[33 Pa.B. 6137]
[Continued from previous Web Page]
CLEANING OF EQUIPMENT AND UTENSILS § 46.711. Objective of cleaning equipment and utensils.
(a) General cleanliness requirement. Equipment food-contact surfaces and utensils shall be clean to sight and touch.
(b) Grease and soil accumulations. The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations.
(c) Nonfood-contact surfaces. Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue and other debris.
§ 46.712. Frequency of cleaning equipment food-contact surfaces and utensils.
(a) General requirements. Equipment food-contact surfaces and utensils shall be cleaned as follows:
(1) Except as specified in subsection (b), before each use with a different type of raw animal-derived food such as beef, fish, lamb, pork or poultry.
(2) Each time there is a change from working with raw foods to working with ready-to-eat foods.
(3) Between uses with raw fruits and vegetables and with potentially hazardous food.
(4) Before using or storing a food temperature measuring device.
(5) At any time during the operation when contamination may have occurred.
(b) Exception. Subsection (a)(1) does not apply if the food-contact surface or utensil is in contact with a succession of different raw animal-derived foods each requiring a higher cooking temperature as specified in § 46.361 (relating to cooking raw animal-derived foods) than the previous food (such as preparing raw fish followed by cutting raw poultry on the same cutting board).
(c) Maximum cleaning interval for equipment food-contact surfaces and utensils in contact with potentially hazardous food. Except as specified in subsection (d), if used with potentially hazardous food, equipment food-contact surfaces and utensils shall be cleaned throughout the day at least every 4 hours.
(d) Exceptions. Surfaces of utensils and equipment contacting potentially hazardous food may be cleaned less frequently than every 4 hours under any of the following circumstances:
(1) In storage, containers of potentially hazardous food and their contents are maintained at temperatures specified in Subchapter C (relating to food) and the containers are cleaned when they are empty.
(2) Utensils and equipment are used to prepare food in a refrigerated room or area that is maintained at one of the temperatures in the chart in subparagraph (i) and both of the following occur:
(i) The utensils and equipment are cleaned at the frequency in the following chart that corresponds to the temperature:
Temperature Cleaning Frequency 5.0°C (41°F) or less 24 hours >5.0°C and <=7.2°C (>41°F and <=45°F) 20 hours >7.2°C and <=10°C (>45°F and <=50°F) 16 hours >10°C and <=12.8°C (>50°F and <=55°F) 10 hours (ii) The cleaning frequency based on the ambient temperature of the refrigerated room or area is documented in the food facility.
(3) Containers in serving situations such as salad bars, delis and cafeteria lines hold ready-to-eat potentially hazardous food that is maintained at the temperatures specified in Subchapter C are intermittently combined with additional supplies of the same food that is at the required temperature, and the containers are emptied and cleaned at least every 24 hours.
(4) Temperature measuring devices are maintained in contact with food, such as when left in a container of deli food or in a roast, held at temperatures specified in Subchapter C.
(5) Equipment is used for storage of packaged or unpackaged food such as a reach-in refrigerator and the equipment is cleaned at a frequency necessary to preclude accumulation of soil residues.
(6) The cleaning schedule is approved by the Department based on consideration of the following:
(i) Characteristics of the equipment and its use.
(ii) The type of food involved.
(iii) The amount of food residue accumulation.
(iv) The temperature at which the food is maintained during the operation and the potential for the rapid and progressive multiplication of pathogenic or toxigenic microorganisms that are capable of causing foodborne disease.
(7) In-use utensils are intermittently stored in a container of water in which the water is maintained at 58°C (135°F) or more and the utensils and container are cleaned at least every 24 hours or at a frequency necessary to preclude accumulation of soil residues.
(e) Maximum cleaning interval for equipment food-contact surfaces and utensils in contact with food that is not potentially hazardous. Except when dry cleaning methods are used as specified in § 46.715(a) (relating to methods of cleaning), surfaces of utensils and equipment contacting food that is not potentially hazardous shall be cleaned as follows:
(1) At any time when contamination may have occurred.
(2) At least every 24 hours for iced tea dispensers and consumer self-service utensils such as tongs, scoops or ladles.
(3) Before restocking consumer self-service equipment and utensils such as condiment dispensers and display containers.
(4) In equipment such as ice bins and beverage dispensing nozzles and enclosed components of equipment such as ice makers, cooking oil storage tanks and distribution lines, beverage and syrup dispensing lines or tubes, coffee bean grinders and water vending equipment as follows:
(i) At a frequency specified by the manufacturer.
(ii) Absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or mold.
§ 46.713. Frequency of cleaning cooking and baking equipment.
(a) Food-contact surfaces. The food-contact surfaces of cooking and baking equipment shall be cleaned at least every 24 hours. This requirement does not apply to hot oil cooking and filtering equipment if it is cleaned as specified in § 46.712(d)(6) (relating to frequency of cleaning equipment food-contact surfaces and utensils).
(b) Microwave ovens. The cavities and door seals of microwave ovens shall be cleaned at least every 24 hours by using the manufacturer's recommended cleaning procedure.
