Proposed regulation changes

Proposed regulation changes
TABLE OF CONTENTS
SECTION
TITLE
010
DEFINITIONS
015
FOOD PROTECTION MANAGER TRAINING AND
CERTIFICATION
PAGE
4
Part A:
General Provisions
19
Part B:
Certification of Food Protection Managers and
Food Protection Instructors
19
Part C:
Requirements for Food Protection Manager and
Food Protection Instructor Training Courses.
Administration of Recognized Examinations
28
Part D:
Enforcement
39
020
FOOD SUPPLIES
41
030
FOOD PROTECTION
42
040
PERSONNEL
47
050
FOOD EQUIPMENT AND UTENSILS
48
060
WATER SUPPLY
56
070
SEWAGE
56
080
PLUMBING
57
090
TOILET AND HANDWASHING FACILITIES
58
100
GARBAGE AND REFUSE DISPOSAL
58
110
INSECT AND RODENT CONTROL
59
120
CONSTRUCTION AND MAINTENANCE OF PHYSICAL
FACILITIES
60
125
PLAN REVIEW
62
130
LIGHTING
62
140
VENTILATION
63
150
DRESSING ROOMS AND LOCKER AREAS
63
160
OTHER OPERATIONS
64
170
TEMPORARY FOOD ESTABLISHMENTS
65
1
180
MOBILE FOOD UNITS
91
PUSHCART OPERATIONS
97
181
BED AND BREAKFAST ESTABLIHSMENTS
98
187
FARMER’S MARKETS
99
190
COMPLIANCE AND ENFORCEMENT
101
195
FOODBORNE ILLNESS - FOOD RELATED INJURY
106
200
SEVERABILITY
107
DEFINITIONS
General
“Accessible” defined.
“Accrediting organization” defined.
“Adulterated food” defined.
“Approved” defined.
“Asymptomatic” defined.
"aw" defined.
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“Balut” defined.
“Barbecue” defined.
“Bed and breakfast” defined.
“Beverage” defined.
“Board of Health” defined.
“Bottled drinking water” defined.
“Bulk food” defined.
“Casing” defined.
“Caterer” defined.
“Certification number” defined.
“Certified Food Protection Manager” defined.
“Certification organization” defined.
“CFP” defined.
“Child care facility” defined.
“Cleaned-in-place” defined.
“Closed” defined.
“Commingle” defined.
“Communicable disease” defined.
“Comminuted” defined.
“Conditional employee” defined.
“Confirmed disease outbreak” defined.
“Consumer” defined.
“Control” defined.
“Control point” defined.
“Corrosion-resistant” defined.
“Counter-mounted equipment” defined.
“Critical control point” defined.
“Critical item” defined.
“Critical limit” defined.
“Cut leafy greens” defined.
“Direct supervision” defined.
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“Disclosure” defined.
“Donated game animals” defined.
“Dry storage area” defined.
“Easily cleanable” defined.
“Easily movable” defined.
“Egg” defined.
“Egg product” defined.
“Employee” defined.
“EPA” defined.
“Equipment” defined.
“Event promoter” defined.
“Exclude” defined.
“Extensively remodeled” defined.
“Family child care home” defined.
“Farm products” defined.
“Farm-to-fork” defined.
“Farmers’ market” defined.
“FDA” defined.
“Fish” defined.
“Food” defined.
“Food additive” defined.
“Food-contact surface” defined.
“Food employee” defined.
“Food establishment” defined.
“Food establishment undergoing remodeling” defined.
“Food handler” defined.
“Food preparation” defined.
“Food processing establishment” defined.
“Food Protection Hearing and Advisory Board” defined.
“Food Protection Manager certificate” defined.
“Foodservice trailer” defined.
“Foodborne disease” defined.
“Foodborne disease outbreak” defined.
“Full-time” defined.
“Game animal” defined.
“Garbage” defined.
“General-use pesticide” defined.
“Golf cart-style food unit” defined.
“Grade A standard” defined.
“Group child care home” defined.
“HACCP” defined.
“HACCP plan” defined.
“HACCP system” defined.
“Handwashing sink” defined.
“Hazard” defined.
“Hazard analysis” defined.
“Health Authority” defined.
“Health District” defined.
“Health practitioner” defined.
“Hermetically sealed container” defined.
“Highly susceptible population” defined.
“Indoor foodservice cart” defined.
“Injected” defined.
“Juice” defined.
“Kitchenware” defined.
“Law” defined.
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“Linens” defined.
“Liquid waste” defined.
“Low-risk food” defined.
“Major food allergen” defined.
“Meat” defined.
“mg/L” defined.
“Misbranded” defined.
“Mobile unit” defined.
“Molluscan shellfish” defined.
“Monitor” defined.
“Natural and unprocessed state” defined.
“New food establishment” defined.
“Nonprofit organization” defined.
“NSF” defined.
“Operational plan” defined.
“Operational supervision” defined.
“Ornamental attraction of water” defined.
“Outdoor food establishment” defined.
“Outdoor/indoor foodservice cart” defined.
“Packaged” defined.
“Permit” defined.
“Permit holder” defined.
“Person” defined.
“Person-in-charge” defined.
“Personal care items” defined.
“pH” defined.
“Physical facilities” defined.
“Plumbing fixture” defined.
“Plumbing system” defined.
“Poisonous or toxic materials” defined.
“Portable banquet bar” defined.
“Portable unit for service of food” defined.
“Potable water” defined.
“Potentially hazardous food (time/temperature control for safety food)” defined.
“Poultry” defined.
“Premises” defined.
“Primal cut” defined.
“Produce” defined.
“Produce stand” defined.
“Producer” defined.
“Public water system” defined.
“Pushcart” defined.
“Putrescible waste” defined.
“Ratite” defined.
“Ready-to-eat” defined.
“Reconstituted” defined.
“Recycling” defined.
“Reduced oxygen packaging” defined.
“Refuse” defined.
“Reminder” defined.
“Reservice” defined.
“Restrict” defined.
“Restricted-use pesticide” defined.
“Risk” defined.
“Risk Level I food establishment” defined.
“Risk Level II food establishment” defined.
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“Risk Level III food establishment” defined.
“Rubbish” defined.
“Safe materials” defined.
“Safe temperatures” defined.
“Sample vendor” defined.
“Sanitization” defined.
“Sealed” defined.
“Service animal” defined.
“Servicing area” defined.
“Sewage” defined.
“Shellfish control authority” defined.
“Shellstock” defined.
“Shucked shellfish” defined.
“Single-service articles” defined.
“Single-use articles” defined.
“Slacking” defined.
“Smooth” defined.
“Solid waste” defined.
“Special event” defined.
“Splash zone” defined.
“Substantial health hazard” defined.
“Tableware” defined.
“Temperature measuring device” defined.
“Temporary food establishment” defined.
“USDA” defined.
“Utensil” defined.
“Variance” defined.
“Vehicle” defined.
“Vending machine” defined.
“Vending machine location” defined.
“Warewashing” defined.
“Water activity” defined.
“Whole-muscle, intact beef” defined.
“Wholesome” defined.
PERMITS AND FEES
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PERMITS
Prohibition from operating an establishment without a valid permit.
Requirement to submit an application for permit to operate.
Health Authority may require additional information on an application for permit to operate.
Health Authority to make inspections prior to approving a permit to operate.
Responsibilities of the permit holder.
Expiration of a permit to operate application for an establishment that does not open within a
reasonable time period.
Permit exemption for those who give away food prepared in a private home.
Allowance for permit exemption for charitable organizations.
Allowance for Health Authority to exempt a food operation from the requirement to have a
permit to operate.
Requirements for obtaining an exemption to the requirement to have a permit to operate.
Alternate exemption criteria for an exemption to the requirement to have a permit to operate
for specific types of food operations.
Revocation of an exemption.
Criteria for obtaining a new exemption after one previously issued has been revoked.
Invalidation of permit, transferring prohibited.
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Invalidation of permit for failure to use it.
Invalidation of a permit for failure to pay renewal fees.
FEES
Application fee for permit to operate.
Application fee for exemption from permit to operate request.
Fee for HACCP and operational plans.
Payment of renewal fees.
Late fees.
Permit application fee, refund.
Reinspection fees.
MANAGEMENT AND PERSONNEL
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Assignment, person-in-charge required.
Demonstration of knowledge.
Person-in-charge.
Employee health, restrictions, exclusions, reporting, notification, highly susceptible populations,
aiding investigations, and return to work.
Clean condition, hands and arms.
Cleaning procedure.
When to wash.
Where to wash.
Hand antiseptics.
Maintenance of fingernails.
Prohibition of jewelry.
Clean condition, outer clothing.
Eating, drinking, and using tobacco.
Discharge from the eyes, nose, and mouth.
Effectiveness of hair restraints.
Handling animals prohibition.
FOOD PROTECTION MANAGER CERTIFICATION
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Certified Food Protection Manager required.
Risk Level I food establishment, child care centers.
Special circumstances.
Requirement for food protection manger certification.
Certified Food Protection Manager, responsibilities.
Certified Food Protection Manager, compliance and enforcement.
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FOOD
Safe, unadulterated, and honestly presented.
Compliance.
Food in a hermetically sealed container.
Milk and milk products.
Fish.
Molluscan shellfish.
Wild mushrooms.
Game animals.
Temperature.
Additives.
Eggs.
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Formatted: Centered
Eggs and milk products, pasteurization.
Service of food: Dairy products and nondairy creamers.
Package integrity.
Ice.
Preparation and service of 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 tasting food.
Packaged and unpackaged food, separation, packaging, and segregation.
Food storage containers, identified with common name of food.
Pasteurized eggs, substitute for raw 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, limitation on use.
Wiping cloths, limitation on use.
Gloves, limitation on use.
Using clean tableware for second portions and refills.
Refilling returnable containers.
Food storage and dispensing.
Food storage and preparation, prohibited areas.
Food preparation.
Food display.
Condiments, protection.
Consumer self-service operations.
Returned food and reservice of food.
Miscellaneous sources of contamination.
Raw animal foods.
Microwave cooking.
Plant food cooking and hot holding.
Parasite destruction.
Records, creation and retention.
Preparation for immediate service.
Reheating for hot holding.
Treating juice.
Frozen food.
Potentially hazardous food (time/temperature control for safety food), slacking.
Thawing.
Cooling.
Cooling methods.
Potentially hazardous food (time/temperature control for safety food), hot and cold holding.
Not ready-to-eat, potentially hazardous food (time/temperature control for safety food), date
marking.
Ready-to-eat, potentially hazardous food (time/temperature control for safety food), date
marking.
Ready-to-eat, potentially hazardous, disposition.
Time as a public health control.
Variance requirement.
7
Formatted: Font: 10 pt
Reduced oxygen packaging criteria.
Honestly presented.
Food labels.
Other forms of information.
Consumption of animal foods that are raw, undercooked, or not otherwise processed to
eliminate pathogens.
Consumer advisory, alcoholic beverages.
Discarding or reconditioning unsafe, adulterated, or contaminated food.
Pasteurized foods, prohibited reservice, and prohibited food.
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EQUIPMENT, UTENSILS AND LINENS
Characteristics.
Cast iron, limitations for use.
Lead, limitations for use.
Copper, limitation for use.
Galvanized metal, limitations for use.
Sponges, limitations for use.
Wood, limitations for use.
Nonstick coatings, limitations for use.
Characteristics, single-service articles.
Equipment and utensils.
Food temperature measuring devices.
Food-contact surfaces.
Clean-in-place equipment.
“V” Threads, limitations.
Hot oil filtering equipment.
Can openers,.
Nonfood-contact surfaces.
Kick plates, removable.
Ventilation hood systems, filters.
Temperature measuring devices for 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.
Bearings and gear boxes, leak-proof.
Beverage tubing, separation.
Ice units, separation of drains.
Molluscan shellfish tanks.
Temperature measuring devices.
Warewashing machine, data plate operating specifications.
Warewashing machines, internal baffles.
Warewashing machines, temperature measuring devices.
Manual warewashing equipment, heaters and baskets.
Warewashing machines, automatic dispensing of detergents and sanitizers.
Warewashing machines, flow pressure devices.
Warewashing sinks and drainboards self-draining.
Equipment compartments, drainage.
Case lot handling apparatuses, movability.
Food equipment, certification and classification.
Cooling, heating, and holding capacities.
Manual warewashing, sink compartment requirements.
Drainboards.
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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.
Warewashing equipment, cleaning frequency.
Warewashing machines, manufacturer’s operating instructions.
Warewashing sinks, limitations.
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.
Single-service and single-use articles, required use.
Single-service and single-use articles, limitations.
Shells, limitations.
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, lubricants.
Equipment.
Equipment, utensils, linens, and single-service and single-use articles.
Prohibitions.
Kitchenware and tableware.
Soiled and clean tableware.
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Preset tableware.
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WATER, PLUMBING AND WASTE
Potable water.
Bottled drinking water.
Alternative water supply
Plumbing.
Cleanable fixtures.
Handwashing sink, installation.
Handwashing sink: use, operation and maintenance.
Systems for potable and non-potable water, backflow prevention.
Conditioning device, design.
Toilets.
Mop sink.
Water reservoir of fogging devices, cleaning.
Drains.
Backflow prevention.
Grease traps.
Grease interceptors.
Disposal of sewage.
Indoor storage area.
Outdoor storage surface.
Outdoor storage area, construction requirements when drain required.
Outdoor enclosure.
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.
Outside storage prohibitions.
Covering receptacles.
Using drain plugs.
Maintaining refuse areas and enclosures.
Cleaning receptacles.
Approved service.
Storing refuse, recyclables and returnables.
PHYSICAL FACILITIES
Indoor surface characteristics.
Outdoor surface characteristics.
Shelves.
Floors, walls, and ceiling.
Floors, walls, and ceilings, utility lines.
Floor and wall junctures, coved, and enclosed or sealed.
Floor carpeting, restrictions and installation.
Floor covering, mats and duckboards.
Wall and ceiling coverings and coatings.
Walls and ceilings, attachments.
Walls and ceilings, studs, joists, and rafters.
Light bulbs, protective shielding.
10
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Formatted: Centered
Ceilings, minimum heighth.
Heating, ventilation, air-conditioning system vents.
Devices to electrocute flying insects.
Toilet rooms, enclosed.
Outer openings, protected.
Exterior walls and roofs, protective barrier.
Private homes and living or sleeping quarters, prohibitions.
Lighting intensity.
Mechanical ventilation.
Dressing areas and lockers.
Handwashing sinks, location and placement.
Employee accomodations, designated areas.
Distressed merchandise, segregation and location.
Repair.
Cleaning, frequency and restrictions.
Cleaning floors, dustless methods.
Cleaning ventilation systems, nuisance and discharge prohibition.
Cleaning maintenance tools, preventing contamination.
Drying mops.
Absorbent materials on floors, limitations.
Cleaning of plumbing fixtures.
Closing toilet room doors.
Using dressing rooms and lockers.
Controlling pests.
Removing dead or trapped birds, insects, rodents, and other pests.
Storing maintenance tools.
Maintaining premises, unnecessary items and litter.
Animals on premises prohibited, exceptions.
Ornamental attractions of water.
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Formatted: Font: 10 pt
PLAN REVIEW
Plan review, when required.
Plan review, specifications.
Plan review, food processing establishment.
Plan review, on-site corrections.
Plan review, fees.
Plan review, expiration.
Plan review, stop work order.
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POISONOUS OR TOXIC MATERIALS
Identifying information, prominence.
Common name.
Separation.
Restriction.
Conditions of use.
Poisonous or toxic material containers.
Chemical sanitizers, criteria.
Chemicals for washing fruits and vegetables, criteria.
Boiler water additives, criteria.
Drying agents, criteria.
Lubricants for equipment, incidental food contact lubricants.
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Rodent bait stations.
Tracking powders, pest control and monitoring.
Restriction and storage.
Refrigerated medicines, storage.
First aid supplies, storage.
Personal care items, storage.
Separation.
HACCP AND OPERATIONAL PLANS
When a HACCP plan is required.
Plan for analyzing the hazards of critical control points.
Food operations requiring approved HACCP plan.
Conducting food processing operations without an approved HACCP plan prohibited.
HACCP plan exemption.
Operational plans, when required.
Operational plans, not transferable.
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BARBECUES
Barbecue, applicable requirements.
Barbecue, operational plan required.
Barbecue, construction of equipment, operation, location, cleaning.
Barbecue, protection from contamination, construction and maintenance of surfaces.
Barbecue, preparation and service of food, attendance by employee required, presence of
customers within certain distances prohibited.
Barbecue, approval of location, factors for consideration.
Barbecue, compliance and enforcement.
BED AND BREAKFAST FACILITIES
Bed and breakfast, applicable requirements.
Bed and breakfast, preparation and service of food.
Bed and breakfast, equipment.
Bed and breakfast, compliance and enforcement.
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Formatted: Centered
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CHILD CARE FACILITIES
Child care facilities, exemption from provisions of NRS 446.
Child care facilities, exemptions from construction and equipment standards.
COTTAGE FOOD OPERATIONS
Cottage food operation, exempt from definition of “food establishment”.
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FARM-TO-FORK EVENTS
Farm-to-fork events, exempt from definition of “food establishment”.
Farm-to-fork events, registration required.
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FARMERS’ MARKETS
Farmers’ markets, applicable requirements.
Farmers’ markets, permit required.
Farmers’ markets, produce stand permit, responsibility of the licensee.
Farmers’ markets, produce stand, fee payment required, late fee.
Farmers’ markets, produce and farm products, issuance of an annual permit.
Farmers’ markets, operation at a temporary food event.
Farmers’ markets, approved source.
Farmers’ markets, poultry and poultry products and meat and meat products.
Farmers’ markets, food storage.
Farmers’ markets, food preparation; prohibitions, exceptions.
Farmers’ markets, produce stands, construction requirements.
Farmers’ markets, toilet facilities.
Farmers’ markets, handwashing facilities.
Farmers’ markets, animals prohibited; exception.
Farmers’ markets, fresh eggs.
Farmers’ markets, compliance and enforcement.
FOOD PROCESSING ESTABLISHMENTS
Food processing establishment, applicable requirements.
Food processing establishments, HACCP plan required.
Food processing establishment, instruction or training of operator when anaerobic process or
result involved.
Food processing establishment, compliance and enforcement.
MOBILE UNITS, PORTABLE UNITS FOR SERVICE OF FOOD, AND
SERVICING AREAS
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GENERAL; MOBILE UNITS AND PORTABLE UNITS FOR SERVICE OF FOOD
Mobile unit, portable unit for service of food, and servicing areas, applicable requirements.
Mobile unit and portable unit for service of food, identification.
Mobile unit and portable unit for service of food, health permit not transferable.
Mobile unit and portable unit for service of food, operation at special event.
Mobile unit and portable unit for service of food, plan review.
Mobile unit and portable unit for service of food, food protection.
Mobile unit and portable unit for service of food, food equipment.
Mobile unit and portable unit for service of food, handwashing and toilet facilities.
Mobile unit and portable unit for service of food, filtering compressed air.
Mobile unit and portable unit for service of food, water supply protective cover device.
Mobile unit and portable unit for service of food, water storage tank design.
Mobile unit and portable unit for service of food, liquid waste retention and disposal.
Mobile unit and portable unit for service of food, personnel.
Mobile unit and portable unit for service of food, garbage.
Mobile unit and portable unit for service of food, storage.
Mobile unit, portable unit for service of food, and servicing areas, compliance and enforcement.
SERVICING AREAS
Servicing area, approval and operation.
Servicing area, construction.
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Servicing area, change in location.
Servicing area, fee for change in location.
MOBILE UNIT
Mobile unit, food and food preparation.
Mobile unit, water supply.
Mobile unit, construction requirements.
PORTABLE UNIT FOR SERVICE OF FOOD
Portable unit for service of food, menu restriction by type of unit.
Portable unit for service of food, food handling and preparation restrictions.
Portable unit for service of food, water supply.
Portable unit for service of food, construction requirements.
Portable unit for service of food, wastewater handling.
Portable unit for service of food, operation on pool decks.
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OUTDOOR FOOD ESTABLISHMENTS
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Outdoor food establishment, applicable requirements.
Outdoor food establishment, permit to operate.
Outdoor food establishment, conditions for use.
Outdoor food establishment, plan submittal.
Outdoor food establishment, general construction requirements.
Outdoor food establishment, location.
Outdoor food establishment, operational plan required.
Outdoor food establishment, food.
Outdoor food establishment, equipment cleaning.
Outdoor food establishment, food handler required.
Outdoor food establishment, food preparation by consumer.
Outdoor food establishment, compliance and enforcement.
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TEMPORARY FOOD ESTABLISHMENTS
Temporary food establishment and special event. applicable requirements.
Special event, application for permit to operate.
Temporary food establishment, application for permit to operate.
Special event, permit to operate.
Temporary food establishment, permit to operate.
Temporary food establishment, permit exemptions.
Special event, fee.
Temporary food establishment, fee.
Temporary food establishment, cumulative maximum fee.
Special events, fee for annual sampling permit.
Temporary food establishment, fee for low-risk foods.
Temporary food establishment, limited fee for nonprofit organizations.
Temporary food establishment and annual sampling operation, reinspection fee.
Temporary food establishment and special event, food source.
Temporary food establishment, labeling of certain food.
Temporary food establishment, alcohol consumption while pregnant.
Temporary food establishment and special event, food cooking, holding, and service equipment.
Temporary food establishment, temperature measuring device required.
Temporary food establishment, construction requirements.
Temporary food establishment, access limited to permit holder or employees.
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Temporary food establishment, thawing of potentially hazardous food (time/temperature
control for safety food).
Temporary food establishment, hot and cold holding.
Temporary food establishment, reheating and cooling.
Temporary food establishment, food protection.
Temporary food establishment and special event, handwashing facilities.
Temporary food establishment and special event, utensil and equipment cleaning and sanitizing.
Temporary food establishment and special event, potable water.
Temporary food establishment and special event, liquid waste.
Temporary food establishment and special event, grease and cooking oil waste.
Temporary food establishment and special event. non-sewered toilets.
Temporary food establishment and special event, non-sewered toilets, handwashing facilities
required.
Temporary food establishment and special event, solid waste.
Temporary food establishment, operation without permit issued by Health Authority.
Temporary food establishment and special event, inspections.
Temporary food establishment, examination and condemnation of food.
Temporary food establishment and special event, compliance and enforcement.
Temporary food establishment and special event, suspension or revocation of permit and
reinstatement.
Temporary food establishment, failure to comply.
Temporary food establishment, interference with performance of duty.
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VENDING MACHINES
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Vending machines, applicable requirements.
Vending machines, permit to operate.
Vending machines, identification.
Vending machines, construction.
Vending machiens, automatic shutoff.
Vending machines, can openers.
Vending machines, receptacles for trash.
Vending machines, potentially hazardous food (time/temperature control for safety food).
Vending machines, containers for storage of food.
Vending machines, receipt and removal of bulk food.
Vending machines, quality and supply of food.
Vending machines, materials.
Vending machines, compliance and enforcement.
MISCELLANEOUS PROVISIONS
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Emergencies.
Resumption of operations.
No smoking signs.
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COMPLIANCE AND ENFORCEMENT
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Preventing health hazards, provisions for conditions not addressed.
Unlawful to interfere with the Health Authority.
Inspection frequency.
Health Authority allowed to examine records.
Health Authority allowed entry to perform inspections.
Health Authority to issue a written inspection report.
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Health Authority to provide specific information when violations noted on written inspection
report.
Violations, shared facilities.
Examination and condemnation of food, hold orders.
Food establishment outside jurisdiction of Health Authority.
Sampling and testing.
Grade of food establishments.
Grading of food establishments.
Refusal to sign acknowledgement.
Requirement to abate violations in time specified.
Notice, suspension and revocation of permits.
Creation of the Food Protection Hearing and Advisory Board.
Make-up of the Food Protection Hearing and Advisory Board.
Food Protection Hearing and Advisory Board, quorum for hearings.
Time and place of formal hearing conducted by the Food Protection Hearing and Advisory
Board.
Hearings, appeals.
Variance, conditions for approval.
Variances, documentation and justification.
Failure to comply.
Penalties and prosecution.
Formatted: Font: 10 pt
SEVERABILITY
Severability.
Formatted: Centered
Formatted: Font: 10 pt
16
AUTHORITY
Whereas, unsanitary conditions in food establishments constitute a serious hazard to the
public health, safety and welfare; and
Whereas, the Nevada Revised Statutes, particularly NRS 439.130, 439.150, 439.200,
444.350, 585.300, 585.310, and 585.350, and Chapter 446, authorize and require the
regulation of sanitation of food establishments,
Now, therefore, the Washoe County District Board of Health does hereby adopt the
following Regulations of the Washoe County District Board of Health Governing Food
Establishments on September 27, 2007. Approved by the Nevada State Board of Health
on December 7, 2007.
17
THE REGULATIONS
OF THE
WASHOE COUNTY DISTRICT BOARD OF HEALTH
GOVERNING FOOD ESTABLISHMENTS
SECTION 010
DEFINITIONS
GENERALeneral.
As used in these regulations, unless the context otherwise requires, the words and terms set forth in sections
010.002 through 010.165 have the meanings ascribed to them in those sections.
Sec. 1
“Accessible” defined. “Accessible” means:
A. When applied to equipment; fabricated to be exposed for cleaning and inspection using simple
tools such as hand-held screwdrivers, pliers, and open-end wrenches.
B. When applied to plumbing fixtures, connections, appliances or equipment; having access thereto,
but which first may require the removal of an access panel, door, or similar obstruction.
Formatted: Indent: Left: 0.31", Space After:
6 pt, Numbered + Level: 1 + Numbering Style:
A, B, C, … + Start at: 1 + Alignment: Left +
Aligned at: 0.25" + Indent at: 0.5", Tab
stops: 0.56", Left + Not at 1.25"
C. Not blocked by equipment or other barrier.
Sec. 2
010.002
ACCREDITION
Means that an accrediting organization has reviewed a Food Protection Manager
Certification Program and has verified that it complies with the Standards for Accreditation
of Food Protection Manager Certification Programs developed by the Conference for Food
Protection (CFP).
Sec. 3
010.003
ACCREDITING ORGANIZATION
“Accrediting organization” defined. “Accrediting organization” Mmeans an independent organization
that determines whether a Ffood Pprotection Mmanager Ccertification Pprogram meets the standards
developedset by the (CFP).
Formatted: Font: Bold
Formatted: Indent: Left: 0"
Sec. 4
010.005
ADULTERATED FOOD
“Adulterated food” defined. “Adulterated food” has the meaning ascribed in Nevada Revised Statutes
(NRS) 585.300 through 585.310. A food shall be deemed adulterated if:
Formatted: Indent: Left: 0", Space After: 6
pt
Formatted: Font: Not Bold
18
1A. It bears or contains any poisonous or deleterious substance which may render it injurious to
health unless the substance is not an added substance and the quantity of the substance does not
ordinarily render it injurious to health;
Formatted: Indent: Left: 0.31", Hanging:
0.25", Space Before: 6 pt, After: 6 pt
2B. It consists in whole or in part of a diseased, contaminated, filthy or decomposed substance, or if it
is otherwise unfit for food;
3C. It has been produced, prepared, packed or held under unsanitary conditions whereby it may have
become contaminated with filth or rendered diseased, unwholesome or injurious to health;
4D. It is the product of an animal which is diseased, died otherwise than by slaughter or was fed upon
the uncooked offal from a slaughterhouse;
5E. Its container is composed, in whole or in part, of any poisonous or deleterious substance, which
may render the contents injurious to health;
6F. It bears or contains any color additive, which is unsafe within the meaning of the Federal Act;
7G. Any valuable constituent has been in whole or in part omitted or abstracted there from;
8H. Any substance has been substituted wholly or in part therefore;
9I. Damage or inferiority has been concealed in any manner; or
J.
Any substance has been added thereto or mixed or packed therewith so as to increase bulk or
weight or reduce its quality or strength, or make it appear better or of greater value than it is.
Formatted: Space Before: 6 pt, After: 6 pt
Sec. 5
010.010
Formatted: Space Before: 6 pt
APPROVED
“Approved” defined. “Approved” means Aacceptable to the Health Authority based on a determination of
conformity with principles, practices and generally recognized standards that protect public health.
Formatted: Space Before: 6 pt, After: 6 pt
Sec. 6
Formatted: Space Before: 6 pt
“Asymptomatic” defined.
A. "Asymptomatic" means without obvious symptoms; not showing or producing indications of a
disease or other medical condition, such as a person infected with a pathogen but not exhibiting
or producing any signs or symptoms of vomiting, diarrhea, or jaundice.
B.
"Asymptomatic" also includes persons not showing symptoms because symptoms have resolved
or subsided, or because symptoms never manifested.
Sec. 7
"aw" defined. “aw” means the symbol for water activity.
Sec. 8
"Balut" defined. “Balut” means an embryo inside a fertile egg that has been incubated for a period
sufficient for the embryo to reach a specific stage of development after which it is removed from incubation
before hatching.
Sec. 9
19
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.6"
Formatted: Body Text, Indent: Left: 0.26",
Space After: 0 pt, Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.3" + Indent
at: 0.6"
Formatted: Font color: Blue
“Barbecue” defined. “Barbecue” means an area or facility at a food establishment, other than the main
area for preparing food that has equipment for cooking food.
Sec. 10
010.012
BED AND BREAKFAST ESTABLISHMENT
A single-family dwelling containing no more than five guest rooms (no cooking facilities
in guest rooms) where, for compensation, meals and lodging are provided.
Sec. 10A
“Bed and breakfast facility” defined. “Bed and breakfast facility” means a commercial home offering bed
and breakfast accommodations to one (1) or more persons.
Sec. 11
"Beverage" defined. “Beverage” means a liquid for drinking, including water.
Sec. 12
“Board of Health” defined. “Board of Health” means the District Board of Health of the Washoe County
Health District created pursuant to Chapter 439 of the Nevada Revised Statutes and by the interlocal
agreement of the City of Reno, the City of Sparks, and the County of Washoe, Nevada.
Sec. 13
"Bottled drinking water" defined. “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.
Sec. 14
“Bulk food” defined. “Bulk food” means processed or unprocessed food in aggregate containers from
which quantities desired by the customer are withdrawn. The term includes a self-service operation.
Sec. 15
"Casing" defined. “Casing” means a tubular container for sausage products made of either natural or
artificial (synthetic) material.
Sec. 16
“Caterer” defined. “Caterer” means an approved food establishment that is capable of serving or
preparing food at a location other than its primary location.
Sec. 17
"Certification number" defined. "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.
20
Sec. 18
010.013
CERTIFIED FOOD PROTECTION MANAGER
Means a person certified in compliance with Sections 015.119, 015.125 and 015.142 of
these regulations.
Sec. 19
010.014
CERTIFIED FOOD PROTECTION INSTRUCTOR
Means a person certified in compliance with Sections 015.165, 015.168 and 015.180 of these regulations to
conduct Food Protection Manager Training and Certification courses within the Health District.
Formatted: Not Highlight
Sec. 20
“Certified Food Protection Manager” defined. “Certified Food Protection Manager” means a person
who has demonstrated by means of a food safety certification examination to a certification organization
that they have the knowledge, skills, and abilities required to protect the public from foodborne disease.
Sec. 21
010.145
CERTIFICATION ORGANIZATION
“Certification organization” defined. “Certified organization” Mmeans an organization that provides an
accredited certification program for Ffood Pprotection Mmanager Ccertification, including a recognized
examination, and issues a certificate for passage of the examination.
Formatted: Indent: Left: 0", First line: 0"
Sec. 22
010.147
CFP
“CFP” defined. “CFP”Iis the acronym for the Conference for Food Protection.
Sec. 23
“Child care facility” defined. “Child care facility” means a facility as defined in the Washoe County
Department of Social Services Regulations for Child Care Facilities.
Sec. 24
“Cleaned-in-place” defined. “Cleaned-in-place” means:
A. 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.
B. Cleaned-in-place does not include the cleaning of equipment such as band saws, slicers, or
mixers that are subjected to in-place manual cleaning without the use of a cleaned-in-place
system.
Sec. 25
010.015
CLOSED
21
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.76"
“Closed” defined. “Closed” means Ffitted together snugly, leaving no openings large enough to permit the
entrance of vermin.
Sec. 26
"Commingle" defined. “Commingle” means:
A. To combine shellstock harvested on different days or from different growing areas as identified
on the tag or label; or
B. “Commingle” means to combine shucked shellfish from containers with different container codes
or different shucking dates.
“Communicable disease” defined. “Communicable disease means a disease which is caused by a specific
infectious agent or its toxic products, and which can be transmitted, either directly or indirectly, from a
reservoir of infectious agents to a susceptible host organism. Communicable diseases are those listed in
NAC 441A.040.
Sec. 27
“Comminuted” defined. “Comminuted” means:
A. To reduce in size by methods including chopping, flaking, grinding, or mincing.
B. "Comminuted" includes fish or meat products that are reduced in size and restructured or
reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of two (2) or
more types of meat that have been reduced in size and combined, such as sausages made from
two (2) or more meats.
Sec. 28
010.017
COMMISSARY
An approved food establishment where food, food containers or other supplies are stored,
prepared, portioned, handled or packaged for service elsewhere in a mobile food unit or
pushcart.
Sec. 29
"Conditional employee" defined. "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.
Sec. 30
"Confirmed disease outbreak" defined. "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.
Sec. 31
010.0178
CONSUMER
22
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
Formatted: Indent: Left: 0", First line: 0"
“Consumer” defined. “Consumer” Mmeans 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 establishment or food processing
establishment, and does not offer food for resale.
Sec. 32
010.018
CONTROL
“Control” defined. “Control” Mmeans to manage the operations of a food establishment to maintain
compliance with established food protection standards, applicable laws and regulations. The state where
correct procedures are being followed and compliance is being met.
Sec. 33
010.019
CONTROL POINT
“Control point” defined. “Control point” Mmeans any point or procedure at which a biological, chemical,
or physical hazard can be controlled.
Sec. 34
010.020
CORROSION-RESISTANT MATERIAL
Material which maintains its original surface characteristics under prolonged exposure to
food, cleaning compounds and sanitizing solutions, which may contact it.
Sec. 34A
"Corrosion-resistant" defined. "Corrosion-resistant" 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.
Sec. 35
"Counter-mounted equipment" defined. "Counter-mounted equipment" means equipment that is not
portable and is designed to be mounted off the floor on a table, counter, or shelf.
Sec. 36
010.0205
CRITICAL CONTROL POINT
“Critical control point” defined. “Critical control point” Mmeans a point or procedure in a specific food
system at which control can be applied to prevent or eliminate a food safety hazard or reduce it to an
acceptable level where loss of control may result in an unacceptable health risk.
Sec. 37
“Critical item” defined. "Critical item" means a provision of these regulations that, if in noncompliance, is
more likely than other violations to contribute to food contamination, illness, or environmental health
hazard.
23
Sec. 38
"Critical limit" defined. "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.
Sec. 39
“Cut leafy greens” defined. “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 leaf 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.
Sec. 40
010.021
DIRECT SUPERVISION
“Direct supervision” defined. “Direct supervision” Mmeans the training and supervision of a designated
person-in-charge, by a Certified Food Protection Manager/Certified Food Service Manager, to operate a
permitted food establishment in compliance with all applicable laws and regulations pertaining to food
when the Certified Food Protection Manager/Certified Food Service Manager is absent from the food
establishment.
Sec. 41
"Disclosure" defined. "Disclosure" means a written statement that clearly identifies the animal-derived
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.
Sec. 42
“Donated game animals” defined. “Donated game animals” means any game animals that are processed
in an approved facility which are given as a gift, grant or contribution; a donation which is not affected or
restricted by any given condition, circumstance or monetary means.
Sec. 43
"Dry storage area" defined. "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.
Sec. 44
010.025
EASILY CLEANABLE
Readily accessible, of such material and finish, and so fabricated, that residue may be
completely removed by normal cleaning methods.
24
Sec. 44A
“Easily cleanable” defined. “Easily cleanable” means a characteristic of a surface that:
A. Allows effective removal of soil by normal cleaning methods;
B. Is dependent on the material, design, construction, and installation of the surface; and
C. 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.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.3" + Indent
at: 0.55"
Sec. 45
"Easily movable" defined. "Easily movable” means:
A. Portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely
tilt a unit of equipment for cleaning; and
B. Having 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.
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Sec. 46
“Egg” defined.
A. “Egg” means the shell egg of avian species such as chicken, duck, goose, guinea, quail, ratites or
turkey.
B. "Egg" does not include:
1.
A balut;
2.
The egg of reptile species such as alligator; or
3.
An egg product.
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Indent
at: 0.75"
Sec. 47
“Egg product” defined.
A. “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.
B. "Egg product" does not include food which contains eggs only in a relatively small proportion
such as cake mixes.
Sec. 48
010.026
ELEMENT OF KNOWLEDGE
Means the specific skills and knowledge necessary for a Food Protection Manager to perform in a
minimally competent manner.
Sec. 49
25
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
010.027
EMPLOYEE
Means any individual having supervisory or management duties, or any other person
working in a food establishment or temporary food establishment.
Sec. 49A
"Employee" defined. "Employee" means the permit holder, person-in-charge, food employee, 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 establishment.
Sec. 50
"EPA" defined. "EPA" means the U.S. Environmental Protection Agency.
Sec. 51
010.030
EQUIPMENT
All stoves, ranges, hoods, meat blocks, tables, counters, refrigerators, sinks, dishwashing
machines, steam tables and similar items other than utensils, used in the operation of food
establishment.
Sec. 52
“Equipment” defined.
A. "Equipment" means an article that is used in the operation of a food 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.
B. "Equipment" does not include apparatuses 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.
Sec. 53
010.031
EVENT PROMOTOR
“Event promoter” defined. “Event promoter” Mmeans a person, firm, association or corporation licensed
by the county commission or city council to conduct a special event or activity.
Sec. 54
010.0315
EXAMINATION ADMINISTRATOR
Means the individual at the examination site who has the ultimate responsibility for conducting a
recognized examination. An examination administrator must have training, documented
successful experience, or a combination of experience and training in examination
26
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
administration and security procedures. The examination administrator must provide
written assurance of maintaining confidentiality of test contents and of adherence to
standards and ethics of secure examination administration. Responsibilities include, but are
not limited to:
1.
Verifying that the contents of the examination materials shipment matches the
packing list;
2.
Assuring that the site conforms to the requirements set forth by the certifying
organization;
3.
Training and supervising monitors/proctors;
4.
Assuring accurate identification of examinees;
5.
Adhering to all procedures and instruction in the examination administration manual;
6.
Maintaining security of examination materials;
7.
Assuring compliance with procedures for handling any breaches of security that may
occur.
8.
Handling of completed examinations;
9.
Maintaining confidentiality of candidate scores, and performing such unspecified
duties as may be required for safe and secure administration of examination.
Sec. 55
"Exclude" defined. “Exclude” means to prevent a person from working as an employee in a food
establishment or entering a food establishment as an employee.
Sec. 56
“Extensively remodeled” defined. “Extensively remodeled” means the construction, building, repair or
alteration of, or installation of new equipment in a food establishment which requires a permit from the
Health Authority or local building department.
Sec. 57
“Family child care home” defined. “Family child care home” means a home as defined in the Washoe
County Department of Social Services Regulations for Child Care Facilities.
Sec. 58
010.032
FARM PRODUCTS
“Farm products” defined. “Farm products” Iincludes all agricultural, horticultural, viticultural and
vegetable products of the soil, poultry and poultry products, livestock and livestock products and hay. The
term does not include timber products or milk and milk products. (NRS 576.0155).
27
“Farm-to-fork” defined. “Farm-to-fork” means an event organized on a farm where prepared food is
provided for immediate consumption to paying guests and that meets the requirements of these regulations.
Formatted: Font: Bold
Formatted: Indent: Left: 0", First line: 0"
Sec. 59
010.034
FARMERS’ MARKET
“Farmers’ market” defined. “Farmers’ market” Mmeans a place of business where the actual producer of
farm products can bring products for direct sale to consumers. The term includes a place of business where
a person rents space to producers for the sale of farm products.
Sec. 60
"FDA" defined. “FDA” means the U.S. Food and Drug Administration.
Sec. 61
“Fish” defined.
A. "Fish" means fresh or saltwater fin-fish, 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.
Formatted: Indent: Left: 0.3", Hanging:
0.26"
B. "Fish" includes an edible human food product derived in whole or in part from fish, including
fish that have been processed in any manner.
Sec. 62
010.035
FOOD
“Food” defined. “Food” Mmeans any food, drink, confection or beverage, or any component in the
preparation orf manufacture thereof, intended for ultimate human consumption, stored, being prepared or
manufactured, displayed, offered for sale, sold, or served in a food establishment or temporary food
establishment (NRS 446.017).
For the purpose of these regulations, water and ice served or offered in a food establishment, dietary
supplements not intended for use as drugs, and chewing gum, are considered food.
Sec. 63
"Food additive" defined. “Food additive” means any substance, the intended use of which results directly
or indirectly, in it’s becoming a component or otherwise affecting the characteristics of food.
A. "Food additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(s)
and 21 CFR 170.3(e)(1).
B. "Color additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(t)
and 21 CFR 70.3(f).
Sec. 64
010.040
FOOD CONTACT SURFACES
28
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
Surfaces of equipment and utensils with which food normally comes in contact, and
surfaces with which food may come in contact and drain back onto surfaces normally in
contact with food.
Sec. 64A
"Food-contact surface" defined. “Food-contact surface” means:
A. A surface of equipment or a utensil with which food normally comes into contact; or
B. A surface of equipment or a utensil from which food may drain, drip, or splash:
1.
Into a food; or
2.
Onto a surface normally in contact with food.
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.3" +
Indent at: 0.55"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Indent
at: 0.75"
Sec. 65
"Food employee" defined. “Food employee” means a person working with unpackaged food, food
equipment or utensils, or food-contact surfaces.
Sec. 66
010.045
FOOD ESTABLISHMENT
“Food establishment” defined.
Formatted: Font: Bold
A. Except as otherwise limited by Subsection B in this section, “food establishment” means Aany
place, structure, premise, vehicle or vessel, or any part thereof, in which any food intended for
ultimate human consumption is manufactured or prepared by any manner or means whatever, or
in which any food is sold, offered or displayed for sale, or served. (NRS 446.020).
B. The term Food establishment does not include:
1.
A pPrivate home, unless the food prepared or manufactured in the home is sold, or offered or
displayed for sale or for compensation or contractual consideration of any kind;.
2.
Fraternal or social clubhouses, attendance at which attendance is limited to club members of
the club;.
3.
Vehicles operateding on by common carriers engaged in interstate commerce;.
4.
Any establishment in which Premises on which religious, charitable and other nonprofit
organizations sell food occasionally for the purpose of to raiseing money funds or oin which
charitable organizations receive salvaged food in bulk quantities for the purpose of free
distribution, unless the establishment is open on a regular basis to sell food to members of
the general public;.
5.
Any slaughter establishment,where animals are slaughtered which is regulated and inspected
by the sState dDepartment of aAgriculture;.
6.
Dairy farms and plants which produce process milk and products of milk or frozen desserts
which are regulated under Chapter 584 of NRS; or
7.
The premises of a wholesale dealer of alcoholic beverages licensed under Chapter 369 of
NRS who handles only alcoholic beverages which are in sealed in containers;.
8.
A cottage food operation that meets the requirements of these regulations; or
29
Formatted: Indent: Hanging: 0.24"
9.
A farm for purposes of holding a farm-to-fork event that meets the requirements of these
regulations.
Sec. 67
010.050
FOOD ESTABLISHMENT UNDERGOING REMODELING
“Food establishment undergoing remodeling” defined. “Food establishment undergoing remodeling”
Mmeans any food establishment, which changes the floor plans or the structure of the building that houses
the operation and/or a food establishment, which changes its food handling operations.
Sec. 68
010.055
FOOD HANDLER
“Food handler” defined. “Food handler” means:
1A. Any person employed in or operating a food establishment, temporary or permanent, whether that
person is an employer, employee, or other person who handles, stores, transports, prepares,
manufactures, serves or sells food, or who comes in contact with eating or cooking utensils or
other equipment used in the handling, preparation, manufacture, service or sale of food.
Formatted: Indent: Left: 0.31", Space
Before: 6 pt, After: 6 pt
2B. The term does not include a person who only handles, stores, transports, sells or otherwise comes
in contact with food that is permanently sealed or packaged for sale directly to the consumer and
who, if the food is potentially hazardous food, handles the food only occasionally or incidentally
outside the normal and usual course and scope of his responsibilities or employment.
Formatted: Indent: Left: 0.31", Space
Before: 6 pt
Sec. 69
“Food preparation” defined. “Food preparation” means processing, cutting, mixing, mincing, assembling,
portioning, or any operation that changes the form, flavor, or consistency of food but does not include
trimming of produce.
Sec. 70
“Food processing establishment” defined. “Food processing establishment” means a commercial
establishment in which food is processed or otherwise prepared and packaged for human consumption. The
term includes any establishment that:
A. Processes:
1.
Vitamins;
2.
Food supplements;
3.
Food additives;
4.
Spices;
5.
Tea;
6.
Coffee;
7.
Salsa;
8.
Jelly or jam;
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Indent
at: 0.75"
30
9.
Condiments; or
10. Candy; or
B. Cans food or packages food in packaging with a modified atmosphere.
Sec. 71
010.0555
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
FOOD PROTECTION HEARING AND ADVISORY BOARD
“Food Protection Hearing and Advisory Board” defined. “Food Protection Hearing and Advisory
Board” means the A group of individuals appointed by the Washoe County District Board of Health to
serve, as needed, when an appeal or variance hearing is required by these regulations.
Sec. 72
010.056
FOOD PROTECTION INSTRUCTOR CERTIFICATE
Means a certificate issued by the Health Authority, indicating the holder of the certificate has demonstrated
a satisfactory level of training and competency to perform the functions of a Certified Food Protection
Instructor.
Sec. 73
010.057
FOOD PROTECTION MANAGER CERTIFICATE
“Food Protection Manager certificate. “Food Protection Manager certificate” Mmeans a certificate
issued by the Health Authoritycertification organization, indicating the holder of the certificate has
demonstrated a satisfactory level of training and competency to perform the functions of a Certified Food
Protection Manager.
“Foodservice trailer” defined. “Foodservice trailer” means a portable unit for service of food designed to
be towed on public roads, and having an enclosed area for storage, handling, or preparation of food. Such
units shall be permitted as portable units for service of food under the category foodservice trailer.
“Foodborne disease” defined. “Foodborne disease” means an illness caused by the consumption of
contaminated food.
Sec. 74
"Foodborne disease outbreak" defined. “Foodborne disease outbreak” means the occurrence of two or
more cases of a similar illness resulting from the ingestion of a common food.
Sec. 75
010.575
FOODBORNE ILLNESS
A disease or injury occurring in any person as a result of consuming adulterated food.
31
Formatted: Indent: Left: 0", First line: 0"
Sec. 76
010.058
FULL TIME
“Full-time” defined. “Full-time” Mmeans 30 hours per week or the length of time the food establishment
is in operation, whichever is less.
Sec. 77
“Game animal” defined:
A. "Game animal" means an animal, the products of which are food, that is not classified as
livestock, sheep, swine, goat, horse, mule, or other equine or as poultry, or fish.
B. "Game animal" includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison,
rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land
snakes.
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
C. "Game animal" does not include ratites.
Sec. 78
“Garbage” defined. “Garbage” means putrescible animal and vegetable waste resulting from the handling,
storage, preparation, cooking, sale and serving of food and beverage. This includes, but is not limited to:
A. Offal, swill, kitchen and table waste, and other organic animal and vegetable waste;
A.B.
Bottles, cans, cups, plates, utensils, containers, and any other materials that have been in
direct contact with a food or beverage; and
C. Components used in the preparation or manufacture of food intended for animal or human
consumption.
Sec. 79
“General-use pesticide” defined. “General-use pesticide” means a pesticide that is not classified by EPA
for restricted use.
“Golf cart-style food unit” defined. “Golf cart-style food unit” means a very small, motorized vehicle,
including golf carts and similar vehicles, used to transport and serve food or beverages at various locations
inside large buildings or on large tracts of land including but not limited to golf courses. Such units shall be
permitted as portable units for service of food under the category golf cart-style food unit.
Sec. 80
“Grade A standards” defined. “Grade A standards” means the requirements of the United States Public
Health Service/FDA “Grade A Pasteurized Milk Ordinance” with which certain fluid and dry milk and milk
products comply.
Sec. 81
32
Formatted: Indent: Left: 0.31", Space After:
6 pt, Numbered + Level: 1 + Numbering Style:
A, B, C, … + Start at: 1 + Alignment: Left +
Aligned at: 1" + Indent at: 1.25", Tab stops:
0.56", Left + Not at 1.25"
Formatted: Indent: Left: 0.31", Tab stops:
0.56", Left + Not at 0.5"
“Group child care home” defined. “Group child care home” means a home as defined in the Washoe
County Department of Social Services Regulations for Child Care Facilities.
Formatted: Font: Not Bold
Sec. 82
010.059
HACCP
“HACCP” defined. “HACCP” Iis the acronym for Hazard Analysis Critical Control Point and means a
systematic approach to the identification, evaluation, and control of food safety hazards.
Sec. 83
010.0593
HACCP PLAN
“HACCP plan” defined. “HACCP plan” Mmeans the a written document that delineates the formal
procedures for following the HACCP hazard analysis and critical control point principles developed by the
National Advisory Committee on Microbiological Criteria for Foods to include pertinent critical items and
critical limits.
Sec. 84
010.0595
HAACP SYSTEM
“HACCP system” defined. “HACCP system” Mmeans the result of the implementation of a HACCP
Pplan.
Sec. 85
“Handwashing sink” defined:
Formatted: Font: Bold
A. "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 the washing of the hands.
B. "Handwashing sink" includes an automatic handwashing facility.
Sec. 86
010.0597 HAZARD
“Hazard” defined. “Hazard” Mmeans a biological, chemical, or physical property that may cause an
unacceptable consumer health risk.
Sec. 87
010.0598
HAZARD ANALYSIS
“Hazard analysis” defined. “Hazard analysis” Mmeans the process of collecting and evaluating
information on hazards associated with food to decide which are significant and must be addressed in a
HACCP Plan.
33
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.71"
Sec. 88
010.060
HEALTH AUTHORITY
“Health Authority” defined. “Health Authority” means Tthe officers and agents of the Washoe County
District Board of Health.
Sec. 89
010.062
HEALTH DISTRICT
“Health District” defined. “Health District” means Tthe Washoe County Health District created pursuant
to NRS 439 and the interlocal agreement of the City of Reno, the City of Sparks, and the County of
Washoe, Nevada. It includes all the incorporated cities and unincorporated areas within the geographic
boundaries of Washoe County, Nevada.
Sec. 90
“Health practitioner” defined. “Health practitioner” means a physician licensed to practice medicine, or
if allowed by law, a nurse practitioner, physicians assistant, or a person with similar qualifications.
Sec. 91
010.065
HERMETICALLY SEALED CONTAINER
“Hermitically sealed container” defined. “Hermitically sealed container” means Aa container that is
designed and intended to be secure against the entry of microorganisms and, in the case of low-acid canned
foods, to maintain the commercial sterility of its contents after processing.
Sec. 92
“Highly susceptible population” defined. “Highly susceptible population” means persons who are more
likely than other people in the general population to experience foodborne disease because they are:
A. Immunocompromised; preschool age children, or older adults; and
B. 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.
“Indoor foodservice cart” defined. “Indoor foodservice cart” means a portable unit for service of food
operated only at locations clearly identified in the permit application, and must be within a building having
restroom facilities that are accessible during all hours of operation.
Sec. 93
“Injected” defined. “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.”
34
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Sec. 94
010.066
JOB ANALYSIS
Means the description of functions of tasks required for an individual to perform to entry level standards in
a specific job or occupation, including information about attributes required for that performance. It defines
the performance dimension of a job and includes knowledge, skills and abilities necessary to carry out the
tasks.
1.
2.
Tasks are the individual functions, whether mental or physical, necessary to carry out an aspect
of a specific job.
Knowledge, skills and abilities (KSA’s) include the information and other attributes that the
worker must possess in order to perform effectively and safely. They include information and
understanding as well as learned behaviors and natural attributes.
Sec. 95
“Juice” defined:
Formatted: Font: Bold
A. "Juice" means the aqueous liquid expressed or extracted from one (1) or more fruits or
vegetables, purées of the edible portions of one (1) or more fruits or vegetables, or any
concentrates of such liquid or purée.
B. "Juice" does not include, for purposes of HACCP, liquids, purées, or concentrates that are not
used as beverages or ingredients of beverages.
Sec. 96
010.070
KITCHENWARE
All utensils, other than tableware and single service utensils, used in the storage,
preparation, conveying or serving of food.
Sec. 96A
“Kitchenware” defined. “Kitchenware” means food preparation and storage utensils.
Sec. 97
“Law” defined. “Law” means applicable local, State, and Federal statutes, regulations and ordinances.
Sec. 98
“Linens” defined. “Linens” means fabric items such as cloth hampers, cloth napkins, table cloths, wiping
cloths, and work garments including cloth gloves.
Sec. 99
010.073
MOBILE FOOD DEPOT
35
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.75"
An approved location where the mobile food unit is serviced and stored when not in
operation.
Sec. 100
010.074
LIQUID WASTE
“Liquid waste” defined. “Liquid waste” means Aa waste material which is not spadeable. (WCDBOH
Regulations Governing Solid Waste Management Section 010.325)
“Low-risk food” defined. “Low-risk food” means food that presents very low risk of causing foodborne
disease when handled in specific ways as approved by the Health Authority. Examples include, but are not
limited to:
A. Open containers of pasteurized or ultra-pasteurized milk or similar liquid dairy products which
are maintained at 41°F or lower, to be steamed for immediate use in espresso-type beverages.
B. Ultra-pasteurized half-and-half, or similar coffee creamers in single-serving hermetically sealed
containers.
C. Prepackaged ice cream bars, and other frozen dairy products which are served without the need
for a dipper well.
D. Commercially packaged hot dogs heated for warm holding shall be held at no less than 135°F
until served.
E. Nuts, high-sugar candy, honey, cookies, bread, beef jerky, unsliced melons, and intact raw fruit.
Sec. 101
“Major food allergen” defined. “Major food allergen” means:
A. Milk, egg, fish such as bass, flounder, cod, crab, lobster or shrimp; tree nuts such as almonds,
pecans, or walnuts; wheat, peanuts, and soybeans; or
B. A food ingredient that contains protein derived from a food, as specified in Subsection A of this
definition.
C. "Major food allergen" does not include any highly refined oil derived from a food specified in
Subsection A of this definition and any ingredient derived from such highly refined oil.
Sec. 102
“Meat” defined. “Meat” means the flesh of animals used as food including the dressed flesh of cattle,
swine, sheep, or goats and other edible animals, except fish, poultry, and wild game animals.
Sec. 103
“mg/L” defined. “mg/L” means milligrams per liter, which is the metric equivalent of parts per million
(ppm).
Sec. 104
010.0745
MISBRANDED
36
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
“Misbranded” defined. “Misbranded” Mmeans the presence of any written, printed or graphic matter,
upon or accompanying food or containers of food, which is false or misleading or which violates any
applicable state or local labeling requirements. (NRS 446.053)
Sec. 105
010.075
MOBILE FOOD UNIT
A vehicle mounted food service establishment, which is readily movable.
Sec. 105A
“Mobile unit” defined. “Mobile unit” means any vehicle operating from an approved servicing area in
which food, beverages, frozen desserts or dairy products and mixes are prepared, processed or converted
for human consumption and which is used to sell and dispense food and beverages to customers. The term
includes full service “hot” trucks and limited service “ice cream” trucks. The term does not include any
portable unit for service of food.
Formatted: Indent: Left: 0", First line: 0"
Sec. 106
“Molluscan shellfish” defined. “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.
Sec. 107
010.076
MONITOR
“Monitor” defined. “Monitor” Mmeans an authorized agent of the program sponsor who ensures the
security of the recognized examination and verifies the identity of candidates taking the examination.
Sec. 109
“Natural and unprocessed state” defined. “Natural and unprocessed state” means that an agricultural
product of the soil is not cut, sliced, breached, shelled, canned, cooked, pickled, sealed, packaged, dried,
milled, ground or otherwise altered from its original state after being harvested.
Sec. 110
010.080
NEW FOOD ESTABLISHMENT
“New food establishment” defined. “New food establishment” means Aany food establishment beginning
operation at a location, which is newly constructed for that purpose or a food establishment beginning
operation in any pre-existing structure.
“Nonprofit organization” defined. “Nonprofit organization” means an entity which desires to be eligible
for the nonprofit fee as defined in these regulations and meets the requirements of NRS chapter 82 or which
has tax exempt status recognized by the Internal Revenue Service.
37
Formatted: Font: Bold
Formatted: Space Before: 6 pt, After: 6 pt
Formatted: Space Before: 6 pt
Sec. 111
“NSF” defined. “NSF” means the National Sanitation Foundation.
Sec. 112
“Operational plan” defined. “Operational plan” means a written and approved document and contractual
agreement other than a HACCP plan, in which are listed specific practices or procedures that are intended
to ensure that:
A. An establishment is maintained in a clean and sanitary condition; or
B. Activities associated with the establishment’s operations do not compromise public health.
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5", Tab stops: 0.56", Left + Not
at 1"
Sec. 113
010.082
OPERATIONAL SUPERVISION
“Operational supervision” defined. “Operational supervision” Mmeans the on-site supervision and
management of a permitted food establishment’s foodservice operations and foodservice employees.
Sec. 114
“Ornamental attraction of water” defined. “Ornamental attraction of water” means a fountain or similar
aesthetic feature filled with water that is used for decorative purposes only.
“Outdoor food establishment” defined. “Outdoor food establishment” means a type of food
establishment that is in an unenclosed or partially enclosed outdoor area, may have equipment for cooking,
staging or storing food, is not within its supporting food establishment’s physical structure, is on the
premises of its supporting food establishment, and is not intended to be operated as a temporary food
establishment.
“Outdoor/indoor foodservice cart” defined. “Outdoor/indoor foodservice cart” means a portable unit for
service of food operated only at locations clearly identified in the permit application. An outdoor/indoor
foodservice cart may be operated inside or outside of buildings and must have restroom facilities that are
accessible during all hours of operation.
Sec. 115
010.083
PACKAGED
Bottled, canned, cartoned or securely wrapped.
Sec. 115A
Formatted: Font: Bold
“Packaged” defined:
Formatted: No underline
A. "Packaged" means bottled, canned, cartoned, securely bagged, or securely wrapped, whether
packaged in a food establishment or a food processing establishment.
38
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
B. "Packaged" 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.
Formatted: No underline
Sec. 116
010.090
PERISHABLE FOOD
Any food which may spoil and be rendered unwholesome for human consumption.
Sec. 117
“Permit” defined. “Permit” means the document issued by the Health Authority that authorizes a person to
operate a food establishment.
Sec. 118
“Permit holder” defined. “Permit holder” means the entity that:
A. Is legally responsible for the operation of the food establishment such as the owner, the owner's
agent, or other person; and
B. Possesses a valid permit to operate a food establishment.
Sec. 119
010.095
PERSON
A person, firm, partnership, association or corporation, or other legal entity.
Sec. 119A
“Person” defined. “Person” means an association, a corporation, individual, partnership, other legal entity,
government, or governmental subdivision or agency.
Sec. 120
010.100
PERSON IN CHARGE
The individual present in a permitted food establishment or temporary food establishment
who is the apparent supervisor of the food preparation and service activities in the
establishment at the time of inspection by the Health Authority.
Sec. 120A
“Person-in-charge” defined. “Person-in-charge” (PIC) means the person present at a food establishment
who is responsible for the operation of the establishment at the time of an inspection.
39
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
Sec. 121
“Personal care items” defined. “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 and include items such as medicines; first aid supplies; and other items such as cosmetics, and
toiletries such as toothpaste and mouthwash.
Sec. 122
“pH” defined. “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.
Formatted: Font: Not Bold
Sec. 123
“Physical facilities”defined. “Physical facilities” means the structure and interior surfaces of a food
establishment including accessories such as soap and towel dispensers and attachments such as light
fixtures and heating or air-conditioning system vents.
Sec. 124
“Plumbing fixture” defined. “Plumbing fixture” means a receptacle or device that:
A. Is permanently or temporarily connected to the water distribution system of the premises and
demands a supply of water from the system; or
B. Discharges used water, waste materials, or sewage directly or indirectly to the drainage system of
the premises.
Sec. 125
“Plumbing system” defined. “Plumbing system” means the water supply and distribution pipes; plumbing
fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their
respective connections, devices, and appurtenances within the premises; and water-treating equipment.
Sec. 126
010.103
POISONOUS OR TOXIC MATERIALS
For the purpose of these regulations, there are three categories of poisons or toxic
materials:
1.
Insecticides and rodenticides.
2.
Detergents, sanitizers and related cleaning or drying agents.
3.
Caustics, acids, polishes and other chemicals.
4.
Any other substance, as deemed by the Health Authority, that may have deleterious
effects on exposed individuals.
Sec. 126A
40
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
“Poisonous or toxic materials” defined. “Poisonous or toxic materials” means substances that are not
intended for ingestion and are included in these four (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. Both restricted- and general-use 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.
“Portable banquet bar” defined. “Portable banquet bar” means a portable unit for service of food that
serves only beverages and drink garnishes.
“Portable unit for service of food” defined. “Portable unit for service of food” means a food
establishment on wheels, easily conveyed from a servicing area to one (1) or more approved locations
where food is served, and clearly identified in the permit application.
Sec. 127
010.105
POTABLE WATER
Water that meets the primary chemical and bacteriological standards criteria of the State
Water Supply Regulations either with or without generally accepted treatment methods to
remove deleterious materials, if present, or other approved water.
Sec. 127A
“Potable water” defined. “Potable water” means any water, from an approved source such as an approved
domestic water supply, which is bacteriologically safe and otherwise suitable for drinking and meets the
standards established by the Nevada Division of Environmental Protection as defined in NRS Chapter
445A.855.
Sec. 128
010.110
POTENTIALLY HAZARDOUS FOOD
1.
2.
Means a food that is natural or synthetic and requires temperature control because it is
in a form capable of supporting:
A.
The rapid and progressive growth of infectious or toxigenic microorganisms;
B.
The growth and toxin production of Clostridium botulinum; or
C.
In raw shell eggs, the growth of Salmonella enteritidis.
Potentially hazardous food includes an animal food (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
41
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.75"
sprouts; cut melons; and garlic-in-oil mixtures that are not modified in a way that
results in mixtures that do not support growth as specified in subparagraph 1 of this
definition.
3.
Potentially hazardous food does not include:
A.
An air-cooled hard boiled egg with the shell intact, or a shell egg that is not hard
boiled, but has been treated to destroy all viable Salmonellae;
B.
A food with a water activity value of 0.85 or less;
C.
A food with pH level of 4.6 or below when measured at 24˚ C or 75˚ F;
D.
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;
E.
A food for which laboratory evidence demonstrates that the rapid and
progressive growth of infectious or toxigenic microorganisms or the growth of
Salmonella enteritidis in eggs or Clostridium botulinum cannot occur 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
F.
A food that does not support the growth of microorganisms as specified in
subparagraph 1 of this definition even though the food may contain an infectious
or toxigenic microorganism or chemical or physical contaminant at a level
sufficient to cause illness.
(2001 Edition FDA Model Food Code)
Sec. 128A
“Potentially hazardous food (time/temperature control for safety food)” defined:
A. “Potentially hazardous food (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.
B. “Potentially hazardous food (time/temperature control for safety food)” includes:
1.
An animal food that is raw or heat-treated; a plant food 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 pathogenic microorganism growth or toxin
formation; and
2.
Except as specified in Subsection C(4) of this definition, a food that because of the
interaction of its aw and pH values is designated as Product 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
42
Formatted: Font: Bold
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
4.6 or less
> 4.6 – 5.6
> 5.6
< 0.92
non-PHF*/non-TCS
food**
non-PHF/non-TCS food
non-PHF/non-TCS food
> 0.92 - .95
non-PHF/non-
non-PHF/non-
PA***
TCS food
TCS food
non-PHF/non-
PA
> 0.95
PA
TCS food
*
PHF means potentially hazardous food
** 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
< 0.88
0.88 – 0.90
>0.90 - 0.92
>0.92
< 4.2
4.2 – 4.6
>4.6 – 5.0
> 5.0
non-PHF*/
non-PHF/
non-PHF/
non-PHF/
non-TCS
non-TCS
non-TCS food
non-TCS food
food**
food
non-PHF/
non-PHF/
non-PHF/
non-TCS
non-TCS
non-TCS food
food
food
non-PHF/
non-PHF
non-TCS
non-TCS
food
food
PA
PA
PA
PA
PA
PA***
non-PHF/
non-TCS
food
*
PHF means potentially hazardous food
** TCS food means time/temperature control for safety food
*** PA means Product Assessment required
C.
“Potentially hazardous food (time/temperature control for safety food)” does not include:
1.
An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not hardboiled, but has been pasteurized to destroy all viable Salmonellae;
2.
A food in an unopened hermetically sealed container that is commercially processed to
achieve and maintain commercial sterility under conditions of non-refrigerated storage and
distribution;
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at: 0.8"
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0.31", Numbered + Level: 1 + Numbering
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43
3.
Food that because of its pH or aw value, or interaction of aw and pH values, is designated
as a non-PHF/non-TCS food in Table A or B of this definition;
4.
A food that is designated as Product Assessment Required (PA) in Table A or B of this
definition and has undergone a Product Assessment showing that the growth or toxin
formation of pathogenic microorganisms that are reasonably likely to occur in that food is
precluded because of:
a)
Intrinsic factors including added or natural characteristics of the food such as
preservatives, antimicrobials, humectants, acidulants, or nutrients;
b) Extrinsic factors including environmental or operational factors that affect the food
such as packaging, modified atmosphere such as reduced oxygen packaging, shelf life
and use, or temperature range of storage and use; or
c)
5.
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Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.88" + Indent
at: 1.13"
A combination of intrinsic and extrinsic factors; or
A food that does not support the growth or toxin formation of pathogenic microorganisms
in accordance with one of these Subsections C(1-4) of this definition even though the food
may contain a pathogenic microorganism or chemical or physical contaminant at a level
sufficient to cause illness or injury.
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0.31", Numbered + Level: 1 + Numbering
Style: 1, 2, 3, … + Start at: 1 + Alignment:
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Sec. 129
Formatted: Font: 10 pt
“Poultry” defined:
Formatted: Font: 10 pt
A. “Poultry” means any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites, or
squabs), whether live or dead; and
B. “Poultry” means any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or
pigeon, whether live or dead.
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
Sec. 130
010.111
PREMISES
Premises means property and/or building, either owned, rented, leased or otherwise used by
an organization as the principal place where the activities of the organization are
conducted.
Sec. 130A
“Premises” defined:
Formatted: Font: Bold
A. “Premises” means the physical facility, its contents, and the contiguous land or property under
the control of the permit holder; or
B. “Premises” means the physical facility, its contents, and the land or property not described in
Subsection A of this definition if its facilities and contents are under the control of the permit
holder and may impact food establishment personnel, facilities, or operations, and a food
establishment is only one component of a larger operation such as a health care facility, hotel,
motel, school, recreational camp, or prison.
Sec. 131
“Primal cut” defined. “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.
44
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
Sec. 132
010.1110
PROCTOR
Means persons under the supervision of a test administrator, assisting by assuring that all aspects of an
examination administration are being carried out with precision, with full attention to security and to the
fair treatment of examinees. Proctors have the responsibility and have the ability to observe examinee
behaviors, accurately distribute and collect test materials, and assist the test administrator as assigned. They
must have training or documented successful experience in monitoring procedures and must affirm in
writing an agreement to maintain test security and to assure that they have no conflict of interest.
Sec. 133
010.1111
PRODUCE
“Produce” defined. “Produce” Mmeans any whole, uncut, fresh fruit or vegetable in its raw or natural and
unprocessed state.
Sec. 134
010.1112
PRODUCE STAND
“Produce stand” defined. “Produce stand” Mmeans a food operation that sells, offers for sale, or gives
away only produce.
Sec. 135
010.1113
PRODUCER
“Producer” defined. “Producer” Mmeans a person or entity that produces fruit, nuts or vegetables by the
practice of the agricultural arts upon the land that the person or entity owns and/or controls.
Sec. 136
010.1114
PROGRAM SPONSOR
Means the entity conducting an approved food protection manager training course.
Sec. 137
010.1115
PSYCOMETRIC
Means the scientific measurement or quantification of human qualities, traits or behaviors.
Sec. 138
45
“Public water system” defined. “Public water system” means a system, regardless of ownership, that
provides the public with water for human consumption through pipes or other constructed conveyances, as
defined in NRS Chapter 445A. The term includes:
A. A facility for the collection, pumping, treatment, storage or distribution of water which is
controlled by the operator of the system and used primarily in connection with the system; and
B. A facility for the collection or storage before treatment of water which is not controlled by the
operator of the system but is used primarily in connection with the system.
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.3" + Indent at: 0.8"
Sec. 139
010.112
PUSHCART
A non-motorized mobile food unit limited to serving non-potentially hazardous foods, or pre-wrapped food
maintained at proper temperatures, or limited to the preparation and service of frankfurters.
“Pushcart” defined. “Pushcart” means a portable unit for service of food operated only at outdoor
locations and designed to be towed on public roads or maneuverable by one (1) person when fully loaded.
Formatted: Font: Bold
Formatted: Indent: Left: 0", First line: 0"
Sec. 140
010.113
PUTRESCIBLE WASTE
“Putrescible waste” defined. “Putrescible waste” means Wwaste that is capable of being decomposed by
micro-organisms with sufficient rapidity as to cause odors, gases, and attract and/or harbor vectors, or
cause similar objectionable conditions. Food wastes, offal and dead animals are examples of putrescibles
waste.(WCDBOH Regulations Governing Solid Waste Management, Section 010.465)
Sec. 141
“Ratite” defined. “Ratite” means a flightless bird such as an emu, ostrich, or rhea.
Sec. 142
010.1135
READY-TO-EAT
Formatted: Normal, Space After: 6 pt
Means food in a form that is edible without washing, cooking, or additional preparation by
the food establishment or the consumer, and that is reasonably expected to be consumed in
that form.
Sec.142A
“Ready-to-eat” defined. “Ready-to-eat” means a food that is in a form that is ready for immediate
consumption or reasonably expected to be consumed in that form at the point of sale or that is edible
without additional preparation to achieve food safety. It could be raw or cooked, hot or chilled and could be
consumed without further heat-treatment including reheating.
A. "Ready-to-eat food" includes:
1.
Raw animal food that is cooked as specified in these regulations and posted with the
disclosure and reminder statement;
46
Formatted: Font: 10 pt
Formatted: Font: 10 pt
Formatted: Font: 10 pt
Formatted: Normal, Space After: 6 pt,
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.31" + Indent at: 0.56", Tab stops:
0.56", Left
Formatted: Font: 10 pt
Formatted: Normal, Space After: 6 pt,
Numbered + Level: 1 + Numbering Style: 1, 2,
3, … + Start at: 1 + Alignment: Left + Aligned
at: 0.56" + Indent at: 0.81", Tab stops:
0.56", Left
Formatted: Font: 10 pt, Font color: Auto
2.
All potentially hazardous food (time/temperature control for safety food) that is unpackaged
and cooked to the temperature and time required for that specific food;
Formatted: Font: 10 pt
3.
Raw fruits and vegetables that are thoroughly washed in water to remove soil and other
visible contaminants before being cut, combined with other ingredients, cooked, served, or
offered for human consumption in ready-to-eat form;
Formatted: Font: 10 pt
4.
Fruits and vegetables that are cooked for hot holding;
Formatted: Font: 10 pt
5.
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;
Formatted: Font: 10 pt, Font color: Auto
6.
Substances derived from plants such as spices, seasonings, and sugar;
Formatted: Font: 10 pt, Font color: Auto
7.
A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not
required for food safety;
Formatted: Font: 10 pt
8.
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
thermally processed low-acid foods packaged in hermetically sealed containers.
Formatted: Font: 10 pt
B. "Ready-to-eat food" does not include:
1.
Prepackaged food, which does not require cooking and/or will be cooked by the consumer in
the package. The package must prevent bare hand contact with the food item;
2.
Raw fruits and vegetables that are intended for washing by the consumer before
consumption as in grocery or retail sales;
3.
Plated or dished food which with reasonable care will not be touched during serving.
C. "Ready-to-eat food" exceptions:
1.
Is prepared in accordance with a variance that is granted by the Health Authority;
2.
May receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or
culinary purposes.
Sec. 143
010.114
Formatted: Font: 10 pt, Font color: Auto
Formatted: Font: 10 pt
Formatted: Font: 10 pt, Font color: Auto
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Formatted: Font: 10 pt
Formatted: Font: 10 pt, Font color: Auto
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Font color: Blue
RECOGNIZED EXAMINATION
Means the CFP’s acknowledgement that a Food Protection Manager Certification Examination has been
reviewed by an accrediting organization and determined to have met the test development and
administration sections of the CFP “Standards for the Accreditation of Food Protection Manager
Certification Programs.”
Sec. 144
010.115
Formatted: Font: 10 pt, Font color: Auto
RECONSTITUTED
“Reconstituted” defined. “Reconstituted” means the recombination of Ddehydrated food products
recombined with water or other liquids.
Sec. 145
47
010.1155
RECYCLING
“Recycling” defined. “Recycling” means Tthe process by which salvaged materials are transformed into
new products. (WCDBOH Regulations Governing Solid Waste Management Section 010.480)
Sec. 146
“Reduced oxygen packaging” defined:
A. "Reduced oxygen packaging" means:
1.
2.
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 atmosphere (approximately 21%
at sea level); and
A process as specified in Subsection A(1) of this definition that involves a food for which
the hazards Clostridium botulinum or Listeria monocytogenes require control in the final
packaged form.
B. "Reduced oxygen packaging" includes:
1.
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;
2.
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;
3.
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, non-respiring food, and impermeable packaging
material;
4.
Cook-chill packaging, in which cooked food is hot filled into impermeable bags and are then
sealed or crimped closed. The bagged food is rapidly chilled and refrigerated at temperatures
that inhibit the growth of psychrotrophic pathogens; or
5.
Sous vide packaging, in which raw or partially cooked food is placed in a hermetically
sealed, impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures
that inhibit the growth of psychrotrophic pathogens.
Sec. 147
“Refuse” defined. “Refuse” means garbage for purposes of these regulations.
Sec. 148
“Reminder” defined. “Reminder” means a written statement concerning the health risk of consuming
animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens.
Sec. 149
48
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
“Reservice” defined. “Reservice” 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.
Sec. 150
“Restrict” defined. “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, or unwrapped single-service or single-use articles.
Sec. 151
“Restricted-use pesticide” defined. “Restricted-use pesticide” means a pesticide product that is limited to
use by or under the direct supervision of a certified applicator or as defined in NRS 586.205.
Formatted: Font: Not Bold
Sec. 152
“Risk” defined. “Risk” means the likelihood that an adverse health effect will occur within a population as
a result of a hazard in a food.
Sec. 153
010. 116
RISK LEVEL I FOOD ESTABLISHMENT
Means, with respect to Section 015 of these regulations, a permitted food establishment that presents an
extremely low relative risk of causing food borne illness based upon few or no food handling operations
typically implicated in food borne illness outbreaks. Risk Level I Food Establishments include those where
the following operations occur:
Prepackaged non-potentially hazardous foods (NPHF) and/or beverages are available or served;Any
potentially hazardous foods (PHF) available are commercially prepackaged in an approved processing
plant;Limited preparation of NPHF and beverages such as snack foods and carbonated beverages occurs;
orOnly beverages (alcoholic and non-alcoholic) and ice are served.
**Examples of Risk Level I Food Establishments may include, but are not limited to: bar lounges, snowball
stands, coffee carts, warehouses handling dry products only, convenience stores with hotdogs, nachos, etc.,
where no food is prepared.
“Risk Level I food establishment” defined. “Risk Level I food establishment” means a permitted food
establishment that presents an extremely low relative risk of causing foodborne disease based upon few or
no food handling operations implicated in foodborne disease outbreaks. Risk Level I food establishments
are limited to food establishments that:
A. Serve or sell only prepackaged non-potentially hazardous food (time/temperature control for
safety food);
B. Conduct limited food preparation steps of non-potentially hazardous foods (time/temperature
control for safety food) such as slicing bagels, buttering toast, or opening prepackaged baked
goods for individual sale;
C. Serve only beverages and ice, such as espresso, mixed and blended drinks;
D. Heat only commercially processed, potentially hazardous foods (time/temperature control for
safety food) such as hot dogs for hot holding and where cooling or reheating of food items is
prohibited; or
49
Formatted: Font: Bold
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.31", Space After:
6 pt
E. Conduct cold holding of commercially prepackaged, ready-to-eat, potentially hazardous food
(time/temperature control for safety food) such as sandwiches and frozen foods, without opening
of the package.
Examples of Risk Level I food establishments include, but are not limited to convenience stores, hot dog
and espresso carts, concession stands, bars/lounges, coffee shops, warehouses, and mobile trucks with
frozen foods or meats.
Formatted: Space Before: 6 pt
Sec. 154
010.117
RISK LEVEL II FOOD ESTABLISHMENT
Means with respect to Section 015 of these regulations, a permitted food establishment that presents a slight
relative risk of causing food borne illness based upon few food handling operations typically implicated in
food borne illness outbreaks. Risk Level II Food Establishments include those where the following
operations occur:
Formatted: Not Highlight
Food items are prepared, cooked and served immediately;PHFs are limited to one or two main items;Cold
or hot-holding is limited to single meal service;Food prepared from raw ingredients requires only minimal
preparation and assembly; orA limited menu with one or two main items is available.
**Examples of Risk Level II Food Establishments may include, but are not limited to: bakeries that serve
only baked goods; convenience stores with sausage biscuits; convenience stores with soft-serve but no food
preparation, ice cream shops that serve only ice cream; sandwich shops that serve only sandwiches;
establishments that serve only frozen hamburger patties, hot dogs, or sausage; concessions at theaters,
skating rinks, and amusement parks; re-labelers; warehouses that store PHF which require temperature
control; small child care centers with limited food preparation, and elementary school kitchens that heat,
cook and/or re-thermalize prepackaged foods from approved sources.
“Risk Level II food establishment” defined. “Risk Level II food establishment” means a permitted food
establishment that presents a medium relative risk of causing foodborne disease based upon few food
handling operations typically implicated in foodborne disease outbreaks. Risk Level II food establishments
are limited to food establishments that:
A
Prepare, cook, and serve most foods immediately;
B
Limit the complex preparation of potentially hazardous food (time/temperature control for safety
food) including cooking, cooling, and reheating for hot holding to three (3) or fewer items;
C
Limit cold or hot holding to a single meal service; or
D
Use minimal preparation and assembly steps to prepare foods from raw ingredients.
Examples of Risk Level II food establishments include, but are not limited to, fast food restaurants,
bakeries, sandwich shops, child care facilities, elementary and middle schools with minimal food
preparation, and processors/manufacturers of non-potentially hazardous food (time/temperature control for
safety food).
Formatted: Indent: Left: 0", First line: 0"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"
Formatted: Indent: Left: 0", First line: 0"
Sec. 155
010.118
RISK LEVEL III FOOD ESTABLISHMENT
Means, with respect to Section 015 of these regulations, a permitted food establishment that presents a
medium relative risk of causing food borne illness based on several food handling operations typically
implicated in food borne outbreaks. Risk Level III Food Establishments include those where the following
operations occur:
50
Formatted: Not Highlight
Preparation including cooking, cooling, and reheating of PHF, is limited to two to three menu
items;Advanced preparation is limited to two to three PHF;Retail food operations, including deli and
seafood departments;Cold and hot-holding of foods; orWholesale processing of NPHF.
**Examples of Risk Level III Food Establishments may include, but are not limited to: fast food
restaurants; seafood markets that steam shellfish and prepare seafood salads; middle and high school
kitchens; child care facilities preparing complex meals; independent operations with little holdover or nextday service; restaurants in hotels; repackers; wholesale processors of NPHF, such as commercial bakeries;
and, manufacturers of jellies, jams, spices and/or dry mixes.
“Risk Level III food establishment” defined. “Risk Level III food establishment” means a permitted
food establishment that presents a significant relative risk of causing foodborne disease based on the large
number of food handling operations typically implicated in foodborne disease outbreaks and/or the type of
population served by the establishment. Risk Level III food establishments are limited to food
establishments that:
A
Conduct complex food preparation steps including thawing, cooking, cooling, cold holding,
reheating and hot holding for more than three (3) potentially hazardous foods (time/temperature
control for safety food);
B
Perform extensive handling of large volumes of raw potentially hazardous food
(time/temperature control for safety food) ingredients;
C
Operate extended hours of food preparation activities;
D
Perform advanced preparation of potentially hazardous food (time/temperature control for safety
food) for next day service;
E
Primarily serve highly susceptible populations and any other Risk Level III and most Risk Level
II activities;
F
Conduct specialized processes such as smoking, curing, and reduced oxygen packaging or
modified atmospheric packaging for extended shelf life;
G
Process/manufacture potentially hazardous food (time/temperature control for safety food);
H
Prepare potentially hazardous food (time/temperature control for safety food) for off-premise
serving, for which time and temperature requirements during transportation, holding, and service
are relevant; or
I
Have a history of repeated critical violations, repeat violations, or enforcement issues.
Establishments meeting these requirements will be reassigned for a period of at least one (1) year
at the higher risk level.
Examples of Risk Level III food establishments include, but are not limited to, full service restaurants,
continuous operation casino/resort kitchens, restaurants and buffets, hospitals, nursing and extended care
facilities, processors/manufacturers of potentially hazardous food (time/temperature control for safety
food), caterers serving potentially hazardous food (time/temperature control for safety food), a central
kitchen that transports food to satellite locations, and establishments conducting specialized processing at
retail.
Sec. 156
010.119
RISK LEVEL IV FOOD ESTABLISHMENT
Means with respect to Section 015 of these regulations, a permitted food establishment that presents a
significant risk of causing food borne illness based on the large number of food processing and handling
operations typically implicated in food borne outbreaks and/or populations served by the establishment.
Risk Level IV Food Establishments include those where the following operations occur:
51
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Extensive handling of raw ingredients;Preparation processes that include cooling, cooking and reheating of
PHF;Processes which require cold and hot-holding of PHF;Advance preparation of PHF for next day
service;Facilities whose primary service is to the immune-compromised; orWholesale processors of PHF,
such as sandwich manufacturers.
**Examples of Risk Level IV Food Establishments may include, but are not limited to: any of the
restaurant chains in Risk Level III that have a hot/cold buffet/bar, large deli’s, major supermarkets, large
independent restaurants serving varied menu items, buffet chains, major hotel/casino restaurants and
buffets, nursing homes, hospitals, major restaurant chains, truck stops with full-service menus and
wholesale processors of PHF.
Sec. 157
010.1195 RISK LEVEL V FOOD ESTABLISHMENT
Means, with respect to Section 015 of these regulations, a permitted food establishment that presents a high
risk of causing food borne illness based on the large number of food handling operations typically
implicated in food borne outbreaks and/or the type of population served by the establishment. Risk Level V
Food Establishments include those where the following operations occur:
Extensive handling of large volumes of raw potentially hazardous ingredients;Extended hours of food
preparation activities;Establishments that conduct vacuum packaging or oxygen reduction packaging;PHF
are prepared for off-premises serving, for which time and temperature requirements during transportation,
holding and service are relevant; andComplex preparation of foods or extensive handling of raw ingredients
with hand contact for ready-to-eat foods occurs as part of the food handling operations.
** Risk Level V Food Establishments may include but are not limited to: large continuous operation
buffets in large casinos, large food operations open 24 hours a day, major hospitals, or processors of PHF
requiring HACCP plans or equivalent such as seafood processors and low acid canneries.
Sec.158
“Rubbish” defined. “Rubbish” means non-putrescible waste, consisting of both combustible and
noncombustible waste(s) such as, but not limited to, paper, cardboard, bottles, tin and iron cans, wood,
glass, bedding, crockery and similar materials.
Sec. 159
010.120
SAFE MATERIALS
“Safe materials” defined. “Safe materials” means Aarticles manufactured from or composed of materials
that may not reasonably be expected to result, directly or indirectly, in their becoming a component inof or
otherwise affecting the characteristics of any food.
Sec. 160
010.125
SAFE TEMPERATURES
“Safe temperatures” defined. “Safe temperatures” means Ttemperatures of 410˚F (54.44˚C) or below and
13540˚F (5760˚ C) and above for the transport or storage of potentially hazardous foods (time/temperature
control for safety foods).
52
Sec. 161
010.126
SAMPLE VENDOR
“Sample vendor” defined. “Sample vendor” means Aa vendor operating a Ttemporary Ffood
Eestablishment in which samples of food are prepared and distributed in individual portions.
Sec. 162
“Sanitization” defined. “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.
Sec. 163
010.130
SANITIZE
Bactericidal treatment of cleaned surfaces of equipment and utensils by a process which
has been approved by the Health Authority as being effective in destroying
microorganisms, including pathogens.
Sec. 164
010.135
SEALED
“Sealed” defined. “Sealed” means Ffree of cracks or other openings, which permitthat could allow the
entry or passage of moisture.
Sec. 165
010.137
SELF SERVICE MOBILE UNIT
Any mobile food unit dispensing prepackaged food and hot beverages only.
Sec. 166
“Service animal” defined. “Service animal” means an animal that has been trained to assist or
accommodate a person with a disability.
Sec. 167
“Servicing area” defined. “Servicing area” means one (1) or more locations approved by the Health
Authority and used by operators of mobile units, portable units for service of food, or vending machines for
such things as food and supply storage, warewashing, food preparation, vehicle and equipment cleaning
and maintenance, discharging liquid or solid wastes, and refilling water tanks and ice bins.
53
Sec. 168
010.138
SEWAGE
“Sewage” defined. “Sewage” Mmeans a combination of the liquid and water-carried wastes from any
building or plumbing fixture together with such groundwater, surface water and storm water as may be
present. Water- carried wastes, include but are not limited to, excrement and liquid wastes from kitchens,
water closets, laundries, portable or non-sewered toilets and holding tanks.
Sec. 168
“Shellfish control authority” defined. “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.
Sec. 169
“Shellstock” defined. “Shellstock” means raw, in-shell molluscan shellfish.
Sec. 170
“Shucked shellfish” defined. “Shucked shellfish” means molluscan shellfish that have one (1) or both
shells removed.
Sec. 171
010.140
SINGLE-SERVICE ARTICLES
Cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, place
mats, doilies, wrapping material and all other similar articles which are constructed wholly
from safe material such as, but not limited to, paper, paperboard, molded pulp, foil, wood,
plastic, synthetic or other readily destructible materials, and which are intended by the
manufacturers and generally recognized by the public as being for single usage only and
then discarded.
Sec. 171A
“Single-service articles” defined. “Single-service articles” means tableware, carry-out utensils, and other
items such as bags, containers, place mats, stirrers, straws, toothpicks, and wrappers that are designed and
constructed for one (1) time, one person use after which they are intended for discard.
Sec. 172
“Single-use articles” defined:
A. "Single-use articles" means utensils and bulk food containers designed and constructed to be used
once and discarded.
B. "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
54
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bottles, and number 10 cans which do not meet the materials, durability, strength, and
cleanability specifications for multi-use utensils.
Sec. 173
“Slacking” defined. “Slacking” means the process of moderating the temperature of a food such as
allowing a food to gradually increase from temperature of –10°F (-23°C) to 25°F (-4°C) in preparation for
deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food
such as shrimp.
Sec. 174
“Smooth” defined:
A. “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;
B. “Smooth” means a nonfood-contact surface of equipment having a surface equal to that of
commercial grade hot-rolled steel free of visible scale; and
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C. “Smooth” means a floor, wall, or ceiling having an even or level surface with no roughness or
projections that render it difficult to clean.
Sec. 175
010.142
SOLID WASTE
“Solid waste” defined. “Solid waste” Mmeans all putrescible and nonputrescible refuse in solid or
semisolid form, including, but not limited to, garbage, rubbish, junk vehicles, ashes or incinerator residue,
street refuse, dead animals, demolition waste, construction waste, solid or semisolid commercial and
industrial waste. The term does not include hazardous waste managed pursuant to NRS 459.400 to 459.600,
inclusive. (NRS 444.490)
Sec. 176
010.143
SPECIAL EVENT
“Special event” defined. “Special event” means Aa transitory gathering such as, but not limited to, an
activity, a celebration, festival or fundraiser, which is open for patronage and participation to the general
public.
Sec. 177
“Splash zone” defined. “Splash zone” means:
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A. The surface areas of walls, floors, ceilings and equipment in establishments that are subject to
splash, spillage or food soiling during normal operations; and
B. The vertical distance from the floor to a minimum height of 24 inches above the highest point of
a piece of equipment or plumbing fixture, and a minimum horizontal distance of 12 inches from
the equipment or fixture.
55
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Aligned at: 1" + Indent at: 1.25", Tab stops:
0.56", Left + Not at 0.13" + 1"
Sec. 178
010.145
SUBSTANTIAL HEALTH HAZARD
A hazard created by or resulting from the operation of a food establishment or temporary
food establishment, which can injure the health of the consumer. The following, among
others, are substantial health hazards:
1.
Use of food from an unapproved or unknown source or food which is or may be
adulterated, contaminated, or otherwise unfit for human consumption;
2.
Holding of potentially hazardous food for a period longer than that necessary for
preparation or service at an unsafe temperature;
3.
Potentially hazardous food which is re-served after contamination or after being
initially offered to consumers;
4.
Improper standards of cleanliness and personal hygiene which may result in
transmission of food-borne illness;
5.
Improper cleaning and sanitizing of food surfaces which may result in contamination
of food during preparation, storage or service thus transmitting disease organisms to
consumers and employees;
6.
Improper disposal of liquid waste which may result in contamination of any food,
food storage area, food preparation area or area frequented by consumers or
employees;
7.
Failure to provide toilet and hand washing facilities which are properly designed and
installed and which are accessible and convenient to use;
8.
Failure to provide a supply of potable water;
9.
The presence of any cross-connection or other fault in the potable water supply which
may result in contamination of the water supply;
10. The presence of insects, rodents or other animals, which may result in contamination
of food;
11. The presence of toxic items which may result in contamination of food or which are
improperly labeled, stored or used; and
12. The lack of operational supervision by a certified food protection manager.
Sec. 178A
“Substantial health hazard” defined. “Substantial health hazard” means any factor or condition which
has the potential to risk or cause injury to public health. Substantial health hazards include, but are not
limited to, the following circumstances:
A. Food from an unapproved or unknown source, or food which is or may be adulterated,
improperly labeled, misbranded, contaminated, showing evidence of temperature abuse or be
otherwise unfit for human consumption, is found in a food establishment.
B. Potentially hazardous food (time/temperature control for safety food) is held longer than
established allowable time parameters for preparation or service at an ambient temperature which
56
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is greater than 41°F (5°C) or less than 135°F (57°C) or under any other condition capable of
supporting the rapid growth of bacteria.
C. Potentially hazardous food (time/temperature control for safety food) served to customers or
exposed to other contamination is served again.
D. A person infected with a communicable disease that can be transmitted by food is working as a
food handler in an establishment.
E.
Person(s) employed in a food establishment, not practicing strict standards of cleanliness and
personal hygiene, which may result in the potential transmission of illness through food.
F.
Equipment, utensils and working surfaces are not cleaned and sanitized effectively and may
contaminate food during preparation, storage or service.
G. Sewage or liquid waste is not disposed of in an approved and sanitary manner, or the sewage or
liquid waste contaminates or may contaminate any food, areas used to store or prepare food, or
an area frequented by customers or employees.
H. Toilets and facilities for washing hands are not provided, properly installed, designed, fully
operable and accessible.
I.
J.
The supply of potable water is not approved or does not meet the applicable requirements for
sampling and public notification set forth in NRS 445A and any regulations adopted pursuant
thereto, and an operator does not use items intended for a single use and bottled drinking water
from an approved source.
Field Code Changed
A defect or condition exists in the system supplying potable water, which may result in the
contamination of the water and become a substantial health hazard.
K. There exists the presence of insects, rodents or other animals, which may result in contamination
of food.
L. There exist poisonous or toxic materials which are labeled, stored or used improperly or
inadequately.
Sec. 179
010.150
TABLEWARE
All eating and drinking utensils other than kitchenware and single-service articles.
Sec. 179A
“Tableware” defined. “Tableware” means bowls, cups, serving dishes, tumblers, plates, eating, drinking,
and serving utensils for table use such as flatware including forks, knives, and spoons.
Sec. 180
010.154
TEMPERATURE MEASURING DEVICE
“Temperature measuring device” defined. “Temperature measuring device” Mmeans a thermometer,
thermocouple, thermistor, or other device that is capable of measuringindicates the temperature of food, air
or water.
Sec. 181
57
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010.155
TEMPORARY FOOD SERVICE ESTABLISHMENT
“Temporary food establishment” defined. “Temporary food establishment” ‘Temporary Food
Establishment” means any food establishment which operates at a fixed location for a temporary period of
time, not to exceed two (2) weeks, in connection with a fair, carnival, circus, public exhibition, celebration
or similar transitory gathering.
Sec. 182
“USDA” defined. “USDA” means the U.S. Department of Agriculture.
Sec. 183
010.160
UTENSIL
Any implement used in the storage, preparation, transportation or service of food.
Sec. 183A
“Utensil” defined. “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 multi-use,
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.
Sec. 184
“Variance” defined. “Variance” means a written document issued by the Health Authority that authorizes
a modification or waiver of one (1) or more requirements of these regulations if, in the opinion of the
Health Authority, a health hazard or nuisance will not result from the modification or waiver.
“Vehicle” defined. “Vehicle” means any device that transports any person and goods upon a highway,
except devices moved by human power.
Sec. 185
“Vending machine” defined. “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.
The term does not include any device which dispenses only nuts, popcorn, ball gum, hard candy,
prepackaged candy, cookies, crackers or similar snacks, beverages which are not potentially hazardous
food (time/temperature control for safety food) or prepackaged ice.
Sec. 186
“Vending machine location” defined. “Vending machine location” means the room, enclosure, space, or
area where one (1) 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 machine(s).
58
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Sec. 187
“Warewashing” defined. “Warewashing” means the cleaning and sanitizing of utensils and food-contact
surfaces of equipment.
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Sec. 188
“Water activity” defined. “Water activity”, as indicated by the symbol “aw,” means the quotient of the
pressure of water vapor in a substance divided by the pressure of water vapor in pure water when the pure
water is at the same temperature as the substance.
Sec. 189
“Whole-muscle, intact beef” defined. “Whole-muscle, intact beef” means whole-muscle beef that is no
injected, mechanically tenderized, reconstructed, or scored and marinated, from which beef steaks may be
cut.
Sec. 190
010.165
WHOLESOME
“Wholesome” defined. “Wholesome” means Iin sound condition, clean, free from adulteration and
otherwise suitable for use as human food.
PERMITS AND FEES
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Formatted: Centered
PERMITS
Sec. 191
Prohibition from operating an establishment without a valid permit
It is unlawful for any person to operate a food establishment within the Health District unless that person
possesses a valid permit to operate or possesses a valid exemption from the permit requirement.
Sec. 192
Requirement to submit an application for permit to operate
Any person desiring to operate a food establishment shall submit to the Health Authority a written
application for a permit on forms provided by the Health Authority. The application must include:
A. The applicant’s full name and post office address.
B. A statement whether the applicant is a natural person, firm or corporation, and, if a partnership,
the names of the partners, together with their addresses.
C. A statement of the location and type of the proposed food establishment.
59
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at: 0.55"
D. The signature of the applicant or applicants that attests to the accuracy of the information
provided in the application and affirms that, should the permit be approved, the applicant will
comply with the applicable requirements of these regulations.
Sec. 193
Health Authority may require additional information on an application for a permit to operate
The Health Authority may require the submittal of application information other than that required on the
forms provided by the Health Authority, for establishments that are determined by the Health Authority to
need specific regulatory controls in order to accentuate safe food handling practices.
Sec. 194
Health Authority to make inspections prior to approving a permit to operate
Upon receipt of a completed application the Health Authority shall inspect the establishment to determine
compliance with the provisions of these regulations.
A. If the inspection reveals that the establishment and the operations therein conform to the
provisions of these regulations, the Health Authority shall issue a permit to operate to the
applicant.
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Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.3" +
Indent at: 0.55"
B. If the inspection reveals that the establishment and the operations therein do not conform to the
provisions of these regulations, the Health Authority shall either:
1.
Not issue a permit and shall inform the applicant of the specific deficiencies, the actions that
must be taken to correct the deficiencies and of the appeal process afforded the applicant in
the regulations; or
2.
If in the opinion of the Health Authority the deficiencies are minor and do not constitute a
substantial health hazard to the public health, issue a conditional permit to operate specifying
that if the deficiencies are not corrected within a specified timeframe, the permit will be
suspended until the deficiencies are corrected.
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6 pt, Numbered + Level: 1 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left +
Aligned at: 0.63" + Indent at: 0.88"
Sec. 195
Responsibilities of the permit holder.
Upon acceptance of the permit issued by the Health Authority, the permit holder in order to retain the
permit shall:
A. Post the permit in a location in the food establishment that is conspicuous to consumers;
B. Comply with the provisions of these regulations including the conditions granted through a
variance or exemption;
C. Cooperate fully with the Health Authority during inspections, investigations of complaints, and in
recalling food determined to be adulterated;
D. If a food establishment is required to operate under any operational plan, HACCP plan or other
criteria approved as a condition of the permit, comply with the plan unless written approval is
first obtained from the Health Authority;
E. Immediately contact the Health Authority to report an illness of a food employee or conditional
employee;
F.
Immediately discontinue operations and notify the Health Authority if a substantial health hazard
may exist;
60
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Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.3" + Indent
at: 0.55"
G. Allow representatives of the Health Authority access to the food establishment as specified under
NRS 446.885;
H. Replace existing facilities and equipment with facilities and equipment that comply with these
regulations if:
1.
The Health 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; or
2.
The Health Authority directs the replacement of the facilities and equipment because of a
change of ownership;
I.
Comply with directives of the Health Authority including time frames for corrective actions
specified in inspection reports, notices, orders, warnings, and other directives issued by the
Health Authority in regard to the permit holder's food establishment or in response to community
emergencies;
J.
Accept notices issued and served by the Health Authority; and
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at: 0.8"
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Alignment: Left + Aligned at: 0.3" + Indent
at: 0.55", Tab stops: 0.56", Left
K. Be subject to the administrative, civil, injunctive, and criminal remedies authorized in these
regulations for failure to comply with a directive of the Health Authority, including time frames
for corrective actions specified in inspection reports, notices, orders, warnings, and other
directives.
Sec. 196
Expiration of a permit to operate application for an establishment that does not open within a
reasonable time period
An application for a permit to operate is subject to the following time constraints:
A. Except as indicated in Subsection B of this section, permit applications expire 180 consecutive
days after the date of the application unless the Health Authority documents an extension request
before the expiration date. An extension shall be for 30 consecutive business days and no more
than one (1) extension shall be allowed.
B. Permit applications issued in conjunction with the construction of new establishments or in
conjunction with existing establishments that are undergoing extensive remodeling, expire one
(1) calendar year after the date of application unless the Health Authority documents an
extension request before the expiration date. An extension shall be for 180 consecutive days and
no more than one (1) extension shall be allowed.
Sec. 197
Permit exemption for those who give away food prepared in a private home
Food that is prepared in a private home and given away free of charge or consideration of any kind is
exempt from the permit requirement indicated in these regulations, unless the food is given to a food
establishment.
Sec. 198
Allowance for permit exemption for charitable organizations
A religious, charitable or other nonprofit organization may, without possessing a permit from the Health
Authority, sell food occasionally to raise money, whether or not the food was prepared in a private home, if
the sale occurs on the premises of the organization. If the sale is to occur off the premises of the
organization, a permit from the Health Authority is required unless an exemption is granted pursuant to
these regulations.
61
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numbering, Tab stops: 0", Left + Not at 0.81"
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0.56", List tab + Not at 0.81"
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Sec. 199
Allowance for Health Authority to exempt a food operation from the requirement to have a permit to
operate
The Health Authority, without the need of a variance, may exempt a food establishment from the
provisions of these regulations, if the Health Authority determines that:
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pt, No bullets or numbering, Tab stops: 0",
Left
A. The food sold, offered, or displayed for sale, or served at the establishment does not constitute a
potential or actual hazard to the public health and any of the conditions in “Requirements for
obtaining an exemption to the requirements to have a permit to operate” apply.
B. The food sold, offered, or displayed for sale, or served is prepared or packaged outside of the
Health District in an establishment that conforms to the provisions of these regulations or to
substantially equivalent provisions. To determine the extent of compliance with the provisions, the
Health Authority may accept reports from responsible authorities in the jurisdictions where such
establishments are located.
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pt, Tab stops: 0", Left
Sec. 200
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pt, No bullets or numbering, Tab stops: 0",
Left
Requirements for obtaining an exemption to the requirement to have a permit to operate
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The Health Authority may exempt a food establishment from the provisions of these regulations if a request
for exemption is submitted on forms provided by the Health Authority in conjunction with an application
for permit to operate and any of the conditions listed in Subsections A through H of this section apply.
Formatted: Space After: 6 pt
A. The establishment owner or operator provides written documentation to the Health Authority
demonstrating that the USDA, FDA, State of Nevada Bureau of Public Health Services, or other
approved regulatory agency routinely inspects the establishment. Written documentation may
include but is not limited to:
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at 1.25"
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1.
The business phone number, address, and the name of the agency that regulates the facility.
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2.
The phone number and name of the agent at the agency who permitted or last inspected the
facility.
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3.
Copies of the most recently issued permit or copy of the most recent inspection performed at
the facility.
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B. Foodservice operations are limited and conform to the following criteria:
1.
The primary business of the facility is not food sales or foodservice and the portion of the
facility that is for food sales or service does not occupy more than 150 square feet of the total
storage and display area of the facility;
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2.
No designated seating is provided within the facility wherein consumers who purchase the
food items may consume them;
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3.
Food items are not intended for consumption on the premises of the facility;
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4.
An employee restroom with a sink for washing hands that is located in or immediately
adjacent to the restroom;
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5.
Food items are from approved sources and are all stored in the facility in such a manner as to
prevent their contamination;
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6.
The food sold, served, given away, or stored at the facility is not potentially hazardous
(time/temperature control for safety food) and does not require temperature control; and,
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7.
There is no handling of non-packaged food, no repackaging of food from bulk containers,
and no processing of food in any manner except that coffee beans may be ground and
bagged.
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62
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C. The establishment is in a private residence, such as a small family day-care provider; or a bed
and breakfast operation in which:
1.
Food is prepared and offered to guests if the home is owner occupied;
2.
The number of guest bedrooms does not exceed six (6);
3.
The bed and breakfast operations does not exceed a capacity of ten (10); and
4.
The consumer is informed by statements contained in published advertisements, mailed
brochures, and placards posted at the registration area that the food is prepared in a kitchen
that is not regulated and inspected by the Health Authority.
D. The establishment is a private residence that receives prepared catered or home-delivered meals.
E. The establishment is in a private residence and the food in use is:
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at: 1 + Alignment: Left + Aligned at: 0.56" +
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0.81", Left + Not at 1" + 1.25"
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1.
Non-potentially hazardous (time/temperature control for safety food);
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2.
Commercially prepackaged or wrapped; and
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3.
From an approved source and stored in such a manner as to prevent it’s contamination.
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No repackaging that involves unwrapping and exposing the food to ambient conditions occurs.
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4.
The food sold, offered or displayed for sale at the establishment consists of whole fruits and
vegetables in a natural and unprocessed state and documentation can be provided indicating that
the produce was grown by a “certified grower” from the state in which it originated.
5.
The establishment is a private home in which only non-potentially hazardous food
(time/temperature control for safety food) is prepared for sale or service at a function such as a
religious or charitable organization’s bake sale 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 Health Authority.
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The establishment is a non-permanent stand or cart from which is offered only non-potentially
hazardous (time/temperature control for safety food) commercially prepackaged snacks that bear
an approved label and that have a water activity (aw) value of 0.85 or less such as crackers,
cookies, potato and corn chips, or pretzels.
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6.
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Sec. 201
Alternate exemption criteria for an exemption to the requirement to have a permit to operate for
specific types of food operations
In addition to the exemption criteria specified in these regulations, other exemption criteria may be
specified in those parts of these regulations concerned with establishments that are determined by the
Health Authority to need specific regulatory controls in order to accentuate safe food handling practices.
Sec. 202
Revocation of an exemption
If a food establishment fails to comply with the conditions of an approved exemption, the Health Authority
may revoke the exemption and order that the establishment cease and desist selling, serving, giving away or
storing food. A food establishment that has had its exempt status revoked must obtain a permit pursuant to
the provisions of these regulations before resuming any operation of a food establishment.
Sec. 203
Criteria for obtaining a new exemption after one previously issued has been revoked
63
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Owners or operators who have had their exemptions revoked may apply for a permit to operate. After
receiving the permit and if after one (1) year there are no additional consumer complaints or violations of
these regulations, owners or operators may apply for another exemption.
Sec. 204
Invalidation of permit, transferring prohibited
A permit or permit exemption issued by the Health Authority is not transferable from person to person and
is only valid for the establishment for which it was initially issued.
Sec. 205
Invalidation of a permit for failure to use it
Unless there are mitigating circumstances as described by the permit holder and documented and approved
by the Health Authority, a permit shall become invalid after one (1) year from the date it was issued, if
during that time, the establishment was not operated for the purpose of preparing, selling, offering for sale,
or serving food intended for human consumption.
Sec. 206
Invalidation of a permit for failure to pay renewal fees
A permit shall become invalid if the permit holder fails to pay the required renewal fee and, if applicable,
any late fee or reinspection fee that may have been assessed within 60 calendar days after the permit’s
anniversary date. Once a permit becomes invalid the associated establishment may not be operated again
until a new permit is obtained from the Health Authority. To obtain a new permit, a new application must
be submitted and processed as provided for in these regulations.
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FEES
Sec. 207
Application fee for permit to operate
An application for permit to operate a food establishment must be accompanied by payment of the
following fees in accordance with the fee schedule adopted by the Board of Health:
A. An annual food establishment permit fee and application fee;
B. A temporary food establishment permit fee; or
C. A special event permit fee.
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Indent at: 0.5", Tab stops: 0.56", Left + Not
at 1"
Sec. 208
Application fee for exemption from permit to operate request
An application requesting exemption from the requirements to obtain a permit to operate shall be
accompanied with payment of the following fees in accordance with the fee schedule adopted by the Board
of Health:
A. A fee to cover the initial costs of processing the application for exemption; and
B. An annual fee to cover the cost of verifying compliance with the exemption.
64
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at: 0.55"
Fee for HACCP and operational plans.
Formatted: Font: Bold
Submittal of a HACCP or operational plan must be accompanied by payment of a fee in accordance with
the fee schedule adopted by the Board of Health.
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Sec. 210
Payment of renewal fees
The operator of a food establishment shall pay an annual permit renewal fee in accordance with the fee
schedule adopted by the Board of Health.
Sec. 211
Late Fees
A late fee shall be charged to any permit holder who fails to pay the renewal fee by the permit’s annual
renewal date. The late fee shall be 25 percent of the amount of the total fee due and must be paid in
addition to the annual fee.
Sec. 212
Permit application fee, refund
Permit applicants may request a refund for the fees charged for a permit application. The request must be
in writing and the refund shall be processed in accordance with the Washoe County Health District’s
current refund policy.
Sec. 213
Reinspection fees
The Health Authority may assess reinspection fees for each reinspection, after the initial one, that is needed
to verify abatement of violations documented during an inspection or investigation. The fee for
reinspections shall be in accordance with the fee schedule adopted by the Board of Health.
Sec. 214
MANAGEMENT AND PERSONNEL
Formatted: Font: 12 pt, Bold
Formatted: Centered, Space Before: 6 pt,
After: 6 pt
Assignment, person-in-charge required.
Formatted: Space Before: 6 pt, After: 6 pt
The permit 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 establishment during all hours of operation.
Formatted: Space Before: 6 pt
Demonstration of knowledge.
A. Based on the risks inherent to the food operation, during inspections and upon request the personin-charge shall demonstrate to the Health Authority knowledge of foodborne disease prevention,
65
application of the hazard analysis and critical control point principles, and the requirements of
these regulations. The person-in-charge shall demonstrate this knowledge by:
1.
Being a Certified Food Protection Manager who has shown proficiency of required
information through passing an exam that is part of an accredited program; or
2.
Responding correctly to the inspector's questions as they relate to the specific food operation.
This subsection only applies to Risk Level I food establishments and temporary food
establishments.
B. The person-in-charge need not meet the requirements of Subsection A(1) provided that:
1.
They meet the requirements of Subsection A(2) of this section; or
2.
They have been designated to perform the foodservice activities under the supervision of a
Certified Food Protection Manager during all hours when the Certified Food Protection
Manager is not physically present; and
3.
The Certified Food Protection Manager is available via telephone communication when not
physically present.
Person-in-charge.
Formatted: No underline
The person-in-charge shall ensure that:
Formatted: No underline
A. Food establishment operations are not conducted in a private home or in a room used as living or
sleeping quarters as specified in NRS 446.020 and 446.870.
B. Persons unnecessary to the food 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;
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
Formatted: No underline
C. Employees and other persons such as delivery and maintenance persons and pesticide applicators
entering the food preparation, food storage, and warewashing areas comply with these
regulations;
D. Employees are effectively cleaning their hands, by routinely monitoring the employees'
handwashing;
E. 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;
F. Employees are properly cooking potentially hazardous food (time/temperature control for safety
food) being particularly careful in cooking those foods known to cause severe foodborne disease
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;
Formatted: No underline
G. Employees are using proper methods to rapidly cool potentially hazardous foods
(time/temperature control for safety food) 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;
H. Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed
that the food is not cooked sufficiently to ensure its safety;
I.
Employees are properly sanitizing cleaned multi-use equipment and utensils before they are
reused, through routine monitoring of solution temperature and exposure time for hot water
66
Formatted: No underline
sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical
sanitizing;
J.
Consumers are notified that clean tableware is to be used when they return to self-service areas
such as salad bars and buffets;
K. Except when approval is obtained from the Health Authority as specified in these regulations,
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;
Formatted: No underline
L. Employees are properly trained in food safety as it relates to their assigned duties; and
M. Food employees are informed of their responsibility to report to the person-in-charge,
information about their symptoms as they relate to diseases that are transmissible through food.
Employee health; restrictions, exclusions, reporting, notification, highly susceptible populations,
aiding investigations, and return to work.
In accordance with the provisions of these regulations and those provisions contained within NAC 441A
the following employee health conditions apply:
A
B
The permit holder shall require food handlers to report to the person-in-charge information about
their health and activities as they relate to symptoms of illness which are transmissible through
food.
A food handler shall:
1.
Report the information in a manner that allows the person-in-charge to reduce the risk of
foodborne disease transmission. The information should include such pertinent information
as suspected exposure, date of onset and symptoms, or any observations of illness, with or
without symptoms, or reportable symptoms including but not limited to:
a)
Vomiting.
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Formatted: Space Before: 6 pt, After: 6 pt
Formatted: Indent: Left: 0", First line: 0",
Space Before: 6 pt
Formatted: Indent: Left: 0", First line: 0"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
b) Diarrhea.
c)
Formatted: Indent: Hanging: 0.24", Space
Before: 6 pt, Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.55"
Jaundice.
d) Sore throat with fever.
e)
A lesion, containing pus, or a boil or infected wound, that is open or draining and is:
1) Located on the hands or wrists. Such a lesion shall require an impermeable cover
including but not limited to a bandage or finger cot, and a single-use glove worn
over the impermeable cover, both of which shall be changed whenever
handwashing is required.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 1.06" + Indent
at: 1.31"
2) On exposed portions of arms. Such a lesion shall be protected by and impermeable
cover.
3) On other parts of the body. Such a lesion shall be covered by a dry, durable, tightfitting bandage.
2.
Comply with directives from the Health Authority regarding exclusion and/or restriction for
illness and return to work criteria as specified in these regulations.
3.
The person-in-charge shall take such measure to reduce the risk of transmission of foodborne
disease to include:
a)
Exclusion or restriction of a food handler with:
1) Symptoms of gastrointestinal illness such as abdominal cramping, diarrhea, fever, or
vomiting until symptom free for 48 hours.
67
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Indent: Left: 0.81", Numbered +
Level: 4 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 3.3" +
Indent at: 3.55"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 1.06" + Indent
at: 1.31"
2) Jaundice until laboratory results indicate the individual is not currently infected with
Hepatitis A.
3) A lesion(s) that cannot be effectively covered until such time as the wound has healed
or a physician’s note is provided indicating the lesion(s) is not infectious.
4) An acute respiratory infection until symptom free. A worker experiencing active
symptoms caused by season allergies or hay fever (persistent cough, running nose,
and/or sneezing) shall be prohibited from open foodservice until symptoms are
controlled.
b) Notifying the Health Authority of a diagnosed foodborne disease that has the potential
to be transmitted through food, or of active symptoms in a food handler that has had
occurrence for spread of potential pathogens to food.
c)
Formatted: Indent: Left: 0.81", Numbered +
Level: 4 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 3.3" +
Indent at: 3.55"
Following the direction of the Health Authority on exclusion or restriction of an
employee diagnosed with a pathogen that has potential to be transmitted to others or
through food, including as required in applicable section of NAC 441A, Communicable
Diseases. In such case of exclusion, the food handler shall not be allowed to return to
work until approved to do so by the Health Authority.
d) Cooperating with the Health Authority during an epidemiological investigation and
carry out measures for the prevention, suppression and control of a communicable
disease including:
1) Maintaining an employee illness log that is made available to the Health Authority
upon request.
2) Providing information, including names and addresses of patrons and employees,
work schedules of employees, illness histories of employees, menus and any other
information necessary to complete the investigation.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 1.06" + Indent
at: 1.31"
3) Providing access to employee for interviewing and obtaining clinical specimens.
4) Providing food, beverage and environmental samples for laboratory analysis.
5) Instituting infection control, and hygienic and sanitation measures as required by the
Health Authority.
C
D
When a foodborne disease incident or food related injury is reported to any employee of a food
establishment, the employees shall notify the person-in-charge of the food establishment of that
fact. The person-in-charge shall:
1.
Record the consumer’s name, address, telephone number, the nature of the complaint
including foods eaten and the date and time of the complaint;
2.
Immediately report the incident to the Health Authority; and
3.
Remove from sale and refrigerate at 41°F (5°C) or less any suspect foods until released by
the Health Authority.
When the Health Authority suspects that a food establishment, or its employees, may be a source
of disease, he shall take appropriate action to control the transmission of disease. Such action may
include, but is not limited to, any or all of the following:
1.
Securing records that may enable identification of persons potentially exposed to the disease,
and/or requiring additional assistance in locating such persons. This includes records of
hotels, motels or other lodging facilities in which the food establishment is located or which
are adjacent to the food establishment;
2.
Securing an illness history of any foodservice employee(s);
3.
Excluding employee(s) from working in the food establishment until, in the opinion of the
Health Authority, there is no further risk of disease transmission;
68
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Indent
at: 0.75"
E
4.
Closing the food establishment until, in the opinion of the Health Authority, there is no further
risk of disease transmission;
5.
Restricting the work activities of any employee(s);
6.
Requiring medical and laboratory examination of any foodservice employee and of his body
discharge;
7.
Obtaining samples of any suspect food for laboratory examination;
8.
Requiring the destruction of suspect food or preventing it from being served.
Upon approval from the Health Authority a food employee with a symptom of gastrointestinal
illness such as diarrhea or jaundice, may work in foodservice without special restriction, provided
that the food employee furnishes written medical documentation to the Health Authority from a
health practitioner that the symptom is because of a medical condition not transmissible through
food, such as Crohn’s disease, Irritable Bowel Syndrome, Ulcerative Colitis, or Hepatitis C.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"
Clean condition, hands and arms.
Food employees shall keep their hands and exposed portions of their arms clean.
Cleaning procedure.
Except as specified in Subsection C of this section:
A. Food employees shall clean their hands and exposed portions of their arms, including surrogate
prosthetic devices for hands or arms for at least 20 seconds, using a cleaning compound in an
approved handwashing sink.
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.56" + Indent at: 1.86"
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 hands and
arms:
1.
Rinse under clean, running warm water;
2.
Apply an amount of cleaning compound recommended by the cleaning compound
manufacturer;
3.
Rub together vigorously for at least 10 to 15 seconds while:
a)
Paying particular attention to removing soil from underneath the fingernails during the
cleaning procedure; and
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;
4.
Thoroughly rinse under clean, running warm water; and
5.
Immediately follow the cleaning procedure with thorough drying using an approved method.
C. 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.
When to wash.
Food employees shall clean their hands and exposed portions of their arms immediately before engaging in
food preparation including working with exposed food, clean equipment and utensils, and unwrapped
single-service and single-use articles and:
69
Formatted: Indent: Left: 0.56", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 2.19" +
Indent at: 2.44"
Formatted: Indent: Left: 0.81", Numbered +
Level: 4 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 2.56" +
Indent at: 2.81"
Formatted: Indent: Left: 0.56", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 2.19" +
Indent at: 2.44"
Formatted: Indent: Left: 0.31", Hanging:
0.25", Space Before: 6 pt, After: 0 pt,
Numbered + Level: 2 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 1.56" + Indent at: 1.86"
Formatted: Font: Bold
Formatted: Space Before: 6 pt
A. After touching bare human body parts other than clean hands and clean, exposed portions of
arms;
B. After using the toilet room;
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.56" + Indent at: 1.86"
C. After caring for or handling service animals or aquatic animals;
D. After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or
drinking;
E. After handling soiled equipment or utensils;
F.
During food preparation, as often as necessary to remove soil and contamination and to prevent
cross-contamination when changing tasks;
G. When switching between working with raw food and working with ready-to-eat food;
H. Before donning gloves for working with food;
I.
After engaging in other activities that contaminate the hands such as cleaning tables or handling
money; and
J.
Upon returning to work after a coffee or meal break.
Where to wash.
Food employees shall clean their hands in a handwashing sink or approved automatic handwashing facility
or device 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 unless
otherwise approved by the Health Authority.
Hand antiseptics.
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 (1) 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
b) Have active antimicrobial ingredients which are listed in the FDA monograph for OTC
Health-Care Antiseptic Drug Products as an antiseptic hand wash; and
2.
Formatted: Indent: Left: 0.56", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 2.19" +
Indent at: 2.44"
Formatted: Indent: Left: 0.81", Numbered +
Level: 4 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 2.56" +
Indent at: 2.81"
Formatted: Font: Not Italic
Comply with one (1) of the following:
Formatted: Font: Not Italic
a)
Formatted: Indent: Left: 0.56", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 2.19" +
Indent at: 2.44"
Have components which are exempted from the requirement of being listed in federal
food additive regulations as specified in 21CFR 170.39, Threshold Of Regulation For
Substances Used In Food-Contact Articles, or
b) Comply with and be listed in:
1) 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
2) 21 CFR 182 - Substances Generally Recognized as Safe, 21 CFR 184 - Direct Food
Substances Affirmed as Generally Recognized As Safe, or 21 CFR 186 - Indirect
Food Substances Affirmed as Generally Recognized as Safe for use in contact with
food; and
3.
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.56" + Indent at: 1.86"
Be applied only to hands that are cleaned as specified in these regulations.
70
Formatted: Indent: Left: 0.81", Numbered +
Level: 4 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 2.56" +
Indent at: 2.81"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 1.06" + Indent
at: 1.31"
Formatted: Indent: Left: 0.56", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 2.19" +
Indent at: 2.44"
B. If a hand antiseptic or a hand antiseptic solution used as a hand dip does not meet the criteria
specified under Subsection A(2) 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
2.
Limited to situations that involve no direct contact with food by bare hands.
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 (ppm) chlorine.
Maintenance of fingernails.
A. Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and
surfaces are cleanable and not rough.
B. Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or
artificial fingernails when working with exposed food.
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.56" + Indent at: 1.86"
Formatted: Indent: Left: 0.56", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 2.19" +
Indent at: 2.44"
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.56" + Indent at: 1.86"
Formatted: Space Before: 6 pt
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
Prohibition of jewelry.
Employees may not wear jewelry on their hand or arms while preparing food except that a medical
identification bracelet may be worn on a wrist or a band with no stones or objects attached to it may be
worn on a finger.
Formatted: Space Before: 6 pt
Clean condition, outer clothing.
Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils,
linens, and single-service and single-use articles.
Formatted: Space Before: 6 pt
Eating, drinking, or using tobacco.
Except as specified in Subsections B and C of this section:
A. An employee shall not eat, drink, or use any form of tobacco where the contamination of exposed
food; clean equipment, utensils, and linens; unwrapped single-service and single-use articles; or
other items needing protection can result.
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.56" + Indent at: 1.86"
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.
C. The premises must comply fully with NRS 202, “Nevada Clean Indoor Air Act”.
Discharges from the eyes, nose, and mouth.
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 single-service or single-use articles.
Effectiveness of hair restraints.
71
Formatted: Indent: Left: 0.56", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 2.19" +
Indent at: 2.44"
Formatted: Body Text, Indent: Left: 0.31",
Hanging: 0.25", Numbered + Level: 2 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 1.56" + Indent
at: 1.86"
Formatted: Font: Bold, Font color: Blue
A. Except as provided in Subsection B, food employee’s hair must be restrained by any effective
means to keep hair from contaminating 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 single-use articles.
Formatted: Indent: Left: 0.31", Numbered +
Level: 2 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.81" +
Indent at: 1.06"
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.81" + Indent at: 1.06"
C. All food handlers shall maintain their hair in a neat and clean condition.
D. All food handlers must wear a hair net if their hair is longer than the collar. Hair which is shorter
than the collar may be restrained by any effective means.
E.
Sideburns, beards and mustaches must be cropped closely and well groomed.
Formatted: Font color: Blue
Handling animals prohibition.
A. Except as specified in Subsection 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 these regulations.
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
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 crustaceans in
display tanks if they wash their hands as prescribed in these regulations.
Formatted: Space Before: 6 pt
SECTION 015
FOOD PROTECTION MANAGER TRAINING AND CERTIFICATION
Part A: GENERAL PROVISIONS
015.000
PURPOSE AND INTENT
1.
Purpose
It is the purpose of this section to attain a uniform standard of training and
certification in food protection management to meet the needs of a widely diverse
group of individuals, organizations, and agencies interested in the certification of
Food Protection Managers.
2.
Intent
A.
There shall be a program of Food Protection Manager Certification conducted
under the direction of the Health Authority. Such a program will have as its
primary goal the assurance that persons in management or supervisory positions
within the food and beverage industry understand and practice proper food
protection principles in their
food establishments and comply with the
provisions set forth in these regulations, to prevent
food borne disease.
B.
There shall be a program of Food Protection Instructor Certification conducted
under the direction of the Health Authority. Such a program will have as its
72
primary goal the establishment of minimum standards of competency for those
individuals who conduct Food Protection Manager Training Courses, which
prepare students for Food Protection Manager Certification.
PART B: CERTIFICATION OF FOOD PROTECTION
MANAGERS AND FOOD PROTECTION INSTRUCTORS
015.110
FOODSERVICE MANAGER CERTIFICATE REQUIRED
All food establishments, as defined in Section 101.045 of these regulations, and issued
permits by the Health Authority through June 30, 2004, shall be under the direct
supervision of a certified food service manager or certified food protection manager. The
certified foodservice manager or certified food protection manager may not always be
physically present, but must be available via telephone communication when needed. A
foodservice manager acting under the instructions and control of the certified food service
manager or certified food protection manager must be present in the food establishment
during all hours of operation.
1.
015.115
A minimum of one (1) certified food service manager or certified food protection
manager at each food establishment is required. Effective until June 30, 2004.
EXEMPTIONS
A food establishment may be exempted from the requirements of Section 015.110 of these
regulations, through June 30, 2004, if:
015.117
CERTIFIED FOOD PROTECTION MANAGER REQUIRED
Formatted: Font: Bold
Certified Food Protection Manager required.
1. Effect July 01, 2004, every permitted food establishment as defined in Section 010.045
of these regulations, except Risk Level I Food Establishments and
Temporary Food
Establishments, shall be under the operational supervision of a Certified Food Protection
Manager.
A.
Formatted: Space Before: 6 pt, After: 6 pt
Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Indent: Left: 0.56", First line: 0"
Each Risk Level I Food Establishment, as defined in Section 010.116, shall
designate a person in charge that is present at the food establishment during all
hours of operation.
B.
Each Risk Level II and Risk Level III Ffood Eestablishment, as defined in
Sections 010.117 and 010.118 these regulations, shallmust employ a minimum
of one (1) full- time
Certified Food Protection Manager. A person-in-charge
must be designated to perform foodservice activities under the direct supervision of a
Certified Food Protection Manager during all hours when the Certified Food Protection
Manager is not physically present. The Certified Food Protection Manager must be
available via telephone communication when not physically present.
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C. Each Risk Level IVIII Ffood Eestablishment, as defined in Section 010.019these
regulations, shallmust
employ a minimum of one (1) full- time Certified Food
Protection Manager who is
required to be present on the premises during all
73
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hours when high-risk food
handling activities such as, but not limited to,
cooking, cooling, reheating and/or
extensive handling of raw foods, are being
conducted. A Certified Food
Protection Manager shall designate a person in
charge, acting under his/her
direct supervision during his/her absence, while lowrisk food handling activities
are being conducted. Incidental absences of the
Certified Food Protection Manager do to temporary illness, short errands off the premises
and when low-risk food activities are being conducted shall not constitute a violation of
this section. A person-in-charge must be designated to perform foodservice activities
under the direct supervision of a Certified Food Protection Manager during all hours when
the Certified Food Protection Manager is not physically present. The Certified Food
Protection Manager must be available via telephone communication when not physically
present.
Formatted: Space Before: 6 pt, After: 6 pt
D.
A
B
Each Risk Level V Food Establishment, as defined in Section 010.1195, shall
employ a minimum of one full time Certified Food Protection Manager who is
present at the food establishment during all hours of operation.
The following permitted food establishments are exempted from the Certified Food Protection
Manager requirements:
1.
Risk Level I food establishments provided that a designated person-in-charge is present at
the food establishment during all ours of operation; and
2.
Temporary food establishments.
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Before: 6 pt, After: 6 pt, Numbered + Level:
1 + Numbering Style: A, B, C, … + Start at: 1
+ Alignment: Left + Aligned at: 0.63" +
Indent at: 0.88"
For facilities operating under multiple food permits, only one (1) Certified Food Protection
Manager is required provided that the following conditions have been satisfied:
1.
All permitted food establishments involved are Risk Level II food establishments;
2.
Each permitted food establishment involved is under the same ownership;
3.
The permit must be for food establishments operating in the same building;
4.
The square footage of the building does not exceed 5,000 square feet; and
5.
The Certified Food Protection Manager must demonstrate they have operational supervision
over all the permitted food establishments.
Risk Level I food establishments, child care centers.
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Permitted food establishments at child care centers are considered Risk Level I food establishments under
the following food handling conditions:
A. Cutting fruits and vegetables, unless melons, leafy greens, or tomatoes are being cut;
B. Milk used as a beverage;
C. Milk poured onto dry cereal;
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Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.5"
D. Single-service, commercially processed and precooked or pasteurized potentially hazardous food
(time/temperature control for safety food), in their original package for immediate service or
warmed in their original package for immediate service; or
E. All other food handling operations conducted as a Risk Level I food establishment.
015.118
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SPECIAL CIRCUMSTANCE
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Special circumstances.
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74
1.
a
Newly permitted food establishments, except Risk Level I Ffood Eestablishments and
Ttemporary Ffood Eestablishments, shallmust be under the operational supervision of
Certified Food Protection Manager/Certified Foodservice Manager within 60 days
from the issuance date of the permit to operate.
2.
Permitted food establishments which are not in compliance with Section 015.110 or
015.117 the requirements to have a Certified Food Protection Manager because of
employee turnover or other loss of certified personnel, shall have
60 days from date of
loss of the Certified Food Protection Manager/Certified Food Service Manager to
comply, provided there is documentation at the food establishment showing that a
Certified Food pProtection Manager/Certified Food Service Manager was employed
within the last 60 days.
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3.
Incidental absences of the Certified Food Protection Manager/Certified Food Service
Manager due to temporary illness, short errands off the premises, etc., shall not
constitute a violation of this Section, provided there is documentation that a Certified
Food Protection Manager/Certified Food Service Manager was scheduled to work at
that time. A person in charge shall be designated to perform the food service activities
under the direct supervision of a Certified Food Protection Manager/Certified
Foodservice Manager during all hours when the Certified Food Protection
Manager/Certified Foodservice Manager is not physically present.
4. Food Protection Manager Ccertificates issued by the Health Authority an accredited
certification organization shallmust be
prominently posted in the food establishment
next to the permit to operate.
015.119
REQUIREMENTS FOR FOOD PROTECTION MANAGER CERTIFICATION
Requirement for food protection manager certification.
Food Pprotection Mmanager Ccertification shall be accomplished by: passing a food safety
certification examination from an accredited certification organization recognized by the CFP.
015.125
1.
Successfully completing a Food Protection Manager Training Course approved by the
Health Authority;
2.
Passage of a recognized examination; and
3.
Payment of the certificate fee to the Health Authority.
FOOD PROTECTION MANAGER CERTIFICATE AND PHOTO
IDENTIFICATION CARD ISSUANCE. Original Food Protection Manager
Certificates.
Certificates and photo identification cards issued under this section shall:
1.
Be issued only after the Health Authority has received all of the following;
A.
An application, made in writing and on forms provided by the Health Authority
for Food Protection Manager certification;
B.
Documentation of successful completion of a Food Protection Manager Training
Course or alternate method of training previously approved by the Health
Authority.
75
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015.132
C.
Documentation of passage of a recognized examination;
D.
A copy of the applicant’s driver’s license or other form of photo identification;
E.
A current photograph of the applicant; and,
F.
Payment of the certificate fee to the Health Authority.
2.
Be issued as of the date when the applicant passed the recognized examination; and,
3.
Expire five years from the date of passage of the recognized examination.
REPLACEMENT OR DUPLICATE CERTIFICATES AND PHOTO
IDENTIFICATION CARDS
Replacement or duplicate certificates and photo identification cards shall:
1.
2.
015.133
Be issued after the Health Authority has:
A.
Received an application, made in writing and on forms provided by the Health
Authority;
B.
Received payment of the certificate replacement fee;
C.
Taken a photograph of the applicant; and
Be issued with the same expiration date as the original certificate and photo
identification care previously issued by the Health Authority.
RECIPROCITY
1.
The Health Authority may recognize similar course work and/or certificates, develop
reciprocity agreements or similar approval with industry, state, or local health
departments outside of this jurisdiction and approve applications for reciprocity for
Food Protection Manager certification, provided that:
A.
The course work and passage of a recognized examination was completed
within five years of applying for Reciprocity for Food Protection Manager
Certification with the Health Authority;
B.
The standards for course content are essentially equivalent to Section 015.200
(C);
C.
The reciprocal course is approved by the Health Authority in writing; and
D.
The applicant pays the non-refundable reciprocity fee and certificate fee to the
Health Authority.
2.
If the Health Authority approves the applicant for reciprocity, a Food Protection
Manager certificate and photo I.D. shall be issued to the applicant, which shall be
valid for five years from the date of successful passage of the recognized
examination. Applicants must have their photograph taken by the Health Department
staff at the time of application submission.
3.
Reciprocity agreements will be reviewed on an annual basis by the Health Authority.
76
015.134
CHANGE OF NAME OR ADDRESS
Certificate holders shall inform the Health Authority of any name or address change. Legal
documentation such as marriage certificates, divorce decrees or court orders shall be
provided for any change in name.
015.138
REQUIREMENTS FOR CERTIFIED FOOD PROTECTION MANAGER
RECERTIFICATION
1.
2.
015.142
Certified Food Protection Managers shall have completed one of the following
training and testing activities within one year prior to the expiration of their Food
Protection Manager certificates:
A.
Successful completion of an approved initial Food Protection Manager
Certification Training Course as outlined in Section 015.200, of these
regulations, and passage of a recognized examination;
B.
Successful completion of an approved six-hour Food Protection Manager
Recertification Training Course, as outlined in Section 015.205, and passage of
a recognized examination; or
C.
Completion of an alternative method of training, as outlined in Section 015.230,
“Criteria for Alternative Methods of Training”, of these regulations, previously
approved by the Health Authority, and passage of a recognized examination.
There shall be no grace period for renewal of a Food Protection Manager
Certificate. Completion of an approved training course and passage of a recognized
examination must be completed no earlier than one year prior to and no later than the
date of the certificate’s expiration.
RENEWAL CERTIFICATE AND PHOTO IDENTIFICATION CARD ISSUANCE
Renewal certificates and photo identification cards shall be issued after the Health
Authority has received all of the following:
1.
An application for Food Protection Manager certificate renewal, made in writing on
forms provided by the Health Authority;
2.
Documentation of attending a training course or other alternate method of training,
approved by the Health Authority for recertification of Certified Food Protection
Managers, within one year prior to the expiration of the applicant’s current certificate
issued by the Health Authority;
3.
Documentation of successful passage of a recognized examination within one year
prior to the expiration of the applicant’s current certificate issued by the Health
Authority;
4.
A copy of the applicant’s current Food Protection Manager Certificate or photo
identification card issued by the Health Authority or if the applicant does not
currently hold a valid certificate issued by the Health Authority but has taken both an
initial Food Protection Manager Training Course or alternative method of training
previously approved by the Health Authority and passed a recognized examination
within the past five years of completion of the approved recertification course and
recognized examination documentation of attending an approved initial training
course and passage of the CFP recognized examination;
77
015.145
5.
Payment of the Health Authority’s certificate fee (fees submitted are not refundable if
not accompanied by all necessary items listed in this section); and
6.
A photograph of the applicant taken by the Health Authority at the time of application
submission.
RESPONSIBILITIES OF CERTIFIED FOOD PROTECTION MANAGERS
AND/OR PERSONS IN CHARGE
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Certified Food Protection Manager, responsibilities.
In addition to the responsibilities associated with being a designated person-in-charge,
Certified Food Protection Managers and/or designated persons in charge of food
establishments shallmust:
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A.
1.
Ensure that employees and other persons such as delivery, and maintenance and
pesticide applicators entering food preparation, food storage, and warewashing areas
comply with the Regulations of the Washoe County District Board of Health
Governing Food Establishments;
2.
Ensure that persons unnecessary to the food establishment are not allowed in the food
preparation, food storage, or warewashing areas; brief visits and tours may be
authorized if steps are taken to ensure that exposed food, clean equipment, utensils,
linens and unwrapped single service and single-use articles are protected from
contamination;
3. Be responsible for identifying food safety hazards in the day-to-day operation of the food
establishment;
4.
B.
C.
D.
Ensure that employees are effectively cleaning their hands by routinely monitoring
the employees’ handwashing;
5. Develop and implement specific policies, procedures and standards aimed at
food borne illnessdisease;
6.
preventing
Ensure that consumers who order raw or partially cooked ready-to-eat foods of animal
origin are informed, as required in Section 030.603 of these regulations, that the food
is not cooked sufficiently to ensure its safety;
7. Coordinate training, supervise or direct the food preparation activities, and take corrective
action as needed to protect the health of the consumer; and,
8. Conduct in-house self-inspections of daily operations on a periodic basis to see that
procedures concerning food safety are being followed.
Items 1, 2, 4, and 6 relocated to “Person-in-charge”
015.155
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Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.5"
FOOD PROTECTION INSTRUCTOR CERTIFICATE REQUIRED
Any person who conducts Food Protection Manager Certification and/or Recertification
Courses within the Health District or conducts courses outside of the Health District for
individuals seeking certification in Washoe County, shall obtain a Food Protection
Instructor Certificate issued by the Health Authority.
78
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Numbering Style: A, B, C, … + Start at: 2 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"
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Numbering Style: A, B, C, … + Start at: 3 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"
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Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 4 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.5"
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015.165
REQUIREMENTS FOR FOOD PROTECTION INSTRUCTOR CERTIFICATION
Food Protection Instructor Certification shall be accomplished by all of the following:
1.
Successful completion of a training course for Food Protection Instructors approved
by the Health Authority;
2.
Passage of the Health Authority’s Food Protection Instructor Examination with a final
score of 75% or higher. An individual can attempt the Instructor’s Examination twice.
If a final score of 75% or higher is not received on the second attempt, the applicant
shall take an approved training course for Food Protection Instructors again prior to
retaking the Food Protection Instructor Examination;
3.
Possession of a valid Food Protection Manager Certificate issued by the Health
Authority;
4.
Minimum experience or education prior to initial application for certification
consisting of one of the following;
A. Two years experience as a food protection manager or food quality
assurance/quality control officer with written verification from the applicant’s
employer;
B.
Two years experience with a regulatory agency with work in food protection,
verified in writing from the applicant’s employer;
C.
Completion of a degreed program from an accredited university or college,
verified by a transcript from that educational institution, in one of the following:
D.

