reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-32 - Ceasing operations and reporting

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Except as specified in (b) of this Section, a license holder shall immediately
				discontinue operations and notify the regulatory authority if an imminent
				health hazard may exist because of an emergency such as a fire, flood, sewage
				backup, insufficient refrigeration and/or hot food storage facilities
				available, substantial evidence or presence of a large number of insects, or
				evidence of rodents in food or on food preparation surfaces, interruption of
				safe potable water supply to the facility, misuse of poisonous or toxic
				materials, onset of an apparent foodborne illness outbreak, interruption of
				electrical service for more than four (4) hours, severe structural damage in
				the facility, an employee working with a Salmonella, Shigella, Shiga
				toxin-producing
Escherichia coli
or Hepatitis A infection,
				gross unsanitary occurrence or condition, or other circumstance as determined
				by the Commissioner of Health, or his designee, that may endanger public
				health.
(b) A license holder need
				not discontinue operations in an area of an establishment that is unaffected by
				the imminent health hazard.
(c)
				Considering the nature of the potential hazard involved and the complexity of
				the corrective action needed, the regulatory authority may agree to continuing
				operations in the event of an extended interruption of electrical or water
				service if:
(1) A written emergency operation
				plan has been approved;
(2)
				Immediate corrective action is taken to eliminate, prevent, or control any food
				safety risk and imminent health hazard associated with the electrical or water
				service interruption; and
(3) The
				Regulatory Authority Department is informed upon implementation of the written
				emergency operating plan.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-33 - Resumption of operations

Current through Vol. 41, No. 20, July 1, 2024
If operations are discontinued as specified under OAC
				  310:257-15-32
				  or otherwise according to law, the license holder shall obtain approval from
				  the regulatory authority before resuming operations.
Added at 23 Ok Reg 2358,
				  eff 6-25-06
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-34 - Timely correction

Current through Vol. 41, No. 20, July 1, 2024
(a) Except as
				specified in (b) of this Section, a license holder shall at the time of
				inspection correct a priority or priority foundation violation of this Chapter
				and implement corrective actions for a HACCP plan provision that is not in
				compliance with its critical limit.
(b) Considering the nature of the potential
				hazard involved and the complexity of the corrective action needed, the
				regulatory authority may agree to or specify a longer time frame, not to
				exceed:
(1) Seventy two (72) hours after the
				inspection, for the license holder to correct violations of a priority item;
				or
(2) Ten (10) calendar days after
				the inspection, for the license holder to correct violations of a priority
				foundation item or HACCP Plan deviations.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-35 - Verification and documentation of correction

Current through Vol. 41, No. 20, July 1, 2024
(a) After observing at the time of inspection
				a correction of a priority or priority foundation violation or HACCP deviation,
				the regulatory authority shall enter the violation and information about the
				corrective action on the inspection report.
(b) After receiving notification that the
				license holder has corrected a priority or priority foundation violation or
				HACCP plan deviation, or at the end of the specified period of time, the
				regulatory authority shall verify correction of the violation, document the
				information on an inspection report, and enter the report in the Department's
				records.
Added at 23 Ok Reg 2358,
				  eff 6-25-06; Amended at 28 Ok Reg 2289, eff
				  11-1-11
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-36 - Time frame for correction

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Except as specified in (b) of this Section, the license holder shall correct
				violations that are Core items by a date and time agreed to or specified by the
				regulatory authority but no later than ninety (90) calendar days after the
				inspection.
(b) The Department may
				approve a compliance schedule that extends beyond the time limits specified
				under (a) of this Section if a written schedule of compliance is submitted by
				the license holder and no health hazard exists or will result from allowing an
				extended schedule for compliance.
(c) If corrections are not made according to
				(a) and (b) of this section, then the facility is subject to enforcement
				action.
Added at 23 Ok Reg 2358,
				  eff 6-25-06; Amended at 28 Ok Reg 2289, eff
				  11-1-11
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-37 - Obtaining information: personal history of illness, medical examination, and specimen analysis

Current through Vol. 41, No. 20, July 1, 2024
The Department shall act when it has reasonable cause to
				  believe that a food employee or conditional employee has possibly transmitted
				  disease; may be infected with a disease in a communicable form that is
				  transmissible through food; may be a carrier of infectious agents that cause a
				  disease that is transmissible through food; or is affected with a boil, an
				  infected wound, or acute respiratory infection, by:
(1) Securing a confidential medical history
				of the food employee or conditional employee suspected of transmitting disease
				or making other investigations as deemed appropriate; and
(2) Requiring appropriate medical
				examinations, including collection of specimens for laboratory analysis, of a
				suspected food employee or conditional employee and other employees.
Added at 23 Ok Reg 2358,
				  eff 6-25-06
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-38 - Restriction or exclusion of food employee or conditional employee, or summary suspension of license

