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| Rule |
Rule 3717-1-01 | State of Ohio Uniform Food Safety Code and definitions.
Effective:
September 5, 2024
[Comment: For publication dates of the Code of Federal Regulations (C.F.R.) referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the Administrative Code.] (A) Chapter 3717-1 of the Administrative Code will also be known as "The State of Ohio Uniform Food Safety Code." (B) Definitions for the purposes of Chapter 3717-1 of the Administrative Code: (1) Additive. (a) "Color additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, section 201(t) (as amended on December 29, 2022) and 21 C.F.R. 70.3 (f). (b) "Food additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, section 201(s) (as amended on December 29, 2022) and 21 C.F.R. 170.3 (e)(1). (2) "Adulterated" has the meaning stated in section 3715.59 of the Revised Code. (3) "Approved" means acceptable to the appropriate regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health. (4) "Approved source" means a food is from: (a) A processor that is inspected by a federal food safety regulatory agency or equivalent, the Ohio department of agriculture under Chapter 3715., 911., 913., 915., 917., 918. whether mandatory or voluntary, or 925. of the Revised Code, or other recognized food regulatory agency of another state responsible for food safety; or (b) A cottage food production operation as defined in division (A) of section 3715.01 of the Revised Code, or an exempt processor of tree syrup, honey, sorghum, apple syrup, or apple butter as specified in division (A) of section 3715.021 of the Revised Code; and that is in compliance with the provisions of Chapter 3715. of the Revised Code and any applicable rules adopted thereunder; or (c) Provided the processing is not subject to regulations as stated in paragraphs (B)(4)(a) and (B)(4)(b) of this rule, a food service operation or retail food establishment as defined and licensed in accordance with Chapter 3717. of the Revised Code. (d) Except for mushrooms and sprouts, the term "approved source" is not applicable to fresh unprocessed fruits and vegetables. (5) "ANSI" means the American national standards institute. (6) "Asymptomatic" means without obvious symptoms; not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice. It includes not showing symptoms because symptoms have resolved or subsided. (7) "aw" means water activity, which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature. (8) "Balut" means an embryo inside a fertile egg that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching. (9) "Beverage" means a liquid for drinking, including water. (10) "Board of health" means the board of health of any city or general health district, or the authority having the duties of a board of health as authorized by section 3709.05 of the Revised Code. (11) "Bottled drinking water" means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water. (12) "Bulk water machine" means a self-service device used for the filling of containers with water. The device includes a water treatment process which is not replenished after each use and does not need prior payment by the user for activation of the machine. (13) "Casing" means a tubular container for sausage products made of either natural or artificial (synthetic) material. (14) "Certification number" means the unique identification number issued by the shellfish control authority to each dealer for each location. (15) "C.F.R." means Code of Federal Regulations which is the compilation of the general and permanent rules published in the federal register by the executive departments and agencies of the federal government which: (a) Is published annually by the United States government printing office; (b) Contains FDA rules in 21 C.F.R. (as amended on March 21, 2023), USDA rules in 7 C.F.R. and 9 C.F.R. (as amended on January 1, 2018), EPA rules in 40 C.F.R. (as amended on March 20, 2023), and wildlife and fisheries rules in 50 C.F.R. (as amended on March 16, 2023); and (c) Citations in this chapter to the C.F.R. refer sequentially to the title, part, and section numbers, such as 40 C.F.R. 180.194 refers to Title 40, Part 180, Section 194. (16) "CIP" means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that are to be cleaned, such as the method used, in part, to clean and sanitize a frozen dessert machine. "CIP" does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system. (17) "Commingle" means the act of combining different lots of shellfish. (18) "Comminuted": (a) Means reduced in size by methods including chopping, flaking, grinding, or mincing; and (b) Includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of two or more types of meat that have been reduced in size and combined, such as sausages made from two or more meats. (19) "Conditional employee" means a potential food employee to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed to identify potential food employees who may be suffering from a disease that can be transmitted through food and done in compliance with Title 1 of the Americans with Disabilities Act of 1990. (20) "Confirmed disease outbreak" means a foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness. (21) "Consumer" means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food service operation, retail food establishment or food processing plant, and does not offer the food for resale. (22) "Corrosion-resistant material" means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment. (23) "Cottage food production operation" means a person who, in the person's home, produces food items that are not potentially hazardous foods, including bakery products, jams, jellies, candy, fruit butter, and similar products specified in rules adopted pursuant to section 3715.025 of the Revised Code. (24) "Counter-mounted equipment" means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf. (25) "Critical control point" means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk. (26) "Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter is to be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur. (27) "Cut leafy greens" means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. The term "leafy greens" includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e., immature lettuce or leafy greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula and chard. The term "leafy greens" does not include herbs such as cilantro or parsley. (28) "Dealer" means a person who is authorized by a shellfish control authority for the activities of shellstock shipper, shucker-packer, repacker, reshipper, or depuration processor of molluscan shellfish according to the provisions of the national shellfish sanitation program. (29) "Disclosure" means a written statement that clearly identifies the animal-derived foods which are, or can be ordered, raw, undercooked, or without otherwise being processed to eliminate pathogens, or items that contain an ingredient that is raw, undercooked, or without otherwise being processed to eliminate pathogens. (30) "Drinking water" means water that meets criteria as specified in 40 C.F.R. 141. "Drinking water" is traditionally known as "potable water." "Drinking water" includes the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater," and "nondrinking" water. (31) "Dry storage area" means a room or area designated for the storage of packaged or containerized bulk food that is not time/temperature controlled for safety and dry goods such as single-service items. (32) "Easily cleanable": (a) Means a characteristic of a surface that: (i) Allows effective removal of soil by normal cleaning methods; (ii) Is dependent on the material, design, construction, and installation of the surface; and (iii) Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use. (b) Includes a tiered application of the criteria that qualify the surface as easily cleanable as specified under paragraph (B)(32)(a) of this rule to different situations in which varying degrees of cleanability are needed such as: (i) The appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining; or (ii) The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area. (33) "Easily movable" means: (a) Portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and (b) Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area. (34) "Egg" means the shell egg of avian species such as chicken, duck, goose, guinea, quail, ratites or turkey. It does not include a balut; the egg of reptile species such as alligator; or an egg product. (35) "Egg product" means all, or a portion of, the contents found inside eggs separated from the shell and pasteurized in a food processing plant, with or without added ingredients, intended for human consumption, such as dried, frozen or liquid eggs. It does not include food which contains eggs only in a relatively small proportion such as cake mixes. (36) "Employee" means the license holder, person in charge, food employee, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food service operation or retail food establishment. (37) "EPA" means the United States environmental protection agency. (38) "Equipment" means an article that is used in the operation of a food service operation or retail food establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, bulk water machine, or warewashing machine. "Equipment" does not include apparatuses used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, or skids. (39) "Exclude" means to prevent a person from working as an employee in a food service operation or retail food establishment, or entering a food service operation or retail food establishment as an employee. (40) "FDA" means the United States food and drug administration. (41) "Fish": (a) Means fresh or saltwater finfish, crustaceans and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, if such animal life is intended for human consumption. (b) Includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner. (42) "Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum. (43) "Foodborne disease outbreak" means the occurrence of two or more cases of a similar illness resulting from the ingestion of a common food. (44) "Food-contact surface" means: (a) A surface of equipment or a utensil with which food normally comes into contact; or (b) A surface of equipment or a utensil from which food may drain, drip, or splash: (i) Into a food; or (ii) Onto a surface normally in contact with food. (45) "Food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces. (46) "Food monitoring device" means a digital pH meter, aw meter, or other device such as a relative humidity meter or wet bulb thermometer, that are used to ensure a critical limit is being met as indicated in a HACCP plan or a variance as specified in paragraph (B)(129) of this rule. (47) "Food processing plant" means a commercial business or that portion of a business that manufactures, packages, labels, or stores food for human consumption, and is under regulation of the federal government or the Ohio department of agriculture under Chapter 3715., 911., 913., 915., 917., 918., or 925. of the Revised Code. (48) "Food service operation": (a) Means a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or mandatory donation. As used in this definition, "served" means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and "prepared" means any action that affects a food other than receiving or maintaining it at the temperature at which it was received; (b) Includes a catering food service operation, a food delivery sales operation, a mobile food service operation, temporary food service operation, seasonal food service operation, and a vending machine location; and (c) Does not include those operations exempted in section 3717.42 of the Revised Code. (49) "Food service operation sales volume" means the annual sales, minus sales tax, for individual portions of food that are prepared or served by the operation for on premise consumption or individual portions of food served for carry-out or delivery and that are edible without further washing, cooking, or additional preparation. (50) "Game animal": (a) Means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule or other equine in 9 C.F.R. 301.2, or as poultry, or fish. (b) Includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes. (c) Does not include ratites. (51) "General use pesticide" means a pesticide that is not classified as a restricted use pesticide under the federal act which, except as provided to avoid immediate harm, may only be applied in a food service operation or retail food establishment under the direct supervision of a commercial applicator licensed as specified under section 921.06 of the Revised Code. (52) "Grade A standards" means the requirements of the United States public health service/FDA "Grade A Pasteurized Milk Ordinance" with which certain fluid and dry milk and milk products comply. (53) "HACCP plan" means a written document that delineates the formal procedures for following the hazard analysis and critical control point (HACCP) principles developed by the national advisory committee on microbiological criteria for foods. (54) "Handwashing sink" means a lavatory, a basin or vessel for washing, a wash basin, or a plumbing fixture especially placed for use in personal hygiene and designed for the washing of the hands. The term includes an automatic handwashing facility. (55) "Hazard" means a biological, chemical, or physical property that may cause an unacceptable consumer health risk. (56) "Hermetically sealed container" means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing. (57) "Highly susceptible population" means persons who are more likely than other people in the general population to experience foodborne disease because they are: (a) Immunocompromised; preschool age children, or older adults; and (b) Obtaining food at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center. (58) "Injected" means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as "injecting," "pump marinating," or "stitch pumping." (59) "In-shell product" means non-living, processed shellfish with one or both shells present. (60) "Intact meat" means a cut of whole muscle(s) meat that has not undergone comminution, mechanical tenderization, vacuum tumbling with solutions, reconstruction, cubing, or pounding. (61) "Juice" means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or puree. Juice includes juice as a whole beverage, an ingredient of a beverage and a puree as an ingredient of a beverage. (62) "Kitchenware" means food preparation and storage utensils. (63) "Law" means applicable local, state, and federal statutes, regulations, and ordinances. (64) "License" means the document issued by the licensor that authorizes a person to operate a food service operation or retail food establishment. (65) "License holder" means the entity that: (a) Is legally responsible for the operation of the food service operation or retail food establishment such as the owner, the owner's agent, or other person; and (b) Possesses a valid license to operate a food service operation or retail food establishment. (66) "Licensor" means one of the following: (a) A board of health or the authority having the duties of a board of health approved under section 3717.11 of the Revised Code; (b) The director of agriculture acting under section 3717.11 of the Revised Code or 3717.111 of the Revised Code with respect to licensing retail food establishments; or (c) The director of health acting under section 3717.11 of the Revised Code or 3717.111 of the Revised Code with respect to licensing food service operations. (67) "Linens" means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves. (68) "Major food allergen" means: (a) Milk, egg, fish (such as bass, flounder, cod, and including crustacean shellfish such as crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, soybeans, and sesame; or (b) A food ingredient that contains protein derived from a food, as specified in paragraph (B)(68)(a) of this rule. (c) The term does not include: (i) Any highly refined oil derived from a food specified in paragraph (B)(68)(a) of this rule and any ingredient derived from such highly refined oil; or (ii) Any ingredient that is exempt under the petition or notification process specified in the Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282). (69) "Meat" means the flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish and poultry. (70) "Mechanically tenderized" means manipulating meat by piercing with a set of needles, pins, blades, or any mechanical device, which breaks up muscle fiber and tough connective tissue, to increase tenderness. This includes injection, scoring, and processes which may be referred to as "blade tenderizing," "jaccarding," "pinning," or "needling." (71) "mg/L" means milligrams per liter, which is the metric equivalent of parts per million (ppm). (72) "Micro market" means a retail food establishment that offers for sale food items that are allowable in a risk level one operation in displays not more than two hundred and fifty linear feet. All commercially prepackaged refrigerated or frozen time/temperature controlled for safety foods are to be stored in equipment that complies with paragraph (H) of rule 3717-1-03.4, paragraphs (MM) and (NN) of rule 3717-1-04.1 of the Administrative Code. (73) "Mobile food service operation" means a food service operation that is operated from a movable vehicle, portable structure, or watercraft and that routinely changes location, except that if the operation remains at any one location for more than forty consecutive days, the operation is no longer a mobile food service operation. "Mobile food service operation" includes a food service operation that does not remain at any one location for more than forty consecutive days and serves, in a manner consistent with division (F) of section 3717.01 of the Revised Code. (74) "Mobile retail food establishment" means a retail food establishment that is operated from a movable vehicle or other portable structure, and that routinely changes location, except that if the establishment operates from any one location for more than forty consecutive days, the establishment is no longer a mobile retail food establishment. (75) "Molluscan shellfish" means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle. Molluscan shellfish includes shellstock, shucked shellfish, and in-shell products. (76) "Non-continuous cooking": (a) Means the cooking of food in a food service operation or retail food establishment using a process in which the initial heating of the food is intentionally halted so that it may be cooled and held for complete cooking at a later time prior to sale or service. (b) Does not include cooking procedures that only involve temporarily interrupting or slowing an otherwise continuous cooking process. (77) "NSF" means the national sanitation foundation or NSF international which contains standard 61, "Drinking Water System Components - Health Effects" (2020). (78) "Packaged": (a) Means bottled, canned, cartoned, bagged, or wrapped, whether packaged in a food service operation, retail food establishment, or a food processing plant; and (b) Does not include wrapped or placed in a carry-out container to protect the food during service or delivery to the consumer, by a food employee, upon consumer request. (79) "Person" means an association, corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency. (80) "Person in charge" means the individual present at a food service operation or retail food establishment who is responsible for the operation at any given time . (81) "Personal care items" means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person's health, hygiene, or appearance. Personal care items include items such as medicines; first aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash. (82) "pH" is the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between zero and seven indicate acidity and values between seven and fourteen indicate alkalinity. The value for pure distilled water is seven, which is considered neutral. (83) "Physical facilities" means the structure and interior surfaces of a food service operation or retail food establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents. (84) "Plumbing fixture" means a receptacle or device that: (a) Is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or (b) Discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises. (85) "Plumbing system" means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water-treating equipment. (86) "Poisonous or toxic materials" means substances that are not intended for ingestion and are included in four categories: (a) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals; (b) Pesticides, except sanitizers, which include substances such as insecticides and rodenticides; (c) Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items that may be deleterious to health; and (d) Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints. (87) "Potentially hazardous food" means time/temperature controlled for safety food as defined in paragraph (B)(125) of this rule. (88) "Poultry" means: (a) Any domesticated bird (chickens, ducks, geese, guineas, ratites, squabs or turkeys), whether live or dead, as defined in 9 C.F.R. 381.1; and (b) Any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined in 9 C.F.R. 362.1. (89) "Premises" means: (a) The physical facility, its contents, and the contiguous land or property under the control of the license holder; or (b) The physical facility, its contents, and the land or property not described under paragraph (B)(89)(a) of this rule if its facilities and contents are under the control of the license holder and may impact food service operation or retail food establishment personnel, facilities, or operations, and a food service operation or retail food establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison. (90) "Primal cut" means a basic major cut into which carcasses and sides of meat are separated, such as a beef round, pork loin, lamb flank, or veal breast. (91) "Public water system" has the meaning stated in Chapter 3745-81 of the Administrative Code. (92) "Ratite" means a flightless bird such as an emu, ostrich, or rhea. (93) "Ready-to-eat food": (a) Means food that: (i) Is in a form that is edible without additional preparation to achieve food safety, as specified under one of the following paragraph (A)(1) or (A)(4), (B), or (F) of rule 3717-1-03.3 of the Administrative Code or as specified in paragraph (A)(2) of rule 3717-1-03.3 of the Administrative Code; or (ii) Is a raw or partially cooked animal food and the consumer is advised as specified in paragraphs (A)(3)(a) and (A)(3)(b) of rule 3717-1-03.3 of the Administrative Code; or (iii) Is prepared in accordance with a variance that is granted as specified in paragraph (A)(3)(c) of rule 3717-1-03.3 of the Administrative Code; and (iv) May receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes. (b) Includes: (i) Raw animal food that is cooked as specified under paragraph (A) or (B) or frozen as specified under paragraph (F) of rule 3717-1-03.3 of the Administrative Code; (ii) Raw, fruits and vegetables that are washed as specified under paragraph (G) of rule 3717-1-03.2 of the Administrative Code; (iii) Plant foods that are cooked for hot holding, as specified under paragraph (C) of rule 3717-1-03.3 of the Administrative Code; (iv) All time/temperature controlled for safety food that is cooked to the temperature and time requirements for the specific food under paragraphs (A) to (D) of rule 3717-1-03.3 of the Administrative Code and cooled as specified under paragraph (D) of rule 3717-1-03.4 of the Administrative Code; (v) Plant food for which further washing, cooking, or other processing is not necessary for food safety, and from which rinds, peels, husks, or shells, if naturally present are removed; (vi) Substances derived from plants such as spices, seasonings, and sugar; (vii) A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not necessary for food safety; (viii) The following products that are produced in accordance with USDA guidelines and that have received a lethality treatment for pathogens: dry fermented sausages, such as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto ham, country cured ham, and Parma ham; and dried meat and poultry products, such as jerky or beef sticks; and (ix) Foods manufactured as specified in 21 C.F.R. 113, thermally processed low-acid foods packaged in hermetically sealed containers. (c) Does not include: (i) Commercially packaged food that bears a manufacturer's cooking instructions; and (ii) Food for which the manufacturer has provided information that it has not been processed to control pathogens. (94) "Reduced oxygen packaging": (a) Means the reduction of the amount of oxygen in a package by removing oxygen; displacing oxygen and replacing it with another gas or combination of gases; or otherwise controlling the oxygen content to a level below that normally found in the surrounding atmosphere, which is approximately twenty-one per cent at sea level; and (b) Is a process as specified in paragraph (B)(94)(a) of this rule that involves a food for which the hazards Clostridium botulinum or Listeria monocytogenes warrant control in the final packaged form. (c) Includes: (i) Vacuum packaging, in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package; (ii) Modified atmosphere packaging, in which the atmosphere of a package of food is modified so that its composition is different from air but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes: reduction in the proportion of oxygen, total replacement of oxygen, or an increase in the proportion of other gases such as carbon dioxide or nitrogen; (iii) Controlled atmosphere packaging, in which the atmosphere of a package of food is modified so that until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained, such as by using oxygen scavengers or a combination of total replacement of oxygen, nonrespiring food, and impermeable packaging material; (iv) Cook chill packaging, in which cooked food is hot filled into impermeable bags that are then sealed or crimped closed. The bagged food is rapidly chilled and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens; or (v) Sous vide packaging, in which raw or partially cooked food is vacuum packaged in an impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens. (95) "Refuse" means solid waste not carried by water through the sewage system. (96) "Regulatory authority" means the local, state, or federal enforcement body or authorized representative having jurisdiction over the process or facility. (97) "Reminder" means a written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens. (98) "Re-service" means the transfer of food that is unused and returned by a consumer after being served or sold and in the possession of the consumer, to another person. (99) "Restrict" means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food; clean equipment, utensils, linens; or unwrapped single-service or single-use articles. (100) "Restricted egg" means any check, dirty egg, incubator reject, inedible, leaker, or loss as defined in 9 C.F.R. 590. (101) "Restricted use pesticide" means any pesticide or pesticide use classified by the administrator of the United States environmental protection agency for use only by a certified applicator or by an individual working under the direct supervision of a certified applicator. (102) "Retail food establishment" means a premises or part of a premises where food is stored, processed, prepared, manufactured, or otherwise held or handled for retail sale. Except when expressly provided otherwise, retail food establishment includes a mobile retail food establishment, seasonal retail food establishment and temporary retail food establishment. It does not include those operations exempted in section 3717.22 of the Revised Code. As used in this definition: (a) "Retail" means the sale of food to a person who is the ultimate consumer of the food. (b) "Prepared" means any action that affects a food, including receiving and maintaining it at the temperature at which it was received. (103) "Retail food establishment sales volume" means the annual sales, minus sales tax, for food, that is sold in bulk or multiple portions by the establishment for off premise consumption that may need further washing, cooking, or additional preparation; or in individual portions that are not consumed on the premise and that either need further washing, cooking or additional preparation before consumption or are ingredient labeled for self service. (104) "Risk" means the likelihood that an adverse health effect will occur within a population as a result of a hazard in a food. (105) "Safe material" means: (a) An article manufactured from or composed of materials that is not expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food; (b) An additive that is used as specified in section 409 of the Federal Food, Drug, and Cosmetic Act (as amended on August 14, 2018); or (c) Other materials that are not additives and that are used in conformity with applicable regulations of the food and drug administration. (106) "Sanitization" means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five logs, which is equal to a 99.999 per cent reduction, of representative disease microorganisms of public health importance. (107) "Sealed" means free of cracks or other openings that allow the entry or passage of moisture. (108) "Seasonal food service operation" means a food service operation, other than a mobile food service operation, that is operated for not more than six months in a licensing period. (109) "Seasonal retail food establishment" means a retail food establishment, other than a mobile retail food establishment, that is operated for not more than six months in a licensing period. (110) "Service animal" means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. (111) "Servicing area" means an operating base location to which a mobile food service operation, mobile retail food establishment or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food. (112) "Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution. (113) "Shellfish control authority" means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce. (114) "Shellstock" means live molluscan shellfish in the shell. (115) "Shiga toxin-producing Escherichia coli" or STEC means any E. coli capable of producing Shiga toxins (also called verocytotoxins). STEC infections can be asymptomatic or may result in a spectrum of illness ranging from mild non-bloody diarrhea, to hemorrhagic colitis (i.e., bloody diarrhea), to hemolytic uremic syndrome (HUS - a type of kidney failure). Examples of serotypes of STEC include : E. coli 0157:H7; E.coli 0157:NM; E.coli 026:H11; E. coli 0145:NM; E. coli 0103:H2; and E. coli 0111:NM. STEC are sometimes referred to as verocytotoxigenic E. coli (VTEC) or as Enterohemorrhagic E. coli (EHEC). EHEC are a subset of STEC which can cause hemorrhagic colitis or HUS. (116) "Shucked shellfish" means molluscan shellfish that have both shells removed. (117) "Single-service articles" means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use after which they are intended for discard. (118) "Single-use articles": (a) Means utensils and bulk food containers designed and constructed to be used once and discarded; and (b) Includes, but are not limited to, items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number ten cans which do not meet the materials, durability, strength, and cleanability specifications under paragraph (A) of rule 3717-1-04 of the Administrative Code, and paragraphs (A) and (C) of rule 3717-1-04.1 of the Administrative Code for multiuse utensils. (119) "Slacking" means the process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of minus ten degrees Fahrenheit (minus twenty-three degrees Celsius) to twenty-five degrees Fahrenheit (minus four degrees Celsius) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food such as shrimp. (120) "Smooth" means: (a) A food-contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of (one hundred grit) number three stainless steel; (b) A nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; or (c) A floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean. (121) "Tableware" means eating, drinking, and serving utensils for table use such as plates; flatware including forks, knives, and spoons; and hollowware including bowls, cups, serving dishes, and tumblers. (122) "Temperature measuring device" means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water. (123) "Temporary food service operation" means a food service operation that is operated at an event for no more than five consecutive days, except when operated for more than five consecutive days under division (E)(2) of section 3717.43 of the Revised Code. (124) "Temporary retail food establishment" means a retail food establishment that is operated at an event for not more than five consecutive days, except when operated for more than five consecutive days pursuant to division (E)(2) of section 3717.23 of the Revised Code. (125) "Time/temperature controlled for safety food" or "TCS food" means a food that needs time/temperature control for safety to limit pathogenic microorganism growth or toxin formation. (a) TCS food includes: (i) An animal food that is raw or heat-treated; a plant food that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; and (ii) Except as specified in paragraph (B)(125)(b)(iv) of this rule, a food that because of the interaction of its aw and pH values is designated as product assessment needed (PA) in table A or B of this rule. | pH 4.6 or less | pH greater than 4.6 to 5.6 | pH greater than 5.6 | | aw less than or equal to 0.92 | non-TCS food | non-TCS food | non-TCS food | | aw greater than 0.92 to 0.95 | non-TCS food | non-TCS food | PA | | aw greater than 0.95 | non-TCS food | PA | PA |
| pH less than 4.2 | pH 4.2 to 4.6 | pH greater than 4.6 to 5.0 | pH greater than 5.0 | | aw less than 0.88 | non-TCS food | non-TCS food | non-TCS food | non-TCS food | | aw 0.88 to 0.90 | non-TCS food | non-TCS food | non-TCS food | PA | | aw greater than 0.90 to 0.92 | non-TCS food | non-TCS food | PA | PA | | aw greater than 0.92 | non-TCS food | PA | PA | PA |
(b) TCS food does not include: (i) An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable salmonellae; (ii) A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution; (iii) A food that because of its pH or aw value, or interaction of aw and pH values, is designated as a non-TCS food in table A or B of paragraph (B)(125)(a) of this rule; (iv) A food that is designated as product assessment needed (PA) in table A or B of paragraph (B)(125)(a) of this rule and has undergone a product assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that food is precluded due to: (a) Intrinsic factors including added or natural characteristics of the food such as preservatives, antimicrobials, humectants, acidulants, or nutrients, (b) Extrinsic factors including environmental or operational factors that affect the food such as packaging, modified atmosphere such as reduced oxygen packaging, shelf life and use, or temperature range of storage and use, or (c) A combination of intrinsic and extrinsic factors; or (v) A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with either paragraph (B)(125)(b)(i), (B)(125)(b)(ii), (B)(125)(b)(iii), or (B)(125)(b)(iv) of this rule even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury. (126) "Tobacco product" has the meaning specified in Chapter 2927. of the Revised Code. (127) "USDA" means the United States department of agriculture. (128) "Utensil" means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; temperature sensing probes of food temperature measuring devices; and probe-type price or identification tags used in contact with food. (129) "Variance" means a written document issued by the Ohio department of agriculture or the Ohio department of health that authorizes a modification or waiver of one or more requirements of this chapter if, in the opinion of the Ohio department of agriculture or the Ohio department of health, a health hazard or nuisance will not result from the modification or waiver. (130) "Vending machine" means a self-service device that automatically dispenses on the insertion of currency, token, card, key, by electronic transaction, or similar means a predetermined unit serving of food, either in bulk or in package, without having to be replenished after each use. (131) "Vending machine location" means an area or room where one or more vending machines are installed and operated, except that if the machines within an area are separated by more than one hundred fifty feet, each area separated by that distance constitutes a separate vending machine location. (132) "Warewashing" means the cleaning and sanitizing of utensils and food-contact surfaces of equipment. (133) "Whole-muscle, intact beef" means whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut.
Last updated September 5, 2024 at 11:02 AM
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Rule 3717-1-02 | Determination of the primary business of a facility for purpose of licensure.
Effective:
September 5, 2024
(A) When the activities of a food service
operation and a retail food establishment are carried on within the same
facility by the same person or government entity, the licensor will determine
whether the person or government entity is to be licensed as a food service
operation or retail food establishment according to the primary business of the
person or government entity. (B) The licensor will consult with the
person or government entity to obtain the necessary information about
whether: (1) The facility's
food service operation sales volume is greater than its retail food
establishment sales volume, in which case its primary business is a food
service operation; or (2) The facility's
retail food establishment sales volume is greater than its food service
operation sales volume, in which case its primary business is a retail food
establishment. (3) When sales volume
information does not exist, the licensor will determine the primary business in
consultation with the person or government entity based on the anticipated
sales volume. (C) If the licensors of a food service
operation and a retail food establishment are not the same, the licensors will
jointly determine the primary business in consultation with the person or
government entity.
Last updated September 5, 2024 at 11:02 AM
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Rule 3717-1-02.1 | Management and personnel: employee health.
Effective:
September 5, 2024
(A) The license holder will ensure food
employees and conditional employees report to the person in charge information
about their health as it relates to diseases that are transmissible through
food. A food employee or conditional employee is obligated to report the
information in a manner that allows the person in charge to reduce the risk of
foodborne disease transmission, including providing necessary additional
information, such as the date of onset of symptoms and an illness, or of a
diagnosis without symptoms, if the food employee or conditional
employee: (1) Has any of the
following symptoms: (a) Vomiting; (b) Diarrhea; (c) Jaundice; (d) Sore throat with fever; or (e) A lesion containing pus such as a boil or infected wound that
is open or draining and is: (i) On the hands or
wrists, unless an impermeable cover such as a finger cot or stall protects the
lesion and a single-use glove is worn over the impermeable cover; (ii) On exposed portions
of the arms, unless the lesion is protected by an impermeable cover;
or (iii) On other parts of
the body, unless the lesion is covered by a dry, durable, tight-fitting
bandage. (2) Has an illness
diagnosed by a health care provider due to: (a) Campylobacter; (b) Cryptosporidium; (c) Cyclospora; (d) Entamoeba histolytica; (e) Shiga toxin-producing Escherichia coli; (f) Giardia; (g) Hepatitis A; (h) Norovirus; (i) Salmonella (nontyphoidal); (j) Salmonella Typhi; (k) Shigella spp.; (l) Vibrio cholerae; or (m) Yersinia. (3) Had a previous
illness, diagnosed by a health care provider, within the past three months due
to Salmonella Typhi, without having received antibiotic therapy, as determined
by a health care provider; (4) Has been exposed to,
or is the suspected source of, a confirmed disease outbreak, because the food
employee or conditional employee consumed or prepared food implicated in the
outbreak, or consumed food at an event prepared by a person who is infected or
ill with: (a) Norovirus within the past forty-eight hours of the last
exposure; (b) Shiga toxin-producing Escherichia coli within the past ten
days of the last exposure; (c) Shigella spp. within the past four days of the last
exposure; (d) Salmonella Typhi within the past fourteen days of the last
exposure; (e) Hepatitis A virus within the past fifty days of the last
exposure; or (5) Has been exposed by
attending or working in a setting where there is a confirmed disease outbreak,
or living in the same household as, and has knowledge about, an individual who
works or attends a setting where there is a confirmed disease outbreak, or
living in the same household as, and has knowledge about, an individual
diagnosed with an illness caused by: (a) Norovirus within the past forty-eight hours of the last
exposure; (b) Shiga toxin-producing Escherichia coli, within the past ten
days of the last exposure; (c) Shigella spp. within the past four days of the last
exposure; (d) Salmonella Typhi within the past fourteen days of the last
exposure; or (e) Hepatitis A virus within the past fifty days of the last
exposure. (B) The person in charge is to notify the
licensor when a food employee is diagnosed with an illness due to a pathogen
specified under paragraph (A)(2) of this rule. (C) The person in charge is to ensure
that a conditional employee: (1) Who exhibits or
reports a symptom as specified under paragraph (A)(1) of this rule, or who
reports a diagnosed illness as specified under paragraph (A)(2) or (A)(3) of
this rule, is precluded from becoming a food employee until the conditional
employee meets the criteria as specified under paragraph (E) of this rule;
and (2) Who will work as a
food employee in a food service operation or retail food establishment that
serves a highly susceptible population and reports a history of exposure as
specified under paragraphs (A)(4) and (A)(5) of this rule, is precluded from
becoming a food employee until the conditional employee meets the criteria as
specified under paragraph (E) of this rule. (D) Conditions of exclusion and
restriction - exclusions and restrictions. (1) The person in charge
will restrict the duties of a food employee of a food service operation or
retail food establishment that has any of the symptoms listed in paragraph
(A)(1) of this rule; and (2) The person in charge
will restrict the duties of a food employee or exclude a food employee
diagnosed with illnesses listed in paragraph (A)(2) of this rule from a food
service operation or retail food establishment in accordance with rule
3701-3-13 of the Administrative Code. (E) Removal of exclusions and
restrictions. The person in charge may remove an exclusion or
restriction specified under paragraph (D) of this rule if the food employee is
released by a health care provider or by approval of the licensor. This
provision does not prevent a person in charge from removing the restriction of
a food employee if the restriction was due to symptoms listed in paragraph
(A)(1) of this rule, the symptoms have ceased, and the illness was not from an
infectious disease agent listed in paragraph (A)(2) of this rule.
