Effective Date
July 1, 2007
FOOD ESTABLISHMENTS IN NEBRASKA
Including the
FOOD CODE
as adopted by reference pursuant to
Nebraska Revised Statutes, section 81-2,257.01
and
selected sections of the
NEBRASKA PURE FOOD ACT
Nebraska Revised Statutes, section 81-2,239, et seq.
The Food Code is taken from the 2005 Recommendations of the United States Public Health Service, Food and Drug Administration. The Code sections are designated by the number 1-101.10 to 8-501.40
The sections taken from the Pure Food Act are designated by the numbers 81-2,272.02 to 81-2,292.
Chapter 1 - Purpose and Definitions
Chapter 2 - Management and Personnel
Chapter 3 - Food
Chapter 4 - Equipment, Utensils, and Linens
Chapter 5 - Water, Plumbing, and Waste
Chapter 6 - Physical Facilities
Chapter 7 - Poisonous or Toxic Materials
Chapter 8 - Compliance and Enforcement
Title
Intent
Scope
Applicability and Terms Defined
(B) Terms Defined. As used in this Code, each of the terms listed in ¶ 1-
201.10(B) shall have the meaning stated below.
(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.
(2) "Color additive" has the meaning stated in the Federal Food, Drug, and Cosmetic
Act, § 201(t) and 21 CFR 70.3(f).
"Approved" means acceptable to the regulatory authority based on a determination of
conformity with principles, practices, and generally recognized standards that protect
public health.
Asymptomatic.
(2) "Asymptomatic" includes not showing symptoms because symptoms have resolved
or subsided, or because symptoms never manifested.
"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.
81-2,242.01. "Caterer" shall mean a person in the business of providing food to a
customer for parties, banquets, or other similar functions at a location owned, rented, or
otherwise controlled by the customer.
"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.
(2) "CIP" does not include the cleaning of equipment such as band saws, slicers, or
mixers that are subjected to in-place manual cleaning without the use of a CIP system.
"Commingle" means:
(2) To combine shucked shellfish from containers with different container codes
or different shucking dates.
(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.
"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.
"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.
81-2,242.03. "Convenience store" shall mean a food establishment or section of an
establishment where the food offered to the consumer is intended for off-premise
consumption and there are no meat processing or produce processing areas.
"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 Item.
(2) "Critical item" is an item that is denoted in this Code with an asterisk *.
"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.
(2) "Drinking water" is traditionally known as "potable water."
(3) "Drinking water" includes the term "water" except where the term used connotes
that the water is not potable, such as "boiler water," "mop water," "rainwater,"
"wastewater," and "nondrinking" water.
Easily Cleanable.
(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.
(b) The need for a different degree of cleanability for a utilitarian attachment or
accessory in the kitchen as opposed to a decorative attachment or accessory in the
consumer dining area.
(2) 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.
(2) "Egg" does not include:
(b) The egg of reptile species such as alligator; or
(c) An egg product.
(2) "Egg Product" does not include food which contains eggs only in a relatively small
proportion such as cake mixes.
"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, who
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
026:H11; E.coli 0145: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.
(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.
"FDA" means the U.S. Food and Drug Administration.
Fish.
(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.
"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:
(2) A surface of equipment or a utensil from which food may drain, drip, or splash:
(b) Onto a surface normally in contact with food.
81-2,245.01. "Food establishment" shall mean an operation that stores, prepares,
packages, serves, vends, or otherwise provides food for human consumption. The term
does not include:
(2) A produce stand that only offers whole, uncut fresh fruits and vegetables;
(3) A food processing plant;
(4) A salvage operation;
(5) A private home where food is prepared or served for personal use, a small day care
in the home, or a hunting lodge, guest ranch, or other operation where no more than ten
paying guests eat meals in the home;
(6) A private home or other area where food that is not potentially hazardous food is
prepared: (a) For sale or service at a religious, charitable, or fraternal organization's
bake sale or similar function; or (b) for sale directly to the consumer at a farmers market
if the consumer is informed by a clearly visible placard at the sale location that the food
was prepared in a kitchen that is not subject to regulation and inspection by the
regulatory authority;
(7) A private home or other area where food is prepared for distribution at a fundraising
event for a charitable purpose if the consumer is informed by a clearly visible placard at
the serving location that the food was prepared in a kitchen that is not subject to
regulation and inspection by the regulatory authority. This subdivision does not apply to
a caterer or other establishment providing food for the event if the caterer or
establishment receives compensation for providing the food;
(8) The location where food prepared by a caterer is served so long as the caterer only
minimally handles the food at the serving location;
(9) Educational institutions, health care facilities, nursing homes, and governmental
organizations which are inspected by a state agency or a political subdivision other than
the regulatory authority for sanitation in the food preparation area;
(10) A pharmacy as defined in section 71-425 if the pharmacy only sells prepackaged
pharmaceutical, medicinal, or health supplement foods that are not potentially
hazardous or foods described in subdivision (1) of this section; and
(11) An establishment which is not a commercial food establishment and which sells
only commercially packaged foods that are not potentially hazardous foods.
Game Animal.
(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.
"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 Critical Control Point principles developed by The
National Advisory Committee on Microbiological Criteria for Foods.
Handwashing Sink.
(2) "Handwashing sink" includes an automatic handwashing facility.
"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.
"Highly susceptible population" means persons who are more likely than other people in
the general population to experience foodborne disease because they are:
(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.
(2) The nature, severity, and duration of the anticipated injury.
81-2,248. "Itinerant Food Vendor" shall mean a person that sells prepackaged,
potentially hazardous food from an approved source at a nonpermanent location such
as a farmers market, craft show, or county fair.
Juice.
(2) "Juice" does not include, for purposes of HACCP, liquids, purées, or
concentrates that are not used as beverages or ingredients of beverages.
"Law" means applicable local, state, and federal statutes, regulations, and ordinances.
81-2,251.02. "Licensed beverage establishment" shall mean an establishment that
serves alcoholic beverages and may or may not provide limited food service.
81-2,251.03. "Limited food service establishment" shall mean an establishment that
serves or otherwise provides only snack items or commercially prepared and wrapped
foods that require little or no preparation.
81-2,251.01. "Limited food vending machine" shall mean a vending machine which does
not dispense potentially hazardous food.
"Linens" means fabric items such as cloth hampers, cloth napkins, table cloths, wiping
cloths, and work garments including cloth gloves.
Major Food Allergen.
(b) A food ingredient that contains protein derived from a food, as specified in
Subparagraph (1)(a) of this definition.
(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).
"mg/L" means milligrams per liter, which is the metric equivalent of parts per million
(ppm).
81-2,251.04. "Mobile food unit" shall mean a vehicle mounted food establishment
designed to be readily movable that returns to a commissary daily for cleanup and
service.
"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.
Packaged.
(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 holder" means the entity that:
(2) Possesses a valid permit to operate a food establishment.
81-2,251.05 "Person in charge" shall mean the individual who is responsible for the
operation of the food establishment and who is present at the establishment or is readily
accessible to communicate with employees and the regulatory authority.
Personal Care Items.
(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.
"Plumbing fixture" means a receptacle or device that:
(2) Discharges used water, waste materials, or sewage directly or indirectly to the
drainage system of the premises.
"Poisonous or toxic materials" means substances that are not intended for ingestion and
are included in 4 categories:
(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.
(2) "Potentially hazardous food (time/temperature control for safety food)" includes:
(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:
(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:
(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
(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.
(2) The physical facility, its contents, and the land or property not described under
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.
"Public water system" has the meaning stated in 40 CFR 141 National Primary Drinking
Water Regulations.
81-2,251.06. "Pushcart" shall mean a non-self-propelled vehicle limited to serving food
which is not potentially hazardous or commissary wrapped food maintained at
temperatures in compliance with the Nebraska Pure Food Act or limited to the
preparation and serving of frankfurters.
"Ratite" means a flightless bird such as an emu, ostrich, or rhea.
Ready-to-Eat Food.
(b) Is a raw or partially cooked animal food and the consumer is advised as specified
under Subparagraphs 3-401.11(D)(1) and (2); or
(c) Is prepared in accordance with a variance that is granted as specified in
Subparagraphs 3-401.11(D)(1) and (3); and
(d) May receive additional preparation for palatability or aesthetic, epicurean,
gastronomic, or culinary purposes.
(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.
(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.
(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 crimpled closed. The bagged food is
rapidly chilled and refrigerated at temperatures that inhibit the growth of psychotrophic
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 psychotrophic pathogens.
81-2,252 "Regulatory authority" shall mean the department or a political subdivision or
state agency under contract with the department to perform regulatory functions
authorized pursuant to the Nebraska Pure Food Act.
"Reminder" means a written statement concerning the health risk of consuming animal
foods raw, undercooked, or without otherwise being processed to eliminate pathogens.
"Re-service" means the transfer of food that is unused and returned by a consumer after
being served or sold and in the possession of the consumer, to another person.
"Restrict" means to limit the activities of a food employee so that there is no risk of
transmitting a disease that is transmissible through food and the food employee does
not work with exposed food, clean equipment, utensils, linens, or unwrapped
single-service or single-use articles.
"Restricted 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:
(2) An additive that is used as specified in § 409 or 706 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.
"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.
(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.
"Smooth" means:
(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.
"Temperature measuring device" means a thermometer, thermocouple, thermistor, or
other device that indicates the temperature of food, air, or water.
"Temporary food establishment" means a food establishment that operates for a period
of no more than 14 consecutive days in conjunction with a single event or celebration.
"USDA" means the U.S. Department of Agriculture.
"Utensil" means a food-contact implement or container used in the storage, preparation,
transportation, dispensing, sale, or service of food, such as kitchenware or tableware
that is multiuse, single-service, or single-use; gloves used in contact with food;
temperature sensing probes of food temperature measuring devices; and probe-type
price or identification tags used in contact with food.
"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" means a self-service device that, upon insertion of a coin, paper
currency, token, card, or key, or by optional manual operation, dispenses unit servings
of food in bulk or in packages without the necessity of replenishing the device between
each vending operation.
"Vending machine location" means the room, enclosure, space, or area where one or
more vending machines are installed and operated and includes the storage areas and
areas on the premises that are used to service and maintain the vending machines.
"Warewashing" means the cleaning and sanitizing of utensils and food-contact surfaces
of equipment.
"Whole-muscle, intact beef" means whole muscle beef that is not injected, mechanically
tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut.
Responsibility
Knowledge
2-102.20 Food Protection Manager Certification.
Duties
(B) Persons unnecessary to the food establishment operation are not allowed in the
food preparation, food storage, or warewashing areas, except that brief visits and tours
may be authorized by the person in charge if steps are taken to ensure that exposed
food; clean equipment, utensils, and linens; and unwrapped single-service and
single-use articles are protected from contamination;
(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;
(D) Employees are effectively cleaning their hands, by routinely monitoring the
employees' handwashing;
(E) Employees are visibly observing foods as they are received to determine that they
are from approved sources, delivered at the required temperatures, protected from
contamination, unadulterated, and accurately presented, by routinely monitoring the
employees' observations and periodically evaluating foods upon their receipt;
(F) Employees are properly cooking potentially hazardous food (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);
(G) Employees are using proper methods to rapidly cool potentially hazardous foods
(time/temperature control for safety food) that are not held hot or are not for
consumption within 4 hours, through daily oversight of the employees' routine
monitoring of food temperatures during cooling;
(H) Removed from Code.
(I) Employees are properly sanitizing cleaned multiuse equipment and utensils before
they are reused, through routine monitoring of solution temperature and exposure time
for hot water sanitizing, and chemical concentration, pH, temperature, and exposure
time for chemical sanitizing;
(J) Consumers are notified that clean tableware is to be used when they return to
self-service areas such as salad bars and buffets as specified under § 3-304.16;
(K) Removed from Code.
(L) Employees are properly trained in food safety as it relates to their assigned duties;
and
(M) Food Employees and conditional employees are informed of their responsibility to
report in accordance with law, to the person in charge, information about their health
and activities as they relate to diseases that are transmissible through food, as specified
under ¶ 2-201.11(A).
(b) Diarrhea,
(c) Jaundice,
(d) Sore throat with fever, or
(e) A lesion containing pus such as a boil or infected wound that is open or draining
and is:
(ii) On exposed portions of the arms, unless the lesion is protected by an
impermeable cover, or
(iii) On other parts of the body, unless the lesion is covered by a dry, durable, tight-
fitting bandage;
(b) Hepatitis A virus,
(c) Shigella spp.,
(d) Enterohemorrhagic or Shiga Toxin-Producing Escherichia coli, or
(e) Salmonella Typhi;
(4) Has been exposed to, or is the suspected source of, a confirmed disease
outbreak, because the food employee or 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:
(b) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, or Shigella spp.
within the past 3 days of the last exposure,
(c) Salmonella Typhi within the past 14 days of the last exposure; or
(d) Hepatitis A virus within the past 30 days of the last exposure; or
(b) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, or Shigella spp.
within the past 3 days of the last exposures,
(c) Salmonella Typhi within the past 14 days of the last exposure, or
(d) Hepatitis A virus within the past 30 days of the last exposure; or
(2) Diagnosed with an illness due to a pathogen as specified under Subparagraphs
(A)(2(a) - (e) of this section.
(2) Who will work as a food employee in a food establishment that serves 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).
(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).
(F) A food employee shall:
(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).
(2) Symptomatic with vomiting or diarrhea and diagnosed with an infection from
Norovirus, Shigella spp., or Enterohemorrhagic or Shiga toxin-producing E. coli.
(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; or
(3) Diagnosed with an infection from hepatitis A virus without developing symptoms.
(D) If a food employee is diagnosed with an infection from Norovirus and is
asymptomatic:
(2) Restrict the food employee who works in a food establishment not serving a
highly susceptible population.
(2) Restrict the food employee who works in a food establishment not serving
susceptible population.
(2) Restrict the food employee who works in a food establishment not serving a
highly susceptible population.
(2) Restrict the food employee who works in a food establishment not serving a
highly susceptible population.
(I) If a food employee is exposed to a foodborne pathogen as specified under
Subparagraphs 2-201.11 (A)(4) or (5), restrict the food employee who works in a food
establishment serving a highly susceptible population.
(b) Provides to the person in charge written medical documentation from a
health practitioner that states the symptom is from a noninfectious condition.
(b) Retain the exclusion for the food employee, who is asymptomatic for at least
24 hours and works in a food establishment that serves a highly susceptible population,
until the conditions for reinstatement as specified under Subparagraphs (D)(1) or (2) of
this section are met.
(b) Retain the exclusion for the food employee, who is asymptomatic for at least
24 hours and works in a food establishment that serves a highly susceptible population,
until the conditions for reinstatement as specified under Subparagraphs (E)(1) or (2), or
(E)(1) and (3)(a) of this section are met.
(b) Retain the exclusion for the food employee, who is asymptomatic for at least
24 hours and works in a food establishment that serves a highly susceptible population,
until the conditions for reinstatement as specified under Subparagraphs (F)(1) or (2)
are met.
(2) The anicteric food employee has been symptomatic with symptoms other than
jaundice for more than 14 days; 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.
(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.
(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
became asymptomatic; 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.
(b) At least 24 hours apart;
(3) The food employee was excluded or restricted and did not develop symptoms
and more than 7 calendar days have passed since the food employee was diagnosed.
(b) At least 24 hours apart;
(3) The food employee was excluded or restricted and did not develop symptoms
and more than 7 days have passed since the food employee was diagnosed.
(2) Has at least one negative throat specimen culture for Streptococcus pyogenes
infection; or
(3) Is otherwise determined by a health practitioner to be free of a Streptococcus
pyogenes infection.
(2) An impermeable cover on the arm if the infected wound or pustular boil is on the
arm; or
(3) A dry, durable, tight-fitting bandage if the infected wound or pustular boil is on
another part of the body.
(b) More than 48 hours have passed since the food employee's household contact
became asymptomatic.
(b) More than 3 calendar days have passed since the food employee's household
contact became asymptomatic.
(b) More than 14 calendar days have passed since the food employee's household
contact became asymptomatic.
(b) The food employee is immune to hepatitis A virus infection because of
vaccination against hepatitis A;
(c) The food employee is immune to hepatitis A virus infection because of IgG
administration;
(d) More than 30 calendar days have passed since the last day the food employee
was potentially exposed;
(e) More than 30 calendar days have passed since the food employee's household
contact became jaundiced; 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:
(ii) Proper handwashing procedures, and
(iii) Protecting ready-to-eat food from contamination introduced by bare hand
contact.
2-301.12* Cleaning Procedure. *
(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:
(2) Apply an amount of cleaning compound recommended by the cleaning
compound manufacturer;
(3) Rub together vigorously for at least 10 to 15 seconds while:
(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;
(5) Immediately follow the cleaning procedure with thorough drying using a method
as specified under § 6-301.12.
(D) If approved and capable of removing the types of soils encountered in the food
operations involved, an automatic handwashing facility may be used by food employees
to clean their hands or surrogate prosthetic devices.
2-301.14* When to Wash. *
(B) After using the toilet room;
(C) After caring for or handling service animals or aquatic animals as specified in
¶ 2-403.11(B);
(D) Except as specified in ¶ 2-401.11(B), after coughing, sneezing, using a
handkerchief or disposable tissue, using tobacco, eating, or drinking;
(E) After handling soiled equipment or utensils;
(F) During food preparation, as often as necessary to remove soil and contamination
and to prevent cross contamination when changing tasks;
(G) When switching between working with raw food and working with ready-to-eat
food;
(H) Before donning gloves for working with food; and
(I) After engaging in other activities that contaminate the hands.
2-301.16 Hand Antiseptics.
(b) Have active antimicrobial ingredients that are listed in the FDA monograph for
OTC Health-Care Antiseptic Drug Products as an antiseptic handwash, and
(b) Comply with and be listed in:
(ii) 21 CFR 182 - Substances Generally Recognized as Safe, 21 CFR 184 - Direct
Food Substances Affirmed as Generally Recognized as Safe, or 21 CFR 186 - Indirect
Food Substances Affirmed as Generally Recognized as Safe for use in contact with
food, and
(2) Limited to situations that involve no direct contact with food by the bare hands.