§ 46.714. Frequency of cleaning nonfood-contact surfaces.
Nonfood-contact surfaces of equipment shall be cleaned at a frequency necessary to preclude accumulation of soil residues.
§ 46.715. Methods of cleaning.
(a) Dry cleaning.
(1) If used, dry cleaning methods such as brushing, scraping and vacuuming shall contact only surfaces that are soiled with dry food residues that are not potentially hazardous.
(2) Cleaning equipment used in dry cleaning food-contact surfaces may not be used for any other purpose.
(b) Precleaning.
(1) Food debris on equipment and utensils shall be scraped over a waste disposal unit or garbage receptacle or may be removed in a warewashing machine with a prewash cycle.
(2) If necessary for effective cleaning, utensils and equipment shall be preflushed, presoaked or scrubbed with abrasives.
(c) Wet cleaning.
(1) Equipment food-contact surfaces and utensils shall be effectively washed to remove or completely loosen soils by using the manual or mechanical means necessary, such as the application of detergents containing wetting agents and emulsifiers; acid, alkaline or abrasive cleaners; hot water; brushes; scouring pads; high-pressure sprays; or ultrasonic devices.
(2) The washing procedures selected shall be based on the type and purpose of the equipment or utensil, and on the type of soil to be removed.
§ 46.716. Washing: loading of soiled items into warewashing machines.
Soiled items to be cleaned in a warewashing machine shall be loaded into racks, trays or baskets or onto conveyors in a position that exposes the items to the unobstructed spray from all cycles, and allows the items to drain.
§ 46.717. Washing procedures for alternative warewashing equipment.
If washing in sink compartments or a warewashing machine is impractical (such as when the equipment is fixed or the utensils are too large), washing shall be done by using alternative manual warewashing equipment as specified in § 46.612(c) (relating to manual warewashing: sink compartment requirements) in accordance with the following procedures:
(1) Equipment shall be disassembled as necessary to allow access of the detergent solution to all parts.
(2) Equipment components and utensils shall be scrapped or rough cleaned to remove food particle accumulation.
(3) Equipment and utensils shall be washed as specified in § 46.715(c)(1) (relating to methods of cleaning).
§ 46.718. Rinsing procedures.
Washed utensils and equipment shall be rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of water or a detergent-sanitizer solution by using one of the following procedures:
(1) Use of a distinct, separate water rinse after washing and before sanitizing if using any of the following:
(i) A three-compartment sink.
(ii) Alternative manual warewashing equipment equivalent to a three-compartment sink as specified in § 46.612(c) (relating to manual warewashing: sink compartment requirements).
(iii) A three-step washing, rinsing and sanitizing procedure in a warewashing system for CIP equipment.
(2) Use of a detergent-sanitizer as specified in § 46.676(f) (relating to manual warewashing equipment) if using either of the following:
(i) Alternative warewashing equipment as specified in § 46.612(c) that is approved for use with a detergent-sanitizer.
(ii) A warewashing system for CIP equipment.
(3) Use of a nondistinct water rinse that is integrated in the hot water sanitization immersion step of a two-compartment sink operation.
(4) If using a warewashing machine that does not recycle the sanitizing solution as specified in paragraph (5), or alternative manual warewashing equipment (such as sprayers), use of a nondistinct water rinse that is the following:
(i) Integrated in the application of the sanitizing solution.
(ii) Wasted immediately after each application.
(5) If using a warewashing machine that recycles the sanitizing solution for use in the next wash cycle, use of a nondistinct water rinse that is integrated in the application of the sanitizing solution.
§ 46.719. Washing returnable containers for refilling.
(a) General requirement. Except as specified in subsections (b) and (c), returned empty containers intended for cleaning and refilling with food shall be cleaned and refilled in a regulated food establishment.
(b) Exception. A food-specific container for beverages may be refilled at a food facility if all of the following are accurate:
(1) Only a beverage that is not a potentially hazardous food is used as specified in § 46.307(a) (relating to refilling returnables).
(2) The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the food facility.
(3) Facilities for rinsing before refilling returned containers with fresh, hot water that is under pressure and not recirculated are provided as part of the dispensing system.
(4) The consumer-owned container returned to the food facility for refilling is refilled for sale or service only to the same consumer.
(5) The container is refilled by either of the following:
(i) An employee of the food facility.
(ii) The owner of the container if the beverage system includes a contamination-free transfer process that cannot be bypassed by the container owner.
(c) Exception. Consumer-owned containers that are not food-specific may be filled at a water vending machine or system.
SANITIZATION OF EQUIPMENT AND UTENSILS § 46.731. Sanitization: requirement, frequency and methods.
(a) Requirement. Equipment food-contact surfaces and utensils shall be sanitized in accordance with this section.
(b) Frequency. Utensils and food-contact surfaces of equipment shall be sanitized before use after cleaning.
(c) Methods: hot water and chemical. After being cleaned, equipment food-contact surfaces and utensils shall be sanitized by the following methods, based upon the type of operation:
(1) In hot water manual operations: by immersion for at least 30 seconds and as specified in § 46.676(d) (relating to manual warewashing equipment).
