Section 1 — Definitions

Summary of acronyms and abbreviations of terms used in these Regulations

Board — Southern Nevada District Board of Health
°F — Degrees Fahrenheit
NAC — Nevada Administrative Code
NRS — Nevada Revised Statutes
NSF — National Sanitation Foundation International
PHF — Potentially Hazardous Food
ppm — parts per million
SNHD — Southern Nevada Health District

The title of these Regulations is “SNHD Regulations Governing the Sanitation and Safety of Annual Itinerant Food Establishments,” hereinafter referred to as “these Regulations.”

The following definitions shall apply in the interpretation and application of these Regulations. The term, “Annual Itinerant Food Establishments,” may hereinafter be abbreviated to “Annual Itinerants.”

Each of the terms listed shall have the meaning stated below.

1.1 “Adulterated” defined. Adulterated means unfit for human consumption. A food shall be deemed to be adulterated if:

(A) It bears or contains any poisonous or harmful substance which may render it injurious to health unless the substance is not an added substance, and the quantity of the substance does not ordinarily render it injurious to health.

(B) It consists wholly or in part of any diseased, filthy, putrid, contaminated, or decomposed substance, or if it is otherwise unfit for human consumption.

(C) It has been produced, prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or rendered diseased, unwholesome or injurious to health.

(D) It is held in a hermetically sealed container that has:

(1) Sustained damage to the seams on the top, bottom or side of the container or

(2) Sustained sharp or creasing dents to any areas other than the seams or

(3) Shows signs of spoilage, such as loss of vacuum or swelling from gas production due to internal growth.

(E) It is in whole or in part the product of a diseased animal, or an animal that has died otherwise than by slaughter.

(F) Its container is composed, in whole or in part, of any poisonous or harmful substance which may render the contents injurious to health.

(G) It bears or contains any color additive which is unsafe within the meaning of the Federal Food, Drug and Cosmetic Act.

(H) Any valuable constituent has been in whole or in part omitted or abstracted.

(I) Any substance has been substituted wholly or in part therefore.

(J) Damage or inferiority has been concealed in any manner.

(K) Any substance has been added or mixed or packed to increase its bulk or weight, or reduce its quality, strength, or nutritional value, or make it appear better, or of greater value than it is.

(L) It falls below the standard of purity, quality, strength or nutritional value, which it purports or is represented to possess.

(M) It is still available for sale after a date designated as “Sell by” or “Use by” or “Best if Used by,” or by other phrases clearly indicating that food quality may be reduced after that label date.

(N) Milk or a product made from it is still available for sale after the printed date required by NAC 584.2631  shall be deemed adulterated.

(O) Infant formula is deemed to be adulterated unless it provides certain required nutrients, meets the quality factor requirements established by the Secretary of Health and Human Services (the Secretary) (and, by delegation, FDA), and is manufactured in accordance with Current Good Manufacturing Practices (CGMP) and quality control procedures established by the Secretary (21 CFR Parts 106 and 107).

(P) If it is confectionery and it bears or contains any non-nutritive article or substance except harmless coloring, harmless flavoring, non-nutritive sweeteners approved by the Food and Drug Administration for use in food, harmless resinous glaze not in excess of four-tenths of one percent, harmless natural wax not in excess of four-tenths one percent, or harmless natural gum and pectin, except this section does not apply to;

(1) Any confectionery by reason of its containing less than four percent alcohol by weight or,

(2) To any chewing gum by reason of its containing harmless non-nutritive chewable substances.

1.2 “Agency of jurisdiction” defined. The agency of jurisdiction is the local building department, safety authority, fire marshal, business licensing, state and local health departments, federal regulatory agencies and departments of agriculture, other than the Health Authority having jurisdiction concerning food processing, growing of farm products or the operation of a Farmer’s Market or Special Event.

1.3 “Annual itinerant food establishment” defined. An annual itinerant food establishment is a temporary food establishment, operated by the person listed on the permit, providing temporary food service to the final consumer in association with any licensed Special Event or Farmer’s Market, which takes place within the timeframe covered under the permit applied for and issued in accordance with the requirements of NRS 446.875. external link

1.4 “Approved” defined. Approved means acceptable to the Health Authority based on conformance with appropriate, accepted or recognized industry standards and good public health practice.

