reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 11 - Physical Facilities › Section 310:257-11-38 - 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, utensils, linens, and single-service and single-use
				  articles.
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 11 - Physical Facilities › Section 310:257-11-40 - Premises, structures, attachments, and fixtures, repairing

Current through Vol. 41, No. 20, July 1, 2024
The physical facilities shall be maintained in good
				  repair.
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 11 - Physical Facilities › Section 310:257-11-41 - Cleaning, frequency and restrictions

Current through Vol. 41, No. 20, July 1, 2024
(a) The physical facilities shall be cleaned
				as often as necessary to keep them clean.
(b) Cleaning shall be done during periods
				when the least amount of food is exposed such as after closing. This
				requirement does not apply to cleaning that is necessary due to a spill or
				other accident.
(c) Mobile
				pushcarts and mobile food establishments shall return daily to the commissary
				for servicing and cleaning, if not associated with an event or
				celebration.
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 11 - Physical Facilities › Section 310:257-11-42 - Cleaning floors, dustless methods

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Except as specified in (b) of this Section, only dustless methods of cleaning
				shall be used, such as wet cleaning, vacuum cleaning, mopping with treated dust
				mops, or sweeping using a broom and dust-arresting compounds.
(b) Spills, drippage, or vomit and diarrheal
				events on floors that occur between normal floor cleaning times may be cleaned:
(1) Without the use of dust-arresting
				compounds; and
(2) In the case of
				liquid spills or drippage, with the use of a small amount of absorbent compound
				such as sawdust or diatomaceous earth applied immediately before spot
				cleaning.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 11 - Physical Facilities › Section 310:257-11-43 - Cleaning ventilation systems, nuisance and discharge prohibition

Current through Vol. 41, No. 20, July 1, 2024
(a) Intake and exhaust air ducts shall be
				cleaned and filters changed so they are not a source of contamination by dust,
				dirt, and other materials.
(b) If
				vented to the outside, ventilation systems may not create a public health
				hazard or nuisance or unlawful discharge.
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 11 - Physical Facilities › Section 310:257-11-44 - Cleaning maintenance tools, preventing contamination

Current through Vol. 41, No. 20, July 1, 2024
Food preparation sinks, handwashing lavatories, and
				  warewashing equipment shallnot be used for the cleaning of maintenance tools,
				  the preparation or holding of maintenance materials, or the disposal of mop
				  water and similar liquid wastes.
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 11 - Physical Facilities › Section 310:257-11-45 - Drying mops

Current through Vol. 41, No. 20, July 1, 2024
After use, mops shall be placed in a position that allows
				  them to air-dry without soiling walls, equipment, or
				  supplies.
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 11 - Physical Facilities › Section 310:257-11-46 - Absorbent materials on floors, use limitation

Current through Vol. 41, No. 20, July 1, 2024
Except as specified in OAC
				  310:257-11-42(b),
				  sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or
				  similar materials may not be used on floors.
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 11 - Physical Facilities › Section 310:257-11-47 - Cleaning of plumbing fixtures

Current through Vol. 41, No. 20, July 1, 2024
Plumbing fixtures such as handwashing sinks, toilets, and
				  urinals shall be cleaned as often as necessary to keep them
				  clean.
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 11 - Physical Facilities › Section 310:257-11-48 - Closing toilet room doors

Current through Vol. 41, No. 20, July 1, 2024
Toilet room doors as specified under OAC
				  310:257-11-14
				  shall be kept closed except during cleaning and maintenance
				  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 11 - Physical Facilities › Section 310:257-11-49 - Using dressing rooms and lockers

Current through Vol. 41, No. 20, July 1, 2024
(a) Dressing rooms shall be used by employees
				if the employees regularly change their clothes in the establishment.
(b) Lockers or other suitable facilities
				shall be used for the orderly storage of employee clothing and other
				possessions.
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 11 - Physical Facilities › Section 310:257-11-50 - Controlling pests