(2) In hot water mechanical operations: by being cycled through equipment that is set up as specified in § 46.675(a), (d) and (e) (relating to mechanical warewashing equipment) and achieving a utensil surface temperature of 71°C (160°F) as measured by an irreversible registering temperature indicator.
(3) In chemical manual or mechanical operations: including the application of sanitizing chemicals by immersion, manual swabbing, brushing or pressure spraying methods, using a solution as specified in § 46.674(d) (relating to warewashing equipment: mechanical or manual) for the following exposure time, as applicable:
(i) Except as specified in subparagraph (ii), an exposure time of at least 10 seconds for a chlorine solution specified in § 46.674(d)(1).
(ii) An exposure time of at least 7 seconds for a chlorine solution of 50 mg/L (ppm) that has a pH of 10 or less and a temperature of at least 38°C (100°F) or a pH of 8 or less and a temperature of at least 24°C (75°F).
(iii) An exposure time of at least 30 seconds for other chemical sanitizing solutions.
(iv) An exposure time used in relationship with a combination of temperature, concentration and pH that, when evaluated for efficacy, yields sanitization.
LAUNDERING § 46.751. Requirement and frequency of laundering.
(a) Requirement. Clean linens shall be free from food residues and other soiling matter.
(b) Frequency of laundering.
(1) Linens that do not come in direct contact with food shall be laundered between operations if they become wet, sticky or visibly soiled.
(2) Cloth gloves used as specified in § 46.305(d) (relating to gloves: use limitations) shall be laundered before being used with a different type of raw animal-derived food such as beef, lamb, pork and fish.
(3) Linens and napkins that are used as specified in § 46.303 (relating to linens and napkins: use limitations) and cloth napkins shall be laundered between each use.
(4) Wet wiping cloths shall be laundered daily.
(5) Dry wiping cloths shall be laundered as necessary to prevent contamination of food and clean serving utensils.
§ 46.752. Methods of laundering.
(a) Storage of soiled linens. Soiled linens shall be kept in clean, nonabsorbent receptacles or clean, washable laundry bags and stored and transported to prevent contamination of food, clean equipment, clean utensils and single-service and single-use articles.
(b) Mechanical washing. All linens shall be mechanically washed, except in food facilities where only wiping cloths are laundered as specified in § 46.615(b) (relating to clothes washers and dryers), the wiping cloths may be laundered in a mechanical washer, sink designated only for laundering wiping cloths or a warewashing or food preparation sink that is cleaned as specified in § 46.674(a) (relating to warewashing equipment: mechanical or manual).
§ 46.753. Use of laundry facilities.
(a) General requirement. Except as specified in subsection (b), laundry facilities on the premises of a food facility shall be used only for the washing and drying of items used in the operation of the facility.
(b) Exception. Separate laundry facilities located on the premises for the purpose of general laundering (such as for institutions providing boarding and lodging) may also be used for laundering food facility items.
PROTECTION OF CLEAN ITEMS § 46.771. Drying clean equipment and utensils.
(a) Air-drying or adequate draining required. After cleaning and sanitizing, equipment and utensils shall be air-dried or used after adequate draining as specified in 21 CFR 178.1010(a) (relating to sanitizing solutions) before contact with food.
(b) Cloth drying. After cleaning and sanitizing, equipment and utensils may not be cloth-dried, except that utensils that have been air-dried may be polished with cloths that are maintained clean and dry.
§ 46.772. Wiping cloths: air-drying locations.
(a) General. Except as provided in subsection (b), wiping cloths laundered in a food facility that does not have a mechanical clothes dryer as specified in § 46.615(b) (relating to clothes washers and dryers) shall be air-dried in a location and in a manner that prevents contamination of food, equipment, utensils, linens, single-service and single-use articles and wiping cloths.
(b) Exception. This section does not apply if wiping cloths are stored after laundering in a sanitizing solution as specified in § 46.674(d) (relating to warewashing equipment: mechanical or manual).
§ 46.773. Lubricating and reassembling clean food-contact surfaces and equipment.
(a) Food-contact surfaces. Lubricants shall be applied to food-contact surfaces that require lubrication in a manner that does not contaminate food-contact surfaces.
(b) Equipment. Equipment shall be reassembled so that food-contact surfaces are not contaminated.
§ 46.774. Storing clean items.
(a) General requirement for equipment, utensils, linens and single-service and single-use articles. Except as specified in subsection (d), cleaned equipment and utensils, laundered linens and single-service and single-use articles shall be stored as follows:
(1) In a clean, dry location.
(2) Where they are not exposed to splash, dust or other contamination.
(3) At least 15 cm (6 inches) above the floor.
(b) Additional storage requirements for equipment and utensils. Clean equipment and utensils shall be stored as specified in subsection (a) and shall be stored covered or inverted, and in a self-draining position that allows air drying.
(c) Additional storage requirements for single-service and single-use articles. Single-service and single-use articles shall be stored as specified in subsection (a) and shall be kept in the original protective package or stored by using other means that afford protection from contamination until used.
