Ensuring Food Safety: Preventing Contamination & Maintaining Temperatures, Study notes of Law

Regulations for protecting food from unsafe or unapproved additives, ensuring proper separation and cleaning of raw and ready-to-eat foods, and maintaining appropriate temperatures for potentially hazardous foods. It also covers requirements for food employees, hand washing, and labeling.

Typology: Study notes

2021/2022

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Reference Guide Food Code
November, 2014
P designates a Priority item, Pf designates a Priority Foundation item, and no designation signifies a Core
( ) designates 2009 FDA Food Code reference. Not to be used when documenting a violation. item
Bold number indicates Risk Factor item number found on the Inspection Report.
Additives,
protection from
unapproved additives
3-202.12
25
3-302.14
25
P
Pf
Food may not contain unapproved food additives, or additives that
exceed amounts specified in CFRs.
Refer to 3.202.12 and, food shall be protected from unsafe or
unapproved food or color additives, and unsafe or unapproved
levels of approved food and color additives; food employee may
not apply sulfating agents to fresh fruits and vegetables intended
for raw consumption, or to food considered a good source of
Vitamin B1; or serve or sell these types of foods (except grapes), if
treated with sulfating agents before receipt by the food
establishment.
Air gap,
backflow prevention
5-202.13
49 P
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 1 inch.
Animals,
prohibition,
service animal,
fish bait
6-501.115
(A) Pf
36
(B-C)
36
Live animal prohibited from premises of food est., except service,
sentry (loose in outside fenced areas), or police or security patrol
dogs.
A service animal is a dog specifically trained for the benefit of the
individual with a disability.
Live animals and live or dead fish bait may be allowed if contamination
of food, clean equipment, utensils, and linens, and unwrapped
single-service and single-use articles CANNOT result.
Backflow (drain)
prevention,
carbonator
5-402.11 P
50
5-203.15
49
A direct connection may not exist between a sewage system and a drain
originating from equipment in which food, portable equipment, or
utensils are placed.
If not equipped with air gap as specified under 5-202.13, a dual check
valve with intermediate vent preceded by a screen of not less than
100 mesh to 1 inch shall be installed upstream from a carbonating
device and downstream from any copper in the water supply line.
A dual check valve attached to the carbonator need not be of the vented
when required
5-203.14 P
49
type if air gap or vented backflow prevention device has been
otherwise provided as specified above.
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 establishment, including on a hose bibb if a
hose is attached or on a hose bibb if a hose is not attached and
design standard
5-202.14 P
49
backflow prevention is required by Law, by:
(A) Providing an air gap as specified under 5-202.13; or
(B) Installing an approved backflow prevention device as
specified under 5-202.14.
Backflow or back-siphonage prevention device installed on water
supply system shall meet A.S.S.E standards for construction,
installation, maintenance, inspection, and testing for that specific
application and type of device.
Bare Hands,
2-301.12 P 6
See Hands, clean.
Preventing
contamination
81-2,272.10
(3-301.11)
7
P
Food employees trained to wash hands as specified in Nebraska Food
Code, 2-301.12.
Except when washing fruits and vegetables, food employees shall
minimize bare hand and arm contact with exposed food. This may
be accomplished with use of suitable utensils (deli tissue, spatulas,
tongs, single-use gloves, or dispensing equipment). Food
employees not serving a highly susceptible population may
contact exposed, RTE food with bare hands if they have washed
their hands as specified in Nebraska Food Code prior to handling
the food.
Beverage tubing,
cold-plate,
dispensing gun,
4-204.16
45
4-204.120
Beverage tubing may not contact ice that is intended for consumption.
Cold-plate beverage cooling device may not contact stored drink ice.
Beverage dispensing gun drain cup must be self draining.
46
draining tubing
4-204.17
Liquid waste drain lines may not pass through an ice machine or ice
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Reference Guide – Food Code

November, 2014

P designates a Priority item, Pf designates a Priority Foundation item, and no designation signifies a Core ( ) designates 2009 FDA Food Code reference. Not to be used when documenting a violation.

item

Bold number indicates Risk Factor item number found on the Inspection Report. Additives ,

protection from unapproved additives

P

Pf

Food may not contain unapproved food additives, or additives that exceed amounts specified in CFRs. Refer to 3.202.12 and, food shall be protected from unsafe or unapproved food or color additives, and unsafe or unapproved levels of approved food and color additives; food employee may not apply sulfating agents to fresh fruits and vegetables intended for raw consumption, or to food considered a good source of Vitamin B1; or serve or sell these types of foods (except grapes), if treated with sulfating agents before receipt by the food establishment. Air gap , backflow prevention

P 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 1 inch. Animals , prohibition,

service animal,

fish bait

(A) Pf 36

(B-C)

Live animal prohibited from premises of food est., except service, sentry (loose in outside fenced areas), or police or security patrol dogs. A service animal is a dog specifically trained for the benefit of the individual with a disability. Live animals and live or dead fish bait may be allowed if contamination of food, clean equipment, utensils, and linens, and unwrapped single-service and single-use articles CANNOT result.

