007.04.07 Ark. Code R. § 002 - Rules Pertaining to Retail Food Establishments
Current through Register Vol. 2022, No. 3, March, 2022
These provisions shall be known as the Food Code, hereinafter referred to THESE RULES AND REGULATIONS OR THIS REGULATION.
The purpose of THESE RULES AND REGULATIONS is to safeguard public health and provide to CONSUMERS FOOD that is safe, unADULTERATED, and honestly presented.
THESE RULES AND REGULATIONS establishes definitions; sets standards for management and personnel, FOOD operations, and EQUIPMENT and facilities; and provides for FOOD ESTABLISHMENT plan review, PERMIT issuance, inspection, EMPLOYEE RESTRICTION, and PERMIT suspension.
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.
Food, Drug, and Cosmetic Act; or
The permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the RETAIL FOOD ESTABLISHMENT during all hours of operation.
Based on the risks of foodborne illness inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the Hazard Analysis Critical Control Point principles, and the requirements of this Regulation. The person in charge shall demonstrate this knowledge by:
The person in charge shall ensure that:
employer requires employee reporting of:
The permit holder shall require food employee applicants to whom a conditional offer of employment is made and food employees to report to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food. A food employee or applicant shall report the information in a manner that allows the person in charge to prevent the likelihood of foodborne disease transmission, including the date of onset of jaundice or of an illness specified under Paragraph (C) of this section, if the food employee or applicant:
health status employee is ill
employee has symptom of:
Boil or infected wound
employee previously ill
* prepared or consumed food that caused disease
* lives with ill person
* lives with person involved in disease outbreak
The person in charge shall: excluding ill employees
* with symptom of illness or of past illness
* with symptom of illness or of past illness
* reinstating an excluded employee who is:
* no longer ill or
* free of jaundice
A food employee or a person who applies for a job as a food employee shall:
The person in charge shall notify the regulatory authority that a food employee is diagnosed with an illness due to Salmonella Typhi, Shigella spp., Shiga toxin-producing Escherichia coli, or hepatitis A virus.
Hands and Arms
Food employees shall keep their hands and exposed portions of their arms clean.
Food employees shall clean their hands and exposed portions of their arms as specified under Subpart 2-301.12 of this section at the following times:
Food employees shall clean their hands in a handwashing lavatory or approved automatic handwashing facility and may not clean their hands 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.
While preparing food, food employees may not wear jewelry including medical information jewelry on their arms and hands. This section does not apply to a plain ring such as a wedding band.
Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.
Food Contamination Prevention
(3) Exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
Food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with exposed food; clean equipment, utensils, and linens; or unwrapped single-service or single-use articles.
Food shall be safe, unADULTERATED, and, as specified under Subpart 3-601.12, honestly presented.
Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.
Fluid milk and milk products shall be obtained from sources that comply with grade a standards.
If wild mushrooms are to be sold they must be:
Specifications for Receiving
Food may not contain unAPPROVED food additives or additives that exceed amounts specified in 21 CFR 170-180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR 181-186, substances that exceed amounts specified in 9 CFR Subpart C Section 424.21(b) Food ingredients and sources of radiation, or pesticide residues that exceed provisions specified in 40 CFR 185 Tolerances for Pesticides in Food.
Shell eggs shall be received clean and sound and may not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in 7 CFR Part 56 - Voluntary Grading of Shell Eggs and United States Standards, Grades, and Weight Classes for Shell Eggs, and 9 CFR Part 590 - Inspection of Eggs and Egg Products.
Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.
Ice for use as a food or a cooling medium shall be made from drinking water.
When received by a RETAIL FOOD ESTABLISHMENT, SHELLSTOCK shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or SHELLSTOCK with badly broken shells shall be discarded.
Pre-PACKAGED JUICE shall:
Original Containers and Records
Preventing Contamination by Employees
A food employee may not use a utensil more than once to taste food that is to be sold or served.
Preventing Food and Ingredient Contamination
Working containers holding FOOD or FOOD ingredients that are removed from their original packages for use in the RETAIL FOOD ESTABLISHMENT, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the FOOD
except that containers holding food that can be readily and unmistakably recognized such as dry pasta need not be identified.
Pasteurized eggs or egg products shall be substituted for raw shell eggs in the preparation of foods such as Caesar salad, hollandaise or Be naise sauce, mayonnaise, eggnog, ice cream, and EGG-fortified beverages that are not:
Preventing Contamination from Ice Used as a Coolant
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 may not be used as food.
Preventing Contamination from Equipment, Utensils, and Linens
Food shall only contact surfaces of equipment and utensils that are cleaned as specified under Part 4-6 of THESE RULES AND REGULATIONS and sanitized as specified under Part 47 of this Regulation.
During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:
Linens and napkins may not be used in contact with food unless they are used 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.
