SECTION .2600 - SANITATION OF RESTAURANTS AND OTHER

FOODHANDLING ESTABLISHMENTS

Rules .2601 - .2643 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .2601 - .2643); has been transferred and recodified from Rules .0443 - .0485 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .0443 - .0485). Rule .2644 of Title 15A Subchapter 18A of the North Carolina Administrative Code (T15A.18A .2644); has been transferred and recodified from Rule .0487 Title 10 Subchapter 10A of the North Carolina Administrative Code (T10.10A .0487), effective April 4, 1990.

.2601 DEFINITIONS

The following definitions shall apply in the interpretation and enforcement of this Section:

(1) "Approved" means determined by the Department to be in compliance with this Section. Food service equipment which meets National Sanitation Foundation standards or equal shall be considered as approved. The National Sanitation Foundation Commercial Food Service Equipment Standards are hereby incorporated by reference including any subsequent amendments and editions. This material is available for inspection at the Department of Environment, Health, and Natural Resources, Division of Environmental Health, 1330 St. Mary's Street, Raleigh, North Carolina. Copies may be obtained from NSF International, P.O. Box 13014, Ann Arbor, Michigan 48113-0140, at a cost of three hundred and twenty five dollars ($325.00). Food which complies with requirements of the North Carolina Department of Agriculture or United States Department of Agriculture and the requirements of this Section shall be considered as approved.

(2) "Catered elderly nutrition site" means an establishment or operation where food is served, but not prepared on premises, operated under the guidelines of the N.C. Department of Human Resources, Division of Aging.

(3) "Commissary" means a food stand that services mobile food units and pushcarts. The commissary may or may not serve customers at the food stand's location.

(4) "Department of Environment, Health, and Natural Resources" or "Department" means the North Carolina Department of Environment, Health, and Natural Resources. The term also means the authorized representative of the Department.

(5) "Drink stand" means those establishments in which only beverages are prepared on the premises and are served in multi-use containers, such as glasses or mugs.

(6) "Eating and cooking utensils" means any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation, or serving.

(7) "Employee" means any person who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed at any time in a room in which food or drink is prepared or served.

(8) "Food" means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

(9) "Food stand" means those food service establishments which prepare or serve foods and which do not provide seating facilities for customers to use while eating or drinking. Establishments which only serve such items as dip ice cream, popcorn, candied apples, or cotton candy are not included.

(10) "Hermetically sealed container" means a container designed and intended to be secure against the entry of micro-organisms and to maintain the commercial sterility of its contents after processing.

(11) "Limited food service establishment" means a food service establishment as described in G.S. 130A-247(7).

(12) "Local Health Director" means the administrative head of a local health department or his authorized representative.

(13) "Mobile food unit" means a vehicle-mounted food service establishment designed to be readily moved.

(14) "Person" means any individual, firm, association, organization, partnership, business trust, corporation, or company.

(15) "Potentially hazardous food" means any food or ingredient, natural or synthetic, in a form capable of supporting the growth of infectious or toxigenic microorganisms, including Clostridium botulinum. This term includes raw or heat treated foods of animal origin, raw seed sprouts, and treated foods of plant origin. The term does not include foods which have a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less.

(16) "Private club" means a private club as defined in G.S. 130A-247(2).

(17) "Pushcart" means a mobile piece of equipment or vehicle which serves hot dogs or foods which have been prepared, pre-portioned, and individually pre-wrapped at a restaurant or commissary.

(18) "Responsible person" means the individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee is the responsible person.

(19) "Restaurant" means all establishments and operations where food is prepared or served at wholesale or retail for pay, or any other establishment or operation where food is prepared or served that is subject to the provisions of G.S. 130A-248. The term does not include establishments which only serve such items as dip ice cream, popcorn, candied apples, or cotton candy.

(20) "Sanitarian" means a person authorized to represent the Department on the local or state level in making inspections pursuant to state laws and rules.

(21) "Sanitize" means the approved bactericidal treatment by a process which meets the temperature and chemical concentration levels in 15A NCAC 18A .2619.

(22) "Sewage" means the liquid and solid human body waste and liquid waste generated by water-using fixtures and appliances, including those associated with foodhandling. The term does not include industrial process wastewater or sewage that is combined with industrial process wastewater.

(23) "Single service" means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles intended for one-time, one person use and then discarded.

(24) "Temporary food establishment" means those food or drink stands which operate for a period of 15 days per year or less, in connection with a fair, carnival, circus, public exhibition, or other similar gathering.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. January 1, 1996; July 1, 1994; January 4, 1994; July 1, 1993;

Temporary Amendment Eff. April 8, 1996.

.2602 PERMITS

(a) No permit to operate shall be issued to a person until an evaluation by the Department shows that the establishment complies with this Section.

(b) Upon transfer of ownership of an existing food service establishment, the Department shall complete an evaluation. If the establishment satisfies all the requirements of the rules, a permit shall be issued. If the establishment does not satisfy all the requirements of the rules, a permit shall not be issued. However, if the Department determines that the noncompliant items are construction or equipment problems that do not represent a threat to the public health, a transitional permit may be issued. The transitional permit shall expire 90 days after the date of issuance, unless suspended or revoked before that date, and shall not be renewed. Upon expiration of the transitional permit, the owner or operator shall have corrected the noncompliant items and obtained a permit, or the food service establishment shall not continue to operate.

(c) The Department may impose conditions on the issuance of a permit or transitional permit. Conditions may be specified for one or more of the following areas:

(1) The number of seats or persons served.

(2) The categories of food served.

(3) Time schedules in completing minor construction items.

(4) Modification or maintenance of water supplies.

(5) Use of facilities for more than one purpose.

(6) Continuation of contractual arrangements upon which basis the permit was issued.

(7) Submission and approval of plans for renovation.

(8) Any other conditions necessary for a food service operation to remain in compliance with this Section.

(d) If a permit or transitional permit has been suspended, the suspension shall be lifted after the Department has evaluated the food service operation and found that the violations causing the suspension have been corrected. If a permit or transitional permit has been revoked, a new permit shall be issued only after the Department has evaluated the food service operation and found it to comply with all applicable rules. The evaluations shall be conducted within a reasonable length of time after the request is made by the operator.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. January 1, 1996; February 1, 1990; March 1, 1988; July 1, 1984.

.2603 PUBLIC DISPLAY OF GRADE CARD

Whenever an inspection of a restaurant, food stand, or drink stand is made, the sanitarian shall remove the existing grade card, issue a grade card, and post the new grade card in a conspicuous place where it may be readily observed by the public upon entering the facility. The owner or operator shall be responsible for keeping the grade card posted at the location designated by the sanitarian at all times.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. July 1, 1986; July 1, 1984.

.2604 REINSPECTIONS

(a) Upon request of the management, a reinspection will be made.

(b) In the case of establishments that have been closed for failure to comply with these Rules, an inspection to consider the issuance or reissuance of a permit shall be made at the earliest convenience of the sanitarian.

