Statutory Authority: Section 74-1-8 NMSA 1978 directs the Environmental Improvement Board to promulgate regulations and standards for food protection. Section 74-1-9 NMSA 1978 directs the procedures for adoption. Section 25-1-4 delineates requirements of food service establishments to prepare and serve food in a manner safe for human consumption, free from adulteration, spoilage, contamination and unwholesomeness. Section 25-1-7 NMSA 1978 authorizes the department of environment to execute any provisions of the Food Service Sanitation Act (Chapter 25, Article 1 NMSA 1978.) [7.6.2.3 NMAC - Rp 7 NMAC 6.1.003, 08/12/2000]
Regulation Effective as of: 08/12/00
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TITLE 7 HEALTH
CHAPTER 6 FOOD HANDLING
PART 2 FOOD SERVICE AND FOOD PROCESSING
7.6.2.1 ISSUING AGENCY: New Mexico Environmental Improvement Board.
[7.6.2.1 NMAC - Rp 7 NMAC 6.1.001, 08/12/2000]
7.6.2.2 SCOPE: All food service establishments and food processing establishments.
[7.6.2.2 NMAC - Rp 7 NMAC 6.1.002, 08/12/2000]
7.6.2.3 STATUTORY AUTHORITY: Section 74-1-8 NMSA 1978 directs the Environmental Improvement Board to promulgate regulations and standards for food protection. Section 74-1-9 NMSA 1978 directs the procedures for adoption. Section 25-1-4 delineates requirements of food service establishments to prepare and serve food in a manner safe for human consumption, free from adulteration, spoilage, contamination and unwholesomeness. Section 25-1-7 NMSA 1978 authorizes the department of environment to execute any provisions of the Food Service Sanitation Act (Chapter 25, Article 1 NMSA 1978.)
[7.6.2.3 NMAC - Rp 7 NMAC 6.1.003, 08/12/2000]
7.6.2.4 DURATION: Permanent.
[7.6.2.4 NMAC - Rp 7 NMAC 6.1.004, 08/12/2000]
7.6.2.5 EFFECTIVE DATE: August 12, 2000 unless a later date is cited in the History of 7.6.2 NMAC.
[7.6.2.5 NMAC - Rp 7 NMAC 6.1.005, 08/12/2000]
7.6.2.6 OBJECTIVE: The objective of these regulations is to protect the public health by establishing standards and provisions for the safe operation of food establishments to assure that consumers are not exposed to adverse environmental health conditions.
[7.6.2.6 NMAC - Rp 7 NMAC 6.1.006, 08/12/2000]
7.6.2.7 DEFINITIONS:
A. "approved" means acceptable to the Secretary based on determinations of conformance with
appropriate standards and good public health practices and applicable state and federal laws.
B. "Bed and Breakfast establishment" means a lodging facility that offers a breakfast, which is included in the room rate, and the owner or manager is a permanent resident of the facility. The total number of people regularly served breakfast shall not exceed twenty-four, including overnight guests, residents and staff. For permitting purposes, the two types of Bed and Breakfast establishments are continental-menu and expanded-menu.
C. "caterer" means a food establishment, other than a mobile unit, which may prepare or serve food at locations other than on the premises of the permitted food establishment. Catering does not include operations that only deliver foods such as pizza delivery.
D. "closed" means fitted together snugly leaving no openings larger than 1/16 inch.
E. "commissary" means a permitted catering establishment, restaurant, or any food establishment in
which food, food containers or food supplies are kept, handled, prepared, packaged or stored from which meals are catered and mobile food service units or pushcarts are serviced.
F. "continental-menu Bed and Breakfast" means a Bed and Breakfast establishment that serves only a continental-style breakfast. An afternoon snack consisting only of commercially-prepared, non-potentially hazardous foods is also allowed
G. "corrosion-resistant material" means a material that maintains its original surface characteristics
under prolonged influence of the food, cleaning compounds, and sanitizing solutions that may contact it.
H. "critical control point" means any point or procedure in a specific food system where loss of
control may result in an unacceptable health risk.
I. "cross-contamination" means the contamination or potential contamination of food by contact
with potentially hazardous foods or substances (such as blood from raw meat), or by contact with unsanitized surfaces or unwashed hands.
J. "easily cleanable" means readily accessible and of such material and finish, and so fabricated that
residue may be effectively removed by normal cleaning methods.
K. "employee" means any individual who works in a food establishment and who:
(1) transports food or food containers;
(2) handles food during storage, preparation or serving;
(3) comes in contact with any utensils;
(4) works in a room in which food is stored, prepared or served; or
(5) is responsible for directing food handling operations or supervises other employees.
L. "embargo" means an order of prohibition issued by the Secretary to prevent the movement and/or sale of food products which are suspected or known to be adulterated or do not meet appropriate health or legal standards.
M. "equipment" means all stoves, ranges, hoods, meat blocks, tables, counters, refrigerators, sinks,
dishwashing machines, steam tables, and similar items, other than utensils, used in the operation of a food establishment.
N. "expanded-menu Bed and Breakfast" means a Bed and Breakfast establishment that is
inspected and permitted to prepare and serve potentially hazardous foods to the clientele for breakfast and light foods or snacks in the afternoon for guest self-service.
O. "food" means any solid or liquid substance intended for human consumption by eating or drinking.
P. "food-contact surfaces" means those surfaces of equipment and utensils with which food
normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.
Q. "food establishment" means a food processing establishment or a food service establishment.
R. "food processing establishment" means any food establishment (other than a "dairy establishment" as defined in the New Mexico Food Act) where food is processed in a sealed original package for human consumption and is not provided directly to the consumer.
S. "food service establishment" means:
(1) any fixed or mobile place where food is served or sold for consumption on the premises;
(2) any fixed or mobile place where food is prepared for sale to or consumption by the general public either on or off the premises, including any place (other than a "dairy establishment" as defined in the New Mexico Food Act) where food is processed for ultimate sale in a sealed original package; but "prepared" as used in this paragraph does not include the preparation of raw fruits, vegetables or pure honey for display and sale in a grocery store or similar operations or reheating of packaged food for sale in a retail store, and for purposes of this paragraph, "pure honey" means natural liquid or solid honey, extracted from the combs or in the comb, taken from beehives, with no processing or additional ingredients; or
(3) any meat market, whether or not operated in conjunction with a grocery store.