Backflow (drain) prevention , carbonator

5 - 402.11 P

A direct connection may not exist between a sewage system and a drain originating from equipment in which food, portable equipment, or utensils are placed. If not equipped with air gap as specified under 5-202.13, a dual check valve with intermediate vent preceded by a screen of not less than 100 mesh to 1 inch shall be installed upstream from a carbonating device and downstream from any copper in the water supply line. A dual check valve attached to the carbonator need not be of the vented when required

5 - 203.14 P

type if air gap or vented backflow prevention device has been otherwise provided as specified above. 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 establishment, including on a hose bibb if a hose is attached or on a hose bibb if a hose is not attached and design standard

5 - 202.14 P

backflow prevention is required by Law, by: (A) Providing an air gap as specified under 5-202.13; or (B) Installing an approved backflow prevention device as specified under 5-202.14. Backflow or back-siphonage prevention device installed on water supply system shall meet A.S.S.E standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device. Bare Hands, 2 - 301.12 P 6 See Hands, clean. Preventing contamination

P Food employees trained to wash hands as specified in Nebraska Food Code, 2-301.12. Except when washing fruits and vegetables, food employees shall minimize bare hand and arm contact with exposed food. This may be accomplished with use of suitable utensils (deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment). Food employees not serving a highly susceptible population may contact exposed, RTE food with bare hands if they have washed their hands as specified in Nebraska Food Code prior to handling the food. Beverage tubing, cold-plate, dispensing gun,

Beverage tubing may not contact ice that is intended for consumption. Cold-plate beverage cooling device may not contact stored drink ice. Beverage dispensing gun drain cup must be self draining. 46 draining tubing 4 - 204.17 Liquid waste drain lines may not pass through an ice machine or ice

45 storage bin.

Can opener blade 4 - 202. 45

Cutting/piercing parts readily removable for cleaning/replacement.

Caulking , sealing 4 - 402. 45

Equipment shall be sealed to adjacent wall (hand sinks, etc.).

Clothing clean

(outer), 2 - 304. 38

Food employees shall wear clean outer clothing.

Consumer Advisory 3 - 603. 23

Pf A written consumer advisory is required for every establishment that serves or sells animal food such as beef, eggs, fish, lamb, milk, poultry, or shellfish in a ready to eat form that is raw, undercooked, or without otherwise being processed to eliminate pathogens. This is accomplished by both a DISCLOSURE and REMINDER. See Nebraska Food Code for specifics.

Cross contamination

(A)1,2 Pf

A food shall be protected from cross contamination by; (1) separating raw animal foods during storage, preparation, holding and display from: raw ready to eat (animal or fruits and vegetables), or cooked RTE food; (2) separating types of raw animal foods from each other by: using separate equipment for each type; arranging each type of food so that cross contamination is prevented; preparing each type of food at different times or in different areas; (3) cleaning and sanitizing equipment and utensils; (4) storing food in packages, covered containers, or wrappings; (5) cleaning hermetically sealed containers of food of visible soil before opening; (6) protecting food containers received packaged in a case from cuts when the case is opened; (7) storing damaged, spoiled, or recalled food being held in the food establishment, and (8) separating fruits and vegetables, before they are washed as specified under 3-302.15. Date Marking , ready-to-eat, refrigerated, PHF

PHF disposition

P

P

Ready-to-eat, refrigerated, potentially hazardous food prepared and held in food establishment, or prepared and packaged in food processing plant and opened in the food establishment, shall be sold, consumed on premises, or discarded within 7 calendar days, if held at 41°F or below, Or within 4 calendar days, if held at 42°F to 45°F. EXEMPTED FOODS include fermented sausages with original casing or shelf stable salt-cured products from federally inspected food processing plant and not labeled “Keep Refrigerated”, or shelf stable, dry, fermented sausages when the face has been cut, but the remaining portion is whole and intact; foods prepared and packaged by a food processing plant such as deli ham, seafood, chicken, egg, pasta, potato and macaroni salads; some hard and semi-soft cheeses; cultured dairy products such as yogurt, sour cream and buttermilk; preserved or acidified fish products; shelf stable, dry and/or salt-cured products; and when reduced oxygen packaging food. Ready-to-eat, refrigerated, potentially hazardous food to be discarded due to requirements in 81-2,272.24* (i.e., prepared IN the food establishment) are still found in food establishment. Dispensing equipment (beverage) Bulk milk dispensing tubes

Levers on self-service beverage dispensers designed to prevent contamination from the lip contact surface of glasses or cups that are refilled. Bulk milk container dispensing tubes cut on the diagonal leaving no more than 1” protruding from the chilled dispensing head. Drain boards , provided, Self draining

Drain boards, utensil racks, or tables large enough to accommodate all soiled and cleaned utensils shall be provided for necessary utensil holding before cleaning and after sanitizing. Sinks and drain boards or ware-washing sinks and machines must be self draining. Drinking, Smoking

Eating, or^2 - 401. 4

Employees shall eat, drink, or use any form of tobacco only in designated areas. Employee’s may drink from a closed beverage container if the container is handled to prevent contamination of employee’s hands; the container; and exposed food, utensils, etc.

Food, adulterated Adulterated Misbranding, Deceptive packaging, False advertising

Disposition

P

P

Food must be safe, unadulterated, and honestly presented. Defines adulteration. Defines misbranding. Defines deceptive packaging. Defines false advertising.

