Chapter 13 – Farmer’s Markets and Ancillary Food Establishments
|13-2||Farmer’s Market and Permitting Requirements|
|13-3||Requirements for All Certified Producers of Farm Products|
|13-4||Requirements for Ancillary Food Establishments Associated with Farmer’s Markets|
|13-101||Applicability and Listing of Terms|
|13-103||Imminent Health Hazards|
The following definitions shall apply in the interpretation and application of this Chapter.
ANCILLARY FOOD ESTABLISHMENT means any FOOD ESTABLISHMENT which is operated in conjunction with a FARMER’S MARKET which sells or gives away FOOD other than farm PRODUCE or PROCESSED FARM PRODUCTS, which includes but is not limited to LOW and HIGH-RISK ANCILLARY FOOD ESTABLISHMENTs.
COMMISSIONER means an appointee or designee of the State of Nevada’s Health Division of the Department of Health and Human Services which enforces and administers the Regulations concerning ADULTERATED, mislabeled and MISBRANDED FOOD, drugs, devices, and cosmetics.
FARMER means any PERSON who as an owner, part owner, tenant, or sharecropper which operates a farm in the United States.
FARMER’S MARKET means a place of business where the actual PRODUCER of FARM PRODUCTS or a representative designated by the PRODUCER and possessing the PRODUCER’s PRODUCE certificates of FARM PRODUCTS can bring their products for direct sale to CONSUMERs. A minimum of one certified PRODUCER of FARM PRODUCTS, or designated representative, must be present and in compliance with these Regulations and participating for the venue to be considered, PERMITted, and operated as a FARMER’S MARKET.
FARM PRODUCTS aka PRODUCE includes all agricultural, horticultural, viticultural, and vegetable products of the soil. The term does not include livestock and livestock products, POULTRY and POULTRY products, uncertified non-graded whole shell EGGS, FISH and FISH products, SHELLSTOCK and SHELLSTOCK products, crustaceans and crustacean products, HONEY, hay and timber products, or milk and milk products.
HONEY means the natural product of honey bees drawn from the nectar of flowers, transformed by the bees and stored in a honeycomb and later marketed in the honeycomb or taken from the honeycomb and marketed in a liquid, candied, or granulated condition.
NATURAL AND UNPROCESSED STATE means that a farm product is not cut, sliced, breached, shelled, canned, cooked, pickled, SEALED, PACKAGED, dried, milled, ground, or otherwise altered from its original state after being harvested.
ON-SITE means located within the confines of the FARMER’S MARKET.
PRODUCER means any PERSON engaged in the business of growing or producing any farm product.
13-103 IMMINENT HEALTH HAZARDS
(A) Except as specified in Paragraph (B) of this Section, a PERMIT HOLDER shall immediately discontinue operations and notify the REGULATORY AUTHORITY if an IMMINENT HEALTH HAZARD exists because of an emergency including but not limited to fire, flood, extended interruption of electrical or water service, SEWAGE backup, misuse of POISONOUS OR TOXIC MATERIALS, onset of an apparent FOOD BORNE ILLNESS outbreak, gross unsanitary occurrence or condition, or other circumstance that may endanger public health.
|13-2 Farmer’s Market and Permitting Requirements|
|13-201||Responsibilities of the Farmer’s Market Manager|
|13-203||Food Handler Requirements|
|13-204||Food Establishment Permit Requirements|
13-201 Responsibilities of the FARMER’S MARKET Manager
The market manager of each FARMER’S MARKET shall:
(1) The FARMER’S MARKET Manager shall make written application for an FARMER’S MARKET PERMIT on forms provided by the HEALTH AUTHORITY. The application for the FARMER’S MARKET PERMIT shall be accompanied by payment of a fee as established by the DISTRICT BOARD OF HEALTH.
(B) Ensure that all site requirements and support services are met.
(E) Ensure there are no live animal venues, associated with the FARMER’S MARKET, including but not limited to pony rides and petting zoos.
(G) Be present or have a designee present during market operating hours.
13-201.12 PERMIT Approval to Operate
(1) FARMER’S MARKETS located in parking lots or streets shall have sufficient traffic barriers and markers to clearly indicate that the area is being used for pedestrians.
(2) Parking lots serving FARMER’S MARKETs shall be graded for adequate drainage.
(3) FARMER’S MARKETs shall not be located where they may be adversely affected by dust, weather conditions, or vermin.