(2) This section does not apply to a food employee such as a counter staff person
who only serves beverages and wrapped or packaged foods, a host staff person, or a
wait staff person if he or she presents a minimal risk of contaminating exposed food,
clean equipment, utensils, and linens, and unwrapped single-service and single-use
articles.
(B) Unless wearing intact gloves in good repair, a food employee may not wear
fingernail polish or artificial fingernails when working with exposed food.
Outer Clothing
Food Contamination Prevention
(B) A food employee may drink from a closed beverage container if the container is
handled to prevent contamination of:
(2) The container; and
(3) Exposed food; clean equipment, utensils, and linens; and unwrapped single-service
and single-use articles.
Hair Restraints
(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.
(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).
Condition
Sources
(B) Food prepared in a private home may not be used or offered for human
consumption in a food establishment.
(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.
(D) Fish, other than molluscan shellfish, that are intended for consumption in their
raw form and allowed as specified in Subparagraph 3-401.11(C)(1) 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 frozen on the premises as specified under § 3-402.11
and records are retained as specified under §3-402.12.
(E) Removed from Code
(F) Meat and poultry that is not a ready-to-eat food and is in a packaged form when it
is offered for sale or otherwise offered for consumption, shall be labeled to include safe
handling instructions as specified in law, including 9 CFR 317.2(I) and 9 CFR
381.125(b).
(G) Eggs that have not been specifically treated to destroy all viable Salmonellae
shall be labeled to include safe handling instructions as specified in law, including 21
CFR 101.17(h).
3-201.13* Fluid Milk and Milk Products. *
3-201.14* Fish. *
(2) Approved for sale or service.
(B) Molluscan shellfish received in interstate commerce shall be from sources that
are listed in the Interstate Certified Shellfish Shippers List.
(B) This section does not apply to:
(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.
(b) Under a routine inspection program conducted by a regulatory agency other than
the agency that has animal health jurisdiction, and
(c) Raised, slaughtered, and processed according to:
(ii) Requirements which are developed by the agency that has animal health
jurisdiction and the agency that conducts the inspection program with consideration of
factors such as the need for antemortem and postmortem examination by an approved
veterinarian or veterinarian's designee;
(3) As allowed by law, for wild game animals that are live-caught:
(b) Slaughtered and processed according to:
(ii) Requirements which are developed by the agency that has animal health
jurisdiction and the agency that conducts the inspection program with consideration of
factors such as the need for antemortem and postmortem examination by an approved
veterinarian or veterinarian's designee; or
(b) Are field-dressed and transported according to requirements specified by the
agency that has animal health jurisdiction and the agency that conducts the inspection
program, and
(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.
(B) If a temperature other than 5°C (41°F) for a potentially hazardous food
(time/temperature control for safety food) is specified in law governing its distribution,
such as laws governing milk and molluscan shellfish, the food may be received at the
specified temperature.
(C) Raw eggs shall be received in refrigerated equipment that maintains an ambient
air temperature of 7°C (45°F) or less.
(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 57°C (135°F) or above.
(E) A food that is labeled frozen and shipped frozen by a food processing plant shall
be received frozen.
(F) Upon receipt, potentially hazardous food (time/temperature control for safety
food) shall be free of evidence of previous temperature abuse.
3-202.13* Eggs. *
3-202.14* Eggs and Milk Products, Pasteurized. *
(B) Fluid and dry milk and milk products shall:
(2) Comply with Grade A standards as specified in law.
(D) Cheese shall be obtained pasteurized unless alternative procedures to
pasteurization are specified in the CFR, such as 21 CFR 133 - Cheeses and related
cheese products, for curing certain cheese varieties.
3-202.16* Ice. *
3-202.17 Shucked Shellfish, Packaging and Identification.
(2) The "sell 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.
(b) The date of harvesting,
(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,
(d) The type and quantity of shellfish, and
(e) The following statement in bold, capitalized type: "This tag is required to be
attached until container is empty or retagged and thereafter kept on file for 90 days;"
and
(b) The original shipper's certification number including the abbreviation of the name
of the state or country in which the shellfish are harvested,
(c) The same information as specified for a harvester's tag under Subparagraphs
(A)(1)(b)-(d) of this section, and
(d) The following statement in bold, capitalized type: "This tag is required to be
attached until container is empty and thereafter kept on file for 90 days."
(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.
3-202.110 Juice Treated.
(B) Be obtained pasteurized or otherwise treated to attain a 5-log reduction of the
most resistant microorganism of public health significance as specified in 21 CFR Part
120.24 Process Controls.
(B) For display purposes, shellstock may be removed from the container in which they
are received, displayed on drained ice, or held in a display container, and a quantity
specified by a consumer may be removed from the display or display container and
provided to the consumer if:
(2) The shellstock are protected from contamination.
(2) The shellfish are protected from contamination.
(2) The labeling information as specified under § 3-202.17 is retained and
correlated with the date when, or dates during which, the shellfish are sold or served;
(3) The labeling information and dates specified under Subparagraph (D)(2) of this
section are maintained for 90 days; and
(4) The shellfish are protected from contamination.
(B) The identity of the source of shellstock that are sold or served shall be maintained
by retaining shellstock tags or labels for 90 calendar days from the dates of harvest:
(2) If shellstock are removed from their tagged or labeled container:
(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 consumer.
(2) Food employees shall be trained to wash their hands as specified in the act.
(3) Except when washing fruits and vegetables, food employees shall minimize bare
hand and arm contact with exposed food. This may be accomplished with the use of
suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing
equipment.
(4) Food employees not serving a highly susceptible population may contact
exposed, ready-to-eat food with their bare hands if they have washed their hands as
specified in the act prior to handling the food.
Preventing Food and Ingredient Contamination
(b) Cooked ready-to-eat food;
(b) Arranging each type of food in equipment so that cross contamination of one
type with another is prevented, and
(c) Preparing each type of food at different times or in separate areas;
(4) Except as specified under Subparagraph 3-501.15 (B)(2) and in ¶ (B) of this
section, storing the food in packages, covered containers, or wrappings;
(5) Cleaning hermetically sealed containers of food of visible soil before opening;
(6) Protecting food containers that are received packaged together in a case or
overwrap from cuts when the case or overwrap is opened;
(7) Storing damaged, spoiled, or recalled food being held in the food establishment
as specified under § 6-404.11; and
(8) Separating fruits and vegetables, before they are washed as specified under
§ 3-302.15 from ready-to-eat food.
(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.
3-302.13* Pasteurized Eggs, Substitute for Raw Eggs for Certain Recipes.
*
(B) Included in ¶ 3-401.11(D).
(2)Unsafe or unapproved levels of approved food and color additives.
(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.
(B) Fruits and vegetables may be washed by using chemicals as specified under §
7-204.12.
3-303.12 Storage or Display of Food in Contact with Water or Ice.
(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.
(B) Single-service and single-use articles.
(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
57°C (135°F) and the container is cleaned at a frequency specified under
Subparagraph 4-602.11(D)(7).
3-304.14 Wiping Cloths, Use Limitation.
(2) Used for no other purpose.
(2) Laundered daily as specified under ¶ 4-802.11(D).
(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.
(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.
(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.
(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).
(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 consumer if refilling is a contamination-free process as specified under
¶¶ 4-204.13(A), (B), and (D).
(2) Where it is not exposed to splash, dust, or other contamination; and
(3) At least 15 cm (6 inches) above the floor.
(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.
(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 condensed;
(H) Under open stairwells; or
(I) Under other sources of contamination.
3-305.14 Food Preparation.
Preventing Contamination by Consumers
3-306.12 Condiments, Protection.
(B) Condiments at a vending machine location shall be in individual packages or
provided in dispensers that are filled at an approved location, such as the food
establishment that provides food to the vending machine location, a food processing
plant that is regulated by the agency that has jurisdiction over the operation, or a
properly equipped facility that is located on the site of the vending machine location.
(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.
(C) Consumer self-service operations such as buffets and salad bars shall be
monitored by food employees trained in safe operating procedures. N
(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:
(2) The food, such as crackers, salt, or pepper, is in an unopened original package
and is maintained in sound condition.
Cooking
(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);
; or
(3) 74°C (165°F) 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 fish, meat,
poultry, or ratites.
; 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:
(2) Removed from Code.
(3) The steak is cooked on both the top and bottom to a surface temperature of
63°C (145°F) or above and a cooked color change is achieved on all external
surfaces.
(2) Removed from Code.
(3) 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:
(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.
(B) Covered to retain surface moisture;
(C) Heated to a temperature of at least 74°C (165°F) in all parts of the
food; and
(D) Allowed to stand covered for 2 minutes after cooking to obtain temperature
equilibrium.
Freezing
(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; or
(3) Frozen at -35°C (-31°F) or below until solid and stored at -20°C (-
4°F) or below for a minimum of 24 hours.
(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:
(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.
(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
aquaculturalist stipulating that the fish were raised and fed as specified in Subparagraph
3-402.11(B)(3) shall be obtained by the person in charge and retained in the records of
the food establishment for 90 calendar days beyond the time of service or sale of the
fish.
Reheating
(B) Except as specified under ¶ (C) of this section, potentially hazardous food
(time/temperature control for safety food) reheated in a microwave oven for hot holding
shall be reheated so that all parts of the food reach a temperature of at least 74°C
(165°F) and the food is rotated or stirred, covered, and allowed to stand covered
for 2 minutes after reheating.
(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 57°C (135°F) for hot
holding.
(D) Reheating for hot holding as specified under ¶¶ (A) – (C) of this
section shall be done rapidly and the time the food is between the temperature
specified under Subparagraph 3-501.16(A)(2) and the temperature specified under
¶¶ (A) – (C) of this section may not exceed 2 hours.
(E) Remaining unsliced portions of meat roasts that are cooked as specified under
¶ 3-401.11(B) may be reheated for hot holding using the oven parameters
and minimum time and temperature conditions specified under ¶
3-401.11(B).
(B) Labeled, if not treated to yield a 5-log reduction of the most resistant microorganism of
public health significance:
(2) As specified in 21 CFR 101.17(g) Food labeling, warning, notice, and safe handling
statements, Juices that have not been specifically processed to prevent, reduce, or eliminate the
presence of pathogens with the following, "WARNING: This product has not been pasteurized
and, therefore, may contain harmful bacteria that can cause serious illness in children, the
elderly, and persons with weakened immune systems."
3-501.12 Potentially Hazardous Food (Time/Temperature Control for Safety
Food), Slacking.
(B) At any temperature if the food remains frozen.
(B) Completely submerged under running water:
(2) With sufficient water velocity to agitate and float off loose particles in an
overflow, and
(3) For a period of time that does not allow thawed portions of ready-to-eat food to rise
above at 5°C (41°F), or 7°C (45°F) as specified under Subparagraph
3-501.16(A)(2); or
(4) For a period of time that does not allow thawed portions of a raw animal food requiring
cooking as specified under ¶ 3-401.11(A) or (B) to be above 5°C (41°F), or
7°C (45°F) as specified under Subparagraph 3-501.16(A)(2), for more than 4 hours
including:
(b) The time it takes under refrigeration to lower the food temperature to 5°C (41°F),
or 7°C (45°F) as specified under Subparagraph 3-501.16(A)(2);
(2) Thawed in a microwave oven and immediately transferred to conventional cooking
equipment, with no interruption in the process; or
(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).
(C) Except as specified ¶ (D) of this section, a potentially hazardous food
(time/temperature control for safety food) received in compliance with laws allowing a
temperature above 5°C (41°F) during shipment from the supplier as specified in
¶ 3-202.11(B), shall be cooled within 4 hours to 5°C (41°F) or less, or 7°C
(45°F) or less as specified under Subparagraph 3-501.16(A)(2)(b).
(D) Raw eggs shall be received as specified under ¶ 3-202.11(C) and immediately
placed in refrigerated equipment that maintains an ambient air temperature of 7°C
(45°F) or less.
(2) Separating the food into smaller or thinner portions;
(3) Using rapid cooling equipment;
(4) Stirring the food in a container placed in an ice water bath;
(5) Using containers that facilitate heat transfer;
(6) Adding ice as an ingredient; or
(7) Other effective methods.
(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.
(2) At a temperature specified in the following:
(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:
(ii) Within 5 years of the regulatory authority's adoption of this Code, the equipment is
upgraded or replaced to maintain food at a temperature of 5°C (41°F) or less.
(b) Four calendar days or less if the food is held refrigerated between forty-five degrees
Fahrenheit (seven degrees Celsius) and forty-one degrees Fahrenheit (five degrees Celsius).
(b) Four calendar days or less if the food is held refrigerated between forty-five degrees
Fahrenheit (seven degrees Celsius) and forty-one degrees Fahrenheit (five degrees Celsius).
This subsection does not apply to fermented sausages which retain an original casing or shelf
stable salt-cured products produced in a federally inspected food processing plant that are not
labeled "Keep Refrigerated" or to shelf stable, dry, fermented sausages when the face has been
cut, but the remaining portion is whole and intact.
(4) A date marking system that meets the criteria stated in subsections (1) and (2) of this section
may include:
(b) 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 subsection (1) of this section;
(c) 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 subsection (2) of this section; or
(d) Using calendar dates, days of the week, color-coded marks, or other effective marking
methods, if the marking system is disclosed to the regulatory authority upon request.
(6) Subsection (2) of this section does not apply to the following foods prepared and packaged
by a food processing plant inspected by a regulatory authority:
(b) Hard cheeses containing not more than thirty-nine percent moisture as defined in 21 C.F.R.
part 133, Cheeses and related cheese products, as such part existed on January 1, 2007, such as
cheddar, gruyere, parmesan and reggiano, and romano;
(c) Semi-soft cheeses containing more than thirty-nine percent moisture, but not more than fifty
percent moisture, as defined in 21 C.F.R. part 133, Cheeses and related cheese products, as such
part existed on January 1, 2007, such as blue, edam, gorgonzola, gouda, and monterey jack;
(d) Cultured dairy products as defined in 21 C.F.R. part 131, Milk and cream, as such part
existed on January 1, 2007, such as yogurt, sour cream, and buttermilk;
(e) Preserved fish products, such as pickled herring and dried or salted cod and other acidified
fish products, as defined in 21 C.F.R. part 114, Acidified foods, as such part existed on January
1, 2007;
(f) Shelf stable, dry fermented sausages, such as pepperoni and Genoa salami that are not labeled
"Keep Refrigerated" as specified in 9 C.F.R. part 317, Labeling, marking devices, and
containers, as such part existed on January 1, 2007, and which retain the original casing on the
product; and
(g) Shelf stable salt-cured products such as prosciutto and Parma (ham) that are not labeled
"Keep Refrigerated" as specified in 9 C.F.R. part 317, Labeling, marking devices, and
containers, as such part existed on January 1, 2007.
(b) Is in a container or package that does not bear a date or day; or
(c) Is appropriately marked with a date or day that exceeds a temperature and time combination
as specified in subsection (1) of section 81-2,272.24.
(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.
(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;
(3) The food shall be cooked and served, served if ready-to-eat, or discarded, within 4 hours
from the point in time when the food is removed from temperature control; and
(4) The food in unmarked containers or packages, or marked to exceed a 4-hour limit shall be
discarded.
(2) The food shall be monitored to ensure the warmest portion of the food does not exceed
21°C (70°F) during the 6-hour period, unless an ambient air temperature is maintained
that ensures the food does not exceed 21°C (70°F) during the 6-hour holding period;
(3) The food shall be marked or otherwise identified to indicate:
(b) The time that is 6 hours past the point in time when the food is removed from cold
holding temperature control;
(b) Cooked and served, served if ready-to-eat, or discarded, within a maximum of 6 hours
from the point in time when the food is removed from 5°C (41°F) or less cold holding
temperature control; and
(b) Has a pH of four and six-tenths or less; or
(c) Is a meat product cured and processed in the food establishment that at the time of
processing had a concentration of sodium nitrite of one hundred twenty milligrams per liter or
higher and has a brine concentration of at least three and one-half percent.
(3) Products packaged using a reduced oxygen method shall be maintained at forty-one
degrees Fahrenheit (five degrees Celsius) or below.
(4) Except as provided in subdivision (2) of this section, products packaged using a reduced
oxygen method shall be discarded if not sold within thirty days from processing if the food is
processed at the food establishment. Food processed by a food processing plant that has been
repackaged by the food establishment shall be discarded if not sold within fourteen days from
packaging by the food establishment or the original manufacturers "sell by" or "use by" date,
whichever occurs first.
(5) Except as provided in subdivision (2) of this section, products packaged using a reduced
oxygen method shall be labeled with a "sell by" or "use by" date which is not more than thirty
days from the date it was processed by the food establishment. Food processed by a food
processing plant that has been repackaged by the food establishment shall be labeled with a "sell
by" or "use by" date which is not more than fourteen days from the date it was repackaged by
the food establishment or the original manufacturer's "sell by" or "use by" date, whichever
occurs first.
(6) Food establishments which process and package food using a reduced oxygen method
shall have written policies for operational procedures that:
(b) Identify a designated area for reduced oxygen packaging which separates
raw foods and ready-to-eat foods to minimize cross contamination;
(c) Restrict access to the processing equipment to only responsible trained
personnel familiar with the potential hazards of the operation; and
(d) Delineate cleaning and sanitization procedures for food contact surfaces.
(8) A food establishment shall not package fish using a reduced oxygen method unless the
fish remains frozen before, during, and after packaging or a variance has been granted by the
regulatory authority.
3-601.12 Honestly Presented.
(B) Food or color additives, colored overwraps, or lights may not be used to
misrepresent the true appearance, color, or quality of a food.
(B) Label information shall include:
(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).
(6) Except as exempted in the Federal Food, Drug, and Cosmetic Act §
403(Q)(3)-(5), nutrition labeling as specified in 21 CFR 101 - Food
Labeling and 9 CFR 317 Subpart B Nutrition Labeling.