(d) Items in closed packages. Items that are kept in closed packages may be stored less than 15 cm (6 inches) above the floor on dollies, pallets, racks and skids that are designed as specified in § 46.595 (relating to case lot handling equipment: moveability).
(e) Prohibited storage locations. Except as specified in subsection (f), cleaned and sanitized equipment, utensils, laundered linens and single-service and single-use articles may not be stored in any of the following locations:
(1) A locker room.
(2) A toilet room.
(3) A garbage room.
(4) A mechanical room.
(5) Under a sewer line that is not shielded to intercept potential drips.
(6) Under a leaking water line--including a leaking automatic fire sprinkler head--or under a line on which water has condensed.
(7) Under an open stairwell.
(8) Under another source of contamination.
(f) Limited exception for a locker room. Laundered linens and single-service and single-use articles that are packaged or in a facility such as a cabinet may be stored in a locker room.
§ 46.775. Handling clean items.
(a) Kitchenware and tableware.
(1) Single-service and single-use articles and cleaned and sanitized utensils shall be handled, displayed and dispensed so that contamination of food- and lip-contact surfaces is prevented.
(2) Knives, forks and spoons that are not prewrapped shall be presented so that only the handles are touched by employees and by consumers if consumer self-service is provided.
(3) Except as specified in paragraph (2), single-service articles that are intended for food- or lip-contact shall be furnished for consumer self-service with the original individual wrapper intact or from an approved dispenser.
(b) Preset tableware. If tableware is preset, it shall be protected from contamination by being wrapped, covered or inverted. Exposed, unused settings shall be either removed when a consumer is seated, or cleaned and sanitized before further use if the settings are not removed when a consumer is seated.
(c) Soiled and clean tableware. Soiled tableware shall be removed from consumer eating and drinking areas and handled so that clean tableware is not contaminated.
Subchapter E. WATER, PLUMBING AND WASTE WATER
Sec.
46.801. Sources of drinking water. 46.802. Drinking water system flushing and disinfection. 46.803. Bottled drinking water. 46.804. Quality of water. 46.805. Quantity and availability of water: capacity and pressure. 46.806. Distribution, delivery and retention of water. PLUMBING SYSTEM
46.821. Approved materials to be used in plumbing systems. 46.822. Design, construction and installation of plumbing systems. 46.823. Numbers and capacities of plumbing facilities. 46.824. Location and placement of plumbing facilities. 46.825. Operation and maintenance of plumbing facilities. WATER TANK AND MOBILE FOOD FACILITY WATER TANK
46.841. Materials used in construction of water tanks and mobile food facility water tanks. 46.842. Design and construction of water tanks and mobile food facility water tanks. 46.843. Numbers and capacities of water tanks and mobile food facility water tanks. 46.844. Operation and maintenance of water tanks and mobile food facility water tanks. SEWAGE, OTHER LIQUID WASTE AND RAINWATER
46.861. Capacity and drainage of a sewage holding tank in a mobile food facility. 46.862. Retention, drainage and delivery of sewage, other liquid waste and rainwater. 46.863. Disposal of sewage and nonsewage. REFUSE, RECYCLABLES AND RETURNABLES
46.881. Storage areas and receptacles for refuse, recyclables and returnables: materials, design, construction and installation. 46.882. Storage areas and receptacles for refuse, recyclables and returnables: numbers and capacities. 46.883. Location of storage areas, redeeming machines, receptacles and waste handling units. 46.884. Operation and maintenance of storage areas, redeeming machines, receptacles and waste handling units. 46.885. Removal of refuse, recyclable and returnables. 46.886. Facilities for disposal and recycling refuse, recyclables and returnables.
WATER § 46.801. Sources of drinking water.
Drinking water shall be obtained from an approved source that is either of the following:
(1) A public water system.
(2) A nonpublic water system that is constructed, maintained and operated in accordance with 25 Pa. Code Chapter 109 (relating to safe drinking water). For the purpose of approval of a nonpublic water system that serves a food facility, a nonpublic water system shall be required to conform to the construction, maintenance and operation requirements established for a transient noncommunity water system as defined in 25 Pa. Code Chapter 109.
§ 46.802. Drinking water system flushing and disinfection.
A drinking water system shall be flushed and disinfected before being placed in service after construction, repair or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system. A food facility shall obtain verification that the water meets the quality standards for public drinking water established in 25 Pa. Code Chapter 109 (relating to safe drinking water) before placing a drinking water system in service, and shall retain that verification and provide it to the Department upon request.
§ 46.803. Bottled drinking water.
Bottled drinking water used or sold in a food facility shall be obtained from approved sources in accordance with 25 Pa. Code Chapter 109 (relating to safe drinking water).
§ 46.804. Quality of water.
(a) Standards for drinking water. Except as specified in subsection (b), water obtained from either a public water system or a nonpublic water system for use in a food facility shall meet the quality standards for public drinking water established in 25 Pa. Code Chapter 109 (relating to safe drinking water).
(b) Nondrinking water.
(1) A nondrinking water supply shall be used only if approved by the Department.
(2) Nondrinking water shall be used only for nonculinary purposes such as air conditioning, nonfood equipment cooling, fire protection and irrigation.