Food Protection

Food Science/Technology

Epidemiology

Environmental/Public Health

Culinary Arts

Hotel/Restaurant Management

Microbiology with an emphasis on food protection;
Two years experience conducting training programs as substantiated by adult
educational background or practical experience with written verification from
the applicant’s employer, as:

A faculty member of a college, university, or community college;

A teacher in an accredited technical school, vocational school, or high
school;

A professional trainer, or
79

E.
5.
015.168
A holder of a valid teaching certificate, or
possession of a valid Food Protection Instructor Certificate/Foodservice
Sanitation Instructor Certificate issued to the applicant by the Health Authority,
prior to the effective date of these regulations; and
payment of the required fees to the Health Authority.
FOOD PROTECTION INSTRUCTOR CERTIFICATE AND PHOTO
IDENTIFICATION CARD ISSUANCE. Original Food Protection Instructor
Certificate Issuance.
Certificates and photo identification cards under this section shall:
1.
be issued only after the Health Authority has received all of the following:
A.
2.
an application, in writing and on forms provided by the Health Authority, for
Food Protection Instructor Certification which shall contain the following
information:
1.
Applicant’s full name, mailing address, business and home phone numbers,
and employer;
2.
A statement indicating food industry work experiences, training/teaching
experience, or regulatory work experience; and the names, addresses and
phone numbers of three references to verify employment and/or
educational experiences; and
3.
A statement initialed by the applicant agreeing to comply with Section 015
of these regulations;
B.
A copy of the applicant’s valid Food Protection Manager
Certificate/Foodservice Manager Certificate;
C.
A copy of the applicant’s course curriculum and/or syllabus for the Food
Protection Manager Certification Course to be conducted, which shall meet the
requirements set forth in Section 015.200(C) of these regulations and approved
by the Health Authority;
D.
Documentation showing successful completion of an approved course for the
certification of Food Protection Instructors with course content and elements of
knowledge as outlined in Section 015.305(A);
E.
Documentation showing successful passage of the Health Authority’s Food
Protection Instructor examination;
F.
A copy of the applicant’s driver’s license or other form of photo identification;
G.
Payment of the certificate fee to the Health Authority; and
H.
A current photograph of the applicant to be taken by the Health Authority at the
time of application submission;
Be issued as of the date when the applicant successfully passed the Health Authority’s
Food Protection Instructor examination; and
80
3.
015.175
Expire five years from the date of passage of the Food Protection Instructor
Examination. Certificates will be valid for five years unless revoked as set forth in
Section 015.400 (A) of these regulations.
REPLACEMENT OR DUPLICATE FOOD PROTECTION INSTRUCTOR
CERTIFICATESAND PHOTO IDENTIFICATION CARDS
Replacement or duplicate certificates and photo identification cards shall:
1.
2.
015.180
Be issued after the Health Authority has received all of the following:
A.
An application made in writing and on forms provided by the Health Authority,
B.
Payment of the certificate replacement fee; and
C.
A current photograph of the applicant taken by the Health Authority at the time
of application submission; and,
Be issued with the same expiration date as the original Food Protection Instructor
Certificate/Foodservice Sanitation Instructor Certificate and photo identification card,
previously issued by the Health Authority.
REQUIREMENTS FOR CERTIFIED FOOD PROTECTION INSTRUCTOR
RECERTIFICATION
1.
2.
All Certified Food Protection Instructors shall complete at least 16 hours of
continuing education every five years for recertification. The continuing education
hours may cover, but are not limited to, the following subject areas:
A.
B.
Updates in Food Safety and Sanitation;
HACCP Concepts;
C.
Effective Communication Skills and Interpersonal Relationships;
D.
Needs Assessing;
E.
Designing, Preparing, Delivering and Evaluation of Training Programs; and
F.
Evaluation and Results Application.
The following are examples of documentation of attendance and completion of
continuing education hours:
A.
A college transcript with course description;
B.
A certificate of completion of a course with a course description;
C.
Documentation of continuing education contact hours for training from a
professional organization; or
3.
A course subject outline with written verification of attendance from the course
instructor;
4.
When an instructor has not completed 16 hours of continuing education contact hours
prior to the certificate’s expiration, reapplication shall require compliance with
81
Section 015.165 and 015.168 of the initial Food Protection Instructor certification
process.
015.185
CERTIFIED FOOD PROTECTION INSTRUCTOR RENEWAL
Certificate and Photo Identification Card Issuance
Renewal certificates and photo identification cards shall be issued after the Health
Authority has received all of the following:
015.190
1.
An application for Food Protection Instructor certificate renewal, made in writing and
on forms provided by the Health Authority;
2.
Documentation of hours of continuing education, as outlined in Section 015.180 (A)
and (B);
3.
Current syllabus and/or course curriculum for food protection manager certification
and/or recertification courses, to be conducted as previously approved by the Health
Authority;
4.
Payment of the Health Authority’s Food Protection Instructor Recertification Fee; and
5.
A photograph of the applicant, to be taken by the Health Authority at the time of
application submission.
RESPONSIBILITIES OF CERTIFIED FOOD PROTECTION INSTRUCTORS
1.
2.
The Certified Food Protection Instructor shall:
A.
Submit to the Health Authority a class schedule including times, dates and
location(s), no later than two weeks prior to the start of each class to be
conducted;
B.
Maintain documentation for a minimum of one year, to be reviewed by the
Health Authority upon request, verifying hours of contact time for each
individual attending each class and to ensure that each individual taking the
recognized examination has attended at least 16 hours of contact time prior to
sitting for the examination;
C.
Within 30 working days of proctoring a recognized examination, submit class
enrollment information including each candidate’s name, official
documentation of candidate examination results from the certification
organization showing passing/failing scores, date of examination and names of
approved instructors, test administrators, and/or proctors/monitors;
D.
Use the course syllabus previously filed with and approved by the Health
Authority (any syllabus content revision shall be sent to the Health Authority for
approval prior to use); and,
E.
Follow all protocols set forth by the certification organization for the
administration and security of recognized examinations.
The Health Authority shall monitor the performance of all Certified Food Protection
Instructors and reserve the right to audit examination administrators, proctors, and
monitors to verify security measures and compliance with these regulations.
82
Part C: REQUIREMENTS FOR FOOD PROTECTION
MANAGER AND FOOD PROTECTION INSTRUCTOR
TRAINING COURSES. ADMINISTRATION OF
RECOGNIZED EXAMINATIONS
015.200
CRITERIA FOR COURSE CONTENT FOR THE CERTIFICATION OF FOOD
PROTECTION MANAGERS. Requirements for Initial Food Protection Manager
Certification Course
1.
A Certified Food Protection Instructor/Certified Food Service Sanitation Instructor
shall conduct only courses approved by the Health Authority.
2.
Each Food Protection Manager Certification Course shall meet the standards for
content and length of training, and must be based on:
A.
The “Standards for Accreditation of Food Protection Manager Certification
Programs”, Annex B (B.5), developed by the Conference for Food Protection;
B.
The “Washoe County District Board of Health Regulations Governing Food
Establishments”; and,
C.
The current edition of the Food and Drug Administration’s “Model Food Code”.
3.
Subject Area—Core Competencies, Elements of Knowledge, Content,
Contact Hours.
The core competencies, elements of knowledge, course content and minimum contact
hours of training to be achieved are as follows:
A.
Identify food borne illness:
1.
2.
2 hours
Define terms associated with food borne illness;

Food borne outbreak

Food borne illness

Food borne infection

Food borne intoxication

Diseases communicated by food

Food borne pathogens
Recognize the major microorganisms and toxins that can
contaminate food and the problems associated with the contamination:

Bacteria
83
B.
Viruses

Parasites

Fungi
3.
Define and recognize potentially hazardous foods.
4.
Define and recognize chemical and physical contamination
and the illnesses that can be associated with these types
of contamination.
5.
Define and recognize the major contributing factors for
food borne illness.
6.
Recognize how microorganisms cause food borne illness.
Identify time/temperature relationships with food borne illness.
1.
2.
C.

