Allegheny County, PA Food Protection

The use of food in hermetically sealed containers that was not prepared in a food processing establishment is prohibited.

Fluid milk and fluid milk products used, or served, or offered for sale shall be pasteurized and shall meet the Grade A quality standards as established by law. Dry milk and dry milk products shall be made from pasteurized milk and milk products. Milk shall not be sold past the "sell-by" date noted on the container.

Fresh and frozen shucked shellfish and shell stock (oysters, clams or mussels) shall be received and/or repacked in nonreturnable packages identified with the name and address of the original shell stock processor, shucker-packer, or repacker, and the state certification number issued according to law. Shucked shellfish shall be kept in the container in which they were received until used or repacked or sold.

Each original container of shellstock and fresh and frozen shucked shellfish shall be identified by an attached tag, stating 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. Each tag or accurate record shall be kept for 90 days and be made available for inspection by the Department.

The repacking of shucked shellfish, breaking down of shellstock lots or shucking-repacking of shellfish shall be conducted in accordance with appropriate laws. The required records shall be kept for examination by the Department for 90 days.

Only clean, whole eggs with shell intact and without cracks or checks; or pasteurized liquid, frozen, or dry eggs or pasteurized dry egg products shall be used, except that hard-boiled, peeled eggs, commercially prepared and packaged, may be used or offered for sale. Shell eggs shall be transported and received in containers or vehicles with an ambient air temperature of 45° F. or below.

Only ice that has been manufactured from an approved source of potable water and packaged and handled in a sanitary manner shall be used or offered for sale.

General. At all times, including while being stored, prepared, displayed, served, dispensed, packaged, or transported, food shall be protected from cross-contamination between foods and from potential contamination by insects, insecticides, rodents, rodenticides, unclean equipment and utensils, unnecessary handling, flooding, draining, and overhead leakage or condensation, or other agents of public health significance. The temperature of potentially hazardous food shall be maintained at 41° F. or below, or 135° F. or above, at all times, except as otherwise provided in this chapter.

[Amended 9-3-2014, ratified by the County Council 11-18-2014 by Ord. No. 25-14]

Emergency occurrences. In the event of a fire, flood, power outage of two or more hours, alleged foodborne or waterborne illness outbreak of two or more people, or similar event that might result in the contamination of food, the permit holder or the person in charge shall immediately contact the Department. Upon receiving notice of this occurrence, the Department shall take whatever action deemed necessary to protect the public health.

Food, whether raw, cooked or prepared, if removed from the package or container in which it was obtained, shall be stored in a clean covered container except during necessary periods of preparation or service. Rapidly cooling foods and whole, unprocessed raw fruits and vegetables may be stored uncovered. Container covers shall be impervious and nonabsorbent, except that linens or napkins may be used for lining or covering bread or roll containers. Quarters or sides of meat may be hung uncovered on clean sanitized hooks if no food product is stored beneath the meat.

Containers of food shall be stored a minimum of six inches above the floor in a manner that protects the food from splash and other contamination and that permits easy cleaning of the storage area, except that:

Metal pressurized beverage containers, and cases of food packaged in cans, glass or other impervious containers need not be elevated when the food container or cases are not exposed to floor moisture; and the storage area is kept clean and free of moisture.

Containers may be stored on dollies, racks or pallets, provided such equipment is easily movable by hand or with the use of readily available pallet-moving equipment. Equipment, pallets, and storage areas must be kept clean.

Food and containers of food shall not be stored under exposed or unprotected sewer lines or water lines, except for automatic fire protection sprinkler heads that may be required by law. The storage of food in toilet rooms and their vestibules, garbage rooms, or mechanical rooms is prohibited.

Food not subject to further washing or cooking before serving shall be stored in a way that protects it against cross-contamination from food requiring washing or cooking. Raw potentially hazardous food must be stored below ready-to-eat foods. Raw foods which require higher cooking temperatures shall be stored below or separate from foods requiring lower cooking temperatures.

Packaged food shall not be stored in contact with water or undrained ice. Loosely wrapped ready-to-eat food shall not be stored indirect contact with ice.

Bulk food such as cooking oil, syrup, salt, sugar, or flour not stored in the product container or package in which it was obtained, shall be stored in a container identifying the food by its common English name.

Refrigerated and frozen storage.

Enough conveniently located refrigeration units or effectively insulated units shall be provided to assure the maintenance and cooling of potentially hazardous food at required temperatures. Each refrigerated unit storing potentially hazardous food shall be provided with a numerically scaled indicating or recording thermometer, accurate to ___°± of located to measure the air temperature in the warmest part of the unit and located to be easily readable.

Potentially hazardous foods requiring refrigeration shall be held at or below 45° F.

Frozen food shall be stored at a temperature of or at a temperature below 32° F. that assures the product remains frozen.

Ice intended for human consumption shall not be used as a medium for cooling stored food, food containers, or food utensils, except that such ice may be used for cooling tubes conveying beverages or beverage ingredients to a dispenser head. Ice used for cooling stored food and food containers shall not be used for human consumption.

Hot storage.

Enough conveniently located hot food storage units shall be provided to assure the maintenance of potentially hazardous food at the required temperature during storage. Each hot food unit storing potentially hazardous food shall be provided with a numerically scaled indicating or recording thermometer, accurate to ±2° F., located to measure the air temperature in the coolest part of the unit and located to be easily readable. Where it is impractical to install thermometers on equipment such as bains-marie, steam tables, steam kettles, heat lamps, or insulated food transport carriers, a clean product thermometer must be available and used to check internal food temperature.

The internal temperature of potentially hazardous food requiring hot storage shall be 135° F. or greater.

[Amended 9-3-2014, ratified by the County Council 11-18-2014 by Ord. No. 25-14]

General.

[Amended 9-3-2014, ratified by the County Council 11-18-2014 by Ord. No. 25-14]

Food shall be prepared with minimal hand contact, with suitable utensils, and on surfaces that prior to use have been cleaned, rinsed and sanitized to prevent cross-contamination.

Food employees shall not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils, such as deli tissue, spatulas, tongs, single-use gloves or dispensing equipment.

Each time there is a change in processing between raw meats, poultry, and seafood, or between raw and ready-to-eat foods, each new operation shall begin with food-contact surfaces and utensils which have been cleaned, rinsed, and sanitized.

Potentially hazardous foods that are in a form to be consumed without further cooking such as salads, sandwich spreads, and filled pastry products shall be prepared from chilled ingredients.

Raw fruits and raw vegetables. Raw fruits and vegetables shall be thoroughly washed with potable water before being cooked, cut, or served. Melons, once cut, shall be considered potentially hazardous and therefore held at 45° F. or below. Melons, if not under temperature control, shall not be stored at room temperature for any longer than four hours. Labels containing the time at which the melons are initially displayed at room temperature must be affixed to the package.

Cooking potentially hazardous foods.

Potentially hazardous foods requiring cooking shall be cooked to heat all parts of the food to a temperature of at least 140° F., except that:

Poultry, poultry stuffing, stuffed meats and stuffing containing meat shall be cooked to heat all parts of the food to at least 165° F. with no interruption of the cooking process.

Ground beef and ground beef products shall be cooked to heat all parts of the food to at least 155° F. unless otherwise ordered by the immediate consumer.

Pork and any food containing pork shall be cooked to heat all parts of the food to at least 150° F.

Roast beef and beef steak shall be cooked to an internal temperature of at least 130° F. unless otherwise ordered by the immediate consumer.

Raw animal products cooked in a microwave oven shall be rotated during cooking to compensate for uneven heat distribution and shall be heated an additional 25° F. to compensate for uneven heat distribution.

Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of at least 135° F.

[Added 9-3-2014, ratified by the County Council 11-18-2014 by Ord. No. 25-14]

Cooking potentially hazardous foods.

Potentially hazardous food requiring refrigeration after preparation shall be rapidly cooled to an internal temperature of 45° F., or below. Potentially hazardous foods shall be rapidly cooled, utilizing such methods as:

Placing of foods in shallow metal pans under refrigeration and limiting the depth of foods to four inches or less dependent upon thickness/density of the foods;

An ice bath where the bath is at least to the level of the food in the container and the food is frequently stirred;

Slicing large cuts of meat/roasts or cutting them into pieces no larger than four (4) pounds and placing under refrigeration;

Other approved means such as blast chillers or adding ice to a condensed food.

In all cases, potentially hazardous food shall be cooled from 135° F. to 70° F. or below within two hours and from 70° F. to 41° F. in an additional four hours for a total cooling time not to exceed six hours. If internal food temperatures do not reach 70° F. in two hours, the total cooling time from 135° F. to 41° F. shall be reduced to four hours. Foods shall be left uncovered while cooling. Cooling of foods shall be conducted in an environment which will protect the food from contamination. Temperature monitoring shall be required during cooling. Recording of the cooling process on cooling charts shall be required at all times.

[Amended 9-3-2014, ratified by the County Council 11-18-2014 by Ord. No. 25-14]

Reheating.

Previously cooked potentially hazardous foods shall be rapidly reheated within two hours to 165° F. or higher throughout all parts of the food before being served or before being placed in a hot storage unit. Steam tables, bains-marie, warmers, and similar hot food holding facilities are prohibited for the rapid reheating of potentially hazardous foods.

