[32 Pa.B. 1046]
[Continued from previous Web Page]
TEMPERATURE AND TIME CONTROL FOR LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC HEALTH CONCERN § 46.381. Stored frozen food.
Stored frozen foods shall be maintained frozen.
§ 46.382. Potentially hazardous food: slacking.
Frozen potentially hazardous food that is slacked to moderate the temperature shall be held at one of the following:
(1) Under refrigeration that maintains the food temperature at 5°C (41°F) or less, or at 7°C (45°F) or less as specified in § 46.385(a)(3) (relating to potentially hazardous food: hot and cold holding).
(2) At any temperature if the food remains frozen.
§ 46.383. Potentially hazardous food: thawing.
Except as specified in paragraph (4), potentially hazardous food shall be thawed by one of the procedures that follow:
(1) Under refrigeration that maintains the food temperature at 5°C (41°F) or less, or at 7°C (45°F) or less as specified in § 46.385(a)(3) (relating to potentially hazardous food: hot and cold holding).
(2) Completely submerged under running water at a water temperature of 21°C (70°F) or below; with sufficient water velocity to agitate and float off loose particles in an overflow, for one of the following:
(i) A period of time that does not allow thawed portions of ready-to-eat food to rise above 5°C (41°F), or 7°C (45°F) as specified in § 46.385(a)(3).
(ii) A period of time that does not allow thawed portions of a raw animal food requiring cooking as specified in § 46.361(a) or (b) (relating to cooking raw animal foods) to be above 5°C (41°F), or 7°C (45°F) as specified in § 46.385(a)(3) for more than 4 hours including both of the following:
(A) The time the food is exposed to the running water and the time needed for preparation for cooking.
(B) The time it takes under refrigeration to lower the food temperature to 5°C (41°F), or 7°C (45°F) as specified in § 46.385(a)(3).
(3) As part of a cooking process if the food that is frozen is one of the following:
(i) Cooked as specified in § 46.361(a) or (b) or § 46.362 (relating to microwave cooking).
(ii) Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process.
(4) Using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for immediate service in response to an individual consumer's order.
§ 46.384. Potentially hazardous food: cooling.
(a) Cooling cooked potentially hazardous food. Cooked potentially hazardous food shall be cooled as follows:
(1) Within 2 hours, from 60°C (140°F) to 21°C (70°F).
(2) Within 4 hours, from 21°C (70°F) to 5°C (41°F) or less, or to 7°C (45°F) as specified in § 46.385(a)(3) (relating to potentially hazardous food: hot and cold holding).
(b) Cooling potentially hazardous food prepared from ingredients at ambient temperature. Potentially hazardous food shall be cooled within 4 hours to 5°C (41°F) or less, or to 7°C (45°F) as specified in § 46.385(a)(3) if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.
(c) Cooling methods. Cooling shall be accomplished in accordance with the time and temperature criteria specified in subsection (a) by using one or more of the following methods, based on the type of food being cooled:
(1) Placing the food in shallow pans.
(2) Separating the food into smaller or thinner portions.
(3) Using rapid cooling equipment.
(4) Stirring the food in a container placed in an ice water bath.
(5) Using containers that facilitate heat transfer.
(6) Adding ice as an ingredient.
(7) Other effective methods.
(d) Food containers in which food is cooled. When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be both of the following:
(1) Arranged in the equipment to provide maximum heat transfer through the container walls.
(2) Loosely covered, or uncovered if protected from overhead contamination as specified in § 46.321(a)(2) (relating to food storage), during the cooling period to facilitate heat transfer from the surface of the food.
§ 46.385. Potentially hazardous food: hot and cold holding.
(a) Except during preparation, cooking, or cooling, or when time is used as the public health control as specified in subsection (b), potentially hazardous food shall be maintained at one of the following temperatures, as applicable:
(1) At 60°C (140°F) or above, except that roasts cooked to a temperature and for a time specified in § 46.361(b) (relating to cooking raw animal foods) or reheated as specified in § 46.365(b)(5) (relating to reheating food) may be held at a temperature of 54°C (130°F).
(2) At 5°C (41°F) or less, except as specified in paragraphs (3)--(5), or § 46.584(b) (relating to vending machines).