(c) In the case of establishments which request an inspection for the purpose of raising the alphabetical grade, and which hold unrevoked permits, the sanitarian shall make an unannounced inspection after the lapse of a reasonable period of time, not to exceed 15 days, from the date of the request.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991; March 1, 1988.

.2605 INSPECTION FORMS

The grading of restaurants, food stands, or drink stands shall be done on an inspection form furnished by the Department to local health departments. The form shall provide for but need not be limited to the following information:

(1) the name and mailing address of the facility;

(2) name of person to whom permit is issued;

(3) the permit and score given;

(4) standards of construction and operation as listed in Rules .2607 through .2644 of this Section;

(5) the signature of the sanitarian;

(6) date.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991; July 1, 1984.

.2606 GRADING

(a) The sanitation grading of all restaurants, food stands, and drink stands, shall be based on a system of scoring wherein all establishments receiving a score of at least 90 percent shall be awarded Grade A; all establishments receiving a score of at least 80 percent and less than 90 percent shall be awarded Grade B; all establishments receiving a score of at least 70 percent and less than 80 percent shall be awarded Grade C. Permits shall be revoked for establishments receiving a score of less than 70 percent.

(b) The grading of restaurants, food stands, and drink stands, shall be based on the standards of operation and construction as set forth in Rules .2607 through .2644 of this Section.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. July 1, 1993; March 1, 1988.

.2607 STANDARDS AND APPROVAL OF PLANS

(a) Plans, drawn to scale, and specifications, for new food service establishments shall be submitted for review and approval to the local health agency prior to initiating construction. Plans, drawn to scale, and specifications shall also be submitted prior to construction of changes in the dimensions of food preparation areas, seating capacity or the addition of rooms to existing food service establishments. These plans shall include changes related to the increase in dimensions of food preparation areas, seating capacity or the addition of rooms. Plans, drawn to scale and specifications for prototype "franchised" or "chain" facilities shall also be submitted for review and approval to the Environmental Health Services Section, Division of Environmental Health.

(b) Construction shall comply with approved plans and specifications.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. July 1, 1993; July 1, 1992; May 1, 1991; July 1, 1984.

.2608 SOURCES OF FOOD

All food shall be obtained from sources that comply with all laws relating to food and food labeling and shall be properly identified. Food in hermetically sealed containers shall have been processed in a commercial food processing establishment operated in compliance with G.S. 106-120 through 145. Copies of G.S. 106-120 through 145 may be obtained from the Food and Drug Protection Division, North Carolina Department of Agriculture. All food shall be clean, wholesome, free from adulteration and spoilage, safe for human consumption, and shall be handled, served, or transported in such a manner as to prevent contamination, adulteration, and spoilage. Only approved containers and utensils may be used. Foods that are spoiled or otherwise unfit for human consumption shall be immediately disposed of as garbage except as specified in .2641 of this Section.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991; July 1, 1984.

.2609 REFRIGERATION: THAWING: AND PREPARATION OF FOOD

(a) All potentially hazardous foods requiring refrigeration shall be kept at or below 45 F (7 C), except when being prepared or served. An air temperature thermometer accurate to ą3 F (ą1.5C) shall be provided in all refrigerators.

(b) Thawing of potentially hazardous foods shall be done in refrigerated units at a temperature not to exceed 45 F (7 C), or under cold running water no warmer than 70 F (21 C), or as a part of the cooking process.

(c) Employees preparing food shall have used antibacterial soap, dips or hand sanitizers immediately prior to food preparation or shall use clean, plastic disposable gloves or sanitized utensils during food preparation. This requirement is in addition to all handwashing requirements in Section .2600 of these Rules. Food shall be prepared with the least possible manual contact, with suitable utensils and on preparation surfaces that have been cleaned and rinsed prior to use. Preparation surfaces which come in contact with potentially hazardous foods shall be sanitized as provided in Rule .2618(c) of this Section. Raw fruits and raw vegetables shall be thoroughly washed with potable water before being cooked or served.

(d) Potentially hazardous foods requiring cooking shall be cooked to heat all parts of the food to a temperature of at least 140 F (60 C) except as follows:

(1) poultry, poultry stuffings, stuffed meats, and stuffings containing meat shall be cooked to heat all parts of the food to at least 165 F (74C) with no interruption of the cooking process, and

(2) pork and any food containing pork shall be cooked to heat all parts of the food to at least 150 F (66 C), and

(3) ground beef and foods containing ground beef shall be cooked to an internal temperature of at least 155 F (68 C), and

(4) rare roast beef shall be cooked to an internal temperature of at least 130 F (54 C), and

(5) rare beef steak shall be cooked to a temperature of 130 F (54 C) unless otherwise ordered by the immediate consumer.

(e) Liquid, or uncooked frozen, dry eggs and egg products shall be used only for cooking and baking purposes.

(f) Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to 165 F (74 C) or higher throughout before being served or before being placed in a hot food storage facility except that, food in intact packages from regulated food manufacturing plants may initially be reheated to 140 F (60 C).

(g) All potentially hazardous foods, except rare roast beef, shall be stored at temperatures of 140 F (60 C) or above; or 45 F (7 C) or below except during necessary periods of preparation and serving. Rare roast beef shall be stored at a temperature of at least 130 F (54 C) or above; or 45 F (7 C) or below.

(h) All potentially hazardous food that is transported must be maintained at temperatures as noted in Paragraph (g) of this Rule.

(i) A metal stem-type thermometer accurate to ą2 F (ą1 C) shall be available to check food temperatures.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. October 1, 1993; May 1, 1991; October 1, 1990.

.2610 STORAGE: HANDLING: AND DISPLAY OF FOOD

(a) All unwrapped or unenclosed food and drink on display shall be protected in such manner that the direct line from the customer's mouth to the food shall be intercepted by glass or similar shields and shall be otherwise protected from public handling or other contamination, except that hand openings may be permitted on counter fronts. A beverage station staffed with an employee who is serving on a continual basis, is not required to provide glass or similar shields for beverages, ice and beverage garnishes. The employee shall remove contaminated beverages, ice or beverage garnishes from the beverage station. This requires standard counter protector installations for all cafeteria counters, salad bars, and similar type service to prevent contamination by customers' coughing and sneezing.

(b) Customer self-service is permitted only under the following conditions:

(1) Buffet-style Service. This style of service is not acceptable unless protective shields, equivalent to cafeteria counter protectors, are provided to intercept contamination; however, protective shields are not required for buffet style service which is provided for a club, organization or private individual as a planned event and from which the public is excluded. When food is served in this manner, the following requirements shall be met:

(A) Potentially hazardous foods shall be replaced at least hourly;

(B) Food containers shall be arranged conveniently so customers' clothing does not come in contact with food;

(D) At the conclusion of the event, food that has not been consumed, shall be discarded.

