Current through Register Vol. 51, No. 19, September 20, 2024
The person-in-charge shall ensure that:
A. Except as provided in §§B and M
of this regulation, equipment and utensils meet one or more of the following
sanitation design standards:
(1) National
Sanitation Foundation (NSF);
(2)
The ETL SEMKO division of Intertek Group PLC (Intertek ETL SEMKO);
(3) Canadian Standards Association
(CSA);
(4) Underwriters
Laboratories (UL);
(5) Bakery
Industry Sanitation Standards Committee;
(6) National Automatic Merchandising
Association;
(7) International
Association of Food Protection;
(8)
American Society of Mechanical Engineers;
(9) U.S. Department of Agriculture;
or
(10) Another applicable
published standard acceptable to the Department;
B. When design standards conflict with State
laws, codes, or regulations, the State laws, codes, or regulations are
followed;
C. Food processing
equipment and utensils are:
(1) Designed and
constructed to allow for adequate cleaning and sanitizing;
(2) Installed in a way to facilitate
cleaning, sanitizing, and maintenance of the equipment and the surrounding
areas, including equipment that does not come in contact with food;
(3) Designed and constructed to prevent
contamination and allergen cross-contact; and
(4) Maintained in:
(a) Proper working condition; and
(b) A manner that protects against
contamination and allergen cross-contact;
D. Each freezer and cold storage unit used to
store and transport food capable of supporting growth of microorganisms:
(1) Maintains temperatures that ensure food
safety and protect against spoilage;
(2) Is fitted with an indicating thermometer,
temperature-measuring device, or temperature-recording device that is:
(a) Calibrated to be accurate to within plus
or minus 2°F; and
(b) Placed in
a conspicuous location to show the temperature accurately within the
unit;
E. All
food-contact surfaces are designed, constructed, and maintained to be:
(1) Smooth;
(2) Easily cleanable;
(3) Durable;
(4) Non-absorbent;
(5) Constructed of food grade material where
applicable;
(6) Corrosion
resistant;
(7) Made of nontoxic
material that does not impart toxic or deleterious matter to the
food;
(8) Inert to food and do not
migrate into or adulterate food; and
(9) Smoothly bonded at the seams and
maintained to minimize accumulation of:
(a)
Food particles;
(b) Dirt;
and
(c) Organic matter;
F. Food-packaging
material:
(1) Is food grade;
(2) Is safe;
(3) Is able to maintain food safety and
integrity;
(4) Is appropriate for
the food item and the intended use;
(5) Is not reused if intended for
single-service;
(6) Meets the
labeling requirements in Regulation .13B(2) of this chapter;
(7) Does not migrate to or have the potential
to be absorbed by food; and
(8)
Complies with the requirements of the U.S. Food and Drug Administration in 21
CFR Parts 174-178 for indirect food additives;
G. Instruments and controls required for
measuring, regulating, or recording temperatures, pH, acidity, water activity,
or other conditions that control or prevent the growth of undesirable
microorganisms in food are accurate and adequate in number for their designated
uses;
H. Thermometers used to
monitor required temperatures are calibrated or checked for accuracy annually
using an approved method;
I.
Compressed air or other gasses mechanically used to clean food-contact surfaces
or equipment are treated in such a way that food is not contaminated with
unlawful indirect food additives;
J. Non-food-contact equipment is:
(1) Smooth;
(2) Easily cleanable;
(3) Durable; and
(4) Non-absorbent;
K. The food storage area of a transportation
vehicle is maintained in:
(1) Good
repair;
(2) Working condition;
and
(3) A manner that protects
against contamination of food;
L. Containers, equipment, and vehicles used
to convey or hold human food by-products for use as animal food are designed
and constructed of appropriate material to protect against contamination;
and
M. Equipment submitted to the
approving authority for review that meets the provisions of §§C-E of
this regulation but fails to comply with §A of this regulation is:
(1) Not harmful to public health;
and
(2) Consistent with industry
standards and practice.
