POHNPEI EPA FOOD STORE REGULATIONS
1.1 Authority. These regulations are promulgated under the joint authority of the Governor and the Pohnpei Environmental Protection Agency (pursuant to S.L. No. 3L-26-92, and all amendments); and pursuant to the procedures set out in S.L. No. 2L-12-80.
1.2 Purpose. The purpose of these regulations is to provide minimum requirements for the protection of the life, health, safety, and welfare of the general public. These regulations shall be liberally construed and applied to promote the underlying purpos of protecting the public health in a safe and economically feasible manner.
1.3 Captions. Sections and other captions are part of these regulations.
For the purpose of these regulations:
(a) "Corrosion-Resistant Materials" means those materials that maintain their original surface qualities under the prolonged influence of foods, the normal use of cleaning compounds and sanitizing solutions, and other conditions of use within the food sore that may be reasonably expected during normal use.
(b) "EPA" means the Pohnpei Environmental Protection Agency.
(c) "Easily Cleanable" means those surfaces which are readily accessible and made of such material and finish and so fabricated that residue may be effectively removed by normal cleaning methods.,
(d) "Employee" means the permit holder or any person, including any per6on having supervisory or management duties, paid or unpaid, working in a food store who transports food or food containers, who engages in food preparation or service, or who comes in contact with any food utensils or equipment.
(e) "Equipment" means slicers, meat blocks, tables, counters, refrigerators, warewashing machines, ice makers, and similar items, other than utensils, used in the operation of a food store.
(f) "Expiration Date" means that date which is stamped on a product which indicates the time period by which a product should be used or consumed.
(g) "Food" means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human or animal consumption.
(h) "Food Contact Surfaces" means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip, or splash back onto surfaces which normally come in contact with food.
(i) "Food Processing Establishment" means a commercial establishment in, which food is manufactured or packaged for human or animal consumption. The term does not include a food service establishment or'food store.
(j) "Food Shore" means any establishment, whether fixed or mobile which is engaged in the business of selling or buying food, including but not limited to: grocery, meat, fish and poultry markets, fruit or vegetable markets; wholesale markets; vending machines', ice plants, public markets, food warehouses; and places where'food and food products are offered for sale to the ultimate consumer for off-premises consumption. The term "Food Store" shall also include any warehouse facility, under the administrative control or lease of a food store, which is used for the storage Of the food stores food and food products, and any vehicle owned by that food store which is used to transport food and food products. This definition does not include restaurants, bakeries or any other entity otherwise governed by the EPA Restaurant Regulations.
(k) "Hermetically Sealed Container" means to be sealed in such a way as to be secured against the entry of microorganisms or other contaminants, and to maintain the commercial sterility of its contents after processing.
(l) "Kitchenware" means all multi-use utensils.
(m) "Misbranded" means the presence of any written, printed, or graphic matter, upon or accompanying food or containers of food, which is false or misleading, or which violates any legal labeling requirements.
(n) "Packaged" means bagged, bottled, boxed, canned, cartoned, or securely wrapped.
(o) "Permit" means an annual food store permit issued annually by the Pohnpei State EPA.
(p) "Person" means any government entity, any public or private institution, corporation, partnership, joint venture, association, firm or company, any lessee or other occupant of property, and any individual acting singly or as part of a group.
(q) "Person in Charge" means the individual present in a food store who is the actual or apparent supervisor of the food store at the time of inspection. if no individual is the actual or apparent supervisor, then the most senior employee present shall be considered to be the person in charge.
(r) "Potentially Hazardous Food" means any food that consist in whole or in part, of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustaceans, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include: clean, whole uncracked, odor-free shell eggs; foods which have a pH level of 4.5 or below, or a water activity (Aw) value of 0.85 or less under standard conditions; food products in hermetically sealed containers; or dehydrated, dry, or powdered food products so low in moisture content as to preclude growth of microorganisms.
(s) "Reconstituted" means recombining dehydrated food products with water or other liquids.
(t) "Regulatory Authority" means the Pohnpei State EPA.
(u) "Safe Materials" means articles manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component orotherwise affecting the characteristics of any food. If the materials used consist of food additives as defined in the FSM National Government Food Act, they are "safe" only if they are used in conformity with regulations established pursuant to the FSM National Government Food Act.
(v) "Safe Temperature" as applied to potentially hazardous food, shall mean temperatures of forty-five degrees Fahrenheit (F) or below, and one hundred forty degrees Fahrenheit (F) or above.
(w) "Sanitization" means effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce bacterial count including other pathogens, to a safe level on the cleaned food contact surfaces of utensils and equipment.
(x) "Sealed" means free of cracks or other openings that permit the entry or passage of moisture, liquids, gas, or vermin.
(y) "Single Service Articles" means cups, containers, lids and packaging materials, including bags and similar articles intended for use in contact with food, that are designed for onetime use and then discarded.
(z) "Transportation or Transported" means delivery of food from, and or to a retail food store.
(aa) "Utensils" means any implement used in the storage, preparation, transportation or dispensing of food.
(bb) "Vermin" means insects, rodents, and any other animal which has the potential to spread contamination onto food.
(cc) "Warewashing" means the cleaning and sanitization of the food contact surfaces of all equipment and utensils.
(dd) "Wholesome" means in sound condition, clean, free from adulteration, and otherwise suitable for human and or animal consumption.
3.1 General. Food shall be in sound condition, free from spoilage, filth, or other contamination, and shall be safe for human and animal consumption.
3.2 Expired Food. No person may sell, or use any food or packages containing food for human consumption which is marked with an expiration date which has expired. It shall be the responsibility of the food store to remove all expired items from places where food and food products are offered for sale for human consumption.
3.3 Misbranded Food. No person may sell, or use any food or packages containing food for human consumption which is misbranded or whose expiration date has been altered, removed, or obscured.
3.4 Animal Food. Food that is unfit for human consumption but that is otherwise safe for animal consumption may be sold for animal consumption provided that such food shall be separated from food fit for humans, and clearly marked with the words: "Animal food, not fit for human consumption" in both English and Pohnpeian.
3.5 Special Requirements.
(a) Milk and milk products used or sold shall be pasteurized or sterilized and shall meet any and all quality standards as established by national law or regulations. Dry milk and dry milk products shall be made from pasteurized or sterilized milk and milk products.
(b) Fresh and frozen shucked shellfish (oysters, mussels, or clams) shall be packed in non-returnable packages identified with the name and address of the original shell stock processor, shucker-packer, or repacker. Shell stock and shucked shellfish shall be kept in the container in which they were received until they are used, sold or repacked in retail packages.
(c) Shell stock and shucked shellfish which is repacked shall be clearly marked with a retail package label indicating the lot number of the container they were taken from. The portion of the container that the shellfish was taken from that shows the identifying source information of the shell stock or shucked shellfish shall be retained for 30 days after the container is opened.
(d) Only clan shell eggs, without cracks or checks, and meeting applicable grade standards, or pasteurized liquid, frozen or dry eggs, or pasteurized dried products shall be used or sold.
(e) Only ice which has been manufactured from potable water and handled in a sanitary manner shall be used or offered for sale for human consumption. Ice offered for sale for human consumption shall be packaged in a clean sanitary manner.
