North Carolina Food Code Manual - Ncpublichealth

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North CarolinaFood Code ManualA Reference for 15A NCAC 18A .2600Rules Governing the Food Protection and Sanitation of Food EstablishmentsAdoption of the US Food and Drug Administration’s2009 Food CodeEffective September 1, 2012N.C. Department of Health and Human ServicesDivision of Public Health Environmental Health Section

ContentsCHAPTER 1CHAPTER 2CHAPTER 3CHAPTER 4CHAPTER 5CHAPTER 6CHAPTER 7CHAPTER 8PURPOSE AND DEFINITIONSMANAGEMENT AND PERSONNELFOODEQUIPMENT, UTENSILS, AND LINENSWATER, PLUMBING, AND WASTEPHYSICAL FACILITIESPOISONOUS OR TOXIC MATERIALSCOMPLIANCE AND ENFORCEMENTINDEX125481031441641801871-18Chapter 1Purpose and Definitions1-11-2TITLE, INTENT, S21-2012Applicability and Terms DefinedChapter 2Management and esponsibilityKnowledgeDutiesEMPLOYEE HEALTH2-201Responsibilities of Permit Holder, Person inCharge, Food Employees, and ConditionalEmployeesContents i29

2-32-4PERSONAL CLEANLINESS412-3012-3022-3032-30441454545Hands and ArmsFingernailsJewelryOuter ClothingHYGIENIC PRACTICES462-4012-4022-403464647Food Contamination PreventionHair RestraintsAnimalsChapter 3Food3-13-23-3CHARACTERISTICS483-10148SOURCES, SPECIFICATIONS, AND ORIGINALCONTAINERS AND s for ReceivingOriginal Containers and RecordsPROTECTION FROM CONTAMINATION -4ConditionPreventing Contamination by EmployeesPreventing Food and IngredientContaminationPreventing Contamination from Ice Used asa CoolantPreventing Contamination from Equipment,Utensils, and LinensPreventing Contamination from thePremisesPreventing Contamination by ConsumersPreventing Contamination from OtherSourcesDESTRUCTION OF ORGANISMS OF PUBLIC HEALTHCONCERNContents ii606063666670717273

eatingOther Methods73788081LIMITATION OF GROWTH OF ORGANISMS OF PUBLICHEALTH CONCERN813-5013-5028190Temperature and Time ControlSpecialized Processing MethodsFOOD IDENTITY, PRESENTATION, AND ON-PREMISESLABELING953-6013-6023-603959698Accurate RepresentationLabelingConsumer AdvisoryCONTAMINATED FOOD993-70199DispositionSPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLEPOPULATIONS1003-801100Additional SafeguardsChapter 4Equipment, Utensils, and Linens4-14-24-3MATERIALS FOR CONSTRUCTION AND REPAIR1034-1014-102103106MultiuseSingle-Service and Single-UseDESIGN AND 10117Durability and lityNUMBERS AND CAPACITIES1174-301117EquipmentContents iii

4-3024-44-54-64-74-84-9Utensils, Temperature Measuring Devices,and Testing Devices119LOCATION AND nMAINTENANCE AND OPERATION1234-5014-502123EquipmentUtensils and Temperature and PressureMeasuring Devices128CLEANING OF EQUIPMENT AND ncyMethodsSANITIZATION OF EQUIPMENT AND FrequencyMethods138139PROTECTION OF CLEAN icating and ReassemblingStoringPreventing ContaminationChapter 5Water, Plumbing, and Waste5-1WATER144Contents iv