(7) For any salmonid fish containing canthaxanthin as a color additive, the
labeling of the bulk fish container, including a list of ingredients,
displayed on the retail container or by other written means, such as a
counter card, that discloses the use of canthaxanthin.
(2) A card, sign, or other method of notification that includes the information
specified under Subparagraphs (B)(1), (2), and (5) of this section.
(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.
(B) Food establishment or manufacturers' dating information on foods may not be
concealed or altered.
(B) Food that is not from an approved source as specified under § 3-201.11 - .17
shall be discarded.
(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.
(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.
(2) Prepackaged juice or a prepackaged beverage containing juice, that bears
a warning label as specified in 21 CFR, Section 101.17(g) Food Labeling,
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; 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 under 21 CFR Part 120 - Hazard Analysis And Critical Control
Point (HACCP) Systems, Subpart B Pathogen Reduction, 120.24 Process
controls.
(2) Except as specified in ¶ (F) of this section, recipes in which more
than one egg is broken and the eggs are combined;
(2) A partially cooked animal food such as lightly cooked fish, rare meat,
soft-cooked eggs that are made from raw eggs, and meringue; and
(3) Raw seed sprouts.
(E) Time only, as the public health control as specified under §3-501.19 (D), may not
be used for raw eggs.
(F) Subparagraph (B)(2) of this section does not apply if:
(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:
(b) Prohibits contacting ready-to-eat food with bare hands,
(c) Includes specifications and practices that ensure:
(ii) Salmonella Enteritidis is destroyed by cooking the eggs
according to the temperature and time specified in
Subparagraph 3-401.11(A)(2),
(ii) Delineate cleaning and sanitization procedures for
food-contact surfaces, and
(H) Food may not be re-served under the following conditions:
(2) Packages of food from any patients, clients, or other consumers should not
be re-served to persons in protective environment isolation.
Multiuse
(B) Durable, corrosion-resistant, and nonabsorbent;N
(C) Sufficient in weight and thickness to withstand repeated
warewashing;N
(D) Finished to have a smooth, easily cleanable surface;N and
(E) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and
decomposition.N
(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.
(B) Pewter alloys containing lead in excess of 0.05% may not be used as a food-contact
surface.
(C) Solder and flux containing lead in excess of 0.2% may not be used as a food-
contact surface.
(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.
4-101.16 Sponges, Use Limitation.
4-101.17 Wood, Use Limitation.
(B)Hard maple or an equivalently hard, close-grained wood may be used for:
(2) Wooden paddles used in confectionery operations for pressure scraping kettles when
manually preparing confections at a temperature of 110°C (230°F) or above.
(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:
(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.
4-101.19 Nonfood-Contact Surfaces.
Single-Service and Single-Use
(2) Impart colors, odors, or tastes to food;N and
(2) Clean.N
4-201.12* Food Temperature Measuring Devices. *
Cleanability
(2) Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections;
(3) Free of sharp internal angles, corners, and crevices;
(4) Finished to have smooth welds and joints; and
(5) Except as specified in ¶ (B) of this section, accessible for cleaning and inspection
by one of the following methods:
(b) By disassembling without the use of tools, 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.
(2) The system is self-draining or capable of being completely drained of
cleaning and sanitizing solutions; and
4-202.14 Hot Oil Filtering Equipment.
4-202.15 Can Openers.
4-202.16 Nonfood-Contact Surfaces.
4-202.17 Kick Plates, Removable.
(B) Removable or capable of being rotated open without unlocking equipment doors.
Accuracy
(B) Food temperature measuring devices that are scaled only in Fahrenheit shall be
accurate to ±2°F in the intended range of use.
(B) Ambient air and water temperature measuring devices that are scaled only in
Fahrenheit shall be accurate to ±3°F in the intended range of use.
Functionality
4-204.12 Equipment Openings, Closures and Deflectors.
(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.
(D) If a watertight joint is not provided:
(2) The opening shall be flanged as specified under ¶ (B) of this section.
(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:
(2) Available for self-service during hours when it is not under the full-time
supervision of a food employee; and
(B) Available for self-service during hours when it is not under the full-time
supervision of a food employee.
4-204.16 Beverage Tubing, Separation.
4-204.17 Ice Units, Separation of Drains.
4-204.18 Condenser Unit, Separation.
4-204.19 Can Openers on Vending Machines.
4-204.110 Molluscan Shellfish Tanks.
(B) Molluscan shellfish life-support system display tanks that are used to store and
display shellfish that are offered for human consumption shall be operated and
maintained in accordance with a variance granted by the regulatory authority as
specified in § 8-103.10 and a HACCP plan that:
(2) Ensures that:
(b) The safety and quality of the shellfish as they were received are
not compromised by the use of the tank, and
(c) The identity of the source of the shellstock is retained as specified under §
3-203.12.
(b) If a condition specified under subsection (1)(a) of this section occurs, until the vending
machine is serviced and restocked with food that has been maintained at temperatures specified
under the Act.
(b) In a hot holding vending machine, the ambient temperature shall not be below one hundred
thirty five degrees Fahrenheit (fifty-seven degrees Celsius) for more than one hundred twenty
minutes immediately after the vending machine is filled, serviced, or restocked.
(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 1°C or 2°F in the intended range
of use.
(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.
4-204.115 Warewashing Machines, Temperature Measuring Devices.
(B) As the water enters the hot water sanitizing final rinse manifold or in the chemical
sanitizing solution tank.
(B) Provided with a rack or basket to allow complete immersion of equipment and
utensils into the hot water.
(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.
4-204.120 Equipment Compartments, Drainage.
4-204.121 Vending Machines, Liquid Waste Products.
(B) Vending machines that dispense liquid food in bulk shall be:
(2) Equipped with an automatic shutoff device that will place the machine out
of operation before the waste receptacle overflows.
4-204.123 Vending Machine Doors and Openings.
(2) Being effectively gasketed;
(3) Having interface surfaces that are at least 13 millimeters or one-half inch
wide; or
(4) Jambs or surfaces used to form an L-shaped entry path to the interface.
Equipment
4-301.12 Manual Warewashing, Sink Compartment Requirements.
(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.
(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:
(2) Low- or line-pressure spray detergent foamers;
(3) Other task-specific cleaning equipment;
(4) Brushes or other implements;
(5) Removed from Code;
(6) Receptacles that substitute for the compartments of a multicompartment
sink.
(E) Removed from Code.
4-301.14 Ventilation Hood Systems, Adequacy.
4-301.15 Clothes Washers and Dryers.
(B) If on-premises laundering is limited to wiping cloths intended to be used moist, or
wiping cloths are air-dried as specified under § 4-901.12, a mechanical
clothes washer and dryer need not be provided.
4-302.12 Food Temperature Measuring Devices.
(B) Removed from Code.
4-302.14 Sanitizing Solutions, Testing Devices.
Location
(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.
(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-service and single-use articles.
(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.
(2) Elevated on legs as specified under ¶ 4-402.12(D).
(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:
(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
(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.
4-501.13 Microwave Ovens.
4-501.14 Warewashing equipment, Cleaning Frequency.
(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.
(B) A warewashing machine's conveyor speed or automatic cycle times shall be
maintained accurately timed in accordance with manufacturer's specifications.
(B) If a warewashing sink is used to wash wiping cloths, wash produce, or thaw food,
the sink shall be cleaned as specified under § 4-501.14 before and after each
time it is used to wash wiping cloths or wash produce or thaw food. Sinks used to
wash or thaw food shall be sanitized as specified under Part 4-7 before and after
using the sink to wash produce or thaw food.
4-501.18 Warewashing Equipment, Clean Solutions.
4-501.19 Manual Warewashing Equipment, Wash Solution Temperature.
4-501.110 Mechanical Warewashing Equipment, Wash Solution Temperature.
(2) For a stationary rack, dual temperature machine, 66°C (150°F);
(3) For a single tank, conveyor, dual temperature machine, 71°C
(160°F); or
(4) For a multitank, conveyor, multitemperature machine, 66°C
(150°F).
4-501.112 Mechanical Warewashing Equipment, Hot Water Sanitization
Temperatures.
(2) For all other machines, 82°C (180°F).
4-501.114* Manual and Mechanical Warewashing Equipment, Chemical
Sanitization - Temperature, pH, Concentration, and Hardness.
*
(B) An iodine solution shall have a:
(2) pH of 5.0 or less or a pH no higher than the level for which the
manufacturer specifies the solution is effective, and
(3) Concentration between 12.5 mg/L and 25 mg/L;
(2) Have a concentration as specified under § 7-204.11 and as indicated
by the manufacturer's use directions included in the labeling, and
(3) Be used only in water with 500 mg/L hardness or less or in water having a
hardness no greater than specified by the manufacturer's label;
(E) If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium
compound is used, it shall be applied in accordance with the manufacturer's use
directions included in the labeling.
4-501.116 Warewashing Equipment, Determining Chemical Sanitizer
Concentration.
4-502.11 Good Repair and Calibration.
(B) Food temperature measuring device shall be calibrated in accordance with
manufacturer's specifications as necessary to ensure their accuracy.
(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.
4-502.13 Single-Service and Single-Use Articles, Use Limitation.
(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.
4-601.11* Equipment, Food-Contact Surfaces, Nonfood-Contact Surfaces, and
Utensils. *
(B) The food-contact surfaces of cooking equipment and pans shall be kept free of
encrusted grease deposits and other soil accumulations.N
(C) Nonfood-contact surfaces of equipment shall be kept free of an accumulation of
dust, dirt, food residue, and other debris.N
(2) Each time there is a change from working with raw foods to working with
ready-to-eat foods;
(3) Between uses with raw fruits and vegetables and with potentially
hazardous food (time/temperature control for safety food);
(4) Before using or storing a food temperature measuring device; and
(5) At any time during the operation when contamination may have occurred.
(C) Except as specified in ¶ (D) of this section, if used with potentially
hazardous food (time/temperature control for safety food), equipment
food-contact surfaces and utensils shall be cleaned throughout the day at least
every 4 hours.
(D) Surfaces of utensils and equipment contacting potentially hazardous food
(time/temperature control for safety food) may be cleaned less frequently than
every 4 hours if:
(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:
(b) The cleaning frequency based on the ambient temperature of the refrigerated room or
area is documented in the food establishment.
(4) Temperature measuring devices are maintained in contact with food, such
as when left in a container of deli food or in a roast, held at temperatures
specified under Chapter 3;
(5) Equipment is used for storage of packaged or unpackaged food such as a
reach-in refrigerator and the equipment is cleaned at a frequency
necessary to preclude accumulation of soil residues;
(6) The cleaning schedule is approved based on consideration of:
(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
(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, beverage and syrup dispensing lines
or tubes, coffee bean grinders, and water vending equipment:
(b) Absent manufacturer specifications, at a frequency necessary to
preclude accumulation of soil or mold.
(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.
4-603.11 Dry Cleaning.
(B) Cleaning equipment used in dry cleaning food-contact surfaces may not be used
for any other purpose.
(B) If necessary for effective cleaning, utensils and equipment shall be preflushed,
presoaked, or scrubbed with abrasives.
(B) Allows the items to drain.
(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.
(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 ¶ 4-603.14(A).
(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;
(2) A warewashing system for CIP equipment;
(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:
(2) Wasted immediately after each application; or
(B) A food-specific container for beverages may be refilled at a food establishment if:
(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:
(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.
Frequency
Methods
(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 71°C (160°F) as measured
by an irreversible registering temperature indicator; 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 by providing:
(2) An exposure 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 38°C
(100°F) or a pH of 8 or less and a temperature of at least 24°C
(75°F),
(3) An exposure time of at least 30 seconds for other chemical sanitizing
solutions, or
(4) An exposure time used in relationship with a combination of temperature,
concentration, and pH that, when evaluated for efficacy, yields
sanitization as defined in Subparagraph 1-201.10(B).
Frequency
(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) Removed from Code.
(D) Wet wiping cloths shall be laundered daily.
(E) Dry wiping cloths shall be laundered as necessary to prevent contamination of
food and clean serving utensils.
4-803.12 Mechanical Washing.
(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.
(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.
(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.
4-902.11 Food-Contact Surfaces.
4-902.12 Equipment.
Storing
(2) Where they are not exposed to splash, dust, or other contamination; and
(3) At least 15 cm (6 inches) above the floor.
(2) Covered or inverted.
(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.
(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) 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.
4-904.13 Preset Tableware.
(B) When tableware is present, exposed, unused settings shall be:
(2) Cleaned and sanitized before further use if the settings are not removed
when a consumer is seated.
Source
(B) A nonpublic water system that is constructed, maintained, and operated according
to law.
5-101.13* Bottled Drinking Water. *
Quality
(B) Water from a nonpublic water system shall meet state drinking water quality
standards.
(B) Nondrinking water shall be used only for nonculinary purposes such as air
conditioning, nonfood equipment cooling, fire protection, and irrigation.
5-102.14 Sample Report.
5-103.11* Capacity. *
(B) Hot water generation and distribution systems shall be sufficient to meet the peak
hot water demands throughout the food establishment.
(2) (Replaces 2005 Food Code 5-104.11) Receive water through
the use of an approved water main;
(3) Have a permanent plumbing system; and
(4) (Replaces 2005 Food Code 5-203.12) Have at least one
toilet which is permanent, convenient and accessible.
(B) One or more closed portable water containers;
(C) An enclosed vehicular water tank;
(D) An on-premises water storage tank; or
(E) Piping, tubing, or hoses connected to an adjacent approved source.
(B) A water filter shall be made of safe materials.
(B) A plumbing fixture such as a handwashing facility, toilet, or urinal shall be easily
cleanable. N
(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.
5-202.14 Backflow Prevention Device, Design Standard.
5-202.15 Conditioning Device, Design.
Numbers and Capacities
(B) If approved and capable of removing the types of soils encountered in the food
operations involved, automatic handwashing facilities may be substituted for
handwashing sinks in a food establishment that has at least one handwashing sink.
(C) If approved, when food exposure is limited and handwashing sinks are not
conveniently available, such as in some mobile or temporary food establishments
or at some vending machine locations, employees may use chemically treated
towelettes for handwashing.
5-203.13 Service Sink.
5-203.14* Backflow Prevention Device, When Required. *
(B) Installing an approved backflow prevention device as specified under §
5-202.14.
(B) A single or double 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 the ¶(A) of this section.
(B) In, or immediately adjacent to, toilet rooms.
5-204.13 Conditioning Device, Location.
Operation and Maintenance
(B) A handwashing sink may not be used for purposes other than handwashing.
(C) An automatic handwashing facility shall be used in accordance with
manufacturer's instructions.
(B) The piping of a nondrinking water system shall be durably identified so that it is
readily distinguishable from piping that carries drinking water.N
5-205.14* Water Reservoir of Fogging Devices, Cleaning. *
(2) Cleaned in accordance with manufacturer's specifications or according to
the procedures specified under ¶ (B) of this section, whichever is
more stringent.
(2) Brush-cleaning the reservoir, aerosol tubing, and discharge nozzles with a
suitable detergent solution;
(3) Flushing the complete system with water to remove the detergent solution
and particulate accumulation; and
(4) Rinsing by immersing, spraying, or swabbing the reservoir, aerosol
tubing, and discharge nozzles with at least 50 mg/L hypochlorite solution.
(B) Maintained in good repairs.S
(B) Durable, corrosion-resistant, and nonabsorbent; and
(C) Finished to have a smooth, easily cleanable surface.
(B) Sloped to an outlet that allows complete drainage of the tank.
(B) Equipped with a port cover assembly that is:
(2) Flanged to overlap the opening and sloped to drain.
5-302.14 Tank Vent, Protected.
(B) A protective filter when the vent is in an area that is not protected from
windblown dirt and debris.
(B) A water tank inlet shall be positioned so that it is protected from contaminants
such as waste discharge, road dust, oil, or grease.
(B) Durable, corrosion-resistant, and nonabsorbent;
(C) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and
decomposition;
(D) Finished with a smooth interior surface, and
(E) Clearly durably identified as to its use if not permanently attached.
5-303.12 Protective Cover or Device.
5-303.13 Mobile Food Establishment Tank Inlet.
(B) Provided with a hose connection of a size or type that will prevent its use for any
other service.
5-304.12 Using a Pump and Hoses, Backflow Prevention.
5-304.13 Protecting Inlet, Outlet, and Hose Fitting.
5-304.14 Tank, Pump, and Hoses, Dedication.
(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.
(B) Sloped to a drain that is 25 mm (1 inch) in inner diameter or greater, equipped
with a shut-off valve.
5-402.11* Backflow Prevention. *
(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.
(D) If allowed by law, a warewashing or culinary sink may have a direct connection.
5-402.13* Conveying Sewage. *
5-402.14 Removing Mobile Food Establishment Wastes.
5-402.15 Flushing a Waste Retention Tank.
Disposal Facility
(B) An individual sewage disposal system that is sized, constructed, maintained, and
operated according to law.
Facilities on the Premises, Materials, Design, Construction, and Installation
5-501.11 Outdoor Storage Surface.
5-501.12 Outdoor Enclosure.
5-501.13 Receptacles.
(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.
5-501.15 Outside Receptacles.
(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.
(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.
5-501.18 Cleaning Implements and Supplies.
(B) If approved, off-premises-based cleaning services may be used if on-premises
cleaning implements and supplies are not provided.
(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.
5-501.111 Areas, Enclosures, and Receptacles, Good Repair.
5-501.112 Outside Storage Prohibitions.
(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.
(2) After they are filled; and
5-501.115 Maintaining Refuse Areas and Enclosures.
5-501.116 Cleaning Receptacles.
(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.
5-502.12 Receptacles or Vehicles.
(B) A transport vehicle that is constructed, maintained, and operated according to law.
Indoor Areas
(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.
(2) Walls and ceilings may be constructed of a material that protects the
interior from the weather and windblown dust and debris.
(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.
6-201.12 Floors, Walls, and Ceilings, Utility Lines.