Unsafe, adulterated food reconditioned by approved procedure or discarded. Food from unapproved source discarded. RTE food that may have been contaminated by employee who is restricted excluded, or food contaminated by human through contact with hands, bodily discharges, etc., discarded.

or

Food contac t, clean

Food contact surfaces of cooking equipment non-food contact Cleaning frequency, Food contact surfaces

exposed to non-PHF food

4 - 601.11(A) Pf

4 - 601.11(B)

4 - 601.11(C)

(A,C) P

(E)

Utensils and food contact surfaces of equipment clean to sight and touch. Food contact surfaces of cooking equipment and baking pans kept free of encrusted grease deposits and other accumulations. Non-food contact surfaces of equipment free of accumulation of dust, dirt, food residue, and other debris. A-Equipment food contact surfaces and utensils cleaned; before each use of a different type of raw animal food; changing from working with raw foods to RTE foods; between uses with raw fruits and vegetables and with PHF; before using or storing a food temperature measuring device; at any time during operation when contamination may have occurred. C-If used with PHF, cleaned throughout the day at least every 4 hours, except (D), see Code. See text in Food Code for listed exception criteria (B and D). E-Food contact surfaces exposed to non-potentially hazardous foods shall be cleaned at any time when contamination may have occurred; at least every 24 hours for iced tea dispensers and consumer self-service utensils (tongs, scoops or ladles); before restocking consumer self-service equipment and utensils (condiment dispensers and display containers); and 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 at frequency specified by manufacturer, or absent these specifications, at a frequency necessary to preclude accumulation of soil or mold. Food Contact Surfaces, Characteristics of

NEW multiuse food contact surfaces Nonstick coatings

4 - 101.11 P or Core 45

4 - 202.11 Pf 45 4 - 101. 45

Materials used for multiuse food contact surfaces must be safe (Priority) , durable (withstand repeated ware-washing), corrosion resistant, nonabsorbent, smooth, easily cleanable, and resistant to pitting, chipping, etc. AND Multiuse food contact surfaces shall be smooth, free of breaks, cracks, or chips. Refer to Food Code for use limitations of Cast Iron (4-101.12, Lead (4- 101.13) P , Copper (4-101.14) P , and Galvanized Metal (4- 101.15) P. Multiuse kitchenware such as frying pans, griddles, sauce pans, cookie sheets, and waffle bakers that have a perfluorocarbon resin coating shall be used with non-scoring or non-scratching utensils and cleaning aids.

Food, cooking raw animal food

Microwave oven cooking

Fruits and vegetables Cooking

Non-Continuous cooking of raw animal food

3 - 401.11(A)

P

(B)(1) Pf

(2) P

(C)

(D)

(2) Pf (3)

3 - 401.13 Pf 32 3 - 401. (A)-(E) P

(F) Pf 16

(A)-Except as specified, raw animal foods cooked to heat all parts of food to a temperature and for a time that complies with one of the following: ≥ 145 °F for 15 seconds for raw eggs broken and prepared in response to consumer order and immediate service, and fish and meat including game animals raised for food. ≥ 155 °F for 15 seconds (or as specified) for Ratites; mechanically tenderized, and injected meats; comminuted fish, meat, game animals, and raw eggs that are not prepared in response to consumer order and immediate service. ≥ 165 °F for15 seconds for poultry, Baluts, wild game animals, and stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed Ratites, or stuffing containing fish, meat, poultry or ratites. (B)-Whole meat roasts including beef, corned beef, lamb, pork, and cured pork roasts such as ham shall be cooked: (1) In an oven preheated to temperature specified for the roast’s weight in chart in Code, and held at that temperature. (2) To heat all parts of food to temperature and holding time as specified in Code. (C)-Raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in RTE form if; (1) population served is not Highly Susceptible Population; (2) steak labeled to indicate it meets definition of “whole-muscle, intact beef”; (3) steak is cooked on both top and bottom to surface temperature of ≥ 145 °F and a cooked color change is achieved on all external surfaces. (D)-A raw animal food, such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartar; or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole muscle, intact beef steaks, may be served or offered for sale upon consumer request if: (1) the food establishment serves a population that is Not a Highly Susceptible Population; (2) the food, if served or offered for sale from a children’s menu, does not contain comminuted meat (Priority foundation) ; and (3) consumer is informed as specified under 3-603.11. Raw animal food cooked in a microwave oven shall be rotated or stirred throughout or midway during cooking, covered, heated to ≥ 165 °F in all part of food, and allowed to stand for 2 minutes after cooking Fruits and vegetables must be cooked to ≥ 135 °F if intended for hot holding. Raw animal food cooked using non-continuous cooking process: (A) Subject to initial heating process no longer than 60 minutes; (B) Rapidly cooled per 3-501.14; (C) After cooling, held frozen or cold, per 3-501.16; (D) Prior to sale or service, cooked so that all parts of food reach ≥ 165 °F.; (E) Cooled according to 3-501.14 if not either held hot per 3- 501.16(A), served immediately, or held using time as a public health control per 3-501.19 after complete cooking; and (F) Prepared and stored according to written procedures that: (1) Have been approved; (2) procedures maintained in food establishment; (3) Describe how procedures to be monitored and documented by permit holder, and corrective actions to be taken if requirements not met; (4) Describe how foods to be marked after initial heating; and (5) Describe how foods to be separated after initial heating from RTE food, per 3- 302.11. Food, rapid cooling

Ingredients at ambient temperature Cooling methods

P

Pf

Cooked or hot held PHF shall be cooled from 135°F to 70°F within 2 hours and within a total of 6 hours from 135°F to ≤ 41 °F. PHF prepared from ingredients at ambient temperature shall be cooled to ≤ 41 °F within 4 hours. Rapid cooling accomplished in accordance with 3-501.14 by using appropriate rapid cooling method(s). Food, frozen 3 - 501. 31

Stored frozen foods shall be maintained frozen.

