LICENSING REQUIREMENTS AND STANDARDS FOR
RETAIL FOOD ESTABLISHMENTS
ARTICLE 1: Licensing Requirements for Retail Food Establishments
- Section 1
- (a) No person may operate a retail food establishment without first obtaining a valid license from the Health Officer. Only persons who comply with the facility and operational requirements of The Code shall be entitled to receive such a license.
- (b) No person may organize an event at which temporary food establishments operate without first having registered the event with the Health Officer. The registration application shall be submitted at least 30 days prior to the event and shall include a list of vendors with food items to be served and other information deemed necessary by the Health Officer. It shall be the organizer's responsibility to insure that only persons licensed by the Health Officer shall participate in the event.
- Section 2
- When the entire operation of a retail food establishment is subject to continuous inspection by an appropriate State or Federal governmental agency, a license as described in this Chapter is not required.
- Section 3
- (a) The application for a license shall request provision of information deemed necessary by the Health Officer.
- (b) Vending machine operations owners shall provide a list of vending machine locations indicating the firm name, address and number and type of machines at each location when submitting a new or renewal license application.
- Section 4
- License fees collected shall be disbursed by the Health Officer in furtherance of carrying out and enforcing the provisions of this Chapter.
- Section 5
- (a) The current license shall be posted at all times in a conspicuous place in or at each retail food establishment.
- (b) A separate license shall be obtained with a separate license fee:
- (1) for each kitchen when one location of an establishment has more than one kitchen and
- (2) for each separate establishment.
- (c) Mobile retail food establishments and individual food vending machines shall prominently display the license number in a manner prescribed by the Health Officer.
- Section 6
- No license issued under this Chapter may be assigned or transferred to any other person or to any
other location; rather, a new license must be obtained. If the location of the business is changed, the
old license must be surrendered, a new license obtained, and fee paid. No refund will be granted for
any unexpired period of the former license.
- Section 7
- Unless a renewal license application and fee is submitted by March 1 of each calendar year, the
operating license is void and the establishment shall discontinue operations immediately. Operations
may resume only after a license from the Health Officer is obtained. A delinquent payment fee of
twenty-five percent (25%) of the annual license fee will be imposed in addition to the annual operating
license fee.
ARTICLE 2: License Fees For Retail Food Establishments
- Section 1
- Restaurants, Taverns, Schools, Commissaries -- Annual Operating License Fee
- The annual operating license fee for license applications filed between January 1 and June 30 is:
| Number Of Employees (measured as full time equivalents): |
Fee: |
| 1 through 9 |
$ 325.00 |
| 10 through 40 |
$ 475.00 |
| Over 40 |
$ 545.00 |
- Section 2
- Grocery Stores, Food Markets, Bakeries, Warehouses -- Annual Operating License Fee
- The annual operating license fee for license applications filed between January 1 and June 30 is:
| Square Footage (area used for storage, processing and sale of food items): |
Fee: |
| Under 3,000 |
$ 295.00 |
| 3,000 to 30,000 |
$ 390.00 |
| 30,001 to 40,000 |
$ 480.00 |
| 40,001 to 60,000 |
$ 585.00 |
| 60,001 and over |
$ 700.00 |
- Section 3
- The fee for a new establishment filing its license application between July 1 and December 31 of any year or operating less than six consecutive months during any one calendar year is one-half of the license fee specified in Sections 1 and 2.
- Section 4
- Retail Food Establishment -- New Establishment License Fee
- (a) A new retail food establishment is one which has not previously obtained an operating license or one which has been licensed but has discontinued operations for ninety (90) days or more.
- (b) In addition to the annual operating license fee required under Sections 1 and 2, a new retail food establishment shall pay a fee based on the square footage of the building floor area as follows:
| Square Footage: |
Fee: |
| Under 3,000 |
$ 185.00 |
| 3,000 to 30,000 |
$ 270.00 |
| 30,001 to 40,000 |
$ 440.00 |
| 40,001 to 60,000 |
$ 470.00 |
| 60,001 and over |
$ 535.00 |
- Section 5
- An additional fee of twenty-five percent (25%) of the annual establishment license fee shall be imposed when a retail food establishment opens for business without first obtaining the required license.
- Section 6
- Retail Food Establishment -- Ownership Transfer Fee
- When the ownership of a licensed retail food establishment is transferred from one person to another person, an additional fee will be imposed in the amount of $130.00.
- Section 7
- Temporary Food Establishment -- Operating License Fee
- (a) The license fee shall be $ 30.00 for the first day of operation and an additional $10.00 for each subsequent day of operation, not to exceed fourteen (14) days of consecutive operation.
- (b) A separate license shall be required for each temporary food establishment. A retail food establishment which operates more than fourteen (14) consecutive days shall be subject to the fee schedule of Section 1 and Section 2.
- (c) Annual license
- An annual operating license is available to any temporary food establishment that meets all of the following requirements:
- (1) Sells or gives away food to the public at multiple events during the calendar year.
- (2) Distributes no more than one type of potentially hazardous food at each event. Potentially hazardous food must be prepared and individually prepackaged at a licensed retail food establishment or a licensed food-processing operation.
- (3) Prepares no food at the site of the event.
- (4) Notifies the Health Officer of the event location, time, and the types of foods being provided. Notification shall be no later than 3:00 p.m. on the last business day before the day of the event.
- (5) Otherwise complies with the provisions of this ordinance.
- (d) The fee for the Annual Operating License shall be $325.00.
- Section 8
- Mobile Retail Food Establishment -- Annual Operating License Fee
- (a) The annual operating license fee for license applications filed between January 1 and June 30 is $130.00.
- (b) Mobile retail food establishments which operate six (6) consecutive months or less during any one calendar year shall pay a fee equal to one-half of the annual operating license fee.
- (c) Mobile retail food establishment units shall operate from a commissary or a base establishment which has been licensed by the Health Officer. Each unit shall report at least daily to such base for all food and other supplies, and for cleaning and servicing operations. A separate annual operating license and fee is required for each base of operations.
- Section 9
- Food Vending Operations -- Annual Operating License Fee
- (a) The annual operating license fee for license applications filed between January 1 and June 30 is:
| Number Of Machines: |
Fee: |
| 1 through 50 |
$ 475.00 |
| 51 through 300 |
$ 780.00 |
| Over 300 |
$ 1,270.00 |
- (b) The fee for a new establishment filing its license application between July 1 and December 31 of any year or operating less than six (6) consecutive months during any one calendar year is one-half of the license fee specified in Section 9(a).
- (c) A vending machine operations owner shall maintain a commissary or base establishment which has been licensed by the Health Officer. At this commissary or operations base, the owner shall maintain a record of all of his vending machines and the location of all commissaries and other establishments from which machines are serviced. A separate annual operating license and fee is required for each base of operations.
- (d) An owner shall notify the Health Officer within five (5) days of:
- 1) Use of new types of vending machines or
- 2) Conversion of existing machines to dispense different food products, if the machines or foods are different than those for which the existing license was issued.
- Section 10
- Reduced Fees for Specified Establishments
- (a) This Chapter, including its licensing provisions, applies to retail food establishments which serve or provide food or beverage to the indigent and needy at no charge or fee to the recipient and so long as the establishment is operated by an organization, corporation or association exempt from federal taxation under the Internal Revenue Code Section 501(c). The fee for such a license shall be $15.00 annually. However, this section's reduced fee provision shall not apply to educational institutions. No license requirement or fee will be imposed if such retail food establishment is exempted by I.C. 16-42-5-4 (Sale Of Food By Certain Organizations; Exemption From Compliance).
- (b) This Chapter, including its licensing provisions, applies to retail food establishments operated by schools licensed by the State of Indiana which provide merely beverage service or provision of prepackaged food products obtained at a commissary licensed by the Health Officer. The fee for such a license shall be sixty dollars annually. No fee will be imposed if such retail food establishment is exempted by I.C. 16-42-5-4 (Sale Of Food By Certain Organizations; Exemption From Compliance).
ARTICLE 3: Inspection Of Retail Food Establishments
- Section 1 Inspection Frequency and Inspection Findings
- (a) The Health Officer shall routinely inspect retail food establishments as often as the Health Officer deems necessary. After the Health Officer presents official credentials and expresses an intent to conduct an inspection, investigation, or to collect food samples, the person-in-charge shall allow the Health Officer to determine if the retail food establishment is in compliance with this Chapter by allowing access to the establishment, and providing information and records specified in this Chapter and to which the Health Officer is entitled according to law, during the retail food establishment's hours of operation and other reasonable times.