2 hours
Recognize the relationship between time/temperature and
microorganisms (survival, growth, toxin production and spore
development) during the follow stages:

Receiving

Storage

Thawing

Cooking

Holding/displaying

Serving

Cooling

Post-production storage

Reheating

Transporting
Describe the use of thermometers in monitoring food
temperatures:

Types of thermometers

Techniques and frequency

Calibration and frequency
Describe the relationship between personal hygiene and
food safety.
84
2 hours
1.
2.
3.
4.
D.
Recognize the association of hand contact and food borne
illness:

Hand washing technique and frequency

Proper use of gloves, including replacement frequency

Minimal hand contact with food
Recognize the association of personal habits and behaviors
with food borne illness:

Smoking

Eating and drinking

Wearing clothing that may contaminate food

Personal behaviors, including sneezing, coughing, etc.
Recognize the association of food handler health and food borne illness:

Free of symptoms of communicable disease

Free of infections spread through food on contact

Food protected from contact with open wounds
Recognize how policies, procedures and management contribute to
improving food hygiene practices.
Describe methods for preventing food contamination from
purchasing to serving .
1.
2.
3.
2 hours
Define terms associated with contamination:

Contamination

Adulteration

Damage

Approved source

Sound and safe condition
Identify potential hazards prior to delivery and during delivery of foods:

Approved source

Sound and safe conditions
Identify potential hazards and methods to minimize or eliminate hazards
after delivery:
85
E.
F.
Personal hygiene

Cross-contamination including food to food and equipment and
utensil contamination

Types of chemical, physical and additive contamination

Service/display and customer contamination

Storage

Re-Service
Recognize the principles of HACCP.
1.
Define HACCP
2.
Identify the seven steps in developing a HACCP Plan
3.
Recognize the importance of prerequisite programs for
successful implementation of a HACCP System
4.
Develop and implement a successful HACCP System
Identify and apply correct procedures for cleaning and
sanitizing equipment and utensils.
1.
Define terms associated with cleaning and sanitizing
2.
Apply principles of cleaning and sanitizing
3.
Identify materials, equipment, detergents, and sanitizers
4.
Apply appropriate methods of cleaning and sanitizing
5.
G.


Manual warewashing

Mechanical warewashing

Clean-in-place
2 hours
Identify frequency of cleaning and sanitizing
Recognize problems associated with facility design, equipment
selection and layout and potential solutions for correction:
1.
2 hours
Identify facility design and construction practices suitable for
food establishments;

Refrigeration

Heating and hot-holding

Floors, walls and ceilings
86
1 hour
H.
I.
Pest control

Lighting

Plumbing

Ventilation

Water supply

Waste water disposal

Waste disposal

Sneeze guard installation
Recognize problems and potential solutions associated with
temperature control, preventing cross-contamination, housekeeping and maintenance:
1.
Develop and implement employee food protection training
programs.
2.
Develop and implement a self-inspection program.
3.
Develop and implement an equipment and facility maintenance
program.
4.
Develop and implement cleaning schedules and
procedures.
Identify codes and regulations related to food establishments:
1.
2.
015.205

2 hours
1 hour
Public Health Codes and Regulations:

The Nevada Revised Statutes Chapters 446 and
439.200 and Nevada Administrative Code, Chapters
446.010 thru 446.960;

The Regulations of the Washoe County District Board of
Health Governing Food Establishments; and

The Food and Drug Administration’s Model Food Code
The Health Authority’s Food Establishment Inspection Report
and its use as a tool in the food establishment’s food protection
program.
CRITERIA FOR COURSE CONTENT FOR RECERTIFICATION OF CERTIFIED
FOOD PROTECTION MANAGERS.
1.
A Certified Food Protection Instructor shall conduct only recertification courses
approved by the Health Authority.
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2.
Recertification courses for Certified Food Protection Manager certificate renewal
shall contain the minimum elements of knowledge and course content set forth in
Subsection C below. Six (6) hours of contact time is required for recertification
courses, excluding the proctoring of a recognized examination.
3.
Subject Area—Core Competencies, Elements of Knowledge, Content.
A.
B.
C.
Identify the main causal factors for food borne illness:
1.
Recognize the sources of microbial contamination (raw food, food handler,
water supply, and pests) and identify ways to minimize the risks associated
with biological contamination.
2.
Recognize the major microorganisms and toxins that can contaminate food,
and their origin.
3.
Recognize the differences between biological, chemical, and physical
contamination hazards, and identify methods for checking and preventing
the risks associated with each type of hazard.
4.
Define, recognize and identify potentially hazardous food(s).
5.
Recognize the types of contamination and implement prevention methods
such as:
a)
Separating raw from cooked and ready-to-eat foods.
b)
Separating and storing different types of raw animal foods.
c)
Washing hands after touching raw foods.
d)
Washing, rinsing, and sanitizing equipment and utensils between raw
and ready-to-eat food handling.
Identify the environmental factors needed for bacterial growth:
1.
Recognize how environmental factors can be used as barriers to growth of
microorganisms;
2.
Recognize the relationship between time/temperature and microorganism
survival, growth, toxin production and spore development; and,
3.
Identify conditions in the flow of food that could lead to the growth and
development of microorganisms and develop procedures to eliminate or
change inappropriate food handling practices.
Define HACCP and identify the seven steps in developing a HACCP Plan:
1.
Recognize hazards in the flow of food;
2.
Identify critical control points in the flow of food;
3.
Develop and apply critical limits for critical control points;
4.
Develop and apply a system to monitor critical control points;
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5.
Recognize situations when critical limits are exceeded and implement
appropriate corrective actions;
6.
Develop and implement a record-keeping system; and,
7.
Implement a self-inspection program to verify that a HACCP system
works.
D.
Develop a complete HACCP Plan for the preparation of a specific potentially
hazardous food.
E.
Recognize standard operating procedures (SOPs) and their importance in the
successful implementation of a HACCP System.
1.
2.
3.
4.
Describe the uses of thermometers.
a)
Identify various types used in food establishments.
b)
Recognize the importance of accurate recording of times and
temperatures.
Identify and apply correct procedures for cleaning and sanitizing of food
contact surfaces and equipment.
a)
Identify materials, equipment, detergents, cleaners and sanitizers used
in food establishments.
b)
Identify and apply cleaning and sanitizing methods at
appropriate frequencies.
Describe the relationship between personal hygiene and food safety.
a)
Recognize the importance of frequent, thorough and proper
hand washing in reducing the risk of food borne illness.
b)
Describe ways to minimize hand contact with food.
c)
Recognize the importance of proper glove use.
d)
Identify personal hygiene behaviors at each stage in the flow of food,
and implement and enforce strict personal hygiene policies.
e)
Recognize the importance of requiring employees to report health
problems and apply appropriate actions to reduce the risk of
contamination by ill employees.
Identify the steps in the flow of food and recognize the importance of
implementing SOPs at each step.
a)
Purchasing Specifications
b)
Receiving and Storage/Shellfish Tags/Certificates of Conformance
c)
Preparation/Thawing/Time-Temperature Control
d)
Cooking Temperatures
89
F.
G.
H.
015.210
015.220
e)
Cold and Hot-Holding
f)
Cooling
g)
Reheating
Recognize problems and apply appropriate solutions associated with
time/temperature control, preventing cross-contamination, housekeeping and
maintenance.
1.
Develop and implement employee food protection training programs.
2.
Develop and implement a self-inspection program for a food
establishment.
3.
Development and implement cleaning procedures and schedules.
4.
Develop and implement an equipment and facility maintenance program.
Recognize the codes and regulations related to food establishments.
1.
Identify amendments and updates to the FDA Model Food Code.
2.
Identify amendments and updates to the Nevada Revised Statutes and the
Nevada Administrative Code pertaining to food establishments.
3.
Identify amendments to The Regulations of the Washoe County District
Board of Health Governing Food Establishments.
Identify the Health Authority’s Food Inspection Reports and recognize their
importance as an assessment tool to implement appropriate changes in food
protection practices.
MAKE-UP WORK
1.
Make-up work shall be reserved for extraordinary situations such as illness, family
death, and other emergency situations. Its use shall be reviewed on a case-by-case
basis and approved by the Certified Food Protection Instructor prior to the student
taking the recognized exam.
2.
The documentation requirement set forth in Section 015.190(A)(2) must reflect makeup work contact time, subjects missed during class, and the subjects covered during
the make-up session.
HOME STUDY
Home study, other than make-up work as described in Section 015.210, shall not be
approved by the Health Authority unless it meets the criteria set forth in Section 015.230 of
these regulations.
015.230
CRITERIA FOR ALTERNATIVE METHODS OF TRAINING
Alternative methods of training such as, but not limited to, interactive computer programs,
interactive videos, correspondence courses or distance learning may be approved by the
Health Authority for purposes of certifying or recertifying Food Protection Managers, if the
90
provider/developer/sponsor of the training submits the following information to the Health
Authority for approval prior to use:
1.
015.240
Documentation that the training course is:
A.
Equivalent to the subject area, elements of knowledge, and content described in
Section 015.200 (C); and
B.
Based on a psychometrically valid job analysis developed by personnel that
include qualified test development specialists and a representative group of
individuals with significant experience in food protection management. The job
analysis study must be used as the basis for examination development, which
ultimately shall be recognized by the Conference for Food Protection.
2.
Documentation that applicants for certification or recertification have successfully
participated in a Food Protection Manager Training Program which provides the
knowledge and skills in food protection management necessary to implement the
elements of knowledge and content in Section 015.200(C) of these regulations.
3.
The Health Authority reserves the right to evaluate the effectiveness of the alternative
method of training. Approval may be revoked if the Health Authority determines that
the alternative method of training is not effective in preparing applicants to pass a
recognized Food Protection Manager Certification Examination and/or implement
proper food protection policies, procedures or standards in food establishments.
COURSE DENIAL
Approval of a Food Protection Manager Certification Course shall be cancelled based on
performance of the students taking recognized examinations. A failure rate of 33% or
higher of the participants in two consecutive classes or in three out of five classes shall be
grounds for course disapproval. The Health Authority will work closely with each new
instructor and assist any instructor with course review or presentation techniques when a
second, high failure class is noted.
015.250
ADMINISTRATION OF RECOGNIZED EXAMINATIONS
1.
Recognized examinations administered by an accredited certification organization
shall comply fully with all criteria set by the CFP and must meet explicit and implicit
standards to protect the public from food borne illness.
A.
Certifying organizations must provide each test administrator with a manual
detailing the requirements for all aspects of the examination administration
process.
2.
Certified Food Protection Instructors, examination administrators, proctors and
monitors shall administer recognized examinations in a manner that maximizes the
security of the examinations and insures that no one other than examinees see the
contents of the booklet or alternative testing medium. Examination administrators,
Certified Food Protection Instructors, proctors and monitors shall not be authorized to
view the examination questions.
3.
Special Accommodations
A.
Where special accommodations must be made for otherwise qualified candidates
under provisions of the Americans with Disabilities Act, arrangements must be
91
such that the examination contents are not revealed to any test administration
personnel with any conflict of interest.
B.
015.260
015.270
015.280
015.305
An individual who speaks English as a secondary language may use a dictionary
or other approved method of translation which translates English to the native
language.
EXAMINATION ADMINISTRATORS
1.
Examination administrators shall be responsible for the organization and
administration of all examination site activities and procedures, for the accurate
identification of each examinee, and supervision of the activities of monitors and
proctors. Certified Food Protection Instructors may serve in the role of a test
administrator and must recognize the difference between their role as Instructor and
Examination Administrator.
2.
Monitors/Proctors shall work under the direction of the examination administrator,
and must have the ability to observe examinee behaviors, accurately distribute and
collect test materials, and assist the examination administrator as assigned. There
shall be no less than one examination administrator/proctor/monitor per thirty-five
(35) examinees.
3.
Examination administrators shall provide sites for administration of recognized
examinations that conform to all legal requirements for safety, health, and
accessibility for all qualified candidates. All sites must provide sufficient spacing
between examinees in the area in which the examination is conducted or other
appropriate and effective methods, to preclude any examinee from viewing another
examinee’s examination.
CHEATING
1.
An individual determined to have cheated on a recognized examination shall not be
entitled to certification. The individual must retake an approved course before the
recognized examination again.
2.
An individual determined to have cheated on the Food Protection Instructor’s
examination shall not be certified as a Food Protection Instructor.
RETAKES OF RECOGNIZED EXAMINATIONS
1.
An individual who fails to pass a recognized examination may be retested after the
expiration of 10 working days from the date of taking the examination.
2.
An individual may only retake the recognized examination twice. If the individual
does not pass the exam after three attempts, it will be necessary to take an approved
Food Protection Manager Certification Course prior to taking the examination. All
attempts at retaking the examination must be completed within 120 days of
completing the approved course.
CRITERIA FOR COURSE CONTENT FOR THE CERTIFICATION OF FOOD
PROTECTION INSTRUCTORS
Applicants seeking Food Protection Instructor certification shall successfully complete an
approved eight-hour course on the Principles of Training and Development. The course
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must include, but not be limited to, the following minimum elements of knowledge and
content:
1.
Subject Area-Core Competencies, Specific Elements of Knowledge, Content
A.
B.
C.
Identify an Instructional Development Model.
1.
Identify the three major steps in designing a training course.
2.
Define needs assessment and identify ways to conduct needs assessments.
3.
Recognize the association between needs assessments, behavioral
objectives, and job performance.
Identify characteristics that influence the design and/or delivery of instruction.
1.
Specify how these factors may impact the design of an instructional
program.
2.
Describe the environmental factors, which affect how learning will occur.
3.
Recognize the characteristics of adult learners.
4.
Identify the characteristics of a target population and describe how they
affect the design and delivery of a training program.
5.
Describe how learning objectives specify what the learner will be able to
do as a result of instruction.
Identify the role of the trainer.
1.
D.
E.
Recognize trainer responsibilities and describe the activities associated
with the following:

Preparing to Train

Training

Evaluating the Results to Training
Recognize the three elements of instruction: an introduction, teaching/learning
activities, and practice and feedback.
1.
Describe how the three elements of instruction work together to facilitate
learning and produce the desired change in performance.
2.
Identify the components of a lesson plan.
3.
Identify alternatives to lectures and/or training tools used in designing an
instruction program.
Describe ways in which evaluations can be used to determine whether training
objectives have been met and whether training will be transferred to the job.
93
F.
Apply the components of the Instructional Development Model and develop a
Food Protection Manager Training Program designed to prepare food service
managers for certification in food protection.
Part D: ENFORCEMENT
015.400
ENFORCEMENT ACTIONS
1.
Certificate Revocation
A.
2.
Any Food Protection Manager Certificate, Food Protection Instructor
Certificate, may be revoked by the Health Authority when the holder of the
certificate repeatedly fails to comply with the Regulations of the Washoe
County District Board of Health Governing Food Establishments. Prior to
revocation, the holder of the certificate shall be given the opportunity for a
hearing before the Food Protection Hearing and Advisory Board, as outlined in
Section 190.800 of these regulations.
Other Enforcement Actions
A.
Mandatory retraining and/or certification may be required for Certified Food
Protection Managers employed in food establishments where there is displayed
an inability to maintain safe and sanitary food handling practices as
demonstrated by the occurrence of food borne illnesses, substantial health
hazards, or other factors increasing the risk to consumers.
1.
B.
C.
The Health Authority may require employees of a food establishment with
a history of repeated violations of these regulations, to attend an approved
training program in food protection principles.
If, during any inspection conducted by the Health Authority, a food
establishment is found not operating in compliance with Sections 015.110,
015.115, 015.117 or 015.118, the permit holder shall be:
1.
Issued a written order as part of the Notice of Violation (NRS446.895)
explaining the non-compliant condition, and
2.
Given a written order as part of the Notice of Violation (NOV) requiring
that within a 30 calendar day period from the date of the NOV;
a)
An appropriate food employee shall successfully complete an
approved Food Protection Manager Certification Course and pass a
recognized examination; or
b)
The food establishment shall hire a Certified Food Protection
Manager.
If a permit holder fails to comply with Section 015.400(B) (2), the District
Health Officer may suspend or revoke the food establishment’s health permit.
Prior to suspending or revoking the health permit, the permit holder shall be
notified in writing of the proposed action and the reasons for which the permit is
subject to suspension or revocation. The written notice shall advise the permit
holder of the requirements for filing a request for a hearing before the Food
94
Protection Hearing and Advisory Board. The hearing will be conducted in
accordance with Section 190.800 of these regulations.
D.
The Health Authority may take other appropriate enforcement actions pursuant
to the provisions of these regulations.
Certified Food Protection Manager, compliance and enforcement.
A. The Health Authority may not recognize the certificate of a Food Protection Manager who
repeatedly fails to:
1. Comply with the requirements outlined in these regulations; or
2. Provide operational supervision.
B. When the certificate of a Food Protection Manager is not recognized by the Health Authority as
specified in Subsection A of this section, the Health Authority may, without warning, notice, or
hearing, issue a written notice of violation in accordance with the requirements of these
regulations and may immediately suspend all food operations for failure to provide or maintain
operational supervision by a Certified Food Protection Manager.
C. Except as specified in Subsection B of this section, if it is determined by the Health Authority that
a food establishment is not being operated under the operational supervision of a Certified Food
Protection Manager, the permit holder shall be issued a written notice of violation requiring
operational supervision by a Certified Food Protection Manager within 30 calendar days.
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D. The Health Authority may take other enforcement action pursuant to the provisions of these
regulations.
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SECTION 020
FOOD SUPPLIES
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Safe, unadulterated, and honestly presented.
020.005
A. All food must be kept free from spoilage, filth, adulteration, misbranding and contamination and
keptmust be safe for human consumption.
B. Food must be protected from contamination and spoilage while it is being handled, packaged,
stored, displayed, and transported.
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C. Food must be protected from cross-contamination between foods, equipment, utensils, or other
surfaces which may come into contact with food and from contamination by insects, insecticides,
rodents, rodenticides, probe price markers or probe identification markers.
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Compliance.
020.010
A
Food must be obtained from approved sources. that comply with all applicable laws and
regulations relating to food and food handling and must be approved by the Health Authority.
Food must have been protected from contamination and spoilage while in transit and during
subsequent handling, packaging and storage.
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B
C
D
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If individually cut in a food establishment:
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b) Prepared so they remain intact; and
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c)
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Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form
without a consumer advisory as specified in these regulations must be:
2.
3.
020.015
...
Formatted
Fish, other than molluscan shellfish, that are intended for consumption in their raw form, and not
served to a highly susceptible population, may be offered for sale or service if they are obtained
from a supplier that certifies that the fish are frozen for parasite destruction; or fish is frozen on
the premises using appropriate industry guidelines to ensure parasite destruction and records are
retained as described in these regulations.
1.
E
Formatted
Except as specified under Cottage Food Operations or as specifically exempted in these
regulations, food that is prepared in a private home must not be sold, or offered or displayed for
sale or for compensation or contractual consideration of any kind, unless the person preparing the
food possesses a valid permit issued to him by the Health Authority for that purpose.
Obtained from a food processing establishment 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
Deemed acceptable by the Health Authority based on other evidence, such as written buyer
specifications or invoices, that indicates that the steaks meet the definition of “whole-muscle,
intact beef”; and
Cut from whole-muscle, intact beef that is labeled by a food processing establishment as
specified in Subsection D(1) of this section or identified as specified in Subsection D(2)
in this section;
If packaged for undercooking in a food establishment, labeled as specified in Subsection
D(1) of this section or identified as specified in Subsection D(2) of this section.
All meat, meat products, poultry and poultry products used in a food establishment must have
been properly labeled and inspected for wholesomeness under an official United States
Department of Agriculture (USDA) program and applicable Nevada law.
The use of food in hermetically sealed containers that was not prepared in an approved
processing establishment is prohibited. See Section “Food in hermetically sealed
containers”
Food in a hermetically sealed container.
Food in a hermetically sealed container must be obtained from a food processing establishment that is
regulated by the food regulatory agency that has jurisdiction over the establishment.
020.020
020.025
Bulk foods, once transferred from the original container to another acceptable container,
must be properly labeled by common name unless the food is unmistakably identifiable.
See Section “Food storage containers, indentified with common name of food”
Fluid milk and fluid milk products used or served must be pasteurized and must meet the
quality standards established by all applicable laws and regulations. See Section “Milk and
milk products”
Milk and milk products.
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Fluid milk and products made from milk used or served in a food establishment must be pasteurized and
from a source approved by the Health Authority.
Fish.
A. Fish that are received for sale or service must be:
1.
Commercially and legally caught or harvested; or
2.
Approved for sale or service.
B. Molluscan shellfish that are recreationally caught may not be received for sale or service.
Molluscan shellfish.
A. Molluscan shellfish must 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.
B. Molluscan shellfish received in interstate commerce must be from sources that are listed in the
Interstate Certified Shellfish Shippers List.
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Wild mushrooms.
A. Except as specified in Subsection B of this section, mushroom species picked in the wild must be
obtained from sources where each mushroom is individually inspected and found to be safe by an
approved mushroom identification expert.
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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 establishment that is regulated by the food regulatory agency that has jurisdiction
over the establishment.
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Game animals
A. If game animals or donated game animals are received for sale or service in a food establishment
they must be inspected and approved under a voluntary inspection program administered by the
USDA.
B. Game animals that have not been inspected as described in Subsection A may not be served in a
food establishment.
C. Legally harvested game animals not inspected as described in Subsection A may be given to any
charitable, religious, or a nonprofit organization for use in accordance with NRS 446.870 (5).
D. Game animals used in accordance with NRS 446.870(5) must be labeled “Not for Sale.”
E. Road kill animals shall not be approved as a food source.
Temperature.
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A. Except as specified in Subsection B of this section, refrigerated, potentially hazardous food
(time/temperature control for safety food) must be at a temperature of 41°F (5°C) or below when
received.
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B. If a temperature other than 41°F (5°C) for a potentially hazardous food (time/temperature control
for safety food) as specified below governing milk and molluscan shellfish, the food may be
received at the specified temperature.
1.
Milk or other cultured products may be received at an internal temperature of 45°F (7°C) or
less.
2.
Molluscan shellfish:
a)
Molluscan shellstock is alive and cooled to an internal shellstock body temperature of
50°F (10°C) or less;
b) Shucked or post harvest processed shellfish are cooled to a temperature of 45°F (7.2°C)
or less; and
c)
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The time-temperature indicating device shows that the ambient air temperature has
exceeded 45°F (7.2°C) but the shellstock internal body temperature is 50°F (10°C) or
less; and
C. Raw eggs, must be received in refrigerated equipment that maintains an ambient air temperature
of 45°F (7°C) or less.
D. Potentially hazardous food (time/temperature control for safety food) that is cooked to a
temperature and for a time specified under these regulations and received hot must be at a
temperature of 135°F (57°C) or above.
E.
A food that is labeled frozen and shipped frozen by a food processing establishment must be
received frozen.
F.
Upon receipt, potentially hazardous food (time/temperature control for safety food) must be free
of evidence of previous temperature abuse.
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Additives.
Food may not contain unapproved food additives or additives that exceed amounts specified in law. Food
ingredients and sources of radiation, or pesticide residues shall not exceed provisions specified in law.
Eggs.
Eggs must be received clean and in sound condition. Eggs shall not be used that do not meet tolerances
established by the United States Department of Agriculture or any applicable Nevada law.
020.030
Dry milk and dry milk products must be made of pasteurized milk and milk products. See
Section “Eggs and milk products, pasteurization”
020.035
All frozen desserts such as ice cream, soft frozen desserts, ice milk, sherbet, ices and mixes
must meet the quality standards established therefore by all applicable laws and regulations.
See Section “Eggs and milk products, pasteurization”
Eggs and milk products, pasteurization.
A. Egg products must be obtained pasteurized.
98
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B. Fluid and dry milk and milk products shall:
1.
Be obtained pasteurized; and
2.
Comply with grade A standards as specified in law.
C. All frozen desserts and mixes must be from a source approved by the Health Authority.
D. All cheeses and related cheese products must be from a source approved by the Health Authority.
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Service of food: Dairy products and nondairy creamers.
A. Milk and products made from milk for drinking must be served in an unopened package which
was commercially filled, or must be drawn from a container which was commercially filled and
stored in a dispenser which is mechanically refrigerated. If a dispenser for milk and products
made from milk is not available milk and products made from milk may be poured from a
container which was commercially filled.
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
B. Cream, half-and-half and nondairy creamers must be served in a container intended for a single
use, a protected pitcher that pours, or drawn from a refrigerated dispenser designed for such
service.
Package integrity.
Food packages must be in good condition and protect the integrity of the contents so that the food is not
exposed to adulteration or potential contaminants.
Formatted: Font: Bold, Underline
Ice.
Ice for use as a food or a cooling medium must be made from potable water.
Preparation and service of ice.
A
Ice for customers must be dispensed only by employees using scoops, tongs or other utensils that
have been approved by the Health Authority or by automatic equipment. Ice offered for sale must
be packaged and labeled properly.
B
Utensils used for dispensing ice must be stored on a clean surface and in a manner that has been
approved by the Health Authority or in the ice with the handles of the utensils extended out of the
ice. Receptacles used to transfer ice must be stored so that they are protected from contamination
when not in use.
C
Bins used for the storage of ice must be drained through an air gap.
D
Ice that has been packaged for sale at the establishment must be prepared in accordance with the
provisions of these regulations.
E
Only those items necessary for dispensing, packaging or transporting ice may be stored on top of
an ice machine.
020.040
Fresh and frozen shucked shellfish (oysters, clams or mussels) must be packed in nonreturnable packages identified with the name and address of the original shell stock
processor, shucker-packer, or re-packer, and the interstate certification number issued
according to law. Shell stock and shucked shellfish must be kept in the container in which
they were received until they are used. See Section “Shucked shellfish, packaging and
identificaiton”
99
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Shucked shellfish, packaging and identification.
A. Raw shucked shellfish must be obtained in nonreturnable packages which bear a legible label that
identifies the:
1.
Name, address, and certification number of the shucker-packer or repacker of the molluscan
shellfish; and
2.
“Sell by" date or the date it was shucked.
B. A package of raw shucked shellfish that does not comply with the above labeling guidelines must
be subject to a hold order, seized or discarded.
020.045
Each container of unshucked shell stock (oysters, clams or mussels) must be identified by
an attached tag that states the name and address of the original shell stock processor, the
kind and quality of shell stock, and the interstate certification number issued by the state or
foreign shellfish control agency. See Section “Shellstock indentification”
020.050
Only clean whole eggs, with shell intact and without cracks or checks, or pasteurized liquid,
frozen or dry eggs or pasteurized dry egg products may be used, except that hard-boiled,
peeled eggs, commercially prepared and packaged, may be used. See Section “Eggs”
020.055
All meat and meat products and poultry and poultry products used in a food establishment
must have been properly labeled and inspected for wholesomeness under an official state or
federal regulatory program. See Section “Compliance”
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 2.3" + Indent at: 2.6"
Formatted: Indent: Left: 0.56", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 1.43" +
Indent at: 1.68"
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 2.3" + Indent at: 2.6"
Shellstock identification.
A
Shellstock must be obtained in containers bearing legible source identification tags or labels that
are affixed by the harvester and each 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:
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
1.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Except as specified under Subsection C of this section, on the harvester's tag or label shall
have the following information:
a)
The harvester's identification number that is assigned by the shellfish control authority;
b) The date of harvesting;
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;
Formatted: Indent: Left: 0.81", Numbered +
Level: 4 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 1.8" +
Indent at: 2.05"
d) The type and quantity of shellfish; and
e)
2.
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
Except as specified in Subsection D of this section, on each dealer's tag or label, the
following information:
a)
The dealer's name and address, and the certification number assigned by the shellfish
control authority;
100
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Indent: Left: 0.81", Numbered +
Level: 4 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 3.3" +
Indent at: 3.55"
b) The original shipper's certification number including the abbreviation of the name of the
state or country in which the shellfish are harvested;
c)
The same information as specified for a harvester's tag under Subsections A(1)(b-d) of
this section; and
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."
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 may be subject to a hold order, seized, discarded or destroyed.
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 must be listed first.
D
If the harvester's tag or label is designed to accommodate each dealer's identification as specified
under Subsections A(2)(a – b) of this section, individual dealer tags or labels need not be
provided.
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Shellstock condition.
When received by a food establishment, shellstock must be reasonably free of mud, dead shellfish, and
shellfish with broken shells. Dead shellfish or shellstock with badly broken shells must be discarded.
Juice treated.
Prepackaged juice shall:
A. Be obtained from a processor with a HACCP system as specified in 21 CFR Part 120 Hazard
Analysis and Critical Control (HACCP) Systems; and
B. 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.
Molluscan shellfish, original container.
A. Except as specified in Subsections B – 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 and recorded; 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:
1.
2.
The labeling information for the shellfish on display is retained and correlated to the date
when, or dates during which, the shellfish are sold or served; and
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 where allowed by law if:
1.
The labeling information for the shellfish is on each consumer self-service container;
101
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.06" + Indent at: 1.36"
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 2.38" + Indent at: 2.68"
Formatted: Indent: Left: 0.56", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 3" +
Indent at: 3.25"
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 2.38" + Indent at: 2.68"
Formatted: Indent: Left: 0.56", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 3" +
Indent at: 3.25"
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 2.38" + Indent at: 2.68"
Formatted: Indent: Left: 0.56", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 3" +
Indent at: 3.25"
2.
The labeling information is retained and correlated with the date when, or dates during
which, the shellfish are sold or served;
3.
The labeling information and dates specified under Subsection D(2) of this section are
maintained for 90 days; and
4.
The shellfish are protected from contamination.
Formatted: Font color: Blue, Kern at 12 pt
Shellstock, maintaining identification.
A. Except as specified under Subsection B(2) of this section, shellstock tags shall remain attached to
the container in which the shellstock are received until the container is empty.
B. The identity of the source of shellstock that are sold or served must be maintained by retaining
shellstock tags or labels for 90 calendar days from the dates of harvest:
1.
Using an approved record keeping system that keeps the tags or labels in chronological order
correlated to the date when, or dates during which, the shellstock are sold or served; and
2.
If shellstock are removed from their tagged or labeled container:
a)
Preserving source identification by using a record keeping system as specified under
Subsection B(1) of this section; and
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.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Indent: Left: 0.81", Numbered +
Level: 3 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 1.69" +
Indent at: 1.94"
Preventing contamination from hands.
A. Food employees shall wash their hands as specified in these regulations.
B. Except when washing fruits and vegetables or as specified in Subsection D of this section, food
employees may not contact exposed, ready-to-eat food with their bare hands and shall use
suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.06" + Indent at: 1.36"
C. Food employees shall minimize bare hand and arm contact with exposed food that is not in a
ready-to-eat form.
D. Food employees not serving a highly susceptible population may contact exposed, ready-to-eat
food with their bare hands if:
1.
The permit holder obtains prior approval from the Health Authority;
2.
Written procedures are maintained in the food establishment and made available to the
Health Authority upon request that include:
a)
For each bare hand contact procedure, a listing of the specific ready-to-eat foods that are
touched by bare hands,
b) Diagrams and other information showing that handwashing facilities, installed, located,
equipped, and maintained as specified in these regulations are in an easily accessible
location and in close proximity to the work station where the bare hand contact
procedure is conducted;
3.
A written employee health policy that details how the food establishment complies with the
provisions of these regulations 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
102
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Indent: Left: 0.81", Numbered +
Level: 3 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 1.69" +
Indent at: 1.94"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Indent: Left: 0.81", Numbered +
Level: 1 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 1.06" +
Indent at: 1.31"
gastrointestinal symptoms and diseases transmittable through food as specified in these
regulations;
b) Documentation that food employees and conditional employees acknowledge their
responsibilities as specified in these regulations; and
c)
4.
Documentation that the person-in-charge acknowledges the responsibilities as specified
in these regulations;
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 in these regulations;
c)
When to wash their hands as specified in these regulations;
d) Where to wash their hands as specified in these regulations;
e)
Proper fingernail maintenance as specified in these regulations;
f)
Prohibition of jewelry as specified in these regulations;
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Indent: Left: 0.81", Numbered +
Level: 1 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 1.1" +
Indent at: 1.35"
g) Good hygienic practices as specified in these regulations;
5.
Documentation that hands are washed before food preparation and as necessary to prevent
cross-contamination by food employees as specified in these regulations during all hours of
operation when the specific ready-to-eat foods are prepared;
6.
Documentation that food employees contacting ready-to-eat food with bare hands use two
(2) or more of the following control measures to provide additional safeguards to hazards
associated with bare hand contact:
a)
Double handwashing;
b) Nail brushes;
c)
A hand antiseptic after handwashing as specified in these regulations;
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Indent: Left: 0.81", Numbered +
Level: 3 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 1.69" +
Indent at: 1.94"
d) Incentive programs such as paid sick leave that assist or encourage food employees not
to work when they are ill; or
e)
7.
Other control measures approved by the Health Authority; and
Documentation that corrective action is taken when Subsection D(6) of this section is not
followed.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Preventing contamination when tasting food.
A food employee may not use a utensil more than once to taste food that is to be sold or served.
Preventing contamination from food used for personal use.
Formatted: Font: Bold
Food that is in a food establishment for the employees’ use must be labeled and located to prevent the
contamination of food, equipment, utensils, linens, and single-service and single-use articles.
Packaged and unpackaged food, separation, packaging, and segregation.
Food must be protected from cross-contamination by:
A. Separating raw animal foods during storage, preparation, holding, and display from:
1.
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 fruits and vegetables, and
103
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.55" + Indent
at: 0.8"
2.
Cooked ready-to-eat food;
B. 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:
1.
Using separate equipment for each type, or
2.
Arranging each type of food in equipment so that cross-contamination of one type with
another is prevented, and
3.
Preparing each type of food at different times or in separate areas;
C. Cleaning and sanitizing equipment and utensils using an approved method;
D. Storing the food in packages, covered containers, or wrappings. 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 using an approved method; or
5.
Shellstock.
E. Cleaning hermetically sealed containers of food before opening;
F. Protecting food containers that are received packaged together in a case or overwrap from cuts
when the case or overwrap is opened;
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.55" + Indent
at: 0.8"
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.55" + Indent
at: 0.8"
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
G. Storing damaged, spoiled, or recalled food being held in the food establishment in an area
designated for that purpose pending proper disposition unless it is disposed of under the
supervision of the Health Authority. These foods may not be allowed to contaminate other items;
and
H. Separating fruits and vegetables, before they are washed from ready-to-eat food.
Formatted: Font color: Blue, Kern at 12 pt
Food storage containers, identified with common name of food.
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 establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar must be
identified with the common name of the food.
Pasteurized eggs, substitute for raw eggs for certain recipes.
Pasteurized eggs or egg products must 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 cooked as specified under these regulations.
Protection from unapproved additives.
A. Food must be protected from contamination that may result from the addition of:
1.
Unsafe or unapproved food or color additives; and
2.
Unsafe or unapproved levels of approved food and color additives.
B. A food employee may not:
104
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.05" + Indent at: 1.35"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.05" + Indent at: 1.35"
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
2.
Except for grapes, serve or sell food specified under Subsection B(1) of this section that is
treated with sulfiting agents before receipt by the food establishment.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Washing fruits and vegetables.
A. Except as specified in Subsection 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 must 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 which are generally recognized as safe
in food or as approved by the Health Authority.
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
Formatted: Font color: Auto
Ice used as exterior coolant, prohibited as ingredient.
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 may not be used as food.
Storage or display of food in contact with water or ice.
A. Packaged food may 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.
Formatted: Body Text, Numbered + Level: 1
+ Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. Except as specified in Subsections 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 poultry 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.
Formatted: Font color: Auto
Food contact with equipment and utensils.
Food shall only contact surfaces of:
A. Equipment and utensils that are cleaned as specified and sanitized as specified in these
regulations;
B. Single-service and single-use articles.
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
In-use utensils, between-use storage.
During pauses in food preparation or dispensing, food preparation and dispensing utensils must be stored:
A. Except as specified under Subsection B of this section, in the food with their handles above the
top of the food and the container;
B. In food that is not potentially hazardous (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;
105
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
C. 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 the approved frequency.
D. In running water of sufficient velocity to flush particulates to the drain, if used with moist food
such as ice cream or mashed potatoes;
E. In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is
not potentially hazardous (time/temperature control for safety food); or
F.
In a container of water if the water is maintained at a temperature of at least 135°F (57°C) and the
container is cleaned at the approved frequency.
Linens and napkins, limitation on use.
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.
Wiping cloths, limitation on use.
A. Cloths in-use for wiping food spills from tableware and carry-out containers that occur as food is
being served must be:
1.
Maintained dry; and
2.
Used for no other purpose.
B. Cloths in-use for wiping counters and other equipment surfaces must be:
1.
Held between uses in a chemical sanitizer solution at an approved concentration; and
2.
Laundered daily.
C. Cloths in-use for wiping surfaces in contact with raw animal foods must be kept separate from
cloths used for other purposes.
D. Dry wiping cloths and the chemical sanitizing solutions specified in Subsection B(1) of this
section in which wet wiping cloths are held between uses must be free of food debris and visible
soil.
E. Containers of chemical sanitizing solutions specified in Subsection B(1) of this section in which
wet wiping cloths are held between uses must be stored off the floor and used in a manner that
prevents contamination of food, equipment, utensils, linens, single-service, or single-use articles.
F.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Single-use disposable sanitizer wipes must be used in accordance with EPA approved
manufacturer’s label use instructions.
Gloves, limitation on use.
A. If used, single-use gloves must be used for only one (1) 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.
B. Except as specified in Subsection C of this section, slash-resistant gloves that are used to protect
the hands during operations requiring cutting must be used in direct contact only with food that is
subsequently cooked to an approved temperature, 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 slashresistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.
106
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
D. Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked
to an approved temperature, such as frozen food or a primal cut of meat.
Using clean tableware for second portions and refills.
A. Except for refilling a consumers drinking cup or container without contact between the pouring
utensil and the lip-contact area of the drinking cup or 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 Subsection 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.
C. A sign must be posted to notify customers to use a clean plate each time they serve themselves.
The sign must also state that no smoking or eating is allowed while serving food and that
customers must use only the utensils provided for handling food.
D. Drinking cups and containers may be reused by self-service consumers if refilling is an approved
contamination-free process as described in these regulations.
Refilling returnable containers.
A. A take-home food container returned to a food establishment may not be refilled at a food
establishment with a potentially hazardous food (time/temperature control for safety food).
B. Except as specified in Subsection C of this section, a take-home food container refilled with food
that is not potentially hazardous (time/temperature control for safety food) must be cleaned by an
approved method.
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
C. Personal take-out beverage containers, such as thermally insulated bottles, non-spill coffee cups,
and promotional beverage glasses, may be refilled by employees or the consumer if refilling is an
approved contamination-free process.
Food storage and dispensing.
A. Except as specified in Subsections B and C of this section, food must 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 6 inches (15 centimeters) above the floor.
B. Food in packages and working containers may be stored less than 6 inches (15 centimeters)
above the floor on case lot handling equipment.
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.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Food storage and preparation, prohibited areas.
Food may not be stored:
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
A. In locker rooms;
B. In toilet rooms;
107
C. In dressing rooms;
D. In garbage rooms;
E. In mechanical rooms;
F. Under sewer lines that are not shielded to intercept potential drips;
G. Under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on
which water has condensed;
H. Under open stairwells; or
I.
Under other sources of contamination.
Food preparation.
During preparation, unpackaged food must be protected from environmental sources of contamination.
Food display.
A. 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 must be protected
from contamination by the use of packaging; counter, service line, or salad bar food guards;
display cases; or other effective means.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. Bulk food containers in the retail display area must be made from safe materials, resistant to
corrosion, nonabsorbent, smooth, easy to clean and durable under conditions of normal use.
C. Containers of bulk pet food and bulk nonfood items must be separated from food items by a
barrier or open space of not less than 12 inches (30 centimeters).
D. Bulk food in retail stores must be dispensed only from containers that are protected by individual
covers which fit closely and close automatically. Access by customers to bulk food must be
controlled to avoid the introduction of contaminants. Means considered suitable include:
1.
Providing a product module depth of not more than 18 inches (45 centimeters);
2.
Locating product modules with access from the top so that there is at least 30 inches (75
centimeters) between the access point and the floor; or
3.
If the product module access point is less than 30 inches (75 centimeters) off the floor,
providing access from the side or at an angle if, when the product module is open, the cover
extends across the surface of the product and provides overhead protection.
E. Tethers for utensils used for bulk food must be designed to be easily removable from the product
module for cleaning.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Condiments, protection.
A. Condiments must 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.
B. Condiments at a vending machine location must be in individual packages or provided in
dispensers that are filled at an approved location, such as the food establishment that provides
food to the vending machine location, a food processing establishment 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.
108
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
C. Milk and fluid milk products and fluid nondairy products or creaming agents may not be
dispensed in vending machines as additional ingredients in hot liquid beverages or other foods.
Formatted: Font color: Blue, Kern at 12 pt
Consumer self-service operations.
A. Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish may not be offered for
consumer self-service. This section 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 must be provided with suitable utensils
or effective dispensing methods that protect the food from contamination.
C. Consumer self-service operations such as buffets and salad bars must be monitored by food
employees trained in safe operating procedures.
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.55" + Indent
at: 0.8"
Formatted: Indent: Hanging: 0.24",
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.55"
Formatted: Font color: Blue, Kern at 12 pt
Returned food and reservice of food.
A. Except as specified in Subsection 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.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. Except as specified under these regulations a container of food that is not potentially hazardous
(time/temperature control for safety food) may be re-served 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.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Font color: Blue, Kern at 12 pt
Miscellaneous sources of contamination.
Food must be protected from contamination that may result from a factor or source not specified in these
regulations.
Raw animal foods.
A. Except as specified under Subsections B, C and D of this section, raw animal foods such as eggs,
fish, meat, poultry and foods containing these raw animal foods, must be cooked to heat all parts
of the food to a temperature and for a time that complies with one (1) of the following methods
based on the food that is being cooked:
1.
145oF (63oC) or above for 15 seconds for:
a)
Raw eggs that are broken and prepared in response to a consumer’s order and for
immediate service, and
b) Except as specified under Subsections A(2) and A(3) and B, and in Subsection C of this
section, fish and meat including game animals commercially raised for food as specified
in these regulations and game animals under a voluntary inspection program.
109
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Indent: Left: 0.81", Numbered +
Level: 3 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 1.68" +
Indent at: 1.93"
2.
155oF (68oC) for 15 seconds or the temperature specified in the following chart 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 these regulations, and game animals under a voluntary inspection program as
specified under these regulations; and raw eggs that are not prepared as specified under
Subsection A(1)(a) of this section:
Minimum Temperature oF (oC)
Minimum Time
145 (63)
3 minutes
150 (66)
1 minute
158 (70)
< 1 second (instantaneous)
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
; or
3.
165oF (74oC) or above for 15 seconds for poultry, baluts, wild game animals as specified
under these regulations, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed
ratites, or stuffing containing fish, meat, poultry or ratites.
B. Whole meat roasts including beef, corned beef, lamb, pork, and cured pork roasts such as ham
must be cooked:
1.
In an oven that is preheated to the temperature specified for the roast's weight in the
following chart and that is held at that temperature:
Oven Type
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Indent: Left: 0.31", Hanging:
0.25"
Formatted: Indent: Left: 0.56", Hanging:
0.25"
Oven Temperature Based on Roast Weight
Less than 10 lbs (4.5 kg)
10 lbs (4.5 kg) or More
Still Dry
350oF (177oC) or more
250oF (121oC) or more
Convection
325oF (163oC) or more
250oF (121oC) or more
High Humidity1
250oF (121oC) or less
250oF (121oC) 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.
;and
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:
Temperature
°F (°C)
Time1 in
Minutes
Temperature
°F (°C)
Time1 in
Seconds
130 (54.4)
112
147 (63.9)
134
131 (55.0)
89
149 (65.0)
85
133 (56.1)
56
151 (66.1)
54
135 (57.2)
36
153 (67.2)
34
136 (57.8)
28
155 (68.3)
22
138 (58.9)
18
157 (69.4)
14
140 (60.0)
12
158 (70.0)
0
142 (61.1)
8
144 (62.2)
5
110
Formatted: Indent: Left: 0.56", Hanging:
0.25"
Formatted: Not Raised by / Lowered by
145 (62.8)
4
1 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 establishment serves a population that is not a highly susceptible population,
2.
The steak is labeled to indicate that it meets the definition of "whole-muscle, intact beef”;
and
3.
The steak is cooked on both the top and bottom to a surface temperature of 145 oF (63oC) or
above and a cooked color change is achieved on all external surfaces.
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 Subsection C of this section, may be
served or offered for sale upon consumer request or selection in a ready-to eat form if:
1.
As specified under these regulations the food 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
3.
The consumer is informed as specified under these regulations that to ensure its safety, the
food should be cooked as specified under Subsections A or B of this section; or
4.
The Health Authority grants a variance from Subsections A or B of this section as specified
in these regulations based on a HACCP plan that:
a)
Is submitted by the permit holder and approved as specified under these regulations,
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 establishment meet the conditions of the variance.
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.05" + Indent at: 1.35"
Formatted: Indent: Left: 0.56", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 1.35" +
Indent at: 1.6"
Formatted: Indent: Left: 0.3", Hanging:
0.26", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.05" + Indent at: 1.35"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Indent: Left: 0.81", Numbered +
Level: 3 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 1.68" +
Indent at: 1.93"
Formatted: Font color: Blue
Microwave cooking.
Raw animal foods cooked in a microwave oven must be:
A. Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of
heat;
B. Covered to retain surface moisture;
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
C. Heated to a temperature of at least 165°F (74°C) in all parts of the food; and
D. Allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium.
Plant food cooking for hot holding.
Fruits and vegetables that are cooked for hot holding must be cooked to a temperature of 135°F (57°C).
Parasite destruction.
A. Except as specified in Subsection B of this section, before service or sale in ready-to-eat form,
raw, raw-marinated, partially cooked, or marinated partially cooked fish must be:
111
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
1.
Frozen and stored at a temperature of -4°F (-20°C) or below for a minimum of 168 hours (7
days) in a freezer;
2.
Frozen at -31°F (-35°C) or below until solid and stored at -31°F (-35°C) or below for a
minimum of 15 hours; or
3.
Frozen at -31°F (-35°C) or below until solid and stored at -4°F (-20°C) or below for a
minimum of 24 hours.
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); or
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.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
Records, creation and retention.
A. Except as specified in these regulations and Subsection B of this section, 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 establishment for 90 calendar days beyond the time of
service or sale of the fish.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
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 which ensures parasite
destruction as provided for in these regulations, may substitute for the records specified under
Subsection 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 these regulations a written
agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and
fed as specified in these regulations must be obtained by the person-in-charge and retained in the
records of the food establishment for 90 calendar days beyond the time of service or sale of the
fish.
Preparation for immediate service.
Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer
order may be served at any temperature.
Reheating for hot holding.
A. Except as specified under Subsections B and C and in E of this section, potentially hazardous
food (time/temperature control for safety food) that is cooked, cooled, and reheated for hot
holding must be reheated so that all parts of the food reach a temperature of at least 165°F (74°C)
for 15 seconds.
B. Except as specified under Subsection C of this section, potentially hazardous food
(time/temperature control for safety food) reheated in a microwave oven for hot holding must be
112
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
reheated so that all parts of the food reach a temperature of at least 165°F (74°C) and the food is
rotated or stirred, covered, and allowed to stand covered for 2 minutes after reheating.
C. Ready-to-eat food taken from a commercially processed, hermetically sealed container, or from
an intact package from a food processing establishment that is inspected by the Health Authority
that has jurisdiction over the establishment, must be heated to a temperature of at least 135°F
(57°C) for hot holding.
D. Reheating for hot holding as specified under Subsections A, B and C of this section shall not
exceed 2 hours.
E. Remaining unsliced portions of meat roasts that are cooked to an approved temperature may be
reheated for hot holding using the oven parameters and minimum time and temperature
conditions specified in these regulations.
F.
Steam tables, bainmaries, warmers, crock pots and similar hot food holding facilities are
prohibited for the reheating of potentially hazardous food (time/temperature control for safety
food).
Formatted: Font color: Auto
Treating Juice.
Juice packaged in a food establishment must be:
A. Treated under an approved HACCP plan to attain a 5-log reduction, which is equal to a 99.999%
reduction, of the most resistant microorganism of public health significance; or
B. Labeled 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 WEAKEND
IMMUNE SYSTEMS”.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Frozen food.
Stored frozen foods must be maintained frozen.
Potentially hazardous food (time/temperature control for safety food); slacking.
Frozen potentially hazardous food (time/temperature control for safety food) that is slacked to moderate the
temperature must be held:
A. Under refrigeration that maintains the food temperature at 41°F (5°C) or less; or
B. At any temperature if the food remains frozen.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Thawing.
Except as specified in Subsection D of this section, potentially hazardous food (time/temperature control
for safety food) must be thawed:
A. Under refrigeration that maintains the food temperature at 41°F (5°C) or less; or
B. Completely submerged under running water:
1.
At a water temperature of 70°F (21°C) or below,
2.
With sufficient water velocity to agitate and float off loose particles in an overflow, and
3.
For a period of time that does not allow thawed portions of ready-to-eat food to rise above
41°F (5°C); or
113
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
4.
For a period of time that does not allow thawed portions of a raw animal food requiring
cooking to be above 41°F (5°C), for more than 4 hours including:
a)
The time the food is exposed to the running water and the time needed for preparation
for cooking, or
b) The time it takes under refrigeration to lower the food temperature to 41°F (5°C).
C. As part of a cooking process if the food that is frozen is:
1.
Cooked as specified under these regulations, or
2.
Thawed in a microwave oven and immediately transferred to conventional cooking
equipment, with no interruption in the process; or
D. 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.
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Body Text, Numbered + Level: 1
+ Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Cooling.
A. Cooked potentially hazardous food (time/temperature control for safety food) shall be cooled:
1.
Within 2 hours from 135°F (57°C) to 70°F (21°C); and
2.
Within a total of 6 hours from 135°F (57°C) to 41°F (5°C) or less.
B. Potentially hazardous food (time/temperature control for safety food) shall be cooled within 4
hours to 41°F (5°C) or less if prepared from ingredients at ambient temperature, such as
reconstituted foods and canned tuna.
C. Except as specified under Subsection D of this section, a potentially hazardous food
(time/temperature control for safety food) received in compliance with laws allowing a
temperature above 41°F (5°C) during shipment from the supplier as specified in these
regulations, shall be cooled within 4 hours to 41°F (5°C) or less.
D. Raw eggs shall be received as specified in these regulations and immediately placed in
refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less.
Formatted: Font color: Blue
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Cooling Methods.
A. Cooling must be accomplished in accordance with the time and temperature parameters approved
in these regulations by using one (1) 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;
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.
B. When placed in cooling or cold holding equipment, food containers in which food is being cooled
must 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, during the cooling
period to facilitate heat transfer from the surface of the food.
114
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Indent
at: 0.75"
Potentially hazardous food (time/temperature control for safety food), hot and cold holding.
A. Except during preparation, cooking, or cooling, or when time is used as the public health control
as described in these regulations, and except as specified under Subsection B of this section,
potentially hazardous food (time/temperature control for safety food) must be maintained:
1.
At 135°F (57°C) or above, except that roasts cooked or reheated as specified in these
regulations may be held at a temperature of 130°F (54°C) or above; or
2.
At a temperature of 41°F (5°C) or less.
B. Eggs that have not been treated to destroy all viable Salmonellae must be stored in refrigerated
equipment that maintains an ambient air temperature of 45°F (7°C) or less.
Formatted: Font: Bold
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
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Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Not ready-to-eat, potentially hazardous food (time /temperature control for safety food), date
marking.
Formatted: Space After: 6 pt, No bullets or
numbering, Tab stops: 0", Left
Except as provided in these regulations for specific food items, raw, potentially hazardous food
(time/temperature control for safety food) of animal origin, that is not ready-to-eat and is held for more
than 24 hours:
Formatted: Font: Bold
A. Shall, if it has a food processor’s date mark, be used, discarded or frozen before the date has
passed; or, if received without a date mark, be date marked at the establishment to indicate that it
is to be used, discarded or frozen within ten (10) consecutive calendar days of its receipt.
Formatted: Space After: 6 pt, Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.3" +
Indent at: 0.55"
B. Shall, if altered in form, for example raw beefsteak being first offered as such, and then being
ground into raw hamburger, re-marked with the same date mark it had before it was altered.
Ready-to-eat, potentially hazardous food (time/temperature control for safety food), date marking.
A. Except when packaging food using a reduced oxygen packaging method, and except as specified
in these regulations and Subsections D and E of this section, refrigerated, ready-to-eat,
potentially hazardous food (time/temperature control for safety food) prepared and held in a food
establishment for more than 24 hours must be clearly marked to indicate the date or day by which
the food must be consumed on the premises, sold, or discarded, when held at a temperature of
41°F (5°C) or less for a maximum of 7 days.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. Except as specified in Subsections D – F of this section, refrigerated, ready-to-eat, potentially
hazardous food (time/temperature control for safety food) prepared and packaged by a food
processing establishment must be clearly marked, at the time the original container is opened in a
food establishment and if the food is held for more than 24 hours, to indicate the date or day by
which the food must be consumed on the premises, sold, or discarded, based on the temperature
and time combinations specified in Subsection A of this section and:
1.
The day the original container is opened in the food establishment must be counted as “Day
1”; and
2.
The day or date marked by the food establishment may not exceed a manufacturer’s use-by
date if the manufacturer determined the use-by date based on food safety.
C. A refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food)
ingredient or a portion of a refrigerated, ready-to-eat, potentially hazardous food
(time/temperature control for safety food) that is subsequently combined with additional
ingredients or portions of food shall retain the date marking of the earliest-prepared or firstprepared ingredient.
D. A date marking system that meets the criteria stated in Subsections A and B of this section may
include:
115
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
1.
Using a method approved by the Health Authority for refrigerated, ready-to-eat potentially
hazardous food (time/temperature control for safety food) that is frequently rewrapped, such
as lunch meat 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 under Subsection A of this section;
3.
Marking the date or day the original container is opened in a food 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 under Subsection 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 Health Authority 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.
F.
Subsection B of this section does not apply to the following foods prepared and packaged by a
food processing establishment inspected by a Health Authority:
1.
Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato
salad, and macaroni salad, manufactured in accordance with these regulations;
2.
Hard cheeses containing not more than 39% moisture;
3.
Semisoft cheeses containing more than 39% moisture, but not more than 50% moisture;
4.
Cultured dairy products;
5.
Preserved fish products, such as pickled herring and dried or salted cod, and other acidified
fish products;
6.
Shelf stable, dry fermented sausages, such as pepperoni and Genoa salami that are not
labeled "Keep Refrigerated" 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."
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Kern at 12 pt
Ready-to-eat, potentially hazardous, disposition.
A. A food specified in these regulations must be discarded if it:
1.
Exceeds either of the temperature and time combinations specified in these regulations,
except time that the product is frozen;
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 these regulations.
B. Refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food)
prepared in a food establishment and dispensed through a vending machine with an automatic
shutoff control must be discarded if the food exceeds an approved temperature and time
combination.
Time as a public health control.
116
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Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
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Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
A. Except as specified under Subsection D of this section, if time only is used as the public health
control for a working supply of potentially hazardous food (time/temperature control for safety
food) before cooking, or for ready-to-eat potentially hazardous food (time/temperature control for
safety food) that is displayed or held for service for immediate consumption:
1.
Written procedures must be prepared in advance, maintained in the food establishment and
made available to the Health Authority upon request that specify:
a)
Methods of compliance with Subsections B(1-3) or C(1-5) of this section; and
b) Methods of compliance for cooling of food that is prepared, cooked, and refrigerated
before time is used as a public health control.
B. If time only, rather than time in conjunction with temperature control, up to a maximum of 4
hours, is used as the public health control:
1.
The food shall have an initial temperature of 41°F (5°C) or less if removed from cold
holding temperature control, or 135°F (57°C) or greater if removed from hot holding
temperature control;
2.
The food must 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;
3.
The food must be cooked and served, served if ready-to-eat, or discarded, within 4 hours
from the point in time when the food is removed from temperature control; and
4.
The food in unmarked containers or packages, or marked to exceed a 4-hour limit must be
discarded.
C. If time only, rather than time in conjunction with temperature control, up to a maximum of 6
hours, is used as the public health control:
1.
The food must have an initial temperature of 41°F (5°C) or less when removed from
temperature control and the food temperature may not exceed 70°F (21°C) within a
maximum time period of 6 hours;
2.
The food must be monitored to ensure the warmest portion of the food does not exceed 70°F
(21°C) during the 6-hour period, unless an ambient air temperature is maintained that
ensures the food does not exceed 70°F (21°C) during the 6-hour period;
3.
The food must be marked or otherwise identified to indicate:
a)
The time when the food is removed from 41°F (5°C) or less cold holding temperature
control, and
b) The time that is 6 hours past the point in time when the food is removed from cold
holding temperature control;
4.
The food must be:
a)
5.
Discarded if the temperature of the food exceeds 70°F (21°C), or
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
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Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
b) Cooked and served, served if ready-to-eat, or discarded within a maximum of 6 hours
from the point in time when the food is removed from 41°F (5°C) or less cold holding
temperature control; and
Formatted: Numbered + Level: 1 +
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Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
The food in unmarked containers or packages, or marked with a time that exceeds the 6-hour
limit must be discarded.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
D. A food establishment that serves a highly susceptible population may not use time as specified
under Subsections A, B or C of this section as the public health control for raw eggs.
Variance requirement.
Formatted: Numbered + Level: 1 +
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Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Space After: 6 pt
117
A food establishment operator shall obtain a variance from the Health Authority before:
A. Smoking food as a method of food preservation rather than as a method of flavor enhancement;
B. Curing food;
C. Using food additives or adding components such as vinegar:
1.
As a method of food preservation rather than as a method of flavor enhancement, or
2.
To render a food so that it is not potentially hazardous (time/temperature control for safety
food);
D. Packaging food using a reduced oxygen packaging method except as specified in these
regulations where a barrier to Clostridium botulinum in addition to refrigeration exists;
E. Operating a molluscan shellfish life-support system display tank used to store and display
shellfish that are offered for human consumption;
F.
Formatted: Numbered + Level: 1 +
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Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
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Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Custom processing animals that are for personal use as food and not for sale or service in a food
establishment;
G. Preparing food by another method that is determined by the Health Authority to require a
variance; or
H. Sprouting seeds or beans.
Reduced oxygen packaging criteria.
A. Except for a food establishment that obtains a variance as specified in these regulations and
except as specified under Subsections C, D and E of this section, a food establishment that
packages potentially hazardous food (time/temperature control for safety food) using a reduced
oxygen packaging method shall ensure that there are at least two (2) barriers in place to control
the growth and toxin formation of Clostridium botulinum and the growth of Listeria
monocytogenes.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. A food establishment that packages potentially hazardous food (time/temperature control for
safety food) using a reduced oxygen packaging method shall have an approved HACCP plan that
contains the information specified in these regulations and that:
1.
Identifies the food to be packaged;
2.
Except as specified under Subsections C, D and E of this section, requires that the packaged
food must be maintained at 41oF (5oC) or less and meet at least one (1) of the following
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
criteria:
a)
Has an aw of 0.91 or less,
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
b) Has a PH of 4.6 or less,
c)
Is a meat or poultry product cured at a food processing establishment regulated by the
USDA using substances specified in 9 CFR 424.21, “Use of food ingredients and
sources of radiation”, and is received in an intact package, or
d) Is a food with a high level of competing organisms such as raw meat, raw poultry, or
raw vegetables;
3.
Describes how the package must be prominently and conspicuously labeled on the principal
display panel in bold type on a contrasting background, with instructions to:
a)
Maintain the food at 41oF (5oC) or below, and
b) Discard the food if within 30 calendar days of its packaging it is not served for onpremises consumption, or consumed if served or sold for off-premises consumption;
118
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
4.
Limits the refrigerated shelf life to no more than 30 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;
5.
Includes operational procedures that:
a)
Prohibit contacting food with bare hands,
b) Identify a designated work area and the method by which:
1) Physical barriers or methods of separation of raw foods and ready-to-eat foods
minimize cross-contamination, and
2) Access to the processing equipment is limited to responsible trained personnel
familiar with the potential hazards of the operation, and
c)
6.
Delineate cleaning and sanitization procedures for food-contact surfaces; and
Describes the training program that ensures that the person responsible for the reduced
oxygen packaging operation understands the:
a)
Concepts required for a safe operation,
b) Equipment and facilities, and
c)
Procedures specified under Subsection B(5) of this section and of these regulations.
C. Except for fish that is frozen before, during, and after packaging, a food establishment may not
package fish using a reduced oxygen packaging method.
D. Except as specified under Subsection C of this section, a food establishment may package food
using a cook-chill or sous vide process without obtaining a variance if:
1.
The food establishment implements a HACCP plan that has been approved in advance by the
Health Authority.
2.
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 bagged product to
another business entity or the consumer,
b) Cooked to heat all parts of the food to a temperature approved in these regulations;
c)
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
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at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
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Formatted: Indent: Left: 1.06", Numbered +
Level: 4 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 1.13" +
Indent at: 1.38"
Formatted: Indent: Left: 0.81", Numbered +
Level: 3 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 1.69" +
Indent at: 1.94"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.06" + Indent at: 1.36"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
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at: 0.81"
Formatted: Indent: Left: 0.81", Numbered +
Level: 3 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 1.69" +
Indent at: 1.94"
Protected from contamination after cooking;
d) Placed in a package or bag with an oxygen barrier and sealed before cooking, or placed
in a package or bag and sealed immediately after cooking and before reaching a
temperature below 135°F C (57°),
e)
Except for frozen food that is not shelf life restricted, cooled to 41°F (5°C) in the sealed
package or bag as specified under these regulations and subsequently:
1) Cooled to 34°F (1°C) within 48 hours of reaching 41°F (5°C) and held at that
temperature until consumed or discarded within 30 days after the date of packaging
2) Held at 41°F (5°C) or less for no more than 7 days, at which time the food must be
consumed or discarded; or
Formatted: Indent: Left: 1.06", Numbered +
Level: 4 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 1.13" +
Indent at: 1.38"
3) Held frozen with no shelf life restriction while frozen until consumed or used.
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.
119
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Level: 3 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 1.69" +
Indent at: 1.94"
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
h) Labeled with the product name and the date packaged; and
3.
The records required to confirm that cooling and cold holding refrigeration time/temperature
parameters are required as part of the HACCP plan, are maintained and are:
a)
Made available to the Health Authority upon request, and
b) Held for 6 months; and
4.
Written operational procedures as specified under Subsection B(5) of this section and a
training program as specified under Subsection B(6) of this section are implemented.
E. A food establishment may package cheese using a reduced oxygen packaging method without
obtaining a variance if it:
1.
F.
Limits the cheeses packaged to those that are commercially manufactured in a food
processing establishment with no ingredients added in the food establishment and that meet
the Standards of Identity as specified in 21 CFR 133.150 Hard cheeses, 21 CFR 133.169
Pasteurized process cheese or 21 CFR 133.187 Semisoft cheeses;
2.
Has a HACCP plan that has been approved by the Health Authority;
3.
Except as specified in Subsections B(2), B(3)(b), and B(4), complies with Subsection B of
this section;
4.
Labels the package on the principal display panel with a “use-by” date that does not exceed
30 days of its packaging or the original manufacturer’s “sell by” or “use-by” date, whichever
occurs first; and
5.
Discards the reduced oxygen packaged cheese if it is not sold for off-premises consumption
or consumed within 30 calendar days of its packaging.
A HACCP plan is not required when a food establishment uses a reduced oxygen packaging
method to package potentially hazardous food (time/temperature control for safety food) that is
always:
1.
Labeled with the production time and date;
2.
Held at 41°F (5°C) or less during refrigerated storage; and
3.
Removed from its package in the food establishment within 48 hours after packaging.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Indent: Left: 0.81", Numbered +
Level: 3 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 1.69" +
Indent at: 1.94"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted
Honestly Presented.
A.
Food must 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.
Food Labels.
A. Packages of food, including processed foods, dietary supplements and packages of food
repackaged from bulk prepared in Washoe County, that are for sale in a food establishment must
have a label which has been approved by the Health Authority. The label must be printed in
English in addition to any other languages required by the Health Authority. Such labels must be
reviewed and approved by the Health Authority and any fees required must be paid in full before
any label may be used.
120
Formatted: Indent: Left: 0.32", Numbered +
Level: 2 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 1.06" +
Indent at: 1.36"
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 2 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 1.06" + Indent at: 1.36"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
B. Food that is prepared and stored in a food establishment for later use must have a label that
includes the contents and the date on which the food was prepared.
C. Food packaged in a food establishment, for retail sale, shall be labeled as specified in law,
including 21 CFR 101 Food labeling, and 9 CFR 317 Labeling, marking devices, and containers.
Unless otherwise approved in advance by the Health Authority, label information must include:
1.
The name of the food establishment and the place of business of the manufacturer, packer, or
distributor;
2.
The address of the food establishment, including:
a)
The city;
Formatted: Indent: Left: 0.81", Numbered +
Level: 1 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
b) The state; and
c)
The zip code;
3.
The common name of the food, or absent a common name, an adequately descriptive identity
statement;
4.
If made from two (2) 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;
5.
An accurate declaration of the quantity of contents;
6.
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.
7.
Except as exempted in 21 U.S.C. § 343(q)(3) - (5), nutrition labeling as specified in 21 CFR
101 Food Labeling and 9 CFR 317 Subpart B Nutrition Labeling; and
8.
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.
D. Prepackaged foods prepared in a food establishment, including frozen sandwiches that have been
thawed and other potentially hazardous food (time/temperature control for safety food) contained
in boxed lunches that are made for sale and consumption off the premises must have a label that
has been approved by the Health Authority. The label must include:
1.
The name of the food establishment;
2.
The mailing address of the food establishment, including:
a)
The number of the street or post office box;
Formatted: Indent: Left: 0.56", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 4 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.56", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.81", Numbered +
Level: 1 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
b) The city;
c)
Formatted: Indent: Left: 0.56", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
The state; and
d) The zip code.
3.
A list of ingredients in descending order of predominance;
4.
The last date of sale shown clearly as three (3) letters of the month followed by the date.
5.
A list of known allergens such as ingredients made from or containing nuts; and
6.
When requested by the Health Authority, the telephone number of the food establishment.
E. Bulk food that is available for consumer self-dispensing must 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 following information:
121
Formatted: Indent: Left: 0.56", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 5 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.56", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
a)
The common name of the food or, absent a common name, an adequately descriptive
identity statement;
b) A list of ingredients in descending order of predominance by weight including a
declaration of artificial color or flavor and chemical preservatives, if found in the food
and if the food is made from two (2) or more ingredients; and
c)
F.
Formatted: Indent: Left: 0.81", Numbered +
Level: 1 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
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.
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 establishment or at another
food establishment or a food processing establishment that is owned by the same person and
is regulated by the Health Authority that has jurisdiction.
G. In addition to the required labeling information, questionable and uncommon ingredients
including those listed by the manufacturer as “other ingredients” must be fully defined and
explained when requested by the Health Authority to prove that the questionable ingredient is
safe for use.
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 6 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.56", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 7 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Other forms of information.
A. Consumer warnings must be provided as required.
B. Food establishment or manufacturers' dating information on foods may not be concealed or
altered.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Consumption of animal foods that are raw, undercooked, or not otherwise processed to eliminate
pathogens.
A. Except as specified in these regulations 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 ready-to-eat form or as an ingredient in another readyto-eat food, the permit holder shall inform consumers of the significantly increased risk of
consuming such foods by way of a disclosure and reminder, as specified in Subsections B and C
of this section using brochures, deli case or menu advisories, label statements, table tents,
placards, or other effective written means.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. Disclosure must 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
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.
C. Reminder must 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;
2.
Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your
risk of foodborne disease; or
122
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Indent: Left: 0.56", Numbered +
Level: 4 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 1.75" +
Indent at: 2"
3.
Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your
risk of foodborne disease , especially if you have certain medical conditions.
Consumer advisory: alcoholic beverages.
Formatted: Space After: 6 pt
Establishments in which alcoholic beverages for consumption on premises are sold shall conform to the
consumer advisory conditions in this section:
Formatted: Indent: Left: 0", First line: 0",
Space After: 6 pt
A. Except as otherwise provided in Subsection E of this section, each establishment in which
alcoholic beverages are sold by the drink for consumption on the premises shall post at least one
(1) sign that meets the requirements of this section in a location conspicuous to the patrons of the
establishment. The conspicuous location described in this subsection may include, without
limitation, a women’s restroom that is located within the establishment.
Formatted: Space After: 6 pt, Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.31" +
Indent at: 0.56"
B. Each sign required by Subsection A of this section, must be not less than 8 1/2 by 11 inches in
size and must contain a notice in boldface type that is clearly legible and, except as otherwise
provided in Subsection D(1) of this section, in substantially the following form:
HEALTH WARNING
Drinking wine, beer and other alcoholic beverages during pregnancy can cause birth defects.
Formatted: Centered, Indent: Left: 0.56",
Hanging: 0.25"
¡ADVERTENCIA!
El consumo de vino, cerveza y otras bebidas alcohólicas durante el embarazo puede causar
defectos físicos y/o mentales en el feto.
C. The letters in the words “HEALTH WARNING” and “¡ADVERTENCIA!” in the sign must be
written in not less than 40-point type, and the letters in all other words in the sign must be written
in not less than 30-point type.
D. The Health District may:
Formatted: Centered, Indent: Left: 0.56",
Space After: 6 pt
Formatted: Space After: 6 pt, Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.31" +
Indent at: 0.56"
Formatted: Left, Space After: 6 pt,
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.31" + Indent at: 0.56", Tab stops: Not
at 1.5"
1.
Provide by regulation for one (1) or more alternative forms for the language of the warning
to be included on the signs required by Subsection A of this section to increase the
effectiveness of the signs. Each alternative form must contain substantially the same message
as is stated in Subsection B of this section.
2.
Solicit and accept the donation of signs that satisfy the requirements of this section from a
nonprofit organization or any other source. To the extent that such signs are donated, the
Health District shall distribute the signs upon request to food establishments that are required
to post the signs.
Formatted: Left, Space After: 6 pt,
Numbered + Level: 1 + Numbering Style: 1, 2,
3, … + Start at: 1 + Alignment: Left + Aligned
at: 0.56" + Indent at: 0.81"
E. An establishment is not required to post the sign otherwise required by this section if the food
establishment provides to its patrons a food or drink menu that contains a notice, in boldface type
that is clearly legible and not less than the size of the type used for the items on the menu, in
substantially the same form and language as is set forth in Subsection B of this section or
authorized pursuant to Subsection D(1) of this section.
Formatted: Space After: 6 pt, Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.31" +
Indent at: 0.56", Tab stops: Not at 1.25"
F.
As used in this section, “alcoholic beverage” means:
1.
Beer, ale, porter, stout and other similar fermented beverages, including, without limitation,
sake and similar products, of any name or description containing one-half of one (1) percent
or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any
substitute therefore.
2.
Any beverage obtained by the fermentation of the natural content of fruits or other
agricultural products containing sugar, of one-half of one (1) percent or more of alcohol by
volume.
3.
Any distilled spirits commonly referred to as ethyl alcohol, ethanol or spirits of wine in any
form, including, without limitation, all dilutions and mixtures thereof from whatever process
produced.
123
Formatted: Left, Space After: 6 pt,
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.31" + Indent at: 0.56", Tab stops: Not
at 1.5"
Discarding or reconditioning unsafe, adulterated, or contaminated food.
A. A food that is unsafe, adulterated, or not honestly presented must be discarded or reconditioned
according to an approved procedure.
B. Food that is not from an approved source must be discarded.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
C. Ready-to-eat food that may have been contaminated by an employee who has been restricted or
excluded must be discarded.
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 must be
discarded.
Pasteurized foods, prohibited reservice, and prohibited food.
In a food establishment that serves a highly susceptible population:
A. The following criteria apply to juice:
1.
For the purposes of this subsection 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;
2.
Prepackaged juice or a prepackaged beverage containing juice, that bears a warning label, as
specified in 21 CFR, 101.17 (G) Food labeling, warning, notice and safe handling
statements or juices that have not been specifically processed to prevent, reduce or eliminate
the presence of pathogens or a packaged juice or beverage containing juice that bears a
warning label may not be served or offered for sale; and
3.
Unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form
must be processed under a HACCP plan approved by the Health Authority and as specified
in 21 CFR 120 Hazard Analysis and Critical Control Point (HACCP) Systems, Subpart B
Pathogen Reduction, 120.4 Process controls.
B. Pasteurized eggs or egg products must be substituted for raw eggs in the preparation of:
1.
Foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog,
ice cream, and egg-fortified beverages, and
2.
Except as specified in Subsection F of this section, recipes in which more than one (1) egg is
broken and the eggs are combined;
C. The following foods may not be served or offered for sale in a ready-to-eat form:
1.
Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak
tartare,
2.
A partially cooked animal food such as lightly cooked fish, rare meat, soft-cooked eggs that
are made from raw eggs, and meringue; and
3.
Raw seed sprouts.
D. Food employees may not contact ready-to-eat food.
E. Time only, as the public health control, may not be used for raw eggs.
F.
Subsection B(2) of this section does not apply if:
1.
The raw eggs are combined immediately before cooking for one (1) consumers serving at a
single meal, cooked as specified under these regulations and served immediately, such as an
omelet, soufflé, or scrambled eggs;
124
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Indent: Left: 0.56", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.81" +
Indent at: 1.06"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
2.
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
3.
The preparation of the food is conducted under a HACCP plan that:
a)
Identifies the food to be prepared,
b) Prohibits contacting ready-to-eat food with bare hands,
c)
Includes specifications and practices that ensure:
1) Salmonella enteritidis growth is controlled before and after cooking, and
2) Salmonella enteritidis is destroyed by cooking the eggs according to the temperature
and time specified in these regulations.
d) Contains the information in an approved HACCP plan including procedures that:
1) Control cross-contamination of ready-to-eat food with raw eggs, and
2) Delineate cleaning and sanitization procedures for food-contact surfaces, and
e)
Describes the training program that ensures that the food employee responsible for the
preparation of the food understands the procedures to be used.
G. Except as specified in Subsection H of this section, food may be re-served as specified in these
regulations.
H. Food may not be re-served under the following conditions:
I.
1.
Any food served to patients or clients who are under contact precautions in medical isolation
or quarantine, or protective environment isolation may not be re-served to others outside.
2.
Packages of food from any patients, clients, or other consumers should not be re-served to
persons in protective environment isolation.
Honey may not be served to children who are under one (1) year old and receive food in a school,
day-care setting, or similar facility that provides custodial care.
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
Formatted: Indent: Left: 1.06", Numbered +
Level: 4 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 3.38" +
Indent at: 3.63"
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 1.06" + Indent
at: 1.31"
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Font color: Blue
SECTION 030
FOOD PROTECTION
030.010
General
030.015
At all times, including while being stored, prepared, displayed, served or transported, food
must be protected from potential contamination, including dust, insects, rodents, unclean
equipment and utensils, unnecessary handling, coughs and sneezes, flood, drainage,
overhead leakage or overhead drippage from condensation; and any other source.
Potentially hazardous food must be kept at a safe temperature at all times, except as
otherwise provided for herein. See Section “Safe, unadulterated and honestly presented”
030.100
Emergency Occurrences
030.105
In the event of emergency occurrences such as fire, flood, power outages or similar event
that might result in contamination of food, or that might prevent potentially hazardous food
from being kept at a safe temperature, the person in charge must immediately contact the
125
Health Authority. Upon receiving notice of this occurrence, the Health Authority may take
whatever action deemed necessary to protect the public health. See Section “Emergencies”
030.200
Food Storage
030.205
Food, whether raw or prepared, if removed from the container or package in which it was
obtained, must be stored in a clean covered container except during necessary periods of
preparation and service. See Section “Packaged and unpackaged food, separation,
packaging, and segregation”
030.210
Container covers must be impervious and non-absorbent, except that clean linens, fabric
napkins or single-service paper napkins may be used for lining or covering baked bread or
roll containers. See Section “Linens and napkins, limitation on use”
030.215
Solid cuts of meat must be protected by being covered in storage, except that sides, quarters
or other cuts of meat may be hung uncovered on clean sanitized hooks if no food product is
stored beneath the meat. Meat must not be stored in direct contact with shelves. See
Section “Packaged and unpackaged food, separation, packaging, and segregation”
030.220
Containers of food must be stored a minimum of six (6) inches above the floor in a manner
that protects the food from splash and other contamination and that permits easy cleaning of
the storage area floor with the following exceptions: See Section “Food storage and
dispensing”
1.
Metal, pressurized, beverage containers and cased food packaged in cans, glass or
plastic containers need not be elevated when the food container is not exposed to floor
moisture. See Section “Food storage and dispensing”
2.
Containers may be stored on dollies, racks or pallets, provided such equipment is
easily movable. See Section “Food storage and preparation, prohibited areas”
3.
Food and containers of food must not be stored under exposed sewer lines or water
lines, except for automatic fire protection sprinkler heads that may be required by
law. See Section “Food storage and preparation, prohibited areas”
4.
The storage of food in toilet rooms or vestibules is prohibited. See Section “Food
storage and preparation, prohibited areas”
5.
Food not subject to further washing or cooking before serving must be covered while
stored and placed above or physically away from food requiring washing or cooking.
See Section “Packaged and unpackaged food, separation, packaging, and segregation”
6.
Packaged foods must not be stored in contact with water or undrained ice. However,
packaged food in impervious metal or glass containers or single-service containers of
liquid milk for immediate use may be stored in drained ice. Wrapped sandwiches and
similarly wrapped foods must be stored in direct contact with ice. Ice substitutes,
consisting of frozen chemicals, may be used only if the container is leak proof. See
Section “Storage or display of food in contact with water or ice”
030.225
Commercially prepared sandwiches (a) not made to order, or (b) not prepared for
immediate sale to a consumer, must meet the following requirements:
1.
Each sandwich must be individually wrapped and sealed with an approved food wrap
material.
126
2.
Wrapped sandwiches may contain only sandwich ingredients. All necessary labels or
condiment containers must be made of clean, safe materials.
3.
A label specifying the name and address of the food establishment where the
sandwich was prepared must be firmly affixed to each sandwich. A list of all
ingredients, starting with the ingredient with the largest quantity and continuing the
list in descending order, according to the amount of the ingredient, must be included
on the label. See Section “Food labels”
030.300
Refrigerated Storage
030.305
Sufficient, conveniently located, refrigeration facilities or effectively insulated equipment
must be provided to assure the maintenance of potentially hazardous food at a safe
temperature during storage. See Section “Cooling, heating and holding capacities”
030.310
Each refrigerated facility storing potentially hazardous food must be provided with a
numerically scaled indicating thermometer, or recording thermometer, accurate to + or -2˚F
(+ or - 1˚ C). The thermometer must be positioned to measure the air temperature in the
warmest part of the facility and positioned to be easily read. See Section “Temperature
measuring devices”
030.315
Potentially hazardous food, requiring refrigeration after preparation, must be rapidly cooled
to a safe internal temperature by utilizing, if necessary, such methods as shallow pans,
agitation, quick chilling or water circulation external to the food container. The cooling
period must not exceed 4 hours. See Sections “Cooling methods”, “Potentially hazardous
food…, hot and cold holding”
030.020
If potentially hazardous food is to be chilled and transported, it must be pre-chilled and kept
at a safe temperature. See Section “Potentially hazardous food…, hot and cold holding”
030.325
Frozen food must be kept frozen and should be stored at a temperature of 0˚ F (-18˚C) or
below. See Section “Frozen food”
030.330
Ice intended for human consumption must not be used as a medium for cooling stored food,
food containers or food utensils, except that such ice may be used for cooling tubes
conveying beverages or beverage ingredients to a dispenser head. See Section “Ice used as
exterior coolant, prohibited as ingredient”
030.400
Hot Storage
030.405
Sufficient, conveniently located, hot food storage facilities must be provided to assure the
maintenance of food at a safe temperature during storage. See Section “Cooling, heating
and holding capacities”
030.410
Each hot food facility storing potentially hazardous food must be provided with a
numerically sealed indicating thermometer, or recording thermometer, accurate to
+ or - 2˚ F (+ or - 1˚C). The thermometer must be positioned to measure the air temperature
in the coolest part of the facility and positioned to be easily readable. See Section
“Temperature measuring devices”
Where it is impractical to install thermometers on equipment such as bainmaries, steam
tables, steam kettles, heat lamps, cal-rod units or insulated food transport carriers, a product
thermometer must be available and used to check internal food temperature. See Section
“Temperature measuring devices”
030.415
127
030.420
Potentially hazardous foods, when heated, must be kept at a safe temperature during periods
of transportation or holding. See Section “Potentially hazardous food…, hot and cold
holding”
030.500
Food Preparation
030.505
Food must be prepared with the least possible manual contact, with suitable utensils and on
surfaces that have been cleaned, rinsed and sanitized before use. See Section “Packaged
and unpackaged food, separation, packaging, and segregation”
030.510
Raw fruits and vegetables must be thoroughly washed with potable water before being
cooked or served. See Section “Washing fruits and vegetables”
030.515
Potentially hazardous foods, requiring cooking, must be cooked to heat all parts of the food
to a safe temperature with the following exceptions:
1.
Poultry, poultry stuffing, stuffed meats and stuffing containing meat must be cooked
to heat all parts of the food to at least 165˚ F (74˚ C) with no interruption of the
cooking process.
2.
Pork and any food containing pork must be cooked to heat all parts of the food to at
least 150˚F (66˚C).
3.
Whole, unsliced cuts of roast beef, when so ordered by the consumer, may be cooked
at an internal temperature of at least 130˚F (54˚C). See Section “Raw animal foods”
Formatted: Font: Bold
030.520 Reconstituted dry milk and dry milk products may be used in instant desserts and whipped
products or for cooking and baking purposes only. See Section “Eggs and milk products, pasteurized”
Formatted: Space Before: 6 pt, After: 6 pt
Formatted: Indent: Left: 0", First line: 0",
Space Before: 6 pt, After: 6 pt
Formatted: Space Before: 6 pt, After: 6 pt
030.530
Potentially hazardous foods that have been cooked and refrigerated must be reheated
rapidly to an internal temperature of 165˚F (74˚C) or higher before being served or before
being placed in a hot food holding facility. Steam tables, bainmaries, warmers, crockpots
and similar hot food holding facilities are prohibited for the reheating of potentially
hazardous foods. See Section “Reheating for hot holding”
Formatted: Font: Bold
030.535 Nondairy creaming, whitening or whipping agents may be reconstituted on the premises and
stored in sanitized, covered containers not exceeding one gallon in capacity and cooled to a safe
temperature not later than four (4) hours after preparation. See Section “Service of food: dairy products
and nondairy creamers”
Formatted: Space Before: 6 pt, After: 6 pt
Formatted: Indent: Left: 0", First line: 0",
Space Before: 6 pt, After: 6 pt
Formatted: Space Before: 6 pt, After: 6 pt
030.540
Metal, stem-type, numerically scaled, indicating thermometers, accurate to + or -2˚F (+ or
-1˚C) must be provided and used to assure the attainment and maintenance of proper
internal cooking, holding or refrigeration temperatures of all potentially hazardous foods.
See Section “Food temperature measuring devices” and “Temperature measuring devices
for food”
030.545
Frozen, potentially hazardous foods must be thawed by one of the following methods:
1.
In refrigerated units at a safe temperature;
2.
Under potable, running water with a temperature of 70˚ F (21˚C), or below, and with
sufficient water velocity to agitate and float off loose food particles into the overflow;
128
3.
In a microwave oven if, the food will be immediately transferred to conventional
cooking facilities as part of a continuous cooking process, or when the entire
uninterrupted cooking process takes place in the microwave oven.
4.
As part of the conventional cooking process. See Section “Thawing”
030.600
Food Display and Service
030.603
Consumer Advisory
1.
Effective July 01, 2004, if a food establishment offers any raw, undercooked or
otherwise “not processed to eliminate pathogens” animal foods (such as, meat,
poultry, eggs, milk, seafood, or shellfish) in ready-to-eat form or offers any ready-toeat food containing animal foods as a raw ingredient, the food establishment shall
advise consumers, in written form, of the presence of such raw or undercooked
animal food and advise consumers of the increased health risk associated with
consuming such foods in the raw or undercooked state, especially if serving or
providing food to populations with sensitive medical conditions.
A.
If entrees or menu items contain raw, undercooked or not “otherwise processed
to eliminate pathogens” animal foods, e.g., steak tartar, sushi, or Caesar salad
containing unpasteurized eggs, the consumer advisory shall clearly identify the
food item that contains the raw, undercooked animal food.
B.
If the food establishment does not routinely offer entrees or menu items
containing raw, undercooked or not “otherwise processed to eliminate
pathogens” animal foods, but serves undercooked meats, eggs or seafood upon
the request of the consumer/patron, a general consumer advisory shall be
provided. This advisory does not need to identify the food item that a consumer
might request in an undercooked condition.
C.
The required consumer advisory may be in the form of a brochure, deli case or
menu advisory, label statement, table tent, placard or other written notification
that is visible to the patron. The advisory shall include the following:
The Washoe County District Health Department advises that eating raw,
undercooked animal foods, or animal foods that are not otherwise
processed to eliminate pathogens, (such as meat, poultry, eggs, milk,
seafood or shellfish) poses a potential health risk to everyone, especially the
elderly, young children under the age of 4 years, pregnant women, and
other highly susceptible individuals with compromised immune systems.
Thorough cooking or processing of foods to eliminate pathogens reduces the
risk of illness.
D.
If space permits, a consumer advisory may include additional language such as
the following:
For further information, contact your physician or the Washoe County
District Health Department.
2.
A food establishment whose primary consumers are highly susceptible individuals,
such as nursing homes, hospitals, day-care centers, and nursery schools, shall not
serve raw, undercooked, or not “otherwise processed to eliminate pathogens” animal
foods, or ingredients. See Section “Consumption of animal foods that are raw,
129
undercooked, or not otherwise processed to eliminate pathogens” and “Pasteurized foods,
prohibited re-service, and prohibited food”
030.605
Potentially hazardous food must be kept at a safe internal temperature during display and
service, except that whole, unsliced cuts of roast beef may be held for service at an internal
temperature of not less than 130˚F (54˚C) for a maximum of four (4) hours. See Section
“Reheating for hot holding”
030.610
Milk for drinking purposes must be provided to the consumer in a single-service container
or drawn from a commercially filled container stored in a mechanically refrigerated bulk
milk dispenser, except that when portions of less than ½ pint are required for mixed drinks,
cereal or dessert service, milk and milk products may be poured from a commercially filled
container of not more than ½ gallon capacity. See Section “Service of food: Dairy products
and nondairy creamers”
030.615
Cream, or “half and half”, must be provided in a single-service container, individual service
container, protected pour-type pitcher or drawn from a refrigerated dispenser designed for
such service. See Section “Service of food: Dairy products and nondairy creamers”
030.620
Nondairy creaming or whitening agents must be provided in a single-service container,
individual service container, protected pour-type pitcher or drawn from a refrigerated
dispenser designed for such service. See Section “Service of food: Dairy products and
nondairy creamers”
030.625
Condiments, seasonings and dressing for self-service use must be provided in individual
packages, from approved dispensers or from containers protected by counter protection
devices. See Section “Condiments, protection”
030.630
Condiments provided for table or counter service must be individually portioned, except
that catsup and other sauces may be served in their original containers or approved pourtype dispensers. Sugar must be provided in individual packages or in pour-type dispensers.
See Section “Returned food and re-service of food”
030.635
Ice for consumer use may be dispensed only by single scoops, tongs or other ice-dispensing
utensils or through automatic self-service, ice dispensing equipment. See Section
“Preparation and service of ice”
030.640
Ice dispensing utensils must be stored on a clean surface or in the ice with the dispensing
utensil’s handle extended out of the ice. Between uses, ice transfer receptacles must be
stored in such a way to protect them from contamination. See Section “Preparation and
service of ice”
030.645
Ice storage bins must be drained through an air gap. See Section “Preparation and service
of ice”
130
030.650
To avoid unnecessary manual contact with food, approved food dispensing utensils must be
used by employees or provided to consumers who serve themselves. Between uses during
service, dispensing utensils must be:
1.
Stored in food with the dispensing utensil’s handles extended out of the food;
2.
Stored clean and dry; or
3.
Stored in running water.
Dispensing scoops, spoons and dippers used in serving frozen desserts must be stored
between uses in an approved running water dipper well. See Section “In-use utensils,
between-use storage”
030.655
Once served to a consumer, portions of leftover food must not be served again except that
packaged food, other than potentially hazardous food, that is still packaged and still in
sound condition may be re-served. See Section “Returned food and re-service of food”
030.660
Food on display must be protected from consumer contamination by use of packaging or by
the use of an easily cleanable counter, serving line or salad bar protective device, display
case or by other approved means. See Section “Consumer self-service operations”
030.665
Sufficient hot and cold food facilities must be available to maintain potentially hazardous
food on display at a safe temperature. See Section “Cooling, heating and holding
capacities”
030.670
Re-use of soiled tableware by self-service consumers returning to the serving area for
additional food is prohibited. A sign must be posted to notify consumers to use a clean plate
each time they serve themselves. Beverage cups and glasses are exempt from this
requirement. See Section “Using clean tableware for second portions and refills”
030.675
Fruit or vegetables displayed or offered for sale must be placed away from all potential
splash zones at a height of at least 18 inches above the floor. See Section “Safe,
unadulterated, and honestly presented”
030.700
Food Transportation
030.705
During transportation, food and food utensils must be kept in covered containers or
completely wrapped or packaged so as to be protected from contamination. See Section
“Safe, unadulterated, and honestly presented”
030.710
Food in original single-service containers need not be over wrapped or covered if the
container has not been torn or broken. See Section “Package integrity”
131
030.715
During transportation, including transportation to another location for service or catering
operations, food must meet the requirements of these regulations relating to food protection
and food storage. See Section “Safe, unadulterated and honestly presented”
SECTION 040
PERSONNEL
040.010
Health of Food Handlers
040.015
Any food handler infected with a communicable disease must be restricted in his activities
to prevent the transmission of disease through food contact.
1.
When the Health Authority has reasonable cause to suspect the possibility of disease
transmission from any food handler of a food establishment, he shall secure a
morbidity history of the suspected food handler or make such other investigation as
may be indicated and take appropriate action.
2.
The Health Authority may require any or all of the following measures:
A.
The immediate exclusion of the food handler.
B.
The immediate closure of the food establishment concerned until, in the opinion
of the Health Authority, no further danger of disease outbreak exists.
C.
Restriction of the food handler’s services to some area of the establishment
where there will be no danger of transmitting disease.
D.
Adequate medical and laboratory examinations of the food handler, or other
food handlers, and of his and their body discharges. (NRS 446.935)
See Section “Employee health; restrictions…”
040.100
Personal Cleanliness
040.105
Food handlers must thoroughly wash their hands and the exposed portions of their arms
with soap and warm water before starting work, during work or as often as is necessary to
keep them clean; and after smoking, eating, drinking or using the toilet. See Section “When
to wash”
040.110
Food handlers must keep their fingernails clean and trimmed. See Section “Maintenance of
fingernails”
040.200
Clothing
132
040.205
The outer clothing of all food handlers must be clean and changed at least daily. See
Section “Clean condition”
040.210
Food handlers must use effective hair restraints to prevent the contamination of food or
food contact surfaces. Hair restraints include nets, caps, hats or hair spray. See Section
“Effectiveness of hair restraints”
040.215
Food handlers must maintain their hair in a neat clean condition. See Section
“Effectiveness of hair restraints”
040.220
Sideburns, beards, and mustaches must be close cropped and well groomed. See Section
“Effectiveness of hair restraints”
040.300
Food Handler Practices
040.305
Food handlers may consume food only in designated dining areas. An employee dining area
may not be so designated if consuming food therein may result in contamination of other
food, equipment, utensils or other items needing protection. See Section “Eating, drinking
and using tobacco”
040.315
Food handlers must not use or consume tobacco or alcohol in any form while actively
engaged in food preparation or service and while in areas used for equipment or utensil
washing or for food preparation. See Section “Eating, drinking and using tobacco”
040.320
Food handlers may use tobacco only in designated areas. An employee tobacco-use area
may not be designated for that purpose if the use of tobacco therein may result in
contamination of food, equipment, utensils or other items needing protection. See Section
“Eating, drinking and using tobacco”
040.325
Food handlers must handle soiled tableware in a way that minimizes contamination of their
hands.
040.330
Food handlers must maintain a high degree of personal cleanliness and conform to good
hygienic practices during all working periods in the food establishment. See Section
“When to wash” and Section “Maintenance of fingernails” and Section “Clean condition”