(C) Indoor FARMER’S MARKETs shall be located in a building which is in compliance with all local building and fire codes.
(D) Restroom Facilities.
(1) Outdoor FARMER’S MARKETs:
(a) Portable toilets shall be provided, adequate in number and located in an easily accessible area, for vendors and the public.
(b) The HEALTH AUTHORITY may approve conveniently located plumbed restroom facilities, which are available for use by the vendors and the public, if their use has been assured in writing by the facility owner.
(c) Toilet facilities, including the toilet room and fixtures, shall be kept clean, in good repair, and free of objectionable odors.
(e) When portable toilets are used, one portable HAND WASHING SINK with running water which drains to an enclosed integral waste water tank, integral liquid soap, a disposable paper towel dispenser, and a trash receptacle shall be provided for every five portable toilets. The FARMER’S MARKET manager shall maintain, ON-SITE, a surplus supply of liquid soap and disposable paper towels.
(2) Indoor FARMER’S MARKET:
(a) Indoor toilet facilities shall meet all local building and fire codes.
(b) HAND WASHING SINKs plumbed with hot and cold running water, tempered by a mixing valve or combo faucet shall be available in each restroom. The FARMER’S MARKET manager shall maintain, ON-SITE, a surplus supply of liquid soap.
(c) A HAND WASHING SINK shall be equipped to provide water at a temperature of at least 100°F±2° through a mixing valve or combination faucet. A self-closing, or metering faucet shall provide a flow of water for at least 20 seconds without the need to reactivate the faucet.
(d) A wall-hung liquid soap dispenser shall be available at each HAND WASHING SINK in the restroom and kept adequately stocked with liquid soap.
(e) A supply of sanitary, disposable paper towels for drying hands shall be conveniently located near each HAND WASHING SINK. Shared common towels are prohibited at HAND WASHING SINKs. The FARMER’S MARKET manager shall maintain, ON-SITE, a surplus supply of disposable paper towels.
(f) Toilet facilities, including the toilet room, sinks, and all fixtures shall be kept clean, in good repair, and free of objectionable odors.
(h) EASILY CLEANABLE, covered receptacles with plastic trash liners shall be provided for waste materials. Such receptacles shall be emptied at least once a day and more frequently when necessary.
(E) Waste disposal:
(1) Each market manager shall ensure there is a minimum of one waste container every 75′ to hold waste that accumulates during the FARMER’S MARKET hours of operation. Individual vendors may help satisfy this requirement by providing an appropriate trash container in front of their booth.
(2) All waste containers, used for FOOD waste, shall be constructed of durable metal or other durable materials that does not leak or absorb liquids.
(3) All waste containers shall be of adequate size and provided with plastic trash liners.
(4) Each waste container shall be emptied and cleaned daily or more often as needed.
(5) All waste shall be disposed of in an APPROVED manner.
(6) Wash water, rinse water, or waste water generated at a FARMER’S MARKET shall be properly handled and disposed of into a public sewer system.
The FARMER’S MARKET manager shall ensure:
(1) A minimum of 20 foot-candles in public areas within the perimeter of the FARMER’S MARKET.
(2) A minimum of 35 foot-candles, during all nighttime FOOD operations, in all FOOD handling areas. Shielding to contain broken glass shall be used for all artificial light fixtures that are located over, by, or within all FOOD handling areas.
13-203 FOOD HANDLER Requirements
All PERSONs, working as FOOD HANDLERs in PERMITted FOOD ESTABLISHMENTs at a FARMER’S MARKET, shall posses a valid FOOD HANDLER HEALTH CARD as issued by SNHD as specified in Chapter 2-104.11 of these Regulations.
(A) FOOD HANDLERs shall maintain a high degree of personal cleanliness and conform to good hygienic practices while working.
(B) When the HEALTH AUTHORITY has reasonable cause to suspect the possibility of a FOOD BORNE ILLNESS transmission from any FOOD HANDLER, the HEALTH AUTHORITY shall secure a morbidity history of the suspected FOOD HANDLER or make other investigations as may be indicated and take appropriate action, including but not limited to any or all of the following:
(1) The immediate exclusion of the FOOD HANDLER from the establishment.
The FOOD ESTABLISHMENT applicant shall:
(2) Day(s) of FARMER’S MARKET.
(3) Hours of FARMER’S MARKET.