1.5 “Approved source” defined. An approved source is any grower, supplier, manufacturer, processor or other entity who provides food for sale/consumption which is acceptable to the Health Authority based on a determination of conformity with principles, practices and generally recognized standards that protect public health.

1.6 “Beverage” defined. Beverage means a liquid for drinking, including water.

1.7 “Bottled drinking water” defined. Bottled drinking water means water that is sealed in bottles, packages or other containers and offered for sale for human consumption, including bottled mineral water.

1.8 “Commissary” defined. Commissary means a fixed, non-mobile, food establishment for the storage and preparation of food to be sold or served at a portable unit for service of food, catering operation, mobile food vendor, Farmers’ Market, temporary food establishment, and an annual itinerant. A commissary may also serve as a servicing depot for the servicing and cleaning of equipment. A commissary shall be approved by the Health Authority as part of the permit application and inspection process.

1.9 “Condiment” defined. A condiment is an enhancer, relish or spice to enhance flavor or enjoyment, such as but not limited to mustard, ketchup, pickle relish, peppers, sweeteners, and creamers.

1.10 “Consumer” defined. A consumer is a person who is a member of the public, takes possession of food, not functioning in the capacity of an operator of a food establishment or food processing establishment, and does not offer the food for resale.

1.11 “Corrosion-resistant material” defined. Corrosion-resistant material is a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.

1.12 “Critical violations” defined. Critical violations are violations directly related to the protection of the public from foodborne illness or injury; such as food from unsafe sources, inadequate cooking, improper holding temperatures, contaminated equipment, and poor personal hygiene.

1.13 “Demerit” defined. Demerit means the numerical value given to an individual violation of these Regulations.

1.14 “Disclosure” defined. Disclosure means a written statement that clearly identifies the animal-derived foods which are, or can be ordered, raw, undercooked or without otherwise being processed to eliminate pathogens.

1.15 “District Board of Health” defined. The District Board of Health consists of two representatives of the Board of County Commissioners, two representatives of the governing body of the largest incorporated city in the county, one representative of the governing body of each other city in the county, five at-large members, including two physicians, one registered nurse, one environmental specialist and one member of a business/industry regulated by the Health Authority.

1.16 “Drinking water” defined. Drinking water is water that meets criteria as specified in 40 CFR 141, National Primary Drinking Water Regulations. Drinking water is traditionally known as “potable water.” Drinking water includes the term “water” except where the term used connotes that the water is not potable, such as boiler water, mop water, rainwater, wastewater, and non-drinking water.

1.17 “Easily cleanable” defined.

(A) Easily cleanable means a characteristic of a surface that:

(1) Allows effective removal of soil by normal cleaning methods.

(2) Is dependent on the material, design, construction, installation of the surface and,

(3) Varies with the likelihood of the surface’s role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface’s approved placement, purpose and use.

(B) Easily cleanable includes a tiered application of the criteria that qualify the surface as easily cleanable as specified in Subparagraph A of this definition to different situations in which varying degrees of cleanability are required such as:

(1) The appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining or,

(2) The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.

1.18 “Egg” defined. An egg is the shell egg of avian species such as chicken, duck, goose, guinea, quail, ratites or turkey. Egg does not include: a balut, the egg of reptile species such as alligator, or an egg product.

1.19 “Egg product” defined. Egg product means all, or a portion of, the contents found inside eggs separated from the shell and pasteurized in a food processing establishment, with or without added ingredients, intended for human consumption, such as dried, frozen or liquid eggs. Egg product does not include food which contains eggs only in a relatively small proportion such as cake mixes.

1.20 “Employee” defined. An employee is the permit holder, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food establishment.

1.21 “Equipment” defined. Equipment is an article that is used in the operation of a food establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine. Equipment does not include apparatuses used for handling or storing large quantities of packaged foods that are received from a supplier in a case or over wrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.

1.22 “Event coordinator” defined. An event coordinator is a designated person, or person assigned by the Special Event sponsor responsible for the coordination of temporary food establishments, annual itinerants, food booths, and health-related services at a Special Event. For the purposes of these Regulations, the Farmer’s Market manager at a Farmer’s Market is considered the event coordinator.