Current through Vol. 41, No. 20, July 1, 2024
The premises shall be maintained free of insects, rodents,
				  and other pests. Insects, rodents, and other pests shall be controlled to
				  eliminate their presence on the premises 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 as specified under OAC
				310:257-13-5,
				OAC
				310:257-13-13,
				and OAC
				310:257-13-14
				and
(4) Eliminating harborage
				conditions.
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 11 - Physical Facilities › Section 310:257-11-51 - Removing dead or trapped birds, insects, rodents, and other 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.
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 11 - Physical Facilities › Section 310:257-11-52 - Storing maintenance tools

Current through Vol. 41, No. 20, July 1, 2024
Maintenance tools such as brooms, mops, vacuum cleaners, and
				  similar items shall be:
(1) Stored so
				they do not contaminate food, equipment, utensils, linens, and single-service
				and single-use articles; and
(2)
				Stored in an orderly manner that facilitates cleaning the area used for storing
				the maintenance tools.
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 11 - Physical Facilities › Section 310:257-11-53 - 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.
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 11 - Physical Facilities › Section 310:257-11-54 - Prohibiting animals

Current through Vol. 41, No. 20, July 1, 2024
(a) Except as
				specified in (b), (c) and (d) of this Section, live animals shall not be
				allowed on the premises of a food establishment.
(b) Live animals may be allowed in the
				following situations if the contamination of food; clean equipment, utensils,
				and linens; and unwrapped single-service and single-use articles cannot result:
(1) Edible fish or decorative fish in
				aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish
				and crustacea in display tank systems;
(2) Patrol dogs accompanying police or
				security officers in offices and dining, sales, and storage areas, and sentry
				dogs running loose in outside fenced areas;
(3) In areas that are not used for food
				preparation and that are usually open for customers, such as dining and sales
				areas, service animals that are controlled by the disabled employee or person,
				if a health or safety hazard will not result from the presence or activities of
				the service animal;
(4) Pets in the
				common dining areas of institutional care facilities such as nursing homes,
				assisted living facilities, group homes, or residential care facilities at
				times other than during meals if:
(A)
				Effective partitioning and self-closing doors separate the common dining areas
				from food storage or food preparation areas,
(B) Condiments, equipment, and utensils are
				stored in enclosed cabinets or removed from the common dining areas when pets
				are present, and
(C) Dining areas
				including tables, countertops, and similar surfaces are effectively cleaned
				before the next meal service; and
(5) In areas that are not used for food
				preparation, storage, sales, display, or dining, in which there are caged
				animals or animals that are similarly confined, such as in a variety store that
				sells pets or a tourist park that displays animals;
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 13 - Poisonous or Toxic Materials › Section 310:257-13-1 - Identifying information, prominence

Current through Vol. 41, No. 20, July 1, 2024
Containers of poisonous or toxic materials, first aid
				  supplies, medicine, and personal care items shall bear a legible manufacturer's
				  label.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-2 - Common name

Current through Vol. 41, No. 20, July 1, 2024
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.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-3 - Storage separation

Current through Vol. 41, No. 20, July 1, 2024
Poisonousor toxic materialsshall be stored so theycannot
				  contaminate food,
				  equipment
,
utensils
,
linens,andsingle-service
				  andsingle-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, linens,
				and single-service or single-use articles. This paragraph does not apply to
				equipment and utensil cleaners and sanitizers that are stored in warewashing
				areas for availability and convenience if the materials are stored to prevent
				contamination of food, equipment, utensils, linens, and single-service and
				single-use articles.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-4 - Presence and use, restriction

Current through Vol. 41, No. 20, July 1, 2024
(a) Only
				those poisonous or toxic materials that are required for the operation and
				maintenance of a food establishment and the immediate premise, such as for the
				cleaning and sanitizing of equipment and utensils and the control of insects
				and rodents, shall be allowed in a food establishment.
(b) Paragraph (a) of this Section does not
				apply to packaged poisonous or toxic materials that are for retail
				sale.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-5 - 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 a 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 257 - Food Establishments › Subchapter 13 - Poisonous or Toxic Materials › Section 310:257-13-6 - Poisonous or toxic material containers

