1709.01 Definitions.
1709.02 License required.
1709.03 Fee schedule and exemptions.
1709.04 License application, display and inspection.
1709.05 License revocation or suspension.
1709.06 Plans.
1709.07 Food.
1709.08 Food protection.
1709.09 Personnel.
1709.10 Equipment and utensils.
1709.11 Safety and adequacy of water supply.
1709.12 Sewage disposal.
1709.13 Plumbing.
1709.14 Toilet and handwashing.
1709.15 Garbage and refuse disposal.
1709.16 Insect, animal and rodent control.
1709.17 Floors, walls and ceilings.
1709.18 Lighting.
1709.19 Ventilation.
1709.20 Dressing rooms and locker areas.
1709.21 Toxic materials.
1709.22 Areas to be kept clean and orderly.
1709.23 Variances.
1709.24 Conflict of laws; date of effect.
1709.99 Enforcement and penalty.
CROSS REFERENCES
Food establishments - see OAC Ch. 901:3-29
(a) "Food establishment" means any place whether temporary or permanent, stationary or mobile, or whether it is considered public, semipublic or private, where food or drink is prepared, processed, manufactured, packaged, stored, served, sold, offered for sale, demonstrated, or given away provided that the following places are not included:
(1) Homes containing what is commonly known as the family unit and their nonpaying guests.
(2) Food service operations as defined in Ohio R.C. 3732.01, dairy and meat plants, slaughterhouses, abattoirs which are under other regulation of this Board of Health or other governments.
(Res. 145. Passed 1-26-94.)
(b) "Board of Health" means the Board of Health of the Warren City Health District as created by the provisions of Ohio R.C. 3709.05.
(c) "Health Commissioner" means the person occupying the office in the health district which is created by Ohio R.C. 3709.11 and 3709.14 or his authorized representative.
(d) "Fixtures" means display cases, tables, counters, shelves, refrigerators, stoves, hoods, sinks and other similar equipment used in processing, manufacturing, packaging, transporting and storing food.
(e) "Utensils and equipment" means kitchenware, tableware, glassware, cutlery, containers, food slicing machines, grinders, table saws, choppers, mixers and other similar equipment coming in contact with food during storage, preparation, processing, packaging, transporting or serving.
(f) "Food" means:
(1) Articles used for food or drink for human consumption;
(2) Chewing gum, and
(3) Articles used for components of any such articles.
(g) "Mobile food establishment" means one which may be moved without significant alteration of the structure or equipment after the structure and equipment has been moved from one location to another.
(h) "Operator" means the person, firm, association or corporation who is in responsible charge of conducting a food establishment.
(i) "Unwholesomeness" means adulteration as defined in Ohio R.C. 3715.59.
(Res. 94. Passed 6-29-88.)
Prior to conducting a food establishment operation in the Warren City Health District, every operator, person or governmental agency shall renew the license on or before March 1 each year. However, a seasonal food establishment operation, as determined by the Warren City Board of Health, may obtain or renew its license at any time before it begins conduct of its food establishment operation during the calendar year. If a license fee is not paid as prescribed by Section 1709.03, on or before the date it is due, a penalty of twenty-five percent (25%) of any such fee shall be imposed and paid. Except as provided in this section, no food establishment operation shall be maintained and conducted in the Warren City Health District without such a license. An operator, person or governmental agency that has received a license, upon the sale or disposition of the food establishment operation or the removal to a new location may, upon obtaining consent of the Warren City Board of Health, have the license transferred, but no license shall be transferred without such consent, not more than once.
(Res. 123. Passed 8-21-91.)
(a) As defined in Section 1709.01, license fees for food establishments are hereby adopted for and in the following categories:
Under 1,000 square feet, and mobile units | $32.00 |
1,001 To 5,000 square feet | 52.00 |
5,001 To 10,000 square feet | 106.00 |
10,001 To 20,000 square feet | 148.00 |
Over 20,001 square feet | 180.00 |
Motorized ice cream vendors, per truck | 32.00 |
Group home food preparation | 32.00 |
Temporary, single event, one location (shall not exceed five day) | 20.00 |
Water sample fee | 15.00 |
Water sample fee (bacterial test only) | 10.00 |
Government, nonprofit (501(c)), churches, etc. | 60% of license fee |
(b) In the event that a license is not renewed prior to its expiration date, there shall also be a late fee charge in the amount of twenty-five percent (25%) of the license fee described herein.
(c) Locations where machines dispense only bottled or canned beverages are exempt from licensing.
(d) A fee shall be charged and collected by the Board of Health for the collection and analysis of each water sample taken from food establishment entities whose water supply is required by statute, rule, regulations, ordinance or resolution.
(Res. 151. Passed 11-30-94.)
(a) Where a license has been issued to a food establishment operation, the license shall be displayed in a conspicuous and public manner therein.
(b) Application for a food establishment license shall be made on a form prescribed and furnished by the Health Commissioner of the Warren City Health Department, who shall also prescribe and furnish the license to the licensee.
(c) It is hereby made the duty of the Board of Health to inspect or cause to be inspected and recorded on a form authorized by the Warren City Board of Health at least once annually, every food establishment located within the jurisdiction of the Warren City Health District. And for that purpose, the Board of Health has the right of entry thereto at any reasonable time.
(Res. 94. Passed 6-29-88.)