Last updated September 5, 2024 at 11:02 AM
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Rule 3717-1-02.2 | Management and personnel: personal cleanliness.
Effective:
September 5, 2024
[Comment: For publication dates of the C.F.R.
referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the
Administrative Code.] (A) Hands and arms - clean
condition. Food employees are to keep their hands and
exposed portions of their arms clean. (B) Hands and arms - cleaning
procedure. (1) Except as specified
in paragraph (B)(4) of this rule, food employees are to clean their hands and
exposed portions of their arms including surrogate prosthetic devices for hands
or arms for at least twenty seconds, using a hand cleaner in a handwashing sink
that is equipped as specified under paragraph (C) of rule 3717-1-05.1 of the
Administrative Code and paragraphs (A) to (F) of rule 3717-1-06.2 of the
Administrative Code. (2) Food employees are to
use the following cleaning procedure in the order stated to clean their hands
and exposed portions of their arms, including surrogate prosthetic devices for
hands and arms: (a) Rinse under clean, running warm water; (b) Apply an amount of hand cleaner recommended by the product
manufacturer; (c) Rub together vigorously for at least ten to fifteen seconds
while: (i) Paying particular
attention to removing soil from underneath the fingernails during the cleaning
procedure; and (ii) Creating friction on
the surfaces of the hands and arms or surrogate prosthetic devices for hands
and arms, finger tips, and areas between the fingers. (d) Thoroughly rinse under clean, running warm water;
and (e) Immediately follow the cleaning procedure with thorough
drying using a method as specified under paragraph (C) of rule 3717-1-06.2 of
the Administrative Code. (3) To avoid
recontaminating their hands or surrogate prosthetic devices, food employees may
use disposable paper towels or similar clean barriers when touching surfaces
such as manually operated faucet handles on a handwashing sink or the handle of
a restroom door. (4) If approved and
capable of removing the types of soils encountered in the food operations
involved, an automatic handwashing facility may be used by food employees to
clean their hands or surrogate prosthetic devices. (C) Hands and arms - when to
wash. Food employees are to clean their hands and
exposed portions of their arms as specified under paragraph (B) of this rule
immediately before engaging in food preparation including working with exposed
food; clean equipment and utensils; and unwrapped single-service and single-use
articles and: (1) After touching bare
human body parts other than clean hands and clean, exposed portions of
arms; (2) After using the
toilet room; (3) After caring for or
handling service animals or aquatic animals as specified in paragraph (E) of
rule 3717-1-02.3 of the Administrative Code; (4) After coughing,
sneezing, using a handkerchief or disposable tissue, using tobacco products,
eating, or drinking except as specified in paragraph (A) of rule 3717-1-02.3 of
the Administrative Code for a food employee drinking from a closed beverage
container; (5) After handling soiled
equipment or utensils; (6) During food
preparation, as often as necessary to remove soil and contamination and to
prevent cross contamination when changing tasks; (7) When switching
between working with raw food and working with ready-to-eat food; (8) Before donning gloves
to initiate a task that involves working with food; and (9) After engaging in any
other activities that contaminate the hands. (D) Hands and arms - where to
wash. Food employees are to clean their hands in a
handwashing sink or approved automatic handwashing facility and not in a sink
used for food preparation or warewashing, or in a service sink or a curbed
cleaning facility used for the disposal of mop water and similar liquid
waste. (E) Hand antiseptics. (1) A hand antiseptic
used as a topical application, a hand antiseptic solution used as a hand dip,
or a hand antiseptic soap is to: (a) Comply with one of the following: (i) Be an approved drug
that is listed in the current version of the FDA publication "Approved
Drug Products with Therapeutic Equivalence Evaluations" as an approved
drug based on safety and effectiveness; or (ii) Have active
antimicrobial ingredients that are listed in the FDA monograph for
over-the-counter health-care antiseptic drug products as an antiseptic handwash
(as published on December 20, 2017); and (b) Consist only of components which the intended use of each
complies with one of the following: (i) A threshold of
regulation exemption under 21 C.F.R. 170.39; or (ii) 21 C.F.R. 178 as regulated for use as a food additive with
conditions of safe use; or (iii) A determination of generally recognized as safe. Partial
listings of substances with food uses that are generally recognized as safe may
be found in 21 C.F.R. 182, 21 C.F.R. 184 or 21 C.F.R. 186 for use in contact
with food and in FDA's inventory of generally recognized as safe notices;
or (iv) A prior sanction listed under 21 C.F.R. 181; or (v) A food contact notification that is effective;
and (c) Be applied only to hands that are cleaned as specified under
paragraph (B) of this rule. (2) If a hand antiseptic
or a hand antiseptic solution used as a hand dip does not meet the criteria
specified under paragraph (E)(1)(b) of this rule, use is to be: (a) Followed by thorough hand rinsing in clean water before hand
contact with food or by the use of gloves; or (b) Limited to situations that involve no direct contact with
food by the bare hands. (3) A hand antiseptic
solution used as a hand dip is to be maintained clean and at a strength
equivalent to at least one hundred parts per million (mg/L)
chlorine. (F) Fingernails -
maintenance. (1) Food employees are to
keep their fingernails trimmed, filed, and maintained so the edges and surfaces
are cleanable and not rough. (2) Unless wearing intact
gloves in good repair, a food employee will not wear fingernail polish or
artificial fingernails when working with exposed food. (G) Jewelry - limitation. (1) Except as provided in
paragraphs (G)(2) and (G)(3) of this rule, while preparing food, food employees
cannot wear jewelry on their arms or hands. (2) A medical alert
bracelet is permitted when a reasonable accommodation is made, such as wearing
the bracelet high on the arm or secured in a manner that does not pose a risk
to the food but provides emergency medical information if it is
needed. (3) A plain ring such as
a wedding band may be worn. (H) Outer clothing - clean
condition. Food employees are to wear clean outer clothing
to prevent contamination of food, equipment, utensils, linens, single-service
articles, or single-use articles.
Last updated September 5, 2024 at 11:03 AM
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Rule 3717-1-02.3 | Management and personnel: hygienic practices.
Effective:
September 5, 2024
(A) Food contamination prevention -
eating, drinking, or using tobacco products. (1) Except as specified
in paragraph (A)(2) of this rule, an employee will eat, drink, or use tobacco
products only in designated areas where the contamination of exposed food;
clean equipment, utensils, or linens; unwrapped single-service or single-use
articles; or other items needing protection cannot result. (2) A food employee may
drink from a closed beverage container if the container is handled to prevent
contamination of: (a) The employee's hands; (b) The container; and (c) Exposed food; clean equipment, utensils, or linens; or
unwrapped single-service or single-use articles. (B) Food contamination prevention -
discharges from the eyes, nose, and mouth. Food employees experiencing persistent sneezing,
coughing, or a runny nose that causes discharges from the eyes, nose, or mouth
are not permitted to work with exposed food; clean equipment, utensils, or
linens; or unwrapped single-service or single-use articles. (C) Use of bandages, finger cots, or
finger stalls. If used, an impermeable cover such as a bandage,
finger cot, or finger stall located on the wrist, hand or finger of a food
employee working with exposed food will be covered with a single-use
glove. (D) Hair restraints - effectiveness. Food employees are to effectively restrain hair
by wearing hair restraints such as hats, hair coverings or nets, beard
restraints, and clothing that covers body hair, that are designed and worn to
effectively keep their hair from contacting exposed food; clean equipment,
utensils, or linens; or unwrapped single-service or single-use articles. This
provision does not apply to food employees such as counter staff who only serve
beverages and wrapped or packaged foods, hostesses, and wait staff if they
present a minimal risk of contaminating exposed food; clean equipment,
utensils, and linens; and unwrapped single-service and single-use
articles. (E) Animals - handling restriction. Food employees are not permitted to care for or
handle animals that may be present such as patrol dogs, service animals, or
pets that are allowed as specified in paragraphs (O)(2) to (O)(5) of rule
3717-1-06.4 and rule 3717-1-08.5 of the Administrative Code. If food employees
wash their hands as specified under paragraphs (B) and (C)(3) of rule
3717-1-02.2 of the Administrative Code, they may handle or care for their own
service animals; fish in aquariums; or molluscan shellfish or crustacea in
display tanks.
Last updated September 5, 2024 at 11:03 AM
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Rule 3717-1-02.4 | Management and personnel: supervision.
Effective:
September 5, 2024
(A) Person in charge - assignment of
responsibility. (1) The license holder is
the person responsible for the food service operation or retail food
establishment. The license holder may be the person in charge or designate a
person or persons in charge and to ensure that a person in charge with
applicable knowledge is present at the food service operation or retail food
establishment during all hours of operation. (2) Paragraph (A)(1) of
this rule does not apply to: (a) Micro markets as defined in paragraph (B)(72) of rule
3717-1-01 of the Adminstrative Code; and (b) Vending machine locations as defined in division (L) of
section 3717.01 of the Revised Code. (3) Each risk level III and risk level IV
food service operation and retail food establishment is obligated to have at
least one employee that has supervisory and management responsibility and the
authority to direct and control food preparation and service that has obtained
manager certification in food protection according to rule 3701-21-25 of the
Administrative Code. (4) Temporary, mobile, vending locations,
and risk level I and risk level II food service operations and retail food
establishments are exempt from paragraph (A)(3) of this rule. (B) Person in charge - demonstration of
knowledge. Based on the risks inherent to the food service
operation or retail food establishment, during inspections and upon request the
person in charge is to demonstrate to the licensor the applicable knowledge of
foodborne disease prevention, application of the hazard analysis and critical
control point principles, and the requirements of this chapter as they relate
to the food service operation or retail food establishment at the time of
inspection. The person in charge is to demonstrate this knowledge by: (1) Complying with this
chapter by having no critical violations during the current inspection;
and (2) Responding correctly to the
environmental health specialist's questions as they relate to the specific
food service operation or retail food establishment. The areas of knowledge
include: (a) Describing the relationship between the prevention of
foodborne disease and the personal hygiene of a food employee; (b) Explaining the responsibility of the person in charge for
preventing the transmission of foodborne disease by a food employee who has a
disease or medical condition that may cause foodborne disease; (c) Describing the symptoms associated with the diseases that are
transmissible through food; (d) Explaining the significance of the relationship between
maintaining the time and temperature of time/temperature controlled for safety
food and the prevention of foodborne illness; (e) Explaining the hazards involved in the consumption of raw or
undercooked meat, poultry, eggs, and fish; (f) Stating the correct food temperatures and times for safe
cooking of time/temperature controlled for safety food including eggs, fish,
meat, and poultry; (g) Stating the correct temperatures and times for the safe
refrigerated storage, hot holding, cooling, and reheating of time/temperature
controlled for safety food; (h) Describing the relationship between the prevention of
foodborne illness and the management and control of the following: (i) Cross contamination; (ii) Hand contact with ready-to-eat foods; (iii) Handwashing; and (iv) Maintaining the food service operation or retail food
establishment in a clean condition and in good repair. (i) Identifying major food allergens including milk, egg, fish,
tree nuts, wheat, peanuts, sesame, and soybeans as specified in paragraph
(B)(68) of rule 3717-1-01 of the Administrative Code; (j) Explaining the relationship between food safety and providing
equipment that is: (i) Sufficient in number and capacity; and (ii) Properly designed, constructed, located, installed, operated,
maintained, and cleaned. (k) Explaining correct procedures for cleaning and sanitizing
utensils and food-contact surfaces of equipment; (l) Identifying the source of water used and measures taken to
ensure that it remains protected from contamination such as providing
protection from backflow and precluding the creation of cross
connections; (m) Identifying poisonous or toxic materials in the food service
operation or retail food establishment and the procedures necessary to ensure
that they are safely stored, dispensed, used, and disposed of
properly; (n) Explaining the details of how the person in charge and food
employees comply with the HACCP plan that includes identifying the critical
control points in the operation and associated critical limits, if a plan is
mandated by this chapter, or an agreement between the licensor and the food
service operation or retail food establishment; (o) Explaining the responsibilities, rights, and authorities
assigned by this chapter to the: (i) Food employee; (ii) Conditional employee; (iii) Person in charge; (iv) Licensor; and (p) Explaining how the person in charge, food employees, and
conditional employees comply with reporting responsibilities and exclusion or
restriction of food employees. (C) Person in charge -
duties. The person in charge is to ensure that: (1) Food service or
retail food establishment operations are not conducted in a private home or in
a room used as living or sleeping quarters as specified under paragraphs (S)
and (T) of rule 3717-1-06.1 of the Administrative Code; (2) Persons unnecessary
to the food service operation or retail food establishment are not allowed in
the food preparation, food storage, or warewashing areas, except that brief
visits and tours may be authorized by the person in charge if steps are taken
to ensure that exposed food; clean equipment, utensils, and linens; and
unwrapped single-service and single-use articles are protected from
contamination; (3) Employees and other
persons such as delivery and maintenance persons and pesticide applicators
entering the food preparation, food storage, and warewashing areas comply with
this chapter; (4) Employees are
effectively cleaning their hands, by routinely monitoring the employees'
handwashing; (5) Employees are visibly
observing foods as they are received to determine that they are from approved
sources, delivered at the correct temperatures, protected from contamination,
unadulterated, and accurately presented, by routinely monitoring the
employees' observations and periodically evaluating foods upon their
receipt; (6) Employees are
verifying that foods delivered to a food service operation or retail food
establishment during non-operating hours are from approved sources and are
placed into appropriate storage locations such that they are maintained at the
correct temperatures, protected from contamination, unadulterated, and
accurately presented; (7) Employees are properly cooking
time/temperature controlled for safety food, being particularly careful in
cooking those foods known to cause severe foodborne illness and death, such as
eggs and comminuted meats, through daily oversight of the employees'
routine monitoring of the cooking temperatures using appropriate temperature
measuring devices properly scaled and calibrated as specified under paragraph
(K) of rule 3717-1-04.1 of the Administrative Code and paragraph (Q)(2) of rule
3717-1-04.4 of the Administrative Code; (8) Employees are using proper methods to
rapidly cool time/temperature controlled for safety foods that are not held hot
or are not for consumption within four hours, through daily oversight of the
employees' routine monitoring of food temperatures during
cooling; (9) Food employees are
properly maintaining the temperature of time/temperature controlled for safety
foods during thawing through daily oversight of the food employee's
routine monitoring of food temperatures; (10) Employees are properly maintaining
the temperatures of time/temperature controlled for safety foods during hot and
cold holding through daily oversight of the employees' routine monitoring
of food temperatures; (11) Consumers who order raw or partially
cooked ready-to-eat foods of animal origin are informed as specified under
paragraph (E) of rule 3717-1-03.5 of the Administrative Code that the food is
not cooked sufficiently to ensure its safety; (12) Employees are properly sanitizing
cleaned multiuse equipment and utensils before they are reused, through routine
monitoring of solution temperature and exposure time for hot water sanitizing,
and chemical concentration, pH, temperature, and exposure time for chemical
sanitizing; (13) Consumers are notified that clean
tableware is to be used when they return to self-service areas such as salad
bars and buffets as specified under paragraph (O) of rule 3717-1-03.2 of the
Administrative Code; (14) Except when approved as specified in
paragraph (A)(4) of rule 3717-1-03.2 of the Administrative Code, employees are
preventing cross-contamination of ready-to-eat food with bare hands by properly
using suitable utensils such as deli tissue, spatulas, tongs, single-use
gloves, or dispensing equipment; (15) Employees are properly trained in
food safety, including food allergy awareness, as it relates to their assigned
duties. Food allergy awareness includes describing foods identified as major
food allergens and the symptoms that a major food allergen could cause in a
sensitive individual who has an allergic reaction; (16) Food employees and conditional
employees are informed in a verifiable manner of their responsibility to report
in accordance with this chapter, to the person in charge, information about
their health as it relates to diseases that are transmissible through food as
specified under paragraph (A) of rule 3717-1-02.1 of the Administrative
Code; (17) Written procedures and plans, as
specified in this chapter and as developed by the food service operation or
retail food establishment, are maintained and implemented; and (18) The food service operation or retail
food establishment has written procedures for employees to follow when
responding to vomiting or diarrheal events that involve the discharge of
vomitus or fecal matter onto surfaces in the food service operation or retail
food establishment. The procedures are to address the specific actions
employees take to minimize the spread of contamination and the exposure of
employees, consumers, food, and surfaces to vomitus or fecal
matter.
Last updated September 5, 2024 at 11:03 AM
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Rule 3717-1-03 | Food - safe, unadulterated, and honestly presented.
Effective:
September 5, 2024
Food is to be safe, unadulterated, and, as
specified under paragraph (B) of rule 3717-1-03.5 of the Administrative Code,
honestly presented.
Last updated September 5, 2024 at 11:03 AM
|
Rule 3717-1-03.1 | Food: sources, specifications, and original containers.
Effective:
September 5, 2024
[Comment: For publication dates of the C.F.R.
referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the
Administrative Code.] (A) Sources - compliance with food
law. (1) Food is to be
obtained from sources that comply with law. (2) Except for products
obtained from a home bakery registered by the Ohio department of agriculture,
products from cottage food production operations, and maple syrup, honey, or
sorghum products produced as provided in section 3715.021 of the Revised Code;
food prepared in a private home is not permitted to be used or offered for
human consumption in a food service operation or retail food
establishment. (3) Packaged food is to
be labeled as specified in law, including 21 C.F.R. 101, 9 C.F.R. 317, 9 C.F.R.
381 subpart N, and as specified under paragraphs (N) and (O) of this
rule. (4) Fish, other than
molluscan shellfish, that are intended for consumption in their raw form and
allowed as specified in paragraph (A)(3)(a) of rule 3717-1-03.3 of the
Administrative Code may be offered for sale or service if they are obtained
from a supplier that freezes the fish as specified under paragraph (F) of rule
3717-1-03.3 of the Administrative Code; or if they are frozen on the premises
as specified under paragraph (F) of rule 3717-1-03.3 of the Administrative Code
and records are retained as specified under paragraph (G) of rule 3717-1-03.3
of the Administrative Code. (5) Whole-muscle, intact
beef steaks that are intended for consumption in an undercooked form without a
consumer advisory as specified in paragraph (A)(2) of rule 3717-1-03.3 of the
Administrative Code are to be: (a) Obtained from a food processing plant that does not
mechanically tenderize, vacuum tumble with solutions, reconstruct, cube, or
pound these whole-muscle, intact beef steaks; or (b) Deemed acceptable by the licensor based on other evidence,
such as written buyer specifications or invoices, that indicates that the
steaks meet the definition of whole-muscle, intact beef; and (c) If individually cut in a food service operation or retail
food establishment: (i) Cut from whole-muscle
intact beef that is received from a food processing plant as specified in
paragraph (A)(5)(a) of this rule or identified as specified in paragraph
(A)(5)(b) of this rule; and (ii) Prepared so they
remain intact. (6) Meat and poultry that
is not a ready-to-eat food and is in a packaged form when it is offered for
sale or otherwise offered for consumption, is to be labeled to include safe
handling instructions as specified in 9 C.F.R. 317.2(l) and 9 C.F.R.
381.125(b). (7) A food service
operation or retail food establishment that sells or serves horse meat as
defined in Chapter 919. of the Revised Code is to comply with all applicable
provisions of Chapter 919. of the Revised Code. (8) Eggs that have not
been specifically treated to destroy all viable Salmonellae are to be labeled
to include safe handling instructions as specified in 21 C.F.R.
101.17(h). (B) Food in a hermetically sealed
container - source. Food in a hermetically sealed container is to be
obtained from a food processing plant that is regulated by the food regulatory
agency that has jurisdiction over the plant. (C) Fluid milk and milk products -
source. Fluid milk and milk products are to be obtained
from sources that comply with grade A standards and manufactured milk standards
as specified in Chapter 917. of the Revised Code and the rules adopted
thereunder. (D) Fish - source. (1) Fish that are
received for sale or service are to be: (a) Commercially and legally caught or harvested; or (b) Approved for sale or service. (2) Molluscan shellfish
that are recreationally caught are not permitted to be received for sale or
service. (E) Molluscan shellfish -
source. (1) Molluscan shellfish
are to be obtained from sources according to the requirements specified in the
United States department of health and human services, public health service,
food and drug administration, national shellfish sanitation program guide for
the control of molluscan shellfish. (2) Molluscan shellfish
received in interstate commerce are to be from sources that are listed in the
interstate certified shellfish shippers list. (F) Wild mushrooms - source. (1) Except as specified
in paragraph (F)(2) of this rule, mushroom species picked in the wild are not
permitted for sale or service in a food service operation or retail food
establishment. (2) Paragraph (F)(1) of
this rule does not apply to: (a) Cultivated wild mushroom species that are grown,
harvested, and processed in an operation that is regulated by the food
regulatory agency that has jurisdiction over the operation; or (b) Wild mushroom species if they are in packaged form and
are the product of a food processing plant that is regulated by the food
regulatory agency that has jurisdiction over the plant. (G) Game animals. (1) Game animals that are
received for sale or service are to be: (a) Commercially raised for food; and: (i) Raised, slaughtered,
and processed under a voluntary inspection program that is conducted under
Chapter 918. of the Revised Code, 9 C.F.R. 352, or an equivalent program as
determined by the director of agriculture; or (ii) Under a routine
inspection program conducted by a regulatory agency other than the agency that
has animal health jurisdiction. (b) Under a voluntary inspection program administered by the USDA
for game animals such as exotic animals (reindeer, elk, deer, antelope, water
buffalo, or bison) that are "inspected and approved" in accordance
with 9 C.F.R. 352, or rabbits that are "inspected and certified" in
accordance with 9 C.F.R. 354 or Chapter 918. of the Revised Code. (2) Wild game animals are not to be
received for sale or service by a food service operation or retail food
establishment. (3) A game animal is not
permitted to be received for sale or service if it is a species of wildlife
that is listed in 50 C.F.R. 17. (H) Temperature - specifications for
receiving. (1) Refrigerated,
time/temperature controlled for safety food is to be received at a temperature
of forty-one degrees Fahrenheit (five degrees Celsius) or below. This provision
does not apply to raw eggs which are to be received in refrigerated equipment
that maintains an ambient air temperature of forty-five degrees Fahrenheit
(seven degrees Celsius) or less, milk which may be received at an internal
temperature of not more than forty-five degrees Fahrenheit (seven degrees
Celsius), or to any other time/temperature controlled for safety food for which
another temperature is specified by law governing its distribution, such as red
meat and molluscan shellfish. (2) Time/temperature
controlled for safety food that is cooked to a temperature and for a time
specified under paragraph (A), (B), (C), or (D) of rule 3717-1-03.3 of the
Administrative Code and received hot is to be received at a temperature of one
hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) or
above. (3) A food that is
labeled frozen and shipped frozen by a food processing plant is to be received
frozen. (4) Upon receipt,
time/temperature controlled for safety food is to be free of evidence of
previous temperature abuse. (I) Additives - specifications for
receiving. Food cannot contain unapproved food additives or
additives that exceed amounts specified in 21 C.F.R. 170-180 relating to food
additives, generally recognized as safe or prior sanctioned substances that
exceed amounts specified in 21 C.F.R. 181-186, substances that exceed amounts
specified in 9 C.F.R. 424.21(b), or pesticide residues that exceed provisions
specified in 40 C.F.R. 180. (J) Eggs - specifications for
receiving. Eggs are to be received clean and sound and not
exceed the restricted egg tolerances for United States consumer grade B as
specified in United States standards, grades, and weight classes for shell
eggs, AMS 56.200 et seq., (as amended on July 20, 2000) administered by the
agricultural marketing service of the USDA. (K) Eggs and milk products -
pasteurized. (1) Egg products are to
be obtained pasteurized. (2) Fluid and dry milk
and milk products are to: (a) Be obtained pasteurized; and (b) Comply with grade A or manufactured milk standards as
specified in Chapter 917. of the Revised Code and the rules adopted
thereunder. (3) Frozen milk products,
such as ice cream, are to be obtained pasteurized as specified in 21 C.F.R.
135. (4) Cheese is to be
obtained pasteurized unless alternative procedures to pasteurization are
specified in the C.F.R., such as 21 C.F.R. 133 for curing certain cheese
varieties. (L) Package integrity - specifications
for receiving. Food packages are to be in good condition and
protect the integrity of the contents so that the food is not exposed to
adulteration or potential contaminants. (M) Ice - specifications. Ice for use as a food or as a cooling medium is
to be made from drinking water. (N) Molluscan shellfish - packaging and
identification. (1) Molluscan shellfish
is to be obtained in nonreturnable packages which bear a legible tag or label
that identifies the: (a) Name, address, and certification number of the shucker-packer
or repacker of the molluscan shellfish; and (b) "Sell by" or "best if used by" date for
shucked shellfish packages with a capacity of less than one-half gallon (1.89
liter) or the date shucked for packages with a capacity of one-half gallon
(1.89 liter) or more. (2) When a two-tag
harvester or dealer system is used, the dealer is to meet the requirements
identified in paragraph (N)(1)(a) of this rule. (3) When both the dealer
and harvester tags appear on the container, the dealer's tag is not
obligated to duplicate the information on the harvester's
tag. (4) A container of raw molluscan
shellfish that does not bear a tag or label or which bears a tag or label which
does not contain all the information as specified under paragraph (N)(1) of
this rule is subject to embargo, as allowed by rules adopted pursuant to
section 3715.551 of the Revised Code, or seizure and destruction in accordance
with 21 C.F.R. 1240.60(d). (O) Shellstock identification -
specification for receiving. (1) Shellstock are to be
obtained in containers bearing legible source identification tags or labels
that are affixed by the harvester or dealer that depurates, ships, or reships
the shellstock, as specified in the national shellfish sanitation program guide
for the control of molluscan shellfish, and that list: (a) Except as specified under paragraph (O)(3) of this rule, on
the harvester's tag or label, the following information in the following
order: (i) The harvester's
identification number that is assigned by the shellfish control
authority; (ii) The date of
harvesting; (iii) The most precise
identification of the harvest location or aquaculture site that is practicable
based on the system of harvest area designations that is in use by the
shellfish control authority and including the abbreviation of the name of the
state or country in which the shellfish are harvested; (iv) The type and
quantity of shellfish; and (v) The following
statement in bold, capitalized type: "This tag is required to be attached
until container is empty or retagged and thereafter kept on file for ninety
days;" and (b) Except as specified in paragraph (O)(4) of this rule, on each
dealer's tag or label, the following information in the following
order: (i) The dealer's
name and address, and the certification number assigned by the shellfish
control authority; (ii) The original
shipper's certification number including the abbreviation of the name of
the state or country in which the shellfish are harvested; (iii) The same
information as specified for a harvester's tag under paragraphs
(O)(1)(a)(ii) to (O)(1)(a)(iv) of this rule; and (iv) The following
statement in bold, capitalized type: "This tag is required to be attached
until container is empty and thereafter kept on file for ninety
days." (2) A container of
shellstock that does not bear a tag or label or that bears a tag or label that
does not contain all the information as specified under paragraph (O)(1) of
this rule is subject to embargo, as allowed by rules adopted pursuant to
section 3715.551 of the Revised Code, or seizure, and destruction in accordance
with 21 C.F.R. 1240.60(d). (3) If a place is
provided on the harvester's tag or label for a dealer's name,
address, and certification number, the dealer's information is to be
listed first. (4) If the
harvester's tag or label is designed to accommodate each dealer's
identification as specified under paragraphs (O)(1)(b)(i) and (O)(1)(b)(ii) of
this rule, individual dealer tags or labels need not be provided. (P) Shellstock - condition upon
receipt. When received by a food service operation or
retail food establishment, shellstock are to be reasonably free of mud, dead
shellfish, and shellfish with broken shells. Dead shellfish or shellstock with
badly broken shells are to be discarded. (Q) Molluscan shellfish - original
container. (1) Molluscan shellfish
are not to be removed from the container in which they are received other than
immediately before sale or preparation for service except as provided in
paragraphs (Q)(2) to (Q)(5) of this rule. (2) Molluscan shellfish
from one tagged or labeled container will not be commingled with molluscan
shellfish from another container with different certification numbers,
different harvest dates, or different growing areas identified on the tag or
label before being ordered by the consumer. (3) For display purposes, shellstock or
in-shell product may be removed from the container in which they are received,
displayed on drained ice, or held in a display container, and a quantity
specified by a consumer may be removed from the display or display container
and provided to the consumer if: (a) The source of the shellstock or in-shell product on display
is identified as specified under paragraph (O) of this rule and recorded as
specified under paragraph (R) of this rule; and (b) The shellstock or in-shell product are protected from
contamination. (4) Shucked shellfish may be removed from
the container in which they were received and held in a display container from
which individual servings are dispensed upon a consumer's request
if: (a) The labeling information for the shellfish on display as
specified under paragraph (N) of this rule is retained and correlated to the
date when, or dates during which, the shellfish are sold or served;
and (b) The shellfish are protected from contamination. (5) Shucked shellfish may be removed from
the container in which they were received and repacked in consumer self service
containers if: (a) The labeling information for the shellfish is on each
consumer self service container as specified under paragraph (N) of this rule
and paragraphs (C)(1), (C)(2)(a) to (C)(2)(e) of rule 3717-1-03.5 of the
Administrative Code; (b) The labeling information as specified under paragraph (N) of
this rule is retained and correlated with the date when, or dates during which,
the shellfish are sold or served; (c) The labeling information and dates specified under paragraph
(Q)(5)(b) of this rule are maintained for ninety days; and (d) The shellfish are protected from contamination. (R) Molluscan shellfish - maintaining
identification. (1) Except as specified
under paragraph (R)(3)(b) of this rule, molluscan shellfish tags or labels are
to remain attached to the container in which the shellstock are received until
the container is empty. (2) The date when the
last molluscan shellfish from the container is sold or served is to be recorded
on the tag, label, or invoice. (3) The identity of the source of
molluscan shellfish that are sold or served is to be maintained by retaining
product tags, labels, or invoices for ninety calendar days from the date that
is recorded on the tag, label, or invoice, as specified under paragraph (R)(2)
of this rule, by: (a) Using an approved record keeping system that keeps the tags,
labels, or invoices in chronological order correlated to the date that is
recorded on the tag, label, or invoice, as specified under paragraph (R)(2) of
this rule; and (b) If shellstock, shucked shellfish, or in-shell product are
removed from their tagged or labeled container, the source identification will
be preserved by using a record keeping system as specified under paragraph
(R)(3)(a) of this rule. (S) Pre-packaged juice is
to: (1) Be obtained from a
processor with a HACCP system as specified in 21 C.F.R. 120; or (2) Be obtained
pasteurized or otherwise treated to attain a 5-log reduction of the most
resistant microorganism of public health significance as specified in 21 C.F.R.