Current through Vol. 41, No. 20, July 1, 2024
A container previously used to store poisonous or toxic
				  materials shall not be used to store, transport, or dispense
				  food.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-7 - 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 food-contact
				  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.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-8 - Chemicals for washing, treatment, storage, and processing of fruits and vegetables, criteria

Current through Vol. 41, No. 20, July 1, 2024
Chemicals, including those generated on-site, used to wash or
				  peel raw, whole, uncut fruits and vegetables or used in the treatment, storage,
				  and processing of fruits and vegetables shall:
(1) Be an approved food additive listed for
				this intended use in 21 CFR, Part 173 , or
(2) Be generally recognized as safe (GRAS)
				for this intended use, or
(3) Be
				the subject of an effective food contact notification for this intended use
				(only effective for the manufacturer or supplier identified in the
				notification), and
(4) Meet the
				requirements in 40 CFR, Part 156 Labeling Requirements for Pesticide and
				Devices.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-9 - Boiler water additives, criteria

Current through Vol. 41, No. 20, July 1, 2024
Chemicals used as boiler water additives shall meet the
				  requirements specified in
				  21 CFR
				  173.310 Boiler Water
				  Additives.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-10 - Drying agents, criteria

Current through Vol. 41, No. 20, July 1, 2024
Drying agents used in conjunction with sanitization
				  shall:
(1) Contain only components
				that are listed as one of the following:
(A)
				Generally recognized as safe for use in food as specified in 21 CFR, Part 182 -
				Substances Generally Recognized as Safe, or 21 CFR, Part 184 - Direct Food
				Substances Affirmed as Generally Recognized as Safe,
(B) Generally recognized as safe for the
				intended use as specified in 21 CFR, Part 186 - Indirect Food Substances
				Affirmed as Generally Recognized as Safe,
(C) Generally recognized as safe for the
				intended use as determined by experts qualified in scientific training and
				experience to evaluate the safety of substances added, directly or indirectly,
				to food as described in
				21
				CFR Section 170.30 Eligibility for
				classification as generally recognized as safe (GRAS),
(D) Specifically regulated as an indirect
				food additive for use as a drying agent as specified in 21 CFR Parts
				174-178,
(E) Approved for use as a
				drying agent under the threshold of regulation process established by
				21
				CFR Section 170.39 Threshold of regulation
				for substances used in food-contact articles,
(F) Subject of an effective Food Contact
				Notification as described in the
				21 USC Section
				348, or
(G) Approved for use as a drying agent under
				a prior sanction as described in
				21
				USC §
											301; and
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 13 - Poisonous or Toxic Materials › Section 310:257-13-11 - Incidental food contact, criteria

Current through Vol. 41, No. 20, July 1, 2024
Lubricants shall meet the requirements specified in
				  21 CFR
				  178.3570 Lubricants with incidental food
				  contact, if they are used on food-contact surfaces, on bearings and gears
				  located on or within food-contact surfaces, or on bearings and gears that are
				  located so that lubricants may leak, drip, or be forced into food or onto
				  food-contact surfaces.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-12 - Restricted use pesticides, criteria

Current through Vol. 41, No. 20, July 1, 2024
Restricted use pesticides specified under OAC
				  310:257-13-5(3)
				  shall meet the requirements specified in 40 CFR 152 Subpart I - Classification
				  of Pesticides.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-13 - Rodent bait stations

Current through Vol. 41, No. 20, July 1, 2024
Rodent bait shall be contained in a covered, tamper-resistant
				  bait station.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-14 - 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 shall not be used in a food
				establishment.
(b) If used, a
				nontoxic tracking powder such as talcum or flour shall not contaminate food,
				equipment, utensils, linens, and single-service and single-use
				articles.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-15 - Restriction and storage

Current through Vol. 41, No. 20, July 1, 2024
(a) Except for
				medicines that are stored or displayed for retail sale, only those medicines
				that are necessary for the health of employees shall be allowed in a food
				establishment.
(b) Medicines that
				are in a food establishment for the employees' use shall be labeled as
				specified under OAC
				310:257-13-1
				and located to prevent the contamination of food, equipment, utensils, linens,
				and single-service and single-use articles.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-16 - Refrigerated medicines, storage

