Town of Salem, NH Article IV Food Equipment and Utensils: Food-Contact Surfaces

§ 270-17 Food-contact equipment and surfaces to meet standards.

A. All food equipment shall be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program.

(1) Characteristics of multiuse materials. Materials used in the construction of utensils and food-contact surfaces of equipment shall:

(a) Not allow the migration of deleterious substances;

(b) Not impart colors, odors, or tastes to food; and

(c) Be:

[1] Safe;

[2] Durable, corrosion-resistant, and nonabsorbent;

[3] Sufficient in weight and thickness to withstand repeated dishwashing;

[4] Finished to have a smooth, easily cleanable surface; and

[5] Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition.

(2) Good repair and proper adjustment.

(a) Equipment shall be maintained in a state of repair and condition that meets the requirements specified in this section and § 270-18.

(b) Equipment components, including but not limited to doors, seals, hinges, fasteners and kick plates, shall be kept intact, tight, and adjusted in accordance with the manufacturer's specifications.

(c) Cutting or piercing parts of can openers shall be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened.

(3) Multiuse food-contact surfaces. Multiuse food-contact surfaces shall be:

(a) Smooth;

(b) Free of breaks, open seams, cracks, chips, pits, and similar imperfections;

(c) Free of sharp internal angles, corners, and crevices;

(d) Finished to have smooth welds and joints; and

(e) Accessible for cleaning and inspection by one of the following methods:

[1] Without being disassembled;

[2] By disassembling without the use of tools; or

[3] By easy disassembling with the use of handheld tools commonly available to maintenance and cleaning personnel, including but not limited to screwdrivers, pliers, open-end wrenches, and Allen wrenches.

(4) Single-service articles. Single-service articles shall be made from clean, sanitary, food-grade materials.

(5) CIP equipment.

(a) CIP equipment shall meet the characteristics specified under Subsection A(1) above and shall be designed and constructed so that:

[1] Cleaning and sanitizing solutions circulate throughout a fixed system and contact all interior food-contact surfaces; and

[2] The system is self-draining or capable of being completely drained of cleaning and sanitizing solutions.

(b) CIP equipment that is not designed to be disassembled for cleaning shall be designed with inspection access points to assure that all interior food-contact surfaces throughout the fixed system are being effectively cleaned.

(6) New or remodeled walk-in refrigerators and freezers.

(a) New or remodeled walk-in refrigerators and freezers shall not contain interior wood surfaces.

(b) Upon change of ownership, all existing walk-in refrigerators and freezers shall not contain interior wood surfaces.

(7) Limitation on use of wood.

(a) Except for the following which shall be hard maple or an equivalently hard, close-grained, nonabsorbent wood, wood and wood wicker shall not be used as a food-contact surface:

[1] Cutting boards;

[2] Cutting blocks;

[3] Bakers' tables;

[4] Utensils, including but not limited to rolling pins, doughnut dowels, salad bowls, and chopsticks; and

[5] Paddles used in confectionery operations for pressure kettles when manually preparing confections at a temperature of 110° C. (230° F.) or above.

(b) 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 used.

(8) Limitation on use of cast iron. Cast iron shall not be used for utensils or food-contact surfaces of equipment except as:

(a) A surface for cooking; or

(b) In utensils for serving food if the utensils are used only as part of an uninterrupted process from cooking through service.

(9) Limitation on use of lead in solder and flux. Solder and flux containing lead in excess of 0.2% shall not be used on surfaces that contact food.

(10) Limitation on use of lead in ceramic, china, and crystal utensils. Ceramic, china, crystal utensils, and decorative utensils, including but not limited to hand-painted ceramic or china that is used in contact with food, shall be lead-free or contain levels of lead not exceeding the limits of the utensil categories specified in Table 2.6.1 below:

	Table 2.6.1 Maximum Lead Limits Allowed in Certain Utensil Categories
	Utensil Category	Description	Maximum Lead (mg/l)
	Hot beverage mugs	Coffee mugs	0.5
	Large hollowware	Bowls > 1.1 liters (1.16 quarts)	1
	Small hollowware	Bowls ˂ 1.1 liters (1.16 quarts)	2.0
	Flat utensils	Plates, saucers	3.0

(11) Limitation on use of copper, copper alloys and brass. Copper, copper alloys, and brass shall not be used:

(a) In contact with a food that has a pH below six, including but not limited to vinegar, fruit juice or wine; or

(b) For a fitting or tubing installed between a backflow prevention device and a carbonator.

(12) Limitation on use of galvanized metal. Galvanized metal shall not be used for utensils or food-contact surfaces of equipment used in contact with acidic foods, including but not limited to vinegar, fruit juice, or wine.