120.24; or (3) Be obtained from a
food processing establishment defined in paragraph (B) of rule 901:3-23-01 of
the Administrative Code.
Last updated September 5, 2024 at 11:04 AM
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Rule 3717-1-03.2 | Food: protection from contamination after receiving.
Effective:
September 5, 2024
[Comment: For publication dates of the Code of
Federal Regulations (C.F.R.) referenced in this rule, see paragraph (B)(15)(b)
of rule 3717-1-01 of the Administrative Code.] (A) Preventing contamination from
hands. (1) Food employees are to
wash their hands as specified under paragraph (B) of rule 3717-1-02.2 of the
Administrative Code. (2) Except when washing
fruits and vegetables as specified under paragraph (G) of this rule or as
specified in paragraph (A)(4) of this rule, food employees cannot contact
exposed, ready-to-eat food with their bare hands and are to use suitable
utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing
equipment. (3) Paragraph (A)(2) of
this rule does not apply to a food employee that contacts exposed, ready-to-eat
food with bare hands at the time the ready-to-eat food is being added as an
ingredient to a food that: (a) Contains a raw animal food and is to be cooked in the food
service operation or retail food establishment to heat all parts of the food to
the minimum temperatures specified in paragraphs (A)(1), (A)(4) and (B) of rule
3717-1-03.3 of the Administrative Code; or (b) Does not contain a raw animal food but is to be cooked in the
food service operation or retail food establishment to heat all parts of the
food to a temperature of at least one hundred forty-five degrees Fahrenheit
(sixty-three degrees Celsius). (4) Food employees not serving a highly
susceptible population, may contact exposed ready-to-eat food with their bare
hands if: (a) The license holder obtains prior approval from the
licensor; (b) Written procedures are maintained in the food service
operation or retail food establishment and made available to the licensor upon
request that include: (i) For each bare hand
contact procedure, a listing of the specific ready-to-eat foods that are
touched by bare hands; (ii) Diagrams and other
information showing that handwashing facilities, installed, located, equipped,
and maintained as specified under paragraphs (G), (L), and (O) of rule
3717-1-05.1 of the Administrative Code, and paragraphs (B), (C), and (E) of
rule 3717-1-06.2 of the Administrative Code are in an easily accessible
location and in close proximity to the work station where the bare hand contact
procedure is conducted. (c) A written employee health policy that details how the food
service operation or retail food establishment complies with rule 3717-1-02.1
of the Administrative Code including: (i) Documentation that
food employees and conditional employees acknowledge that they are informed to
report information about their health as it relates to gastrointestinal
symptoms and diseases that are transmittable through food as specified under
paragraph (A) of rule 3717-1-02.1 of the Administrative Code; (ii) Documentation that
food employees and conditional employees acknowledge their responsibilities as
specified under paragraph (A) of rule 3717-1-02.1 of the Administrative Code;
and (iii) Documentation that
the person in charge acknowledges the responsibilities as specified under
paragraphs (B), (C), (D), and (E) of rule 3717-1-02.1 of the Administrative
Code. (d) Documentation that food employees acknowledge that they have
received training in: (i) The risks of
contacting the specific ready-to-eat foods with bare hands; (ii) Proper handwashing
as specified under paragraph (B) of rule 3717-1-02.2 of the Administrative
Code; (iii) When to wash their
hands as specified under paragraph (C) of rule 3717-1-02.2 of the
Administrative Code; (iv) Where to wash their
hands as specified under paragraph (D) of rule 3717-1-02.2 of the
Administrative Code; (v) Proper fingernail
maintenance as specified under paragraph (F) of rule 3717-1-02.2 of the
Administrative Code; (vi) Limitation of
jewelry as specified under paragraph (G) of rule 3717-1-02.2 of the
Administrative Code; and (vii) Good hygienic
practices as specified under paragraphs (A) and (B) of rule 3717-1-02.3 of the
Administrative Code. (e) Documentation that hands are washed before food preparation
and as necessary to prevent cross contamination by food employees as specified
under paragraphs (A), (B), (C), and (D) of rule 3717-1-02.2 of the
Administrative Code during all hours of operation when the specific
ready-to-eat foods are prepared; (f) Documentation that food employees contacting ready-to-eat
food with bare hands use two or more of the following control measures to
provide additional safeguards to hazards associated with bare hand
contact: (i) Double
handwashing; (ii) Nail
brushes; (iii) A hand antiseptic after handwashing as specified under
paragraph (E) of rule 3717-1-02.2 of the Administrative Code; (iv) Incentive programs such as paid sick leave that assist or
encourage food employees not to work when they are ill; or (v) Other control measures approved by the licensor;
and (g) Documentation that corrective action is taken when paragraphs
(A)(4)(a) to (A)(4)(f) of this rule are not followed. (5) Food employees are to minimize bare
hand and arm contact with exposed food that is not in a ready-to-eat
form. (B) Preventing contamination when
tasting. A utensil is not to be used more than once to
taste food that is to be sold or served. (C) Packaged and unpackaged food -
preventing contamination by separation, packaging, and
segregation. (1) Food is to be
protected from cross contamination by: (a) Except as specified in paragraph (C)(1)(a)(iv) of this rule,
separating raw animal foods during storage, preparation, holding, and display
from: (i) Raw ready-to-eat food including other raw animal food such as
fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as
fruits and vegetables; (ii) Cooked ready-to-eat food; (iii) Fruits and
vegetables before they are washed; and (iv) Frozen, commercially processed and packaged raw animal
food may be stored or displayed with or above frozen, commercially processed
and packaged, ready-to-eat food. (b) Except when combined as ingredients, separating types of raw
animal foods from each other such as beef, fish, lamb, pork, and poultry during
storage, preparation, holding, and display by: (i) Using separate equipment for each type; or (ii) Arranging each type of food in equipment so that cross
contamination of one type with another is prevented; and (iii) Preparing each type of food at different times or in separate
areas. (c) Cleaning equipment and utensils as specified under paragraph
(B)(1) of rule 3717-1-04.5 of the Administrative Code and sanitizing as
specified under paragraph (C) of rule 3717-1-04.6 of the Administrative
Code; (d) Cleaning hermetically sealed containers of food of visible
soil before opening; (e) Protecting food containers that are received packaged
together in a case or overwrap from cuts when the case or overwrap is
opened; (f) Storing damaged, spoiled, or recalled food being held in the
food service operation or retail food establishment as specified under
paragraph (D) of rule 3717-1-06.3 of the Administrative Code; (g) Separating fruits and vegetables, before they are washed as
specified under paragraph (G) of this rule from ready-to-eat food. (h) Storing the food in packages, covered containers, or
wrappings. This provision does not apply to: (i) Whole, uncut, raw fruits and vegetables and nuts in the
shell, that need peeling or hulling before consumption; (ii) Primal cuts, quarters, or sides of raw meat or slab
bacon that are hung on clean, sanitized hooks or placed on clean, sanitized
racks; (iii) Whole, uncut, processed meats such as country hams, and
smoked or cured sausages that are placed on clean, sanitized
racks; (iv) Food being cooled as specified under paragraph
(E)(2)(b) of rule 3717-1-03.4 of the Administrative Code; or (v) Shellstock. (D) Food storage containers - identified
with common name of food. Except for containers holding food that can be
readily and unmistakably recognized such as dry pasta, working containers
holding food or food ingredients that are removed from their original packages
for use in a food service operation or retail food establishment, such as
cooking oils, flour, herbs, potato flakes, salt, spices, and sugar are to be
identified with the common name of the food. (E) Pasteurized eggs - substitute for raw
eggs for certain recipes. Pasteurized eggs or egg products are to be
substituted for raw eggs in the preparation of foods such as Caesar salad,
hollandaise or Bearnaise sauce, mayonnaise, meringue, eggnog, ice cream, and
egg-fortified beverages that are not: (1) Cooked as specified
under paragraph (A)(1)(a) or (A)(1)(b) of rule 3717-1-03.3 of the
Administrative Code; or (2) Included in paragraph
(A)(3) of rule 3717-1-03.3 of the Administrative Code. (F) Protection from unapproved
additives. (1) Food is to be
protected from contamination that may result from the addition of, as specified
in paragraph (I) of rule 3717-1-03.1 of the Administrative Code: (a) Unsafe or unapproved food or color additives;
and (b) Unsafe or unapproved levels of approved food and color
additives. (2) A food employee
cannot: (a) Apply sulfiting agents to fresh fruits or vegetables intended
for raw consumption or to a food considered to be a good source of vitamin
B1; or (b) Except for grapes, serve or sell food specified under
paragraph (F)(2)(a) of this rule that is treated with sulfiting agents before
receipt by the food service operation or retail food
establishment. (G) Washing fruits and
vegetables. Raw fruits and vegetables are to be thoroughly
washed in water to remove soil and other contaminants before being cut,
combined with other ingredients, cooked, served, or offered for human
consumption in ready-to-eat form except: (1) Fruits and vegetables
may be washed by using chemicals as specified under paragraph (F) of rule
3717-1-07.1 of the Administrative Code and a test kit or other device that
accurately measures the active ingredient concentration of the fruit and
vegetable wash solution will be provided. (2) Whole, raw fruits and
vegetables that are intended for washing by the consumer before consumption
need not be washed before they are sold. (3) Devices used for
on-site generation of chemicals meeting the requirements specified in 21 C.F.R.
173.315, for the washing of raw, whole fruits and vegetables are to be used in
accordance with the manufacturer's instructions. (H) Ice used as exterior coolant - not
permitted as ingredient. After use as a medium for cooling the exterior
surfaces of food such as melons or fish, packaged foods such as canned
beverages, or cooling coils and tubes of equipment, ice is not to be used as
food. (I) Storage or display of food in contact
with water or ice. (1) Packaged food cannot
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, or container
or its positioning in the ice or water. (2) Unpackaged food
cannot be stored in direct contact with undrained ice, except
that: (a) Whole, raw fruits or vegetables; cut, raw vegetables such as
celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or
water; or (b) Raw poultry and raw fish that are received immersed in ice in
shipping containers may remain in that condition while in storage awaiting
preparation, display, service, or sale. (J) Food contact with equipment and
utensils. Food may only contact the surfaces of: (1) Equipment and
utensils that are cleaned as specified under rule 3717-1-04.5 of the
Administrative Code and sanitized as specified under rule 3717-1-04.6 of the
Administrative Code; or (2) Single-service and
single-use articles; or (3) Linens, such as cloth
napkins, as specified under paragraph (L) of this rule that are laundered as
specified under rule 3717-1-04.7 of the Administrative Code. (K) In-use utensils - between-use
storage. During pauses in food preparation or dispensing,
food preparation and dispensing utensils are to be stored: (1) Except as specified
under paragraphs (K)(2) and (K)(3) of this rule, in the food with their handles
above the top of the food and the container; (2) In any manner within
a food ingredient, provided the entire ingredient batch undergoes further
cooking as specified in rule 3717-1-03.3 of the Administrative Code, and the
utensil is cleaned and sanitized at a frequency specified under paragraphs (A)
and (B) of rule 3717-1-04.5 of the Administrative Code and paragraph (B) of
rule 3717-1-04.6 of the Administrative Code; (3) In food that is not time/temperature
controlled for safety with their handles above the top of the food within
containers or equipment that can be closed, such as bins of sugar, or
cinnamon; (4) On a clean portion of the food
preparation table or cooking equipment only if the in-use utensil and the
food-contact surface of the food preparation table or cooking equipment are
cleaned and sanitized at a frequency specified under paragraphs (A) and (B) of
rule 3717-1-04.5 of the Administrative Code and paragraph (B) of rule
3717-1-04.6 of the Administrative Code; (5) In running water of sufficient
velocity to flush particulates to the drain, if used with moist food such as
ice cream or mashed potatoes; (6) In a clean, protected location if the
utensils, such as ice scoops, are used only with a food that is not
time/temperature controlled for safety; or (7) In a container of water if the water
is maintained at a temperature of at least one hundred thirty-five degrees
Fahrenheit (fifty-seven degrees Celsius) and the container is cleaned at a
frequency specified under paragraph (B)(4)(g) of rule 3717-1-04.5 of the
Administrative Code. (L) Linens and napkins - use
limitation. Linens, such as cloth napkins, cannot be used in
contact with food unless they are used in the dough raising process or to line
a container for the service of foods and the linens and napkins are replaced
each time the container is refilled for a new consumer. (M) Wiping cloths - use
limitation. (1) Cloths that are in
use for wiping food spills from tableware and carry-out containers that occur
as food is being served are to be: (a) Maintained dry; and (b) Used for no other purpose. (2) Cloths that are in
use for wiping counters and other equipment surfaces are to be: (a) Held between uses in a chemical sanitizer solution at a
concentration specified under paragraph (N) of rule 3717-1-04.4 of the
Administrative Code; and (b) Laundered daily as specified under paragraph (B)(4) of rule
3717-1-04.7 of the Administrative Code. (3) Cloths that are in
use for wiping surfaces in contact with raw animal foods are to be kept
separate from cloths used for other purposes. (4) Dry wiping cloths and
the chemical sanitizing solutions specified in paragraph (M)(2)(a) of this rule
in which wet wiping cloths are held between uses are to be free of food debris
and visible soil. (5) Containers of
chemical sanitizing solutions specified in paragraph (M)(2)(a) of this rule in
which wet wiping cloths are held between uses are to be stored off the floor
and used in a manner that prevents contamination of food, equipment, utensils,
linens, single-service articles, or single-use articles. (6) Single-use disposable
sanitizer wipes are to be used in accordance with EPA - approved
manufacturer's label use instructions. (N) Gloves - use limitation. (1) If used, single-use
gloves are only to be used for one task such as working with ready-to-eat food
or with raw animal food, used for no other purpose, and discarded when damaged
or soiled, or when interruptions occur in the operation. (2) Except as specified
in paragraph (N)(3) of this rule, slash-resistant gloves that are used to
protect the hands when cutting are only to be used in direct contact with food
that is subsequently cooked as specified under rule 3717-1-03.3 of the
Administrative Code such as frozen food or a primal cut of meat. (3) Slash-resistant
gloves may be used with ready-to-eat food that will not be subsequently cooked
if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer
surface; or if the slash-resistant gloves are covered with a smooth, durable,
nonabsorbent glove, or a single-use glove. (4) Cloth gloves cannot be used in direct
contact with food unless the food is subsequently cooked as specified under
rule 3717-1-03.3 of the Administrative Code such as frozen food or a primal cut
of meat. (5) The use of latex gloves is not
permitted in food service operations and retail food establishments. Types of
non-latex gloves that are permitted for use in food service operations and
retail food establishments include but are not limited to nitrile,
polyethylene, and vinyl. (O) Using clean tableware for second
portions and refills. (1) Except for refilling
a consumer's drinking cup or container without contact between the pouring
utensil and the lip-contact area of the drinking cup or container, food
employees cannot use tableware, including single-service articles, soiled by
the consumer, to provide second portions or refills. (2) Self-service
consumers are not allowed to use soiled tableware, including single-service
articles, to obtain additional food from the display and serving equipment;
except that drinking cups and containers may be reused by self-service
consumers if refilling is a contamination-free process as specified under
paragraphs (Q)(1), (Q)(2), and (Q)(4) of rule 3717-1-04.1 of the Administrative
Code. (P) Refilling returnables. (1) Except as specified
in paragraphs (P)(2) to (P)(5) of this rule, empty containers returned to a
food service operation or retail food establishment for cleaning and refilling
with food are to be cleaned and refilled in a regulated food processing
plant. (2) A take-home food
container returned to a food service operation or a retail food establishment
may be refilled at a food service operation or a retail food establishment with
food if the food container is: (a) Designed and constructed for reuse and in accordance with the
requirements specified under rule 3717-1-04 and 3717-1-04.1 of the
Administrative Code; (b) One that was initially provided by the food service operation
or retail food establishment to the consumer, either empty or filled with food
by the food service operation or retail food establishment, for the purpose of
being returned for reuse; (c) Returned to the food service operation or retail food
establishment by the consumer after use; (d) Subject to the following steps before being refilled with
food: (i) Cleaned as specified
under rule 3717-1-04.5 of the Administrative Code; (ii) Sanitized as
specified under rule 3717-1-04.6 of the Administrative Code; and (iii) Visually inspected
by a food employee to verify that the container, as returned, meets the
requirements specified under rules 3717-1-04 and 3717-1-04.1 of the
Administrative Code. (3) A take-home food
container returned to a food service operation or retail food establishment may
be refilled at a food service operation or retail food establishment with
beverage if: (a) The beverage is not a time/temperature controlled for safety
food; (b) The design of the container and of the rinsing equipment and
the nature of the beverage, when considered together, allow effective cleaning
at home or in the food service operation or retail food
establishment; (c) Facilities for rinsing before refilling returned containers
with fresh, hot water that is under pressure and not recirculated are provided
as part of the dispensing system; (d) The consumer-owned container returned to the food service
operation or retail food establishment for refilling is refilled for sale or
service only to the same consumer; and (e) The container is refilled by: (i) An employee of the
food service operation or retail food establishment; or (ii) The owner of the
container if the beverage system includes a contamination-free transfer process
as specified under paragraphs (Q)(1), (Q)(2) and (Q)(4) of rule 3717-1-04.1 the
Administrative Code that cannot be bypassed by the owner of the
container. (4) Consumer-owned,
personal take-out beverage containers, such as thermally insulated bottles,
nonspill coffee cups, and promotional beverage glasses, may be refilled by
employees or the consumer if refilling is a contamination-free process as
specified under paragraphs (Q)(1), (Q)(2), and (Q)(4) of rule 3717-1-04.1 of
the Administrative Code. (5) Consumer-owner
containers that are not food-specific may be filled at a water vending machine,
bulk water machine or system. (Q) Food storage - preventing
contamination from the premises. (1) Except as hereinafter
provided in this rule, food is to be protected from contamination by storing
the food: (a) In a clean, dry location; (b) Where it is not exposed to splash, dust, or other
contamination; and (c) At least six inches (fifteen centimeters) above the
floor. (2) Food in packages and
working containers may be stored less than six inches (fifteen centimeters)
above the floor on case lot handling equipment as specified under paragraph
(JJ) of rule 3717-1-04.1 of the Administrative Code; and pressurized beverage
containers, cased food in waterproof containers such as bottles or cans, and
milk containers in plastic crates may be stored on a floor that is clean and
not exposed to floor moisture. (R) Food storage - excluded
locations. Food is not permitted to be stored: (1) In locker
rooms; (2) In toilet
rooms; (3) In dressing
rooms; (4) In garbage
rooms; (5) In mechanical
rooms; (6) Under sewer lines
that are not shielded to intercept potential drips; (7) Under leaking water
lines, including leaking automatic fire sprinkler heads, or under lines on
which water has condensed; (8) Under open
stairwells; or (9) Under other sources
of contamination. (S) Vended time/temperature controlled
for safety food - original container. Time/temperature controlled for safety food
dispensed through a vending machine is to be in the package in which it was
placed at the food service operation, retail food establishment, or food
processing plant at which it was prepared. (T) Food preparation - preventing
contamination from the premises. During preparation, unpackaged food is to be
protected from environmental sources of contamination. (U) Food display - preventing
contamination by consumers. Except for nuts in the shell and whole, raw
fruits and vegetables that are intended for hulling, peeling, cooking, or
washing by the consumer before consumption, food on display is to be protected
from contamination by the use of packaging; counter, service line, or salad bar
food guards; display cases; or other effective means. (V) Condiments - protection. (1) Condiments are to be
protected from contamination by being kept in dispensers that are designed to
provide protection, protected food displays provided with the proper utensils,
original containers designed for dispensing, or individual packages or
portions. (2) Condiments at a
vending machine location are to be in individual packages or provided in
dispensers that are filled at an approved location, such as the food service
operation or retail food establishment that provides food to the vending
machine location on its premises, a food processing plant, or a properly
equipped facility that is located on the site of the vending machine
location. (W) Consumer self-service
operations. (1) Raw, unpackaged
animal food, such as beef, lamb, pork, poultry, and fish cannot be offered for
consumer self-service. This paragraph does not apply to: (a) Consumer self-service of ready-to-eat foods at buffets or
salad bars that serve foods such as sushi or raw shellfish; (b) Ready-to-cook individual portions for immediate cooking and
consumption on the premises such as consumer-cooked meats or consumer-selected
ingredients for Mongolian barbecue; or (c) Raw, frozen, shell-on shrimp, or lobster. (2) Consumer self-service
operations for ready-to-eat foods are to be provided with suitable utensils or
effective dispensing methods that protect the food from
contamination. (3) Consumer self-service
operations such as buffets and salad bars are to be monitored by food employees
trained in safe operating procedures. (X) Returned food and re-service of
food. After being served or sold and in the possession
of a consumer, food that is unused or returned by the consumer cannot be
offered as food for human consumption; except a container of food that is not
time/temperature controlled for safety may be re-served from one consumer to
another if: (1) The population served
is not as specified in paragraphs (F)(1) and (F)(2) of rule 3717-1-03.7 of the
Administrative Code; and (2) The food is dispensed so that it is
protected from contamination and the container is closed between uses, such as
a narrow-neck bottle containing catsup, steak sauce, or wine; or (3) The food, such as crackers, salt, or
pepper, is in an unopened original package and is maintained in sound
condition. (Y) Miscellaneous sources of
contamination. Food is to be protected from contamination that
may result from a factor or source not specified under paragraphs (A) to (X) of
this rule.
Last updated September 5, 2024 at 11:04 AM
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Rule 3717-1-03.3 | Food: destruction of organisms of public health concern.
Effective:
September 5, 2024
(A) Raw animal foods - cooking. (1) Except as provided under paragraphs (A)(2), (A)(3), and (A)(4) of this rule, raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods, are to be cooked to heat all parts of the food to a temperature and for a time that complies with one of the following methods based on the food that is being cooked: (a) One-hundred forty-five degrees Fahrenheit (sixty-three degrees Celsius) or above for fifteen seconds for: (i) Raw eggs that are broken and prepared in response to a consumer's order and for immediate service; and (ii) Except as specified under paragraphs (A)(1)(b), (A)(1)(c), (A)(2) and (A)(4) of this rule, fish and intact meat including game animals commercially raised for food as specified under paragraph (G)(1)(a) of rule 3717-1-03.1 of the Administrative Code and game animals under a voluntary inspection program as specified under paragraph (G)(1)(b) of rule 3717-1-03.1 of the Administrative Code. (b) One-hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius) for seventeen seconds or the temperature specified in the following chart that corresponds to the holding time for ratites and nonintact meats; the following if they are comminuted: fish and game animals commercially raised for food as specified under paragraph (G)(1)(a) of rule 3717-1-03.1 of the Administrative Code; and game animals under a voluntary inspection program as specified under paragraph (G)(1)(b) of rule 3717-1-03.1 of the Administrative Code; and raw eggs that are not prepared as specified under paragraph (A)(1)(a)(i) of this rule: | Minimum Temperature F (C) | Minimum Time | | 145 (63) | 3 minutes | | 150 (66) | 1 minute | | 158 (70) | < 1 second (instantaneous) |
; or (c) One-hundred sixty-five degrees Fahrenheit (seventy-four degrees Celsius) or above for less than one second (instantaneous) for poultry, baluts, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish, meat, poultry, or ratites. (2) A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if: (a) The food service operation or retail food establishment serves a population that is not a highly susceptible population; (b) The steak is prepared so that it remains intact; and (c) The steak is cooked on both the top and bottom to a surface temperature of one hundred forty-five degrees Fahrenheit (sixty-three degrees Celsius) or above and a cooked color change is achieved on all external surfaces. (3) A raw animal food such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartare; or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in paragraph (A)(2) of this rule, may be served or offered for sale upon consumer request or selection in a ready-to-eat form if: (a) As specified under paragraphs (C)(1) and (C)(2) of rule 3717-1-03.7 of the Administrative Code, the food service operation or retail food establishment serves a population that is not a highly susceptible population; (b) The consumer is informed as specified under paragraph (E) of rule 3717-1-03.5 of the Administrative Code that to ensure its safety, the food should be cooked as specified under paragraph (A)(1)(a), (A)(1)(b), (A)(1)(c), or (A)(4) of this rule; or (c) The Ohio department of agriculture or the Ohio department of health grants a variance from the requirements of paragraph (A)(1)(a), (A)(1)(b), (A)(1)(c), or (A)(4) of this rule based on a HACCP plan that: (i) Is submitted by the license holder and approved by the Ohio department of agriculture or the Ohio department of health as applicable; (ii) Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe food; and (iii) Verifies that equipment and procedures for food preparation and training of food employees at the food service operation or retail food establishment meet the conditions of the variance. (4) Whole meat roasts including beef, corned beef, lamb, pork, and cured pork roasts such as ham are to be cooked: (a) As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature: | Temperature F(C) | Time in Minutes | Temperature F (C) | Time in Seconds | | 130 (54.4) | 112 | 147 (63.9) | 134 | | 131 (55) | 89 | 149 (65) | 85 | | 133 (56.1) | 56 | 151 (66.1) | 54 | | 135 (57.2) | 36 | 153 (67.2) | 34 | | 136 (57.8) | 28 | 155 (68.3) | 22 | | 138 (58.9) | 18 | 157 (69.4) | 14 | | 140 (60) | 12 | 158 (70 | 0 | | 142 (61.1) | 8 | | | | 144 (62.2) | 5 | | | | 145 (62.8) | 4 | | | | Holding time may include post-oven heat rise | | |
(b) If cooked in an oven, use an oven that is preheated to the temperature specified for the roast's weight in the following chart and that is held at that temperature: | Oven Temperature Based on Roast Weight | | Oven Type | Less than 10 lbs (4.5 kg) | 10 lbs (4.5 kg) or more | | Still Dry | 350F (177C) or more | 250F (121C) or more | | Convection | 325F (163C) or more | 250F (121C) or more | | High humidity 1 | 250F (121C) or less | 250F (121C) or less | | 1Relative humidity greater than ninety per cent for at least one hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides one hundred per cent humidity. |
(c) Using acceptable Ohio department of agriculture methods under Chapter 918. of the Revised Code or USDA methods as permitted through a variance granted by the Ohio department of health or the Ohio department of agriculture, as applicable. (B) Microwave cooking. Raw animal foods cooked in a microwave oven are to be: (1) Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat; (2) Covered to retain surface moisture; (3) Heated to a temperature of at least one hundred sixty-five degrees Fahrenheit (seventy-four degrees Celsius) in all parts of the food; and (4) Allowed to stand covered for two minutes after cooking to obtain temperature equilibrium. (C) Plant food cooking for hot holding. Plant foods that are cooked for hot holding are to be cooked to a temperature of one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius). (D) Raw animal foods that are cooked using a non-continuous cooking process are to be: (1) Subject to an initial heating process that is no longer than sixty minutes in duration; (2) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked time/temperature controlled for safety food under paragraph (D)(1) of rule 3717-1-03.4 of the Administrative Code; (3) After cooling, held frozen or cold, as specified for time/temperature controlled for safety food under paragraph (F)(1)(b) of rule 3717-1-03.4 of the Administrative Code; (4) Prior to sale or service, cooked using a process that heats all parts of the food to a temperature and for a time as specifed under paragraphs (A)(1), (A)(2) and (A)(4) of this rule; (5) Cooled according to the time and temperature parameters specified for cooked time/temperature controlled for safety food under paragraph (E)(1) of rule 3717-1-03.4 of the Administrative Code if not either hot held as specified under paragraph (F)(1) of rule 3717-1-03.4 of the Administrative Code, served immediately, or held using time as a public health control as specified under paragraph (I) of rule 3717-1-03.4 of the Administrative Code after complete cooking; and (6) Prepared and stored according to written procedures that: (a) Have obtained prior approval from the licensor; (b) Are maintained in the food service operation or retail food establishment and are available to the licensor upon request; (c) Describe how the requirements specified under paragraphs (D)(1) to (D)(5) of this rule are to be monitored and documented by the license holder and the corrective actions to be taken if the requirements are not met; (d) Describe how the foods, after initial heating, but prior to complete cooking, will be marked or otherwise identified as foods that are to be cooked as specified under paragraph (D)(4) of this rule prior to being offered for sale or service; and (e) Describe how the foods, after initial heating but prior to cooking as specified under paragraph (D)(4) of this rule, are to be separated from ready-to-eat foods as specified under paragraph (C) of rule 3717-1-03.2 of the Administrative Code. (E) Manufacturer cooking instructions. (1) Commercially packaged food that bears a manufacturer's cooking instructions will be cooked according to those instructions before use in ready-to-eat foods or offered in unpackaged form for human consumption, unless the manufacturer's instructions specify that the food may be consumed without cooking. (2) Food for which the manufacturer has provided information that it has not been processed to control pathogens, when used in ready-to-eat foods or offered for human consumption, will be cooked according to a time and temperature appropriate for the food. (F) Parasite destruction - freezing. (1) Except as specified in paragraph (F)(2) of this rule, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish are to be: (a) Frozen and stored at a temperature of minus four degrees Fahrenheit (minus twenty degrees Celsius) or below for a minimum of one hundred sixty-eight hours (seven days) in a freezer; (b) Frozen at minus thirty-one degrees Fahrenheit (minus thirty-five degrees Celsius) or below until solid and stored at minus thirty-one degrees Fahrenheit (minus thirty-five degrees Celsius) or below for a minimum of fifteen hours; or (c) Frozen at minus thirty-one degrees Fahrenheit (minus thirty-five degrees Celsius) or below until solid and stored at minus four degrees Fahrenheit (minus twenty degrees Celsius) or below for a minimum of twenty-four hours. (2) The provisions in paragraph (F)(1) of this rule do not apply to: (a) Molluscan shellfish; (b) A scallop product consisting only of the shucked adductor muscle; (c) Tuna of the species Thunnus alalunga, Thunnus albacares (yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (bluefin tuna, southern), Thunnus obesus (bigeye tuna), or Thunnus thynnus (bluefin tuna, northern); or (d) Aquacultured fish, such as salmon, that: (i) If raised in open water, are raised in net-pens; or (ii) Are raised in land-based operations such as ponds or tanks; and (iii) Are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish. (e) Fish eggs that have been removed from the skein and rinsed. (G) Records, creation and retention - freezing. (1) Except as specified in paragraph (F)(2) of this rule, if raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge is obligated to record the freezing temperature and time to which the fish are subjected and retain the records at the food service operation or retail food establishment for ninety calendar days beyond the time of service or sale of the fish. If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under paragraph (F)(1) of this rule may substitute for the records mandated by this paragraph. (2) If raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, and the fish are raised and fed as specified in paragraph (F)(2)(d) of this rule, a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified in paragraph (F)(2)(d) of this rule is to be obtained by the person in charge and retained in the records of the food service operation or retail food establishment for ninety calendar days beyond the time of service or sale of the fish. (H) Preparation for immediate service - reheating. Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature. (I) Reheating for hot holding. (1) Except as specified under paragraphs (I)(2) and (I)(3) of this rule, time/temperature controlled for safety food that is cooked, cooled, and reheated for hot holding is to be reheated so that all parts of the food reach a temperature of at least one hundred sixty-five degrees Fahrenheit (seventy-four degrees Celsius) for fifteen seconds. Remaining unsliced portions of meat roasts that are cooked as specified under paragraph (A)(4) of this rule may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified under that paragraph. (2) Except as specified under paragraph (I)(3) of this rule, time/temperature controlled for safety food reheated in a microwave oven for hot holding is to be reheated so that all parts of the food reach a temperature of at least one hundred sixty-five degrees Fahrenheit (seventy-four degrees Celsius) and the food is rotated or stirred, covered, and allowed to stand covered for two minutes after reheating. (3) Ready-to-eat time/temperature controlled for safety food that has been commercially processed and packaged in a food processing plant that is inspected by the regulatory authority that has jurisdiction over the plant, is to be heated to a temperature of at least one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) when being reheated for hot holding. (4) Reheating for hot holding as specified under paragraphs (I)(1), (I)(2) and (I)(3) of this rule is to be done rapidly and the time the food is between forty-one degrees Fahrenheit (five degrees Celsius) and the temperatures specified under paragraphs (I)(1), (I)(2), and (I)(3) of this rule cannot exceed two hours.