Current through Vol. 41, No. 20, July 1, 2024
Medicines belonging to employees or to children in a school
				  setting that require refrigeration and are stored in a food refrigerator shall
				  be:
(1) Stored in a package or
				container and kept inside a covered, leak-proof container that is identified as
				a container for the storage of medicines; and
(2) Located so they are inaccessible to
				children.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-17 - Storage

Current through Vol. 41, No. 20, July 1, 2024
First aid supplies that are in a food establishment for the
				  employees' use shall be:
(1) Labeled
				as specified under OAC
				310:257-13-1;
				and
(2) Stored in a kit or a
				container that is located to prevent the contamination of food, equipment,
				utensils, and linens, and single-service and single-use articles.
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 13 - Poisonous or Toxic Materials › Section 310:257-13-18 - Storage

Current through Vol. 41, No. 20, July 1, 2024
Except as specified under OAC
				  310:257-13-16
				  and OAC
				  310:257-13-17, employees
				  shall store their personal care items in facilities as specified under OAC
				  310:257-11-33(b).
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 13 - Poisonous or Toxic Materials › Section 310:257-13-19 - Separation

Current through Vol. 41, No. 20, July 1, 2024
Poisonous or toxic materials shall be stored and displayed
				  for retail sale so they can not contaminate food, equipment, utensils, linens,
				  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, linens, and
				single-service or single-use articles.
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 310:257-15-2.1 - Public health protection

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				regulatory authority shall apply this Chapter to promote its underlying purpose
				of safeguarding public health and ensuring that food is safe, unadulterated,
				and honestly presented when offered to the consumer.
(b) If necessary to protect against public
				health hazards or nuisances, the Department may impose specific requirements in
				addition to the requirements contained in this Chapter that are authorized by
				law.
(c) The regulatory authority
				shall document the conditions that necessitate the imposition of additional
				requirements and the underlying public health rationale. The documentation
				shall be provided to the license applicant or license holder and a copy shall
				be maintained in the Department file for the food establishment.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-3.1 - Variances and waivers

Current through Vol. 41, No. 20, July 1, 2024
(a) Whenever the
				Department adopts new rules or amends existing language in this Chapter, the
				owner of a food establishment may request that a waiver be granted on any
				nonconforming use that may then exist, on or before the effective date of the
				rule change, at the license holder's place of operation, based on the following
				considerations:
(1) Whether the facilities or
				equipment are in good repair and capable of being maintained in a sanitary
				condition;
(2) Whether food-contact
				surfaces comply with OAC
				310:257-7-1
				through OAC
				310:257-7-13;
(3) Whether the capacities of cooling,
				heating, and holding equipment are sufficient to comply with OAC
				310:257-7-50;
				and
(4) The existence of a
				documented agreement with the license holder that the facilities or equipment
				will be replaced as specified under OAC
				310:257-15-20(6).
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-4 - Documentation of proposed waiver or variance and justification

Current through Vol. 41, No. 20, July 1, 2024
(a) Waiver orvariance requests are subject to
				review by the Department. During this process, the regulatory authority may
				confirm the following in writing:
(1) The
				nature and extent of any nonconforming use;
(2) That the equipment or portion of the
				facility in question is in an operable and sanitary condition, and can be
				maintained in satisfactory condition waiver; and
(3) That no public health threats or
				food-related illness will result if the waiver or variance is granted. (b) If a
				HACCP plan is required, as specified in OAC 257-15-8, the license holder must
				supply the regulatory authority with the information specified in OAC
				310:257-15-9
				as it is relevant to the variance requested.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-5 - Conformance with approved procedures

Current through Vol. 41, No. 20, July 1, 2024
If the Department grants a variance as specified in OAC
				  310:257-15-3.1, or a HACCP plan is otherwise required as specified under OAC
				  310:257-15-8,
				  the license holder shall:
(1) Comply
				with the HACCP plans and procedures that are submitted as specified under OAC
				310:257-15-9
				and approved as a basis for the variance, and
(2) Maintain and provide to the regulatory
				authority, upon request, records specified under OAC
				310:257-15-9(5)
				and 6(B) that demonstrate that the following are routinely employed;
(A) Procedures for monitoring critical
				control points,
(B) Monitoring of
				the critical control points,
(C)
				Verification of the effectiveness of an operation or process, and
(D) Necessary corrective actions if there is
				failure at a critical control point.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-6 - When Plans are required