T. "frozen food" means food that is in a frozen state.
U. "general public" means all individuals who have access to facilities that sell or serve food,
including, but not limited to, beneficiaries of governmental or private charitable feeding programs and residents and employees of institutions that provide meals to their residents or employees either with or without direct payment to the institution by the residents or employees, but does not include:
(1) residents of private homes or home environments where residents take part in preparing or serving their own meals;
(2) non-paying guests in private homes;
(3) clients of facilities operated in private homes that are licensed by or registered with the Department of Health, or the Department of Children, Youth and Families; or
(4) participants in a pot-luck dinner, covered dish supper, or similar event in which the food is prepared and/or contributed by the participants and for which no fee is charged.
V. "HACCP" means Hazard Analysis Critical Control Point.
W. "hazard" means the unacceptable contamination of foods by any foreign materials, chemical agents, or the growth or survival of pathogenic or spoilage microorganisms in processed or prepared foods and/or the unacceptable production or persistence in foods of toxins produced by such microorganisms.
X. "hazard analysis" means an evaluation of all procedures concerned with the production, distribution, and use of raw materials and food products to:
(1) identify potentially hazardous raw materials and foods that may contain poisonous substances, foreign materials, pathogens, or large numbers of food spoilage microorganisms, and/or that can support microbial growth;
(2) find sources and specific points of contamination by observing each step in the food preparation process; and
(3) determine the potential for microorganisms to survive or multiply during production, processing, distribution, storage, or preparation of food for consumption.
Y. "Hazard Analysis Critical Control Point" means an inspectional or quality assurance method that consists of:
(1) an assessment of hazards associated with growing, harvesting, processing/manufacturing, marketing, preparation and/or use of a given raw material or food product;
(2) determination of critical control points required to control any identified hazard(s); and
(3) establishment of procedures to evaluate, monitor and record critical control points.
Z. "Health Authority" means the New Mexico Environment Department.
AA. "highly susceptible population" means a group of persons who are more likely than other populations to experience foodborne disease because they are immunocompromised or older adults in a facility that provides health care or assisted living services, such as a hospital or nursing home; or preschool age children in a facility that provides custodial care, such as a day care center.
BB. "home prepared foods" means foods that have not been processed in a commercial food establishment.
CC. "imminent health hazard" means a significant threat or danger to health that is
considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation.
DD. "mobile food service unit" means a Motor Vehicle Department-Licensed vehicle-mounted food service establishment designed to be readily movable and which serves multiple locations on a daily basis for not more than two (2) hours at each location and not less than one thousand (1000) feet apart, except for single, temporary events or celebrations.
EE. "monitoring" means the checking or verifying that the processing or handling procedures at the critical control points are properly carried out.
FF. "perishable food" means any food of such type or in such condition as may spoil and become unwholesome.
GG. "permittee" means the person responsible for the operation of the food establishment for which the permit is issued.
HH. "person" means an individual or any other legal entity.
II. "pH" refers to the hydrogen ion concentration within any solid or liquid medium and is a measurement of the degree of acidity or alkalinity of a food or food product.
JJ. "potentially hazardous food" means:
(1) any food or food ingredient, natural or synthetic, that is capable of supporting:
(a) the rapid and progressive growth of infectious or toxicogenic microorganisms; or
(b) the growth and toxin production of "Clostridium botulinum"; or
(2) all raw or heat-treated foods of animal origin, heat-treated foods of plant origin, and raw seed sprouts, unless they:
(a) have a water activity (aW)value of 0.85 or below; or
(b) have a pH of 4.60 or below; or
(c) have been commercially processed by an approved method and remain in their unopened hermetically sealed containers.
KK. "premises" means all areas either indoors or outdoors used in conjunction with the operation of a food establishment.
LL. "product thermometer" means a thermometer, thermocouple, thermistor, or other device that, when the sensor is inserted into food, indicates the internal temperature of the food, but does not include non-product or ambient temperature sensing devices.
MM. "pushcart" means a human propelled, self-contained food service establishment that operates at approved locations for no more than two (2) hours, except for single temporary events or celebrations. It is limited to the preparation and serving of hot dogs or commercially prepared, prepackaged, potentially hazardous foods such as burritos and tamales, served in their original packaging, maintained at safe temperatures, or limited to serving non-potentially hazardous foods.
NN. "recall" means a return of food products that are either known or suspected to be adulterated, misbranded, or otherwise unsafe for human consumption to the manufacturer or distributor, or are disposed of onsite by approved methods.
OO. "refuse containers" means any type of receptacle that is used inside the food establishment to store refuse, including but not limited to trash, garbage and food waste.
PP. "refuse bins" means any type of receptacle that is used outside the food establishment to store refuse for later removal.
QQ. "remodeled" means any changes involving structure or location of walls, openings, floors or counters, or replacement or modification of plumbing, mechanical or electrical components other than fixtures.
RR. "revocation" means the permanent removal of a permit to operate a food establishment after a hearing has been held.
SS. "safe temperatures" as applied to potentially hazardous food, means temperatures of 41 degrees F or below and 140 degrees F or above.
TT. "sanitize" means effective treatment of clean, food-contact surfaces of equipment and utensils by a process which has been either specified by this Part or approved by the Secretary as being effective in destroying microorganisms, including pathogens.
UU. "sealed" means free of cracks or other openings which permit the entry or passage of moisture.
VV. "seasonal food establishment" means any food establishment that operates for more than thirty (30) days, but not more than nine (9) months during any twelve (12) consecutive months.
WW. "Secretary" means the Secretary of Environment or a designated representative.
XX. "self-contained mobile food service unit" means a mobile food service establishment that meets all equipment requirements of this Part with the exception of 7.6.2.10B(1).
YY. "single-service articles" means cups, chopsticks, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks, and similar articles intended for one-person use and then discarded.
ZZ. "sulfiting agents" means sulfur dioxide or any chemical that produces sulfur dioxide when used to treat foods, including:
(1) sodium sulfite;
(2) sodium bisulfite;
(3) potassium bisulfite;
(4) sodium metabisulfite; and
(5) potassium metabisulfite.
AAA. "suspension" means the temporary removal of a permit to operate a food establishment.
BBB. "temporary food service establishment" means a food service establishment operating at a fixed
location in conjunction with a single event or celebration for a period not exceeding the length of the event or celebration, or thirty days, whichever is shorter.
CCC. "toxic material" means any substance or product that can cause a deleterious effect when ingested or contacted, including, but not limited to, cleaning compounds, bactericides, and insecticides.
DDD. "utensil" means any implement used in the storage, processing, preparation, transportation, service or consumption of food.
EEE. "warewashing" means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.
FFF. "water activity (aw)" refers to the amount of free moisture present in a food or food product.
GGG. "wet storage of food" refers to food which may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, container or its positioning in ice or water.
