles or Vehicles.
REFUSE, recyclables, and returnables shall be removed from

the PREMISES by way of:
(A) Portable receptacles that are constructed and

maintained according to LAW ; or
(B) A transport vehicle that is constructed, maintained, and

operated according to LAW .
162
Facilities for 5-503.11 Community or Individual Facility.
Disposal and
Recycling 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 .
163
Chapter
6 Physical Facilities
Parts

6-2 DESIGN, CONSTRUCTION, AND INSTALLATION
6-4 LOCATION AND PLACEMENT
Subparts
6-101 Indoor Areas

6-102 Outdoor Areas
Indoor Areas 6-101.11 Surface Characteristics.
(A) Except as specified in ¶ (B) of this section, materials for

indoor floor, wall, and ceiling surfaces under conditions of normal
use shall be:
(1) SMOOTH, durable, and EASILY CLEANABLE for areas where

FOOD ESTABLISHMENT operations are conducted;
(2) Closely woven and EASILY CLEANABLE carpet for carpeted

areas; and
(3) Nonabsorbent for areas subject to moisture such as FOOD

preparation areas, walk-in refrigerators, WAREWASHING areas,
toilet rooms, mobile FOOD ESTABLISHMENT SERVICING AREAS,
and areas subject to flushing or spray cleaning methods.
(B) In a TEMPORARY FOOD ESTABLISHMENT:
(1) If graded to drain, a floor may be concrete, machine-laid

asphalt, or dirt or gravel if it is covered with mats, removable
platforms, duckboards, or other APPROVED materials that are
effectively treated to control dust and mud; and
164
(2) Walls and ceilings may be constructed of a material that
protects the interior from the weather and windblown dust and
debris.
Outdoor Areas 6-102.11 Surface Characteristics.
(A) The outdoor walking and driving areas shall be surfaced with
concrete, asphalt, or gravel or other materials that have been
effectively treated to minimize dust, facilitate maintenance, and
prevent muddy conditions.
(B) Exterior surfaces of buildings and mobile FOOD

ESTABLISHMENTS shall be of weather-resistant materials and shall
comply with LAW .
(C) Outdoor storage areas for REFUSE, recyclables, or returnables

shall be of materials specified under §§ 5-501.11 and 5-501.12.
6-2 DESIGN, CONSTRUCTION, AND INSTALLATION
Subparts
6-201 Cleanability
6-202 Functionality
Cleanability 6-201.11 Floors, Walls, and Ceilings.
Except as specified under § 6-201.14 and except for antislip floor

coverings or applications that may be used for safety reasons,
floors, floor coverings, walls, wall coverings, and ceilings shall be
designed, constructed, and installed so they are SMOOTH and
EASILY CLEANABLE.
6-201.12 Floors, Walls, and Ceilings, Utility Lines.
(A) Utility service lines and pipes may not be unnecessarily

exposed.
(B) Exposed utility service lines and pipes shall be installed so

they do not obstruct or prevent cleaning of the floors, walls, or
ceilings.
165
(C) Exposed horizontal utility service lines and pipes may not be
installed on the floor.
6-201.13 Floor and Wall Junctures, Coved, and Enclosed

or Sealed.
(A) In FOOD ESTABLISHMENTS in which cleaning methods other

than water flushing are used for cleaning floors, the floor and wall
junctures shall be coved and closed to no larger than 1 mm (one
thirty-second inch).
(B) The floors in FOOD ESTABLISHMENTS in which water flush

cleaning methods are used shall be provided with drains and be
graded to drain, and the floor and wall junctures shall be coved
and SEALED.
6-201.14 Floor Carpeting, Restrictions and Installation.
(A) A floor covering such as carpeting or similar material may not

be installed as a floor covering in FOOD preparation areas, walk-in
refrigerators, WAREWASHING areas, toilet room areas where
handwashing lavatories, toilets, and urinals are located, REFUSE
storage rooms, or other areas where the floor is subject to
moisture, flushing, or spray cleaning methods.
(B) If carpeting is installed as a floor covering in areas other than

those specified under ¶ (A) of this section, it shall be:
(1) Securely attached to the floor with a durable mastic, by

using a stretch and tack method, or by another method; and
(2) Installed tightly against the wall under the coving or

installed away from the wall with a space between the carpet
and the wall and with the edges of the carpet secured by
metal stripping or some other means.
6-201.15 Floor Covering, Mats and Duckboards.
Mats and duckboards shall be designed to be removable and

EASILY CLEANABLE.
166
6-201.16 Wall and Ceiling Coverings and Coatings.
(A) Wall and ceiling covering materials shall be attached so that

they are EASILY CLEANABLE.
(B) Except in areas used only for dry storage, concrete, porous
blocks, or bricks used for indoor wall construction shall be
finished and SEALED to provide a SMOOTH, nonabsorbent, EASILY
CLEANABLE surface.
6-201.17 Walls and Ceilings, Attachments.
(A) Except as specified in ¶ (B) of this section, attachments to

walls and ceilings such as light fixtures, mechanical room
ventilation system components, vent covers, wall mounted fans,
decorative items, and other attachments shall be EASILY
CLEANABLE.
(B) In a CONSUMER area, wall and ceiling surfaces and decorative

items and attachments that are provided for ambiance need not
meet this requirement if they are kept clean.
6-201.18 Walls and Ceilings, Studs, Joists, and Rafters.
Except for TEMPORARY FOOD ESTABLISHMENTS, studs, joists, and

rafters may not be exposed in areas subject to moisture.
Functionality 6-202.11 Light Bulbs, Protective Shielding.
(A) Except as specified in ¶ (B) of this section, light bulbs shall be

shielded, coated, or otherwise shatter-resistant in areas where
there is exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS;
or unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
(B) Shielded, coated, or otherwise shatter-resistant bulbs need

not be used in areas used only for storing FOOD in unopened
packages, if:
(1) The integrity of the packages cannot be affected by

broken glass falling onto them; and
(2) The packages are capable of being cleaned of debris from

broken bulbs before the packages are opened.
167
(C) An infrared or other heat lamp shall be protected against
breakage by a shield surrounding and extending beyond the bulb
so that only the face of the bulb is exposed.
6-202.12 Heating, Ventilating, Air Conditioning System

Vents.
Heating, ventilating, and air conditioning systems shall be

designed and installed so that make-up air intake and exhaust
vents do not cause contamination of FOOD, FOOD-CONTACT
SURFACES, EQUIPMENT, or UTENSILS.
6-202.13 Insect Control Devices, Design and Installation.
(A) Insect control devices that are used to electrocute or stun

flying insects shall be designed to retain the insect within the
device.
(B) Insect control devices shall be installed so that:
(1) The devices are not located over a FOOD preparation area;
and
(2) Dead insects and insect fragments are prevented from

being impelled onto or falling on exposed FOOD; clean
EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-
6-202.14 Toilet Rooms, Enclosed.
Except where a toilet room is located outside a FOOD

ESTABLISHMENT and does not open directly into the FOOD
ESTABLISHMENT such as a toilet room that is provided by the
management of a shopping mall, a toilet room located on the
PREMISES shall be completely enclosed and provided with a tight-
fitting and self-closing door.
168
6-202.15 Outer Openings, Protected.
(A) Except as specified in ¶¶ (B), (C), and (E) and under ¶ (D) of
this section, outer openings of a FOOD ESTABLISHMENT shall be
protected against the entry of insects and rodents by:
(1) Filling or closing holes and other gaps along floors, walls,
and ceilings;
(2) Closed, tight-fitting windows; and
(3) Solid, self-closing, tight-fitting doors.
(B) Paragraph (A) of this section does not apply if a FOOD

ESTABLISHMENT opens into a larger structure, such as a mall,
airport, or office building, or into an attached structure, such as a
porch, and the outer openings from the larger or attached
structure are protected against the entry of insects and rodents.
(C) Exterior doors used as exits need not be self-closing if they

are:
(1) Solid and tight-fitting;
(2) Designated for use only when an emergency exists, by

the fire protection authority that has jurisdiction over the
FOOD ESTABLISHMENT; and
(3) Limited-use so they are not used for entrance or exit

from the building for purposes other than the designated
emergency exit use.
(D) Except as specified in ¶¶ (B) and (E) of this section, if the

windows or doors of a FOOD ESTABLISHMENT, or of a larger
structure within which a FOOD ESTABLISHMENT is located, are kept
open for ventilation or other purposes or a TEMPORARY FOOD
ESTABLISHMENT is not provided with windows and doors as
specified under ¶ (A) of this section, the openings shall be
protected against the entry of insects and rodents by:
(1) 16 mesh to 25.4 mm (16 mesh to 1 inch) screens;
(2) Properly designed and installed air curtains to control

flying insects; or
(3) Other effective means.
169
(E) Paragraph (D) of this section does not apply if flying insects
and other pests are absent due to the location of the
ESTABLISHMENT, the weather, or other limiting condition.
6-202.16 Exterior Walls and Roofs, Protective Barrier.
Perimeter walls and roofs of a FOOD ESTABLISHMENT shall

effectively protect the establishment from the weather and the
entry of insects, rodents, and other animals.
6-202.17
DELETED
6-202.18
DELETED
6-202.19 Outdoor Walking and Driving Surfaces, Graded

to Drain.
Exterior walking and driving surfaces shall be graded to drain.
6-202.110 Outdoor Refuse Areas, Curbed and Graded to

Drain.
Outdoor REFUSE areas shall be constructed in accordance with

LAW and shall be curbed and graded to drain to collect and
dispose of liquid waste that results from the REFUSE and from
cleaning the area and waste receptacles.
6-202.111 Private Homes and Living or Sleeping Quarters,

Use Prohibition.
A private home, a room used as living or sleeping quarters, or an

area directly opening into a room used as living or sleeping
quarters may not be used for conducting FOOD ESTABLISHMENT
operations. P
170
6-202.112 Living or Sleeping Quarters, Separation.
Living or sleeping quarters located on the PREMISES of a FOOD

ESTABLISHMENT such as those provided for lodging registration
clerks or resident managers shall be separated from rooms and
areas used for FOOD ESTABLISHMENT operations by complete
partitioning and solid self-closing doors.
Subparts
6-301 Handwashing Sinks

6-302 Toilets and Urinals
6-303 Lighting
6-304 Ventilation
6-305 Dressing Areas and Lockers
6-306 Service Sinks
Handwashing 6-301.10 Minimum Number.

Sinks
HANDWASHING SINKS shall be provided as specified under
§ 5-203.11.
6-301.11 Handwashing Cleanser, Availability.
Each HANDWASHING SINK or group of 2 adjacent HANDWASHING

SINKS shall be provided with a supply of hand cleaning liquid,
powder, or bar soap.Pf
6-301.12 Hand Drying Provision.
Each HANDWASHING SINK or group of adjacent HANDWASHING SINKS

shall be provided with:
(A) Individual, disposable towels; Pf
(B) A continuous towel system that supplies the user with a

clean towel; Pf or
171
(C) A heated-air hand drying device; Pf or
(D) A hand drying device that employs an air-knife system

that delivers high velocity, pressurized air at ambient
temperatures. Pf
6-301.13 Handwashing Aids and Devices, Use

Restrictions.
A sink used for FOOD preparation or UTENSIL washing, or a

service sink or curbed cleaning facility used for the disposal of
mop water or similar wastes, may not be provided with the
handwashing aids and devices required for a HANDWASHING SINK
as specified under §§ 6-301.11 and 6-301.12 and ¶ 5-501.16(C).
6-301.14 Handwashing Signage.
A sign or poster that notifies FOOD EMPLOYEES to wash their

hands shall be provided at all HANDWASHING SINKS used by FOOD
EMPLOYEES and shall be clearly visible to FOOD EMPLOYEES.
6-301.20 Disposable Towels, Waste Receptacle.
A HANDWASHING SINK or group of adjacent HANDWASHING SINKS

that is provided with disposable towels shall be provided with a
waste receptacle as specified under ¶ 5-501.16(C).
Toilets and Urinals 6-302.10 Minimum Number.
Toilets and urinals shall be provided as specified under

§ 5-203.12.
6-302.11 Toilet Tissue, Availability.
A supply of toilet tissue shall be available at each toilet. Pf
Lighting 6-303.11 Intensity.
The light intensity shall be:
172
(A) At least 108 lux (10 foot candles) at a distance of 75 cm
(30 inches) above the floor, in walk-in refrigeration units and
dry FOOD storage areas and in other areas and rooms during
periods of cleaning;
(B) At least 215 lux (20 foot candles):
(1) At a surface where FOOD is provided for CONSUMER

self-service such as buffets and salad bars or where fresh
produce or PACKAGED FOODS are sold or offered for
consumption,
(2) Inside EQUIPMENT such as reach-in and under-counter

refrigerators; and
(3) At a distance of 75 cm (30 inches) above the floor in

areas used for handwashing, WAREWASHING, and
EQUIPMENT and UTENSIL storage, and in toilet rooms; and
(C) At least 540 lux (50 foot candles) at a surface where a

FOOD EMPLOYEE is working with FOOD or working with UTENSILS
or EQUIPMENT such as knives, slicers, grinders, or saws where
EMPLOYEE safety is a factor.
Ventilation 6-304.11 Mechanical.
If necessary to keep rooms free of excessive heat, steam,

condensation, vapors, obnoxious odors, smoke, and fumes,
mechanical ventilation of sufficient capacity shall be provided.
Dressing Areas 6-305.11 Designation.

and Lockers
(A) Dressing rooms or dressing areas shall be designated if
EMPLOYEES routinely change their clothes in the establishment.
(B) Lockers or other suitable facilities shall be provided for the

orderly storage of EMPLOYEES' clothing and other possessions.
Service Sinks 6-306.10 Availability.
A service sink or curbed cleaning facility shall be provided as

specified under ¶ 5-203.13(A).
173
6-4 LOCATION AND PLACEMENT
Subparts
6-401 Handwashing Sinks

6-402 Toilet Rooms
6-403 Employee Accommodations
6-404 Distressed Merchandise
6-405 Refuse, Recyclables, and Returnables
Handwashing 6-401.10 Conveniently Located.

Sinks
HANDWASHING SINKS shall be conveniently located as specified
under § 5-204.11.
Toilet Rooms 6-402.11 Convenience and Accessibility.
Toilet rooms shall be conveniently located and accessible to

EMPLOYEES during all hours of operation.
Employee 6-403.11 Designated Areas.

Accommodations
(A) Areas designated for EMPLOYEES to eat, drink, and use
tobacco shall be located so that FOOD, EQUIPMENT, LINENS, and
SINGLE-SERVICE and SINGLE-USE ARTICLES are protected from
contamination.
(B) Lockers or other suitable facilities shall be located in a

designated room or area where contamination of FOOD,
EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-
USE ARTICLES can not occur.
Distressed 6-404.11 Segregation and Location.

