Ariz. Admin. Code § R9-8-107 - Poisonous or Toxic Materials

A. A LICENSE HOLDER shall comply with the United States Food and Drug Administration publication, Food Code: 1999 Recommendations of the United States Public Health Service, Food and Drug Administration (1999), as modified, which is incorporated by reference. This incorporation by reference contains no future editions or amendments. The incorporated material is on file with the Department and is available for purchase from the United States Department of Commerce, Technology Administration, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161, as report number PB99-115925, or from the United States Government Printing Office, Superintendent of Documents, Mail Stop: SSOP, Washington, D.C. 20402-9328, as ISBN 0-16-050028-1; and is available on the Internet at http://www.fda.gov.

B. The material incorporated by reference in subsection (A) is modified as follows:

1. Where the term "permit" appears, it is replaced with "license";

2. Subparagraph 1-201.10(B)(2)(a) is modified to read: "'Food additive' has the meaning stated in A.R.S. § 36-901(7).";

3. Subparagraph 1-201.10(B)(2)(b) is modified to read: "'Color additive' has the meaning stated in A.R.S. § 36-901(2).";

4. Subparagraph 1-201.10(B)(3) is modified to read: "'Adulterated' means possessing one or more of the conditions enumerated in A.R.S. § 36-904(A).";

5. Subparagraph 1-201.10(B)(4) is modified to read: "'Approved' means acceptable to the REGULATORY AUTHORITY or to the FOOD regulatory agency that has jurisdiction based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.";

6. Subparagraph 1-201.10(B)(14) is modified by deleting "or FOOD PROCESSING PLANT";

7. Subparagraph 1-201.10(B)(31)(c)(iii) is deleted;

8. Subparagraph 1-201.10(B)(32) is modified to read: "'Food processing plant' means a FOOD ESTABLISHMENT that manufactures, packages, labels, or stores FOOD for human consumption and does not provide FOOD directly to a CONSUMER.";

9. Subparagraph 1-201.10(B)(50)(a) is modified to read: "'Packaged' means bottled, canned, cartoned, securely bagged, or securely wrapped.";

10. Subparagraph 1-201.10(B)(54) is modified to read: "'Person in charge' means the individual present at a FOOD ESTABLISHMENT who is responsible for the management of the operation at the time of inspection.";

11. Subparagraph 1-201.10(B)(69) is modified to read: "'Regulatory authority' means the Department or a local health department or public health services district operating under a delegation of authority from the Department.";

12. Paragraph 3-202.11(C) is modified to read: "POTENTIALLY HAZARDOUS FOOD that is cooked to a temperature and for a time specified under §§ 3-401.11 - 3-401.13 and received hot shall be at a temperature of 54° C (130° F) or above.";

13. Paragraph 3-202.14(B) is modified to read: "All milk and milk products sold at the retail level in Arizona shall comply with the requirements in A.A.C. Title 3, Chapter 2, Article 8.";

14. Paragraph 3-202.17(B) is deleted;

15. Paragraph 3-202.18(B) is deleted;

16. Paragraph 3-203.11(A) is modified to read: "Except as specified in (B) and (C) of this Section, MOLLUSCAN SHELLFISH may not be removed from the container in which they are received other than immediately before sale, preparation for service, or preparation in a FOOD PROCESSING PLANT licensed by the REGULATORY AUTHORITY.";

17. Paragraph 3-203.12(B) is modified to read:

"(B) The identity of the source of SHELLSTOCK that are prepared by a FOOD PROCESSING PLANT licensed by the REGULATORY AUTHORITY, sold, or served shall be maintained by retaining SHELLSTOCK tags or labels for 90 calendar days from the date the container is emptied by:

(1) Using an APPROVED record keeping system that keeps the tags or labels in chronological order correlated to the date when, or dates during which, the SHELLSTOCK are prepared by a FOOD PROCESSING PLANT licensed by the REGULATORY AUTHORITY, sold, or served; and

(2) If SHELLSTOCK are removed from their tagged or labeled container:

(a) Using only one tagged or labeled container at a time, or

(b) Using more than one tagged or labeled container at a time and obtaining a VARIANCE from the REGULATORY AUTHORITY as specified in § 8-103.10 based on a HACCP PLAN that:

(i) Is submitted by the LICENSE HOLDER and APPROVED as specified under § 8-103.11,

(ii) Preserves source identification by using a record keeping system as specified under Subparagraph (B)(1) of this

(iii) Ensures that SHELLSTOCK from one tagged or labeled container are not commingled with SHELLSTOCK

18. Paragraph 3-301.11(B) is modified by replacing "SINGLE-USE gloves" with "non-latex SINGLE-USE gloves";

19. Paragraph 3-304.12(F) is modified to read: "In a container of water if the water is maintained at a temperature of at least 54° C (130° F) and the container is cleaned at a frequency specified under Subparagraph 4-602.11(D)(7).";

20. Section 3-304.15 is modified by adding a new Paragraph (E): "(E) Latex gloves may not be used in direct contact with FOOD.";

21. Section 3-401.13 is modified to read: "Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of 54° C (130° F).";

22. Paragraph 3-403.11(C) is modified to read: "READY-TO-EAT FOOD taken from a commercially processed, HERMETICALLY SEALED CONTAINER, or from an intact package from a FOOD PROCESSING PLANT that is inspected by the FOOD regulatory agency that has jurisdiction over the plant, shall be heated to a temperature of at least 54° C (130° F) for hot holding.";

