Current through Bulletin 2024-06, March 15, 2024
(1)
(a) Food shall be safe, unadulterated, and
honestly presented.
(b) Food shall
be offered for human consumption in a way that does not mislead or misinform
the consumer.
(c) Food or color
additives, colored overwraps, or lights may not be used to misrepresent the
true appearance, color, or quality of a food.
(2) Food shall be obtained from sources that
comply with Rule R392-100.
(3) Food
prepared in a private home or any structure or dwelling designed, constructed,
or intended for human occupancy shall not be used in a mobile food business or
offered from a mobile food business for human consumption.
(4) Food in a hermetically sealed container
shall be obtained from a food processing plant that is regulated by the food
regulatory agency that has jurisdiction over the plant.
(5) Food packages shall be in good condition
and protect the integrity of the contents so that the food is not exposed to
adulteration or potential contaminants.
(6)
(a)
Shell eggs that have not been specifically treated to destroy all viable
Salmonellae shall be labeled to include safe handling instructions as specified
in 21 CFR
101.17(h).
(b)
(i)
Shell eggs shall be received in a clean and sound condition.
(ii) Except for shell eggs that are purchased
from a small producer, shell eggs may not exceed the restricted egg tolerances
for U.S. Consumer Grade B as specified Rule R70-410, Grading and Inspection of
Shell Eggs with Standard Grade and Weight Classes.
(iii) Shell eggs may not be addled or moldy,
and may not contain:
(A) black
spot;
(B) black rot;
(C) white rot;
(D) blood ring;
(E) adherent yolk; or
(F) a bloody or green albumen.
(c) Egg products shall
be obtained pasteurized.
(d)
Pasteurized eggs or egg products shall be substituted for raw eggs in the
preparation of foods such as Caesar salad, hollandaise or Bearnaise sauce,
mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are
not cooked.
(i) Raw, unpasteurized shell eggs
may be used in recipes that will not be cooked if the mobile food business has
obtained a variance from the permit issuer, which variance is based on a
commissary HACCP plan; and
(ii) The
local health officer may revoke or suspend a permit and variance if the
commissary HACCP plan is not being followed.
(7) Fluid milk and milk products shall be
obtained from sources that comply with grade A standards as specified in Rule
R70-310.
(8)
(a) Fish and molluscan shellfish that are
received for sale or service shall be commercially and legally caught or
harvested.
(b) Molluscan shellfish
that are recreationally caught may not be received for sale or
service.
(c) Molluscan shellfish,
shucked shellfish and shellstock shall comply with Subparts 3-202.17, 3-202.18,
3-203.11, and 3-203.12 of the FDA Food Code.
(d) When received by a mobile food business,
shellstock shall be reasonably free of mud, dead shellfish, and shellfish with
broken shells. Dead shellfish or shellstock, or those with badly broken shells,
shall be discarded.
(9)
Mushroom species picked in the wild shall not be offered for sale or service by
a mobile food business.
(10) If
game animals are received for sale or service they shall meet the requirements
of Subpart 3-201.17 of the FDA Food Code.
(11) Ice for use as a food or a cooling
medium shall be made from drinking water.
(12) 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 its
positioning in the ice or water.
(13) Ice may not be used as food after use as
a medium for cooling the exterior surfaces of food such as melons or fish,
packaged foods such as canned beverages, or cooling coils and tubes of
equipment.
(14)
(a) Food shall only contact surfaces of
equipment and utensils that are cleaned and sanitized as specified in Sections
R392-102-9 and
R392-102-10 or single-service
and single-use articles.
(b)
Linens, such as cloth napkins, shall not be used in contact with
food.
(15)
(a) Except as specified in Subsections (b)
and (c) of this subsection, food shall be protected from contamination by
storing the food:
(i) in a clean, dry
location;
(ii) where it is not
exposed to splash, dust, or other contamination; and
(iii) at least six inches (15 cm) above the
floor.
(b) Pressurized
beverage containers and cased food in waterproof containers such as bottles or
cans may be stored on a floor that is clean and not exposed to floor
moisture.
(c) Food in packages and
working containers may be stored less than six inches above the floor on case
lot handling equipment, such as dollies, pallets, racks, and skids used to
store and transport large quantities of packaged foods.
(16) Food may not be stored:
(a) in toilet rooms;
(b) under sewer lines;
(c) under open stairwell;
(d) under leaking water lines, including
leaking automatic fire sprinkler heads, or under lines on which water has
condensed; or
(e) under other
sources of contamination.
(17) Food shall be protected from cross
contamination by:
(a) separating raw animal
foods during storage, preparation, holding, and display from:
(i) raw ready-to-eat food; and
(ii) cooked ready-to-eat food;
(b) except when combined as
ingredients, separating types of raw animal foods from each other such as beef,
fish, lamb, pork, and poultry during storage, preparation, holding, and display
by:
(i) using separate equipment for each
type; or
(ii) arranging each type
of food in equipment so that cross contamination of one type with another is
prevented; and
(iii) preparing each
type of food at different times or in separate areas;
(c) cleaning hermetically sealed containers
of food of visible soil before opening;
(d) protecting food containers that are
received packaged together in a case or overwrap from cuts when the case or
overwrap is opened;
(e) storing and
segregating damaged, spoiled, or recalled food in designated areas within the
mobile food business that are separated from food, equipment, utensils, linens,
and single-service and single-use articles; and
(f) separating fruits and vegetables before
they are washed from ready-to-eat food.
(18) Food shall be protected from
contamination that may result from a factor or source not specified in this
section.
(19) Except for containers
holding food that can be readily and unmistakably recognized such as dry pasta,
working containers holding food or food ingredients that are removed from their
original packages for use in the mobile food business, such as cooking oils,
flour, herbs, potato flakes, salt, spices, and sugar shall be identified with
the common name of the food.
(20)
Food shall be protected from contamination that may result from the addition
of:
(a) unsafe or unapproved food or color
additives; and
(b) unsafe or
unapproved levels of approved food and color additives.
(21) A mobile food business operator shall
not:
(a) apply sulfating agents to fresh
fruits and vegetables intended for raw consumption or to a food considered to
be a good source of vitamin B1; or
(b) except for grapes, serve or sell food
specified under Subsection (21)(a) that is treated with sulfating agents before
receipt by the mobile food business.
(22)
(a) A
mobile food business operator may not prepare food on a mobile food business
using "specialized processing methods" as described in the FDA Food Code. A
mobile food business operator may not obtain a variance from the Department of
Health and Human Services or an exemption from a local health officer to use
specialized processing methods on a mobile food business.
(b) A mobile food business operator shall
remove TCS food from reduced oxygen packaging before holding or storing the
food in a temperature controlled environment on a mobile food
business.
(23) Food shall
be protected from contamination that may result from a factor or source not
specified elsewhere in this rule.