Merchandise
Products that are held by the PERMIT HOLDER for credit,
redemption, or return to the distributor, such as damaged,
spoiled, or recalled products, shall be segregated and held in
designated areas that are separated from FOOD, EQUIPMENT,
Pf
174
Refuse, 6-405.10 Receptacles, Waste Handling Units, and
Recyclables, and Designated Storage Areas.
Returnables
Units, receptacles, and areas designated for storage of REFUSE
and recyclable and returnable containers shall be located as
specified under § 5-501.19.
Subpart
6-501 Premises, Structures, Attachments, and

Fixtures - Methods
Premises, 6-501.11 Repairing.

Structures,
Attachments, PHYSICAL FACILITIES shall be maintained in good repair.
and Fixtures
- Methods
6-501.12 Cleaning, Frequency and Restrictions.
(A) PHYSICAL FACILITIES shall be cleaned as often as necessary to

keep them clean.
(B) Except for cleaning that is necessary due to a spill or other

accident, cleaning shall be done during periods when the least
amount of FOOD is exposed such as after closing.
6-501.13 Cleaning Floors, Dustless Methods.
(A) Except as specified in ¶ (B) of this section, only dustless

methods of cleaning shall be used, such as wet cleaning,
vacuum cleaning, mopping with treated dust mops, or sweeping
using a broom and dust-arresting compounds.
(B) Spills or drippage on floors that occur between normal floor

cleaning times may be cleaned:
(1) Without the use of dust-arresting compounds; and
(2) In the case of liquid spills or drippage, with the use of a

small amount of absorbent compound such as sawdust or
175
diatomaceous earth applied immediately before spot
cleaning.
6-501.14 Cleaning Ventilation Systems, Nuisance and

Discharge Prohibition.
(A) Intake and exhaust air ducts shall be cleaned and filters
changed so they are not a source of contamination by dust, dirt,
and other materials.
(B) If vented to the outside, ventilation systems may not create a

public health HAZARD or nuisance or unLAWful discharge.
6-501.15 Cleaning Maintenance Tools, Preventing

Contamination.
FOOD preparation sinks, HANDWASHING SINKS, and WAREWASHING

EQUIPMENT may not be used for the cleaning of maintenance
tools, the preparation or holding of maintenance materials, or the
disposal of mop water and similar liquid wastes. Pf
6-501.16 Drying Mops.
After use, mops shall be placed in a position that allows them to

air-dry without soiling walls, EQUIPMENT, or supplies.
6-501.17 Absorbent Materials on Floors, Use Limitation.

Except as specified in ¶ 6-501.13(B), sawdust, wood shavings,
granular salt, baked clay, diatomaceous earth, or similar
materials may not be used on floors.
6-501.18 Cleaning of Plumbing Fixtures.
PLUMBING FIXTURES such as HANDWASHING SINKS, toilets, and

urinals shall be cleaned as often as necessary to keep them
clean.
6-501.19 Closing Toilet Room Doors.
Except during cleaning and maintenance operations, toilet room
176
doors as specified under § 6-202.14 shall be kept closed.
6-501.110 Using Dressing Rooms and Lockers.
(A) Dressing rooms shall be used by EMPLOYEES if the

EMPLOYEES regularly change their clothes in the establishment.
(B) Lockers or other suitable facilities shall be used for the

orderly storage of EMPLOYEE clothing and other possessions.
6-501.111 Controlling Pests.
The PREMISES shall be maintained free of insects, rodents, and

other pests. The presence of insects, rodents, and other pests
shall be controlled to eliminate their presence on the PREMISES
by:
(A) Routinely inspecting incoming shipments of FOOD and

supplies;
(B) Routinely inspecting the PREMISES for evidence of pests;
(C) Using methods, if pests are found, such as trapping

devices or other means of pest control as specified under
§§ 7-202.12, 7-206.12, and 7-206.13; Pf and
(D) Eliminating harborage conditions.
6-501.112 Removing Dead or Trapped Birds, Insects,

Rodents, and Other Pests.
Dead or trapped birds, insects, rodents, and other pests shall be

removed from control devices and the PREMISES at a frequency
that prevents their accumulation, decomposition, or the attraction
of pests.
6-501.113 Storing Maintenance Tools.
Maintenance tools such as brooms, mops, vacuum cleaners, and

similar items shall be:
(A) Stored so they do not contaminate FOOD, EQUIPMENT,
177
UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE
ARTICLES; and
(B) Stored in an orderly manner that facilitates cleaning the

area used for storing the maintenance tools.
6-501.114 Maintaining Premises, Unnecessary Items and

Litter.
The PREMISES shall be free of:
(A) Items that are unnecessary to the operation or

maintenance of the establishment such as EQUIPMENT that is
nonfunctional or no longer used; and
(B) Litter.
6-501.115 Prohibiting Animals.
(A) Except as specified in ¶¶ (B) and (C) of this section, live

animals may not be allowed on the PREMISES of a FOOD
Pf
ESTABLISHMENT.
(B) Live animals are allowed in the following situations if the

owner or operator does not permit animals to physically contact
FOOD, serving dishes, UTENSILS, tableware, LINENS, unwrapped
SINGLE-SERVICE and SINGLE-USE ARTICLES or other FOOD service
items that may result in contamination of FOOD or FOOD-CONTACT
SURFACES and does not permit animals to physically contact
EMPLOYEES engaged in the preparation or handling of FOOD:
(1) FISH or crustacea in aquariums or display tanks;
(2) Patrol dogs accompanying police or security officers in

offices and dining, sales, and storage areas; and sentry dogs
in outside fenced areas;
(3) SERVICE ANIMALS accompanying persons with disabilities in

areas that are not used for FOOD preparation;
178
(4) Dogs (Canis lupus familiaris) and cats (Felis catus) in
outdoor dining areas; provided that dogs and cats are
physically restrained, and do not pass through any indoor
areas of the FOOD ESTABLISHMENT. Except for SERVICE ANIMALS
described in Subparagraph (3) of this Paragraph, nothing in
this Rule prohibits a FOOD ESTABLISHMENT from prohibiting
dogs and cats in outdoor dining areas; and
(5) In areas that are not used for FOOD preparation, storage,
sales, display, or dining, in which there are caged animals or
animals that are similarly confined, such as in a variety store
that sells pets or a tourist park that displays animals.
(C) Live or dead FISH bait may be stored if contamination of

FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped
SINGLE-SERVICE and SINGLE-USE ARTICLES can not result.
179
Chapter
7 Poisonous or Toxic
Materials
Parts
7-1 LABELING AND IDENTIFICATION

7-2 OPERATIONAL SUPPLIES AND APPLICATIONS
7-3 STOCK AND RETAIL SALE
7-1 LABELING AND IDENTIFICATION
Subparts
7-101 Original Containers

7-102 Working Containers
Original 7-101.11 Identifying Information, Prominence.

Containers
Containers of POISONOUS OR TOXIC MATERIALS and PERSONAL CARE
Pf
ITEMS shall bear a legible manufacturer's label. Only those
pesticides that have been registered with the EPA and with the
N.C. Department of Agriculture and Consumer Services shall be
used. If the manufacturer’s label is missing from a pesticide
container, the container shall be identified with the
manufacturer’s product brand name, percentage of each active
ingredient, and EPA registration number.
Working 7-102.11 Common Name.

Containers
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
180
7-2 OPERATIONAL SUPPLIES AND APPLICATIONS
Subparts
7-201 Storage
7-202 Presence and Use
7-203 Container Prohibitions
7-204 Chemicals
7-205 Lubricants
7-206 Pesticides
7-207 Medicines
7-208 First Aid Supplies
7-209 Other Personal Care Items
Storage 7-201.11 Separation.
POISONOUS OR TOXIC MATERIALS shall be stored so they can not

contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-
SERVICE and SINGLE-USE ARTICLES by:
(A) Separating the POISONOUS OR TOXIC MATERIALS by spacing

or partitioning; P and
(B) Locating the POISONOUS OR TOXIC MATERIALS in an area

that is not above FOOD, EQUIPMENT, UTENSILS, LINENS, and
SINGLE-SERVICE or SINGLE-USE ARTICLES. This paragraph does
not apply to EQUIPMENT and UTENSIL cleaners and SANITIZERS
that are stored in WAREWASHING areas for availability and
convenience if the materials are stored to prevent
contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and
P
SINGLE-SERVICE and SINGLE-USE ARTICLES.
Presence and Use 7-202.11 Restriction.
(A) Only those POISONOUS OR TOXIC MATERIALS that are required

for the operation and maintenance of a FOOD ESTABLISHMENT,
such as for the cleaning and SANITIZING of EQUIPMENT and
UTENSILS and the control of insects and rodents, shall be allowed
in a FOOD ESTABLISHMENT. Pf
(B) Paragraph (A) of this section does not apply to PACKAGED

POISONOUS OR TOXIC MATERIALS that are for retail sale.
181
7-202.12 Conditions of Use.
POISONOUS OR TOXIC MATERIALS shall be:
(A) Used according to:
(1) LAW and this Code,
(2) Manufacturer's use directions included in labeling, and,

for a pesticide, manufacturer's label instructions that state
that use is allowed in a FOOD ESTABLISHMENT, P
(3) The conditions of certification, if certification is

required, for use of the pest control materials, P and
(4) Additional conditions that may be established by the

(B) Applied so that:
(1) A HAZARD to EMPLOYEES or other PERSONS is not

constituted, P and
(2) Contamination including toxic residues due to drip,

drain, fog, splash or spray on FOOD, EQUIPMENT, UTENSILS,
LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES is
prevented, and for a RESTRICTED USE PESTICIDE, this is
achieved by: P
(a) Removing the items, P
(b) Covering the items with impermeable covers, P or
(c) Taking other appropriate preventive actions, P and
(d) Cleaning and SANITIZING EQUIPMENT and UTENSILS

after the application. P
(C) A RESTRICTED USE PESTICIDE shall be applied only by an

applicator certified as defined in 7 USC 136 Definitions, (e)
Certified Applicator, of the Federal Insecticide, Fungicide, and
Rodenticide Act, or a PERSON under the direct supervision of
a certified applicator. Pf
182
Container 7-203.11 Poisonous or Toxic Material Containers.
Prohibitions
A container previously used to store POISONOUS OR TOXIC
MATERIALS may not be used to store, transport, or dispense
P
FOOD. SANITIZING solutions shall not be stored in or dispensed
from containers previously containing other POISONOUS OR TOXIC
MATERIALS.
Chemicals 7-204.11 Sanitizers, Criteria.
Chemical SANITIZERS and other chemical antimicrobials applied to

FOOD-CONTACT SURFACEs shall meet the requirements specified in
40 CFR 180.940 Tolerance exemptions for active and inert
ingredients for use in antimicrobial formulations (food-contact
surface sanitizing solutions). P
7-204.12 Chemicals for Washing, Treatment, Storage

and Processing Fruits and Vegetables, Criteria.
(A) Chemicals used to wash or peel raw, whole fruits and

vegetables shall meet the requirements specified in 21 CFR
173.315 Chemicals used in washing or to assist in the peeling of
fruits and vegetables. P
(B) Ozone as an antimicrobial agent used in the treatment,

storage, and processing of fruits and vegetables in a food
establishment shall meet the requirements specified in 21 CFR
173.368 Ozone.
7-204.13 Boiler Water Additives, Criteria.
Chemicals used as boiler water ADDITIVES shall meet the

requirements specified in 21 CFR 173.310 Boiler water
additives. P
7-204.14 Drying Agents, Criteria.
Drying agents used in conjunction with SANITIZATION shall:
(A) Contain only components that are listed as one of the

following:
183
(1) Generally recognized as safe for use in FOOD as
specified in 21 CFR 182 - Substances Generally
Recognized as Safe, or 21 CFR 184 - Direct Food
Substances Affirmed as Generally Recognized as Safe, P
(2) Generally recognized as safe for the intended use as

specified in 21 CFR 186 - Indirect Food Substances
Affirmed as Generally Recognized as Safe, P
(3) APPROVED for use as a drying agent under a prior

sanction specified in 21 CFR 181 - Prior-Sanctioned Food
Ingredients, P
(4) Specifically regulated as an indirect FOOD ADDITIVE for

use as a drying agent as specified in 21 CFR Parts
175-178, P or
(5) APPROVED for use as a drying agent under the

threshold of regulation process established by 21 CFR
170.39 Threshold of regulation for substances used in
food-contact articles; P and
(B) When SANITIZATION is with chemicals, the approval

required under Subparagraph (A)(3) or (A)(5) of this section
or the regulation as an indirect FOOD ADDITIVE required under
Subparagraph (A)(4) of this section, shall be specifically for
use with chemical SANITIZING solutions. P
Lubricants 7-205.11 Incidental Food Contact, Criteria.
Lubricants shall meet the requirements specified in 21 CFR

178.3570 Lubricants with incidental food contact, if they are used
on FOOD-CONTACT SURFACES, on bearings and gears located on
or within FOOD-CONTACT SURFACES, or on bearings and gears that
are located so that lubricants may leak, drip, or be forced into
P
FOOD or onto FOOD-CONTACT SURFACES.
Pesticides 7-206.11 Restricted Use Pesticides, Criteria.
RESTRICTED USE PESTICIDES specified under ¶ 7-202.12(C) shall

meet the requirements specified in 40 CFR 152 Subpart I -
Classification of Pesticides. P
184
7-206.12 Rodent Bait Stations.
Rodent bait shall be contained in a covered, tamper-resistant bait

station. P
7-206.13 Tracking Powders, Pest Control and

Monitoring.
(A) Except as specified in ¶ (B) of this section, a tracking powder

pesticide may not be used in a FOOD ESTABLISHMENT. P
(B) If used, a nontoxic tracking powder such as talcum or flour

may not contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and
Medicines 7-207.11 Restriction and Storage.
(A) Except for medicines that are stored or displayed for retail
sale, only those medicines that are necessary for the health of
Pf
EMPLOYEES shall be allowed in a FOOD ESTABLISHMENT.
(B) Medicines that are in a FOOD ESTABLISHMENT for the

EMPLOYEES' use shall be labeled as specified under § 7-101.11
and located to prevent the contamination of FOOD, EQUIPMENT,
P
7-207.12 Refrigerated Medicines, Storage.
Medicines belonging to EMPLOYEES or to children in a day care

center that require refrigeration and are stored in a FOOD
refrigerator shall be:
(A) Stored in a package or container and kept inside a

covered, leakproof container that is identified as a container
for the storage of medicines; P and
(B) Located so they are inaccessible to children. P
First Aid Supplies 7-208.11 Storage.
First aid supplies that are in a FOOD ESTABLISHMENT for the

EMPLOYEES' use shall be:
185
(A) Labeled as specified under § 7-101.11; Pf and
(B) Stored in a kit or a container that is located to prevent the

contamination of FOOD, EQUIPMENT, UTENSILS, and LINENS, and
P
Other Personal 7-209.11 Storage.