ity and AvailabilityDistribution, Delivery, and Retention144145146146PLUMBING aterialsDesign, Construction, and InstallationNumbers and CapacitiesLocation and PlacementOperation and MaintenanceMOBILE WATER TANK AND MOBILE FOODESTABLISHMENT WATER TANK1525-3015-3025-3035-304MaterialsDesign and ConstructionNumbers and CapacitiesOperation and Maintenance152153154155SEWAGE, OTHER LIQUID WASTE, AND RAINWATER1565-4015-4025-403156156157Mobile Holding TankRetention, Drainage, and DeliveryDisposal FacilityREFUSE, RECYCLABLES, AND RETURNABLES1585-5015-5025-503158162163Facilities on the PremisesRemovalFacilities for Disposal and RecyclingChapter 6Physical Facilities6-16-2MATERIALS FOR CONSTRUCTION AND REPAIR1646-1016-102164165Indoor AreasOutdoor AreasDESIGN, CONSTRUCTION, AND nabilityContents v

6-36-46-5NUMBERS AND 72173173173Handwashing SinksToilets and UrinalsLightingVentilationDressing Areas and LockersService SinksLOCATION AND 75Handwashing SinksToilet RoomsEmployee AccommodationsDistressed MerchandiseRefuse, Recyclables, and ReturnablesMAINTENANCE AND OPERATION6-501Premises, Structures, Attachments, andFixtures – Methods175175Chapter 7Poisonous or Toxic Materials7-17-27-3LABELING AND IDENTIFICATION1807-1017-102180180Original ContainersWorking ContainersOPERATIONAL SUPPLIES AND ce and UseContainer First Aid SuppliesOther Personal Care ItemsSTOCK AND RETAIL SALE1867-301186Storage and DisplayContents vi

Chapter 8Compliance and Enforcement8-18-28-38-4CODE APPLICABILITY1878-1018-1028-103187188188PLAN SUBMISSION AND APPROVAL1908-2018-2028-203190193193Facility and Operating PlansConfidentialityConstruction Inspection and ApprovalPERMIT TO on ProcedureIssuanceConditions of Retention193194196197INSPECTION AND CORRECTION OF 2048-4068-5Use for Intended PurposeAdditional RequirementsVariancesFrequencyAccessReport of FindingsImminent Health HazardViolation of Priority Item or PriorityFoundation ItemCore Item Violation204PREVENTION OF FOODBORNE DISEASETRANSMISSION BY EMPLOYEES2058-501205Investigation and ControlContents vii

Chapter1Purpose and DefinitionsParts1-11-2TITLE, INTENT, SCOPEDEFINITIONS1-1TITLE, INTENT, -101.10Food Code.These provisions shall be known as the Food Code, hereinafterreferred to as "this Code."Intent1-102.10Food Safety, Illness Prevention, and HonestPresentation.The purpose of this Code is to safeguard public health andprovide to CONSUMERS FOOD that is safe, unADULTERATED, andhonestly presented.Scope1-103.10Statement.This Code establishes definitions; sets standards formanagement and personnel, FOOD operations, and EQUIPMENTand facilities; and provides for FOOD ESTABLISHMENT plan review,PERMIT issuance, inspection, EMPLOYEE RESTRICTION, and PERMITsuspension.1

1-2DEFINITIONSSubpartApplicability andTerms Defined1-201Applicability and Terms Defined1-201.10Statement of Application and Listing ofTerms.(A) The following definitions shall apply in the interpretation and application of thisCode.(B) Terms Defined. As used in this Code, each of the terms listed in ¶ 1-201.10(B) shallhave the meaning stated below.Accredited Program.(1) "Accredited program" means a food protection manager certificationprogram that has been evaluated and listed by an accrediting agency asconforming to national standards for organizations that certify individuals.(2) "Accredited program" refers to the certification process and is adesignation based upon an independent evaluation of factors such as thesponsor's mission; organizational structure; staff resources; revenuesources; policies; public information regarding program scope, eligibilityrequirements, re-certification, discipline and grievance procedures; andtest development and administration.(3) "Accredited program" does not refer to training functions oreducational programs.Additive.(1) "Food additive" has the meaning stated in the Federal Food, Drug, andCosmetic Act, § 201(s) and 21 CFR 170.3(e)(1).(2) "Color additive" has the meaning stated in the Federal Food, Drug, andCosmetic Act, § 201(t) and 21 CFR 70.3(f)."Adulterated" has the meaning stated in the Federal Food, Drug, and CosmeticAct, § 402."Approved" means acceptable to the REGULATORY AUTHORITY based on adetermination of conformity with principles, practices, and generally recognizedstandards that protect public health.2