4.1 General. At all times, including while being stored, prepared, displayed, dispensed, or transported, food shall be protected from p6tential contamination by all agents, including cross-contamination from foods, unsafe or foreign materials, vermin, unclean equipment and utensils, probe type price or identification tags, unnecessary handling, coughs and sneezes, flooding, drainage and overhead leakage or condensation.
(a) The temperature of potentially hazardous food shall be maintained at a safe temperature at all times, except as otherwise provided in these regulations.
(b) Food stock shall be properly rotated to ensure that food shall be in sound condition.
(c) Hermetically sealed packages shall be properly handled to maintain container integrity.
4.2 Emergency Occurrences. In the event of an occurrence such as fire, flood, power outage, earthquake, typhoon, or similar event, that creates a reasonable probability that the food in a food sore may have been contaminated, or which might prevent potentially hazardous food from being held at required temperatures, the person in charge shall immediately contact the EPA. Upon receiving notice of this occurrence, the EPA shall take whatever action deemed necessary to protect the public health.
(a) Food, whether raw or prepared, if removed from the container or pack age in which it was obtained, shall be stored in a clean, covered container except during necessary periods of preparation. Whole and unprocessed fresh, raw vegetables and fruits shall be exempted from this requirement. Container covers shall be impervious and non-absorbent. Solid cuts of meat shall be protected by covering with single service wrapping materials during storage, except that quarter cuts or sides of meat may be stored to hang freely and uncovered on clean, sanitized hooks or placed on clean, !sanitized metal racks in such a manner that will not allow the contamination of other foods in storage.
(b) Containers of food shall be stored a minimum of six inches above the floor in a manner that permits easy cleaning of the storage area, or on dollies, racks, or pallets, provided such equipment is easily movable either by hand or with the use of pallet-moving equipment that is available and used.
(c) Food and containers of food shall not be stored under exposed or unprotected sewer or water lines, except for automatic fire protection sprinkler heads that may be required by law.
(d) Packaged food shall not be stored in contact with water or undrained ice. Wrapped sandwiches shall not be stored in direct contact with ice.
(e) Bulk food shall be stored in a container identifying it by common name.
(f) Spoiled, damaged, returned, or detained (distressed) food items shall be stored separately and isolated from food in good condition.
(g) Food storage in toilet rooms, vestibules, and garbage or mechanical rooms is prohibited.
5.2 Refrigerated/Frozen Storage
(a) Enough conveniently located refrigeration facilities or effectively insuliated facilities shall be provided to assure the maintenance of potentially hazardous food at required
temperatures during storage. Each mechanically refrigerated facility storing potentially hazardous food shall be provided with a numerically scaled indicating thermometer, accurate to plus (+) or minus (-) 3 degrees F, located to measure the air temperature in the warmest part of the facility and so located as to be easily read. Recording thermometers, accurate to plus (+) or minus (-) 3 degrees F may be used in place of indicating thermometers.
(b) Potentiallv hazardous foods rectuirincr refriqerationafter preparation shall be rapidly cooled to an internal temperature of 4S degrees F or below. Potentially hazardous foods of large volume or prepared in large quantities shall be rapidly cooled utilizing such methods as shallow pans, agitation, quick chilling or water circulation external to the food container so that the cooling period shall not exceed four (4) hours. Potentially hazardous food to be transported shall be pre-chilled and held at a temperature of 45 degrees F or below unless maintained in accordance with Part 5.3 of these regulations. Clean, uncracked, odor-free shell eggs shall be refrigerated at an ambient temperature not to exceed 60 degrees F.
(c) Frozen foods shall be kept frozen and should be stored at an ambient temperature of 0 degrees F or below.
(d) Ice used as a cooling medium for food storage shall not be used or sold for human consumption.
5.3 Hot Food Storage
(a) Enough conveniently located hot food storage facilities shall be provided to assure the maintenance of food at the required temperature during storage. Each hot food storage facility storing potentially hazardous food shall be provided with a numerically scaled indicating thermometer, accurate to plus (+) or minus (-) 3 degrees F, located to measure the air temperature in the coolest part of the facility, and located to be easily read. Recording thermometers accurate to plus (+) or minus (-) 3 degrees F may be used in lieu of indicating thermometers. when it is impractical to install thermometers on equipment such as heat lamps, cal-rod units, or insulated food transport carriers, a product thermometer must be available arid used to check internal food temperature.
(b) The internal temperature of potentially hazardous foods requiring hot storage shall be 140 degrees F or above, except during necessary periods of preparation. Potentially hazardous food to be transported shall be held at a temperature of 140 degrees F or above unless maintained in accordance with Part 5.2 of these regulations.
(a) Food shall be prepared with the least possible manual contact, with suitable utensils, and on surfaces that prior to use have been cleaned, rinsed, and sanitized to prevent crosscontamination.
(b) Potentially hazardous foods that are in a form to be consumed without further cooking such as salads, sandwiches, and filled pastry products shall be prepared when possible from chilled products.
(c) Each time there is a change in processing between raw beef, raw pork, raw poultry or raw seafood, or a change in processing from raw to ready-to-eat foods, each new operation shall begin with food-contact surfaces and utensils which are clean and have been sanitized. Where practical salads and other ready-to-eat foods should be prepared in separate rooms or in areas that are separated by a barrier or open space from areas used for processing potentially hazardous raw products.
6.2 Raw Fruits and Vegetables. Raw fruits and raw vegetables that are cut or combined with other ingredients or otherwise processed into food products in a food store shall be thoroughly washed with potable water before being used.
6.3 Cooking Potentially Hazardous Foods. Potentially hazardous foods being processed within a food store and that require cooking shall be cooked to heat all parts of the food to a temperature of at least 140 degrees F, except that:
(a) Poultry, poultry stuffing, stuffed meats and stuffing containing meat, shall be cooked to heat all parts of the food to at least 165 degrees F with no interruption of the cooking process.
(b) Pork and products containing pork shall be cooked to heat all parts of the food to at least 150 degrees F. The use of microwave ovens in the preparation of pork is prohibited.
(c) When beef roasts under 10 pounds in weight are cooked in a still dry heat oven, the oven shall be preheated to and held at an air temperature of at least 350 degrees F throughout the process. If cooked in a convection oven, the oven shall be preheated to and held at an air temperature of at least 325 degrees F throughput the process. When beef roasts of 10 pounds or over in weight are cooked in a dry heat oven, the oven shall be preheated to and held at an air temperature of at least 250 degrees F throughout the process.
(d) The following table lists the minimum time and temperature needed for proper preparation of meat products described in section 6.3(c) above:
Minimum Holding Times for Beef Roasts at Various Minimum Internal Temperatures
Minimum Internal Temperature Minimum Holding
Degrees F Degrees C Time in Minutes
130 54.4 121
131 55.0 97
132 55.6 77
133 56.1 62
134 56.7 47
135 57.2 37
136 57.8 32
137 58.4 24
138 58.9 19
139 59.5 15
140 60.0 12
141 60.6 10
142 61.1 8
143 61.7 6
144 62.2 5
(e) Beef roasts, if cooked in a microwave oven, shall not be served rare because of the size and density of the product.
6.4 Bakery Product Fillings. Custards, cream fillings, including synthetics, and similar products shall meet the temperature requirement in Part 5.2(b) after preparation, during storage, transportation, and display. Synthetic filled products may be excluded from this requirement if:
(a) The food, including the interface between the bakery product and its fillings, has a pH level of 4.6 or below or a water activity (Aw) value of 0.85 or less under standard conditions; or
(b) It is handled in such a manner as to preclude contamination with and the growth of pathogenic microorganisms after heat processing; or
(c) other scientific evidence is on file with the EPA demonstrating that the specific product will not support the growth of pathogenic microorganisms.