HHH. "wholesome" means in sound condition, clean, free from adulteration, and otherwise suitable for use as human food.
[7.6.2.7 NMAC - Rp 7 NMAC 6.1.103, 08/12/2000]
7.6.2.8 GENERAL PROVISIONS AND PROCEDURES:
A. Plan Review:
(1) The plan review applicant for a new or remodeled food establishment shall submit plans and specifications for evaluation and approval by the Health Authority thirty (30) days prior to start of construction. Plans and specifications shall be submitted thirty (30) days prior to the opening of an existing facility by a new permittee where current plans and specifications are not on file with the Health Authority.
(2) Plans and specifications shall include, but are not limited to, major menu items, anticipated
volume of food to be prepared, served or sold and detailed information on refrigeration, cooking, hot-holding and warewashing equipment to determine adequacy of such equipment to meet requirements outlined in 7.6.2.9. If for any reason, the plans and specifications as originally specified are to be altered or changed, the Health Authority shall be contacted prior to making any changes or alterations. Plans and specifications for food processing establishments shall include all information required by 7.6.2.12.G.
B. Permits: Issuance, Expiration And Renewal:
(1) No person shall operate a food establishment without a current permit. Permits are not transferable from person to person or from location to location.
(2) Prior to the issuance of any permit or the renewal of an annual permit, the Health Authority shall make inspections of the food establishment as it deems necessary, and the person in charge should be able to demonstrate knowledge of food operations as contained in this part (7.6.2 NMAC). For a new establishment, a permit fee submittal form with the fee required by 7.6.2.8.K shall be provided to the Health Authority at the time of the final pre-opening inspection when approval-to-open is granted.
(3) Any person seeking an initial permit or applying for a new permit after a permit revocation shall file a written application with the Health Authority. The application shall:
(a) be made on forms furnished by the Health Authority;
(b) state the applicant's name, mailing address, and telephone number;
(c) state the date of the application and anticipated opening date;
(d) state the name and location of the food establishment;
(e) state that a copy of this Part (7.6.2 NMAC) has been received from the Health Authority;
(f) contain the Health Authority's evaluations of all plans and specifications as required in 7.6.2.8.A;
(g) include any variances or grandfathered equipment which does not meet the requirements of 7.6.2.10.A( cool ;
(h) include the Vehicle Identification Number (VIN), New Mexico license plate numbers and approved commissary locations for mobile food service units; and
(i) be signed by the applicant or the applicant's representative.
(4) The Health Authority shall either grant the permit, grant the permit subject to conditions, deny the permit, or restrict the permit to menu items or process as specified within:
(a) thirty (30) days after final facility inspection has been completed, for an annual permit; or
(b) ten (10) days after the filing of a permit application, for a temporary permit.
(5) The Health Authority may deny any application for a permit if it deems that the operation of the food establishment will not comply with:
(a) the Food Service Sanitation Act, Chapter 25, Article 1 NMSA 1978;
(b) the New Mexico Food Act, Chapter 25, Article 2 NMSA 1978; or
(c) any applicable provision of this Part (7.6.2 NMAC).
(6) If the Health Authority denies a permit, grants a permit subject to conditions, or restricts a permit, the Health Authority shall notify the applicant by certified mail of the action taken and the reasons for that action.
(7) Each permit issued by the Health Authority shall include an expiration date.
(a) The expiration date for an annual permit shall be:
(i) June 30 of each year, for any permit issued or renewed prior to January 1, 1993, provided the permit is renewed annually as provided in 7.6.2.8.B(10) and has not been revoked; or
(ii) the last day of the anniversary month of the date of original issue, provided the permit is renewed annually as provided in 7.6.2.8.B(10), for any permit issued on or after January 1, 1993.
(b) The expiration date for a temporary permit shall be the earlier of:
(i) the last day of the event in conjunction with which the temporary food service establishment is operated; or
(ii) thirty (30) days after the date of issue.
( cool If the applicant is dissatisfied with the action taken by the Health Authority, the applicant may request a hearing before the Secretary. The request must be made in writing to the Secretary within fifteen (15) working days after the applicant has received notice of the Health Authority's action. Unless a timely request for a hearing is made, the decision of the Health Authority shall be final.
(9) Hearings before the Secretary shall be conducted in accordance with 7.6.2.8.E of this Part. In the hearing the burden of proof shall be upon the applicant. Hearings shall be held within fifteen (15) working days after receipt of the request. The Secretary shall notify the applicant by certified mail of the date, time and place of the hearing.
(10) Annual permits may be renewed upon submission of a renewal form provided by the Health Authority and payment of:
(a) the annual permit fee specified in 7.6.2.8.K, if applicable, prior to the expiration date of the permit; or
(b) the annual permit fee specified in 7.6.2.8.K, if applicable, plus a penalty of twenty-five dollars ($25.00), regardless of whether a permit fee is required, within thirty (30) days after expiration of the permit.
(11) After expiration of an annual permit, the food establishment shall not be operated until a new permit is issued, unless the renewal form and annual permit fee, if applicable, were received by the Health Authority on or before the expiration date of the permit.
(12) If a permit is not renewed as provided in 7.6.2.8.B(10), no new permit shall be issued except upon submission of a new permit application and the applicant's compliance with all applicable provisions of 7.6.2.8.A&B for a new food establishment.
(13) Permits for temporary food establishments shall be for use at a fixed location in conjunction with a single event or celebration for a period not exceeding the event or celebration, or thirty (30) days, whichever is shorter, and may not be renewed.
(14) Self-contained mobile food service units shall notify the Health Authority office of jurisdiction at least twenty four (24) hours before operating in any jurisdictional area of New Mexico other than that of the permitted address.
(15) The permit shall be posted in a conspicuous place within the food establishment where the general public can readily see it.
(16) Any food establishment that caters or otherwise serves food at locations other than on the primary premises of the permitted establishment shall do so only in compliance with this Part (7.6.2 NMAC) The fact that catering or remote service operations will be conducted shall be indicated fully on the permit and the application for the food establishment. When a food establishment has an adjunct/additional food catering business, each such business shall be permitted separately.
(17) A permittee shall be responsible for all food service operations conducted on the premises for which the permit is issued, except for any such operations conducted by another permittee who holds a valid permit for the same premises. Each permittee shall be responsible for any shared facilities or equipment.
(1 cool The issuance of a permit does not relieve any person operating a food establishment from the responsibility of complying with other laws, ordinances and regulations.