Asymptomatic.(1) "Asymptomatic" means without obvious symptoms; not showing orproducing indications of a disease or other medical condition, such as anindividual infected with a pathogen but not exhibiting or producing any signs orsymptoms of vomiting, diarrhea, or jaundice.(2) "Asymptomatic" includes not showing symptoms because symptoms haveresolved or subsided, or because symptoms never manifested."aw" means water activity which is a measure of the free moisture in a FOOD, is thequotient of the water vapor pressure of the substance divided by the vapor pressureof pure water at the same temperature, and is indicated by the symbol AW."Balut" means an embryo inside a fertile EGG that has been incubated for a periodsufficient for the embryo to reach a specific stage of development after which it isremoved from incubation before hatching."Beverage" means a liquid for drinking, including water."Bottled drinking water" means water that is SEALED in bottles, packages, or othercontainers and offered for sale for human consumption, including bottled mineralwater."Casing" means a tubular container for sausage products made of either natural orartificial (synthetic) material."Certification number" means a unique combination of letters and numbersassigned by a SHELLFISH CONTROL AUTHORITY to a MOLLUSCAN SHELLFISH DEALERaccording to the provisions of the National Shellfish Sanitation Program."CFR" means CODE OF FEDERAL REGULATIONS. Citations in this Code to the CFRrefer sequentially to the Title, Part, and Section numbers, such as 40 CFR 180.194refers to Title 40, Part 180, Section 194.CIP.(1) "CIP" means cleaned in place by the circulation or flowing by mechanicalmeans through a piping system of a detergent solution, water rinse, andSANITIZING solution onto or over EQUIPMENT surfaces that require cleaning, suchas the method used, in part, to clean and SANITIZE a frozen dessert machine.(2) "CIP" does not include the cleaning of EQUIPMENT such as band saws,slicers, or mixers that are subjected to in-place manual cleaning without the useof a CIP system.3

"Commingle" means:(1) To combine SHELLSTOCK harvested on different days or from differentgrowing areas as identified on the tag or label, or(2) To combine SHUCKED SHELLFISH from containers with different containercodes or different shucking dates.Comminuted.(1) "COMMINUTED" means reduced in size by methods including chopping,flaking, grinding, or mincing.(2) "Comminuted" includes FISH or MEAT products that are reduced in size andrestructured or reformulated such as gefilte FISH, gyros, ground beef, andsausage; and a mixture of 2 or more types of MEAT that have been reduced insize and combined, such as sausages made from 2 or more MEATS."Commissary" means aPUSHCART.FOOD ESTABLISHMENT thatservices a MOBILE FOOD UNIT or a"Conditional employee" means a potential FOOD EMPLOYEE to whom a job offer ismade, conditional on responses to subsequent medical questions or examinationsdesigned to identify potential FOOD EMPLOYEES who may be suffering from a diseasethat can be transmitted through FOOD and done in compliance with Title 1 of theAmericans with Disabilities Act of 1990."Confirmed disease outbreak" means a FOODBORNE DISEASE OUTBREAK in whichlaboratory analysis of appropriate specimens identifies a causative agent andepidemiological analysis implicates the FOOD as the source of the illness."Congregate nutrition sites" meansFOOD ESTABLISHMENTS where FOODpreparation is limited to same day service, reheating of POTENTIALLY HAZARDOUSFOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD), and operated under the rulesof the Division of Aging and Adult Services, N.C. Department of Health and HumanServices."Consumer" means a PERSON who is a member of the public, takes possession ofFOOD, is not functioning in the capacity of an operator of a FOOD ESTABLISHMENT orFOOD PROCESSING PLANT, and does not offer the FOOD for resale.Core Item.4