(2) Customer Self-Service. When customers are allowed to return to a self-service area, clean and sanitized tableware other than flatware, beverage cups and glasses, shall be made available for each return trip. Written notice shall be provided informing customers that clean tableware needs to be used for return trips.

(3) Family-style Service. In establishments featuring this style of service, patrons elect to participate in the family dining-table type of service. Ordinary serving dishes and utensils are acceptable.

(c) Foods, except raw vegetables which are to be cooked, shall be kept under cover when not in the process of preparation and serving. Meat and other potentially hazardous foods shall not be stored on the floor, or in direct contact with shelves and racks of cold storage boxes, or permitted to come in contact with dirty clothes, newspapers, pasteboard, previously-used paper, or other contaminated surfaces. If open dishes and pans containing food are stacked, food shall be protected with wax paper or foil. Food transported to a restaurant shall not be accepted unless properly wrapped, covered, or otherwise protected. Food and drink shall not be served to the general public in the kitchen. In the case of "drive-in" restaurants, all food shall be covered or wrapped before delivery to patrons' vehicles, to exclude vermin or insects, dust, and other contamination.

(d) Containers for onions, slaw, mustard, and other condiments shall have covers and be kept covered when not in use. Sugar shall be dispensed with either pour-type dispensers or individual packages. Waiters and waitresses shall avoid unnecessary handling of food in the process of serving.

(e) The establishment shall be kept free of flies, rodents, roaches, ants, and other vermin. Animals and fowl shall not be permitted in a restaurant, provided that seeing eye dogs accompanying blind persons and service dogs accompanying handicapped persons shall be exempted. All supplementary means necessary for the elimination of flies, such as the installation of fly-repellant fans, and the routine use of approved insecticides shall be employed.

(f) Dustless methods of floor cleaning shall be used and all except emergency floor cleaning shall be done during those periods when the least amount of food and drink is exposed, such as after closing, or between meals.

(g) The offering of free unwrapped food samples which were prepared by, or served by, the establishment on its premises, shall be maintained at a location within sight of and under the immediate supervision of an employee or agent for the purposes of observing customer use.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. July 1, 1994; April 1, 1994; July 1, 1992; May 1, 1991.

.2611 RE-SERVING OF FOOD

Food once served to a customer shall not be served again and not left for the next customer. Packaged food, other than potentially hazardous food, that is still packaged and is still wholesome, may be re-served.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980.

.2612 SHELLFISH

(a) All shellfish and crustacea meat shall be obtained from sources in compliance with the Department's rules on shellfish and crustacea. Copies of 15A NCAC 18A .0300 through .0900 may be obtained from the Department. If the source of clams, oysters, or mussels is outside the state, the shipper's name shall appear on the "Interstate Certified Shellfish Shippers List" as published monthly by the Shellfish Sanitation Branch, Food and Drug Administration. If the source of cooked crustacea meat is outside the state, it shall be certified by the regulatory authority of the state or territory of origin, attested by the presence of an official permit number on the container.

(b) All shucked shellfish and all cooked crustacea meat shall be stored in the original container. Each original container shall be clearly identified with the name and address of the packer, repacker, and the abbreviated name of the state or territory. Shucked shellfish unit containers shall be dated in accordance with 15A NCAC 18A .0600.

(c) All shellstock shall be stored in the containers in which packed at the source. Each original container shall be clearly identified with a uniform tag or label bearing the name and address of the shipper, the certificate number issued by the state or territory regulatory authority, the abbreviated name of the state, the name of the waters from which the shellfish were taken, the kind and quantity of the shellstock in the container, and the name and address of the consignee.

(d) Shellstock shall be stored under refrigeration and in a manner to prevent cross-contamination to or from the shellstock. The re-use of single-service shipping containers and the storage of shucked shellfish in other containers are not allowed.

(e) After each container of shellstock has been emptied, the management shall remove the stub of the tag and retain it for a period of at least 90 days.

(f) With the exception of opening shellfish for immediate consumption on the premises, no shellfish shucking shall be performed unless the establishment holds a valid shellfish shucking permit.

(g) Shellstock washing facilities shall consist of an approved mechanical shellfish washer, or a sink or slab with catch basin, indirectly drained into an approved sewage collection, treatment, and disposal system. The washing shall be done in a clean area, protected from contamination. A can wash facility shall not be used for the washing of shellstock or other foods.

(h) The cooking of shellfish shall be accomplished in an area meeting the requirements of this Section.

(i) Re-use of shells for the serving of food is prohibited. Shells shall be stored in a manner to prevent flies, insects, rodents, and odors.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991; July 1, 1984.

.2613 BARBECUE PLACES

The following standards shall be followed in the application of the restaurant sanitation requirements of this Rule in the grading of establishments preparing barbecue:

(1) Barbecue Pits:

(a) Barbecue pits and barbecue machines shall be enclosed in a room protected from the weather, dust, flies, and animals. The room shall be kept clean and free of garbage, rubbish, and other miscellaneous storage.

(b) Floors shall be constructed of easily cleanable concrete or equal and graded to drain.

(d) Water under pressure shall be provided in barbecue pit rooms for floor cleaning.

(e) Barbecue pit rooms shall be properly ventilated by ducts, doors, or equal in order that smoke and fumes may be removed.

(f) Spits, holders, or racks shall be thoroughly cleaned daily.

(2) Barbecue shall be chopped or processed in a restaurant kitchen or in a room meeting the requirements of sanitation specified for restaurant kitchens.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991.

.2614 OUTDOOR DINING

(a) No outdoor food serving facilities, stations, or cooking facilities shall be allowed for restaurants or temporary restaurants except equipment such as portable cooking or serving facilities for service which is provided to a club, organization or private individual as a planned event and from which the public is excluded.

(b) This Rule shall not prohibit outdoor dining.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991.

.2615 MILK AND MILK PRODUCTS

(a) Only Grade "A" pasteurized milk and milk products shall be used. The term "milk products" means those products as defined in 15A NCAC 18A .1200. Copies of 15A NCAC 18A .1200 may be obtained from the Department of Environment, Health, and Natural Resources, Division of Environmental Health, P.O. Box 27687, Raleigh, North Carolina 27611-7687. Milk and milk products shall be served in the individual, original containers in which they were received from the distributor, except for buttermilk, which may be poured from a commercially filled container of not more than 1/2 gallon capacity. Approved sanitary bulk milk dispensers may also be used.

(b) An exception may be made in the case of cream served with coffee, cereals, etc., as the distributor cannot deliver cream in the unit sizes that would be required. For such service, transferring to individual service units from the original container of not more than one-half gallon capacity, or from pumps, or other approved dispensers is permissible. The mixing of cream and milk or the pouring of either into jars, bottles, or other containers for storage therein shall be prohibited.

(c) Bulk milk dispenser containers, as received from the distributor, shall be properly sealed, labeled with the name and grade of the contents and identity of the distributor. Only the outlet seal shall be broken in the establishment.