C. Permit Suspension And Revocation:
(1) Except as otherwise provided in 7.6.2.8.D, the Health Authority may suspend or revoke a permit for a food establishment for repeated violations of:
(a) the Food Service Sanitation Act, Chapter 25, Article 1 NMSA 1978;
(b) the New Mexico Food Act, Chapter 25, Article 2 NMSA 1978; or
(c) any applicable provision of this Part (7.6.2 NMAC).
(2) Not less than seven (7) working days prior to the suspension or revocation of a food service or food processor permit, the Health Authority shall notify the permittee by certified mail of the impending suspension or revocation and the reasons for suspension or revocation. The notice shall state the date, time and place where a hearing on the suspension or revocation will take place. Failure to appear shall result in immediate suspension/revocation as appropriate. The permittee of any temporary food service establishment may be notified of the impending suspension or revocation hearing immediately after the repeated violations are noted. Hearings for temporary food service establishments may be held as soon as practicable after such notification.
(3) Hearings shall be conducted by the Secretary in accordance with 7.6.2.8.E. In the hearing, the burden of establishing the violations shall rest upon the Health Authority. The permittee must then show why the permit should not be suspended or revoked.
(4) The suspension of a permit following a hearing shall not continue beyond the time that the conditions leading to the suspension cease to exist as determined by the Health Authority. The inspection to determine whether such conditions have been corrected must be at the request of the food establishment permittee. Training of staff and/or implementation of operating procedures to address those conditions that led to the suspension may be considered satisfactory evidence of compliance.
(5) Except as provided by 7.6.2.8.E(6) & 7.6.2.8.G(3) & 7.6.2.8.I(2) revocation proceedings pursuant to 7.6.2.8.C(2) shall not be undertaken unless a permittee's permit has previously been suspended for violations of a similar nature for which the Health Authority now proposes revocation. In all instances the revocation of a permit under this section shall require prior notice and hearing to the permittee.
(6) The Health Authority shall not consider the reapplication for a permit from a permittee whose permit has been revoked until:
(a) the permittee has successfully completed a course in Food Protection and Sanitation
approved by the Health Authority;
(b) the permittee has demonstrated to the satisfaction of the Health Authority that the food establishment will comply with all requirements of this Part; and specifically,
(c) all applicable conditions of 7.6.2.8.B(3) have been met.
D. Immediate Suspension:
(1) Notwithstanding the provisions of 7.6.2.8.C, the Health Authority may suspend a permit without prior notice to the permittee if the Health Authority determines, after inspection, that conditions within a food establishment covered by this Part (7.6.2 NMAC), present a substantial danger of illness, serious physical harm, or death to persons who might patronize or be employed at the food establishment. Communication to the permittee or the permittee's designated agent, or in the absence of either, to any employee on the premises, is sufficient to make the suspension effective.
(2) No suspension taken under 7.6.2.8.D shall continue beyond the time that the conditions causing the suspension cease to exist, as determined by an inspection by the Health Authority upon request of the permittee. The Health Authority shall conduct a requested inspection within three (3) working days of a verbal or written request.
(3) When suspension is ordered pursuant to 7.6.2.8.D, the Health Authority shall inform the permittee that the Health Authority shall afford a hearing within seven (7) working days, upon request of the permittee. If such a request is received, the Health Authority shall notify the permittee, within two (2) working days after receipt of the request, of the date, time, and place of the hearing.
E. Hearings:
(1) Hearings shall be before the Secretary.
(2) A record shall be made of each hearing, the cost of which shall be borne by the Health Authority. Those persons requesting transcripts shall pay transcript costs.
(3) In hearings, the Rules of Civil Procedure and the Rules of Evidence shall not apply, but the hearings shall be conducted so that all relevant views, arguments and testimony are amply and fairly presented without undue repetition.
(4) The Secretary shall allow the Health Authority and the affected food establishment permittee to call and examine witnesses, to submit written and oral evidence and arguments, to introduce exhibits and to cross-examine persons who testify.
(5) Action taken by the Secretary shall be by written order within five (5) working days following the hearing. A copy of the order shall be sent by certified mail to the affected food establishment permittee. The order of the Secretary shall state:
(a) the name and location of the affected food establishment;
(b) the date the order is made;
(c) the decision of the Secretary;
(d) the reasons for the Secretary's decision;
(e) conditions, if any, under which the permittee may be allowed to continue operating; and
(f) failure of the permittee to adhere to conditions shall be grounds for suspension/revocation.
(6) Failure of the permittee or the permittee's designee to appear for the hearing shall result in immediate permit revocation and establishment closure.
F. Timeliness:
(1) When the last day for performing an act falls on Saturday, Sunday, or a legal state or national holiday, the performance of the act is timely if performed on the next day that is not a Saturday, Sunday, or a legal state or national holiday.
(2) All matters required to be filed or mailed in this Part (7.6.2 NMAC) are timely if deposited in the United States mail on or before the required date.
G. Compliance With Regulations:
(1) An "approved" emblem shall be posted by the Health Authority at a food establishment that is operated in compliance with this Part (7.6.2 NMAC).
(2) An "unsatisfactory" emblem may be posted by the Health Authority at a food establishment when:
(a) any of the following portions of this Part (7.6.2 NMAC) are violated on any inspection:
(i) 7.6.2.9.A(1), (2), (3), (4), (6), (7), ( cool , (9), (10);
(ii) 7.6.2.9.B(1), (3), (4), (5), (6), (7), ( cool , (9);
(iii) 7.6.2.9.C(3), (4), (9), (11), (12), (14), (17);
(iv) 7.6.2.9.D(3), (6), (13), (14), (17);
(v) 7.6.2.9.F(1), (2), (3), (4), (5);
(vi) 7.6.2.9.G(1), (4), (5), (6);
(vii) 7.6.2.9.H(1), (2), (5);
(viii) 7.6.2.9.I(1), (2), (3), (4);
(ix) 7.6.2.9.J;
(x) 7.6.2.9.K(4);
(xi) 7.6.2.10.B(1); or
(b) any portion of this Part (7.6.2 NMAC) is violated on a repeated basis.
(3) An emblem shall be posted in a conspicuous place at each entry to the food establishment where it can be readily seen by the general public and shall be posted or removed only by an authorized agent of the Health Authority. Removal, defacing, or obstruction of an emblem by any person other than an authorized agent of the Health Authority shall result in immediate permit suspension or revocation. Temporary food service establishments and food processing establishments shall be exempt from 7.6.2.8.G(3).
H. Procedures When Infection Is Suspected:
(1) When the Health Authority has reasonable cause to suspect possibility of disease transmission from any food establishment employee, the Secretary shall secure the morbidity history of the suspected employee, or make other investigations as may be indicated, and take appropriate action including immediate permit suspension.