A permit to operate a food establishment may be suspended or revoked by the Board of Health upon violation by the holder of any of the terms of this regulation; however, such suspension or revocation shall not take place until the permittor has first notified such permittee in writing, called specific attention to the violation and afforded a reasonable time and opportunity to make satisfactory corrections.
(Res. 94. Passed 6-29-88.)
(a) No person, firm, association or corporation shall construct, install, provide, equip or extensively alter a food establishment until the plans therefor have been submitted to and approved in writing by the Board of Health. When such plans are submitted to the Board of Health, they shall be acted upon within thirty days after the date of receipt.
(b) The provisions of the Ohio Sanitary Code relating to submission of plans and specifications for proposed water supply, sewerage and sewage disposal, plumbing, drainage and sanitation shall apply to food establishments. In addition, the plans and specifications submitted for the approval of the Board of Health shall clearly show and describe that the provisions of Section 1709.07 can be adequately met. The plans and specifications include:
(1) The total area to be used for the food establishment.
(2) Entrances and exits.
(3) Location, number and types of plumbing fixtures including all water supply facilities.
(4) Plan of lighting, both natural and artificial.
(5) All rooms in which the food equipment is to be conducted.
(6) General layout of fixtures and other equipment.
(7) Building materials to be used.
(8) Schedule of equipment with model number.
(c) All new equipment used in a food establishment shall be of a type approved by the Board of Health. All such equipment shall be of such material and so constructed and installed as to readily conform with Section 1709.10.
(Res. 94. Passed 6-29-88.)
(a) Approved Source.
(1) Food shall be obtained from sources that comply with all laws, regulations and ordinances relating to food and food products.
(2) The use of food in hermetically sealed containers that were not prepared in a food processing establishment is prohibited.
(3) Milk and milk products used or served shall be pastuerized and meet the standards promulgated under Ohio R.C. 3707.372 and be from sources licensed under Ohio R.C. 3707.374. Dry milk and dry milk products shall be made from pasteurized milk and milk products.
(4) Only clean, whole eggs, with shell intact and without cracks for checks, or pasteurized liquid, frozen, or dry eggs or pasteurized dry egg products shall be used or sold; except that hard-boiled, peeled eggs, commercially prepared and packaged eggs may be used.
(5) Only government inspected meat shall be used or sold in a food establishment operation.
(b) Wholesome and Properly Labeled Food.
(1) Food shall be in sound condition, free from spoilage, filth or other contamination, and shall be safe for human consumption.
(2) All oysters, clams and mussels shall be packaged in nonreturnable packages identified with the name and address of the original processor or packer. All oysters, clams and mussels, if shucked, shall be kept in the original containers in which they were received until they are used.
(3) Unless its identity is unmistakable, bulk food such as cooking oil, syrup, salt, sugar or flour not stored in the product container or package in which it was obtained, shall be stored in an approved container identifying the food by common name.
(4) Samples of food and other substances may be taken and examined by the Health Commissioner as often as necessary for the detection of unwholesomeness. The Health Commissioner may retain any food for such time as is reasonably necessary for investigation and analysis when he has reason to believe it is unwholesome. The Health Commissioner may issue orders to forbid the sale of, or cause to be removed or destroyed, any food which is unwholesome, or may otherwise issue such orders as are necessary to protect the public health and to prevent the sale or serving of unwholesome food by a food establishment operation; provided, however, no food shall be destroyed or ordered destroyed before a reasonable opportunity is provided to the operator of the food establishment operation for a hearing before the Board of Health. The Board of Health may affirm, revoke or modify the order of the Health Commissioner.
(Res. 94. Passed 6-29-88.)
(a) Potentially Hazardous Food; Temperature Requirements.
(1) Potentially hazardous foods shall be kept at an internal temperature of forty-five degrees Fahrenheit (7.2 degrees Centigrade) or below, or at an internal temperature of 140 degrees Fahrenheit (sixty degrees Centigrade) or above during storage, display and transportation.
(2) Potentially hazardous foods requiring cooking shall be cooked to heat all parts of the food to a temperature of at least 140 degrees Fahrenheit (sixty degrees Centigrade).
(3) Foods shall be rapidly cooled to an internal temperature of forty- five degrees Fahrenheit (7.2 degrees Centigrade) 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 hours.
(4) Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to 165 degrees Fahrenheit (73.8 degrees Centigrade) or higher throughout before being placed in a hot food storage facility. Steam tables, bainmaries, warmers and similar hot food holding facilities are prohibited for the rapid reheating of potentially hazardous foods.
(5) Ice intended for human consumption shall not be used as a medium for cooling stored food, food containers or food utensils; except that such ice may be used for cooling tubes conveying beverages or beverage ingredients to a dispenser head.
(b) Facilities for Hot and Cold Storage. Adequate and conveniently located refrigeration facilities or effectively insulated facilities shall be provided to assure maintenance of potentially hazardous foods at the required temperature during storage, transportation, display and serving.
(c) Thermometers.
(1) Each refrigerated facility, excluding freezers, storing potentially hazardous food, shall be provided with a numerically scaled indicating thermometer, accurate to +3 degrees Fahrenheit (+1.7 degrees Centigrade), located to measure the air temperature in the warmest part of the facility and located to be easily readable. Recording thermometers, accurate to +3 degrees Fahrenheit (+1.7 degrees Centigrade), may be used in lieu of indicating thermometers.