Current through Vol. 41, No. 20, July 1, 2024
A license applicant or license holder shall submit to the
				  Department, payment of plan review fees and properly prepared plans and
				  specifications for review and approval before:
(1) The construction of a food
				establishment;
(2) The conversion
				of an existing structure for use as a food establishment;
(3) The remodeling of a food establishment or
				a change of type of food establishment or food operation; or
(4) If the regulatory authority determines
				that plans and specifications are necessary to ensure compliance with this
				Chapter.
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 310:257-15-7 - Contents of the Plans and Specifications

Current through Vol. 41, No. 20, July 1, 2024
The plans and specifications for a food establishment shall
				  include:
(1) Intended menu;
(2) Anticipated volume of food to be stored,
				prepared, and sold or served;
(3)
				Proposed equipment types, manufacturer and model numbers (if
				available);
(4) Proposed floor
				plan;
(5) Evidence that standard
				operating procedures that ensure compliance with the requirements of this
				Chapter are developed or are being developed; and
(6) Other information that may be required by
				the regulatory authority for the proper review of the proposed construction,
				conversion or modification, and procedures for operating a food
				establishment.
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 310:257-15-8 - When a HACCP plan is required

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Before engaging in an activity that requires a HACCP plan, a license applicant
				or holder shall submit to the Department for approval a properly prepared HACCP
				plan as specified under OAC
				310:257-15-9
				and the relevant provisions of this Chapter if:
(1) Submission of a HACCP plan is
				required;
(2) A variance is
				required as specified under OAC
				310:257-5-63,
				OAC
				310:257-7-35(b),
				or OAC
				310:257-5-46(d)(4);
				or
(3) The Department determines
				that a food preparation or processing method requires a variance based on a
				plan submittal specified under OAC
				310:257-15-7,
				an inspectional finding, or a variance request.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-9 - Contents of a HACCP plan

Current through Vol. 41, No. 20, July 1, 2024
For a food establishment that is required under OAC
				  310:257-15-8
				  to have a HACCP plan, the plan and specifications shall indicate:
(1) The name of the license applicant or
				holder, the food establishment address, and contact information.
(2) A categorization of the types of
				Time/Temperature Control for Safety foods that are to be controlled under the
				HACCP plan;
(3) A flow diagram or
				chart for each specific food or category type that identifies:
(A) Each step in the process
(B) The hazards and controls for each step in
				the flow diagram or chart;
(C) The
				steps that are CCPs;
(D) The
				ingredients, materials, and equipment used in the preparation of that food;
				and
(E) Formulations or recipes
				that delineate methods and procedural control measures that address the food
				safety concerns involved.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-10 - Trade secrets

Current through Vol. 41, No. 20, July 1, 2024
The regulatory authority shall treat as confidential
				  information that meets the criteria specified in law for a trade secret and is
				  contained on inspection reports and any plans and specifications
				  submitted.
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 310:257-15-11 - Preoperational inspections

Current through Vol. 41, No. 20, July 1, 2024
The regulatory authority may conduct one or more
				  preoperational inspections to verify that the food establishment is constructed
				  and equipped in accordance with the approved plans and approved modifications
				  of those plans, has established standard operating procedures as specified
				  under OAC
				  310:257-15-7(5),
				  and is in compliance with law and this Chapter.
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 310:257-15-12 - Prerequisite for operation

Current through Vol. 41, No. 20, July 1, 2024
A person may not operate a food establishment without a valid
				  license to operate issued by the Commissioner of Health.
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 310:257-15-13 - Form of submission and contents of application

Current through Vol. 41, No. 20, July 1, 2024
A person desiring to operate a food establishment shall
				  submit to the regulatory authority a written application for a license on a
				  form provided by the Department. The application will include at a
				  minimum:
(1) The name, mailing
				address, telephone number, e-mail address, and signature of the person applying
				for the license and the name, mailing address, and physical location of the
				food establishment;
(2) Information
				specifying whether the food establishment is owned by an association,
				corporation, individual, partnership, or other legal entity.
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 310:257-15-14 - Qualifications and responsibilities of applicants