(13) Limitation on use of linens, napkins, and sponges.

(a) Linens and napkins shall not be used in contact with food except:

[1] To line containers used for the service of foods if the linens and napkins are replaced with clean ones each time the container is refilled for a new customer; and

[2] When cloth gloves are used in direct contact with food that is subsequently cooked.

(b) Sponges shall not be used in contact with cleaned and sanitized or in-use food-contact surfaces.

(14) Limitation on use of lead in pewter alloys. Pewter alloys containing lead in excess of 0.05% shall not be used as a food-contact surface.

(15) Use of mollusk and crustacea shells. Mollusk and crustacea shells shall be used only once as a serving container.

(16) Molluscan shellfish tanks. Molluscan shellfish life support system display tanks shall:

(a) Only be used to display shellfish that are not offered for human consumption; and

(b) Be conspicuously marked so that it is obvious to the consumer that the shellfish are for display only.

(17) Fixed equipment. Fixed equipment designed and fabricated to be cleaned and sanitized by pressure spray methods shall have sealed electrical wiring, switches, and connections.

(18) Location of equipment. Equipment, including but not limited to ice makers and ice storage equipment, shall not be located under exposed or unprotected sewer lines or waterlines, open stairwells, or other sources of contamination, except for automatic fire protection sprinkler heads required by law.

(19) Slash-resistant gloves; use limitation. Slash-resistant gloves used to protect hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified in § 270-6, including but not limited to frozen food and prime cuts of meat.

(20) Limitation on use of V threads. V-type threads in connectors on equipment shall not be used on food-contact surfaces, except for hot oil cooking or filtering equipment.

(21) Hot oil filtering equipment. Hot oil filtering equipment shall:

(a) Meet the characteristics specified under Subsection A(2) and (4); and

(b) Be readily accessible for filter replacement and cleaning of the filter.

(22) Can openers. Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement.

(23) Food temperature measuring devices. Except for thermometers with glass sensors or stems encased in a shatterproof coating, including but not limited to a candy thermometer, food temperature measuring devices shall not have sensors or stems constructed of glass.

(24) Equipment containing bearings and gears. Equipment containing bearings and gears requiring other than food-grade lubricants shall be designed and constructed so that the lubricant cannot leak, drip or be forced into food or onto food-contact surfaces. Only food-grade lubricants shall be used on equipment designed to receive lubrication of bearings and gears on or within food-contact surfaces.

(25) Beverage tubing; separation. Beverage tubing and cold-plate beverage cooling devices shall not be installed in contact with stored ice which is to be used for consumption.

(26) Ice units; separation of drains. Liquid waste drain lines shall not pass through an ice machine or ice storage bin.

(27) Dispensing equipment; protection of equipment and food. In equipment that dispenses or vends liquid food or ice in unpackaged form:

(a) The delivery tube, chute, orifice, and splash surfaces directly above the container receiving the food shall be designed so that drips from condensation and splash are diverted from the opening of the container receiving the food;

(b) The delivery tube, chute, and orifice shall be protected from manual contact by being recessed or by some equally effective design approved by the Health Division;

(c) The delivery tube or chute and orifice of equipment used to vend liquid food or ice in unpackaged form to self-service consumers shall 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:

[1] Located in an area outside the confines of a licensed food service establishment or retail food store which otherwise affords protection 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 an employee; and

(d) The dispensing equipment actuating lever or mechanism and filling device of consumer self-service beverage dispensing equipment shall be designed to prevent contact with the lip-contact surface of glasses or cups that are refilled.

(28) Can openers on vending machines. Cutting or piercing parts of can openers on vending machines shall be protected from manual contact, dust, insects, rodents, and other contamination.

B. Exceptions to equipment requirements.

(1) Equipment installed in a given food service establishment or retail food store as of the effective date of these rules which does not meet fully all of the design and fabrication requirements of these rules shall be deemed acceptable in that same establishment as long as:

(a) There is no change of ownership;

(b) The equipment is in good repair;

(c) The equipment is able to be maintained in a sanitary condition; and

(d) The food-contact surfaces are nontoxic.

(2) Upon change of ownership of any food service establishment or retail food store governed by Subsection B(1) above, all equipment shall meet the requirements of these rules.

(3) If Subsection B(1)(b), (c) or (d) above cannot be complied with, the license holder shall immediately remedy the noncompliance or enter into a compliance agreement under § 270-62 which shall state when the noncompliance will be remedied.

(4) All equipment installed after the effective date of these rules shall meet the provisions of this section. (March 26, 1998)