(2) No person who is infected with a disease in a communicable form that can be spread
through food shall work in a food establishment. Such diseases would include but are not limited to Salmonella, Shigella, E. coli, or Hepatitis A. Also excluded from working in a food establishment is anyone suffering symptoms of acute gastrointestinal illness. Such an individual shall not return to work until certified by a physician, in writing, to be infection-free and no longer considered a significant health risk.
(3) Employees engaged in food processing, preparation or service who have communicable forms of skin infections to include but not restricted to cuts, burns, abrasions, boils or bandages on the hands, forearms or face shall be temporarily excluded from work activities in which there is a likelihood of contaminating food or food contact surfaces, unless plastic or surgical gloves are utilized. Other moisture-proof barriers may be approved by the Secretary.
(4) Refusal to comply with any provisions of 7.6.2.8.H shall be grounds for immediate suspension of the permit.
I. Inspection By Health Authority:
(1) The Health Authority shall inspect food establishments at least annually to determine compliance with the Food Service Sanitation Act, the New Mexico Food Act if applicable, and this Part (7.6.2 NMAC) Upon request by, and after proper identification of, the Health Authority official, the permittee shall allow the Health Authority official to enter and inspect all areas of the premises unhindered. Inspection may be done at any time, based upon health risk, and as often as deemed necessary by the Health Authority, to insure the safety of the public health. The Health Authority official shall be allowed to copy any records pertaining to food service and purchases by the food establishment. Proprietary documents shall not be released, and confidentiality will be protected by the Health Authority, as provided by law.
(2) The permittee or an authorized agent shall be given an opportunity to accompany the Health Authority official on inspection of the establishment and a report shall be furnished to the permittee or other employee as soon as possible after the inspection and prior to any enforcement action(s). Refusal to allow an inspection is grounds for immediate permit suspension or revocation.
(3) During an inspection, the Health Authority may take samples of food and other substances found
on the premises for the purpose of determining compliance with provisions of the Food Service Sanitation Act, the New Mexico Food Act and this Part (7.6.2 NMAC)
J. Variances:
(1) Any person seeking a variance from any provisions of this Part shall do so by filing a written petition with the Health Authority. Petitions shall:
(a) be made on forms obtained from the Health Authority;
(b) state the petitioner's name and mailing address;
(c) state the name and location of the food establishment;
(d) state the date of the petition;
(e) state the portion of this Part (7.6.2 NMAC) from which the variance is sought;
(f) state the period of time for which the variance is sought;
(g) state why the petitioner believes the variance is justified;
(h) be accompanied by any relevant documents or material that the petitioner believes would support the petition; and
(i) contain such other relevant information as the Health Authority may reasonably require, based upon widely recognized scientific information or technological advances.
(2) The health Authority may grant a petitioner a variance from any requirement prescribed under this Part when it is found, upon presentation of adequate proof, that the granting of the variance will not result in exposing employees, consumers, or the general public to adverse health and safety conditions arising from the operation of the food establishment. Any variance granted shall be for specific time periods and under conditions consistent with the reasons for the variance.
(3) Within ten (10) working days following receipt of the variance petition, the Health Authority shall grant the variance, grant the variance subject to conditions, or deny the variance. The action taken by the Health Authority shall be by written order, a copy of which shall be sent by certified mail to the petitioner. The order shall:
(a) state the petitioner's name and address;
(b) state the date the order is made;
(c) state the name and location of the food establishment;
(d) state the decision of the Health Authority;
(e) if a variance is granted, state the period of time for which it is granted and any conditions that apply; and
(f) state the reasons for the decision of the Health Authority.
(4) The Health Authority shall maintain a file of all orders issued. The file shall be open for public inspection in accordance with the provisions of law.
(5) Any person who is dissatisfied with the action taken by the Health Authority may request a hearing before the Secretary.
(a) A request for hearing shall be filed with the Secretary:
(i) by the petitioner within ten (10) working days after receipt of written notification of the action taken by the Health Authority; and
(ii) by any other person within ten (10) working days after the Health Authority's action.
(b) Unless a timely request for hearing is made, the decision of the Health Authority shall be final.
(6) If a timely request for hearing is made, the Secretary shall hold a hearing within fifteen (15) working days after receipt of the request. The Health Authority shall notify the person requesting a hearing, by certified mail, of the date, time and place of the hearing. In the hearing, the burden of proof shall be upon the person requesting the hearing.
(7) In hearings, the Rules of Civil Procedure and the Rules of Evidence shall not apply, but the hearings shall be conducted so that all relevant views, arguments and testimony are amply and fairly presented without undue repetition. The Secretary shall allow the Health Authority, the petitioner and designated representatives to call and examine witnesses, to submit written and oral evidence and arguments, to introduce exhibits and to cross-examine persons who testify.
( cool Based upon the evidence presented at the hearing, the Secretary shall sustain, modify or reverse the action of the Health Authority. The action taken shall be by written order within ten (10) working days following the hearing. The order shall contain the same information as that required for the Health Authority in 7.6.2.8.J(3). A copy of the order shall be sent to the petitioner.
K. Permit Fees:
(1) Except as provided in 7.6.2.8.K(2), permit fees shall be:
(a) twenty-five dollars ($25.00) for a temporary food service establishment; and
(b) one hundred dollars ($100.00) per year for all other food establishments.
(2) The fee established by 7.6.2.8.K(1) shall be waived for:
(a) any temporary food establishment:
(i) serving only non-potentially hazardous food; or
(ii) operating no more than two (2) consecutive calendar days at an event;
(b) any food establishment that provides food to the general public at no charge.
(3) No discount or refund shall be made for partial years or for permit suspension, revocation or denial in accordance with 7.6.2.8.B, C, or D. After permit revocation, the full fee must be paid for a new permit.
(4) For new food establishments and temporary food service establishments, including permits for new permittees, new locations, or new events, permit fees shall be paid when the application for permit is submitted and shall be verified by the Health Authority before the permit is issued.
(5) Payments shall be accompanied by submittal forms available from the Health Authority.
L. Current Food And Drug Administration Food Code Applicability: The current United States Public Health Service, Food and Drug Administration Food Code is hereby adopted as a technical reference and interpretation guide.
M. Procedures For Embargo, Recall, And Condemnation:
(1) Whenever the Secretary finds, or has probable cause to believe, that any food product fails to meet health standards or is adulterated with any substance, or is found to be misbranded, such that it may be injurious to human health, the suspected lot shall be embargoed or detained, if not yet distributed to consumers or any retail outlet.