Current through Vol. 41, No. 20, July 1, 2024
Based on the findings of an investigation related to a food
				  employee or conditional employee who is suspected of being infected or
				  diseased, the Department may issue an order to the suspected food employee or
				  license holder instituting one or more of the following control
				  measures:
(1) Restricting the food
				employee or conditional employee;
(2) Excluding the food employee or
				conditional employee; or
(3)
				Closing the food establishment by summarily suspending a license to
				operate.
Added at 23 Ok Reg 2358,
				  eff 6-25-06
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-39 - Restriction or exclusion order: warning or hearing not required, information required in order

Current through Vol. 41, No. 20, July 1, 2024
Based on the findings of the investigation and to control
				  disease transmission, the Department may issue an order of restriction or
				  exclusion to a suspected food employee or the license holder without prior
				  warning, notice of a hearing, or a hearing if the order:
(1) States the reasons for the restriction or
				exclusion that is ordered;
(2)
				States the evidence that the food employee or license holder shall provide in
				order to demonstrate that the reasons for the restriction or exclusion are
				eliminated;
(3) States that the
				suspected food employee or the license holder may request an appeal hearing by
				submitting a timely request as provided in law; and
(4) Provides the name and address of the
				Department representative to whom a request for an appeal hearing may be
				made.
Added at 23 Ok Reg 2358,
				  eff 6-25-06
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-40 - Release of food employee from restriction or exclusion

Current through Vol. 41, No. 20, July 1, 2024
The Department shall release a food employee from restriction
				  or exclusion consistent with the provisions of
				  310:257-3-6.
Added at 23 Ok Reg 2358,
				  eff 6-25-06; Amended at 28 Ok Reg 2289, eff
				  11-1-11
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-41 - Priority items and priority foundation items

Current through Vol. 41, No. 20, July 1, 2024
(a)
Priority items.
The
				Department shall treat as a priority item any requirement in the following
				sections of OAC 310-257: 3-4(a, c, d, f); 3-5; 3-6; 3-9; 3-10(a, b); 3-12; 5-1;
				5-2(a, b), (e)(3)(A); 5-3; 5-4; 5-5; 5-6; 5-7(a); 5-8; 5-9(a, c, d); 5-10;
				5-11; 5-12; 5-14; 5-18(a)(2); 5-21(b); 5-22; 5-23(a)(1, 2); 5-25; 5-26; 5-28;
				5-30; 5-34(a); 5-36(a), (b)(1); 5-41; 5-43(a); 5-44(a); 5-46(a),(b)(1);
				5-47(3); 5-48.1(1, 2, 3, 4, 5); 5-49(a); 5-52 (a, b, c, d); 5-53(1); 5-57;
				5-59(a, b); 5-61; 5-62(b)(1, 3, 4), (c)(1, 4, 5); 5-64(a), (b)(4), (c),
				(d)(2)(B, C, D, E), (e)(1); 5-70(a, b, c, d); 5-71(1, 2, 3, 4, 5); 7-1(1); 7-3;
				7-4(a); 7-5; 7-7; 7-12(1)(A), (2)(A); 7-14; 7-28(5); 7-35(a); 7-36; 7-72;
				7-75(1, 2, 3, 4, 5), (6)(A, B); 7-79; 7-83(a, c); 7-94; 7-95; 9-1; 9-2; 9-5;
				9-12; 9-13(a); 9-15; 9-16; 9-21; 9-22(a); 9-27(a); 9-29, 9-30(1); 9-31(1);
				9-37(1); 9-38; 9-41; 9-44(a); 9-47(a); 9-49; 9-52; 11-21; 13-3; 13-5(1, 2);
				13-6; 13-7; 13-8; 13-9; 13-10; 13-11; 13-12; 13-13; 13-14(a); 13-15(b); 13-16;
				13-17(2); 13-19; 15-5(1); 15-12; 15-32(a); 17-1(d); 17-2(c)(3), (d)(1, 3);
				17-3.1(c); 17-5(b, d).
(b)
Priority foundation items.
The Department shall treat as a
				priority foundation item any requirement in the following sections of OAC
				310-257: 3-1(a, b); 3-2; 3-3; 3-4(b, e); 3-13; 3-14(a)(1), (2)(A, B, C, D, E),
				(b, c); 3-15; 3-21(a); 3-22; 5-2(c ), (e)(1, 2), (e)(3)(B, C); 5-9(e, f); 5-13;
				5-15(a); 5-16(a); 5-18(a)(1); 5-20; 5-21(c); 5-27(c); 5-43(b, c); 5-46(b)(2),
				(d)(2); 5-48; 5-48.1(6); 5-50(a, c); 5-53(2); 5-58; 5-60(a, b, c); 5-62(a),
				(b)(2), (c)(2, 3); 5-63; 5-64(b)(1, 2, 3, 5, 6), (d)(1), (2)(A, F, G, H),
				(d)(3,4), (e)(2, 3, 4); 5-67(b)(5); 5-69; 7-15(a); 7-16(a)(1); 7-23; 7-24;
				7-35(b); 7-37(e); 7-40; 7-41; 7-42; 7-50; 7-51(a, b); 7-55; 7-56; 7-57; 7-58;
				7-68; 7-70; 7-71; 7-73(a); 7-75(6)(C, D); 7-77; 7-78(b); 7-82(a); 9-6; 9-8;
				9-9; 9-10; 9-11; 9-14(a, e); 9-18(a); 9-23; 9-26; 9-27(b); 9-28; 9-50; 11-24;
				11-25; 11-30; 11-38; 11-44; 11-50(3); 11-54(a); 13-1; 13-2; 13-4(a); 13-5(3);
				13-15(a); 13-17(1); 15-4; 15-5(2); 15-6; 15-9; 15-34(a); 17-1(g, h); 17-2(b),
				(c)(4), (d)(4); 17-4(b)
Added at 23 Ok Reg 2358,
				  eff 6-25-06; Amended at 28 Ok Reg 2289, eff
				  11-1-11
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 17 - Mobile Units › Section 310:257-17-1 - General requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				provisions of this Subchapter are specific to mobile units, which includes
				mobile pushcarts, mobile food establishments, and mobile retail food
				establishments, and are in addition to any requirements contained in this
				Chapter.
(b) Anymobile unitthat
				sells only prepackaged foodis not subject to a plan review fee.
(c) A mobile unit is exempt from mechanical
				refrigeration requirements if it is able to maintain food products at
				temperatures of 41°F or less and serves only prepackaged food.
(d) Mobile retail units may sell packaged
				foods prepared by a facility that is in compliance with any or all of (1)
				through (4):
(1) OAC 310:260 (relating to good
				manufacturing practices),
(2)
				United States Department of Agriculture,
(3) Oklahoma Department of Agriculture Food
				and Forestry requirements, or
(4)
				Food that is prepared in a facility which is licensed as a food establishment
				under this Chapter to the same owner as the mobile retail unit, provided it is
				not a mobile pushcart or mobile food establishment.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 17 - Mobile Units › Section 310:257-17-2 - Mobile pushcarts