(2) Each hot food facility storing potentially hazardous food shall be provided with a numerically scaled indicating thermometer, accurate to +3 degrees Fahrenheit (+1.7 degrees Centigrade), located to measure the air in the coolest part of the facility and located to be easily readable. Recording thermometers, accurate to +3 degrees Fahrenheit, (+1.7 degrees Centigrade), may be used in lieu of indicating thermometers. Where it is impractical to install thermometers on equipment such as bainmaries, steam tables, steam kettles, heat lamps, calrod units or insulated food transport carriers, an indicating thermometer shall be available and used to check internal food temperature.
(3) Metal stem-type numerically scaled indicating thermometers, accurate to +2 degrees Fahrenheit (+1.1 degrees Centigrade), shall be provided and used to assure the attainment and maintenance of proper internal cooking, holding or refrigeration temperature of all potentially hazardous foods.
(d) Thawing of Foods. Potentially hazardous foods shall be thawed:
(1) In refrigerated units at a temperature not to exceed forty-five degrees Fahrenheit (7.2 degrees Centigrade); or
(2) Under potable running water of a temperature of seventy degrees Fahrenheit (21.1 degrees Centigrade) or below, with sufficient water velocity to agitate and float off loose particles into the overflow; or
(3) In a microwave oven, only when the food will be immediately transferred to conventional cooking facilities as part of a continuing cooking process, or when the entire uninterrupted cooking process takes place in the microwave oven; or
(4) As a part of the conventional cooking process.
(e) Storage, Preparation, Display and Transportation.
(1) At all times, including while being stored, prepared, displayed or transported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flood-drainage, and overhead leakage or overhead dripping from condensation.
(2) Food, whether raw or prepared, if removed from the container or package in which it was obtained, shall be stored in a clean, covered, approved container except during necessary periods of preparation or service. Container covers shall be impervious and non-absorbent. Solid cuts of meat shall be protected by being covered in storage; except that primal cuts, quarters or sides of meat may be hung uncovered on clean, sanitized hooks if no food product is stored beneath the meat.
(3) Containers of food shall be stored a minimum of six inches above the floor in a manner that protects the food from splash and other contamination, and that permits easy cleaning of the storage area; except that containers may be stored on dollies, racks or pallets provided such equipment is easily movable.
(4) Food and containers of food shall not be stored under exposed or unprotected sewer lines or water lines, except for automatic fire protection sprinkler heats that may be required by law. The storage of food in toilet rooms or vestibules is prohibited.
(5) Packaged food shall not be stored in contact with water or undrained ice.
(6) Reconstituted dry milk and milk products may be used in instant desserts and whipped products for baking purposes.
(f) Handling of Meat, Cheese and Deli Food Products.
(1) 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 cross-contamination.
(2) Employees shall use scoops, tongs or other ice-dispensing utensils when handling ice for consumption.
(g) Storage of Dispensing Utensils.
(1) Between uses during service, 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 water.
(2) Ice-dispensing utensils shall be stored on a clean surface or in the ice with the dispensing utensil's handle extended out of the ice. Between uses, ice transfer receptacles shall be stored in a way that protects them from contamination.
(Res. 94. Passed 6-29-88.)
(a) Employee Health.
(1) No person, while infected with a disease in a communicable form that can be transmitted by foods, or who is a carrier of organisms that cause such a disease, or while afflicted with a boil, an infected wound or an acute respiratory infection, shall work in a food establishment operation in any capacity in which there is a likelihood of such person contaminating food or food contact surfaces with pathogenic organisms or transmitting disease to other persons.
(2) When the Health Commissioner has reasonable cause to suspect possible disease transmission by an employee of a food establishment operation, he/she may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The Health Commissioner may issue an order requiring any or all of the following measures:
A. The immediate exclusion of the employee from employment in food establishment operations;
B. Restriction of the employee's services to some area of the operation where there would be no danger of transmitting disease;
C. Adequate medical and laboratory examination of the employee and of other employees, and of the body discharges;
D. The immediate suspension of the license of a food establishment operation until, in the opinion of the Health Commissioner, no further danger of disease outbreak exists; provided, however, the operation of a food establishment operation shall not be suspended unless an opportunity is provided to the operator of the food establishment operation for a hearing before the Board of Health at the earliest reasonable time. The Board of Health may affirm, revoke or modify the order of the Health Commissioner suspending the operation of the food establishment operation.
(b) Personal Cleanliness and Employee Practices.
(1) Employees that work in meat, bakery and deli departments shall be properly instructed to thoroughly wash their hands and the exposed portions of their arms with soap and warm water before starting work, during work as often as is necessary to keep them clean, and after smoking, eating, drinking or using the restroom facilities. Employees shall keep their fingernails clean and trimmed.
(2) Employees shall not use tobacco in any form while engaged in food preparation, nor while in areas used for equipment or utensil washing or for food preparation. Employees shall use tobacco only in designated areas. An employee tobacco use area shall not be designated for that purpose if the use of tobacco therein may result in contamination of food, equipment, utensils or other items needing protection.
(3) Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods in the food preparation and handling operation.
(c) Clothing and Hair Restraints.
(1) The outer clothing of all employees shall be clean. All employees shall be neat and clean at all times. Employees working in deli, bakery and meat departments shall use effective hair restraints to prevent contamination of food or food contact surfaces.
(2) Beards and moustaches shall be neatly trimmed. There shall be no undue handling of hair. Hair shall not come into contact with food or food contact surfaces.
(Res. 94. Passed 6-29-88.)
(a) Food Contact Surfaces; Design, Construction, Maintenance.