(2) If the suspected lot has been distributed, the food processor shall be given the opportunity to recall the product voluntarily or the suspected lot may be disposed of onsite by methods approved by the Health Authority.
(3) If a voluntary recall is refused, the Secretary may order a mandatory recall of the suspected lot.
(4) When any food product is found, by examination or laboratory analysis, to be in violation
of safe health standards, the Secretary may order condemnation and disposal of the product lot, at the expense of the food processor.
[7.6.2.8 NMAC - Rp 7 NMAC 6.1.104 to 114, 08/12/2000]
7.6.2.9 FOOD PROTECTION REQUIREMENTS
A. Wholesomeness Of Food And Drink:
(1) Food shall be from an approved source. Food from such sources shall have been protected from contamination and spoilage during subsequent handling, packaging, storage and while in transit. Dry milk may be reconstituted in a food establishment if it has been manufactured from pasteurized milk or milk products at the milk processing plant. No raw milk or raw milk products shall be used in food preparation. Grade A raw milk products may be served only in sealed, individual, labeled containers as received from the milk plant.
(2) Shellstock shall be identified with an official tag giving the name and the certificate number of the original shellstock shipper and the kind and quantity of shellstock. Shellstock shippers and shellstock reshippers, other than the original shellstock shipper, shall also add their name and certification number to the original shellstock shippers tag. Fresh and frozen shucked oysters, clams and mussels shall be packaged in non-returnable containers identified with the name and address of the packer, repacker, or distributor and the certificate number of the packer or repacker preceded by the abbreviated name of the state, as required in 7.6.2.15 of this Part. Upon receiving shellstock, restaurateurs should check to see that the required information is on the shellstock tag; if not, then the delivery should be rejected as the restaurateur may be dealing with an uncertified dealer ("bootlegger" wink . Restaurants shall retain such tags for ninety (90) days, before discarding.
(3) The use or sale of home-canned or home-prepared potentially hazardous foods is prohibited.
(4) All raw eggs shall be refrigerated at 41 degrees F or below during storage, except as provided for in 7.6.2.10.A(10).
(5) Additional safeguards to be practiced in food establishments serving highly susceptible populations require the use of pasteurized apple juices, apple cider, other fresh fruit juices, and pasteurized eggs as well as prohibiting service of raw animal foods, and partially or lightly cooked food of animal origin. Pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for shell eggs in the preparation of:
(a) foods such as Caesar salad, hollandaise or barnaise sauce, noncommercial mayonnaise, eggnog, ice cream, and egg-fortified beverages that are not cooked; and
(b) eggs for a highly susceptible population, if the eggs are broken, combined in a container, and not cooked immediately or if the eggs are held before service following cooking.
(6) All ice shall be made from potable water sources that meet public water supply standards outlined in the New Mexico Water Supply Regulations.
(7) Commercially raised game animals, donated wild game, and other exotic animals shall be processed as follows:
(a) Game animals and other exotic animals such as ratites, which are commercially raised for food, may be received for sale or service if they are slaughtered and processed according to laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program.
(b) Donated wild game meat shall be processed in New Mexico Livestock Board licensed and Health Authority permitted facilities. Unless served within forty-eight (4 cool hours of processing, donated wild game meat shall be frozen prior to distribution. Wild game meat shall only be donated to charitable organizations operating permitted facilities for the needy.
( cool Refrigerated, ready to eat, potentially hazardous food prepared on site and held for more than twenty four (24) hours shall be marked with the date of preparation. Such food shall be discarded if not served within seven (7) calendar days from date of preparation.
(9) Food establishments that use a reduced oxygen packaging method to package food shall have an approved HACCP plan that:
(a) identifies the food to be packaged;
(b) limits the food packaged to a food that does not support the growth of Clostridium botulinum or other pathogens because it complies with one of the following:
(i) has a water activity (aw) of 0.91 or less,
(ii) has a pH of 4.6 or less,
(iii) is a meat product cured at a food processing plant regulated by U.S. Department of Agriculture using a combination of nitrites, nitrates, and salt that at the time of processing consists of 120 mg/liter or higher concentration of sodium nitrite and a brine concentration of at least 3.50 % and is received in an intact package, or
(iv) is a food with a high level of competing organisms such as raw meat or raw poultry;
(c) specifies methods for maintaining food at 41 degrees F or below;
(d) describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:
(i) maintain the food at or below 41 degrees F, and
(ii) discard the food if within fourteen (14) calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;
(e) limits the shelf life to no more than fourteen (14) calendar days from packaging to consumption or the original manufacturer's "sell by" or "use by" date, whichever occurs first;
(f) includes operational procedures that:
(i) prohibit food contact with bare hands,
(ii) identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination, and access to the processing equipment is restricted to responsible, trained personnel familiar with the potential hazards of the operation, and
(iii) delineate cleaning and sanitization procedures for food-contact surfaces; and
(g) describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:
(i) concepts required for a safe operation,
(ii) equipment and facilities, and
(iii) procedures specified in 7.6.2.9.A(9).
(h) Except for fish that is frozen before, during, and after packaging, a food establishment shall not package fish using a reduced oxygen packaging method.
(10) Before service or sale in ready-to-eat form, raw, marinated, or partially cooked fish other than molluscan shellfish shall be frozen throughout to a temperature of:
(a) -4.0 degrees below zero F or colder for seven (7) days in a freezer; or
(b) -31 degrees below zero F or colder for fifteen (15) hours in a blast freezer.
(11) 7.6.2.9.A(10) shall not apply to tuna of the genus Thunnus as follows:
(a) Thunnus alalunga,
(b) Thunnus albacares (yellowfin tuna),
(c) Thunnus atlanticus,
(d) Thunnus maccoyii (bluefin tuna, southern),
(e) Thunnus obesus (bigeye tuna), and
(f) Thunnus thunnus (bluefin tuna, northern).
B. Food Establishment Time And Temperature Requirements:
(1) Refrigeration facilities, cooking facilities, hot food storage and display facilities, and effectively insulated facilities shall be provided as needed to assure maintenance of required temperatures during storage, preparation, display, transportation, and service.
(2) All perishable food shall be stored at such temperatures as will protect against spoilage.
(3) All potentially hazardous food shall, other than fresh live shellstock except during necessary periods of preparation, cooking or cooling, be kept at 41 degrees F or below, or at 140 degrees F or above.