Current through Vol. 41, No. 20, July 1, 2024
(a) Pushcarts
				preparing unpackaged food shall be shielded on three sides.
(b) Foods sold from a pushcart are limited
				to:
(1) Non-Time/Temperature Control for
				Safety Foods and condiments (i.e. processed cheese products, cheese, uncooked
				onions, and sauerkraut),
(2)
				Pre-packaged food, and
(3) The
				preparation and serving of precooked frankfurters, sausages, or other
				precooked, commercially processed Time/Temperature Control for Safety
				Foods.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 17 - Mobile Units › Section 310:257-17-3.1 - Operations of mobile units

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				mobile unit shall not remain at one physical address for longer than twelve
				(12) hours, unless:
(1) It is parked and is
				not operating for multiple days.
(2) It is operated in conjunction with a
				single event or celebration.
(3) It
				is parked or operated at the site of its licensed
				commissary.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 17 - Mobile Units › Section 310:257-17-4 - Mobile retail food establishments

Current through Vol. 41, No. 20, July 1, 2024
(a) A mobile retail food establishment may
				sell from a stationary table, such as at an event or farmers market.
(b) The mobile retail food establishment
				shall have no personal property or hazardous items in the same compartment in
				which the food is transported or stored.
Added at 28 Ok Reg 2289,
				  eff 11-1-11
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 17 - Mobile Units › Section 310:257-17-5 - Commissary and servicing area requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The commissary shall have:
(1) A location available for flushing and
				draining liquid waste to an approved disposal system.
(2) A location to refill potable
				water.
(3) The ability to properly
				store back stock of food and single service articles separate from personal
				items.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 1 - Purpose and Definitions › Section 310:258-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter implement 63 O.S. Section 1-1118.1.
				  The purpose is to safeguard public health and provide to consumers food that is
				  safe, unadulterated, and honestly presented. This Chapter establishes
				  definitions; sets standards for food, operations, equipment, and facilities;
				  and provides for unattended food establishment plan review, license issuance,
				  inspection, and license suspension.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 1 - Purpose and Definitions › Section 310:258-1-3 - Incorporated by reference

