Current through Register Vol. 47, No. 6, September 18, 2024
The department adopts, with the following exceptions, the
2017 Food Code with Supplement of the Food and Drug Administration as the
state's "food code," which is the inspection standard for food establishments
other than food processing plants.
(1)
Unattended food establishments-assignment of responsibility.
For the purposes of section 2-101.11 (C) of the 2017 Food Code with Supplement,
unattended food establishments are not required to have a designated person in
charge present during all hours of operation provided that the permit holder
ensures the following requirements are met.
a.
Unattended food establishment location. The unattended food
establishment shall be located in the interior of a building that is not
accessible by the general public. Access to the unattended food establishment
shall be limited to a defined population (e.g., employees or occupants of the
building where the establishment is located).
b.
Nature and source of food and
beverages offered for sale.
(1) Only
commercially packaged foods properly labeled for individual retail sale,
pursuant to Food Code section 3-201.11 (C), shall be offered.
(2) No unpackaged food is permitted except as
provided by section 3-302.11 (B)(1) of the Food Code.
(3) Food preparation by consumers is limited
to heating/reheating food in a microwave oven.
(4) No dispensing of bulk food is
permitted.
c.
Refrigerated display equipment. An unattended food
establishment shall be equipped with refrigeration or freezer units that have
the following features:
(1) Self-closing doors
that allow food to be viewed without opening the door to the refrigerated
cooler or freezer; and
(2) An
automatic self-locking mechanism that prevents the consumer from accessing the
food upon the occurrence of any condition that results in the failure of the
refrigeration unit to maintain the internal product temperature specified under
section 3-501.16 (A)(2) or of the freezer unit to maintain the product as
frozen.
d.
Food
service equipment limitations.
(1)
Beverages are dispensed by individual serving only. Beverage dispensers
connected to the building water supply must be properly equipped with backflow
prevention pursuant to section 5-203.14 of the Food Code.
(2) Food-contact surfaces.
1. Multiuse food-contact surfaces shall be
cleaned on a frequency consistent with the service pursuant to section 4-202.11
of the Food Code or can be and are easily removed and replaced with cleaned
surfaces.
2. No multiuse
food-contact surfaces intended for use with time/temperature control for safety
foods are permitted.
e.
Security.
(1) An unattended food establishment shall
provide continuous video surveillance of areas where consumers view, select,
handle and purchase products. The continuous video surveillance shall provide
sufficient resolution to identify situations that may compromise food safety or
food defense.
1. Video surveillance recordings
shall be maintained and, upon request by a representative of a regulatory
agency, made available for inspection within 24 hours of the request.
2. Video surveillance recordings shall be
held by the establishment for a minimum of 14 days after the date of the
surveillance.
(2) The
permit holder shall take reasonable steps necessary to discourage individuals
from returning food, beverages, or both that have not been selected for
purchase.
f.
Routine maintenance at an unattended food establishment.
(1) The permit holder shall service the
unattended food establishment at least weekly. Service may include, but is not
limited to, the following:
1. Checking food
supplies and equipment for signs of product damage, tampering, or
both.
2. Verifying that
refrigeration equipment is operating properly, including the temperature
display and self-locking mechanism.
3. Rotating foods to better ensure first
in/first out of food items.
4.
Cleaning food service equipment and food display areas.
5. Stocking food and disposable single-use
and single-service supplies.
6.
Checking inventory for recalled foods.
(2) The permit holder shall ensure that:
1. Food is from an approved source.
2. Packaged food is provided in
tamper-evident packaging.
3. Food
is protected from potential sources of cross contamination.
4. Food is maintained at safe temperatures
during transport and display.
g.
Unattended food establishment
oversight. Each unattended food establishment shall have a sign
readily visible at the automated payment station stating:
(1) The name and mailing address of the
business entity responsible for the establishment and to whom complaints and
comments should be addressed.
(2)
The telephone number, email address or web information for the responsible
business entity, when applicable.
h.