Last updated September 6, 2024 at 11:41 AM
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Rule 3717-1-03.4 | Food: limitation of growth of organisms of public health concern.
Effective:
September 5, 2024
[Comment: For publication dates of the C.F.R.
referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the
Administrative Code.] (A) Frozen food - temperature and time
control. Stored frozen foods are to be maintained
frozen. (B) Time/temperature controlled for
safety food - slacking. Frozen time/temperature controlled for safety
food that is slacked to moderate the temperature is to be held: (1) Under refrigeration
that maintains the food temperature at forty-one degrees Fahrenheit (five
degrees Celsius) or less; or (2) At any temperature if
the food remains frozen. (C) Thawing - temperature and time
control. Except as specified in paragraph (C)(4) of this
rule, time/temperature controlled for safety food is to be thawed: (1) Under refrigeration
that maintains the food temperature at forty-one degrees Fahrenheit (five
degrees Celsius) or less; or (2) Completely submerged
under running water: (a) At a water temperature of seventy degrees Fahrenheit
(twenty-one degrees Celsius) or below; (b) With sufficient water velocity to agitate and float off loose
particles in an overflow; and (c) For a period of time that does not allow thawed portions of
ready-to-eat food to rise above forty-one degrees Fahrenheit (five degrees
Celsius); or (d) For a period of time that does not allow thawed portions of a
raw animal food subject to cooking requirements specified under paragraph
(A)(1) or (A)(4) of rule 3717-1-03.3 of the Administrative Code to be above
forty-one degrees Fahrenheit (five degrees Celsius), for more than four hours
including: (i) The time the food is
exposed to the running water and the time needed for preparation for cooking;
or (ii) The time it takes
under refrigeration to lower the food temperature to forty-one degrees
Fahrenheit (five degrees Celsius). (3) As part of a cooking
process if the food that is frozen is: (a) Cooked as specified under paragraph (A)(1) or (A)(4) of rule
3717-1-03.3 of the Administrative Code, paragraph (B) of rule 3717-1-03.3 of
the Administrative Code, or paragraph (E) of rule 3717-1-03.3 of the
Administrative Code; or (b) Thawed in a microwave oven and immediately transferred to
conventional cooking equipment, with no interruption in the process;
or (4) Using any procedure
if a portion of frozen ready-to-eat food is thawed and prepared for immediate
service in response to an individual consumer's order. (5) Reduced oxygen
packaged fish that bears a label indicating that it is to be kept frozen until
time of use is to be removed from the reduced oxygen environment: (a) Prior to its thawing under refrigeration as specified in
paragraph (C)(1) of this rule; or (b) Prior to, or immediately upon completion of its thawing,
using procedures specified in paragraph (C)(2) of this rule. (D) Cooling - temperature and time
control. (1) Cooked
time/temperature controlled for safety food is to be cooled: (a) Within two hours from one hundred thirty-five degrees
Fahrenheit (fifty-seven degrees Celsius) to seventy degrees Fahrenheit
(twenty-one degrees Celsius); and (b) Within a total of six hours from one hundred thirty-five
degrees Fahrenheit (fifty-seven degrees Celsius) to forty-one degrees
Fahrenheit (five degrees Celsius) or less. (2) Time/temperature
controlled for safety food is to be cooled within four hours to forty-one
degrees Fahrenheit (five degrees Celsius) or less if prepared from ingredients
at ambient temperature, such as reconstituted foods and canned
tuna. (3) Except as specified
under paragraph (D)(4) of this rule, a time/temperature controlled for safety
food received in compliance with laws allowing a temperature above forty-one
degrees Fahrenheit (five degrees Celsius) during shipment from the supplier as
specified in paragraph (H)(1) of rule 3717-1-03.1 of the Administrative Code,
is to be cooled within four hours to forty-one degrees Fahrenheit (five degrees
Celsius) or less. (4) Raw eggs are to be
received as specified under paragraph (H)(1) of rule 3717-1-03.1 of the
Administrative Code and immediately placed in refrigerated equipment that
maintains an ambient air temperature of forty-five degrees Fahrenheit (seven
degrees Celsius) or less. (E) Cooling methods - temperature and
time control. (1) Cooling is to be
accomplished in accordance with the time and temperature criteria specified
under paragraph (D) of this rule by using one or more of the following methods
based on the type of food being cooled: (a) Placing the food in shallow pans; (b) Separating the food into smaller or thinner
portions; (c) Using rapid cooling equipment; (d) Stirring the food in a container placed in an ice water
bath; (e) Using containers that facilitate heat transfer; (f) Adding ice as an ingredient; or (g) Other effective methods. (2) When placed in
cooling or cold holding equipment, food containers in which food is being
cooled are to be: (a) Arranged in the equipment to provide maximum heat transfer
through the container walls; and (b) Loosely covered, or uncovered if protected from overhead
contamination as specified under paragraph (Q)(2) of rule 3717-1-03.2 of the
Administrative Code, during the cooling period to facilitate heat transfer from
the surface of the food. (F) Time/temperature controlled for
safety food - hot and cold holding. (1) Except during
preparation, cooking, or cooling, or when time is used as the public health
control as specified under paragraph (I) of this rule, and except as specified
under paragraph (F)(2) and in paragraph (F)(3) of this rule, time/temperature
controlled for safety food is to be maintained at a temperature specified as
follows: (a) At one hundred thirty-five degrees Fahrenheit (fifty-seven
degrees Celsius) or above, except that roasts cooked to a temperature and for a
time specified in paragraph (A)(4) of rule 3717-1-03.3 of the Administrative
Code or reheated as specified in paragraph (I)(1) of rule 3717-1-03.3 of the
Administrative Code may be held at a temperature of one hundred thirty degrees
Fahrenheit (fifty-four degrees Celsius) or above; or (b) At forty-one degrees Fahrenheit (five degrees Celsius) or
less. (2) Eggs that have not
been treated to destroy all viable Salmonellae are to be stored in refrigerated
equipment that maintains an ambient air temperature of forty-five degrees
Fahrenheit (seven degrees Celsius) or less. (3) Time/temperature
controlled for safety food in a homogenous liquid form may be maintained
outside of the temperature control requirements, as specified under paragraph
(F)(1) of this rule, while contained within specially designed equipment that
complies with the design and construction requirements as specified under
paragraph (Q)(5) of rule 3717-1-04.1 of the Administrative Code. (G) Ready-to-eat, time/temperature
controlled for safety food - date marking. (1) Except when packaging
food using a reduced oxygen packaging method as specified under paragraph (K)
of this rule, and except as specified in paragraphs (G)(5) and (G)(6) of this
rule, refrigerated, ready-to-eat, time/temperature controlled for safety food
prepared and held in a food service operation or in a retail food establishment
for more than twenty-four hours is to be clearly marked to indicate the date or
day by which the food is to be consumed on the premises, sold, or discarded
when held at a temperature of forty-one degrees Fahrenheit (five degrees
Celsius) or less for a maximum of seven days. The day of preparation is counted
as day one. (2) Except as specified in paragraphs
(G)(5) to (G)(7) of this rule; refrigerated, ready-to-eat time/temperature
controlled for safety food prepared and packaged by a food processing plant is
to be clearly marked, at the time the original container is opened in a food
service operation or retail food establishment and if the food is held for more
than twenty-four hours, to indicate the date or day by which the food is to be
consumed on the premises, sold, or discarded, based on the temperature and time
combination specified in paragraph (G)(1) of this rule and: (a) The day the original container is opened in the food service
operation or retail food establishment is counted as day one; and (b) The day or date marked by the food service operation or
retail food establishment cannot exceed a manufacturer's use-by date if
the manufacturer determined the use-by date based on food safety. (3) A refrigerated, ready-to-eat,
time/temperature controlled for safety food ingredient or a portion of a
refrigerated, ready-to-eat, time/temperature controlled for safety food that is
subsequently combined with additional ingredients or portions of food is to
retain the date marking of the earliest-prepared or first-prepared
ingredient. (4) A date marking system
that meets the criteria stated in paragraphs (G)(1) and (G)(2) of this rule may
include: (a) Using a method approved by the licensor for refrigerated,
ready-to-eat time/temperature controlled for safety food that is frequently
rewrapped, such as lunchmeat or a roast, or for which date marking is
impractical, such as soft serve mix or milk in a dispensing
machine; (b) Marking the date or day of preparation, with a procedure to
discard the food on or before the last date or day by which the food is to be
consumed on the premises, sold, or discarded as specified under paragraph
(G)(1) of this rule; (c) Marking the date or day the original container is opened in a
food service operation or retail food establishment, with a procedure to
discard the food on or before the last date or day by which the food is to be
consumed on the premises, sold, or discarded as specified under paragraph
(G)(2) of this rule; or (d) Using calendar dates, days of the week, color-coded marks, or
other effective marking methods, provided that the marking system is disclosed
to the licensor upon request. (5) Paragraphs (G)(1) and
(G)(2) of this rule do not apply to individual meal portions served or
repackaged for sale from a bulk container upon a consumer's
request. (6) Paragraphs (G)(1) and
(G)(2) of this rule do not apply to shellstock. (7) Paragraph (G)(2) of this rule does
not apply to the following foods prepared and packaged by a food processing
plant under inspection: (a) Deli salads manufactured in accordance with 21 C.F.R. 117,
such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato
salad, and macaroni salad; (b) Hard cheeses containing not more than thirty-nine per cent
moisture as defined in 21 C.F.R. 133, such as cheddar, gruyere, parmesan and
reggiano, and romano; (c) Semi-soft cheeses containing more than thirty-nine per cent
moisture, but not more than fifty per cent moisture, as defined in 21 C.F.R.
133, such as blue, edam, gorgonzola, gouda, and monterey jack; (d) Cultured dairy products as defined in 21 C.F.R. 131, such as
yogurt, sour cream, and buttermilk; (e) Preserved fish products, such as pickled herring and dried or
salted cod, and other acidified fish products defined in 21 C.F.R.
114; (f) Shelf stable, dry fermented sausages, such as pepperoni and
Genoa; and (g) Shelf stable salt-cured products such as prosciutto and Parma
(ham). (H) Ready-to-eat, time/temperature
controlled for safety food - disposition. (1) A food specified
under paragraph (G)(1) or (G)(2) of this rule is to be discarded if
it: (a) Exceeds the temperature or time specified in paragraph (G)(1)
of this rule, except time that the product is frozen; (b) Is in a container or package that does not bear a date or
day; or (c) Is inappropriately marked with a date or day that exceeds the
temperature and time combination as specified in paragraph (G)(1) of this
rule. (2) Refrigerated, ready-to-eat,
time/temperature controlled for safety food, dispensed through a vending
machine with an automatic shut-off control, is to be discarded if the automatic
shut-off control is activated as specified in paragraph (Y)(2) of rule
3717-1-04.1 of the Administrative Code. (3) Refrigerated,
ready-to-eat, time/temperature controlled for safety food, displayed at a micro
market, is to be discarded if the automatic shutoff control is activated as
specified in paragraph (MM)(1) of rule 3717-1-04.1 of the Administrative
Code. (I) Time as a public health
control. (1) If time without
temperature control is used as the public health control for a working supply
of time/temperature controlled for safety food before cooking, or for
ready-to-eat time/temperature controlled for safety food that is displayed or
held for sale or service, written procedures are to be prepared in advance,
maintained in the food service operation or retail food establishment and made
available to the licensor upon request that specify: (a) Methods of compliance with paragraphs (I)(2)(a) to (I)(2)(e),
or paragraphs (I)(3)(a) to (I)(3)(e) of this rule; and (b) Methods of compliance with paragraph (D) of this rule for
food that is prepared, cooked, and refrigerated before time is used as a public
health control. (2) If time without
temperature control is used as the public health control up to a maximum of
four hours: (a) The food is to have an initial temperature of forty-one
degrees Fahrenheit (five degrees Celsius) or less when removed from cold
holding temperature control, or one hundred thirty-five degrees Fahrenheit
(fifty-seven degrees Celsius) or greater when removed from hot holding
temperature control; (b) The food may have an initial temperature of seventy
degrees Fahrenheit (twenty-one degrees Celsius) or less if; (i) It is a ready-to-eat
fruit or vegetable that upon cutting is rendered a time/temperature controlled
for safety food as defined in paragraph (B)(125) of rule 3717-1-01 of the
Administrative Code; or (ii) It is a ready-to-eat
hermetically sealed food that upon opening is rendered a time/temperature
controlled for safety food as defined in paragraph (B)(125) of rule 3717-1-01
of the Administrative Code; (iii) It is a
non-time/tempeature controlled for safety batter mix that contains dried milk
and/or eggs and becomes a time/temperature controlled for safety food upon
mixing with water such as waffle, pancake, or muffin batter mixes;
(iv) The food temperature
does not exceed seventy degrees Fahrenheit (twenty-one degrees Celsius) within
a maximum time period of four hours from the time it was rendered a
time/temperature controlled for safety food; and (v) The food is marked or
otherwise identified to indicate the time that is four hours past the point in
time when the food is rendered a time/temperature controlled for safety food as
specified in paragraphs (I)(2)(b)(i) and (I)(2)(b)(ii) of this
rule. (c) The food is to be marked or otherwise identified to
indicate the time that is four hours past the point in time when the food is
removed from temperature control; (d) The food is to be cooked and served, served at any
temperature if ready-to-eat, or discarded, within four hours from the point in
time when the food is removed from temperature control; and (e) The food in unmarked containers or packages, or marked
to exceed a four-hour limit will be discarded. (3) If time without
temperature control is used as the public health control up to a maximum of six
hours: (a) The food is to have an initial temperature of forty-one
degrees Fahrenheit (five degrees Celsius) or less when removed from temperature
control and the food temperature cannot exceed seventy degrees Fahrenheit
(twenty-one degrees Celsius) within a maximum time period of six
hours; (b) The food is to be monitored to ensure the warmest portion of
the food does not exceed seventy degrees Fahrenheit (twenty-one degrees
Celsius) during the six-hour period, unless an ambient air temperature is
maintained that ensures the food does not exceed seventy degrees Fahrenheit
(twenty-one degrees Celsius) during the six-hour holding period; (c) The food is to be marked or otherwise identified to
indicate: (i) The time when the
food is removed from forty-one degrees Fahrenheit (five degrees Celsius) or
less cold holding temperature control; and (ii) The time that is six
hours past the point in time when the food is removed from cold holding
temperature control. (d) The food is to be: (i) Discarded if the
temperature of the food exceeds seventy degrees Fahrenheit (twenty-one degrees
Celsius); or (ii) Cooked and served,
served at any temperature if ready-to-eat, or discarded within a maximum of six
hours from the point in time when the food is removed from forty-one degrees
Fahrenheit (five degrees Celsius) or less cold holding temperature control;
and (e) The food in unmarked containers or packages, or marked with a
time that exceeds the six-hour limit will be discarded. (4) A food service operation or a retail
food establishment that serves a highly susceptible population is not permitted
to use time as specified under paragraph (I)(1), (I)(2) or (I)(3) of this rule
as the public health control for raw eggs that are for service to a highly
susceptible population. (J) Variance requirement. The license holder is obligated to obtain a
variance from the Ohio department of health if an operation is a food service
operation, or from the Ohio department of agriculture if an operation is a
retail food establishment before: (1) Smoking food as a
method of food preservation rather than as a method of flavor
enhancement; (2) Curing
food; (3) Except as specified in rule
3717-1-08.4 of the Administrative Code, using food additives or adding
components such as vinegar as a method of food preservation rather than as a
method of flavor enhancement, or to render a food so that it is not a
time/temperature controlled for safety food; (4) Packaging time/temperature controlled
for safety food using a reduced oxygen packaging method except where the growth
of and toxin formation by Clostridium botulinum and the growth of Listeria
monocytogenes are controlled as specified under paragraph (K) of this
rule; (5) Operating a molluscan
shellfish life-support system display tank used to store or display shellfish
that are offered for human consumption; (6) Custom processing of
animals that are for personal use as food and not for sale or service in a food
service operation or retail food establishment if the processing is not done in
compliance with rule 3717-1-08.2 of the Administrative Code; (7) Pressing or bottling juice unless the
processing is done in compliance with rule 3717-1-08 of the Administrative
Code; (8) Use of a heat treatment dispensing
freezer in a manner other than as specified in rule 3717-1-08.1 of the
Administrative Code; (9) Preparing food by another method that
is determined by the Ohio department of health or Ohio department of
agriculture to warrant a variance; or (10) Sprouting seeds or
beans. (K) Reduced oxygen packaging without a
variance, criteria. (1) Except for a food
service operation or retail food establishment that obtains a variance as
specified under paragraph (J) of this rule, a food service operation or retail
food establishment that packages time/temperature controlled for safety food
using a reduced oxygen packaging method is obligated to control the growth and
toxin formation of Clostridium botulinum and the growth of Listeria
monocytogenes. (2) Except as specified
under paragraph (K)(7) of this rule, a food service operation or retail food
establishment that packages time/temperature controlled for safety food using a
reduced oxygen packaging method is obligated to have a HACCP plan that contains
the information specified under paragraph (L) of this rule and
that: (a) Identifies the food to be packaged; (b) Except as specified under paragraphs (K)(3) to (K)(7) of this
rule, ensures the packaged food is to be maintained at forty-one degrees
Fahrenheit (five degrees Celsius) or less and meet at least one of the
following criteria: (i) Has an aw of 0.91 or less; (ii) Has a pH of 4.6 or
less; (iii) Is a meat or
poultry product cured at a food processing plant regulated by the Ohio
department of agriculture under Chapter 918. of the Revised Code or USDA using
substances specified in 9 C.F.R. 424.21, and is received in an intact package;
or (iv) Is a food with a
high level of competing organisms such as raw meat, raw poultry, or raw
vegetables. (c) Describes how the package will 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
forty-one degrees Fahrenheit (five degrees Celsius) or below; and (ii) Discard the food if
within thirty calendar days of its packaging it is not served for on-premises
consumption, or consumed if served or sold for off-premises
consumption. (d) Limits the refrigerated shelf life to no more than thirty
calendar days from packaging to consumption, except the time the product is
maintained frozen, or the original manufacturer's "sell by" or
"use by" date, whichever occurs first; (e) Includes operational procedures that: (i) Prevent contacting
ready-to-eat food with bare hands as specified under paragraph (A)(2) of rule
3717-1-03.2 of the Administrative Code; (ii) Identify a
designated work area and the method by which: (a) Physical barriers or
methods of separation of raw foods and ready-to-eat foods minimize cross
contamination; and (b) Access to the
processing equipment is limited to responsible trained personnel familiar with
the potential hazards of the operation; and (iii) Delineate cleaning
and sanitization procedures for food-contact surfaces; and (f) Describes the training program that ensures that the
individual responsible for the reduced oxygen packaging operation understands
the: (i) Concepts needed for a
safe operation; (ii) Equipment and
facilities; and (iii) Procedures
specified under paragraph (K)(2)(e) of this rule and the HACCP plan for the
operation. (g) Is provided to the regulatory authority prior to
implementation. (3) Except for fish that
is frozen before, during, and after packaging and bears a label indicating that
it is to be kept frozen until time of use, a food service operation or retail
food establishment is not permitted to package fish using a reduced oxygen
packaging method. (4) A commercially
prepared food that is ready-to-eat, received frozen in an intact package,
maintained frozen before, during and after packaging, and bears a label
indicating that it is to be kept frozen until time of use may be re-packaged
using a reduced oxygen packaging method. (5) Except as specified under paragraphs
(K)(3), (K)(4), and (K)(7) of this rule, a food service operation or retail
food establishment that packages time/temperature controlled for safety food
using a cook-chill or sous vide process is obligated to: (a) Notify the regulatory authority prior to implementation and
execute a HACCP plan that contains the information as specified under paragraph
(L) of this rule; (b) Ensure the food is: (i) Prepared and consumed
on the premises with no distribution or sale of the packaged product to another
business location or the consumer; (ii) Cooked to heat all
parts of the food to a temperature and for a time as specified under paragraphs
(A)(1), (A)(2) and (A)(4) of rule 3717-1-03.3 of the Administrative
Code; (iii) Protected from
contamination before and after cooking as specified under rule 3717-1-03.2 of
the Administrative Code and under rule 3717-1-03.3 of the Administrative
Code; (iv) Placed in a package
with an oxygen barrier and sealed before cooking, or placed in a package and
sealed immediately after cooking and before reaching a temperature below one
hundred thirty-five degrees Fahrenheit (fifty-seven degrees
Celsius); (v) Cooled to forty-one
degrees Fahrenheit (five degrees Celsius) in the sealed package or bag as
specified under paragraph (D) of this rule, and: (a) Cooled to thirty-four
degrees Fahrenheit (one degree Celsius) within forty-eight hours of reaching
forty-one degrees Fahrenheit (five degrees Celsius) and held at that
temperature until consumed or discarded within thirty days after the date of
packaging; (b) Held at forty-one
degrees Fahrenheit (five degrees Celsius) or less for no more than seven days,
at which time the food is to be consumed or discarded; (c) Cooled to thirty-four
degrees Fahrenheit (one degree Celsius) within forty-eight hours of reaching
forty-one degrees Fahrenheit (five degrees Celsius), removed from refrigeration
equipment that maintains a thirty-four degrees Fahrenheit (one degree Celsius)
food temperature and then held at forty-one degrees Fahrenheit (five degrees
Celsius) or less for no more than seven days, not to exceed thirty days from
its date of packaging, at which time the food is to be consumed or discarded;
or (d) Held frozen with no shelf life restriction while frozen
until consumed or used. (vi) Held in a
refrigeration unit that is equipped with an electronic system that continuously
monitors time and temperature and is visually examined for proper operation
twice daily; and (vii) Labeled with the
product name and the date packaged; and (c) Maintain the records to confirm that cooling and cold holding
refrigeration time/temperature parameters are monitored as part of the HACCP
plan, and: (i) Make such records
available to the regulatory authority upon request; and (ii) Hold such records
for at least six months; and (d) Implement written operational procedures as specified under
paragraph (K)(2)(e) of this rule and a training program as specified under
paragraph (K)(2)(f) of this rule. (6) Except as specified under paragraph
(K)(7) of this rule, a food service operation or retail food establishment that
packages cheese using a reduced oxygen packaging method is obligated
to: (a) Limit the cheeses packaged to those that are commercially
manufactured in a food processing plant with no ingredients added in the food
service operation or retail food establishment and that meet the standards of
identity as specified in 21 C.F.R. 133.150, 21 C.F.R. 133.169 or 21 C.F.R.
133.187; (b) Have a HACCP plan that contains the information specified
under paragraph (L) of this rule and as specified under paragraphs (K)(2)(a),
(K)(2)(c)(i), (K)(2)(e) and (K)(2)(f) of this rule; (c) Labels the package on the principal display panel with a
"use by" date that does not exceed thirty days from its packaging or
the original manufacturer's "sell by" or "use by"
date, whichever occurs first; and (d) Discards the reduced oxygen packaged cheese if it is not sold
for off-premises consumption or consumed within thirty calendar days of its
packaging. (7) A HACCP plan is not needed for a
specific food when a food service operation or retail food establishment uses a
reduced oxygen packaging method to package that specific time/temperature
controlled for safety food that is always: (a) Labeled with the production time and date; (b) Held at forty-one degrees Fahrenheit (five degrees Celsius)
or less during refrigerated storage; and (c) Removed from its package in the food service operation or
retail food establishment within forty-eight hours after
packaging. (L) Contents of a HACCP plan. For a food service operation or retail food
establishment that has a HACCP plan, the plan and specifications is obligated
to include: (1) A flow diagram by specific food or
category type including all steps in the process from the receiving of
ingredients to the final sale or service to the consumer, and identifying
critical control points. (2) List of ingredients, materials, and
equipment used in the preparation of that food; (3) Formulations or recipes that
delineate methods and procedural control measures that address the food safety
concerns involved; (4) A detailed, step-by-step written
description of the process; (5) A complete hazard
analysis identifying the following for each step in the flow
chart: (a) Relevant biological, chemical, and physical
hazards; (b) Determination if the identified hazards are
significant; (c) Justification of determination whether it is a
significant hazard; (d) Control measures that may be applied to prevent the
significant hazards for the step; and (e) Determination whether the step is a critical control
point; (6) A HACCP plan summary clearly
identifying: (a) Each critical control point; (b) The critical limits for each critical control
point; (c) The method and frequency for monitoring and controlling each
critical control point by the food employee designated by the person in
charge; (d) The method and frequency for the person in charge to
routinely verify that the food employee is following standard operating
procedures and monitoring critical control points; (e) Corrective action to be taken by the person in charge if the
critical limits for each critical control point are not met; and (f) Records to be maintained by the person in charge to
demonstrate that the HACCP plan is properly operated and managed. (7) Additional scientific data or other
information, as mandated by the regulatory authority, supporting the
determination that food safety is not compromised by the proposal. (8) Sanitary standard
operating procedures that identify the procedures implemented to prevent direct
contamination or adulteration of the products made in the food service
operation or retail food establishment, including but not limited
to: (a) Identification of procedures to be completed prior to
beginning process; (b) Proper cleaning and sanitizing of food contact
surfaces, equipment, and utensils; (c) Proper handwashing procedures and frequency;
and (d) Identification of persons who are responsible for
implementation of the sanitary standard operating procedures. (9) A description of the
training program that ensures individuals responsible for implementing the
HACCP plan understand the: (a) Application of HACCP principles; (b) Procedure identified in the HACCP plan; (c) Maintenance of records and verification of procedures
identified in the HACCP plan; and (d) Maintenance of equipment and facilities.
Last updated September 16, 2024 at 12:15 PM
|
Rule 3717-1-03.5 | Food: food identity, presentation, and on premises labeling.
Effective:
September 5, 2024
[Comment: For publication dates of the C.F.R.
referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the
Administrative Code.] (A) Standards of identity. Packaged food is to comply with standard of
identity requirements in 21 C.F.R. 131-169 and 9 C.F.R. 319, and the general
requirements in 21 C.F.R. 130 and 9 C.F.R. 319 Subpart A. (B) Honestly presented. (1) Food will only be
offered for human consumption in a way that does not mislead or misinform the
consumer. (2) Food or color
additives, colored overwraps, or lights cannot be used to misrepresent the true
appearance, color, or quality of a food. (3) The sale of kosher
foods are to be in accordance with section 1329.29 of the Revised
Code. (C) Food labels. (1) Foods packaged in a
food service operation or retail food establishment, are to be labeled as
specified in 21 C.F.R. 101 and 9 C.F.R. 317. (2) Label information is
to include: (a) The common name of the food, or absent a common name, an
adequately descriptive identity statement; (b) If made from two or more ingredients, a list of ingredients
and sub-ingredients in descending order of predominance by weight, including a
declaration of artificial colors, artificial flavors and chemical
preservatives, if contained in the food; (c) An accurate declaration of the net quantity of
contents; (d) The name and place of business of the manufacturer, packer,
or distributor; and (e) The name of the food source for each major food allergen
contained in the food unless the food source is already part of the common or
usual name of the respective ingredient. (f) Except as exempted in the Federal Food, Drug, and Cosmetic
Act Section 403(q)(3)-(5) (as amended on March 23, 2010), nutrition labeling as
specified in 21 C.F.R. 101 and 9 C.F.R. 317 Subpart B. (g) For any salmonid fish containing canthaxanthin or astaxanthin
as a color additive, the labeling of the bulk fish container, including a list
of ingredients, displayed on the retail container or by other written means,
such as a counter card, that discloses the use of canthaxanthin or
astaxanthin. (3) Bulk food that is
available for consumer self-dispensing is to be prominently labeled with the
following information in plain view of the consumer: (a) The manufacturer's or processor's label that was
provided with the food; or (b) A card, sign, or other method of notification that includes
the information specified under paragraphs (C)(2)(a), (C)(2)(b), (C)(2)(e), and
(C)(2)(f) of this rule. (4) Bulk, unpackaged
foods that are portioned to consumer specification need not be labeled
if: (a) A health, nutrient content, or other claim is not made;
and (b) The food is manufactured or prepared on the premises of the
food service operation or retail food establishment, at another food service
operation or retail food establishment, or a food processing plant that is
owned by the same person and is regulated by the food regulatory agency that
has jurisdiction. (D) Other forms of
information. (1) Consumer warnings are
to be provided as specified in this chapter. (2) Except as permitted
in paragraphs (D)(3) to (D)(5) of this rule, a food service operation, retail
food establishment or manufacturers' dating information on foods cannot be
concealed or altered. (3) A retail food
establishment is permitted to repackage and revise the dating of fresh meat
after determining that the meat shows no indications of compromised
quality. (4) A retail food
establishment that receives packaged fresh meat from other companies is
permitted to repackage the meat under their own label. (5) The label of meat or
product packaged under federal or state meat inspection cannot be modified
without removing the federal or state legend. (6) The license holder
will notify consumers by written notification of the presence of major food
allergens as an ingredient in unpackaged food items that are served or sold to
the consumer. (E) Consumption of animal foods that are
raw, undercooked, or not otherwise processed to eliminate pathogens - consumer
advisory. (1) Except as specified
in paragraphs (A)(2) and (A)(3)(c) of rule 3717-1-03.3 of the Administrative
Code, and under paragraph (C) of rule 3717-1-03.7 of the Administrative Code,
if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or
shellfish is served or sold raw, undercooked, or without otherwise being
processed to eliminate pathogens, either in ready-to-eat form or as an
ingredient in another ready-to-eat food, the license holder is obligated to
inform consumers of the significantly increased risk of consuming such foods by
way of a disclosure and reminder, as specified in paragraphs (E)(2) and (E)(3)
of this rule, using brochures, deli case or menu advisories, label statements,
table tents, placards, or other effective written means. (2) Disclosure is to
include: (a) A description of the animal-derived foods, such as
"oysters on the half shell (raw oysters)," "raw-egg Caesar
salad," and "hamburgers (can be cooked to order)";
or (b) Identification of the animal-derived foods by asterisking
them to a footnote that states that the items are served raw or undercooked, or
contain (or may contain) raw or undercooked ingredients. (3) Reminder is to
include asterisking the animal-derived foods subject to disclosure with a
footnote that states: (a) "Regarding the safety of these items, written
information is available upon request"; (b) "Consuming raw or undercooked meats, poultry, seafood,
shellfish, or eggs may increase your risk of foodborne illness";
or (c) "Consuming raw or undercooked meats, poultry, seafood,
shellfish, or eggs may increase your risk of foodborne illness, especially if
you have certain medical conditions."
