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Table of Contents SUBCHAPTER 1 – Definitions, alphabetically A

B-C,

D-E,

F-G,

H-K,

L-M,

N-P,

1 R,

S,

T,

U-W

SUBCHAPTER 3 –

Management & Personnel ........................................ 21

SUBCHAPTER 5 –

Food ....................................................................... 39

SUBCHAPTER 7 –

Equipment, Utensils, and Linens ............................. 79

SUBCHAPTER 9 –

Water, Plumbing, and Waste .................................. 113

SUBCHAPTER 11 – Physical Facilities ................................................. 129 SUBCHAPTER 13 – Poisonous or Toxic Materials ................................. 143 SUBCHAPTER 15 – Compliance and Enforcement ............................... 149 SUBCHAPTER 17 – Mobile Regulations ................................................ 165 Index ................................................................................................. 169 A–Cl

Cl–Em

Em–Ha

Ha–Li

Li–Ph

Pl–Se

Se–Un

Ut–W

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SUBCHAPTER 1. PURPOSE AND DEFINITIONS Section 310:257-1-1. 310:257-1-2. 310:257-1-3. 310:257-1-4.

Purpose Definitions Incorporated by reference Exemptions

310:257-1-1. Purpose

[1-101.10, 1-102.10, 1-1031.10]

The rules in this Chapter implement Article 11, 63 O.S. 2001, Sections 1-1101 et seq. The purpose is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented. This Chapter establishes definitions; sets standards for management and personnel, food operations, and equipment and facilities; and provides for food service establishment plan review, license issuance, inspection, employee restriction, and license suspension. 310:257-1-2. Definitions

[1-201]

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise. "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. These ANSICFP Accreditation programs include but are not limited to: National Restaurant Association Solutions, LLC (ServeSafe), Prometric, Inc. and National Registry of Food Safety Professionals. (A) 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. (B) Accredited program does not refer to training functions or educational programs. "Adulterated" means the definition in 63 O.S. 2001, Section 1-1109. "Approved" means acceptable to the Department based on a determination of conformity with principles, practices, and generally recognized standards that protect public health. "Asymptomatic” means without obvious symptoms; not showing or producing indications of a disease or other medical conditions, such as an individual 1

infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice. Asymptomatic includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested. "aw" means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol aw. "Balut" means an embryo inside a fertile egg that has been incubated for a period sufficient for the embryo to reach a specific state 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. "Certified applicator" means any individual who is certified under 7 USC 136(i) and/or by the Oklahoma State Department of Agriculture as authorized to use or supervise the use of any pesticide that is classified for restricted use. Any applicator who holds or applies registered pesticides or uses dilutions of registered pesticides consistent with the product labeling only to provide a service of controlling pests without delivering any unapplied pesticide to any person so served is not deemed to be a seller or distributor of pesticides. "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. "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. It does not include the cleaning of equipment such as bandsaws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system. "CFR" means Code of Federal Regulations. Citations in this Chapter to the CFR refer sequentially to the Title, Part, and Section numbers, such as 21 CFR 178.1010 refers to Title 21, Part 178, Section 1010. "Code of Federal Regulations" means the compilation of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government which is published 2

annually by the U.S. Government Printing Office; and contains FDA rules in 21 CFR, USDA rules in 7 CFR and 9 CFR, EPA rules in 40 CFR, and Wildlife and Fisheries rules in 50 CFR. "Color additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(t) and 21 CFR 70. "Commingle" means to combine shellstock harvested on different days or from different growing areas as identified on the tag or label, or to combine shucked shellfish from containers with different container codes or different shucking dates. "Comminuted" means reduced in size by methods including chopping, flaking, grinding, or mincing and includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, sausage; and a mixture of 2 or more types of meat that have been reduced in size and combined, such as sausages made from 2 or more meats. "Commissary" means a facility used to maintain safe and sanitary operations for the cleaning and servicing of pushcarts and mobile retail units, mobile food service establishments; and for the storage of food and single service articles used in those units. "Common dining area" means a central location in a group residence where people gather to eat at mealtime but does not apply to a kitchenette or dining area located within private living quarters. "Community water system" means any public water supply system, which serves at least 15 service connections, used year round or regularly serves 25 customers per day. "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 service establishment or food processing plant, and does not offer the food for resale. "Core item" means a provision of this Chapter that is not designated as a priority item or priority foundation item and includes an item that usually relates to general sanitation, operational controls, sanitation standard 3

operating procedures, facilities or structures, equipment design or general maintenance. "Corrosion-resistant material" means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment. "Counter-mounted equipment" means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf. “Critical control point" means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk. "Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur. "Customer self-service" means customer selection and packaging of a bulk food product from a product module. "Cut leafy greens" means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. The term "leafy greens" includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leafy lettuce (i.e., immature lettuce or leafy greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula and chard. The term "leafy greens" does not include herbs such as cilantro or parsley. "Dealer" means a person who is authorized by a shellfish control authority for the activities of shellstock shipper, shucker-packer, repacker, reshipper, or depuration processor of molluscan shellfish according to the provisions of the National Shellfish Sanitation Program. "Department" means the Oklahoma State Department of Health and a health department designated in writing by the State Commissioner of Health to perform official duties or other acts authorized under the Oklahoma Public Health Code and this Chapter. "Disclosure" means a written statement that clearly identifies the animalderived 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. "Display area" means a location or locations, including physical facilities and equipment, where bulk food is offered for customer self-service. "Drinking water" means water that meets 40 CFR 141 National Primary Drinking Water Regulations. It is traditionally known as "potable water." Drinking water does not mean "water" where the term used connotes that 4

the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater," and "nondrinking" water. "Dry storage area" means a room or area designated for the storage of packaged or containerized bulk food that is not potentially hazardous and dry goods such as single-service items. "Easily cleanable" means a characteristic of a surface that allows effective removal of soil by normal cleaning methods; is dependent on the material, design, construction, and installation of the surface; and 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. Easily cleanable includes a tiered application of the criteria that qualify the surface as easily cleanable to different situations in which varying degrees of cleanability are required such as 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 the need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area. "Easily movable" means portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and has 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. "Egg" means the shell egg of the domesticated chicken, turkey, duck, goose, or guinea. Egg does not include a balut, the egg of reptile species such as alligator or an egg product. "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. Egg products does not include food which contains eggs only in a relatively small proportion such as cake mixes. "Employee" means the license holder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food service establishment. "Enterohemorrhagic Escherichia coli" – (EHEC) means E. coli which cause hemorrhagic colitis, meaning bleeding enterically or bleeding from the intestine. The term is typically used in association with E. coli that have the capacity to produce Shiga toxins and to cause attaching and effacing lesions 

The term “potentially hazardous” in this document means “Time/Temperature Control for Safety Food”.

5

in the intestine. EHEC is a subset of STEC, whose members produce additional virulence factors. Infections with EHEC may be asymptomatic but are classically associated with bloody diarrhea (hemorrhagic colitis) and hemolytic uremic syndrome (HUS) or thrombotic thrombocytopenic purpura (TTP). Examples of serotypes of EHEC include: E. coli O157:H7; E. coli O157:NM; E. coli O26:H11; E. coli O145:NM; E. coli O103:H2; or E. coli O111:NM. Also see Shiga Toxin-Producing E. coli. "EPA" means the U.S. Environmental Protection Agency. "Equipment" means an article that is used in the operation of a food service 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. It does not include items used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids. Food equipment that shall be certified by the National Sanitation Foundation (NSF) or an equivalent organization includes but is not limited to, floor mounted refrigerators, grills, warewashing machines, griddles, fryers, ice machines, and steam tables; and counter mounted equipment such as slicers, grinders, food processors, crock-pot/hot holding units, and other similar food processing equipment. "Event or celebration" means a social gathering open to the general public that has been organized for a special occasion or purpose, having a limited time or serves a specific function. "Exclude" means to prevent a person from working as a food employee or entering a food service establishment except for those areas open to the general public. "Farmers Market" means a designated area in which farmers, growers or producers from a defined region gather on a regularly scheduled basis to sell at retail non-potentially hazardous farm food products and whole shell eggs to the public. A portion of the raw food ingredients used by the individual vendor to produce a product must have been grown or raised by the vendor. The individual vendors wishing to process food as defined by Good Manufacturing Practice, OAC 310:260 of the regulations must obtain a state food processor's license. A Farmers' Market must have written operational guidelines and a minimum of six vendors along with a designated market manager or advisory board who will be responsible for distribution of a copy of the guidelines to the vendors. Farmers' Markets must be registered by the Oklahoma Department of Agriculture, Food and Forestry and comply with the Food Service Establishments, 310:257, and/or Good Manufacturing Practice, OAC 310:260. This definition does 

The term “potentially hazardous” in this document means “Time/Temperature Control for Safety Food”.

6

not include individual farmers who grow and sell unprocessed fruit and/or vegetables from the farm, roadside or truck. Any vendors who prepare or sell any Time/Temperature Control for Safety Foods at the Farmers’ Markets must abide by all applicable sections of Food Service Establishments, OAC 310:257 of the regulations including acquiring a license from the department. "FDA" means the U.S. Food and Drug Administration. "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. Fish includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner. "Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum. "Food additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(s) and 21 CFR 170. "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 a surface of equipment or a utensil with which food normally comes into contact; or a surface of equipment or a utensil from which food may drain, drip, or splash into a food, or onto a surface normally in contact with food. "Food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces. "Food service establishment" means an operation that stores, prepares, packages, serves, vends food directly to the consumer, or otherwise provides food for human consumption: such as a restaurant; satellite, commissary or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; institution; or food bank; and that relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers. (A) Food service establishment includes: An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the Department; or an operation that is conducted in a mobile, stationary, temporary, or 7

permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food. (B) Food service establishment does not include: (i)

Food processing plant; including those that are located on the premises of a food establishment;

(ii)

A kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale if allowed by law and if the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the Department;

(iii) An area where food that is prepared as specified in paragraph (B) of this definition is sold or offered for human consumption; (iv) A kitchen in a private home, such as a small family day-care provider; or a bed-and-breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 3, breakfast is the only meal offered; (v)

A private home that receives catered or home-delivered food;

(vi) Incidental sales; or (vii) The sale of whole produce grown by a producer and sold on a roadside or locations away from their property and transported by the grower or transported without third-party intervention and/or storage, and the produce is maintained in a safe, unadulterated condition. "Food service establishment - fee exempt" means a food service establishment that utilizes non-paid persons by a nonprofit, civic, charitable or religious organization primarily for benevolent purposes. (A) Fee exempt licensees shall comply with the applicable sections of these rules depending upon the type of operation involved; e.g., food service, retail food, combination, temporary, or mobile. (B) Fee exempt licenses, except temporary licenses, shall not expire but shall remain in full force and effect until revoked, suspended, annulled or withdrawn by the Commissioner in accordance with applicable law. A license is not required for a non-profit civic, charitable or religious organization, using non-paid persons to prepare or serve food on its

The term “potentially hazardous” in this document means “Time/Temperature Control for Safety Food”.

8

behalf, for occasional fund-raising events sponsored and conducted by the organization. "Food processing plant" means a commercial operation that manufactures, packages, labels, or stores food for human consumption and provides food for sale or distribution to other business entities such as food processing plants or food establishments. "Game animal" means an animal, the products of which are food, that is not included in the definitions of 2 O.S. 2001, §§ 6-183 et seq. (cattle, bison, sheep, swine and goats). Equines are not included due to the provisions of 63 O.S. 2001, §1-1135 (prohibits the use of equine for food), 2 O.S. 2001, § 6-251 et seq. (poultry, including any domestic bird whether live or dead), 2 O.S. 2001, §§ 6-280.1 et seq. (domesticated rabbits whether live or dead), 2 O.S. 2001, § 6-290.3 et seq. (exotic livestock including commercially raised livestock and including but not limited to animals of the families bovidae, cervidae, antilocapridae, or in the definitions of fish in this Section). "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. "Grade A standards" means the requirements of the United States Public Health Service/FDA "Grade A Pasteurized Milk Ordinance" and "Grade A Condensed and Dry Milk Ordinance" with which certain fluid and dry milk and milk products comply. "Group residence" means a private or public housing corporation or institutional facility that provides living quarters and meals or includes a domicile for unrelated persons. "HACCP" means Hazard Analysis Critical Control Point. "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" 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 washing of the hands. "Hazard" means a biological, chemical, or physical property that may cause an unacceptable consumer health risk. "Health practitioner" means a physician licensed to practice medicine, 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 9

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: immunocompromised; preschool age children, or older adults; and obtaining food at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center. "Imminent 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 the number of potential injuries, and the nature, severity, and duration of the anticipated injury. "Impermeable" means incapable of allowing liquids to pass through the covering. "Incidental sale" means the sale of food on the premises where food is not a primary reason to frequent the establishment, but where prepackaged, nonTime/Temperature Control for Safety Food is offered for purchase as a convenience to the customer. "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". "Juice" means, when used in the context of food safety, the aqueous liquid expressed or extracted from one or more fruits or vegetables, purées of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or purée. Juice does not include, for purposes of HACCP, liquids, purees, or concentrates that are not used as beverages or ingredients of beverages. "Kitchenware" means food preparation and storage utensils. "License" means the document issued by the Department that authorizes a person to operate a food service establishment. "License holder" means the entity that is legally responsible for the operation of the food service establishment such as the owner, the owner's agent, or other person; and possesses a valid license to operate a food service establishment. "Linens" means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.

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"Major food allergen" means milk, egg, fish (such as bass, flounder, cod, and including crustacean such as crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or a food ingredient that contains protein derived from a food specified above. (A) Major food allergen does not include: Any highly refined oil derived from a food specified in Major Food Allergen definition and any ingredient derived from such highly refined oil; or (B) Any ingredient that is exempt under the petition or notification process specified in the Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282). "Meat" means the flesh of animals used as food including the dressed flesh of cattle, bison, swine, sheep, or goats and other edible animals, except fish, poultry, and wild game animals. "Mechanically tenderized" means meat manipulated with deep penetration by processes which may be referred to as "blade tenderizing," "jaccarding," "pinning," "needling," or using blades, pins, needles or any mechanical device. Mechanically tenderized does not include processes by which solutions are injected into meat. See the definition for injected. "mg/L" means milligrams per liter, which is the metric equivalent of parts per million (ppm). "Misbranding" means the definition contained in 63 O.S. 2001, § 1-1110. "Mobile food service establishment" means a facility that prepares food and is vehicle mounted (is Department of Transportation road approved, including wheels and axles), is readily moveable and remains at one physical address for no more than 12 hours at one time. "Mobile pushcart" means a non-self propelled food unit that can be manually moved. "Mobile retail food service establishment" means a unit which sells packaged foods from a stationary display at a location some distance from the unit but still at the same physical address for no more than 12 hours, provided the licensed unit is on premise and readily available for inspection and the food has been prepared in a facility that is regulated by the Good Manufacturing Practices in Title 21 of the CFR or regulated as a license holder pursuant to Chapter 310:260, Good Manufacturing Practice Regulations, or this Chapter. "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.

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"Non-community water system" means any public water supply system, which serves an average of at least 25 individuals at least 60 days per year and is not a community water system. "Non-transient non-community water system" means any public water supply system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year. "Occasional" means not habitual; random, irregularly or infrequent and used for special, occasional social gatherings for an event or celebration acting in a specified capacity from time to time. "Packaged" means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food service establishment or a food processing plant. It 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. "Person" means an association, a corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency. "Person in charge" means the individual present at a food service establishment who is responsible for the operation. "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. It may include items such as medicines; first aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash. "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 service establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents. "Plumbing fixture" means a receptacle or device that is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises. "Plumbing system" means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers 12

and building drains, including their respective connections, devices, and appurtenances within the premises; and water-treating equipment. "Poisonous or toxic materials" means substances that are not intended for ingestion and are included in 4 categories: (A) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals; (B) Pesticides, except sanitizers, which include substances such as insecticides and rodenticides; (C) 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 (D) 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. "Poultry" means any domesticated bird (chickens, turkeys, ducks, geese, ratites, guineas or squabs), whether live or dead, as defined in 9 CFR 381 Poultry Products Inspection Regulations; and any migratory waterfowl, game bird, such as pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined in 9 CFR 362 Voluntary Poultry Inspection Regulations, Definitions. "Premises" means the physical facility, its contents, and the contiguous land or property under the control of the license holder; or the physical facility, its contents, and the land or property not under the control of the license holder, unless its facilities and contents are under the control of the license holder and may impact food service establishment personnel, facilities, or operations, and a food service establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison. "Prepared food" means a food processed by the manufacturer or seller, by cooking, cleaning, or the like, so as to be ready to serve or use with little or no further preparation. "Primal cut" means a basic major cut into which carcasses and sides of meat are separated, such as a beef round, pork loin, lamb flank, or veal breast. "Priority item" means a provision in this Chapter the application of which contributes directly to the elimination, prevention or reduction to an acceptable level of hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazards. Priority item includes an item with a quantifiable measure to show control of hazards such as cooking, reheating, cooling or handwashing. 13

"Priority foundation item" means a provision in this Chapter whose application supports, facilitates, or enables one or more priority items. "Priority foundation item" includes an item that requires the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling. "Ratite" means a flightless bird such as an emu, ostrich, or rhea. "Ready-to-eat food" means food that is in a form that is edible without additional preparation to achieve food safety, as specified under 310:257-546(a)-(c) or 310:257-5-47 or 310:257-5-48.1, or is a raw or partially cooked animal food and the consumer is advised as specified under 310:257-546(d)(1) and (2); or is prepared in accordance with a variance that is granted as specified 310:257-5-46(d)(1) and (3); and may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes. "Ready-to-eat food" includes raw animal food that is cooked as specified under 310:257-5-46 or 310:257-5-47, or frozen as specified under 310:2575-48.1; raw fruits and vegetables that are washed as specified under OAC 310:257-5-27; fruits and vegetables that are cooked for hot holding, as specified under 310:257-5-48; All Time/Temperature Control for Safety Food that is cooked to the temperature and time required for the specific food under 310:257-5-46 through 310:257-5-48 and cooled as specified in 310:257-5-57; 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; substances derived from plants such as spices, seasonings, and sugar; A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not required for food safety; 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 foods manufactured according to 21 CFR Part 113, Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers.

14

"Reduced oxygen packaging" means the reduction of the amount of oxygen in a package by removing oxygen; displacing oxygen and replacing it with another gas or combination of gases; or otherwise controlling the oxygen content to a level below that normally found in the surrounding, 21% oxygen atmosphere, and a process that involves a food for which Clostridium botulinum is identified as a microbiological hazard in the final packaged form. Reduced oxygen packaging includes vacuum packaging, in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package, such as sous-vide; modified atmosphere packaging, in which the atmosphere of a package of food is modified so that its composition is different from air but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes: reduction in the proportion of oxygen, total replacement of oxygen, or an increase in the proportion of other gases such as carbon dioxide or nitrogen; and 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. "Refuse" means solid waste not carried by water through the sewage system. "Regulatory authority" means the Oklahoma State Department of Health and a health department designated in writing by the State Commissioner of Health to perform official duties or other acts authorized under the Oklahoma Public Health Code and this Chapter. "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; and 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. 15

"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 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; an additive that is used as specified in § 409 or 706 of the Federal Food, Drug, and Cosmetic Act; or 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. "Seasonal food service establishment" means a facility that is open no more than 180 consecutive days per physical address per year. The seasonal food service establishment is limited to serving coffee and snow cones with use of liquid milk, raw fruits, raw vegetables, nuts in the shell, and commercially bottled syrup, sorghum, honey, sweet cider, and other non-Time/Temperature Control for Safety Foods. "Seasonal fruit stand" means an establishment that is open no more than 180 consecutive days per physical address per year and is limited to whole, raw fruits and vegetables and unprocessed nuts in the shell that have been purchased from a third-party vendor. "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 service 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. 16

"Shiga toxin-producing Escherichia coli" means any E. coli capable of producing Shiga toxins (also called verocytotoxins or "Shiga-like" toxins)". "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" means utensils and bulk food containers designed and constructed to be used once and discarded. “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 310:257-7-1, 310:257-7-13 and 310:257-7-15 for multiuse utensils. "Slacking" means the process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of -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. "Smooth" means 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; A nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and a floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean. "Tableware" means eating, drinking, and serving utensils for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and plates. "Temperature measuring device" means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water. "Temporary food service establishment" means a food service establishment where food is offered for sale or sold at retail from a fixed, temporary facility in conjunction with a single event or celebration not to exceed the duration of the event or celebration. "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.

17

(A) Time/Temperature Control for Safety Food includes an animal food, meaning a food of animal origin, that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth or toxin formation; and Except for (B) of this definition, food because of the interaction of its Aw and pH value, is designated as Produce Assessment Required (PA) in Table A or B of this definition

Table A. Interaction of PH and AW for control of spores in FOOD heat-treated to destroy vegetative cells and subsequently PACKAGED AW

values

PH

values

4.6 or less

> 4.6 - 5.6

> 5.6

≤0.92

non-TCS FOOD**

>0.92 - .95

non-TCS

non-TCS

PA***

>0.95

non-TCS

PA***

PA***

non-TCS non-TCS

** 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 4.6 - 5.0

>5.0

0.90 - 0.92

non-TCS

non-TCS

PA

PA

>0.92

non-TCS

PA

PA

PA

PA***

** TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD *** PA means Product Assessment required (B) Time/Temperature Control for Safety Food does not include an air-cooled hard-boiled egg with shell intact, or a shell egg that is not hard-boiled, but has been treated to destroy all viable Salmonellae, a food with an Aw value of 0.85 or less, a food with a pH level of 4.6 or below when measured at 24°C (75°F), a food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution, a food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of S. Enteritidis in eggs or C. botulinum cannot occur, such 18

as a food that has an aw and a pH that are above the levels identified in this definition and that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms; or a food that does not support the growth of microorganisms, even though the food may contain an infectious or toxigenic microorganism or chemical or physical contaminant at a level sufficient to cause illness. "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 Department in conformity with this Chapter to approve a modification or waiver of one or more requirements of this Chapter. "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. 310:257-1-3. Incorporated by reference Title 7: Part 56 and 136(e),(i); Title 9:, 301, 308.3(d), 317,317.2(i), Subpart B, 319, 319 Subpart A, 352, 354, 362, 381, 381.125(b), 381 Subpart N, 424.21, 424.21(b) Subpart C, 590; Title 21: 101, 101.17(g)(h), 113, 120, 120.24, 129, 130, 131 through 169, 133, 135, 141, 170 through 186, 176.3800, 181 through 186, 1030.10 and Subpart D 1240.60(d); Title 40: 141, 152 Subpart I, 152.175, and Title 50: 17 of the Code of Federal Regulations (CFR), as of April 1, 2002 are incorporated by reference. The Federal Food, Drug and Cosmetic Act Sections 201(s), 201(t), 401, 403(Q)(3-5), 409, and 706; Seven United States Code 56 and 136(e)(i) are incorporated by reference. The United States Department of Agriculture List of Proprietary Substances and Nonfood Compounds, 19

Miscellaneous Publication No. 1419 are incorporated by reference. The United States Food and Drug Administration Over the Counter Health-Care Antiseptic Drug Products; 2 O.S. 2001 §§ 6-183 et seq., 6-251 et seq., 6-254, 6-280.1 et seq., and 6-290.3(6) et seq.; 2 O.S. 2000 §§ 7-406 and 7-407; 63 O.S. 2001 §§ 11110 and 1-1135 are incorporated by reference. National Shellfish Sanitation Program (NSSP), Model Ordinance, Guide for the Control of Molluscan Shellfish; Interstate Certified Shellfish Shipper’s List (ICSSL) are incorporated by reference; Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108282) are incorporated by reference. American Society of Sanitary Engineers (A.S.S.E.) are incorporated by reference; OAC 252:631. Public Water Supply Operation are incorporated by reference. OAC 310:225. Bottled Drinking Water Regulations are incorporated by reference. OAC 252:626 Public Water Supply Construction Standards are incorporated by reference. OAC 252:641 Individual and Small Public On Site Sewage Disposal Systems are incorporated by reference. OAC 252:656 Water Pollution Control Facility Construction are incorporated by reference; International Plumbing Code are incorporated by reference; National Sanitation Foundation (NSF) are incorporated by reference; American National Standards Institute (ANSI) and OAC 158:50 Mechanical Industry Regulations are incorporated by reference. 310:257-1-4. Exemptions The food service establishment definition does not include a food processing plant; a facility that sells only pre-packaged, non-Time/Temperature Control for Safety Foods, which are incidental to the business, and does not have food in storage; a kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization’s bake sale; a kitchen in a private home, such as a bed-andbreakfast operation that prepares and offers food to guests if the number of available guest bedrooms does not exceed three (3) and breakfast is the only meal offered; a lodging facility that is serving food according to 310:285-3-14, Lodging Establishments; a private home that receives catered or home-delivered food; or individual farmers' market vendors that are in compliance with the definition of a farmers' market and hold a food processors license from the Oklahoma Department of Health and/or small egg packer license, licensed by the Oklahoma Department of Agriculture, Food and Forestry. The sale of whole produce is exempt if grown by a producer and sold on a roadside or locations away from the producer’s property and transported by the grower or transported without thirdparty intervention and/or storage, and if the produce is maintained in a safe, unadulterated condition.

The term “potentially hazardous” in this document means “Time/Temperature Control for Safety Food”.

20

SUBCHAPTER 3. MANAGEMENT AND PERSONNEL Section Section 3-1. 3-2. 3-3. 3-4. 3-5. 3-6. 3-7. 3-8. 3-9. 3-10. 3-11. 3-12. 3-13. 3-14. 3-15. 3-16. 3-17. 3-18. 3-19. 3-20. 3-21.

Assignment Demonstration Person in charge Responsibility of the person in charge to require reporting by food employees and applicants Exclusions and restrictions Removal of exclusions and restrictions Responsibility of a food employee or an applicant to report to the person in charge Reporting by the person in charge [RESERVED] Clean condition Cleaning procedure Special handwash procedures [RESERVED] When to wash Where to wash Hand sanitizers Maintenance (Fingernails & Polish) Prohibition Clean condition Eating, drinking, or using tobacco Discharges from the eyes, nose, and mouth Effectiveness Handling prohibition

310:257-3-1. Assignment

Page 21 22 22 24 26 27 33 33 33 33 34 34 35 35 36

[2-101.11]

(a) Except as specified in (b) of this Section, the license holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food service establishment during all hours of operation. Pf (b) In a food service establishment with two or more departments that are the legal responsibility of the same license holder and that are located on the same premises, the license holder may, during specific time periods when food is not being prepared, packaged, or served, designate a single person in charge who is present on the premises during all hours of operation, and who is responsible for the licensed food establishment. Pf (c) The food service establishment license holder through the certified food manager or person in charge shall develop and implement standard operating procedures that ensure compliance with 310:257-15-7. Pf 21

310:257-3-2. Demonstration

[2-102.11]

Based on the risks inherent to the food operation, during inspections and upon request the certified food manager or person in charge shall demonstrate to the Department knowledge of foodborne disease prevention, application of the Hazard Analysis Critical Control Point principles, and the requirements of this Chapter. The person in charge at the time of the inspection shall demonstrate this knowledge by: (1)

Complying with this Chapter by having no priority items during the current inspection; or Pf

(2)

Being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program; or Pf

(3) Documenting or demonstrating the implementation of operating procedures as specified in 310:257-15-7(5) and 310:257-15-7(6): (A) Employees are trained to comply with this Chapter, including awareness of major food allergens, as necessary to perform their assigned duties; and Pf (B) Food preparation activities are directed and corrective action is taken as needed to protect the health of the consumer; and Pf (C) In-house self inspections of daily operations are conducted on at least a daily basis to ensure that food safety policies and procedures are followed. Pf 310:257-3-3. Person in charge The person in charge shall ensure that:

[2-103.11]

(1)

Food service establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under 310:257-11-21; Pf

(2)

Persons unnecessary to the food service 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; Pf

(3)

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 Chapter; Pf

(4)

Employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing; Pf 22

(5)

Employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt; Pf

(6)

Employees are properly cooking 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 310:257-7-23 and 310:257-7-78(b); Pf

(7)

Employees are using proper methods to rapidly cool Time/ Temperature Control for Safety Foods that are not held hot or are not for consumption within 4 hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling; Pf

(8)

Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed as specified under 310:257-5-69 that the food is not cooked sufficiently to ensure its safety; Pf

(9)

Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing; Pf

(10) 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 310:257-5-35; Pf (11) Except when otherwise approved as specified in 310:257-5-21(b), employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment; and Pf (12) Employees are properly trained in food safety, including awareness of major food allergens, as it relates to their assigned duties; and Pf (13) Food employees and conditional employees are informed of their responsibility to report to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food, as specified under 310:257-3-4(a). Pf

23

310:257-3-4. Responsibility of the person in charge to require reporting by food employees and applicants

[2-201.11]

(a) Employee reporting. The license holder shall require 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: (1)

Reportable symptoms. Has any of the following symptoms: (A) Vomiting, P (B) Diarrhea, P (C) Jaundice, P (D) Sore throat with fever; or P (E) A lesion containing pus such as a boil or infected wound that is open or draining on any part of the body; P

(2)

Reportable diagnosis. Has an infection diagnosed by a health practitioner or identified by the Department due to: (A) Norovirus, P (B) Hepatitis A virus, P (C) Shigella species, P (D) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, or

P

(E) Salmonella species; P (3)

Reportable past illness. Has been ill within the past three months due to diagnosed Salmonella Typhi but did not receive antibiotic therapy; or P

(4)

Reportable history of exposure. Has been exposed to or is the suspected source of a recent confirmed disease outbreak related to an infection listed in (a)(2) of this Section. P

(b) Availability of educational materials. The Department shall make available educational materials, employee interview forms, and employee reporting agreements to assist license holders, persons in charge, and employees in complying with the requirements in (a) of this Section. The materials and forms shall include guidance in gathering and reporting exposure-related information as necessary to assess the employee’s level of risk for transmitting

24

disease as a result of illness under (a)(3) of this Section or exposure under (a)(4) of this Section. (c) Responsibility of person in charge to notify the regulatory authority. The person in charge shall notify the Department when a food employee is diagnosed with an illness due to a pathogen as specified under (a)(2) of this Section. Pf (d) Responsibility of the person in charge to prohibit a conditional employee from becoming a food employee. The person in charge shall ensure that a conditional employee: (1)

Has symptoms or diagnosis. Who exhibits or reports a symptom, or who reports a diagnosed illness as specified under (a)(1) through (a)(3) of this Section, is prohibited from becoming a food employee until the conditional employee meets the criteria as specified under 310:257-3-6; and P

(2)

Had exposure. Who will work as a food employee in a food service establishment that serves a highly susceptible population and reports a history of exposure as specified under (a)(4) of this Section, is prohibited from becoming a food employee until the conditional employee meets the criteria as specified under 310:257-3-6. P

(e) Responsibility of the person in charge to exclude or restrict. 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 (a) of this Section is: (1)

Exclusions. Excluded as specified under 310:257-3-5 (relating to exclusions and restrictions) and in compliance with 310:257-3-6 (relating to removal, adjustment, or retention of exclusions and restrictions); or P

(2)

Restrictions. Restricted as specified under Subsections 310:257-3-5 and in compliance with the provisions specified under 310:257-3-6. P

(f) Responsibility of food employees and conditional employees to report. A food employee or conditional employee shall report to the person in charge the information as specified under (a) of this Section. Pf (g) Responsibility of food employees to comply. A food employee shall: (1)

Comply with exclusion. Comply with the exclusion as specified under 310:257-3-5 and with the provisions specified under 310:257-3-6. P

(2)

Comply with restrictions. Comply with the restrictions as specified under 310:257-3-5 and comply with the provisions specified under 310:257-3-6. P

25

310:257-3-5. Exclusions and restrictions

[2-201.12]

(a) Conditions for exclusion or restriction. The person in charge shall exclude or restrict a food employee from a food service establishment in accordance with the following: (1)

Symptomatic with vomiting or diarrhea. Except when the symptom is from a noninfectious condition as documented by a health practitioner, exclude a food employee if the food employee is: (A) Symptomatic with vomiting or diarrhea; or

P

(B) Symptomatic with vomiting or diarrhea and diagnosed with an infection from Norovirus, Salmonella spp., Shigella spp., or Enterohemorrhagic or Shiga toxin-producing E. coli. P (2)

Jaundiced or diagnosed with hepatitis A infection. employee who is:

Exclude a food

(A) Jaundiced and the onset 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. P (B) Diagnosed with an infection from hepatitis A virus within fourteen calendar days from the onset of any illness symptoms, or within 7 calendar days of the onset of jaundice; or P (C) Diagnosed with an infection from hepatitis A virus without developing symptoms. P (3)

Diagnosed or reported previous infection due to Salmonella. Exclude a food employee who is diagnosed with an infection from Salmonella, or reports a previous untreated infection from Salmonella Typhi within the past 3 months as specified under 310:257-3-4(a)(3). P

(4)

Diagnosed with an asymptomatic infection from Norovirus. If a food employee is diagnosed with an infection from Norovirus and is asymptomatic: (A) Exclude the food employee who works in a food establishment serving a highly susceptible population; or P (B) Restrict the food employee who works in a food establishment not serving a highly susceptible population. P

(5)

Diagnosed with Shigella spp. infection and asymptomatic. If a food employee is diagnosed with an infection from Shigella spp., and is asymptomatic:

26

(6)

(7)

(A) Exclude the food employee who works in a food establishment serving a highly susceptible population; or P

service

(B) Restrict the food employee who works in a food establishment not serving a highly susceptible population. P

service

Diagnosed with Enterohemorrhagic or Shiga toxin-producing E. coli (EHEC or STEC) and asymptomatic. If a food employee is diagnosed with an infection from EHEC or STEC, and is asymptomatic: (A) Exclude the food employee who works in a food establishment serving a highly susceptible population; or P

service

(B) Restrict the food employee who works in a food establishment not serving a highly susceptible population. P

service

Symptomatic with sore throat with fever. If a food employee is ill with symptoms of acute onset of sore throat with fever: (A) Exclude the food employee who works in a food establishment serving a highly susceptible population; or P

service

(B) Restrict the food employee who works in a food establishment not serving a highly susceptible population. P

service

(8)

Symptomatic with uncovered infected wound or pustular boil. 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 with an impermeable cover, restrict the food employee. P

(9)

Exposed to foodborne pathogen and works in food establishment serving highly susceptible population. If a food employee is exposed to a foodborne pathogen as specified in 310:257-3-4 or 310:257-3-5, restrict the food employee who works in a food service establishment serving a highly susceptible population. P

(b) Availability of educational materials. The Department shall make available educational materials, forms, and decision trees or algorithms to assist license holders, persons in charge, and employees in determining when a food employee shall be excluded or restricted. 310:257-3-6. Removal, adjustment, or retention of exclusions and restrictions.

