007.04.02 Ark. Code R. § 002 - Rules and Regulations Pertaining to Food Stores, Markets and Warehouses
Current through Register Vol. 2022, No. 3, March, 2022
Food shall be in sound condition, free of filth and other contamination, and safe for human consumption. Food shall be obtained from sources that comply with laws relating to food and food labeling. Home prepared food shall not be used or offered for sale.
Each container of unshucked shellfish (oysters, claims, or mussels) shall be identified by an attached tag that states the name and address of the original shellfish processor, the kind and quantity of shellfish, and the certification number issued by the State or foreign shellfish control agency where applicable.
At all times, including while being stored, prepared, displayed, dispensed, packaged, or transported, food shall be protected from cross-contamination between foods and from potential contamination by agents, including dust, insects, insecticides, rodents, rodenticides, unclean equipment and utensils, probe-type price or identification tags, unnecessary handling, coughs and sneezes, flooding, draining, and overhead leakage or condensation. The temperature of potentially hazardous foods shall be 45° F. or below or 140° F. or above, at all times, except as otherwise provided in these Rules and Regulations. Hermetically sealed packages shall be handled so as to maintain product and container integrity. Food items that are spoiled or damaged and those which have been returned to, or are being detained by, the retail food store because of spoilage, damage, or other public health considerations, unless promptly disposed of, shall be segregated and held in designated areas pending final disposition. If salvage food is sold it shall be in compliance with the Arkansas Food Salvage Act (Act 241 of 1963, Ark. Code Ann. § 20-57-102 ).
The retail food store that is affected by a fire, flood, extended power outage, or a similar significant occurrence that creates a reasonable probability that food in the retail food store may have been contaminated, or that the temperature level of food which is in a potentially hazardous form may have caused that food to have become hazardous to health, shall take such action as is necessary to protect the public health and shall promptly notify the Health Authority of the emergency.
Raw fruits and raw vegetables. Raw fruits and raw vegetables that will be cut or combined with other ingredients or will be otherwise processed into food products by the retail food store shall be thoroughly cleaned with potable water before being used.
Shall be in compliance with Rules and Regulations Pertaining to Food Service.
Shell eggs are considered to be potentially hazardous and shall be stored and used as follows:
Potentially hazardous foods shall be held at an internal temperature of 45° F. or below or at an internal temperature of 140° F. or higher during display.
Foods intended for sale in a frozen state shall be displayed at an air temperature of 0° F. or below, except for defrost cycles and brief periods of loading or unloading. Frozen foods shall be displayed below or behind product food lines according to cabinet manufacturer's specifications.
Food on display, other than whole, unprocessed raw fruits and raw vegetables, shall be protected from contamination by packaging, counter-protector devices, display cases or similar equipment. All food shall be displayed in a manner that will protect the food from contamination. Hot or cold food units shall be provided to assure the maintenance of potentially hazardous food at the required temperature during display.
When food sample demonstrations and food promotions are authorized in the retail food store, the person in charge shall ensure that such activities comply with the applicable sanitation provisions of these Rules and Regulations.
Food Transportation by the Retail Food Store
Food, other than hanging primal cuts, quarters, or sides of meat and raw fruits and raw vegetables, shall be protected from contamination by use of packaging or covered containers while being transported. All food being transported shall meet the applicable requirements of thee Rules and Regulations relating to food protection and food storage. Foods in original individual packages do not need to be overwrapped or covered if the original package has not been torn or broken.
No person, while infected with a disease in a communicable form that can be transmitted by foods or who is a carrier of organisms that cause such a disease or while affected with a boil, an infected wound, or a respiratory infection, shall work in a retail food store in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms or transmitting disease to other persons.
Employees engaged in direct hand contact with food shall thoroughly wash their hands and the exposed portions of their arms with soap or detergent and warm water before starting work, and as often as necessary during work to keep them clean. Employees shall keep their fingernails trimmed and clean.