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-03.6 | Food: discarding or reconditioning unsafe, adulterated or contaminated food.
(A) A food that is unsafe, adulterated,
or not honestly presented as specified under rule 3717-1-03 of the
Administrative Code is to be discarded or reconditioned according to an
approved procedure. (B) Food that is not from an approved
source as specified under paragraphs (A) to (G) of rule 3717-1-03.1 of the
Administrative Code is to be discarded. (C) Ready-to-eat food that may have been
contaminated by an employee who has been restricted or excluded as specified
under paragraph (D) of rule 3717-1-02.1 of the Administrative Code is to be
discarded. (D) Food that is contaminated by food
employees, consumers, or other persons through contact with their hands, bodily
discharges, such as nasal or oral discharges, or other means is to be
discarded.
Last updated September 9, 2024 at 1:52 PM
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Rule 3717-1-03.7 | Food: special requirements for highly susceptible populations.
Effective:
September 5, 2024
[Comment: For publication dates of the C.F.R.
referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the
Administrative Code.] In a food service operation or retail food
establishment that serves a highly susceptible population: (A) The following criteria apply to
juice: (1) For the purposes of
paragraph (A) of this rule, children who are nine years of age or less and
receive food in a school, day care setting, or similar facility that provides
custodial care are included as highly susceptible populations; (2) Prepackaged juice or
a prepackaged beverage containing juice, that bears a warning label as
specified in 21 C.F.R. 101.17(g), that has not been specifically processed to
prevent, reduce, or eliminate the presence of pathogens, or a packaged juice or
beverage containing juice, that bears a warning label as specified in rule
3717-1-08 of the Administrative Code, cannot be served or offered for sale;
and (3) Unpackaged juice that
is prepared on the premises for service or sale in a ready-to-eat form is
obligated to be processed under a HACCP plan and as specified in 21 C.F.R.
120.24. This is not intended to include freshly prepared fruit or vegetable
purees that are prepared on-site that are not beverages or ingredients of
beverages. (B) Food employees are not permitted to
contact ready-to-eat food as specified under paragraph (A)(2) of rule
3717-1-03.2 of the Administrative Code. (C) The following foods are not permitted
to be served or offered for sale in a ready-to-eat form: (1) Raw animal foods such
as raw fish, raw-marinated fish, raw molluscan shellfish, and steak
tartare; (2) A partially cooked
animal food such as lightly cooked fish, rare meat, soft-cooked eggs that are
made from raw eggs, and meringue; (3) Raw seed sprouts;
and (4) Packaged food as
specified under paragraph (E) of rule 3717-1-03.3 of the Administrative
Code. (D) Pasteurized eggs or egg products are
to be substituted for raw eggs in the preparation of: (1) Foods such as Caesar
salad, hollandaise or Bearnaise sauce, mayonnaise, meringue, eggnog, ice cream,
and egg-fortified beverages; and (2) Recipes in which more
than one egg is broken and the eggs are combined, unless: (a) The raw eggs are combined immediately before cooking for one
consumer's serving at a single meal, cooked as specified under paragraph
(A)(1)(a) of rule 3717-1-03.3 of the Administrative Code, and served
immediately, such as an omelet, souffle, or scrambled eggs; (b) The raw eggs are combined as an ingredient immediately before
baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a
cake, muffin, or bread; or (c) The preparation of the food is conducted under a HACCP plan
that: (i) Identifies the food
to be prepared; (ii) Prevents contacting
ready-to-eat food with bare hands; (iii) Includes
specifications and practices that ensure: (a) Salmonella
Enteritidis growth is controlled before and after cooking; and (b) Salmonella
Enteritidis is destroyed by cooking the eggs according to the temperature and
time specified in paragraph (A)(1)(b) of rule 3717-1-03.3 of the Administrative
Code. (iv) Contains HACCP
information as specified in paragraph (L) of rule 3717-1-03.4 of the
Administrative Code, and includes procedures that: (a) Control cross
contamination of ready-to-eat food with raw eggs; and (b) Delineate cleaning
and sanitization procedures for food-contact surfaces; and (v) Describes the
training program that ensures the food employee responsible for the preparation
of the food understands the procedures to be used. (E) Time only, as the public health
control as specified under paragraph (I)(4) of rule 3717-1-03.4 of the
Administrative Code, cannot be used for raw eggs. (F) Food may be re-served as specified
under paragraphs (X)(2) and (X)(3) of rule 3717-1-03.2 of the Administrative
Code, except that: (1) Any food served to
patients or clients who are under contact precautions in medical isolation or
quarantine, or protective environment isolation is not to be re-served to
others outside. (2) Packages of food from
any patients, clients, or other consumers should not be re-served to persons in
protective environment isolation.
Last updated September 5, 2024 at 11:08 AM
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Rule 3717-1-04 | Equipment, utensils, and linens: materials for construction and repair.
Effective:
September 5, 2024
[Comment: For publication dates of the C.F.R. referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the Administrative Code.] (A) Multiuse utensils and food contact surfaces - material characteristics. Materials that are used in the construction of utensils and food-contact surfaces of equipment cannot allow the migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions are to be: (1) Safe; (2) Durable, corrosion-resistant, and nonabsorbent; (3) Sufficient in weight and thickness to withstand repeated warewashing; (4) Finished to have a smooth, easily cleanable surface; and (5) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition. (B) Cast iron - use limitation. Cast iron is not permitted to be used for utensils or food-contact surfaces of equipment except when used in the following manner: (1) As a surface for cooking; or (2) In utensils for serving food if the utensils are used only as part of an uninterrupted process from cooking through service. (C) Lead, use limitation. (1) Ceramic, china, crystal and decorative utensils such as hand painted ceramic or china that are used in contact with food are to be lead-free or contain levels of lead not exceeding the limits of the following utensil categories: | Utensil Category | Ceramic Article Description | Maximum Lead mg/L | | Beverage Mugs, Cups, Pitchers | Coffee Mugs | 0.5 | | Large Hollowware (excluding pitchers) | Bowls greater than or equal to 1.16 quart (1.1 liter) | 1.0 | | Small Hollowware (excluding cups and mugs) | Bowls less than 1.16 quart (1.1 liter) | 2.0 | | Flat Tableware | Plates, Saucers | 3.0 |
(2) Pewter alloys containing lead in excess of 0.05 per cent cannot be used as a food-contact surface. (3) Solder and flux containing lead in excess of 0.2 per cent cannot be used as a food-contact surface. (D) Copper - use limitation. Except for copper and copper alloys that may be used in contact with beer brewing ingredients that have a pH below six in the prefermentation and fermentation steps of a beer brewing operation such as a brewpub or microbrewery, copper and copper alloys such as brass is not to be used in contact with a food that has a pH below six such as vinegar, fruit juice, or wine or for a fitting or tubing installed between a backflow prevention device and a carbonator. (E) Galvanized metal - use limitation. Galvanized metal is not to be used for utensils or food-contact surfaces of equipment that are used in contact with acidic food. (F) Sponges - use limitation. Sponges are not permitted to be used in contact with cleaned and sanitized or in-use food-contact surfaces. (G) Wood - use limitation. (1) Except as specified in paragraphs (G)(2) to (G)(4) of this rule, wood and wood wicker cannot be used as a food-contact surface. (2) Hard maple or an equivalently hard, close-grained wood may be used for: (a) Cutting boards; cutting blocks; bakers' tables; and utensils such as rolling pins, doughnut dowels, salad bowls, and chopsticks; (b) Wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of two hundred thirty degrees Fahrenheit (one hundred ten degrees Celsius) or above; and (c) Wood fermentation tanks, wood maturation barrels, and other wood used in the alcoholic beverage making process. (3) Whole, uncut, raw fruits, and vegetables, and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used. (4) If the nature of the food needs removal of rinds, peels, husks, or shells before consumption, the whole, uncut, raw food may be kept in: (a) Untreated wood containers; or (b) Treated wood containers if the containers are treated with a preservative that meets the requirements specified in 21 C.F. R. 178.3800. (H) Nonstick coatings - use limitation. Multiuse kitchenware such as frying pans, griddles, sauce pans, cookie sheets, and waffle bakers that have a perfluorocarbon resin coating are to be used with nonscoring or nonscratching utensils and cleaning aids. (I) Nonfood-contact surfaces - materials. Nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that need frequent cleaning are to be constructed of a corrosion-resistant, nonabsorbent, and smooth material. (J) Single-service and single-use articles - characteristics. Materials that are used to make single-service and single-use articles: (1) Cannot: (a) Allow the migration of deleterious substances; or (b) Impart colors, odors, or tastes to food; and (2) Are to be: (a) Safe; and (b) Clean.
Last updated September 5, 2024 at 11:16 AM
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Rule 3717-1-04.1 | Equipment, utensils, and linens: design and construction.
Effective:
September 5, 2024
(A) Equipment and utensils - durability
and strength. Equipment and utensils are to be designed and
constructed to be durable and to retain their characteristic qualities under
normal use conditions. (B) Food temperature measuring devices -
construction. Food temperature measuring devices cannot have
sensors or stems constructed of glass, except that thermometers with glass
sensors or stems that are encased in a shatterproof coating such as candy
thermometers may be used. (C) Food-contact surfaces -
cleanability. Multiuse food-contact surfaces are to be: (1) Smooth; (2) Free of breaks, open
seams, cracks, chips, inclusions, pits, and similar imperfections; (3) Free of sharp
internal angles, corners, and crevices; (4) Finished to have
smooth welds and joints; and (5) Except for cooking
oil storage tanks, distribution lines for cooking oils, or beverage syrup lines
or tubes; accessible for cleaning and inspection by one of the following
methods: (a) Without being disassembled; (b) By disassembling without the use of tools; or (c) By easy disassembling with the use of handheld tools commonly
available to maintenance and cleaning personnel such as screwdrivers, pliers,
open-end wrenches, and Allen wrenches. (D) CIP equipment -
cleanability. (1) CIP equipment is to
meet the characteristics specified under paragraph (C) of this rule and be
designed and constructed so that: (a) Cleaning and sanitizing solutions circulate throughout a
fixed system and contact all interior food-contact surfaces; and (b) The system is self-draining or capable of being completely
drained of cleaning and sanitizing solutions; and (2) CIP equipment that is
not designed to be disassembled for cleaning has to be designed with inspection
access points to ensure that all interior food-contact surfaces throughout the
fixed system are being effectively cleaned. (E) "V" threads - use
limitation. Except for hot oil cooking or filtering
equipment, "V" type threads cannot be used on food-contact
surfaces. (F) Hot oil filtering equipment -
cleanability. Hot oil filtering equipment is obligated to meet
the characteristics specified under paragraph (C) or paragraph (D) of this rule
and be readily accessible for filter replacement and cleaning of the
filter. (G) Can openers -
cleanability. Cutting or piercing parts of can openers are to
be readily removable for cleaning and for replacement. (H) Nonfood-contact surfaces -
cleanability. Nonfood-contact surfaces are to be free of
unnecessary ledges, projections, and crevices, and designed and constructed to
allow easy cleaning and to facilitate maintenance. (I) Kick plates - removable. Kick plates are to be designed so that the areas
behind them are accessible for inspection and cleaning by being: (1) Removable by one of
the methods specified under paragraph (C)(5) of this rule or capable of being
rotated open; and (2) Removable or capable
of being rotated open without unlocking equipment doors. (J) Ventilation hood systems -
filters. Filters or other grease extracting equipment are
to be designed to be readily removable for cleaning and replacement if not
designed to be cleaned in place. (K) Food temperature measuring devices -
accuracy. (1) Food temperature
measuring devices that are scaled only in Celsius or dually scaled in Celsius
and Fahrenheit are to be accurate to plus or minus one degree Celsius in the
intended range of use. (2) Food temperature
measuring devices that are scaled only in Fahrenheit are to be accurate to plus
or minus two degrees Fahrenheit in the intended range of use. (L) Food monitoring devices -
accuracy. (1) Digital pH and
aw meters are to have at least two
points of calibration and be accurate to a margin of error as specified on the
non-expired calibration solutions. (2) Other monitoring
devices are to be accurate to a margin of error as specified by the
manufacturer. (M) Ambient air and water temperature measuring devices -
accuracy. (1) Ambient air and water
temperature measuring devices that are scaled in Celsius or dually scaled in
Celsius and Fahrenheit are to be designed to be easily readable and accurate to
plus or minus 1.5 degrees Celsius in the intended range of use. (2) Ambient air and water
temperature measuring devices that are scaled only in Fahrenheit are to be
accurate to plus or minus three degrees Fahrenheit in the intended range of
use. (N) Pressure measuring devices for mechanical warewashing
equipment - accuracy. Pressure measuring devices that display the
pressures in the water supply line for the fresh hot water sanitizing rinse are
to have increments of one pound per square inch (seven kilopascals) or smaller
and be accurate to plus or minus two pounds per square inch (plus or minus
fourteen kilopascals) in the range indicated on the manufacturer's data
plate. (O) Ventilation hood systems - drip
prevention. Exhaust ventilation hood systems in food
preparation and warewashing areas including components such as hoods, fans,
guards, and ducting are to be designed to prevent grease or condensation from
draining or dripping onto food, equipment, utensils, linens, single-service
articles, and single-use articles. (P) Equipment openings - closures and
deflectors. (1) A cover or lid for
equipment is to overlap the opening and be sloped to drain. (2) An opening located
within the top of a unit of equipment that is designed for use with a cover or
lid is to be flanged upward at least two-tenths of an inch (five
millimeters). (3) Except as specified
under paragraph (P)(4) of this rule, fixed piping, temperature measuring
devices, rotary shafts, and other parts extending into equipment are to be
provided with a watertight joint at the point where the item enters the
equipment. (4) If a watertight joint
is not provided: (a) The piping, temperature measuring devices, rotary shafts, and
other parts extending through the openings are to be equipped with an apron
designed to deflect condensation, drips, and dust from openings into the food;
and (b) The opening is to be flanged as specified under paragraph
(P)(2) of this rule. (Q) Dispensing equipment - protection of equipment and
food. In equipment that dispenses or vends liquid food
or ice in unpackaged form: (1) The delivery tube,
chute, orifice, and splash surfaces directly above the container receiving the
food are to be designed in a manner, such as with barriers, baffles, or drip
aprons, so that drips from condensation and splash are diverted from the
opening of the container receiving the food; (2) The delivery tube,
chute, and orifice is to be protected from manual contact such as by being
recessed; (3) The delivery tube or
chute and orifice of equipment used to vend liquid food or ice in unpackaged
form to self-service consumers are to be designed so that the delivery tube or
chute and orifice are protected from dust, insects, rodents, and other
contamination by a self-closing door if the equipment is: (a) Located in an outside area that does not otherwise afford the
protection of an enclosure against the rain, windblown debris, insects,
rodents, and other contaminants that are present in the environment;
or (b) Available for self-service during hours when it is not under
the full-time supervision of a food employee; and (4) The dispensing
equipment actuating lever or mechanism and filling device of consumer
self-service beverage dispensing equipment are to be designed to prevent
contact with the lip-contact surface of glasses or cups that are
refilled. (5) Dispensing equipment
in which time/temperature controlled for safety food in a homogenous liquid
form is maintained outside of the temperature control requirements as specified
under paragraph (F)(1) of rule 3717-1-03.4 of the Administrative Code is
to: (a) Be specifically designed and equipped to maintain the
commercial sterility of aseptically packaged food in a homogenous liquid form
for a specified duration from the time of opening the packaging within the
equipment; and (b) Conform to the requirements for this equipment as specified
in NSF/ANSI 18-2020-manual "Food and Beverage Dispensing
Equipment." (R) Vending machine - vending stage closure. The dispensing compartment of a vending machine
is to be equipped with a self-closing door or cover if the machine is: (1) Located in an outside
area that does not otherwise afford the protection of an enclosure against the
rain, windblown debris, insects, rodents, and other contaminants that are
present in the environment; or (2) Available for
self-service during hours when it is not under the full-time supervision of a
food employee. (S) Bearings and gear boxes - leakproof. Equipment containing bearings and gears that need
lubricants are to be designed and constructed so that the lubricant cannot
leak, drip, or be forced into food or onto food-contact surfaces. (T) Beverage tubing - separation. Except for cold plates that are constructed
integrally with an ice storage bin, beverage tubing and cold-plate beverage
cooling devices are not permitted to be installed in contact with stored ice.
(U) Ice units - separation of drains. Liquid waste drain lines are not to pass through
an ice machine or ice storage bin. (V) Condenser unit - separation. If a condenser unit is an integral component of
equipment, the condenser unit is to be separated from the food and food storage
space by a dustproof barrier. (W) Can openers on vending machines. Cutting or piercing parts of can openers on
vending machines are to be protected from manual contact, dust, insects,
rodents, and other contamination. (X) Molluscan shellfish tanks. (1) Except as specified
under paragraph (X)(2) of this rule, molluscan shellfish life support system
display tanks are not to be used to store or display shellfish that are offered
for human consumption and be conspicuously marked so that it is obvious to the
consumer that the shellfish are for display only. (2) Molluscan shellfish
life-support system display tanks that are used to store or display shellfish
that are offered for human consumption are obligated to be operated and
maintained in accordance with a variance granted by the Ohio department of
agriculture or the Ohio department of health as applicable. (Y) Vending machines - automatic shutoff. (1) A machine vending
time/temperature controlled for safety food is to have an automatic control
that prevents the machine from vending food: (a) If there is a power failure, mechanical failure, or other
condition that results in an internal machine temperature that cannot maintain
food temperatures as specified under rule 3717-1-03.4 of the Administrative
Code; and (b) If a condition specified under paragraph (Y)(1)(a) of this
rule occurs, until the machine is serviced and restocked with food that has
been maintained at temperatures specified under rule 3717-1-03.4 of the
Administrative Code. (2) When the automatic
shutoff within a machine vending time/temperature controlled for safety food is
activated: (a) In a refrigerated vending machine, the ambient temperature
cannot exceed forty-one degrees Fahrenheit (five degrees Celsius) for more than
thirty minutes immediately after the machine is filled, serviced, or restocked;
or (b) In a hot holding vending machine, the ambient temperature
cannot be less than one hundred thirty-five degrees Fahrenheit (fifty-seven
degrees Celsius) for more than one hundred twenty minutes immediately after the
machine is filled, serviced, or restocked. (Z) Temperature measuring devices. (1) In a mechanically
refrigerated or hot food storage unit, the sensor of a temperature measuring
device is to be located to measure the air temperature or a simulated product
temperature in the warmest part of a mechanically refrigerated unit and in the
coolest part of a hot food storage unit. (2) Except as specified
in paragraph (Z)(3) of this rule, cold or hot holding equipment used for
time/temperature controlled for safety food is to be designed to include and be
equipped with at least one integral or permanently affixed temperature
measuring device that is located to allow easy viewing of the device's
temperature display. (3) Paragraph (Z)(2) of
this rule does not apply to equipment for which the placement of a temperature
measuring device is not a practical means for measuring the ambient air
temperature surrounding the food because of the design, type, and use of the
equipment, such as calrod units, heat lamps, cold plates, bainmaries, steam
tables, insulated food transport containers, and salad bars. (4) Temperature measuring devices are to
be designed to be easily readable. (5) Food temperature measuring devices
and water temperature measuring devices on warewashing machines are to have a
numerical scale, printed record, or digital readout in increments no greater
than two degrees Fahrenheit or one degree Celsius in the intended range of
use. (AA) Warewashing machine - data plate operating
specifications. A warewashing machine is to be provided with an
easily accessible and readable data plate affixed to the machine by the
manufacturer that indicates the machine's design and operating
specifications including the: (1) Temperature
requirements for washing, rinsing, and sanitizing; (2) Pressure requirements
for the fresh water sanitizing rinse unless the machine is designed to use only
a pumped sanitizing rinse; and (3) Conveyor speed for
conveyor machines or cycle time for stationary rack machines. (BB) Warewashing machines - internal baffles. Warewashing machine wash and rinse tanks are to
be equipped with baffles, curtains, or other means to minimize internal cross
contamination of the solutions in wash and rinse tanks. (CC) Warewashing machines - temperature measuring
devices. A warewashing machine is to be equipped with a
temperature measuring device that indicates the temperature of the
water: (1) In each wash and
rinse tank; and (2) As the water enters
the hot water sanitizing final rinse manifold or in the chemical sanitizing
solution tank. (DD) Manual warewashing equipment - heaters and
baskets. If hot water is used for sanitization in manual
warewashing operations, the sanitizing compartment of the sink is to be: (1) Designed with an
integral heating device that is capable of maintaining water at a temperature
not less than one hundred seventy-one degrees Fahrenheit (seventy-seven degrees
Celsius); and (2) Provided with a rack
or basket to allow complete immersion of equipment and utensils into the hot
water. (EE) Warewashing machines - automatic dispensing of
detergents and sanitizers. A warewashing machine installed after March 1,
2005, is to: (1) Automatically
dispense detergents and sanitizers; and (2) Incorporate a visual
means to verify that detergents and sanitizers are delivered or a visual or
audible alarm to signal if the detergents and sanitizers are not delivered to
the respective washing and sanitizing cycles. (FF) Warewashing machines - flow pressure
device. Except for machines that use only a pumped or
recirculated sanitizing rinse, warewashing machines that provide a fresh hot
water sanitizing rinse are to be equipped with: (1) A pressure gauge or
similar device such as a transducer that measures and displays the water
pressure in the supply line immediately before entering the warewashing
machine; and (2) If the flow pressure
measuring device is upstream of the fresh hot water sanitizing rinse control
valve, the device is to be mounted in a one-fourth inch or 6.4 millimeter iron
pipe size (IPS) valve. (GG) Warewashing sinks and drainboards -
self-draining. Sinks and drainboards of warewashing sinks and
machines are to be self-draining. (HH) Equipment compartments - drainage. Equipment compartments that are subject to
accumulation of moisture due to conditions such as condensation, food or
beverage drip, or water from melting ice are to be sloped to an outlet that
allows complete draining. (II) Vending machines and bulk water machines - liquid waste
products. (1) Vending machines
designed to store beverages that are packaged in containers made from paper
products are to be equipped with diversion devices and retention pans or drains
for container leakage. (2) Vending machines that
dispense liquid food in bulk or bulk water machines are to be: (a) Provided with an internally mounted waste receptacle for the
collection of drip, spillage, overflow, or other internal wastes;
and (b) Equipped with an automatic shutoff device that will place the
machine out of operation before the waste receptacle overflows. (3) Shutoff devices
specified under paragraph (II)(2)(b) of this rule are to be provided to prevent
water or liquid food from continuously running if there is a failure of a flow
control device in the water or liquid food system or waste accumulation that
could lead to overflow of the waste receptacle. (JJ) Case lot handling apparatuses -
movability. Apparatuses, such as dollies, pallets, racks, and
skids used to store and transport large quantities of packaged foods received
from a supplier in a cased or overwrapped lot, are to be designed to be moved
by hand or by conveniently available apparatuses such as hand trucks and
forklifts. (KK) Vending machine and bulk water machine doors, and
openings. (1) Vending machine or
bulk water machine doors and access opening covers to food and container
storage spaces are to be tight-fitting so that the space along the entire
interface between the doors or covers and the cabinet of the machine, if the
doors or covers are in a closed position, is no greater than one-sixteenth inch
or 1.5 millimeters by: (a) Being covered with louvers, screens, or materials that
provide an equivalent opening of not greater than one-sixteenth inch or 1.5
millimeters. Screening of twelve or more mesh to one inch (2.5 centimeters)
meets this requirement; (b) Being effectively gasketed; (c) Having interface surfaces that are at least one-half inch or
thirteen millimeters wide; or (d) Jambs or surfaces used to form an L-shaped entry path to the
interface. (2) Vending machine or
bulk water machine service connection openings through an exterior wall of a
machine are to be closed by sealants, clamps, or grommets so that the openings
are no larger than one-sixteenth inch or 1.5 millimeters. (LL) Food equipment - certification and
classification. (1) Except as provided in
paragraph (LL)(2) or (LL)(3) of this rule, food equipment that is acceptable
for use in a food service operation or retail food establishment is to be
approved by a recognized food equipment testing agency for
sanitation. (2) The Ohio department
of agriculture or the Ohio department of health acting under section 3717.11 of
the Revised Code or section 3717.111 of the Revised Code, or the licensor may
approve the use of food equipment, other than vending machines, bulk water
machines, and equipment that displays time/temperature controlled for safety
food in a micro market, that have not been approved by a recognized testing
agency if the equipment demonstrates compliance with this chapter. (3) This rule does not
apply to low risk mobile food service operations as described in rule
3701-21-02.3 of the Administrative Code and low risk mobile retail food
establishments as described in rule 901:3-4-05 of the Administrative Code that
offers for sale or serves only prepackaged time/temperature controlled for
safety foods at the food temperatures specified in rule 3717-1-03.3 of the
Administrative Code by utilizing one of the following: (a) Mechanical refrigeration equipment; or (b) Non-mechanical refrigeration equipment containing ice,
ice packs, or dry ice and the ice, ice packs, or dry ice is replenished every
four hours during operation. (MM) Micro market display - automatic shutoff. (1) All micro market
display units offering time/temperature controlled for safety food are to have
an automatic control that prevents the equipment from opening if: (a) There is a power failure, mechanical failure, or other
condition that results in an internal equipment temperature that cannot
maintain food temperatures as specified under rule 3717-1-03.4 of the
Administrative Code; and (b) A condition specified under paragraph (MM)(1)(a) of this rule
occurs, until the equipment is serviced and restocked with food that has been
maintained at temperatures specified under rule 3717-1-03.4 of the
Administrative Code. (2) When the automatic
shutoff within a display described under paragraph (MM)(1) of this rule is
activated, the ambient temperature is not to exceed forty-one degrees
Fahrenheit (five degrees Celsius) for more than thirty minutes immediately
after the display is filled, serviced, or restocked. (NN) Micro market display - closure. All micro market display units offering
time/temperature controlled for safety food are to be equipped with a
self-closing door.
Last updated September 5, 2024 at 11:16 AM
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Rule 3717-1-04.2 | Equipment, utensils, and linens: numbers and capacities.
Effective:
September 5, 2024
(A) Equipment - cooling, heating, and
holding capacities. Equipment for cooling, heating, or holding cold
or hot time/temperature controlled for safety food, is to be sufficient in
number and capacity to provide food at the food temperatures specified under
rule 3717-1-03.3 of the Administrative Code and rule 3717-1-03.4 of the
Administrative Code. (B) Manual warewashing - sink compartment
requirements. (1) Except as specified
in paragraph (B)(3) of this rule, a sink with at least three compartments is to
be provided for manually washing, rinsing, and sanitizing equipment and
utensils. (2) Sink compartments are
to be large enough to accommodate immersion of the largest equipment and
utensils. If equipment or utensils are too large for the warewashing sink, a
warewashing machine or alternative equipment as specified in paragraph (B)(3)
of this rule will be used. (3) Alternative manual
warewashing equipment may be used when there are special cleaning needs or
constraints and its use is approved. Alternative manual warewashing equipment
may include: (a) High-pressure detergent sprayers; (b) Low- or line-pressure spray detergent foamers; (c) Other task-specific cleaning equipment; (d) Brushes or other implements; (e) Two-compartment sinks as specified under paragraphs (B)(4)
and (B)(5) of this rule; or (f) Receptacles that substitute for the compartments of a
multicompartment sink. (4) Before a
two-compartment sink is used: (a) The license holder will have its use approved by the
licensor; and (b) The license holder will limit the number of kitchenware items
cleaned and sanitized in the two compartment sink, limit warewashing to batch
operations for cleaning kitchenware such as between cutting one type of raw
meat and another or cleanup at the end of a shift, and: (i) Make up the cleaning
and sanitizing solutions immediately before use and drain them immediately
after use; and (ii) Use a
detergent-sanitizer to sanitize and apply the detergent-sanitizer in accordance
with the manufacturer's label instructions and as specified under
paragraph (O) of rule 3717-1-04.4 of the Administrative Code; or (iii) Use a hot water
sanitization immersion step as specified under paragraph (J)(3) of rule
3717-1-04.5 of the Administrative Code. (5) A two-compartment
sink is not to be used for warewashing operations where cleaning and sanitizing
solutions are used for a continuous or intermittent flow of kitchenware or
tableware in an ongoing warewashing process. (C) Drainboards. Drainboards, utensil racks, or tables large
enough to accommodate all soiled and cleaned items that may accumulate during
hours of operation are to be provided for necessary utensil holding before
cleaning and after sanitizing. (D) Ventilation hood systems -
adequacy. Ventilation hood systems and devices are to be
sufficient in number and capacity to prevent grease or condensation from
collecting on walls and ceilings. (E) Clothes washers and
dryers. (1) Except as specified
in paragraph (E)(2) of this rule, if work clothes or linens are laundered on
the premises, a mechanical clothes washer and dryer are to be provided and
used. (2) If on premises
laundering is limited to wiping cloths intended to be used moist, or wiping
cloths are air-dried as specified under paragraph (B) of rule 3717-1-04.8 of
the Administrative Code, a mechanical clothes washer and dryer need not be
provided. (F) Utensils - consumer
self-service. A food dispensing utensil is to be available for
each container displayed at a consumer self-service unit such as a buffet or
salad bar. (G) Food temperature measuring
devices. (1) Food temperature
measuring devices are to be provided and readily accessible for use in ensuring
attainment and maintenance of food temperatures as specified under this
chapter. (2) A temperature
measuring device with a suitable small-diameter probe that is designed to
measure the temperature of thin masses is to be provided and readily accessible
to accurately measure the temperature in thin foods such as meat patties and
fish fillets. (H) Food monitoring devices. (1) Food monitoring
devices are to be provided and readily accessible for use in ensuring
attainment and maintenance of critical limits as specified under this
chapter. (2) Food monitoring
devices are to be provided and readily accessible for use in ensuring
attainment and maintenance of critical limits as indicated in a variance issued
by the Ohio department of agriculture or the Ohio department of
health. (I) Temperature measuring devices - manual and mechanical
warewashing. (1) In manual warewashing
operations, a temperature measuring device is to be provided and readily
accessible for frequently measuring the washing and sanitizing
temperatures. (2) In hot water
mechanical warewashing operations, an irreversible registering temperature
indicator is to be provided and readily accessible for measuring the utensil
surface temperature. (J) Sanitizing solutions - testing devices. A test kit or other device that accurately
measures the concentration in ppm (mg/L) of sanitizing solutions is to be
provided. (K) Cleaning agents and sanitizers -
availability. (1) Cleaning agents that
are used to clean equipment and utensils as specified under rule 3717-1-04.5 of
the Administrative Code, are to be provided and available for use during all
hours of operation. (2) Except for those that
are generated on-site at the time of use, chemical sanitizers that are used to
sanitize equipment and utensils as specified under rule 3717-1-04.6 of the
Administrative Code, are to be provided and available for use during all hours
of operation.