[2-201.13]

(a) Managing exclusions or restrictions. The person in charge shall adhere to the following conditions when removing, adjusting, or retaining the exclusion or restriction of a food employee: (1)

Conditions for diagnosis other than hepatitis A virus, or Salmonella. Except when a food employee is diagnosed with an infection from hepatitis A virus or Salmonella: 27

(A) Removing exclusion for food employee who was symptomatic and not diagnosed. Reinstate a food employee who was excluded as specified in 310:257-3-5(a)(1)(A) if the food employee: (i)

Is asymptomatic; or

(ii)

Provides to the person in charge written medical documentation from a health practitioner that states the symptom is from a noninfectious condition. P

P

(B) Norovirus diagnosis. If a food employee was diagnosed with an infection from Norovirus and excluded as specified in 310:257-35(a)(1)(B): (i)

Adjusting exclusion for food employee who was symptomatic and is now asymptomatic. Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food service establishment not serving a highly susceptible population, until the conditions for reinstatement as specified in (a)(4)(A) or (a)(4)(B) of this Section are met; or P

(ii)

Retaining exclusion for food employee who was asymptomatic and is now asymptomatic and works in food establishment serving highly susceptible population. Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food service establishment that serves a highly susceptible population, until the conditions for reinstatement as specified in (a)(4)(A) or (a)(4)(B) of this Section are met. P

(C) Shigella spp. diagnosis. If a food employee was diagnosed with an infection from Shigella spp. and excluded as specified in 310:257-35(a)(1)(B): (i)

Adjusting exclusion for food employee who was symptomatic and is now asymptomatic. Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food service establishment not serving a highly susceptible population, until the conditions for reinstatement as specified in (a)(5)(A) or (a)(5)(B) of this Section are met; or P

(ii)

Retaining exclusion for food employee who was asymptomatic and is now asymptomatic. 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 in (a)(5)(A) or (a)(5)(B) of this Section, or (a)(5)(A) and (a)(3)(A) of this Section are met. P

28

(D) EHEC or STEC diagnosis. If a food employee was diagnosed with an infection from Enterohemorrhagic or Shiga toxin-producing Escherichia coli and excluded as specified under 310:257-35(a)(1)(B):

(2)

(i)

Adjusting exclusion for food employee who was symptomatic and is now asymptomatic. Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food service establishment not serving a highly susceptible population, until the conditions for reinstatement as specified in (a)(6)(A) or (a)(6)(B) of this Section are met; or P

(ii)

Retaining exclusion for food employee who was asymptomatic and is now asymptomatic and works in food establishment serving highly susceptible population. Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food service establishment that serves a highly susceptible population, until the conditions for reinstatement as specified in (a)(6)(A) or (a)(6)(B) of this Section are met. P

Hepatitis A virus or jaundice diagnosis - removing exclusions. Reinstate a food employee who was excluded as specified in 310:257-3-5(a)(2) if the person in charge obtains approval from the Department and one of the following conditions are met; (A) Jaundiced for more than 7 days. The food employee has been jaundiced for more than 7 calendar days; P (B) Symptoms other than jaundice. The anicteric food employee has been symptomatic with symptoms other than jaundice for more than 14 calendar days; or P (C) Medical documentation - free of hepatitis A virus. The food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of hepatitis A virus infection. P

(3)

Salmonella diagnosis - removing exclusions. Reinstate a food employee who was excluded as specified in 310:257-3-5(a)(3) if: (A) Approval from Department. The person in charge obtains approval from the Department; and P (B) Medical documentation - free from Salmonella. The food employee provides to the person in charge written medical documentation from a health practitioner that states the food employee is free from Salmonella infection. P

(4)

Norovirus diagnosis - removing exclusion or restriction. Reinstate a food employee who was excluded as specified in 310:257-3-5(a)(1)(B) or 29

310:257-3-5(a)(4)(A) who was restricted under 310:257-3-5(a)(4)(B) if the person in charge obtains approval from the Department and one of the following conditions are met: (A) Written medical documentation - free of Norovirus. The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner or public health official stating that the food employee is free of a Norovirus infection; P (B) Symptoms resolved and more than 72 hours. The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than 72 hours have passed since the food employee became asymptomatic; or P (C) Excluded or restricted food employee did not develop symptoms and more than 72 hours have passed since diagnosis. The food employee was excluded or restricted and did not develop symptoms and more than 72 hours have passed since the food employee was diagnosed. P (5)

Shigella spp. diagnosis - removing exclusion or restriction. Reinstate a food employee who was excluded as specified in 310:257-3-5(a)(1)(B) or 310:257-3-5(a)(5)(A) or who was restricted in 310:257-3-5(a)(5)(B) if the person in charge obtains approval from the Department and one of the following conditions is met: (A) Written medical documentation - free of Shigella spp. The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner or public health official 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: (i)

Not earlier than 48 hours after discontinuance of antibiotics, and P

(ii)

At least 24 hours apart;

P

(B) Symptoms resolved - more than four (4) days passed. The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than four (4) calendar days have passed since the food employee became asymptomatic; or P (C) Excluded or restricted food employee did not develop symptoms and more than four (4) days passed since diagnosis. The food employee was excluded or restricted and did not develop symptoms and more than four (4) calendar days have passed since the food employee was diagnosed. P

30

(6)

EHEC or STEC diagnosis - removing exclusion or restriction. Reinstate a food employee who was excluded or restricted as specified in 310:257-35(a)(1)(B) or 310:257-3-5(a)(6)(A) or who was restricted in 310:257-35(a)(6)(B) if the person in charge obtains approval from the Department and one of the following conditions is met: (A) Written medical documentation - free of infection. The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner or public health official 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: P (i)

Not earlier than 48 hours after discontinuance of antibiotics; and P

(ii)

At least 24 hours apart;

P

(B) Symptoms resolved - more than ten (10) days passed. The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved and more than ten (10) calendar days have passed since the food employee became asymptomatic; or P (C) Excluded or restricted employee did not develop symptoms and more than ten (10) days passed since diagnosis. The food employee was excluded or restricted and did not develop symptoms and more than ten (10) days have passed since the food employee was diagnosed. P (7)

Sore throat with fever - removing exclusion or restriction. Reinstate a food employee who was excluded or restricted as specified in 310:257-35(a)(7)(A) or 310:257-3-5(a)(7)(B) 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) Has received antibiotic therapy for Streptococcus infection for more than 24 hours; P (B) Has at least one negative throat specimen culture for Streptococcus infection; or P (C) Is otherwise determined by a health practitioner to be free of a Streptococcus infection. P

(8)

Uncovered infected wound or pustular boil - removing restriction. Reinstate a food employee who was restricted as specified in 310:257-35(a)(8) if the skin, infected wound, cut, or pustular boil is properly covered with one of the following:

31

(A) Impermeable cover - hand, finger, or wrist. An impermeable cover such as a finger cot or stall and a single-use glove over the impermeable cover if the infected wound or pustular boil is on the hand, finger, or wrist; P (B) Impermeable cover – arm. An impermeable cover on the arm if the infected wound or pustular boil is on the arm; or P

(9)

(C) Impermeable cover – other parts of body. A dry, durable, tight-fitting bandage if the infected wound or pustular boil is on another part of the body. P Exposure to foodborne pathogen and works in food establishment serving highly susceptible population – removing restriction. Reinstate a food employee who was restricted as specified in 310:257-3-5(a)(9) and was exposed to one of the following pathogens as specified in 310:257-34(a)(4) or 310:257-3-4(a)(5): (A) Norovirus. Norovirus and one of the following conditions is met: (i)

More than 72 hours have passed since the last day the employee was potentially exposed; or P

(ii)

More than 72 hours have passed since the food employee's household contact became asymptomatic or was deemed no longer communicable by a public health official. P

(B) Shigella spp., EHEC, or STEC. Shigella spp. or Enterohemorrhagic or Shiga toxin-producing Escherichia coli and one of the following conditions is met: (i)

More than 4 calendar days for Shigella, or more than 10 calendar days for STEC, have passed since the last day the food employee was potentially exposed; or P

(ii)

More than 4 calendar days for Shigella, or more than 10 calendar days for STEC, have passed since the food employee's household contact became asymptomatic. P

(C) Salmonella spp. Salmonella spp., with the exception of Salmonella Typhi, and one of the following conditions is met: (i)

More than three (3) calendar days have passed since the last day the food employee was potentially exposed; or P

(ii)

More than three (3) calendar days have passed since the food employee's household contact was deemed no longer communicable by the Department. P

(D) Hepatitis A virus. conditions is met:

Hepatitis A virus and one of the following

32

(i)

The food employee is immune to the hepatitis A virus infection because of a prior illness from hepatitis A; P

(ii)

The food employee is immune to hepatitis A virus infection because of vaccination against hepatitis A; P

(iii) The food employee is immune to hepatitis A virus infection because of receipt of anti-hepatitis A immunoglobulin or hepatitis A vaccine within 14 days of exposure; P (iv) More than 50 calendar days have passed since the last day the food employee was potentially exposed; P (v)

More than 50 calendar days have passed since the food employee's household contact became jaundiced or is deemed no longer communicable by a public health official; or P

(vi) The food employee does not use an alternative procedure that allows bare hand contact with ready-to-eat food until at least 50 days after the potential exposure, as specified in (a)(9)(D)(iv) and (a)(9)(D)(v) of this Section, and the food employee receives additional training about: (I)

Hepatitis A symptoms and preventing the transmission of infection, P (II) Proper handwashing procedures, and P (III) Protecting ready-to-eat food from contamination introduced by bare hand contact. P (b) Availability of educational materials. The Department shall make available educational materials, forms, and decision trees or algorithms to assist license holders, persons in charge, employees and health care practitioners in determining when a food employee exclusion or restriction should be removed, adjusted or retained. 310:257-3-7. Responsibility of a food employee or an applicant to report to the person in charge: [RESERVED] 310:257-3-8. Reporting by the person in charge [RESERVED] 310:257-3-9. Clean condition

[2-301.11]

Food employees shall keep their hands and exposed portions of their arms clean. P 310:257-3-10. Cleaning procedure

[2-301.12]

(a) Except as specified in paragraph (b) of this Section, food employees shall clean their hands and exposed portions of their arms (or surrogate 33

prosthetic devices for hands or arms) for at least 20 seconds, using a cleaning compound in a lavatory that is equipped as specified under 310:257-9-14. P (b) Food employees shall use the following cleaning procedure in the order stated to clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hand and arms: (1)

Rinse under clean, running warm water;

(2)

Apply an amount of cleaning compound recommended by the cleaning compound manufacturer; P

(3)

Rub together vigorously for at least 10 to 15 seconds while:

P

(A) Paying particular attention to removing soil from underneath the fingernails during the cleaning procedure; and P (B) Creating friction on the surfaces of the hands and arms or surrogate prosthetic devices for hands and arms, finger tips, and areas between the fingers; P (4)

Thoroughly rinse under clean, running warm water; and

(5)

Immediately follow the cleaning procedure with thorough drying using a method as specified in 310:257-11-25. 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. P

P

310:257-3-11. Special handwash procedures [RESERVED]

[2-301.13]

310:257-3-12. When to wash

[2-301.14]

Food employees shall clean their hands and exposed portions of their arms as specified under OAC 310:257-3-10 immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles and: P (1)

After touching bare human body parts other than clean hands and clean, exposed portions of arms; P

(2)

After using the toilet room;

(3)

After caring for or handling service animals or aquatic animals as specified in OAC 310:257-3-21(b); P

(4)

Except as specified in OAC 310:257-3-18(b), after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking; P

(5)

After handling soiled equipment or utensils;

P

34

P

(6)

During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks; P

(7)

When switching between working with raw food and working with ready-to-eat food; P

(8)

Before donning gloves for working with food; and

(9)

After engaging in other activities that contaminate the hands.

310:257-3-13. Where to wash

P P

[2-301.15]

Food employees shall clean their hands in a handwashing lavatory or approved automatic handwashing facility and may not clean their hands in a sink used for food preparation or warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.Pf 310:257-3-14. Hand antiseptics

[2-301.16]

(a) A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap shall: (1)

Comply with one of the following: (A) Be an approved drug that is listed in the FDA publication Approved Drug Products with Therapeutic Equivalence Evaluations as an approved drug based on safety and effectiveness; or Pf (B) Have active antimicrobial ingredients that are listed in the FDA monograph for OTC Health-Care Antiseptic Drug Products as an antiseptic handwash, and Pf

(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 foodcontact articles; or Pf (B) Comply with and be listed in: (i)

21 CFR 178 – Indirect Food Additives: Adjuvants; Production Aids, and Sanitizers as regulated for use as a food additive with conditions of safe use; or Pf

(ii)

21 CFR 182 – Substances Generally Recognized as Safe; or

Pf

(iii) 21 CFR 184 – Direct Food Substances Affirmed as Generally Recognized as Safe for use in contact with food, and Pf (3)

Be applied only to hands that are cleaned as specified in 310:257-3-10. Pf 35

(b) If a hand antiseptic or a hand antiseptic solution used as a hand dip does not meet the criteria specified under (a)(1)(B) of this Section, use shall be: (1)

Followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves; or Pf

(2)

Limited to situations that involve no direct contact with food by the bare hands. Pf

(c) A hand antiseptic solution used as a hand dip shall be maintained clean and at a strength equivalent to at least 100 mg/L chlorine. Pf 310:257-3-15. Maintenance

[2-302.11]

(a) Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough. Pf (b) Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or artificial fingernails when working with exposed food. Pf 310:257-3-16. Prohibition

[2-303.11]

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. 310:257-3-17. Clean condition

[2-304.11]

Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles. 310:257-3-18. Eating, drinking, or using tobacco

[2-401.11]

(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 singleservice and single-use articles; or other items needing protection can not result. (b) A food employee may drink from a closed beverage container if the container is handled to prevent contamination of: (1)

The employee’s hands;

(2)

The container; and

(3)

Exposed food, clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

36

310:257-3-19. Discharges from the eyes, nose, and mouth

[2-401.12]

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 singleservice or single-use articles. 310:257-3-20. Effectiveness

[2-402.11]

(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. (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 singleuse articles. 310:257-3-21. Handling prohibition

[2-403.11]

(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 OAC 310:257-11-54(b)(2-5). Pf (b) Food employees with service animals may handle or care for their service animals and food employees may handle or care for fish in aquariums or molluscan shellfish or crustacea in display tanks if they wash their hands as specified under OAC 310:257-3-10 and OAC 310:257-3-12(3).

37

38

SUBCHAPTER 5. FOOD Section 310:257-5-1. 310:257-5-2. 310:257-5-3. 310:257-5-4. 310:257-5-5. 310:257-5-6. 310:257-5-7. 310:257-5-8. 310:257-5-9. 310:257-5-10. 310:257-5-11. 310:257-5-12. 310:257-5-13. 310:257-5-14. 310:257-5-15. 310:257-5-16. 310:257-5-17. 310:257-5-18. 310:257-5-19. 310:257-5-20. 310:257-5-21. 310:257-5-22. 310:257-5-23. 310:257-5-24. 310:257-5-25. 310:257-5-26. 310:257-5-27. 310:257-5-28. 310:257-5-29. 310:257-5-30. 310:257-5-31. 310:257-5-32. 310:257-5-33. 310:257-5-34. 310:257-5-35. 310:257-5-36. 310:257-5-37. 310:257-5-38.

Safe, unadulterated, and honestly presented Compliance with food law Food in a hermetically sealed container Fluid milk and milk products Fish Molluscan shellfish Wild mushrooms Game Animals Temperature Additives Shell eggs Eggs and milk products, pasteurized Package integrity Ice Shucked shellfish, packaging and identification Shellstock identification Shellstock, condition Juice treated Molluscan shellfish, original container Shellstock, maintaining identification Preventing contamination from hands Preventing contamination when testing Packaged and unpackaged food-separation, packing, and segregation Food storage containers, identified with common name of food Pasteurized eggs, substitute for raw shell eggs for certain recipes Protection from unapproved additives Washing fruits and vegetables Ice used as exterior coolant, prohibited as ingredient Storage or display of food in contact with water or ice Food contact with equipment and utensils In-use utensils, between-use storage Linens and napkins, use limitation Wiping cloths, use limitation Gloves, use limitation Using clean tableware for second portions and refills Refilling returnables Food storage Food storage, prohibited areas

39

310:257-5-39. 310:257-5-40. 310:257-5-41. 310:257-5-42. 310:257-5-43. 310:257-5-44. 310:257-5-45. 310:257-5-46. 310:257-5-47. 310:257-5-48. 310:257-5-49. 310:257-5-50. 310:257-5-51. 310:257-5-52. 310:257-5-53. 310:257-5-54. 310:257-5-55. 310:257-5-56. 310:257-5-57. 310:257-5-58. 310:257-5-59. 310:257-5-60. 310:257-5-61. 310:257-5-62. 310:257-5-63. 310:257-5-64. 310:257-5-65. 310:257-5-66. 310:257-5-67. 310:257-5-68. 310:257-5-69. 310:257-5-70. 310:257-5-71.

Vended potentially hazardous food, original container Food preparation Food display Condiments, protection Consumer self-service operations Returned food and reserve of food Miscellaneous sources of contamination Raw animal foods Microwave cooking Plant food cooking for hot holding Parasite destruction Records, creation and retention Preparation for immediate service Reheating for hot holding Treating juice Frozen food Potentially hazardous food, slacking Thawing Cooling Cooling methods Potentially hazardous food, hot and cold holding Ready-to-eat, potentially hazardous food, date marking Ready-to-eat, potentially hazardous food, disposition Time as a public health control Variance requirement Reduced oxygen packaging, criteria Standards of identity Honestly presented Food labels Other forms of information Consumption of animal foods that are raw, undercooked, or not otherwise processed to eliminate pathogens Discarding or reconditioning unsafe, adulterated, or contaminated food Pasteurized foods, prohibited reservice, and prohibited food

310:257-5-1. Safe, unadulterated, and honestly presented

[3-101.11]

Food shall be safe, unadulterated, and, as specified under OAC 310:257-566, honestly presented. P 310:257-5-2. Compliance with food law

[3-201.11]

(a) Food shall be obtained from sources that comply with this Chapter.

P

The term “potentially hazardous” in this document means “Time/Temperature Control for Safety Food”.

40

(b) Food prepared in a private home shall not be used or offered for human consumption in a food service establishment. P (c) Packaged food shall be labeled as specified in 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 310:257-5-15 and OAC 310:257-5-16. Pf (d) Fish, other than those specified in 310:257-5-48.1(b), that are intended for consumption in their raw form and allowed as specified under 310:257-5-46 (d)(1), may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified under 310:257-5-49; or frozen on the premises as specified under 310:257-5-49 and records are retained as specified under 310:257-5-50. (e) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in 310:257-546(c) shall be: (1)

Obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them, to indicate that the steaks meet the definition of whole-muscle, intact beef, or Pf

(2)

Deemed acceptable by the Oklahoma Department of Agriculture Food and Forestry based on other evidence, such as written specifications by the processor/manufacturer that indicates that the steaks explicitly meet the definition of whole-muscle, intact beef, and

(3)

If individually cut in a food service establishment: (A) Cut from whole-muscle intact beef that is labeled by a food processing plant as specified in (e)(1) of this Section, Pf (B) Prepared so they remain intact, and

Pf

(C) If packaged for undercooking in a food service establishment, labeled as specified in (e)(1) of this section or identified as specified in (e)(2) of this Section. Pf (f) Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption, shall be labeled to include safe handling instructions as specified in law, including 9 CFR 317.2(l) and 9 CFR 381.125(b). (g) Shell eggs that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in law, including 21 CFR 101.17(h).

41

310:257-5-3. Food in a hermetically sealed container

[3-201.12]

Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant. P 310:257-5-4. Fluid milk and milk products

[3-201.13]

Fluid milk and milk products shall be obtained from sources that comply with Grade A Pasteurized Milk Ordinance as specified in law. P 310:257-5-5. Fish

[3-201.14]

(a) Fish that are received for sale or service shall be: (1)

Commercially and legally caught or harvested; or

(2)

Approved for sale or service.

P

P

(b) Molluscan shellfish that are recreationally caught may not be received for sale or service. P 310:257-5-6. Molluscan shellfish

[3-201.15]

(a) Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish. P (b) Molluscan shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List. P 310:257-5-7. Wild mushrooms

[3-201.16]

(a) Except as specified in (b) of this Section, mushroom species picked in the wild shall be obtained from sources where each mushroom is individually inspected and found to be safe by an approved mushroom identification expert. P (b) This Section does not apply to: (1)

Cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the food regulatory agency that has jurisdiction over the operation; or

(2)

Wild mushroom species if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

42

310:257-5-8. Game Animals

[3-201.17]

(a) Game animals received for sale or service shall be commercially raised livestock for food and: P (1)

Slaughtered and processed under the Exotic Livestock and Exotic Livestock Products Inspection Act (2 O.S. Section 6-290.1 et seq.) or the Oklahoma Rabbit and Rabbit Products Act (2 O.S. Section 6-280.1 et seq.) as defined in 2 O. S. Section 6-280.3(22), rabbit meaning any domesticated rabbit, whether live or dead. The rules for rabbit inspection are included in OAC 35:37-9(relating to Oklahoma Rabbit and Rabbit Products Inspection Regulations). The meat products shall be marked with the appropriate mark of inspection as required in OAC 35:37-9-18 (relating to Form of inspection mark) and OAC 35:37, Appendix D, (relating to Official Marks of Inspection and Other Identification for Rabbits and Rabbit Products); or P

(2)

Marked with the appropriate mark of inspection as described in OAC 35:37-11-86 (relating to Official marks and devices to identify inspected and passed carcasses and products of exotic livestock) and OAC 35:37, Appendix E (relating to Official Marks of Inspection and Other Identification for Exotic Livestock and Exotic Livestock Products), for exotic livestock that is commercially raised, including but not limited to animals of the families bovidae, cervidae, and antilocapridae. The rules for exotic livestock inspection are included in OAC 35:37-11 (relating to Exotic Livestock and Exotic Livestock Products); or P

(3)

Slaughtered and processed under a voluntary inspection program administered by the USDA for exotic animals, including reindeer, elk, deer, antelope, water buffalo or bison, that are inspected and passed in accordance with 9 CFR Part 352, Exotic Animals and Horses; Voluntary Inspection, or rabbits that are inspected for wholesomeness in accordance with 9 CFR Part 354, Voluntary Inspection of Rabbits and Edible Parts; or P

(4)

Slaughtered and processed under the U. S. Department of Agriculture Food Safety and Inspection Service Meat Inspection Program or the Oklahoma Department of Agriculture, Food and Forestry – Meat and Poultry Inspection Program if the meat products are from wild hogs that are live caught. All products eligible for consumption shall be legibly marked by the appropriate regulatory agency with the mark of inspection. P

(b) Meat derived from field dressed wild game animals shall not be received for sale or service and can only be donated to individual consumers from approved donation sites provided: (1)

The meat has been processed in an establishment that has been approved by the Oklahoma Department of Wildlife Conservation; and P 43

(2)

The meat has been processed in an establishment that has been approved by the Oklahoma Department of Wildlife Conservation and Oklahoma Department of Agriculture, Food and Forestry as a custom processor. P

(c) A game animal shall 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. 310:257-5-9. Temperature

[3-202.11]

(a) Except as specified in (b) of this Section, refrigerated, Time/Temperature Control for Safety Food shall be at a temperature of 5°C (41°F) or below when received. P (b) If a temperature other than 5°C (41°F) for a 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 shell eggs shall be received in refrigerated equipment that maintains an ambient air temperature of 7°C (45°F) or less. P (d) Time/Temperature Control for Safety Food that is cooked to a temperature and for a time specified under 310:257-5-46 through 310:257-5-48 and received hot shall be at a temperature of 57°C (135°F) or above. P (e) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen. Pf (f) Upon receipt, Time/Temperature Control for Safety Food shall be free of evidence of previous temperature abuse. Pf 310:257-5-10. Additives

[3-202.12]

Food may not contain unapproved food additives or additives that exceed amounts specified in 21 CFR 170-180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR 181-186, substances that exceed amounts specified in 9 CFR Subpart C Section 424.21(b) food ingredients and sources of radiation, or pesticide residues that exceed provisions specified in 40 CFR 185 Tolerances for Pesticides chemicals in food, and exceptions. P 310:257-5-11.

Eggs

[3-202.13]

Eggs shall be received clean and sound and may not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in 7 CFR Part 56 Voluntary Grading of Shell Eggs and United States Standards, Grades, and

44

Weight Classes for Shell Eggs, and 9 CFR Part 590 AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA. P 310:257-5-12. Eggs and milk products, pasteurized (a) Egg products shall be obtained pasteurized.

[3-202.14]

P

(b) Fluid and dry milk and milk products shall be obtained pasteurized and comply with Grade A Standards as specified in 2 O.S. Supp. 1999, Section 7-401 et seq. P (c) Frozen milk products, such as ice cream, shall be as specified in 2 O.S. Supp. 1999, Section 7-401 et seq. P (d) Cheese shall be obtained as specified in 2 O. S. Supp. 1999, Section 7-401 et seq. P 310:257-5-13. Package integrity

[3-202.15]

Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants. Pf 310:257-5-14. Ice

[3-202.16]

Ice for use as a food or a cooling medium shall be made from drinking water. P 310:257-5-15. Shucked shellfish, packaging and identification

[3-202.17]

(a) Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the: Pf (1)

Name, address, and certification number of the shucker-packer or repacker of the molluscan shellfish; and Pf

(2)

The "sell by" or “best if used by” date for packages with a capacity of less than 1.89 L (one-half gallon) or the date shucked for packages with a capacity of 1.89 L (one-half gallon) or more. Pf

(b) A package of raw shucked shellfish that does not bear a label or which bears a label which does not contain all the information as specified under (a) of this Section shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR Subpart D - Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d). Molluscan shellfish.

45

310:257-5-16. Shellstock identification

[3-202.18]

(a) Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester or dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, and that list: Pf (1)

Except as specified under (c) of this Section, on the harvester's tag or label, the following information in the following order: Pf (A) The harvester's identification number that is assigned by the shellfish control authority, Pf (B) The date of harvesting,

Pf

(C) The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the shellfish control authority and including the abbreviation of the name of the state or country in which the shellfish are harvested, Pf (D) The type and quantity of shellfish, and

Pf

(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 Pf (2)

Except as specified in (d) of this Section, on each dealer's tag or label, the following information in the following order: Pf (A) The dealer's name and address, and the certification number assigned by the shellfish control authority, Pf (B) The original shipper's certification number including the abbreviation of the name of the state or country in which the shellfish are harvested, Pf (C) The same information as specified for a harvester's tag under paragraphs (a)(1)(B)-(D) of this Section, and Pf (D) The following statement in bold, capitalized type: "This tag is required to be attached until container is empty and thereafter kept on file for 90 days." Pf

(b) A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all the information as specified under (a) of this Section shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR Subpart D - Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d). 46

(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 (a)(2)(A) and (B) of this Section, individual dealer tags or labels need not be provided. 310:257-5-17. Shellstock, condition

[3-202.19]

When received by a food service 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. 310:257-5-18. Juice treated

[3-202.110]

(a) Pre-packaged juice shall: (1)

Be obtained from a processor with a HACCP system as specified in 21 CFR Part 120 Hazard Analysis and Critical Control (HACCP) Systems; and Pf

(2)

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, P

(3)

Juices that have not been subjected to processing to achieve a 5 log destruction of the pathogen of concern shall be restricted to sale at the site of production.

310:257-5-19. Molluscan shellfish, original container

[3-203.11]

(a) Except as specified in (b) through (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. (b) For display purposes, shellstock may be removed from the container in which they are received, displayed on drained ice, or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if: (1)

The source of the shellstock on display is identified as specified under 310:257-5-16 and recorded as specified under OAC 310:257-5-20; and

(2)

The shellstock are protected from contamination.

(c) Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer’s request if:

47

(1)

The labeling information for the shellfish on display as specified under 310:257-5-15 is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and

(2)

The shellfish are protected from contamination.

(d) Shucked shellfish may be removed from the container in which they were received and repacked in consumer self service containers if: (1)

The labeling information for the shellfish is on each consumer self service container as specified under 310:257-5-15, 310:257-5-66(a) and 310:257-5-66(b)(1) through (5);

(2)

The labeling information as specified under 310:257-5-15 is retained and correlated with the date when, or dates during which, the shellfish are sold and 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.

310:257-5-20. Shellstock, maintaining identification

[3-203.12]

(a) Except as specified under (c)(2) of this Section, shellstock tags shall remain attached to the container in which the shellstock are received until the container is empty. Pf (b) The date when the last shellstock from the container is sold or served shall be recorded on the tag or label. Pf (c) The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for 90 calendar days from the date that is recorded on the tag or label, as specified under (b) of this Section, by: Pf (1)

Using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date that is recorded on the tag or label, as specified under (b) of this Section; and Pf

(2)

If shellstock are removed from their tagged or labeled container: (A) Preserving source identification by using a record keeping system as specified under (c)(1) of this Section; and Pf (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. Pf

48

310:257-5-21. Preventing contamination from hands

[3-301.11]

(a) Food employees shall wash their hands as specified under OAC 310:257-3-9 and 310:257-3-10. (b) Except when washing fruits and vegetables as specified in 310:257-5-27 or (d) of this Section, food employees shall not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as delitissue, spatulas, tongs, single-use gloves, or dispensing equipment. P (c) Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form. Pf (d) Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if the food service establishment maintains: (1)

A written employee health policy that details how the food establishment complies with 310:257-3-4 through 310:257-3-6 including: (A) Documentation that food employees and conditional employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food as specified under 310:257-3-4, (B) Documentation that food employees and conditional employees acknowledge their responsibilities as specified under 310:257-3-4, and (C) Documentation that the person in charge acknowledges the responsibilities as specified under 310:257-3-4(b) through 310:2573-4(d), 310:257-3-5 and 310:257-3-6;

(2)

Documentation that food employees acknowledge that they have received training in: (A) The risks of contacting the specific ready-to-eat foods with bare hands, (B) Proper handwashing as specified under 310:257-3-10; (C) When to wash their hands as specified under 310:257-3-12; (D) Where to wash their hands as specified under 310:257-3-13; (E) Proper fingernail maintenance as specified under 310:257-257-3-15; (F)

Prohibition of jewelry as specified under 310:257-3-16; and

(G) Good hygienic practices as specified under 310:257-3-18.

49

(e) The Department shall make available educational materials, forms, and decision trees or algorithms to assist license holders, persons in charge, and employees in complying with this section 310:257-5-22. Preventing contamination when tasting

[3-301.12]

A utensil used for tasting shall not be used again until the utensil is washed, rinsed and sanitized or a single use utensil shall be used. P 310:257-5-23. Packaged and unpackaged food-separation, packaging, and segregation

[3-302.11]

(a) Food shall be protected from cross contamination by: (1)

Except as specified in (c) of this Section, separating raw animal foods during storage, preparation, holding, and display from: (A) Raw ready-to-eat food including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as vegetables; and P (B) Cooked ready-to-eat food;

(2)

P

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

P

(B) Arranging each type of food in equipment so that contamination of one type with another is prevented; and P

cross

(C) Preparing each type of food at different times or in separate areas; P (3)

Cleaning equipment and utensils as specified under 310:257-7-83(a) and sanitizing as specified under 310:257-7-95;

(4)

Except as specified 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 service establishment as specified under 310:257-11-38; and

(8)

Separating fruits and vegetables, before they are washed as specified under 310:257-5-27 from ready-to-eat food.

50

(b) Paragraph (a)(4) of this Section does not apply to: (1)

Whole, uncut, raw fruits and vegetables and nuts in the shell, that require peeling or hulling before consumption;

(2)

Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;

(3)

Whole, uncut, processed meats such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks;

(4)

Food being cooled as specified under 310:257-5-58(b)(2); or

(5)

Shellstock.

(c) Frozen, commercially processed and packaged raw animal food may be stored or displayed with or above frozen, commercially processed and packaged, ready-to-eat food. 310:257-5-24. Food storage containers, identified with common name of food

[3-302.12]

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 service establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the food. 310:257-5-25. Pasteurized eggs, substitute for raw eggs for certain recipes

[3-302.13]

Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are not: P (1)

Cooked as specified under 310:257-5-46(a)(1) or 310:257-5-46(a)(2); or

(2)

Included in OAC 310:257-5-46(d).

P

P

310:257-5-26. Protection from unapproved additives

[3-302.14]

(a) Food shall be protected from contamination that may result from the addition of, as specified in 310:257-5-10: (1)

Unsafe or unapproved food or color additives; and

(2)

Unsafe or unapproved levels of approved food and color additives.

51

P P

(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 P

(2)

Except for grapes. Serve or sell food specified under (b)(1) of this Section that is treated with sulfiting agents before receipt by the food service establishment. P

310:257-5-27. Washing fruits and vegetables

[3-302.15]

(a) Except as specified in (b) of this section and except for whole, raw fruits and vegetables that are intended for washing by the consumer before consumption, raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form. (b) Fruits and vegetables may be washed by using chemicals as specified under 310:257-13-8. 310:257-5-28. Ice used as exterior coolant, prohibited as ingredient

[3-303.11]

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 shall not be used as food. P 310:257-5-29. Storage or display of food in contact with water or ice

[3-303.12]

(a) Packaged food shall 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, except that canned and bottled beverages may be stored in self draining 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 chicken and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.

52

310:257-5-30. Food contact with equipment and utensils

[3-304.11]

Food shall only contact surfaces of: (1)

Equipment and utensils that are cleaned as specified under 310:257-782 through 310-257-7-92 of this Chapter and sanitized as specified under 310:257-7-93 through OAC 310:257-7-95 of this Chapter, or P

(2)

Single service and single-use articles.

P

310:257-5-31. In-use utensils, between-use storage

[3-304.12]

During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored: (1)

Except as specified under (2) of this Section, in the food with their handles above the top of the food and the container;

(2)

In food that is not 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;

(3)

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 310:257-7-83 and 310-257-7-94;

(4)

In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;

(5)

In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not Time/Temperature Control for Safety Food; or

(6)

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 310:257-7-83(d)(7).

310:257-5-32. Linens and napkins, use limitation

[3-304.13]

Linens and napkins may not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new consumer. 310:257-5-33. Wiping cloths, use limitation

[3-304.14]

(a) Cloths in use for wiping food spills from tableware and carry out containers that occur as food is being served shall be: (1)

Maintained dry; and

(2)

Used for no other purpose. 53

(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 310:257-7-75; and

(2)

Laundered daily as specified under 310:257-7-97.

(c) Cloths in use for wiping surfaces in contact with raw animal foods shall be kept separate from cloths used for other purposes. (d) Dry wiping cloths and the chemical sanitizing solution specified in (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 sanitizing solutions specified in (b)(1) of this Section in which wet wiping cloths are held between uses may be stored off the floor and used in a manner to prevent 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. 310:257-5-34. Gloves, use limitation

[3-304.15]

(a) If used, single-use gloves shall be used for only one task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation. P (b) Except as specified in (c) of this Section, slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified under OAC 310:257-5-46 through OAC 310:257-5-53 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 OAC 310:257-5-46 through OAC 310:257-5-53 as frozen food or a primal cut of meat. 310:257-5-35. Using clean tableware for second portions and refills

[3-304.16]

(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

54

container, food employees may not use tableware, including single-service articles, soiled by the consumer, to provide second portions or refills. (b) Except as specified in (c) of this Section, self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment. This Section shall be deemed to be met if clean tableware is provided at self-service areas and signage is prominently posted that reads in substance: "Oklahoma State Department of Health Rules require the use of clean tableware to get refills." (c) Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process as specified under OAC 310:257-728(1),(2), and (4). 310:257-5-36. Refilling returnables

[3-304.17]

(a) A take-home food container returned to a food service establishment may not be refilled at a food service establishment with a Time/Temperature Control for Safety Food. (b) Except as specified in (c) of this Section, a take-home food container refilled with food that is not Time/Temperature Control for Safety Food shall be cleaned as specified under 310:257-7-92(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 OAC 310:257-7-28(1),(2), and (4). 310:257-5-37. Food storage

[3-305.11]

(a) Except as specified in (b) and (c) of this Section, food shall be protected from contamination by storing the food: (1)

In a clean, dry location;

(2)

Where it is not exposed to splash, dust, or other contamination; and

(3)

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

(b) Food in packages and working containers may be stored less than 15 cm (6 inches) above the floor on case lot handling equipment as specified under 310:257-7-47. (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. (d) Storage of single service articles and food for mobile food service establishments and pushcarts shall be stored as specified under (a) of this Section and as specified in 310:257-5-38. 55

310:257-5-38.