Designation of
responsibilities. The permit holder bears all responsibilities for the
operation of the food establishment. When the permit holder is not the owner or
operator of the building where the food establishment is located, a mutual
agreement that outlines the responsibilities for cleaning and maintenance of
all surfaces and equipment and for provision of supportive facilities/services,
such as janitorial services and restroom facilities, pest control and removal
of solid waste, may be approved by the regulatory agency. This agreement should
also outline actions that must be taken by both parties to maintain the
establishment in compliance with all requirements including responding to
imminent health hazards.
i.
Inspections-on-site person in charge. When requested by the
regulatory authority for the purposes of conducting an inspection, the permit
holder shall provide an on-site person in charge within a reasonable time frame
not to exceed four hours.
(2)
Certified food protection manager
requirements, exceptions, and time frames for compliance.
a. For the purposes of section 2-102.12 (A)
of the 2017 Food Code with Supplement, the food establishment may employ a
single certified food protection manager who is not present at the food
establishment during all hours of operation, as long as the following
requirements are met:
(1) The individual who
is a certified food protection manager has supervisory and management
responsibility and the authority to direct and control food preparation and
service at the food establishment;
(2) The person in charge demonstrates
knowledge as prescribed in section 2-102.11 of the 2017 Food Code with
Supplement; and
(3) The person in
charge demonstrates active managerial control of food safety by complying with
section 2-103.11 of the 2017 Food Code with Supplement.
b. A food establishment that, upon
inspection, is found to be in violation of section 2-102.11 or 2-103.11 of the
2017 Food Code with Supplement will have six months to ensure that any
individual designated as the person in charge is a certified food protection
manager.
c. For the purposes of
section 2-102.12 (B), the following food establishments are not required to
employ a certified food protection manager:
(1) Food establishments that sell only
prepackaged food.
(2) Temporary or
farmers market food establishments.
(3) Food establishments at which food is not
prepared, where customers may purchase beverages and where the service of food
is limited to the service of ice, beverages, prepackaged snack foods, popcorn
or peanuts and to the reheating of commercially prepared foods for immediate
service that do not require assembly, such as frozen pizza or prepackaged
sandwiches.
(4) Food establishments
at which food is not prepared, where customers may purchase only commercially
prepared non-time/temperature control for safety foods that are dispensed
either unpackaged or packaged and that are intended for off-premises
consumption.
d. Time
frames for compliance with section 2-102.12 of the 2017 Food Code with
Supplement, as amended by paragraphs 31.1(2)
"a" and
"b," are as follows:
(1)
Newly licensed facilities must comply with section 2-102.12 of the 2017 Food
Code with Supplement, as amended by paragraphs 31.1(2)"a" and
"b," within six months of licensure.
(2) If an individual meeting the requirement
of paragraph 31.1(2)"a" leaves employment, the establishment
shall meet the requirement of section 2-102.12 of the 2017 Food Code with
Supplement, as amended by paragraphs 31.1(2)"a" and
"b," within six months of the individual's
departure.
(3)
Honey prepared in a residence. Section 3-201.11 is amended to
allow honey which is stored; prepared, including by placement in a container;
or labeled at or distributed from the premises of a residence to be sold in a
food establishment.
(4)
Homemade food items prepared in a licensed home food processing
establishment. Section 3-201.11 is amended to allow homemade food
items that are eligible for resale and are prepared, packaged, and labeled
pursuant to 481-Chapter 34 to be offered for human consumption in a food
establishment.
(5)
Wild-harvested mushrooms. Section 3-201.16, paragraph (A), is
amended by adding the following:
"A food establishment or farmers market time/temperature
control for safety food licensee may sell or serve wild-harvested mushrooms
provided:
"a. All wild-harvested
mushrooms sold or served are varieties classified as one of the following:
|
Common name
|
Scientific name
|
|
Morel
|
Morchella spp. (M.
americana, M. angusticeps, M. punctipes)
|
|
Oyster
|
Pleurotus citrinopileatus, Pleurotus
ostreatus, Pleurotus populinus, or Pleurotus
pulmonarious
|
|
Chicken of the woods
|
Laetiporus (L. cincinnatus, L.
sulphureus)
|
|
Hen of the woods
|
Grifola frondosa
|
|
Chanterelle
|
Cantharellus cibarius group
|
|
Bear's head tooth, Lion's mane
|
Hericium spp.(H. erinaceus,
H. americanum)
|
|
Pheasant back
|
Polyporus squamosus
|
|
Black trumpet
|
Craterellus cornucopoides
|
"b.