Last updated September 5, 2024 at 11:16 AM
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Rule 3717-1-04.3 | Equipment, utensils, and linens: location and installation.
Effective:
September 5, 2024
(A) Equipment, clothes washers and
dryers, and storage cabinets - contamination prevention by properly
locating. (1) Equipment, a cabinet
used for the storage of food, or a cabinet that is used to store cleaned and
sanitized equipment, utensils, laundered linens, single-service articles, or
single-use articles are not to be located: (a) In toilet rooms; (b) In garbage rooms; (c) In mechanical rooms; (d) Under sewer lines that are not shielded to intercept
potential drips; (e) Under leaking water lines including leaking automatic fire
sprinkler heads or under lines on which water has condensed; (f) Under open stairwells; (g) In locker rooms unless it is a storage cabinet used only for
linens, single-service articles, or single-use articles; or (h) Under other sources of contamination. (2) If a mechanical
clothes washer or dryer is provided, it is to be located so that the washer or
dryer is protected from contamination and located where there is no exposed
food; clean equipment, utensils, or linens; or unwrapped single-service or
single-use articles. (B) Fixed equipment installation -
spacing or sealing. (1) Equipment that is
fixed because it is not easily movable is to be installed so that it
is: (a) Spaced to allow access for cleaning along the sides, behind,
and above the equipment; (b) Spaced from adjoining equipment, walls, and ceilings a
distance of not more than one thirty-second inch or one millimeter;
or (c) Sealed to adjoining equipment or walls, if the equipment is
exposed to spillage or seepage. (2) Counter-mounted
equipment that is not easily movable is to be installed to allow cleaning of
the equipment and areas underneath and around the equipment by
being: (a) Sealed; or (b) Elevated on legs as specified under paragraph (C)(2) of this
rule. (C) Fixed equipment installation -
elevation or sealing. (1) Floor-mounted
equipment that is not easily movable is to be sealed to the floor or elevated
on legs that provide at least a six inch (fifteen centimeter) clearance between
the floor and the equipment. This paragraph does not apply: (a) If no part of the floor under the floor-mounted equipment is
more than six inches (fifteen centimeters) from the point of cleaning access,
the clearance space may be only four inches (ten centimeters). (b) To display shelving units, display refrigeration units, and
display freezer units located in the consumer shopping areas of a food service
operation or retail food establishment, if the floor under the units is
maintained clean. (2) Counter-mounted
equipment that is not easily movable is to be elevated on legs that provide at
least a four inch (ten centimeter) clearance between the counter and the
equipment, unless the horizontal distance of the counter top under the
equipment from the point of access for cleaning is no more than: (a) Twenty inches (fifty centimeters) and the clearance space is
at least three inches (7.5 centimeters); or (b) Three inches (7.5 centimeters) and the clearance space is at
least two inches (five centimeters).
Last updated September 5, 2024 at 11:16 AM
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Rule 3717-1-04.4 | Equipment, utensils, and linens: maintenance and operation.
Effective:
September 5, 2024
[Comment: For publication dates of the C.F.R. referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the Administrative Code.] (A) Equipment - good repair and proper adjustment. (1) Equipment will be maintained in a state of repair and condition that meets the requirements specified under rule 3717-1-04 of the Administrative Code and rule 3717-1-04.1 of the Administrative Code. (2) Equipment components such as doors, seals, hinges, fasteners, and kick plates are to be kept intact, tight, and adjusted in accordance with manufacturer's specifications. (3) Cutting or piercing parts of can openers are to be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened. (B) Cutting surfaces. Surfaces such as cutting blocks and boards that are subject to scratching and scoring are to be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded if they are not capable of being resurfaced. (C) Microwave ovens. Microwave ovens are to meet the safety standards specified in 21 C.F.R. 1030.10. (D) Warewashing equipment - cleaning frequency. A warewashing machine; the compartments of sinks, basins, or other receptacles used for washing and rinsing equipment, utensils, or raw foods, or laundering wiping cloths; and drainboards or other equipment used to substitute for drainboards as specified under paragraph (C) of rule 3717-1-04.2 of the Administrative Code are to be cleaned: (1) Before use; (2) Throughout the day at a frequency necessary to prevent recontamination of equipment and utensils and to ensure that the equipment performs its intended function; and (3) If used, at least every twenty-four hours. (E) Warewashing machines - manufacturers' operating instructions. (1) A warewashing machine and its auxiliary components is to be operated in accordance with the machine's data plate and other manufacturer's instructions. (2) A warewashing machine's conveyor speed or automatic cycle times is to be maintained accurately timed in accordance with manufacturer's specifications. (F) Warewashing sinks - use limitation. (1) A warewashing sink is not permitted to be used for handwashing as specified under paragraph (D) of rule 3717-1-02.2 of the Administrative Code. (2) If a warewashing sink is used to wash wiping cloths, wash produce, or thaw food, the sink is to be cleaned as specified under paragraph (D) of this rule before and after each time it is used to wash wiping cloths or wash produce or thaw food. Sinks used to wash or thaw food are to be sanitized as specified under rule 3717-1-04.6 of the Administrative Code before and after using the sink to wash produce or thaw food. (G) Warewashing equipment - cleaning agents. When used for warewashing, the wash compartment of a sink, mechanical warewasher, or wash receptacle of alternative manual warewashing equipment as specified in paragraph (B)(3) of rule 3717-1-04.2 of the Administrative Code, is to contain a wash solution of soap, detergent, acid cleaner, alkaline cleaner, degreaser, abrasive cleaner, or other cleaning agent according to the cleaning agent manufacturer's label instructions. (H) Warewashing equipment - clean solutions. The wash, rinse, and sanitize solutions are to be maintained clean. (I) Manual warewashing equipment - wash solution temperature. The temperature of the wash solution in manual warewashing equipment is to be maintained at not less than one hundred ten degrees Fahrenheit (forty-three degrees Celsius) or the temperature specified on the cleaning agent manufacturer's label instructions. (J) Mechanical warewashing equipment - wash solution temperature. (1) The temperature of the wash solution in spray type warewashers that use hot water to sanitize is not permitted to be less than: (a) For a stationary rack, single temperature machine, one hundred sixty-five degrees Fahrenheit (seventy-four degrees Celsius); (b) For a stationary rack, dual temperature machine, one hundred fifty degrees Fahrenheit (sixty-six degrees Celsius); (c) For a single tank, conveyor, dual temperature machine, one hundred sixty degrees Fahrenheit (seventy-one degrees Celsius); or (d) For a multitank, conveyor, multitemperature machine, one hundred fifty degrees Fahrenheit (sixty-six degrees Celsius). (2) The temperature of the wash solution in spray-type warewashers that use chemicals to sanitize is not permitted to be less than one hundred twenty degrees Fahrenheit (forty-nine degrees Celsius). (K) Manual warewashing equipment - hot water sanitization temperatures. If immersion in hot water is used for sanitizing in a manual operation, the temperature of the water is to be maintained at one hundred seventy-one degrees Fahrenheit (seventy-seven degrees Celsius) or above. (L) Mechanical warewashing equipment - hot water sanitization temperatures. (1) In a mechanical operation, the temperature of the fresh hot water sanitizing rinse as it enters the manifold cannot be more than one hundred ninety-four degrees Fahrenheit (ninety degrees Celsius), or less than: (a) For a stationary rack, single temperature machine, one hundred sixty-five degrees Fahrenheit (seventy-four degrees Celsius); or (b) For all other machines, one hundred eighty degrees Fahrenheit (eighty-two degrees Celsius). (2) The maximum temperatures specified in this paragraph do not apply to the high pressure and temperature systems with wand-type, hand-held, spraying devices used for the in-place cleaning and sanitizing of equipment such as meat saws. (M) Mechanical warewashing equipment - sanitization pressure. The flow pressure of the fresh hot water sanitizing rinse in a warewashing machine, as measured in the water line immediately downstream or upstream from the fresh hot water sanitizing rinse control valve, is to be within the range specified on the machine manufacturer's data plate and not less than five pounds per square inch (thirty-five kilopascals) or more than thirty pounds per square inch (two hundred kilopascals). (N) Manual and mechanical warewashing equipment, chemical sanitization - temperature, pH, concentration, and hardness. A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at contact times specified under paragraph (C)(3) of rule 3717-1-04.6 of the Administrative Code is obligated to meet the criteria specified under paragraph (E) of rule 3717-1-07.1 of the Administrative Code, used in accordance with the EPA-registered label use instructions, and used as follows: (1) A chlorine solution is to have a minimum temperature based on the concentration and pH of the solution as listed in the following chart; | Concentration range | Minimum temperature | | ppm (mg/L) | pH 10 or less F (C) | pH 8 or less F (C) | | 25 - 49 | 120 (49) | 120 (49) | | 50 - 99 | 100 (38) | 75 (24) | | 100 | 55 (13) | 55 (13) |
(2) An iodine solution is to have a: (a) Minimum temperature of sixty-eight degrees Fahrenheit (twenty degrees Celsius); (b) pH of five or less or a pH no higher than the level for which the manufacturer specifies the solution is effective; and (c) Concentration between 12.5 ppm (mg/L) and twenty-five ppm (mg/L). (3) A quaternary ammonium compound solution is to: (a) Have a minimum temperature of seventy-five degrees Fahrenheit (twenty-four degrees Celsius); (b) Have a concentration as specified under paragraph (E) of rule 3717-1-07.1 of the Administrative Code and as indicated by the manufacturer's use directions included in the labeling; and (c) Be used only in water with five hundred ppm (mg/L) hardness or less or in water having a hardness no greater than specified by the EPA-registered label use instructions. (4) If another solution of a chemical specified under paragraphs (N)(1) to (N)(3) of this rule is used, the license holder is obligated to demonstrate to the licensor that the solution achieves sanitization and the use of the solution is to be approved; or (5) If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, it is to be applied in accordance with the EPA-registered label use instructions. (6) If a chemical sanitizer is generated by a device located on-site at the food service operation or retail food establishment it is to be used as specified in paragraphs (N)(1) to (N)(4) of this rule and produced by a device that: (a) Complies with regulation as specified in subparagraphs 2 (q)(1) and 12 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 7 U.S.C. 136 et seq., as amended (2012); (b) Complies with 40 C.F.R. 152.500 and 40 C.F.R. 156.10; (c) Displays the EPA device manufacturing facility registration number on the device; and (d) Is operated and maintained in accordance with manufacturer's instructions. (O) Manual warewashing equipment - chemical sanitization using detergent-sanitizers. If a detergent-sanitizer is used to sanitize in a cleaning and sanitizing procedure where there is no distinct water rinse between the washing and sanitizing steps, the agent applied in the sanitizing step is to be the same detergent-sanitizer that is used in the washing step. (P) Warewashing equipment - determining chemical sanitizer concentration. Concentration of the sanitizing solution is to be accurately determined by using a test kit or other device. (Q) Utensils, temperature and pressure measuring devices - good repair and calibration. (1) Utensils are to be maintained in a state of repair or condition that complies with the requirements specified under rule 3717-1-04 of the Administrative Code and rule 3717-1-04.1 of the Administrative Code or will be discarded. (2) Food temperature measuring devices are to be calibrated in accordance with manufacturer's specifications as necessary to ensure their accuracy. (3) Ambient air temperature, water pressure, and water temperature measuring devices are to be maintained in good repair and be accurate within the intended range of use. (4) To ensure their accuracy, food monitoring devices are to be calibrated in accordance with the manufacturer's specifications before each day of production or as indicated in a variance issued by the Ohio department of agriculture or the Ohio department of health. (R) Single-service and single-use articles. A food service operation or retail food establishment without facilities specified under rule 3717-1-04.5 of the Administrative Code and rule 3717-1-04.6 of the Administrative Code for cleaning and sanitizing kitchenware and tableware may only provide single-use kitchenware, single-service articles, and single-use articles for use by food employees and single-service articles for use by consumers. (S) Single-service articles and single-use articles - use limitations. (1) Single-service articles and single-use articles are not to be reused. (2) The bulk milk container dispensing tube is to be cut on the diagonal leaving no more than one inch protruding from the chilled dispensing head. (T) Shells - use limitation. Mollusk and crustacea shells are not to be used more than once as serving containers.
Last updated September 6, 2024 at 11:42 AM
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Rule 3717-1-04.5 | Equipment, utensils, and linens: cleaning of equipment and utensils.
Effective:
September 5, 2024
(A) Equipment, food-contact surfaces, nonfood-contact surfaces, and utensils. (1) Equipment food-contact surfaces and utensils are to be clean to sight and touch. (2) The food-contact surfaces of cooking equipment and pans are to be kept free of encrusted grease deposits and other soil accumulations. (3) Nonfood-contact surfaces of equipment are to be kept free of an accumulation of dust, dirt, food residue, and other debris. (B) Equipment food-contact surfaces and utensils - cleaning frequency. (1) Equipment food-contact surfaces and utensils are to be cleaned: (a) Except as specified in paragraph (B)(2) of this rule, before each use with a different type of raw animal food such as beef, fish, lamb, pork, or poultry; (b) Each time there is a change from working with raw foods to working with ready-to-eat foods; (c) Between uses with raw fruits and vegetables and with time/temperature controlled for safety food; (d) Before using or storing a food temperature measuring device; and (e) At any time during the operation when contamination may have occurred. (2) Paragraph (B)(1)(a) of this rule does not apply if the food-contact surface or utensil is in contact with a succession of different types of raw meat and poultry each having a higher cooking temperature as specified under paragraph (A) of rule 3717-1-03.3 of the Administrative Code than the previous type. (3) Except as specified in paragraph (B)(4) of this rule, if used with time/temperature controlled for safety food, equipment food-contact surfaces and utensils are to be cleaned throughout the day at least every four hours. (4) Surfaces of utensils and equipment contacting time/temperature controlled for safety food, may be cleaned less frequently than every four hours if: (a) In storage, containers of time/temperature controlled for safety food and their contents are maintained at temperatures specified under rule 3717-1-03.4 of the Administrative Code and the containers are cleaned when they are empty; (b) Utensils and equipment are used to prepare food in a refrigerated room or area that is maintained at one of the temperatures in the following chart and: (i) The utensils and equipment are cleaned at the frequency in the following chart that corresponds to the temperature: | Ambient temperature | Cleaning frequency | | 41°F (5.0°C) or less | 24 hours | | >41°F - 45°F (>5.0°C - 7.2°C) | 20 hours | | >45°F - 50°F (>7.2°C - 10.0°C) | 16 hours | | >50°F - 55°F (>10.0°C - 12.8°C) | 10 hours |
; and (ii) The cleaning frequency based on the ambient temperature of the refrigerated room or area is documented in the food service operation or retail food establishment. (c) Containers in serving situations such as salad bars, delis, and cafeteria lines holding ready-to-eat time/temperature controlled for safety food that is maintained at the temperatures specified under rule 3717-1-03.4 of the Administrative Code, are intermittently combined with additional supplies of the same food that is at the correct temperature, and the containers are cleaned at least every twenty-four hours. (d) Temperature measuring devices are maintained in contact with food, such as when left in a container of deli food or in a roast, held at temperatures specified under rule 3717-1-03.4 of the Administrative Code; (e) Equipment is used for storage of packaged or unpackaged food such as a reach-in refrigerator and the equipment is cleaned at a frequency necessary to preclude accumulation of soil residues; (f) The cleaning schedule is approved by the licensor based on consideration of: (i) Characteristics of the equipment and its use; (ii) The type of food involved; (iii) The amount of food residue accumulation; and (iv) The temperature at which the food is maintained during the operation and the potential for the rapid and progressive multiplication of pathogenic or toxigenic microorganisms that are capable of causing foodborne disease; or (g) In-use utensils are intermittently stored in a container of water in which the water is maintained at one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) or more and the utensils and container are cleaned at least every twenty-four hours or at a frequency necessary to preclude accumulation of soil residues. (5) Except when dry cleaning methods are used as specified under paragraph (E) of this rule, surfaces of utensils and equipment contacting food that is not time/temperature controlled for safety are to be cleaned: (a) At any time when contamination may have occurred; (b) At least every twenty-four hours for iced tea dispensers and consumer self-service utensils such as tongs, scoops, or ladles; (c) Before restocking consumer self-service equipment and utensils such as condiment dispensers and display containers; and (d) In equipment such as ice bins and beverage dispensing nozzles and enclosed components of equipment such as ice makers, cooking oil storage tanks and distribution lines, beverage and syrup dispensing lines or tubes, coffee bean grinders, and water vending equipment or bulk water machines: (i) At a frequency specified by the manufacturer; or (ii) Absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or mold. (C) Cooking and baking equipment - cleaning frequency. (1) The food-contact surfaces of cooking and baking equipment are to be cleaned at least every twenty-four hours. This paragraph does not apply to hot oil cooking and filtering equipment if it is cleaned as specified in paragraph (B)(4)(f) of this rule. (2) The cavities and door seals of microwave ovens are to be cleaned at least every twenty-four hours by using the manufacturer's recommended cleaning procedure. (D) Nonfood-contact surfaces - cleaning frequency. Nonfood-contact surfaces of equipment are to be cleaned at a frequency necessary to preclude accumulation of soil residues. (E) Dry cleaning methods. (1) If used, dry cleaning methods such as brushing, scraping, and vacuuming are to contact only surfaces that are soiled with dry food residues that are not time/temperature controlled for safety. (2) Cleaning equipment used in dry cleaning food-contact surfaces are not to be used for any other purpose. (F) Precleaning methods. (1) Food debris on equipment and utensils is to be scraped over a waste disposal unit or garbage receptacle or be removed in a warewashing machine with a prewash cycle. (2) If necessary for effective cleaning, utensils and equipment may be preflushed, presoaked, or scrubbed with abrasives. (G) Loading of soiled items in warewashing machines. Soiled items to be cleaned in a warewashing machine are to be loaded into racks, trays, or baskets or onto conveyors in a position that: (1) Exposes the items to the unobstructed spray from all cycles; and (2) Allows the items to drain. (H) Wet cleaning methods. (1) Equipment food-contact surfaces and utensils are to be effectively washed to remove or completely loosen soils by using the manual or mechanical means necessary such as the application of detergents containing wetting agents and emulsifiers; acid, alkaline, or abrasive cleaners; hot water; brushes; scouring pads; high-pressure sprays; or ultrasonic devices. (2) The washing procedures selected are to be based on the type and purpose of the equipment or utensil, and on the type of soil to be removed. (I) Washing - procedures for alternative manual warewashing equipment. If washing in sink compartments or a warewashing machine is impractical such as when the equipment is fixed or the utensils are too large, washing is to be done by using alternative manual warewashing equipment as specified in paragraph (B)(3) of rule 3717-1-04.2 of the Administrative Code, in accordance with the following procedures: (1) Equipment is to be disassembled as necessary to allow access of the detergent solution to all parts; (2) Equipment components and utensils are to be scraped or rough cleaned to remove food particle accumulation; and (3) Equipment and utensils are to be washed as specified under paragraph (H)(1) of this rule. (J) Rinsing procedures. Washed utensils and equipment are to be rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of water or a detergent-sanitizer solution by using one of the following procedures: (1) Use of a distinct, separate water rinse after washing and before sanitizing if using: (a) A three-compartment sink; (b) Alternative manual warewashing equipment equivalent to a three-compartment sink as specified in paragraph (B)(3) of rule 3717-1-04.2 of the Administrative Code; or (c) A three-step washing, rinsing, and sanitizing procedure in a warewashing system for CIP equipment. (2) Use of a detergent-sanitizer as specified under paragraph (O) of rule 3717-1-04.4 of the Administrative Code if using: (a) Alternative warewashing equipment as specified in paragraph (B)(3) of rule 3717-1-04.2 of the Administrative Code that is approved for use with a detergent-sanitizer; or (b) A warewashing system for CIP equipment. (3) Use of a nondistinct water rinse that is integrated in the hot water sanitization immersion step of a two-compartment sink operation; (4) If using a warewashing machine that does not recycle the sanitizing solution as specified under paragraph (J)(5) of this rule, or alternative manual warewashing equipment such as sprayers, use of a nondistinct water rinse that is: (a) Integrated in the application of the sanitizing solution; and (b) Wasted immediately after each application; or (5) If using a warewashing machine that recycles the sanitizing solution for use in the next wash cycle, use of a nondistinct water rinse that is integrated in the application of the sanitizing solution.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-04.6 | Equipment, utensils, and linens: sanitizing of equipment and utensils.
Effective:
September 5, 2024
(A) Food - contact surfaces and
utensils. Equipment food-contact surfaces and utensils are
to be sanitized. (B) Sanitizing frequency of utensils and
food-contact surfaces - before use after cleaning. Utensils and food-contact surfaces of equipment
are to be sanitized before use after cleaning. (C) Hot water and chemical sanitizing -
methods. After being cleaned, equipment food-contact
surfaces and utensils are to be sanitized in: (1) Hot water manual
operations by immersion for at least thirty seconds and as specified under
paragraph (K) of rule 3717-1-04.4 of the Administrative Code; (2) Hot water mechanical
operations by being cycled through equipment that is set up as specified under
paragraphs (E), (L), and (M) of rule 3717-1-04.4 of the Administrative Code and
achieving a utensil surface temperature of one hundred sixty degrees Fahrenheit
(seventy-one degrees Celsius) as measured by an irreversible registering
temperature indicator; or (3) Chemical manual or
mechanical operations, including the application of sanitizing chemicals by
immersion, manual swabbing, brushing, or pressure spraying methods, using a
solution as specified under paragraph (N) of rule 3717-1-04.4 of the
Administrative Code by providing: (a) Except as specified under paragraph (C)(3)(b) of this rule, a
contact time of at least ten seconds for a chlorine solution specified under
paragraph (N)(1) of rule 3717-1-04.4 of the Administrative Code; (b) A contact time of at least seven seconds for a chlorine
solution of fifty ppm (mg/L) that has a pH of ten or less and a temperature of
at least one hundred degrees Fahrenheit (thirty-eight degrees Celsius) or a pH
of eight or less and a temperature of at least seventy-five degrees Fahrenheit
(twenty-four degrees Celsius); (c) A contact time of at least thirty seconds for other chemical
sanitizing solutions; or (d) A contact time used in relationship with a combination of
temperature, concentration, and pH that, when evaluated for efficacy, yields
sanitization.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-04.7 | Equipment, utensils, and linens: laundering.
Effective:
September 5, 2024
(A) Clean linens. Clean linens are to be free from food residues
and other soiling matter. (B) Frequency of laundering -
specifications. (1) Linens that do not
come in direct contact with food are to be laundered between operations if they
become wet, sticky, or visibly soiled. (2) Cloth gloves used as
specified in paragraph (N)(3) of rule 3717-1-03.2 of the Administrative Code
are to be laundered before being used with a different type of raw animal food
such as beef, fish, lamb, pork, or poultry. (3) Linens that are used
as specified under paragraph (L) of rule 3717-1-03.2 of the Administrative Code
and cloth napkins are to be laundered between each use. (4) Wet wiping cloths are
to be laundered daily. (5) Dry wiping cloths are
to be laundered as necessary to prevent contamination of food and clean serving
utensils. (C) Storage of soiled linens -
methods. Soiled linens are to be kept in clean,
nonabsorbent receptacles or clean, washable laundry bags and stored and
transported to prevent contamination of food, clean equipment, clean utensils,
single-service articles, and single-use articles. (D) Mechanical washing. (1) Except as specified
in paragraph (D)(2) of this rule, linens are to be mechanically
washed. (2) In a food service
operation or retail food establishment in which only wiping cloths are
laundered as specified in paragraph (E) of rule 3717-1-04.2 of the
Administrative Code, the wiping cloths may be laundered in a mechanical washer,
sink designated only for laundering wiping cloths, or a warewashing or food
preparation sink that is cleaned as specified under paragraph (D) of rule
3717-1-04.4 of the Administrative Code. (E) Use of laundry
facilities. (1) Except as specified
in paragraph (E)(2) of this rule, laundry facilities on the premises of a food
service operation or retail food establishment are to be used only for the
washing and drying of items used in the operation of the food service operation
or retail food establishment. (2) Separate laundry
facilities located on the premises for the purpose of general laundering such
as for institutions providing boarding and lodging may also be used for
laundering food service operation or retail food establishment
items.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-04.8 | Equipment, utensils, and linens: protection of clean items.
Effective:
September 5, 2024
(A) Equipment and utensils -
air-drying. After cleaning and sanitizing, equipment and
utensils: (1) Are to be air-dried
or used after adequate draining before contact with food; and (2) Are not to be cloth
dried. Utensils that have been air-dried may be polished with cloths that are
maintained clean and dry. (B) Wiping cloths - air-drying
locations. Wiping cloths laundered in a food service
operation or retail food establishment that does not have a mechanical clothes
dryer as specified in paragraph (E) of rule 3717-1-04.2 of the Administrative
Code are to be air-dried in a location and in a manner that prevents
contamination of food, equipment, utensils, linens, single-service articles, or
single-use articles, and the wiping cloths. This paragraph does not apply if
wiping cloths are stored after laundering in a sanitizing solution as specified
under paragraph (N) of rule 3717-1-04.4 of the Administrative Code. (C) Food-contact surfaces -
lubricating. Lubricants as specified under paragraph (I) of
rule 3717-1-07.1 of the Administrative Code are to be applied to food-contact
surfaces that need lubrication in a manner that does not contaminate
food-contact surfaces. (D) Equipment -
reassembling. Equipment is to be reassembled so that
food-contact surfaces are not contaminated. (E) Equipment, utensils, linens,
single-service articles, and single-use articles - storage. (1) Cleaned equipment and
utensils, laundered linens, single-service articles, and single-use articles
are to be stored: (a) In a clean, dry location; (b) Where they are not exposed to splash, dust, or other
contamination; and (c) At least six inches (fifteen centimeters) above the floor
unless the items are kept in closed packages on dollies, pallets, racks, and
skids that are designed as specified under paragraph (JJ) of rule 3717-1-04.1
of the Administrative Code. (2) Clean equipment and
utensils are to be stored as specified under paragraph (E)(1) of this rule and
will be stored: (a) In a self-draining position that allows air drying;
and (b) Covered or inverted. (3) Single-service and
single-use articles are to be stored as specified under paragraph (E)(1) of
this rule and are to be kept in the original protective package or stored by
using other means that afford protection from contamination until
used. (F) Storage - excluded
locations. Cleaned and sanitized equipment, utensils,
laundered linens, single-service articles, or single-use articles are not
permitted to be stored: (1) In locker rooms,
except for laundered linens, single-service articles, and single-use articles
that are packaged or in a facility such as a cabinet; (2) In toilet
rooms; (3) In garbage
rooms; (4) In mechanical
rooms; (5) Under sewer lines
that are not shielded to intercept potential drips; (6) Under leaking water
lines including leaking automatic fire sprinkler heads or under lines on which
water has condensed; (7) Under open
stairwells; or (8) Under other sources
of contamination. (G) Kitchenware and tableware -
handling. (1) Single-service
articles, single-use articles, and cleaned and sanitized utensils are to be
handled, displayed, and dispensed so that contamination of food-contact and
lip-contact surfaces is prevented. (2) Knives, forks, and
spoons that are not prewrapped are to be presented so that only the handles are
touched by employees and by consumers if consumer self-service is
provided. (3) Except as specified
under paragraph (G)(2) of this rule, single-service articles that are intended
for food-contact or lip-contact are to be furnished for consumer self-service
with the original individual wrapper intact or from an approved
dispenser. (H) Soiled and clean tableware -
handling. Soiled tableware is to be removed from consumer
eating and drinking areas and handled so that clean tableware is not
contaminated. (I) Preset tableware. (1) Except as specified
in paragraph (I)(2) of this rule, tableware that is preset is to be protected
from contamination by being wrapped, covered, or inverted. (2) Preset tableware may
be exposed if: (a) Unused settings are removed when a consumer is seated;
or (b) Settings not removed when a consumer is seated are cleaned
and sanitized before further use. (J) Rinsing equipment and utensils after
cleaning and sanitizing. After being cleaned and sanitized, equipment and
utensils are not be rinsed before air drying or use unless: (1) The rinse is applied
directly from a potable water supply by a warewashing machine that is
maintained and operated as specified under rules 3717-1-04.1 and 3717-1-04.4 of
the Administrative Code; and (2) The rinse is applied
only after the equipment and utensils have been sanitized by the application of
hot water or by the application of a chemical sanitizer solution whose EPA
registered label use instructions call for rinsing off the sanitizer after it
is applied in a commercial warewashing machine.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-05 | Water, plumbing, and waste: water.