(d) Synthetic filled products may be labeled to indicate that refrigeration is not required.
6.5 Dry Milk, Dry Eggs, Liquid Eggs and Frozen Eggs. When incorporated into finished products or reconstituted, dry milk products, dry eggs, dry egg products, liquid eggs and frozen eggs shall only be used if the finished products are heated to 140 degrees or above.
6.6 Reheating. Potentially hazardous foods that have been cooked and then refrigerated, shall be reheated rapidly to 165 degrees F or higher throughout before being placed in a hot food storage facility. Food warmers, and other hot food holding facilities shall not be used for the rapid reheating of potentially hazardous foods.
6.7 Product Thermometers. Metal stem-type numerically-scaled indicating thermometers, accurate to plus (+) or minus (-) 2 degrees F shall be provided and used to assure attainment and maintenance of proper internal cooking, holding or refrigeration temperatures of all potentially hazardous foods.
6.8 Thawing Potentially Hazardous Foods. Potentially hazardous food shall be thawed:
(a) In refrigerated units at a temperature not to exceed 45 degrees F; or
(b) In a microwave oven only when the food will be immediately transferred to conventional cooking units as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven; or
(c) As part of a continuous conventional cooking process.
7.1 Potentially Hazardous Foods. Potentially hazardous foods shall be kept at an internal temperature of 45 degrees F or below, or at an internal temperature of 140 degrees F or higher during display, except that rare roast beef offered for sale hot shall be held at a temperature of at least 130 degrees F.
7.2 Frozen Foods. Foods intended for sale in a frozen state shall be stored at an ambient temperature of 0 degrees F or below, with a tolerance of 10 degrees F for periods of time such as defrost cycles or loading or unloading. Frozen foods on display shall be stored below or behind product lines according to the cabinet manufacturer's specifications. Potentially hazardous foods which have been thawed shall not be refrozen.
7.3 Raw Fruits and Vegetables. Raw fruits and raw vegetables may be rinsed in clean vegetable sinks with potable water followed by adequate drainage prior to display for sale.
7.4 Food Display. Food on display, other than whole, unprocessed raw fruits and unprocessed raw vegetables, shall be protected from contamination by packaging, counter protector devices, display cases or similar equipment. All food shall be displayed a minimum of six inches above the floor. Enough hot or cold food facilities shall be available to maintain the required temperature of potentially hazardous food on display.
7.5 Dispensing Utensils. To avoid unnecessary manual contact with food, suitable dispensing utensils shall be used by employees or provided to consumers who serve themselves unpackaged bulk processed foods such as pickled products or dried foods. These dispensing utensils shall be:
(a) Stored in the food with the dispensing utensil handle extended out of the food; or
(b) Stored clean and dry; or
(c) Stored in running potable water.
7.6 Food Sample Demonstrations and Food Promotions. When food sample demon trations and food promotions are authorized in the food store, the person in charge shall ensure that such activities comply with the applicable sanitation provisions of these regulations.
8.1 General. During transportation, food other than hanging primal cuts, quarters, or sides of meat, and raw fruits and vegetables, and food utensils shall be kept in covered containers or completely wrapped or packaged so as to be protected from contamination. Foods in original individual packages do not need to be over-wrappeo or covered if the original package has not been torn or broken. During transportation, food shall meet all the requirements of these regulations relating to food protection and storage.
9.1 General. No person shall prepare food or handle potentially hazardous food in a food store if:
(a) They are infected with a disease in a communicable form that can be transmitted by exposure to foods; or
(b) They are affected with a boil or infected sore on the hands, arms, face, or neck areas; or
(c) They are affected with an acute respiratory infection if there is a possibility of such person contaminating food or food contact surfaces with pathogenic organisms, or transmitting disease to other persons.
9.2 Personal, Cleanliness. Employees shall thoroughly wash their hands and the exposed portions of their arms with soap or detergent and warm water before starting work, during work as often as often as is necessary to keep them clean, and after smoking, eating, using the toilet, handling trash, using wiping rags, before and after handling raw meat, poultry or seafood, or after any other activity which could potentially contaminate the hands or arms. Employees shall keep their fingernails trimmed and clean.
9.3 Clothing. Employees shall wear clean outer clothing. Employees shall use effective hair restraints where necessary to prevent the contamination of food or food-contact surfaces.
9.4 Employee Practices.
(a) Employees shall consume food only in designated areas located such that the contamination of food, equipment, or utensils will not occur.
(b) Employees shall not smoke or otherwise use tobacco while performing food handling operations, nor while in warewashing or in food preparation areas. Employees shall only use tobacco in designated areas located such that contamination of food, equipment, or utensils will not occur.
(c) When food is handled during a preparation process, all hand jewelry which cannot be adequately sanitized, and all insecure jewelry shall be removed.
(d) Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods in the a food store.
(a) General. Multi-use equipment and utensils shall be constructed and repaired with safe materials, including finishing materials, using safe methods; and shall be corrosion resistant, non-absorbent, smooth, easily cleanable, and durable under conditions of normal use. Single service articles shall be made from clean, sanitary, safe materials. Equipment, utensils, and single-service articles shall not impart odors, color or taste, or contribute to the contamination of food.
(b) Solder. If solder is used, it shall be composed of
safe materials and be corrosion resistant.
(c) Wood. Hard maple or equivalently non-absorbent materials that meets the general requirements set forth in Part 10.1(a) of these regulations, may be used for cutting bricks, cutting boards and bakers tables. The use of wood as a food-contact surface under other circumstances is prohibited except when used for storing shell nuts.
(d) Plastic and Rubber Materials. Safe plastics or safe rubber-like material that are resistant to scratching, scouring, decomposition, crazing, chipping, and distortion, and of sufficient weight and thickness to permit cleaning and sanitizing by normal warewashing methods, and which meet the general requirements set forth in Part 10.1(a) of these regulations, are permitted for repeated use.
(e) Single-Service. Re-use of single-service articles is prohibited.
(f) Cutting Surfaces. Scratching and scouring of cutting surfaces that interfere with effective cleaning and sanitization shall constitute violation of Parts 10.1(c) and (d).
10.2 Design and Fabrication.
(a) General. All equipment and utensils, including plastic ware, shall be designed and fabricated for durability and shall be resistant to denting, buckling, pitting, chipping, and crazing.
(1) Food-contact surfaces shall be easily cleanable, smooth, and free of breaks, open seams, cracks, chips, pits, and similar imperfections, and free of difficult-to-clean internal corners and crevices. Cast iron may be used as a food-contact surface only if the surface is used for cooking. Threads shall be designed to facilitate cleaning; ordinary "V" type threads are prohibited in food-contact surfaces, except that in equipment such as ice makers, hot oil cooking equipment, or hot oil filtering systems,, such threads shall be minimized.
(2) Equipment containing bearings and gears requiring unsafe lubricants shall be designed and constructed so that the lubricant cannot leak, drip or be forced into food or onto foodcontact surfaces. Only safe lubricants shall be used on equipment designed to receive lubrications of bearing and gears on or within food-contact surfaces.
(3) Sinks and drainboards shall be self draining.
