Part 14 Food Service Establishments

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, artifically sweetened ice milk, fruit sherbet, non-fruit sherbet, water ices, non-fruit water ices, confection frozen without stirring, dairy…

Adequate shall mean sufficient to accomplish the purposes for which something is intended, and to such a degree that no unreasonable risk to health or safety is presented. An item installed, maintained, designed and assembled, an activity conducted or act performed, in accordance…

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.

(a) Food is to be free from adulteration, spoilage, filth or other contamination, and suitable for human consumption. (b) Contamination means exposing food to filth, toxic substances, manual contact during service or preparation if such food will not be subsequently cooked prior …

An hermetically sealed container is a container which is designed and intended to be secure against the entry of microorganisms and to maintain the safety and quality of its contents after processing.

(a) When fluid and dry mllk, fluid and dry milk products, and fluid or dry milk substitutes are used or served, they are to be pasteurized and are to meet the standards established by law. (b) When fresh and frozen shellfish or shucked shellfish (oysters, clams or mussels) are us…

(a) The State Commissioner of Health may designate, by administrative order, the names and types of foods which are potentially hazardous and subject to microbiological standards established by him. (b) No person is to manufacture, produce, pack, possess, sell, offer for sale, de…

No person shall package, distribute, sell, offer for sale or deliver smoked fish or smoked fish products packaged so that oxygen is excluded unless the product has been heat processed after packaging at a temperature and for a time sufficient to destroy all spores of Clostridium …

(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 degrees Fahrenheit (7.2 degrees Celsius) or below, or 140 degrees Fahrenheit (60 degrees Celsius) or above at…

(a) Unused potentially hazardous food which has been served may not be served again. (b) Unused, unprotected food which has been served may not be served again. (c) Food is considered served when it has been offered without protection to the consumer.

Food removed from the original container or package is to be protected from contamination by storing in clean, covered, sanitized containers maintained at temperatures.

(a) Containers of food are to be stored a minimum of six inches (14.24 centimeters) above the floor to protect the food from splash and other contamination, and at a height to permit easy cleaning of storage area. (b) Food and containers of food and food wrapping materials are no…

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, including transportation to another location for service or catering operations, food is to meet the requirements of this Subpart relating to food protection, temperature, handling and storage. Food, utensils, equipment and tableware are to be protected fro…

Poisonous and toxic materials are restricted to those required to maintain sanitary conditions, which include pest control and sanitization, and when so used in food establishments are to be prominently labeled and lawfully permitted under State and Federal regulations, and are t…

No person is to work in a food service establishment: (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 otherwis…

Employees are to maintain a high degree of personal cleanliness and are to conform with good hygienic practices when working in food service establishments. Employees are to wash their hands and exposed area of arms thoroughly with soap and warm water before starting work, and as…

(a) Employees are to consume food only in designated dining areas where it will not result in contamination of other food, equipment, utensils or other items needing protection. (b) Tobacco in any form is not to be used by employees while engaged in food preparation or service, o…

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

(a) Food is to be prepared and served with no bare hand contact unless the food will be subsequenty heated to at least the minimum temperature required under section 14-1.82 of this Subpart or to 165 degrees Fahrenheit (73.9 degrees Celsius) or greater for foods that are being he…

Raw fruits and raw vegetables are to be thoroughly washed with potable water before serving.

All parts of potentially hazardous foods requiring cooking are to be heated to at least 140 degrees Fahrenheit (60 degrees Celsius), except: (a) poultry, poultry stuffing, stuffed meats and stuffing containing meat are to be heated so all parts are at least 165 degrees Fahrenheit…

(a) The entire mass of all precooked, refrigerated, potentially hazardous food that is to be reheated must be heated to 165 degrees Fahrenheit (73.9 degrees Celsius) or above within two hours and held above 140 degrees Fahrenheit (60 degrees Celsius) until served. (b) Precooked p…

Dry milk and dry milk products, if used, must be reconstituted in the establishment.

Metal stem-type, numerically scaled, indicating thermometers accurate to plus or minus two degrees Fahrenheit (1.1 degrees Celsius) are to be provided and used to determine that proper internal cooking, holding or refrigeration temperatures of all potentially hazardous foods are …

Potentially hazardous foods are to be thawed: (a) in refrigerated facilities at a temperature not to exceed 45 degrees Fahrenheit (7.2 degrees Celsius); or (b) under potable running water at a temperature of 70 degrees Fahrenheit (21.1 degrees Celsius) or below, with sufficient w…

(a) Milk and milk products served to the consumer are to be in a commercially filled package or drawn from a commercially filled dispensing container in a refrigerated bulk milk dispenser. (b) Dairy or non-dairy creaming or whitening agents are to be provided in an individual ser…

(a) Food placed on display is to be protected against contamination. Easily cleanable counter-protector devices, cabinets, display cases, containers or other similar protective equipment are to be used. Self-service openings in counter guards are required to protect food from unn…

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 …

Equipment and utensils 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, smooth, easily cleanable and free from breaks, open se…

(a) Materials, including food-grade plastics used in the construction and repair of equipment and utensils 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.…

Equipment containing bearings and gears requiring lubricants is 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.

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

Equipment intended for inplace cleaning is 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 food-contact surf…

Equipment installed in existing food service establishments is acceptable in that establishment 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 satisfactory manner without co…

(a) Approved means acceptable under conditions of use to the permit-issuing official, based on the determination of conformance to appropriate standards and good public health practice. (b) Easily cleanable means readily accessible and of material and finish fabricated so that re…

Single-service articles are to be furnished to consumers at all food service establishments which do not have effective facilities for cleaning and sanitizing tableware. Single-service articles are to be discarded after one use.

(a) A temporary food service establishment means a place where food is prepared or handled and served to the public, with or without charge, and which operates at a fixed location in conjunction with a single event or celebration of not more than 14 consecutive days duration. (b)…

Packaged food is not to be stored in contact with water or undrained ice. Wrapped sandwiches are not to be stored in direct contact with ice.

(a) All sewage, including liquid waste, is to be disposed of in a sanitary sewer, an approved subsurface disposal system, or in a holding tank. (b) Temporary food service establishments and the immediate vicinity of the operation are to be kept clean and free from litter. Trash a…

Toilet facilities serving temporary food service establishments are to include warm running water, soap and individual paper towels for handwashing by employees.

Floors in food preparation areas are to be constructed of concrete, asphalt, tight wood or other similar cleanable material kept in good repair. Dirt or gravel, when graded to drain, may be used as subflooring, when covered with clean removable platforms or duckboards, or covered…