Current through Vol. 41, No. 20, July 1, 2024
The following Code of Federal Regulation (CFR) provisions are
				  incorporated by reference as published on July 1, 2019:
(1) Title 9 CFR, Part 424, Subpart (C)
				PREPARATION AND PROCESSING OPERATIONS;
(2) Title 21 CFR, Part 129 PROCESSING AND
				BOTTLING OF BOTTLED DRINKING WATER;
(3) Title 21 CFR, Part 170 FOOD ADDITIVES;
(4) Title 21 CFR, Part 172 FOOD
				ADDITIVES PERMITTED FOR DIRECT ADDITION TO FOOD FOR HUMAN CONSUMPTION;
(5) Title 21 CFR, Part 173
				SECONDARY DIRECT FOOD ADDITIVES PERMITTED IN FOOD FOR HUMAN CONSUMPTION;
(6) Title 21 CFR, Part 174
				INDIRECT FOOD ADDITIVES: GENERAL;
(7) Title 21 CFR, Part 175 INDIRECT FOOD
				ADDITIVES: ADHESIVES AND COMPONENTS OF COATINGS;
(8) Title 21 CFR, Part 176 INDIRECT FOOD
				ADDITIVES: PAPER AND PAPERBOARD COMPONENTS;
(9) Title 21 CFR, Part 177 INDIRECT FOOD
				ADDITIVES: POLYMERS;
(10) Title 21
				CFR, Part 178 INDIRECT FOOD ADDITIVES: ADJUVANTS, PRODUCTION AIDS, AND
				SANITIZERS;
(11) Title 21 CFR, Part
				179 IRRADIATION IN THE PRODUCTION, PROCESSING AND HANDLING OF FOOD;
(12) Title 21 CFR, Part 180 FOOD ADDITIVES
				PERMITTED IN FOOD OR IN CONTACT WITH FOOD ON AN INTERIM BASIS PENDING
				ADDITIONAL STUDY;
(13) Title 21
				CFR, Part 181 PRIOR-SANCTIONED FOOD INGREDIENTS;
(14) Title 21 CFR, Part 182 SUBSTANCES
				GENERALLY RECOGNIZED AS SAFE;
(15)
				Title 21 CFR, Part 184 DIRECT FOOD SUBSTANCES AFFIRMED AS GENERALLY RECOGNIZED
				AS SAFE;
(16) Title 21 CFR, Part
				186 INDIRECT FOOD SUBSTANCES AFFIRMED AS GENERALLY RECOGNIZED AS SAFE;
(17) Title
				21 CFR, Section
				1240.60 Subpart (d) SPECIFIC ADMINISTRATIVE
				DECISIONS REGARDING INTERSTATE SHIPMENTS.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 3 - Operations › Section 310:258-3-1 - Living quarters, separation

Current through Vol. 41, No. 20, July 1, 2024
Living or sleeping quarters located on the premises of an
				  establishment shall be separated from rooms and areas used for establishment
				  operations by complete partitioning and solid self-closing doors.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 3 - Operations › Section 310:258-3-4 - Storing maintenance tools

Current through Vol. 41, No. 20, July 1, 2024
Maintenance tools such as brooms, mops, vacuum cleaners, and
				  similar items shall bestored so they do not contaminate food, equipment,
				  utensils, and single-service articles.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 3 - Operations › Section 310:258-3-5 - Maintaining premises, unnecessary items and litter

Current through Vol. 41, No. 20, July 1, 2024
The premises shall be free of:
(1) Items that are unnecessary to the
				operation or maintenance of the establishment such as equipment that is
				nonfunctional or no longer used; and
(2) Litter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 3 - Operations › Section 310:258-3-6 - Controlling pests

Current through Vol. 41, No. 20, July 1, 2024
The presence of insects, rodents, and other pests shall be
				  controlled to minimize their presence within the facility by:
(1) Routinely inspecting incoming shipments
				of food and supplies;
(2) Routinely
				inspecting the premises for evidence of pests;
(3) Using methods, if pests are found, such
				as trapping devices or other means of pest control/elimination; and
(4) Eliminating harborage conditions.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 3 - Operations › Section 310:258-3-7 - Removing dead or trapped pests

Current through Vol. 41, No. 20, July 1, 2024
Dead or trapped birds, insects, rodents, and other pests
				  shall be removed from control devices and the premises at a frequency that
				  prevents their accumulation, decomposition, or the attraction of pests.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 3 - Operations › Section 310:258-3-8 - Prohibiting animals

Current through Vol. 41, No. 20, July 1, 2024
(a) Except as
				specified in (b) of this Section, live animals may not be allowed on the
				premises of an establishment.
(b)
				Live animals may be allowed in the following situations unless the
				contamination of food, clean equipment, and unwrapped single-service and
				single-use articles may result:
(1) Patrol
				dogs accompanying police or security officers in offices and dining, sales, and
				storage areas, and sentry dogs running loose in outside fenced areas;
(2) Service animals that are
				controlled by the disabled employee or person, as long as a health or safety
				hazard will not result from the presence or activities of the service animal.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 3 - Operations › Section 310:258-3-9 - Distressed merchandise, segregation and location