Care Items
Except as specified under §§ 7-207.12 and 7-208.11, EMPLOYEES
shall store their PERSONAL CARE ITEMS in facilities as specified
under ¶ 6-305.11(B).
7-3 STOCK AND RETAIL SALE
Subpart
7-301 Storage and Display
Storage and 7-301.11 Separation.

Display
POISONOUS or TOXIC MATERIALS shall be stored and displayed for
retail sale so they can not contaminate FOOD, EQUIPMENT, UTENSILS,
LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES by:
(A) Separating the POISONOUS or TOXIC MATERIALS by spacing or

partitioning; P and
(B) Locating the POISONOUS OR TOXIC MATERIALS in an area that is

not above FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-
P
SERVICE or SINGLE-USE ARTICLES.
186
Chapter
8 Compliance and
Enforcement
Parts
8-1 CODE APPLICABILITY

8-2 PLAN SUBMISSION AND APPROVAL
8-3 PERMIT TO OPERATE
8-4 INSPECTION AND CORRECTION OF VIOLATIONS
8-5 PREVENTION OF FOODBORNE DISEASE TRANSMISSION BY
EMPLOYEES
8-1 CODE APPLICABILITY
Subparts
8-101 Use for Intended Purpose

8-102 Additional Requirements
8-103 Variances
Use for 8-101.10 Public Health Protection.

Intended
Purpose (A) The REGULATORY AUTHORITY shall apply this Code to
promote its underlying purpose, as specified in § 1-102.10, of
safeguarding public health and ensuring that FOOD is safe,
unADULTERATED, and honestly presented when offered to the
CONSUMER.
(B) In enforcing the provisions of this Code, the REGULATORY

AUTHORITY shall assess existing facilities or EQUIPMENT that
were in use before the effective date of this Code based on the
following considerations:
(1) Whether the facilities or EQUIPMENT are in good repair

and capable of being maintained in a sanitary condition;
187
(2) Whether FOOD-CONTACT SURFACES comply with Subpart
4-101;
(3) Whether the capacities of cooling, heating, and holding

EQUIPMENT are sufficient to comply with § 4-301.11; and
(4) The existence of a documented agreement with the

PERMIT HOLDER that the facilities or EQUIPMENT will be
replaced as specified under ¶ 8-304.11(G).
Additional 8-102.10 Preventing Health Hazards, Provision for

Requirements Conditions Not Addressed.
(A) If necessary to protect against public health HAZARDS or

nuisances, the REGULATORY AUTHORITY may impose specific
requirements in addition to the requirements contained in this
Code that are authorized by LAW .
(B) The REGULATORY AUTHORITY shall document the conditions

that necessitate the imposition of additional requirements and
the underlying public health rationale. The documentation
shall be provided to the PERMIT applicant or PERMIT HOLDER and
a copy shall be maintained in the REGULATORY AUTHORITY’S file
for the FOOD ESTABLISHMENT.
Variances 8-103.10 Modifications and Waivers.
The REGULATORY AUTHORITY may grant a VARIANCE by

modifying or waiving the requirements of this Code if in the
opinion of the REGULATORY AUTHORITY a health HAZARD or
nuisance will not result from the VARIANCE. If a VARIANCE is
granted, the REGULATORY AUTHORITY shall retain the information
specified under § 8-103.11 in its records for the FOOD
ESTABLISHMENT. VARIANCE requests shall be submitted to a
committee including a FOOD scientist and representatives from
industry and state and local public health agencies appointed
by the DEPARTMENT.
8-103.11 Documentation of Proposed Variance and

Justification.
Before a VARIANCE from a requirement of this Code is

APPROVED, the information that shall be provided by the
188
PERSON requesting the VARIANCE and retained in the
REGULATORY AUTHORITY'S file on the FOOD ESTABLISHMENT
includes:
(A) A statement of the proposed VARIANCE of the Code

requirement citing relevant Code section numbers;Pf
(B) An analysis of the rationale for how the potential public

health HAZARDS and nuisances addressed by the relevant
Code sections will be alternatively addressed by the
proposal; Pf and
(C) A HACCP PLAN if required as specified under

¶ 8-201.13(A) that includes the information specified under
§ 8-201.14 as it is relevant to the VARIANCE requested. Pf
8-103.12 Conformance with Approved Procedures.
If the REGULATORY AUTHORITY grants a VARIANCE as specified in

§ 8-103.10, or a HACCP PLAN is otherwise required as
specified under § 8-201.13, the PERMIT HOLDER shall:
(A) Comply with the HACCP PLANs and procedures that

are submitted as specified under § 8-201.14 and APPROVED
as a basis for the modification or waiver; P and
(B) Maintain and provide to the REGULATORY AUTHORITY,

upon request, records specified under ¶¶ 8-201.14(D) and
(E) that demonstrate that the following are routinely
employed;
(1) Procedures for monitoring the CRITICAL CONTROL

Pf
POINTS,
(2) Monitoring of the CRITICAL CONTROL POINTS, Pf
(3) Verification of the effectiveness of the operation or

process, Pf and
(4) Necessary corrective actions if there is failure at a

Pf
CRITICAL CONTROL POINT.
189
8-2 PLAN SUBMISSION AND APPROVAL
Subparts
8-201 Facility and Operating Plans

8-202 Confidentiality
8-203 Construction Inspection and Approval
Facility and 8-201.11 When Plans Are Required.

Operating Plans
Plans drawn to scale for franchised or chain FOOD
ESTABLISHMENTS shall be submitted for review and approval to
the Environmental Health Services Branch, N.C. Division of
Public Health. Plans drawn to scale for independent FOOD
ESTABLISHMENTS shall be submitted for review and approval to
the local health department. A PERMIT applicant or PERMIT
HOLDER shall submit to the REGULATORY AUTHORITY properly
prepared plans and specifications for review and approval
before:
(A) The construction of a FOOD ESTABLISHMENT; Pf
(B) The conversion of an existing structure for use as a

Pf
FOOD ESTABLISHMENT; or
(C) The remodeling of a FOOD ESTABLISHMENT or a change

of type of FOOD ESTABLISHMENT or FOOD operation as
specified under ¶ 8-302.14(C) if the REGULATORY
AUTHORITY determines that plans and specifications are
necessary to ensure compliance with this Code. Pf
8-201.12 Contents of the Plans and Specifications.
The plans and specifications for a FOOD ESTABLISHMENT,

including a FOOD ESTABLISHMENT specified under § 8-201.13,
shall include, as required by the REGULATORY AUTHORITY based
on the type of operation, type of FOOD preparation, and FOODS
prepared, the following information to demonstrate
conformance with Code provisions:
190
(A) Intended menu and plan review application;
(B) Anticipated volume of FOOD to be stored, prepared,

and sold or served;
(C) Proposed layout, mechanical schematics, construction

materials, and finish schedules;
(D) Proposed EQUIPMENT types, manufacturers, model

numbers, locations, dimensions, performance capacities,
and installation specifications;
(E) Evidence that standard procedures that ensure

compliance with the requirements of this Code are
developed or are being developed; and
(F) Other information that may be required by the

REGULATORY AUTHORITY for the proper review of the
proposed construction, conversion or modification, and
procedures for operating a FOOD ESTABLISHMENT.
8-201.13 When a HACCP Plan is Required.
(A) Before engaging in an activity that requires a HACCP

PLAN, a PERMIT applicant or PERMIT HOLDER shall submit to the
REGULATORY AUTHORITY for approval a properly prepared
HACCP PLAN as specified under § 8-201.14 and the relevant
provisions of this Code if:
(1) Submission of a HACCP PLAN is required according to

LAW ;
(2) A VARIANCE is required as specified under

Subparagraph 3-401.11(D)(4), § 3-502.11, or
¶ 4-204.110(B);
(3) The REGULATORY AUTHORITY determines that a FOOD

preparation or processing method requires a VARIANCE
based on a plan submittal specified under § 8-201.12, an
inspectional finding, or a VARIANCE request.
(B) A PERMIT applicant or PERMIT HOLDER shall have a properly

prepared HACCP PLAN as specified under § 3-502.12.
191
8-201.14 Contents of a HACCP Plan.
For a FOOD ESTABLISHMENT that is required under § 8-201.13

to have a HACCP PLAN, the plan and specifications shall
indicate:
(A) A categorization of the types of POTENTIALLY

HAZARDOUS FOODS (TIME/TEMPERATURE CONTROL FOR SAFETY
FOODS) that are specified in the menu such as soups and
sauces, salads, and bulk, solid FOODS such as MEAT roasts,
or of other FOODS that are specified by the REGULATORY
Pf
AUTHORITY;
(B) A flow diagram by specific FOOD or category type

identifying CRITICAL CONTROL POINTS and providing
information on the following:
(1) Ingredients, materials, and EQUIPMENT used in the

preparation of that FOOD, Pf and
(2) Formulations or recipes that delineate methods and

procedural control measures that address the FOOD
safety concerns involved; Pf
(C) FOOD EMPLOYEE and supervisory training plan that

addresses the FOOD safety issues of concern; Pf
(D) A statement of standard operating procedures for the

plan under consideration including clearly identifying:
(1) Each CRITICAL CONTROL POINT, Pf
(2) The CRITICAL LIMITS for each CRITICAL CONTROL

Pf
POINT,
(3) The method and frequency for monitoring and

controlling each CRITICAL CONTROL POINT by the FOOD
Pf
EMPLOYEE designated by the PERSON IN CHARGE,
(4) The method and frequency for the PERSON IN

CHARGE to routinely verify that the FOOD EMPLOYEE is
following standard operating procedures and
monitoring CRITICAL CONTROL POINTS, Pf
192
(5) Action to be taken by the PERSON IN CHARGE if the
CRITICAL LIMITS for each CRITICAL CONTROL POINT are not
met, Pf and
(6) Records to be maintained by the PERSON IN CHARGE

to demonstrate that the HACCP PLAN is properly
operated and managed; Pf and
(E) Additional scientific data or other information, as

required by the REGULATORY AUTHORITY, supporting the
determination that FOOD safety is not compromised by the
proposal. Pf
Confidentiality 8-202.10 Trade Secrets.
The REGULATORY AUTHORITY shall treat as confidential in

accordance with LAW , information that meets the criteria
specified in LAW for a trade secret and is contained on
inspection report forms and in the plans and specifications
submitted as specified under §§ 8-201.12 and 8-201.14.
Construction 8-203.10 Preoperational Inspections.

Inspection and
Approval The REGULATORY AUTHORITY shall 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 ¶ 8-201.12(E), and is in compliance with LAW
and this Code.
8-3 PERMIT TO OPERATE
Subparts
8-301 Requirement
8-302 Application Procedure
8-303 Issuance
8-304 Conditions of Retention
Requirement 8-301.11 Prerequisite for Operation.
193
A PERSON may not operate a FOOD ESTABLISHMENT without a
valid PERMIT to operate issued by the REGULATORY
Pf
AUTHORITY.
Application 8-302.11 Submission 30 Calendar Days Before

Procedure Proposed Opening.
An applicant shall submit an application for a PERMIT at least

30 calendar days before the date planned for opening a FOOD
ESTABLISHMENT or the expiration date of the current PERMIT for
an existing facility.
8-302.12 Form of Submission.
A PERSON desiring to operate a FOOD ESTABLISHMENT shall

submit to the REGULATORY AUTHORITY a written application for
a PERMIT on a form provided by the REGULATORY AUTHORITY.
8-302.13 Qualifications and Responsibilities of

Applicants.
To qualify for a PERMIT, an applicant shall:
(A) Be an owner of the FOOD ESTABLISHMENT or an officer of

the legal ownership;
(B) Comply with the requirements of this Code;
(C) As specified under § 8-402.11, agree to allow access

to the FOOD ESTABLISHMENT and to provide required
information; and
(D) Pay the applicable PERMIT fees at the time the

application is submitted.
8-302.14 Contents of the Application.
The application shall include:
(A) The name, birth date, mailing address, telephone

number, and signature of the PERSON applying for the
PERMIT and the name, mailing address, and location of the
194
FOOD ESTABLISHMENT;
(B) Information specifying whether the FOOD

ESTABLISHMENT is owned by an association, corporation,
individual, partnership, or other legal entity;
(C) A statement specifying whether the FOOD

ESTABLISHMENT:
(1) Is mobile or stationary and temporary or permanent,

and
(2) Is an operation that includes one or more of the

following:
(a) Prepares, offers for sale, or serves POTENTIALLY

HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR
SAFETY FOOD):
(i) Only to order upon a CONSUMER'S request,
(ii) In advance in quantities based on projected

CONSUMER demand and discards FOOD that is not
sold or served at an APPROVED frequency, or
(iii) Using time as the public health control as

specified under § 3-501.19,
(b) Prepares POTENTIALLY HAZARDOUS FOOD

(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) in
advance using a FOOD preparation method that
involves two or more steps which may include
combining POTENTIALLY HAZARDOUS
(TIME/TEMPERATURE CONTROL FOR SAFETY FOOD)
ingredients; cooking; cooling; reheating; hot or cold
holding; freezing; or thawing,
(c) Prepares FOOD as specified under Subparagraph

(C)(2)(b) of this section for delivery to and
consumption at a location off the PREMISES of the
FOOD ESTABLISHMENT where it is prepared,
(d) Prepares FOOD as specified under

Subparagraph (C)(2)(b) of this section for service to
a HIGHLY SUSCEPTIBLE POPULATION,
195
(e) Prepares only FOOD that is not POTENTIALLY
HAZARDOUS (TIME/TEMPERATURE CONTROL OF SAFETY
FOOD), or
(f) Does not prepare, but offers for sale only

prePACKAGED FOOD that is not POTENTIALLY
HAZARDOUS (TIME/TEMPERATURE CONTROL FOR SAFETY
FOOD);
(D) The name, title, address, and telephone number of the

PERSON directly responsible for the FOOD ESTABLISHMENT;
(E) The name, title, address, and telephone number of the

PERSON who functions as the immediate supervisor of the
PERSON specified under ¶ (D) of this section such as the
zone, district, or regional supervisor;
(F) The names, titles, and addresses of:
(1) The PERSONS comprising the legal ownership as

specified under ¶ (B) of this section including the
owners and officers, and
(2) The local resident agent if one is required based on

the type of legal ownership;
(G) A statement signed by the applicant that attests to the

accuracy of the information provided in the application.
(1) DELETED
(2) DELETED
(H) Other information required by the REGULATORY