1.23 “Farmer’s Market” defined. A Farmer’s Market is a place of business where the actual producer of farm products can bring the products for direct sale to consumers. The term includes a place of business where a person rents space to producers for the sale of farm products.

1.24 “Fish” defined. Fish is fresh or saltwater finfish, crustaceans and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals), other than birds or mammals, and all mollusks, if such animal life is intended for human consumption. Fish includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.

1.25 “Food” defined. Food is a raw, cooked or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

1.26 “Food booth” defined. A food booth is any place, structure or premise associated with a Special Event or Farmer’s Market in which any potentially hazardous or open food intended for ultimate human consumption is offered or served. Multiple operators shall not share a food booth. All operators shall be individually permitted as required by the Health Authority.

1.27 “Food contact surface” defined. Food contact surfaces are surfaces of equipment and utensils with which food normally comes in contact, and the surfaces with which food may come in contact, and drain back onto surfaces normally in contact with food.

1.28 “Food employee” defined. A food employee is any person employed in or operating a food establishment, whether that person is an employer, employee or other natural person who handles, stores, transports, prepares, manufactures, serves, or sells food, or who comes in contact with eating or cooking utensils or other equipment used in the handling, preparation, manufacture, service or sale of food. The term does not include a person who only handles food that is permanently sealed or packaged for sale directly to the consumer and who, if the food is potentially hazardous, handles the food only occasionally or incidentally outside the normal and usual course and scope of his responsibilities or employment.

1.29 “Food establishment” defined.

(A) A food establishment is an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:

(1) Such as a restaurant, satellite or catered feeding location, catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people, market, vending location, institution, or food bank.

(2) That relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.

(B) Food establishment includes:

(1) An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the Health Authority.

(2) An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location where consumption is on or off the premises, and regardless of whether there is a charge for the food.

(C) Food establishment does not include:

(1) An establishment that offers only pre-packaged foods that are not potentially hazardous foods (PHF).

(2) A produce stand that only offers whole, uncut fresh fruits and vegetables.

(3) A food processing establishment.

(4) A kitchen in a private home if only food that is not PHF is prepared for sale or service at a function such as a religious or charitable organization’s bake sale if allowed by law and if the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the Health Authority.

(5) An area where food that is prepared as specified in Subparagraph (C)(4) of this definition is sold or offered for human consumption.

(6) A kitchen in a private home, such as a small family day-care provider or a bed-and breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed six, breakfast is the only meal offered, the number guests served does not exceed 18, and the consumer is informed by statements contained in published advertisements, mailed brochures and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Health Authority.

(7) A private home that receives catered or home-delivered food.

1.30 “Food grade” defined. Food grade means products that are considered safe for use with food by the food and Drug Administration. Federal government Regulations regarding food grade products can be found in 21 CFR (especially Parts 170-189 additives, and Parts 70-82 color additives).

1.31 “Food Handler Health Card” defined. means a document issued by the Health Authority after obtaining a Hepatitis A immunization and attending a basic food safety session introduction and testing.

1.32 “Food processing establishment” defined. A food processing establishment is a commercial operation that manufactures, packages, labels, or stores food for human consumption and does not provide food directly to a consumer and includes any establishment that cans food or packages food in packaging with a modified atmosphere or processes vitamins, food supplements, food additives, spices, tea, coffee, salsa, jelly or jam, condiments, or candy.

1.33 “Food zone” defined. The food zone means surfaces of equipment and utensils with which food normally comes in contact, and the surfaces with which food may come in contact, and drain back onto surfaces normally in contact with food.

1.34 “Frozen food” defined. Frozen food is a food maintained at a temperature at which all moisture therein is in a solid state.

1.35 “Handwashing sink” defined. A handwashing sink is a lavatory, a basin or vessel for washing, a wash basin, or a plumbing fixture especially placed for use in personal hygiene and designed for the washing of the hands. Handwashing sink includes an automatic hand washing facility.

1.36 “Hazard” defined. A hazard is a biological, chemical or physical property that may cause an unacceptable consumer health risk.