(1) Multi-use equipment and utensils shall be constructed and repaired with safe materials, including finishing materials; shall be corrosion resistant and nonabsorbent; and shall be 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, nor contribute to the contamination of food.
(2) If solder is used, it shall be composed of safe materials and be corrosion resistant.
(3) Hard maple or equivalently nonabsorbent material that meets the general requirements set forth in this rule may be used for cutting blocks, cutting boards and similar surfaces. Wood may be used for single-service articles such as for city chicken.
(4) Food contact surfaces shall be easily cleanable; smooth; free of breaks, open seams, cracks, chips, pits and similar imperfections; and free of difficult-to-clean internal corners and crevices.
(5) Equipment containing bearings and gears requiring unsafe lubricants shall be designed and constructed so that the lubricants cannot leak, drip or be forced into food or onto food contact surfaces. Only safe lubricants shall be used on equipment designed to receive lubrication of bearings and gears on or within food contact surfaces.
(6) Sinks and drain boards shall be self-draining.
(7) Unless designed for in-place cleaning, food contact surfaces shall be accessible for cleaning and inspection:
A. Without being disassembled; or
B. By disassembling without the use of tools; or
C. By easy disassembling with the use of only simple tools such as a mallet, a screwdriver or an open-end wrench kept available near the equipment.
(8) Equipment intended for in-place cleaning shall be so designed and fabricated that:
A. Cleaning and sanitizing solutions can be circulated throughout a fixed system using an effective cleaning and sanitizing regimen; and
B. Cleaning and sanitizing solutions will contact all interior food contact surfaces; and
C. The system is self-draining or capable of being completely evacuated.
(9) Fixed equipment designed and fabricated to be cleaned and sanitized by pressure spray methods shall have sealed electrical wiring, switches and connections.
(b) Nonfood Contact Surfaces; Design, Construction, Maintenance.
(1) 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 ledges, projections or crevices, readily accessible for cleaning, and shall be of such material and in such repair as to be easily maintained in a clean and sanitary condition.
(2) Ventilation hoods and devices shall be designed to prevent grease or condensation from collection on walls and ceilings, and from dripping into food or onto food contact surfaces. Filters or other grease extracting equipment shall be readily removable for cleaning and replacement if not designed to be cleaned in place.
(3) Equipment, including ice makers and ice storage equipment, shall not be located under exposed or unprotected sewer lines or water lines, open stairwells or other sources of contamination. This requirement does not apply to automatic fire protection sprinkler heads that may be required by law.
(4) Equipment that is placed on tables or counters, unless portable, shall be sealed to the table or counter, or elevated on legs to provide at least a four-inch clearance between the table or counter and equipment, and shall be installed to facilitate the cleaning of the equipment and adjacent areas.
(5) Equipment is "portable" within the meaning of this rule if:
A. It is small and light enough to be moved easily by one person; and
B. 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.
(6) Floor-mounted equipment, unless easily movable, shall be;
A. Sealed to the floor; or
B. Installed on a raised platform of concrete or other smooth masonry in a way that meets all the requirements for sealing or floor clearance; or
C. Elevated on legs to provide at least a six-inch clearance between the floor and equipment, except that vertically mounted floor mixers may be elevated to provide at least a four-inch clearance between the floor and equipment if no part of the floor under the mixer is more than six inches from cleaning access.
(7) Equipment is "easily movable" within the meaning of this section if:
A. It is mounted on wheels or casters; and
B. 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.
(8) Unless sufficient space is provided for easy cleaning between, behind and above fixed equipment, the equipment shall be sealed to the adjoining equipment or adjacent walls or ceilings.
(9) Aisles and working spaces between units of 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 the working area.
(c) Dishwashing Facilities.
(1) Cleaning and sanitizing may be done by spray-type or immersion dishwashing machines, or by any other 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 and maintained in good repair. Machines and devices shall be operated in accordance with manufacturers' instructions, and utensils and equipment placed in the machine shall be exposed to all dishwashing cycles. Automatic detergent dispensers, wetting agent dispensers and liquid sanitizer injectors, if any, shall be properly installed and maintained.
(2) Chemicals added for sanitization purposes shall be automatically dispensed.
(3) Rinse water tanks shall be protected by baffles, curtains or other effective means to minimize the entry of wash water into the rinse water. Conveyors in dishwashing machines shall be accurately times to assure proper exposure times in wash and rinse cycles in accordance with manufacturer's specifications attached to the machines.
(4) Equipment and utensils shall be placed in racks, trays, baskets or on conveyors, in such a way that food contact surfaces are exposed to the unobstructed application of detergent wash and clean rinse waters and that permits free draining.
(5) The pressure of final rinse water supplied to spray-type dishwashing machines shall not be less than fifteen or more than twenty-five pounds per square inch measured in the water line immediately adjacent to the final rinse control valve.
(6) All dishwashing machines shall be thoroughly cleaned at least once a day, or more often when necessary, to maintain them in a satisfactory condition.
(7) 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 the equipment and utensils.
(8) When hot water immersion is used for sanitizing, the following facilities shall be provided and used:
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 Fahrenheit (76.7 Centigrade).
(9) Fixed equipment and utensils too large to be cleaned in sink compartments shall be washed manually or cleaned through pressure spray methods and sanitized in accordance with this rule.