(B) Exposed utility service lines and pipes shall be installed so they do not obstruct or
prevent cleaning of the floors, walls, or ceilings.
(C) Exposed horizontal utility service lines and pipes may not be installed on the floor.
(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.
(B) If carpeting is installed as a floor covering in areas other than those specified
under ¶ (A) of this section, it shall be:
(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.
6-201.16 Wall and Ceiling Coverings and Coatings.
(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.
(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.
Functionality
(B) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas
used only for storing food in unopened packages, if:
(2) The packages are capable of being cleaned of debris from broken bulbs
before the packages are opened.
6-202.13 Insect Control Devices, Design and Installation.
(B) Insect control devices shall be installed so that:
(2) Dead insects and insect fragments are prevented from being impelled onto
or falling on exposed food; clean equipment, utensils, and linens; and
unwrapped single-service and single-use articles.
6-202.15 Outer Openings, Protected.
(2) Closed; tight-fitting windows; and
(3) Solid, self-closing, tight-fitting doors.
(C) Exterior doors used as exits need not be self-closing if they are:
(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.
(2) Properly designed and installed air curtains to control flying insects; or
(3) Other effective means.
6-202.17 Outdoor Food Vending Areas, Overhead Protection.
6-202.18 Outdoor Servicing Areas, Overhead Protection.
6-202.19 Outdoor Walking and Driving Surfaces, Graded to Drain.
6-202.110 Outdoor Refuse Areas, Curbed and Graded to Drain.
6-202.111 Private Homes and Living or Sleeping Quarters, Use Prohibition.
6-202.112 Living or Sleeping Quarters, Separation.
Handwashing Sinks
6-301.11 Handwashing Cleanser, Availability.
6-301.12 Hand Drying Provision.
(B) A continuous towel system that supplies the user with a clean towel; or
(C) A heated-air hand drying device.
6-301.20 Disposable Towels, Waste Receptacle.
Toilets and Urinals
6-302.11 Toilet Tissue, Availability.
Lighting
(B) At least 215 lux (20 foot candles):
(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
Dressing Areas and Lockers
(B) Lockers or other suitable facilities shall be provided for the orderly storage of
employees' clothing and other possessions.
Handwashing Sinks
Toilet Rooms
Employee Accommodations
(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.
Refuse, Recyclables, and Returnables
Premises, Structures, Attachments, and Fixtures – Methods
6-501.12 Cleaning, Frequency and restrictions.
(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.
(B) Spills or drippage on floors that occur between normal floor cleaning times may
be cleaned:
(2) In the case of liquid spills or drippage, with the use of a small amount of
absorbent compound such as sawdust or diatomaceous earth applied
immediately before spot cleaning.
(B) If vented to the outside, ventilation systems may not create a public health hazard
or nuisance or unlawful discharge.
6-501.16 Drying Mops.
6-501.17 Absorbent Materials on Floors, Use Limitation.
6-501.18 Cleaning of Plumbing Fixtures.
6-501.19 Closing Toilet Room Doors.
6-501.110 Using Dressing Rooms and Lockers.
(B) Lockers or other suitable facilities shall be used for the orderly storage of
employee clothing and other possessions.
(B) Routinely inspecting the premises for evidence of pests;N
(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; and
(D) Eliminating harborage conditions.N
6-501.113 Storing Maintenance Tools.
(B) Stored in an orderly manner that facilitates cleaning the area used for storing the
maintenance tools.
(B) Litter.
(B) Live animals may be allowed in the following situations if the contamination of
food; clean equipment, utensils, and linens; and unwrapped single-service and
single-use articles can not result:
(2) Patrol dogs accompanying police or security officers in offices and dining,
sales, and storage areas, and sentry dogs running loose in outside fenced
areas;
(3) In areas that are not used for food preparation and that are usually open for
customers, such as dining and sales areas, service animals that are
controlled by the disabled employee or person, if a health or safety hazard
will not result from the presence or activities of the service animal;
(4) Pets in the common dining areas of institutional care facilities such as
nursing homes, assisted living facilities, group homes, or residential care
facilities at times other than during meals if:
(b) Condiments, equipment, and utensils are stored in enclosed
cabinets or removed from the common dining areas when pets are
present, and
(c) Dining areas including tables, countertops, and similar surfaces are
effectively cleaned before the next meal service; and
Original Containers
Working Containers
Storage
7-201.11* Separation. *
(B) Locating the poisonous or toxic materials in an area that is not above food,
equipment, utensils, linens, and single-service or single-use articles. This
paragraph does not apply to equipment and utensil cleaners and sanitizers that are
stored in warewashing areas for availability and convenience if the materials are
stored to prevent contamination of food, equipment, utensils, linens, and
single-service and single-use articles.
(B) Paragraph (A) of this section does not apply to packaged poisonous or toxic
materials that are for retail sale.
(2) Manufacturer's use directions included in labeling, and, for a pesticide,
manufacturer's label instructions that state that use is allowed in a food
establishment,
(3) The conditions of certification, if certification is required, for use of the
pest control materials, and
(4) Additional conditions that may be established by the regulatory authority;
and
(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:
(b) Covering the items with impermeable covers, or
(c) Taking other appropriate preventive actions, and
(d) Cleaning and sanitizing equipment and utensils after the
application.
Chemicals
7-204.12* Chemicals for Washing Fruits and Vegetables, Criteria.
*
7-204.13* Boiler Water Additives, Criteria. *
7-204.14* Drying Agents, Criteria. *
(2) Generally recognized as safe for the intended use as specified in 21 CFR
186 - Indirect Food Substances Affirmed as Generally Recognized as
Safe,
(3) Approved for use as a drying agent under a prior sanction specified in 21
CFR 181 - Prior-Sanctioned Food Ingredients,
(4) Specifically regulated as an indirect food additive for use as a drying agent
as specified in 21 CFR Parts 175-178, 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; and
Pesticides
7-206.12* Rodent Bait Stations. *
7-206.13* Tracking Powders, Pest Control and Monitoring. *
(B) If used, a nontoxic tracking powder such as talcum or flour may not contaminate
food, equipment, utensils, linens, and single-service and single-use
articles.N
(B) Medicines that are in a food establishment for the employees' use shall be labeled
as specified under § 7-101.11 and located to prevent the contamination of food,
equipment, utensils, linens, and single-service and single-use articles.
(B) Located so they are inaccessible to children.
(B) Stored in a kit or a container that is located to prevent the contamination of food,
equipment, utensils, and linens, and single-service and single-use articles.S
Storage and Display
(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.
Variances
8-103.11 Documentation of Proposed Variance and Justification.
(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; 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.
(2) Monitoring of the critical control points,
(3) Verification of the effectiveness of the operation or process, and
(4) Necessary corrective actions if there is failure at a critical control point.
8-201.13 When a HACCP Plan is Required.
(2) Removed.
(3) Removed.
(B) A flow diagram by specific food or category type identifying critical control
points and providing information on the following:
(2) Formulations or recipes that delineate methods and procedural control
measures that address the food safety concerns involved;
(D) A statement of standard operating procedures for the plan under consideration
including clearly identifying:
(2) The critical limits for each critical control point,
(3) The method and frequency for monitoring and controlling each critical
control point by the food employee designated by the person in charge,
(4) The method and frequency for the person in charge to routinely verify that
the food employee is following standard operating procedures and
monitoring critical control points,
(5) Action to be taken by the person in charge if the critical limits for each
critical control point are not met, and
(6) Records to be maintained by the person in charge to demonstrate that the
HACCP plan is properly operated and managed; and
(B) The regulatory authority may increase the interval between inspections beyond 6
months if:
(2) 81-2,288.02 The regulatory authority may increase
the interval between inspections beyond six months if the food
establishment is assigned a less frequent inspection frequency based on a
written risk-based inspection schedule that is being uniformly applied
throughout the jurisdiction; or
(3) The establishment's operation involves only coffee service and other
unpackaged or prepackaged food that is not potentially hazardous
(time/temperature control for safety food) such as carbonated beverages
and snack food such as chips, nuts, popcorn, and pretzels.
(2) Has inexperienced food employees.
(B) Past performance, for numerous or repeat violations of Code or HACCP plan
requirements that are noncritical;
(C) Past performance, for complaints investigated and found to be valid;
(D) The hazards associated with the particular foods that are prepared, stored, or
served;
(E) The type of operation including the methods and extent of food storage,
preparation, and service;
(F) The number of people served; and
(G) Whether the population served is a highly susceptible population.
Access
Report of Findings
(b) Specific factual observations of violative conditions, omissions, or other
deviations from the requirements of the Nebraska Pure Food Act that
require correction by the permitholder; and
(c)Whether the violations listed are critical or repeated.
(3) All procedures and requirements related to the inspection of food establishments
in the act apply to food processing plants and salvage operations.
(4) The completed inspection report form is a public document that shall be made
available for public disclosure to any person who requests it according to
law.
8-403.40 Refusal to Sign Acknowledgment.
(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) 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 critical item or HACCP plan deviations.
(B) Removed.
(B) The regulatory authority may approve a compliance schedule that extends beyond
the time limits specified under ¶ (A) of this section if a written schedule of
compliance is submitted by the permit holder and no health hazard exists or will
result from allowing an extended schedule for compliance.
(B) Requiring appropriate medical examinations, including collection of specimens
for laboratory analysis, of a suspected food employee or conditional employee.
(B) Excluding the food employee or conditional employee; or
(C) Closing the food establishment by summarily suspending a permit to operate in
accordance with law.
(B) States the evidence that the food employee or permit holder shall provide in order
to demonstrate that the reasons for the restriction or exclusion are eliminated;
(C) States that the suspected food employee or the permit holder may request an
appeal hearing by submitting a timely request as provided in law; and
(D) Provides the name and address of the regulatory authority representative to whom
a request for an appeal hearing may be made.
81-2,273 Permit Holder; duties; disciplinary action; effect; hearing;
reinstatement of permit
(2) A permitholder may be put on probation requiring such person to comply with the
conditions set out in an order of probation issued by the director after: (a) The
director determines the permitholder has not complied with subsection (1) of this
section; (b) the permitholder is given written notice to comply and written notice
of the right to a hearing to show cause why an order of probation should not be
issued; and (c) the director finds that issuing an order of probation is appropriate
based on the hearing record or on the available information if the hearing is
waived by the permitholder.
(3) A permit may be suspended after: (a) The director determines the permitholder has
not complied with subsection (1) of this section; (b) the permitholder is given written notice to
comply and written notice of the right to a hearing to show cause why the permit should not be
suspended; and
(c) the director finds that issuing an order suspending the permit is appropriate based on
the
hearing record or on the available information if the hearing is waived by the permitholder.
(4) A permit may be immediately suspended and the director may order the
permitholder's food establishment, food processing plant, or salvage operation closed prior to
hearing when: (a) The director determines an immediate danger to the public health, safety, or
welfare exists in or is caused by the permitholder's food establishment, food processing plant, or
salvage operation; and
(b) the permitholder receives the written notice to comply and written notice of the right to
a hearing to show cause why the suspension should not be sustained. Within fifteen days
after the suspension, the permitholder may request, in writing, a date for a hearing and the
director shall consider the interests of the permitholder when the director establishes the date and
time of the hearing, except that no hearing shall be held sooner than is reasonable under the
circumstances. When a permitholder does not request a hearing date within such fifteen-day
period, the director shall establish a hearing date and shall notify the permitholder of the date and
time of such hearing.
(5) A permit may be revoked after: (a) The director determines the permitholder has
committed
serious, repeated, or multiple violations of any of the requirements of subsection (1) of this
section; (b) the permitholder is given written notice to comply and written notice of the
right to a
hearing to show cause why the permit should not be revoked; and (c) the director finds that
issuing
an order revoking the permit is appropriate based on the hearing record or on the available
information if the hearing is waived by the permitholder.
(6) Any food establishment, food processing plant, or salvage operation for which the
permit has been
suspended shall close and remain closed until the permit is reinstated. Any food
establishment,
food processing plant, or salvage operation for which the permit has been revoked shall
close and
remain closed until a new permit is issued.
(7) The director may terminate proceedings to suspend or revoke a permit or to subject a
permitholder
to an order of probation at any time if the reasons for such proceedings no longer exist. A
permit
which has been suspended may be reinstated, a person with a revoked permit may be
issued a new
permit, or a permitholder may no longer be subject to an order of probation if the director
determines the conditions which prompted the suspension, revocation, or probation no
longer
exist.
(8) Proceedings for suspension, revocation, or probation shall not preclude the department
from
pursuing other civil or criminal actions.
1-101.10Food Code.
These provisions shall be known as the Food Code, hereinafter referred to as "this
Code."
1-102.10 Food Safety, Illness Prevention, and Honest Presentation.
The purpose of this Code is to safeguard public health and provide to consumers food
that is safe, unadulterated, and honestly presented.
1-103.10 Statement.
This Code establishes definitions; 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.
1-201.10 Statement of Application and Listing of Terms.
(A) The following definitions shall apply in the interpretation and application of
this Code.
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.
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).
"Adulterated" has the meaning stated in the Nebraska Pure Food Act , 81-2,282.
(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.
"aw" means water activity which is a measure of the free moisture in a
food, is the quotient of the water vapor pressure of the substance divided by the vapor
pressure of pure water at the same temperature, and is indicated by the symbol
aw.
(1) "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.
81-2,242.04. "Commercial food establishment" means an operation with a permanent
sales location and such location has more than one hundred cubic feet of area
containing food.
(1) To combine shellstock harvested on different days or from different growing
areas as identified on the tag or label, or
Comminuted.
(1) "Comminuted" means reduced in size by methods including chopping,
flaking, grinding, or mincing.
81-2,242.02. "Commissary" shall mean a food establishment where food, food
containers, or food supplies are kept, handled, prepared, packaged, or stored for use in
mobile food units, pushcarts, or vending machines.
(1) "Critical item" means a provision of this Code, that, if in noncompliance, is
more likely than other violations to contribute to food contamination, illness, or
environmental health hazard.
"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.
(1) "Drinking water" means water that meets criteria as specified in
40 CFR 141 National Primary Drinking Water Regulations.
"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.
(1) "Easily cleanable" means a characteristic of a surface that:
"Easily movable" means:
(a) Allows effective removal of soil by normal cleaning methods;
(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
(1) Portable; mounted on casters, gliders, or rollers; or provided with a mechanical
means to safely tilt a unit of equipment for cleaning; and
Egg.
(1) "Egg" means the shell egg of avian species such as chicken, duck, goose, guinea,
quail, ratites or turkey.
Egg Product.
(a) A balut;
(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.
"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.
(1) "Equipment" means an article that is used in the operation of a food
establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven,
reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for
ambient air, vending machine, or warewashing machine.
"Exclude" means to prevent a person from working as an employee in a food
establishment or entering a food establishment as an employee.
(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.
"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.
(1) A surface of equipment or a utensil with which food normally comes into contact;
or
"Food employee" means an individual working with unpackaged food, food equipment or
utensils, or food-contact surfaces.
(a) Into a food, or
(1) An establishment or vending machine operation that offers only prepackaged soft
drinks, carbonated or noncarbonated; canned or bottled fruit and vegetable juices;
prepackaged ice; candy; chewing gum; potato or corn chips; pretzels; cheese puffs and
curls; crackers; popped popcorn; nuts and edible seeds; and cookies, cake, pies, and
other pastries, that are not potentially hazardous;
81-2,246.01. "Food Processing Plant" shall mean a commercial operation that
manufactures, packages, labels, or stores food for human consumption and does not
provide food directly to a consumer.
(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.
"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 restricted use.
(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.
"Hazard" means a biological, chemical, or physical property that may cause an
unacceptable consumer health risk.
(1) Immunocompromised; preschool age children, or older adults; and
"Imminent health hazard" means a significant threat or danger to health that is
considered to exist when there is evidence sufficient to show that a product, practice,
circumstance, or event creates a situation that requires immediate correction or
cessation of operation to prevent injury based on:
(1) The number of potential injuries, and
"Injected" means manipulating a meat so that infectious or toxigenic microorganisms
may be introduced from its surface to its interior through tenderizing with deep
penetration or injecting the meat such as by processes which may be referred to as
"injecting," "pinning," or "stitch pumping."
(1) "Juice" means the aqueous liquid expressed or extracted from one or more fruits
or vegetables, purees of the edible portions of one or more fruits or vegetables, or any
concentrates of such liquid or pureé.
"Kitchenware" means food preparation and storage utensils.
(1) "Major food allergen" means:
"Meat" means the flesh of animals used as food including the dressed flesh of cattle,
swine, sheep, or goats and other edible animals, except fish, poultry, and wild game
animals as specified under Subparagraphs 3-201.17(A)(3) and (4).
(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
(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
(1) "Packaged" means bottled, canned, cartoned, securely bagged, or securely
wrapped, whether packaged in a food establishment or a food processing plant.
"Permit" means the document issued by the regulatory authority that authorizes a
person to operate a food establishment.
(1) Is legally responsible for the operation of the food establishment such as the owner,
the owner's agent, or other person; and
"Person" means an association, a corporation, individual, partnership, other legal entity,
government, or governmental subdivision or agency.
(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.
"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.
(1) Is permanently or temporarily connected to the water distribution system of the
premises and demands a supply of water from the system; or
"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.
(1) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents
such as caustics, acids, drying agents, polishes, and other chemicals;
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.