Food storage, prohibited areas

[3-305.12]

Food may not be stored: (1)

In locker rooms;

(2)

In toilet rooms;

(3)

In dressing rooms;

(4)

In garbage rooms;

(5)

In mechanical rooms;

(6)

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

(7)

Under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;

(8)

Under open stairwells; or

(9)

Under other sources of contamination.

310:257-5-39. Vended Time/Temperature Control for Safety Food, original container

[3-305.13]

Time/Temperature Control for Safety Food dispensed through a vending machine shall be in the package in which it was placed at the food service establishment or food processing plant at which it was prepared. 310:257-5-40. Food preparation

[3-305.14]

During preparation, unpackaged food shall be protected from environmental sources of contamination. Pushcarts preparing unpackaged food shall be shielded on three sides. 310:257-5-41. Food display

[3-306.11]

Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means. P 310:257-5-42. Condiments, protection

[3-306.12]

(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. 56

(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 service 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. 310:257-5-43. Consumer self-service operations

[3-306.13]

(a) Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish may not be offered for consumer self-service. P This paragraph does not apply to: (1)

Consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish;

(2)

Ready-to-cook individual portions for immediate cooking and consumption on the premises such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue; or

(3)

Raw, frozen, shell-on shrimp or lobster.

(b) Consumer self-service operations for ready-to-eat-foods shall be provided with suitable utensils or effective dispensing methods that protect the food from contamination. Pf (c) Consumer self-service operations such as buffets and salad bars shall be monitored by food employees trained in safe operating procedures. Pf 310:257-5-44. Returned food and re-service of food

[3-306.14]

(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. P (b) Except as specified under 310:257-5-71(8), a container of food that is not Time/Temperature Control for Safety Food may be transferred from one consumer to another if: (1)

The food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or

(2)

The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.

310:257-5-45. Miscellaneous sources of contamination

[3-307.11]

Food shall be protected from contamination that may result from a factor or source not specified under OAC 310:257-5-21 through OAC 310:257-5-44. 57

310:257-5-46. Raw animal foods

[3-401.11]

(a) Except as specified under (b) and in (c) and (d) of this Section, raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods, shall be cooked to heat all parts of the food to a temperature and for a time that complies with one of the following methods based on the food that is being cooked: (1)

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

P

(A) Raw eggs that are broken and prepared in response to a consumer’s order and for immediate service, and P (B) Except as specified under (a)(2), (a)(3) and (b) and in (c) of this Section, fish, meat, and pork including game animals commercially raised for food as specified under 310:257-5-8 and game animals under a voluntary inspection program as specified under 310:2575-8; P (2)

(3)

68ºC (155ºF) for fifteen (15) seconds or 63ºC (145ºF) for three (3) minutes or 66ºC (150ºF) for one (1) minute, or 70ºC (158ºF) for less than one (1) second or instantaneous and that corresponds to the holding time for ratites, mechanically tenderized, and injected meats; the following if they are comminuted: fish, meat, game animals commercially raised for food as specified under 310:257-5-8, and game animals under a voluntary inspection program as specified under 310:257-5-8; and raw eggs that are not prepared as specified under (a)(1)(A) of this Section; or P Minimum Temperature°C (°F) 63 (145)

Minimum Time 3 minutes

66 (150)

1 minute

70 (158)

< 1 second (instantaneous)

74°C (165°F) or above for 15 seconds for poultry, baluts, wild game animals as specified under 310:257-5-8, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish, meat, poultry, or ratites. P

(b) Whole meat roasts, including beef, corned beef, lamb, pork and cured pork roasts such as ham, shall be cooked:

58

(1) In an oven that is preheated to the temperature specified for the roast's weight and is held at that temperature, as follows; and Pf Oven Temperature Based on Roast Weight Oven Type

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

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.

(2)

As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature. P Temperature °C (°F)

1

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)

61.1 (142)

8

62.2 (144)

5

62.8 (145)

4

Holding time may include post oven heat rise.

(c) A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if: (1)

The food service establishment serves a population that is not a highly susceptible population,

(2)

The steak is labeled to indicate that it meets the definition of "wholemuscle, intact beef" as specified under 310:257-5-2(e), and

(3)

The steak is cooked on both the top and bottom to a surface temperature of 63°C (145°F) or above and a cooked color change is achieved on all external surfaces.

59

(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 in a ready-to-eat form if: (1)

As specified under 310:257-5-71(1) and 310:257-5-71(2), the food service establishment serves a population that is not a highly susceptible population;

(2)

The food, if served or offered for service by consumer selection from a children's menu, does not contain comminuted meat; and Pf

(3)

The consumer is informed as specified under OAC 310:257-5-69 that to ensure its safety, the food should be cooked as specified under (a) or (b) of this Section; or

(4)

The Department grants a variance from (a) or (b) of this Section as specified in 310:257-15-3 based on a HACCP plan that: (A) Is submitted by the license holder and approved as specified under 310:257-15-4, (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 service establishment meet the conditions of the variance.

310:257-5-47. Microwave cooking

[3-401.12]

Raw animal foods cooked in a microwave oven shall be: (1)

Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

(2)

Covered to retain surface moisture;

(3)

Heated to a temperature of at least 74°C (165°F) in all parts of the food; and P

(4)

Allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium.

310:257-5-48. Plant food cooking for hot holding

[3-401.13]

Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of 57°C (135°F). Pf

60

310:257-5-48.1. Non-Continuous Cooking of Raw Animal

[3-401.14]

Raw animal foods that are cooked using a non-continuous cooking process shall be: (1)

Subject to an initial heating process that is no longer than sixty minutes in duration; P

(2)

Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked Time/Temperature Control for Safety Food under OAC 310;257-5-57(a); P

(3)

After cooling, held frozen or cold, as specified for Time/Temperature Control for Safety Food under 310:257-5-59(a)(2); P

(4)

Prior to sale or service, cooked using a process that heats all parts of the food to a temperature of at least 74°C (165°F) for 15 seconds; P

(5)

Cooled according to the time and temperature parameters specified for cooked Time/Temperature Control for Safety Food under 310:257-557(a) if not either hot held as specified under 310:257-5-59(a), served immediately, or held using time as a public health control as specified under 310:257-5-62 after complete cooking; and P

(6)

Prepared and stored according to written procedures that: (A) Have obtained prior approval from the Department;

Pf

(B) Are maintained in the retail food establishment and are available to the Department upon request; Pf (C) Describe how the requirements specified under (a) through (e) 1 of this Section are to be monitored and documented by the license holder and the corrective actions to be taken if the requirements are not met; Pf (D) Describe how the foods, after initial heating, but prior to complete cooking, are to be marked or otherwise identified as foods that must be cooked as specified under (d) 2 of this Section prior to being offered for sale or service; and Pf (E) Describe how the foods, after initial heating but prior to cooking as specified in (d) 3 of this Section, are to be separated from ready-toeat foods as specified under 310:257-5-23. Pf

1

[See (1) through (5) of this section for relevant requirements.] [See (4) of this section for relevant requirements.] 3 [See (4) of this section for relevant requirements.] 2

61

310:257-5-49. Parasite destruction

[3-402.11]

(a) Except as specified in (b) of this Section, before service or sale in ready-toeat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish shall be: (1)

Frozen and stored at a temperature of -20°C (-4°F) or below for 168 hours (7 days) in a freezer; P

(2)

Frozen at -35°C (-31°F) or below until solid and stored at -35°C (-31°F) for 15 hours; or P

(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. P

(b) Subsection (a) of this Section does not apply to: (1)

Molluscan shellfish;

(2)

Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern),

(3)

Aquacultured fish, such as salmon, that: (A) If raised in open water, are raised in net pens, or (B) Are raised in land-based operations such as ponds or tanks, and (C) Are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish; or

(4)

Fish eggs that have been removed from the skein and rinsed.

310:257-5-50. Records, creation and retention

[3-402.12]

(a) Except as specified in 310:257-5-49(b), 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 service establishment for 90 calendar days beyond the time of service or sale of the fish. Pf (b) If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under 310:257-5-49 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 310:257-5-5(b)(3), a written agreement or statement from the 62

supplier or aquaculturist stipulating that the fish were raised and fed as specified in 310:257-5-49(b)(3) shall be obtained by the person in charge and retained in the records of the food service establishment for 90 calendar days beyond the time of service or sale of the fish. Pf 310:257-5-51. Preparation for immediate service

[3-403.10]

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. 310:257-5-52. Reheating for hot holding

[3-403.11]

(a) Except as specified under (b) and (c) and in (e) of this Section, 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. P (b) Except as specified under (c) of this Section, 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. P (c) Ready-to-eat food taken from a commercially processed, hermetically sealed container, or from an intact package from a food processing plant that is inspected by the food regulatory authority that has jurisdiction over the plant, shall be heated to a temperature of at least 57°C (135°F) for hot holding. P (d) Reheating for hot holding specified under (a) through (c) of this Section shall be done rapidly and the time the food is between the temperature of 5ºC (41ºF) and the temperatures specified under 9(a) through (c) of this Section may not exceed 2 hours. P (e) Remaining unsliced portions of roasts of beef that are cooked as specified under 310:257-5-46(b) may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified under 310:257-5-46(b). 310:257-5-53. Treating juice

[3-404.11]

Juice packaged in a food service establishment shall be: (1)

Treated under a HACCP plan as specified in 310:257-15-9(2) through 310:257-15-9(5) to attain a 5-log reduction, which is equal to a 99.999% reduction, of the most resistant microorganism of public health significance; or P

63

(2)

Labeled, if not treated to yield a 5-log reduction of the most resistant microorganism of public health significance: Pf (A) As specified under 310:257-5-67, and

Pf

(B) As specified in 21 CFR 101.17(g) Food labeling, warning, notice and safe handling statements, juices that have not been specifically processed to prevent, reduce or eliminate the presence of pathogens with the following: "WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems." Pf 310:257-5-54. Frozen food

[3-501.11]

Stored frozen foods shall be maintained frozen. 310:257-5-55. Time/Temperature Control for Safety Food, slacking

[3-501.12]

Frozen Time/Temperature Control for Safety Food that is slacked to moderate the temperature shall be held: (1)

Under refrigeration that maintains the food temperature at 5°C (41°F) or less as specified under 7310:257-5-59(a)(2); or

(2)

At any temperature if the food remains frozen.

310:257-5-56. Thawing

[3-501.13]

Except as specified in (4) of this Section, Time/Temperature Control for Safety Food shall be thawed: (1)

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

(2)

Completely submerged under running water: (A) At a water temperature of 21°C (70°F) or below, (B) With sufficient water velocity to agitate and float off loose particles in an overflow, and (C) For a period of time that does not allow thawed portions of readyto-eat food to rise above 5°C (41°F), or (D) For a period of time that does not allow thawed portions of a raw animal food requiring cooking as specified under OAC 310:257-546(a) or (b) to be above 5°C (41°F), for more than 4 hours including:

64

(3)

(i)

The time the food is exposed to the running water and the time needed for preparation for cooking, or

(ii)

The time it takes under refrigeration to lower the food temperature to 5°C (41°F);

As part of a cooking process if the food that is frozen is: (A) Cooked as specified under 310:257-5-46(a), or 310:257-5-46(b) or 310:257-5-47, or (B) Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or

(4)

Using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for immediate service in response to an individual consumer’s order.

310:257-5-57. Cooling

[3-501.14]

(a) Cooked Time/Temperature Control for Safety Food shall be cooled: (1)

Within 2 hours from 57°C (135°F) to 21°C (70°F); and

(2)

Within a total of 6 hours from 57°C (135°F) to 5°C (41°F) or less.

P P

(b) Time/Temperature Control for Safety Food shall be cooled within 4 hours to 5°C (41°F) or less, if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna. P (c) Except as specified in (d) of this Section, a Time/Temperature Control for Safety Food received in compliance with laws allowing a temperature above 5°C (41°F) during shipment from the supplier as specified in 310:257-5-9(b), shall be cooled within 4 hours to 5°C (41°F) or less. P (d) Raw eggs shall be received as specified under 310:257-5-9(c) and immediately placed in refrigerated equipment that maintains an ambient air temperature of 5°C (41°F) or less. P 310:257-5-58. Cooling methods

[3-501.15]

(a) Cooling shall be accomplished in accordance with the time and temperature criteria specified under OAC 310:257-5-57 by using one or more of the following methods based on the type of food being cooled: (1)

Placing the food in shallow pans;

(2)

Separating the food into smaller or thinner portions;

(3)

Using rapid cooling equipment;

Pf

65

Pf Pf

(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.

Pf

Pf

Pf

Pf

(b) When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be: (1)

Arranged in the equipment to provide maximum heat transfer through the container walls; and

(2)

Loosely covered, or uncovered if protected from overhead contamination as specified under OAC 310:257–5-37(a)(2), during the cooling period to facilitate heat transfer from the surface of the food.

310:257-5-59. Time/Temperature Control for Safety Food, hot and cold holding

[3-501.16]

(a) Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under OAC 310:257-5-62 and except as specified in (b) of this Section, Time/Temperature Control for Safety Food shall be maintained: (1)

At 57°C (135°F) or above, except that roasts cooked to a temperature and for a time specified under 310:257-5-46(b) or reheated as specified in 310:257-5-52(e) may be held at a temperature of 54°C (130°F); or P

(2)

At a temperature of 5°C (41°F) or less.

P

(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 5°C (41° F) or less. P (c) Time/Temperature Control for Safety Food in a homogenous liquid form may be maintained outside of the temperature control requirements, as specified under (a) of this Section, while contained within specially designed equipment that complies with the design and construction requirements as specified in 310:257-7-28(5). 310:257-5-60. Ready-to-eat, Time/Temperature Control for Safety Food, date marking.

[3-501.17]

(a) Except when packaging food using a reduced oxygen packaging method as specified in 310:257-5-64, and except as specified in (d) and (e) of this Section, refrigerated, ready-to-eat, Time/Temperature Control for Safety Food prepared and held in a food service establishment for more than 24 hours shall be clearly marked to indicate the date or day by which the food

66

shall be consumed on the premises, sold, or discarded when held at a temperature of 5°C (41°F) or less for a maximum of 7 days. Pf (b) Except as specified in (d) through (f) of this Section, refrigerated, ready-toeat, Time/Temperature Control for Safety Food prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a food service establishment and if the food is held for more than 24 hours, to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, based on the temperature; and time combinations specified in (a) of this Section and: Pf (1)

The day the original container is opened in the food service establishment shall be counted as Day 1; and Pf

(2)

The day or date marked by the food service establishment may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on food safety. Pf

(c) A refrigerated, ready-to-eat Time/Temperature Control for Safety Food ingredient or a portion of a refrigerated, ready to eat, Time/Temperature Control for Safety Food that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliestprepared or first-prepared ingredient. Pf (d) A date marking system that meets the criteria stated in (a) and (b) of this Section may include: (1)

Using a method approved by the Department for refrigerated, ready-toeat Time/Temperature Control for Safety Food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine;

(2)

Marking the date or day of preparation, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified in (a) of this Section;

(3)

Marking the date or day the original container is opened in a food service 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 in (b) of this Section; or

(4)

Using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided that the marking system is disclosed to the Department upon request.

(e) Subsections (a) and (b) of this Section do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer’s request.

67

(f) Subsection (b) of this Section does not apply to the following foods prepared and packaged by a food processing plant inspected by a state or federal agency: (1)

Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance OAC 310:260;

(2)

Hard cheeses containing not more than 39% Moisture as defined in 21 CFR 133 Cheeses and related cheese products, such as cheddar, gruyere, parmesan and reggiano, and romano;

(3)

Semi-soft cheeses containing more than 39% moisture, but not more than 50% moisture, as defined in 21 CFR 133 Cheeses and related cheese products, such as blue, edam, gorgonzola, gouda, and Monterey jack;

(4)

Cultured dairy products as defined in 21 CFR 131 Milk and cream, such as yogurt, sour cream, and buttermilk;

(5)

Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 CFR 114 Acidified foods;

(6)

Shelf stable, dry, fermented sausages such as pepperoni and Genoa salami that are labeled "Keep Refrigerated" as specified in 9 CFR 317 Labeling, marking devices, and containers, and which retain the original casing on the product; and

(7)

Shelf stable salt-cured products such as prosciutto and Parma (ham) that are not labeled "Keep Refrigerated" as specified in 9 CFR 317 Labeling, marking devices, and containers.

310:257-5-61. Ready-to-eat, Time/Temperature Control for Safety Food, disposition

[3-501.18]

(a) A food specified in 310:257-5-60(a) or 310:257-5-60(b) shall be discarded if it: (1)

Exceeds either of the temperature and time combinations specified in 310:257-5-60(a), except time that the product is frozen; P

(2)

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

(3)

Is appropriately marked with a date or day that exceeds a temperature and time combination as specified in 310:257-5-60(a). P

P

(b) Refrigerated, ready-to-eat, Time/Temperature Control for Safety Food prepared in a food service establishment and dispensed through a vending machine with an automatic shutoff control shall be discarded if it exceeds a temperature and time combination as specified in 310:257-5-60(a). P

68

310:257-5-62. Time as a public health control

[3-501.19]

(a) Except as specified under (d) of this Section, if time, without temperature control is used as the public health control for a working supply of Time/Temperature Control for Safety Food before cooking, or for ready-toeat Time/Temperature Control for Safety Food that is displayed or held for service, written procedures shall be prepared in advance, maintained in the retail food establishment and made available to the Department upon request that specify: Pf (1)

Methods of compliance with (b)(1) through (4) or (c)(1) through (5) of this Section; and Pf

(2)

Methods of compliance with 310:257-5-57 for food that is prepared, cooked and refrigerated before time is used as a public health control. Pf

(b) If time temperature control is used as the public health control up to a maximum of 4 hours: (1)

The food shall have an initial temperature of 5°C (41°F) or less when removed from cold holding temperature control, or 57°C (135°F) or greater when removed from hot holding temperature control; P

(2)

The food shall be marked or otherwise identified to indicate the time that is 4 hours past the point in time when the food is removed from temperature control; Pf

(3)

The food shall be cooked and served, served at any temperature if ready-to-eat, or discarded, within 4 hours from the point in time when the food is removed from temperature control; and P

(4)

The food in unmarked containers or packages, or marked to exceed a 4hour limit shall be discarded. P

(c) If time without temperature control is used as the public health control up to a maximum of 6 hours: (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; P

(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; Pf

(3)

The food shall be marked or otherwise identified to indicate:

Pf

(A) The time when the food is removed from 5°C (41°F) or less cold holding temperature control, and Pf

69

(B) The time that is 6 hours past the point in time when the food is removed from cold holding temperature control; Pf (4)

The food shall be: (A) Discarded if the temperature of the food exceeds 21°C (70°F), or

P

(B) Cooked and served, served at any temperature if ready to-eat, or discarded within a maximum of 6 hours from the point in time when the food is removed from 5°C (41°F) or less cold holding temperature control; and P (5)

The food in unmarked containers or packages, or marked with a time that exceeds the 6-hour limit shall be discarded. P

(d) A food establishment that serves a highly susceptible population shall not use time as specified in (a), (b) or (c) of this Section as the public health control for raw eggs. 310:257-5-63. Variance requirement

[3-502.11]

A food service establishment shall obtain a variance from the Department as specified in 310:257-15-3 and under 310:257-15-4 before: Pf (1)

Smoking food as a method of food preservation rather than as a method of flavor enhancement; Pf

(2)

Curing food;

(3)

Using food additives or adding components such as vinegar:

Pf Pf

(A) As a method of food preservation rather than as a method of flavor enhancement, or Pf (B) To render a food so that it is not potentially hazardous Time/Temperature Control for Safety Food; Pf

(4)

Packaging food using a reduced oxygen packaging method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled specified under 310:257-5-64; Pf

(5)

Operating a molluscan shellfish life-support system display tank used to store and display shellfish that are offered for human consumption; Pf

(6)

Custom processing animals that are for personal use as food and not for sale or service in a food service establishment; Pf

(7)

Sprouting seeds or beans; or

Pf

The term “potentially hazardous” in this document means “Time/Temperature Control for Safety Food”.

70

(8)

Preparing food by another method that is determined by the Department to require a variance. Pf

310:257-5-64. Reduced oxygen packaging without a variance, criteria

[3-502.12]

(a) Except for a food service establishment that obtains a variance as specified under 310:257-5-63, a food service establishment that packages Time/Temperature Control for Safety Food using a reduced oxygen packaging method shall control growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes. P (b) A food service establishment that packages Time/Temperature Control for Safety Food using a reduced oxygen packaging method shall have a HACCP plan that contains the information specified under 310:257-15-9(4) and that: Pf (1)

Identifies the food to be packaged;

(2)

Except as specified in (c) through (e) of this Section, requires that the packaged food shall be maintained at 5°C (41°F) or less and meet at least one of the following criteria: Pf (A) Has an aw of 0.91 or less, (B) Has a PH of 4.6 or less,

Pf

Pf

Pf

(C) Is a meat or poultry product cured at a food processing plant regulated by the USDA using substances specified in 9 CFR 424.21 or by the Oklahoma Department of Agriculture, Food and Forestry (ODAFF). Use of food ingredients and sources of radiation, and is received in an intact package, or Pf (D) Is a food with a high level of competing organisms such as raw meat or raw poultry or raw vegetables; Pf (3)

Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to: Pf (A) Maintain the food at 5°C (41°F) or below, and

Pf

(B) Discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption; Pf (4)

Limits the refrigerated shelf life to no more than 14 calendar days from packaging to consumption, except the time the product is maintained frozen, or the original manufacturer's "sell by" or "use by" date, whichever occurs first; P

71

(5)

Includes operational procedures that: (A) Prohibit contacting ready-to-eat food with bare hands as specified under 310:257-5-21(b), Pf (B) Identify a designated area and the method by which:

Pf

(i)

Physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination, and Pf

(ii)

Access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation, and Pf

(C) Delineate cleaning and sanitization procedures for food-contact surfaces; and Pf (6)

Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the: Pf (A) Concepts required for a safe operation, (B) Equipment and facilities, and

Pf

Pf

(C) Procedures specified under paragraph (b)(5) of this Section and 310:257-15-9(4). Pf (c) Except for fish that is frozen before, during, and after packaging, a food service establishment may not package fish using a reduced oxygen packaging method. P (d) Except as specified under (c) of this Section, a food service establishment that packages food using a cook-chill or sous vide process shall: (1)

Implement a HACCP Plan that contains the information as specified under 310:257-15-9; Pf

(2)

Ensure the food is: (A) Prepared and consumed on the premises, or prepared and consumed off the premises but within the same business entity with no distribution or sale of the packaged product to another business entity or the consumer; Pf (B) Cooked to heat all parts of the food to a temperature and for a time as specified under OAC 310:257-5-46; P (C) Protected from contamination before and after cooking as specified under 310:257-5-21 through OAC 310:257-5-53; P

72

(D) Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature of below 57°C (135°F); P (E) Cooled to 5°C (41°F) in the sealed package or bag as specified under 310:257-5-57 and subsequently: P (i)

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

(ii)

Cooled to 1°C (34°F) within 48 hours of reaching 5°C (41°F), removed from refrigeration equipment that maintains a 1°C (34°F) food temperature and then held at 5°C (41°F) or less for no more than 72 hours, at which time the food must be consumed or discarded; P

(iii) Cooled to 3°C (38°F) or less within 24 hours of reaching 5°C (41°F) and held there for no more than 72 hours from packaging, at which time the food must be consumed or discarded; or P (iv) Held frozen with no shelf life restriction while frozen until consumed or used; P (F)

Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily; Pf

(G) If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation; and Pf (H) Labeled with the product name and the date packaged; and (3)

Pf

Maintain the records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as part of the HACCP Plan and: (A) Make such records available to the Department upon request; and (B) Hold such records for at least 6 months; and

(4)

Pf

Pf

Implement written operational procedures as specified in (b)(5) of this Section and a training program as specified in (b)(6) of this Section. Pf

(e) A food service establishment that packages cheese using a reduced oxygen packaging method shall: (1)

Limit the cheeses packaged to those that are commercially manufactured in a food processing plant with no ingredients added in the food service establishment and that meet the Standards of Identity 73

as specified in 21 CFR 133:150 Hard cheeses, 21 CFR 133.169 Pasteurized process cheese or 21 CFR 133.187 Semisoft cheeses; P (2)

Have a HACCP Plan that contains the information specified in 310:25715-9 and specified in (b)(1), (b)(3)(A), (b)(5) and (b)(6) of this Section; Pf

(3)

Labels the package on the principal display panel with the "use by" date that does not exceed 30 days from its packaging or the original manufacturer's "sell by" or "use by" date, whichever occurs first; and Pf

(4)

Discards the reduced oxygen packaged cheese if it is not sold for offpremises consumption or consumed within 30 calendar days of its packaging. Pf

310:257-5-65. Standards of identity

[3-601.11]

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. 310:257-5-66. Honestly presented

[3-601.12]

(a) Food shall be offered for human consumption in a way that does not mislead or misinform the consumer. (b) Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food. 310:257-5-67. Food labels

[3-602.11]

(a) Food packaged in a food service establishment, shall be labeled as specified in law, including 21 CFR 101 - Food Labeling, and 9 CFR 317 Labeling, Marking Devices, and Containers. (b) Label information shall include: (1)

The common name of the food, or absent a common name, an adequately descriptive identity statement;

(2)

If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food;

(3)

An accurate declaration of the quantity of contents;

(4)

The name and place of business of the manufacturer, packer, or distributor; and

(5)

The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient. Pf 74

(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.

(c) Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer: (1)

The manufacturer's or processor's label that was provided with the food; or

(2)

A card, sign, or other method of notification that includes the information specified under (b)(1), (2), and (5) of this Section.

(d) Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if: (1)

A health, nutrient content, or other claim is not made;

(2)

There are no state or local laws requiring labeling; and

(3)

The food is manufactured or prepared on the premises of the food service establishment or at another food service establishment or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.

310:257-5-68. Other forms of information

[3-602.12]

(a) If required by law, consumer warnings shall be provided. (b) Food service establishment or manufacturers' dating information on foods may not be concealed or altered. 310:257-5-69. Consumption of animal foods that are raw, undercooked, or not otherwise processed to eliminate pathogens

[3-603.11]

(a) Except as specified in OAC 310:257-5-46(c) and OAC 310:257-5-46(d)(3) and under OAC 310:257-5-71(4), if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in readyto-eat form or as an ingredient in another ready-to-eat food, the license holder shall inform consumers of the significantly increased risk of consuming such foods by way of disclosure and reminder, as specified in paragraphs (b) and (c) of this Section, using brochures, deli case or menu 75

advisories, label statements, table tents, placards, or other effective written means. Pf (b) Disclosure shall include: (1)

A description of the animal-derived foods, such as "oysters on the half shell (raw oysters), "raw-egg Caesar salad," and "hamburgers" (can be cooked to order); or Pf

(2)

Identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients. Pf

(c) Reminder shall include asterisking the animal-derived foods requiring disclosure to a footnote that states: (1)

"Regarding the safety of these items, written information is available upon request;" Pf

(2)

"Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness;" or Pf

(3)

"Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions." Pf

310:257-5-70. Discarding or reconditioning unsafe, adulterated, or contaminated food

[3-701.11]

(a) A food that is unsafe, adulterated, or not honestly presented as specified under 310:257-5-1 shall be reconditioned according to an approved procedure or discarded. P (b) Food that is not from an approved source as specified under 310:257-5-2 through 310:257-5-8 shall be discarded. P (c) Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified under 310:257-3-5 shall be discarded. P (d) Food that is contaminated by food employees, consumers or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means shall be discarded. P (e) Food may be examined or sampled by the Department as often as necessary for enforcement of these rules and regulations. The Department may place an embargo on food in accordance with the provisions of Title 63 O.S. Section 1-1105.

76

310:257-5-71. Pasteurized foods, prohibited reservice, and prohibited food

[3-801.11]

In a food service establishment that serves a highly susceptible population: (1)

The following criteria apply to juice: (A) 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) Prepackaged juice or a prepackaged beverage containing juice, that bears a warning label as specified in 21 CFR, Section 101.17(g) Food Labeling, (pertaining to warning, notice and safe handling statements for juices that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens,) or packaged juice or beverage containing juice, that bears a warning label as specified under 310:257-5-53(2) may not be served or offered for sale; and P (C)

(2)

Unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form shall be processed under a HACCP plan that contains the information specified in 310:257-15-9(2)–(5) and as specified under 21 CFR PART 120 – Hazard Analysis and Critical Control Point (HACCP) systems, Subpart B Pathogen Reduction, Sec. 120.24 Process controls. P.

Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of: P (A) Foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages, and P (B) Except as specified in (6) of this Section, recipes in which more than one egg is broken and the eggs are combined; P

(3)

The following foods may not be served or offered for sale in a ready-toeat form: P (A) Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare, P (B) A partially cooked animal food such as lightly cooked fish, rare meat, soft-cooked eggs that are made from raw shell eggs, and meringue, and P (C) Raw seed sprouts.

(4)

P

Food employees may not contact ready-to-eat foods as specified under 310:257-5-21(b) and 310:257-5-21(d). P 77

(5)

Time only, as the public health control as specified in 310:257-5-62(d), shall not be used for raw eggs. P

(6)

Subparagraph (2)(B) of this Section does not apply if: (A) The raw eggs are combined immediately before cooking for one consumer’s serving at a single meal, cooked as specified under 310:257-5-46(a)(1), and served immediately, such as an omelet, soufflé, or scrambled eggs; (B) 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 (C) The preparation of the food is conducted under a HACCP plan that: (i)

Identifies the food to be prepared,

(ii)

Prohibits contacting ready-to-eat food with bare hands,

(iii) Includes specifications and practices that ensure: (I)

Salmonella Enteritidis growth is controlled before and after cooking, and

(II) Salmonella Enteritidis is destroyed by cooking the eggs according to the temperature and time specified in 310:257-5-46(a)(2), (iv) Contains the information specified under OAC 310:257-159(4) including procedures that: (I)

Control cross contamination of ready-to-eat food with raw eggs, and

(II) Delineate cleaning and sanitization procedures for foodcontact surfaces, and (v)

Describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used.

(7)

Except as specified in (8) of this Section, food may be re-served as specified in 310:257-5-44(b).

(8)

Food shall not be re-served under the following conditions: (A) Any food served to patients or clients who are under contact precautions in medical isolation or quarantine, or protective environment isolation shall not be re-served to others outside; and (B) Packages of food from any patients, clients, or other consumers shall not be re-served to persons in protective environment isolation. 78

SUBCHAPTER 7. EQUIPMENT, UTENSILS AND LINENS Section 310:257-7-1. 310:257-7-2. 310:257-7-3. 310:257-7-4. 310:257-7-5. 310:257-7-6. 310:257-7-7. 310:257-7-8. 310:257-7-9. 310:257-7-10. 310:257-7-11. 310:257-7-12. 310:257-7-13. 310:257-7-14. 310:257-7-15. 310:257-7-16. 310:257-7-17. 310:257-7-18. 310:257-7-19. 310:257-7-20. 310:257-7-21. 310:257-7-22. 310:257-7-23. 310:257-7-24. 310:257-7-25. 310:257-7-26. 310:257-7-27. 310:257-7-28. 310:257-7-29. 310:257-7-30. 310:257-7-31. 310:257-7-32. 310:257-7-33. 310:257-7-34. 310:257-7-35. 310:257-7-36. 310:257-7-37. 310:257-7-38. 310:257-7-39. 310:257-7-40. 310:257-7-41.

Characteristics Cast iron, use limitation Lead in ceramic, china, and crystal utensils, use limitation Copper, use limitations Galvanized metal, use limitation Sponges, use limitation Lead in pewter alloys, use limitation Lead in solder and flux, use limitation Wood, use limitation Nonstick coatings, use limitation Nonfood-contact surfaces Characteristics Equipment and utensils Food temperature measuring devices Food-contact surfaces CIP equipment "V" threads, use limitation Hot oil filtering equipment Can openers Nonfood-contact surfaces Kick plates, removable Ventilation hood systems, filters Temperature measuring devices, food Temperature measuring devices, ambient air and water Pressure measuring devices, mechanical warewashing equipment Ventilation hood systems, drip prevention Equipment openings, closures and deflectors Dispensing equipment, protection of equipment and food Vending machine, vending stage closure Bearings and gear boxes, leakproof Beverage tubing, separation Ice units, separation of drains Condenser unit, separation Can openers on vending machines Molluscan shellfish tanks Vending machines, automatic shutoff Temperature measuring devices Warewashing machine, data plate operating specifications Warewashing machines, internal baffles Warewashing machines, temperature measuring devices Manual warewashing equipment, heaters and baskets 79

310:257-7-42. 310:257-7-43. 310:257-7-44. 310:257-7-45. 310:257-7-46. 310:257-7-47. 310:257-7-48. 310:257-7-49. 310:257-7-50. 310:257-7-51. 310:257-7-52. 310:257-7-53. 310:257-7-54. 310:257-7-55. 310:257-7-56. 310:257-7-57. 310:257-7-58. 310:257-7-59. 310:257-7-60. 310:257-7-61. 310:257-7-62. 310:257-7-63. 310:257-7-64. 310:257-7-65. 310:257-7-66. 310:257-7-67. 310:257-7-68. 310:257-7-69. 310:257-7-70. 310:257-7-71. 310:257-7-72. 310:257-7-73. 310:257-7-74. 310:257-7-75. 310:257-7-76. 310:257-7-77. 310:257-7-78.