Preventing Contamination from the Premises
Food may not be stored:
Potentially hazardous food dispensed through a vending machine shall be in the package in which it was placed at the RETAIL food establishment or food processing plant at which it was prepared.
During preparation, unPACKAGED food shall be protected from environmental sources of contamination.
Preventing Contamination by Consumers
Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the CONSUMER before consumption, food on display shall be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means.
CONSUMER self-service of READY-TO-EAT FOODS at buffets or salad bars that serve FOODS such as sushi or raw shellfish; 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 raw, frozen, shell-on shrimp or lobster.
Preventing Contamination from Other Sources
Food shall be protected from contamination that may result from a factor or source not specified under Subparts 3-301 - 3-306.
At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from potential contamination including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, drainage, and overhead leakage or overhead drippage from condensation. The temperature of potentially hazardous foods shall be 41º F. or below or 135º F. or above at all times, except as otherwise provided in these Regulations.
In the event of a fire, flood, power outage, or similar event that might result in the contamination of food, that might prevent potentially hazardous food from being held at required temperatures, the person in charge shall contact the REGULATORY Authority prior to re-opening. Upon receiving notice of this occurrence, the REGULATORY Authority shall take whatever action it deems necessary to protect the public health.
< 1 second (instantaneous)
Oven Temperature Based on Roast Weight
Less than 4.5 kg (10 lbs)
4.5 kg (10 lbs) or More
177oC (350oF) or more
121oC (250oF) or more
163oC (325oF) or more
121oC (250oF) or more
^ Relative humidity greater than 90% for at least 1 hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100% humidity.
Temperature °C (°F)
Time1 in Minutes
Temperature °C (°F)
Time1 in Seconds
1Holding time may include postoven heat rise.
Raw animal FOODS cooked in a microwave oven shall be:
Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of 60 C (140 F).
Previously 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.
Juice packaged in a RETAIL food establishment shall be:
Temperature and Time Control
Stored frozen FOODS shall be maintained frozen.
Frozen POTENTIALLY HAZARDOUS FOOD that is slacked to moderate the temperature shall be held:
Except as specified in Subparagraph (D) of this section, POTENTIALLY HAZARDOUS FOOD shall be thawed:
prepare and hold cold
Specialized Processing Methods
A RETAIL FOOD ESTABLISHMENT shall obtain a VARIANCE from the REGULATORY AUTHORITY as specified in Subpart 8-103.10 and under Subpart 8-103.11 before:
Clostridium botulinum Controls
PACKAGED FOOD shall comply with standard of identity requirements in 21 CRF 131-169 and 9 CFR 319 Definitions and Standards of Identity or Composition, and the general requirements in 21 CFR 130 - Food Standards: General and 9 CFR 319 Subpart A - General.
In a RETAIL food establishment that serves a highly susceptible population:
Materials that are used in the construction of UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT may not allow the migration of deleterious substances or impart colors, odors, or tastes to FOOD and under normal use conditions shall be:
Ceramic, china, crystal UTENSILS, and decorative UTENSILS such as hand painted ceramic or china that are used in contact with FOOD shall be lead-free or contain levels of lead not exceeding the limits of the following UTENSIL categories:
Maximum Lead mg/L
Hot Beverage Mugs
Bowls 1.1 L (1.16 QT)
Bowls < 1.1 L (1.16 QT)
Galvanized metal may not be used for UTENSILS or FOOD-CONTACT SURFACES of EQUIPMENT that are used in contact with acidic FOOD.
Sponges may not be used in contact with cleaned and SANITIZED or in-use FOOD-CONTACT SURFACES.
Multiuse KITCHENWARE such as frying pans, griddles, sauce pans, cookie sheets, and waffle bakers that have a perfluorocarbon resin coating shall be used with nonscoring or nonscratching UTENSILS and cleaning aids.
NonFOOD-CONTACT SURFACES of EQUIPMENT that are exposed to splash, spillage, or other FOOD soiling or that require frequent cleaning shall be constructed of a CORROSION-RESISTANT, nonabsorbent, and SMOOTH material.
Single-Service and Single-Use
Materials that are used to make SINGLE-SERVICE and SINGLE-USE ARTICLES:
Durability and Strength
Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.
Food temperature measuring devices may not 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.
Except for hot oil cooking or filtering EQUIPMENT, "V" type threads may not be used on FOOD-CONTACT SURFACES.
Hot oil filtering EQUIPMENT shall meet the characteristics specified under Subpart 4-202.11 or Subpart 4-202.12 and shall be readily accessible for filter replacement and cleaning of the filter.
Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement.
NonFOOD-CONTACT surfaces shall be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance.
Kick plates shall be designed so that the areas behind them are accessible for inspection and cleaning by being:
Filters or other grease extracting equipment shall be designed to be readily removable for cleaning and replacement if not designed to be cleaned in place.
dually scaled in Celsius and Fahrenheit shall be accurate to +1 C in the intended range of use.
shall be accurate to +2 F in the intended range of use.
readable and accurate to +1.5 C in the intended range of use.
in Fahrenheit shall be accurate to +3 F in the intended range of use.