- (b) When the Health Officer discovers a violation or violations, he shall make a second inspection after the lapse of such time allotted for the defect to be remedied to verify that the defect or defects have been corrected.
- (c) One copy of the most recent inspection report shall be posted in a conspicuous place where it can be seen by all food service personnel. The inspection report may not be defaced or removed by any person except the Health Officer.
- Section 2 Public Health Protection
- (a) The Health Officer shall uniformly apply this Chapter to all retail food establishments in a reasonable
manner that promotes its underlying purpose of safeguarding public health and ensuring that food is
safe, not misbranded, unadulterated, and honestly presented when offered to the consumer.
- (b) In enforcing the provisions of this Chapter, the Health Officer shall assess existing facilities or
equipment that were in use before the effective date of this Chapter based on the following considerations:
- (1) Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition.
- (2) Whether food-contact surfaces comply with sections 184 through 195 of this Chapter.
- (3) Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with section 232 of this Chapter.
- (4) The existence of a documented agreement with the retail food establishment that the facilities or equipment will be replaced or upgraded.
- Section 3 Ceasing Operations, Reporting, and Resumption of Operations
- (a) Except as specified in subsection (b), a retail food establishment shall immediately discontinue operations and notify the Health Officer if an imminent health hazard may exist because of an emergency, such as:
- (1) a fire;
- (2) a flood;
- (3) an extended interruption of electrical or water service;
- (4) a sewage backup;
- (5) a misuse of poisonous or toxic materials;
- (6) an onset of an apparent foodborne illness outbreak;
- (7) a gross insanitary occurrence or condition; or
- (8) other circumstance that may endanger public health.
- (b) A retail food establishment need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.
- (c) If operations are discontinued as specified under this section or otherwise according to law, the retail food establishment shall obtain approval from the Health Officer before resuming operations.
- Section 4 Preventing Health Hazards; Provisions for Conditions Not Addressed
- (a) If necessary to protect against public health hazards or nuisances, the Health Officer may
temporarily impose specific requirements in addition to the requirements contained in this Chapter
that are authorized by law.
- (b) The Health Officer shall document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to the retail food establishment and a copy shall be maintained in the Health Officer's file for the retail food establishment.
- Section 5 Foodborne Disease Investigation
- When the Health Officer suspects that there has been possible transmission of communicable disease from any retail food service establishment or from a food establishment employee, the Health Officer may take all steps necessary as authorized under state law, including but not limited to:
- (1) Inspecting, testing, and sampling deemed necessary by the Health Officer;
- (2) Immediately excluding the employee from all retail food service establishments;
- (3) Immediately closing the retail food service establishment until the risk of transmission abates;
- (4) Adequate medical examination of the employee and of his contacts, with such laboratory examinations as may be directed by the Health Officer.
ARTICLE 4: Construction Plans
- Section 1 Requirement for Facility and Operating Plans
- The owner or other authorized agent of an existing or proposed retail food establishment shall submit to the Health Officer properly prepared plans and specifications for review and approval before:
- (1) the construction of a retail food establishment;
- (2) the conversion of an existing structure for use as a retail food establishment; or
- (3) the remodeling of a retail food establishment or a change of type of retail food establishment or food operation if the Health Officer determines that plans and specifications are necessary to ensure compliance with this Chapter.
- Section 2 Contents and Specifications for Facility and Operation Plans
- The plans and specifications for a retail food establishment shall include, as required by the Health Officer based on the type of operation, type of food preparation, and foods prepared, the following information to demonstrate compliance with Chapter provisions:
- (1) Intended menu.
- (2) Anticipated volume of food to be stored, prepared, and sold or served.
- (3) Proposed layout, mechanical schematics, construction materials, and finish schedules.
- (4) Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications.
- (5) Evidence that standard procedures that ensure compliance with this Chapter are developed or are being developed.
- (6) Other information that may be required by the Health Officer for the proper review of the proposed construction, conversion or modification, and procedures for operating a retail food establishment.
ARTICLE 5: Basic Requirements for Retail Food Establishments
- Section 1 vApplicability
- The definitions in this Chapter apply throughout this Chapter.
- Section 2 “Adulterated” Defined
- “Adulterated” has the meaning set forth in IC 16-42-1 through IC 16-42-4.
- Section 3 “Approved” Defined
- “Approved” means acceptable to the Health Officer based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
- Section 4 “aw” Defined
- “aw” means water activity that is:
- (1) a measure of the free moisture in a food;
- (2) the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature; and
- (3) indicated by the symbol aw.
- Section 5 “Beverage” Defined
- “Beverage” means a liquid for drinking, including water.
- Section 6 “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.
- Section 7 “Certification Number ” Defined
- “Certification number” means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the National Shellfish Sanitation Program.
- Section 8 “CFR” Defined
- “CFR” means the Code of Federal Regulations.
- Section 9 “CIP” Defined
- “CIP” means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine. The term does not include the cleaning of equipment, such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system.
- Section 10 “Color Additive” Defined
- “Color additive” has the meaning set forth in the federal Food, Drug, and Cosmetic Act, Section 201(t) and 21 CFR 70.
- Section 11 “Comminuted” Defined
- “Comminuted” means reduced in size by methods, including chopping, flaking, grinding, or mincing.
- The term includes:
- (1) fish or meat products that are reduced in size and restructured or reformulated, such as gefilte fish, gyros, ground beef, and sausage; and
- (2) a mixture of two (2) or more types of meat that have been reduced in size and combined, such as sausages made from two (2) or more meats.
- Section 12 “Confirmed Disease Outbreak” Defined
- “Confirmed disease outbreak” means a foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness.
- Section 13 “Consumer” Defined
- “Consumer” means a person who is a member of the public who:
- (1) takes possession of food;
- (2) is not functioning in the capacity of an operator of a retail food establishment or food processing plant; and
- (3) does not offer the food for resale.
- Section 14 “Corrosion-Resistant Material” Defined
- “Corrosion-resistant material” means 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.
- Section 15 “Critical Control Point” Defined
- “Critical control point” means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.
- Section 16 “Critical Item” Defined
- (a) “Critical item” means a provision of this Chapter that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or environmental health hazard.
- (b) “Critical item” is an item that is denoted in this Chapter with an asterisk (S).
- Section 17 "Critical Limit” Defined
- “Critical limit” means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.
- Section 18 “Department” Defined
- “Department” means the Marion County Health Department, Division of Public Health, The Health and Hospital Corporation of Marion County, Indiana.
- Section 19 “Drinking Water” Defined
- (a) “Drinking water” means water that meets the requirements of 327 IAC 8.
- (b) The term is traditionally known as potable water.
- (c) The term includes “water”, except where the term used connotes that the water is not potable, such as boiler water, mopwater, rainwater, wastewater, and nondrinking water.
- Section 20 “Dry Storage Area” Defined
- “Dry storage area” means a room or area designated for the storage of packaged or containerized bulk food that is not potentially hazardous and dry goods, such as single-service items.
- Section 21 “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, and 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) The term includes a tiered application of the criteria that qualify the surface as easily cleanable as specified under subsection (a) 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.
- Section 22 “Easily Movable” Defined
- “Easily movable” means the following:
- (1) Portable;
- (2) Mounted on casters, gliders, or rollers; or
- (3) Provided with a mechanical means to safely tilt a unit of equipment for cleaning; and
- (4) Having no utility connection;
- (5) Having a utility connection that disconnects quickly; or
- (6) Having a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.
- Section 23 “Employee” Defined
- “Employee” means:
- (1) the person-in-charge;
- (2) the person having supervisory or management duties;
- (3) the person on the payroll;
- (4) a family member;
- (5) a volunteer;
- (6) a person performing work under contractual agreement; or
- (7) other person working in a retail food establishment.
- Section 24 “EPA” Defined
- “EPA” means the United States Environmental Protection Agency.
- Section 25 “Equipment” Defined
- (a) “Equipment” means an article that is used in the operation of a retail food establishment, such as:
- (1) a freezer;
- (2) a grinder;
- (3) a hood;
- (4) an ice maker;
- (5) a meat block;
- (6) a mixer;
- (7) an oven;
- (8) a reach-in refrigerator;
- (9) a scale;
- (10) a sink;
- (11) a slicer;
- (12) a stove;
- (13) a table;
- (14) a temperature measuring device for ambient air;
- (15) a vending machine; or
- (16) a warewashing machine.