and “Effectiveness of hair restraints”
SECTION 050
FOOD EQUIPMENT AND UTENSILS
EQUIPMENT, UTENSILS AND LINENS
050.010
The provisions of 050.015 through 050.550 do not apply to equipment which was installed
in a food establishment before September 22, 1982, until such time as that equipment:
133
1.
Is removed from the food establishment:
2.
Is reinstalled in the same or another food establishment; or
3.
Does not meet the requirements of these regulations regarding general repair and
maintenance.
050.015
Multi-use equipment and utensils must be constructed and repaired with safe materials,
including finishing materials, must be corrosion resistant and nonabsorbent, and must be
smooth, easily cleanable, and durable under conditions of normal use. See Section “Foodcontact surfaces”
050.020
Single-service articles must be made from clean, sanitary, and safe materials. Where singleservice drinking containers are used extensively, dispensers must be provided to minimize
handling. See Section “Characteristics, single-service articles”
050.025
Equipment, utensils and single-service articles must not impart odors, color or taste or
contribute to the contamination of food. See Section “Characteristics”
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 must be:
A. Safe;
B. Durable, corrosion-resistant, and nonabsorbent;
C. Sufficient in weight and thickness to withstand repeated warewashing;
D. Finished to have a smooth, easily cleanable surface; and
E. Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition.
050.030
If solder is used, it must be only of the hard type (silver solder), free of cadmium, antimony
and bismuth and must be corrosion resistant. See Section “Lead, limitations for use”
050.035
Hard maple or other nonabsorbent materials which are nontoxic, smooth and free of cracks,
crevices or open seams may be used for cutting boards, salad bowls, mixing spoons, bakers’
tables, and as bakers’ utensils for removing hot baked items from ovens. See Section
“Wood, limitations for use”
050.040
The use of absorbent wood as a food contact surface is prohibited, except for single service
articles such as chopsticks, stirrers or ice cream spoons. See Section “Wood, limitations for
use”
050.045
Safe plastic, rubber or rubber-like materials that are resistant under normal conditions of
use to scratching, scoring, decomposition, crazing, chipping and distortion, and are of
sufficient weight and thickness to permit cleaning and sanitizing by normal dishwashing
method are permitted for repeated use as long as they remain smooth, nonabsorbent and
easily cleanable. See Section “Characteristics”
Cast iron, limitations for use.
134
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
A. Except as specified in Subsection 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.
Lead, limitations for use.
A. Ceramic, china, and crystal utensils, and decorative utensils such as hand painted ceramic or
china that are used in contact with food must be lead-free or contain levels of lead not exceeding
the limits of the following utensil categories:
Utensil category
Ceramic Article Description
Maximum Lead (mg/L)
Beverage Mugs, Cups,
Coffee Mugs
0.5
Large Hollowware
Bowls > 1.1 Liter
1
(excluding pitchers)
(1.16 Quart)
Small Hollowware
Bowls < 1.1 Liter
(excluding cups & mugs)
(1.16 Quart)
Flat Tableware
Plates, Saucers
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Pitchers
2.0
3.0
B. Pewter alloys containing lead in excess of 0.05% may not be used as a food-contact surface.
C. Solder and flux containing lead in excess of 0.2% may not be used as a food-contact surface.
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Copper, limitations for use.
A. Except as specified in Subsection 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 assembly and a carbonator.
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.
Galvanized metal, limitations for use.
Galvanized metal may not be used for utensils or food-contact surfaces of equipment that are used in
contact with acidic food.
Sponges, limitations of use.
Sponges may not be used in contact with cleaned and sanitized or in-use food-contact surfaces.
Wood, limitations for use.
135
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
A. Except as specified in Subsections B and C 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 230°F (110°C) 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”.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Indent: Left: 0.56", Hanging:
0.25", Numbered + Level: 3 + Numbering
Style: 1, 2, 3, … + Start at: 1 + Alignment:
Left + Aligned at: 1.38" + Indent at: 1.5"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Nonstick coatings, limitations for use.
Multi-use kitchenware such as frying pans, griddles, sauce pans, cookie sheets, and waffle bakers that have
a perfluorocarbon resin coating must be used with non-scoring or non-scratching utensils and cleaning aids.
Nonfood-contact surfaces.
Nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that
require frequent cleaning must be constructed of a corrosion-resistant, nonabsorbent, and smooth material.
Characteristics, single-service articles.
Materials that are used to make single-service and single-use articles:
A. May not:
1.
Allow the migration of deleterious substances, or
2.
Impart colors, odors, or tastes to food; and
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
B. Must be:
050.050
1.
Safe, and
2.
Clean.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
The reuse of single-service articles is prohibited. See Section “Single-service and singleuse articles, limitations”
050.055
All shelving located in walk-in refrigerators and freezers must be of metal or approved
plastic construction with easily cleanable surfaces and completely portable in design. Dry
storage shelves may be made from wood, which is or has been made liquid resistant. See
Section “Shelves”
050.100
Design and Fabrication
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Font: Not Bold
136
050.105
All equipment and utensils, including plastic-ware, must be designed and fabricated for
durability under conditions of normal use and must be resistant to denting, buckling, pitting,
and chipping and crazing. See Section “Equipment and utensils”
Equipment and utensils.
Equipment and utensils must be designed and constructed to be durable and to retain their characteristic
qualities under normal use conditions.
Food temperature measuring devices.
Food temperature measuring devices 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.
Food-contact surfaces.
A. Multi-use food-contact surfaces must be:
1.
Smooth;
2.
Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections;
3.
Free of sharp internal angles, corners, and crevices;
4.
Finished to have smooth welds and joints; and
5.
Except as specified in Subsection B of this section, accessible for cleaning and inspection by
one (1) of the following methods:
a)
Without being disassembled,
b) By disassembling without the use of tools, or
c)
By easy disassembling with the use of hand-held tools commonly available to
maintenance and cleaning personnel such as screwdrivers, pliers, open-end wrenches,
and Allen wrenches.
B. Subsection A(5) of this section does not apply to cooking oil storage tanks, distribution lines for
cooking oils, or beverage syrup lines or tubes.
Clean-in-place equipment.
A. Cleaned-in-place equipment must be designed and constructed so that:
1.
Cleaning and sanitizing solutions circulate throughout a fixed system and contact all interior
food-contact surfaces, and
2.
The system is self-draining or capable of being completely drained of cleaning and sanitizing
solutions; and
B. Cleaned-in-place equipment that is not designed to be disassembled for cleaning must be
designed with inspection access points to ensure that all interior food-contact surfaces throughout
the fixed system are being effectively cleaned.
050.110
Food contact surfaces must be easily cleanable, smooth, free of breaks, open seams, cracks,
chips, pits and similar imperfections and free of difficult-to-clean internal corners and
crevices. Cast iron may be used as a food contact surface if the surface is heated, such as in
137
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
grills, griddle tops and skillets. See Section “Cast iron, limitations for use” and “Foodcontact surfaces”
050.115
Pipe fittings and threads must be easily cleanable. Ordinary “V” type pipe threads are
prohibited in food contact surfaces, except that in equipment such as icemakers or hot oil
cooking equipment and hot oil filtering systems, such threads must be minimized. See
Section “V Threads, limitations”
"V" Threads, limitations.
Except for hot oil cooking or filtering equipment, "V" type threads may not be used on food-contact
surfaces.
Hot oil filtering equipment.
Hot oil filtering equipment must meet industry standards for construction and cleaning and must be readily
accessible for filter replacement and cleaning of the filter.
Can openers.
Cutting or piercing parts of can openers must be readily removable for cleaning and for replacement.
Nonfood-contact surfaces.
Nonfood-contact surfaces must be free of unnecessary ledges, projections, and crevices, and designed and
constructed to allow easy cleaning and to facilitate maintenance.
Formatted: Indent: Left: 0", First line: 0"
Kick plates, removable.
Kick plates must be designed so that the areas behind them are accessible for inspection and cleaning by
being:
A. Easily removable or capable of being rotated open; and
B. Easily removable or capable of being rotated open without unlocking equipment doors.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Ventilation hood systems, filters.
Filters or other grease extracting equipment must be designed to be readily removable for cleaning and
replacement if not designed to be cleaned-in-place.
Formatted: Indent: Left: 0", First line: 0"
Temperature measuring devices for food.
A. Food temperature measuring devices that are scaled only in Celsius (C) or dually scaled in
Celsius and Fahrenheit must be accurate to plus or minus 1°C in the intended range of use.
B. Food temperature measuring devices that are scaled only in Fahrenheit must be accurate to plus
or minus 2°F in the intended range of use.
Temperature measuring devices, ambient air and water.
138
Formatted: Body Text, Space After: 0 pt,
Numbered + Level: 1 + Numbering Style: A, B,
C, … + Start at: 1 + Alignment: Left + Aligned
at: 0.31" + Indent at: 0.56"
Formatted: Font color: Blue
A. Ambient air and water temperature measuring devices that are scaled in Celsius (C) or dually
scaled in Celsius and Fahrenheit must be designed to be easily readable and accurate to plus or
minus 1.5°C in the intended range of use.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. Ambient air and water temperature measuring devices that are scaled only in Fahrenheit must be
accurate to plus or minus 3°F in the intended range of use.
Pressure measuring devices, mechanical warewashing equipment.
Pressure measuring devices that display the pressures in the water supply line for the fresh hot water
sanitizing rinse must have increments of 7 kilopascals (1 pounds per square inch) or smaller and must be
accurate to plus or minus 14 kilopascals (plus or minus 2 pounds per square inch) in the 100-170
kilopascals (15-25 pounds per square inch) range.
Ventilation hood systems, drip prevention.
Exhaust ventilation hood systems in food preparation and warewashing areas including components such as
hoods, fans, guards, and ducting must be designed to prevent grease or condensation from draining or
dripping onto food, equipment, utensils, linens, and single-service and single-use articles.
Formatted: Font: 10 pt
Formatted: Indent: Left: 0", First line: 0"
Equipment openings, closures and deflectors.
A. A cover or lid for equipment must 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 must be flanged upward at least two-tenths of an inch (5 millimeters).
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
C. Except as specified under Subsection D of this section, fixed piping, temperature measuring
devices, rotary shafts, and other parts extending into equipment must 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 must be equipped with an apron designed to deflect condensation, drips, and
dust from openings into the food; and
2.
The opening must be flanged as specified under Subsection B of this section.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Dispensing equipment, protection of equipment and food.
In equipment that dispenses or vends liquid food or ice in unpackaged form:
A. The delivery tube, chute, orifice, and splash surfaces directly above the container receiving the
food must 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;
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. The delivery tube, chute, and orifice must be protected from manual contact such as by being
recessed;
C. The delivery tube or chute and orifice of equipment used to vend liquid food or ice in
unpackaged form to self-service consumers must 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:
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
139
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
2.
Available for self-service during hours when it is not under the full-time supervision of a
food employee; and
D. The dispensing equipment actuating lever or mechanism and filling device of consumer selfservice beverage dispensing equipment must be designed to prevent contact with the lip-contact
surface of glasses or cups that are refilled.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Bearings and gear boxes, leak-proof.
Formatted: Font: Bold
050.120 Equipment containing bearings and gears that requireing unsafe lubricants must be designed and
constructed so that the lubricant cannot leak, drip or be forced into food or onto food-contact surfaces. Only
safe lubricants may be used on equipment designed to receive lubrication of bearings and gears on or
within food contact surfaces. See Section “Lubricants for equipment, incidental food contact lubricants”
Formatted: Indent: Left: 0", First line: 0"
050.125
Tubing conveying beverages or beverage ingredient to dispensing heads may be in contact
with stored ice, provided that such tubing is fabricated from safe materials, has grommets at
entry and exit points to preclude moisture (condensation) from entering the ice machine or
the ice storage bin, and is kept clean. See Section “Beverage tubing, separation”
Beverage tubing, separation.
Except for cold-plates that are constructed integrally with an ice storage bin, beverage tubing and cold-plate
beverage cooling devices may not be installed in contact with stored ice that is intended for use as food.
050.130
Drainage or drainage tubes from dispensing units must not pass through the ice machine or
the ice storage bin. See Section “Ice units, separation of drains”
Ice units, separation of drains.
Liquid waste drain lines may not pass through an ice machine or ice storage bin.
Molluscan shellfish tanks.
A. Except as specified in Subsection 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
must be conspicuously marked so that it is obvious to the consumer that the shellfish are for
display only.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. Molluscan shellfish life-support system display tanks that are used to store and display shellfish
that are offered for human consumption must be operated and maintained in a accordance with a
variance granted by the Health Authority and a HACCP plan that:
1.
Is submitted by the permit holder and approved as specified in these regulations; and
2.
Ensures that:
a)
Water used with fish other than molluscan shellfish does not flow into the molluscan
tank
b) The safety and quality of the shellfish as they were received are not compromised by the
use of the tank, and
c)
The identity of the source of the shellstock is retained as specified in these regulations.
140
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 2 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
Temperature measuring devices.
A. In a mechanically refrigerated or hot food storage unit, the sensor of a temperature measuring
device must 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.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. Except as specified in Subsection C of this section, cold or hot holding equipment used for
potentially hazardous food (time/temperature control for safety food) must be designed to include
and must be equipped with at least one (1) integral or permanently affixed temperature measuring
device that is located to allow easy viewing of the device’s temperature display.
C. Subsection 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 must be designed to be easily readable.
E. Food temperature measuring devices and water temperature measuring devices on warewashing
machines must have a numerical scale, printed record, or digital readout in increments no greater
than 2°F or 1°C in the intended range of use.
Warewashing machine, data plate operating specifications.
A warewashing machine must be provided with an easily accessible and readable data plate affixed to the
machine by the manufacturer that indicates the machine’s design and operation specifications including the:
A. Temperatures required for washing, rinsing, and sanitizing;
B. Pressure required for the fresh water sanitizing rinse unless the machine is designed to use only a
pumped sanitizing rinse; and
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
C. Conveyor speed for conveyor machines or cycle time for stationary rack machines.
Warewashing machines, internal baffles.
Warewashing machine wash and rinse tanks must be equipped with baffles, curtains, or other means to
minimize internal cross-contamination of the solutions in wash and rinse tanks.
Formatted: Font: 10 pt
Formatted: Indent: Left: 0", First line: 0"
Formatted: Font: 10 pt
Warewashing machines, temperature measuring devices.
A warewashing machine must be equipped with a temperature measuring device that indicates the
temperature of the water:
A. In each wash and rinse tank; and
B. As the water enters the hot water sanitizing final rinse manifold or in the chemical sanitizing
solution tank.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Manual warewashing equipment, heaters and baskets.
If hot water is used for sanitization in manual warewashing operations, the sanitizing compartment of the
sink must be:
A. Designed with an integral heating device that is capable of maintaining water at a temperature not
less than 171°F (77 °C); and
B. Provided with a rack or basket to allow complete immersion of equipment and utensils into the
hot water.
141
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Warewashing machines, automatic dispensing of detergents and sanitizers.
A warewashing machine that is installed after adoption of these regulations must be equipped to:
A. Automatically dispense detergents and sanitizers; and
B. Incorporate a visual means to verify that detergents and sanitizers are delivered or a visual or
audible alarm to signal if the detergents and sanitizers are not delivered to the respective washing
and sanitizing cycles.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Warewashing machines, flow pressure device.
A. Warewashing machines that provide a fresh hot water sanitizing rinse must 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 must be mounted in a 6.4 millimeter or one-fourth (1/4) inch Iron Pipe Size
(IPS) valve.
C. Subsections A and B of this section do not apply to a machine that uses only a pumped or
recirculated sanitizing rinse.
050.135
Sinks and drain boards must be self-draining. See Section “Warewashing sinks and
drainboards self-draining”
Warewashing sinks and drainboards self-draining.
Sinks and drainboards of warewashing sinks and machines must be integrated and self-draining.
050.140
Unless designed for in-place cleaning, food contact surfaces must be accessible for cleaning
and inspection:
1.
Without being disassembled;
2.
By disassembling without the use of tools; or
3.
By easy disassembling with the use of only simple tools, such as a mallet, a
screwdriver or an opened end wrench kept available near the equipment. See
Section “Food-contact surfaces”
050.145
Equipment intended for in-place cleaning must be so designed and fabricated that:
1.
Cleaning and sanitizing solutions can be circulated throughout a fixed system using
an effective cleaning and sanitizing regimen;
2.
Cleaning and sanitizing solutions will contact all interior food contact surfaces; and,
3.
The system is self-draining or capable of being completely evacuated. See Section
“Clean-in-place equipment”
Equipment compartments, drainage.
142
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Equipment compartments that are subject to accumulation of moisture because of conditions such as
condensation, food or beverage drip, or water from melting ice must be sloped to an outlet that allows
complete draining.
Case lot handling apparatuses, movability.
Apparatuses, 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, must be designed to be moved by
hand or by conveniently available apparatuses such as hand trucks and forklifts.
050.150
Fixed equipment designed and fabricated to be cleaned and sanitized by pressure spray
methods must have sealed electrical wiring, switches and connections. See Section on NSF
equipment
050.155
Indicating thermometers required for immersion into food or cooking meats must be of
metal, stem type construction and must be numerically scaled and accurate to + or - 2˚ F
(+ or - 1˚ C). See Section “Temperature measuring device for food”
050.160
Surfaces of equipment not intended for contact with food, but which are exposed to splash
or food debris or which otherwise require frequent cleaning, must be designed and
fabricated to be smooth, free of unnecessary ledges, projections or crevices, easily
cleanable and must be of such material and in such repair as to be easily maintained in a
clean and sanitary condition. See Section “Nonfood-contact surfaces”
050.165
Ventilation hoods and devices must be designed to prevent grease or condensation from
collecting on walls and ceilings, and from dripping onto food or food-contact surfaces.
Filters or other grease extracting equipment must be readily removable for cleaning and
replacement, if not designed to be cleaned in place. See Section “Ventilation hood systems,
filters”, “Ventilation hood systems, drip prevention” and “Ventilation hood systems,
adequacy”
050.200
NSFFood Eequipment, certification and classification.
Equipment contained in food establishments shall either display the seal of the National
Sanitation Foundation (NSF) or conform to NSF standards where applicable, unless
otherwise exempted, in writing, by the Health Authority. Installation of the equipment must
also conform with NSF standards.
A. Except as provided in Subsections B and C of this section, food equipment that is certified or
classified for sanitation by an American National Standards Institute (ANSI) accredited
certification program is deemed to comply with these regulations.
Formatted: Indent: Left: 0", First line: 0"
050.205
050.210
B. Exemption may only be considered when, in the opinion of the Health Authority, the equipment
in question meets acceptable standards of durability, cleanability, and temperature maintenance.
1.
General exceptions – Storage freezers and refrigerators used for the storage of nonperishable
food items only may be exempted from the above requirement.
2.
Specific exemptions – Specific exemptions may be granted on a case-by-case basis only. The
owner of the food establishment must demonstrate to the Health Authority:
a)
A.That his circumstances are unique among food establishment owners; and
b) B.That the equipment in question qualifies for exemption.
Formatted: Indent: Left: 0.31", Hanging:
0.25", Space After: 6 pt
Formatted: Indent: Left: 0.31", Hanging:
0.25", Space After: 6 pt
Formatted: Space Before: 6 pt
Formatted: Not Highlight
Formatted: Indent: Left: 0.81", Space
Before: 6 pt, After: 6 pt, Numbered + Level:
1 + Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"
Formatted: Not Highlight
050.215
Formatted: Space Before: 6 pt, After: 6 pt
143
C. A specific exemption must be approved in writing by the Health Authority and specify all
conditions or restrictions placed upon the exemption. The exemption shall become null and void:
1.
Upon change of business ownership; or
2.
When any condition or restriction is violated.
Cooling, heating, and holding capacities.
Equipment for cooling and heating food, and holding cold and hot food, must be sufficient in number and
capacity to provide food temperatures as specified under these regulations.
050.305
Equipment must not be located under exposed or unprotected sewer lines or water lines,
open stairwells or other sources of contamination unless protected in an approved manner.
This requirement does not apply to automatic fire protection sprinkler heads that may be
required by law. See Section “Prohibitions”
050.310
Table or counter mounted equipment, unless portable, must be sealed to the table or counter
or elevated on legs to provide at least a four (4) inch clearance between the table or counter
and equipment and adjacent areas. See Section “Fixed equipment, elevation or sealing”
050.315
Equipment is portable if:
1.
It is small and light enough to be moved easily by one person; and
2.
It has no utility connection, has a utility connection that disconnects quickly or has a
flexible utility connection line of sufficient length to permit the equipment to be
moved for easy cleaning. (See “Fixed equipment, elevation or sealing” and “easily
movable”)
Floor-mounted equipment, unless readily movable, must be:
1.
Sealed to the floor;
2.
Installed on raised platforms of concrete or other smooth masonry in a way that meets
all the requirements for sealing or floor clearance; or
3.
Elevated on legs to provide at least a six (6) inch clearance between the floor and
equipment, except that vertically mounted floor mixers may be elevated to provide at
least a four (4) inch clearance between the floor and equipment if no part of the floor
under the mixer is more than six (6) inches from cleaning access. See Section “Fixed
equipment, elevation or sealing”
050.325
Unless sufficient space is provided for easy cleaning between, behind and above each unit
of equipment that is not readily movable, the space between the unit, adjoining units and
adjacent walls or ceiling must be not more than 1/32 inch. If the unit is exposed to seepage,
it must be sealed to adjoining units or adjacent walls or ceilings. See Section “Fixed
equipment, spacing or sealing”
050.330
Floor mounted equipment is readily movable if:
1.
It is mounted on wheels or casters; and
144
Formatted: Indent: Left: 0.31", Hanging:
0.25", Space After: 6 pt
2.
It has no utility connections, has a utility connection that disconnects quickly or has a
flexible utility line of sufficient length to permit the equipment to be moved for easy
cleaning.
(See Sec. 45)
050.335
Aisles and working spaces between units of equipment and walls must be unobstructed and
of sufficient width to permit employees to perform their duties without contamination of
food or food contact surfaces by clothing or personal contact. All readily movable storage
equipment, such as pallets, racks and dollies, must be positioned to provide accessibility to
working areas. See Section “Fixed equipment, spacing or sealing”
050.400
Cleaning, Sanitizing and Storage of Equipment and Utensils
050.405
Tableware must be washed, rinsed and sanitized after each use. See Section “Equipment,
food-contact surfaces, nonfood-contact surfaces, and utensils”, “Rinsing procedures”, and
“Food-contact surfaces and utensils” and “Before use after cleaning”
050.410
Kitchenware and food contact surfaces must be washed, rinsed and thoroughly cleaned to
sight and touch after each use and after any interruption of operations during which
contamination may have occurred. See Section “Equipment, food-contact surfaces,
nonfood-contact surfaces, and utensils”
050.415
Where equipment and utensils are used for the preparation of potentially hazardous foods
on a continuous or production line basis, utensils and food contact surfaces must be washed,
rinsed and sanitized at intervals throughout the day on a schedule based on food
temperature, type of food and amount of food particle accumulation. See Section
“Equipment food-contact surfaces and utensils”
050.420
Food contact surfaces of grills, griddles and similar cooking devices and the cavities and
door seal of microwave ovens must be cleaned at least once a day, except that this
requirement does not apply to hot oil cooking equipment and hot oil filtering systems. Food
contact surfaces of all cooking equipment must be kept free of encrusted grease deposits
and other accumulated debris. See Section “Equipment, food-contact surfaces, nonfoodcontact surfaces, and utensils” and “Cooking and baking equipment”
050.425
Surfaces of equipment that do not contact food must be cleaned as often as is necessary to
keep the equipment free of accumulation of dust, dirt, food particles and other debris. See
Section “Nonfood-contact surfaces”
050.430
Cloths used as cooks’ cloths for wiping food spills on tableware, such as plates or bowls
being served to the consumer, must be clean, dry and used for no other purpose. See
Section “Wiping cloths, limitation on use”
050.435
Moist cloths used for wiping food spills on kitchenware and food-contact surfaces and for
cleaning non-food contact surfaces of equipment such as counters, dining table tops and
shelves must be clean and rinsed frequently in a sanitizing solution as specified in Section
050.460(4) of these regulations and used for no other purpose. The cloths must be kept in
the sanitizing solution between uses. See Section “Wiping cloths, limitation on use”
050.440
For manual washing, rinsing and sanitizing of tableware and other equipment on a batch
basis, a sink with at lease three compartments must be provided and used. At least a two
compartment sink must be provided for cleaning of kitchenware and equipment not
requiring sanitizing. In food establishments where the only kitchenware to be cleaned is
limited to spatulas, scoops, tongs or similar serving devices and where the only equipment
145
to be cleaned is stationary and does not require disassembly for proper cleaning, an
exemption permitting a one compartment sink may be approved by the Health Authority.
Coffee or teapots and other similar equipment used exclusively for the preparation or
heating of hot beverages are specifically excluded from the sink requirements of this
section. Sink compartments must be large enough to permit the accommodation of the
equipment and tableware used in the establishment and each compartment of the sink must
be supplied with hot and cold potable water. See Section “Manual warewashing, sink
compartment requirements”
Manual warewashing, sink compartment requirements.
A. Except as specified in Subsections C and F of this section, a sink with at least three (3)compartments must be provided for manually washing, rinsing, and sanitizing equipment and
utensils.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. Sink compartments must 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 Subsection C of this section must be used.
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.
Two (2)-compartment sinks as specified under Subsections D and E of this section;
6.
Receptacles that substitute for the compartments of a multi-compartment sink.
D. Before a two (2)-compartment sink is used:
1.
The permit holder shall have its use approved; and
2.
The permit holder shall limit the number of kitchenware items cleaned and sanitized in the
two (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 must:
a)
Make up the cleaning and sanitizing solutions immediately before use and drain them
immediately after use, and
b) Use a detergent-sanitizer to sanitize and apply the detergent-sanitizer in accordance with
the manufacturer’s label instructions and as specified under these regulations, or
c)
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
Use a hot water sanitization immersion step as specified under these regulations.
E. A two (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.
Coffee or teapots and other similar equipment used exclusively for the preparation or heating of
hot beverages are specifically excluded from the sink requirements of this section.
050.445
Fixed equipment and utensils and equipment too large to be cleaned in sink compartments
must be washed manually or cleaned through pressure spray methods. See Section
“Manual warewashing sink compartment requirements”
146
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
050.450
Dish tables and drainboards of adequate size for proper handling of batches of soiled
tableware and other equipment prior to washing and for cleaned tableware following rinsing
or sanitizing must be provided and must be located or constructed as not to interfere with
the proper use of the dishwashing facilities. Drainboards are not required for cooks’ and
bakers’ rinse sinks. See Section “Drainboards”
Drainboards.
Drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may
accumulate during hours of operation must be provided for necessary utensil holding before cleaning and
after sanitizing.
Formatted: Font: 10 pt
Formatted: Indent: Left: 0", First line: 0"
Ventilation hood systems, adequacy.
Ventilation hood systems and devices must be sufficient in number and capacity to prevent grease or
condensation from collecting on walls and ceilings.
Formatted: Font: 10 pt
Formatted: Indent: Left: 0", First line: 0"
Clothes washers and dryers.
A. Except as specified in Subsection B of this section, if work clothes or linens are laundered on the
premises, a mechanical clothes washer and dryer must 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 in a manner which prevent contamination of food, equipment, utensils, linens and
single-service articles and the wiping cloths, a mechanical clothes washer and dryer need not be
provided.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Utensils, consumer self-service.
A food dispensing utensil must be available for each container displayed at a consumer self-service unit
such as a buffet or salad bar.
Food temperature measuring devices.
A. Food temperature measuring devices must be provided and readily accessible for use in ensuring
attainment and maintenance of food temperatures.
B. A temperature measuring device with a suitable small diameter probe that is designed to measure
the temperature of thin masses must be provided and readily accessible to accurately measure the
temperature in thin foods such as meat patties and fish filets.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Temperature measuring devices, manual warewashing.
In manual warewashing operations, a temperature measuring device must be provided and readily
accessible for frequently measuring the washing and sanitizing temperatures.
Sanitizing solutions, testing devices.
A test kit or other device that accurately measures the concentration in mg/L (ppm) of sanitizing solutions
must be provided.
Formatted: Font: 10 pt
Formatted: Indent: Left: 0", First line: 0"
Formatted: Font: 10 pt
Formatted: Font: 10 pt
147
050.455
Equipment, tableware and utensils must be re-flushed or pre-scraped and, when necessary,
pre-soaked to remove food particles and soil. See Section “Washing, procedures for
alternative manual warewashing equipment”
050.460
Except for fixed equipment and utensils too large to be cleaned in sink compartments,
manual washing, rinsing and sanitizing of batches of tableware and other equipment must
be conducted in the following sequence:
1.
Sinks must be cleaned prior to use. See Section “Warewashing equipment, cleaning
frequency”
2.
Equipment and utensil batches must be thoroughly washed in the first compartment
with a hot detergent solution that is fresh for each batch. See Section “Warewashing
equipment, cleaning agents”
3.
Equipment and utensil batches must be rinsed free of detergent and abrasives with
clean water for each batch in the second compartment. See Section “Rinsing
procedures”
4.
Equipment and utensil batches must be sanitized in the third compartment according
to one of the following methods:
A.
Immersion for at least 30 seconds in clean hot water measured before immersion
at a temperature of at least 170˚ F (77˚C). When hot water is used for sanitizing,
an integral heating device or fixture must be installed in, on or under the
sanitizing compartment of the sink and must be capable of maintaining the water
at a temperature of at least 170˚ F (77˚C). There must also be a numerically
scaled indicating thermometer, accurate to + or - 2˚ F (+ or - 1˚C), convenient to
the sink for frequent checks of water temperature and dish baskets of such size
and design as to permit complete immersion of the tableware, kitchenware and
equipment into the hot water. See Section “Manual warewashing equipment,
heaters and baskets” and “Manual warewashing equipment, hot water sanitization
temperatures” and “Hot water and chemical”
B.
Immersion for at least one minute in a clean solution containing at least 50 parts
per million (ppm) of available chlorine as a hypochlorite and at a temperature
measured before immersion of at least 75˚ (24˚C). See Section “Manual and
mechanical warewashing equipment, chemical sanitization – temperature, pH,
concentration, and hardness”
C.
Immersion for at least one minute in a clean solution containing at least 12.5
ppm of available iodine, having a pH not higher than 5.0 and at a temperature of
at least 75˚ F (24˚ C). When chemicals are used for sanitizing, they must not
have concentrations higher than the maximum permitted by the Health
Authority. A test kit or other device that accurately measures the ppm
concentrations of the solution must be provided and used. See Section “Manual
and mechanical warewashing equipment, chemical sanitization – temperature, pH,
concentration, and hardness” and “Hot water and chemical”
D.
Immersion in a clean solution containing any other approved chemical sanitizing
agent that will provide the equivalent sanitization of solution containing at least
50 ppm of available chlorine as a hypochlorite at a temperature of at least 75˚F
(24˚C) for one minute. See Section “Manual and mechanical warewashing
148
equipment, chemical sanitization – temperature, pH, concentration, and hardness” and “Hot
water and chemical”
E.
Approved treatment with steam which is free from materials or additives for
equipment which is too large to sanitize by immersion, but in which steam can
be confined. See Section “Manual warewashing, sink compartment
requirements”
F.
Rinsing, spraying or swabbing with a chemical sanitizing solution of at least
twice the strength required for the sanitizing solution listed in paragraph (d)
above, if the equipment is too large to sanitize by immersion. See Section “Hot
water and chemical”
050.465
Automated cleaning and sanitizing may be done by spray-type or immersion dishwashing
machines or by any other type of machine or device, if it is demonstrated to the Health
Authority that it thoroughly cleans and sanitizes equipment and utensils. These machines
and devices must be properly installed and maintained in good repair. Machines and
devices must be operated in accordance with the manufacturer’s instructions and utensils
and equipment placed therein must be exposed to all dishwashing cycles. Automatic
detergent dispensers, wetting agent dispensers and liquid sanitizer injectors, if any must be
properly installed and maintained. See Section “Warewashing machines, manufacturers’
operating instructions”
050.470
The pressure of final rinse water supplied to spray-type dishwashing machines must be not
less than 15 or more than 25 pounds per square inch measured in the water line immediately
adjacent to the final rinse control valve. A ¼ inch iron pipe size (IPS) valve must be
provided immediately adjacent to the final rinse control valve to permit checking the flow
pressure of the final rinse water. See Section “Warewashing machines flow pressure
device” and “Mechanical warewashing equipment, sanitization pressure”
050.475
A machine or water line mounted, numerically scaled, indicting thermometer, accurate to +
or - 2˚F (+ or -1˚C) must be provided to indicate the temperature of the water in each tank
of the machine and the temperature of the final rinse water as it enters the manifold. See
Section “Warewashing machines, temperature measuring devices”
050.480
Rinse-water tanks must be protected by baffles, curtains or other effective means to
minimize the entry of wash water into the rinse water. Conveyors in dishwashing machines
must be accurately timed to assure proper exposure time in wash and rinse cycles in
accordance with the manufacturer’s specifications attached to the machines. See Section
“Warewashing machines, internal baffles”
050.485
Drain boards or movable dish tables must be provided, be of adequate size for the proper
handling of soiled utensils prior to washing and cleaned utensils following sanitizing and
must be so located and constructed as not to interfere with the proper use of the
dishwashing facilities. This does not preclude the use of easily movable dish tables for the
storage of soiled utensils or the use of easily movable dish tables for the storage of clean
utensils following sanitizing. See Section “Drainboards”
050.490
Equipment and utensils must be flushed or scraped and, when necessary, soaked to remove
food particles and soil before being washed in a dishwashing machine unless a prewash
cycle is a part of the dishwashing machine operation. Equipment and utensils must be
placed in free draining racks, trays, baskets or on conveyors in such a way that food contact
149
surfaces are exposed to the unobstructed application of detergent wash and clean rinse
waters. See Section “Precleaning” and “Loading of soiled items, warewashing machines”
050.495
Machines (single-tank, stationary-rack, door-type machines and spray-type glass washers)
using chemicals for sanitizing may be used if:
The temperature of the wash water is not less than 120˚F (49˚C) measured at the
rack, tray, basket or conveyor; See Section “Mechanical warewashing equipment,
wash solution temperature”
1.
2.
The wash water is kept clean; See Section “Warewashing equipment, clean
solutions”
3.
Chemicals added for sanitizing purposes are automatically dispensed; See Section
“Warewashing machines, automatic dispensing of detergents and sanitizers”
4.
Utensils and equipment are exposed to the final chemical sanitizing rinse in
accordance with manufacturer’s specifications for time and concentration; See
Section “Hot water and chemical”
The chemical sanitizing rinse water temperature is not less than 120˚F (49˚C)
measured at the rack, tray basket or conveyor; See Section “Manual and mechanical
warewashing equipment, chemical sanitization – temperature, pH, concentration, and
hardness”
5.
6.
Approved chemical sanitizers are used; and, See Section “Manual and mechanical
warewashing equipment, chemical sanitization – temperature, pH, concentration, and
hardness”
7.
A test kit or other device that accurately measures the ppm concentration of the active
sanitizing ingredient of the solution is available and used. See Section “Sanitizing
solutions, test devices”
050.496
Machines using hot water for sanitizing may be used if wash water and pumped rinse water
are kept clean and sanitizing rinse water is applied for the following minimum time and at
the following minimum temperatures:
1.
Single tank, stationary rack, dual temperature machine:
Wash temperature
150˚F (66˚C)
Final rinse temperature
180˚F (82˚C)
at the manifold or 162˚F (72˚C) at the rack for 15 seconds
2.
Single tank, stationary rack, single temperature machine:
Wash temperature
165˚F (74˚C)
Final rinse temperature
165˚F (74˚C)
at the manifold or 162˚F (72˚C) at the rack for 15 seconds
3.
Single tank, conveyor machine:
Wash temperature
160˚F (71˚C)
Final rinse temperature
180˚F (82˚C)
at the manifold or 162˚F (72˚C) at the rack for 15 seconds
4.
Multi-tank, conveyor machine:
Wash temperature
Pumped rinse temperature
150
150˚F (66˚C)
160˚F (71˚C)
Final rinse temperature
180˚F (82˚C)
at the manifold or 162˚F (72˚C) at the rack for 15 seconds
5.
Single tank, pot, pan and utensil washer (either stationary or moving rack):
Wash temperature
140˚F (60˚C)
Final rinse temperature
180˚F (82˚C)
at the manifold or 162˚F (72˚C) at the rack for 15 seconds
See Section “Mechanical warewashing equipment, wash solution temperature” and “Mechanical
warewashing equipment, hot water sanitization temperatures”
050.497
All dishwashing machines must be thoroughly cleaned at least once a day and more often
when necessary to prevent scale and to maintain them in a satisfactory operating condition.
See Section “Warewashing equipment, cleaning frequency”
050.498
After sanitizing, all equipment and utensils must be air dried. See Section “Equipment and
utensils, air-drying required”
050.500
Equipment and Utensil Storage
050.510
Cleaned and sanitized equipment and utensils must be handled in a way that protects them
from contamination. Spoons, knives and forks may be touched only at their handles. Cups,
glasses, bowls, plates and similar items must be handled without contact with inside
surfaces or surfaces that contact the user’s mouth. See Section “Equipment, utensils,
linens, and single-service and single-use articles”
050.515
Cleaned and sanitized utensils and equipment must be stored at least six (6) inches above
the floor in a clean dry location in a way that protects them from contamination by splash,
drip, deposition of dust and other exposure. Food contact surfaces of fixed equipment must
also be protected from contamination. See Section “Equipment, utensils, linens, and singleservice and single-use articles”
050.520
Utensils must be air-dried before being stored or must be stored in a self-draining position.
See Section “Equipment and utensils, air-drying required” and “Equipment, utensils, linens,
and single-service and single-use articles”
050.525
Glasses and cups must be stored inverted. Other stored utensils must be covered or inverted.
Facilities for the storage of knives, forks and spoons must be designed and used to present
the handle to the employee or consumer. Unless tableware is prewrapped, holders for
knives forks and spoons at self-service locations must protect these articles from
contamination and present the handle of the utensil to the consumer. See Section
“Equipment, utensils, linens, and single-service and single-use articles” and “Kitchenware
and tableware”
050.530
Single-service articles must be stored at least six (6) inches above the floor in closed
cartons or containers, which protect them from contamination by splash, drip, deposition of
dust and other exposure. See Section “Equipment, utensils, linens, and single-service and
single-use articles”
050.535
Single-service articles must be handled and dispensed in a manner that prevents
contamination of surfaces, which may come in contact with food or with the mouth of the
user. See Section “Kitchenware and tableware”
050.540
Single-service knives, forks and spoons packaged in bulk must be inserted into holders or
be wrapped by an employee who has washed his hands immediately prior to sorting or
151
wrapping the utensils. Unless single-service knives, forks and spoons are prewrapped or
prepackaged, holders must be provided to protect these items from contamination and
present the handle of the utensil to the consumer. See Section “Kitchenware and
tableware”
050.545
The storage of food equipment, utensils or single-service articles in toilet rooms,
mechanical rooms or vestibules is prohibited. See Section “Prohibitions”
050.550
When equipment and facilities for cleaning and sanitizing utensils are not available, only
single-service articles may be used. See Section “Single-service and single-use articles,
required use”
Equipment, clothes washers and dryers, and storage cabinets, contamination prevention.
A. 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.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
B. If a mechanical clothes washer or dryer is provided, it must 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.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Fixed equipment, spacing or sealing.
A. Equipment that is fixed because it is not easily movable must 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 one thirtysecond inch (1 mm); 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 must be installed to allow cleaning of the
equipment and areas underneath and around the equipment by being:
1.
Sealed or
2.
Elevated on legs.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Fixed equipment, elevation or sealing.
152
A. Except as specified in Subsections B and C of this section, floor-mounted equipment that is not
easily movable must be sealed to the floor or elevated on legs that provide at least a 6 inch (15
centimeter) clearance between the floor and the equipment.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. If no part of the floor under the floor-mounted equipment is more than 6 inches (15 centimeters)
from the point of cleaning access, the clearance space may be only 4 inches (10 centimeters).
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 Subsection E of this section, counter-mounted equipment that is not easily
movable must be elevated on legs that provide at least a 4 inch (10 centimeter) clearance between
the table and the equipment.
E. The clearance space between the table and counter-mounted equipment may be:
1.
3 inches (7.50 centimeters) if the horizontal distance of the table top under the equipment is
no more than 20 inches (50 centimeters) from the point of access for cleaning; or
2.
2 inches (5 centimeters) if the horizontal distance of the table top under the equipment is no
more than 3 inches (7.50 centimeters) from the point of access for cleaning.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Good repair and proper adjustment.
A. Equipment must be maintained in a state of good repair and condition
B. Equipment components such as doors, seals, hinges, fasteners, and kick plates must be kept
intact, tight, and adjusted in accordance with manufacturer's specifications.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
C. Cutting or piercing parts of can openers must be kept sharp to minimize the creation of metal
fragments that can contaminate food when the container is opened.
Cutting surfaces.
Surfaces such as cutting blocks and boards that are subject to scratching and scoring must be resurfaced if
they can no longer be effectively cleaned and sanitized, or discarded if they are not capable of being
resurfaced.
Warewashing equipment, cleaning frequency.
A warewashing machine; the compartments of sinks, basins, or other receptacles used for washing and
rinsing equipment, utensils, or raw foods, or laundering wiping cloths; and drainboards or other equipment
used to substitute for drainboards must be cleaned:
A. Before use;
B. 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
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
C. If used, at least every 24 hours.
Warewashing machines, manufacturers' operating instructions.
A. A warewashing machine and its auxiliary components must 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 must be maintained
accurately timed in accordance with manufacturer's specifications.
153
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Warewashing sinks, limitations.
A. A warewashing sink may not be used for handwashing.
B. If a warewashing sink is used to wash wiping cloths, wash produce, or thaw food, the sink must
be cleaned as specified under these regulations before and after each time it is used to wash
wiping cloths, wash produce or thaw food. Sinks used to wash or thaw food must be sanitized as
specified in these regulations before and after using the sink to wash produce or thaw food.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Warewashing equipment, cleaning agents.
When used for warewashing, the wash compartment of a sink, mechanical warewasher, or wash receptacle
of alternative manual warewashing equipment, must 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.
Warewashing equipment, clean solutions.
The wash, rinse, and sanitize solutions must be maintained clean.
Manual warewashing equipment, wash solution temperature.
The temperature of the wash solution in manual warewashing equipment must be maintained at not less
than 110°F (43°C) or the temperature specified on the cleaning agent manufacturer's label instructions.
Mechanical warewashing equipment, wash solution temperature.
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, 165°F (74°C);
2.
For a stationary rack, dual temperature machine, 150°F (66°C);
3.
For a single tank, conveyor, dual temperature machine, 160°F (71°C); or
4.
For a multi-tank, conveyor, multi-temperature machine, 150°F (66°C)
B. The temperature of the wash solution in spray-type warewashers that use chemicals to sanitize
may not be less than 120°F (49°C).
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Manual warewashing equipment, hot water sanitization temperatures.
If immersion in hot water is used for sanitizing in a manual operation, the temperature of the water must be
maintained at 171°F (77°C) or above.
Mechanical warewashing equipment, hot water sanitization temperatures.
A. Except as specified in Subsection 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 194°F (90°C),
or less than:
1.
For a stationary rack, single temperature machine, 165°F (74°C); or
2.
For all other machines, 180 °F (82°C).
154
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
B. The maximum temperature specified under Subsection A of this section, does not apply to the
high-pressure and temperature systems with wand-type, hand-held, spraying devices used for the
in-place cleaning and sanitizing of equipment such as meat saws.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Mechanical warewashing equipment, sanitization pressure.
The flow pressure of the fresh hot water sanitizing rinse in a warewashing machine may not be less than
100 kilopascals (15 pounds per square inch) or more than 170 kilopascals (25 pounds per square inch) as
measured in the water line immediately downstream or upstream from the fresh hot water sanitizing rinse
control valve.
Manual and mechanical warewashing equipment, chemical sanitization - temperature, pH,
concentration, and hardness.
A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at approved
exposure times, must meet the sanitizer criteria specified in these regulations, must be used in accordance
with the EPA approved manufacturer's label use instructions for sanitizers, and must be used as follows:
A. A chlorine solution must have a minimum temperature based on the concentration and pH of the
solution as listed in the following chart;
Minimum Concentration
Minimum Temperature
mg/L (ppm)
pH 10 or less, °F (°C)
pH 8 or less, °F (°C)
25
120 (49)
120 (49)
50
100 (38)
75 (24)
100
55 (13)
55 (13)
B. An iodine solution must have a:
1.
Minimum temperature of 75°F (24°C),
2.
pH of 5.0 or less or a pH no higher than the level for which the manufacturer specifies the
solution is effective, and
3.
Concentration between 12.5 mg/L (ppm) and 25 mg/L (ppm);
C. A quaternary ammonium compound solution must:
1.
Have a minimum temperature of 75°F (24°C),
2.
Have a concentration as indicated by the manufacturer's use directions included in the
labeling, and
3.
Be used only in water with 500 mg/L (ppm) hardness or less or in water having a hardness no
greater than specified by the manufacturer's label;
D. If another solution of a chemical specified under Subsections A, B and C of this section is used,
the permit holder shall demonstrate to the Health Authority that the solution achieves sanitization
and the use of the solution must be approved; or
E. If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, it
must be applied in accordance with the manufacturer’s use directions included in the labeling.
Manual warewashing equipment, chemical sanitization, using detergent-sanitizers.
155
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.56", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.5" +
Indent at: 0.75"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Indent
at: 0.75"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"
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 must be the
same detergent-sanitizer that is used in the washing step.
Warewashing equipment, determining chemical sanitizer concentration.
Concentration of the sanitizing solution must be accurately determined by using a test kit or other device.
Good repair and calibration.
A. Utensils must be maintained in a state of repair or condition that complies with these
requirements or be discarded.
B. Food temperature measuring devices must be calibrated in accordance with manufacturer's
specifications as necessary to ensure their accuracy.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
C. Ambient air temperature, water pressure, and water temperature measuring devices must be
maintained in good repair and be accurate within the intended range of use.
Single-service and single-use articles, required use.
A food establishment without facilities for cleaning and sanitizing kitchenware and tableware must 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.
Single-service and single-use articles, limitations.
A. Single-service and single-use articles may not be reused.
B. The bulk milk container dispensing tube must be cut on the diagonal leaving no more than one
(1) inch protruding from the chilled dispensing head.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Shells, limitations.
Mollusk and crustacean shells may not be used more than once as serving containers.
Equipment, food-contact surfaces, nonfood-contact surfaces, and utensils.
A. Equipment food-contact surfaces and utensils must be clean to sight and touch.
B. The food-contact surfaces of cooking equipment and pans must be kept free of encrusted grease
deposits and other soil accumulations.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
C. Nonfood-contact surfaces of equipment must be kept free of an accumulation of dust, dirt, food
residue, and other debris.
Equipment food-contact surfaces and utensils.
A. Equipment food-contact surfaces and utensils must be cleaned:
1.
Except as specified in Subsection B of this section, before each use with a different type of
raw animal food such as beef, fish, lamb, pork, or poultry;
2.
Each time there is a change from working with raw foods to working with ready-to-eat
foods;
156
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
3.
Between uses with raw fruits and vegetables and with potentially hazardous food
(time/temperature control for safety food);
4.
Before using or storing a food temperature measuring device; and
5.
At any time during the operation when contamination may have occurred.
B. Subsection 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 than
the previous food, such as preparing raw fish followed by cutting raw poultry on the same cutting
board.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
C. Except as specified in Subsection D of this section, if used with potentially hazardous food
(time/temperature control for safety food) equipment food-contact surfaces and utensils must be
cleaned throughout the day at least every 4 hours.
D. Surfaces of utensils and equipment contacting potentially hazardous food (time/temperature
control for safety food) may be cleaned less frequently than every 4 hours if:
1.
In storage, containers of potentially hazardous food (time/temperature control for safety
food) and their contents are maintained at required temperatures 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 (1) of the temperatures in the following chart and:
a)
The utensils and equipment are cleaned at the frequency in the following chart that
corresponds to the temperature; and
Temperature
Cleaning Frequency
41°F (5.0°C) or less
24 hours
>41°F - 45°F (5.0°C - 7.2°C)
20 hours
>45°F - 50°F (7.2°C - 10.0°C)
16 hours
>50°F - 55°F (10.0°C - 12.8°C)
10 hours
b) The cleaning frequency based on the ambient temperature of the refrigerated room or
area is documented in the food establishment.
3.
Containers in serving situations such as salad bars, delis, and cafeteria lines hold ready-to-eat
potentially hazardous food (time/temperature control for safety food) that is maintained at
required temperatures, 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 required temperatures.
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
157
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at: 1.06"
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at: 1.06"
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at: 0.81"
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at: 1.06"
7.
In-use utensils are intermittently stored in a container of water in which the water is
maintained at 135°F (57°C) 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.
E. Except when dry cleaning methods are used, surfaces of utensils and equipment contacting food
that is not potentially hazardous food (time/temperature control for safety food) must be cleaned.
1.
At any time when contamination may have occurred;
2.
At least every 24 hours for iced tea dispensers and consumer self-service 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.
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at: 0.81"
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at: 1.06"
Cooking and baking equipment.
A. The food-contact surfaces of cooking and baking equipment must be cleaned at least every 24
hours. This section does not apply to hot oil cooking and filtering equipment if it is cleaned on an
approved schedule.
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at: 0.56"
B. The cavities and door seals of microwave ovens must be cleaned at least every 24 hours by using
the manufacturer's recommended cleaning procedure.
Nonfood-contact surfaces.
Nonfood-contact surfaces of equipment must be cleaned at a frequency necessary to preclude accumulation
of soil residues.
Dry cleaning.
A. If used, dry cleaning methods such as brushing, scraping, and vacuuming must contact only
surfaces that are soiled with dry food residues that are not potentially hazardous food
(time/temperature control for safety food).
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Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. Cleaning equipment used in dry cleaning food-contact surfaces may not be used for any other
purpose.
Precleaning.
A. Food debris on equipment and utensils must be scraped over a waste disposal unit or garbage
receptacle or must be removed in a warewashing machine with a prewash cycle.
B. If necessary for effective cleaning, utensils and equipment must be preflushed, presoaked, or
scrubbed with abrasives.
Loading of soiled items, warewashing machines.
158
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at: 0.56"
Soiled items to be cleaned in a warewashing machine must be loaded into racks, trays, or baskets or onto
conveyors in a position that:
A. Exposes the items to the unobstructed spray from all cycles; and
B. Allows the items to drain.
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Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Wet cleaning.
A. Equipment food-contact surfaces and utensils must 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.
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Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. The washing procedures selected must be based on the type and purpose of the equipment or
utensil, and on the type of soil to be removed.
Washing, procedures for alternative manual warewashing equipment.
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 must be done by using alternative manual warewashing
equipment in accordance with the following procedures:
A. Equipment must be disassembled as necessary to allow access of the detergent solution to all
parts;
B. Equipment components and utensils must be scraped or rough cleaned to remove food particle
accumulation; and
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at: 0.56"
C. Equipment and utensils must be washed with an approved method.
Rinsing procedures.
Washed utensils and equipment must be rinsed so that abrasives are removed and cleaning chemicals are
removed or diluted through the use of water or a detergent-sanitizer solution by using one (1) of the
following procedures:
A. Use of a distinct, separate water rinse after washing and before sanitizing if using:
1.
A three (3)-compartment sink,
2.
Alternative manual warewashing equipment equivalent to a three (3)-compartment sink; or
3.
A three (3)-step washing, rinsing, and sanitizing procedure in a warewashing system for
cleaned-in-place equipment;
B. Use of a detergent-sanitizer if using:
1.
Alternative warewashing equipment that is approved for use with a detergent-sanitizer, or
2.
A warewashing system for cleaned-in-place equipment;
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at: 0.56"
C. Use of a nondistinct water rinse that is integrated in the hot water sanitization immersion step of a
two (2)-compartment sink operation;
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at: 0.81"
D. If using a warewashing machine that does not recycle the sanitizing solution as specified under
Subsection E of this section, or alternative manual warewashing equipment such as sprayers, use
of a nondistinct water rinse that is:
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1.
Integrated in the application of the sanitizing solution, and
2.
Wasted immediately after each application; or
159
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at: 0.81"
E. 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.
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at: 0.56"
Returnables, cleaning for refilling.
A. Except as specified in Subsections B and C of this section, returned empty containers intended
for cleaning and refilling with food must be cleaned and refilled in a regulated food processing
establishment.
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at: 0.56"
B. A food-specific container for beverages may be refilled at a food establishment if:
1.
Only a beverage that is not a potentially hazardous food (time/temperature control for safety
food) is used;
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 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 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 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.
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Food-contact surfaces and utensils.
Equipment food-contact surfaces and utensils must be sanitized.
Before use after cleaning.
Utensils and food-contact surfaces of equipment must be sanitized before use after cleaning.
Hot water and chemical.
After being cleaned, equipment food-contact surfaces and utensils must be sanitized in:
A. Hot water manual operations by immersion for at least 30 seconds with a temperature of 171°F
(77°C) or above; or
B. Hot water mechanical operations by being cycled through equipment that is set up according to
the manufacturer’s instructions and achieving a utensil surface temperature of 160°F (71°C) as
measured by an irreversible registering temperature indicator; or
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at: 0.56"
C. 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 by the EPA approved manufacturer’s label and by providing:
1.
An exposure time of at least 10 seconds for a chlorine solution with approved concentrations
and temperatures;
160
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2.
An exposure time of at least 7 seconds for a chlorine solution of 50 mg/L (ppm) that has a
pH of 10 or less and a temperature of at least 100°F (38°C) or a pH of 8 or less and a
temperature of at least 75°F (24°C);
3.
An exposure time of at least 30 seconds for other chemical sanitizing solutions, or
4.
An exposure time used in relationship with a combination of temperature, concentration, and
pH that, when evaluated for efficacy, yields approved levels of sanitization.
Clean linens.
Clean linens must be free from food residues and other soiling matter.
Specifications.
A. Linens that do not come in direct contact with food must be laundered between operations if they
become wet, sticky, or visibly soiled.
B. Cloth gloves must be laundered before being used with a different type of raw animal food such
as beef, fish, lamb, pork or poultry.
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C. Linens, napkins and cloth napkins must be laundered between each use.
D. Wet wiping cloths must be laundered daily.
E. Dry wiping cloths must be laundered as necessary to prevent contamination of food and clean
serving utensils.
Formatted: Kern at 12 pt
Storage of soiled linens.
Soiled linens must 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.
Mechanical washing.
A. Except as specified in Subsection B of this section, linens must be mechanically washed.
B. In food establishments in which only wiping cloths are laundered, the wiping cloths may be
laundered in a mechanical washer, sink designated only for laundering wiping cloths, or a
warewashing or food preparation sink that is cleaned with an approved method.
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Use of laundry facilities.
A. Except as specified in Subsection B of this section, laundry facilities on the premises of a food
establishment must be used only for the washing and drying of items used in the operation of the
establishment.
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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
establishment items.
Equipment and utensils, air-drying required.
After cleaning and sanitizing, equipment and utensils:
A. Must be air-dried or used after adequate draining before contact with food; and
161
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B. May not be cloth dried except that utensils that have been air-dried may be polished with cloths
that are maintained clean and dry.
Wiping cloths, air-drying locations.
Wiping cloths laundered in a food establishment that does not have a mechanical clothes dryer must 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.
Food-contact surfaces; lubricants.
Lubricants must be applied to food-contact surfaces that require lubrication in a manner that does not
contaminate food-contact surfaces.
Equipment.
Equipment must be reassembled so that food-contact surfaces are not contaminated.
Equipment, utensils, linens, and single-service and single-use articles.
A. Except as specified in Subsection D of this section, cleaned equipment and utensils, laundered
linens, and single-service and single-use articles must be stored:
1.
In a clean, dry location;
2.
Where they are not exposed to splash, dust, or other contamination; and
3.
At least 6 inches (15 centimeters) above the floor.
B. Clean equipment and utensils must be stored as specified under Subsection A of this section and
must be stored:
1.
In a self-draining position that allows air-drying; and
2.
Covered or inverted.
C. Single-service and single-use articles must be stored as specified under Subsection A of this
section and must 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 6 inches (15 centimeters) above
the floor on dollies, pallets, racks, and skids that are designed to be easily movable.
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at: 0.56"
Prohibitions.
A. Except as specified in Subsection B, 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;
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at: 1 + Alignment: Left + Aligned at: 1.44" +
Indent at: 1.69"
162
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.
C. 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.
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at: 0.56"
Formatted: Font: Not Bold
Kitchenware and tableware.
A. Single-service and single-use articles and cleaned and sanitized utensils must be handled,
displayed, and dispensed so that contamination of food and lip-contact surfaces is prevented.
B. Knives, forks, and spoons that are not prewrapped must be presented so that only the handles are
touched by employees and by consumers if consumer self-service is provided.
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at: 0.56"
C. Except as specified under Subsection B of this section, single-service articles that are intended
for food or lip-contact must be furnished for consumer self-service with the original individual
wrapper intact or from an approved dispenser.
Soiled and clean tableware.
Soiled tableware must be removed from consumer eating and drinking areas and handled so that clean
tableware is not contaminated.
Preset tableware.
A. Tableware that is preset must be protected from contamination by being wrapped, covered, or
inverted.
B. When tableware is preset, exposed, unused settings must be:
1.
Removed when a consumer is seated; or
2.
Cleaned and sanitized before further use if the settings are not removed when a consumer is
seated.
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SECTION 060
WATER SUPPLY
WATER, PLUMBING AND WASTE
Formatted: Centered
Formatted: Font: Bold
060.010
Sufficient potable water for the needs of the food establishment must be provided. See
Section “Potable water”
Potable water.
163
Formatted: Font: 10 pt
A. Potable water of a sufficient amount to meet the demands of a food establishment must be
obtained from a permitted public water system or source approved by the Washoe County Health
District.
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B. Hot water generation and distribution systems must be sufficient to meet the peak hot water
demands throughout the food establishment.
C. Water under pressure must be provided to all fixtures, equipment and nonfood equipment that are
required to use water except that water supplied to a temporary food establishment or in response
to a temporary interruption of a water supply need not be under pressure.
Bottled drinking water.
Bottled drinking water used or sold in a food establishment must be obtained from approved sources.
060.020
All potable water not provided directly by piping to the food establishment must be
transported in an approved bulk water transport system and must be delivered to an
approved closed-water system. See Section “Potable water.”
Alternative water supply.
A. Potable water must be provided from an approved source for a mobile unit or for a temporary
food establishment without a permanent water supply, and for a food establishment with a
temporary interruption of its water supply through:
1.
A supply of containers of commercially bottled drinking water;
2.
One (1) or more sealable, portable water containers;
3.
An enclosed vehicular water tank that is permitted as a potable water hauler;
4.
An on-premises water storage tank; or
5.
Piping, tubing, or hoses connected to an adjacent approved source.
B. In the event of an emergency which results in the temporary interruption of the water supply to a
food establishment the Health Authority may approve an alternative plan for water service to
assure the protection of public health.
060.030
Bottled or packaged potable water must be handled and stored in a way that protects it from
contamination. Bottled or packaged potable water must be dispensed from the original
container. See Section “Bottled drinking water”
060.040
Water under pressure and at an approved temperature must be provided to all fixtures and
equipment that use water. See Section “Potable water”
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at: 0.81"
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at: 0.56"
Plumbing.
Except as otherwise provided in these regulations, all plumbing systems including individual sewage
disposal system piping, must be sized, constructed, installed, located and maintained according to the
requirements in the most recent edition of the Uniform Plumbing Code or pursuant to the authority having
jurisdiction. Plumbing systems must also be:
A. Composed of nontoxic materials;
B. Repaired in accordance with applicable local or state law; and
164
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at: 0.56"
C. Approved by the Health Authority.
Cleanable fixtures.
A. Toilets and urinals must be easy to clean. Trough type urinals are prohibited.
B. Fixtures must be kept clean and in good repair.
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at: 0.56"
Handwashing sink, installation.
A. Each sink for washing hands must have hot and cold water tempered by a mixing valve or
combination faucet. The hot water must be at a temperature of at least 100°F (38°C).
B. A steam mixing valve may not be used at a handwashing sink.
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at: 0.56"
C. Any faucet which closes automatically, closes slowly or is metered must provide a flow of water
for at least 15 seconds without the need to reactivate the faucet.
D. Sinks for washing hands, dispensers for soap, devices for drying hands and all related fixtures
must be easily cleanable and must be kept clean and in good repair.
E. An automatic handwashing facility must be installed in accordance with manufacturer’s
instructions.
Handwashing sink: use, operation and maintenance.
A. A supply of soap or detergent for cleaning hands must be available at each sink for washing
hands.
B. A sign or poster that notifies food employees to wash their hands must be provided at all
handwashing sinks used by food employees and must be clearly visible to all food employees.
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at: 0.56"
C. Sinks for washing hands must be accessible to employees at all times and may not be used for
purposes other than washing hands.
Formatted: Font: Bold
060.050 Steam used in contact with food or food-contact surfaces must be free from any materials or
additives other than those approved by the Health Authority.
SECTION 070
SEWAGE
070.010
All sewage, including liquid waste, must be disposed of through an approved public or
other sewage system. See Section “Disposal of sewage”
070.020
Waterless sewage disposal facilities are prohibited except as approved in writing by the
Health Authority for a temporary food service establishment or in remote areas or because
of special situations. Under such conditions, the operation of these facilities must be in
conformance with applicable state and local laws, ordinances and regulations. See Section
“Disposal of sewage”
165
Formatted: Indent: Left: 0", First line: 0"
SECTION 080
PLUMBING
080.005
In all new food establishments or establishments undergoing remodeling to improve food
handling operations, all plumbing must be sized, installed and maintained in compliance
with the requirements of the current edition of the Uniform Plumbing Code, other local
plumbing laws and this section of these regulations. See Section “Plumbing”
080.010
There must be no cross-connection between the potable water supply and any nonpotable
water supply or any source of pollution through which the potable supply might become
contaminated. See Section “Systems for potable and nonpotable water: Backflow
prevention”
080.015
A non-potable water system which meets state bacteriological requirements is permitted
only for purposes such as air conditioning, cleaning purposes, flushing toilets and fire
protection and only if the system is installed according to all applicable state and local laws
and regulations and the non-potable water does not contact, directly or indirectly, food,
potable water or equipment that contact food or utensils. The piping of any non-potable
water supply must be easily and durably identified so that it is readily distinguishable from
piping that carries potable water. See Section “Systems for potable and nonpotable water:
Backflow prevention”
080.020
The potable water system must be installed to preclude the possibility of back flow.
Devices must be installed to protect against back flow and back siphonage at all fixtures
and equipment if an air gap, at least twice the diameter of the water supply inlet, is not
provided between the water supply inlet and the fixtures’ flood level rim. A hose may not
be attached to a faucet unless a back flow prevention device is installed. See Section
“Systems for potable and nonpotable water: Backflow prevention”
Systems for potable and non-potable water; backflow prevention.
A. There may be no cross-connection between the supply of potable water and any water which is
non-potable or may be non-potable or any source of pollution by which the potable water might
become contaminated.
B. A system of non-potable water which meets the limitations established by the State for levels of
bacteria may only be used for purposes such as air conditioning, cleaning, flushing toilets and fire
protection and only if the system is approved by the Health Authority and does not come into
direct or indirect contact with food, potable water or equipment that comes in contact with food
or utensils. The piping of any non-potable water must be clearly and permanently identified so
that it is readily distinguishable from piping that carries potable water.
C. The system for potable water must be installed to preclude the possibility of backflow. Devices
must be installed to protect against backflow and backsiphon on all fixtures and equipment which
do not have an air gap which is at least twice the diameter of the inlet for the water between the
inlet and the fixture’s flood level rim. A hose may not be attached to a faucet unless a device to
prevent backflow is installed.
D. A backflow prevention assembly must be located so that it may be serviced and maintained.
166
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
E. A device such as a water-treatment device or backflow preventer must be scheduled for
inspection and service, in accordance with manufacturer’s instructions and as necessary to
prevent device failure based on local water conditions. Records demonstrating inspection and
service must be maintained by the person-in-charge.
F.
If not provided with an air gap, a double check valve with an intermediate vent preceded by a
screen of not less than 100 mesh to 1 inch (100 mesh to 25.4 mm) must be installed upstream
from a carbonating device and downstream from any copper in the water supply line.
G. A single or double check valve attached to the carbonator need not be of the vented type if an air
gap or vented backflow prevention assembly has been otherwise provided.
H. The piping of a non-potable water system must be durably identified so that it is readily
distinguishable from piping that carries potable water.
Conditioning device, design.
A water filter, screen, and other water conditioning device installed on water lines must be designed and
located to facilitate disassembly for periodic servicing and cleaning. A water filter element must be of the
replaceable type.
Toilets.
A. If a food establishment is the only occupant of a building, the establishment must have toilets
which are conveniently located within the building. The toilets must be accessible to the
employees of the establishment at all times.
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Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. If the one toilet facility serving the food establishment at any time fails or becomes otherwise
inoperable, the food establishment must immediately close for business and notify the Health
Authority. The establishment must stay closed until the Health Authority approves the food
establishment to reopen.
C. Fixtures must be kept clean and in good repair. A supply of toilet tissue must be provided at each
toilet at all times. Receptacles which are easy to clean must be provided for waste.
D. Exhaust fans must be installed in all new facilities and in existing facilities if the food
establishment is extensively remodeled.
E. Food establishments are not required to supply toilets within the facility if:
F.
1.
The food establishment is located in a covered mall, casino, airport or similar location where
toilet facilities are located conveniently to the establishment and where indoor access exists;
and
2.
A sink for washing hands is conveniently located as required by these regulations; and
3.
The lease agreement of the food establishment provides that the lessor will at all times
provide clean and appropriately stocked and maintained toilet facilities for employees of the
food establishment.
The number and type of required toilet facilities must be determined by the local building
authority.
G. Toilets must be installed according to the most recent edition of the Uniform Plumbing Code.
Mop sink.
At least one (1) mop sink or one (1) curbed cleaning facility equipped with a floor drain must be provided
and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of
167
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at: 0.81"
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Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
mop water and similar liquid waste. Lavatories or sinks normally used for preparing food or washing
utensils or equipment may not be used for this purpose.
Water reservoir of fogging devices, cleaning.
A. A reservoir that is used to supply water to a device such as a produce fogger must 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 Subsection B of this section, whichever is more stringent.
B. Cleaning procedures must include at least the following steps and must be conducted at least
once a week:
1.
Draining and complete disassembly of the water and aerosol contact parts;
2.
Brush-cleaning the reservoir, aerosol tubing, and discharge nozzles with a suitable detergent
solution;
3.
Flushing the complete system with water to remove the detergent solution and particulate
accumulation; and
4.
Rinsing by immersing, spraying, or swabbing the reservoir, aerosol tubing, and discharge
nozzles with at least 50 mg/L (ppm) hypochlorite solution.
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Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
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Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Drains.
A. Every drain, overflow or relief vent from the water supply system must have an indirect
connection to the waste system. Drain lines from equipment must not discharge wastewater in a
manner that floods any floor or causes water to flow across any work area or area which is
difficult to clean.
B. A floor drain must be provided in any area where meat, fish or poultry is processed.
Backflow prevention.
A. Except as provided in Subsection B 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 except when floor drains originating in refrigerated spaces are constructed as
an integral part of the building.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. A warewashing machine may have a direct connection to the sewage system provided that it
conforms to applicable codes adopted in these regulations.
080.025
Grease traps, when used, must be located for easy access and cleaning. See Section
“Grease traps”
Grease traps.
If used a grease trap must be located to be easily accessible for cleaning and not present a risk of
contamination of food, food-contact surfaces, equipment or utensils including during cleaning or pumping
operations.
Formatted: Space After: 6 pt
Grease interceptors.
168
Grease interceptors must be sized, constructed, installed, located and maintained according to the
requirements in the most recent edition of the Uniform Plumbing Code or pursuant to the authority having
jurisdiction.
Disposal of sewage.
A. All sewage, including liquid waste, must be disposed of in a manner approved by the Health
Authority.
B. Facilities for the disposal of sewage which do not use water, including non-sewered toilets, are
prohibited except as permitted by the Health Authority for a temporary food establishment which
is in a remote area or because of special situations.
080.030
Garbage grinders, when used, must be installed and maintained according to applicable
state and local laws. See Section “Plumbing”
080.035
There must be no direct connection between the sewage system and any drainpipe from
equipment in which food, portable equipment, utensils or tableware is placed. When a
dishwashing machine is located within five (5) feet of a properly trapped and vented floor
drain, the dishwasher waste outlet may be connected directly on the inlet side of the trap to
the floor drain trap. See Section “Backflow prevention”
SECTION 090
TOILET AND HAND WASHING FACILITIES
090.101
Toilets
090.015
An approved number of toilet facilities for food handlers must be installed according to the
current edition of the Uniform Plumbing Code, must be conveniently located within the
confines of the same buildings as the food establishment and must be accessible to food
handlers at all time. See Section “Toilets”
090.020
Toilet room must be completely enclosed and must have tight fitting, self-closing doors,
which may be open only during cleaning or maintenance. See Section “Toilet rooms,
enclosed”
090.025
Toilet fixtures must be kept clean and in good repair. A supply of toilet tissue must be
provided for and accessible at each toilet at all times. Easily cleanable receptacles must be
provided for waste materials. Toilet facilities used by women must have at least one
covered waste receptacle. See Section “Toilets” and “Toilet room receptacle, covered”
090.030
Exhaust fans must be installed in all new construction and in existing facilities undergoing
remodeling. See Section “Toilets”
169
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Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
090.100
Hand Washing Facilities
090.105
An approved number of lavatories must be provided and must be installed according to the
current edition of the Uniform Plumbing Code and must be located to permit easy access
and convenient use by all food handlers within the food preparation areas and utensil
washing areas. See Section “Handwashing sink, installation”, “Handwashing sink: use,
operation and maintenance” and “Handwashing sink, location and placement”
090.110
Lavatories must be located in or adjacent to toilet facilities or vestibules. Sinks used for
food preparation or for washing equipment or utensils must not be used for hand washing.
See Section “Where to wash” and Section “Handwashing sinks, location and placement”
and Section “Warewashing sinks, use limitation”
090.115
Each lavatory must be provided with hot and cold water tempered by means of a mixing
valve or combination faucet. Any self-closing, slow-closing, or metering faucet used must
be designed to provide a flow of water for at least 15 seconds without the need to reactivate
the faucet. Steam mixing valves are prohibited. See Section “Handwashing sinks,
installation”
090.120
A supply of hand-cleaning soap or detergent must be available at each lavatory. A supply of
sanitary towels or a hand-drying device providing heated air must be conveniently located
near each lavatory. Common towels are prohibited. If disposable towels are used, easily
cleanable waste receptacles must be conveniently located near the hand washing facilities.
See Section “Handwashing sink: use, operation and maintenance” and “Handwashing sinks,
location and placement”
090.125
Lavatories, soap dispensers, hand-drying devices and all related fixtures must be kept clean
and in good repair. See Section “Handwashing sinks, installation”
Indoor storage area.
If located within the food establishment, a storage area for refuse, recyclables, and returnables must meet
the requirements set forth by the Health Authority.
Outdoor storage surface.
A. An outdoor storage surface for refuse, recyclables, and returnables must be smooth and durable,
maintained in good repair and constructed of nonabsorbent material such as concrete or asphalt
unless otherwise approved by the Health Authority.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. A drain must be installed in an outdoor storage area when:
1.
The storage area is used to store bin type grease receptacles or compactors not equipped with
leak-proof drainage containment compartments; or,
2.
Used to dispose of liquid waste; or,
3.
Used in an area in which to rinse or wet clean equipment, such as solid waste containers,
storage bins, floor mats, mops, etc.
C. If approved off-premises based cleaning services for dumpsters and trash receptacle areas may be
used if on-premise cleaning implements and supplies are not available. If a food establishment
needs to use off-premises based cleaning services, a letter from the cleaning service specifying
the agreed upon location and frequency of the cleaning operation must be provided to the Health
Authority for verification.
Outdoor storage area, construction requirements when drain required.
170
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Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
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Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Font: Bold
Outdoor storage areas that are required to have area or trough drains must be constructed:
A. With the storage surface sloped toward the drain(s), and
B. With concrete berms or other durable and water resistant barriers which are either integral to the
construction of the surface material or which are sealed to the surface; or
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
C. Such that the area is elevated above the surrounding ground surface by at least four (4) inches; or
D. Such that storm water run-off from other than that accumulating in the storage area is directed
away from the storage area. This may be accomplished by grading the land surround the storage
area such that it is sloped away from the area at a grade of at least one (1) inch per foot.
Outdoor enclosure.
If used, an outdoor enclosure for refuse, recyclables, and returnables must be constructed of durable and
cleanable materials.
SECTION 100
Garbage And Refuse Disposal
100.005
Garbage and refuse must be kept in durable, easily cleanable, insect-proof and rodent-proof
containers that do not leak and do not absorb liquids. Plastic bags and wet strength paper
bags may be used to line these containers and may be used for storage inside the food
service. See Section “Receptacles”
Receptacles.
A. Except as specified in Subsection B of this section, receptacles and waste handling units for
refuse, recyclables, and returnables and for use with materials containing food residue must be
durable, cleanable, insect- and rodent-resistant, leak-proof, and nonabsorbent.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the
food establishment, or within closed outside receptacles.
C. Receptacles and waste handling units for refuse and recyclables such as an on-site compactor
must 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.
Storage areas, rooms, and receptacles, capacity and availability.
A. An inside storage room and area and outside storage area and enclosure, and receptacles must be
of sufficient capacity to hold refuse, recyclables, and returnables that accumulate.
B. A receptacle must be provided in each area of the food establishment or premises where refuse is
generated or commonly discarded, or where recyclables or returnables are placed.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Toilet room receptacle, covered.
A toilet room used by females must be provided with a covered receptacle for sanitary napkins that is easily
accessible from within the stall.
171
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Formatted: Indent: Left: 0", First line: 0"
Cleaning implements and supplies.
A. Except as specified in Subsection B of this section, suitable cleaning implements and supplies
such as high-pressure pumps, hot water, steam, and detergent must be provided as necessary for
effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. If approved, off-premises-based cleaning services may be used if on-premises cleaning
implements and supplies are not provided.
Storage areas, redeeming machines, receptacles and waste handling units, location.
A. An area designated for refuse, recyclables, returnables, and, except as specified in Subsection B
of this section, a redeeming machine for recyclables or returnables must 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.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. A redeeming machine may be located in the packaged food storage area or consumer area of a
food 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.
Storing refuse, recyclables, and returnables.
Formatted: Font: Bold
Refuse, recyclables, and returnables must be stored in receptacles or waste handling units so that they are
inaccessible to insects and rodents.
Formatted: Indent: Left: 0", First line: 0"
Outside storage prohibitions.
A. Except as specified in Subsection B of this section, refuse receptacles not meeting the
requirements specified under these regulation such as receptacles that are not rodent-resistant,
unprotected plastic bags and paper bags, or baled units that contain materials with food residue
may not be stored outside.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
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.
100.010
Containers used for refuse in food preparation and utensil washing areas must be kept
covered when not in use. See Section “Covering receptacles”
Covering receptacles.
Receptacles and waste handling units for refuse, recyclables, and returnables must be kept covered:
A. Inside the food establishment if the receptacles and units:
1.
Contain food residue and are not in continuous use; or
2.
After they are filled; and
B. With tight-fitting lids or doors if kept outside the food establishment.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
172
100.015
Containers stored outside the establishment, including dumpsters, compactors and
compactor systems must be easily cleanable, must be provided with tight fitting lids, doors
or covers, and must be kept covered when not in use. In containers designed with drains,
drain plugs must be in place at all times, except during cleaning. See Section “Covering
receptacles” and “Using drain plugs”
Using drain plugs.
Drains in receptacles and waste handling units for refuse, recyclables, and returnables must have drain
plugs in place.
Maintaining refuse areas and enclosures.
A storage area and enclosure for refuse, recyclables, or returnables must be maintained free of unnecessary
items.
Cleaning receptacles.
A. Receptacles and waste handling units for refuse, recyclables, and returnables must be thoroughly
cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service
and single-use articles, and wastewater must be disposed of as specified under these regulations.
B. Soiled receptacles and waste handling units for refuse, recyclables, and returnables must be
cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming
attractants for insects and rodents.
100.020
There must be a sufficient number of containers to hold all the garbage and refuse that
accumulates. See Section “Storage areas, rooms, and receptacles, capacity and availability”
100.025
Soiled containers must be cleaned at a set frequency to prevent insect and rodent attraction.
Each container must be thoroughly cleaned on the inside and outside in a way that does not
contaminate food, equipment, utensils or food preparation areas. Suitable facilities,
including hot water and detergent or steam, must be provided and used for washing
containers. Liquid wastes from compacting or cleaning operations must be disposed
through a drain to the sewage system. See Section “Outdoor storage surface”, “Cleaning
implements and supplies” and “Cleaning receptacles”
100.030
Garbage and refuse on the premises must be stored in a manner which makes it inaccessible
to insects and rodents. Outside storage of unprotected plastic bags or wet strength paper
bags containing garbage or refuse is prohibited, except that cardboard or other packaging
material not containing putrescible garbage or food wastes need not be stored in covered
containers but must be contained in a manner to prevent scattering by wind, animals, etc.
Storage of combustible trash must be in conformance with all applicable state and local fire
prevention laws. See Section “Receptacles” and “Outside storage prohibitions”
100.040
Outside storage areas or enclosures must be large enough to house all garbage and refuse
containers and the area must be kept clean. Garbage and refuse containers, dumpsters and
compactor systems located outside must be stored on or above a smooth surface or
nonabsorbent material such as concrete or machine-laid asphalt that is provided with a drain
173
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Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
to the sewage system and is maintained in good repair. See Section “Outdoor storage
surface”
100.045
Garbage and refuse must be disposed of at least seven (7) days to prevent the development
of odor and the attraction of insects and rodents. All food establishments must subscribe to
an approved garbage collection service. See Section “Approved service” and “Storing
refuse, recyclables and returnables”
Approved service.
All food establishments must subscribe to an approved garbage collection service.
Storing refuse, recyclables and returnables.
Refuse, recyclables, and returnables must be removed from the premises at a frequency not to exceed seven
(7) days to minimize the development of objectionable odors and other conditions that attract or harbor
insects and rodents.
100.050
Garbage or refuse burning on premises may only be done by controlled incineration that
prevents the escape of particulate matter in accordance with applicable state and local law.
A permit must be obtained from the Washoe County District Health Department before
operating the incinerator. Areas around incineration facilities must be kept clean and
orderly.
SECTION 110
INSECT AND RODENT CONTROL
110.010
Effective measures intended to minimize the presence of rodents, flies, cockroaches and
other insects on the premises must be utilized. The premises must be kept in such
conditions as to prevent the harborage or feeding of insects or rodents. See Section
“Controlling pests”
110.020
Openings to the outside of the food establishment must be effectively protected against the
entrance of rodents. See Section “Outer openings, protected”
110.030
Openings must be protected against entrance by insects by tight-fitting devices such as, but
not limited to, self-closing doors, closed windows, screening and controlled air currents.
Screening materials for doors and windows must be not less than 16 mesh to the inch,
tightly fitted into the opening and kept in good repair. See Section “Outer openings,
protected”
110.040
Only approved pesticides and rodenticides may be used. No mechanical pesticides dosing
device may be used in any area where food preparation occurs without the approval of the
Health Authority. Passive pesticide dosing devices may be used in food preparation areas
but only when located so as not to create a potential contamination hazard to shelves, tables
and other horizontal surfaces where food is prepared or served. Pesticides and insecticides
may not be used during the period of time when food preparation or utensil washing
operations are being conducted in the food establishment. Before resuming food preparation
174
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Formatted: Indent: Left: 0", First line: 0"
operations, all horizontal surfaces in the food preparation areas must be thoroughly washed
to remove any toxic residues. See Section “Safe, unadulterated and honestly presented”
and “Conditions of use”
SECTION 120
CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES
PHYSICAL FACILITIES
Formatted: Centered
Formatted: Font: 12 pt, Bold
120.010
Floors
120.015
Floors and floor coverings of all food preparation, food storage and utensil washing areas
and the floors of all walk-in refrigerating units, dressing rooms, locker rooms, toilet rooms
and vestibules must be constructed of smooth durable materials, such as sealed concrete,
terrazzo, ceramic tile, durable grades of linoleum in plastic or tight wood impregnated with
plastic and must be maintained in good repair. This section does not prohibit the use of antislip floor covering in areas where necessary for safety reasons. See Section “Indoor surface
characteristics” and “Floors, walls, and ceilings”
Indoor surface characteristics.
Materials for indoor floor, wall, and ceiling surfaces under conditions of normal use must be:
A. Smooth, durable, and easily cleanable for areas where food establishment operations are
conducted;
Formatted: Indent: Left: 0.31", Hanging:
0.25"
B. Closely woven and easily cleanable carpet for carpeted areas; and
C. Nonabsorbent for areas subject to moisture such as food preparation areas, walk-in refrigerators,
warewashing areas, toilet rooms, mobile unit servicing areas, and areas subject to flushing or
spray cleaning methods.
120.020
Carpeting, if used as a floor covering for dining areas, must be of closely woven
construction, properly installed, easily cleanable and maintained in good repair. Carpeting
is prohibited in food preparation, equipment washing and utensil washing areas, if it will be
exposed to large amounts of grease and water, and in food storage areas and toilet rooms
where urinals or toilet fixtures are located. See Section “Indoor surface characteristics” and
“Floor carpeting, restrictions and installation”
Outdoor surface characteristics.
A. The outdoor walking and driving areas must be surfaced with concrete, asphalt, or gravel or other
materials that have been effectively treated to minimize dust, and facilitate maintenance.
B. The outdoor walking and driving areas must be graded to drain.
C. Exterior surfaces of buildings and mobile units must be of weather-resistant materials.
Shelves.
175
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Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
A. All shelves located in refrigerators and freezers must be made of metal or plastic with surfaces
which can be easily cleaned and must be completely portable or, for a walk-in refrigerator or
freezer, have wheels attached. These shelves may not be covered with aluminum foil, metal
sheets or any other material that prevents the circulation of air within a refrigerator or freezer.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. Shelves located in dry storage areas may be made of wood which has been rendered
nonabsorbent by a paint or sealant that:
1.
Is of a light color;
2.
Can be cleaned repeatedly; and
3.
Has been approved by the Health Authority.
C. Shelves that are located in an area where food is prepared or an area where utensils are washed
must be made of metal or plastic and have surfaces that can be cleaned easily and are resistant to
corrosion.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
D. Shelves constructed of pressure treated wood products which are impregnated or otherwise
treated with chemicals to inhibit rotting or insect infestation are prohibited for use in a food
establishment.