1.37 “Health Authority” defined. The Health Authority means the officers and agents of the Board and the SNHD.

1.38 “Hermetically sealed container” defined. A hermetically sealed container is a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.

1.39 “High risk food” defined. High risk food is a potentially hazardous food; including, but not limited to hamburgers, hot dogs, stews, soups, chili, refried beans, meat, poultry, eggs, pork, fish, dairy products, and sliced melons.

1.40 “High risk annual itinerant food establishment” defined. A high risk annual itinerant is a temporary food establishment, which is subcategorized as serving potentially hazardous food and conducting PHF food handling.

1.41 “Imminent health hazard” defined. An imminent health hazard is a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on:

(A) The risk of potential injuries.

(B) The nature, severity and duration of the anticipated injury.

(C) Examples may include, but are not limited to, an emergency such as fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross unsanitary occurrence or condition, or other circumstance that may endanger public health.

1.42 “Kitchenware” defined. Kitchenware means food preparation and storage utensils.

1.43 “Law” defined. Law means applicable local, state, and federal statutes, regulations, codes, and ordinances.

1.44 “Licensed” defined. Licensed means having formal permission or a permit from the appropriate federal, state, or local agency of jurisdiction to carry out a function or event, at a specified location.

1.45 “Linen” defined. Linen means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.

1.46 “Low risk annual itinerant food establishment” defined. A low risk annual itinerant is a temporary food establishment, which is subcategorized as a food establishment which serves packaged non-potentially hazardous food (non-PHF) or conducts open food handling or sampling of non-PHFs. Sampling is not allowed when food is pre-packaged only.

1.47 “Low risk food” defined. Low risk food is food that presents very low risk of causing foodborne illness when handled in specific ways as designated by the Health Authority. Examples include, but are not limited to:

(A) Open containers of pasteurized or ultra-pasteurized milk or similar liquid dairy products that are maintained at 40°F±2° or lower, to be steamed for immediate use in espresso-type beverages;

(B) Ultra-pasteurized half-and-half or similar coffee creamers in single serving hermetically sealed containers;

(C) Pre-packaged ice cream bars and other frozen dairy products that are served without the need for a dipper well; and

(D) Nuts, popcorn, snow cones, French fries, high-sugar candy, honey, cookies, bread, beef jerky, un-sliced melons and intact raw fruit.

1.48 “Meat” defined. Meat is the flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish, poultry and wild game animals.

1.49 “Misbranded” defined. Misbranded means the presence of any written, printed or graphic matter upon or accompanying food or containers of food which is false or misleading.

1.50 “National Sanitation Foundation International (NSF)” defined. The National Sanitation Foundation International is an independent, not-for-profit organization that offers programs and services to augment and support the work of regulatory officials. This includes the development of public health standards, certification of products to those standards, and education and training in all areas of environmental health, including air, water and food safety.

1.51 Nevada Administrative Code (NAC)

1.52 Nevada Revised Statutes (NRS)

1.53 “Non-food contact surface” defined. Non-food contact surface means all exposed surfaces other than food and splash zones.

1.54 “Nuisance” defined. A nuisance is anything which is injurious to health, offensive to the senses, or an obstruction to the free use of property, and thus interferes with the comfortable enjoyment of life or property.

1.55 “Packaged” defined. Packaged means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing establishment. Packaged does not include a wrapper, carry-out box, or other non-durable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.

1.56 “Pasteurized” defined. Pasteurized means heat treated to kill all vegetative (non-spore) cells of pathogens in milk and other dairy products. Pasteurized products require refrigerated storage.

1.57 “Permit” defined. A permit is the document issued by the Health Authority that authorizes a person to operate a food establishment.

1.58 “Permit holder” defined. The permit holder is the entity that is legally responsible for the operation of the food establishment such as the owner, the owner’s agent, or other person and who possesses a valid permit to operate a food establishment.

1.59 “Person” defined. Person means an association, a corporation, individual, partnership, Limited Liability Company, or other legal entity, government, governmental subdivision, or agency.

1.60 “Person in charge” defined. The person in charge is the individual present at a food establishment who is responsible for the operation at the time of inspection.