Food, reheating 3 - 403.11 P 17

Potentially Hazardous Food reheated to ≥ 165 °F within 2 hours for Hot Holding. PHF food reheated in microwave oven to ≥165F, and food is rotated or

(no violation)

stirred, covered, and allowed to stand 2 minutes after reheating. RTE food from a commercially processed hermetically sealed container or an intact package from a food processing plant heated to ≥ 135 °F within 2 hours for hot holding. Cooked and refrigerated food prepared for immediate service per individual consumer order may be served at any temperature. Food , returned, Service or sale

re 3 - 306. 15

P After being served or sold and in the possession of a consumer, food that is unused or returned may not be offered as food for human consumption, except if food is NOT PHF and in unopened original (sound condition) package, or protected from contamination during dispensing and container closed between uses. Food source, compliance with law

3 - 201.11(A) P

(B ) P

Food obtained from sources that comply with Law. Food prepared in private home not used or offered in food establishment Raw meat, poultry and eggs

(E) Pf Whole muscle, intact beef steaks intended for consumption in undercooked form without Consumer advisory shall be obtained from legal source that labels steaks to indicate they meet definition of whole-muscle, intact beef, or acceptable by Regulatory authority based on written buyer specifications indicating the steaks meet the Whole-muscle, intact beef definition. If (F,G)

individually cut in food establishment; cut from whole muscle intact beef labeled per (E); prepared to remain intact, and; if packaged for undercooking, labeled per (E). Meat and poultry not RTE and in packaged form, and eggs not treated to destroy Salmonellae shall be labeled to include safe handling instructions. Hermetic seal, 3 - 201.12 P Food in hermetically sealed container obtained from Food Processing Plant. Fluid milk and milk prod, Fish, Molluscan shellfish, Wild mushrooms, Game animals, Shell eggs, Egg products,

3 - 201.13 P

3 - 201.14 P

3 - 201.15 P

3 - 201.16 P

3 - 201.17 P

3 - 202.13 P

3 - 202.14 P

Fluid milk and milk products are Grade A.

Fish must be commercially and legally harvested and processed. Molluscan shellfish from approved sources. Wild mushrooms... approved mushroom identification expert. Game animals, outline of requirements for their use in food est. Shell eggs must be Grade B or higher, clean, and sound. Egg products; fluid and dry milk and milk products; frozen milk products; cheese (unless cured) shall be obtained pasteurized.

Ice, 3 - 202.16 P Ice for use as a food or a cooling medium shall be made from drinking 29 water. Food storage, protected from contamination,

prohibited areas

Food shall be stored at least 6” off the floor, in a clean, dry location where it is not exposed to splash, dust, or other contamination, except pressurized beverage containers, or cased food in waterproof containers. Food may NOT be stored in locker rooms, toilet rooms, dressing rooms, garbage rooms, mechanical rooms, under non-shielded sewer lines, under leaking water lines, under open stairwells, or under other sources of contamination. food preparation 3 - 305. 37

During preparation, unpackaged food shall be protected from environmental sources of contamination. Cross 3 - 302.11 P Refer to Cross Contamination in this Reference Guide. contamination 13 Food , Tasting

P Food employee may not use is to be sold or served.

a utensil more than once to taste food that

Food temperature, cold holding

Raw eggs

Hot holding

receiving

20 - cold

19 - hot

3 - 202.11(C)

(E) Pf

(F) Pf 10

P

P

Potentially hazardous foods must be maintained at ≤ 41 °F, OR between 41 °F and 45°F in refrigeration equipment in use on 3- 1 - 2012 that is not capable of maintaining ≤ 41 °F if (A) the equipment is in place and in use in the food establishment, and (B) refrigeration equipment not capable of maintaining ≤ 41 °F that is in use on 3- 1 - 2012, upon replacement of the equipment or at a change of ownership of the food establishment, be replaced with equipment capable of maintaining foods at ≤ 41 °F. Raw eggs not treated to destroy Salmonellae must be held at ≤ 45 °F. Refer to 81-271.24*, Date Marking of refrigerated, ready-to-eat, potentially hazardous food for time-temperature shelf life allowances, i.e., 41°F vs. 45°F. PHF must be held at ≥ 135 °F except that roasts cooked to a temperature and for a time specified under 3-401.11(B) or reheated as specified under 3-403.11(E) may be held at ≥ 130 °F. Raw eggs shall be received in refrigeration equipment that maintains ambient air temperature of ≤ 45 °. Food labeled and shipped frozen by a Food Processing Plant shall be received frozen. Upon receipt, PHF shall be free of evidence of previous temperature abuse.

Food , thawing 3 - 501. 33

Method(s) used for thawing Food Code.

frozen PHF. Refer to text in Nebraska

Food , washing fruits and vegetables

Chemicals used for washing fruits and vegetables

Ozone

7 - 204.12(A) P

(B)

Raw fruits and vegetables must be thoroughly washed in water to remove soil and other contaminates before being cut, combined with other ingredients, cooked, served, or offered in ready-to-eat form, EXCEPT whole, raw fruits and vegetables intended to be washed by consumer. Chemicals used to wash or peel raw, whole fruits and vegetables shall meet requirements in 21 CFR 173.315 Chemicals used in washing or to assist in the peeling of fruits and vegetables.

Ozone as antimicrobial agent used on fruits and vegetables must meet requirements in 21 CFR 173.368 Ozone.