- (b) The term does not include items used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as:
- (1) hand trucks;
- (2) forklifts;
- (3) dollies;
- (4) pallets;
- (5) racks; and
- (6) skids.
- Section 26 “Fish” Defined
- (a) “Fish” means fresh or saltwater finfish, crustaceans, all mollusks, and all other forms of aquatic life, such as:
- (1) alligator;
- (2) frog;
- (3) aquatic turtle;
- (4) jellyfish;
- (5) sea cucumber;
- (6) sea urchin; and
- (7) the roe of such animals;
- other than birds or mammals, if such animal life is intended for human consumption.
- (b) The term includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.
- Section 27 “Food” Defined
- “Food” means the following:
- (1) All articles used for food, drink, confectionery, or condiment whether simple, mixed, or compound.
- (2) All substances or ingredients used in the preparation of the items described in subdivision (1).
- Section 28 “Food Additive” Defined
- “Food additive” has the meaning stated in the federal Food, Drug, and Cosmetic Act, Section 201(s) and 21 CFR 170.
- Section 29 “Food-Contact Surface” Defined
- “Food-contact surface” means a surface of equipment or a utensil:
- (1) with which food normally comes into contact; or
- (2) from which food may drain, drip, or splash into a food, or onto a surface normally in contact with food.
- Section 30 “Food Employee” Defined
- “Food employee” means an individual working with food, food equipment or utensils, or food-contact surfaces.
- Section 31 “Food Processing Plant” Defined
- (a) “Food processing plant” means a commercial operation that manufactures, packages, labels, or stores food for human consumption and does not provide food directly to a consumer.
- (b) The term does not include a retail food establishment as defined under section 70 of this Chapter.
- Section 32 “Foodborne Disease Outbreak” Defined
- (a) “Foodborne disease outbreak” means an incident, except as specified under subsection (b), in which:
- (1) there is an occurrence of two (2) or more cases of a similar illness resulting from the ingestion of a common food; and
- (2) epidemiological analysis implicates the food as the source of the illness.
- (b) “Foodborne disease outbreak” includes a single case of illness from botulism or chemical poisoning.
- Section 33 “Game Animal” Defined
- “Game animal” means an animal, the products of which are food, that is not:
- (1) regulated under IC 15-2.1-24;
- (2) fish as defined under section 26 of this Chapter; and
- (3) possessed or raised in violation of state or federal law.
- Section 34 “General Use Pesticide” Defined
- “General use pesticide” means a pesticide that is not classified by EPA for restricted use as specified in
40 CFR 152.175.
- Section 35 “Grade A Standards” Defined
- “Grade A Standards” means the requirements of the United States Public Health Service, FDA Grade A Pasteurized Milk Ordinance and Grade A Condensed and Dry Milk Ordinance with which certain fluid and dry milk and milk products comply.
- Section 36 “Group Residence" Defined
- (a) “Group residence” means a private or public housing corporation or institutional facility that provides living quarters and meals.
- (b) The term includes a domicile for unrelated persons, such as a retirement home or long term health care facility.
- Section 37 “HACCP Plan” Defined
- “HACCP plan” means a written document that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods.
- Section 38 “Hazard” Defined
- “Hazard” means a biological, chemical, or physical property that may cause an unacceptable consumer health risk.
- Section 39 “Hermetically Sealed Container” Defined
- “Hermetically sealed container” means a container that is designed and intended to be secure against the entry of micro-organisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.
- Section 40 “Highly Susceptible Population” Defined
- “Highly susceptible population” means a group of persons who are more likely than other populations to experience foodborne disease because they are:
- (1) immunocompromised or adults who are sixty-five (65) years of age or older and in a hospital; or
- (2) preschool age children in a facility that provides custodial care, such as a child care center.
- Section 41 “Imminent Health Hazard” Defined
- “Imminent health hazard” means 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 or illness based on:
- (1) the number of potential injuries or illnesses; and
- (2) the nature, severity, and duration of the anticipated injury or illness.
- Section 42 “Injected” Defined
- “Injected” means manipulating a meat so that infectious or toxigenic micro-organisms may be introduced from its surface to its interior through tenderizing with deep penetration or injecting the meat, such as by processes that may be referred to as injecting, pinning, or stitch pumping.
- Section 43 “Juice” Defined
- “Juice” means the aqueous liquid expressed or extracted from:
- (1) one (1) or more fruits or vegetables;
- (2) purees of the edible portions of one (1) or more fruits or vegetables; or
- (3) any concentrate of such liquid or puree.
- The term does not apply to standards of identity.
- Section 44 “Kitchenware” Defined
- “Kitchenware” means food preparation and storage utensils.
- Section 45 “Law” Defined
- “Law” means applicable state, and federal statutes, regulations, and local ordinances.
- Section 46 “Linens” Defined
- “Linens” means fabric items, such as:
- (1) cloth hampers;
- (2) cloth napkins;
- (3) table cloths;
- (4) wiping cloths; and
- (5) work garments, including cloth gloves.
- Section 47 “Meat” Defined
- (a) “Meat” means the food products of animals, such as:
- (1) pork;
- (2) beef;
- (3) lamb; and
- (4) ratite;
- included under IC 15-2.1-24.
- (b) The term does not include fish, poultry, and game animals.
- Section 48 “Misbranded” Defined
- “Misbranded” has the meaning stated in IC 16-42-1 through IC 16-42-4,and 410 IAC 7-5.
- Section 49 “Molluscan Shellfish” Defined
- “Molluscan shellfish” means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.
- Section 50 “Packaged” Defined
- (a) “Packaged” means:
- (1) bottled;
- (2) canned;
- (3) cartoned;
- (4) securely bagged; or
- (5) securely wrapped;
- whether packaged in a retail food establishment or a food processing plant.
- (b) The term does not include a wrapper, carry-out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.
- Section 51 “Person” Defined
- “Person” means:
- (1) an association;
- (2) a corporation;
- (3) an individual;
- (4) partnership; or
- (5) other legal entity, government, or governmental subdivision or agency.
- Section 52 “Person-in-Charge” Defined
- “Person-in-charge” means the individual present at a retail food establishment who is responsible for the operation at the time of inspection.
- Section 53 “Personal Care Items” Defined
- (a) “Personal care items” means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person's health, hygiene, or appearance.
- (b) The term includes items, such as:
- (1) medicines;
- (2) first aid supplies;
- (3) cosmetics; and
- (4) toiletries.
- Section 54 “pH” Defined
- “pH” means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between zero (0) and seven (7) indicate acidity, and values between seven (7) and fourteen (14) indicate alkalinity. The value for pure distilled water is seven (7), which is considered neutral.
- Section 55 “Physical Facilities” Defined
- “Physical facilities” means the structure and interior surfaces of a retail food establishment, including floors, walls, ceilings, and accessories, such as:
- (1) soap and towel dispensers; and
- (2) attachments, such as light fixtures and heating or air conditioning system vents.
- Section 56 “Plumbing Fixture” Defined
- “Plumbing fixture” means a receptacle or device that:
- (1) is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or
- (2) discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.
- Section 57 “Plumbing System” Defined
- “Plumbing system” means:
- (1) the water supply and distribution pipes;
- (2) plumbing fixtures and traps;
- (3) soil, waste, and vent pipes;
- (4) sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and
- (5) water-treating equipment.
- Section 58 “Poisonous or Toxic Materials” Defined
- “Poisonous or toxic materials” means substances that are not intended for ingestion and are included in four (4) categories, as follows:
- (1) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents, such as caustics, acids, drying agents, polishes, and other chemicals;
- (2) Pesticides except sanitizers, which include substances, such as insecticides and rodenticides;
- (3) Substances necessary for the operation and maintenance of the establishment, such as nonfood grade lubricants and personal care items that may be deleterious to health; and
- (4) Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.
- Section 59 “Potentially Hazardous Food” Defined
- (a) “Potentially hazardous food” means a food that is natural or synthetic and requires temperature control because it is in a form capable of supporting the following:
- (1) The rapid and progressive growth of infectious or toxigenic micro-organisms;
- (2) The growth and toxin production of Clostridium botulinum; or
- (3) In raw shell eggs, the growth of Salmonella enteritidis.
- (b) The term includes:
- (1) a food of animal origin that is raw or heat-treated;
- (2) a food of plant origin that is heat-treated or consists of raw seed sprouts;
- (3) cut melons; and
- (4) garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth as specified under subsection (a).