(3) At 7°C (45°F) or between 7°C (45°F) and 5°C (41°F) in existing refrigeration equipment that is not capable of maintaining the food at 5°C (41°F) or less if either of the following is accurate:
(i) The equipment is in place and in use in the food facility; and by ______ (Editor's Note: The blank refers to a date 5 years from the effective date of this proposal.), the equipment is upgraded or replaced so that it shall maintain food at a temperature of 5°C (41°F) or less.
(ii) A food facility operator can demonstrate to the Department that a hardship would result from meeting the requirements of this paragraph and a variance is applied for and granted by the Department. The variance will not relieve the applicant from meeting the food safety objectives of this chapter.
(4) At 7°C (45°F) or less for shell eggs, or as otherwise specified in the Egg Refrigeration Law (31 P. S. §§ 300.1--300.9).
(5) At 7°C (45°F) or less, or as otherwise specified in the Milk Sanitation Law.
(b) Time as a public health control.
(1) Except as specified in paragraph (2), if time--rather than temperature--is used as the public health control for a working supply of potentially hazardous food before cooking, or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption, all of the following shall be done:
(i) The food shall be marked or otherwise identified to indicate the time that is 4 hours past the point in time when the food is removed from temperature control.
(ii) The food shall be cooked and served, served if ready-to-eat, or discarded, within 4 hours from the point in time when the food is removed from temperature control.
(iii) The food in unmarked containers or packages or marked to exceed a 4 hour limit shall be discarded.
(iv) Written procedures shall be maintained in the food facility and made available to the Department upon request, that ensure compliance with this subsection and § 46.384(a)--(b) (relating to potentially hazardous food: cooling) for food that is prepared, cooked and refrigerated before time is used as a public health control.
(2) In a food facility that serves a highly susceptible population, time only--rather than temperature--may not be used as the public health control for raw eggs.
SPECIALIZED PROCESSING METHODS § 46.401. Variance requirement for specialized processing methods.
A food facility shall obtain a variance from the Department as specified in § 46.1103(a) and (b) (relating to variances) before using any specialized processing method not currently recognized by the Department as a safe method for processing food.
§ 46.402. Reduced oxygen packaging.
(a) General requirement. A food facility that packages food using a reduced oxygen packaging method--where Clostridium botulinum is identified as a microbiological hazard in the final packaged form of the food--shall ensure that there are at least two barriers in place to control the growth and toxin formation of Clostridium botulinum. This requirement does not apply to a food facility that has obtained a variance under § 46.401 (relating to variance requirement for specialized processing methods).
(b) HACCP plan requirement. A food facility that packages food using a reduced oxygen packaging method--where Clostridium botulinum is identified as a microbiological hazard in the final packaged form of the food--shall have a HACCP plan that contains the information specified in § 46.1122(b)(4) (relating to HACCP plans) and that does all of the following:
(1) Identifies the food to be packaged.
(2) Limits the food packaged to a food that does not support the growth of Clostridium botulinum because it complies with one of the following:
(i) Has an aw of 0.91 or less.
(ii) Has a pH of 4.6 or less.
(iii) Is a meat or poultry product cured at a food establishment regulated by USDA using substances specified in 9 CFR 318.7 (relating to approval of substances for use in the preparation of products) and 9 CFR 381.147 (relating to restrictions on the use of substances in poultry products), and is received in an intact package.
(iv) Is a food with a high level of competing organisms such as raw meat or raw poultry.
(3) Specifies methods for maintaining food at 5°C (41°F) or below.
(4) Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to do the following:
(i) Maintain the food at 5°C (41°F) or below.
(ii) Discard the food within 14-calendar days of its packaging if it is not served for on-premises consumption, or it is not consumed if served or sold for off-premises consumption.
(5) Limits the shelf life to no more than 14-calendar days from packaging to consumption or the original manufacturer's ''sell by'' or ''use by'' date, whichever occurs first.
(6) Includes operational procedures that do all of the following:
(i) Prohibit contacting food with bare hands.
(ii) Identify a designated area and the method by which the following occur:
(A) Physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination.
(B) Access to the processing equipment is restricted to responsible trained personnel familiar with the potential hazards of the operation.