Multi-use equipment and utensils shall be constructed and repaired with safe materials, including finishing materials, shall be corrosion resistant and shall be non-absorbent; and shall be smooth, easily cleanable, and durable under conditions of normal use. Single-service articles shall be made from clean, sanitary, safe materials. Equipment, utensils, and single-service articles shall not impart odors, color or taste, nor contribute to the contamination of food.
Hard maple or equivalent non-absorbent wood that meets the general requirements set forth in paragraph 4-101 of these Rules and Regulations may be used for cutting blocks and cutting boards. Wood shall not be used as a food-contact surface under other circumstances, except for contact with raw fruits and raw vegetables.
Safe food grade plastic, rubber or rubberlike materials that are resistant under normal conditions of use to scratching, scoring, decomposition, crazing, chipping, and distortion, that are of sufficient weight and thickness to permit cleaning and sanitizing by normal warewashing methods, and which meet the general requirements are set forth in paragraph 4-101 of these Rules and Regulations are permitted for repeated use.
Single-service articles shall not be re-used.
Design and Fabrication
All equipment and utensils, including plastic-ware, shall be designed and fabricated for durability under conditions of normal use and shall be resistant to denting, buckling, pitting, chipping, and crazing.
Unless designed for in-place cleaning, food-contact surfaces shall be accessible for cleaning and inspection:
Equipment intended for in-place cleaning shall be so designed and fabricated that:
Indicating thermometers required for immersion into food or cooking media shall be of metal stem-type construction, numerically scaled, and accurate to +3° F.
Surfaces of equipment not intended for contact with food, but which are exposed to splash or food debris or which otherwise require frequent cleaning, shall be designed and fabricated to be smooth, washable, free of unnecessary ledges, projections, or crevices, and readily accessible for cleaning, and shall be of such material and in such repair as to be easily maintained in a clean and sanitary condition.
All equipment and utensils shall be maintained in good repair to comply with the requirements of these Rules and Regulations.
Equipment Installation and Location
Equipment, including ice makers and ice storage equipment shall not be located under exposed or unprotected sewer lines, water lines that are leaking or on which condensed water has accumulated, open stairwells, or other sources of contamination.
Table or counter mounted equipment shall be installed to facilitate the cleaning of the equipment and the adjacent areas or sealed to the table or counter.
Equipment and Utensil Cleaning and Sanitization
Cloths or sponges used for wiping food spills on surfaces of equipment shall be clean and rinsed frequently in a sanitizing solution and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses.
Unless used immediately after sanitation, all equipment and utensils shall be air dried. Towel drying shall not be permitted.
Retail food stores that do not have facilities for proper cleaning and sanitizing of utensils and equipment shall not prepare, dispense or store unpackaged food other than raw fruits and vegetables.
Equipment and Utensil Handling and Storage
Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from contamination.
Food equipment, utensils or single-service articles shall not be stored in locker rooms, toilet rooms and vestibules and garbage or mechanical rooms.
Enough potable water for the needs of the retail food store shall be provided from a source meeting applicable water quality standards.
Water under pressure at the required temperatures shall be provided to all fixtures and equipment that use water.
All sewage, including liquid waste, shall be disposed of by a public sewerage system or by a sewage disposal system constructed, maintained, and operated according to law. Non-water carried sewage disposal facilities are prohibited, except as permitted by the Health Authority.
Plumbing shall be sized, installed, and maintained according to law. There shall be no cross-connection between the potable water supply and any non-potable or questionable water supply nor any source of pollution through which the potable water supply might become contaminated.
The potable water system shall be installed to preclude the possibility of backflow. No hose shall be attached to a faucet that is not equipped with a backflow prevention device.
When grease traps are provided, they must not be installed in or adjacent to food preparation areas or in any other areas whereby they might create a nuisance. Grease traps must be properly cleaned at frequent intervals.
Garbage grinders, if used, shall be installed and maintained according to law.
Except for properly trapped open sinks, there shall be no direct connection between the sewerage system and any drains originating from equipment in which food, portable equipment, or utensils are placed.
Toilet facilities shall be installed according to law, shall be at least the number required by law, shall be conveniently located, and shall be accessible to employees at all times.