Commercially canned, intact packaged foods shall be reheated to a minimum of 135° F. unless otherwise ordered by the Director.

[Amended 9-3-2014, ratified by the County Council 11-18-2014 by Ord. No. 25-14]

When a microwave oven is used food temperatures shall be taken throughout the food, due to uneven heat distribution, to assure a reheat temperature of 165° F.

Product thermometers. Metal stem-type numerically scaled indicating thermometers or other approved temperature measuring devices, properly calibrated and accurate to ±1° F., shall be provided and used to assure the attainment and maintenance of proper internal cooking, reheating, holding, or refrigeration temperatures of all potentially hazardous foods. Such thermometers shall provide a minimum range of -220° F.

Thawing potentially hazardous foods. Potentially hazardous foods shall only be thawed:

In refrigerated units at a temperature not to exceed 45° F.; or

Under potable running water at a temperature of 70° F. or below, with sufficient water velocity to agitate and float off loose food particles into the overflow; or

In a microwave oven only when the food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven; or

As part of the conventional cooking process.

Bakery product fillings. Custards, cream fillings, and similar products, including synthetic fillings, shall be held at 45° F. or below following preparation and be maintained at that temperature during storage, transportation, and display. Products with synthetic fillings may be excluded from this requirement if:

The food, including the interface between the bakery product and its filling, has a pH level of 4.6 or below, or a water activity value of 0.85 or less under standard conditions; or

It is handled in such a manner as to preclude contamination with and the growth of pathogenic microorganisms after heat processing; or

Other scientific evidence has been provided to the regulatory authority satisfactorily demonstrating that the specific product will not support the growth of pathogenic microorganisms.

Eggs and egg products.

Only clean, uncracked eggs, or pasteurized eggs and egg products shall be utilized. Whole shell eggs shall not be used in food items which do not require further cooking prior to consumption.

Food service institutions that serve food to high-risk individuals shall utilize only pasteurized eggs and egg products when:

Any part of a raw egg will be consumed; or

Foods are prepared with raw eggs that would not be heated adequately to kill Salmonella serotype enteritidis, or

Eggs are combined in a container and not cooked immediately.

Potentially hazardous food. Potentially hazardous food shall be kept at an internal temperature of 41° F. or below or at an internal temperature of 135° F. or above during display and service, except that roast beef may be held for service at a temperature of no less than 130° F.

[Amended 9-3-2014, ratified by the County Council 11-18-2014 by Ord. No. 25-14]

Display equipment.

Prepared food on display shall be protected from consumer contamination by being packaged; or by easily cleanable sneeze guards for counters, service lines, or salad bars; or by cabinets for self-service; or by similar protective equipment. The exception to this is where whole, unprocessed raw fruits, raw vegetables, or whole raw fish are displayed for sale.

Enough hot or cold food units shall be provided to assure the maintenance of potentially hazardous foods at the required temperature during display.

Potentially hazardous food shall not be provided for consumer self-service other than at a properly protected buffet or salad bar type operation.

Reuse of tableware.

Reuse of soiled tableware is prohibited. Clean plates, bowls, and/or single-service articles must be used each time a customer returns to the service area. Beverage cups and glasses are exempt from this requirement.

Food facilities must post a sign prohibiting the reuse of plates or bowls by customers in salad bar or similar self-service areas.

Dispensing utensils.

To avoid unnecessary manual contact with food, suitable dispensing utensils and/or single-service articles shall be used by employees or provided to consumers who serve themselves as in bulk food sales, buffets, or at salad bars.

Between uses, dispensing utensils shall only be stored:

In the food with the handle extended out of the food; or

Clean and dry; or

In running potable water; or

In a running potable water dipper well.

Milk and cream dispensing.

Milk and milk products for drinking purposes shall be provided to the consumer in an unopened, commercially filled package not exceeding one pint in capacity, or drawn from a commercially filled container stored in a mechanically refrigerated bulk milk dispenser. The dispensing tube shall be cut at a forty-five-degree angle. Where a bulk dispenser for milk and milk products is not available and portions of less than 1/2 pint are required for mixed drinks, cereal, or dessert service, milk and milk products may be poured from a commercially filled container of not more than one-half-gallon capacity.

Cream, half-and-half, nondairy creamers, or whitening agents shall be provided in an individual service container, protected pour-type pitcher, or drawn from a refrigerated dispenser designed for such service.

Condiment dispensing.

Sugar, condiments, seasonings, and dressings for self-service or table counter service, shall be provided in individual packages, from dispensers, or from containers protected in accordance with this chapter.

Ketchup and other sauces may be served in the original container or a pour-type dispenser.

Ice dispensing.

Ice for consumer use shall be dispensed only by employees with scoops, tongs, or other ice dispensing utensils or through automatic self-service, ice dispensing equipment. Consumers may obtain ice for themselves only through automatic self-service equipment.

Ice dispensing utensils for use by employees shall be stored on a clean surface or in an ice storage bin with the handle of the utensil extending out of the ice. No utensil shall be stored inside an ice making machine unless the machine is equipped for its storage.

Between uses, ice transfer receptacles shall be stored off the floor in a way that protects them from contamination.

Ice making machines and storage bins shall be drained through plumbed pipes with an air gap according to the Allegheny County Health Department Plumbing Code.

Re-service of food. Once served to a consumer, portions of leftover food shall not be served again. However, packaged food, other than potentially hazardous food, that is still packaged and is still in sound condition, may be re-served.

General. The requirements for storage, display, and general protection against contamination, as contained in this chapter, shall apply in the transporting of all food from a food facility to another location for service or catering operations. All potentially hazardous food shall be kept at 41° F. or below, or 135° F. or above, during transportation. Adequate and approved equipment must be used for maintaining food product temperatures.

[Amended 9-3-2014, ratified by the County Council 11-18-2014 by Ord. No. 25-14]

Food protection. During its transportation from a food facility to another location, food and food-contact items shall be kept in covered containers or be completely wrapped or packaged so as to be protected from contamination.

General. Employees engaged in food preparation and warewashing operations and service shall thoroughly wash their hands and the exposed portions of their arms with soap or detergent and warm water before starting work; after tobacco or e-cigarette use; handling garbage or soiled tableware or kitchenware; coughing, sneezing, touching the mouth, nose or hair; eating; using the toilet; before and after handling raw meat, raw poultry or raw seafood, or any other potentially hazardous food; and as often as is necessary during work to keep them clean. The use of clean disposable gloves and hand sanitizers shall not be a substitute for hand washing. Single-use disposable gloves shall be changed as often as necessary in accordance with the requirements listed above for hand washing.

[Amended 11-2-2016, ratified by the County Council 3-7-2017 by Ord. No. 07-17]

Tobacco and e-cigarette use. Employees shall not use tobacco or e-cigarettes in any form while engaged in food preparation or service, while in areas used for food preparation, or equipment and utensil washing areas.

[Amended 11-2-2016, ratified by the County Council 3-7-2017 by Ord. No. 07-17]

Designated dining area. Employees shall consume food only in designated dining areas, which will not result in contamination of other food, equipment, utensils or other items needing protection. Beverages may be consumed in food preparation areas as long as hand to mouth contact is minimized and contamination of food and food-contact surfaces is prevented.

Handling tableware. Employees shall handle soiled tableware in a way that minimizes contamination of their hands and of clean tableware.

Clothing. The outer clothing of all employees shall be clean.

Hair restraints. Employees shall use effective hair restraints when necessary to prevent the contamination of food or food contact surfaces.

Approved handwash sinks. Handwashing is not permitted in sinks used for food preparation or for washing equipment or utensils.

General. Multiuse equipment and utensils shall be constructed and repaired with safe, nontoxic materials, including finishing materials; shall be corrosion resistant, nonabsorbent; and shall be smooth, easily cleanable, and constructed to be 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 contaminate food in any other manner.

Solder. If solder is used, it shall be lead-free, composed of safe materials, and be corrosion resistant.

Wood. Hard maple or equivalent nonabsorbent wood that meets the general requirements set forth in the above sections of this chapter maybe used for cutting boards, bakers' tables and salad bowls. Wood may also be used for single-service articles, such as chopsticks, stirrers, or ice cream spoons. Wood shall not be used as a food-contact surface under other circumstances. Pressure-treated lumber or other similar material is prohibited on exposed surfaces in food preparation, food storage, and utensil washing areas.

Plastics and rubber materials. Approved plastic, rubber or rubber-like materials that are resistant under normal conditions 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 set forth in previous sections of this chapter, are permitted for repeated use.

Cutting surfaces. When cutting surfaces can no longer be effectively cleaned and sanitized due to scratching or scoring these surfaces shall be repaired or replaced as determined by the Director.

Single-service articles. Single-service articles shall not be reused.

Mollusk and crustacea. The reuse of mollusk and crustacea shells as food containers is prohibited.

General. 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. All equipment and utensils must conform to National Sanitation Foundation (NSF) Standards or other equivalent standards in food industries where NSF Standards do not apply. These standards are on file at the Allegheny County Health Department.