(iii) Cleaning and sanitization procedures for food-contact surfaces are delineated.
(7) Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the following:
(i) Concepts required for a safe operation.
(ii) Equipment and facilities.
(iii) Procedures specified in paragraph (6) and § 46.1122(b)(4).
(c) Special restriction with respect to certain fish. Except for fish that is frozen before, during, and after packaging, a food facility may not package fish using a reduced oxygen packaging method.
FOOD IDENTITY, PRESENTATION AND ON-PREMISES LABELING § 46.421. Accurate representation.
(a) Standards of identity. Packaged food shall comply with standard of identity requirements in the following:
(1) The act.
(2) Definitions in 21 CFR 131--169 (relating to Food and Drug Administration, Department of Health and Human Services) and 9 CFR 319 (relating to definitions and standards of identity or composition).
(3) 21 CFR 130 (relating to food standards: general).
(4) 9 CFR 319 Subpart A (relating to definitions and standards of identity or composition).
(b) Food shall be honestly presented.
(1) Food shall be offered for human consumption in a way that does not mislead or misinform the consumer.
(2) Food or color additives, colored overwraps or lights may not be used to misrepresent the true appearance, color or quality of a food.
§ 46.422. Labeling.
(a) Labels required on packaged foods. Food packaged in a food facility shall be labeled as specified in the act, 21 CFR 101 (relating to food labeling), 9 CFR 317 (relating to labeling, marking devices, and containers) and 9 CFR 381 Subpart N (relating to poultry products inspection regulations: labeling and containers).
(b) Label information on packaged foods. Label information on packaged foods shall include the following:
(1) The common name of the food, or absent a common name, an adequately descriptive identity statement.
(2) If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food.
(3) An accurate declaration of the quantity of contents.
(4) The name and place of business of the manufacturer, packer or distributor.
(5) Except as exempted in section 403(q)(3)--(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.A. § 343(q)(3)--(5)), nutritional labeling as specified in 21 CFR 101 (relating to food labeling) and 9 CFR 317 Subpart B (relating to nutrition labeling).
(c) Labeling information on bulk foods available for consumer self-dispensing or on unpackaged foods portioned to consumer specifications. Bulk food that is available for consumer self-dispensing or unpackaged foods portioned to consumer specifications shall be prominently labeled with one of the following in plain view of the consumer:
(1) The manufacturer's or processor's label that was provided with the food.
(2) A card, sign or other method of notification that includes the information specified in subsection (b)(1), (2) and (5).
(d) Labeling information on certain bakery products. Bakery products need not be labeled if they are sold directly to the consumer and the following are accurate:
(1) The food is either manufactured or prepared on the premises of the food facility or at another food facility that is owned by the same person and is regulated by the Department or other food regulatory agency that has jurisdiction.
(2) The information specified in subsection (b)(1), (2) and (5) is available at the place of sale.
(3) A health, nutrient content or other claim is not made.
(e) Other forms of information.
(1) If required by law, consumer warnings shall be provided.
(2) Food facility or manufacturers' dating information on foods may not be concealed or altered.
§ 46.423. Consumer advisory required with respect to animal foods that are raw, undercooked or not otherwise processed to eliminate pathogens.
Except as specified in §§ 46.361(c) and (d)(3) and 46.461 (relating to cooking raw animal foods; and additional safeguards for a food facility that serves a highly susceptible population), if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry or shellfish that is raw, undercooked or not other wise processed to eliminate pathogens is offered in a ready-to-eat form as a deli, menu, vended or other item; or as a raw ingredient in another ready-to-eat food, the food facility shall inform consumers by brochures, deli case or menu advisories, label statements, table tents, placards or other effective written means of the significantly increased risk associated with certain highly susceptible populations eating these foods in raw or undercooked form.
CONTAMINATED FOOD § 46.441. Discarding, or reconditioning unsafe, adulterated or contaminated food.
The following foods shall be discarded:
(1) A food that is unsafe, adulterated or not honestly presented as specified in § 46.201 (relating to food shall be safe, unadulterated and honestly presented), unless the food is reconditioned according to a procedure approved by the Department.
(2) Food that is not from an approved source as specified in §§ 46.211--46.221.
