Md. Code Regs. 10.15.03.15 - Food Equipment and Utensils

Current through Register Vol. 49, No. 8, April 8, 2022

A. The person-in-charge shall ensure that:
(1) Except as provided in §§A(2) and (14) and B of this regulation, food equipment meets one or more of the following design standards:
(a) National Sanitation Foundation (NSF) or equivalent sanitation certification from:
(i) The Etlsemko division of Intertek Group PLC (Intertek ETL SEMKO);
(ii) Canadian Standards Association (CSA); or
(iii) Underwriters Laboratories (UL);
(b) Baking Industry Sanitation Standards Committee;
(c) National Automation Merchandizing Association;
(d) International Association of Milk and Food Sanitarian's "3-A Sanitary Standards"; or
(e) Another applicable published standard acceptable to the approving authority;
(2) When design standards conflict with State laws, codes, or regulations, the State laws, codes, or regulations are followed;
(3) Equipment and utensils are designed, constructed, and maintained to:
(a) Accomplish the intended and required functions;
(b) Protect food from internal and external contamination;
(c) Be durable under normal conditions and operations;
(d) Be resistant to:
(i) Denting;
(ii) Buckling;
(iii) Pitting;
(iv) Chipping;
(v) Crazing; and
(vi) Excessive wear;
(e) Have non-food contact surfaces where exposed to splash, food debris, or other soils that are:
(i) Smooth;
(ii) Washable; and
(iii) Readily accessible;
(f) Withstand repeated scrubbing, scouring, corrosive action of food, cleansers, and sanitizing agents; and
(g) Prevent harboring of soils, bacteria, or pests:
(i) In or on the equipment; and
(ii) Between the equipment and other equipment, floors, walls, or supports;
(4) Materials used as food contact surfaces of equipment are:
(a) Nontoxic;
(b) Unable to contaminate or be absorbed by food under the conditions of use;
(c) Non-porous and nonabsorbent; and
(d) Except for the use of cast iron as a food contact material if the surface is to be heated, corrosion resistant;
(5) Food contact surfaces of equipment and utensils are designed, constructed, and maintained to be:
(a) Smooth;
(b) Easily cleanable;
(c) In good repair;
(d) Free of difficult to clean internal corners and crevices;
(e) Self-emptying or self-draining if an interior surface;
(f) Visible or readily disassembled for inspection; and
(g) Readily:
(i) Accessible for manual cleaning without tools; or
(ii) Disassembled with the use of simple tools kept available near the equipment;
(6) Equipment designed for pressurized cleaning-in-place is designed, constructed, and maintained to:
(a) Fully circulate cleaning and sanitizing solutions through a fixed system in which the solutions will contact all interior food contact surfaces;
(b) Self-drain or otherwise completely evacuate all cleaning solutions; and
(c) Effectively clean and sanitize all food contact surfaces without disassembly;
(7) Cutting blocks, bakers tables, and similar wood food contact surfaces are made from:
(a) Hard maple; or
(b) Another material that is:
(i) Nontoxic;
(ii) Smooth; and
(iii) Free of cracks, crevices, and open seams;
(8) Lubricants used on bearings and gears of equipment are food-grade;
(9) Except for equipment that is portable, equipment that is placed on tables or counters is:
(a) Sealed in place;
(b) Mounted on legs or feet at least 4 inches high; or
(c) Installed to allow cleaning of the equipment and adjacent areas;
(10) Floor-mounted equipment is:
(a) Elevated:
(i) At least 6 inches above the floor; and
(ii) So that food contact surfaces are at least 18 inches above the floor; and
(b) Placed so that there is sufficient space for cleaning between:
(i) Adjoining units; and
(ii) A unit and the adjacent walls;
(11) The spaces between adjoining equipment are closed and sealed if exposed to seepage;
(12) Aisles or working spaces between equipment and between equipment and walls are:
(a) Unobstructed and of sufficient width to permit employees to perform duties without contaminating food or food-contact surfaces by clothing or personal contact; and
(b) In a new facility or a facility that is remodeled, a minimum width of:
(i) 3 feet where food preparation occurs on only one side of the aisle;
(ii) 4 feet where food preparation occurs on both sides of the aisle and employees work back to back;
(iii) 5 feet where food preparation occurs on both sides of the aisle, employees work back to back, and other employees must pass through the area; or
(iv) Another width approved by the approving authority based on a review that indicates compliance with §A(12)(a) of this regulation;
(13) Equipment is installed and located to limit the potential for cross-contamination of food;
(14) When an existing piece of equipment ceases to operate:
(a) Equipment intended for temporary use is:
(i) Acceptable to the approving authority; and
(ii) In compliance with §A(3)- (8) of this regulation;
(b) Equipment is replaced:
(i) With equipment that meets the requirements of this regulation; and
(ii) Within 30 working days from the date the permanent replacement plan required in §A(14)(c) of this regulation is accepted by the approving authority; and
(c) The approving authority is provided plans for permanent replacement of the failed unit within 10 working days after the failure of the unit; and
(15) A vending machine containing potentially hazardous foods has an automatic control that prevents the machine from vending food:
(a) If there is a power failure, mechanical failure, or other condition resulting in an internal machine temperature that cannot maintain food temperatures as specified in Regulation .06B(7) of this chapter; and
(b) Until serviced and working properly.
B. The approving authority may allow the use of equipment that meets §A(3)-(10) of this regulation but fails to comply with §A(1) of this regulation if a review indicates the equipment and its use are:
(1) Not harmful to public health; and
(2) Consistent with industry standards and practice.

Notes

Md. Code Regs. 10.15.03.15
Regulations .15 adopted effective March 4, 1991 (18:4 Md. R. 447)
Regulations .15 adopted effective December 17, 2007 (34:25 Md. R. 2211)
Regulation .15 amended effective March 19, 2010 (37:4 Md. R. 341)
Regulation .15A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1607); amended permanently effective January 24, 2011 (38:2 Md. R. 83); amended effective 47:20 Md. R. 875, eff. 10/5/2020

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