Chapter 3717-1 State of Ohio Uniform Food Safety Code

(A) “The State of Ohio Uniform Food Safety Code.” Chapter 3717-1 of the Administrative Code shall also be known as “The State of Ohio Uniform Food Safety Code.”

(B) Definitions. For the purposes of Chapter 3717-1 of the Administrative Code:

(1) Additive.

(a) “Color additive” has the meaning stated in the Federal Food, Drug, and Cosmetic Act, section 201(t) and 21 C.F.R. 70.

(b) “Food additive” has the meaning stated in the Federal Food, Drug, and Cosmetic Act, section 201(s) and 21 C.F.R. 170.

(2) “Adulterated” has the meaning stated in section 3715.59 of the Revised Code.

(3) “Approved” means acceptable to the appropriate regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.

(4) “Approved source” means a food is from:

(a) A processor that is inspected by a federal food safety regulatory agency or equivalent, the Ohio department of agriculture under Chapter 3715., 911., 913., 915., 917., 918. whether mandatory or voluntary, or 925. of the Revised Code, or other recognized food regulatory agency of another state responsible for food safety; or

(b) A cottage food production operation as defined in division (A) of section 3715.01 of the Revised Code, or an exempt processor of maple syrup, honey, or sorghum as specified in division (A) of section 3715.021 of the Revised Code; and that is in compliance with the provisions of Chapter 3715. of the Revised Code and any applicable rules adopted thereunder; or

(c) A food service operation or retail food establishment as defined and licensed in accordance with Chapter 3717. of the Revised Code provided the processing is not subject to regulation as stated in paragraphs (B)(4)(a) and (B)(4)(b) of this rule.

(d) The term “approved source” is not applicable to fresh unprocessed fruits and vegetables with the exception of mushrooms.

(5) “aw” means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature.

(6) “Beverage” means a liquid for drinking, including water.

(7) “Board of health” means the board of health of any city or general health district, or the authority having the duties of a board of health as authorized by section 3709.05 of the Revised Code.

(8) “Bottled drinking water” means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.

(9) “Bulk water machine” means a self-service device used for the filling of containers with water. The device includes a water treatment process, does not require replenishing after each use, and does not require prior payment by the user for activation of the machine.

(10) “Casing” means a tubular container for sausage products made of either natural or artificial (synthetic) material.

(11) “Certification number” means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the national shellfish sanitation program.

(12) “C.I.P.” means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine. “C.I.P.” does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a C.I.P. system.

(13) “C.F.R.” means Code of Federal Regulations. Citations in this chapter to the C.F.R. refer sequentially to the title, part, and section numbers, such as 21 C.F.R. 178.1010 refers to Title 21, Part 178, Section 1010.

(14) “Code of Federal Regulations” means the compilation of the general and permanent rules published in the federal register by the executive departments and agencies of the federal government which:

(a) Is published annually by the U.S. government printing office; and

(b) Contains F.D.A. rules in 21 C.F.R., U.S.D.A. rules in 7 C.F.R. and 9 C.F.R., E.P.A. rules in 40 C.F.R., and wildlife and fisheries rules in 50 C.F.R.

(15) “Commingle” means:

(a) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label, or

(b) To combine shucked shellfish from containers with different container codes or different shucking dates.

(16) “Comminuted” :

(a) Means reduced in size by methods including chopping, flaking, grinding, or mincing; and

(b) Includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of two or more types of meat that have been reduced in size and combined, such as sausages made from two or more meats.

(17) “Confirmed disease outbreak” means a foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness.

(18) “Consumer” means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food service operation, retail food establishment or food processing plant, and does not offer the food for resale.

(19) “Corrosion-resistant material” means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.

(20) “Cottage food production operation” means a person who, in the person’s home, produces food items that are not potentially hazardous foods, including bakery products, jams, jellies, candy, fruit butter, and similar products specified in rules adopted pursuant to section 3715.025 of the Revised Code.