(4) Contact name, address, and phone number.
(5) COMMISSARY location, if applicable.
(C) Provide a description of the EQUIPMENT that will be used.
(D) Provide any label for packaging which has been proposed for a FOOD product.
(1) The amount of time required for each step.
(2) The amount of time required between each step.
(3) Proposed temperatures of the FOOD product.
(4) The amount of time to heat the FOOD product.
(H) Notify the HEALTH AUTHORITY, in advance, whenever any information on the original application changes.
13-204.12 HIGH-RISK ANCILLARY FOOD ESTABLISHMENTS Requirements:
(1) Submit to Plan Review properly prepared plans and specifications for review and approval, as required by Chapter 4 of these Regulations.
(A) If denied, the applicant shall be notified of the reason(s) for the denial. Incomplete applications shall be denied.
(B) The HEALTH AUTHORITY may place limitations on the menu items and/or length of service/hours of operation if the FOOD ESTABLISHMENT has improvised rather than permanent facilities or EQUIPMENT for accomplishing functions including but not limited to hand washing, FOOD preparation and protection, FOOD temperature control, WARE WASHING, adequate DRINKING WATER, waste retention and disposal, and insect and rodent control.
13-204.14 Inspection by the HEALTH AUTHORITY
(A) A health PERMIT issued by the HEALTH AUTHORITY is required for all FOOD ESTABLISHMENTs at, or associated with, a FARMER’S MARKET. This includes FARMERs participating in non-exempt activities, and LOW and HIGH-RISK ANCILLARY FOOD service operations. A PERMIT to operate shall be issued only after inspection and approval by the HEALTH AUTHORITY.
(B) Additional inspections and reinspections shall be made to ensure compliance with these Regulations.
(1) If the FOOD ESTABLISHMENT has improvised rather than permanent facilities or EQUIPMENT for accomplishing functions including but not limited to hand washing, FOOD preparation and protection, FOOD temperature control, WARE WASHING, DRINKING WATER availability, waste retention and disposal, and insect and rodent control.
(D) The current health PERMIT issued by the HEALTH AUTHORITY shall be displayed conspicuously. The PERMIT shall be removed by the HEALTH AUTHORITY when the PERMIT is suspended or the FOOD ESTABLISHMENT is closed.
13-204.16 FOOD Prohibitions
13-204.17 Access to Establishments, Inspection Records, DEMERIT Values and Scores
(A) The HEALTH AUTHORITY, after they have properly identified themselves, shall be allowed to enter during any operational times any FOOD ESTABLISHMENT within the HEALTH AUTHORITY’s jurisdiction for the purpose of making an inspection to determine compliance with these Regulations. Records of the FOOD ESTABLISHMENT shall be made available for examination to obtain pertinent information pertaining to FOOD and supplies purchased, received, or used, and PERSONs employed.
(B) Whenever the HEALTH AUTHORITY makes an inspection of a FOOD ESTABLISHMENT, a record of the findings shall be documented on an inspection report form provided for this purpose. The HEALTH AUTHORITY shall furnish a copy of the inspection report form to the PERMIT HOLDER or PERSON IN CHARGE. The form shall summarize the requirements of these Regulations and shall set forth DEMERIT point values for each such requirement. Upon completion of an inspection, the HEALTH AUTHORITY shall total the DEMERIT point values for all requirements in violation and this total will constitute the DEMERIT score for the FOOD ESTABLISHMENT. Based upon the DEMERIT score, the FOOD ESTABLISHMENT at the FARMER’S MARKET will be given a “pass” or “fail” status.
(A) Except as otherwise provided in Subsection 3, NRS 446.880, whenever the HEALTH AUTHORITY makes an inspection of a FOOD ESTABLISHMENT and discovers that any of the requirements of these Regulations have been violated, the PERMIT HOLDER or PERSON IN CHARGE shall be notified of the violations by means of an inspection report form or other written notice. The notice shall:
(1) Set forth the specific violations found, together with the DEMERIT score of the establishment.
(2) Establish a specific period of time for the correction of the violations.
(3) State that failure to comply with the requirements of any notice issued in accordance with the provisions of these Regulations may result in immediate suspension of the PERMIT.
(4) State that an opportunity for appeal, from any notice or inspection findings, will be provided if a written request for a hearing is filed with the HEALTH AUTHORITY within the period established in the notice of correction.