(b) Accessibility. Unless designed for in-place cleaning, food contact surfaces shall be accessible for cleaning and inspection:
(1) without being disassembled; or
(2) By disassembling without the use of tools; or
(3) By easy disassembling with the use of only simple tools, such as mallets, screwdrivers, or open-ended wrenches which are kept near the equipment.
(c) In-Place Cleaning. Equipment designed for in-place cleaning shall be so designed and fabricated that:
(1) Cleaning and sanitizing solutions can be circulated throughout a fixed system using an effective cleaning and sanitizing regimen; and
(2) Cleaning and sanitizing solutions will contact all interior food-contact surfaces; and
(3) The system is self draining or capable of being completely evacuated.
(d) Pressure-Spray Cleaning. Fixed equipment designed and fabricated to be cleaned and sanitized by pressure spray methods shall have sealed electrical wiring, switches and connections.
(e) Thermometers. Indicating thermometers required for immersion into food or cooking media shall be of metal stem-type construction, numerically scaled, and accurate to plus (+) or minus (-) 2 degrees F.
(f) Non-Food-Contact Surfaces. Surfaces of equipment not intended for contact with food, but which are exposed to splash or food debris or which otherwise require frequent cleaning, shall be designed, and fabricated to be smooth, washable, free of unnecessary ledge, projections or crevices, and readily accessible for craning, and shall be constructed of such material and in such repair as to be easily maintained in a clean and sanitary condition.
(g) Ventilation Hoods. Ventilation hoods and devices, where required, shall be designed to prevent grease or condensation from collecting on walls and ceilings, and from dripping into food or onto foodLcontact surfaces. Filters or other grease extracting equipment shall be readily removable for cleaning and replacement if not designed to be cleaned in place.
(h) Existing Equipment. Equipment which was installed in a food store prior too the effective date of these regulations, and which does not. meet fully all of the design and fabrication requirements of this part, shall be deemed acceptable in a food store if it is in good repair, capable of being maintained in a sanitary condition, and the food-contact surfaces are non-toxic. Upon replacement, all equipment shall meet the requirements of these regulations
10.3 Equipment Installation and Location.
(a) General. Equipment, including ice makers and ice storage equipment, shall lot be located under exposed or unprotected sewer lines, or water lines that are leaking, open stairwells, or other sources of contamination. This requirement does not apply to automatic fire protection sprinkler heads that may be required by law.
(b) Table-Mounted Equipment.
(1) Table-mounted equipment shall be installed to facilitate the cleaning of equipment and adjacent areas.
(2) Equipment that is mounted on tables or counters, unless portable, hall be sealed to the table or counter or elevated on legs to provide at least a 4-inch clearance between the table or counter except that if no part of the table under the equipment is more than 18 inches from cleaning access, the
clearance space shall be 3 inches or more; or if no part of the table under the equipment is more than 3 inches from cleaning access, the clearance space shall be 2 inches or more.
(3) Equipment is portable within the meaning of part 10 . 3 (b) (2) above if:
(i) It is small and light enough to be moved easily by one person; anal
(ii) It has no utility connection, or has a utility connection that disconnects quickly, or has a flexible utility connection line of sufficient length to permit the equipment to be moved for easy cleaning; and
(iii) It is table-mounted, such as powered mixers, grinders, slicers, tenderizers, and similar equipment, and does not exceed 80 pounds or is equipped with a mechanical means of safely tilting the unit for cleaning.
(c) Floor-mounted Equipment.
(1) Floor-mounted equipment, unless easily movable, shall be:
(i) Sealed to the floor; or
(ii) Elevated on legs to provide at least 6 inches clearance between the floor and equipment, except that equipment may be elevated to provide at least a 4 inch clearance between the floor and equipment if no part of the floor under the equipment is more than 6 inches from cleaning access.
(iii) Display shelving units, display refrigeration units, and display freezer units will be exempt from the provision of Part 10.3(c)(1)(i) and (ii) above if they are installed so that the floor beneath the units can be cleaned.
(2) Equipment is easily movable if:
(i) It is mounted on wheels or casters; and
(ii) It has no utility connection or has a utility connection that disconnects quickly, or has a flexible utility line of sufficient length to permit the equipment to be moved for easy cleaning.
(3) Unless sufficient space is provided for easy cleaning between, behind, and above each unit of fixed equipment, the space between it and adjoining equipment units and adjacent walls or ceilings shall be not more than 1/32 inch and, if exposed to seepage, the space shall be sealed.
(d) Aisles and Working Spaces. Aisles and working spaces between units of equipment and between equipment and walls, shall be unobstructed and of sufficient width to permit employees to perform their duties readily without contamination of food or food-contact surfaces by clothing or personal contact. All easily movable storage equipment such as pallets, racks, and dollies shall be positioned to provide accessibility to working areas.
11.1 Equipment and Utensil Cleaning and Sanitization
(a) Cleaning Frequency.
(1) Utensils and food-contact surfaces of equipment shall be cleaned and sanitized after any interruption of operations during, which time contamination may have occurred; between processing raw pork, or raw poultry, or raw fish, and before processing any different kind of product; and between processing of raw and ready-to-eat food and food products; and after final use each working day.
(2) The food-contact surfaces of cooking devices and the cavities and door seals of microwave ovens shall be cleaned at least once a day; except that this shall not apply to hot oil cooking equipment and hot oil filtering equipment. The foodcontact surfaces of all cooking equipment shall be kept free of encrusted grease deposits and other accumulated soil.
(3) Non-food-contact surfaces of equipment, including all cargo areas of a transport vehicle, shall be cleaned as often as is necessary to keep the equipment free of accumulation of dust, dirt, food particles, and other debris.
(b) Wiping Cloths.
(1) Moist cloths or sponges used for wiping food spills on food-contact surfaces of equipment shall be clean and rinsed frequently in one of the sanitizing solutions permitted in part 11.1(c) of these regulations and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses.
(2) Most cloths or sponges used for cleaning non-food contact surfaces of equipment shall be cleaned and rinsed as specified in Part 11.1(b)(1) of these regulations and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses.
(3) Single-service disposable towels are permitted in lieu of wiping cloths or sponges provided that they must be discarded after each use.
(c) Manual Cleaning and Sanitizing.
(1) For manual washing, rinsing and sanitizing of utensils and equipment, a sink with not fewer than three compartments shall be provided and used. Sink compartments shall be large enough to permit the accommodation of equipment and utensils, and each compartment of the sink shall be supplied with hot and cold potable running water. Fixed equipment and utensils and equipment too large to be cleaned in sink compartments shall be washed manually or cleaned by pressure spray methods.
(2) Easily movable dish tables or drain boards of adequate size shall be provided for proper handling of soiled utensils prior to washing and for cleaned utensils following sanitizing and shall be located so as not to interfere with the proper use of the warewashing facilities.
(3) Equipment and utensils shall be pre-flushed or prescraped and, when necessary, presoaked to remove gross food particles and soil.
(4) Sinks shall be cleaned prior to use.
(5) The three compartment sink cleaning operation shall be conducted in the following sequences:
(i) Equipment and utensils shall be thoroughly washed in the first compartment with a hot detergent solution that is kept clean, with adequate scrubbing by hand to remove food and soil; and
(ii) Equipment and utensils shall be rinsed free of detergent and abrasives with clean water in the second compartment; and
(iii) Equipment and utensils shall be sanitized in the third compartment according to one of the methods included in part 11.1(c)(7)(i through (iv).