E. Shelving in food establishment may not be covered or lined with cardboard, aluminum foil or
contact paper.
Floors, walls, and ceilings.
Except as specified under these regulations and except for anti-slip floor coverings or applications that may
be used for safety reasons, floors, floor coverings, walls, wall coverings, and ceilings must be designed,
constructed, and installed so they are smooth and easily cleanable.
Floors, walls, and ceilings, utility lines.
A. Utility service lines and pipes may not be unnecessarily exposed.
B. Exposed utility service lines and pipes must 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.
120.025
Sawdust may be used on butcher shop floors, if it is cleaned from the floor and replaced
with fresh sawdust on a daily basis. See Section “Absorbent materials on floors, limitation”
120.030
Trapped floor drains must be provided in areas where floors that are water-flushed for
cleaning, in areas that receive discharges of water or other fluid waste from equipment or in
areas where pressure spray methods for cleaning equipment are used. Such areas must be
graded to drain and be constructed only, of sealed concrete, terrazzo, ceramic tile or similar
approved materials. See Section “Floor and wall junctures, coved, and enclosed or sealed”
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Floor and wall junctures, coved, and enclosed or sealed.
A. In food establishments in which cleaning methods other than water flushing are used for cleaning
floors, the floor and wall junctures must be coved and closed to no larger than one thirty-second
inch (1 mm).
B. The floors in food establishments in which water flush cleaning methods are used must be
provided with drains and be graded to drain, and the floor and wall junctures must be coved and
sealed.
176
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Floor carpeting, restrictions and installation.
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 sinks, 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 Subsection A
of this section, it must be:
120.035
1.
Securely attached to the floor with a durable mastic, by using a stretch and tack method, or
by another method approved by the Health Authority; 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 the edges of the carpet secured by metal
stripping or some other means approved by the Health Authority.
Mats and duckboards must be of nonabsorbent, grease resistant materials and of such size,
design and construction as to facilitate their being easily cleaned. Duckboards must not be
used as floor storage racks. See Section “Floor covering, mats and duckboards”
Floor covering, mats and duckboards.
Mats and duckboards must be designed to be removable and easily cleanable.
120.040
To improve food handling operations in all new food establishments, or food
establishments undergoing remodeling, where concrete, terrazzo, ceramic tile or similar
flooring materials and water-flush cleaning methods are used, the junctures between walls
and floors must be coved and sealed. In all other cases, the juncture between walls and
floors must not present an open seam of more than 1/32 inch around coving materials. See
Section “Floors and wall junctures, coved and enclosed or sealed”
120.045
Exposed utility service lines and pipes must be installed in such a way that they do not
obstruct or prevent cleaning of the floor. To improve food handling operations in all new
food establishments, or food establishments undergoing remodeling, installation of exposed
horizontal utility lines and pipes on the floor is prohibited. In existing food establishments,
exposed utility lines or pipes are also prohibited, if they present a safety hazard. See
Section “Floors, walls, and ceilings, utility lines”
120.100
Walls and Ceilings
120.105
Walls and ceilings, including doors, windows, skylights and similar closures, must be
maintained in good repair. See Section “Repair”
120.110
The walls, including non-supporting partitions, wall coverings, ceilings or walk-in
refrigerating units, food preparation areas, equipment washing and utensil washing areas,
toilet rooms and vestibules must be light colored with a smooth, nonabsorbent finish that is
easily cleanable. Concrete or pumice blocks used for interior wall construction in these
locations must be finished smooth and sealed to provide an easily cleanable surface. See
Section “Wall and ceiling coverings and coatings”
177
Wall and ceiling coverings and coatings.
A. Wall and ceiling covering materials must be attached so that they are easily cleanable.
B. Except in dry storage areas, concrete, porous blocks, or bricks used for indoor wall construction
must be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
C. In all new food establishments, extensively remodeled food establishments or when required by
the Health Authority due to an operators inability to properly maintain smooth and easily
cleanable surfaces, the splash zones on all walls must be constructed of a water resistant material
such as FRP.
Walls and ceilings, attachments.
Attachments to walls and ceilings such as light fixtures, mechanical room ventilation system components,
vent covers, wall mounted fans, decorative items, and other attachments must be easily cleanable.
120.115
Studs, joists, rafters and like wood framing must not be exposed in walk-in refrigerating
units, food preparation areas, waitress stations, equipment washing and utensil washing
areas, toilet rooms and vestibules. If exposed in other rooms or areas, they must be finished
to provide an easily cleanable surface. See Section “Walls and ceilings, studs, joists, and
rafters”
Walls and ceilings, studs, joists, and rafters.
Studs, joists, and rafters may not be exposed in areas subject to moisture.
Light bulbs, protective shielding.
A. Except as specified in Subsection B of this section, light bulbs must 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.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
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 cannot 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.
C. An infrared or other heat lamp must be protected against breakage by a shield surrounding and
extending beyond the bulb so that only the face of the bulb is exposed.
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Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Ceilings, minimum heighth.
Formatted: Font: Bold
120.120 Ceilings cannot be less than eight (8) feet high in all areas of food establishments where food or
beverages are being prepared for sale or service and areas where food is consumed.
Formatted: Indent: Left: 0", First line: 0"
120.125
Exposed utility service lines and pipes must be installed in a way that does not obstruct or
prevent the cleaning of the walls and ceilings. Utility service lines and pipes must not be
unnecessarily exposed on walls or ceilings in walk-in refrigerating units, food preparation
areas, waitress stations, equipment washing and utensil washing areas, toilet rooms and
vestibules. See Section “Floors, walls, and ceilings, utility lines”
178
120.130
Light fixtures, vent covers, wall mounted fans, decorative materials and similar equipment
attached to walls and ceilings must be easily cleanable and maintained in good repair. See
Section “Walls and ceilings, attachments”
120.135
Covering materials for walls and ceilings, when used, must be attached and sealed to be
easily cleanable. See Section “Wall and ceilings coverings and coatings”
Heating, ventilating, air-conditioning system vents.
Heating, ventilating, and air-conditioning systems must 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.
Devices to electrocute flying insects.
A. Devices designed to electrocute flying insects are acceptable for use at a food establishment if
they are positioned so that dead insects are prevented from falling on exposed food, food-contact
surfaces, or clean equipment and utensils. The trays holding dead insects must be emptied at least
weekly.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. A device is properly positioned if the requirements of Subsection A of this section are met. Only
devices mounted on a wall may be used. Ceiling units are not acceptable in areas where food,
food-contact surfaces, equipment or utensils are exposed. Devices must be installed:
1.
So that the center of the device is not more than 3 feet (91 centimeters) above the floor.
2.
Not closer than 5 feet (1.51 meters) from exposed food.
C. The following safety factors must be considered when purchasing or installing these devices:
1.
The device must be accepted for testing, certified, listed and labeled by a nationally
recognized testing laboratory such as Underwriters Laboratories Inc.
2.
Arcing equipment must be isolated from combustible material.
3.
Electrically charged parts must be guarded to prevent shock to persons working near the
device.
4.
The device must be properly grounded.
5.
The device must be located or positioned so that employees are not required to work
continuously within 3 feet (91 centimeters) of the device.
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Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Toilet rooms, enclosed.
A. Except as otherwise provided in this section rooms with toilets must be completely enclosed and
have solid doors which must fit tightly, close automatically and remain closed except during
cleaning or maintenance. Doors from rooms with toilets must not open directly into any area used
for the preparation of food or for the washing or cleaning of equipment, utensils or tableware.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. Rooms with toilets that are not located immediately adjacent to dining room areas or not located
in areas of food preparation or washing of equipment, utensils or tableware are not required to be
completely enclosed with solid tight-fitting doors that close automatically.
Outer openings, protected.
A. Except as specified in Subsection B, C, and D of this section, outer openings of a food
establishment must be protected against the entry of insects and rodents by:
1.
Filling or closing holes and other gaps along floors, walls, and ceilings;
179
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
2.
Closed, tight-fitting windows; and
3.
Solid, self-closing, tight-fitting doors.
B. A food establishment may open into a larger structure, such as a mall, airport, or office building,
or into an attached structure, such as a porch, if the outer openings from the larger or attached
structure are protected against the entry of insects and rodents.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
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 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. If the windows or doors of a food establishment are kept open for ventilation or other purposes
the openings must be protected against the entry of insects and rodents by:
1.
16 mesh to 1 inch (16 mesh to 25.4 mm) screens;
2.
Properly designed and installed air curtains to control flying insects; or
3.
Other effective means approved by the Health Authority.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Exterior walls and roofs, protective barrier.
Perimeter walls and roofs of a food establishment must effectively protect the establishment from the
weather and the entry of insects, rodents, and other animals.
Private homes and living or sleeping quarters, prohibitions.
A. A food establishment may not be located in a private home unless:
1.
A dedicated exterior entrance has been provided;
2.
The areas used for conducting food establishment operations are physically separated from
the living or sleeping quarters by complete partitioning and solid self-closing doors; and
3.
Areas used for food establishment operations are not used as thoroughfares.
B. When a permit to operate is issued to an owner allowing operation of a food establishment from a
portion of a private residence as indicated in this section, the portion of the private home,
residence or their premises shall no longer be considered part of the private home or residence
and shall be considered a food establishment the operation of which is subject to all laws and
regulations applicable to food establishments including those requiring inspections.
C. Except as provided in Subsection D of this section, restrooms must be provided in accordance
with these regulations.
D. If every employee of the food establishment resides in the private home, the restroom located
within the private home may be used to meet the requirements of these regulations.
120.200
Cleaning Methods
120.205
Cleaning of floors and walls, except emergency cleaning, must be done during periods
when the least amount of food is exposed, such as after closing or between meals. Floors,
mats, duckboards, walls, ceilings and attached equipment and decorative materials must be
180
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.63",
Tab stops: 0.38", Left
kept clean. Only dustless methods of cleaning floors may be used. See Section “Cleaning,
frequency and restrictions” and Cleaning floors, dustless methods”
120.210
To improve food handling operations in new food establishments, or food establishments
undergoing remodeling, at least one utility sink or curbed cleaning facility with a floor
drain must be provided and used for the cleaning of mops or similar wet floor cleaning tools
and for the disposal of mop water or similar liquid wastes. The use of the lavatory sink,
equipment washing, utensil washing and food preparation sinks, and the toilets for this
purpose is prohibited. See Section “Mop sink” and “Cleaning maintenance tools,
preventing contamination”
SECTION 125
PLAN REVIEW
125.010
When a food establishment is to be constructed or extensively remodeled, or when an
existing structure is to be converted for use as a food establishment, properly prepared,
legible plans to scale, using ¼ inch per foot minimum for equipment layouts shall be
submitted to the Health Authority before any work is begun. Plans shall include
specifications for such construction including, but not limited to, layout, plumbing,
ventilation, lighting, storage areas for trash, garbage and grease, and location of restrooms.
Provided with the plans shall be a schedule of specifications of food service equipment and
fixtures, including makes and models, or cut sheets where possible. A schedule of finish
materials for construction, including floors, walls, and ceilings and fixtures including colors
shall be submitted. See Section “Plan review, when required” and “Plan review,
specifications”
125.015
Plans must include proposed menu, method of preparation, e.g., scratch, prepackaged,
combination, etc., projected volume or number of meals per day, seating capacity, and
hours of operation. See Section “Plan review, foodservice”
125.020
Plans must be reviewed and approved by the Health Authority before such work may begin.
See Section “Plan review, when required”
125.025
The Health Authority may charge fees for plan review and shall charge fees for each part of
the establishment that is to be permitted separately, i.e., restaurant, support kitchen, bar,
snackbar, etc. See Section “Plan review, fees”
125.030
Plans shall be deemed expired when construction has not been completed within eighteen
(18) months after approval of the original plan. The expiration date for plans may be
extended for an additional six (6) months by written request accompanied by an extension
fee equal to one-half the original plan review fee to the Health Authority. Plans not
reactivated must be resubmitted after their expiration date and no construction shall begin
until the resubmittal has been approved. See Section “Plan review, expiration”
181
Formatted: Centered
125.035
Stop Work Order. Whenever any work is being done contrary to the provisions of these
regulations or proceeding in a manner not in accordance with approved plans, the Health
Authority may order the work stopped by notice in writing served on any persons engaged
in doing or causing such work to be done, and any such persons shall forthwith stop such
work until authorized by the Health Authority to proceed with the work. Persons beginning
food establishment construction without prior approval may be assessed a penalty fee equal
to, and in addition to, the plan review fee. Additionally, such persons continuing
unapproved work may be subject to penalties or prosecution pursuant to NRS 446.043 and
NRS 446.945. See Section “Plan review, stop work order”
SECTION 130
LIGHTING
130.005
Permanently fixed artificial light sources must be installed to provide at least fifty (50) foot
candles of light on all food preparation surfaces and at equipment washing and utensil
washing work levels. See Section “Lighting intensity”
Formatted: Font: Not Bold
Lighting intensity.
The light intensity must be:
A. At least ten (10) foot-candles (108 lux) at a distance of 30 inches (75 cm) above the floor, in
walk-in refrigeration units and dry food storage areas and in other areas and rooms during periods
of cleaning;
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
B. At least 20 foot-candles(215 lux):
1.
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,
2.
Inside equipment such as reach-in and under-counter refrigerators; and
3.
At a distance of 30 inches(75cm) above the floor in areas used for handwashing,
warewashing, and equipment and utensil storage, areas for garbage, refuse and recyclables
and in toilet rooms; and
C. At least 50 foot-candles(540 lux) at a surface where an employee is working with food or
working with utensils or equipment such as knives, slicers, grinders, or saws where employee
safety is a factor.
130.010
Permanently fixed artificial light sources must be installed at a height of not less than thirty
(30) inches from the floor.
1.
At least twenty (20) foot candles of light in utensil and equipment storage areas,
walk-in refrigerating units, and lavatory/toilet area; and, See Section “Lighting
intensity”
2.
130.015
At least ten (10) foot candles of light in dry food storage areas, hallways, dining areas,
and in all other areas during cleaning operation. See Section “Lighting intensity”
To protect against broken glass falling onto unpackaged food, shielding must be provided
for all artificial lighting fixtures located over, by or within food storage, preparation, service
182
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
and display areas and areas where equipment and utensils are cleaned and stored. See
Section “Light bulbs, protective shielding”
130.020
Infrared and other heat lamps must be protected against breakage by a shield surrounding
and extending beyond the bulb, leaving only the face of the bulb exposed. See Section
“Light bulbs, protective shielding”
SECTION 140
VENTILATION
140.005
All rooms must have sufficient ventilation to keep them free of excessive heat, steam,
condensation, vapors, nuisance odors, smoke and fumes. Ventilation systems must be
designed, installed and operated in conformance with all applicable state and local laws and
regulations and, when vented to the outside, must be controlled so as not to create an
unsightly, harmful or unlawful discharge. See Section “Mechanical ventilation” and
“Cleaning ventilation systems, nuisance and discharge prohibition”
Mechanical ventilation.
If necessary to keep rooms free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke,
and fumes, mechanical ventilation of sufficient capacity must be provided.
140.010
Intake and exhaust air ducts must be maintained to prevent the entrance of dust, dirt and
other contaminating materials. See Section “Heating, ventilating, air conditioning system
vents” and “Cleaning ventilation systems, nuisance and discharge prohibition”
140.015
In new food establishments or establishments, undergoing remodeling to improve food
handling operations, all rooms from which nuisance odors, vapors or fumes originate must
be mechanically vented to the outside. See Section “Mechanical ventilation”
SECTION 150
DRESSING ROOMS AND LOCKER AREAS
150.010
If food handlers routinely change clothes within the food establishment, rooms or areas
must be designated and used for that purpose. These designated rooms or areas must not be
used for food preparation, storage or service, or for utensil washing or storage. See Section
“Equipment, clothes washers and dryers, and storage cabinets, contamination prevention”,
“Dressing areas and lockers” and “Using dressing rooms and lockers” and “Prohibitions”
Dressing areas and lockers.
A. Dressing rooms or dressing areas must be designated if employees routinely change their clothes
in the establishment.
B. Lockers or other suitable facilities must be provided for the orderly storage of employees'
clothing, medications and other possessions.
183
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
150.020
Sufficient lockers or other suitable facilities away from food preparation areas must be
provided and used for the orderly storage of employee clothing and other belongings.
Lockers or other suitable facilities may be located only in the designated dressing rooms or
in food storage rooms of areas containing only completely packaged food or packaged
single-service articles.
See Section “Equipment, clothes washers and dryers, and
storage cabinets, contamination prevention”, “Dressing areas and lockers”, “Employee
accommodations, designated areas” and “Using dressing rooms and lockers”
Handwashing sinks, location and placement.
A. Handwashing sinks must be easily accessible and located within 25 feet (7.62 meters) and within
line of sight of all work stations, food preparation and warewashing areas.
B. All new establishments and establishments which are extensively remodeled must also have sinks
for washing hands located within the area used for the preparation of food.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
C. Sinks for washing hands must be located in or immediately adjacent to rooms with toilets or
vestibules.
D. Sinks used for preparing food or for washing equipment or utensils may not be used for washing
hands.
E. A supply of single-use towels or a device providing heated air for drying hands must be
conveniently located near each sink for washing hands. Hand blow dryers must not be used at
handwashing sinks in food preparation or warewashing areas.
F.
Shared towels are prohibited. If disposable towels are used, trash receptacles which can be easily
cleaned must be conveniently located near the sink for washing hands.
Employee accommodations, designated areas.
A. Areas designated for employees to eat, drink, and use tobacco must be located so that food,
equipment, linens, and single-service and single-use articles are protected from contamination.
B. Lockers or other suitable facilities must be located in a designated room or area where
contamination of food, equipment, utensils, linens, and single-service and single-use articles
cannot occur.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Distressed merchandise, segregation and location.
Products that are held by the permit holder for credit, redemption, or return to the distributor, such as
damaged, spoiled, or recalled products, must be segregated and held in designated areas that are separated
from food, equipment, utensils, linens, and single-service and single-use articles.
Repair.
Physical facilities of a food establishment must be maintained in good repair.
Cleaning, frequency and restrictions.
A. Physical facilities must be cleaned as often as necessary to keep them clean.
B. Except for cleaning that is necessary because of a spill or other accident, cleaning must be done
during periods when the least amount of food is exposed such as after closing.
184
Formatted: Numbered + Level: 1 +
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Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Cleaning floors, dustless methods.
A. Except as specified in Subsection B of this section, only dustless methods of cleaning must be
used, such as wet cleaning, vacuum cleaning, mopping with treated dust mops, or sweeping using
a broom and dust-arresting compounds.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
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.
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
Cleaning ventilation systems, nuisance and discharge prohibition.
A. Intake and exhaust air ducts must be cleaned and filters changed so they are not a source of
contamination by dust, dirt, and other materials.
B. If vented to the outside, ventilation systems may not create a public health hazard.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Cleaning maintenance tools, preventing contamination.
Food preparation sinks, handwashing sinks, 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.
Drying mops.
After use, mops must be placed in a position that allows them to air-dry without soiling walls, equipment,
or supplies.
Absorbent materials on floors, limitations.
A. Except as specified in these regulations wood shavings, granular salt, baked clay, diatomaceous
earth, or similar materials may not be used on floors.
B. Only sawdust sifted through a number 10 screen with all the fine dust removed and treated with a
10 percent saline solution may be used on the floors of butcher shops. If sawdust is used in a
butcher shop:
1.
The sawdust must be changed daily or as necessary.
2.
The application or use of the sawdust must not cause the contamination of food or surfaces
that may come into contact with food. If such contamination occurs, the use of sawdust is
prohibited.
3.
The sawdust must not be tracked into walk-in refrigerators or freezers.
4.
The operator of the butcher shop shall, upon request by the Health Authority, demonstrate
that he is in compliance with the provisions of NRS 446.841.
Cleaning of plumbing fixtures.
Plumbing fixtures such as handwashing sinks, toilets, and urinals must be cleaned as often as necessary to
keep them clean and maintained.
185
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Field Code Changed
Closing toilet room doors.
Except during cleaning and maintenance operations, toilet room doors must be kept closed.
Using dressing rooms and lockers.
A. Dressing rooms must be used by employees if the employees regularly change their clothes in the
establishment.
B. Lockers or other suitable facilities must be used for the orderly storage of employee clothing and
other possessions.
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at: 0.56"
Controlling pests.
The presence of insects, rodents, and other pests must be controlled to minimize their presence on the
premises by:
A. Routinely inspecting incoming shipments of food and supplies;
B. Routinely inspecting the premises for evidence of pests and for potential entry points;
C. Using methods, if pests are found, such as trapping devices or other means of pest control as
specified in these regulations; and
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at: 0.56"
D. Eliminating harborage conditions.
Removing dead or trapped birds, insects, rodents, and other pests.
Dead or trapped birds, insects, rodents, and other pests must be removed from control devices and the
premises at a frequency that prevents their accumulation, decomposition, or the attraction of pests.
Storing maintenance tools.
Maintenance tools such as brooms, mops, vacuum cleaners, and similar items must be:
A. Stored so they do not contaminate food, equipment, utensils, linens, and single-service and
single-use articles; and
B. Stored in an orderly manner that facilitates cleaning the area used for storing the maintenance
tools.
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Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Maintaining premises, unnecessary items and litter.
The premises must be free of:
A. Items that are unnecessary to the operation or maintenance of the establishment such as
equipment that is nonfunctional or no longer used; and
B. Litter.
Animals on premises prohibited; exceptions.
A. Except as otherwise provided in this section, live animals, including birds and turtles, are not
allowed on the premises of a food establishment or on adjacent areas under the control of the
holder of the permit for the operation of the food establishment. Edible fish or decorative fish in
aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in a
186
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at: 0.56"
display tank may be present on the premises of a food establishment if food, equipment, utensils,
linens or unwrapped articles designed for a single-service or a single use are not contaminated.
B. Dogs accompanying security or police officers are permitted in offices, storage areas and dining
areas. Sentry dogs may be permitted to run loose in outside fenced areas for security reasons.
Service animals accompanying people with disabilities or trainers who are training service
animals are permitted in dining or sales areas.
C. Service animals are not allowed in shopping carts, on benches, seats or tables of a food
establishment.
D. Food handlers must not care for or handle any pets while on duty.
E. Live or dead fish bait must be stored separately from food or food products in retail stores.
F.
Therapy and comfort animals are not allowed in food establishments.
G. Nothing in this section shall be construed, or in conflict, with the Americans with Disability Act.
Ornamental attractions of water.
A. An ornamental attraction of water must be maintained in a clean condition to ensure that it is free
from algae, fungal and bacterial growth, insects and other invertebrate organisms.
B. An ornamental attraction of water must be separated from an area in which a customer walks or
sits by a partition, fence, planter, wall or other means approved by the Health Authority.
PLAN REVIEW
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Plan review; when required.
A. Except as specified in Subsection C of this section, plans and specifications shall be submitted to
the Health Authority, through the local building department, for review and approval for:
1.
The construction of a new food or food processing establishment;
2.
The conversion of an existing structure for use as a food establishment; or,
3.
Food or food processing establishments undergoing remodeling.
B. Plans must be approved by the Health Authority before such work may begin.
C. Plans not requiring review by the local building department must be submitted directly to the
Health Authority.
Plan review; specifications.
The plans and specification for a food establishment or food processing establishment must include, as
required by the Health Authority based on the type of operation, type of food preparation and foods
prepared, the following information to demonstrate conformance with the provisions of these regulations:
A. The intended menu including the method of preparation;
B. The anticipated volume of food to be stored, prepared, and sold or served;
C. The proposed layout including seating capacity, location of restrooms and for storage areas for
trash, garbage and grease;
D. Mechanical schematics including for plumbing, ventilation, and lighting;
187
E. Construction materials and finish schedules for walls, floors, ceilings, and fixtures;
F.
Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance
capacities and installation specification;
G. Evidence that standard procedures which ensure compliance with the requirements of these
regulations are developed or are being developed; and
H. Any other information that may be required by the Health Authority for the proper review of the
proposed construction, conversion or modification, and procedures for operating a food or food
processing establishment.
Plan review; food processing establishment.
Plans for food processing establishments must be accompanied by a detailed description of the operation
and any other documentation required by the Health Authority, including:
A. A HACCP plan as required in these regulations.
B. Any label for packaging which has been proposed for a food product. Such a label must be
reviewed and approved by the Health Authority and any fees required must be paid before the
label may be used.
Plan review; on-site corrections.
The Health Authority may approve on-site modifications to approved plans or require corrections of
construction deficiencies or omissions when necessary to ensure compliance with applicable codes and
regulations.
Plan review; fees.
The Health Authority may charge fees for:
A. Plan review;
B. Any inspections associated with the building of the food establishment; and
C. An extension of the expiration date for plans that have expired as a result of construction not
being completed within 18 months after approval of the original plan. The extension fee will be
equal to one-half (1/2) the original Health Authority plan review fee.
Plan review, expiration.
Plans shall be deemed expired when construction has not been completed within 18 months after approval
of the original plan. The expiration date for plans may be extended for an additional six (6) months by
written request accompanied by the applicable extension fee. Plans not reactivated must be resubmitted
after their expiration date and no construction shall begin until the resubmittal has been approved.
Plan review, stop work order.
Whenever any work is being done contrary to the provisions of these regulations or proceeding in a manner
not in accordance with approved plans, the Health Authority may order the work stopped by written notice
served on any persons engaged in doing or causing such work to be done, and any such persons shall
immediately stop such work until authorized by the Health Authority to proceed with the work. Persons
beginning food establishment construction without prior approval may be assessed a penalty fee equal to,
and in addition to, the plan review fee. Additionally, such persons continuing unapproved work may be
subject to penalties or prosecution pursuant to NRS 446.043 and NRS 446.945.
188
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SECTION 160
OTHER OPERATIONS
060.010
160.015
160.020
POISONOUS OR TOXIC MATERIALS
Only those poisonous or toxic materials necessary for maintaining the establishment,
cleaning and sanitizing equipment and utensils and controlling insects and rodents may be
present in any food establishment. See Section “Storing maintenance tools” and
“Restriction”
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Poisonous or toxic materials must be kept in their original containers and must be
prominently and distinctly labeled according to applicable federal and state laws and
regulations. See Section “Identifying information, prominence”
Identifying information, prominence.
Containers of poisonous or toxic materials and personal care items must bear a legible manufacturer's label.
Common name.
Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from
bulk supplies must be clearly and individually identified with the common name of the material.
160.026
Poisonous or toxic materials must be stored and physically separated by category. All
poisonous or toxic materials must be stored in cabinets or in a similar physically separate
place used for no other purpose. To prevent contamination of foods, poisonous or toxic
materials must not be stored above food, food equipment, utensils or single-service articles,
except that this requirement does not prohibit the placement and use of detergents or
sanitizers at utensil or dishwashing stations. See Section “Separation”
Separation.
Poisonous or toxic materials must 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; and
B. 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 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 contamination of food, equipment, utensils, linens, and singleservice and single-use articles.
Restriction.
189
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at: 0.56"
Only those poisonous or toxic materials that are required for the operation and maintenance of a food
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 establishment. This does not apply to packaged poisonous or toxic
materials that are for retail sale.
160.030
Bactericides, cleaning compounds and other compounds intended for use on food contact
surface must not be used in a way that leaves a toxic residue on such surfaces or that
constitutes a hazard to food handlers or patrons. See Section “Conditions of use”
Conditions of use.
A. Poisonous or toxic materials must be:
1.
Used according to:
a)
Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's
label instructions that state that use is allowed in a food establishment; and
b) The conditions of certification, if certification is required, for use of the pest control
materials; and,
2.
Applied so that:
a)
A hazard to employees or other persons is not constituted, and
b) Contamination including toxic residues because of drip, drain, fog, splash or spray on
food, equipment, utensils, linens, and single-service and single-use articles is prevented,
and for a restricted-use pesticide, this is achieved by:
1) Removing the items,
2) Covering the items with impermeable covers, or
3) Taking other appropriate preventive actions, and
4) Cleaning and sanitizing equipment and utensils after the application.
B. A restricted-use pesticide must be applied only by a person licensed in the State of Nevada.
160.035
Poisonous or toxic materials must not be used in a way that contaminates food, equipment
or utensils in a way that constitutes a hazard to food handlers or patrons or in any other way
than in full compliance with the manufacturer’s labeling. See Section “Conditions of use”
Poisonous or toxic material containers.
A container previously used to store poisonous or toxic materials may not be used to store, transport, or
dispense food.
Chemical sanitizers, criteria.
Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces must be approved
and used in accordance with manufacturer’s instructions as listed on the product label.
Chemicals for washing fruits and vegetables, criteria.
Chemicals used to wash or peel raw, whole fruits and vegetables must be used in accordance with
manufacturer’s instructions as listed on the product label and be approved by the Health Authority.
190
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Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.56" + Indent
at: 0.81"
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Numbering Style: a, b, c, … + Start at: 1 +
Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
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at: 0.81"
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Alignment: Left + Aligned at: 0.81" + Indent
at: 1.06"
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Level: 5 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 2.31" +
Indent at: 2.56", Tab stops: 1.06", Left
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Level: 5 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 2.31" +
Indent at: 2.56"
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Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Boiler water additives, criteria.
Chemicals used as boiler water additives must meet the requirements specified in 21 CFR 173.310 Boiler
water additives.
Drying agents, criteria.
Drying agents used in conjunction with sanitization must be used in accordance with manufacturer’s
instructions as listed on the product label and be approved by the Health Authority.
Lubricants for equipment, incidental food contact lubricants.
Lubricant must meet the requirement 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.
Rodent bait stations.
Rodent bait must be contained in a covered, tamper-resistant bait station.
Tracking powders, pest control and monitoring.
A. Except as specified in Subsection B of this section, a tracking powder pesticide may not be used
in a food establishment.
B. If used, a nontoxic tracking powder such as talcum or flour must not contaminate food,
equipment, utensils, linens, and single-service and single-use articles.
160.040
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at: 0.56"
Personal medications must not be stored in food storage, preparation or service areas. See
Section “Restriction and storage”
Restriction and storage.
A. Except for medicines that are stored or displayed for retail sale, only those medicines that are
necessary for the health of employees must be allowed in a food establishment.
B. Medicines that are in a food establishment for the employees' use must be labeled, as specified
under these regulations and located to prevent the contamination of food, equipment, utensils,
linens, and single-service and single-use articles.
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at: 0.56"
Refrigerated medicines, storage.
Medicines belonging to employees or to children in a child care center that require refrigeration and are
stored in a food refrigerator must be:
A
Stored in a package or container and kept inside a covered, leak-proof container that is identified
as a container for the storage of medicines; and
B
Located so they are inaccessible to children.
191
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Level: 5 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 2.25" +
Indent at: 2.5"
160.045
First-aid supplies must be stored in a way that prevents them from contaminating food and
food contact surfaces. See Section “First aid supplies and personal care items, storage”
First aid supplies, storage.
First aid supplies that are in a food establishment for the employees' use must be:
A. Labeled as specified in these regulations; and
B. Stored in a kit or a container that is located to prevent the contamination of food, equipment,
utensils, and linens, and single-service and single-use articles.
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at: 0.56"
Personal care items, storage.
Except as specified in these regulations for the storage of refrigerated medicines and first aid supplies,
employees must store their personal care items in lockers or other suitable facilities as specified in these
regulations.
160.100
Premises
160.105
Food establishments and surrounding grounds must be kept free of litter. See Section
“Maintaining premises, unnecessary items and litter”
160.110
The walking and driving surfaces of all exterior areas of food service establishments must
be surfaced with concrete, asphalt, gravel, or other material effectively treated to facilitate
maintenance and act as a dust palliative. These surfaces must be graded to prevent pooling
of storm or other runoff water and must be kept free of litter. See Section “Outdoor surface
characteristics”
160.115
Only articles necessary for the operation and maintenance of the food service establishment
may be stored on the premises. See Section “Maintaining premises, unnecessary items and
litter”
160.120
Foot traffic of unauthorized persons through the food preparation and utensil washing areas
is prohibited. See Section “Person in charge”(B)
160.125
No operation of a food establishment may be conducted in any room used as living or
sleeping quarters. Food service operations must be separated from living or sleeping
quarters by complete partitioning and impervious, self-closing doors. See Section “Private
homes and living or sleeping quarters, prohibitions”
160.130
Laundering in food establishment must be restricted to the washing and drying of linens,
cloths, uniforms and aprons necessary to the operation. If such items are laundered on the
premises, an electric or gas dryer must be provided and used.
See Section “Clothes
washers and dryers” and “Use of laundry facilities”
160.135
Separate rooms must be provided for laundry facilities except that such operations may be
conducted in storage rooms containing only packaged food or packaged single-service
articles. See Section “Equipment, clothes washers and dryers, and storage cabinets,
contamination prevention”
160.140
Clean clothes and linens must be stored in a clean place and protected from contamination
until used. See Section “Equipment, utensils, linens, and single-service and single-use
articles”
192
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160.145
Soiled clothes and linens must be stored in nonabsorbent containers or washable laundry
bags until removed for laundering. See Section “Storage of soiled linens”
160.150
Maintenance and cleaning tools, such a brooms, mops, vacuum cleaners and similar
equipment, shall be maintained and stored in a way that does not contaminate food, utensils
and equipment or linens and must be stored in an orderly manner facilitating the cleaning of
that storage location. See Section “Storing maintenance tools”
160.155
Live animals are prohibited within food establishments. This exclusion does not apply to
edible fish, crustaceans, shellfish, fish in aquariums, dogs used by peace officers in the
performance of their official duties and dogs used as aids by the visually or aurally
handicapped. See Section “Animals on premises prohibited, exceptions”
Separation.
Poisonous or toxic materials must 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; and
B. Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils,
linens and single-service of single-use articles.
HACCP AND OPERATIONAL PLANS
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When a HACCP plan is required.
A. Before engaging in an activity that requires a HACCP plan, a permit applicant or permit holder
must submit to the Health Authority for approval a properly prepared HACCP plan as specified
in these regulations if:
1.
Submission of a HACCP plan is required;
2.
A variance is required as specified in these regulations; or
3.
The Health Authority determines that a food preparation or processing method requires a
variance based on a plan submittal specified in these regulations, an inspectional finding, or
a variance requirement.
B. A permit applicant or permit holder must have a properly prepared HACCP plan when packaging
potentially hazardous food (time/temperature control for safety food) using a reduced oxygen
packaging method without a variance.
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at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
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0.25", Numbered + Level: 3 + Numbering
Style: 1, 2, 3, … + Start at: 1 + Alignment:
Left + Aligned at: 1.38" + Indent at: 1.5"
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Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Font: Not Bold
Plan for analyzing the hazards of critical control points.
Permit applicants or permit holders of food establishments or food processing establishments required to
provide a HACCP plan to the Health Authority for approval must include in the plan:
A. A categorization of the types of potentially hazardous foods (time/temperature control for safety
food) that are specified in the menu, such as soups and sauces, salads and bulk, solid foods, such
as meat roasts, and other foods that are specified by the Health Authority.
B. A diagram that identifies critical control points for specific foods or categories of food and
provides:
1.
The ingredients, materials and equipment used in the preparation of each food or category of
food; and
193
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at: 1 + Alignment: Left + Aligned at: 0.63" +
Indent at: 0.88"
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Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.81" +
Indent at: 1.06"
2.
The procedures to ensure that each food or category of food is prepared safely.
C. A training plan for food handlers and supervisors that addresses issues of safety in the
preparation of food.
D. A statement of standard operating procedures that identifies:
1.
Each critical control point.
2.
Limits for each critical control point.
3.
The method and frequency for monitoring and controlling each critical control point by the
employee designated by the person-in-charge.
4.
The method and frequency for the person-in-sharge to verify routinely that an employee is
following standard operating procedures and monitoring critical control points.
5.
Actions to be taken by the person-in-charge if the limits for each critical control point are not
met.
6.
The records required to be maintained by the person-in-charge to demonstrate that the plan
for analyzing the hazards of critical control points is properly operated and managed.
E. Additional scientific data or other information, as required by the Health Authority, supporting
the determination that the safety of the food served will be ensured.
Food operations requiring approved HACCP plan.
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at: 1 + Alignment: Left + Aligned at: 0.63" +
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Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.81" +
Indent at: 1.06"
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at: 1 + Alignment: Left + Aligned at: 0.63" +
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Formatted: Space After: 6 pt
The food operations indicated in Subsections A through E of this section must not be conducted in any
establishment unless they are conducted in accordance with an approved HACCP plan.
A. Smoking food as a method of food preservation rather than as a method of flavor enhancement;
B. Curing food;
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6 pt
C. Using food additives or adding components such as vinegar as a method of food preservation
rather than as a method of flavor enhancement or, to render a food so that it is not potentially
hazardous;
D. Packaging food using a reduced oxygen packaging method;
E. Operating a molluscan shellfish life-support system display tank to store and display shellfish
that are offered for human consumption.
Conducting food processing operations without an approved HACCP plan prohibited.
Formatted: Space After: 6 pt
Except as indicated in these regulations, no person shall conduct food processing operations in any
establishment unless the operations are conducted in accordance with an approved HACCP plan.
Formatted: Space After: 6 pt
HACCP plan exemption.
The Health Authority may exempt a food processor from the requirement to operate with an approved
HACCP plan if:
A. The end food product of the process is demonstrated to be non-potentially hazardous; and
B. The introduction of a chemical or physical adulterant into the food during its processing is
considered improbable.
Operational plans, when required.
194
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6 pt
The Health Authority may require a permit holder to submit an operational plan to protect against health
hazards.
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Operational plans, not transferable.
Operational plans are not transferable from permit holder to permit holder and are conditional. The
practices or procedures to be listed in the plan are operation dependent and shall be approved by the Health
Authority on a case-by-case basis.
BARBECUES
Formatted: Centered
Barbecue, applicable requirements.
Barbecues must comply with all applicable requirements of these regulations. When facilities or equipment
are inadequate to protect the public health, the Health Authority may impose operational and/or menu
restrictions on a barbecue to protect against potential health hazards.
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Barbecue, operational plan required.
An operational plan must be submitted to, and approved by, the Health Authority before a food
establishment may construct or operate a barbecue. The plan must include the equipment to be used in the
construction or operation of the barbecue and describe the facility for, and the operation of, the barbecue.
Barbecue, construction of equipment, operation, location, cleaning.
A. All equipment used in the construction or operation of a barbecue must be nontoxic, easy to clean
and kept in good repair.
B. A barbecue must be located on the property where the food establishment is located and it must
not be more than 50 feet (15.24 meters) from the structure housing the food establishment.
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C. The site where the barbecue is located must be drained properly to ensure that water will not
pool, collect or cause a nuisance. The walking surfaces within 25 feet (7.63 meters) of the
barbecue must be kept clean and free of organic materials, such as bark and pine needles.
D. The area underlying a barbecue must be a hard, cleanable surface.
E. Wood chips, bark or other organic materials used for smoking and flavoring in the cooking
process must be stored at the barbecue in a manner which will not lead to the contamination of
the wood chips, bark or other organic materials or food.
F.
The barbecue must be located in an open area where there are no overhanging trees, wires or
other impediments above the barbecue.
G. In the area surrounding a barbecue, dust must be minimized by using:
1.
A device to block wind; or
2.
A type of ground cover that has been approved by the Health Authority.
H. A fixed or permanent barbecue may not be located in a parking lot.
I.
A barbecue must be kept clean and free from food, debris, grease, soot, ashes and soil by
brushing or otherwise cleaning it before each use or as necessary.
J.
A handwashing station approved by the Health Authority must be readily accessible within 10
feet (3.04 meters) of the barbecue equipment.
195
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Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Barbecue, protection from contamination, construction and maintenance of surfaces.
A. The operator of a food establishment shall make reasonable efforts to ensure that insects, rodents
and other sources of contamination do not affect a barbecue or its operations.
B. A barbecue may not be used during a dust storm, flood, infestation of insects or vermin or under
any other circumstances where the protection of food cannot be ensured.
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at: 0.56"
C. Surfaces which may come into contact with food, utensils and equipment used in the operation of
a barbecue must be made of nontoxic materials and constructed and maintained in such a manner
that they are easy to clean and keep in good repair.
D. Cooking equipment constructed of materials not originally designed for cooking, e.g. 55-gallon
drums, is prohibited.
Barbecue, preparation and service of food, attendance by employee required, presence of customers
within certain distances prohibited.
A. Any methods for preparing food and the kinds of food to be cooked at a barbecue must be
approved by the Health Authority.
B. All food cooked at a barbecue must be protected from contamination by keeping it at an
appropriate temperature or by covering it properly.
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at: 0.56"
C. The preparation of food must be completed in the food establishment before the food is
transported to the barbecue.
D. All food at a barbecue must be cooked immediately and
1.
Served directly to the customer; or
2.
Transported to a proper area for hot holding, storage, preparation, packaging and sale.
E. A barbecue must be attended by an employee of the food establishment at all times it is in
operation and may only be operated by an employee of the establishment.
F.
Customers of the food establishment must be separated from the barbecue by a distance of not
less than 5 feet (1.52 meters) by partitions, planters, walls or similar means.
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at: 0.56"
Barbecue, approval of location, factors for consideration.
The Health Authority shall consider whether to approve the location of a barbecue based on factors,
including, but not limited to:
A. The weather;
B. Existing or potential sources of contamination;
C. The ability of the facility to protect food; and
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D. The presence of insects and vermin.
Barbecue, compliance and enforcement.
Operators of barbecues are subject to enforcement actions as outlined in these regulations and NRS 446.
BED AND BREAKFAST FACILITIES
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Bed and breakfast, applicable requirements.
A. A bed and breakfast facility which exceeds the capacity of 10 persons must comply with the
provisions of these regulations which are applicable to its operation;
B. If a bed and breakfast facility has a capacity that does not exceed 10 persons and has a kitchen
that does not fully comply with the provisions of NRS 446 and these regulations, the Health
Authority may impose additional requirements or restrictions related to its operation including:
1.
Limiting the amount of food preparation or procedures;
2.
Prohibiting some food items; or,
3.
Requiring HACCP or operational plans for some food items.
Bed and breakfast, preparation and service of food.
A. No home canned, low-acid foods may be served.
B. All food must be prepared fresh with no foods held over to another day.
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Bed and breakfast, equipment.
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Equipment in a bed and breakfast facility must be located and installed in a way that prevents
contamination of food and facilitates cleaning. Equipment designed for use in a private home, such as
cooking units, refrigerators, warewashers, cabinets, hoods and utensils are approved if they are effective, do
not cause a health problem for the public and are in good repair.
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Bed and breakfast, compliance and enforcement.
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Operators of bed and breakfast facilities are subject to enforcement actions outlined in these regulations and
NRS 446.
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CHILD CARE FACILITIES
Child care facilities, exemption from provisions of NRS 446.
The following food establishments at child care facilities are exempt from the provisions of the Nevada
Revised Statute (NRS), Chapter 446 when limiting the food they serve to the following:
A. Food provided at either a family child care home or a group child care home provided they do not
serve any of the following foods to children in a ready-to-eat form:
1.
Raw animal food such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak
tartare.
2.
A partially cooked animal food such as lightly cooked fish, rare meat, and soft-cooked eggs
that are made from raw eggs, and meringue.
3.
Raw seed sprouts.
4.
Raw or unpasteurized milk and raw or unpasteurized milk products.
5.
Honey to children under one (1) year old.
6.
Raw and undercooked eggs. Pasteurized 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.
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B. Food provided by the child care facility that is commercially prepackaged non-potentially
hazardous food (time/temperature control for safety food), provided:
1.
The food is in a single-serving package;
2.
The food package is opened immediately before use;
3.
Each packaged food item is only consumed by one (1) individual;
4.
Any leftover food in an opened package must be immediately discarded; and,
5.
Any single-service utensil must be immediately discarded after use or, if the utensil is a
multi-use utensil, it must be brought from the child’s home and used only for that individual
child and sent back home on the same day.
C. Food brought into the child care facility by the child, the child’s parent or the child’s guardian
provided:
1.
The food is for the exclusive use of that child;
2.
Potentially hazardous foods (time/temperature control for safety food) must be refrigerated
and all food must be protected against contamination;
3.
There is no adding ingredients, mixing, assembling, hot holding, thawing, cooking or
warming (except for microwaving the food in its original container) at the child care facility;
4.
The food container, package or wrapping is only opened immediately prior to consumption;
5.
The bag or other container holding the food must be labeled with the child’s first and last
name so caregivers know at all times who the food belongs to;
6.
Once potentially hazardous food (time/temperature control for safety food) is taken out of
refrigeration for consumption, the potentially hazardous leftovers must not be re-served to
the child at a later date; and,
7.
Any utensils brought with the meal are either discarded or removed from the institution on
the same day the utensils were brought into the child care facility.
D. Formula for infants either prepared and/or furnished by the parents or by the child care facility.
E. Baked goods, prepared at the home of a child enrolled in the child care facility and brought into
the child care facility by the parent or guardian, which are to be consumed by the children at the
child care facility provided.
1.
The foods are baked non-potentially hazardous foods (time/temperature control for safety
food), such as brownies, cookies, and cakes (containing non-potentially hazardous fillings
and frostings);
2.
The baked goods are prepared for a special occasion, such as a birthday or holiday;
3.
The parents and legal guardians of the children enrolled in the child care facility are
informed that the baked goods for this special occasion are prepared in a kitchen that is not
subject to regulation and inspection by the Health Authority; and,
4.
The parents and legal guardians are given the option of not having their child consume these
baked goods.
Child care facilities, exemptions from construction and equipment standards.
Food establishments at child care facilities are exempt from the construction and equipment standards
contained in these regulations provided the food does not constitute a potential or actual hazard to the
public health. The food does not constitute an actual or potential hazard to public health when all of the
following requirements are met:
198
A. There must be a dedicated kitchen area that is completely separate from the diaper changing and
restroom areas, with a barrier provided that it is sufficient to restrict children from entering the
food preparation area unattended.
B. A handwashing sink used exclusively for handwashing is accessible and located in the kitchen
area.
C. Any janitorial or mop sink shall not be used as a handwashing sink, food preparation sink, or
utensil washing sink and shall either be located out of the kitchen area or shielded in such a
manner to prevent contamination of any open food zones, such as a food preparation table or
utensil washing station.
D. A mechanical refrigeration unit is available for potentially hazardous foods (time/temperature
control for safety food), which is capable of holding potentially hazardous food
(time/temperature control for safety food) at or below 41°F (5°C).
E. All equipment, walls, and floors must be smooth, easily cleanable and in good repair.
F.
The child care facility provides a written menu of the food items it serves.
G. The child care facility limits its menu to the following:
1.
Potentially hazardous food (time/temperature control for safety food) that is commercially
prepared and precooked, or pasteurized.
2.
Whole fruits and vegetables.
3.
Cut, or sliced fruits and vegetables, except for melons, leafy greens and tomatoes.
4.
Baked, non-potentially hazardous foods(time/temperature control for safety food), such as
brownies, cookies, and cakes (containing non-potentially hazardous fillings and frostings).
5.
Nuts.
6.
Dry grain products, including bread, crackers and dry cereals.
7.
Oatmeal and cream of wheat cooked for immediate service.
8.
Milk added to dry cereals.
9.
Non-potentially hazardous snack foods and juices.
10. Sandwiches made from either non-potentially hazardous food products or from potentially
hazardous food (time/temperature control for safety food) that is commercially prepared and
precooked, or pasteurized.
11. Powdered mixes, which are non-potentially hazardous when added to water.
12. Other food items, which are prepared as part of a food teaching project provided:
a)
A Certified Food Protection Manager is present at all times the food teaching project is
occurring; and,
b) The teaching project includes a written operational plan, which incorporates hygiene,
temperature, sanitizing, cross-contamination and chemical storage requirements.
H. Any assembling or warming of potentially hazardous food (time/temperature control for safety
food) that is commercially prepared and precooked, or pasteurized, must be completed within
four (4) hours of serving.
I.
Except for cooking oatmeal and cream of wheat cereal, cooking foods, such as raw meat, raw
poultry, raw fish, raw vegetables, and raw grain products, is prohibited.
J.
Cooling down potentially hazardous food (time/temperature control for safety food) items for
storage and later service is prohibited.
199
K. A child care facility that elects to use reusable utensils must either comply with the food
equipment construction and equipment standards for washing, rinsing, and sanitizing these
reusable utensils or use one (1) of the following methods:
1.
Mechanical Washing. The mechanical washing of utensils, when using equipment that does
not comply with the food establishment construction standards, must be done as follows:
a)
The utensils are placed in a household dishwashing machine, located in a dedicated
kitchen area, that has a sanitizing wash or rinse cycle and a thermostat that senses a
temperature of 150°F (66°C) or higher before the machine advances to the next step in
its cycle;
b) The manufacturer’s instructions for use are followed;
c)
A garbage receptacle shall be present for the scraping of food debris into;
d) Dishwashers must have an air gap fitting; and,
e)
2.
All reusable utensils must be completely washed, rinsed and sanitized after each use and
before the end of the day.
Manual Washing. Manual washing, when using equipment that does not comply with the
food establishment construction standards must be accomplished as follows:
a)
A garbage receptacle shall be present for the scraping of food debris into.
b) Hot and cold potable running water is available from a sink in the kitchen area, other
than a handwashing sink, janitorial sink, or mop sink;
c)
Three (3) easily cleanable containers and/or sinks, made of food grade plastic, stainless
steel, porcelain, or other material approved by the Health Authority, of a size that can
completely immerse the largest reusable utensils, are available;
d) These containers and/or sinks must be located adjacent to each other in a dedicated
kitchen area;
e)
There is sufficient room, adjacent to these three (3) containers and/or sinks, to allow
proper handling of soiled utensils and sufficient room for washed utensils to be drained
and air-dried;
f)
All utensils must be washed, rinsed, sanitized and air-dried, after each use and before
the end of the day; and,
g) All containers and sinks used must be washed, rinsed, and sanitized prior to use.
3.
Combination of Mechanical Washing and Manual Sanitizing. A household dishwasher may
be used for the washing and rinsing of utensils, followed by a sanitization rinse in either a
separate sink or container, under the following conditions:
a)
The utensils are placed in a household dishwashing machine located in a dedicated
kitchen area;
b) The manufacturer’s instructions for use are followed;
c)
A garbage receptacle shall be present for the scraping of food debris into;
d) The dishwasher must have an air gap fitting;
e)
Hot and cold potable running water is available from a sink other than a handwashing
sink, janitorial sink or mop sink, which is made of stainless steel, porcelain, plastic or
other material approved by the Health Authority;
f)
The sink is in the dedicated kitchen area;
200
g) Either this sink or a container, made of food grade plastic or other material approved by
the Health Authority, must be of a size that can completely immerse the largest reusable
utensils is used for the sanitization rinse;
h) The sanitization rinse must occur in the dedicated kitchen area;
i)
There is sufficient room, adjacent to the sink or container, for utensils to be drained and
air-dried after the sanitization rinse;
j)
All reusable utensils must be washed, rinsed, sanitized and air-dried, after each use and
before the end of the day; and,
k) The container or sink used must be washed, rinsed, and sanitized prior to use.
COTTAGE FOOD OPERATIONS
Formatted: Centered
Cottage food operation, exempt from definition of “food establishment”.
A. A cottage food operation which manufactures or prepares a food item by any manner or means
whatever for sale, or which offers or displays a food item for sale, is not a “food establishment”
pursuant to NRS 446 if each such food item is:
1.
Sold on the private property of the natural person who manufactures or prepares the food
item or at a location where the natural person who manufactures or prepares the food item
sells the food item directly to a consumer, including, without limitation, a farmers’ market
licensed pursuant to NRS 244 or 268, flea market, swap meet, church bizarre, garage sale or
craft fair, by means of an in-person transaction that does not involve selling the food item by
telephone or via the Internet;
2.
Sold to a natural person for his or her consumption and not for resale;
3.
Affixed with a label which complies with the Federal labeling requirements set forth in 21
U.S.C. § 343(w) and 9 C.F.R. Part 317 and 21 C.F.R. Part 101;
4.
Labeled with “MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT
TO GOVERNMENT FOOD SAFETY INSPECTION” printed prominently on the label for
the food item;
5.
Prepackaged in a manner that protects the food item from contamination during transport,
display, sale and acquisition by consumers; and
6.
Prepared and processed in the kitchen of the private home of the natural person who
manufactures or prepares the food item or, if allowed by the Health Authority, in the kitchen
of a fraternal or social clubhouse, a school or a religious, charitable or other nonprofit
organization.
B. No local zoning board, planning commission or governing body of an unincorporated town,
incorporated city or county may adopt any ordinance or other regulation that prohibits a natural
person from preparing food in a cottage food operation.
C. Each natural person who wishes to conduct a cottage food operation must, before selling any
food item, register the cottage food operation with the Health Authority by submitting such
information as the Health Authority deems appropriate, including, without limitation:
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1, 2, 3, … + Start at: 1 + Alignment: Left +
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space between Latin and Asian text, Adjust
space between Asian text and numbers
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at: 1 + Alignment: Left + Aligned at: 0.5" +
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1.
The name, address and contact information of the natural person conducting the cottage food
operations; and
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at: 1 + Alignment: Left + Aligned at: 0.25" +
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2.
If the cottage food operation sells food items under a name other than the name of the natural
person who conducts the cottage food operation, the name under which the cottage food
operation sells food items.
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D. The Health Authority may charge a fee for the registration of a cottage food operation pursuant to
Subsection C of this section in an amount not to exceed the actual cost of the Health Authority to
establish and maintain a registry of cottage food operations.
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E. The Health Authority may inspect a cottage food operation only to investigate a food item that
may be deemed to be adulterated pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak
or suspected outbreak of illness known or suspected to be caused by a contaminated food item.
The cottage food operation shall cooperate with the Health Authority in any such inspection. If, as
a result of such an inspection, the Health Authority determines that the cottage food operation has
produced an adulterated food item or was the source of an outbreak of illness caused by a
contaminated food item, the Health Authority may charge and collect from the cottage food
operation a fee in an amount that does not exceed the actual cost of the Health Authority to
conduct the investigation.
F.
As used in this section:
1.
“Cottage food operation” means a natural person who manufactures or prepares food items in
his or her private home or, if allowed by the Health Authority, in the kitchen of a fraternal or
social clubhouse, a school or a religious, charitable or other nonprofit organization, for sale to
a natural person for consumption and whose gross sales of such food items are not more than
$35,000 per calendar year.
2.
“Food item” means:
a) Nuts and nut mixes;
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b) Candies;
c) Jams, jellies and preserves;
d) Vinegar and flavored vinegar;
e) Dry herbs and seasoning mixes;
f) Dried fruits;
g) Cereals, trail mixes and granola;
h) Popcorn and popcorn balls; or
i) Baked goods that:
1) Are not potentially hazardous foods;
2) Do not contain cream, uncooked eggs, custard, meringue or cream cheese frosting or
garnishes; and
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1.25"
3) Do not require time or temperature controls for food safety.
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FARM-TO-FORK EVENTS
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Formatted: Centered
Farm-to-fork events, exempt from definition of “food establishment”.
A.
Except as otherwise provided in Subsection C of this section, a farm is not a “food
establishment” for purposes of holding a farm-to-fork event provided that:
1.
2.
Any poultry and meat from a rabbit that is served at the farm-to-fork event is raised and
prepared on the farm and is butchered and processed on the farm pursuant to the
requirements of NRS 583; and
Any other food item that is served at the farm-to-fork event, including, without limitation,
salads, side dishes and desserts, are prepared on the farm from ingredients that are
substantially produced on the farm.
202
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at: 0.81"
B. A farm which holds a farm-to-fork event shall, before a guest consumes any food, provide each
guest with a notice which states that no inspection was conducted by a state or local health
department of the farm or the food to be consumed, except as otherwise provided in Subsection A
of this section.
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at: 0.5"
C. A farm which holds more than two (2) events in any month that would otherwise qualify as farmto-fork events becomes a food establishment for the remainder of that calendar year subject to all
of the requirements of these regulations.
Formatted: Font: Bold
Farm-to-fork events, registration required.
A.
A farm that wishes to hold farm-to-fork events must register with the Health Authority by
submitting such information as the Health Authority deems appropriate, including, without
limitation:
1.
The name, address and contact information of the owner of the farm;
2.
The name under which the farm operates; and
3.
The address of the farm.
B. The Health Authority may charge a fee for the registration of a farm pursuant to this section in an
amount not to exceed the actual cost of the Health Authority to establish and maintain a registry of
farms holding farm-to-fork events.
C. The Health Authority shall not inspect a farm that holds a farm-to-fork even, except as otherwise
provided in these regulations and except that the Health Authority may inspect a farm following a
farm-to-fork event to investigate a food item that may be deemed to be adulterated pursuant to
NRS 585.300 to 585.360, inclusive, or an outbreak or suspected outbreak of illness known or
suspected to be caused by a contaminated food item served at the farm-to-fork event. A farm shall
cooperate with the Health Authority in any such inspection.
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D. If, as a result of an inspection conducted pursuant to Subsection C of this section, the Health
Authority determines that the farm has produced an adulterated food item or was the source of an
outbreak of illness caused by a contaminated food item, the Health Authority may charge and
collect from the farm a fee in an amount not to exceed the actual cost of the Health Authority to
conduct the investigation.
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FARMERS’ MARKETS
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line: 0"
Farmers’ markets, applicable requirements.
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Farmers’ markets must comply with all applicable requirements of these regulations. When facilities or
equipment are inadequate to protect the public health, the Health Authority may impose operational and/or
menu restrictions on a Farmers’ market to protect against potential health hazards.
Formatted: Font: Bold
Farmers’ markets, permit required.
Formatted: Font: Bold
A.
Except as otherwise provided in Subsection B in this section, it is unlawful for any person to
operate a produce stand or sell farm products in conjunction with a farmers’ market unless he
possesses a valid health permit issued to him by the Health Authority.
B.
The Health Authority may exempt from the permitting requirement any person operating a
produce stand in conjunction with a farmers’ market, provided no produce samples are given or
sold to consumers.
203
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Farmers’ markets, produce stand permit, responsibility of the licensee.
Formatted: Font: Bold
The person, firm, association or corporation licensed by the county commission, city council or other
governing body of any incorporated city in Washoe County to establish a farmers’ market shall ensure that
anyone operating a produce stand within the farmers’ market has a valid health permit.
Farmers’ markets, produce stand, fee payment required, late fee.
Formatted: Font: Bold
A permit application to operate a produce stand affiliated with a farmers’ market or sell farm products at a
farmers’ market must be accompanied by payment of a fee in accordance with the fee schedule adopted by
the Board of Health. A late fee will be assessed if the application and payment is not received a minimum
of seven (7) days prior to beginning operations.
Farmers’ markets, produce and farm products, issuance of an annual permit.
A.
Any person desiring to operate a produce stand or sell farm products in conjunction with a
farmers’ market must comply with the requirements of NRS 446.875. Upon compliance and after
payment of a fee in accordance with the fee schedule adopted by the Board of Health, an annual
permit, for sampling and/or sale will be issued. The permit can be renewed annually, provided
the renewal fee is paid prior to the expiration date of the existing permit and provided the permit
has not been previously suspended or revoked for sanitation violations.
B.
Once issued, the permit is valid throughout Washoe County, provided notification is sent to the
Health Authority, at least 14 days prior to operating at the locations where sampling is to be
conducted. Notification must be done on forms provided by the Health Authority.
C.
Sampling is restricted to produce or farm products as approved by the Health Authority. Only
vendors affiliated with a farmers’ market are eligible for this permit.
D.
The Health Authority may restrict the sampling and/or sale of food items based on inspection
findings or an unacceptable risk to public health.
Farmers’ market, operation at a temporary food event.
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Formatted: Indent: Left: 0.25", Hanging:
0.31", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.5"
Formatted: Font: Bold
Temporary food events may operate a farmers’ market under the temporary food establishment provisions
of these regulations provided that:
A.
A permit to operate the temporary food establishment has been obtained; and,
B.
The temporary food establishment does not operate the same farmers’ market in the same
location more than 14 calendar days per year.
Formatted: Indent: Left: 0.25", Hanging:
0.31", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.5"
Formatted: Indent: Left: 0", First line: 0"
Farmers’ markets, approved source.
Formatted: Font: Bold
All food offered for sale or given away at the farmers’ market shall be produced, prepared, compounded,
packed, stored, transported, kept for sale, and served, so as to be pure, free from contamination,
adulteration and spoilage, and shall be obtained from approved sources; and shall be otherwise fit for
human consumption.
Formatted: Font: Bold
Farmers’ markets, poultry and poultry products and meat and meat products.
Formatted: Font: Bold
All meat, meat products, poultry and poultry products sold or sampled at a farmers’ market must be in
compliance with the provisions of NRS 583.255 to 583.555, inclusive and must:
Formatted: Font: Bold
A.
Have a valid USDA inspection stamp as required under the Federal Meat Inspection Act, Title
21, Chapter 12; or,
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Formatted: Indent: Left: 0.25", Hanging:
0.31", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.5"
B.
Have been inspected and approved by the State of Nevada Division of Agriculture or the Nevada
State Health Division, Department of Health and Human Services.
Formatted: Indent: Left: 0", First line: 0"
Farmers’ markets, food storage.
Formatted: Font: Bold
All food shall be stored at least five (5) inches (12.5 centimeters) off the floor or ground or under any other
conditions that are approved by the Health Authority.
Formatted: Font: Bold
Farmers’ markets, food preparation; prohibitions, exceptions.
Formatted: Font: Bold
Food preparation is prohibited at farmers’ markets with the exception of samples. Preparation and service
of food samples is allowed, provided that the following sanitary requirements are met:
A.
Samples shall be kept in approved, clean and sanitized containers.
B.
All food samples shall be distributed by the producer in a sanitary manner.
C.
Clean, disposable plastic gloves shall be used when cutting food samples.
D.
Food intended for consumption shall be washed, or cleaned with potable water to remove soil or
other contaminants.
E.
Potable water shall be available for handwashing and sanitizing as approved by the Health
Authority.
F.
Potentially hazardous food (time/temperature control for safety food) samples shall be
maintained at or below 41˚F (5˚C) or cooked as required in these regulations and held at 135˚F
(57˚C) or above. All other food samples shall be disposed of within two (2) hours after cutting.
G.
Utensil and handwashing water shall be disposed of in an approved sewerage system or in a
manner approved by the Health Authority.
H.
Utensils and cutting surfaces shall be smooth, easily cleanable and nonabsorbent. This does not
preclude the use of single-service utensils, such as toothpicks or similar items.
I.
Cutting boards and utensils used to cut, slice or prepare potentially hazardous food
(time/temperature control for safety food) must be washed, rinsed and sanitized every two (2)
hours. If facilities are not available to accomplish this, extra cleaned and sanitized utensils and
cutting boards must be on site for use.
Formatted: Indent: Left: 0.25", Hanging:
0.31", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.5"
Farmers’ markets, produce stands, construction requirements.
Formatted: Font: Bold
Produce stands must meet the construction requirements set forth in “Temporary food establishment,
construction requirements”.
Formatted: Font: Bold
Farmers’ markets, toilet facilities.
Formatted: Font: Bold
Approved toilet facilities shall be accessible and available within 200 feet (61.5 meters) of any premises of
the farmers’ market or as approved by the Health Authority.
Formatted: Font: Bold
Farmers’ market, handwashing facilities.
Formatted: Font: Bold
Approved handwashing facilities must be accessible and present at each vendor’s booth. Single-use paper
towels and hand soap in a dispensing unit must be present at each handwashing station.
Formatted: Font: Bold
Farmers’ market, animals prohibited; exception.
Formatted: Font: Bold
205
No live animals, birds or fowl shall be kept or allowed within 20 feet (6 meters) of any area where food is
stored or offered for sale. This does not apply to service animals.
Farmers’ market, fresh eggs.
Formatted: Font: Bold
Fresh poultry eggs are allowed for sale at farmers’ markets, provided that the following requirements are
met:
A.
The eggs must be sold by a Nevada-certified producer;
B.
The eggs must be candled and graded with a minimum Grade A;
C.
An application for Direct Marketing of Poultry Eggs at Farmers’ Markets must be on file with the
Nevada Department of Agriculture;
D.
All records requirements of the Nevada Department of Agriculture must be met;
E.
Temperature at the shell in stored eggs following harvest up to the point of sale must not exceed
45˚Fahrenheit;
F.
All eggs must be transported, stored, and displayed in a safe and sanitary manner as to minimize
breakage and contamination.
Formatted: Indent: Left: 0.25", Hanging:
0.31", Numbered + Level: 1 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.5"
Farmers’ markets, compliance and enforcement.
Formatted: Font: Bold
Operators of farmers’ markets and vendors working farmers’ markets are subject to enforcement action as
outlined in these regulations and NRS 446.
Formatted: Indent: Left: 0", First line: 0"
Formatted: Indent: Left: 0", First line: 0"
FOOD PROCESSING ESTABLISHMENTS
Formatted: Centered
Formatted: Font: 12 pt, Bold
Food processing establishment, applicable requirements.
Food processing establishments must comply with all applicable requirements of these regulations. When
facilities or equipment are inadequate to protect the public health, the Health Authority may impose
operational and/or menu restrictions on a food processing establishment to protect against potential health
hazards.
Formatted: Space After: 6 pt
Food processing establishments, HACCP plan required.
Formatted: Space After: 6 pt
Formatted: Font: Not Bold
Formatted: Font: Not Bold
Permit applicants or permit holders of food processing establishments must provide a HACCP plan to the
Health Authority for approval.
Food processing establishments, instruction or training of operator when anaerobic process or result
involved.
If a food processing establishment processes any canned food with a low level of acidity or any other food
that involves an anaerobic process or result, the operator of the establishment shall complete a certified
course of instruction or training that has been approved by the Health Authority.
Food processing establishment, compliance and enforcement.
206
Formatted: Font: Bold
Food processing establishments are subject to enforcement actions as outlined in these regulations and NRS
446.
MOBILE UNITS, PORTABLE UNITS FOR SERVICE OF FOOD, AND
SERVICING AREAS
GENERAL; MOBILE UNITS AND PORTABLE UNITS FOR SERVICE OF FOOD
Mobile unit, portable unit for service of food, and servicing areas, applicable requirements.
Mobile units, portable units for service of food, and servicing areas must comply with all applicable
requirements of these regulations. When facilities or equipment are inadequate to protect the public health,
the Health Authority may impose operational and/or menu restrictions on a mobile unit, portable unit for
service of food, or servicing area to protect against potential health hazards.
Mobile unit and portable unit for service of food, identification.
A. Every mobile unit and portable unit for service of food must be readily identifiable by the
business name being printed, permanently affixed and prominently displayed upon at least two
(2) sides of such units, in letters not less than three (3) inches (7.62 centimeters) in height, and of
a color contrasting with the background color of the unit.
B. A current health permit sticker must be displayed and be clearly visible from the rear of the unit
during any mode of operation.
Mobile unit and portable unit for service of food, health permit not transferable.
The health permit is not transferable from unit to unit or vehicle to vehicle.
Mobile unit and portable unit for service of food, operation at special event.
A. The Health Authority must be notified in advance any time a mobile unit or portable unit for
service of food participates at a special event.
B. If the mobile unit or portable unit for service of food is used at a temporary event where it does
not or cannot return to the servicing area, the mobile unit or portable unit for service of food must
be permitted and regulated as a temporary food establishment.
Mobile unit and portable unit for service of food, plan review.
Properly prepared plans and specifications of the mobile unit, portable unit for service of food, or servicing
area must be submitted to the Health Authority for approval before the mobile unit, portable unit for service
of food, or servicing area is constructed or remodeled. The plans must include but are not limited to:
A. Menu and food preparation procedures;
B. Plot plan, including but not limited to, the location and elevation drawing of all food equipment,
plumbing, electrical services and mechanical ventilation, potable water and wastewater holding
units;
207
Formatted: Indent: Left: 0", First line: 0"
Formatted: Centered
C. Equipment specifications, including but not limited to, make and model numbers of all food
equipment;
D. Material type and color to be used on all surfaces including but not limited to floors, walls,
ceilings and counters;
E. Lighting intensity to be installed;
F.
Proposed itinerary or sites to be served;
G. Source of potable water;
H. Site used for sewage and wastewater disposal;
I.
Availability of public restrooms; and
J.
The site of the servicing area.
Mobile unit and portable unit for service of food, food protection.
A. During operation, food must not be stored, displayed, or served from any place other than the
mobile unit or portable unit for service of food.
B. During transportation and storage, food and food-contact surfaces must be protected from
contamination.
Mobile unit and portable unit for service of food, food equipment.
A. Cold holding of potentially hazardous food (time/temperature control for safety food) must be
accomplished by use of mechanical refrigeration. Ice may be used when all food is prepackaged
in sealed waterproof containers.
B. Hot and cold holding equipment must be capable of maintaining food at safe temperatures in all
climatic conditions, including subfreezing and extremely hot weather.
C. Mobile units and portable units for service of food must provide only single-service articles for
use by the consumer.
D. Materials that are used in the construction of a mobile unit or portable unit for service of food
water tank, and appurtenances must be:
1. Safe;
2. Durable, corrosion-resistant, and nonabsorbent; and
3. Finished to have a smooth, easily cleanable surface.
E. All food compartments must be provided with a tightly fitted cover or lid sufficient to protect the
interior surfaces from dust, debris and vermin.
F.
All food compartments and food-contact surfaces must be:
1.
Sufficiently large enough to permit food assembly and service operations;
2.
Constructed so as to be smooth, easily accessible and easily cleanable.
Mobile unit and portable unit for service of food, handwashing and toilet facilities.
A. Except as provided for portable banquet bars in subsection A(3) of “Portable units for service of
food, food handling and preparation restrictions”, a separate handwashing sink must be provided
and accessible to food handlers and other employees at all times and include the following:
208
Formatted: Indent: Hanging: 0.25"
1. An adequate amount of warm, running, potable water under pressure from an approved
source;
2. Pump soap; and
3. Individual paper towels.
B. Requirements for handwashing may be waived or modified when only prepackaged foods are
served.
C. Toilet facilities for food employees must be available and readily accessible along the route.
D. Documentation that such facilities are available must be submitted to the Health Authority upon
request.
Mobile unit and portable unit for service of food, filtering compressed air.
A filter that does not pass oil or oil vapors must be installed in the air supply line between the compressor
and potable water system when compressed air is used to pressurize the water tank system.
Mobile unit and portable unit for service of food, water supply protective cover device.
A. A cap and keeper chain, closed cabinet, closed storage tube, or other approved protective cover or
device must be provided for a water inlet, outlet, and hose.
B. If not in use, a water tank and hose inlet and outlet fitting must be protected using a cover or
device as specified in Subsection A of this section.
Mobile unit and portable unit for service of food, water storage tank design,
A potable water storage tank must be designed to facilitate draining and cleaning by:
A. Being readily removable and easily handled to permit use of a drain located on a side of the tank;
or
B. Having a bottom sloped to a drain located at the lowest point in the tank.
Mobile unit and portable unit for service of food, liquid waste retention and disposal.
A. Liquid waste must be stored in a waste retention tank that has at least 15 percent more capacity
than the water tank. The bottom of the waste retention tank must be sloped to a drain.
B. All liquid waste must be retained on the mobile unit until emptied and flushed into an approved
sanitary sewer system or dump station, in a manner approved by the Health Authority.
C. The contents of the waste retention tank must be gauged unless the water level can be easily
observed. A waste retention tank with an outlet for overflow is prohibited.
D. The wastewater system must be operable under all climatic conditions, including subfreezing
temperatures.
Mobile unit and portable unit for service of food, personnel.
A. Only employees and those persons authorized by the Health Authority may be present in food
preparation areas of the mobile unit or portable unit for service of food.
B. The operator of a mobile unit or portable unit for service of food must be in attendance at all
times when the unit is open for business.
209
Formatted: Indent: Left: 0.31", Numbered +
Level: 5 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 3.8" +
Indent at: 4.05"
Mobile unit and portable unit for service of food, garbage.
A. Refuse containers must be of sufficient design, size and capacity to accommodate the daily
accumulation of customer foodservice garbage and trash.
B. A refuse container with a cover or lid must be installed inside a mobile unit.
Mobile units and portable unit for service of food, storage.
Storage of portable units for service of food and mobile units at private homes or garages is allowed
provided that the following activities occur at a permitted servicing area:
A. Obtain all potable water supplied to the mobile unit or portable unit for service of food;
B. Disposal of all garbage and refuse from the mobile unit or portable unit for service of food;
C. Storage of all food except that which is stored on the mobile unit or portable unit for service of
food;
D. Disposal of all grey water accumulated on the mobile unit or portable unit for service of food;
and,
E. Preparation of all food, except that which is prepared directly on the mobile unit or portable unit
for service of food.
Mobile unit, portable unit for service of food, and servicing areas, compliance and enforcement.
Operators of mobile units and portable units for service of food are subject to enforcement actions outlined
in these regulations and NRS 446.
SERVICING AREAS
Servicing area, approval and operation.
A. Mobile units and portable units for service of food must operate from an approved servicing area
and must report daily to that location for supplies, cleaning and servicing operations unless
otherwise approved by the Health Authority.
B. If the mobile unit or portable unit for service of food operator is not the permit holder of the
servicing area, authorization from the permit holder allowing use of the facility must be provided
to the Health Authority. The authorization must be submitted on forms provided by the Health
Authority.
C. A written agreement, signed by the permit holder of the servicing area must be provided before
the mobile unit or portable unit for service of food being operated. The written agreement must
state that the approved food establishment is willing to allow the mobile unit or portable unit for
service of food to:
1. Store food products inside the food establishment;
2. Use the facilities of the food establishment for the cleaning and/or maintenance of utensils
and equipment;
3. Deposit used cooking grease and refuse in the food establishment trash disposal and grease
rendering facilities;
4. Prepare food items that will be served from the mobile unit or portable unit for service of
food; and
210
5. Be allowed full access to the food establishment during hours or days in which the food
establishment might not otherwise operate.
D. In the event that the servicing area lessens its scope of food preparation, changes ownership, or is
out of business for any reason the mobile unit or portable unit for service of food must cease
operations and immediately advise the Health Authority.
E. A servicing area that is located outside the jurisdiction of the Health Authority may be approved
if the operator of the mobile unit or portable unit for service of food:
1. Satisfies the requirements of these regulations and obtains a permit issued pursuant to the
provisions of NRS 446.875;
2. Provides a copy of a valid health permit issued by the Health Authority which has
jurisdiction; and,
3. Provides a copy of the most recent health inspection.
F.
There must be a location provided for the flushing and drainage of liquid waste separate from the
location provided for potable water servicing and for the loading and unloading of food and
related supplies.
G. Food storage and preparation in a servicing area must be separated from the area used for mobile
unit or portable unit for service of food servicing operations such that no contamination of food
storage or preparation areas occurs.
H. Unit cleaning and in-place cleaning of nonfood-contact surfaces of equipment not requiring
sanitization must be done with potable water and must be done in a manner which will not
contaminate the food storage or food preparation areas or equipment of the mobile unit or
portable unit for service of food.
Servicing area, construction.
Servicing areas for mobile units or portable units for service of food must be constructed and operated in
compliance with all applicable food establishment requirements of these regulations.
Servicing area, change in location.
A. Any proposed change in servicing area, location, equipment or operation must receive prior
approval from the Health Authority.
B. A mobile unit or portable unit for service of food permit shall become invalid should the permit
holder change servicing areas without prior approval from the Health Authority.
Servicing area, fee for change in location.
The Health Authority may assess a fee for a change of servicing area location. The fee for changing a
servicing area location shall be in accordance with the fee schedule adopted by the Board of Health.
MOBILE UNIT
Mobile unit, food and food preparation.
A. Prepackaged food must be properly labeled, except when prepared on the mobile unit, for
immediate service.
211
B. Preparation of potentially hazardous food (time/temperature control for safety food) on the
mobile unit must be accomplished daily, for service that same day.
C. Cooling of hot prepared potentially hazardous food (time/temperature control for safety food) on
a mobile unit is prohibited.
D. When potentially hazardous foods (time/temperature control for safety food), which have been
cooked and cooled at the servicing area are to be served hot, they must be reheated to 165°F
(74°C) and either immediately served to the customer or held hot at a temperature of 135˚ F.
E. Hot and cold holding equipment must be preheated or prechilled to appropriate holding
temperatures before loading potentially hazardous food (time/temperature control for safety food)
onto the mobile unit.
F.
Thermometers must be carried on the mobile unit and used to monitor the temperature of
potentially hazardous food (time/temperature control for safety food). Refrigerators must have
indicating thermometers, accurate to within plus 2°F (1 C°).
Mobile unit, water supply.
A. When a mobile unit has a water system, the source and system design must be approved by the
Health Authority.
B. The tank, pump and hoses must be flushed and sanitized before being placed in service after
construction, repair, modification and periods during which they were not used.
C. The system must be of sufficient capacity, but not less than 40 gallons to furnish enough hot and
cold water under pressure for each of the following procedures, if they occur on the mobile unit:
1. Food preparation;
2. Utensil cleaning;
3. Sanitizing;
4. Handwashing sink, or
5. Mobile unit cleaning
D
The water inlet must be located so that it will not be contaminated by waste discharge, road dust,
oil or grease, and it must be capped. The water filler hose must be equipped with an approved
backflow prevention device.
E
The filler hose must be of an approved material and stored with the ends connected or covered
when not in use. This hose must not be used for any purpose other than supplying potable water
to the mobile unit.
F
The filler hose must be identified either by color-coding or tagging.
G
The water system must be operable under all climatic conditions, including subfreezing
temperatures.
H
If a tank is designed with an access port for inspection and cleaning, the opening must be in the
top of the tank and flanged upward at least one-half (1/2) inch (13 mm), equipped with a port
cover assembly that includes a gasket and a device for securing the cover in place, and flanged to
overlap the opening and sloped to drain.
I
Tank vents must be terminated in a downward direction and be covered, screened, or equipped
with a protective filter if not otherwise protected from windblown dirt and debris.
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 4 + Alignment: Left + Aligned at: 2.25" +
Indent at: 2.5"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 5 + Alignment: Left + Aligned at: 2.25" +
Indent at: 2.5"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 6 + Alignment: Left + Aligned at: 2.25" +
Indent at: 2.5"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 7 + Alignment: Left + Aligned at: 2.25" +
Indent at: 2.5"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 8 + Alignment: Left + Aligned at: 2.25" +
Indent at: 2.5"
Formatted: Font: Bold
Mobile unit, construction requirements.
All mobile units must comply with the following:
212
A. All interior wall, floor and ceiling surfaces must be constructed of a light-colored, durable and
completely washable material such as stainless steel, galvanized steel, aluminum or plastic and
must be free of open joints or cracks.
1.
Floors must be finished with an impervious, skid resistant material.
2.
Junctures of floors, walls and adjoining fixtures must be watertight and coved.
B. There must be adequate ceiling height in the mobile unit so that food handling can be conducted
in a safe manner.
C. The interior of the mobile unit must be completely enclosed with the exception of the service
openings. The service openings must be open only when serving food.
D. Doors, windows and covers must close tightly and must be closed when the vehicle is being
moved.
E. Where cooking is conducted mechanical ventilation must be provided.
F.
Lighting within the mobile unit must provide at least 50 foot-candles of light on all working
surfaces at all times during use. Lights must be shielded or shatterproof.
G. Warewashing sink:
1. A three (3)-compartment sink with hot and cold running water under pressure to wash, rinse
and sanitize utensils is required when equipment and utensils are reused on a mobile unit.
2. The warewashing sinks must be large enough to immerse utensils and equipment requiring
intermittent cleaning. This requirement may be waived or modified when limited food
preparation is done or additional clean utensils are available and utensil washing can take
place at the servicing area.
3. The warewashing sink must have a swivel faucet which is capable of depositing water into
each sink compartment and which is equipped with a mixing valve.
H. All connections on the vehicle used for servicing the mobile unit waste disposal facilities must be
of a different size or type than those used for supplying potable water to the mobile unit.
I.
The waste connection must not be located above the potable water inlet connection.
J.
Compressed gas bottles must be securely fastened to a wall or other stationary object in such a
manner as to prevent damage to the valve mechanism.
Formatted: Indent: Left: 0.31", Space
Before: 0 pt, After: 0 pt, Numbered + Level:
1 + Numbering Style: A, B, C, … + Start at: 1
+ Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.56", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.81" +
Indent at: 1.06"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.31", Space
Before: 0 pt, After: 0 pt, Numbered + Level:
1 + Numbering Style: A, B, C, … + Start at: 1
+ Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.31", Space After:
0 pt, Numbered + Level: 1 + Numbering Style:
A, B, C, … + Start at: 7 + Alignment: Left +
Aligned at: 0.25" + Indent at: 0.5"
Formatted: Indent: Left: 0.57", Hanging:
0.24", Space After: 0 pt, Numbered + Level: 2
+ Numbering Style: 1, 2, 3, … + Start at: 1 +
Alignment: Left + Aligned at: 0.75" + Indent
at: 1.05"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 8 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Font: Bold
PORTABLE UNIT FOR SERVICE OF FOOD
Portable unit for service of food, menu restriction by type of unit.
A portable unit for service of food may be used to serve only food items that have been approved by the
Health Authority. Menu restrictions apply to the following types of portable units for service of food:
A. Any type of portable unit for service of food may serve prepackaged non-potentially hazardous
food (time/temperature control for safety food) beverages, including alcoholic beverages.
B. Portable banquet bars may only serve beverages and drink garnishes.
C. Any type of portable unit for service of food, except portable banquet bars, may serve
prepackaged non-potentially hazardous food (time/temperature control for safety food).
D. Golf cart-style food units may serve only prepackaged, non-potentially hazardous food
(time/temperature control for safety food) and if designed, constructed, and approved by the
Health Authority to do so, prepackaged low-risk food that is either commercially packaged, or
prepared and wrapped, in the portable unit for service of food’s approved servicing area.
213
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
E. Indoor and outdoor/indoor foodservice carts may serve any non-potentially hazardous food