(4) Frozen food shall be kept at such temperature as to remain in the frozen state except when being thawed for preparation or use. Potentially hazardous food, shall be:
(a) thawed at refrigerator temperatures of 41 degrees F or below or under cool, potable running water;
(b) quick thawed as part of the cooking process; or
(c) thawed in a microwave oven only when the food will be immediately transferred to conventional cooking facilities as part of a continuous process or when the entire cooking process takes place in a microwave oven.
(5) Unless otherwise ordered by the immediate consumer, all raw animal products such as eggs, fish, lamb, beef, and commercially raised game, and foods containing these raw ingredients, shall be cooked to heat all parts of the food to 145 degrees F or above, except that:
(a) rare roast beef or rare steak shall be cooked to an internal temperature of 130 degrees F;
(b) ground beef, pork and pork products, ratites, comminuted fish and other meats such as commercially raised game, and injected meats shall be cooked to 160 degrees F, or cooked to one of the following MONITORED temperature/time combinations:
(i) cook to 158 degrees F for less than one (1) second,
(ii) cook to 150 degrees F for one (1) minute,
(iii) Cook to 145 degrees F for three (3) minutes.
(c) stuffing, poultry, stuffed meats, and stuffed poultry, shall be heated throughout to a minimum temperature of 165 degrees F, with no interruption of the initial cooking process; and
(d) wild game meat shall be thoroughly cooked to heat all parts of the meat to at least 165 degrees F; and
(e) raw animal foods cooked or reheated in a microwave oven shall be:
(i) rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;
(ii) covered to retain surface moisture;
(iii) heated to 165 degrees F or above to compensate for shorter cooking times; and
(iv) allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium.
(6) Cooked potentially hazardous foods shall be cooled in accordance with either of the time and temperature criteria as follows:
(a) within two (2) hours from 140 degrees F to 70 degrees F followed by within four (4) hours to 41 degrees F or less (documentation is required for this process); or
(b) within four (4) hours from 140 degrees F to 41 degrees F or less.
(7) Potentially hazardous foods other than fresh live shellstock that spend more than four (4) hours TOTAL CUMULATIVE TIME in the temperature danger zone (41 degrees F to 140 degrees F) shall be discarded, except during cooling as specified in 7.6.2.9.B(6)(a)&(b) and except during cooking as specified in 7.6.2.9.B(5)&( cool .
( cool Potentially hazardous food that has been cooked and cools to less than 140 degrees F, which is to be reheated for serving or hot holding, shall be reheated so that all parts of the food reach a minimum of 165 degrees F within two (2) hours, except as described in 7.6.2.9.B(5)(a) for rare beef.
(9) Potentially hazardous ingredients for foods that are in a form to be consumed without further cooking such as salads, sandwiches, filled pastry products and reconstituted foods shall have been chilled to 41 degrees F or below prior to preparation. Such ingredients shall be handled with a minimum of manual contact; and on surfaces or with utensils that have been cleaned and sanitized prior to use. Until service, the finished products shall be held in or on refrigerated equipment that maintains an internal product temperature of 41 degrees F or below.
(10) Cooked and refrigerated food, maintained at or below 41 degrees F, that is to be reheated and prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich, may be served at any temperature.
(11) Steam tables, hot food tables, slow cookers, crock pots, and other hot food holding devices shall not be used in heating or reheating food. Food temperatures should be checked periodically to insure that a minimum of 140 degrees F is being maintained.
(12) Each refrigeration and hot storage facility used for the storage of potentially hazardous food shall be provided with an indicating thermometer accurate to plus or minus 3 degrees F, located in the warmest section of the refrigeration facility and in the coldest section of the hot storage facility and of such type and so situated that the thermometer can be easily read. Thermostats shall not be relied upon to maintain temperatures at correct levels in the absence of thermometers.
(13) Metal, stem-type, numerically scaled, indicating thermometers, accurate to plus or minus 2 degrees F shall be available for use and used to assure the attainment and maintenance of proper internal cooking, holding or refrigeration temperatures of all potentially hazardous foods.
C. Storage, Display, Transporting, And Serving Of Food And Drink:
(1) All food items shall be stored a minimum of six (6) inches above the floor to provide for cleaning and air circulation on clean racks or other clean surfaces.
(2) Unless its identity is unmistakable, bulk food not stored in its original container or package shall be stored in a properly labeled, clean container constructed of food grade material. Milk and milk products shall be stored in the original container received from the milk plant. Uncut milk tubes for dispenser milk shall be kept refrigerated and inside the original container.
(3) Food shall be protected to prevent cross-contamination. Food not subject to further washing or cooking before serving shall be stored in such a manner as to be protected against contamination.
(4) Where unwrapped food is placed on display in all types of food service operations, including smorgasbords, buffets, and cafeterias, it shall be protected against contamination by consumers and other sources by effective, easily cleanable, and protective equipment. All cold held potentially hazardous foods other than fresh live shellstock shall be kept at 41 degrees F or less, or at 45 degrees F for not more than two (2) hours. All hot held potentially hazardous foods shall be kept at 140 degrees F or more. Self-service openings in counter guards shall be so designed and arranged as to minimize manual contact by customers. Clean plates shall be provided for additional servings.
(5) Suitable serving utensils, disposable gloves, or both, shall be used in conjunction with proper handwashing to minimize barehand contact during processing or serving ready to eat foods. Utensils shall be stored in an appropriate manner so as not to contaminate food. Suitable utensils shall be provided for serving each food item to avoid manual contact with food where customer self-service displays are utilized. In all cases, no utensil shall be used for both raw and cooked foods. Dispensing utensils used in serving food shall be stored, between use, either in an approved running potable water dipper well, stored in the food with the dispensing utensil handle extended out of the food or stored clean, sanitized and dry.
(6) Sugar shall be provided only in closed dispensers or in individual packages. Condiments, cream, or half and half shall be provided in individual packages, from an approved dispenser or shall be individually portioned.
(7) All raw fruits and vegetables shall be washed thoroughly before being cooked or served.
( cool Foods which are not potentially hazardous, such as crackers and condiments, in unopened
original packages, and maintained in sound condition, may be re-served or resold.
(9) All foods being transported other than fresh shellstock from a food service establishment or
from one location to another location for service, shall follow all requirements for storage, display and protection against contamination. All potentially hazardous food shall be kept at 41 degrees F or below, or 140 degrees F or above. All food shall be in covered containers or completely wrapped or packaged to protect against contamination. Containers and covers shall be non-absorbent, impervious and shall be stored in such a manner to maintain temperature as described above.
(10) Only those toxic materials required to maintain the establishment in a sanitary condition, and for sanitization of equipment and utensils used in connection with the food establishment, shall be present.
(11) All containers of toxic materials shall be prominently and distinctively marked or labeled for easy identification of contents. Toxic material containers shall not be reused for food or food storage.
