10.15.03.15

.15 Food Equipment and Utensils.

A. The person-in-charge shall ensure that:

(1) Except as provided in §§A(2), (6), and (15) and B of this regulation, food equipment meets one or more of the following design standards:

(a) National Sanitation Foundation (NSF) or equivalent sanitation certification from:

(i) The Etlsemko division of Intertek Group PLC (Intertek ETL SEMKO);

(ii) Canadian Standards Association (CSA); or

(iii) Underwriters Laboratories (UL);

(b) Baking Industry Sanitation Standards Committee;

(c) National Automation Merchandizing Association;

(d) International Association of Milk and Food Sanitarian's "3-A Sanitary Standards"; or

(e) Another applicable published standard acceptable to the approving authority;

(2) When design standards conflict with State laws, codes, or regulations, the State laws, codes, or regulations are followed;

(3) Equipment and utensils are designed, constructed, and maintained to:

(a) Accomplish the intended and required functions;

(b) Protect food from internal and external contamination;

(c) Be durable under normal conditions and operations;

(d) Be resistant to:

(i) Denting;

(ii) Buckling;

(iii) Pitting;

(iv) Chipping;

(v) Crazing; and

(vi) Excessive wear;

(e) Have non-food contact surfaces where exposed to splash, food debris, or other soils that are:

(i) Smooth;

(ii) Washable; and

(iii) Readily accessible;

(f) Withstand repeated scrubbing, scouring, corrosive action of food, cleansers, and sanitizing agents; and

(g) Prevent harboring of soils, bacteria, or pests:

(i) In or on the equipment; and

(ii) Between the equipment and other equipment, floors, walls, or supports;

(4) Materials used as food contact surfaces of equipment are:

(a) Nontoxic;

(b) Unable to contaminate or be absorbed by food under the conditions of use;

(c) Non-porous and nonabsorbent; and

(d) Except for the use of cast iron as a food contact material if the surface is to be heated, corrosion resistant;

(5) Food contact surfaces of equipment and utensils are designed, constructed, and maintained to be:

(a) Smooth;

(b) Easily cleanable;

(c) In good repair;

(d) Free of difficult to clean internal corners and crevices;

(e) Self-emptying or self-draining if an interior surface;

(f) Visible or readily disassembled for inspection; and

(g) Readily:

(i) Accessible for manual cleaning without tools; or

(ii) Disassembled with the use of simple tools kept available near the equipment;

(6) Existing refrigeration equipment used to maintain potentially hazardous foods that is incapable of maintaining the potentially hazardous food at 41F or less is upgraded or replaced by December 17, 2012;

(7) Equipment designed for pressurized cleaning-in-place is designed, constructed, and maintained to:

(a) Fully circulate cleaning and sanitizing solutions through a fixed system in which the solutions will contact all interior food contact surfaces;

(b) Self-drain or otherwise completely evacuate all cleaning solutions; and

(c) Effectively clean and sanitize all food contact surfaces without disassembly;

(8) Cutting blocks, bakers tables, and similar wood food contact surfaces are made from:

(a) Hard maple; or

(b) Another material that is:

(i) Nontoxic;

(ii) Smooth; and

(iii) Free of cracks, crevices, and open seams;

(9) Lubricants used on bearings and gears of equipment are food-grade;

(10) Except for equipment that is portable, equipment that is placed on tables or counters is:

(a) Sealed in place;

(b) Mounted on legs or feet at least 4 inches high; or

(c) Installed to allow cleaning of the equipment and adjacent areas;

(11) Floor-mounted equipment is:

(a) Elevated:

(i) At least 6 inches above the floor; and

(ii) So that food contact surfaces are at least 18 inches above the floor; and

(b) Placed so that there is sufficient space for cleaning between:

(i) Adjoining units; and

(ii) A unit and the adjacent walls;

(12) The spaces between adjoining equipment are closed and sealed if exposed to seepage;

(13) Aisles or working spaces between equipment and between equipment and walls are:

(a) Unobstructed and of sufficient width to permit employees to perform duties without contaminating food or food-contact surfaces by clothing or personal contact; and

(b) In a new facility or a facility that is remodeled, a minimum width of:

(i) 3 feet where food preparation occurs on only one side of the aisle;

(ii) 4 feet where food preparation occurs on both sides of the aisle and employees work back to back;

(iii) 5 feet where food preparation occurs on both sides of the aisle, employees work back to back, and other employees must pass through the area; or

(iv) Another width approved by the approving authority based on a review that indicates compliance with §A(13)(a) of this regulation;

(14) Equipment is installed and located to limit the potential for cross-contamination of food;

(15) When an existing piece of equipment ceases to operate:

(a) Equipment intended for temporary use is:

(i) Acceptable to the approving authority; and

(ii) Complies with §A(3)—(9) of this regulation;

(b) Equipment is replaced:

(i) With equipment that meets the requirements of this regulation; and

(ii) Within 30 working days from the date the permanent replacement plan required in §A(15)(c) of this regulation is accepted by the approving authority; and

(c) The approving authority is provided plans for permanent replacement of the failed unit within 10 working days after the failure of the unit; and

(16) A vending machine containing potentially hazardous foods has an automatic control that prevents the machine from vending food:

(a) If there is a power failure, mechanical failure, or other condition resulting in an internal machine temperature that cannot maintain food temperatures as specified in Regulation .06B(7) of this chapter; and

(b) Until serviced and working properly.

B. The approving authority may allow the use of equipment that meets §A(3)— (11) of this regulation but fails to comply with §A(1) of this regulation if a review indicates the equipment and its use are:

(1) Not harmful to public health; and

(2) Consistent with industry standards and practice.