Grease Trap 5 - 402. 50

If used, a grease cleaning.

trap shall be located to be easily accessible for

Hair, restraint 2 - 402. 38

Employees shall use effective hair restraints

Hands , clean, Cleaning procedure, how to wash

where to wash

2 - 301.11 P

2 - 301.12(A) P

(A) P

(C)

(D)

Employees shall keep hands and exposed portions of arms clean. Except as specified in (D), food employees shall clean their hands and exposed portions of their arms for at least 20 seconds, using a cleaning compound in a hand-washing sink that is equipped as specified under 5-202.12 and Subpart 6-301. Food employees shall use the following cleaning procedure in the order stated to clean their hands and exposed portions of their arms: (1) Rinse under clean, running warm water; (2) Apply an amount of cleaning compound recommended by manufacture; (3) Rub together vigorously for at least 10 to 15 seconds while: (a) Paying particular attention to removing soil from underneath fingernails during cleaning procedure, and (b) Creating friction on surfaces of hands and arms, finger tips, and areas between the fingers; (4) Thoroughly rinse under clean, running warm water; and (5) Immediately follow the cleaning procedure with thorough drying using a method as specified under 6-301.12. To avoid re-contaminating their hands, food employees may use disposable paper towels or similar clean barriers when touching surfaces such as manually operated faucet handles on a hand- washing sink or the handle of a restroom door. If approved and capable of removing the types of soils encountered in the food operations involved, an automatic hand-washing facility may be used by food employees to clean their hands.

Hose , food-grade material

P A plumbing system and Hoses conveying water constructed and repaired with approved materials according to LAW. Water filter made of safe materials. 5 - 302. 49

P Hose used for conveying drinking water from a water tank must be constructed of Safe food-grade material. Juice, treated

Treating Juice

3 - 202.110 (A) Pf 9 (B) P 9

3 - 404. (A) P (B) Pf 27

(A)-Be obtained from processor with HACCP system as specified in 21 CFR Part 120 Hazard Analysis Critical Control Systems; and (B)-Be obtained pasteurized or otherwise treated to attain 5-log reduction of the most resistant microorganisms of public health significance. Juice packaged in food establishment shall be: (A) Treated under HACCP plan to attain 5-log reduction; or (B) Labeled, if treated to yield 5-log reduction: (1) As specified under 3-602.11, and (2) As specified in 21 CFR 101.17(g) Food labeling, warning, notice, and safe handling statements, juices that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens with a warning….See Food Code. Ice, used coolant

as exterior 3 - 303. 37

P Ice used as medium for cooling exterior surfaces of food, packaged food, or cooling coils and tubes of equipment may not be used food.

as

Label, food not in original package

Working containers of food or food ingredients (not original package) must be labeled with common name of food, unless such food is readily and unmistakably recognized. Label, dating information, Safe

Food manufacturer or food establishment dating be concealed or altered.

information may not

Handling instructions Consumer warnings provided if required. Label, consumer packaged food

Only (B)(5) is Pf, rest of section is Core 35

(A)

(B)

Food packaged in food establishment shall be labeled as specified in Law. Label information shall include: (1) Common name, or adequately descriptive identity; (2) List of ingredients if multi ingredient food; (3) Adequate declaration of quantity; (4) Name and place of business of manufacture, packer, or distributor; and (5) Name of food source for each MAJOR FOOD ALLERGEN in food unless source is already part of common or usual name of respective ingredient. Pf (6) Unless exempted by Federal Law, nutrition labeling. (7) For salmonid fish containing canthaxanthin as color additive, this must be disclosed. (C) Bulk food available for consumer self-dispensing shall be prominently labeled with following information in plain view of consumer: (1) Manufacturer’s or processor’s label that was provided with food; or

(D)

(2) A card, sign, or other method of notification that includes information in (B) (1), (2), and (5). Bulk unpackaged food such as bakery products and unpackaged foods that are portioned to consumer specifications need not be labeled if: (1) A health, nutrient content, or other claim is not made; (2) There are no state or local laws requiring labeling; and (3) The food is manufactured of prepared on premises of food establishment or at another food establishment or a food processing plant that is owned by same person and is regulated by food regulatory agency that has jurisdiction. Lighting, intensity

shielded, or shatterproof

Walk-in refrigeration units, dry storage areas – 10 foot candles; customer self-service displays, inside reach-in refrigeration units, in areas used for hand-washing/ware-washing, and equipment and utensil storage, and in toilet rooms – 20 foot candles; at a surface where a food employee is working with food, or with utensils or equipment where employee safety is a factor – 50 foot candles. Light bulbs shielded, coated, or otherwise shatter-resistant in areas with exposed food, clean equipment, utensils, linens, or unwrapped

single-use and single-service articles.