Food-contact surfaces shall be easily cleanable, smooth, and free of breaks, open seams, cracks, chips, pits, and similar imperfections, and free of difficult-to-clean internal corners and crevices. Cast iron may be used as a food-contact surface only if the surface is used for cooking. Threads shall be designed to facilitate cleaning; ordinary "V" type threads are prohibited in food-contact surfaces, except that in equipment such as ice makers, hot oil cooking equipment, or hot oil filtering systems, such threads shall be minimized.

Equipment containing bearings and gears requiring lubricants not made of safe materials shall be designed and constructed so that the lubricant cannot leak, drip, or be forced into food or onto food-contact surfaces. Equipment designed to receive lubrication of bearings and gears on or within food contact surfaces shall use food-grade lubricants approved by the US Food and Drug Administration in the Code of Federal regulations. Tubing conveying beverages or beverage ingredients to dispensing heads may be in contact with stored ice: provided that such tubing is fabricated from safe materials, is grommeted at entry and exit points to preclude condensation from entering the ice machine or the ice storage bin, and is kept clean. Drainage or drainage tubes from dispensing units shall not pass through the ice machine or the ice storage bin.

Sinks and drain boards shall be sloped to drain and be self-draining. All utensil sinks must have at least one properly installed drainboard.

Accessibility. Unless designed for in-place cleaning, food-contact surfaces shall be accessible for cleaning and inspection:

Without being disassembled; or

By disassembling without the use of tools; or

By easy disassembling with the use of only simple tools, such as mallets, screwdrivers, or open-end wrenches which are kept near the equipment.

In-place cleaning. Equipment intended for in-place cleaning shall be so designed and fabricated that:

Cleaning and sanitizing solutions can be circulated throughout a fixed system using an effective cleaning and sanitizing regimen; and

Cleaning and sanitizing solutions will contact all interior food-contact surfaces; and

The system is self-draining or capable of being completely evacuated.

Non-food-contact surfaces. 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.

Ventilation hoods. All hoods must be constructed in accordance with NSF Standard #1 and the National Fire Prevention Association Code #96.

Maintenance of equipment and utensils. All equipment and utensils shall be maintained in good repair to comply with the requirements of this chapter.

Location.

Equipment must be installed as to be easily cleanable and to permit the easy cleaning of the surrounding areas.

Food equipment shall not be located under exposed, unshielded sewer lines, water lines that are leaking, water lines on which condensed water may accumulate, open stairwells or other sources of contamination, except for automatic fire protection sprinkler heads that may be required by law.

Equipment shall be located so that aisles, working spaces between pieces of equipment, and working spaces between equipment and walls are unobstructed and sufficient to permit employees to perform their duties without contaminating food and food-contact surfaces.

Installation.

Table-mounted equipment.

Table-mounted equipment shall be installed to permit cleaning of the equipment and adjacent areas.

Table-mounted equipment, unless portable, shall be sealed to the table or elevated on legs that provide at least a four-inch clearance between the table and the equipment.

Floor-mounted equipment.

Floor-mounted equipment, unless easily movable, shall be sealed to the floor or elevated on legs that provide at least a six-inch clearance between the floor and the equipment.

Display shelving units, refrigeration units, and freezer units are exempt from this requirement if they are installed so that the floor beneath the units can be cleaned.

Spacing for fixed equipment. Unless there is space that will permit employee access for cleaning along side, behind, and above a unit of fixed equipment, the space between it and adjoining equipment, walls and ceilings shall be sealed if more than 1/32 inch.

Handling. Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from contamination. Spoons, knives, and forks shall be touched only by their handles. Cups, glasses, bowls, plates and similar items shall be handled without touching food contact surfaces.

Storage.

Cleaned and sanitized utensils and equipment shall be stored at least six inches above the floor in a clean, dry location in a way that protects them from contamination by splash, dust, and other means. The food-contact surfaces of fixed equipment shall also be protected from contamination. Equipment and utensils shall not be placed underexposed sewer lines or water lines, except for automatic fire protection sprinkler heads that may be required by law.

Utensils shall be air dried before being stored or shall be stored in a self-draining position.

Glasses and cups shall be stored inverted, wherever practical. Facilities for the storage of knives, forks, and spoons shall be designed and used to present the handle to the employee or consumer. Unless tableware is prewrapped, holders for knives, forks, and spoons at self-service locations shall protect these articles from contamination and present the handle of the utensil to the consumer.

Single-service articles.

Single-service articles shall be stored at least six inches above the floor in closed cartons or containers which protect them from contamination and shall not be placed under exposed sewer lines or water lines, except for automatic fire protection sprinkler heads that may be required by law.

Single-service articles shall be handled and dispensed in a manner that prevents contamination of surfaces which may come in contact with food or with the mouth of the user.

Single-service knives, forks and spoons packaged in bulk shall be inserted into holders or be wrapped by employees who have washed their hands immediately prior to sorting or wrapping the utensils. Unless single-service knives, forks and spoons are prewrapped or prepackaged, holders shall be provided to protect these items from contamination and present the handle of the utensil to the consumer.

Prohibited storage area. The storage of food equipment, utensils or single-service articles in toilet rooms or their vestibules, garbage rooms or mechanical rooms is prohibited.

Cleaning frequency.

Tableware shall be washed, rinsed, and sanitized after each use.

Method.

To prevent cross-contamination, kitchenware and food-contact surfaces of equipment shall be:

[1]

Washed (hot, soapy water).

[2]

Rinsed (clear water).

[3]

Sanitized (approved sanitizer and water).

[4]

Air dried.

This practice shall be done after each use and following any interruption of operations, during which time, contamination may have occurred.

Where equipment and utensils are used for the preparation of potentially hazardous foods on a continuous or production-line basis, utensils and the food-contact surfaces of equipment shall be washed, rinsed and sanitized at regular intervals. This schedule is subject to the approval of the regulatory authority and shall be based on food temperature, type of food, and amount of food particle accumulation.

The food-contact surfaces of grills, griddles, and similar cooking devices and the cavities and door seals of microwave ovens shall be cleaned at least once a day, except that this shall not apply to hot oil cooking equipment and hot oil filtering systems. The food-contact surfaces of all cooking equipment shall be kept free of encrusted grease deposits and other accumulated soil.

Non-food-contact surfaces of equipment shall be cleaned as often as is necessary to keep the equipment free of accumulation of dust, dirt, food particles, and other debris.

Wiping cloths.

Cloths used for wiping food spills on tableware, such as plates or bowls being served to the consumer, shall be clean, dry and used for no other purpose.

Moist cloths or sponges while being used for wiping food spills on kitchenware, food-contact and non-food contact surfaces of equipment shall be clean and rinsed frequently in one of the sanitizing solutions permitted in Subsection C(5) and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses.

Manual cleaning and sanitizing.

For manual washing, rinsing and sanitizing utensils and equipment, a sink with no fewer than three compartments shall be provided and used. Sink compartments shall be large enough to permit the accommodation of the equipment and utensils, and each compartment of the sink shall be supplied with hot and cold potable running water. Fixed equipment and utensils and equipment too large to be cleaned in the sink compartments shall be washed and then sanitized manually or cleaned and sanitized through pressure spray methods.

Drain boards of adequate size shall be provided for proper handling of soiled utensils prior to washing and for clean utensils following sanitizing and shall be located so as not to interfere with the proper use of the dishwashing facilities.

Equipment and utensils shall be pre-flushed or pre-scraped and, when necessary, pre-soaked to remove gross food particles and soil.

Except for fixed equipment and utensils too large to be cleaned in sink compartments, manual washing, rinsing and sanitizing shall be conducted in the following sequence:

Sinks shall be cleaned prior to use.

Equipment and utensils shall be thoroughly washed in the first compartment with a hot detergent solution that is kept clean.

Equipment and utensils shall be rinsed free of detergent and abrasives in clean water in the second compartment.

Equipment and utensils shall be sanitized in the third compartment according to one of the methods included in Subsection C(5)(a) through (d).

Equipment and utensils shall be air dried.

The food-contact surfaces of all equipment and utensils shall be sanitized by:

Immersion for at least one-half minute in clean, hot water at a temperature of at least 170° F.; or

Immersion for at least one minute in a clean solution containing at least 50 parts per million of available chlorine as a hypochlorite and having a temperature of at least 75° F.; or

Immersion for a least one minute in a clean solution containing at least 12.5 parts per million of available iodine and having a temperature of at least 75° F.; or

Immersion in a clean solution containing any other chemical sanitizing agent allowed by the US Food and Drug Administration in the Code of Federal Regulations, that will provide the equivalent bactericidal effect of a solution containing at least 50 parts per million of available chlorine as a hypochlorite and having a temperature of at least 75° F. for one minute; or

Treatment with steam free from materials or additives other than those specified by the US Food and Drug Administration in the Code of Federal Regulations in the case of equipment too large to be sanitized by immersion but in which steam can be confined; or

(f)

Rinsing, spraying, or swabbing with a chemical sanitizing solution of at least the strength required for that particular sanitizing solution under Subsection C(5)(d) above, in the case of equipment too large to sanitize by immersion.