(d) Milk and milk products shall be stored in a sanitary manner and shall be kept refrigerated, except when being served. Milk containers shall not be completely submerged in water.

(e) Reconstituted dry milk and dry milk products may be used in instant desserts and whipped products, or for cooking and baking purposes.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. December 1, 1991; May 1, 1991; July 1, 1986; July 1, 1984.

.2616 REQUIREMENTS FOR EMPLOYEES

(a) All employees shall wear clean outer clothing and shall be clean as to their person and methods of foodhandling. No employee shall use tobacco in any form while engaged in the washing of eating and cooking utensils or in the preparation, handling, or serving of food.

(b) Employees shall wash their hands thoroughly in an approved handwashing lavatory before starting work, after each visit to the toilet, and as often as may be necessary to remove soil and contamination.

(c) Employees engaged in the preparation, handling, or serving of food shall wear hairnets, caps, or other effective hair restraints to prevent the contamination of food or food contact surfaces. Wigs and hairspray do not constitute compliance with this Rule.

(d) Cooks and other kitchen employees shall wear clean outer clothing.

(e) No person who has a communicable or infectious disease that can be transmitted by foods, or who is a carrier of organisms that cause such a disease, or who has a boil, infected wound, or a disease with sudden onset and severe symptoms including cough or nasal discharge, shall work in a food service establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces, with disease-causing organisms or transmitting the illness to other persons.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. July 1, 1991.

.2617 UTENSILS AND EQUIPMENT

(a) All eating, drinking, and cooking utensils, tables, sinks, cabinets, hoods, shelves, and other equipment and fixtures used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair.

(b) All surfaces with which food or drink comes in contact shall consist of smooth, not readily corrodible, non-toxic material, such as stainless steel, phenolic resin, marble slabs, or tight wood in which there are no open cracks or joints that will collect food particles and slime, and be readily accessible for cleaning.

(c) Shelves, tables, and counters shall not be covered with paper, cardboard, oil cloth, or other absorbent material, and shall be free of crevices. Dining table linen or similar dining table coverings, if used, shall be kept clean and in good repair.

(d) Food service equipment shall meet National Sanitation Foundation standards, which are adopted by reference in accordance with G.S. 150B-14(c). If equipment is not National Sanitation Foundation listed, the owner or operator shall submit documentation to the Department that demonstrates that the equipment is at least equivalent to National Sanitation Foundation standards. The Department shall determine if the equipment is at least equivalent to National Sanitation Foundation standards.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991.

.2618 CLEANING OF EQUIPMENT AND UTENSILS

(a) All equipment and fixtures shall be kept clean. All cloths used by chefs and other employees in the kitchen shall be clean. Single-service containers shall be used only once.

(b) All multi-use eating and drinking utensils shall be thoroughly washed, rinsed, and subjected to an approved bactericidal treatment after each usage. The supply of eating and drinking utensils shall be of sufficient quantity to allow washing, rinsing, sanitizing and air-drying before re-use. All multi-use utensils except pizza pans and similar type pans (not used for table service) used in the storage, preparation, cooking, or serving of food or drink shall be cleaned and rinsed immediately after the days' operations, after each use, or upon completion of each meal as indicated. Pizza pans and similar type pans (not used for table service) which are continually subjected to high temperatures do not require cleaning after each use or day's use but shall be kept clean and maintained in good repair.

(c) In addition to washing and rinsing multi-use utensils as indicated in Paragraph (b) of this Rule, preparation surfaces which come in contact with potentially hazardous foods and are not subjected to heat during routine cooking operations shall be sanitized. Examples of food contact surfaces which must be sanitized are utensils used in preparing cold salads and cold beverages, cutting boards, table tops, knives, saws, and slicers. For utensils and equipment which are either too large or impractical to sanitize in a dishwashing machine or dishwashing sink, and for those establishments which do not have dishwashing equipment, a spray-on or wipe-on sanitizer may be used. When spray-on or wipe-on sanitizers are used, the chemical strengths shall be those required for sanitizing multi-use eating and drinking utensils.

(d) Hand dishwashing facilities shall consist of an approved three-compartment sink of sufficient size and depth to submerge, wash, rinse and sanitize utensils and shall have splash back protection and drainboards that are an integral part of and continuous with the sink. These drainboards shall be of a sufficient size to accommodate the drainage of liquids of the washed utensils after being sanitized. Air drying of utensils may be accomplished with the use of a drainboard, overhead or wall mounted shelves, or with the use of stationary or portable racks.

(e) Where the Department determines that the volume of dishes, glasses and utensils to be washed cannot be processed in a single warewashing facility, separate dish, glass or utensil washing facilities shall be required. Separate vegetable washing facilities shall be provided in establishments which wash raw vegetables except where plan review shows that volume and preparation frequency do not require separate vegetable washing facilities or where vegetables are purchased prewashed and packaged. Establishments which scale or eviscerate fish or wash raw poultry shall provide separate sinks with preparation space for these processes except where plan review shows that volume and preparation frequency do not require separate washing facilities.

(f) When dishwashing machines are used, the machines shall be approved and shall be fitted with drainboards of ample capacity on each side, and include a countersunk sink or other approved means for pre-cleaning, pre-flushing, or pre-soaking of the utensils in the dirty dish lane. Thermometers indicating the wash and rinse water temperatures shall be provided and kept in good repair.

(g) When dishwashing machines are used, the machines shall be approved on the basis of size, capacity, and type for the number of utensils to be washed. Under some conditions, as when volume is limited and time permits, glasses may be washed with power-driven brushes and passed through door-type machines, which are also used for dishwashing, for final rinse and bactericidal treatment. For this method, a motor-driven glass-washer and a single-vat sink may suffice.

(h) When only single-service eating and drinking utensils are used, at least an approved two-compartment sink shall be provided. This sink shall be of sufficient size to submerge, wash, rinse and sanitize utensils and shall have splash back protection and drainboards that are an integral part of and continuous with the sink. These drainboards shall be of sufficient size to accommodate the drainage of liquids of the washed utensils after being sanitized. Air drying of utensils may be accomplished with the use of a drainboard, overhead or wall mounted shelves, or with the use of stationary or portable racks.

(i) Facilities for the heating of water shall be provided. Capacity of hot water heating facilities shall be based on number and size of sinks, capacity of dishwashing machines, and other food service and cleaning needs. Hot water storage tanks shall provide a minimum of 130 F (54 C) hot water when water is not used for sanitizing; when hot water is used for sanitizing, a minimum storage temperature of 140 F (60 C) hot water is required.

(j) No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of eating or cooking utensils.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. January 1, 1996; July 1, 1993; July 1, 1991.