All wild-harvested mushrooms sold or served in a food establishment must be
obtained from sources where each mushroom is individually inspected and found
to be safe by a certified wild-harvested mushroom identification
expert.
"c. All wild-harvested
mushroom species sold or served in a food establishment must have a written
buyer specification. The buyer shall retain the written buyer specification for
90 days from the date of sale or service. The written buyer specification must
include all of the following information:
"1.
Identification of each mushroom species by the scientific and common
name;
"2. Date of
purchase;
"3. Quantity by weight of
each species received;
"4. A
statement indicating that each mushroom was identified in its fresh state and
was not mixed or in contact with other mushroom species;
"5. The name, address, and telephone number
of the certified wild-harvested mushroom identification expert; and
"6. A copy of the certified wild-harvested
mushroom identification expert's certificate of successful completion of the
program, including the date of completion.
"d. A consumer advisory shall inform
consumers by brochures, deli case, menu advisories, label statements, table
tents, placards, or other effective written means that 'wild-harvested
mushrooms should be thoroughly cooked and may cause allergic reactions or other
effects.'
"e. This section does not
apply to cultivated mushrooms or mushrooms that have been packaged in an
approved food processing plant."
(6)
Field-dressed wild game
prohibition. Subparagraph 3-201.17 (A)(4) is amended to state that
field-dressed wild game shall not be permitted in food establishments unless:
a. The food establishment is also licensed
and inspected by the Iowa department of agriculture and land stewardship, meat
and poultry inspection bureau, pursuant to Iowa Code section
189A.3;
b. All field-dressed wild game is adequately
separated from food, equipment, utensils, clean linens, and single-service and
single-use articles; and
c. Any
equipment used in the processing of field-dressed wild game is adequately
cleaned and sanitized before use with other foods.
(7)
Reduced oxygen packaging in meat
and poultry processing plants. Meat and poultry processing plants that
are licensed and inspected by the Iowa department of agriculture and land
stewardship (IDALS) meat and poultry inspection bureau pursuant to Iowa Code
section
189A.3 and that are
also licensed as a food establishment are exempt from section 3-502.11,
paragraphs (A), (B), (D) and (F), and section 3-502.12 if all of the following
criteria are met:
a. Each food product
formulation has been approved by the Iowa department of agriculture and land
stewardship, meat and poultry inspection bureau;
b. A copy of the approved formulation
(T40/45) is maintained on file at the establishment and made available to the
regulatory authority upon request;
c. Cooked products that do not include a
curing agent or an antimicrobial agent that will control Clostridium botulinum
and Listeria monocytogenes that are in a reduced oxygen package are stored and
sold frozen and are labeled "Keep Frozen"; and
d. The food products are properly
labeled.
(8)
Reduced oxygen packaging. Section 3-502.12 is amended to
include the following:
"A HACCP PLAN is not required when a FOOD ESTABLISHMENT
packages raw meat and poultry using a REDUCED OXYGEN PACKAGING method and
includes on the package a 30-day "sell by" date from the date the raw meat or
poultry was packaged."
(9)
Warewashing sinks in establishments serving alcoholic
beverages. Section 4-301.12 is amended by adding the following: "When
alcoholic beverages are served in a food service establishment, a sink with not
fewer than three compartments shall be used in the bar area for manual washing,
rinsing and sanitizing of bar utensils and glasses. When food is served in a
bar, a separate three-compartment sink for washing, rinsing and sanitizing
food-related dishes shall be used in the kitchen area, unless a dishwasher is
used to wash utensils."
(10)
Allowance for two-compartment sinks in certain circumstances.
Paragraph 4-301.12 (C) is amended by adding the following: "Establishments need
not have a three-compartment sink when each of the following conditions is met:
"1. Three or fewer utensils are used for food
preparation;
"2. Utensils are
limited to tongs, spatulas, and scoops; and
"3. The department has approved after
verification that the establishment can adequately wash and sanitize these
utensils."
(11)
Service sink. For existing establishments, if waste water is
being appropriately disposed of, section 5-203.13 for existing establishments
shall go into effect upon the establishment's renovation or sale.
