Subject 40-7-1. RETAIL FOOD SALES

(1) Responsibility of License Holder, Person in Charge, and Conditional Employees. (a) The LICENSE HOLDER shall require FOOD EMPLOYEES and EMPLOYEES to report to the PERSON IN CHARGE information about their health and activities as they relate to diseases that are transmissible t…

(1) Clean Condition. FOOD EMPLOYEES shall keep their hands and exposed portions of their arms clean.P (2) Cleaning Procedure. (a) Except as specified in (d) of this section, FOOD EMPLOYEES shall clean their hands and exposed portions of their arms, including surrogate prosthetic …

(1) Eating, Drinking, or Using Tobacco. (a) Except as specified in (b) of this section, an EMPLOYEE shall eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; unwrapped SINGLE-SERVICE and S…

(1) Clean-up of Vomiting and Diarrheal Events. A FOOD ESTABLISHMENT shall have written procedures for EMPLOYEES to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the FOOD ESTABLISHMENT. The procedures …

(1) Safe, Unadulterated, and Honestly Presented. FOOD shall be safe, unADULTERATED, and, as specified under , honestly presented.P

(1) Compliance with Food Law. (a) FOOD shall be obtained from sources that comply with LAW.P (b) FOOD prepared in a private home may not be used or offered for human consumption in a FOOD ESTABLISHMENT.P (c) PACKAGED FOOD shall be labeled as specified in LAW, including 21 CFR 101…

(1) Preventing Contamination from Hands. (a) FOOD EMPLOYEES shall wash their hands as specified under . (b) Except when washing fruits and vegetables as specified under or as specified in (d) and (e) of this section, FOOD EMPLOYEES may not contact exposed, READY-TO-EAT FOOD with …

(1) Raw Animal Foods. (a) Except as specified under (b) and in (c) and (d) of this section, raw animal FOODS such as EGGS, FISH, MEAT, POULTRY, and FOODS containing these raw animal FOODS, shall be cooked to heat all parts of the FOOD to a temperature and for a time that complies…

(1) Frozen Food. Stored frozen FOODS shall be maintained frozen. (2) Time/Temperature Control for Safety Food, Slacking. Frozen TIME/TEMPERATURE CONTROL FOR SAFETY FOOD that is SLACKED to moderate the temperature shall be held: (a) Under refrigeration that maintains the FOOD temp…

(1) Standards of Identity. PACKAGED FOOD shall comply with standard of identity requirements in 21 CFR 131 - 169 and 9 CFR 319 Definitions and standards of identity or composition, and the general requirements in 21 CFR 130 - Food Standards: General and 9 CFR 319 Subpart A - Gene…

(1) Discarding or Reconditioning Unsafe, Adulterated, or Contaminated Food. (a) A FOOD that is unsafe, ADULTERATED, or not honestly presented as specified under shall be discarded or reconditioned according to an APPROVED procedure.P (b) FOOD that is not from an APPROVED source a…

(1) Characteristics. Materials that are used in the construction of UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT may not allow the migration of deleterious substances or impart colors, odors, or tastes to FOOD and under normal use conditions shall be:P (a) Safe;P (b) Durable, …

(1) Equipment and Utensils. EQUIPMENT and UTENSILS shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. (2) Food Temperature Measuring Devices. FOOD TEMPERATURE MEASURING DEVICES may not have sensors or stems co…

(1) Cooling, Heating, and Holding Capacities. EQUIPMENT for cooling and heating FOOD, and holding cold and hot FOOD, shall be sufficient in number and capacity to provide FOOD temperatures as specified under through .Pf (2) Manual Warewashing, Sink Compartment Requirements. (a) E…

(1) Equipment, Clothes Washers and Dryers, and Storage Cabinets, Contamination Prevention. (a) Except as specified in (b) of this section, EQUIPMENT, a cabinet used for the storage of FOOD, or a cabinet that is used to store cleaned and SANITIZED EQUIPMENT, UTENSILS, laundered LI…

(1) Good Repair and Proper Adjustment. (a) EQUIPMENT shall be maintained in a state of repair and condition that meets the requirements specified under and . (b) EQUIPMENT components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjuste…

(1) Equipment Food-Contact Surfaces, Nonfood-Contact Surfaces, and Utensils. (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…

(1) Food-Contact Surfaces and Utensils. EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be SANITIZED. (2) Before Use After Cleaning. UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT shall be SANITIZED before use after cleaning.P (3) Hot Water and Chemical. After being cleaned, …

(1) Clean Linens. Clean LINENS shall be free from FOOD residues and other soiling matter. (2) Specifications. (a) LINENS that do not come in direct contact with FOOD shall be laundered between operations if they become wet, sticky, or visibly soiled. (b) Cloth gloves used as spec…

(1) Equipment and Utensils, Air-Drying Required. After cleaning and SANITIZING, EQUIPMENT and UTENSILS: (a) Shall be air-dried or used after adequate draining as specified in the first paragraph of 40 CFR 180.940 Tolerance exemptions for active and inert ingredients for use in an…