Linen, use limitation,

Specifications

soiled linen storage

clean linen storage

Except for raw dough being prepared prior to cooking, linens and cloth napkins may not be used in contact with food. Except: linens and cloth napkins used to line container used for service of food. Linens not in direct contact with food shall be laundered between operations if they become wet, sticky, or visibly soiled. Kept in clean, nonabsorbent receptacles, or washable laundry bags stored to prevent contamination of food, clean equipment and utensils, and single-service and single-use articles. Storage requirements same as for single-service, utensils, etc. 42 Lockers, dressing rooms; designated

used

Dressing room or area designated if employees routinely change clothes in the establishment. Lockers or other suitable facilities shall be provided for orderly storage of employee clothing and other possessions. Dressing room(s) shall be used by employees if they regularly change their clothes in est. Lockers or other suitable facilities shall be used for orderly storages of employee clothing and other possessions. Maintenance equipment, storage

Maintenance tools (brooms, mops and similar items) stored so that they can’t contaminate food, equipment, utensils, linens, and single- service and single-use articles, and in an orderly manner that facilitates cleaning their storage area. Microwave oven, Cooking and baking equipment

Cavity and door seal of microwave oven and food cooking and baking equipment (if used) shall every 24 hours.

contact surfaces of be cleaned at least

Molluscan Tanks

Shellfish 4 - 204.110(A) P

(C) Pf 45

May not be used to display shellfish that are offered for human consumption, and shall be conspicuously marked that shellfish for display only. IF operated to display shellfish for human consumption, a variance must be granted by the regulatory authority as specified in 8- 103.10, and a HACCP plan be submitted and approved.

are

Mop water, disposing

Pf Food preparation, hand-washing and ware-washing sinks may NOT used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or disposing of mop water and similar liquid wastes.

be

Mop Sink-Service Sink

Water provided

Service sink (mop sink) or curbed cleaning facility equipped with floor drain and conveniently located shall be provided for cleaning of mops and disposal of mop water and similar liquid waste. Toilets and urinals may not be used as a service sink for disposal of mop water and similar liquid waste. Provide water under pressure to mop\service sink. 48 mops, drying 6 - 501. 53

After use, mops shall be positioned to air dried without soiling walls, equipment, or supplies. Non-drinking Water

P Non-drinking water shall be used food equipment cooing, and

only for non-culinary fire protection).

purposes (non-

Non-food contact surfaces of

(C) Non-food contact surfaces of equipment shall be kept free of accumulation of dust, dirt, food residue, and other debris. equipment, clean, frequency

Non-food contact surfaces of equipment cleaned at frequency to preclude accumulation of soil residues. Non-food surfaces,

contact^4 - 101. 45

Non-food contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning shall be smooth, nonabsorbent, and corrosion-resistant. criteria 4 - 202. 45

Non-food contact surfaces shall be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance. Outdated formula

infant No violation Management should observed.

be made aware if outdated infant formula is

Outer openings, protected

Exterior doors must be solid, tight fitting, and self closing. An exterior door need not be self closing if it is solid and tight AND is designated as an emergency exit only.

fitting,

Oven clean

mitt (linen), 4 - 801 - 11 42

Oven mitt free of food residues and other soiling material.

Permit, posting 81 - 2,271 Food Permit posted in a location which is conspicuous to the public. 1

Pests, Insect control devices

Insect electrocution or stun devices shall be designed to retain the insect within the device; installed so that the device is not located over a food preparation area; dead insects/fragments prevented from being impelled onto or falling on exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles. Rodent bait stations tracking powders, non-toxic

(A) P

(B) Core 26

P Rodent bait shall be contained in covered tamper-resistant bait station. A tracking powder pesticide (A) may not be used in a food establishment, except (B), if used, a nontoxic tracking powder such as talcum or flour may not contaminate food, equipment, utensils, linens, and single-service and single-use articles. Plumbing design

Repaired per LAW maintained in good repair

fixtures clean

permanent system

5 - 202.11(A) P

(C) Core

5 - 205.15(A) P

49 (B)

81 - 2,272.31 Pf (5-104.11) 48

Plumbing system designed, constructed, and installed according to LAW. Plumbing fixture such as hand-washing sink, toilet or urinal shall be easily cleanable. Plumbing shall be repaired according to LAW. Plumbing shall be maintained in good repair. Plumbing fixtures such as toilets and urinals shall be cleaned as often as necessary to keep them clean. Except in response to temporary interruption of water supply, food establishments shall have a permanent plumbing system providing water under pressure to all fixtures, equipment, and nonfood equipment that are required to use water. (Exception: mobile food unit/temporary establishment). Private home, living or sleeping quarters, use prohibitions separation

6 - 202.111 P

A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting food establishment operations. Living or sleeping quarters located on the premises shall be separated from food establishment operations by complete partitioning and solid self-closing doors. Reduced Oxygen Packaging (ROP)

P Each food establishment that uses reduced oxygen packaging (ROP) shall have a variance granted by the regulatory authority, OR uses ROP under the following conditions: 1 - The food to be ROP’d does not support the growth of the bacteria Clostridium botulinum because it (a) has water activity of .091 or less; (b) has pH of 4.6 or less; or (c) is a meat product cured and processed in the food establishment that at the time of processing had a concentration of sodium nitrite of 120 PPM or higher and has a brine concentration of at least 3 ½ percent. 2 - A food with a high level of competing micro-organisms such as raw meat, raw poultry, or semi-soft cheese containing live active starter culture organisms may be packaged using ROP. Such products shall be labeled with sell or use by date not to exceed 14 days, and shall be discarded if not sold by that date. 3 - Products packaged using ROP shall be maintained at 41°F or below. 4&5-Except as provided in (2) of this section, products ROP’d shall be discarded if not sold within 30 days from processing in the food establishment. Food processed by a food processing plant repackaged by the food establishment shall be discarded if not sold within 14 days from repackaging, or the original manufacturers sell or use by date, whichever occurs first. 6 - Food establishments that process and package food using ROP method shall have written policies for operational procedures that: (a) Prohibit contacting RTE foods with bare hands without proper hand-washing (2-301.12); (b) Identify designated area for ROP’ing which separates raw from RTE foods to minimize cross contamination; (c) Restrict access to processing equipment to only trained personnel; (d) Delineate cleaning and sanitizing procedures for food contact surfaces. 7 - Provide a training program to ensure that individual responsible for ROP packaging understands requirements of Nebraska Pure Food Act, and procedures required for safe operation. 8 - Fish shall not be ROP’d unless the fish remains frozen before, during, and after packaging or a variance has been granted.