(12)
Backflow protection.
Section 5-203.14 is amended by adding the following: "Water outlets with hose
attachments, except for water heater drains and clothes washer connections,
shall be protected by a non-removable hose bibb backflow preventer or by a
listed atmospheric vacuum breaker installed at least six inches above the
highest point of usage and located on the discharge side of the last
valve."
(13)
Backflow
prevention. Paragraph 5-402.11 (D) is amended by adding the following:
"A culinary sink or sink used for food preparation shall not have a direct
connection between the sewage system and a drain originating from that sink.
Culinary sinks or sinks used in food preparation shall be separated by an air
break."
(14)
Prohibiting
animals. Section 6-501.115, paragraph (B), is amended by adding the
following:
"(6) Pet dogs may be allowed on
exterior premises of a food establishment, including outdoor patio and outdoor
dining areas, provided the food establishment meets all of the following
requirements:
"a. A separate entrance is
present so that pet dogs do not enter the food establishment to access the
outdoor area;
"b. No food
preparation is allowed in the outdoor area, including mixing or dispensing
drinks and ice;
"c. Customer
multi-service or reusable utensils such as plates, silverware, glasses, and
bowls are not stored, displayed, or pre-set in the outdoor area;
"d. Food or water provided to pet dogs shall
only be in single-use disposable containers provided by the food establishment
or a container provided by the pet owner that is filled without any contact
between the container and any dispensing item of the food
establishment;
"e. Employees are
prohibited from direct contact with pet dogs while on duty;
"f. The outdoor area is maintained
clean;
"g. In cases where excrement
or bodily fluids (urine, saliva, vomit, or the like) are deposited, an employee
shall immediately ensure the area is cleaned and sanitized;
"h. The outdoor area shall not be fully
enclosed (an enclosed area is considered part of the interior of the
facility);
"i. Disruptive pet dogs
must be controlled or removed from the premises;
"j. Rules governing pet dogs shall be posted
at each entrance of the food establishment and shall, at a minimum, contain the
following:
"i. Pet dogs shall be leashed at
all times;
"ii. Pet dogs shall not
enter any interior area of the food establishment at any time;
"iii. Pet dogs must be controlled at all
times by the dog's owner or designee;
"iv. Pet dogs are not permitted on chairs,
tables, benches or seats; and
"v.
Pet dog owners must immediately notify the food establishment's staff in the
event that excrement or bodily fluids (urine, saliva, vomit, or the like) are
deposited."
(15)
Inspection standards for elder
group homes. Elder group homes as defined by Iowa Code section
231B.1 shall be
inspected by the department, but chapters 4 and 6 of the Food Code shall not
apply. Elder group homes shall pay the lowest license fee set forth in
481-subrule 30.4(2).
(16)
Nonprofit exception for temporary events. Nonprofit
organizations that are licensed as temporary food establishments may serve
non-time/temperature control for safety food from an unapproved source for the
duration of the event. This does not include home-canned pickles, vegetables,
or fruits produced in accordance with Iowa Code section 137F.20 as enacted by
2022 Iowa Acts, House File 2431, section 10.
(17)
Variance approval by department
and submission of HACCP plans. Any variances or HACCP plans that
require approval by the "regulatory authority" must be approved by the
department. HACCP plans pursuant to paragraphs 3-502.12 (B) and 8-201.13 (B)
shall be filed with the department prior to implementation, regardless of
whether or not the plan requires approval.
(18)
Trichinae control for pork
products prepared at retail. Pork products prepared at retail shall
comply with the Code of Federal Regulations found in
9 CFR,
Section 318.10, January 1, 2015, publication,
regarding the destruction of possible live trichinae in pork and pork products.
Examples of pork products that require trichinae control include raw sausages
containing pork and other meat products, raw breaded pork products, bacon used
to wrap around steaks and patties, and uncooked mixtures of pork and other meat
products contained in meat loaves and similar types of products. The use of
"certified pork" as authorized by the Iowa department of agriculture and land
stewardship or the United States Department of Agriculture, Food Safety and
Inspection Service, shall meet the requirements of this subrule.
This rule is intended to implement Iowa Code section
137F.2.
