South Carolina Code of Regulations, Chapter 61-25.9, Part 61-25.9-1 - MOBILE FOOD | South Carolina Code of Regulations

(A) Definitions.

(1) A mobile food establishment consists of a commissary and mobile food unit(s) or mobile food pushcart(s). The food service portion of the operation is conducted from a movable driven or propelled vehicle, portable structure, or watercraft that can change location.

(2) A commissary is a permitted retail food establishment that is authorized by the Department to provide support of operations, storage, and servicing area for mobile food units or mobile food pushcarts, and is constructed and operated in compliance with the requirements of this regulation and standard. Retail food establishments that prepare and serve food to highly susceptible populations such as those operated by health care facilities that are regulated by the Department shall not be approved as a commissary.

(3) Mobile food units are fully enclosed mobile kitchens that may prepare, cook, or serve time/temperature control for safety foods as an extension of the commissary. A mobile food unit must be permitted by the Department in order to operate from a retail food establishment.

(4) Mobile food pushcarts are limited food service units that operate as an extension of a commissary. A mobile food pushcart must be permitted by the Department in order to operate from a commissary.

(B) General.

(1) A mobile food establishment shall comply with all applicable provisions of this regulation, except as outlined in this standard.

(2) The Department may prohibit the sale of certain time/temperature control for safety foods, and may modify specific requirements for physical facilities when, in the opinion of the Department, no health hazard will result.

(3) For servicing and storage:

(a) A full-service (self-contained) mobile food unit must return to the commissary at a frequency necessary to maintain sanitary conditions but in no case may operate for longer than seventy-two (72) hours of operation without returning to the commissary.

(b) Non-self-contained mobile food unit(s) and mobile pushcart(s) must return to the commissary within twenty-four (24) hours of operation.

(c) Mobile food unit(s) and mobile pushcart(s) that are not stored at the commissary must submit the proposed storage location for Department approval.

(C) Employees.

(1) Food employees shall not contact exposed, ready-to-eat-food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing utensils.

(2) Personal clothing and belongings should be stored in a designated place away from food preparation, food service, dry storage areas, utensil and single-service article storage, and utensil washing areas.

(D) Food.

(1) General.

(a) A mobile food establishment shall prepare, hold, and serve food according to Chapter 3, Food.

(b) All food items shall be protected from contamination during transportation, storage, cooking, display, and service.

(c) Adequate refrigeration or coolers shall be provided. A temperature measuring device shall be provided for cold holding units.

(d) Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or it's positioning in the ice or water.

(e) Ice used as a coolant for foods shall not be used for edible ice.

(f) For the purpose of checking temperatures of food, a mobile food establishment shall have at least one temperature measuring device that meets the following requirements:

(i) Able to be calibrated and

(ii) Appropriate for the food density being checked.

(g) Hot held time/temperature control for safety foods on a mobile food unit or mobile pushcart shall be discarded at the end of the day at the commissary.

(h) Food(s) shall be stored, displayed, and served from the mobile food unit(s) and mobile food pushcart(s) only.

(2) Mobile Food Unit.

(a) Preparation of bulk food, including washing, slicing, peeling, and cutting, shall occur at the commissary.

(b) All food, single-service articles, and other items used for the operation of the mobile food unit shall be stored at the commissary or on the mobile food unit.

(c) Doors on mobile food units shall be kept closed at all times.

(3) Mobile Food Pushcart.

(a) All food, single-use articles, and other items used for the operation of the mobile food pushcart shall be stored at the commissary.

(b) Other than assembling food items for service, all food preparation, including washing, slicing, peeling, cutting, and cooking, shall occur at the commissary.

(c) Raw animal food shall not be cooked or prepared in any way on a mobile food pushcart.

(d) Door(s) on mobile food pushcarts shall be kept closed when not in use and during transportation.

(E) Service.

(1) During operations, food shall be stored, cooked, displayed, and served from the mobile food unit and mobile food pushcart only.

(2) Customer self-service of unpackaged time/temperature control for safety food is prohibited.

(3) Mobile food units and mobile food pushcarts shall provide only single-use articles for use by the consumer.

(4) Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection or offered in individual packages.

(5) Equipment and utensils shall be adequate in number and where appropriate shall be washed, rinsed, and sanitized as needed.

(6) In-use wiping cloths must be stored in a clean solution of an approved sanitizer.

(7) A test kit that accurately measures the parts per million concentration of an approved sanitizer shall be accessible and used.

(F) Construction.

(1) Mobile food units.

