(D) Except as specified in ¶¶ (B) and (E) of this section, if the windows or doors of a FOOD ESTABLISHMENT, or of a larger structure within which a FOOD ESTABLISHMENT is located, are kept open for ventilation or other purposes or a TEMPORARY FOOD ESTABLISHMENT is not provided with windows and doors as specified under ¶ (A) of this section, the openings shall be protected against the entry of insects and rodents by:
(1) 16 mesh to 25.4mm (16 mesh to 1 inch) screens;
(2) Properly designed and installed air curtains to control flying insects; or
(3) Other effective means.
(B) At least 215 lux (20 foot candles):
(1) At a surface where FOOD is provided for CONSUMER self-service such as buffets and salad bars or where fresh produce or PACKAGED FOODS are sold or offered for consumption,
(2) Inside EQUIPMENT such as reach-in and under-counter refrigerators; and
(3) At a distance of 75 cm (30 inches) above the floor in areas used for handwashing, WAREWASHING, and EQUIPMENT and UTENSIL storage, in toilet rooms; and
(B) Live animals may be allowed in the following situations if the contamination of FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES cannot result:
(1) Edible FISH or decorative FISH in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems;
(2) Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;
(3) In areas that are not used for FOOD preparation and that are usually open for customers, such as dining and sales areas, SERVICE ANIMALS that are controlled by the disabled EMPLOYEE or person, if a health or safety HAZARD will not result from the presence or activities of the SERVICE ANIMAL;
(4) Pets in the common dining areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if:
(a) Effective partitioning and self-closing doors separate the common dining areas from FOOD storage or FOOD preparation areas,
(b) Condiments, EQUIPMENT, and UTENSILS are stored in enclosed cabinets or removed from the common dining areas when pets are present, and
(c) Dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service; and
(5) In areas that are not used for FOOD preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly restricted, such as in a variety store that sells pets or a tourist park that displays animals.
(C) Live or dead FISH bait may be stored if contamination of FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES cannot result.
(D) Only dogs may be allowed in the outside seating areas of a FOOD ESTABLISHMENT if the following requirements are strictly followed:
(1) Applies to the exterior areas of outdoor dining of a FOOD ESTABLISHMENT only. Live animals are not allowed in the interior portions of the FOOD ESTABLISHMENT.
(2) A separate entrance is provided to reach the outdoor dining area so that dogs never enter the FOOD ESTABLISHMENT.
(3) The OPERATOR shall provide signage alerting customers that dogs are allowed in outdoor seating areas. Signage shall be approved by REGULATORY AUTHORITY.
(4) No food or BEVERAGE preparation shall be allowed in the outdoor dining area.
(5) Customer multi-use or reusable UTENSILS such as plates, silverware, glasses and bowls shall not be stored, displayed or pre-set in the outdoor dining area.
(6) FOOD shall not be served to pets in the outdoor dining areas of a FOOD ESTABLISHMENT. However, water may be provided by the FOOD ESTABLISHMENT for consumption by the dog in SINGLE-USE disposable containers.
(7) EMPLOYEES shall be prohibited from having direct contact with dogs while on duty.
(8) Dogs shall not be allowed on chairs, seats, benches, and tables.
(9) The outdoor dining areas of a FOOD ESTABLISHMENT shall be maintained clean at all times
(10) In cases where excrement or other bodily fluids (urine, saliva, and vomit) are deposited, an EMPLOYEE shall immediately clean the affected area.
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(B) Locating the POISONOUS OR TOXIC MATERIALS in an area that is not above FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE or SINGLE-USE ARTICLES.
This paragraph does not apply to EQUIPMENT and UTENSIL cleaners and SANITIZERS that are stored in WAREWASHING areas for availability and convenience if the materials are stored to prevent contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES. P
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40 CFR 180.940 Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (FOODCONTACT SURFACE SANITIZING solutions)
P, or
(1) Generally recognized as safe for use in FOOD as specified in
21 CFR 182 - Substances Generally Recognized as Safe, or
21 CFR 184 - Direct Food Substances Affirmed as Generally Recognized as Safe,
P
(2) Generally recognized as safe for the intended use as specified in
21 CFR 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe,
P
(3) Generally recognized as safe for the intended use as determined by experts qualified in scientific training and experience to evaluate the safety of substances added, directly or indirectly, to FOOD as described in
21 CFR 170.30 Eligibility for classification as generally recognized as safe (GRAS),
P
(4) Subject of an effective Food Contact Notification as described in the Federal Food Drug and Cosmetic Act (FFDCA) Section 409(h), P
(5) APPROVED for use as a drying agent under a prior sanction as described in the Federal Food Drug and Cosmetic Act (FFDCA) § 201(s) (4);
P
(6) Specifically regulated as an indirect FOOD ADDITIVE for use as a drying agent as specified in
21 CFR Parts 174-
178,
P or
(7) APPROVED for use as a drying agent under the threshold of regulation process established by
21 CFR 170.39 Threshold of regulation for substances used in food-contact articles;
P and
(B) Stored in a kit or a container that is located to prevent the contamination of FOOD
, EQUIPMENT
, UTENSILS, and LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
P
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(D) If APPROVED by the DEPARTMENT, an enclosed building as specified in ¶ (A) of this section, may not be required as a SERVICE BASE if it can be demonstrated that the lack of such a building will not interfere with the sanitary operation or servicing, cleaning, inspection and maintenance of the MOBILE FOOD ESTABLISHMENT.
