(A) Food Supplies. Food shall be free from spoilage, filth, or other contamination as to be safe for human consumption. Potentially hazardous foods and hermetically sealed food shall not be home prepared or obtained from sources other than commercial food processing establishments.
(B) Special Requirements.
(1) Fluid milk and fluid milk products used, stored, or sold shall be pasteurized and shall meet the Grade “A” quality as established by law except a food establishment - grocery or person in possession of a market food establishment raw milk permit may sell raw milk or raw milk product as permitted in the Albuquerque Raw Milk Ordinance ROA 1994 Chapter 9, Article 6, Part 8. Dry milk and dry milk products shall be made from pasteurized milk and milk products. Cheese from an approved processing plant that is aged a minimum of 60 days is exempt from this requirement.
(2) Fresh and frozen shucked shellfish (oysters, clams, or mussels) shall be received and/or repacked in nonreturnable packages identified with the name and address of the original shell stock processor, shucker-packer, or repacker, or the interstate certification number issued according to law. Shell stock and shucked shellfish shall be kept in the container in which they were received until they are used or sold. Each container of unshucked shell stock (oysters, clams, or mussels) shall be identified by an attached tag that states the name and address of the original shell stock processor, the kind and quantity of shell stock, and an interstate certification number issued by the state or foreign shellfish control agency where applicable. The identification tag shall be kept on file within the establishment for a period of 90 days from receipt of the shell stock.
(3) Only clean whole eggs with shell intact and without cracks or checks, or pasteurized liquid, frozen or dry eggs or pasteurized dry egg products shall be used, except that hard-boiled peeled eggs, commercially prepared and packaged, may be used. Eggs with intact shells which have been hard-boiled and air-cooled in the establishment are not considered to be potentially hazardous food.
(4) Only ice which has been manufactured and/or packaged in an approved facility shall be used and sold.
(5) A variance for a bake sale may be granted provided the grantee meets the bake sale requirements promulgated by the enforcement authority.
(6) On premise application of sulfiting agents on food is prohibited in any food establishment or by a contractor hired for the final preparation of food for that establishment.
(C) Food Protection.
(1) General. At all times, including while being stored, prepared, displayed, dispensed or transported, food shall be protected from potential contamination by all agents, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, draining, and overhead leakage or condensation. The temperature of all potentially hazardous food shall be 45° F. (7° C.) or below, or 140° F. (60° C.), at all times, except as otherwise provided in §§ 9-6-2-1 et seq. Retail food stock should be properly rotated. Hermetically sealed packages shall be properly handled to maintain container integrity. Spoiled, damaged, returned or detained food items shall be segregated in designated areas pending final disposition. The sale of damaged goods is permissible provided the requirements promulgated by the enforcement authority for such sales are met.
(2) Emergency Occurrences. In the event of a fire, flood, or similar event that might result in the contamination of food, or which might prevent potentially hazardous food from being held at required safe temperatures, the person in charge shall immediately contact the enforcement authority. Upon receiving notice of this occurrence, the enforcement authority shall take whatever action that it deems necessary to protect the public health.
(D) Food Storage.
(1) General.
(a) Food for on-site preparation, whether raw or prepared, if removed from the container or package in which it was obtained, shall be enclosed in a clean, covered container except during necessary periods of preparation. Fresh raw vegetables and fruits shall be exempted from this requirement. Container covers shall be impervious and nonabsorbent. In storage, sub-primal cuts of meat shall be protected by being covered with single use wrapping material except that primal cuts, quarters or sides of meat or processed meats such as country hams, slab bacon, and smoked or cured sausages may be hung uncovered on clean, sanitized hooks or placed on clean, sanitized metal racks in such a manner as to preclude contamination of any food products in storage.
(b) Containers of food shall be stored a minimum of four inches above the floor in a manner that permits easy cleaning of the storage area, or stored on dollies, racks or pallets, provided such equipment is easily movable, either by hand or with the use of pallet-moving equipment that is on the premises and used. Cased food packaged in cans, glass or other waterproof containers need not be elevated when the case of food is not exposed to floor moisture.
(c) Food and containers of food shall not be stored under leaking sewer or water lines, or leaky automatic fire protection sprinkler heads.
(d) Packaged foods shall not be stored in contact with water or undrained ice.
(e) A bulk food ingredient shall be stored in a container identifying it by common name if ingredient identity is questionable and shall be dispensed by an appropriate utensil.
(f) The storage of food in toilet rooms and vestibules, and garbage or mechanical rooms is prohibited.
(2) Refrigerated/Frozen Storage.
(a) Refrigeration facilities or effectively insulated 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 ±2° F. (1° C.), located to measure the air temperature in the warmest part of the facility and located to be easily readable. Recording thermometers, accurate to ±2° F. (1° C.), may be used in lieu of indicating thermometers.
(b) Potentially hazardous food requiring refrigeration after preparation shall be rapidly cooled from 140° F. (60° C.) to an internal temperature of 70° F. (21° C.) within a two (2) hour period. A maximum internal temperature of 45° F. (7° C.) shall be achieved within the next four hour period and maintained for the duration of the storage. The total cooling period for potentially hazardous food shall not exceed six hours, and shall require utilizing methods such as shallow pans, agitation, quick chilling, or water circulation external to the food container. Potentially hazardous foods to be transported shall be pre-chilled and held at a temperature of 45° F. (7° C.) or below unless maintained in accordance with division (D)(3) below.