Returns, distressed merchandise, segregation and location

Pf Products held for credit, redemption, or return to the distributor shall be segregated and held in designated areas separate from food, clean equipment, utensils, single-service, and single-use articles.

Sanitizer , excessive concentration

P Chemical sanitizer concentration used above maximum level permitted.

Below minimum concentration

P Chemical sanitizer concentration used below minimum level permitted.

Food contact surfaces not sanitized

P Utensils and equipment food-contact surfaces shall be sanitized before use after cleaning. Sanitizer, contact time

P Hot water manual operations by immersion for at least 30 seconds. Hot water mechanical operations by achieving a utensil surface temperature of ≥ 160 °F. Chemical operations: exposure time of at least 10 seconds for a chlorine solution; at least 30 seconds for other chemical sanitizer solutions. Sewage system

Condensate drainage

P Sewage shall be disposed of through a public sewage treatment system, or an individual system that is sized, constructed, maintained, and operated according to LAW. Condensate drainage and other non-sewage liquids shall be drained from point of discharge to disposal according to LAW. Shucked shellfish 3 - 202.17(A) Pf 35

Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the name, address, and certification number of the shucker-packer or re-packer, and the sell by date for packages with a capacity of less than 1.89 L (one- half gallon), or the date shucked for packages with a capacity of 1.89 L or more. Shellstock, identification,

3 - 202.18 Pf 12

Containers must bear legible tags or labels identifying harvester’s ID number, date of harvesting, harvest location, type and quantity of shellfish. maintaining ID,

condition

3 - 203.12 Pf 12

3 - 202. 37

Retain tags or labels in date chronological order for 90 calendar days from date container emptied. Date when last shell-stock from container is sold or served shall be recorded on tag or label. When received, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shell-fish or shell-stock with badly broken shells shall be discarded. Shells, use limitation 4 - 502. 43

Mollusk and serving

crustacean containers.

shells may not be used more than once as

Single-service single-use, characteristics

and^4 - 102.11^ P 45

or core Materials used in single-service and single-use articles: May not: (1) Allow the migration of deleterious substances (P), (2) Impart colors, odors, or tastes to food: and Shall be: (1) Safe (P), and (2) Clean.

or

Single-service, self service dispensing, cleaned utensils

Single-service articles and cleaned utensils intended for food or lip contact shall be dispensed to self-service consumer with original wrapper intact or from an approved dispenser; utensils presented so that only handles are touched. Single-service, single-use, use limitations

Single-service and single-use articles may not be reused.

Single-service, single-use storage

Storage prohibitions

Single-service, single-use articles stored in clean, dry location; not exposed to splash, dust or other contamination; at least 6” off floor; kept in original protective packaging, or stored by other means that afford protection from contamination until used. May NOT be stored in locker rooms; toilet rooms; garbage rooms; mechanical rooms; beneath exposed sewer lines; under leaking water lines (or lines on which water has condensed); under open stairwells; or under other sources of contamination. Smoking, Drinking

Eating or^2 - 401. 4

Employees shall smoke, eat, or drink only in designated areas. Food employee may drink from a closed beverage container if the container is handled to prevent contamination of the employee’s hands; the container; and exposed food, utensils, etc.

Sponges, Use limitation

Sponges may NOT be used in contact with use food-contact surfaces.

cleaned and sanitized or in-

Tableware, Handling, dispensing

Handled, displayed, and dispensed to prevent contamination of food and lip contact surfaces; presented so that only the handles are touched.

Toxics, stored,

displayed

7 - 201.11(A) P

7 - 301.11 P

Separating stored poisonous or toxic materials by spacing or partitioning, locating same in area not above food, equipment, utensils, linens, and single-service and single-use articles. This DOES NOT apply to equipment and utensil cleaners and sanitizers stored in ware-washing areas for availability and convenience IF materials are stored to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles. Stored or displayed for retail sale in an area that is NOT ABOVE food, equipment, utensils, linens, and single-service or single-use articles.

original labeling

common name

7 - 101.11 Pf 26 7 - 102.11 Pf 26

Separating the displayed poisonous or toxic materials by spacing or partitioning Original containers of toxic materials or personal care items bear legible manufacturer’s label. Working containers of toxic materials clearly identified with common name of material. container reuse

conditions of use

restriction

7 - 203.11 P

7 - 202.12 P

7 - 202.11 Pf 26

Container previously used to store toxic materials may not be used to store, transport or dispense food. Poisonous or toxic materials shall be used according to Law and this Code, Manufacturer’s use directions, or by a certified applicator for use of a restricted use pesticide. Only those toxic materials required for operation and maintenance of food establishment shall be allowed in food establishment. Unnecessary (Premises)

items, 6 - 501. 53

Premises free of items unnecessary establishment, and litter.

to operation or maintenance of

Utensils and Equipment, durability

Equipment and utensils designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.