(time/temperature control for safety food) and, if designed, constructed, and approved by the
Health Authority to do so, serve low-risk food. Those foods need not be prepackaged but shall
require only minimal handling at the cart. Heating procedures not traditionally classified as
cooking are allowed, including:
F.
1.
Heating of hot dogs, to at least 135°F and subsequent hot holding until serving at a
temperature of at least 135°F.
2.
Steaming of pasteurized milk or similar fluid dairy products for immediate use in the
preparation of espresso-type beverages.
3.
Warming of non-potentially hazardous food (time/temperature control for safety food) or
low-risk food by use of a microwave oven.
4.
Equipment intended or capable of cooking food including but not limited to, burners, griddle
tops, grill tops, barbecue grills, and deep-fat fryers shall not be present on indoor and
outdoor/indoor, or outdoor foodservice carts.
Pushcarts and foodservice trailers may serve any type of food including potentially hazardous
food (time/temperature control for safety food) for which they have been designed, constructed,
and approved by the Health Authority. Raw or undercooked potentially hazardous food
(time/temperature control for safety food) may be served only if an approved food safety
advisory is properly posted.
Formatted: Indent: Left: 0.56", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 1.44" +
Indent at: 1.69"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Portable units for service of food, food handling and preparation restrictions.
Formatted: Font: Bold
Food to be sold or served at a portable unit for service of food is restricted as follows:
Formatted: Font: Bold
A. Portable banquet bars:
1.
May serve only beverages and drink garnishes including but not limited to lemons, limes,
and other garnishes.
2.
Must operate in conjunction with a banquet or private function.
3.
Must have a handwashing sink that is:
a)
An integral part of the portable banquet bar;
b) An approved portable handwashing sink that is accessible and located within 25 feet
(7.62 m) of the portable banquet bar; or
c)
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.56", Numbered +
Level: 3 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 1.44" +
Indent at: 1.69"
Formatted: Indent: Left: 0.81", Numbered +
Level: 1 + Numbering Style: a, b, c, … + Start
at: 1 + Alignment: Left + Aligned at: 1.06" +
Indent at: 1.31"
Wall-hung, accessible, and located within 25 feet (7.62 m) of the portable banquet bar.
B. Golf cart-style food units
Only sealed, non-potentially hazardous beverages and pre-packaged non-potentially hazardous
food (time/temperature control for safety food) may be sold from golf cart-style food units.
Potentially hazardous food (time/temperature control for safety food) ordered from an approved
kitchen may be immediately transported to a customer.
C. Indoor and outdoor/indoor foodservice carts
Except as provided in “Portable units for service of food, menu restrictions by type of unit” no
potentially hazardous foods (time/temperature control for safety food) may be cooked or served.
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Indent: Left: 0.56"
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Indent: Left: 0.56"
D. Pushcarts and foodservice trailers
Any food may be served, if the facility has been designed, constructed, and approved by the
Health Authority for the food’s storage, preparation, and service. Raw or undercooked potentially
hazardous food (time/temperature control for safety food) may be served only if an approved
food safety advisory is properly posted.
214
Formatted: Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 0.31" + Indent
at: 0.56"
Formatted: Indent: Left: 0.56"
Formatted: Font: Bold
Portable unit for service of food, water supply.
A. A supply of potable water must be present on any portable unit for service of food where water is
required for food preparation or handwashing.
B. The tank which supplies potable water, pump and hoses must be flushed and sanitized before
being placed in service after construction, repair, modification and periods during which they
were not used.
Formatted: Indent: Left: 0.31", Numbered +
Level: 5 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 3.8" +
Indent at: 4.05"
C. A potable water storage tank must have at least a five (5)-gallon capacity, except that a
foodservice trailer that is equipped with a three (3)-compartment sink must have a potable water
storage tank of at least 40-gallons capacity, or be connected to an approved potable water supply
system when set up for operation.
D. The water inlet must be located so that it will not be contaminated by waste discharge, road dust,
oil or grease, and it must be capped. The water filler hose must be equipped with an approved
backflow prevention device.
E. The filler hose must be of an approved material and stored with the ends connected or covered
when not in use. This hose must not be used for any purpose other than supplying potable water
to the portable unit for service of food.
F.
The filler hose must be identified either by color-coding or tagging.
G. The water system must be operable under all climatic conditions, including subfreezing
temperatures.
H. If a tank is designed with an access port for inspection and cleaning, the opening must be in the
top of the tank and flanged upward at least one-half (1/2) inch (13 mm), equipped with a port
cover assembly that includes a gasket and a device for securing the cover in place, and flanged to
overlap the opening and sloped to drain.
I.
Tank vents must be terminated in a downward direction and be covered, screened, or equipped
with a protective filter if not otherwise protected from windblown dirt and debris.
Portable unit for service of food, wastewater handling.
Formatted: Font: Bold
The operator of a portable unit for service of food that requires water for handwashing or food preparation
shall:
A. During draining and cleaning of waste water tanks, protect all food and food-contact surfaces
from spills, splashes, or aerosols of wastewater.
B. Cease all food handling operations whenever the wastewater storage tank is filled to capacity.
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
C. Dispose of wastewater in a manner approved by the Health Authority.
Portable unit for service of food, operation on pool decks.
Formatted: Font: Bold
The following requirements must be met for all operations on pool decks and within pool barriers:
A. No glass or breakable items shall be allowed except that glass liquor and mixer bottles under the
control of a food handler are acceptable.
B. Bar/food units shall be located remotely from the edge of the pool on the raised rear deck area if
available.
C. Work stations shall not obstruct access to the pool deck, or to necessary fixtures, including but
not limited to showers and water fountains.
D. Work stations shall not be placed in any location where there is standing water.
215
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
E. Work stations shall be broken down, covered, protected, and stored when not in use.
F.
All electrical connections for work stations shall be GFCI protected and testable, and temporary
electrical runs shall not pass across walkways used by bathers or in wet areas such as deck drains.
G. An operational plan shall be completed and shall address all of the above including a statement
that management will not permit food or drink to be consumed within four (4) feet of any pool or
spa.
OUTDOOR FOOD ESTABLISHMENTS
Formatted: Font: 12 pt, Bold
Formatted: Centered
Outdoor food establishment, applicable requirements.
Formatted: Font: Bold
Outdoor food establishments must comply with all applicable requirements of these regulations. When
facilities or equipment are inadequate to protect the public health, the Health Authority may impose
operational and/or menu restrictions on an outdoor food establishment to protect against potential health
hazards.
Formatted: Indent: Left: 0", First line: 0"
Outdoor food establishment, permit to operate.
Formatted: Font: Bold
A. No person may operate an outdoor food establishment without first having obtained a permit to
do so from the Health Authority.
B. The permit to operate an outdoor food establishment shall be separate and distinct from the
permit to operate the supporting food establishment.
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
C. A permit to operate an outdoor food establishment shall be an annual permit.
D. The Health Authority shall not issue a permit to operate an outdoor food establishment if there is
no supporting permitted food establishment or if the supporting food establishment is not able, in
the opinion of the Health Authority, to support the outdoor food establishment operation as
indicated in the permit application.
Outdoor food establishment, conditions for use.
Formatted: Font: Bold
Outdoor food establishments must be operated in conjunction with a permitted supporting food
establishment that is on the same premises as the establishment and is, in the opinion of the Health
Authority, capable of supporting the outdoor food establishment. The supporting food establishment must
be of such size and scope as to accommodate its own operation, as well as to support the needs of the
outdoor food establishment.
Formatted: Indent: Left: 0", First line: 0"
Formatted: Font: Bold
Formatted: Indent: Left: 0", First line: 0"
Outdoor food establishment, plan submittal.
Persons who desire to operate an outdoor food establishment must submit construction plans to the Health
Authority for review and approval prior to commencing construction of the establishment.
Outdoor food establishment, general construction requirements.
A. Permanent electrical, plumbing, or other conduits shall:
1.
Be buried; or
2.
Be located at least six (6) inches above the ground.
B. Exposed or temporary electrical, plumbing or other conduits shall not cross areas subject to foot
traffic.
216
Formatted: Font: Bold
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 6 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 2.88" + Indent at: 3.75"
Formatted: Indent: Left: 0.56", Numbered +
Level: 5 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 3.88" +
Indent at: 4.13"
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 6 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 2.88" + Indent at: 3.75"
C. Potable water containers, bins containing ice intended for human consumption, and refrigeration
condensate collector trays, may drain indirectly to landscaped areas or to fixtures and locations as
indicated in the most recent edition of the Uniform Plumbing Code. The drained water must be
distributed such that it does not pool.
D. The ground under which the entire outdoor food establishment area is located must be smooth,
maintained in good repair and constructed of a nonabsorbent material such as concrete or asphalt
unless otherwise approved by the Health Authority.
E. The surface on which the entire outdoor food establishment area is located must be sloped or
constructed with drains such that water will not accumulate on the surface.
F.
Approved dust control palliatives must be used on any bare ground within 20 feet of the
perimeter of an outdoor food establishment.
G. Permanent or portable handwashing sinks that are accessible must be provided for use by food
handlers and other employees at the outdoor food establishment at all times when the outdoor
food establishment is being used and include the following:
1.
An adequate amount of warm, running, potable water under pressure from an approved
source;
2.
Pump soap; and
3.
Individual paper towels.
Formatted: Indent: Left: 0.56", Numbered +
Level: 6 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 2.88" +
Indent at: 3.13"
The establishment is considered in use anytime food is being cooked, displayed, stored, served, or
processed within the perimeter of the establishment.
Formatted: Indent: Left: 0.31", First line: 0"
H. Portable handwashing facilities must be equipped with a potable water container of at least two
(2)-gallons. The volume of the wastewater container must be at least 1.5 times larger than the
volume of the potable water container
Formatted: Indent: Left: 0.31", Hanging:
0.25", Numbered + Level: 6 + Numbering
Style: A, B, C, … + Start at: 1 + Alignment:
Left + Aligned at: 2.88" + Indent at: 3.75"
I.
Portable handwashing facilities may not be connected to a permanent water supply.
J.
Barriers such as walls, planters, counters, and sneeze guards shall be erected to keep
unauthorized personnel from access to food, food-contact surfaces, utensils, and equipment.
Formatted: Font: Bold
Outdoor food establishment, location.
A. Outdoor food establishments must be located on the premises of and within 50 feet of the
physical structure of the supporting food establishment.
B. Outdoor food establishments may not be located within 20 feet of an outdoor solid waste storage
area.
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
C. Outdoor cooking equipment must be located in open areas where mechanical ventilation is not
considered to be necessary by the Health Authority or by any other entity having applicable
regulatory authority.
D. Outdoor food establishments may be located in vehicle parking lots provided there is no parking
allowed within 20 feet of the facilities.
E. Outdoor food establishments may not be located within 20 feet of any motor vehicle roadway.
F.
Outdoor cooking equipment may not be located in areas below overhanging trees, wires, drainage
conduits, or below ignitable surfaces such as tarps, tents, or wooden overhangs unless approval is
obtained from the applicable fire authority as specified in these regulations.
Outdoor food establishment, operational plan required.
217
Formatted: Font: Bold
A. Persons who desire to operate an outdoor food establishment must submit an operational plan to
the Health Authority for review and approval prior to commencing operation of the
establishment. At a minimum, the operational plan must include the following information:
1.
Permit number of both the outdoor food establishment and the supporting food
establishment;
2.
Seating capacity and hours of operation;
3.
Descriptions of the proposed food preparation, service, transport, and display process(es) for
all menu items that will be prepared, served, or displayed at the outdoor food establishment;
4.
If required, HACCP plans for handling of potentially hazardous food (time/temperature
control for safety food);
5.
The estimated volume of food to be prepared per day or projected number of consumers
served;
6.
A statement as to whether or not consumers will be cooking food; and
7.
Any other information that may be relevant in estimating the adequacy of the supporting
food establishment’s ability to safely accommodate the additional food processing activities
of the outdoor food establishment.
B. Outdoor food establishment permit holders shall maintain a copy of the approved operational
plans at their facilities and shall make the plan available for review upon request by Health
Authority.
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.56", Numbered +
Level: 1 + Numbering Style: 1, 2, 3, … + Start
at: 1 + Alignment: Left + Aligned at: 0.88" +
Indent at: 1.13"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
C. Outdoor food establishment permit holders shall not deviate from their approved operational
plans (including menu alteration) without written consent from the Health Authority.
Formatted: Font: Bold
Outdoor food establishments, food.
A. All foods, including ice, used at the outdoor food establishment must be obtained from an
approved source.
B. Food items, single-service utensils and tableware shall not be stored at an outdoor food
establishment when the establishment is not in operation.
C. Food items stored at the outdoor food establishment when it is in operation shall be stored in
vermin resistant containers and shall be maintained at safe temperatures.
D. Food items shall be stored within the perimeter of the establishment and at least six (6) inches
above the ground surface covering material of the establishment.
E. Food items that are within the perimeter of the outdoor food establishment or are being
transported to or from it shall be covered or kept in closed containers unless the food items are
undergoing preparation or are being readied for service to consumers.
F.
Preparation of food items, except for cooking or basting and seasoning while cooking, is
prohibited in any location other than within the supporting food establishment unless the
establishment operational plan contains approval to prepare the food items at the outdoor food
establishment.
G. Condiments for use by consumers must be dispensed in single-service type packaging, in pumpstyle containers, or in protected squeeze bottles, shakers, or similar dispensers.
H. Non-potentially hazardous food (time/temperature control for safety) toppings such as minced
onions, relish, etc. may be stored in consumer self-service containers provided the containers
have attached lids.
I.
Consumer supplied food items shall not be processed, prepared, or served at the outdoor food
establishment.
218
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
J.
Consumer supplied utensils shall not be used in an outdoor food establishment.
Outdoor food establishment, equipment cleaning.
A. Food-contact equipment used in an outdoor food establishment must be clean to sight and touch;
and
B. Nonfood-contact surfaces of equipment must be kept free of an accumulation of dust, food
residue, and other debris.
Formatted: Font: Bold
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Outdoor food establishment, food handler required.
Formatted: Font: Bold
An outdoor food establishment must be attended by a food handler from its supporting food establishment
at all times while the establishment is being used. The outdoor food establishment is being used anytime
food is being cooked, displayed, stored, served or processed within the perimeter of the establishment.
Formatted: Indent: Left: 0", First line: 0"
Outdoor food establishment, food preparation by consumer.
Formatted: Font: Bold
Consumers may be permitted to cook, baste and season while cooking food items for their own personal
consumption provided:
Formatted: Indent: Left: 0", First line: 0"
A. A food handler from the supporting establishment is physically present in the outdoor food
establishment;
B. The consumer uses only food items, utensils and equipment provided from the supporting food
establishment or outdoor food establishment;
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
C. The consumer is made aware of approved safe time and temperature requirements for the food
items being prepared and is provided with and instructed on the use of calibrated temperature
measuring equipment if requested;
D. The consumer is made aware of the physical hazards related to using the outdoor food
establishment’s equipment;
E. The consumer is not cooking, basting or seasoning while cooking food items for anyone’s
consumption but their own; and
F.
The permit holder has an approved operational plan on file with the Health Authority specifically
relating to cooking by the consumer.
Outdoor food establishment, compliance and enforcement.
Formatted: Font: Bold
Operators of outdoor food establishments are subject to enforcement action as outlined in these regulations
and NRS 446.
Formatted: Indent: Left: 0", First line: 0"
SECTION 170
TEMPORARY FOOD ESTABLISHMENTS AND SPECIAL EVENTS
Formatted: Centered
Temporary food establishment and special event, applicable requirements.
Temporary food establishments and special events must comply with all applicable requirements of these
regulations. When facilities or equipment are inadequate to protect the public health, the Health Authority
may impose operational and/or menu restrictions on a temporary food establishment or special event to
protect against potential health hazards.
219
Formatted: Indent: Left: 0", First line: 0"
Formatted: Font: Not Bold
170.040
Permit Application Requirements
170.050
Special event, Aapplication for Ppermit to Ooperate a Special Event.
Anyone desiring to operate a special event in the Washoe Health District must make written application for
a permit on forms provided by the Health Authority, if the event daily attendance is equal to or exceeds
5000 persons per day, or the total attendance over a fourteen (14) day period is equal to or exceeds 10,000
persons. The application must include:
1.A. A statement whether the applicant is a natural person, firm or corporation; and, if a partnership,
the names of the partners and their addresses;
2.B. A statement of the location(s) and type of the proposed special event;
3.C. Applicant’s full name and address;
4.D. The inclusive dates of the proposed special event;
5.E. The signature(s) of the applicant(s);
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5", Tab stops: 0.56", Left + Not
at 1.13"
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5", Tab stops: Not at 1.13"
6.F. All Ttemporary Ffood Eestablishments participating in the event;
7.G. Layout of the event;
8.H. Solid waste and recycling plan; and
9.I. Locations of support equipment including three (3)- compartment sinks, dumpsters, potable water
source(s), wastewater collection units, restrooms, handwash stations, refrigeration, and grease
collection.
170.100
Temporary food establishment, Aapplication for Ppermit to Ooperate a Temporary Food
Establishment.
Any person desiring to operate a temporary food establishment either independently or in conjunction with
a special event in Washoe County must make an application for a permit to operate in accordance with
Nevada Revised Statute (NRS) 446.875. Applications must be made on forms provided by the Health
Authority. A temporary food permit application must be submitted to the Health Authority not less than
seven (7) days prior to the date of the event. Event promoters shall ensure that all persons operating
temporary food establishments at special events, as defined by this regulation, have obtained a permit to
operate from the Health Authority prior to conducting foodservice operations. Temporary Ffood
Eestablishment applications must include:
1.A. Applicant’s full name;
Formatted: Font: Not Bold
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
2.B. The name of the event;
3.C. Dates and times at event;
4.D. Promoter name and contact information; and
5.E. Applicant’s current contact information to include;
A. 1.
Address,
B. 2.
Phone numbers with area codes, and
C. 3.
Email address
6.F. Food to be prepared stored, processed, or used in any other way;
7.G. Verification of water source to be used;
220
Formatted: Indent: Left: 0.56", Hanging:
0.25", No bullets or numbering
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
8.H. Type of handwash setup;
9.I. Solid waste disposal; and
10.J. Restroom availability.
170.106
Special Eevent, Ppermit to Ooperate.
It is unlawful for any person to operate a special event with attendance equal to or exceeding 5,000 persons
per day, or a total attendance over a fourteen (14) day period equal to or exceeding 10,000 persons without
obtaining a health permit to operate from the Health Authority. A special event permit to operate shall be
issued only upon review and approval of the permit application and only after an inspection by the Health
Authority reveals that applicable requirements have been met. The permit issued pursuant to this section is
not transferable from person to person or place to place.
170.110
Temporary Ffood Eestablishment, Ppermit to Ooperate.
1.
A. It is unlawful for any person to operate a temporary food establishment unless a valid
permit has been issued for the establishment by the Health Authority. After receipt of an
application, the Health Authority shall review the application and make an inspection of the
temporary food establishment to determine compliance with the provisions of Chapter 446 of the
Nevada Revised Statutes 446, and the provisions of these regulations of this section, and with all
other Regulations of the District Board of Health that are applicable to the operation of a
temporary food establishment.
Formatted: Indent: Left: 0.31", Hanging:
0.25", Space After: 6 pt, No bullets or
numbering
2.
Food that is prepared in a private home and given away free of charge or consideration of any
kind is exempt from the provisions of this section, unless it is given to a food establishment with
the meaning ascribed to it in NRS 446.020.
Formatted: Indent: Left: 0.31", Tab stops:
0.56", List tab + Not at 1.13"
3.
Except as otherwise provided in subsection 4, food that is prepared in a private home must not be
sold, or offered or displayed for sale or for compensation of contractual consideration of any
kind, unless the person preparing the food possesses a valid permit issued by the Health
Authority for that purpose.
Formatted: Indent: Left: 0.31", Tab stops:
0.56", List tab + Not at 1.13"
4.
A religious, charitable or other nonprofit organization may, without possessing a permit from the
Health Authority, sell food occasionally to raise money, whether or not the food was prepared in
a private home, if the sale occurs on the premises of the organization. If the sale is to occur off
the premises of the organization, a permit from the Health Authority is required unless an
exemption has been granted by the Health Authority based on a determination that the food
which is sold, offered or displayed for sale, or served at the establishment does not constitute a
potential or actual hazard to the public health.
Formatted: Indent: Left: 0.31", Tab stops:
0.56", List tab + Not at 1.13"
5.
B.
The permit issued pursuant to this section is not transferable from person to person or from
place to place.
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering
6.
C.
The hHealth aAuthority may exempt a temporary food establishment from the provisions
of theseis regulationschapter if the hHealth aAuthority determines that the food which is sold,
offered or displayed for sale, or served at the establishment does not constitute a potential or
actual hazard to the public.
Formatted: Indent: Left: 0.31", Hanging:
0.25", Space After: 6 pt, No bullets or
numbering
D. Temporary food establishments that are larger than 800 square feet in area or have divided
operations that require more than one (1) inspection are subject to requirements for additional
permits and corresponding fees.
221
Formatted: Indent: Left: 0.31", Hanging:
0.25"
170.120
Temporary Ffood Eestablishment, Ppermit Eexemptions.
The Health Authority may exempt As provided in NRS 446.870 (2), a temporary food establishment from
the provisions of these regulations if the Health Authority determines that the food which is sold, offered or
displayed for sale, or served at the establishment does not constitute a potential or actual hazard to the
public healthdistributes the following foods is exempt from the permitting requirements of these
regulations. The list may include, but is not limited to:
1.A. Bottled water, canned soft drinks.
2.B. Coffee/Tea with powdered non-dairy creamer or ultra-pasteurized dairy creamer packaged in
individual servings. This exemption does not include beverages such as latte and espresso that are
mixed with dairy product by the vendor during preparation.
3.C. Commercially prepared acidic beverages (such as orange juice, lemonade, and other similar
beverages) that are served from the original properly labeled container without the addition of
consumer ice or other regulated food product.
4.D. Draft beer and other alcoholic beverages that are served without the addition of consumer ice or
the addition of potentially hazardous food (time/temperature control for safety food).
5.E. Foods from an approved source prepared for a “cook-off” or judging contest in which food is not
provided to the general public.
6.F. Hermetically sealed and unopened containers of non-potentially hazardous beverages, which do
not require refrigeration.
7.G. Hot chocolate prepared without the use of potentially hazardous or reconstituted dairy products.
8.H. Non-potentially hazardous prepackaged baked goods with proper labeling from an approved
source and requiring no on-site preparation.
9.I. Non-potentially hazardous and unopened prepackaged food from an approved source with proper
labeling, such as honey, jerked meats, potato chips, popcorn and other similar foods.
10.J. Produce sold from a produce stand where no food preparation, breaching of produce or product
sampling is done.
11.K.
Commercially prepared, prepackaged, and unopened ice cream that is appropriately labeled
as to ingredients and manufacturer.
12.L.
Shelled or unshelled nuts, including flavored nuts for sample or sale unless the nuts are
processed at the event site.
13.M.
Food Ssupplements that are offered for sample or sale without the addition of regulated
food items. These include, but are not limited to, vitamins, minerals, protein powder mixes,
energy drinks, and herbal mixtures.
170.201
Special Eevent, Ffee.
An application for a permit to operate a special event shall be accompanied by payment of the a fee
established by the District Board of Health. A late fee will be assessed in accordance with the fee schedule
adopted by the Board of Health if the permit application and fee are not submitted to the Health Authority a
minimum of fourteen (14) days prior to the start date of the event.
170.205
Temporary Ffood Eestablishment, Ffee.
222
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
An application for a permit to operate a temporary food establishment shall be accompanied by payment of
the fee established by the District Board of Health. A late fee will be assessed in accordance with the fee
schedule adopted by the Board of Health if the permit application and fee are not received a minimum of
seven (7) days prior to the start date of the event.
170.210
Temporary food establishment, Ccumulative Mmaximum Ffee for Temporary Food Establishment.
A temporary food establishment, which operates at the same special event, in the same location and serves
the same menu for at least three (3) times during a calendar year, will be eligible for a cumulative
maximum fee for the special event. The operation of the temporary food establishment is limited to
fourteen (14) days per calendar year. If the fourteen (14) day limit is exceeded, the operator must make
application for a permit to operate a permanent establishment and will be subject to all applicable
regulations. An application shall be submitted to cover each calendar day at the event. In the event that all
dates are not determined at the time of application, advanced notice must be received at least seven (7) days
prior to the date of any foodservice operation under cumulative maximum fee permit. A separate
application and fee for a temporary food establishment permit is required for any event in which the
cumulative maximum fee has not yet been paid. A Llate fees will be assessed in accordance with the fee
schedule adopted by the Board of Health apply each time an application is not submitted seven (7) days
prior to operating a temporary food establishment.
170.215
Special events, Ffee for Aannual Ssampling Ppermit for Special Events.
1.
A. An annual fee has been established by the District Board of Health for food operators
engaged in the practice of providing only food samples to the public. The permit can be renewed
annually, provided the permit has not been suspended or revoked for chronic or repeated
sanitation violations. The permit is valid only for the calendar year in which it was purchased.
Following suspension or revocation of an Aannual Ssampling Ppermit, a reinstatement fee shall
be submitted prior to reactivation of the permit to operate. All violations that prompted the permit
suspension must be corrected prior to the request for reinstatement.
2.
B.
Upon making application to the Health Authority, the applicant will be provided with two
(2) copies of the sanitation requirements for sampling. One (1) copy will remain with the
applicant for reference. The other copy must be signed by the applicant, indicating
acknowledgement and receipt of the requirements, and must be returned with the permit
application to the Health Authority. Operators of Ttemporary Ffood Eestablishments that apply
for the Aannual Ssampling Ppermit must submit a proposed schedule outlining the events and
locations at which they will be operating and meet applicable sanitation requirements set forth in
this regulation.
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering
170.220
Temporary food establishment, Ffee for Llow -Rrisk Ffoods.
The District Board of Health has set a limited fee for temporary food establishments serving low- risk
foods, including, but not limited to:
1.A. Foods that do not require cooling below 41°F (5°C) 5 degrees Celsius (41 degrees Fahrenheit) or
heating above 135°F (57°C) 60 degrees Celsius (140 Fahrenheit) prior to serving in order to
ensure that the foods are not hazardous to human health.
2.B. Any beverage served in an open container with ice.
3.C. Candy, fudge.
4.D. Coffee drinks blended with dairy products.
223
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.44" +
Indent at: 0.69"
5.E. Samples given of any food item. Samples must be from an approved source and must be
dispensed in a manner which protects the food from contamination and temperature abuses.
6.F. Snow cones, shaved ices, slurpies and other similar ice with syrup mixes.
7.G. Cooked vegetables, funnel cakes, roasted corn, popcorn, deep- fried onion rings, french fries, and
other food items, excluding meat, poultry and fish subjected to deep-frying as the primary
cooking process. This provision is subject to approval of food item(s) and does not allow for the
addition or inclusion of high-risk items such as chili, chowder, dairy toppings, or other high-risk
foods in the service of the original permitted low- risk food item.
170.225
Temporary food establishment, Llimited Ffee for Nnon-Pprofit Oorganizations.
A. The District Board of Health has set a limited fee for nNon-profit organizations operating
temporary food establishments may pay the nonprofit temporary food establishment fee in
accordance with the fee schedule adopted by the Board of Health. Applicants who desire to be
eligible for the non-profit fee must submit evidence of non-profit status when applying for a
permit to operate. Such evidence may include, but is not limited to:
1.
Tax exempt status recognized by the Internal Revenue Service or State of Nevada; and
2.
Articles of incorporation or association filed pursuant to the provisions of Chapter 812 of
NRS.
The limited fee for non-profit organizations shall not apply if any of the revenue is retained by a
for-profit organization.
170.227
The District Board of Health has established a B.
Nonprofit organizations promoting individual
sample and tasting events may pay the conditional maximum temporary food establishment fee in
accordance with the fee schedule adopted by the Board of Healthfor individual sample and
tasting events promoted by non-profit organizations. The maximum fee will be charged for
twenty (20) or fewer temporary food establishment permit applications for each qualifying event
and applies to samples only. Each permit application for Ttemporary Ffood Eestablishments in
excess of the twenty (20) allowed under the maximum fee shall be accompanied by the non-profit
temporary food establishment permit fee as set by the District Board of Health. The conditional
maximum temporary food establishment fee does not apply to for-profit temporary food
establishments at the event. In order to qualify for this fee, the event promoter shall provide proof
of non-profit status as outlined in Subsection A of this Ssection 170.225.
170.229
Temporary food establishment and annual sampling operation, Rre-inspection Ffee.
If more than one (1) re-inspection of a Ttemporary Ffood Eestablishment or Aannual Ssampling
Ooperation is required a fee up to the amount, but not to exceed the permit fee set by the District Board of
Health will be charged. The fee will be assessed in the field and is due to the Environmental Health
Services Office within 5 working days following the event. Subsequent Ttemporary Ffood Eestablishment
Ppermit Aapplications will be denied until the re-inspection fee is paid.
170.230
General Requirements
Temporary food establishments shall comply with the requirements outlined in this section and may be
subject to other portions of the Washoe County District Board of Health Regulations Governing Food
Establishments. The Health Authority may impose additional requirements to protect against potential
health hazards related to the operation of such establishments. See Section “Applicable requirements”
170.240
224
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
Formatted: Indent: Left: 0.56", Tab stops:
0.81", List tab + Not at 1.15"
Temporary food establishment and special event, Ffood Ssource.
1.
A. Food must be obtained from a supplier or source acceptable to approved by the Health
Authority. Food sources acceptable to approved by the Health Authority include sources where
the producer, manufacturer, distributor, or food establishment is determined by the Health
Authority to conform to applicable laws, or in the absence of applicable laws, conforms to
current public health principles and practices and recognized industry standards to protect public
health. Any preparation or storage at a private residence of any food item to be sold at a special
event in Washoe County is strictly prohibited. Operators that obtain their food source outside
Washoe County shall be required to provide proof to the Health Authority that the source of the
food products is regulated and approved by a Health Authority in the jurisdiction of origin.
2.
B.
Interstate transport of pre-cooked meat or poultry is prohibited unless the product is
unadulterated; in the original unopened package from the source; and has been U.S.D.A.USDA
inspected and approved, and bears a label indicating such.
Formatted: Indent: Left: 0.31", Hanging:
0.25", Space After: 6 pt, No bullets or
numbering
3. C. All food shall be protected against contamination and held within the safe temperature
requirements set forth in these regulations during transport and storage.
Formatted: Indent: Left: 0.31", Space After:
6 pt, No bullets or numbering
D. Wild harvested or caught products such as mushrooms, fish, game, and produce are not allowed
for service or sample to the general public at special events in Washoe County.
Formatted: Indent: Left: 0.31", Hanging:
0.25"
E. Except as specified under Cottage Food Operations, any preparation or storage at a private
residence of any food items to be sold at a special event in Washoe County is strictly prohibited.
170.250
Safety of food for consumption; use of food from private home; lTemporary food establishment,
labeling of certain food.
Formatted: No bullets or numbering
1.
All food must be free from spoilage, filth, adulteration, misbranding and contamination
and must be safe for human consumption. See Section “Safe, unadulterated, and
honestly presented”
2.
Food must be protected from contamination and spoilage while it is being handled,
packaged, stored, displayed, dispensed and transported. See Section “Safe,
unadulterated, and honestly presented”
3.
Food must be protected from cross-contamination between foods, equipment, utensils
or other surfaces which may come into contact with food and from contamination by
insects, insecticides, rodents, rodenticides, probe price markers or probe identification
markers. See Section “Safe, unadulterated, and honestly presented”
4.
No food prepared or stored in a private home may be used, stored, served, offered for
sale, sold, given away or offered to the public in a Temporary Food Establishment.
See Section “Food source”
5.
Packages of food, including packages of food repackaged from bulk that was prepared
within Washoe County, that are for sale in a Temporary Food Establishment must have
a label which has been approved by the Health Authority. The label must include:
Formatted: Indent: Left: 0.88", Hanging:
0.25", No bullets or numbering
Potentially hazardous food (time/temperature control for safety food) or other food prepared in an approved
food establishment or food processing establishment in a ready-to-eat form and packaged in a container for
refrigeration or otherwise stored for a time where packaged must be marked with a label by the
manufacturer to indicate the date by which the food was manufactured and must be served or frozen. The
label must include:
Formatted: No bullets or numbering, Tab
stops: 0", List tab + Not at 1.13"
A. The name of the food establishment;
B. The mailing address of the food establishment, including:
225
Formatted: Indent: Left: 0.31", Hanging:
0.25", Tab stops: 0.56", List tab + Not at
1.38"
Formatted: Indent: Left: 0.31", Tab stops:
0.56", List tab + Not at 1.38"
1.
The number of the street or post office box;
2.
The city;
3.
The state; and
4.
The zip code;
C. A list of ingredients in descending order of predominance; and
D. The last date of sale, if applicable, shown clearly as the three (3) letters of the month followed by
the date. Frozen food that has been thawed must also be dated to indicate the last date of sale.
Formatted: Indent: Left: 0.56", Hanging:
0.25", Tab stops: 0.81", List tab + Not at
1.56"
Formatted: Indent: Left: 0.31", Tab stops:
0.56", List tab + Not at 1.38"
170.260
Temporary food establishment, Aalcohol Cconsumption Wwhile Ppregnant.
Temporary Ffood Eestablishments and all other operations which sell alcoholic beverages for consumption
on premises must post health warnings for drinking during pregnancy as specified in these
regulationsoutlined in NRS 446.842.
170.300
Food Menu Restrictions
The Health Authority will limit or prohibit the sale of any potentially hazardous foods that
may put the public at risk for disease or injury.
170.310
Temporary food establishment and special event, Ffood Ccooking, Hholding, and Sservice
Eequipment.
1.
A. All food holding, service and cooking equipment shall be clean, in good repair and in such
condition to present no risk to public health. All equipment used in temporary food
establishments is subject to approval by the Health Authority.
2.
B.
The Health Authority shall restrict foods at an event if adequate facilities are not available
and functioning properly to keep food at the required temperatures. Chafing dishes, which are not
heated mechanically or similar equipment, are prohibited for use at outdoor special events.
3.
C.
Adequate power shall be supplied by the event promoter to temporary food establishments
that require electrical or mechanical means to hold food products at safe temperatures. A
contingency plan for recovery and safe storage of food shall be required in writing from the event
promoter at the time the permit application is submitted. The contingency plan shall include a 24hour contact for implementation.
4.
D. Failure by the operator of a temporary food establishment to maintain safe temperatures
and adequate refrigeration may require modification of food service operations plans. The event
promoter must ensure that adequate refrigeration is available for temporary food establishment
operators who intend to hold potentially hazardous foods (time/temperature control for safety
food) overnight for a multi-day event. Temporary food establishment operators shall not store
potentially hazardous foods (time/temperature control for safety food) off-site at non-permitted
food establishments.
5.
Metal stem thermometer or similar temperature measuring devices that are numerically scaled
with a range of 0-220°F and accurate to plus or minus 2˚F must be used to ensure the attainment
and maintenance of proper internal temperatures for cooking, holding, cooling or refrigerating all
potentially hazardous foods. At least one such thermometer or temperature measuring device
must be available for use by employees at all times. The thermometers or temperature measuring
device must be washed, rinsed and sanitized before insertion into food.
226
Formatted: Indent: Left: 0", First line: 0"
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering
6.
E.
Utensils and cutting surfaces shall be smooth, easily cleanable and nonabsorbent. The
Health Authority may prohibit the use of utensils that are chipped, cracked, scratched or
otherwise constructed or finished as to present a risk to public health. This does not preclude the
use of single -service utensils such as toothpicks or similar items.
Formatted: Font: Not Bold
Temporary food establishment, temperature measuring devices required.
Formatted: Font: Bold
A. Temperature measuring devices, appropriate to the operation, must be used for monitoring the
temperatures of potentially hazardous food (time/temperature control for safety food) and must
meet all applicable requirements of these regulations.
B. Each refrigeration unit must have a numerically scaled thermometer and must meet all applicable
requirements of these regulations.
Formatted: Indent: Left: 0.31", Hanging:
0.25"
Formatted: Indent: Left: 0", First line: 0"
170.320
Temporary Ffood Eestablishment Cconstruction Rrequirements.
1.
All temporary food establishments shall be located in such a manner as to minimize the risk of
contamination from external sources such as sewage, flooding, dust and vectors or vermin. Food
preparation must be limited to areas inaccessible to the public to protect food from contamination.
Temporary food establishments may not be closer than fifty (50) feet from any non-sewered
toilets, animal pens, or down gradient of runoff in a drainage zone. The fifty (50) foot setback
requirement may be waived by the Health Authority, if public health concerns are not
compromised by such waiver.
2.
The ceiling of a temporary food establishment must be made of wood, canvas, metal or other leak
proof material, which will protect the interior from overhead contamination. The floor, ground or
ground cover shall be maintained in such a manner as to minimize contamination from dust,
insects or water.
3.
Placement of heating or cooking equipment shall be in an area inaccessible to the public.
4.
Temporary Food Establishments that are larger than 800ft2 in area or divided operations that
require more than one inspection are subject to requirements for additional permits and
corresponding fees.
A. All temporary food establishments shall be located in such a manner as to minimize the risk of
contamination from external sources such as sewage, flooding, dust and vector or vermin.
B. Temporary food establishments may not be closer than fifty (50) feet from any non-sewered
toilets, animal pens, or down gradient of run-off in a drainage zone. The fifty (50) foot setback
requirement may be waived by the Health Authority, if public health concerns are not
compromised by such waiver.
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
C. The ceiling of a temporary food establishment must be made of wood, canvas, metal or other
leak-proof material, which will protect the interior from overhead contamination.
D. The floor, ground or ground cover shall be maintained in such a manner as to minimize
contamination from dust, insects or water.
E. Adequate lighting by artificial or natural means must be provided. A minimum of 35 footcandles of artificial light must be provided after dusk in all food preparation, foodservice, or
warewashing areas. Lighting above food preparation or foodservice areas must be shielded.
F.
Local regulations must govern ventilation and fire protection requirements.
Formatted: Indent: Left: 0", First line: 0"
Temporary food establishment, access limited to permit holder or employees.
227
Formatted: Font: Bold, Underline
A. Food preparation must be limited to areas inaccessible to the public to protect food from
contamination.
B. Placement of heating or cooking equipment shall be in an area inaccessible to the public.
Formatted: Indent: Left: 0.31", Numbered +
Level: 1 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
C. Food preparation areas, food storage areas or warewashing areas must be made inaccessible from
public access by the use of partitions, planters, walls or similar means.
D. Children are not allowed in the food preparation or foodservice areas of a temporary food
establishment.
Formatted: Indent: Left: 0", First line: 0"
170.330
Food Handlers
1.
When the Health Authority has reasonable cause to suspect the possibility of disease
transmission from any food handler working in a temporary food establishment, the
Health Authority shall secure a morbidity history of the suspected food handler, or
make such other investigation as may be indicated, and take appropriate action. See
Section “Employee health restrictions”
2.
The Health Authority may require any or all of the following measures:
A.
Immediate exclusion of the food handler from all food establishments;
B.
Immediate closure of the food establishment concerned until, in the opinion of
the Health Authority, no further danger of disease outbreak exists;
C.
Restriction of the food handler’s services to some area of the establishment where
there would be no danger of transmitting disease; and
D.
Adequate medical and laboratory examinations of the food handler, of other food
handlers and of his or their body discharges. See Section “Employee health
restrictions”
3.
Food handlers shall wash their hands and the exposed portions of their arms
thoroughly with soap and warm water before starting work, during work, after using
tobacco, eating, drinking or using the toilet, before and after handling raw meat, raw
poultry or raw seafood, before handling clean tableware and after handling soiled
tableware, including ashtrays, after caring for and handling support animals, after
coughing, sneezing or using a handkerchief or disposable tissue, or as often as is
necessary to keep them clean. See Section “When to wash”
4.
Eating, drinking and/or the use of any form of tobacco in the food booth are allowed in
designated areas only. This must be outside the food preparation area. A food handler
may consume a beverage from a container that has a lid and a permanent straw, if the
straw does not have a cap on it and if the container is handled to prevent the
contamination of the employee’s hands, the container, any exposed food, clean
equipment, utensils, linens and unwrapped articles intended to be disposed of by the
customer after a single use. Hand to mouth contact during food preparation is
prohibited. See Section “Eating, drinking, or using tobacco”
5.
Clean clothing is required for food preparation personnel. See Section “Clean
condition”
6.
Jewelry on the hands and wrists is prohibited during food preparation with exception
of medical alert bracelets. See Section “Prohibition of jewelry”
228
7.
An employee of a food establishment must not use a pair of gloves intended for a
single use for more than one purpose and must discard the gloves after they are
damaged or soiled or after the process of preparing food has been interrupted.
See
Section “Gloves, limitation on use”
170.400
DefrostingTemporary food establishment, thawing of Ppotentially Hhazardous Ffoods
(time/temperature control for safety food).
1.
A. Frozen, potentially hazardous foods (time/temperature control for safety food) shall be
defrostedthawed for use in temporary food establishment operations by one (1) of the following
methods:
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering, Tab stops:
0.56", List tab + Not at 1.13"
A. 1.
In refrigerated units with an ambient airwhich can maintain a temperature of 410˚F
(5°C) or below;
B. 2.
In an insulated container with enough ice to maintain 410˚F (5°C). The food must
remain covered during this process so as not to allow direct contact with the ice and uneven
defrostingthawing from external heat sources such as nearby cooking equipment or sunlight;
or
C. 3.
In a permitted food establishment, under potable, running water with a temperature of
70˚F or below, and with sufficient velocity to agitate and float off loose food particles into
the overflow.
2.
B.
DefrostingThawing potentially hazardous foods (time/temperature control for safety food)
in standing water is strictly prohibited.
3.
C.
DefrostingThawing food in a sanitizing sink or handwash sink is strictly prohibited.
Formatted: Indent: Left: 0", First line: 0"
170.405
Food Temperatures
1.
2.
Potentially hazardous foods which require cooking must be cooked to heat all parts of
the food to a temperature of at least 145°F (63°C) for at least 15 seconds, with the
following exceptions:
A.
Poultry, stuffing for poultry, stuffed meats and stuffing containing meats must be
cooked to heat all parts of the food to at least 165°F (74°C) for at least 15 seconds
with no interruption in the cooking process.
B.
Pork, any food containing pork, injected meats, comminuted fish and meats,
including hamburger, must be cooked to heat all parts of the food to at least
155°F (68°C) for at least 15 seconds or, if cooked in a microwave oven, to at least
170°F (77°C).
C.
Roast beef must be cooked to an internal temperature of at least 130°F (55°C) or,
if cooked in a microwave oven, to at least 145°F (63°C). Beef steak must be
cooked to an internal temperature of at least 130°F (55°C), unless otherwise
ordered by the immediate customer. See Section “Raw animal foods”
Potentially hazardous foods which have been prepared to be ready to eat and then
refrigerated for more than 24 hours must be marked with the date of preparation.
These foods must not be used for human consumption if not sold, served or frozen
within 10 calendar days after preparation. See Section “Ready-to-eat, potentially
hazardous food (time/temperature control for safety food)”
229
3.
Potentially hazardous foods which have been prepared by another food establishment
or food processing plant to be ready to eat and packaged in a container for refrigeration
must be marked by the manufacturer to indicate the date by which the food must be
sold, served or frozen. These foods must be discarded if not sold, served or frozen:
A.
Within 10 calendar days after the original container is opened; or
B.
On or before the date by which the food must be sold or used, as indicated on the
container, whichever occurs first. See Section “Ready-to-eat, potentially
hazardous food (time/temperature control for safety food)”
4.
Temporary food establishment, hot and cold Hholding.
Except as provided in Subsection C of this section:
A. Cold Ppotentially hazardous cold foods (time/temperature control for safety food) are required to
be held at 410˚F or below.
B. Hot Ppotentially hazardous hot foods (time/temperature control for safety food) are required to be
held at 13540˚F or above.
Formatted: Indent: Left: 0.31", Hanging:
0.25", Tab stops: 0.56", List tab + Not at
1.44"
C. Time as a public health control may be used in a temporary food establishment provided that all
applicable provisions of these regulations have been met.
5.
Temporary food establishment, Rreheating and Ccooling.
A. Cooling and/or reheating of potentially hazardous foods (time/temperature control for safety
food) intended for sale or distribution from a temporary food establishment is prohibited, unless
approved in advance by the Health Authority.
B. All foods that have been cooked and refrigerated must be thoroughly heated to 165˚F for 15
seconds within 30 minutes prior to being held or served.
C.
Steam tables, bainmaries, warmers, crockpots and similar facilities for holding hot foods
may not be used for the rapid reheating of potentially hazardous foods (time/temperature control
for safety food). Potentially hazardous foods which have been prepared by another food
establishment or food processing plant to be ready to eat and packaged in a container for
refrigeration must be marked by the manufacturer to indicate the date by which the food must be
sold, served or frozen:
A. within 10 calendar days after the original container is opened, or;
B. on or before the date by which the food must be sold or used, as indicated on the container,
whichever comes first. See Section “Ready-to-eat, potentially hazardous food (time/temperature
control for safety food) date marking”
170.410
Temporary food establishment, Ffood Pprotection.
1.
All food, kitchenware, single-service articles and tableware must be stored at least six
(6) inches off the ground. See Section “Food storage and dispensing”
2.
Food must be protected and/or shielded from contamination by methods approved by
the Health Authority.
230
Formatted: Indent: Left: 0.31", Space After:
6 pt, Numbered + Level: 1 + Numbering Style:
A, B, C, … + Start at: 1 + Alignment: Left +
Aligned at: 1.47" + Tab after: 1.72" + Indent
at: 1.72", Tab stops: Not at 1.72"
Formatted: Font: Not Bold
3.
All raw animal products or foods and fish shall be stored and prepared so they will not
contaminate other foods. See Section “Packaged and unpackaged food, separation,
packaging, and segregation”
A. A temporary food establishment must not operate during dust storms, wind storms, snow
storms, rain storms, infestations of insects or vermin or under any other circumstance when
protection of food cannot be ensured.
4.
9.
B.
Temporary food establishments that offer food samples must serve individual portions.
Common bowls are strictly prohibited.
5.
Packaged food may not be stored in direct contact with ice or water, if the food is
subject to entry of water because of the nature of its packaging, wrapping, or container
or its positioning in the ice or water. See Section “Storage or display of food in contact
with water or ice”
6.
Unpackaged food may not be stored in direct contact with ice, with the exceptions of
whole, raw fruits or vegetables or raw poultry or fish that are immersed in ice in
shipping containers or packaged from an approved manufacturer or distributor. See
Section “Storage or display of food in contact with water or ice”
7.
No live animals, birds or fowl shall be kept within fifty (50) feet of any area where
food is stored or offered for sale. This exclusion does not apply to edible fish,
crustaceans, shellfish, fish in aquariums, dogs used by peace officers in the
performance of their official duties, or service animals. See Section “Animals on
premises prohibited; exceptions”
8.
Food must be stored and prepared in such a manner as to preclude contamination
and/or infestation by insects or vermin.
Formatted: Indent: Left: 0.31", Space
Before: 6 pt, After: 6 pt, Numbered + Level:
3 + Numbering Style: A, B, C, … + Start at: 1
+ Alignment: Left + Aligned at: 2" + Tab
after: 2.25" + Indent at: 2.25", Tab stops:
0.56", List tab + Not at 2.25"
C.
Beverages stored in cooling ice are not allowed for self-service to the general public and
must be dispensed by the temporary food establishment operator.Wet storage of canned or
bottled beverage containers is acceptable when the water contains at least 10 mg/L (ppm) of
available chlorine and the water is changed frequently to keep it clean. Without the approved
level of sanitizer self-service to the general public is prohibited. Liquid wastewater from wet
storage of canned beverages must be disposed of in a manner that does not create a nuisance or
hazard to public health.
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering, Tab stops:
0.56", List tab + Not at 0.69" + 2.9"
D. All food must be protected from customer handling, coughing sneezing, or other contamination
by wrapping, the use of food shields, or other effective barriers, including but not limited to
containers that can be closed, covered or otherwise protected.
Formatted: Indent: Left: 0.31", Hanging:
0.25"
10. Condiments, seasonings and dressings for customers who serve themselves must be
provided in single packages, from approved dispensers, or from containers which are
protected from contamination by customers. See Section “Condiments, protection”
E. Condiments must be dispensed in single-service packaging, in pump-style dispensers, or in
protected squeeze bottles, shakers, or similar dispensers which prevent contamination of the food
items by food handlers, patrons, insects, or other sources.
11. Condiments provided at a table or counter must be individually portioned, except that
catsup and other sauces, if in dispenser type containers, may be served in the original
containers or in other approved dispensers that pour. See Section “Returned food and
re-service of food”
12. Sugar must be provided in single packages or in covered dispensers that pour. See
Section “Returned food and re-service of food”
231
Formatted: Space Before: 6 pt, After: 6 pt
Formatted: Indent: Left: 0.31", Hanging:
0.25", Space Before: 6 pt, After: 6 pt, Tab
stops: Not at 2.9"
13. Ice for customers must be dispensed only by employees using scoops, tongs or other
utensils that have been approved by the health authority or by automatic equipment.
Ice offered for sale must be packaged and labeled properly. See Section “Preparation
and service of ice”
14. Utensils used for dispensing ice must be stored on a clean surface and in a manner that
has been approved by the health authority or in the ice with the handles of the utensils
extended out of the ice. Receptacles used to transfer ice must be stored so that they are
protected from contamination when not in use. See Section “Preparation and service of
ice”
15. Only those items necessary for dispensing, packaging or transporting ice may be stored
on top of an ice machine. See Section “Preparation and service of ice”
16. Suitable dispensing utensils, adequate in number, must be used by employees when
serving food or provided to customers who serve themselves.
17. F.
When not being used to serve food, dispensing utensils must be:
A. 1.
Stored in the food with their handles of the utensil extended out above the top of the
food and the container;
B. 2.
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering, Tab stops:
Not at 0.69"
Clean and dry when stored; or
C. 3.
Stored in a solution of 50-200 mg/L (ppm) available chlorine which is changed at a
minimum of every 30 minutes or more often as otherwise necessary to ensure sanitization.
G. Personal clothing or belongings must be stored at a designated place away from the preparation
of food, foodservice, or warewashing areas.
18. If ladles and spatulas are used in other than dry foods, they must be stored in the food
with handles extending to the outside and the handles must not prevent the lid from
closing. See Section “In-use utensils, between-use storage”
19. Knives, forks and spoons packaged in bulk and designed for a single use must be
inserted into holders or be wrapped by an employee who has washed his hands
immediately before sorting or wrapping the utensils. Unless knives, forks and spoons
designed for a single use are pre-wrapped or prepackaged, holders must be provided
which protect these items from contamination and present the handle of the utensil to
the customer. See Section “Kitchenware and tableware”
20. Coated, shatterproof light bulbs or shielding designed to prevent broken glass from
falling onto unpackaged food must be used for all artificial lighting fixtures which are
located over, by or within facilities used for the storage, preparation, service and
display of food, for cleaning and storing utensils, equipment and linens, or for storing
unwrapped articles designed for a single service or single use See Section “Light
bulbs, protective shielding”
170.412
Service, storage and display of food: Potentially hazardous food kept at an internal
temperature above 40°F (4.44°C) or below 140°F (60°C). (NRS 439.150, 439.200,
446.940)
1. Potentially hazardous food may be kept at an internal temperature above 40°F
(4.44°C) or below 140°F (60°C) if held for no longer than the time limitations set
forth in this subsection. While being stored before cooking or while being served or
displayed for immediate service, potentially hazardous food may be kept at an internal
temperature above 40°F (4.44°C) or below 140°F (60°C) if:
232
Formatted: Indent: Left: 0.31", Tab stops:
0.56", List tab + Not at 1.13"
A. The food is cooked or served within 2 hours after the time its temperature
exceeds 40°F (4.44°C) or goes below 140°F (60°C);
B. The food is marked or otherwise identified with the hour of the day by which it
must be cooked, served or discarded; and cSee Sections “Hot and cold holding”
and “Time as a public health control”
170.415
Poisonous or Toxic Materials
1.
Only those poisonous or toxic materials approved for maintaining the establishment,
cleaning and sanitizing equipment and utensils and controlling insects and rodents
may be present in a temporary food establishment. See Section “Restriction”
2.
Poisonous or toxic materials must be kept in their original containers and must be
prominently labeled according to applicable federal and state laws and regulations.
See Section “Identifying information, prominence”
3.
Poisonous or toxic materials must be stored and physically separated by category. All
poisonous or toxic materials must be stored in cabinets or in a similar physically
separate place used for no other purpose. To prevent contamination of foods,
poisonous or toxic materials must not be stored above food, food equipment, utensils
or single-service articles. This requirement does not prohibit the placement and use of
detergents or sanitizers at utensil or dishwashing stations. See Section “Separation”
4.
Bactericides, cleaning compounds and other substances intended for use on food
contact surfaces must not be used in a way that leaves a toxic residue on such surfaces
or that constitutes a hazard to food handlers or patrons. Poisonous or toxic materials
must be utilized according to the manufacturer’s directions on the label at all times.
See Section “Conditions of use”
5.
Personal medications must not be stored in food storage, preparation or service areas.
See Section “Restriction and storage”
6.
First aid supplies must be stored in a way that prevents them from contaminating food
or food contact surfaces. See Section “First aid supplies and personal care items,
storage”
170.420
Temporary food establishment and special event, Hhandwashing Ffacilities.
1.
A. A handwashing facility must be readily accessible inside or directly adjacent to, but not
more than ten (10) feet from, the preparation area of a temporary food establishment. Temporary
food establishments without hot and cold running water must provide a container with a spigot or
other apparatus that will dispense water without continuous manual contact holding a minimum
of two (2) gallons of water for the purpose of handwashing. Wastewater generated must empty
into a spill-proof container.
2.
B.
3.
C.
Handwashing facilities will be required at special events when non-sewered toilets are used
and public restrooms for handwashing are not readily accessible. The number of handwashing
facilities will be determined by the Health Authority. Handwashing facilities must provide
potable water and be adequately serviced, stocked and maintained during the course of the event.
Pump soap and single-service towels must be available at the handwashing sink.
170.430
233
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering
Temporary food establishment and special event, Uutensil and Eequipment Ccleaning and
Ssanitizing.
1.
A. Foodservice utensils and tableware shall be washed, rinsed and sanitized as needed and
following each day of operation in a three (3)-compartment sink, or an approved mechanical
dishwasher. An adequate supply of clean and sanitary utensils shall be available for daily
operation. The practice of washing, rinsing and sanitizing in buckets is prohibited. Cutting boards
and utensils used to cut, slice or prepare potentially hazardous food (time/temperature control for
safety food) must be washed, rinsed and sanitized every two (2) hours. If facilities are not
available to accomplish this, extra cleaned and sanitized utensils and cutting boards shall be on
site for use.
2.
B.
At special events exceeding one (1) day in duration, a three (3)-compartment sink or an
approved dishwasher shall be provided by the event promoter for temporary food establishment
operators who do not have access to these facilities. The sink shall have hot and cold running
water. Utensils shall be thoroughly washed, rinsed, and sanitized in accordance with the
provisions of these regulations. in the first compartment, with a solution of detergent and hot
water (at least 110˚F) that is changed as necessary. Utensils shall be rinsed free of detergent and
abrasives with clean water in the second compartment. Utensils shall be sanitized using a
sanitizing solution, in accordance with the EPA-approved manufacturer’s label use instructions,
shall be used as follows:
A.
Formatted: Indent: Left: 0", First line: 0"
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering
Immersion of 1 minute in a clean solution containing chlorine or any other agent used
for sanitizing which is approved by the health authority and provides the equivalent
bactericidal effect of a solution containing at least 50 parts per million (ppm) of
available chlorine as a hypochlorite, at a temperature of at least 75°F (24°C). For
example, quaternary ammonium compounds must be at the concentration which is
indicated by the manufacturer’s instructions on the label.
B. A kit for testing or other device that accurately measures the concentration of the
sanitary solution in parts per million (ppm) shall be available and routinely used
to verify the sanitizing solution concentration.
3.C. Equipment and food surfaces that are too large for immersion in a three (3)-compartment sink
shall be sanitized by rinsing, spraying or swabbing with a sanitizing solution of 50-200 mg/L
(ppm) available chlorine. All bottles or containers of solutions used in this process must be
properly labeled as to their contents. Any solution or textiles used for this purpose must be
changed as needed to ensure appropriate concentration and application of sanitizer without
stagnation of the solution. Sanitization which is done in this manner must not be done during
food preparation on or near the equipment or food surface being sanitized or in any way
contaminate food with sanitizing solutions or chemical residues.
Formatted: Indent: Left: 0.31", Hanging:
0.25", Tab stops: 0.56", Left + Not at 1.19"
D. A kit for testing or other device that accurately measures the concentration of the sanitary
solution in mg/L (ppm) shall be available and routinely used to verify the sanitizing solution
concentration.
170.440
Temporary food establishment and special event, Ppotable Wwater.
A. An accessible potable water supply must be available for handwashing, cooking and cleaning
equipment and utensils.
1.
B.
The event promoter shall notify all temporary food establishment operators of the location
of potable water sources.
2.
C.
Non-potable water sources shall not be used within temporary food establishments or in
areas at special events where spray and/or flow may contaminate food sources. All water
connections and water service containers must be marked and clearly identifiable as to potable
and non-potable.
234
Formatted: Indent: Left: 0.31", Numbered +
Level: 5 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 3.38" +
Indent at: 3.63"
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering
3.
D. Any water source provided for an event outside the approved service connections located
on the event premises must be approved by the Health Authority prior to use.
4.
E.
Water haulers for special events must comply with Nevada Administrative Code (NAC)
Sections 445A.67275 through 445A.6731.Potable water may be provided to a temporary food
establishment or special event without a permanent water supply through a permitted potable
water hauler using an enclosed vehicular water tank.
5.
F.
Food grade hoses connected to public water sources must be equipped with an approved
backflow prevention device.
6.
G. Water lines or hoses and connections used to conduct potable water must not be used for
any other purpose. They must be clearly identified as potable water systems.
170.480
Temporary food establishment and special event, Lliquid Wwaste.
1.
A. The special event promoter must ensure that all wastewater generated at an event is
discharged to sanitary sewer. The dumping of wastewater into a storm drain is strictly prohibited.
Upon approval by the Health Authority and the local pre-treatment sewer discharge authority
water that is not contaminated may be discarded by other means.
2.
B.
Wastewater holding tanks are required for temporary food establishment operations, unless
a suitable alternative for collection of wastewater is provided. The Health Authority must
approve the alternative system prior to the event. The tanks must be readily accessible to
temporary food establishment employees for dumping of wastewater. In the event that
wastewater cannot be transported by the employees of a temporary food establishment, the
promoter shall be responsible for collecting the wastewater and ensuring proper disposal into
wastewater holding tanks and/or sanitary sewer. The tanks must be emptied at least daily or as
often as necessary to prevent overflowing, the development of odors, or the attraction of vermin.
3.
C.
Water lines or hoses used for the discharge of wastewater must not be used for any other
purpose. Hoses used to drain or flush the wastewater must be permanently and districtly labeled
for such use, used for no other purpose and stored in a manner that protects them from
contamination.
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering, Tab stops:
0.56", Left + Not at 1.13"
170.490
Temporary food establishment and special event, Ggrease and Ccooking Ooil Wwaste.
1.
A. Grease and waste cooking oil must be disposed in a manner approved by the Health
Authority. Disposal of grease or waste cooking oil to the sanitary sewer system or storm drain
system is prohibited. Wastewater must not be dumped into containers dedicated to grease and
cooking oil waste.
2.
B.
Disposal of grease or waste cooking oil on the ground is prohibited.
170.500
Temporary food establishment and special event, Nnon-sewered Ttoilets.
The special event promoter shall be required to provide non-sewered toilets at special events if there are
insufficient numbers of sewered toilets available. Approved toilet facilities shall be accessible and
available within 200 feet (61.5 meters) of any Temporary Ffood Eestablishment or as approved by the
Health Authority. Non-sewered toilets must be adequately serviced, stocked and maintained during the
course of the event. See Table 1 for the appropriate number of non-sewered toilets required for an event.
TABLE 1
235
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering
NON-SEWERED TOILETS – SPECIAL EVENTS
0-500
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
10,000
12,500
15,000
17,500
20,000
25,000
30,000
35,000
40,000
45,000
50,000
55,000
60,000
65,000
70,000
75,000
80,000
85,000
90,000
95,000
100,000
NUMBER OF
PEOPLE
1
2
2
4
4
6
5
6
6
9
8
13
12
15
12
15
12
18
12
20
15
25
18
31
20
38
22
44
25
50
38
69
46
82
53
96
61
109
68
123
76
137
83
150
91
164
98
177
106
191
113
205
121
218
128
232
136
246
143
259
151
273
3
4
8
9
12
16
20
23
26
30
38
47
56
66
75
99
119
139
158
178
198
217
237
257
277
296
316
336
356
375
395
NUMBER OF HOURS FOR EVENT
4
5
6
7
8
5
6
7
9
9
8
9
9
11
12
12
14
16
18
20
16
20
24
26
30
22
25
30
35
40
25
31
38
44
50
30
38
45
53
60
35
44
53
61
70
40
50
60
70
80
50
63
75
88
100
63
78
94
109
125
75
94
113
131
150
88
109
131
153
175
100
125
150
175
200
130
160
191
221
252
156
192
229
266
302
181
224
267
310
352
207
256
305
354
403
233
288
343
398
453
259
320
381
442
503
285
352
419
486
554
311
384
457
531
604
336
416
495
575
654
362
448
533
619
704
388
480
571
663
755
414
512
609
707
805
440
544
647
751
855
466
576
686
796
906
491
607
724
840
956
517
639
762
884
1006
9
10
13
23
34
45
56
68
79
90
113
141
169
197
225
282
339
395
452
508
564
621
677
734
790
846
903
959
1016
1072
1128
10
12
13
25
38
50
63
75
88
100
125
156
188
219
250
313
376
438
501
563
626
688
751
813
876
938
1001
1063
1126
1188
1251
Formatted: Font: Bold
170.510
Temporary food establishment and special event, non-sewered toilets, handwashing facilities
required.
A. Handwashing facilities shall be required at special events when non-sewered toilets are used.
B. Handwashing facilities shall be adequately serviced, stocked and maintained during the course of
the special event.
C. Handwashing facilities must be of adequate size and design to serve the public during the course
of a special event.
D. Each bank of non-sewered toilets must have a portable handwashing facility that is accessible
and provided with:. The portable handwashing facility shall be provided with
1.
pPotable running water that drains to an enclosed wastewater tank,
2.
lLiquid soap,
3.
dDisposable towels; and
4.
aA trash receptacle for waste.
Formatted: Font: Bold
Formatted: Indent: Left: 0.31", Space After:
6 pt, Numbered + Level: 6 + Numbering Style:
A, B, C, … + Start at: 1 + Alignment: Left +
Aligned at: 3.06" + Indent at: 3.31"
Formatted: Indent: Left: 0.31", Numbered +
Level: 6 + Numbering Style: A, B, C, … + Start
at: 1 + Alignment: Left + Aligned at: 3.06" +
Indent at: 3.31"
Formatted: Indent: Left: 0.31", Space After:
6 pt, Numbered + Level: 6 + Numbering Style:
A, B, C, … + Start at: 1 + Alignment: Left +
Aligned at: 3.06" + Indent at: 3.31"
Formatted: Indent: Left: 0.56", Space After:
6 pt, Numbered + Level: 2 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left +
Aligned at: 2" + Tab after: 2.25" + Indent at:
2.25", Tab stops: 0.81", List tab
236
E. The wWastewater tanks, soap and towel dispensers and waste receptacles must be attached to the
handwashing facility in a manner allowing for ease of use.
F.
An additional portable handwashing facility shall be provided for each incremental increase of
twenty (20) or more non-sewered toilets per bank.
Formatted: Indent: Left: 0.31", Space After:
6 pt, Numbered + Level: 6 + Numbering Style:
A, B, C, … + Start at: 1 + Alignment: Left +
Aligned at: 3.06" + Indent at: 3.31"
170.530
Temporary food establishment and special event, Ssolid Wwaste.
1.
A. Special event promoters shall provide a solid waste management plan in writing with
detailed information as to the method of solid waste storage, handling and removal for a special
event. Solid waste shall be handled in accordance with these regulations and the District Board of
Health Regulations Governing Solid Waste Management.
2.
B.
All solid waste generated at a special event or at a temporary food establishment shall be
disposed of in leak- proof containers. Solid waste shall be collected and dumpsters shall be
emptied as often as necessary to prevent an excessive accumulation of solid waste.
3.
C.
Putrescible waste shall be disposed frequently enough to prevent odors and/or attraction for
vermin.
4.
D. The special event promoter shall provide for the removal of any solid waste scattered on
the event premises or on other premises as a result of event activities. The special event promoter
is also required to provide removal of such wastes at the conclusion of the event.
5.
E.
The special event promoter is responsible for developing and implementing a resource
recovery plan. At any event where attendance is expected to exceed 5,000 persons per day, a
resource recovery plan shall be implemented. Cardboard, glass, plastic bottles (PTE) and
aluminum generated at an event of this size shall be collected and recycled.
170.600
Operation of Ttemporary Ffood Eestablishment, operation without Ppermit Iissued by Health
Authority.
Temporary food establishment operators who are found operating without a valid health permit will be
required to cease food operations immediately until a valid health permit is obtained. Failure to comply
shall result in a written notice of violation and possible subsequent legal action taken by the Health
Authority.
170.700
Temporary food establishment and special event, Iinspections.
The Health Authority, after proper identification, must be permitted to enter, at any
reasonable time, any food establishment within the state for the purpose of making an
inspection to determine compliance with NRS Chapter 446 and this regulation. He must be
permitted to examine the records of an establishment to obtain pertinent information
pertaining to food and supplies purchased, received or used, and persons employed.
Whenever the Health Authority makes an inspection of a food establishment, he shall
record his findings on an inspection report form provided for this purpose. The Health
Authority shall furnish the original of the inspection report form to the permit holder,
operator or the designated person in charge. The form must summarize the requirements of
NRS Chapter 446 and this regulation.
Inspections may be conducted during event, pre-event and post-event hours to ensure compliance with the
requirements of these regulations. If the Health Authority suspects that a hazardous condition exists with
237
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering, Tab stops:
0.56", List tab
Formatted: Indent: Left: 0", First line: 0"
food intended for the public or with public safety in a temporary food establishment or annual sampling
operation, he or she may enter at any time to ensure that such conditions are abated. Written notice that
inspections will be conducted outside of normal operating hours will be provided to the temporary food
establishment operator or the event promoter prior to the event.
170.705
Temporary food establishment, Eexamination and Ccondemnation of Ffood.
Food which, upon inspection of a temporary food establishment by the Health Authority, is determined to
have been potentially adulterated or for any reason may present a substantial risk to public health, shall be
condemned. Food that has been condemned may be voluntarily destroyed and discarded by the
establishment operator in the presence of the Health Authority or otherwise placed on hold under the
following provisions of NRS 446.920: as specified in these regulations.
1.
Food may be examined or sampled by the Health Authority as often as may be
necessary to determine freedom from adulteration or misbranding. The Health
Authority may, upon written notice to the owner or person in charge, place a hold
order on any food that he determines is or has probable cause to believe to be
unwholesome or otherwise adulterated or misbranded.
2.
Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful
for any person to remove or alter a hold order, notice or tag placed on food by the
Health Authority. Neither such food nor the containers thereof shall be relabeled,
repacked, reprocessed, altered, disposed or destroyed without permission of the
Health Authority, except by order of a court of competent jurisdiction.
3.
After the owner or person in charge has had a hearing, as provided in NRS 446.895,
and, on the basis of evidence produced at such a hearing , or on the basis of his
examination in the event a written request for a hearing is not received within ten (10)
days, the Health Authority may vacate the hold order, or may, by written order, direct
the owner or person in charge of the food that was placed under the hold order to
denature or destroy such food or to bring it into compliance with the provisions of this
regulation. The order of the Health Authority to denature or destroy such food or
bring it into compliance with the provisions of this regulation shall be stayed if the
order is appealed to a court of competent jurisdiction within three (3) days.
Formatted: Indent: Left: 0", First line: 0",
Space Before: 6 pt
170.710
Temporary food establishment and special event, Ccompliance and enforcement.
1.
A. In addition to these regulations a temporary food establishment shall comply with all the
provisions of NRS Chapter 446 and any other District Board of Health regulations, which are
applicable to its operation. The Health Authority may:
A. 1.
Formatted: Space Before: 6 pt
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering
Augment such requirements when needed to assure the service of safe food;
B. 2.
Prohibit the sale of certain potentially hazardous food (time/temperature control for
safety food); and/or
C. 3.
Modify specific requirements for physical facilities when, in his opinion, no
imminentsubstantial health hazard will result.
B. Operators of temporary food establishments are subject to enforcement actions as outlined in
these regulations and NRS 446.
170.720
238
Formatted: Indent: Left: 0.31", Hanging:
0.25"
Temporary food establishment and special event, Ssuspension or Rrevocation of Temporary Food
Ppermit and Rreinstatement.
1.
A. Whenever the Health Authority finds an unsanitary or other condition at a special event or
in the operation of a temporary food establishment which, in his judgment, constitutes a
substantial hazard to the public health, he may, without warning, notice or hearing, issue a
written Notice of Violation (NOV) to the permit holder or operator citing the condition and
specifying the time in which the corrective action must be taken. The specified period must not
be more than 24 hours.
2.
B.
The order may state that the permit is immediately suspended and all food operations must
be immediately discontinued. Any person to whom such a NOV is issued shall comply with it
immediately. Upon written petition to the Health Authority, the person must be afforded a
hearing as soon as possible.
3.
C.
A re-inspection will be conducted to determine compliance with the correction notification.
The temporary food establishment permit will be reinstated only after violations have been
corrected.
4.
D. A temporary food establishment permit to operate shall be revoked in accordance with the
compliance procedures outlined in Section 190 of these regulations.
170.730
Temporary food establishment, Ffailure to Ccomply.
After the Health Authority has notifiedcation to the owner, operator or person- in- charge of a temporary
food establishment by the Health Authority of any violation to these regulations, it shall be unlawful for
that person to refuse or fail to correct these violations within the time limits set in theis notice.
170.800
Temporary food establishment, Iinterference with Pperformance of Dduty.
No person shall refuse entry or access to the Health Authority who, upon presentation of appropriate
credentials, requests to inspect any temporary food establishment, or any related facility of that temporary
food establishment, for the purpose of ascertaining compliance with these regulations. Per NRS 446.885(3),
it is unlawful for any person to interfere with the Health Authority in the performance of his duties.
170.900
Food Borne Illness/Food Related Injury
1.
When a food borne illness or food related injury is reported to any employee of a
temporary food establishment, the employee shall notify the operator of the
establishment immediately of the report. The operator must immediately report the
incident to the Health Authority and remove from sale and refrigerate any suspect
foods until released by the Health Authority. See Section “Employee health
restrictions, exclusions, reporting, notification, highly susceptible populations, aiding
investigations, and return to work”
2.
When the Health Authority suspects that a special event, temporary food establishment
or its employees may be the source of disease, he shall take appropriate action to
control transmission of the disease. Such action may include, but is not limited to, any
or all of the following:
A. Secure records that may enable identification of persons potentially exposed to the
disease, and/or requiring additional assistance in locating such persons. This
includes records of hotels, motels, or other facilities on whose premises the
temporary food establishment is operating;
239
Formatted: Indent: Left: 0", First line: 0"
Formatted: Indent: Left: 0.31", Hanging:
0.25", No bullets or numbering
B. Obtain samples of any suspect food for laboratory examination;
C. Require the destruction of suspect food or preventing the suspect food from being
served until such time as the food has been deemed safe for human consumption;
D. Require implementation of environmental controls to reduce the potential exposure
of the public to environmental contaminants or injuries resulting from existing
conditions at a special event or in a temporary
food establishment. See
Section “Applicable requirements” and “Employee health, restrictions, exclusions,
reporting, notification, highly susceptible populations, aiding investigations, and
return to work”
Reference NRS 446
DEFINITIONS
NRS 446.017 “Food” defined. “Food” means any food, drink, confection or beverage, or any
component in the preparation or manufacture thereof, intended for ultimate human consumption,
stored, being prepared or manufactured, displayed, offered for sale, sold, or served in a food
establishment.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1969, 803)—(Substituted in revision for NRS
446.040)
NRS 446.020 “Food establishment” defined.
1. Except as otherwise limited by subsection 2, “food establishment” means any place, structure,
premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human
consumption is manufactured or prepared by any manner or means whatever, or in which any food
is sold, offered or displayed for sale or served.
2. The term does not include:
(a) Private homes, unless the food prepared or manufactured in the home is sold, or offered or
displayed for sale or for compensation or contractual consideration of any kind;
(b) Fraternal or social clubhouses at which attendance is limited to members of the club;
(c) Vehicles operated by common carriers engaged in interstate commerce;
(d) Any establishment in which religious, charitable and other nonprofit organizations sell food
occasionally to raise money or in which charitable organizations receive salvaged food in bulk
quantities for free distribution, unless the establishment is open on a regular basis to sell food to
members of the general public;
(e) Any establishment where animals are slaughtered which is regulated and inspected by the State
Department of Agriculture;
(f) Dairy farms and plants which process milk and products of milk or frozen desserts which are
regulated under chapter 584 of NRS; or
(g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS
who handles only alcoholic beverages which are in sealed containers.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1960, 295; 1963, 758; 1969, 803, 991; 1973, 1164;
1981, 697; 1985, 901; 1991, 286; 1993, 1624; 1999, 3624; 2001, 1504)
NRS 446.030 “Food handler” defined.
1. “Food handler” means any person employed in or operating a food establishment, whether that
person is an employer, employee or other natural person, who handles, stores, transports, prepares,
manufactures, serves or sells food, or who comes in contact with eating or cooking utensils or
other equipment used in the handling, preparation, manufacture, service or sale of food.
2. The term does not include a person who:
(a) Only handles, stores, transports, sells or otherwise comes in contact with food that is sealed and
packaged for sale directly to the consumer;
240
(b) If the food is potentially hazardous food, handles the food only occasionally and incidentally to
his responsibilities or employment, and such handling is not part of his regularly scheduled
responsibilities or employment; or
(c) Is providing services as a cashier, salesperson, stock clerk, warehouse or dockworker, delivery
person or maintenance staff or providing services in a similar position with limited food-handling
responsibility.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1969, 803; 2001, 1505; 2003, 595; 2007, 2175)
NRS 446.035 “Food processing establishment” defined. “Food processing establishment” means a
commercial establishment in which food is processed or otherwise prepared and packaged for
human consumption.
(Added to NRS by 1969, 816)
NRS 446.050 “Health authority” defined. “Health authority” means the officers and agents of the
Health Division of the Department of Health and Human Services, or the officers and agents of the
local boards of health.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1963, 311, 758; 1969, 803; 1973, 1406)
NRS 446.053 “Misbranded” defined. “Misbranded” means the presence of any written, printed or
graphic matter, upon or accompanying food or containers of food, which is false or misleading or
which violates any applicable state or local labeling requirements.
(Added to NRS by 1969, 816)
NRS 446.057 “Potentially hazardous food” defined. “Potentially hazardous food” has the meaning
ascribed to it in subpart 1-201 of the 1999 edition of the Food Code published by the Food and
Drug Administration of the United States Department of Health and Human Services, unless the
Administrator of the Health Division of the Department of Health and Human Services has
adopted a later edition of the Food Code for this purpose.
(Added to NRS by 2003, 594)
NRS 446.067 “Temporary food establishment” defined. “Temporary food establishment” means
any food establishment which operates at a fixed location for a temporary period of time, not to
exceed 2 weeks, in connection with a fair, carnival, circus, public exhibition, celebration or
similar transitory gathering.
(Added to NRS by 1969, 817)
NRS 446.069 “Wholesome” defined. “Wholesome” means in sound condition, clean, free from
adulteration, and otherwise suitable for use as human food.
(Added to NRS by 1969, 817)
FACILITIES AND OPERATIONS
NRS 446.841 Use of sawdust on floors in retail meat, poultry and fish markets. A food
establishment engaged in the cutting and packaging of meat, poultry or fish for retail sale may use
sawdust on the floors in that area of such establishment not visited by the public if:
1. Such sawdust is treated in a manner approved by the Health Division of the Department of
Health and Human Services; and
2. The floors are cleaned and fresh sawdust is used daily.
(Added to NRS by 1971, 151; A 1973, 1406)
NRS 446.842 Food establishments which sell alcoholic beverages for consumption on premises
required to post signs concerning birth defects; exception.
1. Except as otherwise provided in subsection 5, each food establishment in which alcoholic
beverages are sold by the drink for consumption on the premises shall post at least one sign that
meets the requirements of this section in a location conspicuous to the patrons of the
establishment. The conspicuous location described in this subsection may include, without
limitation, a women’s restroom that is located within the establishment.
241
2. Each sign required by subsection 1 must be not less than 8 1/2 by 11 inches in size and must
contain a notice in boldface type that is clearly legible and, except as otherwise provided in
paragraph (a) of subsection 4, in substantially the following form:
HEALTH WARNING
Drinking wine, beer and other alcoholic beverages during pregnancy can cause birth defects.
¡ADVERTENCIA!
El consumo de vino, cerveza y otras bebidas alcohólicas durante el embarazo puede causar defectos
físicos y/o mentales en el feto.
3. The letters in the words “HEALTH WARNING” and “¡ADVERTENCIA!” in the sign must be
written in not less than 40-point type, and the letters in all other words in the sign must be written
in not less than 30-point type.
4. The Health Division of the Department of Health and Human Services may:
(a) Provide by regulation for one or more alternative forms for the language of the warning to be
included on the signs required by subsection 1 to increase the effectiveness of the signs. Each
alternative form must contain substantially the same message as is stated in subsection 2.
(b) Solicit and accept the donation of signs that satisfy the requirements of this section from a
nonprofit organization or any other source. To the extent that such signs are donated, the Health
Division shall distribute the signs upon request to food establishments that are required to post the
signs.
5. A food establishment is not required to post the sign otherwise required by this section if the food
establishment provides to its patrons a food or drink menu that contains a notice, in boldface type
that is clearly legible and not less than the size of the type used for the items on the menu, in
substantially the same form and language as is set forth in subsection 2 or authorized pursuant to
paragraph (a) of subsection 4.
6. As used in this section, “alcoholic beverage” means:
(a) Beer, ale, porter, stout and other similar fermented beverages, including, without limitation, sake
and similar products, of any name or description containing one-half of 1 percent or more of
alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute
therefor.
(b) Any beverage obtained by the fermentation of the natural content of fruits or other agricultural
products containing sugar, of one-half of 1 percent or more of alcohol by volume.
(c) Any distilled spirits commonly referred to as ethyl alcohol, ethanol or spirits of wine in any
form, including, without limitation, all dilutions and mixtures thereof from whatever process
produced.
(Added to NRS by 2003, 1361)
NRS 446.846 Certain employees of food establishments required to wear hair net or other suitable
covering to confine hair. The State Board of Health shall adopt reasonable rules and regulations
requiring that any person employed in the preparation or service of food or beverages to patrons
on the premises of a food establishment, or who comes in contact with eating or cooking utensils
used for such service, whose hair length exceeds specified limits shall wear a hair net, cap or other
suitable covering which confines the hair while such person is engaged in the performance of his
duties. Such rules and regulations shall specify the minimum hair length to which such
requirement applies.
(Added to NRS by 1973, 1055)
TEMPORARY FOOD ESTABLISHMENTS
NRS 446.865 Compliance with chapter; powers of health authority. A temporary food
establishment shall comply with all the provisions of this chapter which are applicable to its
operation. The health authority may:
1. Augment such requirements when needed to assure the service of safe food.
2. Prohibit the sale of certain potentially hazardous food.
242
3. Modify specific requirements for physical facilities when in his opinion no imminent health
hazard will result.
(Added to NRS by 1963, 753; A 1969, 810)
PROVISIONS FOR ENFORCEMENT
NRS 446.870 Prohibited acts: Operation of food establishment without valid permit issued by
health authority; sale, offer or display for consideration of food prepared in private home without
valid permit issued by health authority; exemptions.
1. Except as otherwise provided in this section, it is unlawful for any person to operate a food
establishment unless he possesses a valid permit issued to him by the health authority.
2. The health authority may exempt a food establishment from the provisions of this chapter if the
health authority determines that the food which is sold, offered or displayed for sale, or served at
the establishment does not constitute a potential or actual hazard to the public health.
3. Food that is prepared in a private home and given away free of charge or consideration of any
kind is exempt from the provisions of this chapter, unless it is given to a food establishment.
4. Except as otherwise provided in subsection 5, food that is prepared in a private home must not be
sold, or offered or displayed for sale or for compensation or contractual consideration of any kind,
unless the person preparing the food possesses a valid permit issued to him by the health authority
for that purpose.
5. A religious, charitable or other nonprofit organization may, without possessing a permit from the
health authority, sell food occasionally to raise money, whether or not the food was prepared in a
private home, if the sale occurs on the premises of the organization. If the sale is to occur off the
premises of the organization, a permit from the health authority is required unless an exemption is
granted pursuant to subsection 2.
(Added to NRS by 1963, 753; A 1969, 810; 1987, 382; 2001, 1505)
NRS 446.875 Issuance of permit.
1. Any person desiring to operate a food establishment must make written application for a permit
on forms provided by the health authority. The application must include:
(a) The applicant’s full name and post office address.
(b) A statement whether the applicant is a natural person, firm or corporation, and, if a partnership,
the names of the partners, together with their addresses.
(c) A statement of the location and type of the proposed food establishment.
(d) The signature of the applicant or applicants.
2. An application for a permit to operate a temporary food establishment must also include the
inclusive dates of the proposed operation.
3. Upon receipt of such an application, the health authority shall make an inspection of the food
establishment to determine compliance with the provisions of this chapter. When inspection
reveals that the applicable requirements of this chapter have been met, the health authority shall
issue a permit to the applicant.
4. A permit to operate a temporary food establishment may be issued for a period not to exceed 14
days.
5. A permit issued pursuant to this section:
(a) Is not transferable from person to person or from place to place.
(b) Must be posted in every food establishment.
(Added to NRS by 1963, 753; A 1969, 811; 1987, 383)
NRS 446.877 City or county business license must not be issued until permit issued by health
authority. No license under any license ordinance of city, county or other licensing authority shall
be issued for the operation of a food establishment to any person owning or operating such food
establishment unless the permit required by this chapter has first been granted by the health
authority.
[14:116:1943; 1943 NCL § 5319.13]—(NRS A 1963, 759; 1969, 804)—(Substituted in revision for
NRS 446.190)
NRS 446.880 Suspension or revocation of permit; reinstatement of suspended permit; hearing.
243
1. Permits issued under the provisions of this chapter may be suspended temporarily by the health
authority for failure of the holder to comply with the requirements of this chapter.
2. Whenever a permit holder or operator has failed to comply with any notice issued under the
provisions of this chapter, the permit holder or operator must be notified in writing that the permit
is, upon service of the notice, immediately suspended or that the establishment is downgraded if
that is the case. The notice must also contain a statement informing the permit holder or operator
that an opportunity for a hearing will be provided if a written request for a hearing is filed by him
with the health authority.
3. Whenever the health authority finds an insanitary or other condition in the operation of a food
establishment which, in his judgment, constitutes a substantial hazard to the public health, he may
without warning, notice or hearing issue a written order to the permit holder or operator citing the
condition, specifying the corrective action to be taken, and specifying the time within which the
action must be taken. The order may state that the permit is immediately suspended and all food
operations must be immediately discontinued. Any person to whom such an order is issued shall
comply with it immediately. Upon written petition to the health authority, the person must be
afforded a hearing as soon as possible.
4. Any person whose permit has been suspended may, at any time, make application for a
reinspection for reinstatement of the permit. Within 10 days following receipt of a written request,
including a statement signed by the applicant that in his opinion the conditions causing suspension
of the permit have been corrected, the health authority shall make a reinspection. If the applicant is
complying with the requirements of this chapter, the permit must be reinstated.
5. For serious or repeated violations of any of the requirements of this chapter or for interference
with the health authority in the performance of his duties, the permit may be permanently revoked
after an opportunity for a hearing has been provided by the health authority. Before taking such an
action, the health authority shall notify the permit holder in writing, stating the reasons for which
the permit is subject to revocation and advising the permit holder of the requirements for filing a
request for a hearing. A permit may be suspended for cause pending its revocation or a hearing
relative thereto.
6. The health authority may permanently revoke a permit after 5 days following service of the
notice unless a request for a hearing is filed with the health authority by the permit holder within 5
days.
7. The hearings provided for in this section must be conducted by the health authority at a time and
place designated by him. Based upon the record of the hearing, the health authority shall make a
finding and may sustain, modify or rescind any official notice or order considered in the hearing.
A written report of the hearing decision must be furnished to the permit holder by the health
authority.
(Added to NRS by 1963, 754; A 1969, 811; 1981, 604; 1985, 292)
NRS 446.883 Revocation of city or county business license if permit issued by health authority
revoked.
1. A license to operate a food establishment issued by any licensing authority to a person owning or
operating such food establishment shall be revoked when such person’s permit has been revoked
by the health authority, and no new license may be issued until such person again possesses an
unrevoked permit from the health authority.
2. Licensing authorities shall be notified by the health authority of the revocation of any permit.
[15:116:1943; 1943 NCL § 5319.14]—(NRS A 1969, 804)—(Substituted in revision for NRS
446.200)
NRS 446.885 Inspection of food establishment.
1. At least once every year, the health authority shall inspect each food establishment located in the
State.
2. He shall make as many additional inspections and reinspections as are necessary for the
enforcement of this chapter.
3. It is unlawful for any person to interfere with the health authority in the performance of his
duties.
(Added to NRS by 1963, 755; A 1969, 812)
244
NRS 446.890 Access to food establishment; form for inspection report.
1. The health authority, after he has properly identified himself, must be permitted to enter, at any
reasonable time, any food establishment within the State for the purpose of making any inspection
to determine compliance with this chapter. He must be permitted to examine the records of the
establishment to obtain pertinent information pertaining to food and supplies purchased, received
or used, and persons employed.
2. Whenever the health authority makes an inspection of a food establishment, he shall record his
findings on an inspection report form provided for this purpose. The health authority shall furnish
the original of the inspection report form to the permit holder or operator. The form must
summarize the requirements of this chapter.
(Added to NRS by 1963, 755; A 1969, 812; 1981, 605)
NRS 446.895 Issuance of notice. Except as otherwise provided in subsection 3 of NRS 446.880,
whenever the health authority makes an inspection of a food establishment and discovers that any