1.61 “pH” defined. The symbol, pH, represents the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value of pure distilled water is 7, which is considered neutral.

1.62 “Physical facilities” defined. Physical facilities are the structure and interior surfaces of a food establishment. This includes accessories, such as soap and towel dispensers, and attachments, such as light fixtures, and heating or air conditioning system vents.

1.63 “Plumbing fixture” defined. A plumbing fixture is a receptacle or device that is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system or discharges used water, waste materials or sewage directly or indirectly to the drainage system of the premises.

1.64 “Potentially hazardous food (PHF) defined.

(A) Potentially hazardous food (Time/Temperature Control for food Safety) means a food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.

(B) Potentially hazardous food includes;

(1) An animal food that is raw or heat-treated, a plant food that is heattreated or consists of raw seed sprouts, cut melons or garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support pathogenic microorganism growth or toxin formation and,

(2) Except as specified in Subparagraph (C)(4) of this definition, a food that because of the interaction of its aw and pH values is designated as Product Assessment Required (PA) in Table A or B of this definition.

* PHF means potentially hazardous food** TCS food means time/temperature control for food safety*** PA means product assessment required

Table A. Interaction of pH and aw for control of spores in food heat-treated to destroy vegetative cells and subsequently packaged.
AW Values pH Values
4.6 or less >4.6-5.6 >5.6
≤0.92 Non-PHF*/Non TCS Food** Non-PHF /Non TCS Food Non-PHF /Non TCS Food
>0.92-.95 Non-PHF /Non TCS Food Non-PHF /Non TCS Food PA***
>0.95 Non-PHF /Non TCS Food PA PA

* PHF means potentially hazardous food** TCS food means time/temperature control for food safety*** PA means product assessment required

Table B. Interaction of pH and AW for control of vegetative cells and spores in food not heat-treated or heat-treated but not packaged.
AW Values pH Values
<4.2 4.2 – 4.6 <4.6-5.0 <5.0
<0.88 Non-PHF */Non TCS Food** Non-PHF /Non TCS Food Non-PHF /Non TCS Food Non-PHF/Non TCS Food
0.88 – 0.90 Non-PHF/Non TCS Food Non-PHF /Non TCS Food Non-PHF /Non TCS Food PA***
>0.90-0.92 Non-PHF /Non TCS Food Non-PHF /Non TCS Food PA PA
>0.92 Non-PHF /Non TCS Food PA PA PA

(C) Potentially hazardous food does not include;

(1) An air-cooled hard-boiled egg with shell intact or an egg with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable Salmonellae.

(2) A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution.

(3) A food that because of its pH or aw value, or interaction of aw and pH values, is designated as a non-PHF/non-TCS food in Table A or B of this definition.

(4) A food that is designated as Product Assessment Required (PA) in Table A or B or this definition and has undergone a Product Assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that food is precluded due to;

(a) Intrinsic factors including added or natural characteristics of the food such as preservatives, antimicrobials, humectants, acidulants, or nutrients.

(b) Extrinsic factors including environmental or operational factors that affect the food such as packaging, modified atmosphere such as reduced oxygen packaging, shelf life and use, or temperature range of storage and use.

(5) A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the Subparagraphs (C)(1-4) of this definition even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.

1.65 “Poultry” defined. Poultry is any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites, or squabs), whether live or dead, as defined in 9 CFR 381.1 Poultry Inspection Regulations, Definitions; or any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined in 9 CFR 362.1 Voluntary Poultry Inspection Regulations, Definitions.

1.66 “Premises” defined. Premises means:

(A) The physical facility, the contents and the contiguous land or property under the control of the of the permit holder or,

(B) The physical facility, its contents and the land or property not described in Subparagraph (A) of this definition if its facilities and contents are under the control of the permit holder and may impact food establishment personnel, facilities or operation, and a food establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

1.67 “Pre-packaged” defined. Pre-packaged means packaged by one food establishment for delivery and sale by another food establishment.

1.68 “Public water system” defined. Public water system has the meaning stated in 40 CFR 141 National Primary Drinking Water Regulations.

1.69 “Ratite” defined. A ratite is a flightless bird such as an emu, ostrich or rhea.

1.70 “Ready-to-eat food” defined.