Pressure measuring devices that display the pressures in the water supply line for the fresh hot water SANITIZING rinse shall have increments of 1 pounds per square inch or smaller and shall be accurate to + 2 pounds per square inch in the 15-25 pounds per square inch range.
Exhaust ventilation hood systems in FOOD preparation and WAREWASHING areas including components such as hoods, fans, guards, and ducting shall be designed to prevent grease or condensation from draining or dripping onto FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
In equipment that dispenses or vends liquid food or ice in unPACKAGED form:
The dispensing compartment of a vending machine including a machine that is designed to vend prePACKAGED snack food that is not potentially hazardous such as chips, party mixes, and pretzels shall be equipped with a self-closing door or cover if the machine is:
Equipment containing bearings and gears that require lubricants shall be designed and constructed so that the lubricant can not leak, drip, or be forced into food or onto food-contact surfaces.
Beverage tubing and cold-plate beverage cooling devices may not be installed in contact with stored ice. This section does not apply to cold plates that are constructed integrally with an ice storage bin.
Liquid waste drain lines may not pass through an ice machine or ice storage bin.
If a condenser unit is an integral component of equipment, the condenser unit shall be separated from the food and food storage space by a dustproof barrier.
Cutting or piercing parts of can openers on vending machines shall be protected from manual contact, dust, insects, rodents, and other contamination.
molluscan shellfish life support system display tanks may not be used to display shellfish that are offered for human consumption and shall be conspicuously marked so that it is obvious to the consumer that the shellfish are for display only.
less than 60 C (140 F) for more than 120 minutes immediately after the machine is filled, serviced, or restocked.
oo or digital readout in increments no greater than 1 C or 2 F in the intended range of use.
A warewashing machine shall 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:
Warewashing machine wash and rinse tanks shall be equipped with baffles, curtains, or other means to minimize internal cross contamination of the solutions in wash and rinse tanks.
A warewashing machine shall be equipped with a temperature measuring device that indicates the temperature of the water:
If hot water is used for sanitization in manual warewashing operations, the sanitizing compartment of the sink shall be:
at a temperature not less than 77 C (171 F); and
A warewashing machine that is installed after adoption of THESE RULES AND REGULATIONS by the regulatory authority, shall be designed and equipped to:
Sinks and drainboards of warewashing sinks and machines shall be self-draining.
Equipment compartments that are subject to accumulation of moisture due to conditions such as condensation, food or beverage drip, or water from melting ice shall be sloped to an outlet that allows complete draining.
Equipment, 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, shall be designed to be moved by hand or by conveniently available equipment such as hand trucks and forklifts.
Food equipment that is certified or classified for sanitation by an American National Standards Institute (ANSI)-accredited certification program will be deemed to comply with THESE RULES AND REGULATIONS.
Equipment for cooling and heating food, and holding cold and hot food, shall be sufficient in number and capacity to provide food temperatures as specified under THESE RULES AND REGULATIONS.
Drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary utensil holding before cleaning and after sanitizing.
Ventilation hood systems and devices shall be sufficient in number and capacity to prevent grease or condensation from collecting on walls and ceilings.
Utensils, Temperature Measuring Devices, and Testing Devices
A food dispensing utensil shall be available for each container displayed at a consumer self-service unit such as a buffet or salad bar.
In manual warewashing operations, a temperature measuring device shall be provided and readily accessible for frequently measuring the washing and sanitizing temperatures.
A test kit or other device that accurately measures the concentration in mg/L of sanitizing solutions shall be provided.
service and single-use articles.
Surfaces such as cutting blocks and boards that are subject to scratching and scoring shall be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded if they are not capable of being resurfaced.
Microwave ovens shall meet the safety standards specified in 21 CFR 1030.10 Microwave ovens.
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 Subpart 4-301.13 shall be cleaned:
When used for WAREWASHING, the wash compartment of a sink, mechanical warewasher, or wash receptacle of alternative manual WAREWASHING EQUIPMENT as specified in Subparagraph 4-301.12(C), shall 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.
The wash, rinse, and SANITIZE solutions shall be maintained clean.
The temperature of the wash solution in manual WAREWASHING EQUIPMENT shall be oo
maintained at not less than 43 C (110 F) or the temperature specified on the cleaning agent manufacturer's label instructions.
chemicals to SANITIZE may not be less than 49 C (120 F).
If immersion in hot water is used for SANITIZING in a manual operation, the temperature of the water shall be maintained at 77 C (171 F) or above.
The flow pressure of the fresh hot water SANITIZING rinse in a WAREWASHING machine may not be less than 15 pounds per square inch or more than 25 pounds per square inch as measured in the water line immediately downstream or upstream from the fresh hot water SANITIZING rinse control valve.