(1) "Core item" means a provision in this Code that is not designated as aPRIORITY ITEM or a PRIORITY FOUNDATION ITEM.(2) "Core item" includes an item that usually relates to general sanitation,operational controls, sanitation standard operating procedures (SSOPs), facilitiesor structures, equipment design, or general maintenance."Corrosion-resistant material" means a material that maintains acceptablesurface cleanability characteristics under prolonged influence of the FOOD to becontacted, the normal use of cleaning compounds and SANITIZING solutions, andother conditions of the use environment."Counter-mounted equipment" means EQUIPMENT that is not portable and isdesigned to be mounted off the floor on a table, counter, or shelf."Critical control point" means a point or procedure in a specific FOOD systemwhere loss of control may result in an unacceptable health RISK."Critical limit" means the maximum or minimum value to which a physical,biological, or chemical parameter must be controlled at a CRITICAL CONTROL POINT tominimize the RISK that the identified FOOD safety HAZARD may occur."Cut leafy greens" means fresh leafy greens whose leaves have been cut,shredded, sliced, chopped, or torn. The term “leafy greens” includes iceberg lettuce,romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e., immature lettuceor leafy greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula andchard. The term “leafy greens” does not include herbs such as cilantro or parsley.“Department” means the N.C. Department of Health and Human Services."Dealer" means a PERSON who is authorized by a SHELLFISH CONTROL AUTHORITY forthe activities of SHELLSTOCK shipper, shucker-packer, repacker, reshipper, ordepuration processor of MOLLUSCAN SHELLFISH according to the provisions of theNational Shellfish Sanitation Program."Disclosure" means a written statement that clearly identifies the animal-derivedFOODS which are, or can be ordered, raw, undercooked, or without otherwise beingprocessed to eliminate pathogens, or items that contain an ingredient that is raw,undercooked, or without otherwise being processed to eliminate pathogens.Drinking Water.(1) "Drinking water" means water that meets criteria as specified in 40 CFR141 National Primary Drinking Water Regulations.(2) "Drinking water" is traditionally known as "potable water."5

(3) "Drinking water" includes the term "water" except where the term usedconnotes that the water is not potable, such as "boiler water," "mop water,""rainwater," "wastewater," and "nondrinking" water."Dry storage area" means a room or area designated for the storage of PACKAGEDor containerized bulk FOOD that is not POTENTIALLY HAZARDOUS (TIME/TEMPERATURECONTROL FOR SAFETY FOOD) and dry goods such as SINGLE-SERVICE items.Easily Cleanable.(1) "Easily cleanable" means a characteristic of a surface that:(a) Allows effective removal of soil by normal cleaning methods;(b) Is dependent on the material, design, construction, and installation of thesurface; and(c) Varies with the likelihood of the surface's role in introducing pathogenicor toxigenic agents or other contaminants into FOOD based on the surface'sAPPROVED placement, purpose, and use.(2) "Easily cleanable" includes a tiered application of the criteria that qualifythe surface as EASILY CLEANABLE as specified in Subparagraph (1) of thisdefinition to different situations in which varying degrees of cleanability arerequired such as:(a) The appropriateness of stainless steel for a FOOD preparation surface asopposed to the lack of need for stainless steel to be used for floors or fortables used for CONSUMER dining; or(b) The need for a different degree of cleanability for a utilitarian attachmentor accessory in the kitchen as opposed to a decorative attachment oraccessory in the CONSUMER dining area."Easily movable" means:(1) Portable; mounted on casters, gliders, or rollers; or provided with amechanical means to safely tilt a unit of EQUIPMENT for cleaning; and(2) Having no utility connection, a utility connection that disconnects quickly, or aflexible utility connection line of sufficient length to allow the EQUIPMENT to bemoved for cleaning of the EQUIPMENT and adjacent area.6