(c) Sampling of water from nonpublic water systems. Except when used as nondrinking water as specified in subsection (b), water from a nonpublic water system shall be sampled and tested for contamination at the same frequency and for the same contaminants as established in 25 Pa. Code Chapter 109 for a transient noncommunity public water system that serves 25 people daily. All analytical work must be performed in accordance with 25 Pa. Code Chapter 109.
(d) Sample report for nonpublic water system to be retained at food facility. If a food facility receives all of its drinking water from a nonpublic water system, the results from all required self-monitoring samples collected during the previous 12 months or, if less frequent than annual monitoring is approved by the Department for the facility, the most recent sample report for the nonpublic water system shall be retained on file in the food facility. Food facilities that use a Department of Environmental Protection approved self-contained public water system shall maintain test result records in accordance with 25 Pa. Code Chapter 109.
§ 46.805. Quantity and availability of water: capacity and pressure.
(a) Capacity.
(1) The water source and system shall be of sufficient capacity to meet the peak water demands of the food facility.
(2) Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the food facility.
(b) Pressure. Water under pressure shall be provided to all fixtures, equipment and nonfood equipment that are required to use water. However, water supplied as specified in § 46.806(b)(1) and (2) (relating to distribution, delivery and retention of water) to a temporary food facility or in response to a temporary interruption of a water supply need not be under pressure.
§ 46.806. Distribution, delivery and retention of water.
(a) Delivery system. Water shall be received from the source through the use of one or more of the following:
(1) A properly constructed and maintained service connection or lateral from a public water system that is approved by the Department of Environmental Protection in accordance with 25 Pa. Code Chapter 109 (relating to safe drinking water).
(2) One or more of the following that shall be constructed, maintained and operated in accordance with 25 Pa. Code Chapter 109:
(i) Nonpublic water main, water pumps, pipes, hoses, connections and other appurtenances.
(ii) Water transport vehicles.
(iii) Water containers.
(b) Alternative water supply. Water meeting the applicable requirements in §§ 46.801--46.805 and subsection (a) shall be made available for a mobile food facility, for a temporary food facility without a permanent water supply and for a food facility with a temporary interruption of its water supply through one or more of the following sources:
(1) A supply of containers of commercially bottled drinking water.
(2) One or more closed portable water containers.
(3) An enclosed vehicular water tank.
(4) An on-premises water storage tank.
(5) Piping, tubing or hoses connected to an adjacent approved source.
PLUMBING SYSTEM § 46.821. Approved materials to be used in plumbing systems.
(a) Approved materials required. A plumbing system and hoses conveying water shall be constructed and repaired with approved materials according to Chapter 3 of the Pennsylvania Construction Code Act (35 P. S. §§ 7210.301--7210.304).
(b) Safe materials for water filters. A water filter shall be made of safe materials.
§ 46.822. Design, construction and installation of plumbing systems.
(a) Approved system and cleanable fixtures.
(1) A plumbing system shall be designed, constructed and installed according to Chapter 3 of the Pennsylvania Construction Code Act (35 P. S. §§ 7210.301--7210.304).
(2) A plumbing fixture such as a handwashing facility, toilet or urinal shall be easily cleanable.
(b) Handwashing facility: installation.
(1) A handwashing sink shall be equipped to provide water at a temperature of at least 38°C (100°F) through a mixing valve or combination faucet.
(2) A steam mixing valve may not be used at a handwashing sink.
(3) A self-closing, slow-closing or metering faucet shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet.
(4) An automatic handwashing facility shall be installed in accordance with manufacturer's instructions.
(c) Air gap requirement for backflow prevention. An air gap between the water supply inlet and the flood level rim of the plumbing fixture, equipment or nonfood equipment shall be at least twice the diameter of the water supply inlet and may not be less than 25 mm (1 inch).
(d) Design standard for backflow prevention device. A backflow or backsiphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering standards for construction, installation, maintenance, inspection and testing for that specific application and type of device.
(e) Design of conditioning device. A water filter, screen and other water conditioning device installed on water lines shall be designed to facilitate disassembly for periodic servicing and cleaning. A water filter element shall be of the replaceable type.
§ 46.823. Numbers and capacities of plumbing facilities.
(a) Handwashing facilities for employees and consumers.
(1) Except as specified in paragraphs (2) and (3), at least one handwashing sink--and a number of handwashing sinks necessary for their convenient use by employees in areas specified in § 46.824(a) (relating to location and placement of plumbing facilities)--shall be provided.
(2) If approved by the Department and capable of removing the types of soils encountered in the food operations involved, automatic handwashing facilities may be substituted for handwashing sinks in a food facility that has at least one handwashing sink.
(3) If approved by the Department, when food exposure is limited to prepackaged foods and handwashing sinks are not conveniently available, such as in some temporary food facilities or at some vending machine locations, employees may use chemically treated towelettes for handwashing.
(4) At least one handwashing sink and a number of handwashing sinks necessary for the convenient use by consumers shall be provided in food facilities which allow consumption of food on the food facility premises. Handwash sinks for consumers shall be located in easily accessible areas and as required in § 46.824(a)(2), but may not require access through food preparation, food dispensing, food, equipment and utensil storage areas, or warewashing areas.