Utensils, Good repair, Cutting block board

or

Utensils maintained C

in state of good repair or shall be discarded.

Utensils, material characteristics

4 - 101.11(A) Pf B-E, Core 45

A; Materials shall be SAFE. B-E; Durable, corrosion resistant, nonabsorbent; smooth and easily cleanable surface; resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition; sufficient in weight and thickness to withstand repeated ware-washing. Utensils, consumer self service

Pf Provide a food dispensing utensil for each consumer self-service unit.

container displayed at a

Utensils, in-use storage

Dispensing utensils shall be stored with handles above top of food (Non PHF); with handles above top of food AND container (PHF); on clean surface; in running water if used with moist food; in a clean protected location if utensil is used only with non PHF; in container of water if water is maintained at a temperature ≥ 135 °F., and the container is cleaned at frequency specified under 4- 602.11(D). Utensil, storage

Air drying, cloth drying Dispensing

Storage prohibitions

Clean utensils stored in clean, dry location; not exposed to splash, dust, or other contamination; at least 6” off the floor; in a self-draining position that allows air drying, and covered or inverted. Clean equipment and utensils shall be air dried. May not be cloth dried, except that utensils that have been air dried may be polished with cloths that are maintained clean and dry. Eating utensils, toothpicks, single-service drink cups, etc., not pre- wrapped or packaged must be dispensed from approved dispenser, by touching handle only, or other effective means. Prohibits utensil storage in locker rooms; toilet rooms; garbage rooms; mechanical rooms; under non-shielded sewer lines; under leaking water lines, or under lines on which water has condensed; under open stairwells, or under other sources of contamination. Ventilation, mechanical, Hood systems

Provided when necessary to keep rooms free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, or fumes. Ventilation hood systems and devices shall be sufficient in number and capacity to prevent grease and condensation from collecting on walls and ceilings.

Ventilation, clean 6 - 501. 54

Intake and exhaust air ducts shall be cleaned and filters changed so they are not a source of contamination by dust, dirt, or other materials. If vented to the outside, ventilation systems may not create a public health hazard or nuisance or unlawful discharge. Water supply, Source Sample frequency Nonpublic system, Sample report

5 - 101.11 P

Drinking water shall be obtained from an approved source that is a Public Water System, or a Nonpublic Water System that is constructed, maintained, and operated according to LAW. Nonpublic water system sampled and tested at lease annually. Most recent sample report for nonpublic water system retained on file in food establishment. Capacity 5 - 103.11 Pf 48

Water system shall be of sufficient capacity to meet the peak water demands of the food establishment, to include the hot water generation and distribution systems. Ware-washing, facilities, clean

Ware-washing facilities are cleaned before necessary to prevent recontamination and, if used, at least every 24 hours.

use; as frequently as of equipment and utensils;

Ware-washing, manual/mechanical, chemical sanitizer , temperature, concentration

P Chlorine ; 25 to 200 ppm. Water temperature dependant. See Code. Iodine ; 12.5 to 25 ppm. 68°F minimum temperature. Quaternary ammonium; concentration according to label instructions. 75 °F minimum temperature. If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, shall be applied in accordance with manufacturer’s use directions included in labeling. Ware-washing, manual, three compartment sink

Pf A sink with a least three compartments, or alternative manual ware- washing equipment, provided for manual ware-washing. Sink compartments shall be large enough to accommodate immersion the largest equipment and utensils. See also Drain-boards.

of

Ware-washing, Pre-cleaning Loading of soiled items,

Pre-cleaning (removal) of food debris on equipment and utensils.

Soiled items to be cleaned in ware-washing machine loaded into racks, etc., in a position that exposes the items to unobstructed spray, and allows the items to drain. manual sequence 4 - 603. 46

Washing; wet cleaning. Debit 4-501.19 ( Pf) , if wash solution is less than 110°F. 4 - 603. 46

Use of a separate and distinct rinse after washing and before sanitizing.

Not sanitizing 4 - 702.11 P 14

No sanitizer in use; not sanitizing food contact surfaces of equipment or utensils.

Sanitizer, excess Concentration

7 - 204.11 P

Chemical sanitizing solution exceeds maximum required ppm concentration.

Sanitizer, below Minimum

4 - 501. 114 P

Chemical sanitizing solution below minimum required ppm concentration. concentration solutions clean, thermometer

Wash, rinse, and sanitize solutions kept clean. Thermometer provided for manual ware-washing operations to allow measuring the washing and sanitizing temperatures. Ware-washing, Rinsing equipment and utensils after cleaning and sanitizing

After being cleaned and sanitized, equipment and utensils shall not be rinsed before air drying or use unless: The rinse is applied directly from a potable water supply by a ware- washing machine that is maintained and operated as specified under Subparts 4-204 and 4-501; and The rinse is applied only after the equipment and utensils have been sanitized by the application of hot water or by the application of a chemical sanitizer solution whose EPA-registered label use instructions call for rinsing off the sanitizer after it is applied in a commercial ware-washing machine. Ware-washing, manual, wash temperature, mechanical, wash temperature

Pf

Pf

Manual ware-washing wash solution temperature Wash solution temperature in chemical sanitizing Wash solution temperature as required depending sanitizing machine. See Food Code.

that is ≥ 110 °F. machines is ≥ 120 °F. on type of hot water

Ware-washing, mechanical hot water

Pf Single tank, single temperature Other machines ≥ 180 °F.

machine ≥ 165 °F.

sanitization temp.