Current through Vol. 41, No. 20, July 1, 2024
To qualify for a license, an applicant shall:
(1) Be an owner of the food establishment or
				an officer of the legal ownership;
(2) Comply with the requirements of this
				Chapter;
(3) Allow access to the
				food establishment and provide required information; and
(4) Pay the applicable license fees at the
				time the application is submitted.
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 310:257-15-16 - New establishments

Current through Vol. 41, No. 20, July 1, 2024
For food establishments that are required to submit plans as
				  specified under OAC
				  310:257-15-6
				  the Commissioner of Health shall issue a license to the applicant after:
(1) A properly completed application is
				submitted;
(2) All required fees
				are received;
(3) The required
				plans, specifications, and information are reviewed and approved; and
(4) A preoperational inspection if required
				shows that the establishment is built or remodeled in accordance with the
				approved plans and specifications and that the establishment is in compliance
				with this Chapter.
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 310:257-15-17 - Existing establishments, license renewal, and change of ownership

Current through Vol. 41, No. 20, July 1, 2024
The Commissioner of Health may renew a license for an
				  existing food establishment or may issue a license to a new owner of an
				  existing food establishment after a properly completed application is
				  submitted, reviewed, and approved, the fees are received, and an inspection
				  shows that the establishment is in compliance with this
				  Chapter.
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 310:257-15-18 - Denial of application for license, notice

Current through Vol. 41, No. 20, July 1, 2024
If an application for a license to operate is denied, the
				  regulatory authority shall provide the applicant with a notice that
				  includes:
(1) The specific reasons and
				Chapter citations for the license denial; and
(2) The actions, if any, that the applicant
				must take to qualify for a license.
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 310:257-15-19 - Responsibilities of the Department

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department shall make available to the license holder a copy of this Chapter
				via the Oklahoma State Department of Health website so that the license holder
				is notified of the compliance requirements and the conditions of retention that
				are applicable to the license.
(b)
				Failure to provide the information specified in (a) of this Section does not
				prevent the regulatory authority from taking authorized action or seeking
				remedies if the license holder fails to comply with this Chapter or an order,
				warning, or directive of the Department.
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 310:257-15-20 - Responsibilities of the license holder

Current through Vol. 41, No. 20, July 1, 2024
Upon acceptance of the license issued by the Commissioner of
				  Health, the license holder in order to retain the license shall:
(1) Post the license in a conspicuous
				location in the food establishment;
(2) Comply with the provisions of this
				Chapter;
(3) Comply with directives
				of the Department including time frames for corrective actions specified in
				inspection reports, notices, orders, warnings, and other directives issued by
				the Department;
(4) Accept notices
				issued and served by the Department;
(5) Be subject to the administrative, civil,
				injunctive, and criminal remedies as authorized by law for failure to comply
				with this Chapter or a directive of the Department, including time frames for
				corrective actions specified in inspection reports, notices, orders, warnings,
				and other directives; and
(6) If
				applicable, submit the annual renewal application and pay all renewal license
				and late fees.
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 310:257-15-21 - Licenses not transferable

Current through Vol. 41, No. 20, July 1, 2024
A license cannot be transferred from one license holder to
				  another, from one physical address to another or from one type of operation to
				  another if the food operation changes from the type of operation specified in
				  the application and the change in operation is not approved.
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 310:257-15-22 - Competency of inspectors

Current through Vol. 41, No. 20, July 1, 2024
An authorized representative of the Department who inspects a
				  food establishment or conducts plan review for compliance with this Chapter
				  shall have the knowledge, skills, and ability to adequately perform the
				  required duties and be licensed pursuant to 59 O.S. Sections 1150.1 et seq.
				  (Oklahoma Sanitarian and Environmental Specialist Registration
				  Act).
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 310:257-15-23 - Allowed at reasonable times after due notice