(b) Toilets and urinals. At least one toilet and not fewer than the toilets (and urinals, if used) required by the Department of Labor and Industry shall be provided.
(c) Utility sink. At least one utility sink or one curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste.
(d) Backflow prevention device: when required. A plumbing system shall be installed to preclude backflow of a solid, liquid or gas contaminant into the water supply system at each point of use at the food facility, including on a hose bib if a hose is attached, or on a hose bib if a hose is not attached but can be attached, by an approved backflow prevention device as specified in § 46.822(d) (relating to design, construction and installation of plumbing systems).
(e) Backflow prevention device on carbonators. If not provided with an air gap as specified in § 46.822(c), a double check valve with an intermediate vent preceded by a screen of not less than 100 mesh to 25.4mm (100 mesh to 1 inch) shall be installed upstream from a carbonating device and downstream from any copper in the water supply line. A single or double check valve attached to the carbonator need not be of the vented type if an air gap or vented backflow prevention device has been otherwise provided.
§ 46.824. Location and placement of plumbing facilities.
(a) Handwashing facilities. A handwashing facility shall be located as follows:
(1) In food preparation, food dispensing and warewashing areas to allow convenient use by employees.
(2) In, or immediately adjacent to, toilet rooms.
(b) Location of backflow prevention device. A backflow prevention device shall be located so that it can be serviced and maintained.
(c) Location of conditioning device. A water filter, screen and other water-conditioning device installed on water lines shall be located to facilitate disassembly for periodic servicing and cleaning.
§ 46.825. Operation and maintenance of plumbing facilities.
(a) Using a handwashing facility.
(1) A handwashing facility shall be maintained so that it is accessible at all times for employee use.
(2) A handwashing facility may not be used for purposes other than handwashing.
(3) An automatic handwashing facility shall be used in accordance with manufacturer's instructions.
(b) Cross connection prohibited.
(1) Except for firefighting, a person may not create a cross connection by connecting a pipe or conduit between the drinking water system and a nondrinking water system or a water system of unknown quality.
(2) The piping of a nondrinking water system shall be durably identified so that it is readily distinguishable from piping that carries drinking water.
(c) Scheduling inspection and service for a water system device. A device such as a water treatment device or backflow preventer shall be scheduled for inspection and service, in accordance with manufacturer's instructions and as necessary to prevent device failure based on local water conditions, and records demonstrating inspection and service shall be maintained by the person in charge.
(d) Cleaning the water reservoir of water devices such as fogging devices.
(1) A reservoir that is used to supply water to a device such as a produce fogger shall be both of the following:
(i) Maintained in accordance with manufacturer's specifications.
(ii) Cleaned in accordance with manufacturer's specifications or according to the procedures specified in paragraph (2), whichever is more stringent.
(2) Cleaning procedures shall include at least the following steps and shall be conducted at least once a week:
(i) Draining and complete disassembly of the water and aerosol contact parts.
(ii) Brush-cleaning the reservoir, aerosol tubing and discharge nozzles with a suitable detergent solution.
(iii) Flushing the complete system with water to remove the detergent solution and particulate accumulation.
(iv) Rinsing by immersing, spraying or swabbing the reservoir, aerosol tubing and discharge nozzles with at least 50 mg/L (ppm) hypochlorite solution.
(e) System maintained in good repair. A plumbing system shall be repaired according to Chapter 3 of the Pennsylvania Construction Code Act (35 P. S. §§ 7210.301--7210.304), and shall be maintained in good repair.
WATER TANK AND MOBILE FOOD FACILITY WATER TANK § 46.841. Materials used in construction of water tanks and mobile food facility water tanks.
Materials that are used in the construction of a water tank, mobile food facility water tank and appurtenances shall be all of the following:
(1) Safe materials.
(2) Durable, corrosion-resistant and nonabsorbent.
(3) Finished to have a smooth, easily cleanable surface.
§ 46.842. Design and construction of water tanks and mobile food facility water tanks.
(a) Requirement: enclosed system sloped to drain. A water tank shall be the following:
(1) Enclosed from the filling inlet to the discharge outlet.
(2) Sloped to an outlet that allows complete drainage of the tank.
(b) Requirement: inspection and cleaning port protected and secured. If a water tank is designed with an access port for inspection and cleaning, the opening shall be in the top of the tank and both of the following:
(1) Flanged upward at least 13 mm (1/2 inch).
(2) Equipped with a port cover assembly that is both of the following:
(i) Provided with a gasket and a device for securing the cover in place.
(ii) Flanged to overlap the opening and sloped to drain.
(c) ''V'' type threads: use limitation. A fitting with ''V'' type threads on a water tank inlet or outlet shall be allowed only when a hose is permanently attached.
(d) Requirement: tank vent protected. If provided, a water tank vent shall terminate in a downward direction and shall be covered with the following, as applicable:
(1) 16 mesh to 25.4 mm (16 mesh to 1 inch) screen or equivalent when the vent is in a protected area.
(2) A protective filter when the vent is in an area that is not protected from windblown dirt and debris.