When hot water is used for sanitizing, the following facilities shall be provided and used:

An integral heating device or fixture installed in or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of at least 170° F.; and

A numerically scaled indicating thermometer accurate to ±2° F. convenient to the sink that can be used for frequent checks of water temperature; and

Dish baskets of such size and design to permit complete immersion of the tableware, kitchenware, and equipment in the hot water.

(7)

When chemicals are used for sanitizing, they shall not have concentrations higher than the maximum permitted by the US Food and Drug Administration in the Code of Federal Regulations. Test strips, a test kit, or other device that accurately measures the parts per million concentration of the solution shall be provided and used.

Mechanical cleaning and sanitizing. Cleaning and sanitizing may be done by spray-type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils. Such machines and devices shall be properly installed and maintained in good repair. Machines and devices shall be operated in accordance with the manufacturer's instructions, and utensils and equipment placed in the machine shall be exposed to all dishwashing cycles. Automatic detergent dispensers and wetting agent dispensers, and liquid sanitizer injectors, if any, shall be properly installed and maintained. All mechanical cleaning and sanitizing equipment must comply with NSF Standards.

In-place cleaning. Equipment intended for in-place cleaning shall be so designed and fabricated that:

Cleaning and sanitizing solutions can be circulated throughout a fixed system using an effective cleaning and sanitizing regimen; and

Cleaning and sanitizing solutions will contact all interior food-contact surfaces; and

The system is self-draining or capable of being completely evacuated.

Air drying. All equipment, tableware and utensils shall be air-dried.

Sanitizing. When chemicals are used for sanitizing, they shall not have concentrations higher than the maximum permitted by the US Food and Drug Administration Code of Federal Regulations. Test strips, a test kit, or other device that accurately measures the parts per million concentration of the solution shall be provided and used. When hot water is used for sanitizing, heat sensitive tapes shall be provided and used to monitor final rinse temperature.

General. Enough potable water for the needs of the food facility shall be provided from an approved source.

All potable water not provided by pipe to any permanent food facility from the source shall be delivered in an approved bulk-water transport system and to an approved closed water system.

Bottled and packaged potable water shall be obtained from an approved source and shall be handled and stored in a way that protects it from contamination. Bottled and packaged potable water shall be dispensed from the original container. This water supply cannot be used as a primary and permanent source.

Hot and cold water under pressure shall be provided to all applicable fixtures and equipment that use water.

Only culinary steam shall be used in contact with food or food contact surfaces.

All sewage shall be disposed of in a public sewer or, in the absence thereof, in accordance with state law.

Plumbing shall be properly maintained and installed according to the Allegheny County Health Department Plumbing Code.

General provisions.

Toilet rooms shall be convenient and adequate and shall be installed within the facility according to this chapter.

Employee toilet rooms shall be accessible at all times.

Toilet rooms, separate for each sex, shall be required for patrons in food facilities where seating is provided. Any food facility which was constructed prior to October 4, 1976, is exempt from this section.

Toilet rooms for patrons cannot be accessed through food preparation or food storage areas.

The minimum number of toilet room fixtures shall conform to the Allegheny County Health Department Plumbing Code.

Toilet rooms shall be completely enclosed and have tight fitting, self-closing, solid doors, which shall be closed except during cleaning or maintenance.

Toilet fixtures. 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 shall be provided for waste materials. Toilet rooms used by women shall have at least one covered waste receptacle.

Handwash sinks in toilet rooms shall be installed properly and at least the number required by the Allegheny County Health Department Plumbing Code.

Sufficient handwash sinks as determined by the Director shall be convenient to the food preparation area and available for use by all employees.

Handwash sinks located in or near each food preparation, processing, and utensil washing area, and in or adjacent to all toilet rooms, shall be accessible at all times.

Handwash sinks shall not be used for food preparation or washing of equipment and utensils.

Handwash sinks shall be provided with hot and cold water with a mixing valve.

Any self closing or metering faucet 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.

A supply of hand cleaning soap or detergent shall be conveniently located near each handwash sink. A supply of sanitary towels or a hand drying device providing heated air shall be conveniently located near each handwash sink. Common towels are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be conveniently located near the handwash sinks.

Handwash sinks, soap dispensers, hand drying devices and all related fixtures shall be kept clean and in good repair.

Sufficient notices shall be conspicuously posted above or near handwash sinks directing all employees to thoroughly wash and clean their hands.

Containers.

Garbage and refuse shall be held in durable, easily cleanable, insect-resistant, and rodent-resistant containers that do not leak and do not absorb liquids. Plastic bags may be used to line these containers.

Containers used in food preparation and utensil washing areas shall be kept covered during nonworking hours and after they are filled.

Containers stored outside the establishment, including dumpsters, compactors, and compactor systems, shall be easily cleanable, leakproof, shall be provided with tight-fitting lids, doors, or covers, and shall be kept covered when not in actual use. In containers designed with drains, drain plugs shall be in place at all times, except during cleaning.

There shall be a sufficient number of containers to hold all the garbage and refuse that accumulates between garbage pick-up times.

Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction and minimize odors. Each container shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food, equipment, utensils, or food preparation areas. Suitable facilities, detergent, and hot water or steam, shall be provided and used for cleaning containers. Liquid waste from compacting or cleaning operations shall be disposed of as sewage.

Storage.

Garbage and refuse on the premises shall be stored in a manner to make them inaccessible to insects and rodents. Outside storage of non-rodent-resistant plastic containers, unprotected plastic bags, or baled units which contain garbage or refuse is prohibited. Cardboard or other packaging material not containing garbage or food wastes need not be stored in covered containers.

Garbage or refuse storage rooms, if used, shall be constructed of easily cleanable, nonabsorbent, washable materials, shall be kept clean, shall be insect and rodent resistant, and shall be large enough to store all the garbage and refuse.

Outside storage areas or enclosures, shall be kept clean and shall be large enough to store all the garbage and refuse containers necessitated by disposal pick-up frequency. Garbage and refuse containers, dumpsters, and compactor systems located outside, shall be stored on or above a smooth surface of nonabsorbent material, such as concrete or machine-laid asphalt, that is kept clean and maintained in good repair.

General. Effective and approved measures shall be utilized to minimize the entry of rodents, flies, cockroaches, or other vermin. The premises shall be maintained free of vermin and in a condition so as to prevent the entrance, harborage and feeding of such vermin.

Openings. Openings to the outside shall be effectively protected against the entry of rodents and 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, 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.

Floor construction.

Floors and floor coverings of all food preparation, food storage, and warewashing areas, dressing rooms, locker rooms, toilet rooms and vestibules, shall be constructed of smooth durable material such as sealed concrete, terrazzo, quarry tile, ceramic tile, durable grades of vinyl asbestos or plastic tile, or tight-fitting wood impregnated with plastic, and shall be maintained in good repair. Anti-slip floor covering may be used in areas where necessary for safety reasons. Floors shall be kept clean and maintained in good repair.

Floors which are flushed with water or which receive discharges of water or other fluid wastes or are in areas where pressure spray methods for cleaning are used, shall be provided with properly installed trapped drains. Such floors shall be constructed only of sealed concrete, terrazzo, quarry tile, ceramic tile, or similar materials and shall be graded to drain.

In all facilities utilizing concrete, terrazzo, quarry tile, ceramic tile, or similar flooring materials, or where water flush cleaning methods are used, the junctures between walls and floors shall be coved and sealed. In all other cases, the juncture between walls and floors shall be coved so as not to present an open seam of more than 1/32 inch.

Carpeting. Carpeting, if used as a floor covering, shall be of closely woven construction, properly installed, easily cleanable, and maintained in good repair. Carpeting shall not be used in food preparation and warewashing areas, in food storage areas, or in toilet room areas.

Prohibited floor covering. Sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials shall not be used as floor coverings; however, these materials may be used in amounts necessary for immediate spot clean-up of spills or drippage on floors, and shall be readily removed.

Mats and duckboards. Mats and duckboards shall be of nonabsorbent, grease-resistant materials, and of such size, design, and construction to facilitate cleaning and shall be maintained in good repair.

Utility line installation. 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.

Maintenance. Walls and ceilings, including doors, windows, skylights, and similar closures, shall be kept cleaned and maintained and in good repair.

Construction. The walls and wall coverings of food preparation areas, warewashing areas, and toilet rooms and their vestibules shall be smooth, nonabsorbent, and easily cleanable. Concrete or pumice blocks and bricks used for interior wall construction in these locations shall be finished and sealed to provide a smooth easily cleanable surface.

Exposed construction. Studs, joists, and rafters shall not be exposed in those areas listed in Section 321.2 of this chapter. If exposed in other rooms or areas, they shall be finished to provide a cleanable surface.

Utility line installation. Utility service lines and pipes shall not be exposed on walls or ceilings in those areas listed in Subsection B. Exposed utility service lines and pipes in permitted areas shall be installed in a way that does not obstruct or prevent cleaning of the walls and ceilings.

Attachments. Light fixtures, vent covers, mounted fans, decorative materials, and similar attachments to walls and ceilings shall be easily cleanable and shall be maintained in good repair.