Egg.(1) "Egg" means the shell EGG of avian species such as chicken, duck, goose,guinea, quail, RATITES or turkey.(2) "Egg" does not include:(a) A BALUT;(b) The egg of reptile species such as alligator; or(c) An EGG PRODUCT.Egg Product.(1) "Egg Product" means all, or a portion of, the contents found inside EGGSseparated from the shell and pasteurized in a FOOD PROCESSING PLANT, with orwithout added ingredients, intended for human consumption, such as dried,frozen or liquid eggs.(2) "Egg Product" does not include FOOD which contains EGGS only in arelatively small proportion such as cake mixes."Employee" means the PERMIT HOLDER, PERSON IN CHARGE, FOOD EMPLOYEE, PERSONhaving supervisory or management duties, PERSON on the payroll, family member,volunteer, PERSON performing work under contractual agreement, or other PERSONworking in a FOOD ESTABLISHMENT."Enterohemorrhagic Escherichia coli” (EHEC) means E. coli which causehemorrhagic colitis, meaning bleeding enterically or bleeding from the intestine. Theterm is typically used in association with E. coli that have the capacity to produceShiga toxins and to cause attaching and effacing lesions in the intestine. EHEC is asubset of STEC, whose members produce additional virulence factors. Infectionswith EHEC may be asymptomatic but are classically associated with bloody diarrhea(hemorrhagic colitis) and hemolytic uremic syndrome (HUS) or thromboticthrombocytopenic purpura (TTP). Examples of serotypes of EHEC include: E. coliO157:H7; E. coli O157:NM; E. coli O26:H11; E. coli O145:NM; E. coli O103:H2; orE. coli O111:NM. Also see SHIGA TOXIN-PRODUCING E. COLI."EPA" means the U.S. Environmental Protection Agency.Equipment.(1) "Equipment" means an article that is used in the operation of a FOODESTABLISHMENT such as a freezer, grinder, hood, ice maker, MEAT block, mixer,7

oven, reach-in refrigerator, scale, sink, slicer, stove, table, TEMPERATUREMEASURING DEVICE for ambient air, VENDING MACHINE, or WAREWASHING machine.(2) "Equipment" does not include apparatuses used for handling or storing largequantities of PACKAGED FOODS that are received from a supplier in a cased oroverwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids."Exclude" means to prevent a PERSON from working as an EMPLOYEE in a FOODESTABLISHMENT or entering a FOOD ESTABLISHMENT as an EMPLOYEE."FDA" means the U.S. Food and Drug Administration.Fish.(1) "Fish" means fresh or saltwater finfish, crustaceans and other forms ofaquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, andsea urchin and the roe of such animals) other than birds or mammals, and allmollusks, if such animal life is intended for human consumption.(2) "Fish" includes an edible human FOOD product derived in whole or in partfrom FISH, including FISH that have been processed in any manner."Food" means a raw, cooked, or processed edible substance, ice, BEVERAGE, oringredient used or intended for use or for sale in whole or in part for humanconsumption, or chewing gum."Foodborne disease outbreak" means the occurrence of two or more cases of asimilar illness resulting from the ingestion of a common FOOD."Food-contact surface" means:(1) A surface of EQUIPMENT or a UTENSIL with which FOOD normally comes intocontact; or(2) A surface of EQUIPMENT or a UTENSIL from which FOOD may drain, drip, orsplash:(a) Into a FOOD, or(b) Onto a surface normally in contact with FOOD."Food employee" means an individual working with unPACKAGED FOOD, FOODor UTENSILS, or FOOD-CONTACT SURFACES.EQUIPMENTFood Establishment.8

3-303 Preventing Contamination from Ice Used as a Coolant 66 3-304 Preventing Contamination from Equipment, Utensils, and Linens 66 3-305 Preventing Contamination from the Premises 70 3-306 Preventing Contamination by Consumers 71 3-307 Preventing Contamination from Other Sources 72 3-4 DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH

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