Effective:
September 5, 2024
[Comment: For publication dates of the C.F.R.
referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the
Administrative Code.] (A) Source - approved
system. Drinking water is to be obtained from an approved
source that is: (1) A public water system
that is constructed, maintained and operated in accordance with Chapter 6109.
of the Revised Code and the rules adopted thereunder; or (2) A private water
system that is constructed, maintained, and operated in accordance with section
3701.344 of the Revised Code and Chapter 3701-28 of the Administrative
Code. (B) System flushing, development, and
disinfection. A drinking water system is to be flushed,
developed, and disinfected in accordance with Chapter 3701-28 of the
Administrative Code or Chapter 3745-9 of the Administrative Code, as
applicable, before being placed in service after construction, repair, or
modification and after an emergency situation, such as a flood, that may
introduce contaminants to the system. (C) Bottled drinking water. Bottled drinking water used or sold in a food
service operation or a retail food establishment is to be obtained from
approved sources in accordance with 21 C.F.R. 129. (D) Drinking water - quality
standards. Except as specified under paragraph (E) of this
rule: (1) Water from a public
water system is to meet 40 C.F.R. 141, Chapter 3745-81 of the Administrative
Code and Chapter 3745-82 of the Administrative Code; and (2) Water from a private
water system is to meet water quality standards established in Chapter 3701-28
of the Administrative Code. (E) Nondrinking water. (1) A nondrinking water
supply is to be used only if its use is approved. (2) Nondrinking water is
to be used only for nonculinary purposes such as air conditioning, nonfood
equipment cooling, and fire protection. (F) Private water system -
sampling. Except when used as specified under paragraph (E)
of this rule, water from a private water system is to be sampled and tested at
least annually for the presence of total coliforms or other tests as mandated
by the director of health or the director of agriculture and by Chapter 3701-28
of the Administrative Code. (G) Private water - water quality
analysis. The most recent water quality analysis for the
private water system is to be retained on file in the food service operation or
retail food establishment, and maintained as specified by Chapter 3701-28 of
the Administrative Code. (H) Capacity. (1) The water source and
system is to be of sufficient capacity to meet the peak water demands of the
food service operation or retail food establishment. (2) Hot water generation
and distribution systems are to be sufficient to meet the peak hot water
demands throughout the food service operation or retail food
establishment. (I) Pressure. Water under pressure is to be provided to all
fixtures, equipment, and nonfood equipment that use water. Water supplied as
specified under paragraphs (K)(1) and (K)(2) of this rule to a temporary food
service operation or temporary retail food establishment or in response to a
temporary interruption of a water supply need not be under pressure. (J) Distribution, delivery, retention -
system. Water is to be received from the source through
the use of: (1) An approved public
water distribution system; or (2) One or more of the
following that are constructed, maintained, and operated according to Chapter
3701-28 of the Administrative Code: (a) Private water distribution system, water pumps, pipes, hoses,
connections, and other appurtenances; (b) Water transport vehicles; or (c) Water containers. (K) Alternative water
supply. Water meeting the requirements specified under
paragraphs (A) to (I) of this rule is to be made available for a mobile or
temporary food service operation, a mobile or temporary retail food
establishment without a permanent water supply; and for a food service
operation or retail food establishment with a temporary interruption of its
water supply through: (1) A supply of
containers of commercially bottled drinking water; (2) One or more closed
portable water containers; (3) An enclosed vehicular
water tank that meets the requirements of Chapter 3701-28 of the Administrative
Code; (4) An on-premises water
storage tank that meets the requirements of Chapter 3701-28 of the
Administrative Code; or (5) Piping, tubing, or
hoses, composed of materials that meet NSF standard 61 or equivalent, connected
to an adjacent approved source.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-05.1 | Water, plumbing, and waste: plumbing system.
Effective:
September 5, 2024
(A) Materials - approved. (1) A plumbing system and
hoses conveying water are to be constructed and repaired with approved
materials that meet NSF standard 61 or equivalent. (2) A water filter is to
be made of safe materials. (B) Approved system and cleanable
fixtures. (1) A plumbing system is
to be designed, constructed, and installed according to the Ohio plumbing
code. (2) A plumbing fixture
such as a handwashing sink, toilet, or urinal is to be easily
cleanable. (C) Handwashing sink -
installation. (1) A handwashing sink is
to be equipped to provide water at a temperature of at least eighty-five
degrees Fahrenheit (twenty-nine and four tenths degrees Celsius) through a
mixing valve or combination faucet. (2) A steam mixing valve
cannot be used at a handwashing sink. (3) A self-closing,
slow-closing, or metering faucet is to provide a flow of water for at least
fifteen seconds without the need to reactivate the faucet. (4) An automatic
handwashing facility is to be installed in accordance with manufacturer's
instructions. (D) Backflow prevention - air
gap. An air gap between the water supply inlet and the
flood level rim of the plumbing fixture, equipment, or nonfood equipment is to
be at least twice the diameter of the water supply inlet and not less than one
inch (twenty-five millimeters). (E) Backflow prevention device - design
standard. A backflow or backsiphonage prevention device
installed on a water supply system is to meet American society of sanitary
engineering (ASSE) standards and as referenced in the Ohio plumbing code for
construction, installation, maintenance, inspection, and testing for that
specific application and type of device. (F) Conditioning device -
design. A water filter, screen, and other water
conditioning device installed on water lines is to be designed to facilitate
disassembly for periodic servicing and cleaning. A water filter element is to
be replaceable. (G) Handwashing sinks. At least one handwashing sink, a number of
handwashing sinks necessary for their convenient use by food employees in areas
specified under paragraph (L) of this rule, and not fewer than the number of
handwashing sinks mandated by the Ohio plumbing code is to be provided. This
paragraph does not preclude the use of, when approved by the licensor,
automatic handwashing facilities that are capable of removing the types of
soils encountered in the food operation if the food service operation or retail
food establishment has at least one handwashing sink. (H) Toilets and urinals -
number. Toilets and urinals are to be provided according
to the Ohio plumbing code. (I) Service sink - number. At least one service sink or one curbed cleaning
facility equipped with a floor drain is to be provided and conveniently located
for the cleaning of mops or similar wet floor cleaning tools and for the
disposal of mop water and similar liquid waste. (J) Backflow prevention device - when
needed. A plumbing system is to be installed to preclude
backflow of a solid, liquid, or gas contaminant into the water supply system at
each point of use at the food service operation or retail food establishment,
including on a hose bibb if a hose is attached or on a hose bibb if a hose is
not attached and backflow prevention is mandated by the Ohio plumbing code,
by: (1) Providing an air gap
as specified under paragraph (D) of this rule; or (2) Installing an
approved backflow prevention device as specified under paragraph (E) of this
rule. (K) Backflow prevention device -
carbonator. A backflow prevention device is to be provided on
a carbonator as mandated by the Ohio plumbing code. (L) Handwashing sinks - location and
placement. A handwashing sink is to be located: (1) To allow convenient
use by food employees in food preparation, food dispensing, and warewashing
areas; and (2) In, or immediately
adjacent to, toilet rooms. (M) Backflow prevention device -
location. A backflow prevention device is to be located so
that it may be serviced and maintained. (N) Conditioning device -
location. A water filter, screen, and other water
conditioning device installed on water lines is to be located to facilitate
disassembly for periodic servicing and cleaning. (O) Using a handwashing sink - operation
and maintenance. (1) A handwashing sink is
to be maintained so that it is accessible at all times for employee
use. (2) A handwashing sink
may only be used for handwashing. (3) An automatic
handwashing facility is to be used in accordance with manufacturer's
instructions. (P) Preventing a cross
connection. (1) A cross connection by
connecting a pipe or conduit between the drinking water system and a
nondrinking water system or a water system of unknown quality is not
permitted. (2) The piping of a
nondrinking water system is to be durably identified so that it is readily
distinguishable from piping that carries drinking water. (Q) Scheduling inspection and service for
a water system device. A device such as a water treatment device or
backflow preventer is to be scheduled for inspection and service, in accordance
with manufacturer's instructions and as necessary to prevent device
failure based on local water conditions, and records demonstrating inspection
and service are to be maintained by the person in charge. (R) Water reservoir of fogging devices -
cleaning. (1) A reservoir that is
used to supply water to a device such as a produce fogger is to
be: (a) Maintained in accordance with manufacturer's
specifications; and (b) Cleaned in accordance with manufacturer's specifications
or according to the procedures specified under paragraph (R)(2) of this rule,
whichever is more stringent. (2) Cleaning procedures
are to include at least the following steps and be conducted at least once a
week: (a) Draining and complete disassembly of the water and aerosol
contact parts; (b) Brush-cleaning the reservoir, aerosol tubing, and discharge
nozzles with a suitable detergent solution; (c) Flushing the complete system with water to remove the
detergent solution and particulate accumulation; and (d) Rinsing by immersing, spraying, or swabbing the reservoir,
aerosol tubing, and discharge nozzles with at least fifty ppm (mg/L)
hypochlorite solution. (S) Plumbing system - maintained in good
repair. A plumbing system is to be: (1) Repaired according to
the Ohio plumbing code; and (2) Maintained in good
repair.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-05.2 | Mobile water tanks.
Effective:
September 5, 2024
(A) Materials - approved. Materials that are used in the construction of
mobile water tanks, and appurtenances are to be: (1) Safe; (2) Durable,
corrosion-resistant, and nonabsorbent; (3) Finished to have a
smooth, easily cleanable surface; and (4) Constructed of
materials that meet NSF standard 61 or the equivalent. (B) Enclosed system and sloped to
drain. A mobile water tank is to be: (1) Enclosed from the
filling inlet to the discharge outlet; and (2) Sloped to an outlet
that allows complete drainage of the tank. (C) Inspection and cleaning port -
protected and secured. If a water tank is designed with an access port
for inspection and cleaning, the opening is to be in the top of the tank
and: (1) Flanged upward at
least one-half inch (thirteen millimeters); and (2) Equipped with a port
cover assembly that is: (a) Provided with a gasket and a device for securing the cover in
place; and (b) Flanged to overlap the opening and sloped to
drain. (D) "V" type threads - use
limitation. A fitting with "V" type threads on a
water tank inlet or outlet is to be allowed only when a hose is permanently
attached. (E) Tank vent - protected. If provided, a water tank vent is to terminate in
a downward direction and be covered with: (1) Sixteen mesh to one
inch (sixteen mesh to 25.4 millimeters) screen or equivalent when the vent is
in a protected area; or (2) A protective filter
when the vent is in an area that is not protected from windblown dirt and
debris. (F) Inlet and outlet - sloped to
drain. (1) A water tank and its
inlet and outlet is to be sloped to drain. (2) A water tank inlet is
to be positioned so that it is protected from contaminants such as waste
discharge, road dust, oil, or grease. (G) Hose - construction and
identification. A hose used for conveying drinking water from a
water tank is to be: (1) Safe; (2) Durable,
corrosion-resistant, and nonabsorbent; (3) Resistant to pitting,
chipping, crazing, scratching, scoring, distortion, and
decomposition; (4) Finished with a
smooth interior surface; (5) Clearly and durably
identified as to its use if not permanently attached; and (6) Constructed of
materials that meet NSF standard 61 or the equivalent. (H) Filter - compressed air. A filter that does not pass oil or oil vapors is
to be installed in the air supply line between the compressor and drinking
water system when compressed air is used to pressurize the water tank
system. (I) Protective cover or
device. A cap and keeper chain, closed cabinet, closed
storage tube, or other approved protective cover or device is to be provided
for a water inlet, outlet, and hose. (J) Mobile water tank inlet -
construction. A mobile food service operation's or a
mobile retail food establishment's water tank inlet is to be: (1) Three-fourths inch
(19.1 millimeters) in inner diameter or less; and (2) Provided with a hose
connection of a size or type that will prevent its use for any other
service. (K) System flushing and
disinfection. A water tank, pump, and hoses are to be flushed
and disinfected according to the procedure in Chapter 3701-28 of the
Administrative Code before being placed in service and after construction,
repair, modification, and periods of nonuse. (L) Using a pump and hoses - backflow
prevention. A person is to operate a water tank, pump, and
hoses so that backflow and other contamination of the water supply are
prevented. (M) Protecting inlet, outlet, and hose
fitting. If not in use, a water tank and hose inlet and
outlet fitting is to be protected using a cover or device as specified under
paragraph (I) of this rule. (N) Tank, pump, and hoses -
dedication. (1) Except as specified
in paragraph (N)(2) of this rule, a water tank, pump, or hose used for
conveying drinking water is to be used for no other purpose. (2) Water tanks, pumps,
and hoses approved for liquid foods may be used to convey drinking water if
they are cleaned and sanitized before being used to convey water.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-05.3 | Water, plumbing, and waste: sewage, other liquid waste, and rainwater.
Effective:
September 5, 2024
(A) Mobile holding tank - capacity and
drainage. A sewage holding tank in a mobile food service
operation or mobile retail food establishment is to be: (1) Sized fifteen per
cent larger in capacity than the water supply tank; and (2) Sloped to a drain
that is one inch (twenty-five millimeters) in inner diameter or greater, and
equipped with a shut-off valve. (B) Drainage system. Food service operation or retail food
establishment drainage systems, including grease traps, that convey sewage are
to be designed and installed as specified under paragraph (B)(1) of rule
3717-1-05.1 of the Administrative Code. (C) Backflow prevention. (1) Except as specified
in paragraph (C)(2) of this rule, a drain originating from equipment in which
food, portable equipment, or utensils are placed, such as a culinary sink or
three compartment sink, is to contain an indirect connection as specified in
the Ohio plumbing code. (2) Paragraph (C)(1) of
this rule does not apply to floor drains that originate in refrigerated spaces
that are constructed as an integral part of the building. (D) Grease trap - location and
placement. If used, a grease trap is to be located to be
easily accessible for cleaning. (E) Conveying sewage. Sewage is to be conveyed to the point of disposal
through an approved sanitary sewage system or other system, including use of
sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and
connections that are constructed, maintained, and operated according to
law. (F) Removing mobile food service
operation or mobile retail food establishment wastes. Sewage and other liquid wastes are to be removed
from a mobile food service operation or mobile retail food establishment at an
approved waste servicing area or by a sewage transport vehicle in such a way
that a public health hazard or nuisance is not created. (G) Flushing a waste retention
tank. A tank for liquid waste retention is to be
thoroughly flushed and drained in a sanitary manner during the servicing
operation. (H) Disposal facility - approved sewage
treatment system. Sewage is to be treated through a facility that
is: (1) A public sewage
treatment plant; or (2) An individual sewage
treatment system that is sized, constructed, maintained, and operated according
to law. (I) Other liquid wastes and
rainwater. Condensate drainage and other nonsewage liquids
and rainwater are to be drained from point of discharge to disposal according
to law.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-05.4 | Water, plumbing, and waste: refuse, recyclables, and returnables.
Effective:
September 5, 2024
(A) Indoor storage area. If located within the food service operation or
retail food establishment, a storage area for refuse, recyclables, or
returnables is to meet the requirements specified under paragraph (A)(1) of
rule 3717-1-06 of the Administrative Code and paragraphs (A) to (H), (M), and
(N) of rule 3717-1-06.1 of the Administrative Code. (B) Outdoor storage surface. An outdoor storage surface for refuse,
recyclables, or returnables is to be constructed of nonabsorbent material such
as concrete or asphalt and shall be smooth, durable, and sloped to
drain. (C) Outdoor enclosure. If used, an outdoor enclosure for refuse,
recyclables, or returnables is to be constructed of durable and cleanable
materials. (D) Receptacles. (1) Except as specified
in paragraph (D)(2) of this rule, receptacles and waste handling units for
refuse, recyclables, or returnables and for use with materials containing food
residue are to be durable, cleanable, insect-resistant and rodent-resistant,
leakproof, and nonabsorbent. (2) Plastic and wet
strength paper bags may be used to line receptacles for storage inside the food
service operation or retail food establishment, or within closed outside
receptacles. (E) Receptacles in vending
machines. A refuse receptacle is not permitted within a
vending machine. (F) Outside receptacles. (1) Receptacles and waste
handling units for refuse, recyclables, or returnables used with materials
containing food residue and used outside the food service operation or retail
food establishment are to be designed and constructed to have tight-fitting
lids, doors, or covers. (2) Receptacles and waste
handling units for refuse or recyclables such as an on-site compactor are to be
installed so that accumulation of debris and insect and rodent attraction and
harborage are minimized and effective cleaning is facilitated around and, if
the unit is not installed flush with the base pad, under the unit. (G) Storage areas, rooms, and receptacles
- capacity and availability. (1) An inside storage
room and area, outside storage area and enclosure, and receptacles is to be of
sufficient capacity to hold refuse, recyclables, and returnables that
accumulate. (2) A receptacle is to be
provided in each area of the food service operation, retail food establishment
or premises where refuse is generated or commonly discarded, or where
recyclables or returnables are placed. (3) If disposable towels
are used at handwashing sinks, a waste receptacle is to be located at each sink
or group of adjacent sinks. (H) Toilet room receptacle -
covered. A toilet room used by females is to be equipped
with a covered receptacle for sanitary napkins. (I) Cleaning implements and
supplies. Suitable cleaning implements and supplies such as
high pressure pumps, hot water, steam, and detergent are to be provided as
necessary for effective cleaning of receptacles and waste handling units for
refuse, recyclables, and returnables. If approved by the licensor,
off-premises-based cleaning services may be used when on-premises cleaning
implements and supplies are not provided. (J) Storage areas, redeeming machines,
receptacles and waste handling units - location. (1) An area designated
for refuse, recyclables, returnables, or a redeeming machine for recyclables or
returnables, is to be located so that it is separate from food, equipment,
utensils, linens, single-service articles, and single-use articles and a public
health hazard or nuisance is not created. (2) A redeeming machine
may be located in the packaged food storage area or consumer area of a food
service operation or retail food establishment if food, equipment, utensils,
linens, single-service articles, or single-use articles are not subject to
contamination from the machines and a public health hazard or nuisance is not
created. (3) The location of receptacles and waste
handling units for refuse, recyclables, or returnables cannot create a public
health hazard or nuisance or interfere with the cleaning of adjacent
space. (K) Storing refuse, recyclables, and
returnables. Refuse, recyclables, and returnables are to be
stored in receptacles or waste handling units so that they are inaccessible to
insects and rodents. (L) Areas, enclosures, and receptacles -
good repair. Storage areas, enclosures, and receptacles for
refuse, recyclables, or returnables are to be maintained in good repair. (M) Outside storage
limitations. (1) Except as specified
in paragraph (M)(2) of this rule, refuse receptacles not meeting the
requirements specified under paragraph (D) of this rule, such as receptacles
that are not rodent-resistant, unprotected plastic bags and paper bags, or
baled units that contain materials with food residue cannot be stored
outside. (2) Cardboard or other
packaging material that does not contain food residues and that is awaiting
regularly scheduled delivery to a recycling or disposal site may be stored
outside without being in a covered receptacle if it is stored so that it does
not create a rodent harborage problem. (N) Covering receptacles. Receptacles and waste handling units for refuse,
recyclables, or returnables are to be kept covered: (1) Inside the food
service operation or retail food establishment if the receptacles and
units: (a) Contain food residue and are not in continuous use;
or (b) After they are filled; and (2) With tight-fitting
lids or doors if kept outside the food service operation or retail food
establishment. (O) Using drain plugs. Drains in receptacles and waste handling units
for refuse, recyclables, or returnables are to have drain plugs in
place. (P) Maintaining refuse areas and
enclosures. A storage area and enclosure for refuse,
recyclables, or returnables is to be maintained clean and free of unnecessary
items, as specified under paragraph (N) of rule 3717-1-06.4 of the
Administrative Code. (Q) Cleaning receptacles. (1) Receptacles and waste
handling units for refuse, recyclables, or returnables are to be thoroughly
cleaned in a way that does not contaminate food, equipment, utensils, linens,
single-service articles, or single-use articles, and waste water is to be
disposed of as specified under paragraph (E) of rule 3717-1-05.3 of the
Administrative Code. (2) Soiled receptacles
and waste handling units for refuse, recyclables, and returnables are to be
cleaned at a frequency necessary to prevent them from developing a buildup of
soil or becoming attractants for insects and rodents. (R) Removal - frequency. Refuse, recyclables, or returnables are to be
removed from the premises at a frequency that will minimize the development of
objectionable odors and other conditions that attract or harbor insects and
rodents. (S) Receptacles or vehicles. Refuse, recyclables, and returnables are to be
removed from the premises by way of: (1) Portable receptacles
that are constructed and maintained so that a nuisance is not created;
or (2) A transport vehicle
that is constructed, maintained, and operated so that a nuisance is not
created. (T) Facilities for disposal and recycling
- community or individual facility. Solid waste not disposed of through the sewage
system such as through grinders and pulpers is to be recycled or disposed of in
an approved public or private community recycling or refuse facility; or solid
waste is to be disposed of in an individual refuse facility such as a landfill
or incinerator which is sized, constructed, maintained, and operated according
to law.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-06 | Physical facilities: materials for construction and repair.
(A) Indoor areas - surface
characteristics (1) Except as specified
in paragraph (A)(2) of this rule, materials for indoor floor, wall, and ceiling
surfaces under conditions of normal use are to be: (a) Smooth, durable, and easily cleanable for areas where food
service operation or retail food establishment activities are
conducted; (b) Closely woven and easily cleanable carpet for carpeted areas;
and (c) Nonabsorbent for areas subject to moisture such as food
preparation areas, walk-in refrigerators, warewashing areas, toilet rooms,
mobile food service operation or mobile retail food establishment servicing
areas, and areas subject to flushing or spray cleaning methods. (2) In a temporary food
service operation or temporary retail food establishment: (a) A floor if graded to drain, may be concrete, machine-laid
asphalt; or dirt or gravel if it is covered with mats, removable platforms,
duckboards, or other approved materials that are effectively treated to control
dust and mud; and (b) Walls and ceilings may be constructed of a material that
protects the interior from the weather and windblown dust and
debris. (B) Outdoor areas - surface
characteristics (1) The outdoor walking
and driving areas are to be surfaced with concrete, asphalt, or gravel or other
materials that have been effectively treated to minimize dust, facilitate
maintenance, and prevent muddy conditions. (2) Exterior surfaces of
buildings and mobile food service operations or mobile retail food
establishments are to be of weather-resistant materials. (3) Outdoor storage areas
for refuse, recyclables, or returnables are to be of materials specified under
paragraphs (B) and (C) of rule 3717-1-05.4 of the Administrative
Code.
Last updated September 9, 2024 at 1:53 PM
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Rule 3717-1-06.1 | Physical facilities: design, construction, and installation.
Effective:
September 5, 2024
(A) Floors, walls, and
ceilings. Except as specified under paragraph (D) of this
rule and except for antislip floor coverings or applications that may be used
for safety reasons, floors, floor coverings, walls, wall coverings, and
ceilings are to be designed, constructed, and installed so they are smooth and
easily cleanable. (B) Floors, walls and ceilings - utility
lines. (1) Utility service lines
and pipes cannot be unnecessarily exposed. (2) Exposed utility
service lines and pipes are to be installed so they do not obstruct or prevent
cleaning of the floors, walls, or ceilings. (3) Exposed horizontal
utility service lines and pipes cannot be installed on the floor. (C) Floor and wall junctures - coved, and
enclosed or sealed. (1) In food service
operations or retail food establishments in which cleaning methods other than
water flushing are used for cleaning floors, the floor and wall junctures are
to be coved and closed to no larger than one thirty-second inch (one
millimeter). (2) The floors in food
service operations or retail food establishments where water flush cleaning
methods are used are to be provided with drains and be graded to drain, and the
floor and wall junctures are to be coved and sealed. (D) Floor carpeting - restrictions and
installation. (1) A floor covering such
as carpeting or similar material cannot be installed as a floor covering in
food preparation areas, walk-in refrigerators, warewashing areas, toilet room
areas where handwashing sinks, toilets, and urinals are located, refuse storage
rooms, or other areas where the floor is subject to moisture, flushing, or
spray cleaning methods. (2) If carpeting is
installed as a floor covering in areas other than those specified under
paragraph (D)(1) of this rule, it is to be: (a) Securely attached to the floor with a durable mastic, by
using a stretch and tack method, or by another method; and (b) Installed tightly against the wall under the coving or
installed away from the wall with a space between the carpet and the wall and
with the edges of the carpet secured by metal stripping or some other
means. (E) Floor covering - mats and
duckboards. Mats and duckboards are to be designed to be
removable and easily cleanable. (F) Wall and ceiling - coverings and
coatings. (1) Wall and ceiling
covering materials are to be attached so that they are easily
cleanable. (2) Except in areas used
only for dry storage, concrete, porous blocks, or bricks used for indoor wall
construction are to be finished and sealed to provide a smooth, nonabsorbent,
easily cleanable surface. (G) Walls and ceilings -
attachments. (1) Except as specified
in paragraph (G)(2) of this rule, attachments to walls and ceilings such as
light fixtures, mechanical room ventilation system components, vent covers,
wall mounted fans, decorative items, and other attachments are to be easily
cleanable. (2) Paragraph (G)(1) of
this rule does not apply to wall and ceiling surfaces and decorative items and
attachments that are provided for ambiance in a consumer area if they are kept
clean. (H) Walls and ceilings - studs, joists,
and rafters. Except for temporary food service operations or
temporary retail food establishments, studs, joists, and rafters are not to be
exposed in areas subject to moisture. (I) Light bulbs - protective
shielding. (1) Except as specified
in paragraph (I)(2) of this rule, light bulbs are to be shielded, coated, or
otherwise shatter-resistant in areas where there is exposed food; clean
equipment, utensils, or linens; or unwrapped single-service or single-use
articles. (2) Paragraph (I)(1) of
this rule does not apply in areas used only for storing food in unopened
packages, if: (a) The integrity of the packages cannot be affected by
broken glass falling onto them; and (b) The packages are capable of being cleaned of debris
from broken bulbs before the packages are opened. (3) An infrared or other heat lamp is to
be protected against breakage by a shield surrounding and extending beyond the
bulb so that only the face of the bulb is exposed. (J) Heating, ventilating, and air
conditioning system vents. Heating, ventilating, and air conditioning
systems are to be designed and installed according to the Ohio building code
and so that make-up air intake and exhaust vents do not cause contamination of
food, food-contact surfaces, equipment, or utensils. (K) Insect control devices - design and
installation. (1) Insect control
devices that are used to electrocute or stun flying insects are to be designed
to retain the insect within the device. (2) Insect control
devices are to be installed so that: (a) The devices are not located over a food preparation area;
and (b) Dead insects and insect fragments are prevented from being
impelled onto or falling on exposed food; clean equipment, utensils, and
linens; and unwrapped single-service and single-use articles. (L) Toilet rooms - enclosed. Except where a toilet room is located outside a
food service operation or retail food establishment and does not open directly
into the food preparation area of a food service operation or retail food
establishment, such as a toilet room that is provided by the management of a
shopping mall or a toilet room designed so as not to need a door that opens
into the sales area of a retail food establishment, a toilet room located on
the premises is to be completely enclosed and provided with a tight-fitting and
self-closing door. (M) Outer openings -
protected. (1) Except as provided in
paragraphs (M)(3) and (M)(4) of this rule, outer openings of a food service
operation or retail food establishment are to be protected against the entry of
insects and rodents by: (a) Filling or closing holes and other gaps along floors, walls,
and ceilings; (b) Closed, tight-fitting windows; and (c) Solid, self-closing, tight-fitting doors. (2) Paragraph (M)(1) of
this rule does not apply if a food service operation or retail food
establishment opens into a larger structure, such as a mall, airport, or office
building, or into an attached structure, such as a porch, and the outer
openings from the larger or attached structure are protected against the entry
of insects and rodents. (3) Exterior emergency exit doors need
not be self-closing if they are: (a) Solid and tight-fitting; (b) Designated for use only when an emergency exists, by the fire
protection authority that has jurisdiction over the food service operation or
retail food establishment; and (c) Limited-use so they are not used for entrance or exit from
the building for purposes other than the designated emergency exit
use. (4) Except as specified in paragraphs
(M)(2) and (M)(5) of this rule, if the windows or doors of a food service
operation or retail food establishment, or of a larger structure within which a
food service operation or retail food establishment is located, are kept open
for ventilation or other purposes or a temporary food service operation or
temporary retail food establishment is not provided with windows and doors as
specified under paragraph (M)(1) of this rule, the openings are to be protected
against the entry of insects and rodents by: (a) Sixteen mesh to one inch (sixteen mesh to 25.4 millimeters)
screens; (b) Properly designed and installed air curtains to control
flying insects; or (c) Other effective means. (5) Paragraph (M)(4) of
this rule does not apply if flying insects and other pests are absent due to
the location of the food service operation or retail food establishment, the
weather, or other limiting condition. (N) Exterior walls and roofs - protective
barrier. Perimeter walls and roofs of a food service
operation or retail food establishment are to effectively protect the
establishment from the weather and the entry of insects, rodents, and other
animals. (O) Outdoor food vending areas - overhead
protection. If located outside, a machine used to vend food
is to be provided with overhead protection. (P) Outdoor servicing areas - overhead
protection. Servicing areas are to be provided with overhead
protection except for areas used only for the loading of water or the discharge
of sewage and other liquid waste, through the use of a closed system of
hoses. (Q) Outdoor walking and driving surfaces
- graded to drain. Exterior walking and driving surfaces are to be
graded to drain. (R) Outdoor refuse areas - curbed and
graded to drain. Outdoor refuse areas are to be constructed in
accordance with law and shall be curbed and graded to drain to collect and
dispose of liquid waste that results from the refuse and from cleaning the area
and waste receptacles. (S) Private homes and living or sleeping
quarters - use not permitted. Except as provided by rule 3717-1-20 of the
Administrative Code, a private home, a room used as living or sleeping
quarters, or an area directly opening into a room used as living or sleeping
quarters are not to be used for conducting food service operations or retail
food establishment operations. (T) Living or sleeping quarters -
separation. Except as provided by rule 3717-1-20 of the
Administrative Code, living or sleeping quarters located on the premises of a
food service operation or retail food establishment such as those provided for
lodging registration clerks or resident managers are to be separated from rooms
and areas used for food service operations or retail food establishment
operations by complete partitioning and solid self-closing doors.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-06.2 | Physical facilities: numbers and capacities.