Current through Vol. 41, No. 20, July 1, 2024
After the regulatory authority presents official credentials
				  and provides notice of the purpose of, and an intent to conduct, an inspection,
				  the person in charge shall allow the regulatory authority to determine if the
				  food establishment is in compliance with this Chapter by allowing access to the
				  establishment, allowing inspection, and providing information and records
				  specified in this Chapter and to which the regulatory authority is entitled
				  according to law, during the food establishment's hours of operation and other
				  reasonable times.
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 310:257-15-24 - Refusal, notification of right to access, and final request for access

Current through Vol. 41, No. 20, July 1, 2024
If a person denies access to the the regulatory authority
				  then the regulatory authority shall:
(1) Inform the person that:
(A) The license holder is required to allow
				access to the regulatory authority as specified under OAC
				310:257-15-23
				of this Chapter,
(B) Access is a
				condition of the acceptance and retention of a food establishment license to
				operate, and
(C) If access is
				denied, an order issued by the appropriate authority allowing access may be
				obtained; and
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-25 - Refusal, reporting

Current through Vol. 41, No. 20, July 1, 2024
If after the regulatory authority presents credentials and
				  provides notice, explains the authority upon which access is requested, and
				  makes a final request for access, the person in charge continues to refuse
				  access, the regulatory authority shall record details of the denial of access
				  on an inspection report form.
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 310:257-15-26 - Order to gain access

Current through Vol. 41, No. 20, July 1, 2024
If denied access to a food establishment for an authorized
				  purpose and after complying with OAC
				  310:257-15-24,
				  the Department may issue, or apply for the issuance of, an order to gain access
				  as provided in law.
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 310:257-15-27 - Documenting information and observations

Current through Vol. 41, No. 20, July 1, 2024
The regulatory authority shall document on an inspection
				  report form:
(1) Administrative
				information about the food establishment's legal identity, physical location,
				type of establishment, inspection date, and other information such as type of
				water supply and sewage disposal, status of the license, and personnel
				certificates that may be required; and
(2) Specific observations of violative
				conditions or other deviations from this Chapter that require correction by the
				license holder including:
(A) Failure of the
				person in charge to demonstrate the knowledge of foodborne illness prevention,
				application of HACCP principles, and the requirements of this
				Chapter,
(B) Failure of food
				employees to demonstrate their knowledge of their responsibility to report a
				disease or medical condition,
(C)
				Nonconformance with priority or priority foundation items of this
				Chapter,
(D) Failure of the
				appropriate food employees to demonstrate their knowledge of, and ability to
				perform in accordance with, the procedural, monitoring, verification, and
				corrective action practices required by the Department,
(E) Failure of the person in charge to
				provide records required by the regulatory authority for determining
				conformance with a HACCP plan, and
(F) Nonconformance with critical limits of a
				HACCP plan.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-29 - Issuing report and obtaining acknowledgment of receipt

Current through Vol. 41, No. 20, July 1, 2024
At the conclusion of the inspection, the regulatory authority
				  shall provide a copy of the completed inspection report to the license holder
				  or to the person in charge, and request a signed acknowledgment of
				  receipt.
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 310:257-15-30 - Refusal to sign acknowledgment

Current through Vol. 41, No. 20, July 1, 2024
The regulatory authority shall:
(1) Inform a person who declines to sign an
				acknowledgment of receipt of inspectional findings as specified under OAC
				310:257-15-29:
(A) An acknowledgment of receipt is not an
				agreement with findings,
(B)
				Refusal to sign an acknowledgment of receipt does not affect the license
				holder's obligation to correct the violations noted in the inspection report
				within the required timeframes, and
(C) A refusal to sign an acknowledgment of
				receipt is noted in the inspection report and conveyed to the Department's
				historical record for the food establishment; and
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 257 - Food Establishments › Subchapter 15 - Compliance and Enforcement › Section 310:257-15-31 - Public information

Current through Vol. 41, No. 20, July 1, 2024
Except as specified in OAC
				  310:257-15-10, the
				  Department shall treat the inspection report as a public document and shall
				  make it available for disclosure to a person who requests it as provided in
				  law.
Added at 23 Ok Reg 2358,
				  eff 6-25-06