Health PERMIT requirements are as follows:
(B) Certified PRODUCERs of FARM PRODUCTS who offer samples of a farm product, other than FARM PRODUCTS that are whole and intact, or who sell PROCESSED FARM PRODUCTS at a FARMER’S MARKET, shall obtain a health PERMIT prior to operation. These FOOD ESTABLISHMENTs will be subject to inspection by the HEALTH AUTHORITY. A pass/fail status will be determined by the HEALTH AUTHORITY. Failure to provide information concerning FARM PRODUCTS obtained from APPROVED SOURCEs, or FARM PRODUCTS that are determined to be unwholesome or ADULTERATED, will result in immediate suspension of the health PERMIT. A PERMIT will not initially be issued if the score is greater than 10 DEMERITs. Any CRITICAL or MAJOR VIOLATIONS shall be corrected before a PERMIT is issued. When such periodic routine operational inspections take place for these FOOD ESTABLISHMENTs, a passing score is a DEMERIT score ranging from 0 to 15. During an inspection of these FOOD ESTABLISHMENTs, the facility shall fail the inspection when more than 15 DEMERITs are found. At that time, these FOOD ESTABLISHMENTs’ PERMIT will be suspended and a closure fee assessed. These FOOD ESTABLISHMENTs will not be allowed to reopen until all violations are corrected, a closure fee has been paid, or documented arrangements have been made for payment of the closure fee, and a reinspection is conducted, and a passing score is received. A passing score is 15 DEMERITs with no repeat CRITICAL or MAJOR VIOLATIONS. Any FOOD ESTABLISHMENT which demonstrates a pattern of repeatedly failing inspections shall be subject to health PERMIT revocation.
(C) HIGH-RISK and LOW-RISK ANCILLARY FOOD ESTABLISHMENTs shall be deemed to pass its initial PERMITting inspection with a DEMERIT score of 10 DEMERITs or less. A PERMIT will not be issued if the score is greater than 10 DEMERITs. Any CRITICAL or MAJOR VIOLATIONS shall be corrected before a PERMIT is issued. When such periodic routine operational inspections take place, for the HIGH-RISK and LOW-RISK ANCILLARY FOOD ESTABLISHMENTs, a passing score is a DEMERIT score ranging from 0 to 15. During an inspection of a HIGH-RISK and/or LOW-RISK ANCILLARY FOOD ESTABLISHMENT, it shall be deemed to fail when more than 15 DEMERITs are found. At that time, the HIGH-RISK and LOW-RISK ANCILLARY FOOD ESTABLISHMENTs’ PERMIT will be suspended and a closure fee assessed. The HIGH-RISK and LOW-RISK ANCILLARY FOOD ESTABLISHMENTs will not be allowed to reopen until all violations are corrected, a closure fee has been paid, or documented arrangements have been made for payment of the closure fee, and a reinspection is conducted, and a passing score is received. A passing score is 15 DEMERITs with no repeat CRITICAL or MAJOR VIOLATIONS.
(D) Whenever the HEALTH AUTHORITY finds an unsanitary or other condition in the operation of a FOOD ESTABLISHMENT which in its judgment constitutes an IMMINENT HEALTH HAZARD to the public’s health, the HEALTH AUTHORITY may without warning, notice or hearing, issue a written order to the PERMIT HOLDER or PERSON IN CHARGE citing the condition, specifying the corrective action, and compliance time frame within which the corrective action shall be taken. The order may state that the PERMIT is immediately suspended and all FOOD operations shall be immediately discontinued. Any PERSON to whom such an order is issued shall comply with it immediately. Upon written petition to the HEALTH AUTHORITY, the PERSON shall be afforded a hearing as soon as possible.
(E) Health PERMITs shall be revoked for any IMMINENT HEALTH HAZARDs, or repeated violations of any of the requirements of this chapter, or for interference with the HEALTH AUTHORITY in the performance of their duties. The PERMIT may be permanently revoked after an opportunity for a hearing has been provided by the HEALTH AUTHORITY. Before taking such an action, the HEALTH AUTHORITY shall notify the PERMIT HOLDER in writing stating the reasons for which the PERMIT may be suspended for cause pending its revocation or a hearing.
(1) The HEALTH AUTHORITY may permanently revoke a PERMIT five days following initial service of the notice unless a request for a hearing is filed with the HEALTH AUTHORITY by the PERMIT HOLDER within those five days.