(1) Approved System. DRINKING WATER shall be obtained from an APPROVED source that is: (a) A PUBLIC WATER SYSTEM;P or (b) A nonPUBLIC WATER SYSTEM that is constructed, maintained, and operated according to LAW.P (2) System Flushing and Disinfection. A DRINKING WATER system shall …

(1) APPROVED. (a) A PLUMBING SYSTEM and hoses conveying water shall be constructed and repaired with APPROVED materials according to LAW.P (b) A water filter shall be made of SAFE MATERIALS.P (2) Approved System and Cleanable Fixtures. (a) A PLUMBING SYSTEM shall be designed, con…

(1) APPROVED. Materials that are used in the construction of a mobile water tank, mobile FOOD ESTABLISHMENT water tank, and appurtenances shall be: (a) Safe;P (b) Durable, CORROSION-RESISTANT, and nonabsorbent; and (c) Finished to have a SMOOTH, EASILY CLEANABLE surface. (2) Encl…

(1) Capacity and Drainage. A SEWAGE holding tank in a mobile FOOD ESTABLISHMENT shall be: (a) Sized fifteen percent (15%) larger in capacity than the water supply tank; and (b) Sloped to a drain that is 25 mm (1 inch) in inner diameter or greater, equipped with a shut-off valve. …

(1) Indoor Storage Area. If located within the FOOD ESTABLISHMENT, a storage area for REFUSE, recyclables, and returnables shall meet the requirements specified under , , , and . (2) Outdoor Storage Surface. An outdoor storage surface for REFUSE, recyclables, and returnables shal…

(1) Surface Characteristics. Materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be: (a) SMOOTH, durable, and EASILY CLEANABLE for areas where FOOD ESTABLISHMENT operations are conducted; (b) Closely woven and EASILY CLEANABLE carpet for ca…

(1) Floors, Walls, and Ceilings. Except as specified under 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 an…

(1) Minimum Number. HANDWASHING SINKS shall be provided as specified under . (2) Handwashing Cleanser, Availability. Each HANDWASHING SINK or group of two (2) adjacent HANDWASHING SINKS shall be provided with a supply of hand cleaning liquid, powder, or bar soap.Pf (3) Hand Dryin…

(1) Conveniently Located. HANDWASHING SINKS shall be conveniently located as specified under . (2) Convenience and Accessibility. Toilet rooms shall be conveniently located and accessible to EMPLOYEES during all hours of operation. (3) Designated Areas. (a) Areas designated for E…

(1) Repairing. PHYSICAL FACILITIES shall be maintained in good repair. (2) Cleaning, Frequency and Restrictions. (a) PHYSICAL FACILITIES shall be cleaned as often as necessary to keep them clean. (b) Except for cleaning that is necessary due to a spill or other accident, cleaning…

(1) Identifying Information, Prominence. Containers of POISONOUS OR TOXIC MATERIALS and PERSONAL CARE ITEMS shall bear a legible manufacturer's label.Pf (2) Common Name. Working containers used for storing POISONOUS OR TOXIC MATERIALS such as cleaners and SANITIZERS taken from bu…

(1) Separation. POISONOUS OR TOXIC MATERIALS shall be stored so they cannot contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES by: (a) Separating the POISONOUS OR TOXIC MATERIALS by spacing or partitioning;P and (b) Locating the POISONOUS OR…

(1) Separation. POISONOUS OR TOXIC MATERIALS shall be stored and displayed for retail sale so they cannot contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES by: (a) Separating the POISONOUS OR TOXIC MATERIALS by spacing or partitioning;P and…

(1) Public Health Protection. (a) The DEPARTMENT shall apply these Regulations to promote its underlying purpose, as specified in , of safeguarding public health and ensuring that FOOD is safe, unADULTERATED, and honestly presented when offered to the CONSUMER. (b) In enforcing t…

(1) When Plans Are Required. A LICENSE applicant or LICENSE HOLDER shall submit to the DEPARTMENT properly prepared plans and specifications for review and approval before: (a) The construction of a FOOD ESTABLISHMENT;Pf (b) The conversion of an existing structure for use as a FO…

(1) Prerequisite for Operation. (a) A PERSON may not operate a FOOD ESTABLISHMENT without a valid LICENSE to operate issued by the DEPARTMENT.Pf (b) The LICENSE fee structure is as follows: 1. Tier 1 fee is $100; 2. Tier 2 fee is $150; 3. Tier 3 fee is $200; 4. Tier 4 fee is $250…

(1) Establishing Inspection Interval. Inspections shall be conducted as often as the DEPARTMENT deems necessary to insure compliance with these Regulations and at a minimum inspection frequency as established by DEPARTMENTAL policies and directives. (2) Performance- and Risk-Base…

(1) Obtaining Information: Personal History of Illness, Medical Examination, and Specimen Analysis. The DEPARTMENT shall act when it has reasonable cause to believe that a FOOD EMPLOYEE or CONDITIONAL EMPLOYEE has possibly transmitted disease; may be infected with a disease in a …

(1) Adoption by Reference. Annex 1, Compliance and Enforcement, of the current version of the FDA Model Food Code - and supplements thereto as applicable - is adopted by reference, except where the provisions of Annex 1 conflict with Georgia statues located in the Official Code o…