AUTHORITY.
Issuance 8-303.10 New, Converted, or Remodeled

Establishments.
For FOOD ESTABLISHMENTS that are required to submit plans as

specified under § 8-201.11 the REGULATORY AUTHORITY shall
issue a PERMIT to the applicant after:
(A) A properly completed application is submitted;
196
(B) The required fee is submitted;
(C) The required plans, specifications, and information are

reviewed and APPROVED; and
(D) A preoperational inspection as specified in § 8-203.10

shows that the establishment is built or remodeled in
accordance with the APPROVED plans and specifications
and that the establishment is in compliance with this Code.
8-303.20 Existing Establishments and Change of

Ownership.
As applicable, the REGULATORY AUTHORITY may issue a PERMIT

in accordance with 15A NCAC 18A .2659, to a new owner of
an existing FOOD ESTABLISHMENT after an application is
submitted, reviewed, and approved, and an inspection shows
that the establishment is in compliance with this Code. If the
establishment is not in compliance with the Code, a
TRANSITIONAL PERMIT may be issued in accordance with G.S.
130A-248(b) and (c) and Rule .2659(b).
8-303.30 Denial of Application for Permit, Notice.
If an application for a PERMIT to operate is denied, the

REGULATORY AUTHORITY shall provide the applicant with a
notice that includes:
(A) The specific reasons and Code citations for the PERMIT
denial;
(B) The actions, if any, that the applicant must take to

qualify for a PERMIT; and
(C) Advisement of the applicant's right of appeal and the

process and time frames for appeal that are provided in
LAW .
Conditions of 8-304.10
Retention
DELETED
197
8-304.11 Responsibilities of the Permit Holder.
Upon acceptance of the PERMIT issued by the REGULATORY

AUTHORITY, the PERMIT HOLDER in order to retain the PERMIT
shall:
(A) DELETED
(B) Comply with the provisions of this Code including the

conditions of a granted VARIANCE as specified under
§ 8-103.12, and APPROVED plans as specified under
§ 8-201.12;
(C) If a FOOD ESTABLISHMENT is required under § 8-201.13

to operate under a HACCP PLAN, comply with the plan as
specified under § 8-103.12;
(D) Immediately contact the REGULATORY AUTHORITY to

report an illness of a FOOD EMPLOYEE or CONDITIONAL
EMPLOYEE as specified under ¶ 2-201.11(B);
(E) Immediately discontinue operations and notify the

REGULATORY AUTHORITY if an IMMINENT HEALTH HAZARD may
exist as specified under § 8-404.11;
(F) Allow representatives of the REGULATORY AUTHORITY

access to the FOOD ESTABLISHMENT as specified under
§ 8-402.11;
(G) Replace existing facilities and EQUIPMENT specified in

§ 8-101.10 with facilities and EQUIPMENT that comply with
this Code if:
(1) The REGULATORY AUTHORITY directs the replacement

because the facilities and EQUIPMENT constitute a
public health HAZARD or nuisance or no longer comply
with the criteria upon which the facilities and
EQUIPMENT were accepted,
(2) The REGULATORY AUTHORITY directs the replacement

of the facilities and EQUIPMENT because of a change of
ownership, or
(3) The facilities and EQUIPMENT are replaced in the

normal course of operation;
198
(H) Comply with directives of the REGULATORY AUTHORITY
including time frames for corrective actions specified in
inspection reports, notices, orders, warnings, and other
directives issued by the REGULATORY AUTHORITY in regard
to the PERMIT HOLDER'S FOOD ESTABLISHMENT or in
response to community emergencies;
(I) Accept notices issued and served by the REGULATORY

AUTHORITY according to LAW ; and
(J) Be subject to the administrative, civil, injunctive, and

criminal remedies authorized in LAW for failure to comply
with this Code or a directive of the REGULATORY AUTHORITY,
including time frames for corrective actions specified in
inspection reports, notices, orders, warnings, and other
directives.
8-304.20
DELETED
8-4 INSPECTION AND CORRECTION OF VIOLATIONS
Subparts
8-401 Frequency
8-402 Competency and Access
8-403 Report of Findings
8-404 Imminent Health Hazard
8-405 Priority Item or Priority Foundation Item
Violation
8-406 Core Item Violation
Frequency 8-401.10 Establishing Inspection Interval.
The REGULATORY AUTHORITY shall inspect a FOOD

ESTABLISHMENT in accordance with 10A NCAC 46 .0213.
(B) DELETED
(C) DELETED
199
8-401.20
DELETED
8-402.10
DELETED
Access 8-402.11 Allowed at Reasonable Times after Due

Notice.
After the REGULATORY AUTHORITY presents official credentials

and provides notice of the purpose of, and an intent to
conduct, an inspection, the PERSON IN CHARGE shall allow the
REGULATORY AUTHORITY to determine if the FOOD
ESTABLISHMENT is in compliance with this Code by allowing
access to the establishment, allowing inspection, and
providing information and records specified in this Code and
to which the REGULATORY AUTHORITY is entitled according to
LAW , during the FOOD ESTABLISHMENT'S hours of operation and
other reasonable times.
8-402.20 Refusal, Notification of Right to Access,

and Final Request for Access.
If a PERSON denies access to the REGULATORY AUTHORITY, the

REGULATORY AUTHORITY shall:
(A) Inform the PERSON that:
(1) The PERMIT HOLDER shall allow access to the

REGULATORY AUTHORITY as specified under
Section 8-402.11 of the Code and G.S. 130A-17 and
130A-249.
(2) Access is a condition of the acceptance and

retention of a FOOD ESTABLISHMENT PERMIT to operate
as specified under ¶ 8-304.11(F), and
(3) If access is denied, an administrative warrant may

be obtained according to G.S. 15-27.2.
(B) Make a final request for access.
200
8-402.30 Refusal, Reporting.
If after the REGULATORY AUTHORITY presents credentials and

provides notice as specified under § 8-402.11, explains the
authority upon which access is requested, and makes a final
request for access as specified in § 8-402.20, the PERSON IN
CHARGE continues to REFUSE access, the REGULATORY
AUTHORITY shall provide details of the denial of access on an
inspection report form.
8-402.40 Administrative Warrant to Gain Access.
If denied access to a FOOD ESTABLISHMENT for an authorized

purpose and after complying with Section 8-402.20 of the
Food Code as amended by Rule .2658, the REGULATORY
AUTHORITY may issue, or apply for the issuance of, an
administrative warrant to gain access as provided by G.S. 15-
27.2.
Report of 8-403.10 Documenting Information and

Findings Observations.
The REGULATORY AUTHORITY shall document on an inspection

report form:
(A) Administrative information about the FOOD

ESTABLISHMENT'S legal identity, street and mailing
addresses, type of establishment and operation as
specified under ¶ 8-302.14(C), inspection date, and other
information such as type of water supply and SEWAGE
disposal, status of the PERMIT, and personnel certificates
that may be required; and
(B) Specific factual observations of violative conditions or

other deviations from this Code that require correction by
the PERMIT HOLDER including:
(1) Failure of the PERSON IN CHARGE to demonstrate the

knowledge of foodborne illness prevention, application
of HACCP principles, and the requirements of this
Code as specified under § 2-102.11,
201
(2) Failure of FOOD EMPLOYEES, CONDITIONAL
EMPLOYEES, and the PERSON IN CHARGE to report a
disease or medical condition as specified under
¶¶ 2-201.11(B) and (D),
(3) Nonconformance with PRIORITY ITEMS OR PRIORITY

FOUNDATION ITEMS of this Code,
(4) Failure of the appropriate FOOD EMPLOYEES to

demonstrate their knowledge of, and ability to perform
in accordance with, the procedural, monitoring,
verification, and corrective action practices required by
the REGULATORY AUTHORITY as specified under
§ 8-103.12,
(5) Failure of the PERSON IN CHARGE to provide records

required by the REGULATORY AUTHORITY for determining
conformance with a HACCP PLAN as specified under
Subparagraph 8-201.14(D)(6), and
(6) Nonconformance with CRITICAL LIMITS of a HACCP

PLAN.
8-403.20 Specifying Time Frame for Corrections.
The REGULATORY AUTHORITY shall specify on the inspection

report form the time frame for correction of the violations as
specified under §§ 8-404.11 and 8-405.11.
8-403.30 Issuing Report and Obtaining

Acknowledgment of Receipt.
At the conclusion of the inspection and according to LAW, the

REGULATORY AUTHORITY shall provide a copy of the completed
inspection report and the notice to correct violations to the
PERMIT HOLDER or to the PERSON IN CHARGE, and request a
signed acknowledgment of receipt.
8-403.40 Refusal to Sign Acknowledgment.
The REGULATORY AUTHORITY shall:
(A) Inform a PERSON who declines to sign an
202
acknowledgment of receipt of inspectional findings as
specified in § 8-403.30 that:
(1) An acknowledgment of receipt is not an agreement

with findings,
(2) Refusal to sign an acknowledgment of receipt will

not affect the PERMIT HOLDER'S obligation to correct the
violations noted in the inspection report within the time
frames specified, and
(3) A refusal to sign an acknowledgment of receipt is

noted in the inspection report and conveyed to the
REGULATORY AUTHORITY'S historical record for the FOOD
ESTABLISHMENT; and
(B) Make a final request that the PERSON IN CHARGE sign an

acknowledgment receipt of inspectional findings.
8-403.50 Public Information.
Except as specified in § 8-202.10, the REGULATORY AUTHORITY

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 .
Imminent Health 8-404.11 Ceasing Operations and Reporting.

Hazard
(A) Except as specified in ¶ (B) of this section, a PERMIT
HOLDER shall immediately discontinue operations and notify
the REGULATORY AUTHORITY if an IMMINENT HEALTH HAZARD may
exist because of an emergency such as a fire, flood, extended
interruption of electrical or water service, SEWAGE backup,
misuse of POISONOUS OR TOXIC MATERIALS, onset of an
apparent foodborne illness outbreak, gross insanitary
occurrence or condition, or other circumstance that may
endanger public health. P
(B) A PERMIT HOLDER need not discontinue operations in an

area of an establishment that is unaffected by the IMMINENT
HEALTH HAZARD.
8-404.12 Resumption of Operations.
203
If operations are discontinued as specified under § 8-404.11
or otherwise according to LAW, the PERMIT HOLDER shall obtain
approval from the REGULATORY AUTHORITY before resuming
operations.
Violation of 8-405.11 Timely Correction.

Priority Item or
Priority (A) Except as specified in ¶ (B) of this section, a PERMIT
Foundation Item HOLDER shall at the time of inspection correct a violation of a
PRIORITY ITEM OR PRIORITY FOUNDATION ITEM of this Code and
implement corrective actions for a HACCP PLAN provision that
is not in compliance with its CRITICAL LIMIT. Pf
(B) Considering the nature of the potential HAZARD involved

and the complexity of the corrective action needed, the
REGULATORY AUTHORITY may agree to or specify a longer time
frame, not to exceed 10 calendar days after the inspection, for
the PERMIT HOLDER to correct violations of a PRIORITY ITEM OR
PRIORITY FOUNDATION ITEM or HACCP PLAN deviations.
8-405.20 Verification and Documentation of

Correction.
(A) After observing at the time of inspection a correction of a

violation of a PRIORITY ITEM or PRIORITY FOUNDATION ITEM or a
HACCP PLAN deviation, the REGULATORY AUTHORITY shall enter
the violation and information about the corrective action on the
inspection report.
(B) As specified under ¶ 8-405.11(B), after receiving

notification that the PERMIT HOLDER has corrected a violation of
a PRIORITY ITEM OR PRIORITY FOUNDATION ITEM or HACCP PLAN
deviation, or at the end of the specified period of time, the
REGULATORY AUTHORITY shall verify correction of the violation,
document the information on an inspection report, and enter
the report in the REGULATORY AUTHORITY'S records.
Core Item 8-406.11