(10) Separate drain boards shall be provided of adequate size for the proper handling of soiled utensils prior to washing and of cleaned utensils following sanitization, and shall be so located and constructed as not to interfere with the proper use of the dishwashing facilities. This does not preclude the use of easily movable dish tables for the storage of soiled utensils or the use of easily movable dish tables for the storage of clean utensils following sanitization.
(d) Thermometers and Test Kits.
(1) For mechanical cleaning and sanitizing equipment:
A. Machine or water-line mounted, numerically scaled indicating thermometers, accurate to +3 degrees Fahrenheit (+1.7 Centigrade), shall be provided to indicate the temperature of the water in each tank of the machine and the temperature of the final rinse water as it enters the manifold.
B. A one-fourth inch IPS valve shall be provided immediately upstream from the final rinse control valve to permit checking the flow pressure of the final rinse water.
(2) Where chemicals are used for sanitization, they shall not have concentrations higher than the maximum permitted under 21 C.F.R. 178.1010. A test kit or other device that accurately measures the parts per million concentration of the solution shall be provided and used.
(3) When manual hot water immersion is used for sanitizing, a numerically scaled indicating thermometer, accurate to +3 degrees Fahrenheit (+1.7 degrees Centigrade), shall be convenient to the sink for frequent checks of water temperature.
(e) Utensils; Preflushed, Scraped, Soaked. Equipment and utensils shall be flushed, or scraped and, when necessary, soaked to remove gross food particles and soil prior to being washed in a dishwashing machine unless a prewash cycle is part of the dishwashing machine operation.
(f) Wash, Rinse, and Bactericidal Treatment - Mechanical.
(1) Machines using hot water for sanitizing may be used provided that wash water and pumped rinse water shall be kept clean and water shall be maintained at not less than the temperature stated in the federal standards for hot water sanitizing.
(2) Machines (single tank, stationary rack, door-type machines and spray-type glass washers) using chemicals for sanitization may be used, provided that:
A. The temperature of the wash water shall not be less than 120 degrees Fahrenheit (48.8 degrees Centigrade);
B. The wash water shall be kept clean;
C. Chemicals added for sanitization purposes shall be automatically dispensed, as specified by the machine's manufacturer.
(g) Wash, Rinse and Bactericidal Treatment - Manual.
(1) Utensils and equipment shall be washed, rinsed and sanitized after each use. Kitchenware and food contact surfaces of equipment shall be washed, rinsed and sanitized after each use and following any interruption of operations during which time contamination may have occurred.
A. Equipment and utensils shall be thoroughly washed in the first compartment of a three-compartment sink with a hot detergent solution that is kept clean.
B. Equipment and utensils shall be rinsed free of detergent and abrasives with clean water in the second compartment of a three-compartment sink.
C. Equipment and utensils shall be sanitized in the third compartment of a three-compartment sink according to one of the methods approved in this rule.
(2) The food contact surfaces of all equipment and utensils shall be sanitized by:
A. Immersion for at least one-half minute in clean hot water at a temperature of at least 170 degrees Fahrenheit (76.7 degrees Centigrade); or
B. Immersion for at least one minute in a clean solution containing at least fifty PPM of available chlorine as a hypochlorite and at a temperature of at least seventy-five degrees Fahrenheit (23.9 degrees Centigrade); or
C. Immersion for at least one minute in a clean solution containing at least 12.5 PPM of available iodine and having a Ph not higher than 5. and at a temperature of at least seventy-five degrees Fahrenheit or (23.9 degrees Centigrade); or
D. Immersion in a clean solution containing any other chemical sanitizing agent allowed under 21 C.F.R. 178.1010 that will provide the equivalent bactericidal effect of solution containing at least fifty PPM of available chlorine as a hypochlorite at a temperature of at least seventy-five degrees Fahrenheit (23.9 degrees Centigrade) for one minute; or
E. Treatment with steam, free from materials or additives other than those specified in 21 C.F.R. 173.310, in the case of equipment too large to sanitize by immersion but in which steam can be confined; or
F. Rinsing, spraying or swabbing with a chemical sanitizing solution of at least twice the strength required for that particular sanitizing solution under this rule in the case of equipment too large to sanitize by immersion.
G. Utensils and equipment shall be exposed to the final chemicals sanitizing rinse in accordance with manufacturers' specifications for time and concentration.
H. The chemical sanitizing rinse water temperature shall not be less than seventy-five degrees Fahrenheit (23.9 degrees Centigrade) nor less than the temperature specified by the machine's manufacturer.
(3) Notwithstanding subsection (g)(1) hereof, a two-compartment sink may be used for manually washing and sanitizing utensils and equipment when an approved detergent-sanitizer product is used and the two-compartment sink has been in use prior to the effective date of this section. An "approved detergent-sanitizer product" means one in which all chemicals are compatible, the product is registered with the United States Environmental Protection Agency, and its label claims it will clean and sanitize.
(h) Wiping Cloths. Moist cloths used for wiping food spills on utensils and food contact surfaces of equipment shall be clean and rinsed frequently in one of the sanitizing solutions permitted in this rule and used for no other purpose. These cloths shall be stored in the sanitizing solution between uses.
(i) Cleaning Frequency of Equipment and Utensil Food Contact Surfaces.
(1) Where equipment and utensils are used for the preparation of potentially hazardous foods on a continuous or production-line basis, utensils and the food contact surfaces of equipment shall be washed, rinsed and sanitized at intervals throughout the day on a schedule based on food temperature, type of food and amount of food particle accumulation.