- (c) The term does not include any of the following:
- (1) An air-cooled hard-boiled egg with shell intact.
- (2) A food with a aw value of eighty-five hundredths (0.85) or less.
- (3) A food with a pH level of four and six-tenths (4.6) or below when measured at seventy-five (75) degrees Fahrenheit.
- (4) A food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution.
- (5) A food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic micro-organisms or the growth of Salmonella enteritidis in eggs or Clostridium botulinum cannot occur, such as a food that:
- (A) has a aw and a pH that are above the levels specified under subdivisions (2) and (3); and
- (B) may contain a preservative, other barrier to the growth of micro-organisms, or a combination of barriers that inhibit the growth of micro-organisms.
- (6) A food that may contain an infectious or toxigenic micro-organism or chemical or physical contaminant at a level sufficient to cause illness, but that does not support the growth of microorganisms as specified under subsection (a).
- Section 60 “Poultry” Defined
- “Poultry” means:
- (1) a domesticated bird included under IC 15-2.1-24 and is not meat; or
- (2) a game animal.
- Section 61 “Ppm” Defined
- “Ppm” means parts per million, which is equivalent to milligrams per liter.
- Section 62 ”Premises” Defined
- “Premises” means:
- (1) the physical facility, its contents, and the contiguous land or property under the control of the retail food establishment; or
- (2) the physical facility, its contents, and the land or property not described under subdivision (1) if its facilities and contents are under the control of the retail food establishment and may impact personnel, facilities, or operations, if a retail food establishment is only one (1) component of a larger operation, such as a health care facility, hotel, motel, school, recreational camp, or prison.
- Section 63 “Primal Cut” Defined
- “Primal cut” means a basic major cut into which carcasses and sides of meat are separated, such as:
- (1) a beef round;
- (2) a pork loin;
- (3) a lamb flank; or
- (4) a veal breast.
- Section 64 “Public Water System” Defined
- “Public water system” has the meaning set forth in 327 IAC 8.
- Section 65 “Ready-to-Eat Food” Defined
- “Ready-to-eat food” means food that is in a form that is edible without washing, cooking, or additional preparation by the retail food establishment or the consumer and that is reasonably expected to be consumed in that form. The term includes the following:
- (1) Potentially hazardous food that is unpackaged and cooked to the temperature and time required for the specific food under sections 161 through 163 of this Chapter.
- (2) Raw, washed cut fruits and vegetables.
- (3) Whole, raw fruits and vegetables that are presented for consumption without the need for further washing, such as at a buffet.
- (4) Other food presented for consumption for which further washing or cooking is not required and from which rinds, peels, husks, or shells are removed.
- Section 66 “Reduced Oxygen Packaging” Defined
- (a) “Reduced oxygen packaging” means the following:
- (1) The reduction of the amount of oxygen in a package by:
- (A) removing oxygen;
- (B) displacing oxygen and replacing it with another gas or combination of gases; or
- (C) votherwise controlling the oxygen content to a level below that normally found in the surrounding twenty-one percent (21%) oxygen atmosphere.
- (2) A process as specified in subdivision one (1) that involves a food for which Clostridium botulinum is identified as a microbiological hazard in the final packaged form.
- (b) The term includes the following:
- (1) Vacuum packaging in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package, such as sous vide.
- (2) Modified atmosphere packaging in which the atmosphere of a package of food is modified so that its composition is different from air but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes any of the following:
- (A) Reduction in the proportion of oxygen.
- (B) Total replacement of oxygen.
- (C) An increase in the proportion of other gases, such as carbon dioxide or nitrogen.
- (3) Controlled atmosphere packaging in which the atmosphere of a package of food is modified so that until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained, such as by using oxygen scavengers or a combination of total replacement of oxygen, nonrespiring food, and impermeable packaging material.
- Section 67 “Refuse” Defined
- “Refuse” means solid waste not carried by water through the sewage system.
- Section 68 “Regulatory Authority” Defined
- “Regulatory Authority” means the local, state, or federal enforcement body or authorized representative having jurisdiction over a retail food establishment.
- Section 69 “Restricted Use Pesticide” Defined
- “Restricted use pesticide” has the same meaning as when defined in law and Chapters of the Office of the Indiana State Chemist.
- Section 70 “Retail Food Establishment” Defined
- (a) “Retail food establishment” means an operation that:
- (1) stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, such as:
- (A) a restaurant;
- (B) satellite or catered feeding location;
- (C) a catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people;
- (D) a market;
- (E) a grocery store;
- (F) a convenience store;
- (G) a vending location;
- (H) a conveyance used to transport people;
- (I) an institution; or
- (J) a food bank; and
- (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) The term includes the following:
- (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 Officer.
- (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) The term does not include the following:
- (1) An establishment that offers only prepackaged foods that are not potentially hazardous.
- (2) A produce stand that only offers whole, uncut fresh fruits and vegetables.
- (3) A food processing plant operated under IC 16-42-5.
- (4) A private home where food is prepared by a member of an organization that is operating under IC 16-42-5-4.
- (5) An area where food that is prepared as specified in subdivision (4) is sold or offered for human consumption.
- (6) A bed and breakfast establishment as defined and regulated under IC 16-41-31 and 410 IAC 7-15.5.
- (7) A private home that receives catered or home-delivered food.
- (8) A private home which provides childcare and is not subject to IC 12-13-5.
- (9) A private home.
- Section 71 “Safe Material” Defined
- “Safe material” means:
- (1) an article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food;
- (2) an additive that is used as specified in Section 409 or 706 of the federal Food, Drug, and Cosmetic Act; or
- (3) other materials that are not food or color additives and that are used in conformity with applicable regulations of the Food and Drug Administration.
- Section 72 “Sanitization” Defined
- “Sanitization” means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five (5) logs, which is equal to a ninety-nine and nine hundred ninety-nine thousandths percent (99.999%) reduction, of representative disease micro-organisms of public health importance.
- Section 73 “Sealed” Defined
- “Sealed” means free of cracks or other openings that allow the entry or passage of moisture.
- Section 74 “Service Animal” Defined
- “Service animal” means a professionally trained animal, such as a guide dog, signal dog, or other animal that provides assistance to an individual with a disability.
- Section 75 “Servicing Area” Defined
- “Servicing area” means an operating base location to which a mobile retail food establishment or transportation vehicle returns at least once each day for such functions as:
- (1) vehicle and equipment cleaning;
- (2) discharging liquid or solid wastes;
- (3) refilling water tanks and ice bins; and
- (4) boarding food.
- Section 76 “Sewage” Defined
- “Sewage” means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.
- Section 77 “Shellfish Control Authority” Defined
- “Shellfish control authority” means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce.
- Section 78 “Shellstock” Defined
- “Shellstock” means raw, in-shell molluscan shellfish.
- Section 79 “Shucked Shellfish” Defined
- “Shucked shellfish” means molluscan shellfish that have one (1) or both shells removed.
- Section 80 “Single-Service Articles” Defined
- “Single-service articles” means tableware, carry-out utensils, and other items, such as:
- (1) bags;
- (2) containers;
- (3) placemats;
- (4) stirrers;
- (5) straws;
- (6) toothpicks; and
- (7) wrappers;
- that are designed and constructed for one (1) time, one (1) person use after which they are intended for discard.
- Section 81 “Single-Use articles” Defined
- (a) “Single-use articles” means utensils and bulk food containers designed and constructed to be used once and discarded.
- (b) The term includes items, such as:
- (1) wax paper;
- (2) butcher paper;
- (3) plastic wrap;
- (4) formed aluminum food containers;
- (5) jars;
- (6) plastic tubs or buckets;
- (7) bread wrappers;
- (8) pickle barrels;
- (9) ketchup bottles; and
- (10) number ten (10) cans;
- that do not meet the materials, durability, strength, and cleanability specifications under sections 184, 196, and 198 of this Chapter for multi-use utensils.
- Section 82 “Slacking” Defined
- “Slacking” means the process of moderating the temperature of a food, such as allowing a food to gradually increase from a temperature of minus ten (10) degrees Fahrenheit to twenty-five (25) degrees Fahrenheit in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food, such as kale.
- Section 83 “Smooth” Defined
- “Smooth” means the following:
- (1) A food-contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of one hundred (100) grit number three (3) stainless steel.
- (2) A nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale.
- (3) A floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean.
- Section 84 “Table-Mounted equipment” Defined
- “Table-mounted equipment” means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.