(2) The hearings provided for in this chapter shall be conducted by the HEALTH AUTHORITY at a designated time and place. Based upon the record of the hearing, the HEALTH AUTHORITY shall make a finding and may sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the PERMIT HOLDER by the HEALTH AUTHORITY.
13-204.20 Examination and Condemnation of FOOD
(A) FOOD may be examined, or sampled by the HEALTH AUTHORITY, as often as may be necessary to determine freedom from adulteration or misbranding. The HEALTH AUTHORITY may, upon written notice to the owner or PERSON IN CHARGE, place a hold order on any FOOD which is determined or has probable cause to believe to be unwholesome or otherwise ADULTERATED or MISBRANDED.
(B) Under a hold order, FOOD shall be allowed to be suitably stored. It shall be unlawful for any PERSON to remove or alter a hold order, notice, or tag placed on FOOD by the HEALTH AUTHORITY. The FOOD and/or the containers shall not be re-labeled, re-packed, re-processed, altered, disposed of, or destroyed without approval of the HEALTH AUTHORITY, except by order of a court of competent jurisdiction.
(C) After the owner or PERSON IN CHARGE has had a hearing, as specified in NRS 446.895, and on the basis of evidence produced at such hearing, or on the basis of his examination in the event a written request for a hearing is not received within 10 business days, the HEALTH AUTHORITY may vacate the hold order, or may by written order direct the owner or PERSON IN CHARGE of the FOOD, which was placed under the hold order, to denature or destroy such FOOD or to bring it into compliance with the provisions of these Regulations. Such order of the HEALTH AUTHORITY to denature or destroy such FOOD, or bring it into compliance with the provisions of these Regulations, shall be stayed if the order is appealed to a court of competent jurisdiction within three days.
The HEALTH AUTHORITY shall properly serve notice by any or all of the below methods:
(A) Delivering it to the FOOD ESTABLISHMENT owner.
(C) Sending it by registered or certified mail, return receipt requested, to the last known address of the FOOD ESTABLISHMENT owner. The HEALTH AUTHORITY shall file a copy of the notice in the records of the FOOD ESTABLISHMENT’s file.
|13-3 Requirements for all Certified Producers of Farm Products|
|13-302||Sampling of Farm Products|
|13-303||Processed Farm Products|
13-301.11 Certified PRODUCERS
(A) The FARMER shall possess a current PRODUCERs’ certificate or certificates for all FARM PRODUCTS being offered for sale. All certificates, licenses and PERMITs, for which he is selling FARM PRODUCTS, shall be posted in a conspicuous location at each point of sale.
(1) A FARMER, who produces FARM PRODUCTS, may designate another FARMER or representative to sell their FARM PRODUCTS at a FARMER’S MARKET provided that the designated PERSON possesses a copy of the original FARMER’s Agricultural Certificate.
(2) A FARMER may sell for an unlimited number of other FARMERs at a FARMERs MARKET provided that copies of all FARMER’s agricultural certificates are maintained onsite and available for review by the HEALTH AUTHORITY upon request.
(B) FARMERs are exempt from associated PERMIT fees, as specified in NRS 576.128, as long as the FARMER sells only FARM PRODUCTS in their NATURAL AND UNPROCESSED STATE. The HEALTH AUTHORITY reserves the right to conduct surveys to verify exempt status.
(3) All FOOD shall be stored within the immediate area of the PERMITee’s operation, an APPROVED FOOD ESTABLISHMENT, or a clean enclosed VEHICLE in a manner that prevents CONTAMINATION from any source.
13-302 Sampling of FARM PRODUCTS
13-302.11 Certified PRODUCERS
(A) FARMERs who prepare and offer samples of FARM PRODUCTS for which they hold PRODUCER’s certificates, except for whole, intact fruits or vegetables shall apply for, and obtain, a health PERMIT from the HEALTH AUTHORITY prior to operation.
(1) In addition to the general requirements for all certified PRODUCERs, the FARMERs who sample shall comply with the requirements in this Section and applicable sections of Section 13-401 of this Chapter.
(B) Sample preparation requirements:
(1) The preparation of samples is limited to the peeling, cutting, or portioning of FARM PRODUCTS.
(2) Raw FARM PRODUCTS shall be thoroughly rinsed with potable running water at the booth under a gravity fed water dispenser with a spigot labeled “PRODUCE only.” A drain bucket or similar device shall be placed under the water dispenser to contain runoff.