(12) When not in use, toxic materials shall be stored in cabinets that are used for no other purpose, or in a place that is located outside the food storage, food preparation, and clean equipment and utensil storage areas. Bactericides, cleaning agents, and sanitizing agents shall not be stored in the same cabinet or area of the room in which pesticides or other toxic materials are stored. This paragraph does not apply to equipment and utensil cleaners and sanitizers that are normally stored in warewashing areas for availability and convenience, if the materials are stored in such a manner as to prevent contamination of food, equipment, utensils, linens, and single-use articles.
(13) Bactericides, cleaning compounds or other compounds intended for use on food-contact surfaces shall not be used in such a manner as to leave a toxic residue on the surfaces, or otherwise constitute a hazard to employees or consumers.
(14) Toxic compounds, such as insecticides and rodenticides, in powdered form, shall have a distinctive color so as not to be mistaken for food. Toxic materials shall not be used in any way as to contaminate food, equipment, or utensils nor to constitute other hazards to employees or consumers. No pesticide shall be used unless it is registered with the United States Environmental Protection Agency and the New Mexico Department of Agriculture, and in all cases such registered pesticides must be used in conformity with the manufacturer's label instructions.
(15) All first aid supplies and personal medications shall be stored in a designated area away from food, equipment, utensils and other toxics that may result in food contamination.
(16) Wet storage of packaged food shall be prohibited except for commercially canned or bottled beverages, as provided in 7.6.2.11.A(5)(c).
(17) Food may not be stored in locker rooms; in toilet rooms; in dressing rooms; in garbage rooms; in mechanical rooms; under sewer lines that are not shielded to intercept potential drips; under open stairwells; under leaking water lines, including leaking automatic fire sprinkler heads; under lines on which water has condensed; or under any other source of contamination.
D. Cleaning And Sanitizing Of Utensils And Equipment:
(1) After each usage, all kitchenware, and food-contact surfaces or equipment, exclusive of cooking surfaces, used in the preparation, serving, display, or storage of food, shall be thoroughly cleaned and sanitized. The cooking surfaces of grills, griddles and similar cooking devices shall be cleaned to sight and touch at least once a day.
(2) Non-food-contact surfaces in food establishments shall be cleaned at such frequency as is necessary to be clean to sight and touch.
(3) All kitchenware and food-contact surfaces of equipment used in the preparation, service, display, or storage of potentially hazardous food shall be cleaned and sanitized prior to each use, each time there is a change from working with raw foods to working with ready-to-eat foods, between uses with raw fruits and vegetables and with potentially hazardous foods, and following any interruption of operations during which contamination of the food-contact surfaces is likely to have occurred. When equipment and utensils are used for the preparation of potentially hazardous food on a continuous or production-line basis, in rooms with ambient air temperatures higher than 41 degrees F, the food-contact surfaces of such equipment and utensils shall be cleaned and sanitized at frequent intervals not to exceed four hours to prevent cross contamination and bacterial growth, except as follows:
(a) when the ambient room temperature is 41degrees F or less the cleaning frequency shall not be less than once every twenty-four (24) hours,
(b) at 45 degrees F , not less than once every twenty (20) hours,
(c) at 50 degrees F, not less that once every sixteen (16) hours, and
(d) at 55 degrees F, not less than once every ten (10) hours.
(4) Wash water shall be kept clean utilizing, when necessary, pre-soaking, pre-scraping or pre-flushing procedures.
(5) Effective concentrations of a suitable detergent shall be used in both manual and mechanical dishwashing.
(6) When manual dishwashing is employed, equipment and utensils shall be thoroughly washed in a detergent solution that is kept clean and then shall be completely rinsed. All eating and drinking utensils, and the food-contact surfaces of all other equipment and utensils shall then be sanitized by one of the following methods:
(a) Immersion for at least thirty (30) seconds in clean hot water at a temperature of at least 171 degrees F;
(b) Immersion in a sanitizing solution containing:
(i) 50-200 parts per million of available chlorine at a temperature not less than 75 degrees F for 10 seconds;
(ii) 100-200 parts per million of available chlorine at a temperature not less than 55 degrees F for 10 seconds;
(iii) 12.5-25.0 parts per million of available iodine in a solution having a pH not higher than 5.0 and a temperature of not less than 75 degrees F; or
(iv) quaternary ammonium compound solutions shall be at a concentration indicated by the manufacturer's label instructions.
(c) Equipment too large to be treated by the methods set forth in 7.6.2.9.D(6)(a)&(b) may be treated:
(i) with steam free from materials or additives harmful to human health; or
ii) by applying a chemical sanitizing solution of at least twice the minimum strength required for chlorine and iodine-based sanitizers or as specified by the manufacturer's label in the case of quaternary ammonium compounds.
(7) If the sanitization method set forth in 7.6.2.9.D(6)(b) or (6)(c)ii is used, the food establishment shall maintain and use suitable test kits for testing solution strength.
( cool A three-compartment sink, the first for washing, the second for rinsing, and the third for sanitizing, shall be provided and used wherever washing and sanitization of equipment or utensils are conducted manually. The Secretary may approve a two-compartment sink for food establishments where the only utensils to be washed are limited to spatulas, tongs and similar devices, and when the only equipment to be cleaned is stationary and does not require disassembly for proper cleaning.
(9) Sinks used for manual washing and sanitizing operations shall be of adequate length, width and depth to permit the complete immersion of the utensils, and each compartment of the sink shall be supplied with hot and cold running water (under pressure) from fixtures so designed and constructed as to preclude potential back siphonage.
(10) When hot water is used as the sanitizing agent in manual operations, numerically scaled thermometers, accurate to plus or minus 3 degrees F shall be provided, convenient to the sink, to permit frequent checks of the water temperature. An integral heating device or fixture shall be installed in, on, or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of at least 170 degrees F. Complete immersion of the utensils and equipment components being sanitized is required.
(11) Dish tables and drain boards, of adequate size shall be provided for safe handling of soiled utensils prior to washing and for cleaned utensils following rinsing and sanitization. Dish tables and drain boards shall be so located or constructed as not to interfere with the proper use of the dishwashing facilities.
(12) Sinks, dish tables and drain boards shall be constructed of non-corrodible, non-toxic material, suitably reinforced, of such thickness and design and so installed as to resist denting and buckling, and be self-draining.
(13) When spray-type dishwashing machines are used, they shall be installed, maintained and operated in accordance with the manufacturer's specifications and instructions and shall meet the following requirements:
(a) Wash water shall be kept cle
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