(3) Ready-to-eat food that may have been contaminated by an employee that has been restricted or excluded as specified in § 46.113 (relating to duty to impose exclusions and restrictions).
(4) Food that is contaminated by food employees, consumers or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means.
SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE POPULATIONS § 46.461. Additional safeguards for a food facility that serves a highly susceptible population.
(a) Prepackaged juice bearing a warning label prohibited. In a food facility that serves a highly susceptible population, prepackaged juice or a prepackaged beverage containing juice, that bears a warning label as specified in 21 CFR 101.17(g) (relating to labeling warning and notice statements), may not be served or offered for sale.
(b) Pasteurized eggs required in certain foods. In a food facility that serves a highly susceptible population, pasteurized shell eggs or pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for raw shell eggs in the preparation of the following:
(1) Foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, egg nog, ice cream and egg-fortified beverages.
(2) Except as specified in subsection (e), recipes in which more than one egg is broken and the eggs are combined.
(c) Food in unopened original packages. In a food facility that serves a highly susceptible population, food in an unopened original package may not be re-served.
(d) Prohibited ready-to-eat foods. In a food facility that serves a highly susceptible population, the following foods may not be served or offered for sale in a ready-to-eat form:
(1) Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish and steak tartare.
(2) A partially cooked animal food such as lightly cooked fish, rare meat, soft-cooked eggs that are made from raw shell eggs, and meringue.
(3) Raw seed sprouts.
(e) Limited exception allowing use of raw eggs. In a food facility that serves a highly susceptible population, subsection (b)(2) does not apply in any of the following circumstances:
(1) The raw eggs are combined immediately before cooking for one consumer's serving at a single meal, cooked as specified in § 46.361(a)(1) (relating to cooking raw animal foods), and served immediately, such as an omelet, soufflé or scrambled eggs.
(2) The raw eggs are combined as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin or bread.
(3) The preparation of the food is conducted under a HACCP plan that accomplishes the following:
(i) Identifies the food to be prepared.
(ii) Prohibits contacting ready-to-eat food with bare hands.
(iii) Includes specifications and practices that ensure the following:
(A) Salmonella Enteritidis growth is controlled before and after cooking.
(B) Salmonella Enteritidis is destroyed by cooking the eggs according to the temperature and time specified in § 46.361(a)(2).
(iv) Contains the information specified in § 46.1122(b)(4) (relating to HACCP plans) including procedures that accomplish the following:
(A) Control cross contamination of ready-to-eat food with raw eggs.
(B) Delineate cleaning and sanitization procedures for food-contact surfaces.
(v) Describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used.
Subchapter D. EQUIPMENT, UTENSILS AND LINENS GENERAL STANDARD
Sec.
46.501. Acceptability of food equipment certified or classified for sanitation by an ANSI-accredited certification program. MATERIALS FOR USE IN CONSTRUCTION AND REPAIR
46.521. Materials in multiuse utensils and food contact surfaces. 46.522. Materials for surfaces that are nonfood-contact surfaces. 46.523. Single-service and single-use articles: required characteristics. DESIGN AND CONSTRUCTION
46.541. Durability and strength. 46.542. Cleanabilty of multiuse food-contact surfaces and CIP equipment. 46.543. ''V'' threads: use limitation. 46.544. Cleanability of hot oil filtering equipment, can openers, nonfood-contact surfaces, kick plates and ventilation hood systems. ACCURACY
46.561. Accuracy of temperature measuring devices for food. 46.562. Accuracy of temperature measuring devices for ambient air and water. 46.563. Accuracy of pressure measuring devices on mechanical warewashing equipment. FUNCTIONALITY