Violation
DELETED
204
8-5 PREVENTION OF FOODBORNE DISEASE TRANSMISSION BY
EMPLOYEES
Subpart
8-501 Investigation and Control
Investigation
and Control
DELETED
205
INDEX
a w, definition, 3 information required, 194-196
Access qualifications, 194
administrative warrant, 200-201 Applicant, responsibility to report illness, 198-199
allowed after due notice, 200 Application for operating permit
notification of right, 200 procedure, 194-196
owner agreement, 200 Application of Code
refusal, 201 prevention of health hazards, 188
Accuracy, 109-110 public health protection, 187-188
Acidity. See pH, 14 Approved, definition, 2
Accreditation Area
definition, 2 adjacent to easily movable equipment, 6
equipment certification program, 117 behind kickplates, 109
manager certification program, 26 consumer eating and drinking, 142,167
Additive, food and color consumer shopping, 122, 160, 167
definition, 2 designated for eating, drinking, and tobacco
food upon receipt, 54 use, 46, 174
limitations, 91, 183-184 dining, 142, 178-179
sulfites, 65 distressed merchandise, 174
unapproved, protection from, 65 dressing, 173, 177
Adulterated driving, 165, 170
definition, 2 dry storage, 167
food condition, 48 exposed, 167
Air-drying food preparation, 164-168, 178-179
equipment and utensils, 140 handwashing, sink, 149-150, 166
wiping cloths, locations, 140 indoor, construction material, 164-165
Air filtration, 154 light intensity by, 172-173
Air gap. See Backflow Prevention, Plumbing System living, 171
Air temperature, 83, 113-114 outdoor, construction materials, 165
See also Ambient temperature measuring outside fenced, 178
devices poisonous or toxic materials, 180-185
Aisles in work spaces. See Spacing prohibited food storage, 70-71
Alkalinity. See pH protected for tank vent, 153
Allergen. refuse, 158, 160, 162, 170
Latex, see Major food allergen requiring drip-free ventilation, 110
Alligator. See Fish self-service, 28
Ambient temperature measuring devices, 110 separate, for raw foods, 63-64
Animal foods, raw servicing, 164
consumer self-service, limitations, 71-72 shellfish harvesting, 56-57
cooking requirements, 73-78 sleeping, 170-171
separation from other foods, 63-64 storage, 158-162
Animal foods, raw or undercooked, consumer underneath equipment for cleaning, 121-122
advisory, 98-99 underneath fingernails, cleaning, 42
Animals unaffected by imminent health hazard, 203
commercially raised for food, 52-53, 73-74 walking, 165, 170
exotic species, limitations as food source, 52 warewashing, 166, 181
game, 52-53, 73 waste servicing, 157
handling by employees, prohibition and where unnecessary persons are not allowed,
exception, 47 27-28
handwashing after handling, 43 Artificial color or flavor, declaration, 96-97
live, prohibition and exceptions, 178-179 Asymptomatic carrier, 33-40
wild game, 52-53, 74 Asymptomatic, definition, 3
Anti-slip floor coverings, 165 Attachments, wall and ceilings, cleanability, 167
Appeal
denial of application for operating permit, Backflow prevention, plumbing system
197 air gap, 148
Applicant for permit to operate food establishment carbonator, 150
Index 1
knowledge of person in charge, 25-26 maintenance and operation, 123
sewage systems, 156-158 Cans, number 10. See Single-use articles
water system operation, 146 Canthaxanthin, 97
Backflow prevention device, plumbing system Carbonator, 105, 150
carbonator, 150 Cardboard for recycling, outside storage, 161
copper, use limitation, 105 Carpeting, floor, restrictions and installation, 166
design standard, 148 Carrier, disease. See Asymptomatic carrier
location, 150 Carry-out utensils. See Single-service articles
numbers and capacity, 149 Case lot handling equipment, moveability, 116
operation and maintenance, 151 Casing
Backsiphonage. See Backflow definition, 3
Bacon, slab, storage, 64 date marking, 88
Bacteria. See Disease outbreaks caused by Cast iron utensils and equipment food-contact
Baffles, internal, for warewashing machine, 115 surfaces, use limitation, 104
Bags. See Single-service articles Catering operation. See Food establishment
Bait Catsup bottles. See Single-use articles
fish, 179 Ceiling, ceiling coverings, and coatings, cleanability,
station, 185 165-167
Bakery products, 97 Ceramic utensils, lead limitation, 104
Balut, definition, 3 Certification number, definition, 3
Basket, for warewashing equipment, 115, 134 CFR, definition, 3
Bearings and gear boxes, leakproof, 112 Cheese
Beef datemarking, 87
consumer self-service, 71-72 ROP, 95
cooking requirement, 73-77 Chemicals
minimum holding times for cooking, 73-77 preservatives, declaration, 96
oven parameters for cooking, 74-75 sanitization of equipment food-contact
rare or raw, consumer advisory, 98-99 surfaces and utensils, 137-138
raw, storage, 63-64 sanitizers, criteria, 183
use of clean equipment, 130-133 washing fruits and vegetables, criteria, 183
use of laundered gloves, 138 working containers, of, 180
whole-muscle, intact, definition, 24 Chicken, raw, immersion in ice or water, 66
whole-muscle, intact steak, cooking, Children’s menu, 76
75-76 China utensils, lead imitation, 104
Beef roasts, cooking requirements, 74-75 Chlorine solutions, chemical sanitization, 127-128
Beverage CIP
containers, consumer-owned, refilling, 136 definition, 3
definition, 3 equipment, design and construction, 108
tubing, separation from stored ice, 112 Clams, lightly cooked or raw, consumer advisory,
Birds, dead or trapped, removal, 177 76, 98-99
Boil. See Lesion, containing pus See also Molluscan shellfish; Fish
Boiler water additives, criteria, 183 Cleanability
Bottled drinking water, definition, 3 carpeting, 164-165
source, 144 ceilings, 164-167
Botulism. See Clostridium botulinum floor and wall junctures, 166
Bowls. See Hollowware floors, 164-167
Bread wrappers. See Single-use articles food-contact surfaces, 107-108
Buffets, monitoring by food employees, 72 mats and duckboards, 166
Buildings, See Physical facilities nonfood-contact surfaces, 109
Bulk food studs, joists, and rafters, 167
dispensing methods, 72 utility lines, 165-166
display, protection, 71 wall and ceiling attachments, 167
labeling requirements, 96-98 wall and ceiling coverings and coatings, 167
raw animal food, prohibition, 71-72 walls, 165-167
unpackaged, labeling exemptions, 97 Cleanable fixtures, plumbing system, 147-148
Bulk milk container dispensing tube, 129 Cleaned in place. See CIP
Cleaners. See Poisonous or toxic materials
Cabinets Cleaning agents
storage, 120-121, 142, 154 handwashing, 171
Calibration, temperature measuring devices, 128 warewashing equipment, 125
Can openers Cleaning and sanitizing
design and construction, 109 equipment and supplies for reuse,
Index 2
recyclables, and returnables, Conditioning device, plumbing system
158-163 design, 148
equipment and utensils to prevent food cross location, 150
contamination, 129-138 Confidentiality
knowledge demonstrated by person in protection, 193
charge, 25-26 Confirmed disease outbreak, definition, 4
maintenance tools, preventing Construction
contamination, 176 food establishment, plans and specifications
physical facilities, frequency and restrictions, requirement, 190-193.
175 inspection and approval, 193
procedure for employees’ hands and arms, mobile water tank and mobile food
42-43 establishment water tank, 153
ventilation systems, nuisance and discharge plumbing system, 147-149
prohibition, 176 Consumer
Cleaning of equipment and utensils advisory for raw or undercooked animal
criteria, 129-130 foods, 98-99
frequency, 130-133 definition, 4
methods, 133-136 food on display, protection from
Cleanliness, personal, of employees contamination by, 71
fingernails, 41-42, 45 information requirements, 95-97
hands and arms, 41-45 self-service, clean tableware for refills, 69
jewelry, prohibition, 45 self-service operations, protection from
outer clothing, 45 contamination, 69
Clostridium botulinum, nongrowth in reduced, Consumer-owned container, refilling, 69, 136
atmosphere packaging, variance, 91-95 Consumers at risk, advisory for fully cooked
See also Potentially hazardous food animal foods, 96-97
definition Contact time, chemical sanitization of equipment
Clothes washers and dryer food-contact surfaces and utensils, 137-138
availability, 119 Container prohibitions for poisonous or toxic
location for contamination prevention, materials, 183
120-121 Containers
Clothing, outer, of employees, clean condition, 45 food storage, common name identification,
Cloths 64
for use with raw foods of animal origin poisonous or toxic materials
treatment, 67-68 labeling and identification, 180
for wiping food spills, criteria, 67-68 use prohibition, 183
Code working, common name
applicability, 187-189 identification, 180
Code of Federal Regulations. See “CFR definition” See also Single-service articles
Cold holding of potentially hazardous food, 81-86 Contaminated food, disposition, 99
Cold-plate beverage cooling devices, separation Contamination of food after receiving, prevention,
from stored ice, design, and construction, 63-72
112 Contamination prevention, location of equipment,
Color additive, definition, 2 clothes washer/dryers, and storage cabinets,
Commingle, definition, 4 120-121
Comminuted, definition, 4 Control of foodborne disease transmission by
cooking fish and meats, 73-74 employees, 205
Commissary. See Food establishment definition Controlled atmosphere packaging. See Reduced
Common name, 64 oxygen packaging
Communicable. See infectious agent Conversion of food establishment, plans and
Community or individual facility for disposal of refuse, specifications, requirement, 190-191
recyclables, and returnables, 163 Cook-chill packaging. See Reduced oxygen
Compactors, on-site, 159 packaging
Compliance with Code, responsibility of permit Cooking
holder, 189, 194 equipment, cleaning frequency, 133
Condenser unit, separation from food and food destroying organisms of public health
storage space, 112 concern, 73-76
Condiments, protection from contamination by requirements for raw animal foods,
consumers, 71 variance, 76
Conditional employee utensils. See Kitchenware
definition, 4 Cooling
responsibilities, 29-32 capacity, food equipment, 117
Index 3
methods to limit growth of organisms of accuracy, 109-110
public health concern, 83-84 cleanability, 107-108
potentially hazardous cooked food, 84 durability and strength, 107
Copper and copper alloys, use limitation in food functionality, 110
contact and fittings, 105 physical facilities
Core item, definition, 4-5 cleanability, 165-167
Core item violation, time frame for correction, 204 functionality, 167-171
Corned beef roasts mobile water tank and mobile food
minimum holding times for cooking, 74-75 establishment water tank,
oven parameters for cooking, 74-75 152-155
Correction of critical violation plumbing system, 147-152
time frame, 202 sewage system, 156-158, 163
timeliness, 204 Design standard, backflow prevention device, 148
verification and documentation, 204 Detergents. See Cleaning agents
Corrective action Detergent-sanitizers
compliance, 198-199 for warewashing equipment, 128
failure to demonstrate compliance, 201-202 rinsing procedures, 135-136
Corrosion-resistant material, definition, 5 Deviations from code
Cosmetics. See Personal care items documention, 201-202
Counter guards. See Food display See also Modifications; Variance; Waivers;
Counter-mounted equipment Devices. See Physical facilities
definition, 5 Diarrhea, employee symptom, 29
elevation, 122 Dipper wells. See Utensils, in-use storage
Critical control points Disease of employee, 29-41
definition, 5 Disease or medical condition, reporting
flow diagram, 192 responsibility, 29-32
knowledge demonstration by person in Disease outbreaks caused by Norovirus, S. Typhi,
charge, 25-26 Shigella spp., Enterohemorrhagic or Shiga
monitoring, responsibility of permit holder, producing E. coli, or hepatitis A
198-199 virus, 30-31
standard operating procedures, 192-193 Dish basket. See Basket
Critical limit Dishes. See Tableware
definition, 5 Dishwashing. See Warewashing
nonconformance documentation, 201-202 Disinfection
violations, timely corrections, 204 drinking water system, 145
Cross connection, water supply system, prohibition, mobile water tank and mobile food
151 establishment water tank, 154-155
Cross contamination of food protection by separation Dispensing equipment, design and construction
and segregation, 63-64 for protection of equipment and food,
Crustacea shells, use limitation, 129 111-112
Crystal utensils, lead limitation, 104 Dispensing tube, bulk milk container, 129
Cups, refilling in consumer self-service, 69-70 Display. See Food display
See also Hollowware Disposable towels, waste receptacle, 159
Cut, infected. See Lesion, containing pus Disposal facilities
Cut leafy greens refuse, recyclables, and returnables,
as PHF/TCS food, 15 158-163
definition, 5 sewage, other liquid wastes, and rainwater
Cutting surfaces 156-158
materials, 105-106 Disposition of ready-to-eat, potentially
resurfacing, 123 hazardous food, 88
Distressed merchandise, segregation and
Data plate, warewashing machine, 110 location, 174
Date marking of ready-to-eat, potentially Documentation
hazardous food, 85-88 correction of critical violation, 204
Dealer’s tag/label for molluscan shellstock freezing for parasites, 78-79
requirements, 56-57 inspection report, 202-203
Deli tissue, use to avoid contaminating food, 60 ROP, 91-95
Demonstration of knowledge. See Person in Charge; variances, 188-189
Supervision Dogs in food establishments
Design, construction, and installation patrol and sentry, 178
equipment and utensils pets, 178-179
acceptability, 117 service, 178-179
Index 4
Dollies. See Case lot handling equipment service to highly susceptible populations,
Doors 100-102
equipment maintenance, 123 Egg product, definition, 7
physical facility, 169, 171 Eggs, raw, shell
refuse receptacle, 158-161 condition at receipt, 54
toilet room, 176-177 cooling, 83-84
Drain plugs for equipment and receptacles for labeling, 50
re-fuse, recyclables, and returnables, 161- temperature at receipt, 54
162 Elderly. See Highly susceptible population
Drainage of equipment compartments, 116 Emergency occurrence. See Imminent health hazard
Drainage system, food establishment, design Employee
and installation, 156 accommodations, location, 174
Drainboards definition, 7
capacity, 119 disease or medical condition, 28-41
cleaning frequency, 124 dressing areas, number, 174
cleanability, 107-108 eating, drink, and tobacco use,
warewashing, self-draining, 116 designated areas, 46
Drains, indirect, 156 food contaminated by, disposition, 99
walk-in refrigerators, 156 hygiene, 46-47
Dressing areas ill, exclusions and restrictions, 32-41
designation, 174 practices, supervision of, 27-41
use by employees, 177 prevention of food contamination, 60-62
Dried eggs, condition at receipt, 54-55 responsibility to report illness, 29-32
Drinking by employees, food contamination serving high-risk populations, exclusions
prevention, 46 and restrictions, 32-41. See also
Drinking water Food employee; Permit holder;
bottled, source, 145 Person in charge
definition, 5-6 Emu. See Ratites
Drinking water systems Enclosures for refuse, recyclables, and
approved, 144 returnables, operation and maintenance,
flushing and disinfection, 145 158-161
Drip prevention, design and construction of Enterohemorrhagic Escherichia coli definition, 7
ventilation hood systems, 110 EPA, definition, 7
Driving surfaces. See Surface characteristics, Equipment
outdoor air-drying, 140
Dry cleaning methods, equipment and utensils, 133 assessment for Code enforcement, 187-188
Dry eggs, 54 case lot handling, 116
Dry milk, 55 cleaning criteria, 129-130
Dry storage area, definition, 6 cleaning frequency
Drying agents, criteria, 183-184 food-contact surfaces/utensils,
Duckboards, cleanability, 164-165 130-133
Dustless methods of cleaning floors, 175-176 nonfood-contact surfaces, 133
warewashing, 124
Easily cleanable, definition, 6 compartments, drainage, 116
Easily movable, definition, 6 cooling, heating, and holding capacities, 117
Eating by employees, food contamination prevention, definition, 7-8
46 design and construction, durability and
Effective date of Code, 187-188 strength, 107
Egg existing, 187-188, 198
boiled, See Potentially hazardous food definition fixed, elevation or sealing, installation,
cooking requirements, 73-76, 100-102 122
definition, 7 fixed, spacing or sealing, installation, 121-
lightly cooked or raw, consumer advisory, 122
98-99 food-contact surfaces and utensils,
liquid, frozen, and dry, condition at receipt, cleaning frequency, 130-133
54 HACCP plan, 192-193
pasteurized, substitute for shell eggs, 64-65, location for contamination prevention,
100-102 120-122
pooling, 64-65, 73-74, 98-102 maintenance, 123
potentially hazardous food, 15-17 necessary replacement, 198
restricted definition, 21 plans, 190-191
reassembly after cleaning, 141
Index 5
repair and adjustment, 123 consumer advisory, 98-99
storage, 177-178 freezing to control parasites, 78-79
storage prohibitions, 141-142 immersion in ice or water, 66
Equipment certification and classification, 117 restriction on reduced oxygen packaging, 93
Equipment and utensils, dry cleaning methods, 133 Fitting or tubing, copper and copper alloys, use
precleaning, 133 limitation, 105
rinsing procedures, 135-136, 143 Fixtures. See Physical facilities
Equipment openings, closures and deflectors, design Flatware. See Tableware
and construction, 110-111 Floor drains, cleanability, 166
Equipment, utensils, and linens Floor-mounted equipment, clearance, 122
cleaning, 129-136 Floors
design and construction, 107-117 absorbent materials, use limitation, 176
laundering lines, 138-139 and floor coverings, cleanability, 165-166
location and installation, 120-122 dustless cleaning methods, 175-176
maintenance and operation, 123-129 Flow pressure valve, warewashing machine, 116
materials for construction and repair, Flushing
103-107 drinking water system, 145
numbers and capacities, 117-120 mobile water tank and mobile food
protection of clean items, 140-143 establishment water tank, 154-155
sanitization of equipment and utensils, waste retention tanks, 157
137-138 Flux, use limitation for food-contact surfaces, 104
See also Physical facilities Fogging devices, cleaning the water reservoir,
Escargot. See Fish 151-152
Exclude, definition, 8 Food
Exclusion of employee additives, 54, 65, 91, 183-184
illness, 32-34 characteristics, 48
infection or disease, 32-34 contact with equipment and utensils, 66
release, 35-41 contaminated, 99
removal, 35-41 cooked, potentially hazardous, cooling,
Expiration time for potentially hazardous food, 85-90 83
Exposure, 30-31, 40-41 damaged, spoiled, or recalled, storage, 64
Facilities definition, 8
assessment for Code enforcement, 187-188 destruction of organisms of public health
disposal, recycling, and refilling of waste, concern, 73-77
163 frozen, potentially hazardous, 54, 81
necessary replacement, 198 hermetically sealed, source, 50
on-premises for refuse, recyclables, and honest presentation, 1, 48, 96, 187, 190
returnables, 158-160 identity, presentation, and on-premises
Facility plans and specifications, submission labeling, 49-50, 95
and approval, 190-191 in contact with water or ice, storage or
Faucet, handwashing sink, 42, 148 display, 66
Fever with sore throat, employee symptom, 29, 34 limitation of growth of organisms of public
Filter, compressed air, for drinking water system, 154 health concern, 81-90
Filtering equipment, hot oil, design and construction, packaged and unpackaged, separation,
108 packaging and segregation, 63-64
Fingernails packaged, labeling, 49-50, 93-95
artificial, prohibition, 45 protection for contamination, 60-72
of employees, maintenance, 45 specialized preparation methods, variance
First aid supplies in food establishments, storage; requirement, 76, 90-91, 113,
See also Personal care items 188-189, 191
Fish standards of identity, 95-96
consumer self-service, 71-72 temperature and time control, limiting growth
cooking requirements, 73-77 of organisms of public health
definition, 8 concern, 81-95
