Part 14 Food Service Establishments

(a) Operation of a food vending commissary or food vending operation without a permit is a violation of this Subpart. The permit-issuing official or his designated representative may order any food vending commissary or food vending operation requiring a permit in his jurisdictio…

The permit-issuing official or his designated representative is to be permitted access, for purposes of inspection, at all times while the food vending commissary or food vending operation in his area of jurisdiction is in operation, whether open to the public for service of food…

(a) The permit-issuing official or his designated representative may, by written order, place an embargo order on any food which he determines or has reason to believe to be contaminated, unfit for human consumption, or from an unapproved source. Such food may not be used, sold, …

Permits may be suspended temporarily by the permit-issuing official, after notice and an opportunity to be heard, for failure of the permit holder to comply with the requirements of this Subpart, or with any lawful notice or order issued by the permit-issuing official or his desi…

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, food vending operation or on the food vending machine…

The hearings provided for in this section are to be conducted by the permit-issuing official or his designated hearing officer.

(a) In the event of an occurrence such as fire, flood, power outage, or similar event which might result in the contamination of food, or which might prevent potentially hazardous food from being held at required temperatures, the person in charge of the food vending commissary o…

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…

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 food vending machine is a self-service device which when activated dispenses unit servings of food or beverage without requiring replenishing between each rending operation. (b) A food vending machine commissary is a place where food, containers or supplies are processed or…

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.

A person as used in 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 preparation if such food will not be subsequently …

(a) Food furnished by vending machines or in connection with rending machine operations is to be free from adulteration, spoilage, filth or other contamination, and suitable for human consumption. (b) Food dispensed by vending machines or in connection with vending machine operat…

(a) When fluid or dry milk, fluid or dry milk products, and fluid or dry milk substitutes are used or furnished, they are to be pasteurized and are to meet the standards established by law. (b) Milk and fluid milk products dispensed by vending machines are to be in individual con…

(a) Food is to be protected from contamination during storage, transportation, display, while being held for service, or dispensing by a vending machine or in connection with vending operations. The temperature of potentially hazardous food is to be 45°F (7.2°C) or below, or 140°…

Potentially hazardous food is to be dispensed to the consumer in the individual, original container or wrapper in which it was packaged at the commissary or food-processing establishment. Potentially hazardous food is not to be dispensed from bulk supplies.

Fluid milk and fluid milk products and fluid nondairy products (creaming agents) are not to be dispensed in vending machines as additional ingredients in hot liquid beverages or other foods.

Fresh fruits which may be eaten without peeling are to be thoroughly washed in potable water at the packing plant by the processor, or at the commissary before being placed in the vending machine for dispensing. The washed fruit is to be protected from contamination after the was…

All food, other than fresh fruit, is to be stored or packaged in clean protective containers, or dispensed into clean single-use containers; and all food is to be handled and vended in a sanitary manner.

Condiments provided in conjunction with food dispensing by a vending machine are to be: (a) packaged in individual portions in single-service containers; (b) dispensed from sanitary dispensers which are cleaned, rinsed, sanitized and filled at the commissary, or at the machine lo…

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 …

During transportation, food is to meet the requirements of this Subpart relating to food protection temperatures, handling and storage. Food, utensils, equipment and tableware are to be protected from contamination.

Transport vehicles are to be provided with heated and refrigerated facilities that will maintain potentially hazardous food at 140°F (60°C) or above, or 45°F (7.2°C) or below, while in transit. Thermometers accurate to plus or minus 2°F (1.1°C) are to be provided to show the temp…

Spaces used to carry food in transport vehicles are to be maintained in a sanitary condition to protect food from contamination. Spaces used for food are to be separate from spaces used to carry sanitizing and maintenance chemicals and supplies.

Utensils, single-service items and food-contact equipment are to be protected during transit.

