North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-33 - Rules Initiated By The Inspection Division › Chapter 33-33-03 - Food Vending Rules › Section 33-33-03-05 - Sanitation requirements

Current through Supplement No. 393, July, 2024
1.
Food, consumer containers, equipment maintenance, and operations.
a. Food intended for sale through vending
				machines and condiments available at vending machine locations shall be
				obtained from sources complying with the regulations of North Dakota. Such food
				shall be wholesome, free from spoilage, and shall be processed, prepared,
				handled, and stored in such a manner as to be protected against contamination
				and adulteration. All food-contact surfaces ofcontainers and equipment shall be
				protected from contamination. If condiments are provided for service in
				conjunction with food dispensed by a vending machine, they shall be packaged in
				individual portions in single-service containers or shall be dispensed from
				approved sanitary dispensers which are washed, sanitized, and filled at the
				commissary. Relish bowls and similar non-self-closing condiment containers
				shall not be used. Potentially hazardous food shall be held at safe
				temperatures except during necessary periods of preparation.
b. Satisfactory compliance. Subdivision a
				shall be deemed to have been satisfied when the following requirements are met:
(1) All food offered for sale through vending
				machines shall be manufactured, processed, and prepared in commissaries or
				establishments which comply with all applicable state laws and regulations.
(2) All food offered for sale
				through vending machines shall be wholesome.
(3) All food shall be stored or packaged in
				clean protective containers, and shall be handled, transported, and vended in a
				sanitary manner. Condiments provided for service in conjunction with food
				dispensed by a vending machine shall be packaged in individual portions in
				single-service containers or shall be dispensed from approved sanitary
				dispensers which are washed, sanitized, and filled at the commissary. Fresh
				fruits which may be eaten raw without peeling may be dispensed unpackaged but
				must be thoroughly washed in potable water before being placed in the vending
				machine. Storage of cartoned, bottled, canned, or packaged food by placing or
				submerging it in liquid is prohibited. Submerging such containers of food in
				ice is prohibited.
(4) Potentially
				hazardous food offered for sale through vending machines shall be handed or
				dispensed to the consumer in the individual original container or wrapper into
				which it was placed at the commissary or at the manufacturer's or processor's
				plant, or such products shall be dispensed into single-service containers from
				containers which were filled at the commissary or at the manufacturer's or
				processor's plant.
(5) In those
				vending machines which dispense potentially hazardous food from bulk, the bulk
				supplies of such food shall be transferred only to bulk vending machine
				containers and appurtenances which have been cleaned and sanitized.
(6) Potentially hazardous food within the
				vending machine shall be maintained at a temperature of forty-five degrees
				Fahrenheit [7.22 degrees Celsius] or below, or one hundred forty degrees
				Fahrenheit [60 degrees Celsius] or above, whichever is applicable; provided,
				that exceptions may be made for (a) the actual time required to load or
				otherwise service the machine and for a maximum recovery period of thirty
				minutes, following completion of loading or servicing operation; and (b) in the
				case of hot food vending machines, a maximum of one hundred twenty minutes to
				heat food through the forty-five degrees Fahrenheit [7.22 degrees Celsius] to
				one hundred forty degrees Fahrenheit [60 degrees Celsius] temperature zone. In
				hot food vending machines which are not equipped with refrigerated storage,
				there shall be no time delay to preclude heat from being applied to potentially
				hazardous food immediately after it is loaded or placed in the machine.
				Potentially hazardous food once heated to, or held at, a temperature of one
				hundred forty degrees Fahrenheit [60 degrees Celsius] or above, shall be
				maintained at such temperature until served or discarded.
Vending machines dispensing potentially hazardous food shall
				  be provided with adequate refrigerating or heating units, or both, and
				  thermostatic controls which ensure the maintenance of applicable temperatures
				  at all times. Such vending machines shall also have controls which prevent the
				  machine from vending potentially hazardous food until serviced by the operator,
				  in the event of power failure or other condition which results in noncompliance
				  with temperature requirements in the food storage compartment.
Hot food vending machines designed to heat food through the
				  forty-five degrees Fahrenheit [7.22 degrees Celsius] to one hundred forty
				  degrees Fahrenheit [60 degrees Celsius] temperature range, shall also be
				  equipped with automatic controls which render the machine incapable of vending
				  potentially hazardous food until serviced by the operator in the event that
				  heating through this temperature range is not accomplished in one hundred
				  twenty minutes or less.
Potentially hazardous food which has failed to conform to
				  the time-temperature requirements of this paragraph shall be removed from the
				  vending machine, and be denatured or otherwise rendered unusable for human
				  consumption.