frozen by supplier, freezing records, 79-80 Food, potentially hazardous
other than molluscan shellfish, 51, 79 HACCP plan, 191-193
raw, storage, 63-64 hot and cold holding,84- 85
recreationally caught, 51-52 preparation, application for permit, 193-196
use of clean equipment, 129-130 temperature at receipt, 53-54
use of laundered gloves, 138 time as public health control, 88-90
Fish, lightly cooked or raw Food, ready-to-eat, potentially hazardous
Aquacultured, 79 date marking, 85-88
Index 6
disposition, 88 Food service establishment. See Food establishment
Food Allergy, awareness, 28 Food sources,
Food bank. See Food establishment compliance with food law, 49-50
Food cart. See Food establishment, definition, mobile original containers and records, 58-59
food unit, pushcart Food specifications for receiving, 53-57
Food Code temperature, 53-57
intent, 1 Food-specific container for beverages, refilling, 136
scope, statement, 1 Food storage
title, 1 containers, identification of food, 64
Food contact, copper, use limitation, 105 preventing contamination from premises,
Food-contact surface 70-71
assessment for Code enforcement, 187-188 prohibited areas, 70-71
cast iron equipment, use limitation, 104 Food temperature measuring devices
construction materials, 103-104 accessibility, 120
copper, use limitation, 105 design and construction, 107
cleaning criteria, 129-130 Food volume, proposed, plans, 191
cleaning frequency of equipment, 130-131 Foodborne disease
definition, 8 outbreak, definition, 8
design and construction, cleanability, prevention, knowledge, 25-26
107-108 Foodborne illness
galvanized metal equipment, use limitation, frequency of inspections, 199
105 transmission by employees, prevention,
lead, use limitation, 104 205
linens and napkins, use limitation, 67 Foot candles. See Lighting
lubricating, 140 Fork lifts. See Case lot handling equipment
sanitization criteria, 137 Forks. See Tableware
sanitization frequency, 137 Freezing to destroy organisms of public health
sanitization methods for equipment, 137-138 concern, 78-79
“V” threads, use limitation, 108 Frog. See Fish
wet cleaning methods for equipment, 134 Frozen food
wood, use limitation, 105-106 limiting growth of organisms of public health
Food containers concern, 81
placement in cooling or cold holding maintain frozen, 81
equipment, 83-84 shipped frozen received frozen, 54
Food contamination Fruits, raw
by persons, discarding, 99 cooking, 77
by unclean utensils and equipment, 66 washing, 65
prevention after receiving, 60-62 whole or cut, immersion in ice or water, 66
prevention by employees, 60-62 whole, uncut, storage, 64
Food display, preventing contamination by
consumers, 71-72 Galvanized metal, use limitation for utensils
Food employee and food-contact surfaces of equipment, 105
definition, 8 Game animal
responsibility to report illness, 29-32 commercially raised for food, 52-53
Food establishment cooking requirements, 73-76
definition, 9 definition, 10
identity information, 194-196 exotic species, 73-74
inspection, frequency, 199 limitations as food source, 52-53
permit to operate, 193-199 wild, field-dressed, limitations as food
plans and specifications for construction, source, 53, 73-75
conversion, or remodeling, 196-197 Gauge cock. See Flow pressure valve
Food guards. See Food display Garbage. See Refuse
Food management, plans, 190-193 Garlic. See Potentially hazardous food definition
Food package integrity, 55 Gastrointestinal illness, symptoms of employee, 29
Food processing, variance required, 90-91 General use pesticide, definition, 10
Food processing plant, definition, 9 Glasses, refilling in consumer self-service, 69-70
Food Protection Manager Certification, 26 Gloves
Food reheated in microwave oven, requirements, 80 cloth, laundering frequency, 138-139
Food safety handwash before donning, 43
control measures, HACCP plan, 191-193 single-use, 68
intent of Food Code, 1 slash resistant, 68-69
purpose of Code, 1 Grease traps, in food establishment drainage
Index 7
systems, 157 prevention, Code application, additional
Ground beef. See comminuted definition requirements, 188, 203-204
cooking, 74 summary suspension of operations, 203
Guard dog. See Service animal Health practitioner
HACCP plan definition, 10
compliance, responsibility of permit holder, Health status of employee, required reporting, 201-
198 202
contents, 192-193 Heat lamp, shield, 167-168
criteria, reduced oxygen packaging, 91-95 Heater, for manual warewashing equipment, 115
critical limits, nonconformance, 202 Heating capacity, food equipment, 117
definition, 10 Hepatitis A virus
knowledge by person in charge, 25-26 cause of disease outbreak, 30-34
variances, 90-91, 195 cause of employee illness, 30
HACCP principles, failure to demonstrate conditions for release of employee from
knowledge, 189 restriction or exclusion, 35-41,
Hair restraints for employees, 46-47 205
Hamburger, See comminuted definition Hermetically sealed
cooking, 73-74 container, definition, 10
Hand drying food, source, 50
available at handwashing sink, 171-172 food containers, cleaning, 63
part of cleaning procedure, 42 reheating, food taken from a container, 80
Hand, antiseptics, 44-45 High-risk population. See Highly susceptible
Hand antiseptics for employees, 44-45 population
Handling Highly susceptible population
kitchenware, 142 consumer advisory, 98-99
single-service and single-use articles, 142 definition, 11
tableware, 142 exclusions and restrictions of ill employees,
Hands and arms of employees 32-34
clean condition, 41-42 frequency of inspection, 199
cleaning procedure, 42-43 permit application, 194
hand antiseptics, 44-45 special requirements, 100-102
when to wash, 43 Holding capacity, food equipment, 117
where to wash, 44 Holding tank. See Sewage, holding tank
Hands, employees Holding time, minimum
alternative procedure to No Bare Hand comminuted meats, 73-74
Contact, 60-62 cooking, roast beef and corned beef, 74-75
no bare hand contact with RTE food, 60-62 Hollowware. See Tableware
Handwashing Homes and living/sleeping quarters, private, use
cleanser, availability, 171 prohibition, 170
food employees, 60 Honest presentation, intent of Food Code
procedures, special, for employees, 41-43 not misleading, 1
signage, 172 Hooks, slab bacon, 64
Handwashing sinks Hood. See Ventilation systems
Automatic, 43 Hot holding of potentially hazardous food, 84-85
cleanability, 147-148 Hot water
design and construction, 147-148 quantity and availability, 146
location and placement, 150, 174 sanitization of equipment food-contact
maintaining and using, 176 surfaces and utensils, 137
numbers and capacities, 149, 171 Hygienic practices of employees
operation and maintenance, 150-151 food contamination prevention, 46
use required, 41-43 hair restraints, 46-47
water temperature, 148 handling animals, prohibition, 47
Handwashing sink, definition, 10
Harvester's tag/label for molluscan shellstock, Ice
requirements, 55-59 as food, 55
Hazard Analysis Critical Control Point. See HACCP exterior cooling, prohibition as ingredient, 66
plan source, 55
Hazard, definition, 10 storage or display of food in contact with, 66
Health hazard, imminent Ice units, separation of drains, design and
discontinuance of operations and reporting construction, 112
requirement, 203 Identity standards for food, definition, 95-96
Illness of employee, investigation, 205
Index 8
Illness prevention, intent of Food Code, 1 prohibition, 100
Imminent health hazard service to highly susceptible populations,100
ceasing operations and reporting, 203 treated, 81
definition, 11 warning label, 81
Immunocompromised persons. See Highly Junctures, floor and wall, covered and enclosed or
susceptible population sealed,
In-place cleaning. See CIP definition cleanability, 165-167
Incinerators for solid waste, 163 Justification, variances, 188-189
Individual sewage disposal system, disposal through
approved system, 157 Kick plates, removable, design and construction, 109
Indoor areas, materials, 164-165 Kitchenware
Infection, employee, symptom, 29-32 definition, 11
Infectious agent, employee freedom from, removal of handling, 142
restriction, 35-41 Knives. See Tableware
Ingredients, HACCP plan, 192-193
Injected, definition, 11 Label, common name on food container, 64
Insect control Labeling
devices, design, and installation, 168 packaged food, 49
food establishments, poisonous or toxic compliance with law, 96-97
materials, 181 poisonous or toxic materials and personal
maintenance, 178 care items,180
outer openings protected, 169-170 Lamb. See Meat
See also Pest control Landfills for solid waste, 163
Insects, dead or trapped, removal, 177 Laundering linens
Inspection, frequency criteria, 139
establishing, 199 frequency, 138-139
performance- and risk-based, 200 mechanical washing, 139
Inspection order methods, 139
access to premises and records, 201 Laundry facilities, use limitations, 139
Inspection port, enclosed water system, 153 Lavatories. See Handwashing facilities
Inspection, preoperational, 193, 197 Law, definition, 11
Inspection report Layout, proposed, plans, 190-191
acknowledgment of receipt, 202-203 Lead limitation in ceramic, china, crystal, and
documentation, 201-202 decorative
issuance, 202 utensils, 104
public information, 203 Leafy greens, cut
receipt, refusal to sign acknowledgment, as PHF/TCS food, 15
202-203 definition, 5
Installation Lesion, containing pus, 29
equipment, 121-122 Light bulbs, protective shielding, 167-168
plumbing system, 147 Lighting, intensity, 172-173
Institutional food service. See Food establishment, Linens and napkins, use limitation for food-contact
highly susceptible population surfaces, 67
Interaction of pH and a w . See Potentially hazardous Linens
food definition, 11
Interstate Certified Shellfish Shippers List, sources of laundering criteria, 139
molluscan shellfish, 51 laundering frequency, 138-139
Intestinal illness of employee, 29-32 laundering methods, 139
Iodine solutions, chemical sanitization, 127 mechanical washing methods, 139
soiled, storage methods, 139
Jars. See Single-use articles storage after cleaning, 141
Jaundiced employee storage prohibitions, 141-142
exclusions and restrictions, 33 Liquid eggs, condition at receipt, 54
removal of exclusions and Liquid food or ice, dispensing equipment, design and
restrictions, 37 construction, 111-112
symptom, 29, 31 Liquid waste
Jewelry, employees, prohibition exception, 45 drain lines, design and construction, 112
medical alert, 45 other than sewage, disposal facility, 108
Juice Litter, removal, 178
definition, 11 Living/sleeping quarters, separation, 171
HACCP system, 57 Loading soiled items, warewashing machines,
packaged, 57 134
Index 9
Location, grease trap, 157 temperature at receipt, 53-54
Lockers Mixing valve, handwashing sink, 148
designation, 173 Mobile facility, alternative water supply, 147
location, 173 Mobile food establishment
using, 177 application for permit, 194-196
Lubricants, incidental food contact, criteria, 184 sewage holding tank, capacity and drainage,
Lubricating food-contact surfaces, 140 157
water tank, inlet, 154-155
Maintenance waste removal, 157
equipment, storage, 177-178 Mobile water tank and mobile food establishment
refuse areas and enclosures, 159 water tank
tools, cleaning, 177-178 design and construction, 153
See also Operation and maintenance flushing and disinfection, 155
Major food allergen definition, 12 materials, 152
Management and personnel numbers and capacities, 154-155
employee health, 29-41 operation and maintenance, 155
hygienic practices, 46-47 Modifications. See also Variance and Waivers
personal cleanliness, 41-45 Code application, 187-189
supervision, 25-28 conformance with approved procedures, 189
Manager certification, national recognition, 26 Modified atmosphere packaging. See Reduced
Manual warewashing. See Warewashing. Oxygen Packaging.
Manufacturers' dating information, 86 Molluscan shellfish
Materials commingling, 59
construction and repair, surface definition, 12
characteristics, 164-165 lightly cooked or raw, consumer advisory,
mobile water tank and mobile food 98-99
establishment water tank, 152 original container, requirements, 58-59
See also Physical facilities packaging and identification, 55-57
Mats, floor, cleanability, 166 shellfish, source, 51
Meal portions, individual, from bulk container, 87 shucked, original container, labeling, 58-59
Meat tanks, use limitations, 113
cooking requirements, 73-76 tanks, variance, 113
cured, 88 Molluscan shellstock
consumer self-service, 71-72 condition on receipt, 57
definition, 12 cooling, 83-84
rare or raw, consumer advisory, 98-99 identification specifications, 56-57
raw, storage, 63-64 temperature at receipt, 53-54
use of clean equipment, 130-133 Mollusk. See Fish
use of laundered gloves, 138 Mollusk shells, use limitation, 129
Mechanical warewashing. See Warewashing. Mops, drying, 176
Mechanically tenderized, 12, 74 Mouthwash. See Personal care items
Medical condition of employee, 29-41 Moveability, case lot handling equipment, 116
Medicines in food establishments Moveable. See Easily moveable
restriction and storage, 185 Multiuse utensils and food-contact surfaces,
see also Personal care items construction materials, characteristics,
Melons, cut. See Potentially hazardous food 103-106
definition Mushrooms
Menu, proposed, plans, 191 cultivated wild species, source, 51
Menu items, consumer advisory, 98-99 wild, source, 51
Meringue, 65-66, 100-101 Mussels, lightly cooked or raw, consumer advisory,
mg/L, definition, 12 98-99. See also Molluscan shellfish
Microwave ovens
cooking, 76-77 Napkins, cloth, laundering frequency, 138-139. See
reheating food, requirements, 80 also Linens
safety standards, 123 National Shellfish Sanitation Program
Milk and milk products, dry, fluid, and frozen, certification number, 3
pasteurized at receipt, 54-55 Guide for the Control of Molluscan Shellfish,
Milk, fluid, and milk products 51
cooling, 83-84 Nitrates, nitrites, and salt for curing, variance
dispensing tube, 129 specifications, 90-91
raw, consumer advisory, 98-99 Nonconformance with Code, documentation, 201-202
source, 50 Non-continuous cooking
Index 10
definition, 13 Oysters, lightly cooked or raw, consumer advisory,
criteria, 77-78 98-99
Nondrinking water, quality, 145 See also Molluscan shellfish
Nonfood-contact surfaces
cleaning criteria, 129-130 Package integrity, 55
cleaning frequency, 133 Packaged, definition, 13
construction materials, characteristics, 106 Packaged food
design and construction, 109 labeling, 49
Norovirus labels, compliance with law, 96-97
employee illness, 29-33 separation and segregation from
reporting, 32 unpackaged food, 63-64
restriction/exclusion, 32-33,35 Packaging and identification of shucked molluscan
reinstatement, 37-40 shellfish, 55, 58-59
Notice of denial of application for operating permit, Packaging, reduced oxygen
197 conditions not requiring a variance, 91-95
Nutrition labeling, 96-97 conditions requiring a variance, 90-91
Nuts in shell, storage, 64 definition, 19-20
HACCP plan and variance criteria, 90-91
Odors Pallets. See Case lot handling equipment
mechanical ventilation, 173 Parasite destruction in fish by freezing, 78-79
multiuse equipment materials, 103-106 Parts per million. See mg/L, definition
refuse removal frequency, 162 Patrol dogs, 178
single-service/use article materials, Permit,
106-107 definition, 13
Off-premise issuance criteria, 194
cleaning services for refuse, recyclables Permit holder
and returnables, 160 agreement, replacement of facilities or
delivery and consumption of potentially equipment, 187-188
hazardous food, application for definition, 13
permit , 194-195 responsibilities for permit retention, 198-199
Oil equipment See also Employee
“V” threads, 108 Permit renewal, existing food establishment, 197
filtering, 108 Permit to operate food establishment, 193-199
On-site cleaning of returnables, 136 Person, definition, 13
Openings, to outdoors, protection against insects and Person in charge
rodents, 169-170 assignment, 25
Operation and maintenance definition, 13
mobile water tank and mobile food demonstration of knowledge, 25-26, 201-202
establishment water tank, 155 duties, 27-28
physical facilities, 175-179 employee responsibility for reporting illness,
plumbing system, 150-152 28
resumption after suspension, 203-204 responsibility to report certain employee
sewage system, 157 illness, 31-32
suspension for imminent health hazard, 203 responsibilities, rights, and authorities,
Organisms of public health concern explanation, 29-32. See also
destruction, 73-81 Employee
growth limitation, 81-95 Personal care items
Outdoor areas, materials, 165 definition, 13
Ostrich. See Ratites first aid supplies, storage, 185-186
Outdoor refuse areas, curbed and graded to drain, in food establishments, storage, 186
170 labeling and identification, 180
Outdoor walking and driving surfaces, graded to medicines, restriction and storage, 185
drain, 170 operational supplies and applications,
Outside receptacles for refuse, recyclables, and 181-186
returnables, design and construction, 159 stock and retail sale, 186
Outside storage of refuse, recyclables, and Personal cleanliness, 41-45
returnables, prohibitions, 161 Personal medications. See Medicines
Oven Personnel, supervision, 27-28
cooking temperature, 74-75 Pest control, 177
microwave, 76-77, 80, 123, 133 outer openings protected, 169-170
Overwraps, colored, for food, limitations, 96 See also Insect control; Rodent control
Ownership change, operating permit, 297 Pesticides in food establishments
Index 11
application, 182 construction, 148
bait station, 185 installation, 148
restricted use pesticide, conditions of use, location and placement, 150
182 materials, 147
restricted use pesticide, criteria, 184 numbers and capacities, 149-150
tracking powders, 185 operation and maintenance, 150-152
See also Poisonous or toxic materials Poisonous or toxic materials
Pests, dead or trapped, removal, 177 bait stations, 185
Pewter, use limitation for food-contact boiler water additives, criteria, 183
surfaces, 104 chemical sanitizers, criteria, 183
pH chemicals for washing fruits and vegetables,
chemical sanitization, warewashing criteria, 183
equipment, 127-128, 138 common name, 180
definition, 14 containers, prohibition for food use, 183
Physical facilities definition 14
cleaning drying agents, criteria, 183-184
floors, dustless methods, 175 in food establishments, use conditions, 182
frequency and restrictions, 175 knowledge by person in charge, 25-26
maintenance tools, preventing lubricants, incidental food contact, criteria,
contamination, 176 184
ventilation systems, nuisance and pesticides, restricted use, 181
discharge prohibition, 176 restriction of presence and use in food
controlling pests, 177 establishments, 181-182
definition, 14 storage, separation, 181
design, construction, and installation, tracking powders, 185. See also Pesticides
165-171 in food establishments
dressing rooms and lockers, using, 177 Pork. See Meat
drying mops, 176 Portable. See Easily moveable
handwashing sinks, maintaining and Potable water. See Drinking water
using, 171-172 Potentially hazardous food
location and placement, 174 definition 15-17. See also Food,
maintaining premises, 178 potentially hazardous food, ready-
maintenance and operation, 175-179 to-eat food
materials for construction and repair, Poultry
164-165 cooking requirements, 74
minimizing attractants and contaminants on consumer self-service, 71-72
floors, 175-178 definition, 17
numbers and capacities, 171-173 rare or raw, consumer advisory, 98-99
pests, dead or trapped, removal, 177 raw, storage, 63
prohibiting animals, 178-179 use of clean equipment, 129-132
repairing, 175 use of laundered gloves, 138
storage, of maintenance tools, 177-178 Precleaning equipment and utensils, 133
toilet room doors, closing, 176-177 Premises
Pickle barrels. See Single-use articles definition, 17
Pinning. See Injected, definition maintenance, 178. See also Physical
Plans and specifications for food establishment facilities
contents, 190-193 Presentation of food, 96