A chemical SANITIZER used in a SANITZING solution for a manual or mechanical operation at exposure times specified under Subparagraph 4-703.11(C) shall be listed in 21 CFR 178.1010 Sanitizing solutions, shall be used in accordance with the EPA-approved manufacturer's label use instructions, and shall be used as follows:
pH 10 or less ºC (ºF)
pH 8 or less ºC (ºF)
24 ( 75)
13 ( 55)
13 ( 55)
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 shall be the same detergent-SANITIZER that is used in the washing step.
Concentration of the SANITIZING solution shall be accurately determined by using a test kit or other device.
Utensils and Temperature and Pressure Measuring Devices
A RETAIL food establishment without facilities specified under Parts 4-6 and 4-7 for cleaning and sanitizing kitchenware and tableware shall provide only single-use kitchenware, single-service articles, and single-use articles for use by food employees and single-service articles for use by consumers.
Mollusk and crustacea shells may not be used more than once as serving containers.
room or area that is maintained at one of the temperatures in the following chart and:
5.0 C (41 F) or less
>5.0 C - 7.2 C
(>41 F - 45 F)
>7.2 C - 10.0 C
(>45 F - 50 F)
>10.0 C - 12.8 C
(>50 F - 55 F)
multiplication of pathogenic or toxigenic microorganisms that are capable of causing foodborne disease; or
NonFOOD-CONTACT SURFACES of EQUIPMENT shall be cleaned at a frequency necessary to preclude accumulation of soil residues.
Soiled items to be cleaned in a warewashing machine shall be loaded into racks, trays, or baskets or onto conveyors in a position that:
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 shall be done by using alternative manual warewashing equipment as specified in Subparagraph 4-301.12(C) in accordance with the following procedures:
Washed utensils and equipment shall 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:
Equipment food-contact surfaces and utensils shall be sanitized.
Utensils and food-contact surfaces of equipment shall be sanitized before use after cleaning.
After being cleaned, equipment food-contact surfaces and utensils shall be sanitized in:
achieving a utensil surface temperature of 71 C (160 F) as measured by an irreversible registering temperature indicator; or
Clean linens shall be free from food residues and other soiling matter.
Soiled linens shall be kept in clean, nonabsorbent receptacles or clean, washable laundry bags and stored and transported to prevent contamination of food, clean
EQUIPMENT, clean UTENSILS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
After cleaning and sanitizing, equipment and utensils:
Wiping cloths laundered in a RETAIL food establishment that does not have a mechanical clothes dryer as specified in Subparagraph 4-301.15(B) shall be air-dried in a location and in a manner that prevents contamination of food, equipment, utensils, linens, and single-service and single-use articles and the wiping cloths. This section does not apply if wiping cloths are stored after laundering in a sanitizing solution as specified under Subpart 4-501.114.
Lubricating and Reassembling
Lubricants shall be applied to food-contact surfaces that require lubrication in a manner that does not contaminate food-contact surfaces.
Equipment shall be reassembled so that food-contact surfaces are not contaminated.
Soiled tableware shall be removed from consumer eating and drinking areas and handled so that clean tableware is not contaminated.
If Tableware is preset:
Drinking water shall be obtained from an approved source that is:
A drinking water system shall be flushed and disinfected 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.
Bottled drinking water used or sold in a RETAIL food establishment shall be obtained from approved sources in accordance with 21 CFR 129 - Processing and Bottling of Bottled drinking water.
Except as specified under Subpart 5-102.12:
Except when used as specified under Subpart 5-102.12, water from a SEMI-PUBLIC water system shall be sampled and tested at least annually and as required by state water quality regulations.
The most recent sample report for the SEMI-PUBLIC WATER SYSTEM shall be retained on file in the RETAIL FOOD ESTABLISHMENT or the report shall be maintained as specified by state water quality regulations.
Quantity and Availability
Water under pressure shall be provided to all fixtures, EQUIPMENT, and nonFOOD EQUIPMENT that are required to use water except that water supplied as specified under Subparagraphs 5-104.12(A) and (B) to a TEMPORARY FOOD ESTABLISHMENT or in response to a temporary interruption of a water supply need not be under pressure.
Distribution, Delivery, and Retention
Water shall be received from the source through the use of:
Water meeting the requirements specified under Subparts 5-101, 5-102, and 5-103 shall be made available for a TEMPORARY FOOD ESTABLISHMENT without a permanent water supply, and for a RETAIL FOOD ESTABLISHMENT with a temporary interruption of its water supply through:
Design, Construction, and Installation
of at least 38 C (100 F) through a mixing valve or combination faucet.
An air gap between the water supply inlet and the flood level rim of the PLUMBING FIXTURE, EQUIPMENT, or nonFOOD EQUIPMENT shall be at least twice the diameter of the water supply inlet and may not be less than 1 inch.