46.581. Ventilation hood systems, drip prevention. 46.582. Equipment openings, closures and deflectors. 46.583. Dispensing equipment: protection of equipment and food. 46.584. Vending machines. 46.585. Bearings and gear boxes: leakproof. 46.586. Beverage tubing: separation. 46.587. Ice units: separation of drains. 46.588. Condenser unit: separation. 46.589. Molluscan shellfish tanks. 46.590. Temperature measuring devices. 46.591. Warewashing machines. 46.592. Manual warewashing machines. 46.593. Warewashing sinks and drainboards: self-draining. 46.594. Equipment compartments: drainage. 46.595. Case lot handling equipment: moveability. NUMBERS AND CAPACITIES OF EQUIPMENT
46.611. Cooling, heating and holding capacities. 46.612. Manual warewashing: sink compartment requirements. 46.613. Drainboards. 46.614. Ventilation hood systems: adequacy. 46.615. Clothes washers and dryers. NUMBERS AND CAPACITIES OF UTENSILS, TEMPERATURE MEASURING DEVICES AND TESTING DEVICES
46.631. Consumer self-service utensils. 46.632. Food temperature measuring devices. 46.633. Temperature measuring devices for manual warewashing. 46.634. Sanitizing solution testing devices. LOCATION AND INSTALLATION OF EQUIPMENT
46.651. Location of equipment, clothes washers and dryers and storage cabinets to prevent contamination. 46.652. Installation of fixed equipment, fixed table-mounted equipment and fixed floor-mounted equipment. MAINTENANCE AND OPERATION OF EQUIPMENT
46.671. Equipment: good repair and proper adjustment. 46.672. Cutting surfaces. 46.673. Microwave ovens. 46.674. Warewashing equipment: mechanical or manual. 46.675. Mechanical warewashing equipment. 46.676. Manual warewashing equipment. MAINTENANCE AND OPERATION OF UTENSILS AND TEMPERATURE AND PRESSURE MEASURING DEVICES
46.691. Utensils and temperature and pressure measuring devices: repair and calibration. 46.692. Single-service and single-use articles. 46.693. Mollusk and crustacean shells used as serving containers. CLEANING OF EQUIPMENT AND UTENSILS
46.711. Objective of cleaning equipment and utensils. 46.712. Frequency of cleaning equipment food-contact surfaces and utensils. 46.713. Frequency of cleaning cooking and baking equipment. 46.714. Frequency of cleaning nonfood-contact surfaces. 46.715. Methods of cleaning. 46.716. Washing: loading of soiled items into warewashing machines. 46.717. Washing procedures for alternative warewashing equipment. 46.718. Rinsing procedures. 46.719. Washing returnable containers for refilling. SANITIZATION OF EQUIPMENT AND UTENSILS
46.731. Sanitization: requirement, frequency and methods. LAUNDERING
46.751. Requirement and frequency of laundering. 46.752. Methods of laundering. 46.753. Use of laundry facilities. PROTECTION OF CLEAN ITEMS
46.771. Drying clean equipment and utensils. 46.772. Wiping cloths: air-drying locations. 46.773. Lubricating and reassembling clean food contact surfaces and equipment. 46.774. Storing clean items. 46.775. Handling clean items.
GENERAL STANDARD § 46.501. Acceptability of food equipment certified or classified for sanitation by an ANSI-accredited certification program.
Food equipment that is certified or classified for sanitation by an American National Standards Institute (ANSI)-accredited certification program shall be deemed to comply with the applicable provisions of §§ 46.521--46.523, 46.541--46.544, 46.561--46.563 and 46.581--46.595.
MATERIALS FOR USE IN CONSTRUCTION AND REPAIR § 46.521. Materials in multiuse utensils and food contact surfaces.
(a) Required characteristics. Materials that are used in the construction of utensils and food-contact surfaces of equipment may not allow the migration of deleterious substances or impart colors, odors or tastes to food. Under normal use conditions these materials shall be all of the following:
(1) Safe.
(2) Durable, corrosion-resistant and nonabsorbent.
(3) Sufficient in weight and thickness to withstand repeated warewashing.
(4) Finished to have a smooth, easily cleanable surface.
(5) Resistant to pitting, chipping, crazing, scratching, scoring, distortion and decomposition.
(b) Cast iron: use limitation. Except as specified in paragraphs (1) and (2), cast iron may not be used for utensils or food-contact surfaces of equipment.
(1) Cast iron may be used as a surface for cooking.
(2) Cast iron may be used in utensils for serving food if the utensils are used only as part of an uninterrupted process from cooking through service.