facility and operating, requirement, 190-192 Preset tableware, handling, 143
issuance criteria for operating permit, 196 Pressure, water, 146
Plastic tubs, buckets. See Single-use articles Pressure spray, wet cleaning, 134
Plates. See Tableware Primal cut, definition, 17
Plumbing fixture, definition, 14 storage on hooks or racks, 64
Plumbing system Priority item, definition, 17-18
air gap, 148 Priority foundation item, definition, 18
backflow prevention, 148 Private home, unapproved food source, 49
conditioning device, design, 148 food operations prohibited, 27, 170
construction, 147-148 Probe-type price and identification tags. See utensil,
definition, 14 24
design, 147-148 Processing at retail, 91-95
device, water system, inspection and Produce. See Fruits, raw; Vegetables, raw
service, 151 Prosthetic device, 42
handwashing sink design and Public health protection, Code application 187-189
Index 12
Public information, inspection report, 203 returnables, 69, 136
Public sewage treatment plant, disposal through Refrigeration, cooling and cold holding, 83-85
approved facility, 157 Refusal of access
Public water system, definition, 18 application for administrative warrant, 201
Pushcart. See Food establishment, definition, mobile reporting, 201
Refusal to sign acknowledgment of inspection
Quaternary ammonium compounds, chemical report receipt, 202-203
sanitization, 127 Refuse areas and enclosures, maintenance, 162
Refuse, definition, 20
Racks Refuse, recyclables, and returnables
case lot handling, 116 cleaning implements and supplies, 160
meat storage, 64 design and construction, 158-159
warewasher, 114-116, 124-128 facilities, on the premises, 158-159
Rainwater, disposal facility, 158. See also Sewage facilities for disposal and recycling, 163
Rapid indoor storage area, design, 158
cooling, 83 location, 160
growth. See Potentially hazardous food outdoor enclosure, construction, 158
definition, 15-17 outdoor storage areas, construction
reheating, 80 materials, 158
Ratites outdoor storage surface, design and
cooking, 74 construction, 158, 170
definition, 18 removal, 162
game animal definition, 10 storage, operation, and maintenance,
poultry definition, 17 159-162
Ready-to-eat food storage areas
consumer self-service, utensils and equipment, and receptacles,
dispensers, 71-72 location,160
definition, 18-19 rooms, and receptacles, capacity
potentially hazardous food and availability, 159
date marking; disposition, 88 storage prohibitions, 161
Reassembly of equipment after cleaning, 141 toilet room receptacle, covered, 159-160
Receptacles for refuse, recyclables, and returnables Regulatory authority
capacity and availability, 159 definition, 20
cleaning, 160 Reheating
covering, 159, 161 food from a hermetically sealed container, 80
design and construction, 158-159 hot holding, temperature requirements,
drain plugs, 161-162 80
equipment and storage, 159-162 ready-to-eat food, requirements, 80
location, 160 Reinstatement
maintenance, 161-162 excluded or restricted employee, 35-41
Receptacles for removal of refuse, recyclables, and Remodeling of food establishment, plans and
returnables, 156-163 specifications 190-191
Records Removal, refuse, recyclables, and returnables, 162
availability, responsibility of permit holder, Reporting, disease; medical condition
198 By conditional employee, 29
fish, freezing raw, 49, 78-79 by food employee, 29
HACCP, 189-193 by permit holder, 198
HACCP plan conformance, failure to by person in charge, 31
demonstrate, 201-202 Reporting, imminent health hazard
molluscan shellstock, 56-59 by permit holder, 198, 203
water system service schedule, 151 Re-service of unopened packaged food and unused
Recyclables. See Refuse definition, 21
Recycling facilities, 163 food, prohibition, 72
Redeeming machines, location, 160 HSP, 102
Reduced oxygen packaging Responsibilities
conditions not requiring a variance, 91-95 food employee reporting illness, 29
conditions requiring variance, 90-91 person in charge duties and authorities,
definition, 19-20 27-28
HACCP plan and variance criteria, 90-91 person in charge reporting ill employee, 31
Refilling permit holder for ceasing operations, 203
clean tableware, 69 permit holder for permit retention, 198-199
consumer self-service, using facilities, 136 Restaurant. See Food establishment
Index 13
Restrict, definition, 21 equipment, 126. See also
Restricted use pesticide, definition, 21 Poisonous or toxic
Restriction materials
employee, release, 35-41 Sanitizing solutions
infected or diseased employee, 35-39 chemical, determining concentration,
Restrictions 127-128
employees, removal, 32-34 detergent-sanitizer, rinsing procedures,
ill employees, 32-34 135-136
Resumption of operations, 203-204 testing devices, availability, 120
Retail food store. See Food establishment wiping cloth storage, 67-68
Retention tank. See Sewage, holding tank Scallops. See Molluscan shellfish
Returnables Screening
on-site cleaning and refilling, 136 backflow prevention device, 148, 150
refilling, 69 outer openings protected, 169-170
See also Refuse tank vent, 153
Reuse of shells, 129 water conditioning device, 148
Review of plans. See Facility plans and Seafood. See Fish
specifications Sealed, definition, 21
Revocation of permit. See Summary permit Seeing Eye dog. See Service animal
suspension Self-draining warewashing sinks and drainboards,
Rhea. See Ratites 116
Right of appeal, denial of application for operating Self-service
permit, 197 clean tableware for refills, 69
Rinsing procedures, equipment and utensils, 135-136 consumer, protection from contamination,
Risk-based frequency of inspection, 199 71-72
Roasts, beef and pork handling of single-service and single-use
minimum holding times for cooking, 73-74 articles, 142
oven parameters for cooking, 75-76 utensil availability, 119
reheating, 80 Sentry dogs. See Patrol dogs
Rodent control, 177 Service animal
in food establishments, poisonous or toxic care and handling, 47
materials, 181-186 definition, 22
outer openings protected, 169-170. See handwashing after handling, 43
also Pest control handling of single-service and single-use,
Rodents, dead or trapped, removal, 177 178-179
Roe. See Fish presence in dining and sales area, 178-179
Roofs, protective barrier, 170 Service sinks
Rooms. See Physical facilities availability, 173
plumbing system, numbers and capacity,
Safe material, definition, 21 149
Salad bars, monitoring by food employees, 72 use limitation, 44
Salmonella Typhi Servicing area
cause of disease outbreak and employee definition, 22
illness, 28 Serving dishes. See Hollowware
employee illness, reporting, 28-32, 202 Sewage
infection, conditions for employee restriction definition, 22
or exclusion, 32-34 disposal, conveying, 157
reporting responsibility of person in charge, disposal system, approved, design and
31 construction, 157
Salmonella Typhi-free employee, removal of holding tank, mobile, 156
restriction or exclusion, 35-41 Sewage, other liquid wastes, and rainwater
Sample report, private water system, 146 backflow prevention, 156-157
Sampling, water, nonpublic system, 145 conveying, 157
Sanitization disposal facility, 157
chemical, manual, 127-128 drainage, 156, 158
chemical, warewashing equipment, 127-128 establishment drainage system, design
definition, 21 and installation, 156
equipment and utensils, 137-138 mobile holding tank, 156
hot water temperatures removal from mobile food establishments,
manual, 126 157
warewashing equipment, 126 retention, 156
pressure, mechanical warewashing Shatterproof bulbs. See Light bulbs, protective
Index 14
Shielding Specifications. See Plans
Shellfish, molluscan. See Molluscan shellfish Sponges, use limitation, 105
Shellfish control authority, definition, 22 Spoons. See Tableware
Shells, use limitation, 129 Spot cleaning. See Floors, dustless cleaning
Shellstock methods
definition, 22 Sprouts, seed. See Potentially hazardous food
maintaining identification, 59 definition
Shielding, light, 167-168 variance, 90-91
Shiga toxin-producing Escherichia coli, definition, 22 Stainless steel. See Cleanability; Easily cleanable
Shigella spp. Standards of identity, 95. See also Juice definition
cause of employee illness and disease Standards
outbreak, 28 Food Code, 1
employee illness, reporting, 28, 29-32 Steak, whole-muscle intact beef, 49-50, 75-76
infection, conditions of employee restriction Steak tartare, consumer advisory, 98-99
or exclusion, 32-34 Steam
reporting responsibility of person in charge, cleaning equipment, 160
31 mixing valves, 148
removal of restriction or exclusion, 35-41 tables, temperature measurement, 113-114
Shucked shellfish, definition, 22 ventilation, 173
Single-service and single-use articles Stitch pumping. See Injected
construction materials, characteristics, Stirrers. See Single-service articles
106-107 Stock and retail sale of poisonous or toxic materials
definition, 22 and personal care items, storage and
handling, 142 display, 186
prohibitions, 141-142 Storage
required use, 129 clean equipment, utensils, linens, and single-
reuse limitation, 129 service and single-use articles, 141
storage after cleaning, 141 first aid supplies in food establishments,
Sink compartment requirements, manual 185-186
warewashing, 117-118 food in contact with water or ice, 66
Sink, handwashing. See Handwashing facilities maintenance equipment, 177-178
Sinks, warewashing medicines in food establishments, 185
cleaning agents,125 methods for soiled linens, 139
self-draining, 116 poisonous or toxic materials, separation, 181
use limitations, 124 refuse, recyclables, and returnables,
Slacking operation and maintenance,
definition, 22 160-161
potentially hazardous frozen food, Storage and display of items for stock and retail sale,
conditions, 81-82 separation, 186
Slash-resistant gloves, 69 Storage areas for refuse, recyclables, and returnables
Sleeping quarters. See Living/sleeping quarters capacity and availability, 160-161
Smoking. See Tobacco use by employees designated, 174
Smooth, definition, 23 location, 160-161
Sneeze guards. See Food display Storage cabinets, location for contamination
Sneezing, coughing, or runny nose by employees, prevention, 120-121
food contamination prevention, 46 Storing food to prevent cross contamination, 60-64
Soap. See Cleaning agents Straws. See Single-service articles
Soiled tableware, handling, 142 Street foods. See Food establishment, definition,
Solder, use limitation for food-contact surfaces, 104 mobile
Source, approved Studs, joists, and rafters, cleanability, 167
drinking water, 144 Stuffing, cooking, 74
food, 49-50 Sulfites. See Additives
shellfish, 49, 51, 55-57 Supervision of personnel
Sous vide packaging. See Reduced Oxygen demonstration of knowledge, 25-26
Packaging person in charge, 27-28
Spacing Surface characteristics
carpet installation, 166 indoor areas, 164-165
counter-mounted equipment, 122 outdoor areas, 165, 170
equipment installation, 121-122 Sweeping compounds. See Floors, dustless cleaning
fixed equipment, 121-122 methods
toxic material separation, 181, 185-186
Spatulas, use to avoid contaminating food, 60 Table-mounted equipment
Index 15
definition, see counter-mounted correction of priority item or priority
equipment definition, 5 foundation item violation, 204
elevation, 122 Time/temperature control for safety food. See
Tablecloths. See Linens potentially hazardous food
Tableware Tobacco use by employees, food contamination
clean, consumer use in self-service area, prevention, 46
supervisor responsibility, 28 Tofu, immersion in ice or water, 66
definition, 23 Toilet rooms
handling, 142-143 convenience and accessibility, 174
preset, handling, 143 doors, closing, 176-177
soiled and clean, handling, 142 enclosed, design and installation, 168
See also Single-service articles numbers, 149, 172
Tag/label, for molluscan shellstock receptacle for sanitary napkins, 159-160
record keeping, 58-59 Toilet tissue, availability, 172
requirements, 55-59 Toiletries. See Personal care items
Take-home food containers, refilling, limitations, 69- Toilets and urinals
70 number, 149
TCS food. See potentially hazardous food use limitation, 149
Temperature – Food Tongs, use to avoid contaminating food, 60
cold and hot food holding, 84-85 Toothpaste. See Personal care items
cooking, 73-78 Toothpicks. See Single-service articles
cooling, 83-84 Towels
plant food, 77 availability, 171-172
receiving, 53-54 disposable, waste receptacle, 172
reheating, 80 Toxic. See Poisonous or toxic materials
roast beef and corned beef, 74-75 Tracking powder. See Pesticides in food
seared steak, see steak, whole-muscle establishments
intact Trade secrets
thawing, 82-83 protection, 193
Temperature – Warewashing Training plan, food safety, for employees and
wash water, manual, 125 for bare hand contact, 28
wash water, mechanical, 125-126 supervisors, HACCP plan, 192
sanitization, manual, 126-128 ROP, 30
sanitization, mechanical, 126-128 Training of employees, 28, 93, 102, 192
Temperature measurement devices accuracy, Transport
calibration, 128 case lot moving, 116
definition, 23 game animals, 52-53
design and construction, 107, 109-110 insulated containers, 114
food, provided and accessible, 120 refuse vehicles, 162
food storage unit air, 113-114 sewage vehicles, 157
manual warewashing, accessibility, 120 soiled linens, 139
probe, small diameter, 120 transportation vehicle, 9, 22
scale, 109 water vehicles, 146
warewashing machines, 115 Trash. See Refuse
Tempered water, handwashing sink, 148 Tumblers. See Hollowware
Temporary facility, water availability, 147 Tuna, 79
Temporary food establishment Turtle. See Fish
construction materials, 164-165 Two compartment sink. See Sink compartment
definition, 23 Requirements
Testing kit for sanitizing solutions, availability, 120
Thawing potentially hazardous frozen food, Unnecessary
conditions, 82-83 items, 162,178
Thermistor, thermocouple, thermometer. ledges, projections and crevices, 109
See Temperature measuring device persons, 27
Threads, “V”-type, 108 Urinals, numbers, 149
Three compartment sink. See Sink compartment "Use by" date. See Date marking
Requirements Utensils
Time as public health control for potentially air-drying, 140
hazardous food, 88-90 cast iron, use limitation, 104
in highly susceptible populations ceramic, china, crystal, and decorative,
(HSP), 90 lead limitation, 104
Time frame cleaning criteria, 129-130
Index 16
cleaning frequency, 130-133 documentation of findings, 201-203
consumer self-service, availability, 119 inspection and correction, 200-204
contact with food, 66-67 timeframe for correction, 202
definition, 24 timely correction, 204
design and construction, durability and Virus. See Disease outbreaks caused by
strength, 107 Vomiting, employee symptom, 29-41
galvanized metal, use limitation, 105
in-use storage, 66-67 Waivers. See also Modifications; Variance
maintenance and operation, 128 Code requirements, 188
multiuse, construction materials, 103-107 conformance with approved procedures,
racks, capacity, 119 189
sanitization, 137-138 Walk-in refrigerator
serving, for consumer self-service carpeting prohibition, 165-166
operations, 71-72 drains, 166
storage after cleaning, 141-142 Walking surfaces. See Surface characteristics
storage between use, 66-67 Wall and ceiling coverings and coatings, cleanability,
wet cleaning methods, 134 167
Utility lines, cleanability, 165-166 Walls, exterior, protective barrier, 170
Warewashing
"V" threads, use limitation for food-contact surfaces, definition, 24
108 manual, sink compartment requirements,
Vacuum packaging. See Reduced oxygen packaging 117-119
Variance manual, temperature measuring devices,
cooking raw animal foods, 73-78 accessibility, 120
conformance with approved procedures, 189 Warewashing equipment
definition, 24 chemical sanitizer concentration,
documentation and justification, 188-189 determining,127-128
HACCP plan, 189, 191-193 cleaning agents, 125
modifications and waivers, Code application, clean solutions, 125
188 manual
molluscan shellfish tanks, 113 alternative, 118
rationale, 189 detergent-sanitizers for chemical
requirement for specialized food processing sanitization, 118, 128
methods, 90-91 heaters and baskets, 115
sprouting, 91 hot water sanitization rinsing, 135-
Vegetables, raw 136
cooking for hot holding, 77 temperatures, 118, 126, 136
washing, 65 wash solution temperature, 125-126
whole or cut, immersion in ice or water, 66 mechanical
whole, uncut, raw, storage, 64 chemical sanitization, 127-128
See also Sprouts; potentially hazardous food hot water sanitization temperatures,
definition 126
Vehicles for removal of refuse, recyclables, sanitization pressure, 110, 116, 126
and returnables, 162 wash solution temperature, 125-126
Ventilation, mechanical, 110 Warewashing machines
Ventilation systems data plate operating specifications, 114
capacity, 119 flow pressure valve, 116
cleaning, nuisance and discharge internal baffles, 115
prohibition, 109 loading of soiled items, 134
exhaust vents, design and installation, 109 manufacturers' operating instructions, 124
hood, adequacy, 119 sanitizer level indicator, 115
drip prevention, design and construction, 110 temperature measuring devices, 115
Verification of correction of priority item and priority Warewashing sinks
foundation item violation, 204 alternative use limitation, 124
Vermin. See Insect control; Pest control; Rodent and drainboards, self-draining, 116
control Wash solution temperature, warewashing
Violations, priority item and priority foundation item, equipment, 125-126
continuing, 204 Washers/dryers, clothes, availability, 119
demonstration of knowledge compliance with Washing,
Code, 26 mechanical methods, linens, 121, 139
documentation and verification of correction, methods, equipment, and utensils, 133-136
204 raw fruits and vegetables, 65
Index 17
Waste Water tank
liquid. See Sewage hose, construction and identification, 154
solid. See Refuse inlet/outlet and hose fitting, protection, 154
Waste receptacle for disposable towels, 172 pump, and hoses, dedicated use, 155
Waste retention tank, flushing, 157 sloped to drain, 153-154
Water use limitation of "V" type threads, 153
alternative supply, 147 vent, protected, 153
distribution, delivery, and retention, 146 Watertight joint, equipment openings, 111
hot, quantity and availability, 146 Water treatment device, 151
inlet/outlet, protective device, 154 Wet cleaning methods, equipment and utensils, 134
nondrinking, 145 Wet storage. See Storage, food in contact with water
pressure, 146 and ice; Molluscan shellfish, tanks
quality, 145-146 Wetting agents, 134
sample report, 146 Whole-muscle, intact beef
sampling, 145 definition, 24
standards, 145 consumer advisory exemption, 49-50, 98-99
quantity and availability, 146 cooking, 75-76
source labeling, 50, 75-76
approved system, 144 Windows, tight-fitting, 169
bottled drinking, 145 Wiping cloths
capacity, 146 air-drying locations, 140
disinfection, 145 laundering, 138-139
knowledge by person in charge, 26 stored in sanitizer, 68
system flushing, 145 use for one purpose, 67
storage or display of food in contact with, 66 Wood, use limitation for food-contact surfaces,
Water activity, definition, 3 105-106
Water conditioning device, 148 Work clothes. See Clothing, outer
Water reservoir of fogging devices, cleaning, 151 Wound, infected. See Lesion, containing pus
Water supply Wrapped food
alternative supply, 147 honestly presented, 49, 96
system, prohibition of cross connection, 151 preventing contamination, 142
Water system, compressed air filter, 154 See also packaged, definition
Water system device, inspection and service, 151 Wrapped tableware, handling, 142-143
Water systems, public and nonpublic, 144
Index 18
State of North Carolina • Beverly Eaves Perdue
Department of Health and Human Services
Albert A. Delia, Acting Secretary
Division of Public Health • Laura Gerald, MD, MPH, State Health Director
Environmental Health Section
www.ncdhhs.gov • www.publichealth.nc.gov
The Department of Health and Human Services does not discriminate on the basis of race, color,
national origin, sex, religion, age or disability in employment or the provision of services.

