Part 14 Food Service Establishments

When action is taken to order closure and cessation of operations, the permit-issuing official or his designated representative is to: (a) conspicuously post a notice or placard at each entrance of the food-vending commissary, or on the mobile food service vehicle, stating the ex…

The permit-issuing official may waive, in writing, any of the requirements of this Subpart, and the waiver included as a condition of the permit to operate, when it reasonably appears that the public health will not be endangered by such waiver. All such waivers are to be only fo…

(a) An imminent health hazard is any violation, combination of violations, condition, or combination of conditions making it probable that the food or drink served to the public by the establishment or its continued operation can injure the health of the consumer or the public. (…

Any food service operator having actual or constructive knowledge of the occurrence of illness allegedly due to the consumption of food served at the establishment, shall report the same within 24 hours by telephone, telegram or in person to the permit-issuing official.

If any provision of this Subpart is held invalid, such invalidity shall not affect other provisions which shall be given effect without the invalid provisions.

(a) A mobile food service establishment is a self-contained food service operation, located in a vehicle or a movable stand, self-or otherwise propelled, used to store, prepare, display or serve food intended for individual portion service. (b) A pushcart is a cart or barrow, man…

(a) A food processing establishment is a commercial establishment operated under license or permit of an appropriate regulatory authority where food is manufactured or packaged for human consumption at another establishment or place. (b) A mobile food service establishment commis…

A person, as used by this Subpart, is an individual, firm, estate, partnership, company, corporation, trustee, association, or any public or private entity.

Law means and includes Federal, State and local statutes, ordinances and regulations.

(a) Frozen desserts are ice cream, frozen custard, French ice cream, French custard ice cream, artificially sweetened ice cream, ice milk, artificially sweetened ice milk, fruit sherbet, non-fruit sherbet, water ices, non-fruit water ices, confection frozen without stirring, dair…

(a) Food is any edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. (b) Contamination means exposing food to filth, toxic substances, manual contact during service or preparation if such food will not be su…

(a) Food is to be free from adulteration, spoilage, filth or other contamination, and suitable for human consumption. (b) Food is to be obtained from sources that comply with all laws relating to food and food labeling. The use of food prepared in any place that is not operated u…

Ice that is consumed or that touches food is to be made from potable water, from sources in compliance with Part 5 of this Title, in a manner that protects it from contamination. Such ice is to be obtained only in chipped, crushed or cubed form and in single-use safe plastic or w…

(a) Food is to be protected from contamination during storage, preparation, display, service and transportation. The temperature of potentially hazardous food is to be 45°F (7.2°C) or below, or 140°F (60°C) or above, at all times except during necessary times of preparation. Inta…

Enough conveniently located refrigeration facilities or effectively insulated facilities are to be provided and used to maintain potentially hazardous food at required temperatures during storage. Each facility storing potentially hazardous food is to have a numerically scaled in…

Enough conveniently located hot food storage facilities are to be provided and used to maintain potentially hazardous food at the required temperature during storage. Each potentially hazardous food storage facility is to have a numerically scaled indicating thermometer, accurate…

During transportation, food utensils, equipment and tableware are to be protected from contamination, including maintenance of hot or cold temperature requirements. Original individual packages do not need to be over-wrapped or covered if the original package has not been torn or…

(a) In pushcarts, poisonous and toxic materials are restricted to hand and utensil cleaners and utensil sanitizers. (b) In mobile food service establishments, poisonous and toxic materials are restricted to hand, utensil and equipment cleaners, and utensil and equipment sanitizer…

All persons handling food are to be free from infectious disease which can be transmitted by foods and are not to have a boil, infected cut or sore, or respiratory disease. They are to wear clean clothing, not to smoke or use tobacco while handling food or in food preparation are…

The permit-issuing official may establish and conduct or designate training programs and require that owners and/or operators of mobile food service establishments or pushcarts attend them.

Food is to be prepared and served with no bare hand contact unless the food will be subsequently heated to 140°F (60°C) or greater for foods that were not previously heated or to 165°F (73.9°C) or greater for foods that are being heated for a second or subsequent time. Convenient…

Metal stem-type numerically scaled indicating thermometers accurate to plus or minus 2°F (1.1°C) are to be provided and used to determine that proper internal cooking, holding or refrigeration temperatures of all potentially hazardous foods are obtained and maintained.