(e) Requirement: inlet and outlet sloped to drain. A water tank and its inlet and outlet shall be sloped to drain, and a water tank inlet shall be positioned so that it is protected from contaminants such as waste discharge, road dust, oil or grease.
(f) Hose: construction and identification. A hose used for conveying drinking water from a water tank shall be all of the following:
(1) Constructed of safe materials.
(2) Durable, corrosion-resistant and nonabsorbent.
(3) Resistant to pitting, chipping, crazing, scratching, scoring, distortion and decomposition.
(4) Finished with a smooth interior surface.
(5) Clearly and durably identified as to its use if not permanently attached.
§ 46.843. Numbers and capacities of water tanks and mobile food facility water tanks.
(a) Filter requirement where compressed air pressurizes the water tank system. A filter that does not pass oil or oil vapors shall be installed in the air supply line between the compressor and drinking water system when compressed air is used to pressurize the water tank system.
(b) Protective cover or device. A cap and keeper chain, closed cabinet, closed storage tube or other approved protective cover or device shall be provided for a water inlet, outlet and hose.
(c) Mobile food facility tank inlet. A mobile food facility's water tank inlet shall be both of the following:
(1) 19.1 mm (3/4 inch) in inner diameter or less.
(2) Provided with a hose connection of a size or type that will prevent its use for any other service.
§ 46.844. Operation and maintenance of water tanks and mobile food facility water tanks.
(a) System flushing and disinfection. A water tank, pump and hoses shall be flushed and sanitized before being placed in service after construction, repair, modification and periods of nonuse.
(b) Preventing backflow while using a pump and hoses. A person shall operate a water tank, pump and hoses so as to prevent backflow and other contamination of the water supply.
(c) Protecting inlet, outlet and hose fitting. If not in use, a water tank and hose inlet and outlet fitting shall be protected using a cover or device as specified in § 46.843(b) (relating to numbers and capacities of water tanks and mobile food facility water tanks).
(d) Tank, pump and hoses, dedication. A water tank, pump and hoses used for conveying drinking water shall be used for no other purpose, except that water tanks, pumps and hoses approved for liquid foods may be used for conveying drinking water if they are cleaned and sanitized before they are used to convey water.
SEWAGE, OTHER LIQUID WASTE AND RAINWATER § 46.861. Capacity and drainage of a sewage holding tank in a mobile food facility.
A sewage holding tank in a mobile food facility shall be both of the following:
(1) Sized 15% larger in capacity than the water supply tank.
(2) Sloped to a drain that is 25 mm (1 inch) in inner diameter or greater, equipped with a shut-off valve.
§ 46.862. Retention, drainage and delivery of sewage, other liquid waste and rainwater.
(a) Facility drainage system. Food facility drainage systems, including grease traps, that convey sewage shall be designed and installed as specified in § 46.822(a) (relating to design, construction and installation of plumbing systems).
(b) Backflow prevention.
(1) Except as specified in paragraphs (2) and (3), a direct connection may not exist between the sewage system and a drain originating from equipment in which food, portable equipment or utensils are placed.
(2) If allowed under Chapter 3 of the Pennsylvania Construction Code Act (35 P. S. §§ 7210.301--7210.304), a warewashing machine may have a direct connection between its waste outlet and a floor drain when the machine is located within 1.5 m (5 feet) of a trapped floor drain and the machine outlet is connected to the inlet side of a properly vented floor drain trap.
(3) If allowed under Chapter 3 of the Pennsylvania Construction Code Act, a warewashing or culinary sink may have a direct connection.
(c) Grease trap. If used, a grease trap shall be located to be easily accessible for cleaning.
(d) Conveying sewage. Sewage shall be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses and connections that are constructed, maintained and operated according to Chapter 3 of the Pennsylvania Construction Code Act and section 7 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.7).
(e) Removing mobile food facility wastes. Sewage and other liquid wastes shall be removed from a mobile food facility at an approved waste servicing area or by a sewage transport vehicle in a way so that a public health hazard or nuisance is not created.
(f) Flushing a waste retention tank. A tank for liquid waste retention shall be thoroughly flushed and drained in a sanitary manner during the servicing operation.
§ 46.863. Disposal of sewage and nonsewage.
(a) Disposal of sewage. Sewage shall be disposed through an approved facility that is either of the following:
(1) A public sewage treatment plant.
(2) An individual sewage disposal system that is sized, constructed, maintained, and operated according to section 7 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.7)
(b) Other liquid wastes and rainwater. Condensate drainage and other nonsewage liquids and rainwater shall be drained from point of discharge to disposal according to Chapter 3 of the Pennsylvania Construction Code Act (35 P. S. §§ 7210.301--7210.304).
REFUSE, RECYCLABLES AND RETURNABLES § 46.881. Storage areas and receptacles for refuse, recyclables and returnables: materials, design, construction and installation.
(a) Indoor storage area. If located within the food facility, a storage area for refuse, recyclables and returnables shall meet the requirements specified in §§ 46.901, 46.921 and 46.922(e) and (f) (relating to indoor areas of food facilities: surface characteristics; cleanability of floors, walls and ceilings; and functionality of various physical facilities of a food facility).