(21) “Disclosure” means a written statement that clearly identifies the animalderived foods which are, or can be ordered, raw, undercooked or without otherwise being processed to eliminate pathogens in their entirety, or items that contain an ingredient that is raw, undercooked, or without otherwise being processed to eliminate pathogens.

(22) “Drinking water” means water that meets 40 C.F.R. 141 (national primary drinking water regulations). “Drinking water” is traditionally known as “potable water.” “Drinking water” includes the term “water” except where the term used connotes that the water is not potable, such as “boiler water,” “mop water,” “rainwater,” “wastewater,” and “nondrinking” water.

(23) “Dry storage area” means a room or area designated for the storage of packaged or containerized bulk food that is not potentially hazardous and dry goods such as single-service items.

(24) “Easily cleanable” :

(a) Means a characteristic of a surface that:

(i) Allows effective removal of soil by normal cleaning methods;

(ii) Is dependent on the material, design, construction, and installation of the surface; and

(iii) Varies with the likelihood of the surface’s role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface’s approved placement, purpose, and use.

(b) Includes a tiered application of the criteria that qualify the surface as easily cleanable as specified under paragraph (B) (24)(a) of this rule to different situations in which varying degrees of cleanability are required such as:

(i) The appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining; or

(ii) The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.

(25) “Easily movable” means:

(a) Portable, weighing thirty pounds (fourteen kilograms) or less; mounted on casters, gliders, or rollers; or provided with a mechanical means requiring no more than thirty pounds (fourteen kilograms) to safely tilt a unit of equipment for cleaning; and

(b) Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.

(26) “Egg” means the shell egg of the domesticated chicken, turkey, duck, goose, or guinea.

(27) “Employee” means the license holder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food service operation or retail food establishment.

(28) “E.P.A.” means the U.S. environmental protection agency.

(29) “Equipment” means an article that is used in the operation of a food service operation or retail food establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, bulk water machine, or warewashing machine. “Equipment” does not include items used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, or skids.

(30) “Exclude” means to prevent a person from working as a food employee or entering a food service operation or retail food establishment except for those areas open to the general public.

(31) “F.D.A.” means the U.S. food and drug administration.

(32) “Fish” :

(a) Means fresh or saltwater finfish, crustaceans and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, if such animal life is intended for human consumption.

(b) Includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.

(33) “Food” means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

(34) “Foodborne disease outbreak” means:

(a) Two or more cases of a similar illness resulting from the ingestion of a common food and epidemiological analysis implicates the food as the source of the illness; or

(b) A single case of illness if the person is ill with botulism or chemical poisoning.

(35) “Food-contact surface” means:

(a) A surface of equipment or a utensil with which food normally comes into contact; or

(b) A surface of equipment or a utensil from which food may drain, drip, or splash:

(i) Into a food; or

(ii) Onto a surface normally in contact with food.

(36) “Food employee” means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

(37) “Food processing plant” :means a commercial business or that portion of a business that manufactures, packages, labels, or stores food for human consumption, and is under regulation of the federal government or the Ohio department of agriculture under Chapter 3715., 911., 913., 915., 917., 918., or 925. of the Revised Code.

(38) “Food service operation” :

(a) Means a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. As used in this definition, “served” means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and “prepared” means any action that affects a food other than receiving or maintaining it at the temperature at which it was received;

(b) Includes a catering food service operation, a food delivery sales operation, a mobile food service operation, temporary food service operation, seasonal food service operation, and a vending machine location; and

(c) Does not include those operations exempted in section 3717.42 of the Revised Code.

(39) “Food service operation sales volume” means the annual sales, minus sales tax, for individual portions of food that are prepared or served by the operation for on premise consumption or individual portions of food served for carry-out or delivery and that are edible without further washing, cooking, or additional preparation.

(40) “Game animal” :

(a) Means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule or other equine in 9 C.F.R. part 301 – definitions, as poultry in 9 C.F.R. part 381 – poultry products inspection regulations, or as fish as defined under paragraph (B)(32) of this rule.

(b) Includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.