(a) Poisonous and toxic materials required to maintain sanitary conditions, which includes pest control and sanitization, used in vending machine operations are restricted to those prominently labeled and lawfully permitted under State and Federal regulations. (b) Bactericides, c…

No person is to work in a food vending machine operation: (a) in a capacity which can result in contamination of food or food-contact surfaces with disease-causing organisms; (b) while infected with a disease in a communicable form capable of transmission by food; (c) who is othe…

(a) Employees are to maintain a high degree of personal cleanliness and are to conform with good hygienic practices when working in food vending machine operations. Employees are to wash their hands and exposed area of arms thoroughly with soap and warm water before starting work…

The permit-issuing official may establish and conduct or designate training programs and require owners and/or operators of food vending machine operations to attend them.

Food vending machines are to be constructed and maintained to protect food furnished from contamination under conditions at the machine location. These conditions include temperature, dust and dirt, chemicals as dust, fumes and vapors, power failure and vandalism.

Food-contact surfaces are to be constructed of safe materials which will not contaminate or otherwise affect food. Such materials are to be resistant to denting, buckling, pitting, chipping, distortion, cracking and crazing, and are to be smooth, easily cleanable, and free from b…

(a) Materials, including food-grade plastics, used in the construction and repair of food vending machines are to be nontoxic, not affected by foods, cleaning compounds, or such other substances which may be found in the use environment, nonabsorbent and durable under normal use.…

Bearings and gears requiring lubricants are to be designed and constructed so that the lubricant cannot leak, drip or be forced into the food or onto food-contact surfaces. Food-grade lubricants are to be used on or within food-contact surfaces.

Food vending machines are to be constructed to be cleanable: (a) without being disassembled; (b) by disassembling without the use of tools; or (c) by disassembling with the use of only simple tools, such as a mallet, a screwdriver or an open-end wrench kept available near the equ…

Food vending machines intended for in-place cleaning are to be constructed so that: (a) cleaning and sanitizing solutions can be circulated throughout a fixed system, using an effective cleaning and sanitizing regimen; (b) cleaning and sanitizing solutions contact all interior fo…

Nonfood-contact surfaces of the interior of vending machines are to be designed and constructed to permit easy cleaning and to facilitate maintenance operations, and are to be kept clean and in good repair.

The openings into all nonpressurized containers used for the storage of vendable food, including water, are to be provided with covers which prevent contamination from reaching the interior of the containers. These covers are to be designed to provide a flange which overlaps the …

The delivery tube or chute and orifice of bulk food vending machines are to be protected from normal manual contact, dust, insects, rodents and other contamination. The design is to divert condensation or moisture from the normal filling position of the container receiving the fo…

(a) The food storage compartment and other compartments in refrigerated vending machines which are subject to condensation or cooling water retention are to be self-draining or equipped with a drain outlet which permits complete draining. In vending machines designed to store car…

(a) The vending machine is to be of sturdy construction and the exterior is to be designed, fabricated, finished and maintained to be easily cleanable and minimize the entrance of insects and rodents. The exterior of the machine is to be kept clean. (b) Door and panel access open…

In vending machines having a condenser unit as an integral part, the condenser unit is to be: (a) separated from the food and container storage space by a dust-proof barrier when located below these spaces; or (b) sealed from the food and container storage space when located abov…

(a) Free-standing vending machines are to: (1) be light enough to be manually moved with ease by one person; (2) be elevated on legs or extended sidewalls to afford, with or without kickplates, an unobstructed vertical space of at least six inches under the machine; (3) be mounte…

Service connections through an exterior wall of the machine, including water, gas, electrical and refrigeration connections, are to be grommeted or closed to prevent the entrance of insects and rodents. Service connections to machines vending potentially hazardous food are to be …

A food vending machine or piece of equipment used in existing food vending operations is acceptable for that operation provided that it is in good repair, maintained in a sanitary condition, the food-contact surfaces are nontoxic, and it performs its intended function in a satisf…