(A) Ready-to-eat food means food that is in a form that is edible without additional preparation to achieve food safety, as specified under one of the following:

(1) Unless requested by a customer and a consumer advisory is properly posted, raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods, shall be cooked to heat all parts of the food to a temperature and for a time as listed below. Raw animal foods shall be cooked to at least 165ºF for at least 15 seconds except:

(a) Comminuted and ground meats such as hamburger shall be cooked to at least 155ºF for at least 15 seconds;

(b) Comminuted fish products shall be cooked to at least 155ºF for at least 15 seconds;

(c) Commercially raised game animals shall be cooked to at least 155ºF for at least 15 seconds;

(d) Injected meats shall be cooked to at least 155ºF for at least 15 seconds;

(e) Raw eggs not cooked for immediate use shall be cooked to at least 155ºF for at least 15 seconds;

(f) Raw eggs cooked for immediate service shall be cooked to at least 145ºF for at least 15 seconds; and

(g) fish shall be cooked to at least 145ºF for at least 15 seconds.

(2) Stuffed foods shall be cooked to 165ºF for at least 15 seconds.

(3) Whole beef roasts, corned beef roasts, pork roasts, and cured pork roasts such as ham, shall be cooked in a preheated oven and to an internal temperature of 145ºF, or held at 130ºF for at least 121 minutes.

(4) If raw or undercooked food of animal origin is offered in a ready-to-eat form, as a deli, menu, or other item; or as a raw ingredient in another ready-to-eat food, the permit holder must 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 certain especially vulnerable consumers eating such foods in a raw or undercooked form. Such foods must be asterisked or accurately described on the menu. This section does not apply to approved smoked or cured animal food. The following language will satisfy the consumer advisory requirements:

“Thoroughly cooking foods of animal origin such as beef, eggs, fish, lamb, milk, poultry, or shellfish reduces the risk of foodborne 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.”

(5) Raw animal foods cooked in a microwave oven shall be:

(a) Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

(b) Covered to retain surface moisture;

(c) Heated to a temperature of at least 165ºF in all parts of the food; and

(d) Allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium.

(6) For parasite destruction, except as specified in (7) of this section, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish shall be:

(a) Frozen and stored at a temperature of minus 4°F or below for a minimum of 168 hours (7 days) in a freezer;

(b) Frozen at minus 31°F or below until solid and stored at minus 31°F or below for a minimum of 15 hours; or

(c) Frozen at minus 31°F or below until solid and stored at minus 4°F or below for a minimum of 24 hours.

(7) Paragraph (6) of this section does not apply to:

(a) molluscan shellfish;

(b) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern); or

(c) Aquacultured fish, such as salmon, that, if raised in open water, are raised in net-pens or are raised in land-based operations such as ponds or tanks, where they are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish, and/or

(8) May receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes.

(B) ready-to-eat food includes:

(1) Raw animal food that is cooked as specified under Sections (A)(1-3) or (A)(5) above, or frozen as specified under Section (A)(6) above.

(2) Raw fruits and vegetables that are thoroughly washed in water to remove soil and other visible contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form. Whole, raw fruits and vegetables that are intended for washing by the consumer before consumption need not be washed before they are sold.

(3) Fruits and vegetables that are cooked for hot holding to a temperature of 135°F.

(4) All potentially hazardous food that is cooked to the temperature and time required for the specific food as specified under Sections (A)(1-3) or (A)(5) above and cooled at ambient air temperature until it reaches 140ºF. Cooked potentially hazardous food shall be cooled:

(a) Within 2 hours from 140ºF to 70ºF; and

(b) Within 4 hours from 70ºF to 40ºF or less.

(c) Potentially hazardous food shall be cooled within 4 hours to 40ºF or less if prepared from ingredients at ambient temperature. ready-to-eat potentially hazardous food must be prepared from chilled ingredients.

(5) Plant food for which further washing, cooking or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present are removed.

(6) Substances derived from plants such as spices, seasonings and sugar.

(7) A bakery item such as bread, cake, pie, filling, or icing for which further cooking is not required for food safety.