(6) when pressure spray methods are used for cleaning and sanitizing, the equipment and utensils shall be thoroughly flushed with detergent-sanitizer solutions until the article being cleaned is free of visible food particles and soil. The detergent-sanitizer shall be used in accordance with the manufacturer's instructions and shall be of the type that does not require a potable water rinse when used according to those instructions.
(7) The food-contact surfaces of all equipment and utensils shall bell sanitized by:
(i) Immersion for at least one-half minute in clean, hot water of a temperature of at least 170 degrees F; or
(ii) Immersion for at least one minute in a clean solution containing at least 50 parts per million (ppm) of available chlorine as hypochlorite and having a temperature of at least 75 degrees F; or
(iii) Immersion for at least one minute in a clean solution containing at least 12.5 ppm of available iodine and having pH not higher than 5.0 and a temperature of at least 75 degrees F; or
(iv) Immersion for at least one minute in a clean solution containing 200 ppm of a quaternary ammonium compound and having a temperature of at least 75 degrees F. The quarternary ammonium compound used shall have been compounded by the manufacturer to assure effectiveness in water up to 500 ppm hardness at use concentration;.
(v) Rinsing, spraying or swabbing with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under Part 11.1(c)(7)(ii) of these regulations in the case of equipment too large to sanitize by immersion.
(8) When hot water is used for sanitizing, the following facilities shall be provided and used:
(i) An integral heating device or fixture installed in, on, or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of at least 170 degrees F ; and
(ii) A numerically scaled indicating thermometer, accurate to plus (+) or minus (-) 3 degrees F, convenient to the sink for frequent checks of water temperature; and
(iii) Dish baskets of such size and design to permit complete immersion of utensils and equipment in the hot water.
(9) When chemicals are used for sanitization, they shall not have concentrations higher than the maximum permitted by these regulations, and a test kit or other device that accurately measures the parts per million concentration of the solution shall be provided and used.
(d) Mechanic Cleaning and Sanitizing. Cleaning and sanitizing may be done by spray-type or immersion warewashing machines or by of er type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils. These machines and devices shall be properly installed, operated and maintained in good repair.
(e) Drying. After sanitization, all equipment and utensils shall be air-dried. Towel drying shall not be permitted.
(f) Food Stores without Equipment and Utensil Cleaning Facilities. All food stores which do not have facilities for proper cleaning and sanitizing utensils and equipment shall not prepare or package food for sale, or dispense processed unpackaged foods.
11.2 Equipment and Utensil Handling and Storage.
(a) Handling. Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from contamination.
(1) Cleaned and sanitized utensils and equipment shall be stored at leas 6 inches above the floor in a clean, dry location in a way that protects them from contamination by splash, dust, or other means. The food-contact surfaces of fixed equipment shall also be protected from contamination. Equipment and utensils shall not be placed under exposed sewer lines, or water lines that are leaking or on which water has condensed, except for automatic fire protection sprinkler heads that may be required by law.
(2) Utensils shall be air dried before being stored or shall be stored in a self draining position.
(3) Stored utensils shall be covered or inverted, wherever practical.
(c) Single Service Articles.
(1) Single service articles shall be stored at least 6 inches above the floor in closed cartons or containers which protect them from contamination and shall not be placed under exposed sewer lines, or water lines that are leaking or on which water has condensed, except for automatic fire protection sprinkler heads that may be required by law.
(2) Single service articles shall be handled in a manner that prevents contamination of surfaces which may come in contact with food.
(d) Prohibited Storage Areas. The storage of food equipment, utensils or single-service articles in locker rooms, garbage rooms, mechanical rooms, toilet rooms, or vestibules is prohibited.
12.1 Water Supply
(a) General. Enough potable water for the needs of a food store shall be provided from a source constructed, maintained, and operated according to law.
(b) Transportation. All potable water not provided directly by pipe from the public water supply system to a food store shall be transported in a bulk water transport system and shall be delivered to a closed water system. Both of these systems shall be constructed, maintained, and operated according to law.
(c) Water Under Pressure. Water under pressure at the required temperatures shall be provided to all fixtures and equipment that uses water.
12.2 Sewage. All sewage, including liquid wastes from food or waste water shall be disposed of by a public sewerage system or by a sewage disposal system constructed and operated according to law. Non-water carried sewage disposal systems are prohibited, except as permitted by the EPA in remote areas or because of special situations.
(a) General. Plumbing shall be sized, installed, and maintained according to law. There shall be no cross-connection between the potable water supply and any non-potable or questionable water supply nor any source of pollution through which the potable water supply might become contaminated.
(b) Non-potable water Systems. Non-potable water systems are permitted only for purposes such as air-conditioning, equipment cooling systems and fire protection and only if the system is installed according to law and the non-potable water does not contact, directly or indirectly, food, potable water, equipment that contacts food, or utensils. The piping of any non-potable water system shall be durably identified so that it is readily distinguishable from piping that carries potable water.
(c) Backflow. The potable water system shall be installed to preclude the possibility of backflow. Devices shall be installed to protect against backflow and back-siphonage at all fixtures and equipment where an air-gap at least twice the diameter of the water system inlet is not provided between the water supply inlet and the fixture. s flood level rim. A hose shall not be attached to a faucet unless a backflow preventive device has been installed.
(d) Grease Traps. If used, grease traps shall be located to be easily accessible for cleaning, and installed and maintained so as not to create any nuisance.
(e) Garbage Grinders. If used, garbage grinders shall be installed and maintained so as not to create any nuisance.
(f) Drains. Except for properly trapped open sinks, there shall be no direct connection between the sewerage system and any drains originating from equipment in which food, portable equipment, or utensils are placed.
12.4 Toilet Facilities
(a) Toilet Installation. Toilet facilities shall be installed so that there is adequate number as required by law, conveniently located, and accessible to employees at all times. Separate toilet rooms shall be provided for male and female employees if five, or more persons of both sexes are employed.
(b) Toilet Design. Toilets and urinals shall be designed to be easily cleanable.
(c) Toilet Rooms. Except as provided by law, toilet rooms shall be completely enclosed and shall have tight-fitting solid doors which shall be kept closed except during cleaning or maintenance.
(d) Toilet Facility Maintenance. Toilet facilities, including fixture and vestibules shall be kept clean and in good repair. A supply of toilet tissue shall be made available at all times. Easily cleanable, durable, fire proof waste receptacles shall be provided for waste materials. Toilet rooms used by women shall have at least one covered waste receptacle.
12.5 Handwashing Facilities
(a) Handwashing Facility Installation. Hand washing facilities shall a adequate in number, shall be installed according to law, and shall be located to permit convenient use by all employees in food preparation and utensil washing areas. Hand washing facilities shall be accessible to employees at all times. Hand washing facilities shall also be located in or immediately adjacent to toilet rooms or vestibules. Sinks used for food preparation or for washing equipment or utensils shall not be used for handwashing or for any other purpose.
(b) Handwashing Facility Faucets. Each hand washing facility shall be provided with running water by means of a faucet. Any self-closing, slow-closing or metering faucet shall be designed to provide a flow of water for at least 15 seconds without the need to reactivate the faucet. Steam mixing valves are prohibited at hand washing facilities.
(c) Hand washing Supplies. A supply of hand-cleansing soap or detergent shall be available at each hand washing facility. A supply of sanitary towels or hand drying device providing heated air shall be conveniently located near each hand washing facility. Common towels including cloth roll towels, are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the hand washing facilities.