(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, or garlic-in-oil mixtures that are not modified
in a way that results in mixtures that do not support pathogenic microorganism growth
or toxin formation; and
(3) "Potentially hazardous food (time/temperature control for safety food)" does not
include:
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 food** non-PHF/
non-TCS food non-PHF/
non-TCS food
> 0.92 - .95
non-PHF/
non-TCS food non-PHF/
non-TCS food PA***
> 0.95
non-PHF/
non-TCS food PA
PA
* PHF means potentially hazardous food
** TCS food means time/temperature control for safety food
*** PA means Product Assessment required
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
<0.88
non-PHF*/
non-TCS food** non-PHF/
non-TCS food non-PHF/
non-TCS food non-PHF/
non-TCS food
0.88 - .90
non-PHF/
non-TCS food non-PHF/
non-TCS food non-PHF/
non-TCS food PA***
> 0.90 - 0.92
non-PHF/
non-TCS food non-PHF/
non-TCS FOOD PA
PA
>0.92
non-PHF/
non-TCS food PA
PA
PA
* PHF means potentially hazardous food
** TCS food means time/temperature control for safety food
*** PA means Product Assessment required
(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;
"Poultry" means:
(i) Intrinsic factors including added or natural characteristics of the food such as
preservatives, antimicrobials, humectants, acidulants, or nutrients,
(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.
(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
"Premises" means:
(1) The physical facility, its contents, and the contiguous land or property under the
control of the permit holder; or
"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.
(1) "Ready-to-eat food" means food that:
Reduced Oxygen Packaging.
(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), or §3-401.12 or
§3-402.11, or as specified in ¶ 3-401.11(C); or
(2) "Ready-to-eat food" includes:
(a) Raw animal food that is cooked as specified under §3-401.11 or 3-401.12, or
frozen as specified under §3-402.11;
(1) "Reduced oxygen packaging" means:
"Refuse" means solid waste not carried by water through the sewage system.
(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
(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;
(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;
81-2,253.01. "Salvage operation" shall mean an operation which reconditions, sells,
distributes, brokers, or otherwise supplies any distressed or salvaged food.
(1) "Single-use articles" means utensils and bulk food containers designed and
constructed to be used once and discarded.
"Slacking" means the process of moderating the temperature of a food such as allowing
a food to gradually increase from a temperature of -23°C (-10°F) to -4°C
(25°F) in preparation for deep-fat frying or to facilitate even heat penetration during
the cooking of previously block-frozen food such as shrimp.
(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;
"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.
2-101.11* Assignment. *
The permitholder 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.
81-2,272.02* (Replaces 2005 Food Code 2-102.11 Demonstration) *
The individual who is responsible for the food establishment shall have knowledge of
the risks of foodborne illness inherent to the food operation, foodborne disease
prevention, and the requirements of the Nebraska Pure Food Act. The individual shall
demonstrate this knowledge by the passing of routine sanitation inspections by the food
establishment, successfully completing an approved food handler training course, or
responding correctly to the regulatory authority's questions as they relate to the areas of
the food establishment's noncompliance in order to bring that area into compliance.
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 Manger Certification Programs is
deemed to comply with ¶ 2-102.11(B)
2-103.11 Person in Charge.
The person in charge shall ensure that:
(A) Food establishment operations are not conducted in a private home or in a room
used as living or sleeping quarters as specified under § 6-202.111;
2-201.11 * Responsibility of Permit Holder, Person in Charge, and Conditional
Employees *
(A) The permitholder shall require a food employees and conditional employees to
report to the person in charge information about their health and activities as they relate
to diseases that are transmissible through food. 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:
2-201.12* Exclusions and Restrictions. *
(1) Has any of the following symptoms:
(B) The person in charge shall notify the regulatory authority when a food employee
is:
(a) Vomiting,
(2) Has an illness diagnosed by a health practitioner due to:
(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,
(a) Norovirus,
(3) Had a previous illness, diagnosed by health practitioner, within the past 3 months
due to Salmonella Typhi, without having received antibiotic therapy, as determined by a
health practitioner;
(a) Norovirus within the past 48 hours of the last exposure,
(5) Has been exposed by attending or working in a setting where there is a
confirmed disease outbreak, or living in 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:
(a) Norovirus within the past 48 hours of the last exposure,
(1) Jaundiced, or
(C) The person in charge shall ensure that a conditional employee:
(1) Who exhibits or reports a symptom, or who reports a diagnosed illness as
specified under Subparagraphs (A)(1) - (3) of this section, is prohibited from becoming a
food employee until the conditional employee meets the criteria for the specific
symptoms or diagnosed illness as specified under § 2-201.13; and
(D) The person in charge shall ensure that a food employee who exhibits or reports a
symptom, or who reports a diagnosed illness or a history of exposure as specified under
Subparagraphs (A)(1) - (5) of this section is:
(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); or
(E) A food employee or conditional employee shall report to the person in charge the
information as specified under ¶ (A) of this section.
(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); or
The person in charge shall exclude or restrict a food employee from a food
establishment in accordance with the following:
(A) Except when the symptom is from a noninfectious condition, exclude a food
employee if the food employee is:
2-201.13 Removal, Adjustment, or Retention of Exclusions and
Restrictions.
(1) Symptomatic with vomiting or diarrhea; or
(B) Exclude a food employee who is:
(1) Jaundiced and the onset of jaundice occurred within 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;
(C) Exclude a food employee who is diagnosed with an infection from Salmonella
Typhi, or reports a previous infection with Salmonella Typhi within the past 3 months as
specified under Subparagraph 2-201.11(A)(3).
(1) Exclude the food employee who works in a food establishment serving a highly
susceptible population; or
(E) If a food employee is diagnosed with an infection from Shigella spp. and is
asymptomatic:
(1) Exclude the food employee who works in a food establishment serving a highly
susceptible population; or
(F) If a food employee is diagnosed with an infection from Enterohemorrhagic or
Shiga toxin-producing E. coli, and is asymptomatic:
(1) Exclude the food employee who works in a food establishment serving a highly
susceptible population; or
(G) If a food employee is ill with symptoms of acute onset of sore throat with fever:
(1) Exclude the food employee who works in a food establishment serving a highly
susceptible population;
(H) If a food employee is infected with a skin lesion containing pus such as a boil or
infected wound that is open or draining and not properly covered as specified under
Subparagraph 2-201.11(A)(1)(e), restrict the food employee.
The person in charge of a food establishment may remove, adjust, or retain the
exclusion or restriction of a food employee according to the following conditions:
(A) Except when a food employee is diagnosed with an infection from hepatitis A virus
or Salmonella Typhi:
Hands and Arms
(1) Reinstate a food employee who was excluded as specified under Subparagraph
2-201.12(A)(1) if the food employee:
(B) Reinstate a food employee who was excluded as specified under ¶ 2-
201.12(B) if the person in charge obtains approval from the regulatory authority and one
of the following conditions is met;
(a) Is asymptomatic for at least 24 hours; or
(2) If a food employee was diagnosed with an infection from Norovirus and
excluded as specified under Subparagraph 2-201.12(A)(2):
(a) Restrict the food employee, who is asymptomatic for at least 24 hours and works
in a food establishment not serving a highly susceptible population, until the conditions
for reinstatement as specified under Subparagraph (D)(1) or (2) of this section are met;
or
(3) If a food employee was diagnosed with an infection from Shigella spp. and
excluded as specified under Subparagraph 2-201.12(A)(2):
(a) Restrict the food employee, who is asymptomatic for at least 24 hours and works
in a food establishment not serving a highly susceptible population, until the conditions
for reinstatement as specified under Subparagraphs (E)(1) or (2) of this section are met;
or
(4) If food employee was diagnosed with an infection from enterohemorrhagic or
shiga toxin-producing Escherichia coli and excluded as specified under Subparagraph
2-201.12(A)(2):
(a) Restrict the food employee, who is asymptomatic for at least 24 hours and works
in a food establishment not serving a highly susceptible population, until the conditions
for reinstatement as specified under Subparagraphs (F)(1) or (2) of this section are met;
or
(1) The food employee has been jaundiced for more than 7 calendar days;
(C) Reinstate a food employee who was excluded as specified under ¶ 2-
201.12(C) if:
(1) The person in charge obtains approval from the regulatory authority; and
(D) Reinstate a food employee who was excluded as specified under Subparagraphs
2-201.12(A)(2) or (D)(1) who was restricted under Subparagraph 2-201.12(D)(2) if the
person in charge obtains approval from the regulatory authority and one of the following
conditions is met:
(1) The excluded or restricted food employee provides to the person in charge
written medical documentation from a health practitioner sating that the food employee
is free of a Norovirus infection;
(E) Reinstate a food employee who was excluded as specified under Subparagraphs
2-201.12(A)(2) or (E)(1) or who was restricted under Subparagraph 2-201.12(E)(2) if the
person in charge obtains approval from the regulatory authority and one of the following
conditions is met:
(1) The excluded or restricted food employee provides to the person in charge
written medical documentation from a health practitioner stating that the food employee
is free of a Shigella spp. infection based on test results showing 2 consecutive negative
stool specimen cultures that are taken:
(F) Reinstate a food employee who was excluded or restricted as specified under
Subparagraphs 2-201.12(A)(2) or (F)(1) or who was restricted under Subparagraph 2-
201.12(F)(2) if the person in charge obtains approval from the regulatory authority and
one of the following conditions is met:
(a) Not earlier than 48 hours after discontinuance of antibiotics, and
(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
employee became asymptomatic; or
(1) The excluded or restricted food employee provides to the person in charge
written medical documentation from a health practitioner stating that the food employee
is free of an infection from enterohemorrhagic or shiga toxin-producing Escherichia coli
based on test results that show 2 consecutive negative stool specimen cultures that are
taken:
(G) Reinstate a food employee who was excluded or restricted as specified under
Subparagraphs 2-201.12(G)(1) or (2) if the food employee provides to the person in
charge written medical documentation from a health practitioner stating that the food
employee meets one of the following conditions:
(a) Not earlier than 48 hours after discontinuance of antibiotics; and
(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 employee
became asymptomatic; or
(1) Has received antibiotic therapy for Streptococcus pyogenes infection for more
than 24 hours;
(H) Reinstate a food employee who was restricted as specified under ¶ 2-
201.12(H) if the skin, infected wound, cut, or pustular boil is properly covered with one
of the following:
(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;
(I) Reinstate a food employee who was restricted as specified under ¶ 2-
201.12(I) and was exposed to one of the following pathogens as specified under
Subparagraph 2-201.11(A)(4) or (5):
(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; or
(2) Shigella spp. or enterohemorrhagic or shiga toxin-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; or
(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; or
(4) Hepatitis A virus and one of the following conditions is met:
(a) The food employee is immune to hepatitis A virus infection because of a prior
illness from hepatitis A;
(i) Hepatitis A symptoms and preventing the transmission of infection,
2-301.11* Clean Condition. *
Food employees shall keep their hands and exposed portions of their arms clean.
(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.
2-301.13* Special Handwash Procedures. *
(1) Rinse under clean, running warm water;
(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.
(a) Paying particular attention to removing soil from underneath the fingernails
during the cleaning procedure, and
(4) Thoroughly rinse under clean, running warm water; and
Reserved.
Food employees shall clean their hands and exposed portions of their arms as specified
under § 2-301.12 immediately before engaging in food preparation including
working with exposed food, clean equipment and utensils, and unwrapped
single-service and single-use articles and:
(A) After touching bare human body parts other than clean hands and clean,
exposed portions of arms;
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.
(A) A hand antiseptic used as a topical application, a hand antiseptic solution used as a
hand dip, or a hand antiseptic soap shall:
Fingernails
(1) Comply with one of the following:
(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:
(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; or
(2) Comply with one of the following:
(a) Have components that are exempted from the requirement of being listed in federal
food additive regulations as specified in 21 CFR 170.39 - Threshold of regulation for
substances used in food-contact articles; or
(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, or
(3) Be applied only to hands that are cleaned as specified under § 2-301.12.
(1) Followed by thorough hand rinsing in clean water before hand contact with food
or by the use of gloves; or
(C) A chemical hand antiseptic solution used as a hand dip shall be maintained clean
and at a strength equivalent to at least 100 mg/L chlorine.
81-2,272.32 (Replaces 2005 Food Code 2-302.11 Maintenance).
(1) Except as modified under subsection (2) of this section, a food employee shall keep
his or her fingernails trimmed, filed, and maintained so the edges and surfaces are
cleanable and not rough. Unless wearing intact gloves in good condition, a food
employee shall not wear fingernail polish or artificial fingernails when working with
exposed food.
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.
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.
2-304.11 Clean Condition.
Food employees shall wear clean outer clothing to prevent contamination of food,
equipment, utensils, linens, and single-service and single-use articles.
2-401.11 Eating, Drinking, or Using Tobacco. *
(A) Except as specified in ¶ (B) of this section, an employee shall eat, drink, or use
any form of tobacco only in designated areas where the contamination of exposed food;
clean equipment, utensils, and linens; unwrapped single-service and single-use articles;
or other items needing protection can not result.
2-401.12* Discharges from the Eyes, Nose, and Mouth. *
(1) The employee's hands;
Food employees experiencing persistent sneezing, coughing, or a runny nose that
causes discharges from the eyes, nose, or mouth may not work with exposed food;
clean equipment, utensils, and linens; or unwrapped single-service or single-use
articles.
2-402.11 Effectiveness.
(A) Except as provided in ¶ (B) of this section, food employees shall wear hair
restraints such as hats, hair coverings or nets, beard restraints, and clothing that covers
body hair, that are designed and worn to effectively keep their hair from contacting
exposed food; clean equipment, utensils, and linens; and unwrapped single-service and
single-use articles.
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).
3-101.11* Safe, Unadulterated, and Honestly Presented. *
Food shall be safe, unadulterated, and, as specified under § 3-601.12, honestly
presented.
3-201.11* Compliance with Food Law. *
(A) Food shall be obtained from sources that comply with law.
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.
Fluid milk and milk products shall be obtained from sources that comply with Grade A
standards as specified in law.
(A) Fish that are received for sale or service shall be:
3-201.15* Molluscan Shellfish. *
(1) Commercially and legally caught or harvested; or
(B) Molluscan shellfish that are recreationally caught may not be received for sale or
service.
(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.
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.
3-201.17* Game Animals. *
(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
(A) If game animals are received for sale or service they shall be:
3-202.11* Temperature. *
(1) Commercially raised for food and:
(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.
(a) Raised, slaughtered, and processed under a voluntary inspection program that is
conducted by the agency that has animal health jurisdiction, or
(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;
(i) Laws governing meat and poultry as determined by the agency that has animal
health jurisdiction and the agency that conducts the inspection program, and
(a) Under a routine inspection program conducted by a regulatory agency such as
the agency that has animal health jurisdiction, and
(4) As allowed by law, for field-dressed wild game animals under a routine inspection
program that ensures the animals:
(i) Laws governing meat and poultry as determined by the agency that has animal
health jurisdiction and the agency that conducts the inspection program, and
(a) Receive a postmortem examination by an approved veterinarian or veterinarian's
designee, or
(A) Except as specified in ¶ (B) of this section, refrigerated, potentially
hazardous food (time/temperature control for safety food) shall be at a temperature of
5°C (41°F) or below when received.
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.
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.
(A) Egg products shall be obtained pasteurized.
3-202.15* Package Integrity. *
(1) Be obtained pasteurized; and
(C) Frozen milk products, such as ice cream, shall be obtained pasteurized as specified
in 21 CFR 135 - Frozen desserts.
Food packages shall be in good condition and protect the integrity of the contents so
that the food is not exposed to adulteration or potential contaminants.
Ice for use as a food or a cooling medium shall be made from drinking water.
(A) Raw shucked shellfish shall be obtained in nonreturnable packages which bear a
legible label that identifies the:
3-202.18* Shellstock Identification. *
(1) Name, address, and certification number of the shucker-packer or repacker of
the molluscan shellfish; and
(B) A package of raw shucked shellfish that does not bear a label or which bears a
label which does not contain all the information as specified under ¶ (A) of this
section shall be subject to a hold order, as allowed by law, or seizure and destruction in
accordance with 21 CFR Subpart D - Specific Administrative Decisions Regarding
Interstate Shipments, Section 1240.60(d) Molluscan shellfish.
(A) Shellstock shall be obtained in containers bearing legible source identification
tags or labels that are affixed by the harvester and each dealer that depurates, ships, or
reships the shellstock, as specified in the National Shellfish Sanitation Program Guide
for the Control of Molluscan Shellfish, and that list:
3-202.19 Shellstock, Condition.
(1) Except as specified under ¶ (C) of this section, on the harvester's tag or label,
the following information in the following order:
(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).
(a) The harvester's identification number that is assigned by the shellfish control
authority,
(2) Except as specified in ¶ (D) of this section, on each dealer's tag or label, the
following information in the following order:
(a) The dealer's name and address, and the certification number assigned by the
shellfish control authority,
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.
Pre-packaged juice shall:
(A) Be obtained from a processor with a HACCP system as specified in 21 CFR Part
120 Hazard Analysis and Critical Control (HACCP) Systems; and
Original Containers and Records
3-203.11 Molluscan Shellfish, Original Container.
(A) Except as specified in ¶ ¶ (B) and (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.
3-203.12* Shellstock, Maintaining Identification. *
(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
(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
(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);
(A) Except as specified under Subparagraph (B)(2) of this section, shellstock tags shall
remain attached to the container in which the shellstock are received until the container
is empty.
Preventing Contamination by Employees
(1) Using an approved record keeping system that keeps the tags or labels in
chronological order correlated to the date when, or dates during which, the shellstock
are sold or served; and
(a) Preserving source identification by using a record keeping system as specified under
Subparagraph (B)(1) of this section, and
81-2,272.10* (Replaces 2005 Food Code 3-301.11 Preventing Contamination
from Hands) *
(1) Food employees shall wash their hands as specified in the Nebraska Pure Food Act.
3-301.12* Preventing Contamination when Tasting. *
A food employee may not use a utensil more than once to taste food that is to be sold or
served.
3-302.11* Packaged and Unpackaged Food - Separation, Packaging, and
Segregation. *
(A) Food shall be protected from cross contamination by:
3-302.12 Food Storage Containers, Identified with Common Name of
Food.