(8) The following products that are produced in accordance with USDA guidelines and have received a lethality treatment for pathogens; dry fermented sausages, such as dry salami or pepperoni, salt-cured meat and poultry products, such as prosciutto ham, and dried meat and poultry products, such as jerky or beef sticks.

(9) Foods manufactured as specified in 21 CFR Part 113, Thermally Processed Low-Acid foods packaged in hermetically sealed containers.

1.71 “Refuse” defined. Refuse is solid waste not carried by water through the sewage system.

1.72 “Risk” defined. Risk means the likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.

1.73 “Sanitization” defined. Sanitation means the application of cumulative heat or chemicals on cleaned food contact surfaces that, when evaluated for efficacy, is sufficient to yield a 5-log reduction, which is equal to 99.999 percent reduction, of representative disease microorganisms of public health importance.

1.74 “Sealed” defined. Sealed means free of cracks or other openings that allow the entry or passage of moisture.

1.75 “Service animal” defined. A service animal is an animal such as a guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability.

1.76 “Sewage” defined. Sewage means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution. Black water is sewage that is liquid and solid human body waste and the carriage water generated through toilet use. Grey water is the wastewater, not including black water from residential, commercial and industrial use, such as sink drainage or washing machine discharges.

1.77 “Single-service articles” defined. Single-service articles means tableware, carry-out utensils and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed to be used once and discarded. Single-use articles include items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and large cans which do not meet the materials, durability, strength, and cleanability as specified under these Regulations for multiuse utensils.

1.78 “Smooth” defined. Smooth means:

(A) A food contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of (100 grit) Number 3 stainless steel.

(B) A non-food contact surface or equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale.

(C) A floor, wall or ceiling having an even or level surface with no roughness or projections which render it difficult to clean.

1.79 “Splash zone” defined. The splash zone means any surfaces, other than food zone, subject to routine splash, spillage or other food soiling during normal use.

1.80 “Special Event” defined. A Special Event is any licensed transitory public gathering that takes place at a given location for a specific purpose that is self limited in connection with a fair, carnival, circus, public exhibition, celebration, or trade show. The event has a defined start and stop date, with the given event not exceeding fourteen consecutive calendar days. This includes tasting events. This does not include any private/“by invitation only” gathering or nonprofit/church gatherings held on nonprofit/church property.

1.81 “Solid waste” defined. Solid waste is all putrescible and nonputrescible refuse in solid, semisolid, or liquid form, including, but not limited to, garbage; rubbish; junk vehicles; ashes or incinerator residue; street refuse; dead animals; demolition waste; construction waste; and solid, semisolid, or liquid commercial and industrial waste.

1.82 “Special Event sponsor” defined. The Special Event sponsor is the person, group, association, organization, corporation, or governmental agency sponsoring or promoting a Special Event.

1.83 “Tableware” defined. Tableware means eating, drinking and serving utensils for table use such as flatware, including forks, knives and spoons; hollowware including bowls, cups, serving dishes, tumblers, and plates.

1.84 “Tasting event” defined. Tasting events are Special Events, such as a wine tastings and chili cook-offs, where an entrance fee entitles the consumer to food service in conjunction with the Special Event and where there are no points of sale directly at the tasting booths.

1.85 “Temperature measuring device” defined. A temperature measuring device is a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air or water.

1.86 “Temporary food establishment” defined. A temporary food establishment is a food establishment that operates for a period of no more than fourteen consecutive days in conjunction with a Special Event.

1.87 U.S. Food and Drug Administration (FDA)

1.88 U.S. Department of Agriculture (USDA)

1.89 “Utensil” defined. A utensil is a food contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multi-use, a single-service article or singleuse article such as gloves used in contact with food, the temperature sensing probes of food temperature measuring devices, and probe-type price or identification tags used in contact with food.

1.90 “Warewashing” defined. Warewashing means the cleaning and sanitizing of utensils and food contact surfaces of equipment.

1.91 “Wastewater” defined. Wastewater is water that has been used, as for washing, flushing, or in a manufacturing process, and so contains waste products; sewage.

1.92 “Water activity (aW)” defined. Water activity means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature and is indicated by the by symbol aW.

Contact Information

Phone: (702) 759-1258


Updated on: October 11, 2018