(b) Outdoor storage surface. An outdoor storage surface for refuse, recyclables and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be smooth, durable and sloped to drain.
(c) Outdoor enclosure. If used, an outdoor enclosure for refuse, recyclables and returnables shall be constructed of durable and cleanable materials.
(d) Receptacles. Receptacles and waste handling units for refuse, recyclables and returnables and for use with materials containing food residue shall be durable, cleanable, insect- and rodent-resistant, leakproof and nonabsorbent. Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the food facility, or within closed outside receptacles.
(e) Receptacles in vending machines. A refuse receptacle may not be located within a vending machine, except that a receptacle for beverage bottle crown closures may be located within a vending machine.
(f) Outside receptacles.
(1) Receptacles and waste handling units for refuse, recyclables and returnables used with materials containing food residue and used outside the food facility shall be designed and constructed to have tight-fitting lids, doors or covers.
(2) Receptacles and waste handling units for refuse and recyclables such as an onsite compactor shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.
§ 46.882. Storage areas and receptacles for refuse, recyclables and returnables: numbers and capacities.
(a) Storage areas, rooms and receptacles: capacity and availability.
(1) An inside storage room and area and outside storage area and enclosure, and receptacles shall be of sufficient capacity to hold refuse, recyclables and returnables that accumulate.
(2) A receptacle shall be provided in each area of the food facility or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.
(3) If disposable towels are used at handwashing sinks, a waste receptacle shall be located at each sink or group of adjacent sinks.
(b) Toilet room receptacle for sanitary napkins. A toilet room used by females shall be provided with a covered receptacle for sanitary napkins.
(c) Cleaning implements and supplies. Suitable cleaning implements and supplies (such as high-pressure pumps, hot water, steam and detergent) shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables and returnables, except that approved off-premises-based cleaning services may be used if on-premises cleaning implements and supplies are not provided.
§ 46.883. Location of storage areas, redeeming machines, receptacles and waste handling units.
(a) General requirement. An area designated for refuse, recyclables, returnables and--except as specified in subsection (b)--a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens and single-service and single-use articles and a public health hazard or nuisance is not created.
(b) Exception for redeeming machine. A redeeming machine may be located in the packaged food storage area or consumer area of a food facility if food, equipment, utensils, linens and single-service and single-use articles are not subject to contamination from the machines and a public health hazard or nuisance is not created.
(c) Receptacles. The location of receptacles and waste handling units for refuse, recyclables and returnables may not create a public health hazard or nuisance or interfere with the cleaning of adjacent space.
§ 46.884. Operation and maintenance of storage areas, redeeming machines, receptacles and waste handling units.
(a) Storing refuse, recyclables and returnables. Refuse, recyclables and returnables shall be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.
(b) Keeping areas, enclosures and receptacles in good repair. Storage areas, enclosures and receptacles for refuse, recyclables and returnables shall be maintained in good repair.
(c) Outside storage prohibitions.
(1) Except as specified in paragraph (2), refuse receptacles not meeting the requirements specified in § 46.881(d) (relating to storage areas and receptacles for refuse, recyclables and returnables: materials, design, construction and installation) (such as receptacles that are not rodent-resistant, unprotected plastic bags and paper bags, or baled units that contain materials with food residue) may not be stored outside.
(2) Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.
(d) Covering receptacles. Receptacles and waste handling units for refuse, recyclables and returnables shall be kept covered as follows:
(1) Inside the food facility if the receptacles and units are filled or contain food residue and are not in continuous use.
(2) With tight-fitting lids or doors if kept outside the food facility.
(e) Using drain plugs. Drains in receptacles and waste handling units for refuse, recyclables and returnables shall have drain plugs in place.
(f) Maintaining refuse areas and enclosures. A storage area and enclosure for refuse, recyclables or returnables shall be maintained free of unnecessary items, as specified in § 46.981(n) (relating to premises, structures, attachments and fixtures: methods), and clean.
(g) Cleaning receptacles.
(1) Receptacles and waste handling units for refuse, recyclables and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens or single-service and single-use articles, and waste water shall be disposed of as specified in § 46.862(e) (relating to retention, drainage and delivery of sewage, other liquid waste and rainwater).
(2) Soiled receptacles and waste handling units for refuse, recyclables and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents.
§ 46.885. Removal of refuse, recyclable and returnables.
(a) Frequency. Refuse, recyclables and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.
(b) Receptacles or vehicles. Refuse, recyclables and returnables shall be removed from the premises by way of either of the following:
(1) Portable receptacles adequately constructed and maintained to contain the refuse, recyclables or returnables placed therein.
(2) A transport vehicle adequately constructed and maintained to contain the refuse, recyclables or returnables transported therein.
§ 46.886. Facilities for disposal and recycling refuse, recyclables and returnables.
Solid waste not disposed of through the sewage system such as through grinders and pulpers shall be recycled or disposed of in an approved public or private community recycling or refuse facility or solid waste shall be disposed of in an individual refuse facility such as a lawfully-operated landfill or incinerator.
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