(1) Separating raw animal foods during storage, preparation, holding, and display
from:
(B) Subparagraph (A)(4) of this section does not apply to:
(a) Raw ready-to-eat food including other raw animal food such as fish for sushi or
molluscan shellfish, or other raw ready-to-eat food such as fruits and vegetables, and
(2) Except when combined as ingredients, separating types of raw animal foods from
each other such as beef, fish, lamb, pork, and poultry during storage, preparation,
holding, and display by:
(a) Using separate equipment for each type, or
(3) Cleaning equipment and utensils as specified under ¶ 4-602.11(A) and
sanitizing as specified under § 4-703.11;
(1) Whole, uncut, raw fruits and vegetables and nuts in the shell, that require peeling
or hulling before consumption;
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.
Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of
foods such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, meringue,
eggnog, ice cream, and egg-fortified beverages that are not:
(A) Cooked as specified under Subparagraphs 3-401.11(A)(1) or (2); or
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:
3-302.15 Washing Fruits and Vegetables.
(1) Unsafe or unapproved food or color additives; and
(B) A food employee may not:
(1) Apply sulfiting agents to fresh fruits and vegetables intended for raw consumption
or to a food considered to be a good source of vitamin B1; or
(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.
Preventing Contamination from Ice Used as a Coolant
3-303.11 Ice Used as Exterior Coolant, Prohibited as Ingredient. *
After use as a medium for cooling the exterior surfaces of food such as melons or fish,
packaged foods such as canned beverages, or cooling coils and tubes of equipment,
ice may not be used as food.
(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.
Preventing Contamination from Equipment, Utensils, and Linens
3-304.11* Food Contact with Equipment and Utensils.
Food shall only contact surfaces of:
(A) Equipment and utensils that are cleaned as specified under Part 4-6 of this Code
and sanitized as specified under Part 4-7 of this Code; or
3-304.12 In-Use Utensils, Between-Use Storage.
During pauses in food preparation or dispensing, food preparation and dispensing
utensils shall be stored:
(A) Except as specified under ¶ (B) of this section, in the food with their handles
above the top of the food and the container;
81-2,272.34 (Replaces 2005 Food Code 3-304.13 Linens and Napkins,
Use Limitation)
Except for raw dough being prepared prior to being cooked, linens and cloth napkins
shall 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. Linens and cloth napkins which are used in contact with food and cloth napkins
used by consumers shall be laundered between each use.
(A) Cloths in-use for wiping food spills from Tableware and carry-out containers that
occur as food is being served shall be:
3-304.15 Gloves, Use Limitation.
(1) Maintained dry; and
(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
(C) Cloths in-use for wiping surfaces in contact with raw animal foods shall be kept
separate from cloths used for other purposes.
(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.
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.
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).
Preventing Contamination from the Premises
3-305.11 Food Storage.
(A) Except as specified in ¶ ¶ (B) and (C) of this section, food shall be
protected from contamination by storing the food:
3-305.12 Food Storage, Prohibited Areas.
(1) In a clean, dry location;
(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.
Food may not be stored:
(A) In locker rooms;
3-305.13 Vended Potentially Hazardous Food (Time/Temperature Control for
Safety Food), Original Container.
Potentially hazardous food (time/temperature control for safety food) dispensed through
a vending machine shall be in the package in which it was placed at the food
establishment or food processing plant at which it was prepared.
During preparation, unpackaged food shall be protected from environmental sources of
contamination.
3-306.11 Food Display.
Except for nuts in the shell and whole, raw fruits and vegetables that are intended for
hulling, peeling, or washing by the consumer before consumption, food on display shall
be protected from contamination by the use of packaging; counter, service line, or salad
bar food guards; display cases; or other effective means.
(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.
3-306.13* Consumer Self-Service Operations. *
(A) Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish may
not be offered for consumer self-service. This paragraph does not apply to:
3-306.14* Returned Food and Re-Service of Food. *
(1) Consumer self-service of ready-to-eat foods at buffets or salad bars that serve
foods such as sushi or raw shellfish;
(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. N
(A) Except as specified in ¶ (B) of this section, after being served or sold and in
the possession of a consumer, food that is unused or returned by the consumer may not
be offered as food for human consumption.
Preventing Contamination from Other Sources
(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
3-307.11 Miscellaneous Sources of Contamination.
Food shall be protected from contamination that may result from a factor or source not
specified under Subparts 3-301 - 3-306.
3-401.11 * Raw Animal Foods*
(A) Except as specified ¶ (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:
3-401.12* Microwave Cooking. *
(1) 63°C (145°F) or above for 15 seconds for:
(B) Whole meat roasts, including beef, corned beef, lamb, pork, and cured pork
roasts such as ham shall be cooked:
(a) Raw shell eggs that are broken and prepared in response to a consumer's order
and for immediate service, and
(2) 68°C (155°F) for 15 seconds or the temperature specified in the following
chart that corresponds to the holding time for ratites and injected meats; the following if
they are comminuted: fish, meat, game animals commercially raised for food as
specified under Subparagraph 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:
Minimum
Temperature °C (°F)
Time
63 (145)
3 minutes
66 (150)
1 minute
70 (158)
< 1 second (instantaneous)
(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:
(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 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.
Oven Type
Oven Temperature Based on Roast Weight
Less than 4.5 kg (10 lbs)
4.5 kg (10 lbs) or More
Still Dry
177°C (350°F ) or more
121°C (250°F) or more
Convection
163°C (325°F) or more
121°C (250°F) or more
High Humidity1
121°C (250°F) or less
121°C (250°F) or less
Temperature °C (°F)
Time1 in Minutes
Temperature °C (°F)
Time1 in 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
1Holding time may include post oven
heat rise.
(1) The food establishment serves a population that is not a highly susceptible
population,
(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; and
(a) Is submitted by the permit holder and approved as specified under §
8-103.11,
Raw animal foods cooked in a microwave oven shall be:
(A) Rotated or stirred throughout or midway during cooking to compensate for
uneven distribution of heat;
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 57°C (135°F).
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:
3-402.12 Records, Creation and Retention.
(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;
(B) Paragraph (A) of this section does not apply to:
(1) Mulluscan shellfish;
(a) If raised in open water, are raised in net-pens, or
(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.
3-403.10 Preparation for Immediate Service.
Cooked and refrigerated food that is prepared for immediate service in response to an
individual consumer order, such as a roast beef sandwich au jus, may be served at any
temperature.
3-403.11* Reheating for Hot Holding. *
(A) Except as specified under ¶ ¶ (B) and (C) and in ¶ (E) of this
section, potentially hazardous food (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 74°C (165°F) for 15 seconds.
Other Methods
3-404.11 Treating Juice.
Juice packaged in a food establishment shall be:
(A) Removed from Code.
Temperature and Time Control
(1) As specified under § 3-602.11, and
3-501.11 Frozen Food.
Stored frozen foods shall be maintained frozen.
Frozen potentially hazardous food (time/temperature control for safety food) that is slacked to
moderate the temperature shall be held:
(A) Under refrigeration that maintains the food temperature at 5°C (41°) or less, or at
7°C (45°F) or less as specified under Subparagraph 3-501.16(A)(2); or
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 5°C (41°F) or less,
or at 7°C (45°F) or less as specified under Subparagraph 3-501.16(A)(2); or
3-501.14 * Cooling. *
(1) At a water temperature of 21°C (70°F) or below,
(C) As part of a cooking process if the food that is frozen is:
(a) The time the food is exposed to the running water and the time needed for preparation for
cooking, or
(1) Cooked as specified under ¶ 3-401.11(A) or (B) or § 3-401.12, or
(D) Using any procedure if a portion of a frozen ready-to-eat food is thawed and prepared for
immediate service in response to an individual consumer's order.
(A) Cooked potentially hazardous food (time/temperature control for safety food) shall be
cooled:
3-501.15 Cooling Methods.
(1) Within 2 hours from 57°C (135°F) to 21°C (70°F); and
(B) Potentially hazardous food (time/temperature control for safety food) shall be cooled
within 4 hours to 5°C (41°F) or less, or to 7°C (45°F) as specified under
Subparagraph 3-501.16(A)(2)(b) if prepared from ingredients at ambient temperature, such as
reconstituted foods and canned tuna.
(A) Cooling shall be accomplished in accordance with the time and temperature criteria
specified under § 3-501.14 by using one or more of the following methods based on the
type of food being cooled:
3-501.16* Potentially Hazardous Food (Time/Temperature Control for Safety
Food), Hot and Cold Holding. *
(1) Placing the food in shallow pans;
(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
(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) of this
section, potentially hazardous food (time/temperature control for safety food) shall be
maintained:
81-2,272.24* (Replaces 2005 Food Code 3-501.17 Ready-to-Eat, Potentially
Hazardous
Food (Time/Temperature Control for Safety Food), Date Marking.) *
(1) At 57°C (135°F) or above, except that roasts cooked to a temperature and for a
time specified in ¶ 3-401.11(B) or reheated as specified in ¶ 3-403.11(E) may be held
at a temperature of 54°C (130°F) or above; or
(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
(a) 5°C (41°F) or less; or
(i) The equipment is in place and in use in the food establishment, and
(1) Except when packaging food using a reduced oxygen packaging method as specified in
section 81-2,272.27 and except as specified in 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 twenty-four hours shall be clearly marked to indicate the date of
preparation. The food shall be sold, consumed on the premises, or discarded within:
81-2,272.25 * (Replaces 2005 Food Code 3-501.18 Ready-to-Eat, Potentially
Hazardous Food (Time/Temperature Control for Safety Food) Disposition) *
(a) Seven calendar days or less if the food is held refrigerated at forty-one degrees
Fahrenheit (five degrees Celsius) or below; or
(2) Except as specified in this section, refrigerated, ready-to-eat, potentially hazardous food
(time/temperature control for safety food) prepared and packaged by a food processing plant and
held refrigerated at such food establishment, shall be clearly marked, at the time the original
container is opened in a food establishment, to indicate the date the food container was opened.
The food shall be sold, consumed on the premises, or discarded within:
(a) Seven calendar days or less if the food is held refrigerated at forty-one degrees
Fahrenheit (five degrees Celsius) or below; or
(3) A refrigerated, ready-to-eat, potentially hazardous food (time and temperature control for
safety food) ingredient or a portion of a refrigerated, ready-to-eat, potentially hazardous food
(time and 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.
(a) Using a method approved by the regulatory authority for refrigerated, ready-to-eat,
potentially hazardous food (time and temperature control for safety food) that is frequently
rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft
serve mix or milk in a dispensing machine;
(5) Subsections (1) and (2) of this section do not apply to individual meal portions served or
repackaged for sale from a bulk container upon a consumer's request.
(a) Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato
salad and macaroni salad, manufactured in accordance with 21 C.F.R. part 110, Current Good
Manufacturing Practice in Manufacturing, Packing, or Holding Human Food, as such part
existed on January 1, 2007;
(1) A food specified under subsections (1) and (2) of section 81-2,272.24 shall be discarded if
such food:
3-501.19 *Time as a Public Health Control. *
(a) Exceeds either of the temperature and time combinations specified in subsection (1) of
section 81-2,272.24, except time that the food is frozen;
(2) Refrigerated, ready-to-eat, potentially hazardous food prepared in a food establishment and
dispensed through a vending machine with an automatic shut-off control shall be discarded if it
exceeds a temperature and time combination as specified in subsection (1) of section 81-
2,272.24.
(A) Except as specified under ¶ (D) of this section, if time only is used as the public health
control 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 service for immediate consumption:
81-2,272.27* (Replaces 2005 Food Code 3-502.12 Reduced Oxygen Packaging,
Criteria)*
(1) Written procedures shall be prepared in advance, maintained in the food establishment and
made available to the regulatory authority upon request that specify:
(B) If time only, rather than time in conjunction with temperature control, up to a maximum of 4
hours, is used as the public health control:
(a) Methods of compliance with Subparagraphs (B)(1)-(3) or (C)(1)-(5) of this section; and
(1) The food shall have an initial temperature of 5°C (41°F) or less if removed from
cold holding temperature control, or 57°C (135°F) or greater if removed from hot
holding temperature control;
(C) If time only, rather than time in conjunction with temperature control, up to a maximum of 6
hours, is used as the public health control:
(1) The food shall have an initial temperature of 5°C (41°F) or less when removed
from temperature control and the food temperature may not exceed 21°C (70°F)
within a maximum time period of 6 hours;
(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.
(a) The time when the food is removed from the 5°C (41°F) or less cold holding
temperature control, and
(4) The food shall be:
(a) Discarded if the temperature of the food exceeds 21°C (70°F), or
(5) The food in unmarked containers or packages, or marked with a time that exceeds the
6-hour limit shall be discarded.
A food establishment may use a reduced oxygen packaging method if a variance has been
granted by the regulatory authority or under the following conditions:
(1) A food establishment shall only use a reduced oxygen packaging method with potentially
hazardous food that does not support the growth of the bacteria Clostridium botulinum because
it:
Accurate Representation
(a) Has an aw (water activity) of ninety-one hundredths or less;
(2) A food with a high level of competing organisms such as raw meat, raw poultry, or semi-
soft cheese containing live active starter culture organisms may be packaged using a reduced
oxygen method. Such products shall be labeled with a "sell by" or "use by" date not to exceed
fourteen days and shall be discarded if not sold by that date.
(a) Prohibit contacting ready-to-eat foods with bare hands without proper handwashing;
(7) Food establishments which package food using a reduced oxygen method shall have a
training program to ensure that the individual responsible for the reduced oxygen packaging
operation understands the requirements of the Nebraska Pure Food Act and the procedures,
equipment, and facilities required for safe operation.
3-601.11 Standards of Identity.
Packaged food shall comply with standard of identity requirements in 21 CFR 131-169 and 9
CFR 319 Definitions and Standards of Identity or Composition, and the general requirements in
21 CFR 130 - Food Standards: General and 9 CFR 319 Subpart A - General.
(A) Food shall be offered for human consumption in a way that does not mislead or
misinform the consumer.
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.
3-602.12 Other Forms of Information.
(1) The common name of the food, or absent a common name, an adequately
descriptive identity statement;
(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
(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;
(A) If required by law, consumer warnings shall be provided.
Consumer Advisory
81-2,272.17* (Replaces 2005 Food Code 3-603.11 Consumption of Animal Foods that
are
Raw, Undercooked, or Not Otherwise Processed to Eliminate
Pathogens)*
(1) The person in charge of a food establishment shall ensure that consumers who
order raw or partially cooked foods of animal origin are informed that the food is
not cooked sufficiently to assure its safety. If a raw or undercooked animal food
such as beef, eggs, fish, lamb, pork, poultry, or shellfish is offered in a
ready-to-eat form as a deli, menu, vended, or other item, or as a raw ingredient in
another ready-to-eat form, the permitholder shall inform consumers by brochures,
deli case or menu advisories, label statements, table tents, placards, or other
written means of the significantly increased risk associated with certain especially
vulnerable consumers eating such foods in a raw or undercooked form. The
following language will satisfy the consumer advisory requirements:
Disposition
"Thoroughly cooking foods of animal origin such as
beef, eggs, fish, lamb, pork, poultry, or shellfish
reduces the risk of foodborne illness. Individuals
with certain health conditions may be at higher risk
if these foods are consumed raw or undercooked.
Consult your physician or public health official for
further information."
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 reconditioned according to an approved procedure.
Additional Safeguards
3-801.11* Pasteurized Foods, Prohibited Re-Service, and Prohibited Food. *
In a food establishment that serves a highly susceptible population:
(A) The following criteria apply to juice:
(1) For the purposes of this paragraph only, children who are age 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;
(B) Pasteurized eggs or egg products shall be substituted for raw eggs in the
preparation of:
(1) Foods such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise,
meringue, eggnog, ice cream, and egg-fortified beverages, and
(C) The following foods may not be served or offered for sale in a ready-to-eat form:
(1) Raw animal foods such as raw fish, raw-marinated fish, raw molluscan
shellfish, and steak tartare,
(D) Food employees may not contact ready-to-eat food as specified under
¶¶ 3-301.11 (B) and (D).
(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,
souffle, or scrambled eggs;
(G) Except as specified in paragraph (H) of this section, food may be re-served as
specified under Subparagraph 3-306.14(B)(1) and (2).
(a) Identifies the food to be prepared,
(i) Salmonella Enteritidis growth is controlled before and after
cooking, and
(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
(e) Describes the training program that ensures that the food employee
responsible for the preparation of the food understands the
procedures to be used.
(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.
4-101.11* Characteristics. *
Materials that are used in the construction of utensils and food-contact surfaces of equipment
may not allow the migration of deleterious substances or impart colors, odors, or tastes to food
and under normal use conditions shall be:
(A) Safe;
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.
4-101.13 Lead, Use Limitation.
(A) Ceramic, china, 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:
4-101.14* Copper, Use Limitation. *
Utensil Category
Ceramic Article Description
Maximum Lead
mg/L
Beverage Mugs, Cups, Pitchers
Coffee Mugs
0.5
Large Hollowware (excluding pitchers)
Bowls m 1.1 Liter (1.16 Quart)
1
Small Hollowware (excluding cups & mugs)
Bowls < 1.1 Liter (1.16 Quart)
2.0
Flat Tableware
Plates, Saucers
3.0
(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.
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.
Sponges may not be used in contact with cleaned and sanitized or in-use food-contact surfaces.
(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.
4-101.18 Nonstick Coatings, Use Limitation.
(1) Cutting boards; cutting blocks; bakers' tables; and utensils such as rolling
pins, doughnut dowels, salad bowls, and chopsticks; and
(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.
(1) Untreated wood containers; or
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.
Nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling
or that require frequent cleaning shall be constructed of a corrosion-resistant, nonabsorbent, and
smooth material.
4-102.11* Characteristics. *
Materials that are used to make single-service and single-use articles:
(A) May not:
Durability and Strength
(1) Allow the migration of deleterious substances, or
(B) Shall be:
(1) Safe, and
4-201.11 Equipment and Utensils.
Equipment and utensils shall be designed and constructed to be durable and to retain their
characteristic qualities under normal use conditions.
Food temperature measuring devices may not have sensors or stems constructed of glass, except
that thermometers with glass sensors or stems that are encased in a shatterproof coating such as
candy thermometers may be used.