- Section 85 “Tableware” Defined
- “Tableware” means:
- (1) eating, drinking, and serving utensils for table use, such as flatware, including:
- (A) forks;
- (B) knives; and
- (C) spoons;
- (2) hollowware including:
- (A) bowls:
- (B) cups;
- (C) serving dishes; and
- (D) tumblers; and
- (3) plates.
- Section 86 “Temperature Measuring Device” Defined
- “Temperature measuring device” means:
- (1) a thermometer;
- (2) a thermocouple;
- (3) a thermistor; or
- (4) other device;
- that indicates the temperature of food, air, or water.
- Section 87 “Temporary Food Establishment” Defined
- “Temporary food establishment” means a retail food establishment that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single event or celebration.
- Section 88 “USDA” Defined
- “USDA” means the United States Department of Agriculture.
- Section 89 “Utensil” Defined
- “Utensil” means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as:
- (1) kitchenware or tableware that is multi-use, single-service, or single-use;
- (2) gloves used in contact with food;
- (3) food temperature measuring devices; and
- (4) probe-type price or identification tags used in contact with food.
- Section 90 “Vending Machine” Defined
- “Vending machine” means a self-service device that, upon activation, such as through the insertion of a coin, paper currency, token, card, key, or by optional manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.
- Section 91 “Vending Machine Location” Defined
- “Vending machine location” means the room, enclosure, space, or area where one (1) or more vending machines are installed and operated and includes the storage areas and areas on the premises that are used to service and maintain the vending machines.
- Section 92 “Warewashing” Defined
- “Warewashing” means the cleaning and sanitizing of food-contact surfaces of equipment and utensils.
- Section 93 “Whole-Muscle, Intact Beef” Defined
- “Whole-muscle, intact beef” means whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut.
MANAGEMENT AND PERSONNEL
| SUPERVISION |
Sections 94-96 |
Item #01 |
- Section 94 Assignment of Supervision Responsibility
- The retail food establishment shall have a person-in-charge present at the retail food establishment during all hours of operation.
- Section 95 Foodborne Illness Prevention Training
- (a) Each retail food establishment shall provide foodborne illness prevention training to at least one (1) employee who has a primary oversight responsibility for food safety at the establishment.
- (b) The foodborne illness prevention training shall include at least the following areas of knowledge as those are applicable to the operations conducted at the establishment:
- (1) The relationship between the prevention of foodborne disease and the personal hygiene of a food employee.
- (2) Responsibility of the person-in-charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease.
- (3) Symptoms associated with the diseases that are transmissible through food.
- (4) The significance of the relationship between maintaining the time and temperature of potentially hazardous food and the prevention of foodborne illness.
- (5) Hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish.
- (6) Required food temperatures and times for safe cooking of potentially hazardous food, including meat, poultry, eggs, and fish.
- (7) Required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of potentially hazardous food.
- (8) The relationship between the prevention of foodborne illness and the management and control of the following:
- (A) Cross contamination.
- (B) Hand contact with ready-to-eat foods.
- (C) Handwashing.
- (D) Maintaining the retail food establishment in a clean condition and in good repair.
- (9) The relationship between food safety and providing equipment that is:
- (A) sufficient in number and capacity; and
- (B) properly designed, constructed, located, installed, operated, maintained, and cleaned.
- (10) The correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment.
- (11) Water source identification and measures taken to ensure that it remains protected from contamination, such as providing protection from backflow and precluding the creation of cross connections.
- (12) Poisonous or toxic materials identification in the retail food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to law.
- (13) Critical control points in the operation from purchasing through sale or service, that when not controlled may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of this Chapter.
- (14) Details of how the person-in-charge and food employees comply with the HACCP plan if a plan is required by law, this Chapter, or an agreement between the Health Officer and the establishment.
- (15) Responsibilities, rights, and authorities assigned by this Chapter to the following:
- (A) Food employee.
- (B) Person-in-charge.
- (C) Health Officer.
- (c) From one (1) year beyond the effective date of this Chapter, the retail food establishment shall maintain at least one (1) copy of this Chapter on the premises at all times. Immediate electronic access to this Chapter shall be considered acceptable in meeting this requirement.
- Section 96 Duties of the Person-in-Charge
- When applicable, the person-in-charge of the retail food establishment shall ensure the following:
- (1) Retail food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under section 382 of this Chapter.
- (2) Persons unnecessary to the retail food establishment operation are not allowed in the food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person-in-charge if steps are taken to ensure that:
- (A) exposed food;
- (B) clean equipment, utensils, and linens; and
- (C) unwrapped single-service and single-use articles;
- are protected from contamination.
- (3) Employees and other persons, such as delivery and maintenance persons and pesticide applicators, entering the food preparation, food storage, and warewashing areas comply with this Chapter.
- (4) Employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing.
- (5) Employees are visibly observing foods as they are received to determine that they are:
- (A) from approved sources;
- (B) delivered at the required temperatures;
- (C) protected from contamination;
- (D) unadulterated; and
- (E) accurately presented;
- by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt.
- (6) Employees are properly cooking potentially hazardous food, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under sections 206 and 260 of this Chapter.
- (7) Employees are using proper methods to rapidly cool potentially hazardous foods that are not held hot or are not for consumption within four (4) hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling.
- (8) Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed as specified under section 181 of this Chapter that the food is not cooked sufficiently to ensure its safety.
- (9) Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing.
- (10) Consumers are notified that clean tableware is to be used when they return to self-service areas, such as salad bars and buffets as specified under section 150 of this Chapter.
- (11) Employees are preventing cross contamination of ready-to-eat food from unwashed hands and are properly using suitable utensils, such as:
- (A) deli tissue;
- (B) spatulas;
- (C) tongs;
- (D) single-use gloves; or
- (E) dispensing equipment;
- when such items can be used.
- (12) Employees are properly trained in food safety as it relates to their assigned duties.
| EMPLOYEE HEALTH |
Sections 97-104 |
Item #02 |
- Section 97 Responsibility to Require Reporting by Food Employees and Applicants
- The retail food establishment shall require food employee applicants to whom a conditional offer of employment is made and food employees to report to the person-in-charge, information about their health and activities as they relate to diseases that are transmissible through food. A food employee or applicant shall report the information in a manner that allows the person-in-charge to prevent the likelihood of foodborne disease transmission, including the date of onset of jaundice or of an illness specified under subdivision (3), if the food employee or applicant:
- (1) is diagnosed with an illness due to:
- (A) Salmonella typhi;
- (B) Salmonella spp.;
- (C) Shigella spp.;
- (D) Escherichia coli O157:H7; or
- (E) Hepatitis A virus;
- (2) has a symptom caused by illness, infection, or other source that is:
- (A) associated with an acute gastrointestinal illness, such as:
- (i) diarrhea;
- (ii) fever;
- (iii) vomiting;
- (iv) jaundice; or
- (v) sore throat with fever;
- (B) a lesion containing pus, such as a boil or infected wound that is open or draining and is:
- (i) on the hands or wrists unless an impermeable cover, such as a finger cot or stall protects the lesion and a single-use glove is worn over the impermeable cover;
- (ii) on exposed portions of the arms unless the lesion is protected by an impermeable cover; or
- (iii) on other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage;
- (3) had a past illness from an infectious agent specified under subdivision (1); or
- (4) meets one (1) or more of the following high-risk conditions, such as:
- (A) is suspected of causing, or being exposed to, a confirmed disease outbreak caused by Salmonella typhi, Salmonella spp., Shigella spp., Escherichia coli O157:H7, or hepatitis A virus because the food employee or applicant:
- (i) prepared food implicated in the outbreak;
- (ii) consumed food implicated in the outbreak; or
- (iii) consumed food at the event prepared by a person who is infected or ill with the infectious agent that caused the outbreak or who is suspected of being a shedder of the infectious agent; or
- (B) lives in the same household as a person who is diagnosed with a disease caused by Salmonella typhi, Salmonella spp., Shigella spp., Escherichia coli O157:H7, or hepatitis A virus.
- Section 98 Exclusions and Restrictions
- The person-in-charge shall do the following:
- (1) Exclude a food employee from a retail food establishment if the food employee is diagnosed with an infectious agent specified under section 97(1) of this Chapter.