13-303 PROCESSED FARM PRODUCTS
13-303.11 PERMIT Requirements
(A) Farm kitchens in which PROCESSED FARM PRODUCTS are manufactured, prepared, PACKAGED, and labeled shall possess a valid health PERMIT from the local AGENCY OF JURISDICTION. Such PERMIT shall be provided to the HEALTH AUTHORITY and displayed conspicuously at the point of sale.
(B) FARMERs who use another FOOD ESTABLISHMENT to manufacture, prepare, package, and label their FARM PRODUCTS shall have a current copy of the health PERMIT of the manufacturer whose FOOD is being sold. Such PERMIT shall be provided to the HEALTH AUTHORITY and displayed conspicuously at the point of sale.
(C) In addition to the general requirements for all certified PRODUCERs, the FARMERs who sell PROCESSED FARM PRODUCTS shall comply with the requirements of this Section and applicable sections of Section 13-401 of this Chapter.
13-303.12 APPROVED SOURCE
|13-4||Requirements for Ancillary Food Establishments Associated with Farmer’s Markets|
|13-401||General Operating Requirements for Ancillary Food Establishments|
|13-402||Additional Requirements for High-Risk Ancillary Food Establishments|
13-401 General Operating Requirements for ANCILLARY FOOD ESTABLISHMENTs
The FOOD ESTABLISHMENT shall comply with the requirements specified in this Chapter and may be subject to other Sections and Chapters of these Regulations.
13-401.12 PERSON IN CHARGE
Each FOOD ESTABLISHMENT shall have a designated PERSON IN CHARGE responsible for knowledge of, and compliance with, these Regulations. The PERSON IN CHARGE shall be ON-SITE and accessible during all hours of operation of the FOOD ESTABLISHMENT. Facilities without a PERSON IN CHARGE shall not be APPROVED to open.
13-401.13 FOOD Source
(C) Ice, which is intended for human consumption or cooling purposes, shall be obtained from an APPROVED SOURCE.
13-401.14 FOOD Preparation
13-401.15 FOOD Protection and Storage
(D) Animals are prohibited in FOOD preparation and storage areas.
(F) Samples shall be dispensed by means that prevent patrons from contaminating other samples. Sampling methods may include:
(1) Individually wrapped portions.
(4) Units that dispense one sample at a time.
(5) Separation by use of deli paper or cups.
(2) On a clean, dry, EASILY CLEANABLE surface.
(3) In a clean, dry container.
(H) Ice, intended for use in BEVERAGEs, shall be stored separately from ice used for all other purposes, and shall be dispensed by an APPROVED scoop with a handle, as specified in Paragraph (G) of this Section.
(I) Ice used to maintain cold FOOD at 41º F±2°, or below, shall not subsequently be used as drinking ice. Ice used for cold-holding purposes:
(1) Shall not come in direct contact with FOOD.
(2) Shall have adequate drainage to prevent the pooling of water.
(3) Shall not be used for human consumption.
(2) Containers of POISONOUS OR TOXIC MATERIALS shall be prominently and distinctly labeled for easy identification of the contents.
(3) POISONOUS OR TOXIC MATERIALS may not be used in a way that contaminates FOOD, EQUIPMENT, UTENSILS, or that constitutes a HAZARD to employees, or other PERSONs, or in any manner other than in full compliance with the manufacturer’s labeling.
13-401.16 Hygienic Practices Requirements and Associated EQUIPMENT
(A) A HAND WASHING SINK shall be readily accessible within the FOOD ESTABLISHMENT, and not more than 10′ away from the FOOD preparation area. The HAND WASHING SINK shall be in place, properly equipped, and ready for use prior to any open FOOD handling. Each ANCILLARY FOOD ESTABLISHMENT that handles open FOOD shall have an operable HAND WASHING SINK at its place of business, properly equipped, and ready for use prior to any open FOOD handling. A HAND WASHING SINK is not required if the only FOOD items offered are commercially PRE-PACKAGED FOOD and BEVERAGEs that are dispensed in their original unopened containers, without sampling. All facilities requiring a HAND WASHING SINK shall have, at a minimum:
(1) A portable HAND WASHING SINK provided with tempered, 90°F±2°-110°F±2°, running water which drains to an enclosed integral waste water tank, or if a portable or plumbed HAND WASHING SINK is not available, a container with a hands-free pressurized flow of tempered water into a wash basin. Such hand washing set-ups must have a sufficient amount of hot water generating or holding capacity of no less than 5 gallons of potable water.