(a) Mobile food units shall have preparation and display areas completely enclosed with a solid material except as specified in (j) of this section.

(b) The serving window opening shall:

(i) Have an area of no more than five hundred seventy-six (576) square inches, and

(ii) Be covered with solid material or screen. Screening shall be at least sixteen (16) mesh per inch.

(iii) Be self-closing or free falling type, or covered by an approved air curtain when the serving window is open.

(c) Walls, floors, and ceilings must be smooth, cleanable, durable, and nonabsorbent.

(d) Light bulbs and fluorescent tubes shall be shielded, coated, or otherwise shatter-resistant and provide twenty (20) foot candles of illumination.

(e) Cooking and reheating equipment shall be installed on the unit, used in accordance with the manufacturer's instructions, and must meet the provisions of this regulation. Pull behind cookers or smokers are prohibited.

(f) All mobile food unit counters, shelves, and food contact surfaces shall be safe, corrosion resistant, nonabsorbent, smooth, easily cleanable, durable, and free of seams and difficult to clean areas.

(g) It is not the intent for mobile food units to wash, rinse, and sanitize utensils or equipment on the mobile food unit due to hot water demands. If mobile food units are designed to be self sufficient, a utensil washing sink shall:

(i) Have at least three (3) compartments large enough to accommodate two thirds of the largest utensil,

(ii) Have adequate space for air-drying,

(iii) Be supplied with hot and cold water under pressure, and

(iv) Be equipped with a mixing faucet that is capable of servicing all sink compartments per 4-301.12.

(h) Mechanical exhaust ventilation equipment shall be provided over all cooking equipment as required to effectively remove cooking odors, smoke, steam, grease, heat, and vapors.

(i) All mechanical exhaust ventilation equipment shall be installed and maintained in accordance to 4-301.14.

(j) Barbecue pit-cooking areas on mobile units must comply with 9-7, Barbecue Pit And Pit-Cooking Room Construction.

(2) Mobile food pushcarts.

(a) Mobile food pushcarts shall have preparation and display areas completely enclosed with a solid material.

(b) Food compartment(s) and food storage compartments must be adequately sized for the intended operation of the mobile food pushcart.

(c) Food compartments must be constructed from materials that are nontoxic, smooth, easily cleanable, durable, and constructed to facilitate the cleaning of the interior and exterior of the compartment.

(d) Food storage compartments shall not contain plumbing of any kind.

(e) All mobile food pushcart counters/shelves and food contact surfaces shall be safe, corrosion resistant, nonabsorbent, smooth, easily cleanable, durable, and free of seams and difficult to clean areas.

(G) Handwashing Sinks.

(1) All mobile food units and mobile food pushcarts shall have a separate handwashing sink.

(2) Soap and disposable paper towels shall be provided and adjacent to the handwashing sink.

(3) The handwashing sink shall be:

(a) Equipped with hot and cold water under pressure through a mixing valve or combination faucet. The hot water temperature shall be at least 100 degrees F (37 degrees C) as specified in 5-202.12; and

(b) Separated from food and food contact surfaces by either a splashguard or a distance of at least 12 inches; and

(c) Unobstructed and accessible to employees at all times.

(4) Gloves and/or hand sanitizers shall not be allowed as a substitute for handwashing facilities.

(H) Water System.

(1) All mobile food units and mobile food pushcarts shall have a drinking water system, under pressure, from an approved drinking water supply system.

(2) Mobile food units and mobile food pushcarts water tanks shall comply with 5-3 of this regulation.

(3) Approved portable drinking water containers shall be stored and handled in a manner that protects the drinking water and equipment from contamination.

(4) The drinking water system tank shall be a minimum of five (5) gallons and of sufficient capacity to furnish hot and cold water for handwashing as specified in 5-202.12.

(5) If the mobile food unit is designed to be self sufficient, the hot water system shall be sufficient to meet hot water demands of at least 110 degrees F (43 degrees C) to the utensil washing sink and comply with all requirements pursuant to 5-103.11.

(6) A mobile food unit or mobile pushcart may temporarily use a direct connection to an approved drinking water source at the operating location when the following criteria are met:

(a) The mobile unit is connected to an approved public sewer or onsite wastewater system and

(b) Drinking water and sewage storage tanks remain on the unit at all times.

(I) Sewage Retention.

(1) Mobile food units and mobile food pushcarts water tanks shall comply with 5-3 of this regulation.