- (2) Except as specified under subdivisions (3) or (4), restrict a food employee from working with exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles; in a retail food establishment if the food employee is:
- (A) suffering from a symptom specified under section 97(2) of this Chapter; or
- (B) not experiencing a symptom of acute gastroenteritis specified under section 97(2)(A) of this Chapter but has a stool that yields a specimen culture that is positive for Salmonella typhi, Salmonella spp., Shigella spp., or Escherichia coli O157:H7.
- (3) If the population served is a highly susceptible population, exclude a food employee who:
- (A) is experiencing a symptom of acute gastrointestinal illness specified under section 97(2)(A) of this Chapter and meets a high-risk condition specified under section 97(4) of this Chapter;
- (B) is not experiencing a symptom of acute gastroenteritis specified under section 97(2)(A) of this Chapter but has a stool that yields a specimen culture that is positive for Salmonella typhi, Salmonella spp., Shigella spp., or Escherichia coli O157:H7;
- (C) had a past illness from Salmonella typhi without three (3) successive negative stool cultures; or
- (D) had a past illness from Salmonella spp., Shigella spp., or Escherichia coli O157:H7 without two (2) successive negative stool cultures.
- (4) For a food employee who is jaundiced, if the onset of jaundice occurred within the last seven (7) calendar days, exclude the food employee from the food establishment.
- Section 99 Removal of Exclusions and Restrictions
- (a) The person-in-charge may remove an exclusion specified under section 98(1) of this Chapter if:
- (1) the person-in-charge obtains approval from the Health Officer; and
- (2) the person excluded as specified under section 98(1) of this Chapter provides to the person-in-charge written medical documentation from a physician licensed to practice medicine, a nurse practitioner, or a physician assistant that specifies that the excluded person may work in an unrestricted capacity in a retail food establishment, including an establishment that serves a highly susceptible population, because the person is free of the infectious agent of concern as specified in section 104 of this Chapter.
- (b) The person-in-charge may remove a restriction specified under:
- (1) section 98(2)(A) of this Chapter if the restricted person:
- (A) is free of the symptoms specified under section 98(2) of this Chapter and no foodborne illness occurs that may have been caused by the restricted person;
- (B) is suspected of causing foodborne illness but:
- (i) is free of the symptoms specified under section 98(2) of this Chapter; and
- (ii) provides written medical documentation from a physician licensed to practice medicine, a nurse practitioner, or a physician assistant stating that the restricted person is free of the infectious agent that is suspected of causing the person's symptoms or causing foodborne illness as specified in section 104 of this Chapter; or
- (C) provides written medical documentation from a physician licensed to practice medicine, a nurse practitioner, or physician assistant stating that the symptoms experienced result from a chronic noninfectious condition, such as Crohn's disease, irritable bowel syndrome, or ulcerative colitis; or
- (2) section 98(2)(B) of this Chapter if the restricted person provides written medical documentation from a physician licensed to practice medicine, a nurse practitioner, or physician assistant according to the criteria specified in section 104 of this Chapter that indicates the stools are free of Salmonella typhi, Salmonella spp., Shigella spp., or Escherichia coli O157:H7, whichever is the infectious agent of concern.
- (c) The person-in-charge may remove an exclusion specified under section 98(3) of this Chapter if the excluded person provides written medical documentation from a physician licensed to practice medicine, a nurse practitioner, or physician assistant:
- (1) who specifies that the person is free of:
- (A) the infectious agent of concern as specified in section 104 of this Chapter; or
- (B) jaundice as specified under subsection (d) of this Chapter if hepatitis A virus is the infectious agent of concern; or
- (2) if the person is excluded under section 98(3)(A), stating that the symptoms experienced result from a chronic noninfectious condition, such as Crohn's disease, irritable bowel syndrome, or ulcerative colitis.
- (d) The person-in-charge may remove an exclusion specified under section 98(4)(A) of this Chapter if:
- (1) at least seven (7) days have passed since the onset of jaundice; or
- (2) at least fourteen (14) days have passed since the onset of symptoms if no jaundice occurred.
- Section 100 Responsibility of a Food Employee or an Applicant to Report to the Person-in-Charge
- A food employee or a person who applies for a job as a food employee shall do the following:
- (1) In a manner specified under section 97 of this Chapter, report to the person-in-charge the information specified under section 97 of this Chapter.
- (2) Comply with exclusions and restrictions that are specified under section 98 of this Chapter.
- Section 101 Obtaining Information: Personal History of Illness, Medical Examination, and Specimen Analysis
- (a) The Health Officer shall act when it has reasonable cause to believe that a food employee:
- (1) has possibly transmitted disease;
- (2) may be infected with a disease in a communicable form that is transmissible through food;
- (3) may be a carrier of infectious agents that cause a disease that is transmissible through food; or
- (4) is affected with:
- (A) a boil;
- (B) an infected wound; or
- (C) an acute respiratory infection.
- (b) The Health Officer shall act to secure a confidential medical history of the food employee suspected of transmitting disease or making other investigations as deemed appropriate. The Health Officer shall also require appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected food employee and other employees.
- Section 102 Health Officer Restriction or Exclusion of Food Employee
- Based on the findings of an investigation related to a food employee who is suspected of being infected or diseased, the Health Officer may issue an order to the suspected employee or retail food establishment instituting one (1) or more of the following control measures:
- (1) Restricting the employee's services to specific areas and tasks in a retail food establishment that present no risk of transmitting the disease.
- (2) Excluding the employee from a retail food establishment.
- (3) Closing the retail food establishment in accordance with law.
- Section 103 Restriction or Exclusion Order
- Based on the findings of the investigation as specified in section 101 of this Chapter and to control disease transmission, the Health Officer may issue an order of restriction or exclusion to a suspected food employee or the retail food establishment without prior warning, notice of a hearing, or a hearing if the order states the following:
- (1) The reasons for the restriction or exclusion that is ordered.
- (2) The evidence that the food employee or retail food establishment shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated.
- (3) That the suspected food employee or the retail food establishment may request an appeal hearing by submitting a timely request as provided in law.
- (4) The name and address of the Health Officer representative to whom a request for an appeal hearing may be made.
- Section 104 Release of a Food Employee From Restriction or Exclusion
- The Health Officer shall release a food employee from restriction or exclusion according to following conditions:
- (1) If the employee's stools are negative for Salmonella typhi based on testing of at least three (3) consecutive stool specimen cultures that are taken:
- (A) not earlier than one (1) month after onset;
- (B) at least forty-eight (48) hours after discontinuance of antibiotics; and
- (C) at least twenty-four (24) hours apart.
- (2) If one (1) of the cultures taken as specified in subdivision (1) is positive, repeat cultures are taken at intervals of one (1) month until at least three (3) consecutive negative stool specimen cultures are obtained.
- (3) If the employee's stools are negative for Salmonella spp., Shigella spp. or Escherichia coli O157:H7 based on testing of two (2) consecutive stool specimen cultures that are taken:
- (A) not earlier than forty-eight (48) hours after discontinuance of antibiotics; and
- (B) at least twenty-four (24) hours apart.
- (4) For a food employee who was infected with hepatitis A virus if:
- (A) at least seven (7) days have passed since the onset of jaundice;
- (B) at least fourteen (14) days have passed since the onset of symptoms, if no jaundice occurred; or
- (C) at least two (2) blood tests show falling liver enzymes.
| PERSONAL CLEANLINESS |
Section 105-112 |
Item #03 |
- Section 105 Personal Cleanliness
- Food employees shall keep their hands and exposed portions of their arms clean.
- Section 106 Hand Cleaning and Drying Procedure S
- (a) Food employees shall clean their hands and exposed portions of their arms with a cleaning compound in a lavatory that is equipped as specified under section 303 (a) of this Chapter by vigorously rubbing together the surfaces of their lathered hands and arms for at least twenty (20) seconds and thoroughly rinsing with clean water. Employees shall pay particular attention to the areas underneath the fingernails and between the fingers. A nail brush shall be used when provided.
- (b) If approved and capable of removing the types of soils encountered in the food operations involved, an automatic handwashing facility may be used by food employees to clean their hands.
- (c) Food employees, when drying their hands, shall utilize the provisions under section 385 of this Chapter. The use of a common towel is prohibited.
- Section 107 When to Wash Hands S
- Food employees shall clean their hands and exposed portions of their arms as specified under section 106 immediately before engaging in food preparation, including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles and the following:
- (1) After touching bare human body parts other than clean hands and clean, exposed portions of arms.
- (2) After using the toilet room.
- (3) After caring for or handling service animals or aquatic animals as specified in section 116(b) of this Chapter.