(d) Hand washing Facility Maintenance. Hand washing facilities, soap or detergent dispensers, hand-drying devices, and all related facilities shall be kept clean and in good repair.
12.6 Garbage land Refuse
(1) Garbage and refuse shall be kept in durable, easily cleanable, vermin-proof containers that do not leak or absorb liquids. Containers shall be of the type approved by law. Plastic bags and wet strength paper bags may be used to line these containers, and may be used for storage inside a food store.
(2) Containers used in food preparation and utensils washing areas shall be kept covered after they are filled, and during non-working hours.
(3) Containers stored outside a food store, including dumpsters, compactors and compactor systems shall be easily cleanable, shall be provided with tight-fitting lids, doors, or covers; and shall be kept covered when not in actual use. In containers designed with drains, drain plugs shall be in place at all times, except during cleaning.
(4) There shall be a sufficient number of containers to hold all the garbage and refuse that is accumulated by a food store.
(5) Soiled containers shall be cleaned at a frequency to prevent vermin attraction. Each container shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food equipment, utensils, or food preparation areas. Suitable facilities for cleaning containers shall be provided including hot water and detergent.
(6) Liquid waste resulting from refuse disposal and container cleanin operations shall be disposed of in the same manner as sewage
(1) Garbage and refuse on the premises shall be stored in a manner to make it inaccessible to vermin. Outside storage of non-vermin resistant containers, unprotected bags or wet strength paper bags or baled units containing garbage or refuse is prohibited. Cardboard, or other packaging material not containing garbage or food waste need not be stored in covered containers.
(2) Garbage or refuse storage rooms, if used, shall be constructed of easily cleanable, non-absorbent, washable materials, shall be kept clean, shall be vermin proof, and shall be large enough to store all refuse containers required before disposal.
(3) Outside storage areas or enclosures shall be large enough to store all the garbage and refuse containers used and shall be kept clean. Garbage and refuse containers, dumpsters, and compactor systems located outside, shall be stored on or above a smooth surface of non-absorbent material, such as concrete or machine-laid asphalt, that is kept clean and maintained in god repair.
(1) Garbage and refuse shall be disposed of often enough to preven the development of objectionable odors and the attraction of vermin.
(2) Where garbage or refuse is burned on the premises, it shall be done by controlled incineration in accordance with law. Areas aroun incineration facilities shall be kept clean and orderly.
12.7 Vermin Control
(a) General. Effective measures intended to minimize the entry, breeding and presence of vermin on the premises shall be utilized. The promises shall be kept in such condition as to prevent the harborage or feeding of vermin.
(b) Opening. Openings to the outside shall be effectively protected against the entrance of vermin by tight-fitting, self-closing doors, closed windows, screening, controlled air currents, or other means. Screen doors shall be self-closing, and screens for windows, doors, skylights, transoms, intake and exhaust air ducts, and other openings to the outside shall be tight-fitting and free of breaks. Screening materials shall be at least 16 mesh to the inch.
(a) Floor Construction.
(1) Except as specified in Part 13.2 below, floors and floor coverings of all food preparation, food storage and warewashing areas, and the floor of all walk-in refrigerators, dressing rooms, locker rooms, toilet rooms, vestibules shall be constructed of smooth, durable materials such as sealed concrete, terrazzo, ceramic tile, durable grades of linoleum or plastic, or tight-fitting wood impregnated with plastic, and shall be maintained in good repair. Nothing in this part shall prohibit the use of anti-slip floor covering in areas where necessary for safety reasons.
(2) Floors which are water flushed or which receive discharge of water or fluid wastes or are in areas where pressure spray methods for cleaning are used, shall be provided with properly installed trapped drains. Such floors shall be constructed only of sealed concrete, terrazzo, ceramic tile or similar materials and shall be graded in order to drain.
(3) In all new or extensively remodeled food stores utilizing concrete , terrazzo, ceramic tile or similar flooring materials, and where flush cleaning methods are used, the junctures between walls and floors shall be coved and sealed. In all other cases, the junctures between walls and floors shall not present an open seam of more than 1/32 inch.
(b) Floor Carpeting. Carpeting, if used as floor covering, shall be of closely woven construction, properly installed, easily cleanable and maintained in good repair. Carpeting is prohibited in food preparation and warewashing areas or in food storage areas; and in toilet room areas where urinals or toilet fixtures are located.
(c) Prohibited Floor Covering. The use of sawdust, wood shavings, or similar loose materials as a floor covering is prohibited, except where used as absorbents to immediately clean up spot spills.
(d) Mats and Duckboards. Mats and duckboards shall be of non-absorbent, grease resistant materials, and of such size, design, and construction to facilitate cleaning. Duckboards shall not be used as storage racks.
(e) Utility Line Installation. Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent floor clea ing. In all new or extensively remodeled food stores, installation of exposed horizontal utility service lines and pipes on the floor is prohibited.
13.2 Walls and Ceilings
(a) Construction. The walls, including non-supporting partitions, wall covering, and ceilings in walk-in refrigerators, food preparation areas, warewashing areas, toilet rooms and vestibules shall be light colored, smooth, non-absorbent and easily cleanable. Concrete block or similar materials used for interior wall construction in these locations shall be finished and sealed to provide an easily cleanable surface.
(b) Exposed Construction. Rafters, joists and studs shall not be exposed in those areas listed in Part 13.2 (a) of these regulations. If xposed in other rooms or areas, they shall be finished to provide an easily cleanable surface.
(c) Utility Line Installation. Utility service lines and pipes shall not be unnecessarily exposed on walls or ceilings in those areas listed in Part 13.2(a) of these regulations. Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the walls and ceilings.
(d) Maintenance. Walls and ceilings, including doors, windows, skylights, and similar closures, shall be maintained in good repair.
(e) Attachments. Light fixtures, vent covers, wall mounted fans, decorative materials, and other equipment attached to walls and ceilings shall be easily cleanable and shall be maintained in good repair.
(f) Covering Material Installation. Walls and ceiling materials shall be attached and sealed in a manner to be easily cleanable.
13.3 Cleaning Physical Facilities
(a) General. Cleaning of floors and walls, except emergency cleaning of floors, shall be done as often as necessary, but preferable when the least amount of food is exposed, such as after closing. Floors, mats, duckboards, walls, ceilings, and attached equipment and decorative materials shall be kept clean. Only dustless methods of cleaning floors and walls shall be used, such a vacuum cleaning, wet cleaning, or the use of dust-arresting sweeping compounds with brooms.
(b) Service Sinks. In new or extensively remodeled food stores, at least one service sink or curbed cleaning facility with a floor drain shall be provided and used for the cleaning of mops and wet floor cleaning tools, and for the disposal of mop water or similar liquid wastes. The use of handwashing or warewashing facilities or food preparation sinks for this purpose is prohibited.
(1) Permanently fixed artificial light sources shall be installed to provide at least 20 foot candles of light on all food preparation surfaces and at warewashing work levels.
(2) Permanently fixed light sources shall be installed to provide, at a distance of 30 inches from the floor:
(i) At least 20 foot candles of light in sales areas, utensil and equipment storage areas and in hand washing and toilet areas;
(ii) At least 10 foot candles of light in walk-in refrigerators, dry food storage areas, and in all other areas.
(b) Displayed Food. Displayed foods shall not be illuminated in such a manner as to alter their actual appearance.