Warewashing machines, automatic dispensing of detergents and sanitizers Warewashing machines, flow pressure device Warewashing sinks and drainboards, self-draining Equipment compartments, drainage Vending machines, liquid waste products Case lot handling equipment, moveability Vending machine doors and openings Food equipment, certification and classification Cooling, heating, and holding capacities Manual warewashing, sink compartment requirements Drainboards Ventilation hood systems, adequacy Clothes washers and dryers Utensils, consumer self-service Food temperature measuring devices Temperature measuring devices, manual warewashing Sanitizing solutions, testing devices Equipment, clothes washers and dryers, and storage cabinets, contamination prevention Fixed equipment, spacing or sealing Fixed equipment, elevation or sealing Good repair and proper adjustment Cutting surfaces Microwave ovens Warewashing equipment, cleaning frequency Warewashing machines, manufacturers' operating instructions Warewashing sinks, use limitation Warewashing equipment, cleaning agents Warewashing equipment, clean solutions Manual warewashing equipment, wash solution temperature Mechanical warewashing equipment, wash solution temperature Manual warewashing equipment, hot water sanitization temperatures Mechanical warewashing equipment, hot water sanitization temperatures Mechanical warewashing equipment, sanitization pressure Manual and mechanical warewashing equipment, chemical sanitization – temperature, pH, concentration, and hardness Manual warewashing equipment, chemical sanitization using detergent-sanitizers Warewashing equipment, determining chemical sanitizer concentration Good repair and calibration 80

310:257-7-79. 310:257-7-80. 310:257-7-81. 310:257-7-82. 310:257-7-83. 310:257-7-84. 310:257-7-85. 310:257-7-86. 310:257-7-87. 310:257-7-88. 310:257-7-89. 310:257-7-90. 310:257-7-91. 310:257-7-92. 310:257-7-93. 310:257-7-94. 310:257-7-95. 310:257-7-96. 310:257-7-97. 310:257-7-98. 310:257-7-99. 310:257-7-100. 310:257-7-101. 310:257-7-102. 310:257-7-103. 310:257-7-104. 310:257-7-105. 310:257-7-106. 310:257-7-107. 310:257-7-108. 310:257-7-109.

Single-service and single-use articles, required use Single-service and single-use articles, use limitation Shells, use limitation Equipment, food-contact surfaces, nonfood-contact surfaces, and utensils Equipment food-contact surfaces and utensils Cooking and baking equipment Nonfood-contact surfaces Dry cleaning Precleaning Loading of soiled items, warewashing machines Wet cleaning Washing, procedures for alternative manual warewashing equipment Rinsing procedures Returnables, cleaning for refilling Food-contact surfaces and utensils Before use after cleaning Hot water and chemical Clean linens Specifications Storage of soiled linens Mechanical washing Use of laundry facilities Equipment and utensils, Air-drying required Wiping cloths, air-drying locations Food-contact surfaces Equipment Equipment, utensils, linens, and single-service and single-use articles Prohibitions Kitchenware and tableware Soiled and clean tableware Preset tableware

310:257-7-1. Characteristics

[4-101.11]

Materials that are used in the construction of utensils and food-contact surfaces of equipment may not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions shall be: P (1)

Safe;

(2)

Durable, corrosion-resistant, and nonabsorbent;

P

81

(3)

Sufficient in weight and thickness to withstand repeated warewashing;

(4)

Finished to have a smooth, easily cleanable surface; and;

(5)

Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition.

310:257-7-2. Cast iron, use limitation

[4-101.12]

(a) Except as specified in (b) and (c) of this Section, cast iron may not be used for utensils or food-contact surfaces of equipment. (b) Cast iron may be used as a surface for cooking. (c) Cast iron may be used in utensils for serving food if the utensils are used only as part of an uninterrupted process from cooking through service. 310:257-7-3. Lead in ceramic, china, and crystal utensils, use limitation

[4-101.13]

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: P UTENSIL Category

Ceramic Article Description

Maximum Lead mg/L

Beverage Mugs, Cups, Pitchers

Coffee Mugs

0.5

Large Hollowware (excluding pitchers)

Bowls ≥ 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

310:257-7-4. Copper, use limitation

[4-101.14]

(a) Except as specified in (b) of this Section, copper and copper alloys such as brass may not be used in contact with a food that has a pH below 6 such as vinegar, fruit juice, or wine or for a fitting or tubing installed between a backflow prevention device and a carbonator. P (b) Copper and copper alloys may be used in contact with beer brewing ingredients that have a pH below 6 in the prefermentation and fermentation steps of a beer brewing operation such as a brewpub or microbrewery.

82

310:257-7-5. Galvanized metal, use limitation

[4-101.15]

Galvanized metal may not be used for utensils or food-contact surfaces of equipment that are used in contact with acidic food. P 310:257-7-6. Sponges, use limitation

[4-101.16]

Sponges may not be used in contact with cleaned and sanitized or in-use food-contact surfaces. 310:257-7-7. Lead in pewter alloys, use limitation

[4-101.13]

Pewter alloys containing lead in excess of 0.05% may not be used as a foodcontact surface. P 310:257-7-8. Lead in solder and flux, use limitation

[4-101.13]

Solder and flux containing lead in excess of 0.2% may not be used as a food-contact surface. 310:257-7-9. Wood, use limitation

[4-101.17]

(a) Except as specified in (b), (c), and (d) of this Section, wood and wood wicker may not be used as a food-contact surface. (b) Hard maple or an equivalently hard, close-grained wood may be used for: (1)

Cutting boards; cutting blocks; bakers' tables; and utensils such as rolling pins, doughnut dowels, salad bowls, and chopsticks; and

(2)

Wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of 110°C (230°F) or above.

(c) Whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used. (d) If the nature of the food requires removal of rinds, peels, husks, or shells before consumption, the whole, uncut, raw food may be kept in: (1)

Untreated wood containers; or

(2)

Treated wood containers if the containers are treated with a preservative that meets the requirements specified in 21 CFR 178.3800 Preservatives for wood.

83

310:257-7-10. Nonstick coatings, use limitation

[4-101.18]

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. 310:257-7-11. Nonfood-contact surfaces

[4-101.19]

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. 310:257-7-12. Characteristics

[4-102.11]

Materials that are used to make single-service and single-use articles: (1)

May not: (A) Allow the migration of deleterious substances, or

P

(B) Impart colors, odors, or tastes to food; and (2)

Shall be: (A) Safe, and

P

(B) Clean. 310:257-7-13. Equipment and utensils

[4-201.11]

Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. 310:257-7-14. Food temperature measuring devices

[4-201.12]

Food temperature measuring device may not have sensors or stems constructed of glass, except that thermometers with glass sensors or stems that are encased in a shatterproof coating such as candy thermometers may be used. P 310:257-7-15. Food-contact surfaces

[4-202.11]

(a) Multiuse food-contact surfaces shall be: (1)

Smooth;

(2)

Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections; Pf

(3)

Free of sharp internal angles, corners, and crevices;

(4)

Finished to have smooth welds and joints; and

Pf

84

Pf

Pf

(5)

Except as specified in (b) of this Section, accessible for cleaning and inspection by one of the following methods: (A) Without being disassembled,

Pf

(B) By disassembling without the use of tools, or

Pf

(C) By easy disassembling with the use of handheld tools commonly available to maintenance and cleaning personnel such as screwdrivers, pliers, open-end wrenches, and Allen wrenches. Pf (b) OAC 310:257-7-15(a)(5) of this Section does not apply to cooking oil storage tanks, distribution lines for cooking oils, or beverage syrup lines or tubes. 310:257-7-16. CIP equipment

[4-202.12]

(a) CIP equipment shall meet the characteristics specified under OAC 310:2577-15 and shall be designed and constructed so that: (1)

Cleaning and sanitizing solutions circulate throughout a fixed system and contact all interior food-contact surfaces, and; Pf

(2)

The system is self-draining or capable of being completely drained of cleaning and sanitizing solutions; and;

(b) CIP equipment that is not designed to be disassembled for cleaning shall be designed with inspection access points to ensure that all interior foodcontact surfaces throughout the fixed system are being effectively cleaned. 310:257-7-17. "V" threads, use limitation

[4-202.13]

Except for hot oil cooking or filtering equipment, "V" type threads may not be used on food-contact surfaces. 310:257-7-18. Hot oil filtering equipment

[4-202.14]

Hot oil filtering equipment shall meet the characteristics specified under OAC 310:257-7-15 or OAC 310:257-7-16 and shall be readily accessible for filter replacement and cleaning of the filter. 310:257-7-19. Can openers

[4-202.15]

Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement. 310:257-7-20.

Nonfood-contact surfaces

[4-202.16]

Nonfood-contact surfaces shall be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance.

85

310:257-7-21. Kick plates, removable

[4-202.17]

Kick plates shall be designed so that the areas behind them are accessible for inspection and cleaning by being: (1)

Removable by one of the methods specified under Subparagraph OAC 310:257-7-15(a)(5) or capable of being rotated open; and

(2) Removable or capable of being rotated open without unlocking equipment doors. 310:257-7-22. Ventilation hood systems, filters

[4-202.18]

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. 310:257-7-23. Temperature measuring devices, food

[4-203.11]

(a) Food temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit shall be accurate to ±1°C in the intended range of use. Pf (b) Food temperature measuring devices that are scaled only in Fahrenheit shall be accurate to ±2°F in the intended range of use. Pf 310:257-7-24. Temperature measuring devices, ambient air and water

[4-203.12]

(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. Pf (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. Pf 310:257-7-25. Pressure measuring devices, mechanical warewashing equipment

[4-203.13]

Pressure measuring devices that display the pressures in the water supply line for the fresh hot water sanitizing rinse shall have increments of 7 kilopascals (1 pounds per square inch) or smaller and shall be accurate to ± 14 kilopascals (± 2 pounds per square inch) in the 100-170 kilopascals (1525 pounds per square inch) in the range indicated on the manufacturer’s data plate. 310:257-7-26. Ventilation hood systems, drip prevention

[4-204.11]

Exhaust ventilation hood systems in food preparation and warewashing areas including components such as hoods, fans, guards, and ducting shall be

86

designed to prevent grease or condensation from draining or dripping onto food, equipment, utensils, linens, and single-service and single-use articles. 310:257-7-27. Equipment openings, closures and deflectors

[4-204.12]

(a) A cover or lid for equipment shall overlap the opening and be sloped to drain. (b) An opening located within the top of a unit of equipment that is designed for use with a cover or lid shall be flanged upward at least 5 millimeters (twotenths 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: (1)

The piping, temperature measuring devices, rotary shafts, and other parts extending through the openings shall be equipped with an apron designed to deflect condensation, drips, and dust from openings into the food; and

(2)

The opening shall be flanged as specified under (b) of this Section.

310:257-7-28. Dispensing equipment, protection of equipment and food

[4-204.13]

In equipment that dispenses or vends liquid food or ice in unpackaged form: (1)

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;

(2)

The delivery tube, chute, and orifice shall be protected from manual contact such as by being recessed;

(3)

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: (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 87

(B) Available for self-service during hours when it is not under the fulltime supervision of a food employee; and (4)

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.

(5)

Dispensing equipment in which Time/Temperature Control for Safety Food in a homogenous liquid form is maintained outside of the temperature control requirements as specified under 310:257-5-58(a) shall: (A)

Be specifically designed and equipped to maintain the commercial sterility of aseptically packaged food in a homogenous liquid form for a specified duration from the time of opening the packaging within the equipment; and P

(B) Conform to the requirements for this equipment as specified in NSF/ANSI 18-2006 Manual Food and Beverage Dispensing Equipment. P 310:257-7-29. Vending machine, vending stage closure.

[4-204.14]

The dispensing compartment of a vending machine including a machine that is designed to vend prepackaged snack food that is not Time/Temperature Control for Safety Food such as chips, party mixes, and pretzels shall be equipped with a self-closing door or cover if the machine is: (1)

Located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment; or

(2)

Available for self-service during hours when it is not under the full-time supervision of a food employee.

310:257-7-30. Bearings and gear boxes, leakproof

[4-204.15]

Equipment containing bearings and gears that require lubricants shall be designed and constructed so that the lubricant cannot leak, drip, or be forced into food or onto food-contact surfaces. 310:257-7-31. Beverage tubing, separation

[4-204.16]

Beverage tubing and cold-plate beverage cooling devices may not be installed in contact with stored ice. This Section does not apply to cold plates that are constructed integrally with an ice storage bin.

88

310:257-7-32. Ice units, separation of drains

[4-204.17]

Liquid waste drain lines may not pass through an ice machine or ice storage bin. 310:257-7-33. Condenser unit, separation

[4-204.18]

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. 310:257-7-34. Can openers on vending machines

[4-204.19]

Cutting or piercing parts of can openers on vending machines shall be protected from manual contact, dust, insects, rodents, and other contamination. 310:257-7-35.

Molluscan shellfish tanks

[4-204.110]

(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. P (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 Department as specified in 310:257-15-3 and a HACCP plan that: Pf (1) Is submitted by the license holder and approved as specified under 310:257-15-4; and Pf (2) Ensures that: (A) Water used with fish other than molluscan shellfish does not flow into the molluscan tank, Pf (B) The safety and quality of the shellfish as they were received are not compromised by the use of the tank, and; Pf (C) The identity of the source of the shellstock is retained as specified under 310:257-5-20. Pf 310:257-7-36. Vending machines, automatic shutoff

[4-204.111]

(a) A machine vending potentially hazardous food shall have an automatic control that prevents the machine from vending food:

The term “potentially hazardous” in this document means “Time/Temperature Control for Safety Food”.

89

(1)

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 Subchapter 5; and P

(2)

If a condition specified under (a)(1) of this Section occurs, until the machine is serviced and restocked with food that has been maintained at temperatures specified under Subchapter 5. P

(b) When the automatic shutoff hazardous food is activated:

within a

machine

vending

potentially

(1)

In a refrigerated vending machine, the ambient temperature may not exceed any time/temperature combination as specified under OAC 310:257-5-59(a)(2) for more than 30 minutes immediately after the machine is filled, serviced, or restocked; or P

(2)

In a hot holding vending machine, the ambient temperature may not be less than 57°C (135°F) for more than 120 minutes immediately after the machine is filled, serviced, or restocked. P

310:257-7-37. Temperature measuring devices

[4-204.112]

(a) In a mechanically refrigerated or hot food storage unit, the sensor of a temperature measuring device shall be located to measure the air temperature or a simulated product temperature in the warmest part of a mechanically refrigerated unit and in the coolest part of a hot food storage unit. (b) Except as specified in (c) of this Section, cold or hot holding equipment used for potentially hazardous food shall be designed to include and shall be equipped with at least one 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 device and water temperature measuring device on warewashing machines shall have a numerical scale, printed record, or digital readout in increments no greater than 1°C or 2°F in the intended range of use. Pf 

The term “potentially hazardous” in this document means “Time/Temperature Control for Safety Food”.

90

310:257-7-38. Warewashing machine, data plate operating specifications

[4-204.113]

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: (1)

Temperatures required for washing, rinsing, and sanitizing;

(2)

Pressure required for the fresh water sanitizing rinse unless the machine is designed to use only a pumped sanitizing rinse; and

(3)

Conveyor speed for conveyor machines or cycle time for stationary rack machines.

310:257-7-39. Warewashing machines, internal baffles

[4-204.114]

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. 310:257-7-40. Warewashing machines, temperature measuring devices

[4-204.115]

A warewashing machine shall be equipped with a temperature measuring device that indicates the temperature of the water: (1)

In each wash and rinse tank; and

(2)

As the water enters the hot water sanitizing final rinse manifold or in the chemical sanitizing solution tank. Pf

Pf

310:257-7-41. Manual warewashing equipment, heaters and baskets

[4-204.116]

If hot water is used for sanitization in manual warewashing operations, the sanitizing compartment of the sink shall be: (1)

Designed with an integral heating device that is capable of maintaining water at a temperature not less than 77°C (171°F); and Pf

(2)

Provided with a rack or basket to allow complete immersion of equipment and utensils into the hot water. Pf

310:257-7-42. Warewashing machines, automatic dispensing of detergents and sanitizers

[4-204.117]

A warewashing machine shall be equipped to: (1)

Automatically dispense detergents and sanitizers; and

(2)

Incorporate a visual means to verify that detergents or sanitizers are delivered or a visual or audible alarm to signal if the detergents and 91

Pf

sanitizers are not delivered to the respective washing and sanitizing cycles. Pf 310:257-7-43. Warewashing machines, flow pressure device

[4-204.118]

(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 (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. 310:257-7-44. Warewashing sinks and drainboards, self-draining

[4-204.119]

Sinks and drainboards of warewashing sinks and machines shall be selfdraining. 310:257-7-45. Equipment compartments, drainage

[4-204.120]

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. 310:257-7-46. Vending machines, liquid waste products

[4-204.121]

(a) Vending machines designed to store beverages that are packaged in containers made from paper products shall be equipped with diversion devices and retention pans or drains for container leakage. (b) Vending machines that dispense liquid food in bulk shall be: (1)

Provided with an internally mounted waste receptacle for the collection of drip, spillage, overflow, or other internal wastes; and

(2)

Equipped with an automatic shutoff device that will place the machine out of operation before the waste receptacle overflows.

(c) Shutoff devices specified under (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.

92

310:257-7-47. Case lot handling equipment, moveability

[4-204.122]

Equipment, such as dollies, pallets, racks, and skids used to store and transport large quantities of packaged foods received from a supplier in a cased or overwrapped lot, shall be designed to be moved by hand or by conveniently available equipment such as hand trucks and forklifts. 310:257-7-48. Vending machine doors and openings

[4-204.123]

(a) Vending machine doors and access opening covers to food and container storage spaces shall be tight-fitting so that the space along the entire interface between the doors or covers and the cabinet of the machine, if the doors or covers are in a closed position, is no greater than 1.5 millimeters or one-sixteenth inch by: (1)

Being covered with louvers, screens, or materials that provide an equivalent opening of not greater than 1.5 millimeters or one-sixteenth inch. Screening of 12 or more mesh to 2.5 centimeters (12 mesh to 1 inch) meets this requirement;

(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.

(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. 310:257-7-49. Food equipment, certification and classification

[4-205.10]

Food equipment that is certified or classified for sanitation by an American National Standards Institute (ANSI) – accredited certification program such as NSF and for commercial use will be deemed to comply with Sections OAC 310:257-7-1 through OAC 310:257-7-49 of this Subchapter or be approved by the Department. 310:257-7-50. Cooling, heating, and holding capacities

[4-301.11]

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 Subchapter 5. Pf

93

310:257-7-51. Manual warewashing, sink compartment requirements

[4-301.12]

(a) Except as specified in (c) or (f) of this Section, a sink with at least 3 compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils. Pf (b) Sink compartments shall be large enough to accommodate immersion of the largest equipment and utensils. If equipment or utensils are too large for the warewashing sink, a warewashing machine or alternative equipment as specified in (c) of this Section shall be used. Pf The sink system shall be made of equipment and materials intended for the use of warewashing. The sink system shall be designed and installed so that warewashing of utensils cannot be contaminated by handwashing. (c) Alternative manual warewashing equipment may be used when there are special cleaning needs or constraints and its use is approved. Alternative manual warewashing equipment may include: (1)

High-pressure detergent sprayers;

(2)

Low- or line-pressure spray detergent foamers;

(3)

Other task-specific cleaning equipment;

(4)

Brushes or other implements;

(5)

2-compartment sinks as specified under (d) and (e) of this Section; or

(6)

Receptacles that substitute for the compartments of a multicompartment sink in the case of temporary food service establishments.

(d) Before a 2-compartment sink is used: (1)

The food service establishment is a retail establishment that does not serve or prepare unpackaged Time/Temperature Control for Safety Foods;

(2)

The license holder shall have its use approved; and

(3)

The license holder shall limit the number of kitchenware items cleaned and sanitized in the 2-compartment sink, and shall limit warewashing to batch operations for cleaning kitchenware such as between cutting one type of raw meat and another or cleanup at the end of a shift, and shall: (A) Make up the cleaning and sanitizing solutions immediately before use and drain them immediately after use, and

94

(B) Use a detergent-sanitizer to sanitize and apply the detergentsanitizer in accordance with the manufacturer's label instructions and as specified under OAC 310:257-7-76, or (C) Use a hot water sanitization immersion step as specified under 310:257-7-91(3). (e) A 2-compartment sink may not be used for warewashing operations where cleaning and sanitizing solutions are used for a continuous or intermittent flow of kitchenware or tableware in an ongoing warewashing process. (f) Food service establishments that sell only prepackaged foods have no food preparation, no equipment or utensils that require cleaning are exempt from the requirements of a warewashing sink. 310:257-7-52. Drainboards

[4-301.13]

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. 310:257-7-53. Ventilation hood systems, adequacy

[4-301.14]

Ventilation hood systems and devices shall be sufficient in number and capacity to prevent grease or condensation from collecting on walls and ceilings and to prevent the collection of smoke and noxious odors in the food service establishment. Ventilation hoods meeting the requirements listed in OAC 158:50, Mechanical Industry Regulations shall be installed above commercial heat-processing equipment that causes grease vapors and smoke. This equipment includes but is not limited to deep fat fryers, broilers, griddles, and fry grills. 310:257-7-54. Clothes washers and dryers

[4-301.15]

(a) Except as specified in (b) of this Section, if work clothes or linens are laundered on the premises, a mechanical clothes washer and dryer shall be provided and used. (b) If on-premises laundering is limited to wiping cloths intended to be used moist, or wiping cloths are air-dried as specified under OAC 310:257-7-102, a mechanical clothes washer and dryer need not be provided. 310:257-7-55. Utensils, consumer self-service

[4-302.11]

A food dispensing utensil shall be available for each container displayed at a consumer self-service unit such as a buffet or salad bar. Pf

95

310:257-7-56. Food temperature measuring devices

[4-302.12]

(a) Food temperature measuring devices shall be provided and readily accessible for use in ensuring attainment and maintenance of food temperatures as specified under Subchapter 5. Pf (b) A temperature measuring device with a suitable small-diameter probe that is designed to measure the temperature of thin masses shall be provided and readily accessible to accurately measure the temperature in thin foods such as meat patties and fish filets. Pf 310:257-7-57. Temperature measuring devices, manual warewashing

[4-302.13]

In manual warewashing operations, a temperature measuring device shall be provided and readily accessible for frequently measuring the washing and sanitizing temperatures. 310:257-7-58. Sanitizing solutions, testing devices

[4-302.14]

A test kit or other device that accurately measures the concentration in mg/L of sanitizing solutions shall be provided. Pf 310:257-7-59. Equipment, clothes washers and dryers, and storage cabinets, contamination prevention

[4-401.11]

(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: (1)

In locker rooms;

(2)

In toilet rooms;

(3)

In garbage rooms;

(4)

In mechanical rooms;

(5)

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

(6)

Under leaking water lines including leaking automatic fire sprinkler heads or under lines on which water has condensed;

(7)

Under open stairwells; or

(8)

Under other sources of contamination.

(b) A storage cabinet used for linens or single-service or single-use articles may be stored in a locker room.

96

(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. 310:257-7-60. Fixed equipment, spacing or sealing

[4-402.11]

(a) Equipment that is fixed because it is not easily movable shall be installed so that it is: (1)

Spaced to allow access for cleaning along the sides, behind, and above the equipment;

(2)

Spaced from adjoining equipment, walls, and ceilings a distance of not more than 1 millimeter or one thirty-second inch; or

(3)

Sealed to adjoining equipment or walls, if the equipment is exposed to spillage or seepage.

(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 to the counter; or

(2)

Elevated on legs as specified under 310:257-7-61(d).

310:257-7-61. Fixed equipment, elevation or sealing

[4-402.12]

(a) Except as specified in (b) and (c) of this Section, floor-mounted equipment that is not easily movable shall be sealed to the floor or elevated on legs that provide at least a 15 centimeter (6 inch) clearance between the floor and the equipment. (b) If no part of the floor under the floor-mounted equipment is more than 15 centimeters (6 inches) from the point of cleaning access, the clearance space may be only 10 centimeters (4 inches). (c) This Section does not apply to display shelving units, display refrigeration units, and display freezer units located in the consumer shopping areas of a retail food store, if the floor under the units is maintained clean. (d) Except as specified in (e) of this Section, counter-mounted equipment that is not easily movable shall be elevated on legs that provide at least a 10 centimeter (4 inch) clearance between the table and the equipment. (e) The clearance space between the counter and counter-mounted equipment may be:

97

(1)

7.5 centimeters (3 inches) if the horizontal distance of the counter top under the equipment is no more than 50 centimeters (20 inches) from the point of access for cleaning; or

(2)

5 centimeters (2 inches) if the horizontal distance of the counter top under the equipment is no more than 7.5 centimeters (3 inches) from the point of access for cleaning.

310:257-7-62. Good repair and proper adjustment

[4-501.11]

(a) Equipment shall be maintained in a state of repair and condition that meets the requirements specified under Sections OAC 310:257-7-1 through OAC 310:257-7-49. (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. 310:257-7-63. Cutting surfaces

[4-501.12]

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. 310:257-7-64. Microwave ovens

[4-501.13]

Microwave ovens shall meet the safety standards specified in 21 CFR 1030.10 Microwave ovens. 310:257-7-65. Warewashing equipment, cleaning frequency

[4-501.14]

A warewashing machine; the compartments of sinks, basins, receptacles used for washing and rinsing equipment, utensils, or raw laundering wiping cloths; and drainboards or other equipment substitute for drainboards as specified under OAC 310:257-7-52 cleaned:

or other foods, or used to shall be

(1)

Before use;

(2)

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

(3)

If used, at least every 24 hours.

98

310:257-7-66. Warewashing machines, manufacturers' operating instructions

[4-501.15]

(a) A warewashing machine and its auxiliary components shall be operated in accordance with the machine's data plate and other manufacturer's instructions. (b) A warewashing machine's conveyor speed or automatic cycle times shall be maintained accurately timed in accordance with manufacturer's specifications. 310:257-7-67. Warewashing sinks, use limitation

[4-501.16]

(a) A warewashing sink may not be used for handwashing as specified under OAC 310:257-3-13. (b) If a warewashing sink is used to wash wiping cloths, wash produce, or thaw food, the sink shall be cleaned as specified under OAC 310:257-7-65 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 OAC 310:257-7-93, OAC 310:257-7-94 and OAC 310:257-7-95 before and after using the sink to wash produce or thaw food. 310:257-7-68. Warewashing equipment, cleaning agents

[4-501.17]

When used for warewashing, the wash compartment of a sink, mechanical warewasher, or wash receptacle of alternative manual warewashing equipment as specified in OAC 310:257-7-51(c), shall contain a wash solution of soap, detergent, acid cleaner, alkaline cleaner, degreaser, abrasive cleaner, or other cleaning agent according to the cleaning agent manufacturer's label instructions. Pf [4-501.18] 310:257-7-69. Warewashing equipment, clean solutions The wash, rinse, and sanitize solutions shall be maintained clean.

310:257-7-70. Manual warewashing equipment, wash solution temperature

[4-501.19]

The temperature of the wash solution in manual warewashing equipment shall be maintained at not less than 43°C (110°F) or the temperature specified on the cleaning agent manufacturer's label instructions. Pf 310:257-7-71. Mechanical warewashing equipment, wash Solution temperature

[4-501.110]

(a) The temperature of the wash solution in spray type warewashers that use hot water to sanitize may not be less than: (1)

For a stationary rack, single temperature machine, 74°C (165°F); 99

Pf

(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 Pf

(4)

For a multitank, conveyor, multitemperature machine, 66°C (150°F).

Pf

Pf

(b) The temperature of the wash solution in spray-type warewashers that use chemicals to sanitize may not be less than 49°C (120°F). Pf 310:257-7-72. Manual warewashing equipment, hot water sanitization temperatures

[4-501.111]

If immersion in hot water is used for sanitizing in a manual operation, the temperature of the water shall be maintained at 77°C (171°F) or above. P 310:257-7-73. Mechanical warewashing equipment, hot water sanitization temperatures

[4-501.112]

(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: Pf (1)

For a stationary rack, single temperature machine, 74°C (165°F); or

(2)

For all other machines, 82°C (180°F).

Pf

Pf

(b) The maximum temperature specified under (a) of this Section, does not apply to the high pressure and temperature systems with wand-type, handheld, spraying devices used for the in-place cleaning and sanitizing of equipment such as meat saws. 310:257-7-74. Mechanical warewashing equipment, sanitization pressure

[4-501.113]

The flow pressure of the fresh hot water sanitizing rinse in a warewashing machine, as measured in the water line immediately downstream or upstream from the fresh hot water sanitizing rinse control valve, shall be within the range specified on the machine manufacturer’s data plate and may not be less than 35 kilopascals (5 pounds per square inch) or more than 200 kilopascals (30 pounds per square inch). 310:257-7-75. Manual and mechanical warewashing equipment, chemical sanitization - temperature, pH, concentration, and hardness [4-501.114] A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at exposure times specified under 310:257-7-95(3) shall be listed in 21 CFR 178.1010 sanitizing solutions, shall be used in accordance with the EPA-approved manufacturer's label use instructions, and shall be used as follows: P 100

(1)

A chlorine solution shall have a minimum temperature based on the concentration and pH of the solution as follows: P Concentration Range

(2)

Minimum Temperature

mg/L

pH 10 or less °C (°F)

pH 8 or less °C (°F)

25 - 49

49 (120)

49 (120)

50-99

38 (100)

24 ( 75)

100

13 ( 55)

13 ( 55)

An iodine solution shall have a: (A) Minimum temperature of 20°C ( 68°F),

P

(B) pH of 5.0 or less or a pH no higher than the level for which the manufacturer specifies the solution is effective, and P (C) Concentration between 12.5 mg/L and 25 mg/L; P (3)

A quaternary ammonium compound solution shall: (A) Have a minimum temperature of 24°C (75°F),

P

(B) Have a concentration as specified under 310-257-13-7 and as indicated by the manufacturer's use directions included in the labeling, and P (C) Be used only in water with 500 mg/L hardness or less or in water having a hardness no greater than specified by the EPA-registered label use instructions; P (4)

If another solution of a chemical specified under (1) through (5) of this Section is used, the license holder shall demonstrate to the Department that the solution achieves sanitization and the use of the solution shall be approved; or P

(5)

If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, it shall be applied in accordance with the EPA-registered label use instructions. P

310:257-7-76. Manual warewashing equipment, chemical sanitization using detergent-sanitizers

[4-501.115]

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. 101

310:257-7-77. Warewashing equipment, determining chemical sanitizer concentration

[4-501.116]

Concentration of the sanitizing solution shall be accurately determined by using a test kit or other device. Pf 310:257-7-78. Good repair and calibration

[4-502.11]

(a) Utensils shall be maintained in a state of repair or condition that complies with the requirements specified under Sections OAC 310:257-7-1 through OAC 310:257-7-49 or shall be discarded. (b) Food temperature measuring device shall be calibrated in accordance with manufacturer's specifications as necessary to ensure their accuracy. Pf (c) Ambient air temperature, water pressure, and water temperature measuring devices shall be maintained in good repair and be accurate within the intended range of use. 310:257-7-79. Single-service and single-use articles, required use

[4-502.12]

A food service establishment, without facilities specified under Sections 310:257-7-82 through 310:257-7-95 for cleaning and sanitizing kitchenware and tableware shall provide only single-use kitchenware, single-service articles, and single-use articles for use by food employees and single-service articles for use by consumers. P 310:257-7-80. Single-service and single-use articles, use limitation

[4-502.13]

(a) Single-service and single-use articles may not be reused. (b) The bulk milk container dispensing tube shall be cut on the diagonal leaving no more than one inch protruding from the chilled dispensing head. 310:257-7-81. Shells, use limitation

[4-502.14]

Mollusk and crustacea shells may not be used more than once as serving containers. 310:257-7-82. Equipment, food-contact surfaces, nonfood-contact surfaces, and utensils

[4-601.11]

(a) Equipment food-contact surfaces and utensils shall be clean to sight and touch. Pf (b) The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations. 102

(c) Nonfood-contact surfaces of equipment shall be kept accumulation of dust, dirt, food residue, and other debris. 310:257-7-83. Equipment food-contact surfaces and utensils

free

of

an

[4-602.11]

(a) Equipment food-contact surfaces and utensils shall be cleaned and sanitized: (1)

Except as specified in (b) of this Section, before each use with a different type of raw animal food such as beef, fish, lamb, pork, or poultry; P

(2)

Each time there is a change from working with raw foods to working with ready-to-eat foods; P

(3)

Between uses with raw fruits and vegetables and with Time/ Temperature Control for Safety Food; P

(4)

Before using or storing a food temperature measuring device; and

(5)

At any time during the operation when contamination may have occurred. P

P

(b) Paragraph (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 310:257-5-46 than the previous food, such as preparing raw fish followed by cutting raw poultry on the same cutting board. (c) Except as specified in (d) of this Section, if used with Time/Temperature Control for Safety Food, equipment food-contact surfaces and utensils shall be cleaned throughout the day at least every 4 hours. P (d) Surfaces of utensils and equipment contacting Time/Temperature Control for Safety Food may be cleaned less frequently than every 4 hours if: (1)

In storage, containers of Time/Temperature Control for Safety Food and their contents are maintained at temperatures specified under Subchapter 5 and the containers are cleaned when they are empty;

(2)

Utensils and equipment are used to prepare food in a refrigerated room or area that is maintained at one of the temperatures in the following chart and:

103

(A)

The utensils and equipment are cleaned at the frequency in the following chart that corresponds to the temperature; and 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

(B) The cleaning frequency based on the ambient temperature of the refrigerated room or area is documented in the food service establishment. (3)

Containers in serving situations such as salad bars, delis, and cafeteria lines hold ready-to-eat Time/Temperature Control for Safety Food that is maintained at the temperatures specified under Subchapter 5, are intermittently combined with additional supplies of the same food that is at the required temperature, and the containers are cleaned at least every 24 hours;

(4)

Temperature measuring devices are maintained in contact with food, such as when left in a container of deli food or in a roast, held at temperatures specified under Subchapter 5;

(5)

Equipment is used for storage of packaged or unpackaged food such as a reach-in refrigerator and the equipment is cleaned at a frequency necessary to preclude accumulation of soil residues;

(6)

The cleaning schedule is approved based on consideration of: (A) Characteristics of the equipment and its use, (B) The type of food involved, (C) The amount of food residue accumulation, and (D) The temperature at which the food is maintained during the operation and the potential for the rapid and progressive multiplication of pathogenic or toxigenic microorganisms that are capable of causing foodborne disease; or

(7)

In-use utensils are intermittently stored in a container of water in which the water is maintained at 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.

104

(e) Except when dry cleaning methods are used as specified under 310:257-7-86, surfaces of utensils and equipment contacting food that is not potentially hazardous shall be cleaned: (1)

At any time when contamination may have occurred;

(2)

At least every 24 hours for iced tea dispensers and consumer selfservice 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: (A) At a frequency specified by the manufacturer, or (B) Absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or mold.

310:257-7-84. Cooking and baking equipment

[4-602.12]

(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 OAC 310:257-7-83(d)(6). (b) The cavities and door seals of microwave ovens shall be cleaned at least every 24 hours by using the manufacturer's recommended cleaning procedure. 310:257-7-85. Nonfood-contact surfaces

[4-602.13]

Nonfood-contact surfaces of equipment shall be cleaned at a frequency necessary to preclude accumulation of soil residues. 310:257-7-86. Dry cleaning

[4-603.11]

(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 Time/Temperature Controlled for safety. (b) Cleaning equipment used in dry cleaning food-contact surfaces may not be used for any other purpose.

The term “potentially hazardous” in this document means “Time/Temperature Control for Safety Food”.

105

310:257-7-87. Precleaning

[4-603.12]

(a) Food debris on equipment and utensils shall be scrapped over a waste disposal unit or garbage receptacle or shall be removed in a warewashing machine with a prewash cycle. (b) If necessary for effective cleaning, utensils and equipment shall be preflushed, presoaked, or scrubbed with abrasives. 310:257-7-88. Loading of soiled items, warewashing machines

[4-603.13]

Soiled items to be cleaned in a warewashing machine shall be loaded into racks, trays, or baskets or onto conveyors in a position that: (1)

Exposes the items to the unobstructed spray from all cycles; and

(2)

Allows the items to drain.