A backflow or backsiphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering (A.S.S.E.) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device.
A water filter, screen, and other water conditioning device installed on water lines shall be designed to facilitate disassembly for periodic servicing and cleaning. A water filter element shall be of the replaceable type.
Numbers and Capacities
At least 1 toilet and not fewer than the toilets required by LAW shall be provided. If authorized by LAW and urinals are substituted for toilets, the substitution shall be done as specified in LAW.
At least 1 service sink or 1 curbed cleaning facility equipped with a floor drain shall 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.
A PLUMBING SYSTEM shall be installed to preclude backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the 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 required by LAW, by:
Location and Placement
A handwashing facility shall be located:
A backflow prevention device shall be located so that it may be serviced and maintained.
A water filter, screen, and other water conditioning device installed on water lines shall be located to facilitate disassembly for periodic servicing and cleaning.
Operation and Maintenance
A device such as a water treatment device or backflow preventer shall 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 shall be maintained by the PERSON IN CHARGE.
A PLUMBING SYSTEM shall be:
Materials that are used in the construction of a mobile water tank, MOBILE, SEASONAL FOOD ESTABLISHMENT AND COFFEE KIOSK water tank and appurtenances shall be:
Design and Construction
A mobile, seasonal, or coffee kiosk water tank shall be:
If a water tank is designed with an access port for inspection and cleaning, the opening shall be in the top of the tank and:
A fitting with "V" type threads on a water tank inlet or outlet shall be allowed only when a hose is permanently attached.
If provided, a water tank vent shall terminate in a downward direction and shall be covered with:
A hose used for conveying DRINKING WATER from a water tank shall be:
Numbers and Capacities
A filter that does not pass oil or oil vapors shall 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.
A cap and keeper chain, closed cabinet, closed storage tube, or other APPROVED protective cover or device shall be provided for a water inlet, outlet, and hose.
A MOBILE, SEASONAL, COFFEE KIOSK FOOD ESTABLISHMENT'S water tank inlet shall be:
Operation and Maintenance
If a water tank in a MOBILE RETAIL FOOD ESTABLISHMENT, a SEASONAL RETAIL FOOD ESTABLISHMENT, a COFFEE KIOSK RETAIL FOOD ESTABLISHMENT ,or a RETAIL FOOD ESTABLISHMENT with a temporary interruption of its water supply in accordance with Subpart 5-104.12, is to be used as alternative water supply, then in accordance with manufacturer specifications or at least every 14 consecutive days, the water tank must be drained, sanitized, and filled with water from an APPROVED source. A log must be maintained of the sanitizing and fresh water filling of the water tank.
A water tank, pump, and hoses shall be flushed and sanitized before being placed in service after construction, repair, modification, and periods of nonuse.
A PERSON shall operate a water tank, pump, and hoses so that backflow and other contamination of the water supply are prevented.
If not in use, a water tank and hose inlet and outlet fitting shall be protected using a cover or device as specified under Subpart 5-303.12.
Mobile, Seasonal, Coffee Kiosk Holding Tank
A SEWAGE holding tank in a MOBILE FOOD ESTABLISHMENT, a SEASONAL RETAIL FOOD ESTABLISHMENT, or a COFFEE KIOSK RETAIL FOOD ESTABLISHMENT shall be:
Retention, Drainage, and Delivery
design, construction, and installation
RETAIL Food ESTABLISHMENT drainage systems, including grease traps, that convey SEWAGE shall be designed and installed as specified under Subparagraph 5-202.11(A).
If used, a grease trap shall be located to be easily accessible for cleaning and installed according to the LAW.
operation and maintenance
Sewage shall 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.
A tank for liquid waste retention shall be thoroughly flushed and drained in a sanitary manner during the servicing operation.
design and construction
Sewage shall be disposed through an approved facility that is:
Condensate drainage and other nonSEWAGE liquids and rainwater shall be drained from point of discharge to disposal according to LAW.
Facilities on the Premises
materials, design, construction, and installation
If located within the RETAIL FOOD ESTABLISHMENT, a storage area for REFUSE, recyclables, and returnables shall meet the requirements specified under Subparts 6-101.11, 6-201.11 - 6-201.18, 6-202.15, and 6-202.16.
An outdoor storage surface for REFUSE, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be SMOOTH, durable, and sloped to drain.
If used, an outdoor enclosure for REFUSE, recyclables, and returnables shall be constructed of durable and cleanable materials.
A REFUSE receptacle may not be located within a VENDING MACHINE, except that a receptacle for BEVERAGE bottle crown closures may be located within a VENDING MACHINE.
numbers and capacities
A toilet room used by females shall be provided with a covered receptacle for sanitary napkins.
operation and maintenance
Refuse, recyclables, and returnables shall be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.
Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair.
may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.