Current through Vol. 41, No. 20, July 1, 2024
Products that are held by the license holder for credit,
				  redemption, or return to the distributor, such as damaged, spoiled, or recalled
				  products, shall be segregated and held in designated areas that are separated
				  from food, equipment, and single-service and single-use articles.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 5 - Poisonous or Toxic Materials › Section 310:258-5-1 - Identifying information

Current through Vol. 41, No. 20, July 1, 2024
(a) Containers of
				poisonous or toxic materials and personal care items shall bear a legible
				manufacturer's label.
(b) Working
				containers used for storing poisonous or toxic materials such as cleaners and
				sanitizers taken from bulk supplies shall be clearly and individually
				identified with the common name of the material.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 5 - Poisonous or Toxic Materials › Section 310:258-5-2 - Storage and separation

Current through Vol. 41, No. 20, July 1, 2024
Poisonous or toxic materials shall be stored so they cannot
				  contaminate food, equipment, utensils, and single-service and single-use
				  articles by:
(1) Separating the
				poisonous or toxic materials by spacing or partitioning; and
(2) Locating the poisonous or toxic materials
				in an area that is not above food, equipment, utensils, and single-service
				articles.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 5 - Poisonous or Toxic Materials › Section 310:258-5-3 - Presence and use, restriction

Current through Vol. 41, No. 20, July 1, 2024
Only those poisonous or toxic materials that are required for
				  the operation and maintenance of an unattended food establishment, such as for
				  the cleaning and sanitizing of equipment and utensils and the control of
				  insects and rodents, shall be allowed in an unattended food establishment.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 5 - Poisonous or Toxic Materials › Section 310:258-5-4 - Conditions of use

Current through Vol. 41, No. 20, July 1, 2024
Poisonous or toxic materials shall be:
(1) Used according to:
(A) Law and this Chapter,
(B) Manufacturer's use directions included in
				labeling, and, for a pesticide, manufacturer's label instructions that state
				that use is allowed in an unattended food establishment,
(C) The conditions of certification, if
				certification is required, for use of the pest control materials, and
(D) Additional conditions that may
				be established by the Department; and
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 5 - Poisonous or Toxic Materials › Section 310:258-5-5 - Sanitizers, criteria

Current through Vol. 41, No. 20, July 1, 2024
Chemical sanitizers, including chemical sanitizing solutions
				  generated on-site, and other chemical antimicrobials applied to surfaces shall:
(1) Meet the requirements specified
				in
				40
				CFR, Section 180.940 Tolerance exemptions for
				active and inert ingredients for use in antimicrobial formulations
				(Food-contact surface sanitizing solutions), or
(2) Meet the requirements as specified in
				40 CFR, Section
				180.2020 Pesticide Chemicals Not Requiring a
				Tolerance or Exemption from Tolerance-Non-food determinations.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 5 - Poisonous or Toxic Materials › Section 310:258-5-6 - Rodent bait stations

Current through Vol. 41, No. 20, July 1, 2024
Rodent bait shall be contained in a covered, tamper-resistant
				  bait station.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 5 - Poisonous or Toxic Materials › Section 310:258-5-7 - Tracking powders, pest control and monitoring

Current through Vol. 41, No. 20, July 1, 2024
(a) Except as specified in (b) of this
				Section, a tracking powder pesticide may not be used in an unattended
				establishment.
(b) If used, a
				nontoxic tracking powder such as talcum or flour may not contaminate food,
				equipment, utensils, and single-service articles.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 5 - Poisonous or Toxic Materials › Section 310:258-5-8 - Medication, restriction

Current through Vol. 41, No. 20, July 1, 2024
Only medicines that are stored or displayed for retail sale
				  shall be allowed in an unattended food service establishment.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-1 - Prohibited food sales

Current through Vol. 41, No. 20, July 1, 2024
The following foods shall not be offered for sale in an
				  unattended food establishment:
(1)
				Unpackaged foods with the exception of whole uncut fruits or vegetables,
(2) Dispensed beverage,
(3) Salvaged food as regulated under OAC
				310:260 Subchapter seven (7),
(4)
				Raw molluscan shellfish,
(5)
				Mushrooms harvested in the wild.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-2 - Safe, unadulterated, and honestly presented

Current through Vol. 41, No. 20, July 1, 2024
Food shall be safe, unadulterated, and honestly presented.
(1) Food shall be offered for human
				consumption in a way that does not mislead or misinform the consumer.
(2) Food color additives, colored
				overwraps, or lights may not be used to misrepresent the true appearance,
				color, or quality of a food.
(3)
				Manufacturers' dating information on foods may not be concealed or altered.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-3 - Additives