.2619 METHODS OF BACTERICIDAL TREATMENT

(a) In a hand dishwashing operation, after cleaning and rinsing, all multi-use eating and drinking utensils shall be subjected to one of the following or other equivalent bactericidal processes:

(1) Immersion for at least one minute in the 3rd compartment in clean hot water at a temperature of at least 170 F (77 C). A thermometer accurate to ą3 F (ą1.5 C) shall be available and convenient to the compartment. Where hot water is used for bactericidal treatment, a booster heater that maintains a water temperature of at least 170 F (77 C) in the 3rd compartment at all times when utensils are being washed shall be provided. The heating device may be integral with the immersion compartment.

(2) Immersion for at least two minutes in the 3rd compartment in a chemical bactericide of a strength, approved by the Department:

(A) for chlorine products, a solution containing at least 50 ppm of available chlorine at a temperature of at least 75 F (24 C);

(B) for iodophor products, a solution containing at least 12.5 ppm of available iodine and having a pH not higher than 5.0 and having a temperature of at least 75 F (24 C);

(C) for quaternary ammonium products, a solution containing at least 200 ppm of QAC and having a temperature of at least 75 F (24 C), provided that the product is labeled to show that it is effective in water having a hardness value at least equal to that of the water being used.

(3) Other equivalent products and procedures approved in 21 CFR 178.1010 "Sanitizing solutions" from the "Food Service Sanitation Manual" published by the US Food and Drug Administration. 21 CFR 178.1010 is adopted by reference in accordance with G.S. 150B-14(c).

(b) A suitable testing method or equipment shall be available, convenient, and regularly used to test chemical sanitizers to insure minimum prescribed strengths.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991; July 1, 1984.

.2620 STORAGE AND HANDLING OF UTENSILS AND EQUIPMENT

(a) After bactericidal treatment, utensils shall be air-dried and stored above the floor in a clean place. Wherever practicable, containers and utensils shall be covered or inverted or stored in tight, clean cabinets; and glasses and cups shall be stored inverted in a sanitary manner. Utensils and equipment shall be handled in such a manner as to prevent contamination, and employees shall avoid handling clean surfaces that will come in contact with customers' mouths.

(b) Drain racks, trays, and shelves shall be made of not readily corrodible material, and shall be kept clean.

(c) Spoons, spatulas, dippers, etc., used for dispensing frozen desserts shall be kept, when not in use, in dipper wells with running water or stored in the food product with the handle extending out of the food or dry stored on a clean surface.

(d) Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner. Single-service cup dispensers or similar devices shall be used when single-service cups are used. Laundered table linen and cleaning cloths shall be stored in a clean place until used.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980.

.2621 DRINKING WATER FACILITIES

(a) Facilities for the dispensing of drinking water shall be of an approved sanitary design. If water-cooling equipment is installed, it shall be of a type in which ice does not come in contact with the water.

(b) If drinking fountains are provided, they shall be of approved angle-jet type and shall be kept clean. This Rule shall not be interpreted as prohibiting the pitcher service of ice water.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980.

.2622 STORAGE: HANDLING: AND USE OF ICE

(a) Ice which is to be used in fountain drinks, ice water, tea, and coffee, or in connection with the chilling or serving of salads, vegetables, or cocktails shall be manufactured from an approved water supply and shall be stored and handled in a sanitary manner.

(b) Storage boxes shall be covered, located away from sources of contamination, maintained in good repair, and kept clean. Storage bins or boxes shall be provided with rims and covers designed to exclude spillage and drip.

(c) Ice grinders, pans, and buckets used in preparing chipped or crushed ice shall be protected from contamination, thoroughly cleaned between usages, and kept in good repair; buckets and other containers shall be stored above the floor in a clean place.

(d) Ice shall be dispensed or transferred with a scoop, spoon, or other approved method. Fountain ice compartments, bowls, buckets, or other containers shall be in good repair; frequently washed and kept free of scum, rust, etc.; and shall be protected from drip, dust, splash, and other means of contamination. Ice shall not be received, used, or accepted when there is evidence that it is not being handled and transported in a sanitary manner.

(e) Ice machines shall be kept clean.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980.

.2623 WATER SUPPLY

(a) The water supply used shall be in accordance with 15A NCAC 18A .1700.

(b) Prior to the issuance of a permit, non-community water supplies shall be listed with the Public Water Supply Section, Division of Environmental Health.

(c) Water samples for bacteriological analysis shall be collected by the Department and submitted to the laboratory section of the Department or another laboratory certified by the Department for analysis, and at least annually thereafter for bacteriological analysis.

(d) Cross-connections with unapproved water supplies are prohibited. Hot and cold running water under pressure shall be provided to food preparation, utensil and handwashing areas, and any other areas in which water is required for cleaning. Running water under pressure shall be provided in sufficient quantity to carry out all food preparation, utensil washing, hand washing, cleaning, and other water-using operations.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991; July 1, 1986; July 1, 1984.

.2624 TOILET FACILITIES

(a) Every restaurant shall be provided with toilet facilities conveniently located and readily accessible at all business hours. Unless specified elsewhere in these Rules, all restaurants shall have toilets which are convenient and accessible to employees and customers. Toilets for patrons shall be so located that the patrons do not pass through the kitchen to enter the toilet rooms. Intervening rooms or vestibules, if provided, shall be constructed and maintained in accordance with this Rule. Toilets shall be in the proximity of the restaurant and under control of the management. Floors and walls shall be constructed of non-absorbent, washable materials. Floors, walls, and ceilings shall be kept clean and in good repair. Toilet rooms shall be provided with self-closing doors, and kept free of flies and storage. Windows shall be screened if used for ventilation. Fixtures shall be kept clean and in good repair.

(b) Signs shall be posted to advise the public of the locations and identities of the toilet rooms. Durable, legible signs which read that employees must wash their hands before returning to work shall be posted or stenciled conspicuously in each employees' toilet room.

(c) Screens and doors are not required for toilet rooms at stadiums or facilities in which toilet rooms open into the interior of a building and the exterior doors of the building are self-closing.

(d) All toilet wastes and other sewage shall be disposed of in a public sewer system or, in the absence of a public sewer system, by an approved sanitary sewage system.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. January 1, 1996; July 1, 1992; April 1, 1992; May 1, 1991.

.2625 LAVATORY FACILITIES

(a) Lavatory facilities, including hot and cold running water and a combination supply faucet or tempered water and sanitary towels or approved hand-drying devices and soap, shall be provided for employees and customers.

(b) For employees, at least one lavatory shall be provided in the kitchen area in addition to any lavatories which may be provided in employees' toilet rooms.

(d) The lavatories shall be kept clean and in good repair.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991.

.2626 DISPOSAL OF WASTES

(a) All sewage and other liquid wastes shall be disposed of in a public sewer system or, in the absence of a public sewer system, by an approved, properly operating sanitary sewage system.

(b) Garbage shall be collected and stored in standard, water-tight garbage cans or other approved containers or methods and provided with tightfitting lids. Lids shall be kept in place, except for cans inside the kitchen which are being used frequently during normal operations. The contents of these cans shall be removed frequently and the cans shall be washed.