310:257-7-89. Wet cleaning

[4-603.14]

(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. (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. 310:257-7-90. Washing, procedures for alternative manual warewashing equipment

[4-603.15]

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 310:257-7-51(c) in accordance with the following procedures: (1)

Equipment shall be disassembled as necessary to allow access of the detergent solution to all parts;

(2)

Equipment components and utensils shall be scraped or rough cleaned to remove food particle accumulation; and

(3)

Equipment and 310:257-7-89(a).

utensils

shall

310:257-7-91. Rinsing procedures

be

washed

as

specified

under

[4-603.16]

Washed utensils and equipment shall be rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of

106

water or a detergent-sanitizer solution by using one of the following procedures: (1)

Use of a distinct, separate water rinse after washing and before sanitizing if using: (A) A 3-compartment sink as specified in OAC 310:257-7-51, (B) Alternative manual warewashing equipment equivalent to a 3compartment sink as specified in OAC 310:257-7-51(c), or (C) A 3-step washing, rinsing, and sanitizing warewashing system for CIP equipment;

(2)

procedure

in

a

Use of a detergent-sanitizer as specified under OAC 310:257-7-76 if using: (A) Alternative warewashing equipment as specified in OAC 310:2577-51(c) that is approved for use with a detergent-sanitizer, or (B) A warewashing system for CIP equipment;

(3)

Use of a nondistinct water rinse that is integrated in the hot water sanitization immersion step of a 2-compartment sink operation;

(4)

If using a warewashing machine that does not recycle the sanitizing solution as specified under (5) of this Section, or alternative manual warewashing equipment such as sprayers, use of a nondistinct water rinse that is: (A) Integrated in the application of the sanitizing solution, and (B) Wasted immediately after each application; or

(5)

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.

310:257-7-92. Returnables, cleaning for refilling

[4-603.17]

(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. P (b) A food-specific container for beverages may be refilled at a food service establishment if: (1)

Only a beverage that is not a potentially hazardous food is used as specified under OAC 310:5-36(a);

The term “potentially hazardous” in this document means “Time/Temperature Control for Safety Food”.

107

(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 service 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 service establishment for refilling is refilled for sale or service only to the same consumer; and

(5)

The container is refilled by: (A)

An employee of the food service establishment, or

(B)

The owner of the container if the beverage system includes a contamination-free transfer process that cannot be bypassed by the container owner.

(c) Consumer-owned containers that are not food-specific may be filled at a water vending machine or system. 310:257-7-93. Food-contact surfaces and utensils

[4-701.10]

Equipment food-contact surfaces and utensils shall be sanitized. 310:257-7-94. Before use after cleaning

[4-702.11]

Utensils and food-contact surfaces of equipment shall be sanitized before use after cleaning. P 310:257-7-95. Hot water and chemical

[4-703.12]

After being cleaned, equipment food-contact surfaces and utensils shall be sanitized in: (1)

Hot water manual operations by immersion for at least 30 seconds and as specified under 310:257-7-72; P

(2)

Hot water mechanical operations by being cycled through equipment that is set up as specified under 310:257-7-66, 310:257-7-73, and OAC:257-7-74 and achieving a utensil surface temperature of 71°C (160°F) as measured by an irreversible registering temperature indicator; or P

(3)

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 310:257-7-75 by providing:

108

(A) Except as specified under (3)(B) of this Section, a contact time of at least 10 seconds for a chlorine solution specified under 310:257-775(1), P (B) A contact time of at least 7 seconds for a chlorine solution of 50 mg/L that has a pH of 10 or less and a temperature of at least 38°C (100°F) or a pH of 8 or less and a temperature of at least 24°C (75°F), P (C) A contact time of at least 30 seconds for other chemical sanitizing solutions, or P (D) A contact time used in relationship with a combination of temperature, concentration, and pH that, when evaluated for efficacy, yields sanitization as defined in Section 310:257-1-2. P 310:257-7-96. Clean linens

[4-801.11]

Clean linens shall be free from food residues and other soiling matter. 310:257-7-97. Specifications

[4-802.11]

(a) Linens that do not come in direct contact with food shall be laundered between operations if they become wet, sticky, or visibly soiled. (b) Cloth gloves used as specified in 310:257-5-34(d) shall be laundered before being used with a different type of raw animal food such as beef, lamb, pork, poultry and fish. (c) Linens and napkins that are used as specified under 310:257-5-32 and cloth napkins shall be laundered between each use. (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. 310:257-7-98. Storage of soiled linens

[4-803.11]

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. 310:257-7-99.

Mechanical washing

[4-803.12]

(a) Except as specified in (b) of this Section, linens shall be mechanically washed. (b) In food service establishments in which only wiping cloths are laundered as specified in OAC 310:257-7-54(b), the wiping cloths may be laundered in a 109

mechanical washer, sink designated only for laundering wiping cloths, or a warewashing or food preparation sink that is cleaned as specified under OAC 310:257-7-65. 310:257-7-100. Use of laundry facilities

[4-803.13]

(a) Except as specified in (b) of this Section, laundry facilities on the premises of a food service establishment shall be used only for the washing and drying of items used in the operation of the establishment. (b) Separate laundry facilities located on the premises for the purpose of general laundering such as for institutions providing boarding and lodging may also be used for laundering food service establishment items. 310:257-7-101. Equipment and utensils, Air-drying required

[4-901.11]

After cleaning and sanitizing, equipment and utensils: (1)

Shall be air-dried or used after adequate draining as specified in paragraph (a) of 21 CFR 178.1010 sanitizing solutions, before contact with food. Stacking of wet items shall be prohibited; and

(2)

Shall not be cloth dried except that utensils that have been air-dried may be polished with cloths that are maintained clean and dry.

310:257-7-102. Wiping cloths, air-drying locations

[4-901.12]

Wiping cloths laundered in a food service establishment that does not have a mechanical clothes dryer as specified in OAC 310:257-7-54(b) shall be airdried 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 OAC 310:257-7-75. 310:257-7-103. Food-contact surfaces

[4-902.11]

Lubricants shall be applied to food-contact surfaces that require lubrication in a manner that does not contaminate food-contact surfaces. 310:257-7-104. Equipment

[4-902.12]

Equipment shall be reassembled so that food-contact surfaces are not contaminated. 310:257-7-105. Equipment, utensils, linens, and single-service and single-use articles

[4-903.11]

(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: 110

(1)

In a clean, dry location;

(2)

Where they are not exposed to splash, dust, or other contamination; and

(3)

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

(b) Clean equipment and utensils shall be stored as specified under (a) of this Section and shall be stored: (1)

In a self-draining position that allows air drying; and

(2)

Covered or inverted.

(c) Single-service and single-use articles shall be stored as specified under (a) of this Section and shall be kept in the original protective package or stored by using other means that afford protection from contamination until used. (d) Items that are kept in closed packages may be stored less than 15 cm (6 inches) above the floor on dollies, pallets, racks, and skids that are designed as specified under OAC 310:257-7-47. 310:257-7-106. Prohibitions

[4-903.12]

(a) Except as specified in (b) of this Section, cleaned and sanitized equipment, utensils, laundered linens, and single-service and single-use articles may not be stored: (1)

In locker rooms;

(2)

In toilet rooms;

(3)

In garbage rooms;

(4)

In mechanical rooms;

(5)

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

(6)

Under leaking water lines including leaking automatic fire sprinkler heads or under lines on which water has condensed;

(7)

Under open stairwells; or

(8)

Under other sources of contamination.

(b) Laundered linens and single-service and single-use articles that are packaged or in a facility such as a cabinet may be stored in a locker room. 310:257-7-107. Kitchenware and tableware

[4-904.11]

(a) Single-service and single-use articles and cleaned and sanitized utensils shall be handled, displayed, and dispensed so that contamination of foodand lip-contact surfaces is prevented. 111

(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. 310:257-7-108. Soiled and clean tableware

[4-904.12]

Soiled tableware shall be removed from consumer eating and drinking areas and handled so that clean tableware is not contaminated. 310:257-7-109. Preset tableware

[4-904.13]

If tableware is preset: (1)

It shall be protected from contamination by being wrapped, covered, or inverted;

(2)

Preset tableware may be exposed if unused settings are removed when a consumer is seated; or

(3)

Exposed, unused settings shall be cleaned and sanitized before further use if the settings are not removed when a consumer is seated.

310:257-7-110. Rinsing equipment and utensils after cleaning and sanitizing

[4-904.14]

After being cleaned and sanitized, equipment and utensils shall not be rinsed before air drying or use unless: (1)

The rinse is applied directly from a potable water supply by a warewashing machine that is maintained and operated as specified in 310:257-7-26 through 310:257-7-48 and 310:257-7-62 through 310:257-7-77; and

(2)

The rinse is applied only after the equipment and utensils have been sanitized by the applications of hot water or by the applications of a chemical sanitizer solution whose EPA registered label use instructions call for rinsing off the sanitizer after it is applied in a commercial warewashing machine.

112

SUBCHAPTER 9. WATER, PLUMBING AND WASTE Section 310:257-9-1. Approved System 310:257-9-2. System flushing and disinfection 310:257-9-3. Bottled drinking water 310:257-9-4. Quality, standards 310:257-9-5. Nondrinking water 310:257-9-6. Sampling 310:257-9-7. Sample report 310:257-9-8. Quantity and availability, capacity 310:257-9-9. Pressure 310:257-9-10. Distribution, delivery, and retention, system 310:257-9-11. Alternative water supply 310:257-9-12. Materials, approved 310:257-9-13. Approved system and cleanable fixtures 310:257-9-14. Handwashing facility, installation 310:257-9-15. Backflow prevention, air gap 310:257-9-16. Backflow prevention device, design standard 310:257-9-17. Conditioning device, design 310:257-9-18. Numbers and capacities, handwashing facilities 310:257-9-19. Toilets and urinals 310:257-9-20. Service sink 310:257-9-21. Backflow prevention device, when required 310:257-9-22. Backflow prevention device, carbonator 310:257-9-23. Location and placement, handwashing facilities 310:257-9-24. Backflow prevention device, location 310:257-9-25. Conditioning device, location 310:257-9-26. Using a handwashing facility 310:257-9-27. Prohibiting a cross connection 310:257-9-28. Scheduling inspection and service for a water system device 310:257-9-29. Water reservoir of fogging devices, cleaning 310:257-9-30. System maintained in good repair 310:257-9-31. Materials, approved 310:257-9-32. Enclosed system, sloped to drain 310:257-9-33. Inspection and cleaning port, protected and secured 310:257-9-34. "V" type threads, use limitation 310:257-9-35. Tank vent, protected 310:257-9-36. Inlet and outlet, sloped to drain 310:257-9-37. Hose, construction and identification 310:257-9-38. Filter, compressed air 310:257-9-39. Protective cover or device 310:257-9-40. Mobile food establishment tank inlet 310:257-9-41. System flushing and disinfection 310:257-9-42. Using a pump and hoses, backflow prevention 113

310:257-9-43. 310:257-9-44. 310:257-9-45. 310:257-9-46. 310:257-9-47. 310:257-9-48. 310:257-9-49. 310:257-9-50. 310:257-9-51. 310:257-9-52. 310:257-9-53. 310:257-9-54. 310:257-9-55. 310:257-9-56. 310:257-9-57. 310:257-9-58. 310:257-9-59. 310:257-9-60. 310:257-9-61. 310:257-9-62. 310:257-9-63. 310:257-9-64. 310:257-9-65. 310:257-9-66. 310:257-9-67. 310:257-9-68. 310:257-9-69. 310:257-9-70. 310:257-9-71. 310:257-9-72. 310:257-9-73.

Protecting inlet, outlet, and hose fitting Tank, pump, and hoses, dedication Capacity and drainage Establishment drainage system Backflow prevention Grease trap Conveying sewage Removing mobile food establishment wastes Flushing a waste retention tank Approved sewage disposal system Other liquid wastes and rainwater Indoor storage area Outdoor storage surface Outdoor enclosure Receptacles Receptacles in vending machines Outside receptacles Storage areas, rooms, and receptacles, capacity and availability Toilet room receptacle, covered Cleaning implements and supplies Storage areas, redeeming machines, receptacles and waste handling units, location Storing refuse, recyclables, and returnables Areas, enclosures, and receptacles, good repair Outside storage prohibitions Covering receptacles Using drain plugs Maintaining refuse areas and enclosures Cleaning receptacles Frequency Receptacles or vehicles Community or individual facility

310:257-9-1. Approved System

[5-101.11]

A license holder shall obtain potable water from: (1)

A community water system; or

(2)

A non-community water system; or

(3)

A non-transient, non-community water system that is constructed, maintained and operated in accordance with the Oklahoma Water Supply Systems Act, codified at 27A O.S. Section 2-6-301 et seq., and the rules promulgated there under

P

114

P

310:257-9-2. System flushing and disinfection [5-101.12] A drinking water system shall be flushed and disinfected before being placed in service after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system. P 310:257-9-3. Bottled drinking water

[5-101.13]

Bottled drinking water used or sold in a food service establishment shall be obtained from approved sources in accordance with 21 CFR 129 - Processing and Bottling of Bottled Drinking Water and OAC 310:225. P 310:257-9-4. Quality, standards

[5-102.11]

Except as specified under 310:257-9-5, a license holder shall obtain potable water from a community, non-community or non-transient, non-community water system that meets the requirements promulgated at 40 CFR 141 National Primary Drinking Water Regulations and standards in OAC 252:631 Public Water Supply Operation from the Oklahoma Department of Environmental Quality. P 310:257-9-5. Nondrinking water

[5-102.12]

(a) A nondrinking water supply shall be used only if its use is approved.

P

(b) Nondrinking water shall be used only for nonculinary purposes such as air conditioning, nonfood equipment cooling, fire protection, and irrigation. P 310:257-9-6. Sampling

[5-102.13]

Except when used as specified under 310:257-9-5, water from a noncommunity water system shall be sampled and tested at least annually and as required by the Oklahoma Department of Environmental Quality, OAC 252:631 Public Water Supply Operation water quality regulations. Pf 310:257-9-7. Sample report

[5-102.14]

The most recent sample report for the non-community water system shall be retained on file in the food service establishment or the report shall be maintained as specified by the Oklahoma Department of Environmental Quality OAC 252:631 Public Water Supply Operation water quality regulations. 310:257-9-8. Quantity and availability, capacity

[5-103.11]

(a) The water source and system shall be of sufficient capacity to meet the peak water demands of the food service establishment. Mobile and seasonal food service establishments shall have a minimum water capacity of at least 10 gallons. Pushcarts shall have a minimum water capacity of at least 5 gallons. Pf 115

(b) Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the food service establishment. Pf 310:257-9-9. Pressure

[5-103.12]

Water under pressure shall be provided to all fixtures, equipment, and nonfood equipment that are required to use water except that water supplied as specified under OAC 310:257-9-11(1) and (2) to a temporary food service establishment or in response to a temporary interruption of a water supply need not be under pressure. Mobile and seasonal food service establishments shall have a water system under pressure that produces a flow of at least two gallons per minute. Pf 310:257-9-10. Distribution, delivery, and retention, system

[5-104.11]

Water shall be received from the source through the use of: (1)

An approved community water main; or

(2)

One or more of the following that shall be constructed, maintained, and operated according to law: Pf (A)

Pf

Non-community or non-transient water main, water pumps, pipes, hoses, connections, and other appurtenances, Pf

(B) Water transport vehicles, and (C) Water containers.

Pf

Pf

310:257-9-11. Alternative water supply

[5-104.12]

Water meeting the requirements specified under OAC 310:257-9-1 through OAC 310:257-9-9 shall be made available for a temporary food service establishment without a permanent water supply, and for a food service establishment or mobile food service establishment with a temporary interruption of its water supply through: (1)

A supply of containers of commercially bottled drinking water;

(2)

One or more closed portable water containers;

(3)

An enclosed vehicular water tank;

(4)

An on-premises water storage tank; or

(5)

Piping, tubing, or hoses connected to an adjacent approved source.

310:257-9-12. Materials, approved

Pf

Pf

Pf Pf Pf

[5-201.11]

(a) A plumbing system and hoses conveying water shall be constructed and repaired with approved materials according to law. P 116

(b) A water filter shall be made of safe materials.

P

310:257-9-13. Approved system and cleanable fixtures

[5-202.11]

(a) A plumbing system shall be designed, constructed, and installed according to law. P (b) A plumbing fixture such as a handwashing facility, toilet, or urinal shall be easily cleanable. 310:257-9-14. Handwashing facility, installation

[5-202.12]

(a) A handwashing lavatory shall be equipped to provide water at a temperature of at least 38°C (100°F) through a mixing valve or combination faucet. Pf (b) A steam mixing valve may not be used at a handwashing lavatory. (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. 310:257-9-15. Backflow prevention, air gap

[5-202.13]

An air gap between the water supply inlet and the flood level rim of the plumbing fixture, equipment, or nonfood equipment shall be at least twice the diameter of the water supply inlet and may not be less than 25 mm (1 inch). P 310:257-9-16. Backflow prevention device, design standard

[5-202.14]

A backflow or backsiphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering (A.S.S.E.) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device. P 310:257-9-17. Conditioning device, design

[5-202.15]

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. 310:257-9-18. Numbers and capacities, handwashing facilities

[5-203.11]

(a) Except as specified in (b) and (c) of this Section, at least 1 handwashing lavatory, a number of handwashing lavatories necessary for their convenient use by employees in areas specified under 310:257-9-23, and not fewer than the number of handwashing lavatories required by law shall be provided. A sink system shall be made of equipment and materials intended

117

for the use of hand washing. The sink system shall be installed so that hand washing cannot contaminate utensil washing. Pf (b) If approved and capable of removing the types of soils encountered in the food operations involved, automatic handwashing facilities may be substituted for handwashing lavatories in a food service establishment that has at least one handwashing lavatory. (c) If approved, when food exposure is limited to prepackaged products where no food preparation takes place and handwashing lavatories are not conveniently available, such as in some mobile or temporary food service establishments or at some vending machine locations, employees may use chemically treated towelettes for handwashing. 310:257-9-19. Toilets and urinals

[5-203.12]

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. Chemical portable toilets can be substituted for this requirement for temporary, seasonal, and mobile food service establishments. 310:257-9-20. Service sink

[5-203.13]

(a) At least 1 service sink or 1 curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste. (b) A toilet and urinal shall not be used as a service sink for disposal of mop water and similar liquid waste. 310:257-9-21. Backflow prevention device, when required

[5-203.14]

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 service 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: (1)

Providing an air gap as specified under OAC 310:257-9-15; or

(2)

Installing an approved backflow prevention device as specified under OAC 310:257-9-16. P

310:257-9-22. Backflow prevention device, carbonator

P

[5-203.15]

(a) If not provided with an air gap as specified under 310:257-9-20, a double check valve with an intermediate vent preceded by a screen of not less than 118

100 mesh to 25.4mm (100 mesh to 1 inch) shall be installed upstream from a carbonating device and downstream from any copper in the water supply line. (b) A 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 (a) of this Section. 310:257-9-23. Location and placement, handwashing facilities

[5-204.11]

A handwashing facility shall be located: (1)

To allow convenient use by employees in food preparation, food dispensing, and warewashing areas; and; Pf

(2)

In, or immediately adjacent to, toilet rooms.

Pf

310:257-9-24. Backflow prevention device, location

[5-204.12]

A backflow prevention device shall be located so that it may be serviced and maintained. 310:257-9-25. Conditioning device, location

[5-204.13]

A water filter, screen, and other water conditioning device installed on water lines shall be located to facilitate disassembly for periodic servicing and cleaning. 310:257-9-26. Using a handwashing facility

[5-205.11]

(a) A handwashing facility shall be maintained so that it is accessible at all times for employee use. Pf (b) A handwashing facility may not be used for purposes other than handwashing. Pf (c) An automatic handwashing facility shall be used in accordance with manufacturer's instructions. Pf 310:257-9-27. Prohibiting a cross connection

[5-205.12]

(a) Except as specified in 9 CFR 308.3(d) for firefighting, a person may not create a cross connection by connecting a pipe or conduit between the drinking water system and a nondrinking water system or a water system of unknown quality. P (b) The piping of a nondrinking water system shall be durably identified so that it is readily distinguishable from piping that carries drinking water. Pf

119

310:257-9-28. Scheduling inspection and service for a water system device

[5-205.13]

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. Pf 310:257-9-29. Water reservoir of fogging devices, cleaning

[5-205.14]

(a) A reservoir that is used to supply water to a device such as a produce fogger shall be: (1)

Maintained in accordance with manufacturer's specifications; and

(2)

Cleaned in accordance with manufacturer's specifications or according to the procedures specified under (b) of this Section, whichever is more stringent. P

P

(b) Cleaning procedures shall include at least the following steps and shall be conducted at least once a week: (1)

Draining and complete disassembly of the water and aerosol contact parts; P

(2)

Brush-cleaning the reservoir, aerosol tubing, and discharge nozzles with a suitable detergent solution; P

(3)

Flushing the complete system with water to remove the detergent solution and particulate accumulation; and; P

(4)

Rinsing by immersing, spraying, or swabbing the reservoir, aerosol tubing, and discharge nozzles with at least 50 mg/L hypochlorite solution. P

310:257-9-30. System maintained in good repair

[5-205.15]

A plumbing system shall be: (1)

Repaired according to law; and

(2)

Maintained in good repair.

P

310:257-9-31. Materials, approved

[5-301.11]

Materials that are used in the construction of a mobile water tank, mobile food service establishment water tank, and appurtenances shall be: (1)

Safe;

(2)

Durable, corrosion-resistant, and nonabsorbent; and

P

120

(3)

Finished to have a smooth, easily cleanable surface.

310:257-9-32. Enclosed system, sloped to drain

[5-302.11]

A mobile water tank shall be: (1)

Enclosed from the filling inlet to the discharge outlet; and

(2)

Sloped to an outlet that allows complete drainage of the tank; and

(3)

At least the capacity as specified in OAC 310:257-9-8.

310:257-9-33. Inspection and cleaning port, protected and secured

[5-302.12]

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: (1)

Flanged upward at least 13 mm (one-half inch); and

(2)

Equipped with a port cover assembly that is: (A) Provided with a gasket and a device for securing the cover in place, and; (B) Flanged to overlap the opening and sloped to drain.

310:257-9-34. "V" type threads, use limitation

[5-302.13]

A fitting with "V" type threads on a water tank inlet or outlet shall be allowed only when a hose is permanently attached. 310:257-9-35. Tank vent, protected

[5-302.14]

If provided, a water tank vent shall terminate in a downward direction and shall be covered with: (1)

16 mesh to 25.4 mm (16 mesh to 1 inch) screen or equivalent when the vent is in a protected area; or

(2)

A protective filter when the vent is in an area that is not protected from windblown dirt and debris.

310:257-9-36. Inlet and outlet, sloped to drain

[5-302.15]

(a) A water tank and its inlet and outlet shall be sloped to drain. (b) A water tank inlet shall be positioned so that it is protected from contaminants such as waste discharge, road dust, oil or grease.

121

310:257-9-37. Hose, construction and identification [5-302.16] A hose used for conveying drinking water to and from a water tank in a mobile food service establishment and mobile pushcart shall be: (1)

Safe;

(2)

Durable, corrosion-resistant, nonabsorbent and made of food grade materials;

(3)

Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition;

(4)

Finished with a smooth interior surface; and

(5)

Clearly and durably identified as to its use if not permanently attached.

P

310:257-9-38. Filter, compressed air

[5-303.11]

A filter that does not pass oil or oil vapors shall be installed in the air supply line between the compressor and drinking water system when compressed air is used to pressurize the water tank system. P 310:257-9-39. Protective cover or device

[5-303.12]

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. 310:257-9-40. Mobile food establishment tank inlet

[5-303.13]

A mobile food service establishment's water tank inlet shall be: (1)

19.1 mm (three-fourths inch) in inner diameter or less; and

(2)

Provided with a hose connection of a size or type that will prevent its use for any other service.

310:257-9-41. System flushing and disinfection

[5-304.11]

A water tank, pump, and hoses shall be flushed and sanitized before being placed in service after construction, repair, modification, and periods of nonuse. P 310:257-9-42. Using a pump and hoses, backflow prevention

[5-304.12]

A person shall operate a water tank, pump, and hoses so that backflow and other contamination of the water supply are prevented.

122

310:257-9-43. Protecting inlet, outlet, and hose fitting

[5-304.13]

If not in use, a water tank and hose inlet and outlet fitting shall be protected using a cover or device as specified under OAC 310:257-9-39. 310:257-9-44. Tank, pump, and hoses, dedication

[5-304.14]

(a) Except as specified in (b) of this Section, a water tank, pump, and hoses used for conveying drinking water shall be used for no other purpose. P (b) Water tanks, pumps, and hoses approved for liquid foods may be used for conveying drinking water if they are cleaned and sanitized before they are used to convey water. 310:257-9-45. Capacity and drainage

[5-401.11]

A sewage holding tank in a mobile food service establishment shall be: (1)

Sized 15 percent larger in capacity than the water supply tank; and

(2)

Sloped to a drain that is 25 mm (1 inch) in inner diameter or greater, equipped with a shut-off valve.

310:257-9-46. Establishment drainage system

[5-402.10]

Food service establishment drainage systems, including grease traps, that convey sewage shall be designed and installed as specified under OAC 310:257-9-13(a). 310:257-9-47. Backflow prevention

[5-402.11]

(a) Except as specified in (b) through (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. P (b) Subsection (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. 310:257-9-48. Grease trap

[5-402.12]

If used, a grease trap shall be located to be easily accessible for cleaning.

123

310:257-9-49. Conveying sewage

[5-402.13]

Sewage shall be conveyed to the point of disposal through a sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are maintained and operated according to law. P 310:257-9-50. Removing mobile food establishment wastes

[5-402.14]

Sewage and other liquid wastes shall be removed from a mobile food service establishment at an approved waste servicing area or by a sewage transport vehicle in such a way that a public health hazard or nuisance is not created. Pf 310:257-9-51. Flushing a waste retention tank

[5-402.15]

A tank for liquid waste retention shall be thoroughly flushed and drained in a sanitary manner during the servicing operation. 310:257-9-52. Approved sewage disposal system

[5-403.11]

Sewage shall be disposed through: (1)

A public sewage treatment plant; or

(2)

An on-site sewage disposal system that is maintained and operated according to law. P

P

310:257-9-53. Other liquid wastes and rainwater

[5-403.12]

Condensate drainage and other nonsewage liquids and rainwater shall be drained from point of discharge to disposal according to law. 310:257-9-54. Indoor storage area

[5-501.10]

If located within the food service establishment, a storage area for refuse, recyclables, and returnables shall meet the requirements specified under OAC 310:257-11-1, OAC 310:257-11-3 through OAC 310:257-11-10, OAC 310:25711-15, and OAC 310:257-11-16. 310:257-9-55. Outdoor storage surface

[5-501.11]

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. 310:257-9-56. Outdoor enclosure

[5-501.12]

If used, an outdoor enclosure for refuse, recyclables, and returnables shall be constructed of durable and cleanable materials.

124

310:257-9-57. Receptacles

[5-501.13]

(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 rodentresistant, leakproof, and nonabsorbent. (b) Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the food service establishment, or within closed outside receptacles. 310:257-9-58. Receptacles in vending machines

[5-501.14]

A refuse receptacle may not be located within a vending machine, except that a receptacle for beverage bottle crown closures may be located within a vending machine. 310:257-9-59. Outside receptacles

[5-501.15]

(a) Receptacles and waste handling units for refuse, recyclables, and returnables used with materials containing food residue and used outside the food service establishment shall be designed and constructed to have tight-fitting lids, doors, or covers. (b) Receptacles and waste handling units for refuse and recyclables such as an on-site compactor shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit. (c) Equipment and receptacles for refuse, recyclables, and returnables used with materials containing food residue and designed to be used by establishment patrons shall be used as originally designed and maintained so that accumulation of debris and insect and rodent attraction are minimized. 310:257-9-60. Storage areas, rooms, and receptacles, capacity and availability

[5-501.16]

(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. (b) A receptacle shall be provided in each area of the food service 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. 125

310:257-9-61. Toilet room receptacle, covered

[5-501.17]

A toilet room used by females shall be provided with a covered receptacle for sanitary napkins. 310:257-9-62. Cleaning implements and supplies

[5-501.18]

(a) Except as specified in (b) of this Section, suitable cleaning implements and supplies such as high pressure pumps, hot water, steam, and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables. (b) If approved, off-premises-based cleaning services may be used if onpremises cleaning implements and supplies are not provided. 310:257-9-63. Storage areas, redeeming machines, receptacles and waste handling units, location

[5-501.19]

(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. (b) A redeeming machine may be located in the packaged food storage area or consumer area of a food service 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. 310:257-9-64. Storing refuse, recyclables, and returnables

[5-501.110]

Refuse, recyclables, and returnables shall be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents. 310:257-9-65. Areas, enclosures, and receptacles, good repair

[5-501.111]

Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair. 310:257-9-66. Outside storage prohibitions

[5-501.112]

(a) Except as specified in (b) of this Section, refuse receptacles not meeting the requirements specified under OAC 310:257-9-57(a) such as receptacles that 126

are not rodent-resistant, unprotected plastic bags and paper bags, or baled units that contain materials with food residue may not be stored outside. (b) Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem. 310:257-9-67. Covering receptacles Receptacles and waste handling returnables shall be kept covered: (1)

[5-501.113]

units

for

refuse,

recyclables,

and

Inside the food service establishment if the receptacles and units: (A) Contain food residue and are not in continuous use; or (B) After they are filled; and

(2)

With tight-fitting lids or doors if kept outside the food service establishment.

310:257-9-68. Using drain plugs

[5-501.114]

Drains in receptacles and waste handling units for refuse, recyclables, and returnables shall have drain plugs in place. 310:257-9-69. Maintaining refuse areas and enclosures

[5-501.115]

A storage area and enclosure for refuse, recyclables, or returnables shall be maintained free of unnecessary items, as specified under OAC 310:257-11-53, and clean. 310:257-9-70. Cleaning receptacles

[5-501.116]

(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 OAC 310:257-9-50. (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. 310:257-9-71. Frequency

[5-502.11]

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.

127

310:257-9-72. Receptacles or vehicles

[5-502.12]

Refuse, recyclables, and returnables shall be removed from the premises by way of: (1)

Portable receptacles that are constructed and maintained according to law; or

(2)

A transport vehicle that is constructed, maintained, and operated according to law.

310:257-9-73. Community or individual facility

[5-503.11]

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.

128

SUBCHAPTER 11. PHYSICAL FACILITIES Section 310:257-11-1. 310:257-11-2. 310:257-11-3. 310:257-11-4. 310:257-11-5. 310:257-11-6. 310:257-11-7. 310:257-11-8. 310:257-11-9. 310:257-11-10. 310:257-11-11. 310:257-11-12. 310:257-11-13. 310:257-11-14. 310:257-11-15. 310:257-11-16. 310:257-11-17. 310:257-11-18. 310:257-11-19. 310:257-11-20. 310:257-11-21. 310:257-11-22. 310:257-11-23. 310:257-11-24. 310:257-11-25. 310:257-11-26. 310:257-11-27. 310:257-11-28. 310:257-11-29. 310:257-11-30. 310:257-11-31. 310:257-11-32. 310:257-11-33. 310:257-11-34. 310:257-11-35. 310:257-11-36. 310:257-11-37. 310:257-11-38. 310:257-11-39.

Indoor areas, surface characteristics Outdoor areas, surface characteristics Floors, walls, and ceilings Floors, walls, and ceilings, utility linens Floor and wall junctures, coved, and enclosed or sealed Floor carpeting, restrictions and installation Floor coverings, mats and duckboards Wall and ceiling coverings and coatings Walls and ceilings, attachments Walls and ceilings, studs, joists, and rafters Light bulbs, protective shielding Heating, ventilating, air conditioning system vents Insect control devices, design and installation Toilet rooms, enclosed Outer openings, protected Exterior walls and roofs, protective barrier Outdoor food vending areas, overhead protection Outdoor servicing areas, overhead protection Outdoor walking and driving surfaces, graded to drain Outdoor refuse areas, curbed and graded to drain Private homes and living or sleeping quarters, use prohibition Living or sleeping quarters, separation Handwashing facilities, minimum number Handwashing cleanser, availability Hand drying provision Handwashing aids and devices, use restrictions Handwashing signage Disposable towels, waste receptacle Toilets and urinals, minimum number Toilet tissue, availability Lighting, intensity Ventilation, mechanical Designation Service sinks, availability Handwashing facilities, conveniently located Toilet rooms, convenience and accessibility Employee accommodations, designated areas Distressed merchandise, segregation and location Receptacles, waste handling units, and designated storage areas 310:257-11-40. Premises, structures, attachments, and fixtures, repairing 310:257-11-41. Cleaning, frequency and restrictions 129

310:257-11-42. Cleaning floors, dustless methods 310:257-11-43. Cleaning ventilation systems, nuisance and discharge prohibition 310:257-11-44. Cleaning maintenance tools, preventing contamination 310:257-11-45. Drying mops 310:257-11-46. Absorbent materials in floors, use limitation 310:257-11-47. Maintaining and using handwashing facilities 310:257-11-48. Closing toilet room doors 310:257-11-49. Using dressing rooms and lockers 310:257-11-50. Controlling pests 310:257-11-51. Removing dead or trapped birds, insects, rodents, and other pests 310:257-11-52. Storing maintenance tools 310:257-11-53. Maintaining premises, unnecessary items and litter 310:257-11-54. Prohibiting animals 310:257-11-1. Indoor areas, surface characteristics

[6-101.11]

(a) Except as specified in (b) of this Section, materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be: (1)

Smooth, durable, and easily cleanable for areas where food service establishment operations are conducted in food preparation and warewashing areas, the Light Reflectivity Value (LRV) of walls and ceiling surfaces shall be 50 percent or greater to aid in thorough cleaning of these 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, employee toilet rooms, mobile food service establishment servicing areas, and areas subject to flushing or spray cleaning methods.

(b) In a temporary food service 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 suitable approved materials that are effectively treated to control dust and mud; and

(2)

Walls and ceilings may be constructed of a material that protects the interior from the weather and windblown dust and debris.

310:257-11-2. Outdoor areas, surface characteristics

[6-102.11]

(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. 130

(b) Exterior surfaces of buildings and mobile food service 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 OAC 310:257-9-55 and OAC 310:257-9-56. 310:257-11-3.