(2) Microwave ovens shall be cleaned at least once a day; except that this requirement shall not apply to hot oil cooking equipment and hot oil filtering systems. The food contact surfaces of all cooking equipment shall be kept free of encrusted grease deposits and other accumulated soil.
(j) Cleaning Frequency of Equipment and Utensil Non-food Contact Surfaces. Non-food contact surfaces of equipment, food storage and single service items shall be cleaned as often as is necessary to keep free of accumulation of dust, dirt, food particles and other debris.
(k) Storage and Handling of Equipment and Utensils.
(1) Cleaned and sanitized utensils and equipment shall be stored at least six inches above the floor in a clean, dry location in a way that protects them from contamination by splash, dust and other means.
(2) Equipment and utensils shall be air dried before being stored or shall be stored in a self-draining position.
(3) The storage and handling of food equipment, utensils or single service articles in toilet rooms or vestibules is prohibited.
(l) Single-Service Articles.
(1) Single-service articles used in meat, bakery and deli departments shall be stored at least six 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, except for automatic fire protection sprinkler heads that may be required by law.
(2) Single-service articles shall be handled and dispensed in a manner that prevents contamination of surfaces which may come in contact with food or with the mouth of the user.
(Res. 94. Passed 6-29-88.)
(a) The water supply shall be adequate and shall be of safe sanitary quality. The water supply systems shall meet the applicable standards of the Ohio Environmental Protection Agency.
(b) All potable water not provided directly by pipe to the food establishment operation from the source 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 and operated in accordance with the applicable standards of the Ohio Protection Agency.
(c) Bottled and packaged potable water shall be obtained from a source that complies with applicable laws and shall be handled and stored in a way that protects it from contamination. Bottled and packaged potable water shall be dispensed from the original container.
(d) Water under pressure at the required temperatures shall be provided to all fixtures and equipment that use water.
(e) Steam used in contact with food or food contact surfaces shall be free from any materials or additives other than those specified in 21 C.F.R. 173.310.
(Res. 94. Passed 6-29-88.)
All sewage and liquid waste shall be disposed of in a public sanitary system or by any other applicable approved standards. Non-water carried sewage disposal facilities are prohibited, except as permitted in mobile food establishment operations or as permitted in remote areas by the local health department or because of special situations.
(Res. 94. Passed 6-29-88.)
(a) Installation and Maintenance.
(1) Plumbing shall be sized and installed as per Chapter 4101:2-51 of the Ohio Administrative Code.
(2) A nonpotable water system may be used for flushing water closets, urinals and other fixtures not requiring potable water; provided, such water shall not be accessible for drinking or culinary purposes. A nonpotable system shall be designated by the proper color coding or so marked at outlets to be readily identified as nonpotable.
(3) Grease interceptors shall be located immediately outside the building and readily accessible for cleaning unless impractical (waste lines too long), in which case they may be located adjacent to and outside the food preparation area or in the room in which food is prepared but contained in the dirty dish area.
(4) Garbage disposal units, if installed, shall meet Rule 4101:2-51 24 of the Ohio Administrative Code and shall not be permitted to discharge into the grease interceptor.
(5) In new or remodeled operations, at least one utility sink or curbed cleaning facility with a properly trapped and vented floor drain shall be provided and used for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water or similar liquid wastes.
(6) The use of lavatories and utensil washing, equipment washing, or food preparation sinks for the disposal of mop water or similar liquid waste is prohibited.
(b) Cross Connection - Back Siphonage and Backflow.
(1) The potable water system shall be installed to conform to acceptable engineering practice and properly equipped with backflow prevention devices, vacuum breakers or air gapped. Backflow prevention devices and vacuum breakers shall meet accepted "American Society of Sanitary Engineering" standards as contained in Table (A) of Rule 4101:2-51-05 of the Ohio Administrative Code. Air gapping, where applicable, shall conform to accepted engineering practice.
(2) The potable water supply to outlets, fixtures, equipment and devices where water is made available for human consumption or culinary purposes shall be protected from back-siphonage.
(3) All equipment used for preparation, processing or storage of food in establishments engaging in the preparation, storage, processing, selling, serving or otherwise handling of food or beverages shall have drains therefrom indirectly connected to the soil or waste system. All other equipment such as sinks and dishwashers shall be directly connected and properly trapped and vented.
(4) Floor drains, when installed in cold storage facilities not subject to freezing, shall be indirectly connected as indicated in Paragraph (E) of Rule 4101:2-51-22 of the Ohio Administrative Code.
(Res. 94. Passed 6-29-88.)
(a) Ration and Installation.
(1) Toilet facilities shall be installed according to Rule 4101:2-28-08 of the Administrative Code (Article 28 of the "Ohio Basic Building Code"), shall be conveniently located and shall be accessible to employees at all times.
(2) Toilets and urinals shall be designed to be easily cleanable.
(3) Lavatories shall be provided and installed according to law and shall be located to permit convenient use by all employees in food preparation areas and utensil washing areas.
(4) Lavatories shall be accessible to employees at all times.
(5) Lavatories 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 hand washing.
(6) Each lavatory shall be provided with hot and cold, or warm potable running water.
(b) Facilities Kept Clean and in Good Repair.
(1) Toilet rooms shall be completely enclosed and shall have tight fitting, self-closing, solid doors, which shall be closed except during cleaning and maintenance.