The following areas of a food facility shall be well lighted by permanently fixed artificial light sources:

At least 20 footcandles of light from a permanently fixed artificial source shall be provided to work levels of all food preparation surfaces, equipment or utensil washing areas and equipment and utensil storage areas, and restrooms.

At least 20 footcandles, to be measured at a distance of 30 inches from the floor, shall be provided in all other areas of a food facility, including walk-in refrigerating units, dry storage, dressing rooms, restrooms and garbage/refuse storage areas.

Shielding to protect against broken glass falling onto food shall be provided for all artificial lighting fixtures located over, by or within food storage, preparation, service and display areas, and facilities where utensils and equipment are cleaned and stored, except for areas in which commercially packaged food is stored where the integrity of the package will not be affected by broken glass.

Infrared or other type heat lamps shall be protected against breakage by a shield surrounding and extending beyond the bulb, leaving only the face of the bulb exposed.

All rooms shall have sufficient ventilation to keep them free of excessive heat, steam, condensation, vapor, 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 nuisance nor an unsightly, harmful or unlawful discharge.

Special ventilation.

Intake and exhaust air ducts shall be maintained to prevent the entrance of dust, dirt, and other contaminating materials.

In new or extensively remodeled establishments, all rooms from which obnoxious odors, vapors, or fumes originate shall be mechanically vented to the outside.

Ventilation systems designed for installation over cooking and dishwashing equipment shall be provided with approved ventilating hoods and ducts, blowing devices, fans or other mechanical means. These ventilation hoods and devices shall be designed to prevent grease or condensate from dripping into food or onto food preparation surfaces. Filters, where used, shall be readily removable for cleaning or replacement.

Restrooms must be ventilated to the outside by approved mechanical means, a fully operational window, or if access is not available, an approved ventless unit.

General. If employees routinely change clothes within the facility, rooms shall be designated for that purpose. These designated rooms shall not be used for food preparation, storage, or service, or for utensil washing or storage.

Lockers. Suitable and sufficient lockers or other approved facilities shall be provided for the orderly storage of employee clothing and other belongings. Such lockers or other approved facilities shall not be located in any room or area where food is prepared, manufactured, or packed and shall be maintained clean and in good repair.

General.

There shall be present in food facility only those poisonous or toxic materials necessary for operating and maintaining the facility; for cleaning and sanitizing equipment and utensils; and for controlling insects and rodents.

This does not apply to packaged products offered for retail sale.

Container labeling. All containers of poisonous or toxic materials shall be prominently and distinctively marked or labeled for easy identification of contents. This shall include containers of sanitizing solution.

Storage.

Poisonous and toxic materials shall not be stored above or adjacent to food, food equipment, utensils, equipment washing facilities and drainboards, or single-service items to prevent possible contamination. This requirement does not prohibit the convenient availability of detergents and sanitizer at utensil or dishwashing stations.

Poisonous or toxic materials stored or displayed for retail sale shall not be kept above or adjacent to food or single-service articles.

Use.

Poisonous or toxic materials shall not be used in any way that contaminates food, equipment, or utensils; nor in any way that constitutes a hazard to employees or other persons; nor in any way other than in full compliance with the manufacturer's labeling.

Bait stations shall be tamper-resistant or covered to prevent spillage and scattering of poisonous material.

Toxic tracking materials shall not be used in food establishments.

Bactericides, cleaning compounds, or other compounds intended for use on food contact surfaces shall not be used in any way that leaves a toxic residue on such surfaces or that constitutes a hazard to employees or other persons.

Personal health aids and cosmetics.

First aid supplies shall be stored in a labeled kit or container and shall not be stored adjacent to or above food, food contact surfaces of equipment and utensils, or single-service articles.

Only those medications necessary for the health of employees may be present. Medications shall not be stored adjacent to or above food, food contact surfaces of equipment and utensils, or single-service articles. Medication that requires refrigeration shall be double-packaged, properly labeled, and stored on the bottom shelf.

Cosmetics and grooming articles shall not be stored adjacent to or above food, food contact surfaces of equipment and utensils, or single-service articles.

First aid supplies, medicines, and cosmetics that are stored and displayed for retail sale shall not be stored adjacent to or above food and single-service articles.

General.

The food facility shall be maintained in good repair. All parts of the property used in connection with operation of the facility shall be reasonably free of litter and articles not essential to the operation or maintenance of the facility.

The premise shall be kept clean and maintained, free from rubbish, refuse, dust, and dirt. The methods of cleaning must be approved and cleaning must be done in a manner least likely to affect food.

At least one service sink or curbed cleaning facility with a floor drain shall be provided and used for the cleaning of mops, disposal of mop water, or similar liquid wastes.

The surfaces of all exterior areas of the food facility shall be constructed to facilitate maintenance and minimize dust. These surfaces shall be graded to facilitate drainage and eliminate pooling.

The traffic of unnecessary persons through the food preparation and utensil washing areas is prohibited.

Living areas. No operation of a food facility shall be conducted in any room used as living or sleeping quarters. Food service operations shall be separated from any living or sleeping quarters by complete partitioning and solid, self-dosing doors.

Laundry facilities.

Laundry facilities in a food facility shall be restricted to the washing and drying of linens and work clothes used in the operation. If such items are laundered on the premise, an electric or gas washer and dryer shall be provided and used.

Separate rooms shall be provided for laundry facilities except that such operations may be conducted in storage rooms containing only prepackaged foods or packaged single-service articles. Dryers must be properly vented.

Linen and clean work clothes storage.

Clean clothes and linens, including wiping cloths, shall be stored in a clean place in an orderly manner and protected from contamination until used.

Soiled work clothes and linens, including wiping cloths, shall be kept in nonabsorbent containers or washable laundry bags until routinely removed for laundering, and shall be stored to prevent contamination of food, food equipment and utensils.

Cleaning equipment storage. Maintenance and cleaning tools such as brooms, mops, vacuum cleaners, and similar equipment shall be maintained in good repair 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. Mops and brooms shall be stored off the floor to facilitate drying.

Animals.

Live animals shall be excluded from within the food facility operational areas and from immediately adjacent areas inside the premise. This exclusion does not apply to edible fish, crustacea, shellfish or fish in aquariums.

Live or dead fish bait shall be stored separately from food or food products.

Animals accompanying physically challenged persons shall be permitted in customer areas. Patrol dogs accompanying security or police officers shall be permitted in offices, storage areas and the outside premises.

While on duty, persons employed in the food operational areas of a facility shall not care for or handle any animals.

General.

Mobile food units shall comply with the requirements of this section and all other applicable sections of this chapter except as otherwise provided in this paragraph and in Subsection B. The Department may impose additional requirements to protect against health hazards related to the conduct of the food facility as a mobile operation, may prohibit the sale of some or all potentially hazardous food, and when no health hazard will result, may waive or modify requirements of this section relating to physical facilities, except those requirements of Subsections C, D and G.

All mobile food units or pushcarts shall display a valid approved mobile food unit sticker issued by the Department at all times in a place conspicuous to the public.

Restricted operation. Mobile food units serving only food in prepackaged individual servings, transported and stored under conditions meeting the requirements of this chapter, beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment, need not comply with requirements of this chapter pertaining to the necessity of water and sewage systems nor to those requirements pertaining to the warewashing if the required equipment for warewashing exists at the commissary.

Single-service articles. Mobile food units shall provide only single-service articles for use by the consumer.

Water system. A mobile food unit requiring a water system shall have a potable water system under pressure. The water used on these units must be in accordance with § 830-14 of this chapter. The system shall be of sufficient capacity to furnish enough hot and cold water for food preparation, warewashing, and handwashing, in accordance with the requirements of this chapter. The water inlet shall be located so that it will not be contaminated by waste discharge, road dust, oil, or grease, and it shall be kept capped unless being filled. The water inlet shall be provided with a transition connection of a size or type that will prevent its use for any other service. All water distribution pipes or tubing shall be constructed using safe materials and properly installed in accordance with the requirements of this chapter.

Waste retention. If liquid waste results from operation of a mobile food unit, the waste shall be stored in a permanently installed retention tank that is of at least fifteen-percent larger capacity than the water supply tank. Liquid waste shall not be discharged from the retention tank when the mobile food unit is in motion. The connections on the vehicle for servicing mobile food unit waste disposal facilities shall be of a different size or type than those used for supplying potable water to the mobile food unit. The waste connection shall be located lower than the water inlet connection to preclude contamination of the potable water system.

Mobile food unit operation. The operator of the unit must submit to the Department a current copy of the state registration of the vehicle, approved commissary documentation, and upon request of the Department, a current list of the proposed food service locations and approximate arrival times to those locations.

Commissary.

Mobile food units shall operate from a commissary or other fixed food facility and shall report daily to such location for all food and supplies and again for all cleaning, servicing operations and waste disposal.

The commissary or other fixed food facility used as a base of operation for mobile food units shall be constructed and operated in compliance with the requirements of this chapter. If the commissary is located outside Allegheny County, the mobile food unit operator must show proof that said commissary possesses a valid license or permit and has had a satisfactory recent inspection from the appropriate regulatory authority for that location.

The commissary shall have all the necessary equipment needed to properly prepare and process food for sale from a mobile food unit.