- (4) After coughing, sneezing, or using a handkerchief or disposable tissue.
- (5) After drinking, other than as specified in section 113(b) of this Chapter, using tobacco, or eating.
- (6) After handling soiled surfaces, equipment, or utensils.
- (7) During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks.
- (8) When switching between working with raw food and working with ready-to-eat food.
- (9) Directly before touching ready-to-eat food or food-contact surfaces.
- (10) After engaging in other activities that contaminate the hands.
- Section 108 Where to Wash Hands
- Food employees shall clean their hands in a handwashing lavatory or approved automatic handwashing facility and may not clean their hands in a sink used for food preparation, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.
- Section 109 Hand Sanitizers
- (a) A hand sanitizer and a chemical hand sanitizing solution used as a hand dip shall:
- (1) have active antimicrobial ingredients that are safe and effective for application to human skin;
- (2) have components that are:
- (A) regulated for the intended use as food additives as specified in 21 CFR 178;
- (B) generally recognized as safe (GRAS) for the intended use in contact with food within the meaning of section 201(s) of the federal Food, Drug, and Cosmetic Act; or
- (C) exempted from the requirement of being listed in the federal food additive regulations as specified in 21 CFR 170.39; and
- (3) be applied only to hands that are cleaned as specified under section 106 of this Chapter.
- (b) If a hand sanitizer or a chemical hand sanitizing solution used as a hand dip does not meet the criteria specified under subsection (a)(2), use shall be:
- (1) followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves; or
- (2) limited to situations that involve no direct contact with food by the bare hands.
- (c) A chemical hand sanitizing solution used as a hand dip shall be maintained clean and at a strength equivalent to at least one hundred (100) ppm chlorine.
- Section 110 Fingernail Maintenance
- (a) Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.
- (b) Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or artificial fingernails while working with exposed food.
- Section 111 Jewelry Prohibition
- While preparing food, employees may not wear jewelry on their arms and hands. This section does not apply to a plain ring, such as a wedding band.
- Section 112 Clean Condition of Outer Clothing
- Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.
| HYGIENIC PRACTICES |
Sections 113-116 |
Item #04 |
- Section 113 Eating, Drinking, or Using Tobacco S
- (a) Except as specified in subsection (b), an employee shall eat, drink, or use any form of tobacco only in designated areas where the contamination of:
- (1) exposed food;
- (2) clean equipment, utensils, and linens;
- (3) unwrapped single-service and single-use articles; or
- (4) other items needing protection;
- cannot result.
- (b) A food employee may drink from a closed beverage container if the container is handled in a manner that prevents contamination of the following:
- (1) The employee's hands.
- (2) The container.
- (3) Exposed food.
- (4) Clean equipment, utensils, and linens.
- (5) Unwrapped single-service and single-use articles.
- Section 114 Discharges from the Eyes, Nose, and Mouth S
- Food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with the following:
- (1) Exposed food.
- (2) Clean equipment, utensils, and linens.
- (3) Unwrapped single-service or single-use articles.
- Section 115 Effectiveness of Hair Restraint
- (a) Except as provided in subsection (b), food employees shall wear hair restraints, such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that are designed and worn to effectively keep their hair from contacting:
- (1) exposed food;
- (2) clean equipment, utensils, and linens; and
- (3) unwrapped single-service and single-use articles.
- (b) This section does not apply to food employees, such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating:
- (1) exposed food;
- (2) clean equipment, utensils, and linens; and
- (3) unwrapped single-service and single-use articles.
- Section 116 Animal Handling Prohibited S
- (a) Except as specified in subsection (b), food employees may not care for or handle animals that may be present, such as patrol dogs, service animals, or pets that are allowed as specified in section 406(b)(2) through 406(b)(5) of this Chapter.
- (b) Food employees with service animals may handle or care for their service animals and food employees may handle or care for fish in aquariums or molluscan shellfish or crustacea in display tanks if they wash their hands as specified under sections 106 and 107(3) of this Chapter.
| CHARACTERISTICS |
Section 117 |
Item #05 |
- Section 117 Food Condition
- (a) Food shall be safe, unadulterated, and, as specified under section 179 of this Chapter, honestly presented.
- (b) Food shall not be misbranded.
| SOURCES/SPECIFICATIONS/ORIGINAL CONTAINER/RECORDS |
Sections 118-135 |
Item #06 |
- Section 118 Food Sources
- (a) Food shall be obtained from sources that comply with law.
- (b) Food prepared in a private home may not be used or offered for human consumption in a retail food establishment.
- (c) Packaged food shall be labeled as specified:
- (1) in law, including IC 16-42-1, IC 16-41-2, 21 CFR 101, 9 CFR 317, 9 CFR 381 Subpart N; and
- (2) under sections 131 and 132 of this Chapter. S
- (d) Fish, other than molluscan shellfish, that are intended for consumption in their raw form and allowed as specified in section 161(d) of this Chapter may be offered for sale or service if they are:
- (1) obtained from a supplier that freezes the fish as specified under section 164 of this Chapter; or
- (2) frozen on the premises as specified under section 164 of this Chapter; and
- records are retained as specified under section 165 of this Chapter.
- (e) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in section 161(c) of this Chapter shall be:
- (1) obtained from a food processing plant that packages the steaks and labels them to indicate that they meet the definition of whole-muscle, intact beef; or
- (2) if individually cut in a retail food establishment:
- (A) cut from whole-muscle, intact beef that is labeled by a food processing plant to indicate that the beef meets the definition of whole-muscle, intact beef;
- (B) prepared so they remain intact; and
- (C) if packaged for undercooking in a retail food establishment, labeled to indicate that they meet the definition of whole-muscle, intact beef.
- (f) Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption, shall be labeled to include safe handling instructions as specified in law, including 9 CFR 317.2(l) and 9 CFR 381.125(b).
- Section 119 Food in a Hermetically Sealed Container
- Food in a hermetically sealed container shall be obtained:
- (1) from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant; or
- (2) from a retail food establishment which meets all applicable state or federal requirements for food processing.
- Section 120 Fluid Milk and Milk Products
- Fluid milk and milk products shall be obtained from sources that comply with Grade A Standards as specified in law.
- Section 121 Fish
- Fish that are received for sale or service shall be:
- (1) commercially and legally produced, caught, or harvested; or
- (2) approved by the department for sale or service.
- Section 122 Molluscan Shellfish
- (a) Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.
- (b) Molluscan shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List.
- (c) Molluscan shellfish that are recreationally caught may not be received for sale or service.
- Section 123 Wild Mushrooms
- (a) Except as specified in subsection (b), mushroom species picked in the wild shall be obtained from sources where each mushroom is individually inspected and found to be safe by a mushroom identification expert.
- (b) This section does not apply to the following:
- (1) Cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the food regulatory agency that has jurisdiction over the operation.
- (2) Wild mushroom species if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.
- Section 124 Game Animals
- If game animals are received for sale or service they shall be slaughtered and processed under a state or federal inspection program with requirements that are at least equal to IC 15-2.1-24.
- Section 125 Specifications for Receiving Temperatures of Food
- (a) Except as specified in subsection (b), refrigerated, potentially hazardous food shall be at a temperature of forty-one (41) degrees Fahrenheit or below when received.
- (b) If a temperature other than forty-one (41) degrees Fahrenheit for a potentially hazardous food is specified in law governing its distribution, such as laws governing milk, molluscan shellfish, and shell eggs, the food may be received at the specified temperature.
- (c) Potentially hazardous food that is cooked to a temperature and for a time specified under sections 161 through 163 of this Chapter and received hot shall be at a temperature of one hundred forty (140) degrees Fahrenheit or above.
- (d) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen.
- (e) Upon receipt, potentially hazardous food shall be free of evidence of previous temperature abuse.
- Section 126 Food Additives
- Food may not contain unapproved food additives or additives that exceed amounts specified in 21 CFR 170 through 21 CFR 180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR 181 through 21 CFR 186, substances that exceed amounts specified in 9 CFR 318.7, or pesticide residues that exceed provisions specified in 40 CFR 185.
- Section 127 Shell Eggs
- Shell eggs shall be received clean and sound and may not exceed the restricted egg tolerances for United States Consumer Grade B as specified in 7 CFR 56, 9 CFR 590, United States Standards, Grades, and Weight classes for Shell Eggs (AMS 56.200 et seq.), and 370 IAC.