4-202.11* Food-Contact Surfaces. *
(A) Multiuse food-contact surfaces shall be:
4-202.12 CIP Equipment.
(1) Smooth;
(a) Without being disassembled,
(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.
(A) CIP equipment shall meet the characteristics specified under § 4-202.11 and
shall be designed and constructed so that:
4-202.13 "V" Threads, Use Limitation.
(1) Cleaning and sanitizing solutions circulate throughout a fixed system and
contact all interior food-contact surfaces, 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.
Except for hot oil cooking or filtering equipment, "V" type threads may not be used on
food-contact surfaces.
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.
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.
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
4-202.18 Ventilation Hood Systems, Filters.
Filters or other grease extracting equipment shall be designed to be readily removable for
cleaning and replacement if not designed to be cleaned in place.
4-203.11 Temperature Measuring Devices, Food.
(A) Food temperature measuring devices that are scaled only in Celsius or dually
scaled in Celsius and Fahrenheit shall be accurate to ±1°C in the intended
range of use.
4-203.12 Temperature Measuring Devices, Ambient Air and Water.
(A) Ambient air and water temperature measuring devices that are scaled in Celsius
or dually scaled in Celsius and Fahrenheit shall be designed to be easily readable
and accurate to ±1.5°C in the intended range of use.
4-203.13 Pressure Measuring Devices, Mechanical Warewashing Equipment.
Pressure measuring devices that display the pressures in the water supply line for the fresh hot
water sanitizing rinse shall have increments of 7 kilopascals (1 pound per square inch) or smaller
and shall be accurate to ± 14 kilopascals (± 2 pounds per square inch) in the
100-170 kilopascals (15-25 pounds per square inch) range.
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.
(A) A cover or lid for equipment shall overlap the opening and be sloped to drain.
4-204.13 Dispensing Equipment, Protection of Equipment and Food.
(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
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;
4-204.14 Vending Machine, Vending Stage Closure.
(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
(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.
The dispensing compartment of a vending machine including a machine that is designed to vend
prepackaged snack food that is not potentially hazardous (time/temperature control for safety
food) such as chips, party mixes, and pretzels shall be equipped with a self-closing door or cover
if the machine is:
(A) Located in an outside area that does not otherwise afford the protection of an
enclosure against the rain, windblown debris, insects, rodents, and other
contaminants that are present in the environment; or
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 can not leak, drip, or be forced into food or onto food-contact
surfaces.
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.
Liquid waste drain lines may not pass through an ice machine or ice storage bin.
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.
Cutting or piercing parts of can openers on vending machines shall be protected from manual
contact, dust, insects, rodents, and other contamination.
(A) Except as specified under ¶ (B) of this section, molluscan shellfish life
support system display tanks may not be used to display shellfish that are offered
for human consumption and shall be conspicuously marked so that it is obvious to
the consumer that the shellfish are for display only.
81-2,272.36* (Replaces 2005 Food Code 4-204.111 Vending Machines,
Automatic Shutoff)*
(1) Is submitted by the permit holder and approved as specified under §
8-103.11; and
(a) Water used with fish other than molluscan shellfish does not flow
into the molluscan tank,
(1) A machine vending potentially hazardous food (time/temperature control for safety food)
shall have an automatic control that prevents the machine from vending food:
4-204.112 Temperature Measuring Devices.
(a) If there is a power failure, mechanical failure, or other condition that results in an internal
machine temperature that cannot maintain food temperatures as specified under the Nebraska
Pure Food Act; and
(2) When the automatic shutoff within a vending machine dispensing potentially
hazardous food (time/temperature control for safety food) is activated:
(a) In a refrigerated vending machine, the ambient temperature shall not exceed forty-one
degrees Fahrenheit (five degrees Celsius) or forty-five degrees Fahrenheit (seven degrees
Celsius) as specified under the act for more than 30 minutes immediately after the machine is
filled, serviced, or restocked; or
(A) In a mechanically refrigerated or hot food storage unit, the sensor of a
temperature measuring device shall be located to measure the air temperature or a
simulated product temperature in the warmest part of a mechanically refrigerated
unit and in the coolest part of a hot food storage unit.
4-204.113 Warewashing Machine, Data Plate Operating Specifications.
A warewashing machine shall be provided with an easily accessible and readable data plate
affixed to the machine by the manufacturer that indicates the machine's design and operating
specifications including the:
(A) Temperatures required for washing, rinsing, and sanitizing;
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.
A warewashing machine shall be equipped with a temperature measuring device that indicates
the temperature of the water:
(A) In each wash and rinse tank; and
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 77°C (171°F); and
4-204.118 Warewashing Machines, Flow Pressure Device.
(A) Warewashing machines that provide a fresh hot water sanitizing rinse shall be
equipped with a pressure gauge or similar device such as a transducer that
measures and displays the water pressure in the supply line immediately before
entering the warewashing machine; and
4-204.119 Warewashing Sinks and Drainboards, Self-Draining.
Sinks and drainboards of warewashing sinks and machines shall be self-draining.
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.
(A) Vending machines designed to store beverages that are packaged in containers
made from paper products shall be equipped with diversion devices and retention
pans or drains for container leakage.
4-204.122 Case Lot Handling Apparatuses, Moveability.
(1) Provided with an internally mounted waste receptacle for the collection of
drip, spillage, overflow, or other internal wastes; and
(C) Shutoff devices specified under Subparagraph (B)(2) of this section shall prevent
water or liquid food from continuously running if there is a failure of a flow
control device in the water or liquid food system or waste accumulation that could
lead to overflow of the waste receptacle.
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.
(A) Vending machine doors and access opening covers to food and container storage
spaces shall be tight-fitting so that the space along the entire interface between the
doors or covers and the cabinet of the machine, if the doors or covers are in a
closed position, is no greater than 1.5 millimeters or one-sixteenth inch by:
Acceptability
(1) Being covered with louvers, screens, or materials that provide an
equivalent opening of not greater than 1.5 millimeters or one-sixteenth
inch. Screening of 12 or more mesh to 2.5 centimeters (12 mesh to 1 inch)
meets this requirement;
(B) Vending machine service connection openings through an exterior wall of a
machine shall be closed by sealants, clamps, or grommets so that the openings are
no larger than 1.5 millimeters or one-sixteenth inch.
4-205.10 Food Equipment, Certification and Classification.
Food equipment that is certified or classified for sanitation by an American National Standards
Institute (ANSI)-accredited certification program is deemed to comply with Parts 4-1 and 4-2 of
this chapter.
4-301.11 Cooling, Heating, and Holding Capacities.
Equipment for cooling and heating food, and holding cold and hot food, shall be sufficient in
number and capacity to provide food temperatures as specified under Chapter 3.
(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.
4-301.13 Drainboards.
(1) High-pressure detergent sprayers;
(D) Removed from Code.
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.
Ventilation hood systems and devices shall be sufficient in number and capacity to prevent
grease or condensation from collecting on walls and ceilings.
(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.
Utensils, Temperature Measuring Devices, and Testing Devices
4-302.11 Utensils, Consumer Self-Service.
A food dispensing utensil shall be available for each container displayed at a consumer
self-service unit such as a buffet or salad bar.
(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.
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.
A test kit or other device that accurately measures the concentration in mg/L of sanitizing
solutions shall be provided.
4-401.11 Equipment, Clothes Washers and Dryers, and Storage Cabinets,
Contamination Prevention.
(A) Except as specified in ¶ (B) of this section, equipment, a cabinet used for
the storage of food, or a cabinet that is used to store cleaned and sanitized
equipment, utensils, laundered linens, and single-service and single-use articles
may not be located:
4-402.11 Fixed Equipment, Spacing or Sealing.
(1) In locker rooms;
(B) A storage cabinet used for linens or single-service or single-use articles may be
stored in a locker room.
(A) Equipment that is fixed because it is not easily movable shall be installed so that
it is:
4-402.12 Fixed Equipment, Elevation or Sealing.
(1) Spaced to allow access for cleaning along the sides, behind, and above the
equipment;
(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
(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.
4-501.11 Good Repair and Proper Adjustment.
(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
(A) Equipment shall be maintained in a state of repair and condition that meets the
requirements specified under Parts 4-1 and 4-2.
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.
Microwave ovens shall meet the safety standards specified in 21 CFR 1030.10 Microwave
ovens.
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;
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.
4-501.16 Warewashing Sinks, Use Limitation.
(A) A warewashing sink may not be used for handwashing as specified under §
2-301.15.
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.
The wash, rinse, and sanitize solutions shall be maintained clean.
The temperature of the wash solution in manual warewashing equipment shall be maintained at
not less than 43°C (110°F) or the temperature specified on the cleaning agent
manufacturer's label instructions.
(A) The temperature of the wash solution in spray type warewashers that use hot
water to sanitize may not be less than:
4-501.111* Manual Warewashing Equipment, Hot Water Sanitization
Temperatures. *
(1) For a stationary rack, single temperature machine, 74°C
(165°F);
(B) The temperature of the wash solution in spray-type warewashers that use
chemicals to sanitize may not be less than 49°C (120°F).
If immersion in hot water is used for sanitizing in a manual operation, the temperature of the
water shall be maintained at 77°C (171°F) or above.
(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 90°C (194°F), or less than:
4-501.113 Mechanical Warewashing Equipment, Sanitization Pressure.
(1) For a stationary rack, single temperature machine, 74°C
(165°F); or
(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.
The flow pressure of the fresh hot water sanitizing rinse in a warewashing machine may not be
less than 100 kilopascals (15 pounds per square inch) or more than 170 kilopascals (25 pounds
per square inch) as measured in the water line immediately downstream or upstream from the
fresh hot water sanitizing rinse control valve.
A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at
exposure 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-approved manufacturer's
label use instructions, and shall be used as follows:
(A) A chlorine solution shall have a minimum temperature based on the concentration
and pH of the solution as listed in the following chart;
4-501.115 Manual Warewashing Equipment, Chemical Sanitization Using
Detergent-Sanitizers.
Minimum Concentration
Minimum
Temperature
mg/L
pH 10 or less
°C (°F)pH 8 or less
°C (°F)
25
49 (120)
49 (120)
50
38 (100)
24 (75)
100
13 (55)
13 (55)
(1) Minimum temperature of 24°C (75°F),
(C) A quaternary ammonium compound solution shall:
(1) Have a minimum temperature of 24°C (75°F),
(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; or
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.
Concentration of the sanitizing solution shall be accurately determined by using a test kit or
other device.
(A) Utensils shall be maintained in a state of repair or condition that complies with
the requirements specified under Parts 4-1 and 4-2 or shall be discarded.
4-502.12* Single-Service and Single-Use Articles, Required Use.
*
A food establishment without facilities specified under Parts 4-6 and 4-7 for cleaning and
sanitizing kitchenware and tableware shall provide only single-use kitchenware, single-service
articles, and single-use articles for use by food employees and single-service articles for use by
Consumers.
(A) Single-service and single-use articles may not be reused.
4-502.14 Shells, Use Limitation.
Mollusk and crustacea shells may not be used more than once as serving containers.
(A) Equipment food-contact surfaces and utensils shall be clean to sight and touch.
Frequency
4-602.11* Equipment Food-Contact Surfaces and Utensils. *
(A) Equipment food-contact surfaces and utensils shall be cleaned:
4-602.12 Cooking and Baking Equipment.
(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;
(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.
(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;
(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:N
(a) The utensils and equipment are cleaned at the frequency in the
following chart that corresponds to the temperature; and
(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;
Temperature
Cleaning Frequency
5.0°C (41°F) or less
24 hours
>5.0°C - 7.2°C
(>41°F -
45°F) 20 hours
>7.2°C - 10.0°C
(>45°F -
50°F)16 hours
>10.0°C - 12.8°C
(>50°F -
55°F) 10 hours
(a) Characteristics of the equipment and its use,
(7) In-use utensils are intermittently stored in a container of water in which
the water is maintained at 57°C (135°F) 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.
(1) At any time when contamination may have occurred;
(a) At a frequency specified by the manufacturer, or
(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).
4-602.13 Nonfood-Contact Surfaces.
Nonfood-contact surfaces of equipment shall be cleaned at a frequency necessary to preclude
accumulation of soil residues.
(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).
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.
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
4-603.14 Wet Cleaning.
(A) Equipment food-contact surfaces and utensils shall be effectively washed to
remove or completely loosen soils by using the manual or mechanical means
necessary such as the application of detergents containing wetting agents and
emulsifiers; acid, alkaline, or abrasive cleaners; hot water; brushes; scouring
pads; high-pressure sprays; or ultrasonic devices.
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;
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:
4-603.17 * Returnables, Cleaning for Refilling.*
(1) A 3-compartment sink,
(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
(C) Removed from Code; or
(1) Integrated in the application of the sanitizing solution, and
(E) If using a warewashing machine that recycles the sanitizing solution for use in the
next wash cycle, use of a nondistinct water rinse that is integrated in the
application of the sanitizing solution.
(A) Except as specified in ¶¶ (B) and (C) of this section, returned empty
containers intended for cleaning and refilling with food shall be cleaned and
refilled in a regulated food processing plant.
4-701.10 Food-Contact Surfaces and Utensils.
(1) Only beverages that are not potentially hazardous food (time/temperature
control for safety food) is used as specified under ¶ 3-304.17(A);
(a) An employee of the food establishment, or
Objective
Equipment food-contact surfaces and utensils shall be sanitized.
4-702.11* Before Use After Cleaning. *
Utensils and food-contact surfaces of equipment shall be sanitized before use after cleaning.
4-703.11* Hot Water and Chemical. *
After being cleaned, equipment food-contact surfaces and utensils shall be sanitized in:
(A) Hot water manual operations by immersion for at least 30 seconds and as
specified under § 4-501.111;
4-801.11 Clean Linens.
(1) Except as specified under Subparagraph (C)(2) of this section, an
exposure time of at least 10 seconds for a chlorine solution specified under
¶ 4-501.114(A),
Clean linens shall be free from food residues and other soiling matter.
4-802.11 Specifications.
(A) Linens that do not come in direct contact with food shall be laundered
between operations if they become wet, sticky, or visibly soiled.
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.
(A) Except as specified in ¶ (B) of this section, linens shall be mechanically washed.
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.
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
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.
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.
Equipment shall be reassembled so that food-contact surfaces are not contaminated.
4-903.11 Equipment, Utensils, Linens, and Single-Service and Single-Use Articles.
(A) Except as specified in ¶ (D) of this section, cleaned equipment and utensils,
laundered linens, and single-service and single-use articles shall be stored:
4-903.12 Prohibitions.
(1) In a clean, dry location;
(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
(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.
(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:
Preventing Contamination
(1) In locker rooms;
(B) Laundered linens and single-service and single-use articles that are packaged or in
a facility such as a cabinet may be stored in a locker room.
4-904.11 Kitchenware and Tableware.
(A) Single-service and single-use articles and cleaned and sanitized utensils shall be
handled, displayed, and dispensed so that contamination of food- and lip-contact
surfaces is prevented.
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.
(A) Tableware that is preset shall be protected from contamination by being wrapped,
covered, or inverted.
(1) Removed when a consumer is seated; or
5-101.11* Approved System. *
Drinking water shall be obtained from an approved source that is:
(A) A public water system; or
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.
Bottled drinking water used or sold in a food establishment shall be obtained from approved
sources in accordance with 21 CFR 129 - Processing and Bottling of Bottled drinking water.
5-102.11* Standards. *
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 drinking water quality standards; and
5-102.12* Nondrinking Water. *
(A) A nondrinking water supply shall be used only if its use is approved.
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.
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.
(A) The water source and system shall be of sufficient capacity to meet the peak water
demands of the food establishment.
Water Supply; Requirements
81-2,272.31 (Replaces 2005 Food Code 5-103.12 and 5-104.11)
Except in response to a temporary interruption of a water supply in the food establishment, any
food establishment which is not a mobile food unit or temporary food establishment shall:
(1) Have water under pressure provided to all fixtures, equipment, and nonfood
equipment that are required to use water;
5-104.12 Alternative Water Supply.
Water meeting the requirements specified under Subparts 5-101, 5-102, and 5-103 shall be made
available for a mobile facility, for a temporary food establishment without a permanent water
supply, and for a food establishment with a temporary interruption of its water supply through:
(A) A supply of containers of commercially bottled drinking water;
5-201.11* Approved. *
(A) A plumbing system and hoses conveying water shall be constructed and repaired
with approved materials according to law.
5-202.11* Approved System and Cleanable Fixtures. *
(A) A plumbing system shall be designed, constructed, and installed according to law.
5-202.12 Handwashing Sink, Installation.
(A) A handwashing sink shall be equipped to provide water at a temperature of at
least 38°C (100°F) through a mixing valve or combination faucet.
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).
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.
A water filter, screen, and other water conditioning device installed on water lines shall be
designed to facilitate disassembly for periodic servicing and cleaning. A water filter element
shall be of the replaceable type.
5-203.11* Handwashing Sinks. *
(A) Except as specified in ¶¶ (B) 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.
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.
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.
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; or
5-203.15* Backflow Prevention Device, Carbonator. *
(A) If not provided with an air gap as specified under § 5-202.13, a double 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.
Location and Placement
5-204.11* Handwashing Sinks. *
A handwashing sink shall be located:
(A) To allow convenient use by employees in food preparation, food dispensing, and
warewashing areas; and
5-204.12 Backflow Prevention Device, Location.
A backflow prevention device shall be located so that it may be serviced and maintained.
A water filter, screen, and other water conditioning device installed on water lines shall be
located to facilitate disassembly for periodic servicing and cleaning.
5-205.11 Using a Handwashing Sink.
(A) A handwashing sink shall be maintained so that it is accessible at all times for
employee use.
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.
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 charge.
(A) A reservoir that is used to supply water to a device such as a produce fogger shall
be:
5-205.15* System Maintained in Good Repair. *
(1) Maintained in accordance with manufacturer's specifications; and
(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;
A plumbing system shall be:
(A) Repaired according to law; and
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;
Design and Construction
5-302.11 Enclosed System, Sloped to Drain.