(2) Liquid hand soap, in a pump dispenser, as well as single-use paper towels dispensed in a sanitary manner, shall be available at the HAND WASHING SINK.
(3) Waste water from the hand washing process shall drain into a designated container large enough, but no less than 5-gallon capacity, to prevent splash or overflow. The waste water container shall be emptied as needed into a sanitary sewer.
(4) A waste receptacle shall be located near the HAND WASHING SINK for disposal of paper towels.
(5) Hand sanitizers and single-service gloves may be used, but are not a substitute for hand washing.
(B) As a minimum, FOOD service workers shall wash their hands:
(2) Immediately before engaging in any FOOD preparation.
(3) Before and after glove use, if gloves are used.
(4) After smoking, eating, handling raw FOOD, or using the toilet.
(C) Unless prior operational procedures are APPROVED by the HEALTH AUTHORITY, FOOD HANDLERs shall eliminate bare hand contact with READY-TO-EAT FOOD and minimize bare hand contact with other open FOOD by suitable means including but not limited to deli paper, spatulas, tongs, single-use gloves, or dispensing EQUIPMENT. The use of single-use gloves or UTENSILs is not a substitute for required hand washing. A guidance document is provided in Appendix K.
(1) APPROVED sanitizer solutions in water include 50-100 ppm chlorine (bleach), or at a concentration specified by the manufacturer, quaternary ammonium compound applied at a concentration specified by the manufacturer, or 12.5 ppm iodine, or at a concentration specified by the manufacturer,
(2) Appropriate test strips shall be available and used to measure the concentration of the sanitizer.
(1) When available ON-SITE, a three-compartment sink or a commercial dishwashing machine plumbed with hot and cold water shall be used to wash, rinse, and sanitize FOOD service UTENSILs and EQUIPMENT.
(2) As a minimum, a WARE WASHING facility shall have:
(b) An adequate supply of potable water.
(c) An APPROVED disposal system for waste water.
(3) Sequence for manual WARE WASHING shall be to:
(a) Wash in the first basin with a clean solution of detergent and water, with a minimum temperature of 110°F±2°.
(b) Rinse in the second basin filled with clean water.
(c) Sanitize in the third basin by immersion for a minimum of one minute, or as directed by the manufacturer, in an APPROVED sanitizing solution.
(d) Air dry in a sanitary manner.
(e) Change water solutions as necessary and as specified in this Section.
(C) FOOD ESTABLISHMENTS, lacking ON-SITE WARE WASHING capability, shall maintain a sufficient supply of clean and sanitized UTENSILs and/or EQUIPMENT to provide for the required replacement at least every four hours.
(1) Soiled UTENSILs/EQUIPMENT shall be properly segregated so as not to cross-contaminate FOOD, or clean FOOD-CONTACT SURFACES, until transported to a PERMITted FOOD ESTABLISHMENT/COMMISSARY for proper cleaning and sanitizing.
(D) Clean UTENSILs shall be stored in a sanitary manner.
13-401.18 FOOD ESTABLISHMENT General Site Requirements
(D) Heating and cooking and storage EQUIPMENT shall be located in an area inaccessible to the public.
An adequate supply of potable water shall be available for cooking purposes, hand washing, and cleaning and sanitizing of EQUIPMENT, UTENSILs, and FOOD-CONTACT SURFACES. A public water supply shall be protected with the appropriate backflow prevention device.
Waste water shall not be dumped onto the ground surface, into waterways, or into storm drains.
(A) Locations with a potable water fixture under pressure shall be drained into a permanent sanitary sewer.
(B) Locations without a potable water fixture under pressure shall collect all waste water in water tight containers adequately sized for the type of operation. Waste water from containers shall be disposed directly into a sanitary sewer.
(A) Solid waste generated at a FOOD ESTABLISHMENT shall be disposed in a manner to prevent excessive accumulation.
(B) Each vendor shall provide a waste container(s) at their booth/stand.
(A) A minimal lighting level of 35 foot-candles, of natural or artificial light, shall be provided on all work surfaces in FOOD handling areas.