(c) Garbage and trash, including tin cans, resulting from the restaurant operations shall be removed from the building as frequently as may be necessary and disposed of in an approved manner.

(d) Facilities shall be provided for the washing and storage of all garbage cans and mops. Cleaning facilities shall include combination faucet, hot and cold water, threaded nozzle, and curbed impervious pad sloped to drain or other approved facilities or methods.

(e) Where containerized systems are used for garbage storage, facilities shall be provided for the cleaning of such systems.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991; July 1, 1984.

.2627 FLOORS

(a) The floors of all rooms in which food is stored, prepared, handled, or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be free of obstacles to cleaning, and shall be kept clean and in good repair.

(b) The floor area shall be sufficient to accommodate all operations. Floors may be of concrete, terrazzo, tile, wood covered with composition flooring or equal.

(d) In all rooms in which water is discharged to the floor, or in which floors are subjected to flood-type cleaning, floors shall slope to drain and be provided with floor drains.

(e) Properly maintained carpeting is acceptable in dining areas.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991.

.2628 WALLS AND CEILINGS

(a) Walls and ceilings of all rooms in which food is stored, handled, prepared, or served shall be kept clean and in good repair.

(b) The walls of kitchens and other rooms used for the preparation of food and the washing of utensils shall be smooth and washable, and ceilings shall be of the same construction, provided that acoustical ceiling material may be accepted where ventilation precludes the possibility of grease absorption. Acceptable wall materials include glazed tile; wood or metal; and brick, cinder blocks, slag blocks, or concrete blocks, if glazed, tiled, plastered or filled so as to provide a smooth, easily-cleanable surface, regardless of color.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991.

.2629 DOORS AND WINDOWS

Except as specified in Rule .2624(c) of this Section, outside doors shall be self-closing and all windows into the outer air shall be screened unless other effective means are provided to keep the establishment free of flies.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. April 1, 1992; May 1, 1991.

.2630 LIGHTING

(a) All areas in which food is handled, or prepared, or in which utensils are washed, shall be provided with at least 50 foot-candles of light on food preparation work levels and at utensil washing work levels. At least 10 foot-candles of light at 30 inches above the floor shall be provided in all other areas, including storage rooms and walk-in units. This shall not include dining and lounge areas except during cleaning operations. Fixtures shall be kept clean and in good repair.

(b) Light bulbs in food preparation, storage, and display areas shall be shatter-proof or shielded so as to preclude the possibility of broken bulbs or lamps falling into food. Shatter-proof or shielded bulbs need not be used in food storage areas where the integrity of the unopened packages will not be affected by broken glass falling onto them and the packages, prior to being opened, are capable of being cleaned.

(c) Heat lamps shall be protected against breakage by a shield surrounding and extending beyond the bulb, leaving only the face of the bulb exposed.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. April 1, 1992; May 1, 1991.

.2631 VENTILATION

Ventilation equipment shall be kept clean and in good repair.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991; July 1, 1986; October 1, 1985.

.2632 STORAGE SPACES

(a) Storage spaces shall be kept clean and free from unnecessary articles and offensive or musty odors. The contents shall be neatly arranged to facilitate cleaning. All storage shall be at least 12 in. (30.48 cm.) above the floor when placed on stationary storage units or 6 in. (15.24 cm.) above the floor when placed on portable storage units or otherwise arranged so as to permit thorough cleaning.

(b) Dry beans, grits, flour, sugar, and similar food products shall be stored in approved, tightly covered containers, glass jars, or equal and labeled accordingly.

(c) Shelves in storage rooms shall be constructed approximately 1 in. (2.54 cm.) from the wall, unless tightly stripped to eliminate cracks or roaches.

(d) Bulky items shall be stored on slatted shelves or movable dollies.

(e) Foods shall not be stored under exposed sewer lines.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. January 1, 1996; May 1, 1991.

.2633 PREMISES: MISCELLANEOUS

(a) The premises under control of the management shall be kept neat and clean at all times. Waste material, un-used articles, tin cans, rubbish, and other litter shall not be permitted to accumulate on the premises. There shall be no fly or mosquito breeding places, rodent harborages, or undrained areas on the premises.

(b) None of the operations shall be conducted in any room used for domestic purposes. A domestic kitchen shall not be used in connection with the operation of a restaurant.

(c) Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. When toxic materials are used in a restaurant, a special area for storage of these materials shall be provided and plainly marked.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991.

.2634 REQUIREMENTS FOR FOOD STANDS

Food stands shall comply with all the requirements of this Section, with the following exceptions:

(1) In Rule .2624 of this Section, only toilets for employees shall be required. These shall be convenient and shall comply in every way with the standards for restaurant toilets.

(2) In Rule .2625 of this Section, only handwashing facilities for employees shall be required. In addition, for food stands in which the customer serves himself, a lavatory shall be provided for customers. These shall be convenient and comply with restaurant standards insofar as the rule is concerned.

(3) In order to qualify for a permit, or when a facility is renovated, warewashing facilities shall comply with Rule .2618 of this Section.

(4) The requirements in Rule .2629 of this Section shall not apply to a foodstand within a mall, grocery store, or other multi-purpose building providing protection from flies, dust, vermin or other sources of contamination.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991; July 1, 1984.

.2635 REQUIREMENTS FOR TEMPORARY FOOD ESTABLISHMENTS

The following requirements shall be satisfied in order for temporary food establishments to qualify for a permit under Rule .2602 of this Section:

(1) Temporary food establishments shall be located in clean surroundings and kept in a clean and sanitary condition. They shall be so constructed and arranged that food, utensils, and equipment will not be exposed to insects, dust, and other contamination. Protection against flies and other insects shall be provided by screening or by effective use of fans.

(2) Where food or griddles are exposed to the public or to dust or insects, they shall be protected by glass, or otherwise, on the front, top, and ends, and exposed only as much as may be necessary to permit handling and serving of the food.

(3) All griddles, warmers, spatulas, refrigerators, and other utensils and equipment shall be cleaned routinely and maintained in a sanitary manner.

(4) Running water under pressure shall be provided. The water supply shall be approved and of a safe, sanitary quality. Provisions shall be made for heating water for the washing of utensils and equipment. At least a single vat sink, large enough in which to wash cooking utensils, pots, and pans, must be provided. At least one drainboard or counter top space must be provided.

(5) Facilities shall be provided for employees' handwashing. These may consist of a pan, soap, and single-use towels.

(6) Convenient and approved toilet facilities shall be provided for use by employees. Public toilet facilities provided on the grounds are acceptable if reasonably convenient, adequate, and kept clean. Sewage shall be disposed of in an approved manner.

(7) Potentially hazardous foods shall be refrigerated in accordance with Rule .2609 of this Section. All food shall be stored, handled, and displayed in accordance with Rule .2610(a) through (d) of this Section. Food service equipment shall be stored in accordance with Rule .2620 of this Section.