Toilets and urinals shall be designed to be easily cleanable.
Toilet rooms shall be completely enclosed and shall have tight fitting, self-closing solid doors and shall be equipped with forced air ventilation to the outside air.
Toilet fixtures shall be kept clean and in good repair. A supply of toilet tissue shall be provided at each toilet at all times. Easily cleanable receptacles with tight fitting covers shall be provided for waste materials.
Handwashing facilities shall be at least the number required by law, shall be installed according to law, and shall be conveniently located in food preparation areas. Handwashing facilities shall also be located in toilet rooms. Sinks used for food preparation or for warewashing shall not be used for handwashing or for any other purpose.
Each handwashing facility shall be provided with hot and cold water tempered by means of a mixing valve or combination faucet. Any self-closing, slow-closing or metering faucet used shall be designed to provide a flow of water for at least 15 seconds without the need to reactivate the faucet. Steam mixing valves are prohibited at handwashing facilities.
A supply of hand-cleaning soap or detergent shall be available at each handwashing facility. A supply of sanitary towels or a hand-drying device providing heated air shall be conveniently located near each handwashing facility.
Common towels are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the handwashing facilities.
Handwashing facilities, soap or detergent dispensers, hand-drying devices and all related facilities shall be kept clean and in good repair.
Garbage and Refuse
Insect and Rodent Control
Effective measures shall be utilized to minimize the entry and presence of rodents, flies, cockroaches, or other insects. Bait shops shall not be located inside a food store, except where a solid wall and self closing door are provided to separate the bait shop from the store.
Openings to the outside shall be effectively protected against the entry of rodents. Outside openings shall be protected against the entry of insects by tight-fitting, self-closing doors; closed windows; screening; controlled air currents; or other means. Screen doors shall be self-closing, and screens for windows, doors, skylights, transoms, intake and exhaust air ducts, and other openings to the outside shall be tight-fitting and free of breaks. Screening material shall be not less than 16 mesh to the inch.
Carpeting shall not be used in food preparation and warewashing areas, in food storage areas, and in toilet room areas where urinals or toilet fixtures are located.
Sawdust, wood shavings, granular salt, baked clay, cardboard, or similar materials shall not be used as a floor covering.
Mats and duckboards shall be of non-absorbent, grease resistant materials, and of such size, design, and construction to facilitate cleaning and shall be maintained in good repair.
Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the floor. In all new or extensively remodeled establishments, installation of exposed horizontal utility service lines and pipes on the floor is prohibited.
Walls and Ceilings
Walls and ceilings, including doors, windows, skylights, and similar closures, shall be maintained in good repair.
The walls, including non-supporting partitions, wall coverings, and ceilings of walk-in refrigeration units, food preparation areas, warewashing areas, toilet rooms and vestibules shall be light colored, smooth, non-absorbent and easily cleanable. Concrete or pumice blocks and bricks used for interior wall construction in these locations shall be finished, filled and sealed to provide a smooth easily cleanable surface.
Studs, joints, and rafters shall not be exposed in those areas listed in paragraph 7-202 of these Rules and Regulations. If exposed in other rooms or areas, they shall be finished to provide an easily cleanable surface.
Utility service lines and pipes shall not be unnecessarily exposed on walls or ceilings in those areas listed in paragraph 7-202 of these Rules and Regulations. Exposed utility lines and pipes shall be installed in a way that does not obstruct or prevent cleaning of the walls and ceilings.
Light fixtures, vent covers, wall mounted fans, decorative materials, and similar equipment attached to walls and ceilings shall be easily cleanable and shall be maintained in good repair.
Wall and ceiling covering materials shall be attached and sealed in a manner to be easily cleanable.
Cleaning Physical Facilities
All rooms shall have sufficient ventilation to keep them free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke and fumes. Ventilation systems shall be installed and operated according to law and, when vented to the outside, shall not create a harmful, or unlawful discharge. Intake and exhaust air ducts shall be maintained to prevent the entrance of dust, dirt, and other contaminating materials.