Receptacles and waste handling units for refuse, recyclables, and returnables shall be kept covered:
Drains in receptacles and waste handling units for refuse, recyclables, and returnables shall have drain plugs in place.
A storage area and enclosure for refuse, recyclables, or returnables shall be maintained free of unnecessary items, as specified under Subpart 6-501.114, and clean.
Refuse, recyclables, and returnables shall 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.
Refuse, recyclables, and returnables shall be removed from the premises by way of:
Facilities for Disposal and Recycling
Solid waste not disposed of through the sewage system such as through grinders and pulpers shall be recycled or disposed of in an approved public or private community recycling or refuse facility; or solid waste shall be disposed of in an individual refuse facility such as a landfill or incinerator which is sized, constructed, maintained, and operated according to law.
Except as specified under Subpart 6-201.14, the floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are SMOOTH and EASILY CLEANABLE, except that antislip floor coverings or applications may be used for safety reasons.
Mats and duckboards shall be designed to be removable and EASILY CLEANABLE.
Studs, joists, and rafters may not be exposed in areas subject to moisture. This requirementdoesnotapplytoTEMPORARYFOODESTABLISHMENTS.
Heating, ventilating, and air conditioning systems shall be designed and installed so that make-up air intake and exhaust vents do not cause contamination of FOOD, FOOD-CONTACT SURFACES, EQUIPMENT, or UTENSILS.
A toilet room located on the PREMISES shall be completely enclosed and provided with a tight-fitting and self-closing door except that this requirement does not apply to a toilet room that is located outside a RETAIL FOOD ESTABLISHMENT and does not open directly into a food preparation area.
Perimeter walls and roofs of a RETAIL food establishment shall effectively protect the establishment from the weather and the entry of insects, rodents, and other animals.
If located outside, a machine used to vend food shall be provided with overhead protection except that machines vending canned BEVERAGES need not meet this requirement.
Servicing areas shall be provided with overhead protection except that 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, need not be provided with overhead protection.
Exterior walking and driving surfaces shall be graded to drain.
Outdoor refuse areas shall 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.
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 may not be used for conducting RETAIL food establishment operations.
Living or sleeping quarters located on the premises of a RETAIL food establishment such as those provided for lodging registration clerks or resident managers shall be separated from rooms and areas used for RETAIL food establishment operations by complete partitioning and solid self-closing doors.
Handwashing facilities shall be provided as specified under Subpart 5-203.11.
Each handwashing lavatory or group of 2 adjacent lavatories shall be provided with a supply of hand cleaning liquid, powder, or bar soap.
Each handwashing lavatory or group of adjacent lavatories shall be provided with:
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, may not be provided with the handwashing aids and devices required for a handwashing lavatory as specified under Subparts 6-301.11 and 6-301.12 and Subparagraph 5-501.16(C).
A sign or poster that notifies FOOD EMPLOYEES to wash their hands shall be provided at all handwashing lavatories used by FOOD EMPLOYEES and shall be clearly visible to FOOD EMPLOYEES.
A handwashing lavatory or group of adjacent lavatories that is provided with disposable towels shall be provided with a waste receptacle as specified under Subparagraph 5-501.16(C).
Toilets and Urinals
Toilets and urinals shall be provided as specified under Subpart 5-203.12.
A supply of toilet tissue shall be available at each toilet.
The light intensity shall be:
If necessary to keep rooms free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes, mechanical ventilation of sufficient capacity shall be provided.
Dressing Areas and Lockers
A service sink or curbed cleaning facility shall be provided as specified under Subpart 5 203.13.
Handwashing facilities shall be conveniently located as specified under Subpart 5-204.11.
Toilet rooms shall be conveniently located and accessible to EMPLOYEES during all hours of operation.
Products that are held by the PERMIT HOLDER for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.
Refuse, Recyclables, and Returnables
Units, receptacles, and areas designated for storage of REFUSE and recyclable and returnable containers shall be located as specified under Subpart 5-501.19.
Premises, Structures, Attachments, and Fixtures - Methods
The PHYSICAL FACILITIES shall be maintained in good repair.
Food preparation sinks, handwashing lavatories, and warewashing equipment may not 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.
After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies.
Except as specified in Subparagraph 6-501.13(B), sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials may not be used on floors.
Handwashing facilities shall be kept clean, and maintained and used as specified under
Toilet room doors as specified under Subpart 6-202.14 shall be kept closed except during cleaning and maintenance operations.
The presence of insects, rodents, and other pests shall be controlled to minimize their presence on the premises by:
Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the PREMISES at a frequency that prevents their accumulation, decomposition, or the attraction of pests.
Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall be:
The PREMISES shall be free of:
Containers of POISONOUS OR TOXIC MATERIALS and PERSONAL CARE ITEMS shall bear a legible manufacturer's label.