(8) Garbage and refuse shall be collected and stored in standard water-tight garbage cans provided with tightfitting lids or other approved containers or methods. Garbage and refuse shall be removed at least daily and disposed of in a sanitary manner. Waste water shall be so disposed of as not to create a nuisance. Each operator shall keep his immediate premises clean.

(9) All food served shall be clean, wholesome, and free from adulteration. Potentially hazardous foods such as cream-filled pastries and pies, and salads such as potato, chicken, ham, crab, etc., shall not be served in a temporary food establishment. Hamburgers shall be obtained from an approved market or plant in patties separated by clean paper, or other wrapping material, and ready to cook. Wrapped sandwiches shall be obtained from an approved source. Poultry shall be prepared for cooking in an approved market or plant. Drinks served shall be limited to packaged, canned, or bottled drinks, packaged milk, coffee, or carbonated beverages from approved dispensing devices.

(10) Food prepared by local groups shall be prepared in an approved kitchen, and such groups shall maintain a record of the type and origin of such foods. These foods shall be prepared, transported, and stored in a sanitary manner protected from contamination and spoilage.

(11) No person who has a communicable or infectious disease that can be transmitted by foods, or who is a carrier of organisms that cause such a disease, or who has a boil, infected wound, or an acute respiratory infection with cough and nasal discharge, shall work in a temporary food establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces, with disease-causing organisms or transmitting the illness to other persons.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. January 1, 1996; May 1, 1991; July 1, 1984.

.2636 REQUIREMENTS FOR TEMPORARY RESTAURANTS

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Repealed Eff. January 1, 1996.

.2637 EMPLOYEES' COOK TENTS

(a) Cooking facilities that serve only employees of the fair, carnival, circus, or other similar organizations are not subject to these Rules. Such tents shall be located away from public area and a sign reading "For Employees Only" shall be prominently displayed.

(b) If employee cooking facilities also serve the public, they shall meet all requirements for a temporary food stand or temporary restaurant.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991.

.2638 GENERAL REQUIREMENTS FOR PUSHCARTS AND MOBILE FOOD UNITS

(a) A permit shall be issued by the local health department which provides sanitation surveillance for the restaurant or commissary from which the pushcart or mobile food unit is to operate, if the local health department determines that the pushcart or mobile food unit complies with these Rules.

(b) The permit shall be posted on the pushcart or mobile food unit. Grade cards shall not be posted.

(c) The local health department which issues the permit shall be provided by individuals receiving a permit a list of counties and locations where each pushcart or mobile food unit will operate.

(d) Individuals receiving a permit to operate a pushcart or mobile food unit shall provide the local health department in each county in which food service operations are proposed a list of locations where they will operate. Such lists must be kept current.

(e) Prior to initiating food service operations in a particular jurisdiction, the operator of the pushcart or mobile food unit shall submit to that particular jurisdiction such carts or units for inspection or reinspection to determine compliance with this Section.

(f) Pushcarts or mobile food units shall operate in conjunction with a permitted restaurant or commissary and shall report at least daily to the restaurant or commissary for supplies, cleaning, and servicing. Facilities, in compliance with this Section, shall be provided at the restaurant or commissary for storage of all supplies. The pushcart shall also be stored in an area that protects it from dirt, debris, vermin and other contamination. Water faucets used to supply water for pushcarts and mobile food units shall be protected to prevent contact with chemicals, splash and other sources of contamination. Solid waste storage and liquid waste disposal facilities must also be provided on the restaurant or commissary premises.

(g) All foods shall be obtained from approved sources and shall be handled in a manner so as to be clean, wholesome, and free from adulteration.

(h) All potentially hazardous foods shall be maintained at 45 F (7 C) or below or 140 F (60 C) or above, or as required in Rule .2609 of this Section. A metal stem-type thermometer accurate to ą 2 F. (ą 1 C.) shall be available to check food temperatures.

(i) Only single-service eating and drinking utensils shall be used in serving customers. Single-service items must be properly stored and handled.

(j) All garbage and other solid waste shall be stored and disposed of in an approved manner.

(k) Employees shall be clean as to their person and foodhandling practices. Clean outer clothing and hair restraints are required.

(l) No person who has a communicable or infectious disease that can be transmitted by foods, or who is a carrier of organisms that cause such a disease, or who has a boil, infected wound, or an acute respiratory infection with cough and nasal discharge, shall work with a pushcart or mobile food unit in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces, with disease-causing organisms or transmitting the illness to other persons.

(m) All equipment and utensils shall be easily cleanable and kept clean and in good repair.

(n) The pushcart or mobile food unit shall be kept in a clean and sanitary condition and be free of flies, roaches, rodents, and other vermin.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. January 4, 1994; September 1, 1991; May 1, 1991.

.2639 SPECIFIC REQUIREMENTS FOR PUSHCARTS

(a) Only hot dogs shall be prepared, handled, or served from a pushcart; however, foods which have been prepared, pre-portioned and individually pre-wrapped at a restaurant or commissary may be served from a pushcart.

(b) Food and utensils on the cart exposed to the public or to dust or insects shall be protected by glass, or otherwise, on the front, top, and ends, and exposed only as much as may be necessary to permit the handling and serving of hot dogs.

(d) The permit applicant or permittee shall provide documentation to the Department which demonstrates the ability of all pre-portioned, individually pre-wrapped foods placed on the pushcart to hold temperatures under conditions approximating actual use, for the time periods specified by the permit applicant.

(e) Each pre-wrapped food item shall bear the name of the restaurant or commissary at which it was prepared, the name of the food item and the time and date of expiration. The wrapper shall enclose the food at all times but sealing is not required.

(f) Pre-portioned, individually pre-wrapped food that remains after the specified time period has elapsed shall not be sold for human consumption.

(g) Pushcarts shall not be provided with seating facilities.

(h) Pushcarts shall not be used for consumer self-service.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. January 4, 1994; September 22, 1980.

.2640 SPECIFIC REQUIREMENTS FOR MOBILE FOOD UNITS

(a) The mobile food unit shall be constructed and arranged so that food, drink, utensils, and equipment will not be exposed to insects, dust, and other contamination. Protection against flies and other insects shall be provided by screening or by effective use of fans. Where food or griddles are exposed to the public or to dust or insects, they shall be protected by glass, or otherwise, on the front, top, and ends, and exposed only as much as may be necessary to permit the handling and serving of food.

(b) A mobile food unit shall have a potable water system under pressure. The system shall furnish hot and cold water for all food preparation, utensil cleaning, and handwashing. The water inlet shall be located so that it will not be contaminated by waste discharge, road dust, oil, or grease, and it shall be kept capped unless being filled.

(d) Handwashing lavatory with hot and cold water, combination supply faucet, soap, and single-service towels shall be provided.