General.

Temporary food stands and seasonal food stands shall comply with the requirements of this chapter except as otherwise provided in this section. The Director may impose additional requirements to protect against health hazards related to the conduct of temporary food stands or seasonal food stands and may prohibit the sale of some or all potentially hazardous foods.

No potentially hazardous foods prepared in a private home or an unpermitted facility may be used or sold in a temporary or seasonal food stand.

Limited food preparation. Food preparation shall be simplified to reduce or eliminate hazardous food preparation steps.

The Director may review food preparation steps of any menu item and may require modification of the food preparation steps to assure safe food.

Number of menu items may be limited by the Director based on the types of foods served and the extent of food preparation and available equipment.

Ice and refrigeration.

If ice is to be used for temperature control, the following criteria must be met:

Ice shall be from an approved source.

The ice-holding container shall be of a nonporous, easily cleanable surface, with an attached lid. Styrofoam coolers shall not be approved.

Ice used for holding food or beverages shall not be used for human consumption.

Ice containers shall be drained to prevent accumulation of water.

Loosely wrapped foods shall not be in direct contact with ice.

Mechanical refrigeration units shall be clean and in good repair and shall be capable of maintaining food temperatures at 45° F. or below. Alternate methods of temperature control shall be provided in the event of a power outage.

Water supply.

A readily available supply of running water from an approved source shall be provided at all times to the event location.

A minimum of 10 gallons of water from an approved source shall be kept at each stand. This water must be stored in an approved covered container and poured from a dispensing spout.

In the case where hot water is not available to the site, an adequate means of heating water shall be provided by the operator.

When only prepackaged food is sold the requirements under Subsection D(2) and (3) will be waived.

Cleaning and sanitizing equipment.

Adequate facilities shall be set up for cleaning and sanitizing food-contact surfaces such as cooking utensils, cutting boards, knives, etc. Three labeled containers of adequate volume must be utilized in the following manner:

Wash (hot, soapy water).

Rinse (clear water).

Sanitize (approved sanitizer and water).

Containers shall be stored off the ground and adequately protected. An approved sanitizer must be on the site and used in the above manner at all times. All utensils and equipment must be air dried.

Handwashing. Handwashing facilities shall be provided in all cases except where only prepackaged foods are sold. The use of clean water drawn from a dispensing spout and soap is acceptable for handwashing. Dipping of hands in the water is not approved. Single-service towels must be provided for hand drying. The use of readily available moist towelettes containing an approved disinfectant agent also is acceptable.

Construction of the stand.

Overhead protection shall be provided for all food preparation and food storage areas. Materials such as canvas, plastic or wood that protect the establishment from the weather shall be approved. A site shall be chosen which will minimize problems with dirt and dust.

The remainder of the stand shall be constructed of material which allows easy cleaning.

Sewage.

Containers of adequate capacity with tight-fitting lids shall be provided for retention of all wastewater prior to disposal.

All wastewater shall be disposed of in a sanitary sewer.

Adequate toilet facilities shall be available at the event. Approved portable toilets shall be provided if public restrooms are unavailable.

General. Food facilities shall comply with the requirements of this chapter while conducting modified atmosphere packaging and shall adhere to the requirements listed in this section. Written permission shall be obtained from the Department for each food which is modified atmosphere packaged. The request from the food facility and approval from the Department shall be product specific.

Safety barriers.

Refrigeration is the primary safety barrier. Only refrigerated foods that possess one or more of the following secondary safety barriers can be packaged in a modified atmosphere:

Water activity (A_w) below .91.

Acidity (pH) of less than 4.6.

High levels of nonpathogenic competing organisms that prohibits the growth of pathogenic bacteria.

Meat or poultry products processed under USDA Supervision with a nitrite level of at least 120 ppm and a minimum brine concentration of 3.5%.

Frozen foods provided the product is maintained in a frozen state before, during and after packaging.

Fish and fishery products. Raw or processed fish and fishery products may not be processed in a modified atmosphere unless held frozen before, during and after packaging.

Approved product list for modified atmosphere packaging must be posted in the processing area.

Signs must be posted in the processing area warning against packaging unapproved foods.

All foods in modified atmosphere packages must be refrigerated at 45° F. or below or kept frozen at 0° F. or below.

Labeling: "use by" dates.

Each package of refrigerated retail processed food in a modified atmosphere must bear a "Use By" date. This date cannot exceed 14 days from retail processing. Also, the date assigned by the retailer cannot go beyond the manufacturer's recommended "Pull Date" for the food. The "Use By" date must be listed on the principal display panel in bold type on a contrasting background. Modified atmosphere packaged foods shall not be sold past the "Use By" date on the label. Foods that remain frozen before, during and after processing are exempt from this requirement.

Packaging must bear "Keep Refrigerated" or "Keep Frozen" statement on the principal display panel in bold type on a contrasting background.

Hazard Analysis and Critical Control Point (HACCP). All food facilities processing food in a modified atmosphere must develop a HACCP Program and maintain a copy of this program at the processing site for review by the appropriate regulatory authority. This HACCP Program shall include:

A complete description of the processing, packaging, and storage procedures. The program must also identify the critical control points in the procedure with a description of how these will be monitored and controlled.

A list of the equipment and food contact packaging supplies used including compliance standards required by the regulatory agency (i.e., NSF, USDA, etc.).

A description of the lot identification system.

A description of the employee training program.

If gases are used, they must be identified as being of food grade quality and must be listed by proportion of gas(es) used in the packaging.

A description of the procedure along with the frequency for cleaning and sanitizing the involved food contact surfaces in the processing area.

(7)

A description of action to be taken if there is a deviation from the process approved by the regulatory agency.

Safety barrier verification. The safety barrier requirement must be verified in writing for all foods processed in a modified atmosphere. This can be accomplished via written certification from the product manufacturer or through independent laboratory analysis of the incoming product using the official method of analysis. Any changes in product formulation or processing procedures that impact on the safety barrier require recertification of the product. All barrier certifications must be updated every 12 months or as required by the appropriate regulatory authority. A record of all safety barrier verifications must be available at the processing site for regulatory review.

USDA process exemption. Meat and poultry products, cured under USDA inspection or a state program equal to USDA, with a nitrite level of at least 120 ppm and a brine concentration of at least 3.5% are exempt from the safety barrier verification requirements.

Microbiological testing. Microbiological testing of product at the end of shelf life will only occur if an existing or potential problem is identified.

Precautions against contamination. Only unopened packages of commercially manufactured food products can be used to process in a modified atmosphere. If it is necessary to stop processing for a period in excess of one-half hour, the remainder of that product must be diverted for another use in the retail operation.

Designated area/restricted access. All aspects of modified atmosphere packaging shall be conducted in an area specifically designated for this purpose. There shall be an effective separation to prevent cross contamination between raw and cooked products. Access to the processing area shall be restricted to responsible trained personnel who are familiar with the potential hazards of this operation.

Sanitization. All equipment and food contact surfaces must be sanitized prior to use for the modified atmosphere packaging of food.

Employee training. Employees assigned to process foods in modified atmosphere packages must be familiar with these guidelines and the potential hazards associated with modified atmosphere packaged foods. A description of the training and course content provided to the employees must be available for review and approval by the Department.

Permit required; term.

It shall be unlawful for any person to operate a food facility in the County of Allegheny without first obtaining a valid health permit from the Director.

This permit, unless revoked or suspended, shall be valid for a period of no more than a year and for use only by the person or persons owning the business establishment at the address given at the time of issuance. Such permits are not transferable. Caterers who operate out of an existing permitted facility must also possess a valid Health Permit. All permits shall be posted in a place conspicuous to the public. Only persons who comply with all applicable Department rules and regulations, state and federal laws shall be entitled to receive and retain such a permit.

Permit fee. At the time of application, each person who applies for a permit shall be required to pay fees applicable to his particular business as set forth in the fee schedule.

A separate permit is required for each temporary and seasonal food stand per each event and location. A temporary permit is valid for a maximum of 14 days; a seasonal permit is valid for a maximum of six months.

In the event that the business of a person dealing in food and foodstuffs, including retailers, wholesalers, processors, manufacturers, is not completely in the fee schedule he shall pay the fee applicable to the business described most nearly resembling the business in which he is engaged.

Facilities conducting more than one food business activity in the same structure, shall pay a separate fee for each business activity.

Pro-rating fees.

Establishment's opening.

	Quarter	Percentage of Total Fees
	1st Quarter (January 1 - March 31)	100%
	2nd Quarter (April 1 - June 30)	75%
	3rd Quarter (July 1 - September 30)	50%
	4th Quarter (October 1 - December 31)	25%

A fee of $20 shall be charged for any change of ownership for a continuing facility during a calendar year.

No refunds due to termination of business or temporary seasonal suspension of business shall be permitted.

All permit fees shall be set forth in a schedule as determined by the Director upon annual consultation with the Board of Health.

Additional fees may be assessed for the furnishing of special services or materials that are not ordinarily provided under permit or pursuant to regulation. Such fees may include service performed outside regular departmental working hours and will be charged for at a rate equal to the cost of providing the service.