Floors, walls, and ceilings

[6-201.11]

Except as allowed 310:257-11-6, 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. 310:257-11-4. Floors, walls, and ceilings, utility lines

[6-201.12]

(a) Utility service lines and pipes may not be unnecessarily exposed. (b) Exposed utility service lines and pipes shall be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings. (c) Exposed horizontal utility service lines and pipes may not be installed on the floor. 310:257-11-5. Floor and wall junctures, coved, and enclosed or sealed

[6-201.13]

(a) In food service 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 1mm (one thirty-second inch). (b) The floors in food service 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. 310:257-11-6. Floor carpeting, restrictions and installation

[6-201.14]

(a) A floor covering such as carpeting or similar material may not be installed as a floor covering in food preparation areas, walk-in refrigerators, warewashing areas, toilet room areas where handwashing lavatories, toilets, and urinals are located, refuse storage rooms, or other areas where the floor is subject to moisture, flushing, or spray cleaning methods. (b) If carpeting is installed as a floor covering in areas other than those specified under (a) of this Section, it shall be: (1)

Securely attached to the floor with a durable mastic, by using a stretch and tack method, or by another method; and

(2)

Installed tightly against the wall under the coving or installed away from the wall with a space between the carpet and the wall and with 131

the edges of the carpet secured by metal stripping or some other means. 310:257-11-7. Floor covering, mats and duckboards

[6-201.15]

Mats and duckboards shall be designed to be removable and easily cleanable. 310:257-11-8. Wall and ceiling coverings and coatings

[6-201.16]

(a) Wall and ceiling covering materials shall be attached so that they are easily cleanable. (b) Except in areas used only for dry storage, concrete, porous blocks, or bricks used for indoor wall construction shall be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface. 310:257-11-9. Walls and ceilings, attachments

[6-201.17]

(a) Except as specified in (b) of this Section, attachments to walls and ceilings such as light fixtures, mechanical room ventilation system components, vent covers, wall mounted fans, decorative items, and other attachments shall be easily cleanable. (b) In a consumer area, wall and ceiling surfaces and decorative items and attachments that are provided for ambiance need not meet this requirement if they are kept clean. 310:257-11-10. Walls and ceilings, studs, joists, and rafters

[6-201.18]

Studs, joists, and rafters may not be exposed in areas subject to moisture. This requirement does not apply to temporary food service establishments. 310:257-11-11. Light bulbs, protective shielding

[6-202.11]

(a) Except as specified in (b) of this Section, light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles. (b) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages, if: (1)

The integrity of the packages can not be affected by broken glass falling onto them; and

(2)

The packages are capable of being cleaned of debris from broken bulbs before the packages are opened.

132

(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. 310:257-11-12.

Heating, ventilating, air conditioning system vents

[6-202.12]

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. 310:257-11-13. Insect control devices, design and installation

[6-202.13]

(a) Insect control devices that are used to electrocute or stun flying insects shall be designed to retain the insect within the device. (b) Insect control devices shall be installed so that: (1)

The devices are not located over a food preparation area; and

(2)

Dead insects and insect fragments are prevented from being impelled onto or falling on exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

310:257-11-14. Toilet rooms, enclosed

[6-202.14]

Except where a toilet room is located outside a food service establishment and does not open directly in the food service 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 tightfitting and self-closing door. 310:257-11-15. Outer openings, protected

[6-202.15]

(a) Except as specified in (b), (c), and (d) of this Section, outer openings of a food service establishment shall be protected against the entry of insects and rodents by: (1)

Filling or closing holes and other gaps along floors, walls, and ceilings;

(2)

Closed, tight-fitting windows; and

(3)

Solid, self-closing, tight-fitting doors.

(b) Paragraph (a) of this Section does not apply if a food service 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.

133

(c) Exterior doors used as exits need not be self-closing if they are: (1)

Solid and tight-fitting;

(2)

Designated for use only when an emergency exists, by the fire protection authority that has jurisdiction over the food service establishment; and

(3)

Limited-use so they are not used for entrance or exit from the building for purposes other than the designated emergency exit use.

(d) Except as specified in (b) of this Section, if the windows or doors of a food service establishment, or of a larger structure within which a food service establishment is located, are kept open for ventilation or other purposes or a temporary food service 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 25.4mm (16 mesh to 1 inch) screens;

(2)

Properly designed and installed air curtains to control flying insects; or

(3)

Other effective means.

310:257-11-16. Exterior walls and roofs, protective barrier

[6-202.16]

Perimeter walls and roofs of a food service establishment shall effectively protect the establishment from the weather and the entry of insects, rodents, and other animals. 310:257-11-17. Outdoor food vending areas, overhead protection [6-202.17] Except for machines that vend canned beverages, if located outside, a machine used to vend food shall be provided with overhead protection. 310:257-11-18. Outdoor servicing areas, overhead protection

[6-202.18]

Servicing areas shall be provided with overhead protection except that 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, need not be provided with overhead protection. 310:257-11-19. Outdoor walking and driving surfaces, graded to drain Exterior walking and driving surfaces shall be graded to drain.

134

[6-202.19]

310:257-11-20. Outdoor refuse areas, curbed and graded to drain

[6-202.110]

Outdoor refuse areas shall be constructed in accordance with law and shall and graded to drain to collect and dispose of liquid waste that results from the refuse and from cleaning the area and waste receptacles. 310:257-11-21. Private homes and living or sleeping quarters, use prohibition

[6-202.111]

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 service establishment operations. P 310:257-11-22. Living or sleeping quarters, separation

[6-202.112]

Living or sleeping quarters located on the premises of a food service establishment such as those provided for lodging registration clerks or resident managers shall be separated from rooms and areas used for food service establishment operations by complete partitioning and solid self-closing doors. 310:257-11-23. Handwashing facilities, minimum number

[6-301.10]

Handwashing facilities shall be provided OAC 310:257-9-18 as specified. 310:257-11-24. Handwashing cleanser, availability

[6-301.11]

Each handwashing lavatory or group of 2 adjacent lavatories shall be provided with a supply of hand cleaning liquid, powder, or bar soap. Pf 310:257-11-25. Hand drying provision

[6-301.12]

(a) Each handwashing lavatory or group of adjacent lavatories shall be provided with: (1)

Individual, disposable towels;

(2)

A continuous towel system that supplies the user with a clean towel; or Pf

(3)

A heated-air hand drying device, or

(4)

A hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures. Pf

Pf

Pf

(b) Except as provided in (a)(3) and (a)(4) of this Section, no hand drying device shall be allowed in food preparation areas.

135

310:257-11-26. Handwashing aids and devices, use restrictions

[6-301.13]

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 lavatory as specified under OAC 310:257-11-24 and OAC 310:257-11-25 and OAC 310:257-9-60(c). 310:257-11-27. Handwashing signage

[6-301.14]

A sign or poster that notifies food employees to wash their hands shall be provided at all handwashing lavatories used by food employees and shall be clearly visible to food employees. 310:257-11-28. Disposable towels, waste receptacle

[6-301.20]

A handwashing lavatory or group of adjacent lavatories that is provided with disposable towels shall be provided with a waste receptacle as specified under OAC 310:257-9-60(c). 310:257-11-29. Toilets and urinals, minimum number

[6-302.10]

Toilets and urinals shall be provided as specified under OAC 310:257-9-19. 310:257-11-30. Toilet tissue, availability

[6-302.11]

A supply of toilet tissue shall be available at each toilet.

Pf

310:257-11-31. Lighting, intensity

[6-303.11]

The light intensity shall be: (1)

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;

(2)

At least 215 lux (20 foot candles): (A) 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; (B) Inside equipment refrigerators;

such

as

reach-in

and

under-counter

(C) 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

136

(3)

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.

310:257-11-32. Ventilation, mechanical

[6-304.11]

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. 310:257-11-33. Designation

[6-305.11]

(a) Dressing rooms or dressing areas shall be designated if employees routinely change their clothes in the establishment. (b) Lockers or other suitable facilities shall be provided for the orderly storage of employees' clothing and other possessions. 310:257-11-34. Service sinks, availability

[6-306.10]

A service sink or curbed cleaning facility shall be provided as specified under OAC 310:257-9-20. 310:257-11-35. Handwashing facilities, conveniently located

[6-401.10]

Handwashing facilities shall be conveniently located as specified under OAC 310:257-9-23. 310:257-11-36. Toilet rooms, convenience and accessibility

[6-402.11]

Toilet rooms shall be conveniently located and accessible to employees during all hours of operation. 310:257-11-37. Employee accommodations, designated areas

[6-403.11]

(a) Areas designated for employees to eat, drink, and use tobacco shall be located so that food, equipment, linens, and single-service and single-use articles are protected from contamination. (b) Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens, and singleservice and single-use articles cannot occur. 310:257-11-38. Distressed merchandise, segregation and location

[6-404.11]

Products that are held by the license holder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be

137

segregated and held in designated areas that are separated from food, equipment, utensils, linens, and single-service and single-use articles. Pf 310:257-11-39.

Receptacles, waste handling units, and designated storage areas

[6-405.10]

Units, receptacles, and areas designated for storage of refuse and recyclable and returnable containers shall be located as specified under OAC 310:257-9-63. 310:257-11-40. Premises, structures, attachments, and fixtures, repairing

[6-501.11]

The physical facilities shall be maintained in good repair. 310:257-11-41. Cleaning, frequency and restrictions

[6-501.12]

(a) The physical facilities shall be cleaned as often as necessary to keep them clean. (b) Cleaning shall be done during periods when the least amount of food is exposed such as after closing. This requirement does not apply to cleaning that is necessary due to a spill or other accident. (c) Mobile pushcarts and mobile food establishments shall return daily to the commissary for servicing and cleaning if not associated with an event or celebration. 310:257-11-42. Cleaning floors, dustless methods

[6-501.13]

(a) Except as specified in (b) of this Section, only dustless methods of cleaning shall be used, such as wet cleaning, vacuum cleaning, mopping with treated dust mops, or sweeping using a broom and dust-arresting compounds. (b) Spills or drippage on floors that occur between normal floor cleaning times may be cleaned: (1)

Without the use of dust-arresting compounds; and

(2)

In the case of liquid spills or drippage, with the use of a small amount of absorbent compound such as sawdust or diatomaceous earth applied immediately before spot cleaning.

310:257-11-43.

Cleaning ventilation systems, nuisance and discharge prohibition

[6-501.14]

(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.

138

(b) If vented to the outside, ventilation systems may not create a public health hazard or nuisance or unlawful discharge. 310:257-11-44.

Cleaning maintenance tools, preventing contamination

[6-501.15]

Food preparation sinks, handwashing lavatories, and warewashing equipment may not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar liquid wastes. Pf 310:257-11-45. Drying mops

[6-501.16]

After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies. 310:257-11-46. Absorbent materials on floors, use limitation

[6-501.17]

Except as specified in OAC 310:257-11-42(b), sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials may not be used on floors. 310:257-11-47.

Cleaning of plumbing fixtures

[6-501.18]

Plumbing fixtures such as handwashing sinks, toilets, and urinals shall be cleaned as often as necessary to keep them clean. 310:257-11-48. Closing toilet room doors

[6-501.19]

Toilet room doors as specified under OAC 310:257-11-14 shall be kept closed except during cleaning and maintenance operations. 310:257-11-49. Using dressing rooms and lockers

[6-501.110]

(a) Dressing rooms shall be used by employees if the employees regularly change their clothes in the establishment. (b) Lockers or other suitable facilities shall be used for the orderly storage of employee clothing and other possessions. 310:257-11-50. Controlling pests

[6-501.111]

The presence of insects, rodents, and other pests shall be controlled to minimize their presence within the facility and its contents and on the contiguous land or property under the control of the license holder by: (1)

Routinely inspecting incoming shipments of food and supplies;

(2)

Routinely inspecting the premises for evidence of pests;

139

Pf

Pf

(3)

Using methods, if pests are found, such as trapping devices or other means of pest control as specified under OAC 310:257-13-5, OAC 310:257-13-13, and OAC 310:257-13-14; and Pf

(4)

Eliminating harborage conditions.

310:257-11-51.

Pf

Removing dead or trapped birds, insects, rodents, and other pests

[6-501.112]

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. 310:257-11-52. Storing maintenance tools

[6-501.113]

Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall be: (1)

Stored so they do not contaminate food, equipment, utensils, linens, and single-service and single-use articles; and

(2)

Stored in an orderly manner that facilitates cleaning the area used for storing the maintenance tools.

310:257-11-53.

Maintaining premises, unnecessary items and litter

[6-501.114]

The premises shall be free of: (1) (2)

Items that are unnecessary to the operation or maintenance of the establishment such as equipment that is nonfunctional or no longer used; and Litter.

310:257-11-54. Prohibiting animals

[6-501.115]

(a) Except as specified in (b) and (c) of this Section, live animals may not be allowed on the premises of a food service establishment. Pf (b) Live animals may be allowed in the following situations if the contamination of food; clean equipment, utensils, and linens; and unwrapped singleservice and single-use articles cannot result: (1)

Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems;

(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; 140

(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: (A) Effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas, (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

(5)

In areas that are not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly confined, such as in a variety store that sells pets or a tourist park that displays animals.

(c) Live or dead fish bait may be stored if contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and singleuse articles cannot result.

141

142

SUBCHAPTER 13. POISONOUS OR TOXIC MATERIALS Section 310:257-13-1. 310:257-13-2. 310:257-13-3. 310:257-13-4. 310:257-13-5. 310:257-13-6. 310:257-13-7. 310:257-13-8. 310:257-13-9. 310:257-13-10. 310:257-13-11. 310:257-13-12. 310:257-13-13. 310:257-13-14. 310:257-13-15. 310:257-13-16. 310:257-13-17. 310:257-13-18. 310:257-13-19.

Identifying information, prominence Common name Storage separation Presence and use, restriction Conditions of use Poisonous or toxic material containers Sanitizers, criteria Chemicals for washing fruits and vegetables, criteria Boiled water additives, criteria Drying agents, criteria Incidental food contact, criteria Restricted use pesticides, criteria Rodent bait stations Tracking powders, pest control and monitoring Restriction and storage Refrigerated medicines, storage Storage Storage Separation

310:257-13-1. Identifying information, prominence

[7-101.11]

Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label. Pf 310:257-13-2. Common name

[7-102.11]

Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material. Pf 310:257-13-3. Storage separation

[7-201.11]

Poisonous or toxic materials shall be stored so they can not contaminate food, equipment, utensils, linens, and single-service and single-use articles by: (1)

Separating the poisonous or toxic materials by spacing or partitioning; and P

(2)

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 143

contamination of food, equipment, utensils, linens, and single-service and single-use articles. P 310:257-13-4. Presence and use, restriction

[7-202.11]

(a) Only those poisonous or toxic materials that are required for the operation and maintenance of a food service 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 service establishment. Pf (b) (a) of this Section does not apply to packaged poisonous or toxic materials that are for retail sale. 310:257-13-5. Conditions of use

[7-202.12]

Poisonous or toxic materials shall be: (1)

Used according to: (A) Law and this Chapter, (B) Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's label instructions that state that use is allowed in a food service establishment, P (C) The conditions of certification, if certification is required, for use of the pest control materials, and P (D) Additional conditions that may be established by the regulatory authority; and

(2)

Applied so that: (A) A hazard to employees or other persons is not constituted, and

P

(B) Contamination including toxic residues due to drip, drain, fog, splash or spray on food, equipment, utensils, linens, and singleservice and single-use articles is prevented, and for a restricted use pesticide, this is achieved by: P (i)

Removing the items,

(ii)

Covering the items with impermeable covers, or

P P

(iii) Taking other appropriate preventive actions, and

P

(iv) Cleaning and sanitizing equipment and utensils after the application. P (3)

A restricted use pesticide shall be applied only by an applicator certified as defined in 7 USC 136(e) Certified Applicator, of the Federal

144

Insecticide, Fungicide and Rodenticide Act, or a person under the direct supervision of a certified applicator. Pf 310:257-13-6. Poisonous or toxic material containers

[7-203.11]

A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food. P 310:257-13-7. Sanitizers, criteria

[7-204.11]

Chemical sanitizers and other chemical antimicrobials applied to foodcontact surfaces shall meet the requirements specified in 21 CFR 178.1010 sanitizing solutions. P 310:257-13-8. Chemicals for washing fruits and vegetables, criteria

[7-204.12]

(a) Chemicals used to wash or peel raw, whole fruits and vegetables shall meet the requirements specified in 21 CFR 173.315 Chemicals used in washing or to assist in the peeling of fruits and vegetables. P (b) Ozone as an antimicrobial agent used in the treatment storage, and processing of fruits and vegetables in a food establishment shall meet the requirements specified in 21 CFR 173.368 Ozone. 310:257-13-9. Boiler water additives, criteria

[7-204.13]

Chemicals used as boiler water additives shall meet the requirements specified in 21 CFR 173.310 Boiler Water Additives. P 310:257-13-10. Drying agents, criteria

[7-204.14]

Drying agents used in conjunction with sanitization shall: (1)

Contain only components that are listed as one of the following: (A) Generally recognized as safe for use in food as specified in 21 CFR 182 - Substances Generally Recognized as Safe, or 21 CFR 184 Direct Food Substances Affirmed as Generally Recognized as Safe, P (B) Generally recognized as safe for the intended use as specified in 21 CFR 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe, P (C) Approved for use as a drying agent under a prior sanction specified in 21 CFR 181 - Prior-Sanctioned Food Ingredients, P (D) Specifically regulated as an indirect food additive for use as a drying agent as specified in 21 CFR Parts 175-178, or P 145

(E) 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 P (2)

When sanitization is with chemicals, the approval required as specified under (1)(C) or (1)(E) of this Section or the regulation as an indirect food additive required as specified under (1)(D) of this Section, shall be specifically for use with chemical sanitizing solutions. P

310:257-13-11. Incidental food contact, criteria

[7-205.11]

Lubricants shall meet the requirements specified in 21 CFR 178.3570 Lubricants with incidental food contact, if they are used on food-contact surfaces, on bearings and gears located on or within food-contact surfaces, or on bearings and gears that are located so that lubricants may leak, drip, or be forced into food or onto food-contact surfaces. P 310:257-13-12. Restricted use pesticides, criteria

[7-206.11]

Restricted use pesticides specified under OAC 310:257-13-5(3) shall meet the requirements specified in 40 CFR 152 Subpart I - Classification of Pesticides. P 310:257-13-13. Rodent bait stations

[7-206.12]

Rodent bait shall be contained in a covered, tamper-resistant bait station. 310:257-13-14. Tracking powders, pest control and monitoring

P

[7-206.13]

(a) Except as specified in (b) of this Section, a tracking powder pesticide may not be used in a food service establishment. P (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. 310:257-13-15. Medicines Restriction and storage

[7-207.11]

(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 service establishment. Pf (b) Medicines that are in a food service establishment for the employees' use shall be labeled as specified under 310:257-13-1 and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles. P

146

310:257-13-16. Refrigerated medicines, storage

[7-207.12]

Medicines belonging to employees that require refrigeration and are stored in a food refrigerator shall be: (1)

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 P

(2)

Located so they are inaccessible to children.

P

310:257-13-17. First Aid Supplies, Storage

[7-208.11]

First aid supplies that are in a food service establishment for the employees' use shall be: (1)

Labeled as specified under OAC 310:257-13-1; and

(2)

Stored in a kit or a container that is located to prevent the contamination of food, equipment, utensils, and linens, and singleservice and single-use articles. P

310:257-13-18. Other Personal Care Items, Storage

Pf

[7-209.11]

Except as specified under OAC 310:257-13-16 and OAC 310:257-13-17, employees shall store their personal care items in facilities as specified under OAC 310:257-11-33(b). 310:257-13-19. Separation

[7-301.11]

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: (1)

Separating the poisonous or toxic materials by spacing or partitioning; and P

(2)

Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles. P

147

148

SUBCHAPTER 15. COMPLIANCE AND ENFORCEMENT Section 310:257-15-1. 310:257-15-2. 310:257-15-3. 310:257-15-4. 310:257-15-5. 310:257-15-6. 310:257-15-7. 310:257-15-8. 310:257-15-9. 310:257-15-10. 310:257-15-11. 310:257-15-12. 310:257-15-14. 310:257-15-14. 310:257-15-15. 310:257-15-16. 310:257-15-17. 310:257-15-18. 310:257-15-19. 310:257-15-20. 310:257-15-21. 310:257-15-22. 310:257-15-23. 310:257-15-24. 310:257-15-25. 310:257-15-26. 310:257-15-27. 310:257-15-28. 310:257-15-29. 310:257-15-30. 310:257-15-31. 310:257-15-32. 310:257-15-33. 310:257-15-34. 310:257-15-35. 310:257-15-36. 310:257-15-37.

Public health protection Preventing health hazards, provision for conditions not addressed Modifications and waivers Documentation of proposed variance and justification Conformance with approved procedures When Plans are required Contents of the Plans and Specifications When a HACCP plan is required Contents of a HACCP plan Trade secrets Preoperational inspections Prerequisite for operation Form of submission Qualifications and responsibilities of applicants Contents of the application New, converted, or remodeled establishments Existing establishments, license renewal, and change of ownership Denial of application for license, notice Responsibilities of the regulatory authority Responsibilities of the license holder Licenses not transferable Competency of inspectors Allowed at reasonable times after due notice Refusal, notification of right to access, and final request for access Refusal, reporting Inspection order to gain access Documenting information and observations Specifying time frame for corrections Issuing report and obtaining acknowledgment of receipt Refusal to sign acknowledgment Public information Ceasing operations and reporting Resumption of operations Timely correction Verification and documentation of correction Time frame for correction Obtaining information: personal history of illness, medical examination, and specimen analysis 149

310:257-15-38. Restriction or exclusion of food employee, or summary suspension of license 310:257-15-39. Restriction or exclusion order: warning or hearing not required, information required in order 310:257-15-40. Release of food employee from restriction or exclusion 310:257-15-41. Priority & priority foundation items 310:257-15-1. Public health protection

[8-101.10]

(a) The regulatory authority shall apply this Chapter to promote its underlying purpose, as specified in OAC 310:257-1-2, of safeguarding public health and ensuring that food is safe, unadulterated, and honestly presented when offered to the consumer. (b) In enforcing the provisions of this Chapter, the regulatory authority shall assess existing facilities or equipment that were in use before the effective date of this Chapter based on the following considerations: (1)

Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition;

(2)

Whether food-contact surfaces comply with OAC 310:257-7-1 through OAC 310:257-7-11;

(3)

Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with OAC 310:257-7-50; and

(4)

The existence of a documented agreement with the license holder that the facilities or equipment will be replaced as specified under OAC 310:257-15-20(6).

310:257-15-2. Preventing health hazards, provision for conditions not addressed

[8-102.10]

(a) If necessary to protect against public health hazards or nuisances, the regulatory authority may impose specific requirements in addition to the requirements contained in this Chapter that are authorized by law. (b) The regulatory authority shall document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to the license applicant or license holder and a copy shall be maintained in the regulatory authority's file for the food service establishment. 310:257-15-3. Modifications and waivers

[8-103.10]

(a) Whenever the Department adopts new rules or amends existing language in this Chapter, the owner of a food service establishment may request that a variance be granted on any nonconforming use that may then exist, on or 150

before the effective date of the rule change, at the license holder’s place of operation. Such variance shall only be granted for the term of the current license period, or less. (b) Variances requested pursuant to this Subchapter are subject to approval by the Department. In order to have the variance approved, a license holder must submit a written application on a form provided by the Department. Any variance request shall be deemed denied unless the license holder subsequently receives notice of approval from the Department. (c) If the license holder replaces the equipment or reconstructs the portion of the facility that is the subject of the variance, the new equipment or construction must conform to the rules of this Chapter. (d) Variances may be reviewed and reconsidered for each successive licensing period. Prior to the expiration of the current license, the licensee must apply in writing for renewal of the variance, on a form provided by the Department. The process for approval of the renewal is the same as the process for granting the original variance. Each "renewal" shall be considered a new, separate variance, and must be independently justified. (e) Variances are not considered to be part of the license and may be revoked at any time, for any reason, by the Department. The licensee shall not be entitled to a hearing prior to revocation, but will be provided written notice of any revocation along with instructions that the licensee must come into compliance by a date certain. 310:257-15-4. Documentation of proposed variance and justification

[8-103.11]

(a) Variance requests are subject to review by the Department. During this process, the inspector must confirm the following in writing: (1)

The nature and extent of the nonconforming use;

(2)

That the equipment or portion of the facility in question is in an operable and sanitary condition, and can be maintained in satisfactory condition during the term of the variance; Pf

(3)

That no public health threats or food-related illness will result if the variance is granted. Pf

Pf

(b) If a HACCP plan is required, as specified in OAC 257-15-8, the license holder must supply the inspector with the information specified in OAC 310:257-15-9 as it is relevant to the variance requested. The relevant information must be provided prior to approval of the variance. Pf

151

310:257-15-5. Conformance with approved procedures

[8-103.12]

If the regulatory authority grants a variance as specified in OAC 310:257-15-3, or a HACCP plan is otherwise required as specified under OAC 310:257-15-8, the license holder shall: (1)

Comply with the HACCP plans and procedures that are submitted as specified under OAC 310:257-15-9 and approved as a basis for the modification or waiver; and P

(2)

Maintain and provide to the regulatory authority, upon request, records specified under OAC 310:257-15-9(4) and (5) that demonstrate that the following are routinely employed; (A) Procedures for monitoring critical control points, (B) Monitoring of the critical control points,

Pf

Pf

(C) Verification of the effectiveness of an operation or process, and

Pf

(D) Necessary corrective actions if there is failure at a critical control point. Pf 310:257-15-6. When Plans are required

[8-201.11]

A license applicant or license holder shall submit to the regulatory authority properly prepared plans and specifications for review and approval before: (1)

The construction of a food service establishment;

(2)

The conversion of an existing structure for use as a food service establishment; or Pf

(3)

The remodeling of a food service establishment or a change of type of food service establishment or food operation as specified under OAC 310:257-15-15(3)(C) and (D) if the regulatory authority determines that plans and specifications are necessary to ensure compliance with this Chapter. Pf

Pf

310:257-15-7. Contents of the Plans and Specifications

[8-201.12]

The plans and specifications for a food service establishment, including a food service establishment specified under 310:257-15-8, shall include, as required by the Department based on the type of operation, type of food preparation, and foods prepared, the following information to demonstrate conformance with Code provisions: (1)

Intended menu;

(2)

Anticipated volume of food to be stored, prepared, and sold or served;

152

(3)

Proposed equipment types, manufacturer and model numbers (if available);

(4)

Proposed floor plan;

(5)

Evidence that standard operating procedures that ensure compliance with the requirements of this Chapter are developed or are being developed; and

(6)

Other information that may be required by the Department for the proper review of the proposed construction, conversion or modification, and procedures for operating a food service establishment.

310:257-15-8. When a HACCP plan is required

[8-201.13]

(a) Before engaging in an activity that requires a HACCP plan, a license applicant or license holder shall submit to the regulatory authority for approval a properly prepared HACCP plan as specified under OAC 310:257-15-9 and the relevant provisions of this Chapter if: (1)

Submission of a HACCP plan is required according to law;

(2)

A variance is required as specified under OAC OAC 310:257-7-35(b), or OAC 310:257-5-46(d)(3); or

(3)

The regulatory authority determines that a food preparation or processing method requires a variance based on a plan submittal specified under OAC 310:257-15-7, an inspectional finding, or a variance request.

310:257-5-63,

(b) A license applicant or license holder shall have a properly prepared HACCP plan as specified under OAC 310:257-5-64. 310:257-15-9. Contents of a HACCP plan

[8-201.14]

For a food service establishment that is required under OAC 310:257-15-8 to have a HACCP plan, the plan and specifications shall indicate: (1)

A categorization of the types of potentially hazardous 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; Pf

(2)

A flow diagram by specific food or category type identifying critical control points and providing information on the following: (A) Ingredients, materials, and equipment used in the preparation of that food, and Pf

The term “potentially hazardous” in this document means “Time/Temperature Control for Safety Food”.

153

(B) Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved; Pf (3)

Food employee and supervisory training plan that addresses the food safety issues of concern; Pf

(4)

A statement of standard operating procedures for the plan under consideration including clearly identifying: (A) Each critical control point,

Pf

(B) The critical limits for each critical control point,

Pf

(C) The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge, Pf (D) The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points, Pf (E) Action to be taken by the person in charge if the critical limits for each critical control point are not met, and Pf (F) (5)

Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed; and Pf

Additional scientific data or other information, as required by the regulatory authority, supporting the determination that food safety is not compromised by the proposal. Pf

310:257-15-10. Trade secrets

[8-202.10]

The regulatory authority shall treat as confidential in accordance with law, information that meets the criteria specified in law for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified under OAC 310:257-15-7 and OAC 310:257-15-9. 310:257-15-11. Preoperational inspections

[8-203.10]

The regulatory authority shall conduct one or more preoperational inspections to verify that the food service establishment is constructed and equipped in accordance with the approved plans and approved modifications of those plans, has established standard operating procedures as specified under OAC 310:257-15-7(5), and is in compliance with law and this Chapter. 310:257-15-12. Prerequisite for operation

[8-301.11]

A person may not operate a food service establishment without a valid license to operate issued by the regulatory authority. Pf

154

310:257-15-13. Form of submission

[8-302.12]

A person desiring to operate a food service establishment shall submit to the regulatory authority a written application for a license on a form provided by the regulatory authority. 310:257-15-14. Qualifications and responsibilities of applicants

[8-302.13]

To qualify for a license, an applicant shall: (1)

Be an owner of the food service establishment or an officer of the legal ownership;

(2)

Comply with the requirements of this Chapter;

(3)

As specified under OAC 310:257-15-23, agree to allow access to the food service establishment and to provide required information; and

(4)

Pay the applicable license fees at the time the application is submitted.

310:257-15-15. Contents of the application

[8-302.14]

The application shall include: (1)

The name, mailing address, telephone number, approximate number of employees, and signature of the person applying for the license and the name, mailing address, and location of the food service establishment;

(2)

Information specifying whether the food service establishment is owned by an association, corporation, individual, partnership, or other legal entity;

(3)

The Department shall issue a license to the applicant after: (A) A properly completed application is received; (B) The required fees are received; (C) The plans, specifications, and information, if applicable, are reviewed; and (D) A pre-licensing inspection shows that the establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with this Chapter and meets the Department’s criteria for a license; or (E) Any other information required by the regulatory authority.

155

310:257-15-16. New, converted, or remodeled establishments

[8-303.10]

For food service establishments that are required to submit plans as specified under OAC 310:257-15-6 the regulatory authority shall issue a license to the applicant after: (1)

A properly completed application is submitted;

(2)

The required fee is submitted;

(3)

The required plans, specifications, and information are reviewed and approved; and

(4)

A preoperational inspection as specified in OAC 310:257-15-11 shows that the establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with this Chapter.

310:257-15-17.

Existing establishments, license renewal, and change of ownership

[8-303.20]

The regulatory authority may renew a license for an existing food service establishment or may issue a license to a new owner of an existing food service establishment after a properly completed application is submitted, reviewed, and approved, the fees are paid, and an inspection shows that the establishment is in compliance with this Chapter. 310:257-15-18. Denial of application for license, notice

[8-303.30]

If an application for a license to operate is denied, the regulatory authority shall provide the applicant with a notice that includes: (1)

The specific reasons and Chapter citations for the license denial;

(2)

The actions, if any, that the applicant must take to qualify for a license; and

(3)

Advisement of the applicant's right of appeal and the process and time frames for appeal that are provided in law.

310:257-15-19. Responsibilities of the regulatory authority

[8-304.10]

(a) At the time a license is first issued, the regulatory authority shall provide to the license holder a copy of this Chapter so that the license holder is notified of the compliance requirements and the conditions of retention, as specified under OAC 310:257-15-20, that are applicable to the license. (b) Failure to provide the information specified in (a) of this Section does not prevent the regulatory authority from taking authorized action or seeking remedies if the license holder fails to comply with this Chapter or an order, warning, or directive of the regulatory authority. 156

310:257-15-20. Responsibilities of the license holder

[8-304.11]

Upon acceptance of the license issued by the regulatory authority, the license holder in order to retain the license shall: (1)

Post the license in a location in the food service establishment that is conspicuous to consumers;

(2)

Comply with the provisions of this Chapter including the conditions of a granted variance as specified under OAC 310:257-15-5, and approved plans as specified under OAC 310:257-15-7;

(3)

If a food service establishment is required under OAC 310:257-15-8 to operate under a HACCP plan, comply with the plan as specified under OAC 310:257-15-5;

(4)

Immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist as specified under OAC 310:257-15-32;

(5)

Allow representatives of the regulatory authority access to the food service establishment as specified under OAC 310:257-15-23;

(6)

Replace existing facilities and equipment specified in OAC 310:257-15-1 with facilities and equipment that comply with this Chapter if: (A) The regulatory authority directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted, (B) The regulatory authority directs the replacement of the facilities and equipment because of a change of ownership, or (C) The facilities and equipment are replaced in the normal course of operation;

(7)

Comply with directives of the regulatory authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the regulatory authority in regard to the license holder's food service establishment or in response to community emergencies;

(8)

Accept notices issued and served by the regulatory authority according to law; and

(9)

Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this Chapter or a directive of the regulatory authority, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives. 157

310:257-15-21. Licenses not transferable

[8-304.20]

A license may not be transferred from one person to another person, from one food service establishment to another, or from one type of operation to another if the food operation changes from the type of operation specified in the application as specified under OAC 310:257-15-15(3) and the change in operation is not approved. 310:257-15-22. Competency of inspectors

[8-402.10]

An authorized representative of the regulatory authority who inspects a food service establishment or conducts plan review for compliance with this Chapter shall have the knowledge, skills, and ability to adequately perform the required duties. 310:257-15-23. Allowed at reasonable times after due notice

[8-402.11]

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 service establishment is in compliance with this Chapter by allowing access to the establishment, allowing inspection, and providing information and records specified in this Chapter and to which the regulatory authority is entitled according to law, during the food service establishments hours of operation and other reasonable times. 310:257-15-24.

Refusal, notification of right to access, and final request for access

[8-402.20]

If a person denies access to the regulatory authority, the regulatory authority shall: (1)

Inform the person that: (A) The license holder is required to allow access to the regulatory authority as specified under OAC 310:257-15-23 of this Chapter, (B) Access is a condition of the acceptance and retention of a food service establishment license to operate as specified under OAC 310:257-15-20(5), and (C) If access is denied, an order issued by the appropriate authority allowing access, hereinafter referred to as an inspection order, may be obtained according to law; and

(2)

Make a final request for access.

158

310:257-15-25. Refusal, reporting

[8-402.30]

If after the regulatory authority presents credentials and provides notice as specified under OAC 310:257-15-23, explains the authority upon which access is requested, and makes a final request for access as specified in OAC 310:257-15-24, the person in charge continues to refuse access, the regulatory authority shall provide details of the denial of access on an inspection report form. 310:257-15-26. Inspection order to gain access

[8-402.40]

If denied access to a food service establishment for an authorized purpose and after complying with OAC 310:257-15-24, the regulatory authority may issue, or apply for the issuance of, an inspection order to gain access as provided in law. 310:257-15-27. Documenting information and observations

[8-403.10]

The Department shall document on an inspection report form: (1)

Administrative information about the food service establishment's legal identity, street and mailing addresses, type of establishment and operation as specified, inspection date, and other information such as type of water supply and sewage disposal, status of the license, and personnel certificates that may be required; and

(2)

Specific factual observations of violative conditions or other deviations from this Chapter that require correction by the license holder including: (A) Failure of the person in charge to demonstrate the knowledge of foodborne illness prevention, application of HACCP principles, and the requirements of this Chapter specified under OAC 310:257-3-2, (B) Failure of food employees to demonstrate their knowledge of their responsibility to report a disease or medical condition as specified under OAC 310:257-3-7, (C) Nonconformance with priority or priority foundation items of this Chapter, (D) Failure of the appropriate food employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the Department as specified under OAC 310:257-15-5, (E) Failure of the person in charge to provide records required by the Department for determining conformance with a HACCP plan as specified under OAC 310:257-15-9(4)(F), and

159

(F)

Nonconformance with critical limits of a HACCP plan.