(c) Protective Shielding.
(1) Shielding to protect against broken glass falling onto food shall be provided for all artificial lighting fixtures located over, by, or within food storage, preparation and display facilities, and facilities where utensils and equipment are cleaned and stored.
(2) Infrared or other heat lamps shall be protected against breakage by a shield surrounding and extending beyond the bulb, leaving only the face of the bulb exposed.
(a) General. All rooms shall have sufficient ventilation to keep them free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke and fumes. Ventilation systems shall be installed and operated according to law and, when vented to the outside, shall not create any unsightly, harmful, or unlawful discharge. Intake and exhaust air ducts shall be maintained to prevent the entrance of dust, dirt, and other contaminating materials.
(b) Special Ventilation. In new or extensively remodeled food stores, all rooms from which obnoxious odors, vapors, or fumes originate shall be mechanically vented to the outside as may be required.
13.6 Dressing Rooms and Locker Areas
(a) Dressing Rooms and Areas. If employees routinely change clothes within a food store, rooms or areas shall be designated and used for that purpose. These designated rooms or areas shall not be used for food preparation, storage, display, or for warewashing or storage of utensils and equipment.
(b) Lockers. Enough lockers or other suitable facilities shall be provided and used for the orderly storage of employees clothing and other belongings. Lockers or other suitable facilities may only be located in the designated dressing rooms or, in food storage rooms or areas containing only completely packaged food or packaged single service articles.
13.7 Poisonous or Toxic Materials
(a) Materials Permitted. Only those poisonous or toxic materials necessary for the maintenance of a food store, the cleaning and sanitization of equipment and utensils, and the control of vermin, shall be present in food stores, except those items being offered for sale as described in Part 13.7(g) below.
(b) Labeling of Materials. Containers of poisonous or toxic materials, shall be prominently and distinctly labeled according to law for easy identification of contents.
(c) Storage of Materials. Poisonous or toxic materials necessary for the maintenance of a food store consist of the following three categories:
(1) Insecticides and rodenticides.
(2) Detergents, sanitizers and related drying or cleaning agents.
(3) Caustics, acids, polishes and other chemicals.
Materials in each of these categories shall be stored and located in such a manner as to be physically separated from each other. All poisonous or toxic materials shall be stored in cabinets or in similar physically separated compartments or facilities used for no other purpose. To preclude potential contamination, poisonous or toxic materials shall not be stored above food, food equipment, utensils or single service articles, except that this requirement does not prohibit the convenient availability of detergent and sanitizers at warewashing facilities.
(d) Use of Materials.
(1) Sanitizers, cleaning compounds, or other compounds intended for use on food-contact surfaces shall not be used in a way that leaves a toxic residue on surfaces, nor in a way that constitutes a hazard to employees or other persons.
(2) Poisonous or toxic materials shall not be used in a way that contaminates food, equipment or utensils, nor in a way that constitutes hazard to employees or other persons, nor in a way other than in full compliance with the manufacturer's labeling.
(e) Personal Medications. Personal medications shall not be stored in food storage, preparation, or display areas.
(f) First Aid Supplies. First-aid supplies shall be stored in a way that prevents them from contaminating food and food-contact surfaces.
(g) Display of Materials. Poisonous or toxic materials offered for sale shall be segregated from food, and materials which come in contact with food or the human body.
(1) Food stores and all parts of the property used in connection with operations of a food store shall be kept free of litter.
(2) The walking and driving surfaces of all exterior areas of a food store shall be surfaced or effectively treated to facilitate maintenance and minimize dust. These surfaces shall be graded to prevent pooling of water.
(3) Articles which are unnecessary for the operation and maintenance of a food store shall not be stored on the premises, as they could be a threat to human health.
(4) The presence of unnecessary persons passing through or in the food preparation and warewashing areas is prohibited.
(b) Living Areas. No operation of a food store shall be conducted in any room used as living or sleeping quarters. Food store operations shall be separated from any living or sleeping quarters by complete partitioning and solid, self-closing, tightfitting doors.
(c) Laundry Facilities.
(1) If provided, laundry facilities in a food store shall be restricted to the washing and drying of linens, cloths, uniforms, and aprons necessary to the operation. If such items are laundered on the premises, an electric or gas dryer shall be provided and used.
(2) Separate rooms shall be provided for laundry facilities except that such operations may be conducted in storage areas containing only packaged foods or packaged single service articles.
(d) Linens and work Clothes Storage.
(1) Clean work clothes and linens shall be stored in a clean place and protected from contamination until used.
(2) Soiled clothes and linens shall be kept in nonabsorbent containers or washable laundry bags until removed for laundering and shall be stored to prevent contamination of food equipment and utensils.
(e) Cleaning Equipment Storage. Maintenance and cleaning tools such as brooms, mops, vacuum cleaners and similar equipment shall be maintained and stored in a way that does not contaminate food utensils, equipment, or linens and shall be stored in an orderly manner to facilitate the cleaning of that storage location.
(1) Live animals shall be excluded from within a food store's operational premises, and from the immediately adjacent areas under the control of the permit holder. This exclusion does not apply to live edible fish, crustaceans, or shellfish, or other fish in aquariums. Patrol dogs accompanying security or police officers shall also be permitted in offices, storage areas, and outside store premises. Sentry dogs may be permitted to run loose in outside fenced areas for security reasons. Guide dogs accompanying blind persons shall be permitted in sales areas.
(2) Persons employed in the food operational areas of a food store shall not care for or handle any pets, or patrol/sentry dogs while on duty.
14.1 Sanitary Permits and Health Certificates
(a) General. No person shall operate a food store who does not have a valid sanitary permit issued to him or her by the EPA. Only a person who complies with the requirements of these regulations shall be entitled to receive or retain such a sanitary permit. Sanitary permits are not transferable. A valid sanitary permit shall be posted in public view in every food store.
(b) Issuance of a Sanitary Permit.
(1) Any person desiring to operate a food store shall make written application for a sanitary permit on forms provided by EPA. Such applications shall include the name and address of each applicant, the location and type of proposed food store and the signature of each applicant.
(2) Prior to approval of an application for a sanitary permit, the EPA shall inspect the proposed food store to determine compliance with the requirements of these regulations.
(3) EPA shall issue a sanitary permit to the applicant if its inspection reveal that the proposed food store complies with the requirements of these regulations. Each permit shall be valid for a period of one year, after which the permit may be renewed upon a finding by EPA that the food store is in substantial compliance with these regulations.
(c) Suspension of a Sanitary Permit.
(1) The EPA may, without prior hearing, suspend any sanitary permit to operate a food store if the holder of the sanitary permit does not comply with the requirements of these regulations, or if the operation of the food store otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by Part 14.1(c)(2) of these regulations. When a sanitary permit is suspended, food store operations shall immediately cease. Whenever a permit is suspended, the holder of the sanitary permit shall be afforded an opportunity for hearing within 20 days of receipt of a request for hearing.
(2) whenever a sanitary permit is suspended, the holder of the permit, or the person in charge shall be notified in writing that the sanitary permit is, upon service of notice, immediately suspended and that an opportunity for hearing will be provided if a written request for hearing is filed with EPA by the holder of the sanitary permit. EPA may end the suspension at any time if the reasons for suspension no longer exist.
(d) Revocation of Sanitary Permit.