Working containers used for storing POISONOUS OR TOXIC MATERIALS such as cleaners and SANITIZERS taken from bulk supplies shall be clearly and individually identified with the common name of the material.
Poisonous or toxic materials shall be stored so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:
Presence and Use
Poisonous or toxic materials shall be:
A container previously used to store POISONOUS OR TOXIC MATERIALS may not be used to store, transport, or dispense FOOD.
Chemical SANITIZERS and other chemical antimicrobials applied to FOOD-CONTACT SURFACEs shall meet the requirements specified in 21 CFR 178.1010 sanitizing solutions.
Chemicals used to wash or peel raw, whole fruits and vegetables shall meet the requirements specified in 21 CFR 173.315 Chemicals used in washing or to assist in the lye peeling of fruits and vegetables.
Chemicals used as boiler water additives shall meet the requirements specified in 21
CFR 173.310 Boiler Water Additives.
Drying agents used in conjunction with sanitization shall:
- Substances Generally Recognized as Safe, or 21 CFR 184 - Direct Food Substances Affirmed as Generally Recognized as Safe,
Lubricants shall meet the requirements specified in 21 CFR 178.3570 Lubricants with incidental food contact, 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.
Restricted use pesticides specified under Subparagraph 7-202.12(C) shall meet the requirements specified in 40 CFR 152 Subpart I - Classification of Pesticides.
Rodent bait shall be contained in a covered, tamper-resistant bait station.
Medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator shall be:
First Aid Supplies
First aid supplies that are in a RETAIL food establishment for the employees' use shall be:
Other Personal Care Items
Except as specified under Subparts 7-207.12 and 7-208.11, employees shall store their personal care items in facilities as specified under Subparagraph 6-305.11(B).
Storage and Display
Poisonous or toxic materials shall be stored and displayed for retail sale so they can not contaminate food, equipment, utensils, linens, and single-service and single-use articles by:
Use for Intended Purpose
The REGULATORY AUTHORITY may grant a VARIANCE by modifying or waiving the requirements of THESE RULES AND REGULATIONS if in the opinion of the REGULATORY AUTHORITY a health HAZARD or nuisance will not result from the VARIANCE. If a VARIANCE is granted, the REGULATORY AUTHORITY shall retain the information specified under Subpart 8-103.11 in its records for the RETAIL FOOD ESTABLISHMENT.
Before a VARIANCE from a requirement of THESE RULES AND REGULATIONS is APPROVED, the information that shall be provided by the PERSON requesting the VARIANCE and retained in the REGULATORY AUTHORITY'S file on the RETAIL FOOD ESTABLISHMENT includes:
If the REGULATORY AUTHORITY grants a VARIANCE as specified in Subpart 8-103.10, or a HACCP PLAN is otherwise required as specified under Subpart 8-201.13, the PERMIT HOLDER shall:
Facility and Operating Plans
A PERMIT applicant or PERMIT HOLDER shall submit to the REGULATORY AUTHORITY properly prepared plans and specifications for review and approval before:
The plans and specifications for a FOOD ESTABLISHMENT, including a RETAIL FOOD ESTABLISHMENT specified under Subpart 8-201.13, shall include, as required by the REGULATORY AUTHORITY based on the type of operation, type of FOOD preparation, and FOODS prepared, the following information to demonstrate conformance with THESE RULES AND REGULATIONS provisions:
For a RETAIL food establishment that is required under Subpart 8-201.13 to have a HACCP plan, the plan and specifications shall indicate:
The REGULATORY AUTHORITY shall treat as confidential in accordance with LAW, information that meets the criteria specified in LAW for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specified under Subparts 8-201.12 and 8-201.14.
Construction Inspection and Approval
The REGULATORY AUTHORITY shall conduct one or more preoperational inspections to verify that the RETAIL FOOD ESTABLISHMENT is constructed and equipped in accordance with the APPROVED plans and APPROVED modifications of those plans, has established standard operating procedures as specified under Subparagraph 8-201.12(E), and is in compliance with LAW and THESE RULES AND REGULATIONS.
A PERSON may not operate a RETAIL FOOD ESTABLISHMENT without a valid PERMIT to operate issued by the REGULATORY AUTHORITY.
For RETAIL FOOD ESTABLISHMENTS that are required to submit plans as specified under Subpart 8-201.11 the REGULATORY AUTHORITY shall issue a PERMIT after:
The REGULATORY AUTHORITY may renew a PERMIT for an existing RETAIL FOOD ESTABLISHMENT or may issue a PERMIT to a new owner of an existing RETAIL FOOD ESTABLISHMENT after a properly completed inspection shows that the establishment is in compliance with this Regulation and the fees are paid.