Current through Vol. 41, No. 20, July 1, 2024
Food may not contain unapproved food additives or additives
				  that exceed amounts specified in 21 CFR Sections 170-180 relating to food
				  additives, generally recognized as safe or prior sanctioned substances that
				  exceed amounts specified in 21 CFR, Sections 181-186, substances that exceed
				  amounts specified in 9 CFR, Subpart C Section 424.21(b), food ingredients and
				  sources of radiation, or pesticide residues that exceed provisions specified in
				  40 CFR, Part 180 Tolerances and Exemptions for Pesticides Chemicals Residues in
				  Food.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-4 - Standards of identity

Current through Vol. 41, No. 20, July 1, 2024
Packaged food shall comply with standard of identity
				  requirements in 21 CFR, Sections 131-169 and 9 CFR, Section 319, Definitions
				  and Standards of Identity or Composition, and the General requirements in 21
				  CFR, Part 130 - Food Standards: General, and 9 CFR, Section 319 Subpart A -
				  General.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-5 - Food labels

Current through Vol. 41, No. 20, July 1, 2024
(a) Packaged food
				shall be labeled as specified in law, including 21 CFR, Part 101 - Food
				Labeling, and 9 CFR, Part 317 Labeling, Marking Devices, and Containers.
(b) Label information shall
				include:
(1) The common name of the food, or
				absent a common name, an adequately descriptive identity statement;
(2) If made from two or more ingredients, a
				list of ingredients and sub-ingredients in descending order of predominance by
				weight, including a declaration of artificial colors, artificial flavors, and
				chemical preservatives, if contained in the food;
(3) An accurate declaration of the quantity
				of contents;
(4) The name and place
				of business of the manufacturer, packer, or distributor; and
(5) The name of the food source for each
				major food allergen contained in the food unless the food source is already
				part of the common or usual name of the respective ingredient.
(6) Except as exempted in the Federal Food,
				Drug, and Cosmetic Act,
				21 U.S.C., Section
				343, nutrition labeling as specified in 21
				CFR, Part 101 - Food Labeling and 9 CFR, Part 317 Subpart B, Nutrition
				Labeling.
(7) For any salmonid fish
				containing canthaxanthin or astaxanthin as a color additive, the labeling of
				the bulk fish container, including a list of ingredients, displayed on the
				retail container or by other written means, such as a counter card, that
				discloses the use of canthaxanthin or astaxanthin.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-6 - Compliance with food law

Current through Vol. 41, No. 20, July 1, 2024
(a) Food shall be
				obtained from sources that comply with this Chapter and applicable
				laws.
(b) An establishment may sell
				packaged foods prepared by a facility that is in compliance with OAC 310:260
				(relating to good manufacturing practices), United States Department of
				Agriculture, or the Oklahoma Department of Agriculture Food and
				Forestry.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-7 - Approved water system

Current through Vol. 41, No. 20, July 1, 2024
A license holder shall obtain potable water from:
(1) A community water system; or
(2) A non-community water system; or
(3) A non-transient, non-community
				water system that is constructed, maintained and operated in accordance with
				the Oklahoma Water Supply Systems Act, codified at 27A O.S. Section 2-6-301 et
				seq., and the rules promulgated thereunder.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-8 - Bottled drinking water

Current through Vol. 41, No. 20, July 1, 2024
Bottled drinking water used or sold in an unattended food
				  establishment shall be obtained from approved sources in accordance with 21
				  CFR, Part 129 - Processing and Bottling of Bottled Drinking Water and OAC
				  310:225.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-9 - Milk products

Current through Vol. 41, No. 20, July 1, 2024
(a) Food products
				listed below shall meet standards as specified in 2 O.S. Section 7-401 et seq.
(1) Frozen milk products, such as ice cream;
				and
(2)
				Cheese.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-10 - Fish

Current through Vol. 41, No. 20, July 1, 2024
(a) Fish that are received for sale or
				service shall be:
(1) Commercially and
				legally caught or harvested; or
(2)
				Approved for sale or service.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-11 - Juice

Current through Vol. 41, No. 20, July 1, 2024
Pre-packaged juice shall:
(1) Be obtained from a processor with a HACCP
				system as specified in 21 CFR, Part 120 Hazard Analysis and Critical Control
				(HACCP) Systems; and
(2) Be
				obtained pasteurized or otherwise treated to attain a 5-log reduction of the
				most resistant microorganism of public health significance as specified in
				21 CFR, Part
				120.24 Process Controls.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-12 - Food in a hermetically sealed container

Current through Vol. 41, No. 20, July 1, 2024
Food in a hermetically sealed container shall be obtained
				  from a food processing plant that is regulated by the food regulatory agency
				  that has jurisdiction over the plant.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-13 - Package integrity

Current through Vol. 41, No. 20, July 1, 2024
Food packages shall be in good condition and protect the
				  integrity of the contents so that the food is not exposed to adulteration or
				  potential contaminants.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-14 - Vended time/temperature control for safety food, original container