310:257-15-28. Specifying time frame for corrections

[8-403.20]

The regulatory authority shall specify on the inspection report form the time frame for correction of the violations as specified under OAC 310:257-15-32, OAC 310:257-15-34, and OAC 310:257-15-36. 310:257-15-29.

Issuing report and obtaining acknowledgment of receipt

[8-403.30]

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 license holder or to the person in charge, and request a signed acknowledgment of receipt. 310:257-15-30. Refusal to sign acknowledgment

[8-403.40]

The regulatory authority shall: (1)

Inform a person who declines to sign an acknowledgment of receipt of inspectional findings as specified in OAC 310:257-15-29: (A) An acknowledgment of receipt is not an agreement with findings, (B) Refusal to sign an acknowledgment of receipt will not affect the license holder's obligation to correct the violations noted in the inspection report within the time frames specified, and (C) 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 service establishment; and

(2)

Make a final request that the person in charge sign an acknowledgment receipt of inspectional findings.

310:257-15-31. Public information

[8-403.50]

Except as specified in OAC 310:257-15-10, the regulatory authority shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in law. 310:257-15-32. Ceasing operations and reporting

[8-404.11]

(a) Except as specified in (b) of this Section, a license holder shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard exists because of an emergency such as a fire, flood, sewage backup, no hot water in the facility, insufficient refrigeration and/or hot food storage facilities available, substantial evidence or presence of a large number of insects or evidence of rodents in food or on food preparation 160

surfaces, interruption of safe potable water supply to the facility, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, interruption of electrical service for more than 4 hours, severe structural damage in the facility, an employee working with a Salmonella, Shigella, E. coli 0157:H7 or Hepatitis A infection, gross unsanitary occurrence or condition, or other circumstance as determined by the Commissioner of Health, or his designee, that shall endanger public health. P (b) A license holder need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard. 310:257-15-33. Resumption of operations

[8-404.12]

If operations are discontinued as specified under OAC 310:257-15-32 or otherwise according to law, the license holder shall obtain approval from the regulatory authority before resuming operations. 310:257-15-34.

Timely correction

[8-405.11]

(a) Except as specified in (b) of this Section, a license holder shall at the time of inspection correct a priority or priority foundation violation of this Chapter and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit. Pf (b) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the Department may agree to or specify a longer time frame, not to exceed 10 calendar days after the inspection, for the license holder to correct priority or priority foundation Code violations or HACCP plan deviations. (c) If corrections are not made according to OAC 310:257-15-34(a) and (b), then the facility is subject to enforcement action. 310:257-15-35. Verification and documentation of correction

[8-405.20]

(a) After observing at the time of inspection a correction of a priority or priority foundation violation or deviation, the Department shall enter the violation and information about the corrective action on the inspection report. (b) As specified under OAC 310:257-15-34(b), after receiving notification that the license holder has corrected a priority or priority foundation violation or HACCP plan deviation, or at the end of the specified period of time, the Department shall verify correction of the violation, document the information on an inspection report, and enter the report in the Department’s records.

161

310:257-15-36. Time frame for correction

[8-406.11]

(a) Except as specified in (b) of this Section, the license holder shall correct violations that are nor priority or priority foundation by a date and time agreed to or specified by the Department but no later than 90 calendar days after the inspection. (b) The Department 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 license holder and no health hazard exists or will result from allowing an extended schedule for compliance. (c) If corrections are not made according to OAC 310:257-15-36(a) and (b), then the facility is subject to enforcement action. 310:257-15-37.

Obtaining information: personal history of illness, medical examination, and specimen analysis [8-501.10]

The regulatory authority shall act when it has reasonable cause to believe that a food 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: (1)

Securing a confidential medical history of the employee suspected of transmitting disease or making other investigations as deemed appropriate; and

(2)

Requiring appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected employee and other employees.

310:257-15-38.

Restriction or exclusion of food employee, or summary suspension of license

[8-501.20]

Based on the findings of an investigation related to a food employee who is suspected of being infected or diseased, the regulatory authority may issue an order to the suspected food employee or license holder instituting one or more of the following control measures: (1)

Restricting the food employee;

(2)

Excluding the food employee; or

(3)

Closing the food service establishment by summarily suspending a license to operate in accordance with law.

162

310:257-15-39.

Restriction or exclusion order: warning or hearing not required, information required in order [8-501.30]

Based on the findings of the investigation as specified in OAC 310:257-15-37 and to control disease transmission, the regulatory authority may issue an order of restriction or exclusion to a suspected food employee or the license holder without prior warning, notice of a hearing, or a hearing if the order: (1)

States the reasons for the restriction or exclusion that is ordered;

(2)

States the evidence that the food employee or license holder shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated;

(3)

States that the suspected food employee or the license holder may request an appeal hearing by submitting a timely request as provided in law; and

(4)

Provides the name and address of the regulatory authority representative to whom a request for an appeal hearing may be made.

310:257-15-40.

Release of food employee from restriction or exclusion

[8-501.40]

The Department shall release a food employee from restriction or exclusion consistent with the provisions of 310:257-3-6. 310:257-15-41. Priority items and priority foundation items (a) Priority items. The Department shall treat as a priority item any requirement in the following sections: 310:257-3-4; 310:257-3-5; 310:2573-6; 310:257-3-9; 310:257-3-10; 310:257-3-12; 310:257-5-1; 310:257-5-2(a and b); 310:257-5-3; 310:257-5-4; 310:257-5-5; 310:257-5-6; 310:257-57(a); 310:257-5-8(a)&(b); 310:257-5-9(a through d); 310:257-5-10; 310:2575-11; 310:257-5-12; 310:257-5-14; 310:257-5-18(a)(2); 310:257-5-21(b); 310:257-5-22; 310:257-5-23(a)(1 and 2); 310:257-5-25; 310:257-5-26; 310:257-5-28; 310:257-5-30; 310:257-5-34(a); 310:257-5-41; 310:257-543(a); 310:257-5-44(a); 310:257-5-46(a)(1 through 3), (b)(2); 310:257-547(3); 310:257-5-48.1(1 through 5); 310:257-5-49(a); 310:257-5-52(a through d); 310:257-5-53(1); 310:257-5-57; 310:257-5-59(a) and (b); 310:257-5-61; 310:257-5-62(b)(1, 3, and 4), and (c)(1, 4 and 5); 310:257-564(a), (b)(4), (c), and (d)(2)(B through E); 310:257-5-70 (a through d); 310:257-5-71(1)(B) & (C)(2 through 5); 310:257-7-1; 310:257-7-3; 310:2577-4(a); 310:257-7-5; 310:257-7-7; 310:257-7-12(1)(A) and (2)(A); 310:257-714; 310:257-7-28(5); 310:257-7-35(a); 310:257-7-36; 310:257-7-72; 310:257-7-75; 310:257-7-79; 310:257-7-83(a and c); 310:257-7-92(a); 310:257-7-94; 310:257-7-95; 310:257-9-1; 310:257-9-2; 310:257-9-3; 310:257-9-4; 310:257-9-5; 310:257-9-12; 310:257-9-13(a); 310:257-9-15; 310:257-9-16; 310:257-9-21; 310:257-9-27(a); 310:257-9-29; 310:257-9163

30(1); 310:257-9-31(1); 310:257-9-37(1); 310:257-9-38; 310:257-9-41; 310:257-9-44(a); 310:257-9-47(a); 310:257-9-49; 310:257-9-52; 310:25711-21; 310:257-13-3; 310:257-13-5(1 and 2); 310:257-13-6; 310:257-13-7; 310:257-13-8(a); 310:257-13-9; 310:257-13-10; 310:257-13-11; 310:25713-12; 310:257-13-13; 310:257-13-14(a); 310:257-13-15(b); 310:257-13-16; 310:257-13-17(2); 310:257-13-19; 310:257-15-32(a); and 310:257-17-1. (b) Priority foundation items. The Department shall treat as a priority foundation item any requirement in the following sections: 310:257-3-1; 310:257-3-2; 310:257-3-3; 310:257-3-4(c) and (f); 310:257-3-13; 310:2573-14; 310:257-3-15; 310:257-3-21(a); 310:257-5-2(c through e); 310:257-59(e) and (f); 310:257-5-13; 310:257-5-15(a); 310:257-5-16(a); 310:257-518(a)(1); 310:257-5-20; 310:257-5-21(c); 310:257-5-43(b) and (c); 310:2575-46(d)(2); 310:257-5-48; 310:257-5-48.1(6); 310:257-5-50(a and c); 310:257-5-53(2); 310:257-5-58(a); 310:257-5-60(a through c); 310:257-562(a), (b)(2), (c)(2), and (c)(3); 310:257-5-63; 310:257-5-64(b)(1, 2, 3, 5, and 6); 310:257-5-64(d)(1) and (2)(A, F, G, and H); 310:257-5-64(d)(3 and 4); 310:257-5-64(e)(2, 3, and 4); 310:257-5-67(b)(5); 310:257-5-69; 310:257-715; 310:257-7-16(a)(1); 310:257-7-23; 310:257-7-24; 310:257-7-35(b); 310:257-7-37(e); 310:257-7-40; 310:257-7-41; 310:257-7-42; 310:257-750; 310:257-7-51(a) and (b); 310:257-7-55; 310:257-7-56; 310:257-7-58; 310:257-7-68; 310:257-7-70; 310:257-7-71; 310:257-7-73(a); 310:257-777; 310:257-7-78(b); 310:257-7-82(a); 310:257-9-6; 310:257-9-8; 310:2579-9; 310:257-9-10; 310:257-9-11; 310:257-9-14(a); 310:257-9-18(a); 310:257-9-23; 310:257-9-26; 310:257-9-27(b); 310:257-9-28; 310:257-950; 310:257-11-24; 310:257-11-25; 310:257-11-30; 310:257-11-38; 310:257-11-44; 310:257-11-50(1 through 4); 310:257-11-54(a); 310:25713-1; 310:257-13-2; 310:257-13-4(a); 310:257-13-5(3); 310:257-13-15(a); 310:257-13-17(1); 310:257-15-4; 310:257-15-5(2); 310:257-15-6; 310:25715-9. 310:257-15-12; 310:257-15-34(a). (c) Determining need for re-inspection. In determining if a re-inspection is required, the Department shall count a violation number only once regardless of how many separate violations under the violation number are listed on the inspection sheet. Footnote: Corrections were made to the citations listed in 310:257-15-41 above. Listed below are the corrections. Underlined indicates added. Strikethrough indicates deleted. 310:257-5-8(a)&(b); 310:257-5-46(a)(1 through 3), (b)(2), and (e); 310:257-5-47(3); 310:257-5-64(a), (b)(4), (c), and (d)(2)(C B through E); 310:257-5-70(a through d); 310:257-5-71(1)(B) & (C)(2 through 5); 310:257-15-32(a); 310:257-5-48.1(6); 310:257-5-60(a through c); 310:257-13-17(1); 310:25715-6; 310:257-15-12; 310:257-15-34(a).

164

SUBCHAPTER 17. MOBILE PUSHCARTS, MOBILE FOOD SERVICE ESTABLISHMENTS, AND MOBILE RETAIL FOOD SERVICE ESTABLISHMENTS Section 310:257-17-1. General requirements 310:257-17-2. Mobile pushcarts 310:257-17-3. Mobile food service establishments 310:257-17-4. Mobile retail food service establishments 310:257-17-5. Commissary and servicing area requirements 310:257-17-6. Storage 310:257-17-1. General requirements (a) The provisions of this Subchapter are in addition to the requirements for mobile pushcarts, mobile food service establishments, and mobile retail food service establishments as contained in this Chapter. P (b) Mobile food service establishments and push carts with open foods shall not be allowed to operate without water. P (c) The sink system shall be made of equipment and materials intended for the use of warewashing. The sink system shall be designed and installed so that warewashing of utensils cannot be contaminated by handwashing. P 310:257-17-2. Mobile pushcarts (a) An indoor or outdoor mobile pushcart shall not cook raw meat and poultry foods. (b) An outdoor mobile pushcart is exempt from mechanical refrigeration if it is able to maintain temperatures of 41°F or less as allowed in 310:257-5-28 and 310:257-5-29. (c) An indoor mobile pushcart shall be allowed to sell open Time/Temperature Control for Safety Foods. Each indoor mobile pushcart shall: (1)

Be limited to operating within the confines of an enclosed or protected environment such as an indoor mall, sports arena, convention center, etc;

(2)

Be located within 500 feet of an approved, permanent toilet facility and available during all hours of operation for employees;

(3)

Have a licensed commissary within the confines of facility.

(4)

Perform preparation of fruits and vegetables and all cooking of meats, poultry and seafood from raw in a licensed food service establishment that is not a mobile pushcart, mobile food service establishment, or mobile retail food service establishment; 165

(5)

Have hand washing facilities as required in this Chapter or immediately adjacent with a pushcart; and

(6)

Have mechanical refrigeration and hot holding units as required by this Chapter.

(d) Outdoor mobile pushcarts shall be limited to non-Time/Temperature Control for Safety Foods and condiments (i.e. processed cheese products, onions and sauerkraut), pre-packaged food, or the preparation and serving of precooked frankfurters or sausages including those made of meat and poultry and return daily to a commissary to service the unit as required by this Chapter. Each outdoor mobile pushcart shall: (1)

Be located within 500 feet of an approved, permanent toilet facility and available during all hours of operation for employees;

(2)

Have a licensed commissary;

(3)

Have hand washing facilities as required in this Chapter or immediately adjacent with a pushcart; and Have mechanical refrigeration and hot holding units as required by this Chapter.

(4)

310:257-17-3. Mobile food service establishments (a) A mobile food service establishment shall have wheels and one or more axels, and shall have approval from the Oklahoma Department of Transportation for road travel. (b) A mobile food service establishment shall: (1)

Remain at one physical address for no more than 12 hours; or

(2)

Shall operate and can remain stationary in conjunction with a single event or celebration.

(c) A mobile food service establishment shall return to a commissary daily, except as established in (b)(2) of this section, to dispose of waste water, refill with potable water, and service the mobile unit. The mobile food service establishment is required to remain at the commissary for a time period necessary to adequately service the unit. (d) The name of the business and the Oklahoma State Department of Health license number shall be clearly visible on the outside of the vehicle during hours of operation. (e) A mobile food service establishment that remains less than 4 hours at one location is exempt from the written toilet agreement required under 310:257-9-19.

166

310:257-17-4. Mobile retail food service establishments (a) A mobile retail food service establishment can sell packaged foods prepared by a facility that is in compliance with OAC 310:260 (relating to good manufacturing practices) or food that is prepared in a facility licensed as a food service establishment under this Chapter that is not a mobile pushcart or mobile food service establishment. (b) A mobile retail food service establishment may sell from a stationary table, such as at an event or farmers market. (c) A mobile retail food service establishment shall sell foods at one physical address for no more than 12 hours. (d) The mobile retail food service establishment shall have no personal property or hazardous items in the same compartment in which the food is transported or stored. (e) The name of the business and the Oklahoma State Department of Health license number shall be clearly visible on the outside of the mobile retail food service establishment during hours of operation. (f) A mobile retail food service establishment that remains less than 4 hours at one location are exempt from the written toilet agreement required under 310:257-9-19. 310:257-17-5. Commissary and servicing area requirements (a) The commissary shall have a location available for flushing and draining liquid waste separate from fresh water supply, and be able to dispose of water in a manner that properly collects grease laden waste water. (b) The commissary shall have the ability to properly store back stock of food and single service articles separate from personal items. (c) Commissaries shall be licensed food service establishments if used for food production for sale from a mobile food service establishment or mobile pushcart. (d) Mobile pushcarts and mobile food establishments shall return daily to a commissary for servicing and cleaning, if not associated with an event or celebration. (e) The approved service area shall maintain safe and sanitary operations for supplies, cleaning, and servicing of the units operations. 310:257-17-6. Storage Single service articles and food for mobile food service establishments and pushcarts shall be stored as specified under 310:257-5-37(a) and 310:257-5-8. 167

168

Index Bare hand contact avoid contact ......................................... 49 minimize contact ................................... 49 Boil, lesion removing restriction .............................. 31 reportable symptom .............................. 24 restrict ................................................... 27 Bulk food labeling requirements ............................ 75 Calibration, thermometer ........................ 102 Can openers design requirements .............................. 85 vending machines.................................. 89 Carpet design requirements ............................ 130 restrictions & installation .................... 131 Case lot handling equipment food storage ........................................... 55 moveability ........................................... 93 Cast iron, use limitation ............................ 82 Ceasing operations .......................... 160, 161 Ceilings 50% light reflectant ............................. 130 attachments ......................................... 132 coverings & coatings........................... 132 easily cleanable ........................... 130, 131 nonabsorbent ....................................... 130 smooth, durable ................................... 130 Ceramics, lead free requirement ............... 82 Chemicals boiler water additive ........................... 145 fruits & vegetables, wash .................... 145 sanitizer, use requirements .......... 100, 101 sanitizers, CFR requirements .............. 145 Chlorine solution, sanitizer ..................... 101 CIP equipment .......................................... 85 Cleanability floors, walls, ceilings .................. 130, 131 food contact surfaces, equipment .... 82, 85 nonfood contract surfaces ..................... 84

Access for inspection ...................................... 158 refusal .................................................. 158 right of ................................................. 158 Acidity................................................ See pH Actively cooled ................................... 65, 66 Additive food ....................................................... 44 unapproved food or color ...................... 51 Adulterated ................................................ 76 Air curtains.............................................. 134 Air drying equipment & utensils .......................... 110 wiping cloths, location ........................ 110 Air gap .................. See Backflow prevention Alkalinity ........................................... See pH Animal foods, raw consumer advisory .......................... 75, 76 cooking requirements ...................... 58–60 disclosure & reminder ........................... 76 highly susceptible customers .......... 77–78 microwave cooking ............................... 60 non-continuous cooking ........................ 61 seperate from other foods...................... 50 undercooked .......................................... 75 Animals handling by employees ......................... 37 patrol dogs ........................................... 140 prohibited ............................................ 140 service animals, area allowed ............. 141 wild game .............................................. 43 Antislip floor covering ............................ 131 Application, license form of submission ............................. 155 Attachments, walls & ceilings ................ 132 Backflow prevention air gap.................................................. 117 carbonator ........................................... 118 copper, use limitation ............................ 82 design standard.................................... 117 Backsiphonage ........................................ 117

169

Diarrhea exclude or restrict .................................. 26 remove exclusions ........................... 27–33 reportable symptom .............................. 24 Dipper wells ................. See Utensils, storage Dispensing equipment ......................... 87, 88 Display tanks,shellfish .............................. 89 Display, food ............................................. 56 Disposition, discard requirements .............. 68 Distressed merchandise segregation & location ........................ 137 Dogs in food establishments ..... See Animals Doors air curtains ........................................... 134 outer, self-closing ................................ 133 requirements if not self-closing .......... 134 toilet room, self-closing ...................... 133 Drainboards capacity ................................................. 95 cleaning frequency ................................ 98 warewashing ......................................... 92 Dressing rooms, employees ............ 137, 139 Drinking water approved source .................................. 114 bottled ................................................. 115 quality standards ................................. 115 system flushing ................................... 115 Drinking, employees closed container .................................... 36 designated areas .................................... 36 Drying agents .......................................... 145 E. coli (Escherichia coli) adjust, restrict, or retain exclusion ........ 29 exclude or restrict .................................. 27 reinstate food employee ........................ 31 removing exclusion or restriction ......... 31 reportable diagnosis .............................. 24 Eating, designated areas ............................ 36 Eggs approved source .................................... 45 cooking requirements ...................... 58, 60 pasteurized ............................................ 51 receiving, temperature........................... 44 refrigerated temperature .................. 65, 66 Embargo .................................................... 76

Cleaning dry cleaning......................................... 105 equipment & utensils ...................... 102–7 physical facilities ................................ 138 wet cleaning ........................................ 106 Cleaning agents for warewashing equipment .................. 99 Clothes, washers & dryers ........................ 95 Clothing, clean .......................................... 36 Cold holding equipment, sufficient............................. 93 temperature requirement ....................... 66 Comminuted, cooking ............................... 58 Compliance & enforcement .............. 150–64 Consumer advisory ............................. 75, 76 Cooking fruits and vegetables ............................. 60 microwave ............................................. 60 non-continuous, raw animal .................. 61 raw animal foods ............................. 58–61 time and temperatures ..................... 58–61 Cooling equipment, sufficient............................. 93 Copper, use limitations ............................. 82 Cross contamination hand washing to prevent ....................... 35 prevention ....................................... 50–51 protect by separation ............................. 50 Cross-connection, prohibited .................. 119 Customer's container, refilling .................. 55 Cutting boards ........................................... 83 Cutting surfaces material, wood....................................... 83 Data plate, warewashing machines ........... 91 Date marking....................................... 66–68 Definitions alphabetically .................................... 1–19 Demonstration of knowledge person in charge .................................... 22 Detergent alarm required ....................................... 92 automatic dispenser required ................ 91 sanitizer ......................................... 95, 101 sanitizer, rinsing .................................. 107 sprayers ................................................. 94

170

Food frozen .................................................... 64 hermetically sealed container ................ 42 honestly presented ................................. 74 protection, misc. sources ....................... 57 receiving temperature............................ 44 reservice prohibited ............................... 57 slacking ................................................. 64 standard of identity ............................... 74 tasting methods ..................................... 50 Food contact, only clean equipment & utensils ................... 53 single service/use articles ...................... 53 Food display ...................... See Display, food Food separation ................................... 50–51 Food source approved source .................................... 40 beef steak, whole muscle ...................... 41 eggs ................................................. 44, 45 fish, raw ................................................. 41 game animals .................................. 43–44 home preparation prohibited ................. 41 milk & milk products ...................... 42, 45 shellfish ........................................... 42, 46 wild mushrooms .................................... 42 Food-contact surfaces lubricants ............................................. 110 Freezing fish, parasite destruction ............ 62 Fruit cooking .................................................. 60 washing ................................................. 52 Galvanized metal, use limitation............... 83 Game animals approved source .............................. 43–44 cooking requirements ............................ 58 Gloves cloth, use limitation............................... 54 single-use .............................................. 54 slash-resistant ........................................ 54 Grease traps ............................................. 123 HACCP plan contents ............................................... 153 when required...................................... 153 Hair restraints ............................................ 37 Hand antiseptics .................................. 35–36

Employee, conditional reporting responsbility .......................... 25 when prohibited from work .................. 25 Employee, food comply with exclusion .......................... 25 designated areas ............................ 36, 137 handwashing procedures ....................... 33 reportable illnesses E. coli (Escherichia coli) ................... 24 Hepatitis A ........................................ 24 Norovirus .......................................... 24 Salmonella species ............................ 24 Shigella species ................................. 24 reporting responsibility ......................... 25 sneezing, coughing, runny nose ............ 37 Enforcement ...................................... 150–64 Equipment & utensils air drying ............................................. 110 certification & classification ................. 93 cleaning requirements ..................... 102–7 cutting boards, surfaces ......................... 98 design requirements ........................ 84–88 dollies, pallets-moveability ................... 93 good repair ............................................ 98 microwave ovens .................................. 98 rinse requirements ............................... 112 sufficient number & capacity ................ 93 warewashing, cleaning frequency ......... 98 Equipment, fixed ....................................... 97 Exclusions, restrictions conditions ........................................ 26–27 removal ........................................... 27–33 Fingernails maintained ............................................. 36 polish ..................................................... 36 First aid supplies ..................................... 147 Fish approved source .................................... 42 parasite destruction ............................... 62 record keeping....................................... 62 Floor & wall junctures ............................ 131 Floors carpeting.............................................. 131 design & construction ................. 130, 131 prohibited materials ............................ 139

171

Inspection report correction time frame .......................... 160 included information ........................... 159 provided to license holder ................... 160 public information ............................... 160 Iodine solution, sanitizer ......................... 101 Jaundice exclude .................................................. 26 removing exclusion ............................... 29 reportable symptom .............................. 24 Jewelry ...................................................... 36 Juice highly susceptible population, service .. 77 packaged in establishment .................... 63 pre-packaged ......................................... 47 Kick plates ................................................ 86 Kitchenware consumer self-service.......................... 112 contamination prevention.................... 111 handle, display .................................... 111 Labeling bulk food ......................................... 51, 75 food ................................................. 74, 75 packaged food ....................................... 41 poisonous or toxic material ................. 143 Laundry facilities, use ............................. 110 Lead, use limitations ........................... 82, 83 License application contents ............................ 155 application, form of submission.......... 155 change of owner .................................. 156 denial ................................................... 156 not transferable.................................... 158 renewal ................................................ 156 License holder ceasing operations ....................... 160, 161 qualification. ....................................... 155 responsibilities .................................... 157 resuming operatings ............................ 161 Light bulbs, protective shielding .................. 132 intensity (foot candles) ........................ 136

Handwashing hand antiseptics ..................................... 35 how to wash .......................................... 33 required ................................................. 49 when to wash......................................... 34 where to wash ....................................... 35 Handwashing facilities accessible ............................................ 119 automatic ............................................. 118 clean & maintained ............................. 139 conveniently located ........................... 137 lavatory installation............................. 117 location and placement ....................... 119 minimum number ................................ 135 numbers and capacities ....................... 117 signage required .................................. 136 soap required ....................................... 135 sole use ................................................ 119 towels required .................................... 135 water temperature................................ 117 Hepatitis A exclude .................................................. 26 reinstate food employee .................. 32, 33 removing exclusions ....................... 27, 29 reportable diagnosis .............................. 24 Highly susceptible customers ............. 77–78 juice ....................................................... 77 pasteurized shell eggs ........................... 77 raw & undercooked prohibited ............. 77 Hot holding equipment, sufficient............................. 93 temperature requirement ....................... 66 Hot oil filtering equipment........................ 85 Hygienic practices, employees eating, drinking & smoking .................. 36 hair restraints ......................................... 37 Ice cooling ingredient ................................. 66 direct contact prohibited ....................... 52 source requirement ................................ 45 water bath .............................................. 66 Immediate service temperature ........................................... 63 Imminent health hazard................... 160, 161 Insect control devices .............................. 133

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Outdoor areas driving surfaces ................................... 134 enclosure for refuse, construction ....... 124 exterior surfaces .................................. 131 overhead protection ............................. 134 storage surface for refuse .................... 124 Outer openings, protected ............... 133, 134 Oysters, consumer advisory ...................... 76 Packaged food labeling ...................................... 41, 74, 75 Packaging reduced oxygen ............................... 71–74 Parasite destruction, fish ........................... 62 Pasteurized products approved source .................................... 45 egg substitute ........................................ 51 juice ....................................................... 47 Person in charge demonstration of knowledge ................. 22 duties ............................................... 22–23 exclude or restrict conditions .......... 26–27 exclusions, restrictions removal ...... 27–33 notify authority...................................... 25 require reporting by employees ............ 24 required ................................................. 21 Pest control barrier .................................................. 134 device installation ............................... 133 methods ............................................... 139 outer openings protected ..................... 133 removing dead pests ............................ 140 Pesticide restricted use ....................................... 146 rodent bait stations .............................. 146 tracking powder .................................. 146 use requirements ................................. 144 Pewter alloys, use limitation ..................... 83 pH packaged food ....................................... 71 sanitizing methods .............................. 109 sanitizing solutions.............................. 101 Physical facilities cleaning frequency .............................. 138 exterior surfaces .................................. 131 maintained, good repair ...................... 138

Linens air drying ............................................. 110 clean .................................................... 109 mechanical washing ............................ 109 storage soiled ...................................... 109 Linens and napkins use limitations ....................................... 53 Living/sleeping quarters, separation ....... 135 Lockers, employees................................. 137 Lubricants ......................................... 88, 146 Materials, requirements food-contact surfaces ...................... 81, 84 nonfood-contact surfaces ...................... 84 Mats & duckboards ................................. 132 Meat consumer advisory ................................ 75 self-service restriction ........................... 57 storage ................................................... 50 Medicines, storage .......................... 146, 147 Microwave ovens ...................................... 98 cooking.................................................. 60 reheating................................................ 63 Milk approved source .................................... 42 dispensing tube, design ....................... 102 pasteurized requirement ........................ 45 Mobile commissary & servicing area .............. 167 exterior surfaces .................................. 131 food service establishment .................. 166 pushcart ............................................... 165 retail food service establishment ......... 167 storage ................................................. 167 Molluscan shellfish approved source .................................... 42 Mop water disposal ................................. 118 Nondrinking water .................................. 115 Nonfood contact surfaces .................... 84, 85 Nonstick coatings, use limitation .............. 84 Norovirus adjust, restrict or retain exclusion ......... 28 exclude or restrict .................................. 26 reinstate food employee ........................ 32 removing exclusion or restriction ......... 29 reportable diagnosis .............................. 24

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Refuse, recyclables, returnables ........ 124–28 area maintained ................................... 127 area separate from food ....................... 126 outdoor storage surface ....................... 124 removal frequency .............................. 127 Regulatory authority competency of inspectors .................... 158 license suspension ............................... 162 obtaining employee medical ............... 162 release restriction or exclusion............ 163 responsibilities .................................... 156 restrict or exclude employee ............... 162 Reheating by microwave ........................................ 63 for hot holding....................................... 63 roast beef, oven ..................................... 63 Reinspection determination ...................................... 164 Restroom ............................ See Toilet rooms Returnables refill customer’s container .................... 55 refills, prohibitions ................................ 55 Returned food............................................ 57 Rinsing procedures.......................... 106, 107 Rodent bait stations ................................. 146 Salmonella species exclude .................................................. 26 reinstate food employee ........................ 32 removing exclusion ............................... 27 removing exclusions ............................. 29 reportable diagnosis .............................. 24 Sanitizer alarm required ....................................... 92 automatic dispenser required ................ 91 criteria ................................................. 145 detergent .............................................. 101 test kit required ..................................... 96 types & concentrations ................ 100, 101 Self-service consumer, food guards .......................... 56 consumer, operations ............................ 57 Service sink number and location ............................ 118 required ............................................... 137 restrictions ........................................... 118

Plans & specifications contents ....................................... 152, 153 when required...................................... 152 Plumbing system ............................... 116–20 air gap.................................................. 117 approved materials .............................. 116 backflow prevention............................ 118 design & installation ........................... 117 handwashing facilities ......................... 117 maintained, good repair ...................... 120 Poisonous materials ....... See Toxic materials Potentially hazardous .................................... See Time/Temperature Control for Safety Premises, maintained .............................. 140 Pressure measuring devices ...................... 86 Preventing contamination bare hand contact .................................. 49 food storage ........................................... 50 handwashing ......................................... 49 utensil for tasting................................... 50 Private home food operations prohibited .................. 135 Pushcarts minimum water capacity ..................... 115 servicing & cleaning ........................... 138 shielded on 3 sides ................................ 56 Quaternary ammonium, sanitizer ............ 101 Ratites ................................................. 13, 58 Ready-to-eat food avoid bare hand contact ........................ 49 Receptacles at handwashing sinks .......................... 125 cleaning ............................................... 127 construction ......................................... 125 covered ................................................ 127 drain plugs ........................................... 127 inaccessible to insects & rodents 125, 126 maintained. .......................................... 126 no public health hazard ....................... 126 outside, lids ......................................... 125 use as originally designed ................... 125 where outside storage prohibited. ....... 126 Reduced oxygen packaging ................ 71–74 Refills ................................... See Returnables

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Tableware consumer self-service.......................... 112 contamination prevention.................... 111 handle, display .................................... 111 preset ................................................... 112 refills, use limitation ....................... 54, 55 soiled, removal .................................... 112 Tasting, approved method ......................... 50 Temperature measuring devices accuracy requirement ............................ 86 ambient air & water .............................. 86 design, easily readable .......................... 90 glass stem restriction ............................. 84 holding equipment ................................ 90 location, storage unit ............................. 90 manual warewashing ............................. 96 probe, small diameter ............................ 96 thin mass food ....................................... 96 warewashing machines ......................... 90 Test kit, sanitizer ....................................... 96 Thermometer ..... See Temperature measuring devices Time/Temperature Control for Safety does not mean ................................. 18–19 means .............................................. 17–18 Toilet rooms conveniently located ........................... 137 door, self-closing................................. 133 doors, kept closed................................ 139 receptacles, covered ............................ 126 signage required .................................. 136 soap, disposable towels ....................... 135 toilet tissue, required ........................... 136 Toilets and urinals number required .................................. 118 Toxic materials conditions of use, restrictions ..... 144, 145 containers, common name .................. 143 for retail sale ....................................... 147 sanitizers, criteria ................................ 145 stored seperately.......................... 143, 145 Trash ............................................ See Refuse Unnecessary items .................................. 140 Unnecessary persons ................................. 22

Sewage approved disposal facility ................... 124 conveying (disposal) ........................... 124 Shellfish, shellstock consumer advisory ................................ 75 identification ................................... 46, 47 maintaining identification ..................... 48 original container .................................. 47 packaging & identification.................... 45 received condition ................................. 47 source .................................................... 42 Shells, use limitations ............................. 102 Shigella adjust, restrict or retain exclusion ......... 28 exclude or restrict .................................. 26 reinstate food employee ........................ 32 removing exclusion or restriction ......... 30 reportable diagnosis .............................. 24 Single-service & single-use articles dispenser ............................................. 111 storage ......................................... 110, 111 when use required ............................... 102 Sinks 2-compartment, restrictions .................. 94 compartment requirements.................... 94 warewashing, use limitation.................. 99 Smoking, designated areas ........................ 36 Sneeze guards............................................ 56 Solder & flux, use limitation..................... 83 Sore throat with fever exclude or restrict .................................. 27 removing exclusion or restriction ......... 31 reportable symptom .............................. 24 Sponges, use limitation ............................. 83 Storage clean equipment & utensils ................. 110 food, location limitation .................. 55, 96 linens ............................................. 96, 110 maintenance tools................................ 140 prohibitions ......................................... 111 Symptoms, reportable Diarrhea................................................. 24 Jaundice................................................. 24 Sore throat w/ fever ............................... 24 Vomiting ............................................... 24

175

Warewashing, manual - continued chemical sanitizer................................ 100 detergent sanitizer ............................... 101 rinsing procedures ............................... 106 sanitizing, hot water .............. 91, 100, 108 sink exemption ...................................... 95 water temperature.................................. 99 Warewashing, mechanical automatic detergent dispensers ............. 91 automatic sanitizer dispensers............... 91 chemical sanitizer........................ 100, 108 data plate ............................................... 91 detergent, alarm required ...................... 92 hot water sanitizer ....................... 100, 108 internal baffles ...................................... 91 machines, requirements................... 91–92 operating instructions ............................ 99 pressure ......................................... 92, 100 rinsing procedures ............................... 106 sanitizer alarm required......................... 92 temperature measuring devices ............. 91 water temperature.................................. 99 Washer or dryer location .................................................. 97 on premises ........................................... 95 use limitations ..................................... 110 Washing, fruits & vegetables .................... 52 Water alternative supply ................................ 116 conditioning device ............................. 119 hot, sufficient ...................................... 116 source .......................................... 114, 116 sufficient capacity ............................... 115 under pressure, required ...................... 116 Wild mushrooms approved source .................................... 42 Wiping cloths laundring requirements ....................... 109 sanitizer, storage ................................... 54 use limitations ....................................... 53 Wood approved uses ........................................ 83 use limitation......................................... 83

Utensils consumer self service ............................ 95 storage ................................................... 53 Utility service lines ................................. 131 V threads, use limitation ................... 85, 121 Variance request process .................... 150, 151, 152 Vegetables cooking.................................................. 60 washing ................................................. 52 Vending machines automatic shutoff .................................. 89 doors and openings ............................... 93 liquid waste ........................................... 92 refuse receptacle, limitation ................ 125 self-closing door.................................... 88 time/temp control for safety food ......... 56 Ventilation hood systems adequacy ............................................... 95 drip prevention ...................................... 86 filters ..................................................... 86 Ventilation, mechanical .......................... 137 Violations correction time & verification....... 161–62 Vomiting exclude or restrict .................................. 26 remove exclusions ........................... 27–33 reportable symptom .............................. 24 Walls 50% light reflectant ............................. 130 attachments ......................................... 132 cleanability .......................................... 130 coverings & coatings........................... 132 design, construction, installation ... 130, 131 studs, joists, rafters .............................. 132 Warewashing, equipment cleaning frequency ................................ 98 handwashing prohibited ........................ 99 self-draining .......................................... 92 use requirements ................................... 99 Warewashing, manual 2 compartment sink prohibited ............. 95 alternative equipment ............................ 94

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(Published in the South County Leader, City of Bixby, Tulsa County, Oklahoma April19, 2012.) ORDINANCE NO. 2078 AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF BIXBY, OKLAHOMA, TITLE 4, TITLED "HEALTH AND SAFETY"; AMENDING CHAPTER 2, TITLED "FOOD CODE"; REPEALING THE CURRENT FOOD CODE, CHAPTER 2, SECTION 4-2-1; ENACTING AN NEW SECTION 4-2-1 TO ADOPT RULES AND REGULATIONS PROMULGATED BY THE OKLAHOMA STATE DEPARTMENT OF HEALTH, OKLAHOMA ADMINISTRATIVE CODE (OAC) TITLE 310, CHAPTER 257, TITLED "FOOD SERVICE ESTABLISHMENTS" BY REFERENCE AS THE "FOOD CODE" OF THE CITY OF BIXBY; ESTABLISHING STANDARDS FOR THE MANAGEMENT OF FOOD PERSONNEL, OPERATIONS, EQUIPMENT AND FACILITIES IN THE CITY OF BIXBY; ENACTING A NEW SECTION 4-2-2 TITLED "ADDENDUM TO FOOD CODE; CITY-COUNTY-SPECIFIC LICENSING, PERMITTING, COMPLIANCE AND ENFORCEMENT REQUIREMENTS"; PROVIDING THAT THE OPERATIVE DATE OF THIS ORDINANCE SHALL BE MAY 1, 2012; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BIXBY, OKLAHOMA: Section 1. That Title 4, Bixby City Code, Chapter 2, Section 4-2-1 be and the same is hereby specially repealed. Section 2. That Title 4, Bixby City Code, Chapter 2, be and the same is hereby amended by enacting new Sections 4-2-1 and 4-2-2 to read as follows : "4-2-1: FOOD CODE ADOPTED: A certain document, three (3) copies of which are on file in the office of the City Clerk, being marked and designated as Title 310, Oklahoma State Department of Health, Chapter 257, Food Service Establishments (OAC 31 0:257), as published in the Oklahoma Administrative Code (OAC) and as amended, revised and supplemented by the Tulsa City-County Health Department (TCCHD) is hereby adopted by the City of Bixby, Oklahoma, to set standards for the management of food personnel, operations, equipment and facilities in the City of Bixby. Each and all of the terms, conditions, regulations and provisions of OAC 310:257 published by the Oklahoma State Department of Health, as amended, on file in the office of the City Clerk of the City of Bixby are hereby referred to, adopted and made a part of the Bixby City Code, as if fully set out in this Chapter, with its amendments, as prescribed in Section 4-2-2 of this Chapter and, as used in this Chapter, may be referred to as the "Food Code".