23. Subparagraph 3-501.14(A)(1) is modified to read: "Within 2 hours, from 54° C (130° F) to 21° C (70° F); and";

24. Paragraph 3-501.16(A) is modified to read: "At 54° C (130° F) or above; or";

25. Subparagraph 3-501.16(C)(2) is modified to read: "Within 10 years of the adoption of this Code, the EQUIPMENT is upgraded or replaced to maintain FOOD at a temperature of 5° C (41° F) or less.";

26. Section 3-502.11 is modified by deleting "custom processing animals that are for personal use as FOOD and not for sale or service in a FOOD ESTABLISHMENT;";

27. Paragraph 3-701.11(C) is modified by replacing "who has been restricted or excluded as specified under § 2-201.12 " with "who has any of the conditions that require reporting to the PERSON IN CHARGE under § 2-201.11 or who has been excluded by the REGULATORY AUTHORITY under the communicable disease rules at 9 A.A.C. 6";

28. Subparagraph 4-602.11(D)(7) is modified by replacing "60° C (140° F)" with "54° C (130° F)";

29. Section 5-101.13 is modified to read: "BOTTLED DRINKING WATER used or sold in a FOOD ESTABLISHMENT shall be obtained from APPROVED sources, in accordance with LAW.";

30. Paragraph 5-501.116(A) is modified by replacing "§ 5-402.14 " with "§§ 5-402.13 and 5-403.11 ";

31. Section 6-501.116 is added to read: "6-501.116 Vending Machine Signs.

1. A unique identifier for the VENDING MACHINE, and

2. A telephone number for CONSUMERS to contact the LICENSE HOLDER.";

32. Paragraph 8-101.10(A) is modified by deleting ", as specified in § 1-102.10,";

33. Paragraph 8-201.11(C) is modified by replacing "as specified under 8-302.14(C)" with "as described in R9-8-103(A)(6)-(7) ";

34. Paragraph 8-304.11(D) is modified to read: "Require FOOD EMPLOYEE applicants to whom a conditional offer of employment is made and FOOD EMPLOYEES to report to the PERSON IN CHARGE the information required under § 2-201.11 ";

35. Paragraph 8-304.11(H) is modified by replacing "5 years" with "10 years";

36. Section 8-304.20 is modified by replacing "as specified under 8-302.14(C)" with "as described in R9-8-103(A)(6)-(7) ";

37. Section 8-402.11 is modified by adding the following at the end of the Section: "The Department or a local health department or public health services district to which the duty to comply with A.R.S. § 41-1009 has been delegated by the Department shall comply with A.R.S. § 41-1009 when performing inspections.";

38. Section 8-403.50 is modified by deleting "Except as specified in § 8-202.10," and capitalizing "the";

39. Section 8-404.12 is modified by adding the following at the end of the Section: "The REGULATORY AUTHORITY shall approve or deny resumption of operations within five days after receipt of the LICENSE HOLDER'S request to resume operations.";

40. Section 8-405.11 is modified by adding the following at the end of the Section:

"(C) The Department or a local health department or public health services district to which the duty to comply with A.R.S. § 41-1009 has been delegated by the Department shall not provide the LICENSE HOLDER an opportunity to correct critical Code violations or HACCP PLAN deviations after the date of inspection if the Department or the local health department or public health services district determines that the deficiencies are:

(1) Committed intentionally;

(2) Not correctable within a reasonable period of time;

(3) Evidence of a pattern of noncompliance; or

(4) A risk to any PERSON; the public health, safety, or welfare; or the environment.

(D) If the Department or a local health department or public health services district to which the duty to comply with A.R.S. § 41-1009 has been delegated by the Department allows the LICENSE HOLDER an opportunity to correct violations or deviations after the date of inspection, the Department, local health department, or public health services district shall inspect the FOOD ESTABLISHMENT within 24 hours after the deadline for correction has expired. If the Department, local health department, or public health services district determines that the violations or deviations have not been corrected, the Department, local health department, or public health services district may take any enforcement action authorized by LAW, based upon those violations or deviations.

(E) A decision made under subparagraph 8-405.11(C) or subparagraph 8-405.11(D) by the Department or a local health department or public health services district to which the duty to comply with A.R.S. § 41-1009 has been delegated by the Department is not an appealable agency action, as defined by A.R.S. § 41-1092.";

41. The following FC Sections are deleted:

a. Section 1-102.10,

b. Section 1-103.10,

c. Section 2-201.12,

d. Section 2-201.13,

e. Section 2-201.14,

f. Section 2-201.15,

g. Section 8-102.10, h. Section 8-202.10, i. Section 8-302.11, j. Section 8-302.12, k. Section 8-302.13, l. Section 8-302.14, m. Section 8-303.10, n. Section 8-303.20, o. Section 8-303.30, p. Section 8-402.20, q. Section 8-402.30, r. Section 8-402.40, s. Section 8-403.10, t. Section 8-501.10, u. Section 8-501.20,

42. The annexes are excluded.

The Department incorporates FC Chapter 7 in whole:

1. Part 7-1 Labeling and Identification;

2. Part 7-2 Operational Supplies and Applications; and

3. Part 7-3 Stock and Retail Sale.

Notes

Ariz. Admin. Code § R9-8-107

New Section made by final rulemaking at 7 A.A.R. 1719, effective October 3, 2001 (Supp. 01-2). Amended by final rulemaking at 12 A.A.R. 2768, effective September 9, 2006 (Supp. 06-3). Adopted by final rulemaking at 26 A.A.R. 1516, effective 7/8/2020.