(41) “General use pesticide” means a pesticide that is not classified by E.P.A. for restricted use as specified in 40 C.F.R. 152.175.

(42) “Grade A standards” means the requirements of the United States public health service/F.D.A. “Grade A Pasteurized Milk Ordinance” and “Grade A Condensed and Dry Milk Ordinance” with which certain fluid and dry milk and milk products comply.

(43) “H.A.C.C.P. plan” means a written document that delineates the formal procedures for following the hazard analysis and critical control point principles developed by the national advisory committee on microbiological criteria for foods.

(44) “Hazard” means a biological, chemical, or physical property that may cause an unacceptable consumer health risk.

(45) “Hermetically sealed container” means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.

(46) “Highly susceptible population” means persons who are more likely than other people in the general population to experience foodborne disease because they are :

(a) Immunocompromised; preschool age children, or older adults; and

(b) Obtaining food at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center.

(47) “Injected” means manipulating a meat so that infectious or toxigenic microorganisms may be introduced from its surface to its interior through tenderizing with deep penetration or injecting the meat such as by processes which may be referred to as “injecting,” “pinning,” or “stitch pumping.”

(48) “Juice”, when used in the context of food safety, means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or puree. Juice includes juice as a whole beverage, an ingredient of a beverage and a puree as an ingredient of a beverage.

(49) “Kitchenware” means food preparation or storage utensils.

(50) “Lavatory” means a basin or bowl for handwashing.

(51) “Law” means applicable local, state, and federal statutes, regulations, and ordinances.

(52) “License” means the document issued by the licensor that authorizes a person to operate a food service operation or retail food establishment.

(53) “License holder” means the entity that:

(a) Is legally responsible for the operation of the food service operation or retail food establishment such as the owner, the owner’s agent, or other person; and

(b) Possesses a valid license to operate a food service operation or retail food establishment.

(54) “Licensor” means one of the following:

(a) A board of health or the authority having the duties of a board of health approved under section 3717.11 of the Revised Code;

(b) The director of agriculture acting under section 3717.11 or 3717.111 of the Revised Code with respect to licensing retail food establishments; or

(c) The director of health acting under section 3717.11 or 3717.111 of the Revised Code with respect to licensing food service operations.

(55) “Linens” means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.

(56) “Meat” means the flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish and poultry.

(57) “Mg/L” means milligrams per liter, which is the metric equivalent of parts per million (ppm).

(58) “Mobile food service operation” means a food service operation that is operated from a movable vehicle, portable structure, or watercraft and that routinely changes location, except that if the operation remains at any one location for more than forty consecutive days, the operation is no longer a mobile food service operation “Mobile food service operation” includes a food service operation that does not remain at any one location for more than forty consecutive days and serves, in a manner consistent with division (F) of section 3717.01 of the Revised Code.

(59) “Mobile retail food establishment” means a retail food establishment that is operated from a movable vehicle or other portable structure, and that routinely changes location, except that if the establishment operates from any one location for more than forty consecutive days, the establishment is no longer a mobile retail food establishment.

(60) “Molluscan shellfish” means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.

(61) “Packaged” :

(a) Means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food service operation, retail food establishment or a food processing plant; and

(b) Does not include a wrapper, carry-out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.

(62) “Person” means an association, corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.

(63) “Person in charge” means the individual present at a food service operation or retail food establishment who is responsible for the operation at the time of inspection.

(64) “Personal care items” means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person’s health, hygiene, or appearance. Personal care items include items such as medicines; first aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash.

(65) “pH” is the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between zero and seven indicate acidity and values between seven and fourteen indicate alkalinity. The value for pure distilled water is seven, which is considered neutral.

(66) “Physical facilities” means the structure and interior surfaces of a food service operation or retail food establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.

(67) “Plumbing fixture” means a receptacle or device that:

(a) Is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or

(b) Discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.

(68) “Plumbing system” means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water-treating equipment.