(c) Lead in ceramic, china and crystal utensils: use limitation. Ceramic, china, crystal utensils and decorative utensils (such as hand painted ceramic or china) that are used in contact with food shall be lead-free or contain levels of lead not exceeding the limits of the following utensil categories:
Maximum Lead Utensil Category Description in Mg/L (ppm) Hot Beverage Mugs Coffee Mugs 0.5 Large Hollowware Bowls >= 1.1 L (1.16 Qt.) 1.0 Small Hollowware Bowls < 1.1 L (1.16 Qt.) 2.0 Flat Utensils Plates, Saucers 3.0 (d) Copper: use limitation.
(1) Except as specified in paragraph (2), copper and copper alloys (such as brass) may not be used in contact with a food that has a pH below 6 (such as vinegar, fruit juice or wine) or for a fitting or tubing installed between a backflow prevention device and a carbonator.
(2) Copper and copper alloys may be used in contact with beer brewing ingredients that have a pH below 6 in the prefermentation and fermentation steps of a beer brewing operation such as a brewpub or microbrewery.
(e) Galvanized metal: use limitation. Galvanized metal may not be used for utensils or food-contact surfaces of equipment that are used in contact with acidic food.
(f) Sponges: use limitation. Sponges may not be used in contact with cleaned and sanitized or in-use food-contact surfaces.
(g) Lead in pewter alloys: use limitation. Pewter alloys containing lead in excess of 0.05% may not be used as a food-contact surface.
(h) Lead in solder and flux; use limitation. Solder and flux containing lead in excess of 0.2% may not be used as a food-contact surface.
(i) Wood: use limitation. Except as specified in paragraphs (1)--(3), wood and wood wicker may not be used as a food-contact surface.
(1) Hard maple or an equivalently hard, close-grained wood may be used for the following:
(i) Cutting boards; cutting blocks; bakers' tables; and utensils such as rolling pins, doughnut dowels, salad bowls and chopsticks.
(ii) Wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of 110°C (230°F) or above.
(2) Whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables or nuts are used.
(3) If the nature of the food requires removal of rinds, peels, husks or shells before consumption, the whole, uncut, raw food may be kept in the following:
(i) Untreated wood containers.
(ii) Treated wood containers if the containers are treated with a preservative that meets the requirements specified in 21 CFR 178.3800 (relating to preservatives for wood).
(j) Nonstick coatings, use limitation. Multiuse kitchenware (such as frying pans, griddles, sauce pans, cookie sheets and waffle bakers) that have a perfluorocarbon resin coating shall be used with nonscoring or nonscratching utensils and cleaning aids.
§ 46.522. Materials for surfaces that are nonfood-contact surfaces.
Surfaces of equipment that are nonfood-contact surfaces, but are exposed to splash, spillage or other food soiling or that require frequent cleaning shall be constructed of a corrosion-resistant, nonabsorbent and smooth material.
§ 46.523. Single-service and single-use articles: required characteristics.
Materials that are used to make single-service and single-use articles shall be safe and clean, and may not allow the migration of deleterious substances, or impart colors, odors or tastes to food.
DESIGN AND CONSTRUCTION § 46.541. Durability and strength.
(a) Equipment and utensils. Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.
(b) Food temperature measuring devices. Food temperature measuring devices may not have sensors or stems constructed of glass, except that thermometers with glass sensors or stems that are encased in a shatterproof coating (such as candy thermometers) may be used.
§ 46.542. Cleanabilty of multiuse food-contact surfaces and CIP equipment.
(a) Multiuse food-contact surfaces. Multiuse food-contact surfaces shall be all of the following:
(1) Smooth.
(2) Free of breaks, open seams, cracks, chips, inclusions, pits and similar imperfections.
(3) Free of sharp internal angles, corners and crevices.
(4) Finished to have smooth welds and joints.
(5) Except as specified in subsection (b), accessible for cleaning and inspection by one of the following methods:
(i) Without being disassembled.
(ii) By disassembling without the use of tools.
(iii) By easy disassembling with the use of handheld tools commonly available to maintenance and cleaning personnel (such as screwdrivers, pliers, open-end wrenches and Allen wrenches).
(b) Exception. Subsection (a)(5) does not apply to cooking oil storage tanks, distribution lines for cooking oils, or beverage syrup lines or tubes.
