Alabama Administrative Code
Title 420 - ALABAMA STATE BOARD OF HEALTH
Chapter 420-3-22 - FOOD ESTABLISHMENT SANITATION
Section 420-3-22-.09 - Mobile Food Establishments
Universal Citation: AL Admin Code R 420-3-22-.09
Current through Register Vol. 42, No. 11, August 30, 2024
(1) General - Mobile food establishments, units, or pushcarts shall comply with the requirements of 420-3-22-.09 except as otherwise provided in this rule. The Health Officer may impose additional requirements to protect against health hazards related to the conduct of the food service establishment as a mobile operation, may prohibit the sale of some or all time/temperature control for safety food, and when no health hazard will result, may waive or modify requirements of this rule relating to physical facilities, except those requirements of 420-3-22-.09(6). Pushcarts shall have overhead protection, such as an umbrella, to cover the food area.
(2) Restricted Operation -
(a) A mobile food
establishment or unit shall be approved by the Health Officer to operate within
each county before operating within that county. Authorization to operate in
one county does not confer authorization to operate in any other county. It
shall be the responsibility of the mobile food establishment operator and the
commissary permit holder to obtain proper approval and authorization to operate
within each county.
(b) Mobile food
units or pushcarts serving only food prepared, packaged in individual servings,
transported and stored under conditions meeting the requirements of these
rules, or beverages that are not time/temperature control for safety and are
dispensed from covered dispensers, covered urns, or other protected equipment,
need not comply with requirements of these rules pertaining to the necessity of
water and waste water systems nor to those requirements pertaining to the
cleaning and sanitization of equipment and utensils, if the required equipment
for cleaning and sanitizing exists at the commissary.
(c) During operation, all food shall be
conveyed, held, stored, displayed, and served from the mobile food unit, except
that pull-behind trailer units used only for cooking may be allowed if
pre-approved by the Health Officer.
(d) All foods, single service articles,
single use articles, and other items used for the operation of the mobile food
unit shall be stored at the approved commissary other than during normal
business operation of the mobile food unit, except that time/temperature
control for safety foods in packages or containers that have been opened,
including opened or unpackaged time/temperature control for safety foods in
holding bins on the mobile food unit, shall be discarded after each day's
operation.
(3) Requirements -
(a) Public health
protection - Mobile food units or pushcarts shall have the appropriate
facilities to provide public health protection for the specific type of food
operation conducted on or at the mobile unit or pushcart according to Appendix
"A".
(b) Handwashing facilities -
Handwashing facilities shall be provided on the mobile food establishment or
pushcart where any food preparation activities are conducted or unpackaged
foods are handled. This facility shall include a sink, soap and towels in
dispensers, and a reliable supply of hot and cold water dispensed through a
mixing valve faucet. Facilities to heat water shall be on the mobile food unit.
The facilities and supplies shall be located to be easily accessible and
unobstructed for use by the operator. Gloves are not allowed as a substitute
for a handwashing facility.
(c)
Single-service articles - Mobile food units or pushcarts shall provide only
single-service articles that are individually wrapped or in sanitary containers
or approved dispensers for use by the consumer.
(d) Mobile food unit identification - The
business name and address of the commissary, as shown on the commissary's Food
Permit, and telephone number of the commissary, shall be permanently placed on
at least two sides of the mobile food unit. Lettering shall be legible, clearly
visible to the public from the service area, and of a color contrasting with
the unit exterior. The name shall be in letters at least three inches high with
strokes of at least 3/8 inch width. The address and telephone number shall be
in letters at least one inch high.
(e) Plan review -
1. A drawing showing the location of the
mobile unit or pushcart's water supply tank, waste water retention tank,
handwashing facility, utensil washing facility, food storage compartments and
any other pertinent information requested by the Health Officer shall be
provided in conjunction with the commissary plan review required in section
420-3-22-.09(6)(c).
2. A plan of operations shall be filed with
the Health Officer stating the proposed menu and methods of complying with the
requirements of these rules for temperature control, handwashing, and servicing
at the commissary. The plan of operations shall specify if the mobile food
establishment is proposed to:
(i) be at any
one sales location, or essentially the same sales location, for longer than two
hours,
(ii) be at any sales
location that is more than two hours travel time from the commissary,
or
(iii) operate in a county other
than where the commissary is located.
3. For any location where the mobile food
establishment is proposed to stay for two or more hours, the plan of operations
shall provide for toilet facilities for the operator. These toilet facilities
shall be in a permanent building that is not a private residence; shall be
readily available for use by the mobile food unit operator; within
approximately 200 feet of the mobile food unit's location unless otherwise
approved by the Health Officer; and except for ventilation and ceiling
construction, meet the requirements of these rules for food establishment
toilet rooms.
(4) Responsibility of commissary permit holder - It shall be the responsibility of the commissary permit holder to comply with the provisions of the approved plan of operations. Failure to comply with the provisions of the plan of operations, including preventing priority or priority foundation item violations on the mobile food unit, shall be noted on the commissary inspection report and may be grounds for suspension or revocation of the commissary food permit and the authorization to operate a mobile food establishment.
(5) Caterer - Caterers shall furnish the following information along with the application for a Food Permit:
(a) A
list of the general types of foods proposed to be catered such as "barbecue
pork", "baked goods" or similar general descriptions;
(b) A description of food preparation
processes and, if time/temperature control for safety food is to be cooled
prior to service, a description of cooling methods; and,
(c) A description of methods and equipment
for food storage, food display, and food service.
(6) Commissary base of operations -
(a) Mobile food units or
pushcarts shall operate from a commissary and shall report at least daily to
such location for all supplies and for all cleaning and servicing
operations
(b) The commissary or
other fixed food service establishment used as a base of operation for mobile
food units or pushcarts shall include, at a minimum, in accordance with
Appendix "A", employee toilet facilities, a handwashing sink, a warewashing
sink, a servicing area, and be constructed and operated in compliance with
these rules.
(c) An existing food
establishment proposing to convert to a commissary for a mobile food
establishment shall first furnish plans for review and approval showing
compliance with the requirements of these rules for a servicing area as
specified in
420-3-22-.09(6),
the proposed storage area for foods and other supplies, and, if the mobile unit
is a pushcart, the covered and protected storage area reserved for the
pushcart.
(d) The commissary owner
shall make the mobile food units or pushcarts available for inspection at the
commissary at any reasonable time as requested by the Health Officer. In the
event a mobile food unit or pushcart cannot be presented for inspection at the
commissary, the commissary's permit shall be suspended in accordance with the
provisions of
420-3-22-.08(4).
(7) Mobile Food Unit Servicing Area -
(a) A mobile food
unit servicing area shall be provided and should include overhead protection
for any supplying, cleaning or servicing operation. This servicing area will
not be required where only packaged food is placed on the mobile food unit or
pushcart or where mobile food units do not contain water tanks or waste water
retention tanks.
(b) Within this
servicing area, there shall be a location provided for the flushing and
drainage of liquid wastes separate from the location provided for water
servicing and for the loading and unloading of food and related
supplies.
(c) The surface of the
servicing area shall be constructed of a smooth, nonabsorbent material, such as
concrete or machine laid asphalt, and shall be maintained in good repair, kept
clean and be graded to drain.
(d)
The construction of the walls and ceilings of the servicing area is exempted
from the provisions of
420-3-22-.06.
Authors: Ronald Dawsey, Billy W. Johnson, Mark Sestak Statutory Authority: Code of Ala. 1975, §§ 22-2-2(6), 22-20-5.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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