(e) At least an approved single-compartment sink shall be provided. This sink shall be of sufficient size to submerge, wash, and rinse cooking utensils and shall have splashback protection and drainboards that are an integral part of, and continuous with, the sink. These drainboards shall be of sufficient size to accommodate the drying of washed utensils. However, in cases where no food is prepared on the mobile food unit and all utensils are effectively cleaned at the restaurant, the equipment sink is not required.

(f) Sewage disposal must be provided either by means of an approved sewage disposal system or approved sewage storage tanks. Sewage storage tanks must be maintained in a manner so as not to create a health hazard or nuisance and to prevent contamination of foods or water supply. Toilets are not required on the unit. Liquid waste that results from the operation of a mobile food unit shall be disposed of in an approved sewage disposal system or stored in a permanently installed sewage storage tank that is of at least 15 percent larger capacity than the water supply tank. Liquid waste shall not be discharged from the sewage storage tank when the mobile food unit is in motion. All connections on the vehicle for servicing mobile food unit waste disposal facilities shall be of a different size or type than those used for supplying potable water to the mobile food unit. The waste connection shall be located lower than the water inlet connection to preclude contamination of the potable water system.

(g) A servicing operations area shall be established at a restaurant for the mobile food unit. Potable water servicing equipment shall be installed, stored, and handled to protect the water and equipment from contamination. The mobile food unit's sewage storage tank shall be thoroughly flushed and drained during servicing operation. All sewage shall be discharged to an approved sewage disposal system.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991; April 1, 1985.

.2641 PROCEDURE WHEN INFECTION SUSPECTED

When the local health department has reason to suspect the possibility of exposure to, or transmission of, infection within a foodhandling operation from any person or from any food or drink, the local health director shall act in accordance with the Communicable Disease Laws and Rules (G.S. 130A-133 through 148, 15A NCAC 19A).

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. May 1, 1991.

.2642 SEVERABILITY

If any rule in this Section, or the application thereof to any person or circumstance, is held invalid, the remainder of these Rules, or the application of such provision to other persons or circumstances, shall not be affected thereby.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980.

.2643 APPEALS PROCEDURE

Appeals concerning the interpretation and enforcement of the rules in this Section shall be made in accordance with G.S. 150B.

History Note: Authority G.S. 130A-248;

Eff. May 5, 1980;

Amended Eff. February 1, 1987.

.2644 REQUIREMENTS FOR CATERED ELDERLY NUTRITION SITES

Catered Elderly Nutrition Sites shall comply with all the requirements provided in Rules .2601 - .2633 of this Section with the following exceptions:

(1) sites responsible for the cleaning of coffee and tea preparation pitchers and related utensils shall have at least a two-compartment domestic sink for these purposes that shall not be required to meet the standards in Rules .2617(d) and .2618(h); the sink shall be constructed of non-toxic, corrosion-resistant materials which are smooth and durable under conditions of actual use; and under this provision, all other service utensils shall be returned to the caterer for washing and sanitizing;

(2) if refrigerated storage is limited to foods that do not require cooling or reheating, mechanical refrigeration equipment shall be required but shall be exempt from meeting the standards in Rule .2617(d);

(3) the following shall apply in place of the requirements in Rule .2626 (b), (d) and (e):

(a) garbage receptacles shall be kept clean and in good repair, with tight-fitting lids;

(b) can liners shall be required for all garbage receptacles unless the site has approved can-wash facilities;

(c) mop or can-cleaning water shall not be disposed of in the utensil sink; all waste water from mopping, can-cleaning, and other cleaning operations shall be disposed of in a mop sink or another approved manner in accordance with Rule .2626(a) of this Section; and

(d) dumpster lids shall be kept closed.

History Note: Authority G.S. 130A-248;

Eff. March 1, 1989;

Amended Eff. July 1, 1993.

.2645 REQUIREMENTS FOR LIMITED FOOD SERVICE ESTABLISHMENTS

Limited food service establishments shall comply with all the restaurant requirements of this Section, except that the following provisions shall apply in lieu of .2602, .2603, .2604(c), .2605, .2606, .2607, .2610(f), .2617(d), .2618(d) and (h), .2624, .2626(d), .2627 through .2629, and .2630(a):

(1) The permit for a limited food service establishment shall be posted at a conspicuous place where it can be readily seen by the public at all times. Permits for limited food service establishments shall expire on December 31 of each year. A new permit from the Department shall be obtained before the limited food service establishment shall be allowed to operate each year. Transitional permits shall not be issued. Limited food service establishments shall not be subject to grading.

(2) The permit application shall be submitted to the local health department at least four weeks prior to construction or commencement of operation. The permit application shall include a proposal for review and approval which includes a menu, plans and specifications for the proposed limited food service establishment, and location and dates of operation.

(3) Limited food service establishments shall not prepare any potentially hazardous foods prior to the day of sale.

(4) Potentially hazardous foods which have been heated at the limited food service establishment and remain at the end of the day shall not be sold.

(5) Foods which have been heated at the limited food service establishment shall not be reheated or placed in refrigeration to be used another day.

(6) Salads containing potentially hazardous foods shall not be prepared by the limited food service establishment.

(7) All meats, poultry, and fish shall be purchased in a pre-portioned, ready-to-cook form.

(8) Domestic equipment which is in good repair and operating properly may be used. However, food brought into a limited food service establishment shall not have been prepared in a domestic kitchen. At least a two compartment utensil- washing sink with drainboards on each end or counter space on both sides of the sink shall be provided for air-drying of clean sanitized utensils. The sink shall be of sufficient size and depth to submerge, wash, rinse, and sanitize utensils.

(9) Only single-service articles shall be used.

(10) Customer self-service is prohibited except for condiments in individual packages or in pour-type or squeeze-type containers.

(11) Any area where food is handled, prepared, cooked, or stored shall be provided with a weatherproof roof.

(12) Floors, walls and ceilings of limited food service establishments which are located in permanent structures on the effective date of this rule shall meet the requirements in Rule .2627 and .2628 of this Section no later than July 1, 1996. Floors, walls, and ceilings of limited food service establishments which are located in permanent structures constructed after the effective date of this rule shall comply with Rule .2627 and .2628 of this Section. Limited food service establishments shall use dustless methods of floor cleaning and all except emergency floor cleaning shall be done during those periods when the least amount of food and drink is exposed, such as after closing, or between meals.

(13) The limited food service establishment shall be connected to necessary utilities such as electrical service at all times food is present in the establishment.

(14) All areas in which food is handled, prepared, or in which utensils are washed shall be provided with artificial lighting. Fixtures shall be kept clean and in good repair.

(15) Convenient toilet facilities shall be provided for use by employees. Public toilet facilities provided on the grounds are acceptable if kept clean. Toilet facilities for the public are not required.

(16) Durable, legible signs which read that employees must wash their hands before returning to work shall be posted or stenciled conspicuously at each employees' hand washing facility.

(17) Garbage can liners shall be required for all garbage receptacles unless the site has can wash facilities.

History Note: Authority G.S. 130A-248;

Eff. July 1, 1994.