A mobile water tank shall be:
(A) Enclosed from the filling inlet to the discharge outlet; and
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
5-302.13 "V" Type Threads, Use Limitation.
(1) Provided with a gasket and a device for securing the cover in place, and
A fitting with "V" type threads on a water tank inlet or outlet shall be allowed only when a hose
is permanently attached.
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
5-302.15 Inlet and Outlet, Sloped to Drain.
(A) A water tank and its inlet and outlet shall be sloped to drain.
5-302.16 Hose, Construction and Identification.
A hose used for conveying drinking water from a water tank shall be:
(A) Safe;
Numbers and Capacities
5-303.11 Filter, Compressed Air.
A filter that does not pass oil or oil vapors shall be installed in the air supply line between the
compressor and drinking water system when compressed air is used to pressurize the water tank
system.
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.
A mobile food establishment's water tank inlet shall be:
(A) 19.1 mm (three-fourths inch) in inner diameter or less; and
Operation and Maintenance
5-304.11* System Flushing and Sanitization. *
A water tank, pump, and hoses shall be flushed and sanitized before being placed in service after
construction, repair, modification, and periods of nonuse.
A person shall operate a water tank, pump, and hoses so that backflow and other contamination
of the water supply are prevented.
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.
(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.
Mobile Holding Tank
5-401.11 Capacity and Drainage.
A sewage holding tank in a mobile food establishment shall be:
(A) Sized 15 percent larger in capacity than the water supply tank; and
Retention, Drainage and Delivery
5-402.10 Establishment Drainage System.
Food establishment drainage systems, including grease traps, that convey sewage shall be
designed and installed as specified under ¶ 5-202.11(A).
(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 equipment, or utensils are placed.
5-402.12 Grease Trap.
If used, a grease trap shall be located to be easily accessible for cleaning.
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.
Sewage and other liquid wastes shall be removed from a mobile food establishment at an
approved waste servicing area or by a sewage transport vehicle in such a way that a public health
hazard or nuisance is not created.
A tank for liquid waste retention shall be thoroughly flushed and drained in a sanitary manner
during the servicing operation.
5-403.11* Approved Sewage Disposal System. *
Sewage shall be disposed through an approved facility that is:
(A) A public sewage treatment plant; or
5-403.12 Other Liquid Wastes and Rainwater.
Condensate drainage and other nonsewage liquids and rainwater shall be drained from point of
discharge to disposal according to law.
5-501.10 Indoor Storage Area.
If located within the food establishment, a storage area for refuse, recyclables, and returnables
shall meet the requirements specified under §§ 6-101.11, 6-201.11 - 6-201.18,
6-202.15, and 6-202.16.
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.
If used, an outdoor enclosure for refuse, recyclables, and returnables shall be constructed of
durable and cleanable materials.
(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.
5-501.14 Receptacles in Vending Machines.
Except for a receptacle for beverage bottle crown closures, a refuse receptacle may not be
located within a vending machine.
(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.
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.
5-501.17 Toilet Room Receptacle, Covered.
A toilet room used by females shall be provided with a covered receptacle for sanitary napkins.
(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.
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.
5-501.110 Storing Refuse, Recyclables, and Returnables.
Refuse, recyclables, and returnables shall be stored in receptacles or waste handling units so that
they are inaccessible to insects and rodents.
Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be
maintained in good repair.
(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.
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:
5-501.114 Using Drain Plugs.
(1) Contain food residue and are not in continuous use; or
(B) With tight-fitting lids or doors if kept outside the food establishment.
Drains in receptacles and waste handling units for refuse, recyclables, and returnables shall have
drain plugs in place.
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.
(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.
Removal
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.
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
Facilities for Disposal and Recycling
5-503.11 Community or Individual Facility.
Solid waste not disposed of through the sewage system such as through grinders and pulpers
shall be recycled or disposed of in an approved public or private community recycling or refuse
facility; or solid waste shall be disposed of in an individual refuse facility such as a landfill or
incinerator which is sized, constructed, maintained, and operated according to law.
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:
Outdoor Areas
(1) Smooth, durable, and easily cleanable for areas where food establishment
operations are conducted;
(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
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.
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.
(A) Utility service lines and pipes may not be unnecessarily exposed.
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).
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.
6-201.15 Floor Covering, Mats and Duckboards.
(1) Securely attached to the floor with a durable mastic, by using a stretch and
tack method, or by another method; and
Mats and duckboards shall be designed to be removable and easily cleanable.
(A) Wall and ceiling covering materials shall be attached so that they are easily
cleanable.
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.
6-201.18 Walls and Ceilings, Studs, Joists, and Rafters.
Except for temporary food establishments, studs, joists, and rafters may not be exposed in areas
subject to moisture.
6-202.11 Light Bulbs, Protective Shielding.
(A) Except as specified in ¶ (B) of this section, light bulbs shall be shielded,
coated, or otherwise shatter-resistant in areas where there is exposed food; clean
equipment, utensils, and linens; or unwrapped single-service and single-use
articles.
6-202.12 Heating, Ventilating, Air Conditioning System Vents.
(1) The integrity of the packages can not be affected by broken glass falling
onto them; and
(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.
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.
(A) Insect control devices that are used to electrocute or stun flying insects shall be
designed to retain the insect within the device.
6-202.14 Toilet Rooms, Enclosed.
(1) The devices are not located over a food preparation area; and
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.
(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:
6-202.16 Exterior Walls and Roofs, Protective Barrier.
(1) Filling or closing holes and other gaps along floors, walls, and ceilings;
(B) Paragraph (A) of this section does not apply if a food establishment opens into a
larger structure, such as a mall, airport, or office building, or into an attached
structure, such as a porch, and the outer openings from the larger or attached
structure are protected against the entry of insects and rodents.
(1) Solid and tight-fitting;
(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;
(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.
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.
Except for machines that vend canned beverages, if located outside, a machine used to vend food
shall be provided with overhead protection.
Except for areas used only for the loading of water or the discharge of sewage and other liquid
waste, through the use of a closed system of hoses, servicing areas shall be provided with
overhead protection.
Exterior walking and driving surfaces shall be 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.
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.
Living or sleeping quarters located on the premises of a food establishment such as those
provided for lodging registration clerks or resident managers shall be separated from rooms and
areas used for food establishment operations by complete partitioning and solid self-closing
doors.
6-301.10 Minimum Number.
Handwashing facilities shall be provided as specified under § 5-203.11.
Each handwashing sink or group of 2 adjacent handwashing sinks shall be provided with a
supply of hand cleaning liquid, powder, or bar soap.
Each handwashing sink or group of adjacent handwashing sinks shall be provided with:
(A) Individual, disposable towels;
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).
A handwashing sink or group of adjacent handwashing sinks that is provided with disposable
towels shall be provided with a waste receptacle as specified under ¶ 5-501.16(C).
6-302.10 Minimum Number.
Toilets and urinals shall be provided as specified under § 5-203.12.
A supply of toilet tissue shall be available at each toilet.
6-303.11 Intensity.
The light intensity shall be:
(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;
Ventilation
(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;
(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.
6-304.11 Mechanical.
If necessary to keep rooms free of excessive heat, steam, condensation, vapors, obnoxious odors,
smoke, and fumes, mechanical ventilation of sufficient capacity shall be provided.
6-305.11 Designation.
(A) Dressing rooms or dressing areas shall be designated if employees routinely
change their clothes in the establishment.
Service Sinks
6-306.10 Availability.
A service sink or curbed cleaning facility shall be provided as specified under § 5-203.13.
6-401.10 Conveniently Located.
Handwashing sinks shall be conveniently located as specified under § 5-204.11.
6-402.11 Convenience and Accessibility.
Toilet rooms shall be conveniently located and accessible to employees during all hours of
operation.
6-403.11 Designated Areas.
(A) Areas designated for employees to eat, drink, and use tobacco shall be located so
that food, equipment, linens, and single-service and single-use articles are
protected from contamination.
Distressed Merchandise
6-404.11 Segregation and Location.
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, utensils, linens, and single-service and single-use
articles.
6-405.10 Receptacles, Waste Handling Units, and Designated Storage Areas.
Units, receptacles, and areas designated for storage of refuse and recyclable and returnable
containers shall be located as specified under § 5-501.19.
6-501.11 Repairing.
The physical facilities shall be maintained in good repair.
(A) The physical facilities shall be cleaned as often as necessary to keep them clean.
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.
6-501.14 Cleaning Ventilation Systems, Nuisance and Discharge Prohibition.
(1) Without the use of dust-arresting compounds; and
(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.
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.
After use, mops shall be placed in a position that allows them to air-dry without soiling walls,
equipment, or supplies.
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.
Plumbing fixtures such as handwashing sinks, toilets, and urinals shall be cleaned as often as
necessary to keep them clean and maintained and used as specified under § 5-205.11.
Except during cleaning and maintenance operations, toilet room doors as specified under §
6-202.14 shall be kept closed.
(A) Dressing rooms shall be used by employees if the employees regularly change
their clothes in the establishment.
6-501.111* Controlling Pests. *
The presence of insects, rodents, and other pests shall be controlled to minimize their presence
on the premises by:
(A) Routinely inspecting incoming shipments of food and supplies;N
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.
Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall be:
(A) Stored so they do not contaminate food, equipment, utensils, linens, and
single-service and single-use articles; and
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
6-501.115* Prohibiting Animals. *
(A) Except as specified in ¶¶ (B) and (C) of this section, live animals may
not be allowed on the premises of a food establishment.
(1) Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or
under refrigeration, and shellfish and crustacea in display tank systems;
(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.
(a) Effective partitioning and self-closing doors separate the common
dining areas from food storage or food preparation areas,
(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.
7-101.11* Identifying Information, Prominence. *
Containers of poisonous or toxic materials and personal care items shall bear a legible
manufacturer's label.
7-102.11* Common Name. *
Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers
taken from bulk supplies shall be clearly and individually identified with the common name of
the material.
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;S and
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.S
7-202.12* Conditions of Use. *
Poisonous or toxic materials shall be:
(A) Used according to:
Container Prohibitions
(1) Law and this Code,
(B) Applied so that:
(1) A hazard to employees or other persons is not constituted, and
(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.
(a) Removing the items,
7-203.11* Poisonous or Toxic Material Containers. *
A container previously used to store poisonous or toxic materials may not be used to store,
transport, or dispense food.
7-204.11* Sanitizers, Criteria. *
Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces shall
meet the requirements specified in 40 CFR 180.940 Tolerance exemptions for active and inert
ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions).
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.
Chemicals used as boiler water additives shall meet the requirements specified in 21 CFR
173.310 Boiler water additives.
Drying agents used in conjunction with sanitization shall:
(A) Contain only components that are listed as one of the following:
Lubricants
(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,
(B) When sanitization is with chemicals, the approval required under Subparagraph
(A)(3) or (A)(5) of this section or the regulation as an indirect food additive
required under Subparagraph (A)(4) of this section, shall be specifically for use
with chemical sanitizing solutions.
7-205.11* Incidental Food Contact, Criteria. *
Lubricants shall meet the requirements specified in 21 CFR 178.3570 Lubricants with incidental
food contact, if they are used on food-contact surfaces, on bearings and gears located on or
within food-contact surfaces, or on bearings and gears that are located so that lubricants may
leak, drip, or be forced into food or onto food-contact surfaces.
7-206.11* Restricted Use Pesticides, Criteria. *
Restricted use pesticides specified under ¶ 7-202.12(C) shall meet the requirements
specified in 40 CFR 152 Subpart I - Classification of Pesticides.
Rodent bait shall be contained in a covered, tamper-resistant bait station.
(A) Except as specified in ¶ (B) of this section, a tracking powder pesticide may
not be used in a food establishment.
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 employees shall be allowed in a
food establishment.
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; and
First Aid Supplies
7-208.11* Storage. *
First aid supplies that are in a food establishment for the employees' use shall be:
(A) Labeled as specified under § 7-101.11;S and
Other Personal Care Items
7-209.11 Storage.
Except as specified under §§ 7-207.12 and 7-208.11, employees shall store their
personal care items in facilities as specified under ¶ 6-305.11(B).
7-301.11* Separation. *
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;S
and
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.
Before a variance from a requirement of this Code is approved, the information that shall be
provided by the 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;
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; 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;
Facility and Operating Plans
(1) Procedures for monitoring the critical control points,
81-2,267 (Replaces 2005 Food Code 8-201.11 When Plans Are Required)
Prior to construction of, conversion to, or remodeling of a food establishment, food processing
plant, or salvage operation, properly prepared plans and specifications for such construction,
conversion, or remodeling shall be submitted to the regulatory authority for review and approval.
The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans,
construction materials of work areas, type and model of proposed fixed equipment and facilities,
and description of the type of food to be served or sold. The regulatory authority shall treat such
plans and specifications as confidential or trade secret information and shall approve the plans
and specifications if they meet the requirements of the Nebraska Pure Food Act. No food
establishment, food processing plant, or salvage operation shall be constructed, converted, or
remodeled except in accordance with plans and specifications approved by the regulatory
authority.
(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:
8-201.14 Contents of a HACCP Plan.
(1) Submission of a HACCP plan is required according to law.
(B) Removed.
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 authority;
Frequency
(1) Ingredients, materials, and equipment used in the preparation of that food,
and,
(C) Removed from Code.
(1) Each critical control point,
(E) Additional scientific data or other information, as required by the regulatory
authority, supporting the determination that food safety is not compromised by
the proposal.
8-401.10 Establishing Inspection Interval.
(A) Except as specified in ¶¶ (B) and (C) of this section, the regulatory
authority shall inspect a food establishment at least once every 6 months.
8-401.20 Performance- and Risk-Based.
(1) The food establishment is fully operating under an approved and validated
HACCP plan as specified under § 8-201.14 and ¶¶
8-103.12(A) and (B);
(C) The regulatory authority shall periodically inspect throughout its permit period a
temporary food establishment that prepares, sells, or serves unpackaged
potentially hazardous food (time/temperature control for safety food) and that:
(1) Has improvised rather than permanent facilities or equipment for
accomplishing functions such as handwashing, food preparation and
protection, food temperature control, warewashing, providing drinking
water, waste retention and disposal, and insect and rodent control; or
Within the parameters specified in § 8-401.10, the regulatory authority shall prioritize, and
conduct more frequent inspections based upon its assessment of a food establishment's history of
compliance with this Code and the establishment's potential as a vector of foodborne illness by
evaluating:
(A) Past performance, for nonconformance with Code or HACCP plan requirements
that are critical;
8-402.10 Competency of Inspectors.
An authorized representative of the regulatory authority who inspects a food establishment or
conducts plan review for compliance with this Code shall have the knowledge, skills, and ability
to adequately perform the required duties.
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.
81-2,288.01 (Replaces 2005 Food Code 8-403.10 Documenting Information and
Observations)
(1) The regulatory authority shall document on an inspection report form:
8-403.30 Issuing Report and Obtaining Acknowledgment of Receipt.
(a) Administrative information about the food establishment's legal identity, street and
mailing
addresses, type of establishment and operation, inspection date, status of the
permit, and personnel certificates that may be required;
(2) The regulatory authority shall specify on the inspection report form the time
frame for correction of the violations as specified in the Nebraska Pure Food Act.
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.
The regulatory authority shall:
(A) Inform a person who declines to sign an acknowledgment of receipt of
inspectional findings as specified in § 8-403.30 that:
Violation of Critical Items
(1) An acknowledgment of receipt is not an agreement with findings,
(B) Make a final request that the person in charge sign an acknowledgment receipt of
inspectional findings.
8-405.11 Timely Correction.
(A) Except as specified in ¶ (B) of this section, a permit holder shall at the time of
inspection correct a violation of a critical item of this Code and implement
corrective actions for a HACCP plan provision that is not in compliance with its
critical limit.
8-405.20 Verification and Documentation of Correction.
(A) After observing at the time of inspection a correction of a violation of a critical
item or deviation, the regulatory authority shall enter the violation and
information about the corrective action on the inspection report.
Non Critical Violation
8-406.11 Time Frame for Correction.
(A) Except as specified in ¶ (B) of this section, the permit holder shall correct
noncritical violations by a date and time agreed to or specified by the regulatory
authority but no later than 90 calendar days after the inspection.
Investigation and Control
8-501.10 Obtaining Information: Personal History of Illness, Medical Examination,
and Specimen Analysis.
The regulatory authority shall act when it has reasonable cause to believe that a food employee
or conditional employee has possibly transmitted disease; may be infected with a disease in a
communicable form that is transmissible through food; may be a carrier of infectious agents that
cause a disease that is transmissible through food; or is affected with a boil, an infected wound,
or acute respiratory infection, by:
(A) Securing a confidential medical history of the food employee or conditional
employee suspected of transmitting disease or making other investigations as
deemed appropriate; and,
8-501.20 Restriction or Exclusion of Food Employee, or Summary Suspension of
Permit.
Based on the findings of an investigation related to a food employee or conditional employee
who is suspected of being infected or diseased, the regulatory authority may issue an order to the
suspected food employee, or conditional employee or permit holder instituting one or more of
the following control measures:
(A) Restricting the food employee or conditional employee;
8-501.30 Restriction or Exclusion Order: Warning or Hearing Not Required,
Information Required in Order.
Based on the findings of the investigation as specified in § 8-501.10 and to control disease
transmission, the regulatory authority may issue an order of restriction or exclusion to a
suspected food employee or the permit holder without prior warning, notice of a hearing, or a
hearing if the order:
(A) States the reasons for the restriction or exclusion that is ordered;
8-501.40 Removal of Exclusions and Restrictions.
The regulatory authority shall release a food employee, or conditional employee from restriction
or exclusion according to law and the conditions specified under § 2-201.13.
(1) A holder of a permit issued under the Nebraska Pure Food Act shall comply with
the act, the rules and regulations adopted pursuant thereto, and any order of the
director issued pursuant thereto. The permitholder shall not interfere with the
department in the performance of its duties.