Potentially hazardous foods are to be thawed: (a) in refrigerated facilities at a temperature not to exceed 45°F (7.2°C); (b) in a microwave oven when the food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process, or when the …

(a) Milk and milk products served to the consumer are to be in an unopened commercially filled package. (b) Dairy and nondairy creaming or whitening agents are to be provided in an individual service container. (c) Condiments, seasoning and dressings are to be provided in individ…

(a) Food placed on display is to be protected against contamination. The quantity of food displayed is to be limited to immediate needs. (b) All artificial lighting fixtures located over, by or within food storage, preparation, service or display facilities and facilities where u…

(a) All mobile food service establishments and pushcarts are to be serviced only at a commissary operated under a valid permit issued under Subpart 14-1 of this Part or operated under license or permit of an appropriate regulatory authority at a frequency necessary to maintain th…

For the purposes of this section, liquid nitrogen shall mean nitrogen in its cryogenic liquid form, which comes in direct contact with food or is used as a food additive. Dry ice shall mean carbon dioxide in its solid form, which comes in direct contact with food or is used as a …

(a) The purpose of this code is to protect the public health. Food vending machines are to be maintained and operated in such a way as to avoid health hazards. (b) This code does not apply to machines rending merchandise other than food or beverages.

(a) An imminent health hazard is any violation, combination of violations, condition, or combination of conditions making it probable that the food or drink that is or may be vended by a vending machine or its continued operation may injure the health of the consumer or the publi…

(a) Vending machines, ovens and other equipment used in connection with a food vending operation are to be located in a room, area or space which is maintained in a clean condition and which is protected from overhead leakage or condensation from water, waste or sewer piping. The…

(a) Food-contact surfaces are to be cleaned and sanitized each time the machine is serviced at an unattended vending operation, and daily or as needed to protect food from contamination at an attended vending operation. (b) Nonfood-contact surfaces of equipment are to be cleaned …

The preferred manual method of cleaning and sanitizing equipment and utensils is to use a three-compartment sink; to wash in the first compartment with hot water and a detergent; rinse in clean hot water in the second compartment; and sanitize in the third compartment using an ac…

(a) Sanitization is effective bactericidal treatment by heat or chemical means, acceptable to the permit-issuing official, which destroys pathogens on surfaces treated. (b) The following are acceptable methods of sanitizing: (1) immersion for at least one-half minute in clean hot…

All equipment and utensils are to be air-dried after sanitizing.

(a) Moist cloths used for wiping food-contact surfaces of equipment are to be used only for this purpose. These cloths are to be stored in a sanitizing solution between uses. (b) Moist cloths used for cleaning nonfood-contact surfaces of equipment are to be stored in a sanitizing…

The cavities and door edges of microwave ovens are to be cleaned at least once a day, and are to be kept free of encrusted grease deposits and other accumulated soil.

A record of cleaning operations is to be maintained by the operator. It is to be located in each machine or be returned daily to headquarters, and is to be available at the time of inspection and be current for at least the past 30 days.

(a) The water supply is to be adequate, safe, of sanitary quality from an acceptable source that meets the requirements of Part 5 of this Title. (1) Water used as a food ingredient is to be piped to the vending machine under pressure, except that in controlled-location vending ma…

All sewage, including liquid waste, is to be disposed of in a public sewer or in a manner which protects the premises, personnel and contents within the establishment and does not create a nuisance.

Plumbing is to be sized, installed and maintained to carry potable water to all parts of the food vending operation in quantities and at pressures needed for satisfactory operation. Sewage and liquid wastes are to be handled and disposed of in a manner which protects the premises…

An indirect drain is a waste line which does not connect directly with the drainage system, but conveys and discharges liquid wastes through an air break into an approved plumbing fixture or receptacle directly connected to the drainage system.

(a) Each food vending operation is to have adequate, conveniently located and properly installed toilet fixtures accessible to machine attendants and servicers. Toilet fixtures are to be of sanitary design and readily cleanable. Toilet rooms are to be completely enclosed and to h…

(a) Handwashing facilities are to be provided and maintained for use by food vending operation attendants and servicers. Sinks not in use for utensil or equipment washing may be used for handwashing. (b) Each handwashing facility is to be provided with running hot and cold or tem…

(a) Garbage and refuse is to be stored, handled and disposed of in a manner that protects food and food-contact surfaces from contamination and the premises from litter. (b) Self-closing, leak-proof, easily cleanable, insect-proof and rodent-proof waste receptacles are to be prov…

The food vending operation is to be free of insects, rodents, harborage, and insect or rodent breeding conditions. Pesticides are not to be used in place of or as a substitute for proper sanitation.

Food vending operations, and all parts of the property used in connection with the operations, are to be kept clean and free from litter.

(a) A valid permit, issued by the permit-issuing official having jurisdiction is required for lawful operation of a food vending machine commissary, a food vending operation or controlled location vending machine. At establishments that serve retail frozen desserts the $25 permit…