- Section 128 Eggs and Milk Products, Pasteurized
- (a) Liquid, frozen, and dry eggs and egg products shall be pasteurized.
- (b) Fluid and dry milk and milk products complying with Grade A Standards as specified in law shall be obtained pasteurized.
- (c) Frozen milk products, such as ice cream, shall be pasteurized as specified in 21 CFR 135.
- (d) Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in 21 CFR 133.
- Section 129 Packaging Integrity
- 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.
- Section 130 Ice
- Ice for use as a food or a cooling medium shall be made from drinking water.
- Section 131 Shucked Shellfish, Packaging and Identification
- Raw shucked shellfish shall be obtained in nonreturnable packages that bear a legible label that identifies the:
- (1) name, address, and certification number of the shucker-packer or repacker of the molluscan shellfish; and
- (2) the “sell by” date for packages with a capacity of less than one-half (1/2) gallon or the date shucked for packages with a capacity of one-half (1/2) gallon or more.
- Section 132 Shellstock Identification S
- (a) Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, and that list the following:
- (1) Except as specified under subsection (b), on the harvester's tag or label, the following information in the following order:
- (A) The harvester's identification number that is assigned by the shellfish control authority.
- (B) The date of harvesting.
- (C) The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the shellfish control authority and including the abbreviation of the name of the state or country in which the shellfish are harvested.
- (D) The type and quantity of shellfish.
- (E) The following statement in bold, capitalized type: “This tag is required to be attached until container is empty or retagged and thereafter kept on file for ninety (90) days.”.
- (2) Except as specified in subsection (c), on each dealer's tag or label, the following information in the following order:
- (A) The dealer's name and address, and the certification number assigned by the shellfish control authority.
- (B) The original shipper's certification number, including the abbreviation of the name of the state or country in which the shellfish are harvested.
- (C) The same information as specified for a harvester's tag under subdivision (1)(B) through (1)(D).
- (D) The following statement in bold, capitalized type: “This tag is required to be attached until container is empty and thereafter kept on file for ninety (90) days.”.
- (b) If a place is provided on the harvester's tag or label for a dealer's name, address, and certification number, the dealer's information shall be listed first.
- (c) If the harvester's tag or label is designed to accommodate each dealer's identification as specified under subsections (a)(2)(A) and (a)(2)(B), individual dealer tags or labels need not be provided.
- Section 133 Shellstock Condition
- When received by a retail food establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded.
- Section 134 Molluscan Shellfish Original Container
- (a) Except as specified in subsections (b) and (c), molluscan shellfish shall not be removed from the container in which they are received other than immediately before sale or preparation for service.
- (b) Shellstock may be removed from the container in which they are received, displayed on drained ice, or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:
- (1) the source of the shellstock on display is identified as specified under section 132 of this Chapter and recorded as specified under section 135 of this Chapter; and
- (2) the shellstock are protected from contamination.
- (c) Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer's request if:
- (1) the labeling information for the shellfish on display as specified under section 131 of this Chapter is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and
- (2) the shellfish are protected from contamination.
- Section 135 Shellstock, Maintaining Identification S
- (a) Except as specified under subsection (b)(2), shellstock tags shall remain attached to the container in which the shellstock are received until the container is empty.
- (b) The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for ninety (90) calendar days from the date the container is emptied by:
- (1) using a record keeping system that keeps the tags or labels in chronological order correlated to the date when, or dates during which, the shellstock are sold or served; and
- (2) using only one (1) tagged or labeled container at a time if shellstock are removed from their tagged or labeled container.
| PROTECTION FROM CONTAMINATION AFTER RECEIVING |
Sections 136-160 |
Item #07 |
- Section 136 Preventing Contamination from Hands
- (a) Food employees shall wash their hands as specified under section 106 of this Chapter.
- (b) Food employees shall not contact exposed, ready-to-eat food with hands that have not been washed as specified in sections 107 and 108 of this Chapter, and shall use suitable utensils, such as:
- (1) deli tissue;
- (2) spatulas;
- (3) tongs;
- (4) single-use gloves; or
- (5) dispensing equipment;
- when utensils can be used.
- (c) Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form. S
- Section 137 Preventing Contamination When Tasting S
- A food employee may not reuse a utensil once it has been used to taste food that is to be sold or served.
- Section 138 Packaged and Unpackaged Food; Separation, Packaging, and Segregation S
- (a) Food shall be protected from cross contamination by the following:
- (1) Separating raw animal foods during storage, preparation, holding, and display from:
- (A) raw ready-to-eat food, including other raw animal food, such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food, such as vegetables; and
- (B) cooked ready-to-eat food.
- (2) 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:
- (A) using separate equipment for each type, or arranging each type of food in equipment so that cross contamination of one (1) type with another is prevented; and
- (B) preparing each type of food at different times or in separate areas.
- (3) Cleaning equipment and utensils as specified under section 265(a) of this Chapter and sanitizing as specified under section 276 of this Chapter.
- (4) Except as specified in subsection (b), storing the food in packages, covered containers, or wrappings.
- (5) Cleaning hermetically sealed containers of food of visible soil before opening.
- (6) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened.
- (7) Storing damaged, spoiled, or recalled food being held in the retail food establishment as specified under section 394 of this Chapter.
- (8) Separating fruits and vegetables, before they are washed, as specified under section 142 of this Chapter from ready-to-eat food.
- (b) Subsection (a)(4) does not apply to:
- (1) whole, uncut raw fruits and vegetables and nuts in the shell that require peeling or hulling before consumption;
- (2) primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;
- (3) whole, uncut, processed meats, such as country hams and smoked or cured sausages that are placed on clean, sanitized racks;
- (4) food being cooled as specified under section 172(b)(2) of this Chapter; or
- (5) shellstock.
- Section 139 Food Storage Containers Identified with Common Name of Food
- Working containers holding food or food ingredients that are removed from their original packages for use in the retail food establishment, such as:
- (1) cooking oils;
- (2) flour;
- (3) herbs;
- (4) potato flakes;
- (5) salt;
- (6) spices; and
- (7) sugar;
- shall be identified with the common name of the food, except that containers holding food that can be readily and unmistakably recognized, such as dry pasta need not be identified.
- Section 140 Pasteurized Eggs; Substitute for Raw Shell Eggs for Certain Recipes
- Pasteurized eggs or egg products shall be substituted for raw shell eggs in the preparation of foods, such as caesar salad, hollandaise or béarnaise sauce, mayonnaise, and egg-fortified beverages that are not:
- (1) cooked as specified under section 161(a)(1) or 161(a)(2) of this Chapter; or
- (2) included in section 161(d) of this Chapter.
- Section 141 Protection from Unapproved Food or Color Additives
- (a) Food shall be protected from contamination that may result from the addition of:
- (1) unsafe or unapproved food or color additives; and
- (2) unsafe or unapproved levels of approved food and color additives.
- (b) A food employee may not:
- (1) 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
- (2) serve or sell food specified under subdivision (1) that is treated with sulfating agents before receipt by the retail food establishment, except that grapes need not meet this subdivision.
- Section 142 Washing Fruits and Vegetables
- (a) Raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form, except:
- (1) as specified in subsection (b); and
- (2) that whole, raw fruits and vegetables that are intended for washing by the consumer before consumption need not be washed before they are sold.
- (b) Fruits and vegetables may be washed by using chemicals as specified under section 414 of this Chapter.
- (c) Washing and preparing raw fruits and vegetables shall be conducted in an approved manner that will prevent cross-contamination with other types of foods, as specified in section 138, and with food contact surfaces that have not been sanitized, as specified in section 265. The Health Officer may determine during the plan review process that elements of a retail food establishment's operations, as described in Article 3, require the installation of a separate sink and drainboard for cleaning and preparation of fruits and vegetables.
- Section 143 Ice Used as Exterior Coolant; Prohibited as Ingredient
- After use as a medium for cooling the exterior surfaces of:
- (1) food, such as melons or fish;
- (2) packaged foods, such as canned beverages; or
- (3) cooling coils and tubes of equipment;
- ice may not be used as food.
- Section 144 Storage or Display of Food in Contact with Water or Ice
- (a) 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.
- (b) Except as specified in subsections (c) and (d), unpackaged food may not be stored in direct contact with undrained ice.
- (c) Whole, raw fruits or vegetables; cut, raw vegetables, such as celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or water.
- (d) Raw chicken and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.
- Section 145 Food Contact with Equipment and Utensils S
- Food shall only contact surfaces of equipment and ut