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North Carolina

Food Code Manual

Adoption of the US Food and Drug Administration’s

2009 Food Code

N.C. Department of Health and Human Services

Division of Public Health • Environmental Health Section

1-1 TITLE, INTENT, SCOPE 1

1-201 Applicability and Terms Defined 2

2-2 EMPLOYEE HEALTH

2-201 Responsibilities of Permit Holder, Person in

2-301 Hands and Arms 41

2-4 HYGIENIC PRACTICES 46

2-401 Food Contamination Prevention 46

3-2 SOURCES, SPECIFICATIONS, AND ORIGINAL

3-3 PROTECTION FROM CONTAMINATION AFTER

3-301 Preventing Contamination by Employees 60

3-4 DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH

3-5 LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC

3-501 Temperature and Time Control 81

3-6 FOOD IDENTITY, PRESENTATION, AND ON-PREMISES

3-601 Accurate Representation 95

3-7 CONTAMINATED FOOD 99

3-8 SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE

3-801 Additional Safeguards 100

4-1 MATERIALS FOR CONSTRUCTION AND REPAIR 103

4-101 Multiuse 103

4-2 DESIGN AND CONSTRUCTION 107

4-201 Durability and Strength 107

4-3 NUMBERS AND CAPACITIES 117

4-301 Equipment 117

4-4 LOCATION AND INSTALLATION 120

4-401 Location 120

4-5 MAINTENANCE AND OPERATION 123

4-501 Equipment 123

4-6 CLEANING OF EQUIPMENT AND UTENSILS 129

4-601 Objective 129

4-7 SANITIZATION OF EQUIPMENT AND UTENSILS 137

4-701 Objective 137

4-8 LAUNDERING 138

4-801 Objective 138

4-9 PROTECTION OF CLEAN ITEMS 140

4-901 Drying 140

5-1 WATER 144

5-2 PLUMBING SYSTEM 147

5-201 Materials 147

5-3 MOBILE WATER TANK AND MOBILE FOOD

5-301 Materials 152

5-4 SEWAGE, OTHER LIQUID WASTE, AND RAINWATER 156

5-401 Mobile Holding Tank 156

5-5 REFUSE, RECYCLABLES, AND RETURNABLES 158

5-501 Facilities on the Premises 158

6-1 MATERIALS FOR CONSTRUCTION AND REPAIR 164

6-101 Indoor Areas 164

6-2 DESIGN, CONSTRUCTION, AND INSTALLATION 165

6-201 Cleanability 165

6-301 Handwashing Sinks 171

6-4 LOCATION AND PLACEMENT 174

6-401 Handwashing Sinks 174

6-5 MAINTENANCE AND OPERATION 175