(2) Toilet facilities shall be kept clean and in good repair. A supply of toilet tissue shall be provided at each toilet at all times. Easily cleanable receptacles shall be provided for waste materials. Toilet rooms used by women shall have at least one covered waste receptacle.
(3) A supply of hand-cleaning soap or detergent shall be available at each lavatory. A supply of sanitary towels or a hand-drying device providing heated air shall be conveniently located near each lavatory. Common towels are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the handwashing facilities.
(4) Lavatories, soap dispensers, hand-drying devices, and all related fixtures shall be kept clean and in good repair.
(Res. 94. Passed 6-29-88.)
(a) Containers.
(1) Garbage and refuse shall be kept in durable, cleanable, insect-proof and rodent-proof containers that do not leak and do not absorb liquids. Plastic bags and wet-strength paper bags may be used to line these containers.
(2) Containers used in food preparation and utensil washing areas shall be kept covered when not in use.
(3) Containers stored outside the operation, and dumpsters, compactors and compactor systems shall be cleanable; shall be provided with tight-fitting lids, doors or covers; and shall be kept covered when not in actual use. In dumpsters and compactors 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 accumulates.
(5) Soiled containers shall be cleaned at a frequency to prevent insect and rodent 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.
(6) Suitable facilities, including steam or hot water and detergent, shall be provided and used for washing refuse containers. Liquid waste from compacting or cleaning operations shall be disposed of as sewage.
(7) Garbage and refuse on the premises shall be stored in such a manner as to make it inaccessible to insects and rodents. Outside storage of unprotected plastic bags, wet-strength paper bags or baled units containing garbage or refuse is prohibited. Cardboard or other packaging material not containing garbage or food wastes shall be stored in a manner that does not create a nuisance.
(b) Storage. Outside storage areas or enclosures shall be large enough to store the garbage and refuse containers that accumulate and shall be kept clean. Garbage and refuse containers, dumpsters and compactor systems shall be stored on or above a smooth surface that is kept clean, maintained in good repair and graded to prevent pooling of water.
(Res. 94. Passed 6-29-88.)
(a) Insect and Rodent Control.
(1) Effective measures intended to minimize the presence of rodents, flies, cockroaches and other insects on the premises shall be utilized. The premises shall be kept in such condition as to prevent the harborage or feeding of insects or rodents.
(2) Openings to the outside shall be effectively protected against the entrance of rodents. Outside openings shall be protected against the entrance of insects 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 not be less than sixteen-mesh to the inch.
(b) Animal Control. Live animals shall be excluded from within the food establishment operational premises under the control of the licenseholder. This exclusion does not apply to edible fish, crustacea, shellfish or to fish in aquariums. Patrol dogs accompanying security or police officers, and guide dogs or hearing dogs accompanying blind or deaf persons shall be permitted in the establishment.
(Res. 94. Passed 6-29-88.)
(a) Floors Kept Clean and in Good Repair.
(1) Floors and floor coverings of all food preparation, food storage and utensil washing areas, and the floors of all walk-in refrigerating units, dressing rooms, locker rooms, toilet rooms and vestibules shall be constructed of smooth, durable material such as sealed concrete, terrazzo, ceramic tile, durable grades of linoleum or plastic, or tight wood impregnated with plastic, and shall be maintained in good repair. Nothing in this rule shall prohibit the use of anti-slip floor covering in areas where necessary for safety reasons.
(2) The use of sawdust, wood shavings, peanut hulls or similar material as a floor covering is prohibited.
(3) Mats shall be of nonabsorbent, grease resistant materials and of such size, design and construction as to facilitate their being easily cleaned.
(4) In all new or extensively remodeled operations where waterflush or wet mop cleaning methods are used, the junctures between walls and floors shall be covered and sealed. In all other cases, the juncture between walls and floors shall not present an open seam.
(5) Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the floor. In all new or extensively remodeled operations, installation of exposed horizontal utility lines and pipes on the floor is prohibited.
(6) Cleaning of floors, except emergency cleaning, shall be done during periods when the least amount of food is exposed such as after closing or between meals. Floors, mats, duckboards and attached equipment and decorative materials shall be kept clean. Only dustless methods of cleaning floors shall be used such as vacuum cleaning, wet cleaning or the use of dust-arresting sweeping compounds with brooms.
(7) Garbage or refuse storage rooms, if used, shall be constructed of easily cleanable, nonabsorbent materials; shall be kept clean; shall be insect-proof and rodent-proof; and shall be large enough to store all garbage and refuse containers. These floors shall be constructed only of sealed concrete, terrazzo, ceramic tile or similar materials, and shall be graded to prevent pooling of water.
(b) Walls and Ceilings Kept Clean and In Good Repair.
(1) Walls and ceilings, including doors, windows, skylights and similar closures shall be maintained clean and in good repair.
(2) Walls, including nonsupporting partitions and wall coverings, and ceilings of walk-in refrigerating units, food preparation areas, equipment washing and utensil washing areas, toilet rooms and vestibules shall be smooth, nonabsorbent and easily cleanable. Concrete or pumice blocks used for interior wall construction in these locations shall be finished and sealed to provide an easily cleanable surface.
(3) Studs, joists and rafters shall not be exposed in walk-in refrigerating units, food preparation areas, equipment washing and utensil washing areas, toilet rooms and vestibules. If exposed in other rooms or areas, they shall be finished to provide an easily cleanable surface.
(4) Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the walls and ceilings. Utility service lines and pipes shall not be unnecessarily exposed on walls or ceilings in walk-in refrigerating units, food preparation areas, equipment washing and utensil washing areas, toilet rooms and vestibules.