Inspections of permitted food facilities shall be conducted on a routine basis at the discretion of the Director.

The frequency of the inspections shall be based on the size, type, and prior inspectional history of the food facility. Priority facilities shall be inspected more frequently than non-priority facilities. During inspections operators must provide access to all pertinent records and to all areas of the facilities.

Reinspections, as deemed necessary, shall be conducted to determine if cited violations have been corrected.

Non-routine inspections and Hazard Analysis Critical Control Points Evaluations (HACCP) may be conducted as needed, when emergency conditions exist, on a complaint basis, or at the discretion of the Director.

The operator or owner shall be provided with a copy of the inspection report. All reports shall be on file for public review in the designated Health Department office.

The Director may examine food or collect samples of such food as often as deemed necessary for enforcement of this chapter. The Director may condemn and forbid the sale of, or cause to be removed or destroyed, any food or beverage which is unwholesome or adulterated. Condemned food shall be disposed of properly. Food subject to a hold order (embargo notice) shall be tagged or labeled and shall not be used, served or removed from the food facility. The Director shall permit storage of the food under conditions specified in the embargo notice. A written request for a hearing may be filed with the Director within 10 working days. If no hearing is requested, a decision on the embargoed food will take place under the supervision of the Director.

General. No person shall work in a food facility while infected with a disease in a communicable form that can be transmitted by foods or on food contact surfaces. Persons afflicted with a boil, an infected wound, diarrhea, vomiting or an acute respiratory infection, shall not work in a food facility.

Procedure when infection is suspected.

If the permit holder or person in charge of the facility has reason to believe that any employee has contracted any disease in a communicable form transmissible through food, or has become a carrier of such disease, the Director shall be notified immediately.

When the Director has reason to believe that there is the possibility of transmission of infection from any food facility employee, the Director is authorized to require any or all of the following measures:

The immediate exclusion of the employee from employment in the food facility;

The immediate closing of the food facility concerned until no further danger of disease outbreak exists;

Adequate medical examinations of the employee and of his/her associates with such laboratory examinations as may be indicated.

Review of plans and fees.

Whenever a food facility is to be constructed, remodeled or altered extensively, or whenever an existing structure is being converted to a food facility, plans and specifications must be submitted to the Food Protection Division prior to construction. Plans and specifications shall include:

Floor plan drawn to scale.

Completed Plan-Review Checklist.

Complete equipment list to include manufacturers' names and model numbers.

Tentative menu items and preparation specifications for HACCP review.

Payment of the appropriate fee established by the Director.

The fee for review of construction plans shall be determined based on 50% of the applicable health permit fee for the full year to a maximum of $200. No refunds will be given for any plan-review fees whether plans are approved or disapproved.

The Department shall approve such plans when they meet all specifications and the fee has been paid. Whenever plans are disapproved, the Department will respond in writing stating the shortcomings in the plans. Resubmission of such plans shall be required following their revision. No food facilities shall be constructed, extensively remodeled, or converted, except in accordance with plans and specifications approved by the Department.

Pre-operational inspection. Whenever plans are required under Subsection A or when a food facility changes ownership, an inspection must be conducted by the Department prior to operation to determine compliance with this chapter. It is the responsibility of the operator to schedule the inspection. Operators shall provide at least 10 days' notice to the Department for scheduling the pre-operational inspection.

Temporary food stands and mobile food unit plan-review. Comprehensive plans for all temporary food stands and mobile food units must be reviewed and approved prior to operation. It is the responsibility of the operator to arrange for an inspection prior to operation of such facilities.

No food facility shall be operated within the County of Allegheny unless, following an inspection by the Director, it conforms with the requirements of this chapter. All facilities which meet the requirements of this chapter shall display the placard, provided by the Department, which reads "Inspected and Permitted by the Allegheny County Health Department." When the food facility fails to meet the requirements, and upon inspection has significant critical violations remaining or recurring, the Director is authorized to post the "Consumer Alert" placard on the food facility. A food facility placarded with a "Consumer Alert" is allowed to operate for a temporary period not exceeding 10 days. At the end of this temporary period of operation, the Director shall suspend the health permit if significant critical violations remain.

If the Director finds at any time that conditions warrant or there is an imminent danger to the public health, he shall suspend the health permit and post the food facility with a placard with reads "Closed by Order of the Allegheny County Health Department."

Placards shall be posted on all customer entrance doors to the food facility so as to be clearly conspicuous to persons entering the facility. Placards shall not be concealed or removed. Removal shall only be at the direction of the Department.

It shall be unlawful to operate any food facility with a suspended permit. A suspended permit can only be reinstated after a department inspection has verified the correction of all critical violations.

General.

No person shall operate a food facility where food preparation is conducted in Allegheny County who does not employ full time food protection manager(s) certified by the Department. At no time shall the food facility be operating without a certified food protection manager who has a valid certificate issued by the Department unless otherwise approved by the Department or as indicated under Subsection A. Certified food protection managers shall be in compliance with Subsections B and C.

When there is more than one building or location involved, each location where food preparation occurs shall have a certified food protection manager while operating.

The certification granted to a person by the Department shall be made available upon request. The certificate is not transferable between persons and shall not be duplicated by anyone other than the Department.

Issuance of a certification for food protection managers.

Any person desiring a certificate as a food protection manager in Allegheny County shall make written application on forms provided by the Department. Each application for certification must be accompanied by a filing fee.

Prior to approval of a certificate and issuance of said certificate by the Department, the person shall:

Have successfully completed a course in food protection offered by, or acceptable to the Department and show written proof to that effect; or

Have passed a proficiency test offered by an agency approved by the Department and show written proof to that effect; or

Have obtained a certificate for food protection managers issued by another regulatory agency whose requirements are equal to or more stringent than the Department's and show written proof to that effect.

Persons who qualify under Subsection B are required to reapply for certification every five years and must meet the training and educational requirements of the Department for recertification.

[Amended 9-3-2014, ratified by the County Council 11-18-2014 by Ord. No. 25-14]

Suspension and revocation of certificates.

Whenever the Department determines that the holder of a certificate as a food protection manager is responsible for violation of any critical provisions of these regulations, the Department may suspend or revoke his/her certificate.

The Department shall serve notice of such suspension or revocation by regular mail or personal service.

The certificate holder shall be afforded a hearing as provided in Article XI.

A certificate holder whose certificate has been suspended shall be recertified and meet the requirements of this Department prior to assuming duties as a certified food protection manager.

Responsibilities of certified food protection managers. The certified food protection manager shall:

Supervise and instruct food workers in the techniques of sanitary food handling, proper maintenance of the facility and of the requirements of this chapter.

Report to the Department, if the permit holder is unavailable, the occurrence of a fire, flood, power outage of two or more hours, alleged foodborne or waterborne illness outbreak of two or more people, or similar event that might result in the contamination of food, or that might prevent potentially hazardous food from being held at required temperatures.

Notify the Department in writing within five working days after change of food facility employment.

Renew certification by completing the required coursework and procedure prior to the expiration date listed on the certificate.

Responsibilities of the permit holder regarding a certified food protection manager.

All food facilities where food preparation is conducted, which are permitted and in operation at the time of the effective date of this chapter, shall employ the number of certified food protection managers as required by Subsection A(1) based on the following:

All food facilities permitted with greater than 50 seats, or greater than 1,000 square feet, shall have certified food protection manager(s) by July 1, 1995.

All food facilities permitted with 50 seats or less, or 1,000 square feet or less, shall have certified food protection manager(s) by January 1, 1997.

A new permit holder shall employ certified food protection manager(s) within 30 days of the initial permit issuance date by the Allegheny County Health Department.

When the certified food protection manager leaves or quits employment or is no longer acting as a certified food protection manager at the food facility, the permit holder shall employ a replacement certified food protection manager within 30 days of the employment termination date. The permit holder shall notify the Department in writing within five working days that the facility lacks a certified food protection manager.

Summary suspension/imminent hazard. If the Director finds there is imminent danger to the public health the permit shall immediately be suspended. Any person whose permit has been suspended under this section shall upon written request be entitled to a hearing pursuant to Article XI, Hearings and Appeals, of the Allegheny County Rules and Regulations. Upon suspension or revocation of a permit, the Director shall immediately post a notice of permit suspension or revocation in plain view at all customer entrances to the premises. Such notice shall not be concealed or removed. Removal shall be only at the direction of the Department. A person whose permit has been suspended shall have the permit reinstated upon completion of the corrective action required by the Director and an inspection verifying such corrections. It shall be unlawful to operate a food facility with a suspended permit.

Suspension and reinstatement of the health permit.

If the Director determines that there is a violation of any of this chapter or laws of the Commonwealth of Pennsylvania and there is no imminent danger to the public health, the permit of the food facility may be suspended.

The suspension shall not become effective until written notice of the proposed suspension has been served in the following manner:

By handing a copy to the person in charge; or

By sending a copy to the permit holders last known address by regular mail; or

By posting a copy in a conspicuous place in or about the facility.