Current through Vol. 41, No. 20, July 1, 2024
Time/Temperature Control for Safety Food dispensed through a
				  vending machine, vending unit, or customer self-service unit shall be in the
				  package in which it was placed at the unattended food establishment or food
				  processing plant at which it was prepared.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-15 - Temperature

Current through Vol. 41, No. 20, July 1, 2024
(a) Except as specified in (b) of this
				Section, refrigerated, Time/Temperature Control for Safety Food shall be at a
				temperature of 5°C (41°F) or below when received.
(b) If a temperature other than 5°C
				(41°F) for a Time/Temperature Control for Safety Food is specified in law
				governing its distribution, the food may be received at the specified
				temperature.
(c) A food that is
				labeled frozen and shipped frozen by a food processing plant shall be received
				frozen.
(d) Upon receipt,
				Time/Temperature Control for Safety Food shall be free of evidence of previous
				temperature abuse.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-17 - Thawing

Current through Vol. 41, No. 20, July 1, 2024
Time/Temperature Control for Safety Food shall be thawed
				  under refrigeration that maintains the food temperature at 5°C (41°F)
				  or less.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-18 - Time/temperature control for safety food cold holding

Current through Vol. 41, No. 20, July 1, 2024
Time/Temperature Control for Safety Food for cold holding
				  shall be maintained at a temperature of 5°C (41°F) or less.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-19 - Discarding unsafe, adulterated, or contaminated food

Current through Vol. 41, No. 20, July 1, 2024
(a) A food that is unsafe, adulterated, or
				not honestly presented shall be discarded.
(b) Food that is not from an approved source
				shall be discarded.
(c)
				Time/Temperature Control for Safety Food shall be discarded if it:
(1) Exceeds the use by date on the package,
(2) Exceeds 41°F for 4 hours.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-21 - Food and single service article storage

Current through Vol. 41, No. 20, July 1, 2024
(a) Except as specified in (b) and (c) of
				this Section, food and single service articles shall be protected from
				contamination by storing the food:
(1) In a
				clean, dry location;
(2) Where it
				is not exposed to splash, dust, or other contamination; and
(3) At least 15 cm (6 inches) above the
				floor.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-22 - Food and single service article storage, prohibited areas

Current through Vol. 41, No. 20, July 1, 2024
Food and single-service articles may not be stored:
(1) In locker rooms;
(2) In toilet rooms;
(3) In dressing rooms;
(4) In garbage rooms;
(5) In mechanical rooms;
(6) Under sewer lines that are not shielded
				to intercept potential drips;
(7)
				Under leaking water lines, including leaking automatic fire sprinkler heads, or
				under lines on which water has condensed;
(8) Under open stairwells; or
(9) Under other sources of contamination.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-23 - Food display

Current through Vol. 41, No. 20, July 1, 2024
Except for nuts in the shell and whole, raw fruits and
				  vegetables that are intended for hulling, peeling, or washing by the consumer
				  before consumption, food on display shall be protected from contamination by
				  the use of packaging.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 7 - Food › Section 310:258-7-25 - Returned food and re-use of single service article

Current through Vol. 41, No. 20, July 1, 2024
(a) After being sold and in the possession of
				a consumer, food that is unused or returned by the consumer may not be offered
				as food for human consumption.
(b)
				The permit holder shall take reasonable steps necessary to discourage
				individuals from returning food or beverages that have not been selected for
				purchase.
(c) Single-service
				articles may not be reused.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 9 - Equipment Construction › Section 310:258-9-1 - Single-service article characteristics

Current through Vol. 41, No. 20, July 1, 2024
Materials that are used to make single-service articles:
(1) May not:
(A) Allow the migration of deleterious
				substances, or
(B) Impart colors,
				odors, or tastes to food; and
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 9 - Equipment Construction › Section 310:258-9-2 - Nonfood-contact surfaces

Current through Vol. 41, No. 20, July 1, 2024
(a) Nonfood-contact
				surfaces of equipment that are exposed to splash, spillage, or other food
				soiling or that require frequent cleaning shall be constructed of a
				corrosion-resistant, nonabsorbent, and smooth material.
(b) Nonfood-contact surfaces shall be free of
				unnecessary ledges, projections, and crevices, and designed and constructed to
				allow easy cleaning and to facilitate maintenance.
(c) Nonfood-contact surfaces of equipment
				shall be kept free of an accumulation of dust, dirt, food residue, and other
				debris.
(d) Nonfood-contact
				surfaces of equipment shall be cleaned at a frequency necessary to preclude
				accumulation of soil residues.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 9 - Equipment Construction › Section 310:258-9-3 - Equipment

Current through Vol. 41, No. 20, July 1, 2024
Equipment used in an unattended food establishment shall be
				  designated as "commercial" or "commercial grade" by the manufacturer if the
				  equipment is used to meet or maintain temperature for time/temperature control
				  for safety food. Equipment shall be designed and constructed to be durable and
				  to retain their characteristic qualities under normal use conditions.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 9 - Equipment Construction › Section 310:258-9-4 - Cold holding capacities