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20120401 FINAL 4-2-1 Food Code

4-2-2: ADDENDUM TO FOOD CODE; CITY-COUNTY-SPECIFIC LICENSING, PERMITTING, COMPLIANCE AND ENFORCEMENT REQUIREMENTS: This section enacts as an addendum to Oklahoma Administrative Code, Title 310, Oklahoma State Department of Health, Chapter 257, Food Service Establishments (OAC 31 0:257),

the following provisions which were adopted by the Tulsa City-County Health Department and are hereby incorporated into the Food Code ofthe City of Bixby: A.

Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Code" shall mean 310:257 of the Food Service Establishment Regulations of the Oklahoma State Department of Health. "Department" shall mean the duly-appointed representative of the Tulsa City-County Health

Department. "Director" shall mean the Director of the Tulsa City-County Health Department or the Director's designated representative. "Chief Operating Officer" hereinafter shall mean the Chief Operating Officer of the Tulsa City-

County Health Department or such person's designated representative. B.

Establishment Licenses

Food Service Establishments, as defined in 310:257-1-1 of the Code, operating in the City shall not operate without valid City and State food establishment license. It shall be unlawful and a misdemeanor offense for any person to operate a Food Service Establishment in the City without a valid City and State food establishment license. 1.

License requirements:

a.

City license requirements are outlined in subsections 4-2-2.B.1 through 4-2-2.B.7 of this section.

b.

State license requirements are outlined in section 310:257-15-12, 13, & 14 ofthe Food Service Establishment Regulations of the Oklahoma State Department of Health.

2. Affidavit Required. At the time of application to the Department, an individual owner of a food service establishment must submit an affidavit stating legal status in the country.

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20120401 FINAL 4-2-1 Food Code

3.

Issuance of License. The City shall issue a food establishment license when:

a.

Applicant submits Department original and unaltered application for the license, and

b.

Pays applicable fee in subsections 4-2-2.8.5 or 4-2-2.8.7 of this section.

4.

Effective Dates and Renewal of City Food License.

a.

The food establishment license shall expire on the last day of June each year except for seasonal food service establishments as provided for in subsection 4-2-2.8.4.c of this section.

b.

Renewal applications shall be presented by the Department on or before the first day of July each year except for seasonal food service establishments provided for in subsection 4-2-2.8.4.c of this section. Applicant must meet requirements in subsection 4-2-2.8.3 of this section.

c.

The license for seasonal food service establishments shall expire one hundred eighty (180) days from the date of its issuance per year unless canceled or revoked prior to its expiration.

5.

City Food License Fees.

a.

A processing fee of $5.00 shall be collected for the initial application only. No processing fee shall be collected for renewal of any license.

b.

The full and non-prorated fee for food service establishment licenses, including food processing plants, is $145.00.

c.

The prorated license fee shall be one-half (~) of the amount set out above if application is made during the period between January first and June thirtieth; otherwise the full and non-prorated fee shall be made. Seasonal food service establishment license fees shall not be prorated.

d.

Fees paid directly to and collected by the Tulsa City-County Health Department shall be retained by the Tulsa City-County Health Department. All fees relating to food establishments that are paid directly to the City shall have 70% of said fee remitted to the Tulsa City-County Health Department.

e.

Penalty fees shall be assessed as follows:

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(1) New establishments. If an application is not presented to the City and the license fee paid within thirty (30) days after application is issued by the Department, a penalty of fifty percent (50%) of the fee shall be paid in addition to the license fee. (2) Existing establishments. If a renewal application is presented to the City and the license fee is paid after the first day of August, a penalty of fifty percent (50%) of the fee shall be paid in addition to the license fee. 6.

The following establishments shall be fee exempt:

a.

Schools with food operations run by school staff. Private companies operating food service establishments within a school must pay the license fee.

b.

Religious and charitable organizations with food operations run by volunteer staff.

c.

Non-profit concession stands operating seasonally with volunteer staff.

7. The Department shall collect fees and issue the license for the following food service operations as outlined. a.

Water vending machines that meet applicable requirements of this Code: (1) Shall be charged an application, inspection and license fee of $25.00 per each machine per year. (2) Shall expire on the last day of June each year after which license holder must make application and pay fee in subsection 4-2-2.B.7.a (1) above for a renewal license. (3) The prorated license fee shall be one-half ('h) of the amount set out above if application is made during the period between January first and June thirtieth; otherwise the full and non-prorated fee shall be made. (4) Penalty fees shall apply under subsection 4-2-2.B.5 .e of this section except that the Department shall collect fees and issue license.

b.

Temporary food establishments: (1) Shall be charged an application, inspection and license fee of $25.00 plus $5.00 per each day in excess of (3) days. - 4-

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(2) Shall expire at the end of the event, grand opening, fair, etc. for which it was issued, unless canceled or revoked prior to its expiration. C.

Certified Food Protection Manager 1.

Required

a.

Except as provided in subsection 4-2-2.C.6 of this section, it shall be unlawful and a misdemeanor offense for any person owning, operating, or managing any food establishment within the City to fail to employ at least one (1) certified food protection manager. Such person shall be in a supervisory position at said establishment and (1) have a valid and current certificate, which satisfies the requirements of subsection 4-2-2.C.2 ofthis section. (2) The certified manager must be an active employee of the licensed establishment who is present a majority of the operating hours and who has the responsibility of directly observing, supervising, and training food establishment personnel in proper food and equipment handling, sanitation, and personal hygiene. (3) In the event the certified manager is temporarily absent, the person in charge shall conform to section 310:257-3-2 ofthe Code.

b.

The Department may require additional certified managers in sufficient numbers to ensure all food preparation and service is performed under the direction of certified supervisory personnel. It shall be unlawful and a misdemeanor offense for any person owning, operating, or managing a food establishment to allow the food establishment to be operated with less than the required number of certified managers.

c.

Whenever the person holding the Food Protection Manager Certification terminates employment or is terminated or transferred to another food establishment, the person owning, operating, or managing the food establishment shall be allowed thirty (30) days from the date of termination or transfer of the certificate holder to comply with subsection 4-2-2.C.1.a of this section. The Department may grant an extension of time in the event instruction and testing is not available within the thirty (30) day period.

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2.

Issuance, Expiration and Renewal.

a.

The Department shall issue a Food Protection Manager Certificate when the applicant: ( 1)

Provides documentation of successfully passing an accredited test.

(2)

Submits an affidavit stating legal status in the country, and

(3)

Pays the applicable certification fee at the time application is made.

b.

The certification shall expire three (3) years from the issuance; after which the certification must be renewed.

c.

Renewal requirements shall not be in excess of the initial certification outlined in subsection 4-2-2.C.2.a of this section.

3.

Certification Fees.

a.

The fee for obtaining a Food Protection Manager Certificate from the Department shall be $15.00, and the fee is non-refundable.

b.

The same fee of$15.00 will apply for all renewals ofthe certificate.

c.

The fee for obtaining a duplicate of a non-expired and non-revoked Food Protection Manager Certificate shall be $5.00.

4. Proof of Certification. Each certified food protection manager shall display the certificate in a prominent location in the establishment. 5. Certification Non-Transferable. A Food Protection Manager Certificate is not transferable from one person to another person. A certified manager may not act in said capacity in more than one establishment or location at the same time. Unofficial copies of the certificate are not recognized by the Department. 6.

Exemption from Requirements:

a.

Food establishments that serve, sell, or distribute only prepackaged food

b.

Food establishments that do not serve, sell, or distribute foods that are Time/Temperature Control for Safety (TCS) foods.

c.

Temporary food establishments, special facilities, and/or events.

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D.

Food Employee Permits 1.

Permit Required.

a.

It shall be unlawful and a misdemeanor offense for any person to operate a food service establishment in the City to employ staff to serve food, prepare food, or handle food utensils without ensuring that they possess a current and unrevoked permit issued by the Department.

b.

It shall be unlawful and a misdemeanor offense for any person to serve, prepare food, or handle food utensils in a food service establishment, who cannot immediately exhibit a current and unrevoked permit issued by the Department.

c.

Exemptions from requirements. Food service establishments and employees of food service establishments outlined below are exempt from this requirement: (1)

Food establishments that serve, sell, or distribute only prepackaged food .

(2)

Temporary food establishments, special facilities, and/or events.

d.

Affidavit Required. At the time of application to the Department, applicant for permits in subsection 4-2-2.D.3 of this section must submit an affidavit stating legal status in the country.

2.

Permit Fees.

a.

The fee for obtaining a permit from the Department outlined m subsection 4-2-2.D.3.a, b, c, or d of this section shall be $13.00.

b.

The same fee of $13.00 will apply for all renewals of the permit.

c.

The fee for obtaining a duplicate of a non-expired and non-revoked permit shall be $5.00.

3.

Permit Types and Requirements.

a.

Food Employee Permit: ( 1) Is issued by the Department when applicant attends a training course regarding the practice of sanitary food preparation, food service, and personal hygiene, and passes course test.

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(2) Applicant must pay the permit fee in subsection 4-2-2.D.2.a of this section at the time application is made. (3) Applicant may waive the training course in subsection 4-2-2.D.3.a (1) of this section and demonstrate knowledge by passing a Department test. (4) Allows the permit holder work in licensed food service establishment with unpackaged food, food equipment or utensils, or food-contact surfaces. This permit may also be used to satisfy the requirements of any of the permit types outlined in subsection 4-2-2.D.3.b through subsection 4-2-2.D.3.f of this section. b.

Temporary Food Employee Permit: Is issued by the Department when the applicant pays fee in subsection (1) 4-2-2.D.2.a of this section. (2) Allows the permit holder to work only temporarily in a food service establishment.

c.

Food Service Support StaffPermit: Is issued by the Department when an applicant attends a course of (1) instruction outlined in subsection 4-2-2.D.3.a (1) of this section, but does not pass the course test. (2) Applicant must pay fee outlined in subsection 4-2-2.D.2.a of this section at the time application is made. (3) Allows the permit holder to work in a licensed food service establishment with the following restrictions: (i) Food Service Support Staff may work only under the direct supervision of a certified manager or a job coach, and (ii)

d.

Only in food activities that do not pose a potential health threat.

Manufacturing Worker Permit: Is issued by the Department when the applicant attends approved training (1) that is provided by a licensed manufacturing facility regarding the type of food processing duties performed in the facility and passes Department test. (2)

Applicant must pay fee required in subsection 4-2-2.D.2.a of this section.

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(3) Allows the permit holder to work only m the facility where they successfully completed the training. e.

Community Service Worker Permit: (1) Is issued by the Department when the applicant attends a course of instruction and passes the test as outlined as in subsection 4-2-2.D.3.a (1) of this section. (2)

Applicant is not required to pay a fee for the training or permit.

(3) Allows permit holder to volunteer work for a licensed non-profit organization having year-round full-service food preparation. f.

Seasonal Volunteer Permit: (1) Is issued when an applicant attends a one-hour course of instruction provided by the Department. (2)

Applicant is not required to pay a fee for the training or permit.

(3) Allows permit holder to volunteer at non-profit seasonally-operated establishments (such as sports and school concession stands, religious organizations, school home room, etc.) that have limited food preparation. 4. Permits Non Transferable and Fee Non Refundable. Any permit issued as outlined in subsection 4-2-2.D.3 of this section is not transferable from one person to another person. Any fee paid to attend the course of instruction taught by the Department is nonrefundable. Unofficial copies of permits are not recognized by the Department. 5.

Expiration and Renewal.

a.

Permits in subsection 4-2-2.D.3 of this section shall expire three (3) years from date of issuance by the Department, except: (1) Temporary Food Employee Permit shall expire one (1) week from the date of issuance or the next available date of a course of instruction or testing date. Expiration date will be on the permit. (2) Seasonal Volunteer Permit shall expire one (1) year from the date of issuance.

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b.

Permits in subsection 4-2-2.0.3 of this section are not renewable. After expiration of permit, holder must meet requirements in one of the items in subsection 4-2-2.D.3 of this section, except: Only one (1) Temporary Food Employee Permit may be issued to an applicant, after which they must complete the requirements in subsection 4-2-2.D.3.a of this section before working in a licensed food service establishment.

E.

Tulsa Food Advisory Council

1. Creation of Advisory Council. There is hereby created the Tulsa Food Advisory Council (within this section referred to as "Council") to assist the Tulsa City-County Board of Health in the following: Code revisions, clarifications and interpretations of the Code, liaison between the food industry, the Department, and the consumer.

a.

The Council shall consist of fifteen (15) members appointed by the Director and approved by the Board of Heath. Membership shall include representation from the following three categories: (1)

Five (5) members widely representative ofthe food industry.

(2) Five (5) members with professional training in health matters; e.g., pharmacists, veterinarians, dentists, bacteriologists, physicians, nurses. (3) Five (5) members representing other consumers with due consideration being given to architects, engineers, lawyers and consumers at large. b

The Council members shall be appointed to serve a one ( 1) year term of office, but all members shall hold office until their successor is qualified and appointed.

c.

The Council shall elect annually a Chairperson from among its members. The Council shall hold at least one (1) meeting annually and such additional meetings as the Chairperson or the Director shall deem desirable.

2. The Council shall develop rules, subject to approval by the Board of Health, relating to matters which shall be considered by the Council and procedures for submission of such items to the Council.

F.

License Suspension and Revocation The Department may summarily suspend, permanently revoke, or temporarily suspend a license, permit, or certification for failure of the holder to comply with the requirements ofthe Code: - 10-

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1.

Summary Suspension

a.

Notwithstanding other provisions of the Code, if an authorized representative of the Department finds insanitary or other conditions in the operation of a food establishment, which constitute an imminent hazard to the public health (as defined in 310:257-1-2 under "Imminent health hazard"), the establishment may be closed summarily without prior notice or hearing.

b.

If an imminent hazard to the public health is found to exist, the Department shall summarily suspend food operations by issuing a written notice to the license, permit or certificate holder or operator stating specifically the following: (1)

The conditions which cause the imminent hazard to the public health;

(2)

The corrective action that must be taken to abate the hazard;

(3)

The period oftime within which corrective action must be taken;

(4)

That the license, permit or certification holder has the right to: (i) Request in writing a re-inspection within twenty-four (24) hours, and if the reasons for the suspension no longer exist, request immediate reinstatement of the license or permit, and to have the name, address and telephone number for the license, permit or certification holder to contact to initiate a request for re-inspection, or (ii) Request in writing a hearing within twenty-four (24) hours before the Director of the Department to determine if the summary suspension was warranted. The written request shall be mailed or hand delivered to: Director, Tulsa City-County Health Department, 5051 South 129th East Avenue, Tulsa, Oklahoma 74134. (iii) Hearings with the Director will be held within five (5) business days after receiving the written request.

2.

Revocation and Temporary Suspension.

a.

For serious or repeated violations of any of the requirements of the Code, or for willfully obstructing the Department in the performance of duties, a license, permit or certificate may be revoked permanently or temporarily suspended after opportunity for a hearing. - 11 -

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b.

The Department shall serve upon the license, permit or certificate holder or operator written notice stating specifically: (1)

That the license, permit or certificate will be either (1) revoked entirely, or

(2)

temporarily suspended for a specified number of days.

(3) The reasons for which the license, permit or certificate will be revoked or temporarily suspended. (4)

That the license, permit or certification holder has the right to: (i) Request in writing a hearing within ten (1 0) days before the Director of the Department to determine if the revocation or temporary suspension was warranted. The written request shall be mailed or hand delivered to: Director, Tulsa City-County Health Department, 5051 South 129th East Avenue, Tulsa, Oklahoma 74134. (ii) Hearings with the Director will be held within five (5) business days after receiving the written request

c.

G.

A notice is properly served when it is delivered to the license, permit or certificate holder, or to the person in charge of the food establishment, or if such personal service cannot reasonably be made, when it is sent certified mail, return receipt requested, to the last known address of the license, permit or certificate holder.

Appeal Procedures 1.

Appeal to the Tulsa Food Advisory Council.

a.

Any person alleging there is error in any order, requirement, decision, or determination made by the Department in the enforcement of this Code, or any person aggrieved by the final determination of the Director may appeal such decision to the Tulsa Food Advisory Council within (10) ten days of receiving the Director's decision.

b.

The appeal shall be in writing and shall specify the reasons for the appeal, and shall be mailed or hand delivered to: Legal Counsel, Tulsa City-County Health Department, 5051 South 129th East Avenue, Tulsa, Oklahoma 74134. (1) The Legal Counsel shall forward the request for appeal along with all documentation from the initial action of the Department and the hearing with the Director to the Tulsa Food Advisory Council. - 12-

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(2) The Tulsa Food Advisory Council shall appoint a three (3) person Hearing Panel which shall consist of one (1) member of the Tulsa City-County Board of Health and two (2) members from the Tulsa Food Advisory Council. (3) The Hearing Panel shall hold a hearing and may reverse, affirm or modify the action of the Department. The decisions of the Hearing Panel are deemed to be those of the Tulsa Food Advisory Council. 1.

Appeal to the City Council.

a.

The Department or any aggrieved party may appeal the decision of the Hearing Panel of the Tulsa Food Advisory Council to the City Council.

b.

An appeal to the City Council shall be taken by filing with the City and with the Chairperson of the Tulsa Food Advisory Council within ten (10) days from the date of such action, a notice of appeal, which notice shall specify the grounds of such appeal. Upon filing of the notice of appeal, the Tulsa Food Advisory Council shall forthwith transmit to the City copies of all the papers constituting the record in the case, together with the order, decision or ruling of the Tulsa Food Advisory Council Hearing Panel.

c

The City Council shall hold a hearing and may reverse, affirm or modify the decision or determination of the Tulsa Food Advisory Council Hearing Panel.

2. An appeal stays all proceedings in furtherance of the action appealed from, unless the Department certifies that by reason of facts stated in the certificate, a stay would cause an imminent hazard to the public health. In such case, proceedings shall not be stayed other than by a restraining order. H. Criminal Penalty. Any person, firm, limited liability company, corporation, association, partnership, joint venture or other business entity convicted of a violation of this Chapter shall be guilty of a misdemeanor offense and upon conviction shall be punished by a fine not exceeding Seven Hundred Fifty Dollars ($750.00), excluding costs, fees and assessments, by imprisonment for a period not exceeding sixty (60) days, or by both such fine and imprisonment."

Section 3. SEVERABILITY CLAUSE. If any section, sentence, clause or phrase of this ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any part thereof Section 4. REPEAL OF CONFLICTING ORDINANCES. That all ordinances or parts of ordinances in conflict herewith be and the same are now expressly repealed. - 13-

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20120401 FINAL 4-2-1 Food Code

Section 5. OPERATIVE CLAUSE. Following passage of this ordinance by the City Council, with separate approval of its Emergency Clause, this ordinance shall be operative on and after May 1, 2012. Section 6. EMERGENCY CLAUSE. That an emergency is hereby declared to exist for the preservation of the public peace, health and safety and, more particularly, to protect persons consuming food in food service establishment .from disease and illness, by reason whereof this ordinance shall take effect immediately .from and after its passage and approval. ADOPTED by the Council:

04-09-2012 Date

~~ ~ayor ADOPTED as an Emergency Measure ruled upon separately and approved by an affirmative vote of at least four-fifths (4/5) ofthe City Council: 04-09-2012. Date

~~ CZ1 Mayor

City Attorney

- 14-

Per Section 8.18.010 – County Health Department Designated to Enforce Health Ordinance of the City of Sand Springs: The Tulsa City-County Health Department shall promulgate the following rules and regulations as necessary to assure the health, safety and welfare of all the citizens within the city: CITY/COUNTY-SPECIFIC EMPLOYEE & MANAGER TRAINING, COMPLIANCE AND ENFORCEMENT REQUIREMENTS “Code” hereinafter shall mean 310:257 of the Food Service Establishment Regulations of the Oklahoma State Department of Health. “Department” hereinafter shall mean the duly-appointed representative of the Tulsa City-County Health Department. “Director” hereinafter shall mean the Director of the Tulsa City-County Health Department or his designated representative. “Chief Operating Officer” hereinafter shall mean the Chief Operating Officer of the Tulsa City-County Health Department or his designated representative. 1. Certified Food Protection Manager (a) Required. (1)

Except as provided in Section (f) of this section, it shall be unlawful for any person owning, operating, or managing any food establishment within the City to fail to employ at least one (1) certified food protection manager. (A)

Such person shall be in a supervisory position at said establishment and have a valid and current certificate, which satisfies the requirements of (b) of this section.

(B) The certified manager must be an active employee of the licensed establishment who is present a majority of the operating hours and who has the responsibility of directly observing, supervising, and training food establishment personnel in proper food and equipment handling, sanitation, and personal hygiene. (C) In the event the certified manager is temporarily absent, the person in charge shall conform to section 310:257-3-2 of the Code. The Department may require additional certified managers in sufficient numbers to ensure all food preparation and service is performed under the direction of certified supervisory personnel. It shall be unlawful for any person owning, operating, or managing a food establishment to allow the food establishment to be operated with less than the required number of certified managers.

1

(2)

Whenever the person holding the Food Protection Manager Certification terminates employment or is terminated or transferred to another food establishment, the person owning, operating, or managing the food establishment shall be allowed thirty (30) days from the date of termination or transfer of the certificate holder to comply with (a)(1) of this section. The Department may grant an extension of time in the event instruction and testing is not available within the thirty (30) day period.

(b) Issuance, Expiration and Renewal. (1)

The Department shall issue a Food Protection Manager Certificate when the applicant: (A) Provides documentation of successfully passing an accredited test. (B) Submits an affidavit stating legal status in the country, and (C) Pays the applicable certification fee at the time application is made.

(2)

The certification shall expire three (3) years from the issuance; after which the certification must be renewed.

(3)

Renewal requirements shall not be in excess of the initial certification outlined in (b)(1) of this section.

(c) Certification Fees. (1)

The fee for obtaining a Food Protection Manager Certificate from the Department shall be $15.00, and the fee is non-refundable.

(2)

The same fee of $15.00 will apply for all renewals of the certificate.

(3)

The fee for obtaining a duplicate of a non-expired and non-revoked Food Protection Manager Certificate shall be $5.00.

(d) Proof of Certification. Each certified food protection manager shall display the certificate in a prominent location in the establishment. (e) Certification Non-Transferable. A Food Protection Manager Certificate is not transferable from one person to another person. A certified manager may not act in said capacity in more than one establishment or location at the same time. Unofficial copies of the certificate are not recognized by the Department. (f) Exemption from Requirements: (1)

Food establishments that serve, sell, or distribute only prepackaged food

(2)

Food establishments that do not serve, sell, or distribute foods that are Time/Temperature Control for Safety (TCS) foods.

(3)

Temporary food establishments, special facilities, and/or events.

2

2. Food Employee Permits (a) Permit Required. (1)

It shall be unlawful for any person to operate a food service establishment in the City to employ staff to serve food, prepare food, or handle food utensils without ensuring that they possess a current and unrevoked permit issued by the Department.

(2)

It shall be unlawful for any person to serve, prepare food, or handle food utensils in a food service establishment, who cannot immediately exhibit a current and unrevoked permit issued by the Department.

(3)

Exemptions from requirements. Food service establishments and employees of food service establishments outlined below are exempt from this requirement: (A) Food establishments that serve, sell, or distribute only prepackaged food. (B) Temporary food establishments, special facilities, and/or events.

(4)

Affidavit Required. At the time of application to the Department, applicant for permits in (c) of this section must submit an affidavit stating legal status in the country.

(b) Permit Fees. (1)

The fee for obtaining a permit from the Department outlined in (c)(1),(2),(3), or (4) of this section shall be $13.00.

(2)

The same fee of $13.00 will apply for all renewals of the permit.

(3)

The fee for obtaining a duplicate of a non-expired and non-revoked permit shall be $5.00.

(c) Permit Types and Requirements. (1)

Food Handler Permit: (A) Is issued by the Department when applicant attends a training course regarding the practice of sanitary food preparation, food service, and personal hygiene, and passes course test. (B) Applicant must pay the permit fee in (b)(1) of this section at the time application is made. (C) Applicant may waive the training course in (c)(1)(A) of this section and demonstrate knowledge by passing a Department test. (E) Allows the permit holder work in licensed food service establishment with unpackaged food, food equipment or utensils, or food-contact surfaces. This permit may also be used to satisfy the requirements of any of the permit types outlined in (c)(2) through (6) of this section.

(2)

Temporary Food Handler Permit: (A) Is issued by the Department when the applicant pays fee in (b)(1) of this section. 3

(B) Allows the permit holder to work only temporarily in a food service establishment. (3)

Food Service Support Staff Permit: (A) Is issued by the Department when an applicant attends a course of instruction outlined in (c)(1)(A) of this section, but does not pass the course test. (B) Applicant must pay fee outlined in (b)(1) of this section at the time application is made. (C) Allows the permit holder to work in a licensed food service establishment with the following restrictions: (i) Food Service Support Staff may work only under the direct supervision of a certified manager or a job coach, and (ii) Only in food activities that do not pose a potential health threat.

(4)

Manufacturing Worker Permit: (A) Is issued by the Department when the applicant attends approved training that is provided by a licensed manufacturing facility regarding the type of food processing duties performed in the facility and passes Department test. (B) Applicant must pay fee required in (b)(1) of this section. (C) Allows the permit holder to work only in the facility where they successfully completed the training.

(5)

Community Service Worker Permit: (A) Is issued by the Department when the applicant attends a course of instruction and passes the test as outlined as in (c)(1)(A) of this section. (B) Applicant is not required to pay a fee for the training or permit. (C) Allows permit holder to volunteer work for a licensed non-profit organization having year-round full-service food preparation.

(6)

Seasonal Volunteer Permit: (A) Is issued when an applicant attends a one-hour course of instruction provided by the Department. (B) Applicant is not required to pay a fee for the training or permit. (C) Allows permit holder to volunteer at non-profit seasonally-operated establishments (such as sports and school concession stands, religious organizations, school home room, etc.) that have limited food preparation.

4

(d) Permits Non Transferable and Fee Non Refundable. Any permit issued as outlined in (c) of this section is not transferable from one person to another person. Any fee paid to attend the course of instruction taught by the Department is nonrefundable. Unofficial copies of permits are not recognized by the Department. (e) Expiration and Renewal. (1)

Permits in (c) of this section shall expire three (3) years from date of issuance by the Department, except: (A) Temporary Food Handler Permit shall expire one (1) week from the date of issuance or the next available date of a course of instruction or testing date. Expiration date will be on the permit. (B) Seasonal Volunteer Permit shall expire one (1) year from the date of issuance.

(2)

Permits in (c) of this section are not renewable. After expiration of permit, holder must meet requirements in one of the items in (c) of this section, except: (A)

Only one (1) Temporary Food Handler Permit may be issued to an applicant, after which they must complete the requirements in (c)(1) of this section before working in a licensed food service establishment.

3. Tulsa Food Advisory Council (a) Creation of Advisory Council. There is hereby created the Tulsa Food Advisory Council (within this section referred to as “Council”) to assist the Tulsa City-County Board of Health in the following: Code revisions, clarifications and interpretations of the Code, liaison between the food industry, the Department, and the consumer. (1)

The Council shall consist of fifteen (15) members appointed by the Director and approved by the Board of Heath. Membership shall include representation from the following three categories: (A)

Five (5) members widely representative of the food industry.

(B) Five (5) members with professional training in health matters; e.g., pharmacists, veterinarians, dentists, bacteriologists, physicians, nurses. (C) Five (5) members representing other consumers with due consideration being given to architects, engineers, lawyers and consumers at large. (2)

The Council members shall be appointed to serve a one (1) year term of office, but all members shall hold office until their successor is qualified and appointed.

5

(3)

The Council shall elect annually a Chairperson from among its members. The Council shall hold at least one (1) meeting annually and such additional meetings as the Chairperson or the Director shall deem desirable.

(b) The Council shall develop rules, subject to approval by the Board of Health, relating to matters which shall be considered by the Council and procedures for submission of such items to the Council. 4. Suspension and Revocation The Department may summarily suspend, permanently revoke, or temporarily suspend a permit or certification for failure of the holder to comply with the requirements of the Code: (a) Summary Suspension. (1)

Notwithstanding other provisions of the Code, if an authorized representative of the Department finds insanitary or other conditions in the operation of a food establishment, which constitute an imminent hazard to the public health (as defined in 310:257-1-2 under “Imminent health hazard”), the establishment may be closed summarily without prior notice or hearing.

(2)

If an imminent hazard to the public health is found to exist, the Department shall summarily suspend food operations by issuing a written notice to the license, permit or certificate holder or operator stating specifically the following: (A)

The conditions which cause the imminent hazard to the public health;

(B) The corrective action that must be taken to abate the hazard; (C) The period of time within which corrective action must be taken; (D) That the permit or certification holder has the right to: (i)

Request in writing a re-inspection within twenty-four (24) hours, and if the reasons for the suspension no longer exist, request immediate reinstatement of the license or permit, and to have the name, address and telephone number for the license, permit or certification holder to contact to initiate a request for re-inspection, or

(ii)

Request in writing a hearing within twenty-four (24) hours before the Director of the Department to determine if the summary suspension was warranted. The written request shall be mailed or hand delivered to: Director, Tulsa City-County Health Department, 5051 S. 129th E. Ave., Tulsa, Oklahoma 74134.

(iii) Hearings with the Director will be held within five (5) business days after receiving the written request.

6

(b) Revocation and Temporary Suspension. (1)

For serious or repeated violations of any of the requirements of the Code, or for willfully obstructing the Department in the performance of duties, a permit or certificate may be revoked permanently or temporarily suspended after opportunity for a hearing.

(2)

The Department shall serve upon the permit or certificate holder or operator written notice stating specifically: (A)

That the permit or certificate will be either (1) revoked entirely, or (2) temporarily suspended for a specified number of days.

(B) The reasons for which the permit or certificate will be revoked or temporarily suspended. (C) That the permit or certification holder has the right to:

(3)

(i)

Request in writing a hearing within ten (10) days before the Director of the Department to determine if the revocation or temporary suspension was warranted. The written request shall be mailed or hand delivered to: Director, Tulsa City-County Health Department, 5051 S. 129th E. Ave., Tulsa, Oklahoma 74134.

(ii)

Hearings with the Director will be held within five (5) business days after receiving the written request

A notice is properly served when it is delivered to the permit or certificate holder, or to the person in charge of the food establishment, or if such personal service cannot reasonably be made, when it is sent certified mail, return receipt requested, to the last known address of the license, permit or certificate holder.

5. Appeal Procedures (a) Appeal to the Tulsa Food Advisory Council. (1)

Any person alleging there is error in any order, requirement, decision, or determination made by the Department in the enforcement of this Code, or any person aggrieved by the final determination of the Director may appeal such decision to the Tulsa Food Advisory Council within (10) ten days of receiving the Director’s decision.

(2)

The appeal shall be in writing and shall specify the reasons for the appeal, and shall be mailed or hand delivered to: Legal Counsel, Tulsa City-County Health Department, 5051 S. 129th E. Ave., Tulsa, Oklahoma 74134. (A)

The Legal Counsel shall forward the request for appeal along with all documentation from the initial action of the Department and the hearing with the Director to the Tulsa Food Advisory Council.

(B) The Tulsa Food Advisory Council shall appoint a three (3) person Hearing Panel which shall consist of one (1) member of the Tulsa City-County Board of Health and two (2) members from the Tulsa Food Advisory Council. 7

(C) The Hearing Panel shall hold a hearing and may reverse, affirm or modify the action of the Department. The decisions of the Hearing Panel are deemed to be those of the Tulsa Food Advisory Council. (b) An appeal stays all proceedings in furtherance of the action appealed from, unless the Department certifies that by reason of facts stated in the certificate, a stay would cause an imminent hazard to the public health. In such case, proceedings shall not be stayed other than by a restraining order.

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