of the requirements of this chapter have been violated, he shall notify the permit holder or operator
of the violations by means of an inspection report form or other written notice. The notice must:
1. Set forth the specific violations found;
2. Establish a specific and reasonable time for the correction of those violations;
3. In the case of temporary food establishments, state that the violations must be corrected within a
specified period which must not be more than 24 hours. Failure to comply with the notice results
in immediate suspension of the permit;
4. State that failure to comply with the requirements of any notice issued in accordance with the
provisions of this chapter may result in immediate suspension of the permit or in downgrading of
the establishment; and
5. State that an opportunity for appeal from any notice or inspection findings will be provided if a
written request for a hearing is filed with the health authority within the period established in the
notice for correction.
(Added to NRS by 1963, 755; A 1969, 813; 1981, 605)
NRS 446.900 Service of notice. Notices provided for in NRS 446.895 shall be deemed to have
been properly served when the original of the inspection report form or other notice has been
delivered personally to the permit holder or person in charge, or such notice has been sent by
registered or certified mail, return receipt requested, to the last known address of the permit
holder. A copy of such notice shall be filed with the records of the health authority.
(Added to NRS by 1963, 756)
NRS 446.920 Examination and condemnation of food.
1. Food may be examined or sampled by the health authority as often as may be necessary to
determine freedom from adulteration or misbranding. The health authority may, upon written
notice to the owner or person in charge, place a hold order on any food which he determines is or
has probable cause to believe to be unwholesome or otherwise adulterated or misbranded.
2. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any
person to remove or alter a hold order, notice or tag placed on food by the health authority. Neither
such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of
or destroyed without permission of the health authority, except by order of a court of competent
jurisdiction.
3. After the owner or person in charge has had a hearing as provided for in NRS 446.895, and on
the basis of evidence produced at such hearing, or on the basis of his examination in the event a
written request for a hearing is not received within 10 days, the health authority may vacate the
hold order, or may by written order direct the owner or person in charge of the food which was
placed under the hold order to denature or destroy such food or to bring it into compliance with
the provisions of this chapter. Such order of the health authority to denature or destroy such food
or bring it into compliance with the provisions of this chapter shall be stayed if the order is
appealed to a court of competent jurisdiction within 3 days.
(Added to NRS by 1963, 757; A 1969, 814)
245
NRS 446.925 Food establishment outside jurisdiction of health authority. Food from food
establishments outside the jurisdiction of the health authority of the State of Nevada may be sold
within the State of Nevada if such food establishments conform to the provisions of this chapter or
to substantially equivalent provisions. To determine the extent of compliance with such
provisions, the health authority may accept reports from responsible authorities in the jurisdictions
where such food establishments are located.
(Added to NRS by 1963, 757; A 1969, 814)
NRS 446.930 Review of plan for construction or remodeling of food establishment. If, after April
18, 1963, a food establishment is constructed or extensively remodeled, or if an existing structure
is converted for use as a food establishment, properly prepared plans and specifications for such
construction, remodeling or alteration showing layout, arrangement and construction materials of
work areas and the location, size and type of fixed equipment and facilities shall be submitted to
the health authority for approval before such work is begun. Where full-time city, county or
district health departments exist, such plans and specifications shall be submitted to such health
authorities for approval before such work is begun.
(Added to NRS by 1963, 757; A 1969, 814)
NRS 446.935 Procedure if infection of food handler is suspected.
1. When the health authority has reasonable cause to suspect the possibility of disease transmission
from any food handler of a food establishment, the health authority shall secure a morbidity
history of the suspected food handler, or make such other investigation as may be indicated, and
take appropriate action.
2. The health authority may require any or all of the following measures:
(a) The immediate exclusion of the food handler from all food establishments.
(b) The immediate closure of the food establishment concerned until, in the opinion of the health
authority, no further danger of disease outbreak exists.
(c) Restriction of the food handler’s services to some area of the establishment where there would be
no danger of transmitting disease.
(d) Adequate medical and laboratory examinations of the food handler, of other food handlers and of
his and their body discharges.
(Added to NRS by 1963, 757; A 1969, 815)
NRS 446.940 Enforcement.
1. Except as provided in subsection 2, this chapter must be enforced by the health authority in
accordance with regulations hereby authorized to be adopted by the State Board of Health to carry
out the requirements of this chapter.
2. A local board of health may adopt such regulations as it may deem necessary to carry out the
requirements of this chapter. Such regulations:
(a) Become effective when approved by the State Board of Health;
(b) Must be enforced by the health authority; and
(c) Supersede the regulations adopted by the State Board of Health pursuant to subsection 1.
3. All sheriffs, constables, policemen, marshals and other peace officers shall render such services
and assistance to the health authority in regard to enforcement as he may request.
(Added to NRS by 1963, 758; A 1969, 815; 1981, 606)
NRS 446.941 Inapplicability of certain regulations to child care facilities with limited menus.
1. Any regulation adopted by the State Board of Health or a local board of health pursuant to NRS
446.940 that establishes a standard for the construction of a food establishment or the equipment
required to be present in a food establishment shall not apply to any child care facility that limits
its menu to:
(a) Food that does not constitute a potential or actual hazard to the public health; and
(b) Potentially hazardous food that has been:
(1) Commercially prepared and precooked; or
(2) Pasteurized.
2. As used in this section, “child care facility” includes:
246
(a) A child care facility licensed pursuant to chapter 432A of NRS; or
(b) A child care facility licensed by a city or county.
(Added to NRS by 2003, 594)
NRS 446.943 Prosecution by district attorney. The district attorney of each county shall prosecute
any person who violates any provision of this chapter or any provision of the regulations of the
State Board of Health or the local board of health adopted pursuant to this chapter.
[Part 21:116:1943; 1943 NCL § 5319.20]—(NRS A 1963, 760; 1969, 807; 1981, 606)
NRS 446.945 Penalties. Any person who violates any of the provisions of this chapter is guilty of a
misdemeanor. In addition thereto, such persons may be enjoined from continuing such violations.
Each day upon which such a violation occurs shall constitute a separate violation.
(Added to NRS by 1963, 758; A 1969, 815)
VENDING MACHINE OPERATIONS
Vending machines, applicable requirements.
Vending machines and vending machine locations must comply with all applicable requirements of these
regulations. When facilities or equipment are inadequate to protect the public health, the Health Authority
may impose operational and/or menu restrictions on a vending machine or vending machine location to
protect against potential health hazards.
Vending machines, permit to operate.
A. Any person desiring to operate a vending machine that dispenses potentially hazardous food
(time/temperature control for safety food) must make written application for a permit to operate a
vending machine location on forms provided by the Health Authority.
B. Unless the Health Authority determines that the information is not relevant, applicants desiring to
operate a vending machine location must include the following information on forms approved
by the Health Authority:
1.
A menu of the food to be dispensed from the machines;
2.
The proposed location of any machine that dispenses potentially hazardous food
(time/temperature control for safety food);
3.
A cleaning and servicing schedule; and
4.
The proposed storage location of back-up food stocks used to refill the machines.
C. Upon written application, the Health Authority shall make an inspection of the vending machine
location and the vending machine(s) installed at the location to determine compliance with these
regulations. When the inspection reveals that the applicable requirements of these regulations have
been met, the Health Authority shall issue a permit to operate the vending machines at the
specified vending machine location and affix a Washoe County Health District approval sticker to
the machines.
Vending machines, identification.
The company name and telephone number of the operator of the vending machine, the health permit
number, and the vending unit number must be prominently displayed on the vending machine.
247
Vending machines, construction.
A. All vending machine units used for the display or sale of potentially hazardous food
(time/temperature control for safety food) must be constructed and certified according to
NSF/ANSI or National Automatic Merchandising Association, and may not be modified.
B. All door and panel openings to the spaces of vending machines used for food and container
storage must fit tightly and be sealed with gaskets if necessary to prevent the entrance of dust,
moisture, insects and rodents.
C. Ventilation openings of vending machines must be covered with screening material that has 16
mesh to the inch or equivalent.
D. Screening material for openings into the condenser units of vending machines must not be less
than 8 mesh to the inch. All condenser units must be separated from the food and container
storage space and sealed from that space.
E. All vending machines must be constructed to facilitate cleaning under the machine.
Vending machines, automatic shutoff.
A. A machine vending potentially hazardous food (time/temperature control for safety food) must
have an automatic control that prevents the machine from vending food:
1.
If there is a power failure, mechanical failure, or other condition that results in an internal
machine temperature that cannot maintain food at safe temperatures as specified in these
regulations; and
2.
If a condition specified under Subsection A of this section occurs, until the machine is
serviced and restocked with food that has been maintained at safe temperatures.
B. When the automatic shutoff within a machine vending potentially hazardous food
(time/temperature control for safety food) is activated:
1.
In a refrigerated vending machine, the ambient temperature may not exceed 41°F (5°C) for
more than 30 minutes immediately after the machine is filled, serviced, or restocked; or
2.
In a hot holding vending machine, the ambient temperature may not be less than 135°F
(57°C) for more than 120 minutes immediately after the machine is filled, serviced, or
restocked.
Vending machines, can openers.
Cutting or piercing parts of can openers on vending machines must be protected from manual contact, dust,
insects, rodents, and other contamination.
Vending machines, receptacles for trash.
Trash receptacles must be provided in the vicinity of each vending machine or group of vending machines,
but not within the vending machine. The receptacles must close automatically, must be leak-proof, easily
cleaned, insect proof and rodent proof, and must be cleaned daily to prevent the attraction of insects and
rodents.
248
Formatted: Indent: Left: 0.56", Hanging:
0.25", Line spacing: Multiple 1.15 li, Outline
numbered + Level: 3 + Numbering Style: 1, 2,
3, … + Start at: 1 + Alignment: Left + Aligned
at: 1" + Tab after: 1.5" + Indent at: 1.5",
Tab stops: 0.31", List tab + 0.81", List tab +
Not at 1.5"
Formatted: Line spacing: Multiple 1.15 li,
Tab stops: 0.81", List tab
Vending machines, potentially hazardous food (time/temperature control for safety food).
A. Potentially hazardous food (time/temperature control for safety food) offered for sale through
vending machines must be dispensed to the consumer in the individual, original container or
package into which it was placed at:
1.
A food establishment having a permit issued by the Health Authority; or
2.
The plant of the manufacturer or processor.
B. Vending machines which dispense potentially hazardous food (time/temperature control for
safety food) must be provided with adequate refrigerating or heating units and thermostatic
controls which ensure the maintenance of refrigerated foods at a temperature of 41°F (5°C) or
below and hot foods at a temperature of 135°F (57°C) or above.
C. Potentially hazardous food (time/temperature control for safety food) which fails to conform to
the requirements of this section must be removed from the vending machine, rendered unusable
for human consumption and properly discarded.
Vending machines, containers for storage of food.
A.
Non-pressurized containers used for the storage of food sold through vending machines,
including potable water, must be provided with covers which prevent contamination from
reaching the interior of the containers. The covers must have a flange which overlaps the
opening and must be sloped to provide drainage from the cover wherever the collection of
condensation, moisture or splash is possible. Any opening through the cover must be flanged
upward at least three-sixteenths of an inch (5 mm) and provided with an overlapping cover
flanged downward.
B.
Aprons which deflect condensation, drips and dust must be provided on all piping,
thermometers, equipment, rotary shafts and other functional parts extending into the container
unless a watertight joint is provided.
Vending machines, receipt and removal of bulk food.
A.
The delivery tube or chute and orifice of all vending machines used for the sale of bulk food
must be protected from normal manual contact, dust, insects, rodents and other contamination.
Such machines must be designed to divert condensation or moisture from the normal filling
position of the container which receives the food.
B.
The vending stage of such machines must be provided with a door which fits tightly, closes
automatically and is kept closed except when food is being removed.
Vending machines, quality and supply of water.
A. Water used in vending machines must be potable and from an approved source. If used, water
filters or other devices used for water conditioning must be of a type which may be disassembled
for periodic cleaning or replacement of the active element. Replacement elements must be
handled in a sanitary manner.
B. Vending machines directly connected to the water supply must be properly equipped with
devices to prevent backflow. These devices must be:
249
Formatted: Indent: Left: 0.32", Hanging:
0.24"
1.
Approved by the Health Authority;
2.
Located to facilitate servicing and maintenance; and
3.
Inspected and cleaned or replaced annually.
Vending machines, materials.
A. In post-mix soft drink vending machines, copper tubing or other potentially toxic tubing used for
water systems must not come into contact with carbonated water.
Formatted: Indent: Left: 0.32", Hanging:
0.24"
B. In vending machines in which carbon dioxide is used as a propellant, all devices designed to
prevent backflow and all food-contact surfaces must be of such a material as to preclude the
production of toxic substances which may result from interaction with carbon dioxide or
carbonated water.
Vending machines, compliance and enforcement.
Operators of vending machines are subject to enforcement actions outlined in these regulations and NRS
446.
Formatted: Space Before: 6 pt, After: 6 pt,
Line spacing: single
Formatted: Indent: Left: 0", First line: 0"
SECTION 180
MOBILE FOOD UNITS
180.010
Mobile food units must comply with the requirements of these regulations, except as
otherwise provided in this section. See Section “Applicable requirements”
180.015
The Health Authority may:
1.
Impose additional requirements to protect against health hazards related to the
operation of a mobile food unit.
2.
Limit the food preparation procedures;
3.
Prohibit some menu items; or
4.
Subject to approval of the Food Establishment Sanitation Hearing and
Advisory Board, waive or modify specific requirements of these regulations
provided that imminent health hazards are avoided. See Section “Applicable
requirements”
180.020
When facilities or equipment are inadequate to protect the public health, the Health
Authority, after due consideration of all pertinent factors, may restrict the mode of
operation of a mobile food unit. See Section “Applicable requirements”
180.100
Identification of Mobile Food Units
Every mobile food unit must be readily identifiable by the business name being printed,
permanently affixed and prominently displayed upon at least two (2) sides of such units, in
250
Formatted: Space After: 6 pt
letters not less than three (3) inches in height, and of a color contrasting with the
background color of the vehicle. See Section “Mobile unit and portable unit for service of
food, identification”
180.105
A current health permit sticker must be displayed and be clearly visible from the rear of the
vehicle during any mode of operation. See Section “Mobile unit and portable unit for
service of food, identification”
180.110
The health permit is not transferable from vehicle to vehicle. See Section “Mobile unit and
portable unit for service of food, health permit not transferable”
180.115
The Health Authority must be notified in advance any time a mobile food unit participates
at a special event; this enables the Health Authority to track and inspect all participants.
See Section “Mobile unit and portable unit for service of food, operation at special events”
180.200
Food and Food Preparation
180.210
Food, as defined in Section 010.035, must be obtained from an approved source. See
Section “Compliance”
180.215
Ice intended for human consumption must not be used for any other purpose prior to
serving. See Section “Ice used as exterior coolant, prohibited as ingredient”
180.220
Prepackaged foods must be properly labeled, except when prepared on the mobile food
unit, for immediate service. See Section “Mobile unit and portable unit for service of food,
food and food preparation”
180.230
The number of preparation steps involving potentially hazardous foods must be minimized
to decrease the risk of food borne illness.
180.240
Facilities must be adequate for the food preparation steps.
180.250
Preparation of potentially hazardous foods on the mobile unit must be accomplished daily,
for service that same day. See Section “Mobile unit and portable unit for service of food,
food and food preparation”
180.260
Cooling of hot prepared potentially hazardous foods on a mobile food unit is prohibited.
See Section “Mobile unit and portable unit for service of food, food and food preparation”
˚
180.261
When potentially hazardous foods, which have been cooked and cooled at the commissary,
are to be served hot, they must be reheated in individual portions to 165˚F for immediate
service to the customer. See Section “Mobile unit and portable unit for service of food,
food and food preparation”
180.263
Commercially processed potentially hazardous foods, served hot, must be heated to 140˚F
within thirty (30) minutes.
180.265
Cooking of raw meats greater then one (1) inch thick is prohibited.
180.267
Hot and cold holding equipment must be preheated or prechilled to appropriate holding
temperatures prior to loading potentially hazardous foods onto the mobile food unit. See
Section “Mobile unit and portable unit for service of food, food and food preparation”
251
180.269
Metal stem thermometers must be carried on the mobile food unit and used to monitor the
temperature of potentially hazardous foods. Refrigerators must have indicating
thermometers, accurate to within plus or minus 2˚F. See Section “Mobile unit and portable
unit for service of food, food and food preparation”
180.300
Personnel
180.305
Only employees and those persons authorized by the Health Authority may be present in
the mobile food unit. See Section “Mobile unit and portable unit for service of food,
personnel”
180.310
The operator of a mobile food unit must be in attendance at all times when the unit is open
for business. See Section “Mobile unit and portable unit for service of food, personnel”
180.400
Food Equipment
180.405
Cold holding of potentially hazardous foods must be accomplished by use of mechanical
refrigeration. Ice may be used when all food is prepackaged in sealed waterproof
containers. See Section “Mobile unit and portable unit for service of food, food
equipment”
180.407
Hot and cold holding equipment must be capable of maintaining proper temperatures in all
climatic conditions, including subfreezing and extremely hot weather. See Section
“Mobile unit and portable unit for service of food, food equipment”
180.410
All food service equipment must be approved by the National Sanitation Foundation
(NSF), or the equivalent, for construction and installation. See Section “Food equipment,
certification and classification”
180.415
Mobile food units must provide only single-service articles for use by the consumer. See
Section “Mobile unit and portable unit for service of food, food equipment”
180.500
Water Supply
180.510
When a mobile food unit has a water system, the source and system design must be
approved by the Health Authority. See Sections “Mobile unit, water supply” and “Portable
unit for service of food, water supply”
180.515
The system must be of sufficient capacity to furnish enough hot and cold water under
pressure for each of the following procedures, if they occur on the mobile food unit:
1.
Food preparation
2.
Utensil cleaning
3.
Sanitizing
4.
Hand washing, or
5. Mobile food unit cleaning See Sections “Mobile unit, water supply” and “Portable
unit for service of food, water supply”
180.520
The water inlet must be located so that it will not be contaminated by waste discharge, road
dust, oil or grease, and it shall be capped. The water filler hose must be equipped with an
252
approved vacuum breaker or check valve. See Sections “Mobile unit, water supply” and
“Portable unit for service of food, water supply”
180.530
The filler hose must be of an approved material and stored with the ends connected or
covered when not in use. This hose must not be used for any purpose other than supplying
potable water to the mobile food unit. See Sections “Mobile unit, water supply” and
“Portable unit for service of food, water supply”
180.540
The filler hose must be identified either by color coding or tagging. See Sections “Mobile
unit, water supply” and “Portable unit for service of food, water supply”
180.550
The water system must be operable under all climatic conditions, including subfreezing
temperatures. See Sections “Mobile unit, water supply” and “Portable unit for service of
food, water supply”
180.600
Liquid Waste Retention and Disposal
180.605
Liquid waste must be stored in a waste retention tank that has at least fifteen (15) percent
more capacity than the water tank. The bottom of the waste retention tank must be sloped
to a drain. See Sections “Mobile unit, liquid waste retention and disposal” and “Portable
unit for service of food, liquid waste retention and disposal”
180.610
Liquid waste must be retained on the mobile food unit until emptied and flushed into an
approved dump station, in a manner approved by the Health Authority. See Sections
“Mobile unit, liquid waste retention and disposal” and “Portable unit for service of food,
liquid waste retention and disposal”
180.615
The contents of the waste retention tank must be gauged. A tank with an outlet for
overflow is prohibited. See Sections “Mobile unit, liquid waste retention and disposal” and
“Portable unit for service of food, liquid waste retention and disposal”
180.620
All connections on the vehicle used for servicing the mobile food unit waste disposal
facilities must be of a different size or type than those used for supplying potable water to
the mobile food unit. See Section “Mobile unit, construction requirements”
180.625
The waste connection must be located lower than the potable water inlet connection to
prevent contamination. See Section “Mobile unit, construction requirements”
180.630
The wastewater system must be operable under all climatic conditions, including
subfreezing temperatures. See Sections “Mobile unit, liquid waste retention and disposal”
and “Portable unit for service of food, liquid waste retention and disposal”
180.700
Hand Washing and Toilet Facilities
180.705
A separate hand washing sink must be provided for food workers at the mobile food unit
and must be equipped with:
1.
Potable, warm, running water, under pressure;
2.
Soap; and
3. Paper towels. See Section “Mobile unit and portable unit for service of food,
handwashing and toilet facilities”
253
180.710
Requirements for hand washing may be waived or modified when only prepackaged foods
are served. See Section “Mobile unit and portable unit for service of food, handwashing
and toilet facilities”
180.715
Toilet facilities for food service workers must be available and readily accessible along the
route. Documentation that such facilities are available must be submitted to the Health
Authority. See Section “Mobile unit and portable unit for service of food, handwashing
and toilet facilities”
180.800
Construction Requirements
180.805
A three (3)-compartment sink with hot and cold running water under pressure to wash,
rinse and sanitize utensils is required when equipment and utensils are reused on a mobile
unit. The sinks must be large enough to immerse utensils and equipment requiring
intermittent cleaning. This requirement may be waived or modified when limited food
preparation is done or additional clean utensils are available and utensil washing can take
place at the approved base of operations. See Section “Mobile unit, construction
requirements”
180.810
Ventilation must be provided by a fan. The mobile food unit must be equipped with climate
control devices such as air conditioners or heaters, to keep the interior comfortable to
prevent the unnecessary opening of doors and service openings. See Section “Mobile unit,
construction requirements”
180.815
Lighting within the mobile food unit must provide at least fifty (50) foot candles of light on
all working surfaces at all times during use. Lights must be shielded or shatterproof. See
Section “Mobile unit, construction requirements”
180.820
The interior of the mobile food unit must be completely enclosed with the exception of the
service openings. The service openings shall be open only when serving food. See Section
“Mobile unit, construction requirements”
180.825
Service openings must not be larger than eighteen (18) inches (45 cm) high or eighteen
(18) inches (45 cm) wide and must be located away from areas used to prepare food. See
Section “Mobile unit, construction requirements”
180.830
All interior wall, floor and ceiling surfaces must be constructed of a light-colored, durable
and complete washable material such as stainless steel, galvanized steel, aluminum or
plastic and must be free of open joints or cracks. See Section “Mobile unit, construction
requirements”
180.835
Floors must be finished with an impervious, skid resistant material. See Section “Mobile
unit, construction requirements”
180.840
Junctures of floors, walls and adjoining fixtures must be watertight and coved. See Section
“Mobile unit, construction requirements”
180.845
Doors, windows and covers must close tightly to protect the unit from dust and other
potential contamination. These must be closed when the vehicle is being moved. See
Section “Mobile unit, construction requirements”
180.850
A refuse container with a cover or lid must be installed inside a mobile food unit. See
Section “Mobile unit and portable unit for service of food, garbage”
254
180.855
A removable refuse container with a lid must be installed for customer use on the outside
of the mobile food unit and must have large, clearly legible signs on the cover stating
“Deposit Trash Here” or similar wording. See Section “Mobile unit and portable unit for
service of food, garbage”
180.860
Refuse containers must be of sufficient size and capacity to accommodate the daily
accumulation of garbage and trash. See Section “Mobile unit and portable unit for service
of food, garbage”
180.900
Base of Operations (Mobile Food Depot and Commissary)
180.901
Mobile food depots or commissaries must not be operated from a private home or
residence. See Section “Mobile unit and portable unit for service of food, storage”
180.905
Mobile food units or pushcarts must operate from an approved commissary and depot and
must report daily to such location for supplies, cleaning and servicing operations. See
Section “Servicing area, approval and operation”
180.910
The commissary and mobile food depot used as a base of operation for mobile food units or
pushcarts must be constructed and operated in compliance with the requirements of this
section. See Section “Servicing area, construction”
180.915
A “permit to operate,” separate from that for the mobile food unit, is required for the base
of operations. See Section “Servicing area, approval and operation”
180.920
Mobile Food Depot
A mobile food unit servicing area, separated from commissary operations, must be
provided. It must include a room at least large enough to accommodate a mobile food unit
and shall provide protection for any supplying, cleaning or servicing operation. There must
be a location provided for the flushing and drainage of liquid waste separate from the
location provided for water servicing and for the loading and unloading of food and related
supplies. See Section “Servicing area, approval and operation”
180.925
The surface of the servicing area must be constructed of a smooth nonabsorbent material,
such as concrete or machine-laid asphalt, and must be maintained in good repair, kept
clean, and be graded to drain to a sanitary sewer. See Section “Servicing area,
construction”
180.930
The construction of the walls and ceilings of the servicing area must be easily cleanable,
light colored and durable, but are otherwise exempt from Section 120.110 of these
regulations. Exposed wood framing is prohibited.
Lighting in servicing areas must be at least thirty (30) foot candles measured at floor level.
Lights must be shielded or shatterproof. See Section “Servicing area, construction”
180.935
An N.S.F. approved sink with three (3) compartments and two (2) drain boards, of
sufficient size to accommodate the largest equipment, container or utensil washed therein,
must be provided.
See Section “Mobile unit, construction requirements” and
“Food equipment, certification and classification”
180.937
Metal racks for drying utensils, containers and equipment must be provided. The sink and
drying racks need not be provided if all utensils, equipment and containers can be properly
washed, rinsed and sanitized within the mobile food unit.
255
180.939
Food and utensil storage compartments must be constructed and used so as to prevent
contamination of contents. These compartments shall not be used to store vehicle parts or
tools.
180.940
Areas in a servicing depot for refrigerating or storing food, beverages, supplies and
equipment must be separated from the area used for vehicle servicing operations. See
Section “Servicing area, approval and operation”
180.945
Sufficient hot water or steam, at a temperature of at least 170˚F (77˚C), must be provided to
properly sanitize equipment which is not sanitized on the mobile food unit or equipment
which is not sanitized with chemical disinfectants. See Section “Mobile unit, construction
requirements”
180.950
Servicing Operations
180.955
Potable water-servicing equipment must be installed according to the latest edition of the
Uniform Plumbing Code and shall be stored and handled in a way that protects the water
and equipment from contamination. See Section “Servicing area, construction”
180.960
The mobile food unit liquid waste retention tank, when used, must be thoroughly flushed
and drained during the servicing operation. All liquid waste must be discharged to an
approved sanitary sewage disposal system. See Section “Liquid waste, retention and
disposal”
180.965
The flushing and draining area for liquid wastes must be separate from the area used for
loading and unloading of food and related supplies. See Section “Servicing area, approval
and operation”
180.970
Vehicle cleaning and in-place cleaning of nonfood-contact surfaces of equipment not
requiring sanitization must be done with potable water and shall be done in a manner which
will not contaminate the vehicle’s food storage or food preparation areas or equipment.
See Section “Servicing area, approval and operation”
180.975
If hoses are to be used in the cleaning process, they must be kept off the pavement or floor
and a facility must be provided to hang them up when not in use. Hoses used for servicing
operations must be used for any other purpose and must be identified by color coding or
tagging. See Sections “Mobile unit, water supply” and “Portable unit for service of food,
water supply”
180.1000
Plan Review
180.1005
Properly prepared plans and specifications of the mobile food unit and base of operation
shall be submitted to the Health Authority for approval before:
1.
The mobile food unit, depot or commissary is constructed or remodeled;
2. The mobile food unit menu is modified; or
3. The method of food preparation is changed. See Section “Mobile unit and portable
unit for service of food, plan review”
180.1010
The plans must include:
1.
Menu and food preparation procedures;
2.
Floor plan – this must include location and elevation drawings of all foodservice
equipment;
256
3.
Equipment specifications – this must include make and model numbers of all
foodservice equipment;
4.
The type of finish to be used on all floors, walls, ceilings, counters, etc;
5.
The type of lighting to be installed;
6.
Proposed itinerary or sites to be served;
7.
Source of water and specifications for the on-board plumbing;
8.
Site used for sewage disposal;
9.
Availability of public restrooms; and
10. The site of the base of operation, mobile food depot or commissary. See Section
“Mobile unit and portable unit for service of food, plan review”
180.1100
Miscellaneous
180.1105
Any proposed change of location, equipment or operation must receive prior approval from
the Health Authority. See Section “Applicable requirements”
180.1110
Any mobile food unit operating prior to the enactment of this regulation shall be exempt
from these requirements until such time as there occurs:
1.
A change of ownership or permit holder,
2.
Remodeling, or
3.
A change of location of base operations.
180.1115
When not in use, mobile food units must be stored at a secure facility to protect from
vandalism and contamination. The area where vehicles are stored must be on or above a
smooth nonabsorbent surface, such as concrete or machine-laid asphalt. Storage of mobile
food units at private homes or garages is prohibited. See Section “Mobile unit and portable
unit for service of food, storage”
180.1120
Compressed gas bottles must be securely fastened to a wall or other stationary object in
such a manner as to prevent damage to the valve mechanism. See Section “Mobile unit,
construction requirements”
180.1125
Nothing herein is intended to prevent the use of a commercial vehicle wash, provided the
Health Authority receives the name and address of the wash and a schedule of its use. In
this case, receipts must be retained for review by the Health Authority. See Sections
“Mobile unit, liquid waste retention and disposal” and “Portable unit for service of food,
liquid waste retention and disposal”
Formatted: Left
PUSHCART OPERATIONS
180.1210
Pushcart operations must conform to Sections 180.010 through 180.1125 of these Food
Establishment Regulations, where applicable, and the additional requirements set forth
below. See Section “Applicable requirements”
257
180.1220
During operation, food must not be stored, displayed, or served from any place other than
the pushcart. See Section “Mobile unit and portable unit for service of food, food
protection”
180.1230
During transportation and storage, food and food contact surfaces must be protected from
contamination. See Section “Mobile unit and portable unit for service of food, food
protection”
180.1240
Food products remaining after each day’s operation must be stored only in an approved
food service establishment. See Section “Applicable requirements”
180.1250
Pushcart food sales must be conducted within 200 feet (60 meters) of approved readily
available toilet and hand washing facilities, or as otherwise approved by the Health
Authority, to ensure proper sanitary facilities are available to the pushcart operator. See
Section “Mobile unit and portable unit for service of food, handwashing and toilet
facilities”
180.1260
All food displayed, sold or offered for sale from pushcarts must be prepackaged at a
commissary or other approved food service establishment, except as provided in Section
180.010 and Section 180.1120. Potentially hazardous food items must not be prepared from
a raw to finished state on a pushcart. See Section “Mobile unit and portable unit for service
of food, food and food preparation”
180.1270
The following foods may be exempted from the prepackaging requirements, provided the
storage, preparation, display and dispensing methods are approved by the Health Authority.
1.
Popcorn
2.
Nuts
3.
Produce
4.
Pretzels and similar bakery products
5.
Candy
6.
Snow cones, and
7.
Frankfurters
Hot and cold beverages, which are not potentially hazardous as defined in Section 010.110,
may be sold from approved bulk dispensing units. See Section “Mobile unit and portable
unit for service of food, food and food preparation”
180.1280
Pushcarts on which non-prepackaged frankfurters, popcorn or snow cones are sold or
offered for sale must be equipped and constructed with the following revisions using N.S.F.
guidelines:
1.
The food compartment must be completely closed. The opening to the food
compartment must be sufficiently large enough to permit food assembly and service
operations and must be provided with a tightly fitted closure, cover or lid. When
closed, the closure must protect interior surfaces from dust, debris and vermin. See
Section “Mobile unit and portable unit for service of food, food equipment”
2.
All food compartments and food contact surfaces must be constructed so as to be
smooth, easily accessible and easily cleanable. Wood, except approved hardwood
258
cutting boards, must not be used as a food contact surface. See Section “Mobile unit
and portable unit for service of food, food equipment”
A one (1)-compartment sink furnished with potable, warm-running water (100˚F) for
utensil washing must be provided. A separate sink must be provided, also equipped
with potable warm-running water (100˚F) for washing hands. See Section “Mobile
unit and portable unit for service of food, handwashing and toilet facilities” and “Mobile
unit, construction requirements”
3.
4.
Hand washing cleanser and single-service towels must be present when pushcart is in
use. See Section “Mobile unit and portable unit for service of food, handwashing and
toilet facilities”
5. A water supply tank of at least five (5) gallons capacity must be installed. See
Sections “Mobile unit, water supply” and “Portable unit for service of food, water supply”
6. A wastewater tank of at least six (6) gallons capacity must be installed. See Section
“Mobile unit, liquid waste retention and disposal” and “Portable unit for service of food,
liquid waste retention and disposal”
7.
Protective guards and a roof or an umbrella to protect against exposure to insects,
rodents, dust or other contamination are required. See Section “Applicable
requirements”
180.1290
In the event of an emergency, the pushcart must be easily movable, controllable and
maneuverable by one (1) person when fully loaded. The bottom of the unit shall be at least
eight (8) inches from the ground. The unit shall have wheels, which have a minimum
diameter of seven and one-half (7.5) inches.
SECTION 181
BED AND BREAKFAST ESTABLISHMENTS
181.100
Except as provided in Section 181.105, food preparation and service in Bed and Breakfast
establishments must be accompanied in conformity with all applicable provisions of the
Health District’s Regulations Governing Food Establishments. See Section “Applicable
requirements” under Bed and Breakfast Facilities
181.105
The Health Authority may permit the operation of a Bed and Breakfast establishment
without strict adherence to the provisions of the District’s Regulations Governing Food
Establishments if the establishment is operated under the following conditions: See
Section “Applicable requirements” under Bed and Breakfast Facilities
1. The establishment may not serve food to more than ten (10) guests at any one time.
See Section “Applicable requirements”
2.
Food service is limited to those foods typically served for breakfast, such as eggs,
pancakes, toast, french toast, waffles, rolls, pastries, hash browns, bacon, ham,
sausage, cheese, fresh or canned fruit juices and other breakfast beverages. No home
canned, low acid foods may be served. See Section “Applicable requirements” under
Bed and Breakfast Facilities and “Preparation and service of food”
259
Formatted: Space After: 6 pt
3.
Dehydrated and fresh milk products must have been pasteurized prior to being served
and must be produced at a facility permitted pursuant to Chapter 584 of NRS or
similar laws of other jurisdictions. Fresh milk must be dispensed from its original
container. See Section “Applicable requirements” under Bed and Breakfast Facilities
4.
Food storage, preparation and service equipment such as refrigerators, stoves, hoods,
dishwashers and eating utensils may be of residential quality and grade so long as
they operate effectively, are in good repair and do not pose a potential health problem.
The equipment must be installed in locations which allow for ready cleaning and
which will not lead to contamination of food supplies. See Section “Equipment”
SECTION 187
FARMERS’ MARKETS
Formatted: Underline
Formatted: Font: Not Bold
Intent of Regulation:
The intent of this regulation is to establish regulatory requirements for farmers’
markets, and to differentiate farmers’ markets and their produce vendors from other temporary food
establishments.
Scope of Regulations:
The regulations apply only to those vendors selling produce at farmers’ markets.
All other food vendors selling food in affiliation with any farmers’ market must comply with all applicable
parts of Section 170 of these regulations.
187.010
All food offered for sale or given away at the farmers’ market shall be produced, prepared,
compounded, packed, stored, transported, kept for sale, and served, so as to be pure, free
from contamination, adulteration and spoilage, and shall be obtained from approved
sources; and shall be otherwise fit for human consumption. See Section “Farmers’
markets, approved source”
187.015
The producer of the farm products to be sold at farmers’ markets must be certified by the
Department of Agriculture. A copy of the certification document from the Department of
Agriculture shall be provided to the Health Authority.
187.020
Farmers’ Markets Shall Meet All the Following Requirements
1.
All food shall be stored at least five (5) inches (12.5 centimeters) off the floor or ground or under any
other conditions that are approved by the Health Authority. See Section “Farmers’ markets, food
storage”
2.
Food preparation is prohibited at farmers’ markets with the exception of samples. Preparation and
service of food samples is allowed, provided that the following sanitary requirements are met:
A. Samples shall be kept in approved, clean and sanitized containers.
B. All food samples shall be distributed by the producer in a sanitary manner.
C. Clean, disposable plastic gloves shall be used when cutting food samples.
D. Food intended for consumption shall be washed, or cleaned with potable water to remove soil or
other contaminants.
260
Formatted: Indent: Left: 0.31"
E. Potable water shall be available for handwashing and sanitizing as approved by the Health
Authority.
F.
Potentially hazardous food samples shall be maintained at or below 45˚F . All other food samples
shall be disposed of within two (2) hours after cutting.
G. Utensil and handwashing water shall be disposed of in an approved sewerage system or in a
manner approved by the Health Authority.
H. Utensils and cutting surfaces shall be smooth, easily cleanable and nonabsorbent. This does not
preclude the use of single-service utensils, such as toothpicks or similar items.
I.
Cutting boards and utensils used to cut, slice or prepare potentially hazardous food must be
washed, rinsed and sanitized every two (2) hours. If facilities are not available to accomplish this,
extra cleaned and sanitized utensils and cutting boards must be on site for use. See Section
“Farmers’ markets, food preparation: prohibitions, exceptions”
187.025
Produce stands must meet the construction set forth in Section 170.320 of these
regulations. See Section “Produce stands, construction requirements”
187.030
Approved toilet facilities shall be available within 200 feet (61.5 meters) of any premises
of the farmers’ market or as approved by the Health Authority. See Section “Farmers’
markets, toilet facilities”
187.040
Approved handwashing facilities must be present at each vendor’s booth. Singleuse paper
towels and hand soap in a dispensing unit must be present at each hand washing station.
See Section “Farmers’ market, handwashing facilities”
187.050
No live animals, birds or fowl shall be kept or allowed within 20 feet (6 meters) of any area
where food is stored or offered for sale. This does not apply to service animals. See
Section “Farmers’ markets, animals prohibited”
187.055
FRESH EGGS
Fresh poultry eggs are allowed for sale at farmers’ markets, provided that the following requirements are
met:
A. The eggs must be sold by a Nevada-certified producer;
B. The eggs must be candled and graded with a minimum Grade A;
C. An application for Direct Marketing of Poultry Eggs at Farmer’s Markets must be on file with the
Nevada Department of Agriculture;
D. All records requirements of the Nevada Department of Agriculture must be met;
E. Temperature at the shell in stored eggs following harvest up to the point of sale must not exceed
45˚Fahrenheit;
F.
187.060
All eggs must be transported, stored, and displayed in a safe and sanitary manner as to minimize
breakage and contamination. See Section “Farmers’ markets, fresh eggs”
Except as otherwise provided in Subsection 1, it is unlawful for any person to operate a
produce stand in conjunction with a farmers’ market or sell food at a farmers’ market
unless he possesses a valid health permit issued to him by the Health Authority.
261
1.
The Health Authority may exempt from the permitting requirement any person
operating a produce stand in conjunction with a farmers’ market, provided no produce
samples are given or sold to consumers. See Section “Farmers’ markets, permit
required”
187.070
The person, firm, association or corporation licensed by the county commission, city
council or other governing body of any incorporated city in Washoe County to establish a
farmers’ market shall ensure that anyone operating a produce stand within the farmers’
market has a valid health permit. See Section “Produce stand permit, responsibility of the
licensee”
187.080
A permit application to operate a produce stand affiliated with a farmers’ market must be
accompanied by a fee set by the District Board of Health. A late fee will be assessed if the
application and payment is not received a minimum of seven (7) days prior to beginning
operations. See Section “Farmers’ market, operation at a temporary food event”
187.090
Issuance of an Annual Sampling Permit
1.
Any person desiring to operate a produce stand in conjunction with a farmers’ market must
comply with the requirements of NRS 446.875. Upon compliance and after payment of a fee set
forth in the fee schedule established by the District Board of Health, an annual permit, for
sampling only, will be issued. The permit can be renewed annually, provided the renewal fee is
paid prior to the expiration date of the existing permit and provided the permit has not been
previously suspended or revoked for sanitation violations.
2.
Upon making application to the Health Authority, the applicant will be provided with two (2)
copies of the sanitation requirements for sampling. One copy will remain with the applicant
for reference. The other copy must be signed by the applicant, indicating acknowledgement
and receipt of the requirements, and must be returned with the application to the Health
Authority.
3.
Once issued, the permit is valid throughout Washoe County, providing notification is sent to the
Health Authority, at least 14 days prior to operating at the locations where sampling is to be
conducted. Notification must be done on forms provided by the Health Authority.
4.
Sampling is restricted to produce. Only produce stands affiliated with a farmers’ market are
eligible for this permit.
5.
The Health Authority may restrict the sampling and/or sale of food items based on inspection
findings or an unacceptable risk to public health. See Section “Produce and farm products,
issuance of an annual permit”
187.100
Operators of farmers’ markets and vendors working farmers’ markets are subject to
enforcement action as outlined in Section 190 of this regulation and Nevada Revised
Statutes, Chapter 446. See Section “Compliance and enforcement”
MISCELLANEOUS PROVISIONS
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Emergencies.
A. Except as specified in this section, a permit holder shall immediately discontinue operations and
notify the Health Authority if a substantial health hazard may exist because of an emergency such
as a fire, flood, interruption of electrical or water service, sewage backup, misuse of poisonous or
262
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toxic materials, onset of an apparent foodborne disease outbreak, gross insanitary occurrence or
condition, or other circumstance that may endanger public health.
B. A permit holder need not discontinue operations in an area of an establishment that is unaffected
by the substantial health hazard if approved by the Health Authority.
Resumption of Operations.
If operations are discontinued for an emergency as specified in these regulations, the permit holder shall
obtain approval from the Health Authority before resuming operations.
No smoking signs.
For facilities that must comply with NRS 202.2483:
A. The permit holder shall conspicuously post, at every entrance, a sign clearly stating that smoking
is prohibited; and
B. All ashtrays and other smoking paraphernalia shall be removed from all areas where smoking is
prohibited.
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SECTION 190
COMPLIANCE AND ENFORCEMENT
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Preventing health hazards, provision for conditions not addressed
If necessary to protect against public health hazards or nuisances, the Health Authority may impose specific
requirements in addition to the requirements contained in these regulations that are authorized by law.
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190.100
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Permit to Operate
After compliance with NRS 446.870 and 446.875, a permit to operate will be issued to the
operator of the food establishment. The operator of the food establishment shall pay an
annual or temporary permit fee in accordance with the fee schedule adopted by the Washoe
County District Board of Health. (See Sections “Health Authority to make inspections prior
to approving a permit to operate” and “Payment of renewal fees”)
Unlawful to interfere with the Health Authority.
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Pursuant to NRS 446.885(3), it is unlawful for any person to interfere with the Health Authority in the
performance of his duties. Duties include among others, inspections, sanitation complaint investigations,
foodborne disease complaint and outbreak investigations and suppression activities, food source
verification, food hold orders and condemnation, posting of notices, and permit suspensions and
revocations.
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190.200
Inspections
1.
Inspections of a food establishment will be performed at a frequency determined by
the Health Authority, but not less than once per calendar year. Additional inspections
performed during a calendar year may be for, but are not limited to, the following:
263
A.
A routine inspection resulting in a score of 89 or less;
B.
No Certified Food Protection Manager available;
C.
A documented substantial health hazard during routine inspection; or
D.
A confirmed food borne illness.
Additional inspections and reinspections shall be performed as are necessary for the
enforcement of these regulations. Additional fees may be assessed as set forth in the
approved District Board of Health fee schedule. See Section “Inspection frequency”
2.
The Health Authority, after providing proper identification, must be allowed to enter,
at any reasonable time, any food establishment within the Washoe Health District for
the purpose of making an inspection to determine compliance with these regulations.
The Health Authority must be allowed to examine the records of the food
establishment to obtain pertinent information regarding food and supplies purchased,
received or used, and persons employed. See Sections “Health Authority allowed
entry to perform inspections” and “Health Authority allowed to examine records”
3.
Whenever the Health Authority makes an inspection of a food establishment, the
permit holder or operator shall be notified of the findings by means of a written
inspection report or other written notice provided for this purpose. The Health
Authority shall furnish the original of such an inspection report to the permit holder or
the person-in-charge. See Section “Health Authority to issue a written inspection
report”
4.
The inspection report shall state the violation, the corrective action to be taken to
correct the violation and shall specify a reasonable time frame in which the corrective
action is to be completed. See Section “Health Authority to provide specific
information when violations noted in written inspection report”
5.
The inspection report shall state failure to complete the correction within the specified
time frame or failure to initiate the appeal process set forth in Section 190.800 of
these regulations will result in the suspension of the health permit. See Section
“Health Authority to provide specific information when violations noted in written
inspection report”
Inspection frequency.
The Health Authority shall conduct inspections and reinspections of food establishments:
A. At least once per calendar year; and
B. As often as necessary to ensure compliance with any applicable provisions of these regulations
and law.
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Health Authority allowed to examine records.
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The Health Authority shall be allowed to examine the records of an establishment to obtain pertinent
information regarding food and supplies purchased, received or used, and persons employed.
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Health Authority allowed entry to perform inspections.
264
The Health Authority, after providing proper identification must be allowed to enter, at any reasonable
time, any food establishment within the Washoe County Health District for the purpose of making an
inspection to determine compliance with these regulations.
Health Authority to issue a written inspection report.
Whenever the Health Authority makes an inspection of an establishment he shall:
A. Notify the permit holder, operator, or person-in-charge of the findings of the inspection by means
of a written inspection report; and
B. Furnish the original of the inspection report to the permit holder, operator, or person-in-charge.
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Health Authority to provide specific information when violations noted on written inspection report.
An NOV issued by the Health Authority shall:
A. Set forth the specific violations found;
B. Specify the corrective action to be taken to abate the violations;
C. Establish a specific and reasonable time for abatement of the violations;
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D. State that failure to comply with the abatement requirements of a notice or inspection report
issued in accordance with these regulations, may result in immediate suspension of the permit of
the establishment; and
E. State that an opportunity for an appeal from any notice or inspection finding or abatement
requirement will be provided if a written request to bring an appeal before the Food Protection
Hearing and Advisory Board is filed with the Health Authority within the period established in
the notice of abatement of the violations.
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Violations, shared facilities.
A violation of any provision of these regulations relating to facilities held in common or shared by more
than one (1) food establishment shall be a violation for which owners, operators, or perons-in-charge of
each food establishment is responsible.
190.300
Examination and condemnation of Ffood, hold orders.
1A. Food may be examined or sampled by the Health Authority as often as necessary to determine
freedom from alteration or misbranding.
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B. The Health Authority, may, upon written notice to the owner, operator or person-in-charge, place
a hold order on any food which he determines is or has probable cause to believe to be
unwholesome or otherwise adulterated or misbranded.
2C. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any
person to remove or alter a hold order, notice or tag placed on the food by the Health Authority.
Neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered,
disposed of or destroyed without permission from the Health Authority, except by order of a
court of competent jurisdiction.
3D. After the owner, operator or person-in-charge has had a hearing as provided in NRS 446.895, and
on the basis of evidence produced at such hearing or on the basis of his examination in the event
a written request for a hearing is not received within ten (10) days, the Health Authority may
vacate the hold order, or may, by written order direct the owner or person- in- charge of the food
265
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which was placed under the hold order to denature or destroy such food or to bring it into
compliance with the provisions of NRS 446. Such order of the Health Authority to denature or
destroy such food or bring it into compliance with the provisions of NRS 446 shall be stayed if
the order is appealed to a court of competent jurisdiction within three (3) days.
Food establishment outside jurisdiction of Health Authority.
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4. Food from food establishments outside the jurisdiction of the Washoe County Health District
Board of Health may be sold within the Washoe County Health District if such food establishments
conform to the provisions of these regulations or to substantially equivalent provisions. To determine the
extent of compliance with such provisions, the Health Authority may accept reports from responsible
authorities in the jurisdictions where such food establishments are located.
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Sampling and testing.
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A. If the Health Authority randomly samples food for the purpose of determining its
wholesomeness, freedom from adulteration, or misbranding and if he has no probable cause to do
so, he shall pay or offer to pay for such samples or specimens and shall pay for the costs of
testing.
B. If the Health Authority determines or has probable cause to consider that a food is unwholesome,
adulterated, or misbranded, he may collect a reasonable number of samples without recompense
to the owner of the food and have them tested at the owner’s expense if the testing determines
that the food is unwholesome, adulterated, or misbranded. Otherwise, the cost of the samples and
the expense of the testing shall be borne by the Health Authority.
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190.400
Grade of Ffood Eestablishments.
1A. Grade A – An establishment having a rating score of 90 or greater.
2B. Grade B – An establishment having a rating score of 89 or less and under a compliance schedule,
which specifies the time limits allowed to correct foodservice deficiencies.
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3C. When Health Authority posts a “B” grade, it shall be posted in a conspicuous location where it
must remain visible until removed by the Health Authority.
4.
Each food establishment’s grade will be determined by subtracting the total weighted point value
of violations noted during an inspection from a value of one hundred (100). See Section
“Grading of food establishments”.
190.500
Grading of Ffood Eestablishments.
1A. The Health Authority shall adopt a point weighted value system of critical and non critical
violations. Critical items will be valued at 5, or 4, or 3 points. Non-critical items will be valued at
2 or 1 points.
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2B. Correction of violations must be accomplished within the time frame specified by the Health
Authority. See Section “Failure to comply”.
Each food establishment’s grade will be determined by subtracting the total weighted point value
of violations noted during an inspection from a value of 100.
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3C. If a substantial health hazard exists, as defined in these regulations or weighted as a 5 point item,
the Health Authority shall suspend the health permit and the establishment must immediately
cease foodservice operations unless the violation is immediately corrected or an approved
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266
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alternative for continued operation is found while the Health Authority is on the premises.
Operations, once ceased, shall not be resumed until the health permit is reinstated by the Health
Authority.
4D. A second consecutive violation of a substantial health hazard noted during an inspection, even
though immediately correctable under the provisions of these regulations, may result in the
Health Authority initiating the process for revocation of the health permit.
5E. Any violation weighted as a 4-point item must be corrected no later than 48 hours after the
original inspection. The permit holder or person- in- charge must contact the Health Authority
indicating that all 4 point weighted items have been corrected. A follow-up inspection shall be
conducted by the Health Authority to confirm the correction.
6F. If all 4 point weighted items have not been corrected within 48 hours following the original
inspection, the Health Authority shall post a “B” grade for the establishment.
7G. All 4 point weighted items not corrected within 48 hours of the original inspection must be
corrected within 10 days of the posting of the “B” grade or, if the appeal process set forth in these
regulations has not been initiated, the Health Authority shall suspend the health permit and the
establishment must immediately cease foodservice operations. Operations, once ceased, shall not
be resumed until reinstatement of the health permit by the Health Authority.
8H. A third consecutive violation of a 4 point weighted item noted during an inspection, even though
corrected as required by these regulations, may result in the Health Authority initiating the
process for revocation of the health permit.
9I. When the number of violations of 1 and 2 point weighted items is sufficient to justify the posting
of a downgrade pursuant to these regulations, a sufficient number of 1 and 2 point weighted items
must be corrected within 48 hours so that the total establishment rating score is 90 or above. A
follow-up inspection by the Health Authority shall be conducted to confirm the correction.
10J. If a sufficient number of 1 and 2-point weighted items has not been corrected within 48 hours
following the original inspection, the Health Authority shall post a “B” grade.
11K. 1 and 2 point items not corrected to a score of 90 or above within 48 hours of the original
inspection must be corrected within 20 days of the posting of the “B” grade or, if the appeal
process set forth in these regulations has not been initiated, the Health Authority shall suspend
the health permit and the establishment must cease foodservice operations immediately.
Operations, once ceased, may not be resumed until reinstatement of the health permit by the
Health Authority.
12L. A fourth consecutive violation of a 1 or 2 point weighted item noted during an inspection, even
though corrected under the provisions of these regulations, may result in the Health Authority
initiating the process for revocation of the health permit.
Refusal to sign acknowledgement.
Refusal to sign an acknowledgement of receipt of inspectional findings does not affect the permit holder’s
obligation to correct the violations noted in the inspection report within the time frames specified.
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Requirement to abate violations in the time specified
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Except as otherwise specified in these regulations, the permit holder of an establishment or person-incharge shall ensure that any violations documented by the Health Authority during an inspection or
investigation, are abated in the time specified by him.
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190.600
Food Protection Hearing and Advisory Board
267
1.
There is hereby created a Food Protection Hearing and Advisory Board of the
Washoe County District Health Department. The Food Protection Hearing and
Advisory Board shall consist of seven (7) members appointed by the District Board of
Health. At least two (2) members of the Food Protection Hearing and Advisory Board
shall be representative of the local food service industry. At least three (3) members
of the Food Protection Hearing and Advisory Board must be present in order to hold a
hearing. See Section “Creation of the Food Protectioin Hearing and Adivsory
Board”, “Make-up of Food Protection Hearing and Advisory B oard” and “Food Protection
Hearing and Advisory Board quorum for hearings”
2.
The Food Protection Hearing and Advisory Board shall hold hearings to:
A.
Consider appeals to compliance action taken by the Health Authority on any
permit required by these regulations;
B. Consider variance requests to any section of these regulations.
Relocated to “Creation of the Food Protection Hearing and Advisory Board”
190.700
Notice, Ssuspension and Rrevocation of Ppermits.
1A. Whenever the Health Authority finds an unsanitary or other condition in the operation of a food
establishment which, in his judgment constitutes a substantial hazard to the public health, he
may, without warning, notice or hearing, issue a written Notice of Violation (NOV) to the permit
holder or person-in-charge citing the condition, specifying the corrective action to be taken, and
specifying the time in which the corrective action must be completed.
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2B. The NOV may state that the permit or certificate is immediately suspended and all food
operations must be immediately discontinued. Any person to whom a NOV is issued must
comply within the time frame specified by the Health Authority. Upon written petition to the
Health Authority, the person shall be afforded a hearing pursuant to Section 190.800 of these
regulations.
3C. A reinspection will be conducted to determine compliance with the corrective action stated in the
NOV. The food establishment permit or certificate will be reinstated only after the violations
have been corrected and operations shall not be resumed until authorized by the Health
Authority.
4D. Any permit or certificate shall be suspended or revoked for the practice of fraud or deceit in
obtaining or attempting to obtain or renew a certificate or permit.
5E. Any permit or certificate may be suspended or revoked for serious or repeated violations of these
regulations.
6F. Any person who violates any part of these regulations is guilty of a misdemeanor. Violators may
be subject to warning, criminal citation, criminal complaint or other legal action deemed
necessary to protect public health.
NOTE: These Sections may not be necessary if we use the “abatement” sections still under condsideration.
Creation of the Food Protection Hearing and Advisory Board.
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There is hereby created a Food Protection Hearing and Advisory Board of the Washoe County Health
District. The Food Protection Hearing and Advisory Board shall hold hearings to consider appeals to
compliance action taken by the Health Authority on any permit or certificate required by these regulations.
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Make-up of the Food Protection Hearing and Advisory Board.
268
The Food Protection Hearing and Advisory Board shall consist of seven (7) members appointed by the
Board of Health. At least two (2) members of the Food Protection Hearing and Advisory Board shall be
representatives of the local food industry.
Food Protection Hearing and Advisory Board quorum for hearings.
A quorum of Food Protection Hearing and Advisory Board members shall be present for a hearing. A
quorum shall consist of at least three (3) members of the Food Protection Hearing and Advisory Board one
(1) of whom must be a representative of the local food industry.
Time and place of formal hearing conducted by the Food Protection Hearing and Advisory Board.
The Food Protection Hearing and Advisory Board shall hold hearings if any are pending, on the first
Thursday of each month, at the Washoe County Health District. The Board may hold additional hearings at
different times or on different days and locations if necessary to facilitate hearing requests in a more timely
manner.
190.800
Hearings, appeals.
1A. An aggrieved person may bring an appeal before the Food Protection Hearing and Advisory
Board when:
A1. Any permit or certificate, as required by these regulations, has been issued, denied, renewed,
suspended, or revoked, and said action has adversely affected said person in any manner.
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B2. The Health Authority has taken any action pursuant to the authority of these regulations,
which has adversely affected said person in any manner.
2B. All appeals to the Food Protection Hearing and Advisory Board shall be initiated by filing a
petition or written notice of appeal to the office of the Health Authority within ten (10) business
days after the person bringing the appeal has received any order, been subject to any action, or
has had a permit or certificate, required by these regulations, issued, denied, renewed, or
suspended or revoked by the Health Authority.
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3C. For serious or repeated violations of any of the requirements of these regulations or for
interference with the Health Authority in the performance of his duties, the permit or certificate
may be permanently revoked after an opportunity for a hearing before the Food Protection
Hearing and Advisory Board. Before taking such action, the Health Authority shall notify the
permit or certificate holder in writing, stating the reasons for which the permit or certificate is
subject to revocation and advising the permit or certificate holder of the requirements for filing a
request for a hearing. A permit or certificate may be suspended for cause pending its revocation
or a hearing relative thereto.
4D. The Health Authority may permanently revoke a permit or certificate after ten (10) days
following service of the notice unless a request for a hearing is filed with the Health Authority by
the permit or certificate holder within ten (10) days.
5E. The hearing provided for in this section must be conducted by the Food Protection Hearing and
Advisory Board at a time and place designated by the Health Authority. Based upon the record of
the hearing, the Food Protection Hearing and Advisory Board shall make a finding and make
recommendation to the District Health Officer to sustain, modify or rescind an official notice or
order considered in the hearing.
6F. After completion of the hearing, the findings and recommendation(s) of the Food Protection
Hearing and Advisory Board, along with transcripts and evidence from the hearing, shall be
transmitted to the District Health Officer who will make the final decision on whether or not to
sustain, modify or rescind any official notices or orders considered during the hearing. If the
269
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District Health Officer finds that evidence exists to support suspension or revocation of the
certificate or permit, he shall issue a written decision to take action accordingly.
7G. A copy of the written findings and the final decision by the District Health Officer shall be sent
by certified mail, return receipt requested, to the permit or certificate holder by the Health
Authority.
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Variances, conditions for approval.
The Health Authority may grant a variance to these regulations if it is determined that:
A. Strict application of the regulation would result in exceptional and undue hardship to the person
requesting the variance; and
B. The variance, if granted, would not:
1.
Cause substantial detriment to the public health; or
2.
Substantially impair the purpose of that regulation.
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Variances, documentation and justification.
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Any person requesting a variance from a requirement of these regulations must submit to the Health
Authority:
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A. A statement of the proposed variance of the requirement citing the relevant regulation(s);
B. An analysis of the rationale for how the potential public health hazards and nuisances addressed
by the relevant regulation will be alternatively addressed by the proposal;
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C. A HACCP plan, if required by these regulations, that includes the information specified in these
regulations as it relates to the variance request;
D. An application requesting the variance submitted on forms provided by the Health Authority; and
E. Payment of a fee in accordance with the fee schedule adopted by the Board of Health.
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190.900
Failure to Ccomply.
1. After the Health Authority has notified the owner, operator or person-in-charge of any violation
of these regulations, it shall be unlawful for that person to refuse or fail to correct these violations within
the time limits set in the notice.
190.950
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Interference with the Performance of Duty
1.
No person shall refuse entry or access to the Health Authority who upon presentation
of appropriate credentials requests to inspect any food establishment, or any related
facility of that food establishment, for the purpose of ascertaining compliance with
these regulations. Pursuant to NRS 446.885(3), it is unlawful for any person to
interfere with the Health Authority in the performance of his duties. See Section
“Unlawful to interfere with the Health Authority” and “Health Authority allowed entry to
perform inspections”
190.975
Penalties and Pprosecution.
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270
1A. Pursuant to NRS 446.943, the District Attorney shall prosecute any person who violates any
provision of these regulations.
2B. Pursuant to NRS 446.945, any person who violates any provision of these regulations is guilty of
a misdemeanor. In addition, such a person may be enjoined from continuing such violations.
Each day upon which such a violation occurs shall constitute a separate violation.
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SECTION 195
FOOD BORNE ILLNESS – FOOD RELATED INJURY
195.005
When a food borne illness incident or food related injury is reported to any employee of a
food establishment, the employee shall notify the operator of the establishment of that fact.
The operator must immediately report the incident to the Health Authority and remove
from sale and refrigerate any suspect foods until released by the Health Officer. See
Section “Employee health; restrictions…”
195.020
When the Health Authority suspects that a food establishment, or its employees, may be a
source of disease, he shall take appropriate action to control the transmission of disease.
Such action may include, but is not limited to, any or all of the following:
1.
Securing records that may enable identification of persons potentially exposed to the
disease, and/or requiring additional assistance in locating such persons. This includes
records of hotels, motels or other lodging facilities in which the food establishment is
located or which are adjacent to the food establishment;
2.
Securing an illness history of any foodservice employee(s);
3.
Excluding employee(s) from working in the food establishment until, in the opinion
of the Health Authority, there is no further risk of disease transmission;
4.
Closing the food establishment until, in the opinion of the Health Authority, there is
no further risk of disease transmissions;
5.
Restricting the work activities of any employee(s);
6.
Requiring medical and laboratory examinations of any foodservice employee and of
his body discharge;
Obtaining samples of any suspect food for laboratory examination;
7.
8. Requiring the destruction of suspect food or preventing it from being served.
See Section “Employee health; restrictions…”
SECTION 200
SEVERABILITY
200.010
SEVERABILITY
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271
Severability.
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If any provision of these regulations or any application thereof to any person, thing or circumstance is held
invalid, the Washoe County District Board of Health intends that such invalidity not affect the remaining
provisions of applications to the extent that they cannot be effective.
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Amendments, additions and deletions adopted by the Washoe County District Board of Health on February
26, 2003 and approved by the Nevada State Board of Health pursuant to Nevada Revised Statutes 446.940
on June 6, 2003. Verify if we are going to keep
Amendments, additions and deletions adopted by the Washoe County District Board of Health on July 24,
2003 and approved by the Nevada State Board of Health pursuant to Nevada Revised Statutes 446.940 on
October 24, 2003. Verify if we are going to keep
Amendments, additions and deletions adopted by the Washoe County District Board of Health on October
25, 2007 and approved by the Nevada State Board of Health pursuant to Nevada Revised Statutes 446.940
on December 7, 2007.
Amendments, additions and deletions adopted by the Washoe County District Board of Health on (insert
date) and approved by the Nevada State Board of Health pursuant to Nevada Revised Statutes 446.940 on
(insert date).
APPENDIX
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Reference NRS 446
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DEFINITIONS
NRS 446.017 “Food” defined. “Food” means any food, drink, confection or beverage, or any
component in the preparation or manufacture thereof, intended for ultimate human consumption,
stored, being prepared or manufactured, displayed, offered for sale, sold, or served in a food
establishment.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1969, 803)—(Substituted in revision for NRS
446.040)
NRS 446.020 “Food establishment” defined.
1. Except as otherwise limited by subsection 2, “food establishment” means any place, structure,
premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human
consumption is manufactured or prepared by any manner or means whatever, or in which any food
is sold, offered or displayed for sale or served.
2. The term does not include:
(a) Private homes, unless the food prepared or manufactured in the home is sold, or offered or
displayed for sale or for compensation or contractual consideration of any kind;
(b) Fraternal or social clubhouses at which attendance is limited to members of the club;
(c) Vehicles operated by common carriers engaged in interstate commerce;
(d) Any establishment in which religious, charitable and other nonprofit organizations sell food
occasionally to raise money or in which charitable organizations receive salvaged food in bulk
quantities for free distribution, unless the establishment is open on a regular basis to sell food to
members of the general public;
(e) Any establishment where animals are slaughtered which is regulated and inspected by the State
Department of Agriculture;
(f) Dairy farms and plants which process milk and products of milk or frozen desserts which are
regulated under chapter 584 of NRS; or
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(g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS
who handles only alcoholic beverages which are in sealed containers.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1960, 295; 1963, 758; 1969, 803, 991; 1973, 1164;
1981, 697; 1985, 901; 1991, 286; 1993, 1624; 1999, 3624; 2001, 1504)
NRS 446.030 “Food handler” defined.
1. “Food handler” means any person employed in or operating a food establishment, whether that
person is an employer, employee or other natural person, who handles, stores, transports, prepares,
manufactures, serves or sells food, or who comes in contact with eating or cooking utensils or
other equipment used in the handling, preparation, manufacture, service or sale of food.
2. The term does not include a person who:
(a) Only handles, stores, transports, sells or otherwise comes in contact with food that is sealed and
packaged for sale directly to the consumer;
(b) If the food is potentially hazardous food, handles the food only occasionally and incidentally to
his responsibilities or employment, and such handling is not part of his regularly scheduled
responsibilities or employment; or
(c) Is providing services as a cashier, salesperson, stock clerk, warehouse or dockworker, delivery
person or maintenance staff or providing services in a similar position with limited food handling
responsibility.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1969, 803; 2001, 1505; 2003, 595; 2007, 2175)
NRS 446.035 “Food processing establishment” defined. “Food processing establishment” means a
commercial establishment in which food is processed or otherwise prepared and packaged for
human consumption.
(Added to NRS by 1969, 816)
NRS 446.050 “Health authority” defined. “Health authority” means the officers and agents of the
Health Division of the Department of Health and Human Services, or the officers and agents of the
local boards of health.
[Part 1:116:1943; 1943 NCL § 5319]—(NRS A 1963, 311, 758; 1969, 803; 1973, 1406)
NRS 446.053 “Misbranded” defined. “Misbranded” means the presence of any written, printed or
graphic matter, upon or accompanying food or containers of food, which is false or misleading or
which violates any applicable state or local labeling requirements.
(Added to NRS by 1969, 816)
NRS 446.057 “Potentially hazardous food” defined. “Potentially hazardous food” has the meaning
ascribed to it in subpart 1-201 of the 1999 edition of the Food Code published by the Food and
Drug Administration of the United States Department of Health and Human Services, unless the
Administrator of the Health Division of the Department of Health and Human Services has
adopted a later edition of the Food Code for this purpose.
(Added to NRS by 2003, 594)
NRS 446.067 “Temporary food establishment” defined. “Temporary food establishment” means
any food establishment which operates at a fixed location for a temporary period of time, not to
exceed 2 weeks, in connection with a fair, carnival, circus, public exhibition, celebration or
similar transitory gathering.
(Added to NRS by 1969, 817)
NRS 446.069 “Wholesome” defined. “Wholesome” means in sound condition, clean, free from
adulteration, and otherwise suitable for use as human food.
(Added to NRS by 1969, 817)
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FACILITIES AND OPERATIONS
NRS 446.841 Use of sawdust on floors in retail meat, poultry and fish markets. A food
establishment engaged in the cutting and packaging of meat, poultry or fish for retail sale may use
sawdust on the floors in that area of such establishment not visited by the public if:
1. Such sawdust is treated in a manner approved by the Health Division of the Department of
Health and Human Services; and
2. The floors are cleaned and fresh sawdust is used daily.
(Added to NRS by 1971, 151; A 1973, 1406)
NRS 446.842 Food establishments which sell alcoholic beverages for consumption on premises
required to post signs concerning birth defects; exception.
1. Except as otherwise provided in subsection 5, each food establishment in which alcoholic
beverages are sold by the drink for consumption on the premises shall post at least one sign that
meets the requirements of this section in a location conspicuous to the patrons of the
establishment. The conspicuous location described in this subsection may include, without
limitation, a women’s restroom that is located within the establishment.
2. Each sign required by subsection 1 must be not less than 8 1/2 by 11 inches in size and must
contain a notice in boldface type that is clearly legible and, except as otherwise provided in
paragraph (a) of subsection 4, in substantially the following form:
HEALTH WARNING
Drinking wine, beer and other alcoholic beverages during pregnancy can cause birth defects.
¡ADVERTENCIA!
El consumo de vino, cerveza y otras bebidas alcohólicas durante el embarazo puede causar defectos
físicos y/o mentales en el feto.
3. The letters in the words “HEALTH WARNING” and “¡ADVERTENCIA!” in the sign must be
written in not less than 40-point type, and the letters in all other words in the sign must be written
in not less than 30-point type.
4. The Health Division of the Department of Health and Human Services may:
(a) Provide by regulation for one or more alternative forms for the language of the warning to be
included on the signs required by subsection 1 to increase the effectiveness of the signs. Each
alternative form must contain substantially the same message as is stated in subsection 2.
(b) Solicit and accept the donation of signs that satisfy the requirements of this section from a
nonprofit organization or any other source. To the extent that such signs are donated, the Health
Division shall distribute the signs upon request to food establishments that are required to post the
signs.
5. A food establishment is not required to post the sign otherwise required by this section if the food
establishment provides to its patrons a food or drink menu that contains a notice, in boldface type
that is clearly legible and not less than the size of the type used for the items on the menu, in
substantially the same form and language as is set forth in subsection 2 or authorized pursuant to
paragraph (a) of subsection 4.
6. As used in this section, “alcoholic beverage” means:
(a) Beer, ale, porter, stout and other similar fermented beverages, including, without limitation, sake
and similar products, of any name or description containing one-half of 1 percent or more of
alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute
therefor.
(b) Any beverage obtained by the fermentation of the natural content of fruits or other agricultural
products containing sugar, of one-half of 1 percent or more of alcohol by volume.
(c) Any distilled spirits commonly referred to as ethyl alcohol, ethanol or spirits of wine in any
form, including, without limitation, all dilutions and mixtures thereof from whatever process
produced.
(Added to NRS by 2003, 1361)
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NRS 446.846 Certain employees of food establishments required to wear hair net or other suitable
covering to confine hair. The State Board of Health shall adopt reasonable rules and regulations
requiring that any person employed in the preparation or service of food or beverages to patrons
on the premises of a food establishment, or who comes in contact with eating or cooking utensils
used for such service, whose hair length exceeds specified limits shall wear a hair net, cap or other
suitable covering which confines the hair while such person is engaged in the performance of his
duties. Such rules and regulations shall specify the minimum hair length to which such
requirement applies.
(Added to NRS by 1973, 1055)
TEMPORARY FOOD ESTABLISHMENTS
NRS 446.865 Compliance with chapter; powers of health authority. A temporary food
establishment shall comply with all the provisions of this chapter which are applicable to its
operation. The health authority may:
1. Augment such requirements when needed to assure the service of safe food.
2. Prohibit the sale of certain potentially hazardous food.
3. Modify specific requirements for physical facilities when in his opinion no imminent health
hazard will result.
(Added to NRS by 1963, 753; A 1969, 810)
PROVISIONS FOR ENFORCEMENT
NRS 446.870 Prohibited acts: Operation of food establishment without valid permit issued by
health authority; sale, offer or display for consideration of food prepared in private home without
valid permit issued by health authority; exemptions.
1. Except as otherwise provided in this section, it is unlawful for any person to operate a food
establishment unless he possesses a valid permit issued to him by the health authority.
2. The health authority may exempt a food establishment from the provisions of this chapter if the
health authority determines that the food which is sold, offered or displayed for sale, or served at
the establishment does not constitute a potential or actual hazard to the public health.
3. Food that is prepared in a private home and given away free of charge or consideration of any
kind is exempt from the provisions of this chapter, unless it is given to a food establishment.
4. Except as otherwise provided in subsection 5, food that is prepared in a private home must not be
sold, or offered or displayed for sale or for compensation or contractual consideration of any kind,
unless the person preparing the food possesses a valid permit issued to him by the health authority
for that purpose.
5. A religious, charitable or other nonprofit organization may, without possessing a permit from the
health authority, sell food occasionally to raise money, whether or not the food was prepared in a
private home, if the sale occurs on the premises of the organization. If the sale is to occur off the
premises of the organization, a permit from the health authority is required unless an exemption is
granted pursuant to subsection 2.
(Added to NRS by 1963, 753; A 1969, 810; 1987, 382; 2001, 1505)
NRS 446.875 Issuance of permit.
1. Any person desiring to operate a food establishment must make written application for a permit
on forms provided by the health authority. The application must include:
(a) The applicant’s full name and post office address.
(b) A statement whether the applicant is a natural person, firm or corporation, and, if a partnership,
the names of the partners, together with their addresses.
(c) A statement of the location and type of the proposed food establishment.
(d) The signature of the applicant or applicants.
2. An application for a permit to operate a temporary food establishment must also include the
inclusive dates of the proposed operation.
3. Upon receipt of such an application, the health authority shall make an inspection of the food
establishment to determine compliance with the provisions of this chapter. When inspection
275
reveals that the applicable requirements of this chapter have been met, the health authority shall
issue a permit to the applicant.
4. A permit to operate a temporary food establishment may be issued for a period not to exceed 14
days.
5. A permit issued pursuant to this section:
(a) Is not transferable from person to person or from place to place.
(b) Must be posted in every food establishment.
(Added to NRS by 1963, 753; A 1969, 811; 1987, 383)
NRS 446.877 City or county business license must not be issued until permit issued by health
authority. No license under any license ordinance of city, county or other licensing authority shall
be issued for the operation of a food establishment to any person owning or operating such food
establishment unless the permit required by this chapter has first been granted by the health
authority.
[14:116:1943; 1943 NCL § 5319.13]—(NRS A 1963, 759; 1969, 804)—(Substituted in revision for
NRS 446.190)
NRS 446.880 Suspension or revocation of permit; reinstatement of suspended permit; hearing.
1. Permits issued under the provisions of this chapter may be suspended temporarily by the health
authority for failure of the holder to comply with the requirements of this chapter.
2. Whenever a permit holder or operator has failed to comply with any notice issued under the
provisions of this chapter, the permit holder or operator must be notified in writing that the permit
is, upon service of the notice, immediately suspended or that the establishment is downgraded if
that is the case. The notice must also contain a statement informing the permit holder or operator
that an opportunity for a hearing will be provided if a written request for a hearing is filed by him
with the health authority.
3. Whenever the health authority finds an insanitary or other condition in the operation of a food
establishment which, in his judgment, constitutes a substantial hazard to the public health, he may
without warning, notice or hearing issue a written order to the permit holder or operator citing the
condition, specifying the corrective action to be taken, and specifying the time within which the
action must be taken. The order may state that the permit is immediately suspended and all food
operations must be immediately discontinued. Any person to whom such an order is issued shall
comply with it immediately. Upon written petition to the health authority, the person must be
afforded a hearing as soon as possible.
4. Any person whose permit has been suspended may, at any time, make application for a
reinspection for reinstatement of the permit. Within 10 days following receipt of a written request,
including a statement signed by the applicant that in his opinion the conditions causing suspension
of the permit have been corrected, the health authority shall make a reinspection. If the applicant is
complying with the requirements of this chapter, the permit must be reinstated.
5. For serious or repeated violations of any of the requirements of this chapter or for interference
with the health authority in the performance of his duties, the permit may be permanently revoked
after an opportunity for a hearing has been provided by the health authority. Before taking such an
action, the health authority shall notify the permit holder in writing, stating the reasons for which
the permit is subject to revocation and advising the permit holder of the requirements for filing a
request for a hearing. A permit may be suspended for cause pending its revocation or a hearing
relative thereto.
6. The health authority may permanently revoke a permit after 5 days following service of the
notice unless a request for a hearing is filed with the health authority by the permit holder within 5
days.
7. The hearings provided for in this section must be conducted by the health authority at a time and
place designated by him. Based upon the record of the hearing, the health authority shall make a
finding and may sustain, modify or rescind any official notice or order considered in the hearing.
A written report of the hearing decision must be furnished to the permit holder by the health
authority.
(Added to NRS by 1963, 754; A 1969, 811; 1981, 604; 1985, 292)
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NRS 446.883 Revocation of city or county business license if permit issued by health authority
revoked.
1. A license to operate a food establishment issued by any licensing authority to a person owning or
operating such food establishment shall be revoked when such person’s permit has been revoked
by the health authority, and no new license may be issued until such person again possesses an
unrevoked permit from the health authority.
2. Licensing authorities shall be notified by the health authority of the revocation of any permit.
[15:116:1943; 1943 NCL § 5319.14]—(NRS A 1969, 804)—(Substituted in revision for NRS
446.200)
NRS 446.885 Inspection of food establishment.
1. At least once every year, the health authority shall inspect each food establishment located in the
State.
2. He shall make as many additional inspections and reinspections as are necessary for the
enforcement of this chapter.
3. It is unlawful for any person to interfere with the health authority in the performance of his
duties.
(Added to NRS by 1963, 755; A 1969, 812)
NRS 446.890 Access to food establishment; form for inspection report.
1. The health authority, after he has properly identified himself, must be permitted to enter, at any
reasonable time, any food establishment within the State for the purpose of making any inspection
to determine compliance with this chapter. He must be permitted to examine the records of the
establishment to obtain pertinent information pertaining to food and supplies purchased, received
or used, and persons employed.
2. Whenever the health authority makes an inspection of a food establishment, he shall record his
findings on an inspection report form provided for this purpose. The health authority shall furnish
the original of the inspection report form to the permit holder or operator. The form must
summarize the requirements of this chapter.
(Added to NRS by 1963, 755; A 1969, 812; 1981, 605)
NRS 446.895 Issuance of notice. Except as otherwise provided in subsection 3 of NRS 446.880,
whenever the health authority makes an inspection of a food establishment and discovers that any
of the requirements of this chapter have been violated, he shall notify the permit holder or operator
of the violations by means of an inspection report form or other written notice. The notice must:
1. Set forth the specific violations found;
2. Establish a specific and reasonable time for the correction of those violations;
3. In the case of temporary food establishments, state that the violations must be corrected within a
specified period which must not be more than 24 hours. Failure to comply with the notice results
in immediate suspension of the permit;
4. State that failure to comply with the requirements of any notice issued in accordance with the
provisions of this chapter may result in immediate suspension of the permit or in downgrading of
the establishment; and
5. State that an opportunity for appeal from any notice or inspection findings will be provided if a
written request for a hearing is filed with the health authority within the period established in the
notice for correction.
(Added to NRS by 1963, 755; A 1969, 813; 1981, 605)
NRS 446.900 Service of notice. Notices provided for in NRS 446.895 shall be deemed to have
been properly served when the original of the inspection report form or other notice has been
delivered personally to the permit holder or person in charge, or such notice has been sent by
registered or certified mail, return receipt requested, to the last known address of the permit
holder. A copy of such notice shall be filed with the records of the health authority.
(Added to NRS by 1963, 756)
NRS 446.920 Examination and condemnation of food.
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1. Food may be examined or sampled by the health authority as often as may be necessary to
determine freedom from adulteration or misbranding. The health authority may, upon written
notice to the owner or person in charge, place a hold order on any food which he determines is or
has probable cause to believe to be unwholesome or otherwise adulterated or misbranded.
2. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any
person to remove or alter a hold order, notice or tag placed on food by the health authority. Neither
such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of
or destroyed without permission of the health authority, except by order of a court of competent
jurisdiction.
3. After the owner or person in charge has had a hearing as provided for in NRS 446.895, and on
the basis of evidence produced at such hearing, or on the basis of his examination in the event a
written request for a hearing is not received within 10 days, the health authority may vacate the
hold order, or may by written order direct the owner or person in charge of the food which was
placed under the hold order to denature or destroy such food or to bring it into compliance with
the provisions of this chapter. Such order of the health authority to denature or destroy such food
or bring it into compliance with the provisions of this chapter shall be stayed if the order is
appealed to a court of competent jurisdiction within 3 days.
(Added to NRS by 1963, 757; A 1969, 814)
NRS 446.925 Food establishment outside jurisdiction of health authority. Food from food
establishments outside the jurisdiction of the health authority of the State of Nevada may be sold
within the State of Nevada if such food establishments conform to the provisions of this chapter or
to substantially equivalent provisions. To determine the extent of compliance with such
provisions, the health authority may accept reports from responsible authorities in the jurisdictions
where such food establishments are located.
(Added to NRS by 1963, 757; A 1969, 814)
NRS 446.930 Review of plan for construction or remodeling of food establishment. If, after April
18, 1963, a food establishment is constructed or extensively remodeled, or if an existing structure
is converted for use as a food establishment, properly prepared plans and specifications for such
construction, remodeling or alteration showing layout, arrangement and construction materials of
work areas and the location, size and type of fixed equipment and facilities shall be submitted to
the health authority for approval before such work is begun. Where full-time city, county or
district health departments exist, such plans and specifications shall be submitted to such health
authorities for approval before such work is begun.
(Added to NRS by 1963, 757; A 1969, 814)
NRS 446.935 Procedure if infection of food handler is suspected.
1. When the health authority has reasonable cause to suspect the possibility of disease transmission
from any food handler of a food establishment, the health authority shall secure a morbidity
history of the suspected food handler, or make such other investigation as may be indicated, and
take appropriate action.
2. The health authority may require any or all of the following measures:
(a) The immediate exclusion of the food handler from all food establishments.
(b) The immediate closure of the food establishment concerned until, in the opinion of the health
authority, no further danger of disease outbreak exists.
(c) Restriction of the food handler’s services to some area of the establishment where there would be
no danger of transmitting disease.
(d) Adequate medical and laboratory examinations of the food handler, of other food handlers and of
his and their body discharges.
(Added to NRS by 1963, 757; A 1969, 815)
NRS 446.940 Enforcement.
1. Except as provided in subsection 2, this chapter must be enforced by the health authority in
accordance with regulations hereby authorized to be adopted by the State Board of Health to carry
out the requirements of this chapter.
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2. A local board of health may adopt such regulations as it may deem necessary to carry out the
requirements of this chapter. Such regulations:
(a) Become effective when approved by the State Board of Health;
(b) Must be enforced by the health authority; and
(c) Supersede the regulations adopted by the State Board of Health pursuant to subsection 1.
3. All sheriffs, constables, policemen, marshals and other peace officers shall render such services
and assistance to the health authority in regard to enforcement as he may request.
(Added to NRS by 1963, 758; A 1969, 815; 1981, 606)
NRS 446.941 Inapplicability of certain regulations to child care facilities with limited menus.
1. Any regulation adopted by the State Board of Health or a local board of health pursuant to NRS
446.940 that establishes a standard for the construction of a food establishment or the equipment
required to be present in a food establishment shall not apply to any child care facility that limits
its menu to:
(a) Food that does not constitute a potential or actual hazard to the public health; and
(b) Potentially hazardous food that has been:
(1) Commercially prepared and precooked; or
(2) Pasteurized.
2. As used in this section, “child care facility” includes:
(a) A child care facility licensed pursuant to chapter 432A of NRS; or
(b) A child care facility licensed by a city or county.
(Added to NRS by 2003, 594)
NRS 446.943 Prosecution by district attorney. The district attorney of each county shall prosecute
any person who violates any provision of this chapter or any provision of the regulations of the
State Board of Health or the local board of health adopted pursuant to this chapter.
[Part 21:116:1943; 1943 NCL § 5319.20]—(NRS A 1963, 760; 1969, 807; 1981, 606)
NRS 446.945 Penalties. Any person who violates any of the provisions of this chapter is guilty of a
misdemeanor. In addition thereto, such persons may be enjoined from continuing such violations.
Each day upon which such a violation occurs shall constitute a separate violation.
(Added to NRS by 1963, 758; A 1969, 815)
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