(5) Light fixtures, vent covers, wall-mounted fans, decorative materials and similar equipment attached to walls and ceilings shall be easily cleanable and shall be maintained in good repair.
(6) Wall and ceiling covering materials shall be attached and sealed so as to be easily cleanable.
(Res. 94. Passed 6-29-88.)
(a) Food Preparation and Washing Areas. Permanently fixed artificial light sources shall be installed to provide at least forty foot-candles of light on all food preparation surfaces and at equipment or utensil washing work levels.
(b) All Other Permanent Lighting. Permanently fixed artificial light sources shall be installed to provide, at a distance of thirty inches from the floor:
(1) At least forty foot-candles of light in utensil and equipment storage areas and in lavatory and toilet areas; and
(2) At least twenty foot-candles of light in walk-in refrigerating units, dry food, food display, food storage areas and in all other areas.
(c) Light Shields. Shielding to protect against broken glass falling onto food shall be provided for all artificial lighting fixtures located over, adjacent to or within food storage, preparation, service and display facilities, and facilities where utensils and equipment are cleaned and stored.
(d) Infrared and Heat Lamps. 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.
(Res. 94. Passed 6-29-88.)
(a) Ventilation for Cooking Areas. All rooms used for cooking purposes 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 Chapter 4101:2-37 of the Administrative Code (Article 37 of the "Ohio Basic Building Code".) When vented to the outside, the ventilation system shall not create an unsightly, harmful or unlawful discharge.
(b) Air Ducts. Intake and exhaust air ducts shall be maintained to prevent the entrance of dust, dirt and other contaminating materials.
(c) New and Remodeled Operations. In new or extensively remodeled operations, all rooms from which obnoxious odors, vapors or fumes originate shall be mechanically vented to the outside.
(Res. 94. Passed 6-29-88.)
(a) If employees routinely change clothes within the operation, rooms or areas shall be designated and used for that purpose.
(b) Enough lockers or other suitable facilities shall be provided and used for the orderly storage of employee clothing and other belongings. Lockers or other suitable facilities may be located only in the designated dressing rooms, or in food storage rooms or areas containing only completely packaged food or packaged single-service articles.
(Res. 94. Passed 6-29-88.)
There shall be present in food establishment operations, (meat, bakery and deli) only those poisonous or toxic materials necessary for maintaining the operation, cleaning and sanitizing equipment and utensils.
(a) Poisonous and toxic materials are to be kept in their original containers, or the containers of poisonous or toxic materials shall be prominently and distinctly labeled for easy identification of contents.
(b) Poisonous or toxic materials consist of the following categories:
(1) Pesticides
(2) Detergents, sanitizers and related cleaning or drying agents
(3) Flammables
(4) Corrosives
(c) Each of the four categories set forth in subsection (b) hereof shall be stored and physically located separate from each other. All poisonous or toxic materials shall be stored in cabinets or in a similar physically separate place used for no other purposes. To preclude 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 equipment availability of detergents or sanitizers at utensil or washing stations.
(d) Bactericides, 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 such surfaces that constitutes a hazard to employees or other persons.
(e) Poisonous or toxic materials shall not be used in a way that contaminates food, equipment or utensils; nor in a way that constitutes a hazard to employees or other persons; nor in a way other than in full compliance with the manufacturers' labeling.
(f) Personal medications shall not be stored in food storage, preparation or service areas.
(g) First aid supplies shall be stored in a way that prevents them from contaminating food and food contact surfaces.
(Res. 94. Passed 6-29-88.)
(a) Premises.
(1) Food establishment operations and all parts of property used in connection with their operations shall be kept free of litter or rubbish.
(2) The walking and driving surfaces of all exterior areas of food establishment operations shall be surfaced with concrete, asphalt or with gravel or similar material effectively treated to facilitate maintenance and minimize dust. These surfaces shall be graded to prevent pooling and shall be kept free of litter.
(3) Only articles necessary for the operation and maintenance of the food establishment operation shall be stored on the premises.
(4) The traffic of unnecessary persons through the food preparation and utensil washing areas is prohibited.
(5) 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.
(b) Living Quarters and Laundry. No portion of a food establishment operation shall be conducted in any room used as a living or sleeping quarters. Food establishment operations shall be separated from any living and/or sleeping quarters by complete partitioning and solid, self-closing doors with an intervening vestibule or public area, except those operations exempted by the Director.
(c) Linen Storage.
(1) Clean clothes and linens shall be stored in a clean place and protected from contamination until used.
(2) Soiled clothes and linens shall be stored in nonabsorbent containers or washable laundry bags until removed for laundering, and shall be located so as not to contaminate the food.
(Res. 94. Passed 6-29-88.)
The Board of Health may grant a hearing to an operator and authorize in specific cases, such variance from the requirements of these regulations as will not be contrary to the public interest, where the operator shows that because of practical difficulties or other special conditions, their strict application will cause unusual and unnecessary hardship. However, no variance shall be granted that will defeat the spirit and general intent of these regulations, or otherwise, not be in the public interest.
(Res. 94. Passed 6-29-88.)
All regulations and resolutions and parts of regulations and resolutions in conflict with this chapter are hereby repealed to the extent of such conflicts only. This chapter shall be in full force and effect immediately upon its adoption and its publication as provided by law.
(Res. 94. Passed 6-29-88.)