(69) “Poisonous or toxic materials” means substances that are not intended for ingestion and are included in four categories:

(a) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;

(b) Pesticides, except sanitizers, which include substances such as insecticides and rodenticides;

(c) Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items that may be deleterious to health; or

(d) Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.

(70) “Potentially hazardous food” :

(a) Means a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting:

(i) The rapid and progressive growth of infectious or toxigenic microorganisms;

(ii) The growth and toxin production of Clostridium botulinum; or

(iii) In raw shell eggs, the growth of Salmonella Enteritidis.

(b) Includes a food of animal origin that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth as specified under paragraph (B) (70)(a) of this rule.

(c) Does not include:

(i) An air-cooled hard-boiled egg with shell intact, or a shell egg that is not hard-boiled, but has been treated to destroy all viable Salmonellae;

(ii) A food with an aw value of 0.85 or less;

(iii) A food with a pH level of 4.6 or below when measured at seventyfive degrees Fahrenheit (twenty-four degrees Celsius);

(iv) A food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution;

(v) A food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of Salmonella Enteritidis in eggs or Clostridium botulinum can not occur, such as a food that has an aw and a pH that are above the levels specified under paragraphs (B)(70)(c)(ii) and (B) (70)(c)(iii) of this rule and that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms; or

(vi) A food that does not support the growth of microorganisms as specified under paragraph (B)(70)(a) of this rule even though the food may contain an infectious or toxigenic microorganism or chemical or physical contaminant at a level sufficient to cause illness.

(71) “Poultry” :

(a) Means any domesticated bird (chickens, turkeys, ducks, geese, ratites, or guineas), whether live or dead, as defined in 9 C.F.R. 381 poultry products inspection regulations;

(b) Means any migratory waterfowl, game bird, such as pheasant, partridge, quail, grouse, guinea, pigeon or squab, whether live or dead, as defined in 9 C.F.R. 362 (voluntary poultry inspection regulations.

(72) “Premises” means:

(a) The physical facility, its contents, and the contiguous land or property under the control of the license holder; or

(b) The physical facility, its contents, and the land or property not described under paragraph (B) (72)(a) of this rule if its facilities and contents are under the control of the license holder and may impact food service operation or retail food establishment personnel, facilities, or operations, and a food service operation or retail food establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

(73) “Primal cut” means a basic major cut into which carcasses and sides of meat are separated, such as a beef round, pork loin, lamb flank, or veal breast.

(74) “Public water system” has the meaning stated in paragraph (AAA) of rule 3745-81-01 of the Administrative Code.

(75) “Ready-to-eat food” :

(a) Means food that:

(i) Is in a form that is edible without additional preparation to achieve food safety, as specified under paragraphs (A)(1)(a) to (A)(1)(d) and (A)(2) or (B) or (D) of rule 3717-1-03.3 of the Administrative Code; or

(ii) Is a raw or partially cooked animal food and the consumer is advised as specified under paragraphs (A)(1)(e)(i) and (A)(1)(e)(ii) of rule 3717-1-03.3 of the Administrative Code; or

(iii) Is prepared in accordance with a variance that is granted as specified under paragraphs (A)(1)(e)(i) and (A)(1)(e)(iii) of rule 3717-1-03.3 of the Administrative Code; and

(iv) May receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes.

(b) Includes:

(i) Raw animal food that is cooked as specified under paragraph (A) or

(B) or frozen as specified under paragraph (D) of rule 3717-1-03.3 of the Administrative Code;

(ii) Raw, fruits and vegetables that are washed as specified under paragraph (G) of rule 3717-1-03.2 of the Administrative Code;

(iii) Fruits and vegetables that are cooked for hot holding, as specified under paragraph (C) of rule 3717-1-03.3 of the Administrative Code:

(iv) All potentially hazardous food that is cooked to the temperature and time required for the specific food under paragraphs (A) – (C) of rule 3717-1-03.3 of the Administrative Code and cooled as specified in paragraph (D) of rule 3717-1-03.4 of the Administrative Code;

(v) Plant food for which further washing, cooking, or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present are removed;

(vi) Substances derived from plants such as spices, seasonings, and sugar;

(vii) A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not required for food safety;

(viii) The following products that are produced in accordance with U.S.D.A. guidelines and that have received a lethality treatment for pathogens: dry fermented sausages, such as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto ham, country cured ham, and Parma ham; and dried meat and poultry products, such as jerky or beef sticks; and

(ix) Foods manufactured according to 21 C.F.R. Part 113, thermally processed low-acid foods packaged in hermetically sealed containers.