Dressing Room and Areas
If employees routinely change clothes within the establishment, rooms or areas shall be designated and used for that purpose. These designated rooms or areas shall not be used for food preparation, storage, display, or for warewashing, or storage of utensils and equipment.
When lockers or other similar facilities are provided for the storage of employee clothing and other belongings, such facilities may only be located in designated dressing rooms or areas in food storage rooms containing only completely packaged food or packaged single service articles.
Poisonous or Toxic Materials
Only those poisonous or toxic materials necessary for the maintenance of the establishment, including the cleaning and sanitization of equipment and utensils, and the control of insects and rodents, shall be present in retail food stores, except those items being stored or displayed for retail sale.
Containers of poisonous or toxic materials shall be prominently and distinctly labeled according to law for easy identification of contents.
Poisonous or toxic materials necessary for the maintenance of the establishment consist of the following two categories:
Each of the two categories shall be stored and located to be physically separated from each other. All poisonous or toxic materials shall be stored in cabinets or in similar physically separated compartments or facilities used for no other purpose. To preclude potential contamination, poisonous or toxic materials shall not be stored above or intermingled with food, food equipment, utensils or single-service articles, except that this requirement does not prohibit the convenient availability of detergent or sanitizers at warewashing facilities.
Poisonous or toxic materials stored or displayed for retail sale shall be separated from food and single-service articles by spacing, partitioning, or dividers. These materials shall not be stored or displayed above food or single-service articles.
First-aid supplies and personal medications shall be stored in a way that prevents them from contaminating food and food-contact surfaces.
No operation of a retail food store shall be conducted in any room used as living or sleeping quarters. Retail food operations shall be separated from any living or sleeping quarters by complete partitioning and solid, self-closing doors.
Maintenance and cleaning tools such as brooms, mops, vacuum cleaners and similar equipment shall be maintained and stored in a way that does not contaminate food, utensils, equipment, or linens and shall be stored in an orderly manner to facilitate the cleaning of that storage location.
Representatives of the Health Authority, after proper identification to the apparent person in charge, shall be permitted to enter any retail food store at any reasonable time for the purpose of making assessments to determine compliance with these Regulations The representatives shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received, or used.
An assessment of retail food store shall be performed at least once every six months. Additional assessments of the retail food store shall be performed as often as necessary for the enforcement of these Regulations.
Whenever an inspection of a retail food store or commissary is made, the findings shall be recorded on the inspection report form. The assessment report shall summarize the requirements of these Regulations. A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection.
Whenever a retail food store is constructed or extensively remodeled and whenever an existing structure is converted to use as a retail food store, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the Health Authority for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The Health Authority shall approve the plans and specifications if they meet the requirements of these Regulations. No retail food store shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the Health Authority.
Whenever plans and specifications are required by these Regulations to be submitted to the Health Authority, the Health Authority shall assess the retail food store prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of these Regulations.
When the Health Authority has reasonable cause to suspect possible disease transmission by an employee of a retail food store, it may secure a morbid history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The Health Authority may require any or all of the following measures:
Penalties for violations of these Rules and Regulations may be imposed as provided in Ark. Code Ann. § 20-7-101.
The Health Authority may seek to enjoin violations of these Regulations.
If any provision of these Rules and Regulations, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these Rules and Regulations which can give effect without the invalid provisions or applications, and to this end the provisions hereto are declared to be severable.
All Rules and Regulations and any parts of Rules and Regulations in conflict herewith are hereby repealed.
This will certify that the [amendments cumulative to the] foregoing Rules and Regulations Pertaining to Food Stores, Markets, and Warehouses were duly adopted by the Arkansas Department of Health at a regular session of the Board of Health held in Little Rock, Arkansas on the twenty-third day of April, 1992.
Fay Boozman, M.D., Director
Arkansas Department of Health
Dated at Little Rock, Arkansas on the Twenty Fifth day of July, 2002.
The foregoing Rules and Regulations Pertaining to Food stores, Markets, and Warehouses having been filed in my office, is hereby approved this tenth day of October, 2002.
(signed) Mike Huckabee Governor
The following state regulations pages link to this page.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.