Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 04 - Environmental Health Services › Rule 007.04.93-004 - Amendment to Food Service Establishments Regulations

Current through Register Vol. 49, No. 6, June, 2024
Section I. Authority
The following amendments are proposed pursQant to the Authority
				expressly conferred by the Laws of the State of Arkansas including, without
				limitation, Act 96 of 1913 (A.CA.
				20-7-109
				) and Act 415 of 1953 (A.C.A.
				20-56-201 thru
				20-56-223
				).
Section II. Purpose
To amend the Rules and Regulations Pertaining to Food Service
				Establishments as follows: by changing the terms inspection and inspection
				report form to assessment and assessment report form; by the addition of a
				subsection specifying specific cooking temperatures for ground beef; by
				generally updating and clarifying the mobile food unit and temporary food unit
				sections; by changing the term food service permit to food establishment
				permit; and by adding compliance requirements for tobacco sales to
				minors.
Section III.
			 General Requirements
(a) Amend Section 2-403
			 by the addition of subsection (c) to read as follows:
(c) Ground beef and any food containing ground
				beef shall be cooked to heat all parts of the food to at least
				155°F.
(b)
			 Amend Section 8-101 to read as follows:
Mobile food units or pushcarts shal1 comply wi th requirements
				of this chapter. The Health Authority may impose additional requirements to
				protect against health hazards related to the conduct of the food service
				establishments as a mobile operation and may prohibit the sale of some or all
				potentially hazardous foods. Mobile food units may not operate longer than 14
				consecutive days without returning to an approved servicing area for a period
				of no less than 24 hours for the purpose of servicing, supplying, and
				cleaning.
(c) Delete
			 Section 8-102
(d) Amend Section
			 8-103 to change section number to 8-102
(e) Amend Section 8-104 to change section
			 number to 8-103 and read as follows:
A mobile food unit requiring a water system shall have a
				potable water system under pressure
permanently affixed to the
				unit
. The system shall be of sufficient capacity to furnish enough
				hot and cold water for food preparation, utensil cleaning and sanitizing and
				handwashing in accordance with these Regulations. The water inlet shall be
				located so that it will not be contaminated by waste discharge, road dust, oil,
				or grease and it shal 1 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 and installed in accordance
				with the requirements of these Regulations.
(f) Amend Section 8-105 to change the section
			 number to 8-104
Reason: In additions to hazards created by the transport and
				service of food from a mobile food unit or pushcart, food served from such
				units or pushcarts is subject to the same potential contamination as that
				served in other food establishments. This means that a mobile food unit or
				pushcart must be regulated in the same manner and provi de to the customer the
				same degree of food protection offered by any food service
				establishment.
(g) Amend
			 Section 8-201 to read as follows:
(a)
Pushcart
s shall operate from a commissary or other
			 fixed food service establishment and shall report at least daily to such
			 location for all supplies and for all cleaning and servicing
			 operations.
(b) The commissary or
			 other fixed food service establishment used as a base of operation for
pushcarts
shall be constructed and operated in
			 compliance with the requirements of these Regulations.
Reason: All
pushcarts
servicing,
				cleaning and food supply operations must be conducted at a location meeting the
				requirements of these Regulations to ensure that the source of food and any
				incidental operation are not hazardous to the consumer.
(h) Amend Section 10-101
			 subsection (a), (b), (c) and add subsection (d) to read as follows:
(a) No person shall operate a food service
			 establishment who does not have a valid food establ ishment permit issued to
			 him by the Health Authority in accordance with Act 357 of 1977 (A.C.A. 20-57,
			 201 thru
			 20-57-205 ).
			 Only a person who complies with the requirements of these Regulations shall be
			 entitled to receive or retai n a food establishment permi t. Permi ts are not
			 transferable. A valid permit shall be posted in every food service
			 establishment.
(b)
If
			 tobacco products are sold, an approved sign must be conspicuously displayed.
			 Vending machines must be placed in an acceptable location in accordance with
			 Act 543 of 1991. (
			 5-27-227
			 ). the Arkansas Tobacco Products Act.
Subsection (b) will become subsection (c) as it currently
				pertains to catering operations.
(d)
All mobile and pushcart u
n
its shall have
			 the permit number permanently affixed on the unit in an easily visible
			 location.
(i) Amend Section 10-102 subsection (b) and
			 (c) to read as follows:
(a) Any person
			 desiring to operate a food service establishment shall make written application
			 for a food
establishment
permit on forms provided by
			 the Health Authority. Such application shall include the name and address of
			 each applicant, the location of the proposed food service establishment and the
			 signature of each applicant.
(b)
			 Prior to approval of an application for a food
establi shment
permit, the Health Authority shall
assess
the proposed food service establishment to determine compliance with the
			 requirements of these Regulations.
(c) The Health Authority shall issue a food
establishment
permit to the applicant if its
assessment
reveals that the proposed food service
			 establishment complies with the requirements of these Regulations.
(j) Amend Section 10-103 to read
			 as follows:
Procedures for the suspension and/or revocation of a food
establishment
permit shall be in accordance with Act
				434 of 1967 CA.C.A.
				25-15-201 thru
				25-15-214
				)
(k) Amend Section 10-201
			 entitled Inspections to read as follows:
Amend Section title to read Assessments
An
assessment
of a food service
				establishment shall be performed at least once every six months. Additional
assessments
of the food servi ce establi shment shall
				be performed as often as necessary for the enforcement of these
				Regulations.
(l) Amend
			 Section 10-202 to read as follows:
Representatives of the Health Authority after proper
				identification shal1 be permi tted to enter any food service establishment at
				any reasonable time for the purpose of making
assessments
to determine compliance with these
				Regulations. The representatives shall be permitted to examine the records of
				the establi shment to obtain information pertaining to food and supplies
				purchased, received or used.
(m) Amend Section 10-203 to read as follows:
Whenever an
assessment
of a food
				service establi shment or commissary is made the findings shall be recorded on
				the
assessment
report form. The
assessment
report form shall summarize the
				requirements of these Regulations. A copy of the completed
assessment
report form shall be furnished to the
				person in charge of the establishment at the conclusion of the
assessment
.
(n) Amend Section 10-204 subsections (a) 2,
			 (b), and (c) to read as follows:
(a) The
			 completed
assessment
report form shal1 specify a
			 reasonable period of time for the correction of the violations found; and
			 correction of the violations shall be accomplished within the period specified
			 in accordance with the following provisions:
(2) All critical items shall be corrected as
			 soon as possible, but in any event within .20 days following assessment. A
			 follow-up assessment shall be conducted to confirm correction.
(b) The assessment
			 report shall state that failure to comply with any time 1 imits for corrections
			 may result in cessation of food service operations. An opportunity for a
			 hearing on the assessment findings or the item limitations or both will be
			 provided if a written request is filed with the Health Authority within 10 days
			 following cessation of operations. If a request for hearing is received, a
			 hearing shall be held within 20 days of receipt of the request.
(c) Wherever a food service establi shment is
			 required under the provisions of section 10-204 to cease operations it shall
			 not resume operations unti1 it is shown on re-assessment that conditions
			 responsible for the order to cease operation no longer exist. Opportunity for
			 re-assessment shal 1 be offered within a reasonable time.
(o) Amend Section 10-302 entitled
			 Pre-Operational Inspection to read as follows:
Amend Section title to read Pre-Operational Assessment
Whenever plans and specifications are required by Section
				10-301 of these Regulations to be submitted to the Health Authority, the Health
				Authority shall assess the food service establishment prior to the start of
				operation, to determine compliance with the approved plans and specifications
				and with the requirements of these Regulations.