(1) EPA may, after providing opportunity for hearing, revoke a sanitary permit for serious or repeated violations of any of the requirements of these regulations, or for the interference with the EPA in the performance of duty.
(2) The hearing shall be conducted in accordance with the provisions of law.
(e) Application After Revocation. Whenever a revocation of a sanitary permit has become final, the holder of the revoked sanitary permit may make written application for a new sanitary permit.
(f) Health Certificates. Health Certificates must be obtained by all food store employees involved in the preparation of food, or the handling of unwrapped potentially hazardous foods, in accordance with separate regulations established by EPA for obtaining health certificates.
(a) Inspection Frequency. An inspection of a food store shall be performed at least once every 6 months for those stores located on Pohnpei Island, and at least once a year for those stores located on outer islands of Pohnpei. Additional inspections of the food store shall be performed as often as necessary for the enforcement of these regulations.
(b) Access. Representatives of EPA, after proper presentation of credentials shall be permitted to enter any food store at any reasonable time for the purpose of making inspections to determine compliance with these regulations. The Representatives shall be permitted to examine the records of the food store to obtain information pertaining to food and supplies purchased, received or used.
(c) Report of Inspections. Whenever an inspection of a food store is made, the findings shall be recorded on the inspection report form. The inspection report form shall summarize the requirements of these regulations and shall set forth a demerit value for each requirement. Inspection remarks shall be written to reference, by Part number, the Part violated and shall state the correction to be made. The rating score of the food store shall be the total of the demerit values for all violations. A copy of the completed inspection report form shall be furnished to the person in charge of the store at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any who requests it according to law.
(1) Every food store shall display in a place designated by the EPA, a placard approved by him or her stating the grade received at the time of the most recent inspection of the food store. Only the EPA representative may remove such placard.
(2) Grades shall be assigned to food stores based upon the demerit score received as follows:
(i) Grade A - 0 to 10 demerits total
(ii) Grade B - 11 to 20 demerits total
(iii) Grade C - 21 to 40 demerits total
(iv) Grade D - 41 or more total demerits
Not withstanding the above grading criteria, whenever there is a consecutive repetition of any 2, 4, or 5 demerit violation, the food store shall be downgraded to the next lower grade.
(3) The permit holder or operator of any food store, who's grade has been lowered may at any time request an inspection for the purpose of re-evaluating the store. Within 10 days following the receipt of a request, including a signed statement that the conditions responsible for the lowering of the grade have in the applicant's opinion been corrected, EPA shall make an inspection; and thereafter, as may additional inspections as may be deemed necessary to be assured that the applicant is complying with the higher grade requirements. If findings indicate compliance, the higher grade shall be awarded.
(e) Posting. Copies of the inspection report and grade placard shall be posted in a place designated by the EPA representative where they will be in full view of the public. Failure to post, or unauthorized removal will result in appropriate demerit being given.
(f) Correction of violations.
(1) The completed inspection report form shall specify a reasonable period of time in which the correction of the violations shall be accomplished in accordance with the following provisions:
(i) If an imminent health hazard exists, such as a complete lack of refrigeration, or sewage back-up into a food store, the food store shall immediately cease operations. Operations may not resume until authorized by EPA.
(ii) All violations of 5 demerit items shall be corrected within 10 days following inspection. within 15 days after the inspection, the holder of the sanitary permit shall notify EPA stating the 5 demerit violations have been corrected. A follow-up inspection shall be conducted to confirm correction.
(iii) If the demerit score of the food store is 20 demerits or less, all 1, 2, and 4 demerit violations must be corrected within 30 days. If the demerit score is more than 20 but less than 40, all 1, 2, and 4 demerit violations which are non-structural shall be corrected within 15 days. Structural violations shall be corrected within 30 days.
(iv) when the demerit score of the food store is more than 40, the sanitary permit shall be immediately suspended.
(2) The inspection report shall state that the failure to comply with any time limits for corrections may result in permit suspension or downgrading. An opportunity for hearing on the inspection finding or the time limitation or both will be provided if a written request is filed with the EPA within the period of time established in the notice for corrections. If a request for hearing is received, a hearing shall be held within 20 days of receipt of the request.
(3) whenever a food store is required under the provisions of part 14.2(f) to cease operation, it shall not resume operation until it is shown on re-inspection that conditions responsible for the order to cease operations no longer exist. Opportunity for re-inspection shall be offered within a reasonable time.
14.3 Examination and Condemnation of Food
(a) General. Food may be examined or sampled by EPA as often as necessary for enforcement of these regulations. EPA may, upon written notice to owner or person in charge, specifying with particularity the reason therefore, place a hold order on any food which he or she believes is in violation of part 3.1, 3.2, 3.3, or any other part of these regulations. EPA shall tag, label or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the food store. EPA shall permit storage of food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished at the expense of the owner or person in charge of the food. The order shall state that a request for a hearing may be filed within 10 days and that if no hearing is requested the food shall be destroyed at the expense of the owner or person in charge of the food. If a request for hearing is received, the hearing shall be held within 20 days after receipt of the request. on the basis of evidence produced at the hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or bring it into compliance with the provisions of these regulations.
14.4 Review of Plans and Construction Permit Issuance
(a) Submission of Plans. No person shall construct, reconstruct or alter, or convert any food store without first submitting plans and specifications to EPA. To apply for a construction permit, the applicant must submit complete, properly prepared plans and specifications for such construction, remodeling, or alteration to EPA for review and approval before construction, remodeling or alteration is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials for work areas, and the type and model of proposed fixed equipment and facilities.
EPA shall approve the plans and specifications if they meet the requirements of these regulations. No food store shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by EPA. The requirements of this part are in addition to the building construction permit program administered by EPA.
(b) Pre-Operational Inspection. Whenever plans and specifications are required by part 14.4(a) of these regulations to be submitted to EPA, EPA shall inspect the food store prior to the start of operation, to determine compliance with the approved plans and specifications and with the requirements of these regulations.
14.5 Procedure When Infection is Suspected. When EPA has reasonable cause to suspect possible disease transmission by an employee of a food store, an EPA representative may secure a morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. EPA may require any or all of the following measures.
(a) The immediate exclusion of the employee from employment in the food store,
(b) The immediate closure of the food store concerned until, in the opinion of EPA, no further danger of disease outbreak exists,
(c) Restriction of the employee's services to some area of the store where there would be no danger of transmitting disease,
(d) Adequate medical and laboratory examination of the employee and of other employees and of their body discharges.
15.1 Penalties. Any person who operates a food store without a valid sanitary permit issued by the EPA shall be subject to an enforcement action under Sections 12 and 14 of S.L. 3L-26-92.
16.1 Scope of Application. These regulations shall supersede, in whole or in part, all other regulations which are contrary to these regulations. Those regulations not inconsistent with these regulations shall remain in force, unless superseded or canceled by equivalent regulation.
16.2 Severance. If any provision of these regulations or the application of any provision of these regulations to any person or circumstance is held invalid, the application of such provision to other person or circumstances and the remainder of these regulations shall not be affected thereby.
16.3 Effective Date. These regulations shall take effect upon their approval by the Governor.
/s/ Date: 02/09/98
Kikuo L. Apis
Board of Directors
Pohnpei Environmental Protection Agency
/s/ Date: 02/19/98
Del S. Panglinan
State of Pohnpei
Approved as to form by:
/s/ Date 02/10/98
Acting Attorney General
State of Pohnpei