The permit suspension shall not become effective until an opportunity for a presuspension hearing has been afforded to the holder of the permit. The presuspension hearing notice shall contain the violations, and where applicable, any corrective action which must be taken and the time within which such corrections must be completed. The Director shall fix a hearing no sooner than six days from the date of mailing of the notice of presuspension hearing unless the Director and the applicant both agree to a hearing at an earlier date. If the permit holder fails to appear at the hearing, the suspension shall become effective on the date fixed for the hearing; otherwise, the suspension shall become effective as such time as may be fixed by the Director. Upon suspension or revocation of a permit, the Director shall immediately post a notice of permit suspension or revocation in plain view at all customer entrances to the premises. Such notice shall not be concealed or removed. Removal shall be only at the direction of the Department. It shall be unlawful to operate any food facility with a suspended permit.

A permit which has been suspended shall be reinstated if the person whose permit has been suspended completes the corrective action as required by the Director. The permit may only be reinstated following a Department inspection of the premises and written approval by the Director.

Variance. The Director may grant variance or conditional variance from any of the requirements of this regulation if the Director so determines that the granting of such variance poses no real or potential hazard to the health, safety, or welfare of the public.

Penalties.

Summary offenses. Any person who violates any of the provisions of this chapter or any rule or regulation of the Allegheny County Department of Health, or who interferes with the Director or any other agent of the Department of Health in the discharge of his/her official duties, shall, for the first offense, upon conviction thereof in a summary proceeding before any alderman or justice of the peace of Allegheny County, or before any police magistrate if such offense be committed in a city of the second class, be sentenced to pay the costs of prosecution and a fine of not less than $30 nor more than $300 and, in default thereof, to undergo imprisonment of not less than 10 days nor more than 30 days.

Misdemeanors. Any person who violates any of the provisions of this chapter or any rule or regulation of the County Department of Health, or who interferes with a Health Director or any other agent of the Department of Health in the discharge of his/her official duties, convicted of a second or subsequent offense, shall be guilty of a misdemeanor and shall, upon conviction thereof, be sentenced to pay a fine of not less than $500 nor more than $1,000 or to undergo imprisonment not exceeding one year, or both.

Separate offenses. For the purpose of this section, violations on separate days shall be considered separate offenses. Each violation of any separate subsection or section of this chapter shall constitute a separate offense.

Civil penalties. Any person who violates any of the provisions of this chapter or any rule or regulation of the Allegheny County Department of Health may be assessed a civil penalty imposed by the Director pursuant to Article XVI, Environmental Health Civil Penalties.

Hearings and appeals. Article XI, Hearings and Appeals, provides for the right to a hearing if aggrieved by any order issued by the Department. A request for hearing must be made in writing and files with the Department within 10 days upon receipt of an order.

Allegheny County Food Safety Fund.

[Added 9-3-2014, ratified by the County Council 11-18-2014 by Ord. No. 26-14]

The purpose of Allegheny County Food Safety Fund is to support activities related to the improvement of food safety within Allegheny County and to support activities which will increase or improve knowledge of food safety, as it relates to foodborne illness and its control, so as to benefit public health.

Disposition of monies collected. All funds received by the County as a result of reinspections, owner-requested inspections, consent orders, consent decrees, or civil penalties relating to actions taken by the Department regarding food safety shall be paid into a special fund known as the Allegheny County Food Safety Fund which is hereby established.

This fund shall be administered in accordance with the provisions of the Second Class County Charter Law[1] and other applicable laws. The County Treasurer shall invest monies deposited in the Fund and in such manner as not to impair the liquidity of the Fund and shall credit all interest accruing on such monies to the Fund.

[1]

Editor's Note: See 16 P.S. § 1601-C et seq.

The Director shall report on the status of the Fund to the Board of Health on a semiannual basis, or at such other intervals as the Board may require.

Audits of the Fund shall be performed as required by law.

Disbursements. Disbursements of monies from the Allegheny County Food Safety Fund shall be utilized solely to cover any and all reasonable (direct and indirect) costs incurred by the county and required to develop and administer the County's Food Safety Program. No food facility, which is subject to the provisions of this chapter, shall receive monies from the Fund under this section, or services, equipment, or materials purchased with such monies, to fulfill its obligations under this chapter, except for Department facilities supporting the Food Safety Program. The Allegheny County Board of Health shall have the sole discretion and authority to make disbursements from this fund as it sees fit from time to time.

HAZARD ANALYSIS CRITICAL CONTROL POINT (HACCP)

At no time for any purpose shall monies be disbursed or borrowed from the Allegheny Food Safety Fund, or otherwise distributed or encumbered, except as specifically allowed under this section.

As used in this chapter, the following terms shall have the meanings indicated:

APPROVED

In conformance with appropriate standards and good public health practice as determined by the Director.

BULK FOOD

Processed or unprocessed food in aggregate containers from which quantities desired by the consumer are withdrawn.

CATERER

Defined as any person who primarily provides food for service off the permitted premises.

COMMISSARY

A catering facility, restaurant, or any other place in which food, containers, or supplies are kept, handled, prepared, packaged or stored.[1]

DEPARTMENT

The Allegheny County Health Department.

DIRECTOR

The Director of the Allegheny County Health Department or his designate.

E-CIGARETTE

Any electronic oral device, such as one composed of a heating element, battery or electronic circuit, which provides a vapor of nicotine or any other substances and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed or sold as an e-cigarette, e-cigar or e-pipe or under any other product name or descriptor.

[Added 11-2-2016, ratified by the County Council 3-7-2017 by Ord. No. 07-17]

EASILY CLEANABLE

That surfaces are readily accessible and made of such materials and finish and so fabricated that residue may be effectively removed by normal cleaning methods.

EMPLOYEE

Any person working in a food facility.

EQUIPMENT

Stoves, ovens, ranges, hoods, slicers, mixers, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables, and similar items other than utensils, used in the operation of a food service facility.

EXTENSIVELY REMODELED

Whenever an existing structure is converted for use as a food facility; any structural or significant equipment additions or alterations to the existing food facility; changes, modifications and extensions of plumbing systems, excluding routine maintenance.

FOOD

Any raw, cooked, or processed edible substance; ice; beverage; or any ingredient used or intended for use or for sale in whole or in part for human consumption.

FOOD ADDITIVE

Any substance added directly or indirectly to food.

FOOD FACILITY

Any place, permitted or temporary, where food is prepared, handled, served, sold, or provided to the consumer.

FOOD PREPARATION

Thawing, cooking, cooling, heating, reheating, putting together, cutting, slicing, dividing, mixing, portioning, or packaging food for a consumer, except that trimming or cleaning of whole vegetables or fruits for display and sale shall not be considered food preparation.

FOOD PROCESSOR

Includes any regulated food facility that produces food for wholesale or retail sale.

FOOD SERVICE INSTITUTION

Food facility such as a nursing home, hospice, hospital, personal care home, school, adult or child day-care, senior citizen center, and other similar institutions which serve food to high-risk individuals (elderly, infants, children, chronically ill, or immunocompromised).

FOOD-CONTACT SURFACE

Those surfaces of equipment and utensils with which food normally comes in contact; and those surfaces from which food may drain, drip, or splash back onto surfaces normally in contact with food.

A method used to reduce the risk of foodborne illness by:

Identifying hazards of high risk foods;

Assessing the hazards posed by each preparation step;

Determining the critical points for controlling hazards;

Monitoring a critical control point or points; and

Implementing immediate and appropriate corrective action when control criteria are not met.

HERMETICALLY SEALED CONTAINER

An airtight container which is designed and intended to be secure against the entry of microorganisms and to maintain the commercial sterility of its contents after processing.

LAW

Includes federal, state, and local statutes, ordinances, and regulations.

MOBILE FOOD UNIT

A self contained, limited service food facility which is a mechanically, electrically, manually, or otherwise propelled vehicle operating on land or water.

MODIFIED ATMOSPHERE PACKAGING

A process that completely encases food in an impermeable or partially permeable membrane, with either a partial or complete vacuum; or a gas or mixture of gases surrounding the food. Hermetically sealed containers are not considered to be modified atmosphere packaging.

PACKAGED

Bottled, canned, cartoned, bagged, or securely wrapped.

PERSON

Includes any individual, partnership, municipality, authority, corporation, association, or other legal entity.

PERSON IN CHARGE

The individual present in a food service facility who is the apparent supervisor of that facility at the time of inspection. If no individual identifies himself as the supervisor then any employee present may be deemed the person in charge by the Department.

POTABLE WATER

Water obtained from a source meeting the requirements of the State and Federal Safe Drinking Water Acts.

POTENTIALLY HAZARDOUS FOOD

Any food or food ingredient, natural or synthetic, in a form capable of supporting (1) the rapid and progressive growth of infectious or toxigenic microorganisms or (2) the slower growth of C. botulinum.

A food is potentially hazardous if it is:

Of animal origin and is raw or has been heat treated; or

Of plant origin and has been heat treated or is raw seed sprouts; or

Determined to be potentially hazardous by the US Food and Drug Administration.

Exceptions to these categories are:

Foods with a water activity (A_w) value of 0.85 or less; or

Foods with a hydrogen ion concentration (pH) level of 4.6 or below; or

Foods which have been adequately commercially processed and remain in their unopened hermetically sealed container; or