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(B) The water storage tank shall be sized as specified in § 5-103.11, but no smaller than the following:
(1) A MOBILE FOOD ESTABLISHMENT that only serves BEVERAGES or prepared FOOD or reheats prepared FOODS shall have a water storage tank with a capacity of at least 38 liters (10 gallons) for FOOD EMPLOYEE handwashing;
(2) A FOOD PUSHCART shall have a water storage tank with a minimum capacity of 19 liters (5 gallons) for handwashing; or
(3) A MOBILE FOOD ESTABLISHMENT that prepares FOOD or BEVERAGES on the unit shall have a water storage tank with a capacity of at least 151 liters (40 gallons) for handwashing, UTENSIL washing and SANITIZING purposes.
(B) The PUSHCART shall provide adequate shielding to protect FOOD from contamination.
(B) When a TEMPORARY FOOD ESTABLISHMENT cannot connect to an APPROVED SEWAGE disposal system, a container for liquid waste storage shall be provided and shall be emptied when necessary to a public sewer or other location APPROVED by the DEPARTMENT or its agent.
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(A) The DEPARTMENT, on the basis of construction criteria developed by the national sanitation foundation (NSF) or the national automatic merchandising association (NAMA); or
(B) A testing laboratory APPROVED by the DEPARTMENT. Testing laboratories APPROVED by the DEPARTMENT are the national sanitation foundation (NSF) and laboratories participating in the national automatic merchandising association (NAMA) VENDING MACHINE evaluation program.
Note: DEPARTMENT approval is based upon the NSF or NAMA construction criteria. Copies of the criteria can be obtained by writing the National Sanitation Foundation, P.O. Box 130140, 789 N Dixboro Rd., Ann Arbor, Michigan 48105 or the National Automatic Merchandising Association, 20 N. Wacker Drive, suite 3500, Chicago, Illinois 60606.
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(B) Dispensing. All SINGLE-SERVICE ARTICLES with which FOOD normally comes in contact, including straws, spoons, forks, and containers, shall be furnished to the customer in the original individual wrapper, unopened, or in a sanitary SINGLESERVICE dispenser APPROVED by the DEPARTMENT.
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(B) Thermometers.
(1) A thermometer accurate to ±2°F. or 1°C. shall be provided in the VENDING MACHINE to indicate the air temperature of the warmest part of the cold FOOD storage area of the machine or the coldest part of the hot FOOD storage area of the machine, as applicable.
(2) This thermometer shall be visible to the EMPLOYEE during normal filling and servicing operations.
(C) Dispensing EQUIPMENT. VENDING MACHINE dispensing EQUIPMENT shall meet the requirements specified under 4-204.13 and 4-204.14, as applicable.
(D) Can openers. Can openers on VENDING MACHINES shall meet the requirements specified under 4-204.19.
(E) Equipment maintenance.
(1) Maintenance. VENDING MACHINES and related EQUIPMENT shall be maintained in a clean and sanitary condition and in good repair.
(2) Replacement parts. All replacement parts and tubing shall be equal to or exceed original EQUIPMENT specifications. Where clear tubing is used, it shall be replaced with clear tubing. No part built in as a function of the VENDING MACHINE may be removed or bypassed.
(3) VENDING MACHINE doors and access openings shall meet the requirements under section 4-204.123.
(B) A course shall consist of at least 3 hours of instruction time and include an examination on the information presented.
(C) A course shall cover the following subjects:
(1) Temperature control of TIME/TEMPERATURE CONTROL FOR SAFETY FOOD during preparation, storage, transportation, and service;
(2) Effective cleaning and SANITIZING of UTENSILS and EQUIPMENT;
(3) FOOD protection, including the shelf life for FOODS;
(4) FOOD worker personal hygiene;
(5) Effective handwashing techniques;
(6) Identification of TIME/TEMPERATURE CONTROL FOR SAFETY FOOD;
(7) Storage and use of toxic products;
(8) HACCP concepts and practices; and
(9) Special problems in FOOD service sanitation.
(D) The department may authorize modification of course content to address code changes and emerging FOOD safety issues.
(E) A request for APPROVAL of a recertification training course shall be submitted to the DEPARTMENT in writing along with the proposed curriculum.
(D) The DEPARTMENT may cancel its APPROVAL of a training course at any time if its investigation reveals that the criteria in this subsection are not being met.
Note: To request APPROVAL of a recertification training course, write the Department of Agriculture, Trade and Consumer Protection, Division of Food and Recreational Safety, P.O. Box 8911, Madison, WI 53708-8911, telephone 608-224-4700