(2) Sewage from a mobile pushcart may be stored in a removable retention tank that:

(a) Shall be fifteen (15) percent larger capacity than the drinking water supply tank;

(b) Cannot exceed ten (10) gallons (80 lbs) to be approved as portable;

(c) If sewage retention tanks are removable, they shall be permanently labeled 'sewage' to eliminate any confusion;

(d) Permanently installed sewage retention tanks on mobile pushcarts shall meet the same requirements as specified in (1) and (2) of this section.

(3) The mobile food unit and mobile pushcart sewage retention tank shall be thoroughly flushed and drained during the servicing operations at the commissary or approved sewage disposal site, and shall be discharged into a sanitary sewerage disposal system or onsite sewage system approved by the Department.

(4) Flushing and draining shall be done in a manner that does not contaminate floors or any other areas in the commissary or the servicing area.

(J) Servicing Area.

The surface of the servicing area shall be constructed of a smooth material, such as concrete or asphalt, and shall be maintained in good repair, kept clean, and be properly drained.

(K) Exemptions.

(1) A mobile food pushcart operated inside fully enclosed structures such as, but not limited to, malls or sports arenas may have the requirement for full enclosure waived if in the opinion of the Department, no risk of contamination to the food exists.

(2) Mobile food pushcarts that are used to serve commercially packaged, fully cooked boiled or steamed hot dogs with commercially packaged, fully cooked chili or ice cream may have the requirement for full enclosure waived if in the opinion of the Department, no risk of contamination to the food exists provided those are the only foods served from the unit.

(L) Compliance.

(1) No mobile food unit or a mobile food pushcart shall operate that does not have a permit issued by the Department.

(2) Only a mobile food establishment that complies with the requirements of this regulation and this standard shall be entitled to receive and retain a permit.

(3) The permit shall be kept in the mobile food unit or mobile food pushcart and shall be accessible at all times.

(4) No retail food establishment shall operate as a commissary that does not have an authorization issued by the Department.

(5) Only a retail food establishment that complies with the requirements of this regulation and this standard shall be entitled to, receive and retain such an authorization.

(6) The permit and authorization shall be kept in a location in the commissary and shall be accessible at all times as specified in 8-301.11.

(7) Any person that proposes to operate a mobile food unit or mobile food pushcart must apply to the Department for a permit through the application process.

(8) The following additional documentation shall be submitted as part of the application process:

(a) A proposed menu or list of foods that will be served from the mobile food unit or mobile food pushcart;

(b) A list of all equipment installed on the mobile food unit or mobile food pushcart;

(c) An operations plan that includes:

(i) Information about methods of cooking, if applicable,

(ii) Hot and cold holding of food,

(iii) The mobile food unit or mobile food pushcart operational locations and the hours of operation at those locations,

(iv) The location of the commissary, and the cleaning and servicing operations at the commissary,

(v) A supplemental application form completed by the permit holder for each mobile food unit or mobile food pushcart; and

(vi) Any other information requested by the Department.

(9) Once a mobile food unit or mobile food pushcart has been permitted, the Department shall be notified of any changes to the mobile food unit or mobile food pushcart, such as, but not limited to, operations, menu, or change in commissary in accordance with 8-304.11.

(10) The mobile food unit or mobile food pushcart shall be available for inspection at the commissary at any reasonable time when requested by the Department.

(11) If a mobile food unit or mobile food pushcart is not presented for inspection at the commissary at the appointed time, the commissary permit and mobile food unit or mobile food pushcart permit shall be suspended in accordance with 8-904.110.

(12) Each mobile food unit and mobile pushcart shall have its business name and address legibly printed in a contrasting color from the color of the mobile food unit or mobile food pushcart in a manner that is conspicuous to the consumer.

(13) Mobile food units or mobile food pushcarts currently permitted prior to the effective date of this regulation and in compliance with the previous regulation, but which do not fully comply with all the construction, equipment, and physical requirements of this regulation, shall be deemed acceptable provided the facilities and equipment:

(a) Are capable of being maintained in a sanitary condition;

(b) Are not a public health hazard or nuisance; and

(c) Are replaced in the normal course of operation with equipment and facilities that meet the requirements of this standard and regulation.

South Carolina Code of RegulationsChapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROLSubchapter 61-25 - Retail Food EstablishmentsChapter 61-25.9 - STANDARDS FOR ADDITIONAL RETAIL FOOD ESTABLISHMENT OPERATIONSPart 61-25.9-1 - MOBILE FOOD

South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-25 - Retail Food Establishments
Chapter 61-25.9 - STANDARDS FOR ADDITIONAL RETAIL FOOD ESTABLISHMENT OPERATIONS
Part 61-25.9-1 - MOBILE FOOD