(c) CIP equipment. CIP equipment shall meet the characteristics specified in subsection (a) and shall be designed and constructed so that the following are accurate:
(1) Cleaning and sanitizing solutions circulate throughout a fixed system and contact all interior food-contact surfaces.
(2) The system is self-draining or capable of being completely drained of cleaning and sanitizing solutions.
(3) If the CIP equipment is not designed for disassembly during cleaning, it is designed with inspection access points to ensure that all interior food-contact surfaces throughout the fixed system are being effectively cleaned.
§ 46.543. ''V'' threads: use limitation.
Except for hot oil cooking or filtering equipment, ''V'' type threads may not be used on food-contact surfaces.
§ 46.544. Cleanability of hot oil filtering equipment, can openers, nonfood-contact surfaces, kick plates and ventilation hood systems.
(a) Hot oil filtering equipment. Hot oil filtering equipment shall meet the characteristics specified in § 46.542 (relating to cleanabilty of multiuse food-contact surfaces and CIP equipment), as applicable, and shall be readily accessible for filter replacement and cleaning of the filter.
(b) Can openers. Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement.
(c) Nonfood-contact surfaces. Nonfood-contact surfaces shall be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance.
(d) Kick plates, removable. Kick plates shall be designed so that the areas behind them are accessible for inspection and cleaning by being both of the following:
(1) Removable by one of the methods specified in § 46.542(a)(5) or capable of being rotated open.
(2) Removable or capable of being rotated open without unlocking equipment doors.
(e) Ventilation hood systems, filters. Filters or other grease extracting equipment, if not designed to be cleaned in place, shall be designed to be readily removable for cleaning and replacement.
ACCURACY § 46.561. Accuracy of temperature measuring devices for food.
(a) Accuracy range for Celsius-scaled or Celsius/Fahrenheit-scaled devices. Food temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit shall be accurate to ±1°C in the intended range of use.
(b) Accuracy for Fahrenheit-scaled devices. Food temperature measuring devices that are scaled only in Fahrenheit shall be accurate to ±2°F in the intended range of use.
§ 46.562. Accuracy of temperature measuring devices for ambient air and water.
(a) Accuracy range for Celsius-scaled or Celsius/Fahrenheit-scaled devices. Ambient air and water temperature measuring devices that are scaled in Celsius or dually scaled in Celsius and Fahrenheit shall be designed to be easily readable and accurate to ±1.5°C in the intended range of use.
(b) Accuracy for Fahrenheit-scaled devices. Ambient air and water temperature measuring devices that are scaled only in Fahrenheit shall be accurate to ±3°F in the intended range of use.
§ 46.563. Accuracy of pressure measuring devices on mechanical warewashing equipment.
Pressure measuring devices that display the pressures in the water supply line for the fresh hot water sanitizing rinse on mechanical warewashing equipment shall have increments of 7 kilopascals (1 pounds per square inch) or smaller, and shall be accurate to ± 14 kilopascals (± 2 pounds per square inch) in the 100--170 kilopascals (15--25 pounds per square inch) range.
FUNCTIONALITY § 46.581. Ventilation hood systems, drip prevention.
Exhaust ventilation hood systems in food preparation and warewashing areas (including components such as hoods, fans, guards and ducting) shall be designed to prevent grease or condensation from draining or dripping onto food, equipment, utensils, linens, and single-service and single-use articles.
§ 46.582. Equipment openings, closures and deflectors.
(a) Overlap and slope of covers. A cover or lid for equipment shall overlap the opening and be sloped to drain.
(b) Flange requirement. An opening located within the top of a unit of equipment that is designed for use with a cover or lid shall be flanged upward at least 5 millimeters (2/10 of an inch).
(c) Watertight joint. Except as specified in subsection (d), fixed piping, temperature measuring devices, rotary shafts and other parts extending into equipment shall be provided with a watertight joint at the point where the item enters the equipment.
(d) Alternative to watertight joint. If a watertight joint is not provided, the piping, temperature measuring devices, rotary shafts and other parts extending through the openings shall be equipped with an apron designed to deflect condensation, drips and dust from openings into the food. The openings shall be flanged as specified in subsection (b).
§ 46.583. Dispensing equipment: protection of equipment and food.