Conditions of Retention
Upon acceptance of the PERMIT issued by the REGULATORY AUTHORITY, the PERMIT HOLDER in order to retain the PERMIT shall:
A PERMIT may not be transferred from one PERSON to another PERSON, from one RETAIL FOOD ESTABLISHMENT to another, or from one type of operation to another if the FOOD operation changes from the type of operation specified and the change in operation is not APPROVED.
popcorn, and pretzels.
Within the parameters specified in Subpart 8-401.10, the REGULATORY AUTHORITY shall prioritize, and conduct more frequent inspections based upon its assessment of a RETAIL FOOD ESTABLISHMENT'S history of compliance with THESE RULES AND REGULATIONS and the establishment's potential as a vector of foodborne illness by evaluating:
After the REGULATORY AUTHORITY presents official credentials and provides notice of the purpose of, and an intent to conduct, an inspection, the PERSON IN CHARGE shall allow the REGULATORY AUTHORITY to determine if the RETAIL FOOD ESTABLISHMENT is in compliance with THESE RULES AND REGULATIONS by allowing access to the establishment, allowing inspection, and providing information and records specified in THESE RULES AND REGULATIONS and to which the REGULATORY AUTHORITY is entitled according to LAW, during the RETAIL FOOD ESTABLISHMENT'S hours of operation and other reasonable times.
If a PERSON denies access to the REGULATORY AUTHORITY, the REGULATORY AUTHORITY shall:
If after the REGULATORY AUTHORITY presents credentials and provides notice as specified under Subpart 8-402.11, explains the authority upon which access is requested, and makes a final request for access as specified in Subpart 8-402.20, the PERSON IN CHARGE continues to REFUSE access, the REGULATORY AUTHORITY shall provide details of the denial of access on an inspection report form.
If denied access to a RETAIL FOOD ESTABLISHMENT for an authorized purpose and after complying with Subpart 8-402.20, the REGULATORY AUTHORITY may issue, or apply for the issuance of, an inspection order to gain access as provided in LAW.
Report of Findings
The REGULATORY AUTHORITY shall document on an inspection report form:
The REGULATORY AUTHORITY shall specify on the inspection report form the time frame for correction of the violations as specified under Subparts 8-404.11, 8-405.11, and 8-406.11.
At the conclusion of the inspection and according to THESE RULES AND REGULATIONS, the REGULATORY AUTHORITY shall provide a copy of the completed inspection report and the notice to correct violations to the PERMIT HOLDER or to the PERSON IN CHARGE, and request a signed acknowledgment of receipt.
The REGULATORY AUTHORITY shall:
Except as specified in Subpart 8-202.10, the REGULATORY AUTHORITY shall treat the inspection report as a public document and shall make it available for disclosure to a PERSON who requests it as provided in LAW.
Imminent Health Hazard
If operations are discontinued as specified under Subpart 8-404.11 or otherwise according to LAW, the PERMIT HOLDER shall obtain approval from the REGULATORY AUTHORITY before resuming operations.
Investigation and Control
The regulatory authority shall act when it has reasonable cause to believe that a food employee has possibly transmitted disease; may be infected with a disease in a communicable form that is transmissible through food; may be a carrier of infectious agents that cause a disease that is transmissible through food; or is affected with a boil, an infected wound, or acute respiratory infection, by:
Based on the findings of an investigation related to a food employee who is suspected of being infected or diseased, the regulatory authority may issue an order to the suspected food employee or permit holder instituting one or more of the following control measures:
Based on the findings of the investigation as specified in Subpart 8-501.10 and to control disease transmission, the regulatory authority may issue an order of exclusion to a suspected food employee or the permit holder without prior warning, notice of a hearing, or a hearing if the order:
The regulatory authority shall release a food employee from exclusion according to these rules and regulations and the following conditions:
A fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment not exceeding 1 month, or both the fine and imprisonment; or
violates a provision of THESE RULES AND REGULATIONS, any rule or regulation adopted in accordance with LAW related to RETAIL FOOD ESTABLISHMENTS within the scope of THESE RULES AND REGULATIONS, or to any term, condition, or limitation of a PERMIT issued as specified in Subparts 8-303.10 and 8-303.20 is subject to a civil penalty not exceeding one thousand dollars ($1,000.00).
If any provision of these Rules and Regulations or the application thereof to any person is held invalid, such invalidity shall not affect other provisions of applications of these Rules and Regulations which can effect the invalid provisions of applications, and to this end the provisions hereto are declared severable.
All Regulations and parts of Regulations in conflict herewith are hereby repealed.
This will certify that the foregoing Rules and Regulations Pertaining to Retail Food Establishments were adopted by the Arkansas Department of Health at the regular session of the Board of Health held in Little Rock, Arkansas on the 24th d 2008.
Paul Halverson, DrPH, FACHE Director and State Health Officer
Dated at Little Rock, this _______day of__________________, 2008
The foregoing Rules and Regulations, copy having been filed in my office, are hereby approved on this _____________day of ___________________, 2008.
Mike Beebe Governor
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