Current through Vol. 41, No. 20, July 1, 2024
Equipment for holding cold food shall be sufficient in number
				  and capacity to maintain food temperatures at 41°F or below.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 9 - Equipment Construction › Section 310:258-9-5 - Cold holding equipment, design

Current through Vol. 41, No. 20, July 1, 2024
Each cold holding unit shall be equipped with:
(1) Self-closing doors that allow food to be
				viewed without opening the door of the unit,
(2) An automatic self-locking mechanism that
				prevents the consumer from accessing the food items inside the unit if the
				ambient temperature rises above 41°F. The locking mechanism shall not
				prevent the unit from being closed if it has been activated.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 9 - Equipment Construction › Section 310:258-9-6 - Frozen holding equipment, design

Current through Vol. 41, No. 20, July 1, 2024
Each frozen holding unit shall be equipped with:
(1) Self-closing doors that allow food to be
				viewed without opening the door of the unit,
(2) An automatic self-locking mechanism that
				prevents the consumer from accessing the food items inside the unit if the
				ambient temperature rises above 32°F. The locking mechanism shall not
				prevent the unit from being closed if it has been activated.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 9 - Equipment Construction › Section 310:258-9-7 - Temperature measuring devices for ambient air

Current through Vol. 41, No. 20, July 1, 2024
(a) Ambient air temperature measuring devices
				that are scaled in Celsius or dually scaled in Celsius and Fahrenheit shall be
				designed to be easily readable and accurate to 1.5°C in the intended range
				of use.
(b) Ambient air temperature
				measuring devices that are scaled only in Fahrenheit shall be accurate to
				3°F in the intended range of use.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 9 - Equipment Construction › Section 310:258-9-8 - Temperature measuring devices

Current through Vol. 41, No. 20, July 1, 2024
(a) In a
				mechanically refrigerated storage unit, the sensor of a temperature measuring
				device shall be located to measure the air temperature in the warmest part of a
				mechanically refrigerated unit.
(b)
				Cold holding equipment used for potentially hazardous food shall be designed to
				include and shall be equipped with at least one integral or permanently affixed
				temperature measuring device that is located to allow easy viewing of the
				device's temperature display.
(c)
				Temperature measuring devices shall be designed to be easily
				readable.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 9 - Equipment Construction › Section 310:258-9-9 - Condenser unit, separation

Current through Vol. 41, No. 20, July 1, 2024
If a condenser unit is an integral component of equipment,
				  the condenser unit shall be separated from the food and food storage space by a
				  dustproof barrier.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 9 - Equipment Construction › Section 310:258-9-10 - Case lot handling equipment

Current through Vol. 41, No. 20, July 1, 2024
Equipment, such as dollies, pallets, racks, and skids used to
				  store and transport large quantities of packaged foods received from a supplier
				  in a cased or overwrapped lot, shall be designed to be moved by hand or by
				  conveniently available equipment such as hand trucks and forklifts.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 9 - Equipment Construction › Section 310:258-9-11 - Fixed equipment, spacing or sealing

Current through Vol. 41, No. 20, July 1, 2024
(a) Equipment that is fixed because it is not
				easily movable shall be installed so that it is:
(1) Spaced to allow access for cleaning along
				the sides, behind, and above the equipment;
(2) Spaced from adjoining equipment, walls,
				and ceilings a distance of not more than 1 millimeter or one thirty-second
				inch; or
(3) Sealed to adjoining
				equipment or walls, if the equipment is exposed to spillage or seepage.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 258 - Unattended Food Establishments › Subchapter 9 - Equipment Construction › Section 310:258-9-12 - Fixed equipment, elevation or sealing

Current through Vol. 41, No. 20, July 1, 2024
(a) Floor-mounted equipment that is not
				easily movable shall be sealed to the floor or elevated on legs that provide at
				least a 15 centimeter (6 inch) clearance between the floor and the
				equipment.
(b) This Section does
				not apply to display shelving units, display refrigeration units, and display
				freezer units located in the consumer shopping areas of a retail food store, if
				the floor under the units is maintained clean.
(c) Counter-mounted equipment that is not
				easily movable shall be elevated on legs that provide at least a 10 centimeter
				(4 inch) clearance between the table and the equipment.
(d) The clearance space between the counter
				and counter-mounted equipment may be:
(1) 7.5
				centimeters (3 inches) if the horizontal distance of the counter top under the
				equipment is no more than 50 centimeters (20 inches) from the point of access
				for cleaning; or
(2) 5 centimeters
				(2 inches) if the horizontal distance of the counter top under the equipment is
				no more than 7.5 centimeters (3 inches) from the point of access for cleaning.