In equipment that dispenses or vends liquid food or ice in unpackaged form, the following shall occur:
(1) The delivery tube, chute orifice and splash surfaces directly above the container receiving the food shall be designed in a manner, such as with barriers, baffles, or drip aprons, so that drips from condensation and splash are diverted from the opening of the container receiving the food.
(2) The delivery tube, chute and orifice shall be protected from manual contact such as by being recessed.
(3) The delivery tube or chute and orifice of equipment used to vend liquid food or ice in unpackaged form to self-service consumers shall be designed so that the delivery tube or chute and orifice are protected from dust, insects, rodents and other contamination by a self-closing door if the equipment is either of the following:
(i) Located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents and other contaminants that are present in the environment.
(ii) Available for self-service during hours when it is not under the full-time supervision of a food employee.
(4) The dispensing equipment actuating lever or mechanism and filling device of consumer self-service beverage dispensing equipment shall be designed to prevent contact with the lip-contact surface of glasses or cups that are refilled.
§ 46.584. Vending machines.
(a) Vending stage closure. The dispensing compartment of a vending machine--including a machine that is designed to vend prepackaged snack food that is not potentially hazardous (such as chips, party mixes and pretzels)--shall be equipped with a self-closing door or cover if the machine is either of the following:
(1) Located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents and other contaminants that are present in the environment.
(2) Available for self-service during hours when it is not under the full supervision of a food employee.
(b) Automatic shutoff.
(1) A machine vending potentially hazardous food shall have an automatic control that prevents the machine from vending food under either of the following circumstances:
(i) If there is a power failure, mechanical failure, or other condition that results in an internal machine temperature that can not maintain food temperatures as specified in Subchapter C (relating to food).
(ii) If a condition specified in subparagraph (i) occurs, until the machine is serviced and restocked with food that has been maintained at temperatures specified in Subchapter C.
(2) When the automatic shutoff within a refrigerated vending machine vending potentially hazardous food is activated, the ambient temperature may not exceed 5°C (41°F) or 7°C (45°F) as specified in § 46.385(a)(3) (relating to potentially hazardous food: hot and cold holding) for more than 30 minutes immediately after the machine is filled, serviced or restocked.
(3) When the automatic shutoff within a hot holding vending machine vending potentially hazardous food is activated, the ambient temperature may not be less than 60°C (140°F) for more than 120 minutes immediately after the machine is filled, serviced or restocked.
(c) Can openers. Cutting or piercing parts of can openers on vending machines shall be protected from manual contact, dust, insects, rodents and other contamination.
(d) Vending machines that dispense liquids in paper containers. Vending machines designed to store beverages that are packaged in containers made from paper products shall be equipped with diversion devices and retention pans or drains for container leakage.
(e) Vending machines that dispense liquid food in bulk. Vending machines that dispense liquid food in bulk shall be both of the following:
(1) Provided with an internally mounted waste receptacle for the collection of drip, spillage, overflow or other internal wastes.
(2) Equipped with an automatic shutoff device that will place the machine out of operation before the waste receptacle overflows.
(f) Requirements for a liquid shutoff device. Shutoff devices described in subsection (e)(2) shall prevent water or liquid food from continuously running if there is a failure of a flow control device in the water or liquid food system or waste accumulation that could lead to overflow of the waste receptacle.
(g) Doors and openings.
(1) Vending machine doors and access opening covers to food and container storage spaces shall be tight-fitting so that the space along the entire interface between the doors or covers and the cabinet of the machine, if the doors or covers are in a closed position, is no greater than 1.5 millimeters or 1/16 inch by one or more of the following:
(i) Being covered with louvers, screens or materials that provide an equivalent opening of not greater than 1.5 millimeters or 1/16 inch. Screening of 12 or moremesh to 2.5 centimeters (12 mesh to 1 inch) meets this requirement.
(ii) Being effectively gasketed.
(iii) Having interface surfaces that are at least 13 millimeters or 1/2 inch wide.
(iv) Jambs or surfaces used to form an L-shaped entry path to the interface.
(2) Vending machine service connection openings through an exterior wall of the machine, shall be closed by sealants, clamps, or grommets so that the openings are no larger than 1.5 millimeters or 1/16 inch.
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