Effective:
September 5, 2024
(A) Handwashing sinks - minimum
number. Handwashing sinks are to be provided as specified
under paragraph (G) of 3717-1-05.1 of the Administrative Code. (B) Handwashing cleanser -
availability. Each handwashing sink or group of two adjacent
handwashing sinks is to be provided with a supply of hand cleaning liquid,
powder, or bar soap. (C) Handwashing sinks - hand drying
provision. Each handwashing sink or group of adjacent
handwashing sinks is to be provided with: (1) Individual,
disposable towels; (2) A continuous towel
system that supplies the user with a clean towel; (3) A heated-air hand
drying device; or (4) A hand drying device
that employs an air-knife system that delivers high velocity, pressurized air
at ambient temperatures. (D) Handwashing aids and devices - use
restrictions. A sink used for food preparation or utensil
washing, or a service sink or curbed cleaning facility used for the disposal of
mop water or similar wastes, cannot be provided with the handwashing aids and
devices specified under paragraphs (B) and (C) of this rule and paragraph
(G)(3) of rule 3717-1-05.4 of the Administrative Code. (E) Handwashing signage. A sign or poster that notifies food employees to
wash their hands is to be provided at all handwashing sinks used by food
employees and be clearly visible to food employees. (F) Disposable towels - waste
receptacle. A handwashing sink or group of adjacent
handwashing sinks that is provided with disposable towels is to be provided
with a waste receptacle as specified under paragraph (G)(3) of rule 3717-1-05.4
of the Administrative Code. (G) Toilets and urinals - minimum
number. Toilets and urinals are to be provided as
specified under paragraph (H) of rule 3717-1-05.1 of the Administrative
Code. (H) Toilet tissue -
availability. A supply of toilet tissue is to be available at
each toilet. (I) Lighting - intensity. The light intensity is to be: (1) At least ten foot
candles (one hundred eight lux) at a distance of thirty inches (seventy-five
centimeters) above the floor, in walk-in refrigeration units and dry food
storage areas and in other areas and rooms during periods of
cleaning; (2) At least twenty foot
candles (two hundred fifteen lux): (a) 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; (b) Inside equipment such as reach-in and under-counter
refrigerators; and (c) At a distance of thirty inches (seventy-five centimeters)
above the floor in toilet rooms, in areas used for handwashing, warewashing,
and equipment and utensil storage; and (3) At least fifty foot
candles (five hundred forty lux) at a surface where a food employee is working
with food or working with utensils or equipment such as knives, slicers,
grinders, or saws where employee safety is a factor. (J) Ventilation -
mechanical. If necessary to keep rooms free of excessive
heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes,
mechanical ventilation of sufficient capacity is to be provided. (K) Dressing areas and lockers -
designation. (1) Dressing rooms or
dressing areas are to be designated if employees routinely change their clothes
in the food service operation or retail food establishment. (2) Lockers or other
suitable facilities are to be provided for the orderly storage of
employees' clothing and other possessions. (L) Service sinks -
availability. A service sink or curbed cleaning facility is to
be provided as specified under paragraph (I) of rule 3717-1-05.1 of the
Administrative Code.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-06.3 | Physical facilities: location and placement.
Effective:
September 5, 2024
(A) Handwashing sinks - conveniently
located. Handwashing sinks are to be conveniently located
as specified under paragraph (L) of rule 3717-1-05.1 of the Administrative
Code. (B) Toilet rooms - convenience and
accessibility. Toilet rooms are to be conveniently located and
accessible to employees during all hours of operation. (C) Employee accommodations - designated
areas (1) Areas designated for
employees to eat, drink, and use tobacco products are to be located so that
food, equipment, linens, single-service articles, and single-use articles are
protected from contamination. (2) Lockers or other
suitable facilities are to be located in a designated room or area where
contamination of food, equipment, utensils, linens, single-service articles,
and single-use articles cannot occur. (D) Distressed merchandise - segregation
and location. Products that are held by the license holder for
credit, redemption, or return to the distributor, such as damaged, spoiled, or
recalled products, are to be segregated and held in designated areas that are
separated from food, equipment, utensils, linens, single-service articles, and
single-use articles. (E) Receptacles, waste handling units,
and designated storage areas. Units, receptacles, and areas designated for
storage of returnable containers, refuse, and recyclables are to be located as
specified under paragraph (J) of rule 3717-1-05.4 of the Administrative
Code
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-06.4 | Physical facilities: maintenance and operation.
Effective:
September 5, 2024
(A) Repairing. The physical facilities are to be maintained in
good repair. (B) Cleaning - frequency and
restrictions. (1) The physical
facilities are to be cleaned as often as necessary to keep them
clean. (2) Except for cleaning
that is necessary due to a spill or other accident, cleaning is to be done
during periods when the least amount of food is exposed such as after closing.
(C) Cleaning floors - dustless
methods. (1) Except as specified
in paragraph (C)(2) of this rule, only dustless methods of cleaning are to be
used, such as wet cleaning, vacuum cleaning, mopping with treated dust mops, or
sweeping using a broom and dust-arresting compounds. (2) Spills or drippage on
floors that occur between normal floor cleaning times may be
cleaned: (a) Without the use of dust-arresting compounds;
and (b) In the case of liquid spills or drippage, with the use
of a small amount of absorbent compound such as sawdust or diatomaceous earth
applied immediately before spot cleaning. (D) Cleaning ventilation systems,
nuisance, and discharge. (1) Intake and exhaust
air ducts are to be cleaned and filters changed so they are not a source of
contamination by dust, dirt, and other materials. (2) If vented to the
outside, ventilation systems are not to create a public health hazard or
nuisance or unlawful discharge. (E) Cleaning maintenance tools -
preventing contamination. Food preparation sinks, handwashing sinks, and
warewashing equipment are not to be used for the cleaning of maintenance tools,
the preparation or holding of maintenance materials, or the disposal of mop
water and similar liquid wastes. (F) Drying mops. After use, mops are to be placed in a position
that allows them to air-dry without soiling walls, equipment, or
supplies. (G) Absorbent materials on floors - use
limitation. Except as specified in paragraph (C)(2)(b) of
this rule, sawdust, wood shavings, granular salt, baked clay, diatomaceous
earth, or similar materials cannot be used on floors. (H) Cleaning of plumbing
fixtures. Plumbing fixtures such as handwashing sinks,
toilets, and urinals are to be cleaned as often as necessary to keep them
clean. (I) Closing toilet room
doors. Toilet room doors as specified under paragraph
(L) of rule 3717-1-06.1 of the Administrative Code are to be kept closed except
during cleaning and maintenance operations. (J) Using dressing rooms and
lockers. (1) Dressing rooms are to
be used by employees if the employees regularly change their clothes in the
establishment. (2) Lockers or other
suitable facilities are to be used for the orderly storage of employee clothing
and other possessions. (K) Controlling pests. The presence of insects, rodents, and other pests
is to be controlled to minimize their presence on the premises by: (1) Routinely inspecting
incoming shipments of food and supplies; (2) Routinely inspecting
the premises for evidence of pests; (3) Using methods, if
pests are found, such as trapping devices or other means of pest control as
specified under paragraphs (C), (K) and (L) of rule 3717-1-07.1 of the
Administrative Code; and (4) Eliminating harborage
conditions. (L) Removing dead or trapped birds,
insects, rodents, and other pests. Dead or trapped birds, insects, rodents, and
other pests are to be removed from control devices and the premises at a
frequency that prevents their accumulation, decomposition, or the attraction of
pests. (M) Storing maintenance
tools. Maintenance tools such as brooms, mops, vacuum
cleaners, and similar items are to be: (1) Stored so they do not
contaminate food, equipment, utensils, linens, single-service articles, or
single-use articles; and (2) Stored in an orderly
manner that facilitates cleaning the area used for storing the maintenance
tools. (N) Maintaining premises - unnecessary
items and litter. The premises are to be free of: (1) Items that are
unnecessary to the operation or maintenance of the food service operation or
retail food establishment such as equipment that is nonfunctional or no longer
used; and (2) Litter. (O) Animals - limitations. Live animals are not to be allowed on the
premises of a food service operation or retail food establishment. This
paragraph does not apply 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 office, dining, sales, and storage
areas, and sentry dogs running loose in outside fenced areas; (3) Service animals that
are controlled by the disabled employee or person, or the trainer of the
service animal, in areas that are not used for food preparation and that are
usually open for customers, such as dining and sales areas, 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. (5) Caged animals or
animals that are similarly confined may be permitted in areas that are not used
for food preparation, storage, sales, display, or dining, such as in a variety
store that sells pets or a tourist park that displays animals; or (6) Storage of live or
dead fish bait.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-07 | Poisonous or toxic materials: labeling and identification.
(A) Original containers: identifying
information. Containers of poisonous or toxic materials and
personal care items are to bear a legible manufacturer's label. (B) Working containers - common
name. Working containers used for poisonous or toxic
materials such as cleaners and sanitizers taken from bulk supplies are to be
clearly and individually identified with the common name of the
material.
Last updated September 9, 2024 at 1:53 PM
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Rule 3717-1-07.1 | Poisonous or toxic materials: operational supplies and applications.
Effective:
September 5, 2024
[Comment: For publication dates of the C.F.R.
referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the
Administrative Code.] (A) Storage: separation. Poisonous or toxic materials are to be stored so
they cannot contaminate food, equipment, utensils, linens, single-service
articles, and single-use articles by: (1) Separating the
poisonous or toxic materials by spacing or partitioning; and (2) Locating the
poisonous or toxic materials in an area that is not above food, equipment,
utensils, linens, single-service articles, 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, single-service articles, and single-use articles. (B) Restriction. Except for packaged poisonous or toxic materials
that are for retail sale, only those poisonous or toxic materials that are
necessary for the operation and maintenance of a food service operation or
retail food establishment, such as for cleaning and sanitizing equipment and
utensils, licensed application for controlling insects and rodents, or for
using as an incidental use pesticide as defined in paragraph (C)(3) of this
rule, are to be allowed in a food service operation or retail food
establishment. (C) Conditions of use. Poisonous or toxic materials are to be: (1) Used according
to: (a) Law and this chapter; (b) Manufacturer's use directions included in labeling, and,
for a pesticide, manufacturer's label instructions that state that use is
allowed in a food service operation, retail food establishment, or food
handling or processing areas; (c) The conditions of licensing, if licensing is needed, for use
of the pest control materials; and (d) Additional conditions that may be established by the
regulatory authority; and (2) Applied so
that: (a) A hazard to employees or other persons is not constituted;
and (b) Contamination including toxic residues due to drip, drain,
fog, splash or spray on food, equipment, utensils, linens, single-service
articles, and single-use articles is prevented, and this is achieved
by: (i) Removing the
items; (ii) Covering the items
with impermeable covers; or (iii) Taking other
appropriate preventive actions; and (iv) Cleaning and
sanitizing equipment and utensils after the application. (3) A general use
pesticide, other than for incidental use, or a restricted use pesticide is to
be applied only by a commercial applicator licensed as specified under section
921.06 of the Revised Code, or a trained service person under the direct
supervision of the commercial applicator. "Incidental use" means the
application of a general use pesticide on an occasional, isolated,
site-specific basis in order to avoid immediate personal harm. "Incidental
use" does not mean regular, routine, or maintenance application of a
general use pesticide. (D) Poisonous or toxic material
containers. A container previously used to store poisonous or
toxic materialscannot be used to store, transport, or dispense food, equipment,
utensils, linens, or single-service or single-use articles. (E) Sanitizers - criteria. Chemical sanitizers, including chemical
sanitizing solutions generated on-site, and other chemical antimicrobials
applied to food-contact surfaces are to: (1) Meet the requirements
specified in 40 C.F.R. 180.940; or (2) Meet the requirements
specified in 40 C.F.R. 180.2020. (F) Chemicals for washing, treatment,
storage and processing fruits and vegetables - criteria. Chemicals, including those generated on-site,
used to wash or peel raw, whole fruits and vegetables, or used in the
treatment, storage, and processing of fruits and vegetables are to: (1) Be an approved food
additive listed for this intended use in 21 C.F.R. 173; or (2) Be generally
recognized as safe for this intended use; or (3) Be the subject of an
effective food contact notification for this intended use (only effective for
the manufacturer or supplier identified in the notification); and (4) Meet the requirements
in 40 C.F.R. 156. (G) Boiler water additives,
criteria. Chemicals used as boiler water additives are to
meet the requirements specified in 21 C.F.R. 173.310. (H) Drying agents -
criteria. Drying agents used in conjunction with
sanitization are to: (1) Contain only
components that are listed as one of the following: (a) Generally recognized as safe for use in food as specified in
21 C.F.R. 182, or 21 C.F.R. 184; (b) Generally recognized as safe for the intended use as
specified in 21 C.F.R. 186; (c) 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 C.F.R. 170.30; (d) Subject of an effective "Food Contact Notification"
as described in section 409(h) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), Pub. L. 75-717, 52 Stat. 1040 (as amended August 14, 2018), 21 U.S.C.
348(h); (e) Approved for use as a drying agent under a prior sanction as
described in section 201(s)(4) of the Federal Food, Drug, and Cosmetic Act
(FFDCA), Pub. L. 75-717, 52 Stat. 1040 (as amended August 14, 2018), 21 U.S.C.
321(s)(4); (f) Specifically regulated as an indirect food additive for use
as a drying agent as specified in 21 C.F.R. 174-178; or (g) Approved for use as a drying agent under the threshold of
regulation process established by 21 C.F.R. 170.39; and (2) When sanitization is
with chemicals, the approval as specified under paragraph (H)(1)(e) or
(H)(1)(g) of this rule or the regulation as an indirect food additive as
specified under paragraph (H)(1)(f) of this rule, is to be specifically for use
with chemical sanitizing solutions. (I) Lubricants - incidental food contact,
criteria. Lubricants are to meet the requirements specified
in 21 C.F.R. 178.3570 if they are used on food-contact surfaces, on bearings
and gears located on or within food-contact surfaces, or on bearings and gears
that are located so that lubricants may leak, drip, or be forced into food or
onto food-contact surfaces. (J) Restricted use pesticides -
criteria. Restricted use pesticides are to meet the
requirements specified in 40 C.F.R. 152 Subpart I and be applied as specified
under paragraph (C)(3) of this rule. (K) Rodent bait stations. Rodent bait is to be contained in a covered,
tamper-resistant bait station. (L) Tracking powders, pest control, and
monitoring. (1) Except as specified
in paragraph (L)(2) of this rule, a tracking powder pesticide cannot be used in
a food service operation or retail food establishment. (2) If used, a nontoxic
tracking powder such as talcum or flour cannot contaminate food, equipment,
utensils, linens, and single-service and single-use articles. (M) Medicines - restrictions and
storage. (1) Except for medicines
that are stored or displayed for retail sale, only those medicines that are
necessary for the health of employees are to be allowed in a food service
operation or retail food establishment. (2) Medicines that are in
a food service operation or retail food establishment for the employees'
use are to be labeled as specified under paragraph (A) of rule 3717-1-07 of the
Administrative Code and located to prevent the contamination of food,
equipment, utensils, linens, single-service articles, and single-use
articles. (N) Refrigerated medicines -
storage. Medicines belonging to employees or to children
in a day care center that need refrigeration and are stored in a food
refrigerator are to be: (1) Stored in a package
or container and kept inside a covered, leakproof container that is identified
as a container for the storage of medicines; and (2) Located so they are
inaccessible to children. (O) First aid supplies -
storage. First aid supplies that are in a food service
operation or retail food establishment for the employees' use are to
be: (1) Labeled as specified
under paragraph (A) of rule 3717-1-07 of the Administrative Code;
and (2) Stored in a kit or a
container that is located to prevent the contamination of food, equipment,
utensils, linens, single-service articles, and single-use
articles. (P) Other personal care items -
storage. Except as specified under paragraphs (N) and (O)
of this rule, employees are to store their personal care items in facilities as
specified under paragraph (K)(2) of rule 3717-1-06.2 of the Administrative
Code.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-07.2 | Poisonous or toxic materials: storage and display - separation.
Poisonous or toxic materials are to be stored and
displayed for retail sale so they cannot contaminate food, equipment, utensils,
linens, single-service articles, or single-use articles by: (A) Separating the poisonous or toxic
materials by spacing or partitioning; and (B) Locating the poisonous or toxic
materials in an area that is not above food, equipment, utensils, linens,
single-service articles, or single-use articles.
Last updated September 9, 2024 at 1:53 PM
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Rule 3717-1-08 | Special requirements: fresh juice production.
Effective:
September 5, 2024
[Comment: For publication dates of the C.F.R.
referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the
Administrative Code.] (A) Fresh one hundred per cent juice
packaged in a food service operation or retail food establishment is
to: (1) Be labeled as
specified under paragraph (C) of rule 3717-1-03.5 of the Administrative Code;
and (2) Bear the following
warning statement as specified in 21 C.F.R. 101.17(g): (a) Warning: This product has not been pasteurized and,
therefore, may contain harmful bacteria that can cause serious illness in
children, the elderly, and persons with weakened immune systems. (b) The word "WARNING" is to be capitalized and appear
in bold type. (B) A food service operation or retail
food establishment that packages fresh juice does not need to meet the
requirements for labeling specified in paragraph (A)(2) of this rule if they
produce juice that is: (1) Pasteurized;
or (2) Treated under a
HACCP plan to attain a five log reduction, which is equal to a 99.999 per cent
reduction in microorganisms of a public health significance; and (3) A variance is
obtained from the director of agriculture or director of health, whichever is
applicable.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-08.1 | Special requirements: heat treatment dispensing freezers.
Effective:
September 5, 2024
(A) As used in this rule, "heat
treatment dispensing freezer" means a self-contained dispensing freezer
with a product reservoir that processes previously pasteurized products,
freezes the products, dispenses frozen dairy products, and maintains
microbiological quality by elevating the temperature of the product using
heating methods that are an integral part of the dispensing
freezer. (B) To be used in a food service
operation or retail food establishment, a heat treatment dispensing freezer is
to meet the following requirements: (1) The heat treatment
dispensing freezer is to be approved by an equipment testing agency as
specified in paragraph (LL)(1) of rule 3717-1-04.1 of the Administrative
Code; (2) The heat treatment
dispensing freezer is to complete a heat treatment cycle at least once every
twenty-four hours. "Heat treatment cycle" means a cycle in which the
heat treatment dispensing freezer elevates the product temperature during the
heating phase to at least one hundred fifty degrees Fahrenheit (65.5 degrees
Celsius) within no more than ninety minutes, maintains the product at that
temperature during the holding phase for at least thirty minutes, then cools it
during the cooling phase to a temperature of forty-one degrees Fahrenheit (five
degrees Celsius) or below within no more than two hours; (3) The heat treatment
dispensing freezer is to be equipped with a monitoring device which indicates
all of the following: (a) The length of time since the last heat treatment
cycle; (b) The length of time that the most recent heat treatment cycle
was one hundred fifty degrees Fahrenheit (65.5 degrees Celsius) or above;
and (c) The length of time of the heating phase, the holding phase,
and the cooling phase. (4) The heat treatment
dispensing freezer is to have a clearly visible temperature indicating device,
accurate to plus or minus two degrees Fahrenheit (plus or minus one degree
Celsius), showing the product temperature in the hopper; (5) The heat treatment
dispensing freezer is to be equipped with an internal lockout device that
cannot be reset without complete disassembly of the machine. The internal
lockout device is to mechanically shut down the heat treatment dispensing
freezer so that the unit is unable to dispense frozen product if any one of the
following occurs: (a) The heat treatment cycle is not properly
completed; (b) The heat treatment cycle has not been completed at least one
time in the preceding twenty-four hours; or (c) The heat treatment dispensing freezer has not been
disassembled for cleaning and sanitizing as specified in paragraph (C)(1) of
this rule. (C) The operator of a food service
operation or retail food establishment using a heat treatment dispensing
freezer is to do all of the following: (1) Disassemble, clean,
and sanitize the heat treatment dispensing freezer at least every fourteen
days, except for those parts specified by the manufacturer such as hopper
covers, design caps, door spouts, and bottoms of draw valves that are to be
cleaned and sanitized daily, except heat treatment dispensing freezers that are
certified by a recognized testing agency to NSF/ANSI Standard 6 and have a
serial number certified for an extended manual cleaning and sanitization
frequency beyond fourteen days may be cleaned and sanitized based upon the
frequency specified in the certification; (2) Maintain the product
in the hopper at forty-one degrees Fahrenheit (five degrees Celsius) or below,
except during a heat treatment cycle; (3) Document all heat
treatment cycles by maintaining a daily log of the items specified in paragraph
(B)(3) of this rule, retain such logs for ninety days, and make them available
for inspection at the request of the licensor; (4) Discard all product
remaining in the freezer whenever the heat treatment dispensing freezer is
disassembled for cleaning; and (5) Comply with all other
applicable provisions of this chapter.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-08.2 | Special requirements: custom processing.
Effective:
September 5, 2024
(A) Custom processing of game animals,
migratory waterfowl or game birds in a food service operation or retail food
establishment is to be done only at the end of the work shift or day to prevent
any cross contamination of product for sale or service. (B) Prior to entry into the food service
operation or retail food establishment: (1) All animal carcasses
are to be skinned, beheaded, eviscerated and free of hair; and (2) All bird carcasses
are to be eviscerated and free of feathers. (C) If the hide and head is to be
retained for the owner, it is to be packaged and segregated from all
food. (D) All custom processed product is to be
wrapped or containerized and stored segregated from all retail products so as
to prevent contamination. (E) Immediately after custom processing,
all knives, tables, hooks, grinders, tenderizers, lugs, inedible barrels, saws,
or any other equipment soiled during custom processing are to be thoroughly
cleaned as specified in paragraphs (F) to (I) of rule 3717-1-04.5 of the
Administrative Code, rinsed as specified in paragraph (J) of rule 3717-1-04.5
of the Administrative Code, and sanitized as specified in rule 3717-1-04.6 of
the Administrative Code. (F) When an Ohio department of natural
resources inspection tag is mandated, the tag or tag number is to remain with
the animal throughout the process period and be returned with the product to
the owner. (G) A food service operation or retail
food establishment is to identify all products for custom processing in the
facility as not for sale.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-08.3 | Special requirements: bulk water machine criteria.
Effective:
September 5, 2024
[Comment: For publication dates of the C.F.R.
referenced in this rule, see paragraph (B)(15)(b) of rule 3717-1-01 of the
Administrative Code.] (A) Water dispensed from a bulk water
machine is to meet the quality standards specified in 21 C.F.R. 165, Subpart
B. (B) Bulk water machines are to be
connected to an approved water supply. (C) Bulk water machines are to be in
compliance with the construction and performance standards set forth in
paragraph (LL) of rule 3717-1-04.1 of the Administrative Code and will be
maintained to those standards. (D) All water processed through a bulk
water machine is to be disinfected as the last treatment step prior to being
dispensed. (E) Bulk water machines are to be
equipped with monitoring devices designed to shut down operation of the machine
when the disinfection unit fails to function. (F) Bulk water machines are to be
maintained in a clean and sanitary condition. (G) Bulk water machines are to be located
in an area that can be maintained in a clean condition and in a manner that
avoids insect and rodent harborage. (H) The water dispensed from bulk water
machines is to be sampled at least semi-annually for coliform bacteria. Sample
results are to be retained at the food service operation or retail food
establishment for review by the licensor.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-08.4 | Special requirements: acidified white rice preparation criteria.
Effective:
September 5, 2024
A retail food establishment or food service
operation that acidifies white rice for the purpose of rendering it a
non-time/temperature controlled for safety food is to meet the applicable
requirements of this chapter and have a HACCP plan that includes: (A) A description of the products
produced; (B) A recipe for the production of the
acidified rice that specifies: (1) The water to rice
ratio prior to cooking, and the cooking schedule; (2) The vinegar solution
recipe including salts and sugars; (3) The cooked rice to
vinegar solution ratio that is to be thoroughly mixed to acidify the
rice; (4) The cooked and
acidified rice is to have a pH below 4.2; and (5) The vinegar solution
is to be added to the rice within thirty minutes of cooking. (C) The method used to determine the pH
of the cooked, acidified rice that includes the following: (1) Conducting the pH
test within thirty minutes after acidification of the cooked rice and as often
as necessary to assure a pH below 4.2; (2) Making a rice slurry
by gathering a one-quarter cup sample of the cooked acidified rice taken from
various locations in the batch and adding enough distilled water to submerge
the rice sample; (3) Blending the slurry
for approximately twenty seconds to create a thorough mix; (4) Inserting a pH probe into the liquid
portion of the slurry to ensure a pH below 4.2 is achieved; and (5) Recording of
measurements. (D) Standard sanitary operation
procedures that: (1) Ensure the use of
single-use gloves as specified in paragraph (N) of rule 3717-1-03.2 of the
Administrative Code to prevent contacting the food with bare
hands; (2) Identify a designated
work area that includes a dedicated sink and preparation table, and the method
by which: (a) Access to the processing equipment is restricted to
responsible trained personnel familiar with the potential hazards of the
operation; and (b) Food-contact surfaces are cleaned as specified in rule
3717-1-04.5 of the Administrative Code and sanitized as specified in rule
3717-1-04.6 of the Administrative Code; or (c) If it is necessary to share workspace and facilities, a
schedule of operations, personnel traffic, product traffic, and cleaning that
is planned to prevent cross contamination of ready-to-eat sushi
products. (E) A description of the training program
that ensures that the individual responsible for the acidified rice operation
understands the: (1) Application of HACCP
principles to the processing of acidified rice; (2) Maintenance of pH
records and the verification of procedures specified in this rule; (3) Maintenance of
equipment and facilities; and (4) Procedures specified
under this rule.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-08.5 | Dogs in outdoor dining areas of food service operations and retail food establishments.
Effective:
September 5, 2024
(A) As used in this rule, "outdoor
dining area" means an area adjacent to a food service operation or retail
food establishment that is located outdoors and is designated for service
and/or consumption of food, including an "outdoor patio" as defined
in section 3794.01 of the Revised Code. (B) A food service operation or retail
food establishment may allow dogs in an outdoor dining area of the food service
operation or retail food establishment. If the dog is a service animal as
defined in paragraph (B)(110) of rule 3717-1-01 of the Administrative Code, no
food service operation or retail food establishment is to refuse to allow the
dog in the outdoor dining area unless such refusal is authorized under federal
and state laws governing service animals. (C) A food service operation or retail food establishment that
allows dogs in an outdoor dining area is to: (1) Conspicuously post signs near all
entrances to the food service operation or retail food establishment and all
entrances to the outdoor dining area that contain at least the following:
(a) Notification that the food service operation or retail food
establishment allows dogs in outdoor dining areas; and (b) Notification that dogs shall access the outdoor dining area
only through an outdoor entrance. (2) Provide an outdoor entrance into the
outdoor dining area and restrict dogs from entering the outdoor dining area
through any indoor areas of the food service operation or retail food
establishment; (3) Restrict employees of the food
service operation or retail food establishment from intentionally contacting
dogs while working; (4) Restrict dogs from being within five
feet of areas located in an outdoor dining area of a food service operation or
retail food establishment that are used for food preparation or for storage of
food, equipment, utensils, single use items and single use
articles; (5) Restrict dogs from sitting, standing,
or lying on chairs, seats, benches, counter tops, tables and other furnishings
in the outdoor dining area; (6) Have cleaning supplies and materials
readily available to clean up dog hair, feces, urine, vomit and other debris;
and (7) Adopt a written
policy that contains at least the following: (a) Requirements for patrons with a dog in the outdoor dining
area of a food service operation or retail food establishment to properly
control their dog with a leash or other effective means; (b) Instructions for promptly cleaning up dog hair, feces, urine,
vomit, and other debris; and (c) Requirements for the proper vaccination of all dogs permitted
in the outdoor dining area of a food service operation or retail food
establishment in accordance with state or local laws. (D) Food cannot be provided to dogs in outdoor dining areas of
food service operations and retail food establishments, except water may be
provided to dogs in single-use disposable containers. (E) Employees of a food service operation or retail food
establishment are to wash their hands using procedures described in paragraph
(B) of rule 3717-1-02.2 of the Administrative Code after contacting a dog,
watering a dog, or cleaning dog hair, feces, urine, vomit or other
debris. (F) During a public health emergency, the
director of health may restrict dogs from entering outdoor dining areas of food
service operations and the director of agriculture may restrict dogs from
entering outdoor dining areas of retail food establishments.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-09 | Criteria for reviewing facility layout and equipment specifications.
Effective:
September 5, 2024
(A) The facility layout and equipment
specifications submitted for the approval of the licensor are to clearly
confirm that the applicable provisions of Chapter 3717-1 of the Administrative
Code can be met. The facility layout and specifications are to be legible, be
drawn reasonably to scale, and include: (1) The type of food
service operation or retail food establishment proposed and foods to be
prepared and served; (2) The total square
footage to be used for the food service operation or retail food
establishment; (3) A site plan that
includes: (a) Location of business in a building such as a shopping mall or
stadium; (b) Location of building on site, including alleys, streets, and
location of any outside support infrastructure such as dumpsters, potable water
source, sewage treatment system; and (c) Interior and exterior seating areas. (4) Entrances and
exits; (5) Location, number and
types of plumbing fixtures, including all water supply facilities; (6) Plan of
lighting; (7) A floor plan showing
all fixtures and equipment; (8) Building materials
and surface finishes to be used; and (9) An equipment list
with equipment manufacturers and model numbers. (B) Food equipment that is acceptable for
use in a food service operation or retail food establishment is to be approved
as specified under paragraph (LL) of rule 3717-1-04.1 of the Administrative
Code. (C) The licensor may place restrictions
or conditions on a license limiting the types of food that may be prepared or
served by the food service operation or retail food establishment based on the
equipment or facilities of the food service operation or retail food
establishment. Limitations are to be posted on the back of the
license. (D) The licensor of a mobile food service
operation or mobile retail food establishment is to post on the back of the
mobile food service operation license or mobile retail food establishment
license pertinent information concerning the operation. This information is to
include the menu, the layout of the operation including the location and type
of major equipment, and any restrictions or conditions limiting the types of
food that may be prepared or served by the license holder based on the
equipment or facilities. (E) Prior to opening, the operator of a
proposed temporary food service operation or temporary retail food
establishment is to provide the licensor a drawing showing the facility layout
and a letter of intent providing pertinent information such as: (1) Foods to be prepared
and served; (2) Source of
food; (3) Hot holding
facilities; (4) Cold holding
facilities; (5) Handwashing
facilities; (6) Equipment and
utensils; (7) Support facilities;
and (8) Any other information
requested by the licensor. (F) The information specified in
paragraphs (A) to (D) of this rule is to be retained by the licensor in the
facility file until updated information is submitted.
Last updated September 16, 2024 at 12:15 PM
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Rule 3717-1-20 | Existing facilities and equipment.
Effective:
September 5, 2024
Existing facilities and equipment in a food service
operation or retail food establishment are to be replaced with equipment and
facilities meeting the requirements of this chapter when any of the following
occur: (A) They no longer comply with the
following: (1) Are in good repair
and can be maintained in a sanitary condition; (2) Have food contact
surfaces that comply with the requirements of this chapter; (3) Have cooling,
heating, and holding capacities that comply with the requirements of this
chapter; or (4) Criteria upon which
they were originally approved. (B) The facilities and equipment
constitute a public health hazard; or (C) The food service operation or retail
food establishment changes ownership.
Last updated September 16, 2024 at 12:15 PM
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