Vending machines dispensing potentially hazardous food shall
				  be provided with one or more thermometers which, to an accuracy of minus two
				  degrees Fahrenheit [minus 18.89 degrees Celsius], indicates the air temperature
				  of the warmest part of the refrigerated food storage compartment, or the
				  coldest part of the heated food storage compartment, whichever is applicable.
(7) Milk and fluid milk
				products offered for sale through vending machines shall be pasteurized and
				shall be dispensed only in individual, original containers or from bulk
				containers into which such product was placed at the milk plant; provided, that
				such products may be reconstituted automatically within the vending machine
				when (a) the powder or concentrate is made from a pasteurized milk or milk
				product and is from an approved source; (b) the mixing chambers or bowls and
				any food-contact surface downstream from such mixing units are maintained at
				safe temperatures; and (c) the product is reconstituted for immediate
				dispensing in individual unit servings.
(8) Milk and fluid milk products used as an
				ingredient in hot liquid beverages dispensed from vending machines may be
				transferred to a multiuse machine canister at the machine location; provided,
				that (a) the location offers adequate protection against dust, insects, and
				other contamination; (b) the milk or fluid milk product is transferred from a
				dairy-filled container of not to exceed one-half gallon [1.89 liter] capacity;
				(c) the entire contents of such dairy-filled container are used in the
				transfer; (d) unused portions removed from the machine are discarded to waste;
				and (e) the milk or fluid milk product is poured only into an empty canister
				which has been effectively cleaned and sanitized at the commissary; provided
				further, that milk or fluid milk products shall not be used as an ingredient
				under the terms of this paragraph unless the temperature of the hot beverage at
				the point of mixing with the milk product is one hundred sixty degrees
				Fahrenheit [71.11 degrees Celsius] or higher.
Vending machine canisters and appurtenances used for the
				  transfer of such milk products shall be effectively cleaned and sanitized at
				  approved, fixed facilities at the commissary by methods approved by the
				  department. After sanitization, the canister and appurtenances shall be fully
				  wrapped in a single-service bag or cover which shall not be opened until the
				  canister unit is installed in the refrigerated compartment of the vending
				  machine. Canisters and appurtenances shall be so designed and constructed that
				  the handling of contact surfaces at the machine location is unnecessary; and,
				  such surfaces shall not be handled during canister installation, tube
				  insertion, or product transfer.
(9) All parts of any bulk milk vending
				machine which come into direct contact with the milk or milk product shall be
				effectively cleaned and sanitized at the milk plant; provided, that
				single-service dispensing tubes which receive sanitizing treatment at the
				fabricating plant and which are individually packaged in such manner as to
				preclude contamination, may be exempted from this provision. The can or other
				bulk milk container shall be filled only at the milk plant and shall be sealed
				in such manner as to make it impractical to withdraw any part of its contents
				or to introduce any substance without breaking the seal or seals. The delivery
				tube and any milk-contact parts of the dispensing device shall be attached at
				the milk plant, and shall be protected by a moistureproof covering, or housed
				in a compartment with a moisture-tight closure which shall not be removed until
				after the container is placed in the refrigerated compartment of the vending
				machine.
(10) With the exception
				of food-contact surfaces of bulk milk vending machines for which separate
				provisions for cleaning and sanitizing are specified in paragraph 9, all
				multiuse containers or parts of vending machines which come into direct contact
				with potentially hazardous food shall be removed from the machine daily and
				shall be thoroughly cleaned and effectively sanitized at the commissary or
				other approved facility; provided, that the requirement for daily cleaning and
				sanitizing may be waived for those food-contact surfaces which are maintained
				at all times at a temperature of forty-five degrees Fahrenheit [7.22 degrees
				Celsius] or below, or one hundred forty degrees Fahrenheit [60 degrees Celsius]
				or above, whichever is applicable, and an approved cleaning frequency is
				followed. Such parts shall, after sanitizing, be protected from contamination.
(11) All parts of vending machines
				which come into direct contact with other than potentially hazardous food shall
				be thoroughly cleaned by approved methods. The frequency of such cleaning shall
				be established by the department based upon the type of product being
				dispensed. A record of such cleaning operations shall be maintained by the
				operator in each machine or shall be made available at the time of inspection
				and shall be current for at least the past thirty days.
(12) All single-service articles shall be
				purchased in sanitary cartons or packages which protect the articles from
				contamination, shall be stored in a clean, dry place until used, and shall be
				handled in a sanitary manner. Such articles shall be stored in the original
				carton or package in which they were placed at the point of manufacture until
				introduced into the magazine or dispenser of the vending machine.
				Single-service articles stored within the vending machine shall be protected
				from manual contact, dust, insects, rodents, and other contamination.