(c) Frozen foods shall be kept frozen and should be stored at an internal temperature of 0° F. (-18° C.) or below.
(d) Ice used as a cooling medium for food storage shall not be used or sold for human consumption.
(3) Hot Storage.
(a) Hot food storage facilities shall be provided to assure the maintenance of potentially hazardous 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 ±2° F. (1° C.), located to measure the temperature in the coolest part of the facility and located to be easily readable. Recording thermometers, accurate to ±2° F. (1° C.), may be used in lieu of indicating thermometers.
(b) The internal temperature of potentially hazardous foods requiring hot storage shall be 140° F. (60° C.) or above, except during necessary periods of preparation. Potentially hazardous food to be transported shall be held at a temperature of 140° F. (60° C.) or above, unless maintained in accordance with division (2)(b) of this division (D).
(E) Food Preparation and Processing.
(1) General.
(a) Food shall be processed with a minimum of manual contact, with suitable utensils, and on surfaces that prior to use have been cleaned, rinsed, and sanitized to prevent cross-contamination.
(b) Custards, cream fillings, including synthetics, and similar products shall be kept at a temperature of 45° F. (7° C.) or below during storage, display or transportation. Synthetic filled products may be excluded from this requirement if scientific evidence is on file with the enforcement authority indicating that the specific product will not support the growth of pathogenic microorganisms. These synthetic filled products may be labeled to indicate that refrigeration is not required.
(c) Potentially hazardous foods that have been cooked and then refrigerated, shall be reheated rapidly to 165° F. (74° C.) or higher throughout before being placed in a hot food storage facility. Steamtables, bain-maries, "crock pots," warmers, and other hot food holding facilities are prohibited for the rapid reheating of potentially hazardous foods.
(d) Potentially hazardous foods shall be thawed:
1. In a refrigerated unit at a temperature not to exceed 45° F. (7° C.); or
2. Under running potable water at a temperature not exceeding 70° F. (21° C.) and with sufficient water velocity to agitate and float off loose particles in the overflow; or
3. In a microwave oven as part of the continuous cooking process only when the food will be transferred immediately to conventional cooking facilities, or; when the entire cooking process takes place in a microwave oven; or
4. As part of the conventional cooking process.
(e) Product Thermometers. Metal stem-type numerically scaled indicating thermometers, accurate to ±2° F. (±1° C.), shall be provided and used to assure the attainment and maintenance of proper internal cooking, holding, or refrigeration temperatures of all potentially hazardous foods.
(2) Meat Processing. Chopped fresh beef, "hamburger," shall not contain more than 30% fat with or without the addition of beef fat. Preservatives or dyes shall not be added to chopped fresh beef or to any other fresh meat.
(F) Food Display.
(1) Potentially Hazardous Foods. Potentially hazardous foods shall be kept at an internal temperature of 45° F. (7° C.) or below or at an internal temperature of 140° F. (60° C.) or higher during display except that rare roast beef which is offered for sale hot shall be held at a temperature of at least 130° F. (55° C.).
(2) Frozen Foods. Foods intended for sale in a frozen state should be stored at an internal temperature of 0° F. (-18° C.) or below with a tolerance of 10° F. (-12° C.) for short periods of time incidental to normal and good retail food store operations and practices. Frozen foods on display shall be stored below or behind product food lines according to cabinet manufacturers' specifications.
(3) Display Equipment. Food on display, other than raw fruits and raw vegetables, shall be protected from contamination by packaging, display cases or similar equipment. All food shall be displayed above the floor in a manner that will protect the food from contamination. Hot or cold food facilities shall be provided to assure the maintenance of potentially hazardous food at the required temperature during display.
(4) Dispensing Utensils. To avoid unnecessary manual contact with the food, suitable dispensing utensils shall be used by employees or provided to consumers who serve themselves unpackaged bulk food (other than raw fruits or vegetables). 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.
(5) Food Sample Demonstrations. When food sample demonstrations and food promotions are authorized in the retail food store, the person in charge shall ensure that such activities comply with the applicable sanitation provisions of §§ 9-6-2-1 et seq.
(G) Food Transportation by Retail Food Stores.
(1) General. When transporting food, the retail food store shall protect food from contamination by covered containers or packaging. Foods in original individual packages do not need to be overwrapped or covered if the original package has not been torn or broken. During transportation, food shall meet the applicable requirements of §§ 9-6-2-1 et seq. relating to food protection and food storage.
(2) Transport Vehicle Identification. The name and address of persons transporting food shall be legibly and conspicuously painted or permanently affixed in letters at least three inches high by one-half inch wide on each side of all transportation vehicles operated by such person.
(3) All food transportation shall be in enclosed van-type vehicles.
(H) Sale of Frozen Food from Temporary Food Establishments.
(1) General. Temporary Food Establishments shall dispense only prepackaged, frozen food products and shall comply with the following requirements:
(a) Food shall be from an approved source.
(b) Breaking of packages and/or packaging of frozen goods in the mobile unit is prohibited.
(c) Products shall be kept at 0° F. (-18° C.) or below.
(d) Products shall conform with labeling laws.
(e) All products shall be housed in the mobile unit and shall not be removed from it until sold.
(2) Miscellaneous Requirements.
(a) On-street vending prohibited.
(b) All vehicles must be properly identified as required in division (G)(2) of this section.
(c) The noise level created by the refrigeration unit must not exceed the standards stipulated by law.