13-402 Additional Requirements for HIGH-RISK ANCILLARY FOOD ESTABLISHMENTs
(1) Under refrigeration.
(2) In an ice chest, provided the FOOD is maintained at 40º F±2° or colder.
(3) As part of the cooking process.
13-402.12 CROSS-CONTAMINATION from Raw Animal Products
(A) The same ice chest may not be used for the storage of both raw animal products and READY-TO-EAT FOOD.
(A) All FOOD cooking, and holding and service EQUIPMENT shall be constructed of non-toxic materials, including but not limited to, specifications in Chapter 4-201.11 of these Regulations, and maintained clean, in good repair, and in such condition as not to present a RISK to public health.
(D) Adequate EQUIPMENT shall be provided to maintain hot FOOD at a temperature of 135ºF±2°, or above, during storage, display, and service. APPROVED EQUIPMENT includes, but is not limited to, steam tables, hot boxes, grills, and chafing dishes.
(E) Adequate EQUIPMENT shall be provided to maintain cold FOOD at a temperature of 41ºF±2°, or below, during storage, display and service. In cold storage units, a thermometer or temperature gauge, accurate to ±2°F, shall be conspicuously placed in the warmest area. APPROVED EQUIPMENT includes but is not limited to mechanical refrigeration units and ice chests with a drain.
(F) Stored FROZEN FOOD shall be maintained frozen solid.
(A) Unless requested by a customer, and unless a CONSUMER advisory is properly posted, raw animal FOOD including but not limited to EGGs, FISH, MEAT, POULTRY, and FOOD containing these raw animal FOOD shall be cooked to heat all parts of the FOOD to a temperature and for the time as listed below:
(d) Raw EGGs, not cooked for immediate use, shall be cooked to at least 155°F±2° for at least 15 seconds.
(e) Raw EGGs, cooked for immediate service, shall be cooked to at least 145°F±2° for at least 15 seconds.
(2) Stuffed FOOD shall be cooked to at least 165°F±2° for at least 15 seconds.
(B) Whole beef roasts, corned beef roasts, pork roasts, and cured pork roasts, including but not limited to ham, shall be cooked in a pre-heated oven and to an internal temperature of 145°F±2°, or held at 130°F±2° for at least 112 minutes, or to a temperature as provided in the guidance document provided in Appendix C.
(C) If raw or undercooked FOOD of animal origin is offered in a READY-TO-EAT FOOD form as a deli menu, or other item, or as a raw ingredient in another READY-TO-EAT FOOD, the PERMIT HOLDER shall inform CONSUMERs by brochures, labels, table tents, placards, deli case or menu advisories, or other effective written means of the significantly increased RISK associated with consumption by certain vulnerable CONSUMERs. Such FOOD shall be marked by an asterisk or described on the menu. This Section does not apply to APPROVED smoked or cured animal FOOD. The following language will satisfy the CONSUMER advisory requirement:
Thoroughly cooking FOOD of animal origin, including but not limited to beef, EGGs, FISH, lamb, milk, POULTRY, or SHELLSTOCK reduces the RISK of FOOD BORNE ILLNESS. Young children, the elderly, and individuals with certain health conditions may be at a higher RISK if these FOODs are consumed raw or undercooked.
(D) POTENTIALLY HAZARDOUS FOOD shall be held at 135°F±2° or above.
(F) Reheating for hot holding shall be done rapidly with the time the FOOD is between the temperatures of 41°F±2° and 135°F±2° not to exceed two hours.
(G) READY-TO-EAT FOOD taken from a commercially processed, HERMETICALLY SEALED CONTAINER, or from an intact package from a FOOD PROCESSING ESTABLISHMENT that is inspected by the HEALTH AUTHORITY or AGENCY OF JURISDICTION of the ESTABLISHMENT, shall be heated to a temperature of at least 135°F±2° for hot holding.
|13-5 Permit Restrictions|
The below items are prohibited from being offered and/or sold at a FARMER’S MARKET:
(B) Leftover FOOD products.
(C) Non-dairy creaming, whitening, or whipping agents that are reconstituted on the PREMISES.
(D) Any FOOD products returned by a customer.
(E) PACKAGED ice.
(G) Dumping wash water, rinse water, or waste water onto the ground.
(J) FOOD products from a foreign country.
(L) Uncertified non-graded whole shell EGGs.
(M) Common cloth towels used for hand washing.
Updated on: October 11, 2018