(1) No food or
equipment may be stored at a home residence, storage unit, garage, or other
unapproved structure.
(2) Except
for Subsection R392-102-3(3),
a mobile food business operator shall use a commissary unless exempted by the
local health officer having jurisdiction where the mobile food business
operates.
(3) A local health
officer may not require a mobile food business operator to use a commissary if
the mobile food business:
(a) is designated
as a tier one mobile food business by the permitting local health
department;
(b) does not use
temperature controlled products;
(c) does not store prepared food products
from one operating day to the next;
(d) conducts all food service operations on
the food truck or food cart, including cleaning and sanitizing;
(e) can refill its potable water tanks at a
location and in a manner approved by the local health officer; and
(f) can dispose of all wastewater, used
cooking oil, and other refuse at a location and in a manner approved by the
local health officer.
(4)
If a mobile food business commissary is required by the local health officer
having jurisdiction:
(a) the mobile food
business operator shall use a commissary located within a local health
jurisdiction approved by the local health officer;
(b) the mobile food business operator shall
obtain a written, signed commissary agreement from the commissary operator,
which shall be renewed annually, and any changes to the agreement shall be
submitted to the local health officer before the changes being
implemented;
(c) the mobile food
business operator shall return the mobile food business to the commissary at a
regular frequency, as determined and approved by the local health
officer;
(d) the mobile food
business operator shall park the mobile food business at a location approved by
the local health officer at the end of daily operations;
(e) the mobile food business operator shall
document presence at the commissary on a log according to the frequency
determined and approved by the local health officer, and as follows:
(i) the mobile food business operator shall
record the date, time in, time out, and initials; and
(ii) the mobile food business operator shall
retain commissary records for one year, and shall make the records available
for inspection by a local health officer upon request;
(f) the mobile food business operator shall
have access to, and the ability to utilize:
(i) a 3-compartment sink provided with hot
and cold water under pressure, or other warewashing equipment approved by the
local health officer;
(ii) adequate
hot and cold holding equipment as necessary for proper food storage;
(iii) a service sink with hot and cold water
under pressure;
(iv) at least one
handsink with pressurized hot and cold water that is conveniently located and
used exclusively for hand washing;
(v) a conveniently located toilet room;
and
(vi) approved methods and
equipment to clean and sanitize food and nonfood -contact surfaces within the
mobile food business;
(g)
the mobile food business operator shall use a commissary that provides adequate
space for the sanitary storage of food, equipment, utensils, linens, and
single-service, or single-use articles;
(h) the mobile food business operator shall
use a commissary that has an electrical outlet available for mobile food
business use, if needed, when parked at the commissary;
(i) an electrical installation intended for
mobile food business use at a commissary shall comply with applicable codes and
ordinances including the state electrical code; and
(j) not more than one mobile food business
shall be served by one electrical outlet at a time.
(5) If a local health officer revokes or
suspends a commissary's operating permit as authorized in Subsection
R392-102-4(10),
each associated mobile food business permit shall be invalidated until a local
health officer reinstates the operating permit or the mobile food business
operator obtains a new commissary agreement at an approved location, at which
point the mobile food business permit shall be reinstated with the original
expiration date.