(76) “Reduced oxygen packaging” :

(a) Means the reduction of the amount of oxygen in a package by removing oxygen; displacing oxygen and replacing it with another gas or combination of gases; or otherwise controlling the oxygen content to a level below that normally found in the surrounding atmosphere, which is twenty-one per cent oxygen, and

(b) Is a process as specified in paragraph (B)(76)(a) of this rule that involves a food for which Clostridium botulinum is identified as a microbiological hazard in the final packaged form.

(c) Includes:

(i) Vacuum packaging, in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package, such as sous vide;

(ii) Modified atmosphere packaging, in which the atmosphere of a package of food is modified so that its composition is different from air but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes: reduction in the proportion of oxygen, total replacement of oxygen, or an increase in the proportion of other gases such as carbon dioxide or nitrogen; and

(iii) Controlled atmosphere packaging, in which the atmosphere of a package of food is modified so that until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained, such as by using oxygen scavengers or a combination of total replacement of oxygen, nonrespiring food, and impermeable packaging material.

(77) “Refuse” means solid waste not carried by water through the sewage system.

(78) “Regulatory authority” means the local, state, or federal enforcement body or authorized representative having jurisdiction over the process or facility.

(79) “Reminder” means a written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens.

(80) “Restrict” means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils, linens; and unwrapped single-service or single-use articles.

(81) “Restricted egg” means any check, dirty egg, incubator reject, inedible, leaker, or loss as defined in 7 CFR 57.

(82) “Restricted use pesticide” means a pesticide product that contains the active ingredients specified in 40 C.F.R. 152.175 pesticides classified for restricted use, and that is limited to use by or under the direct supervision of a certified applicator.

(83) “Retail food establishment” means a premises or part of a premises where food is stored, processed, prepared, manufactured, or otherwise held or handled for retail sale. Except when expressly provided otherwise, retail food establishment includes a mobile retail food establishment, seasonal retail food establishment and temporary retail food establishment. It does not include those operations exempted in section 3717.22 of the Revised Code. As used in this definition:

(a) “Retail” means the sale of food to a person who is the ultimate consumer of the food.

(b) “Prepared” means any action that affects a food, including receiving and maintaining it at the temperature at which it was received.

(84) “Retail food establishment sales volume” means the annual sales, minus sales tax, for food, that is sold in bulk or multiple portions by the establishment for off premise consumption that may require further washing, cooking, or additional preparation; or in individual portions that are not consumed on the premise and that either require further washing, cooking or additional preparation before consumption or are ingredient labeled for self service.

(85) “Risk” means the likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.

(86) “Safe material” means:

(a) An article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food;

(b) An additive that is used as specified in section 409 or 706 of the Federal Food, Drug, and Cosmetic Act; or

(c) Other materials that are not additives and that are used in conformity with applicable regulations of the food and drug administration.

(87) “Sanitization” means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of five logs, which is equal to a 99.999 per cent reduction, of representative disease microorganisms of public health importance.

(88) “Sealed” means free of cracks or other openings that allow the entry or passage of moisture.

(89) “Seasonal food service operation” means a food service operation, other than a mobile food service operation, that is operated for not more than six months in a licensing period.

(90) “Seasonal retail food establishment” means a retail food establishment, other than a mobile retail food establishment that is operated for not more than six months in a licensing period.

(91) “Service animal” means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.

(92) “Servicing area” means an operating base location to which a mobile food service operation, mobile retail food establishment or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.

(93) “Sewage” means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

(94) “Shellfish control authority” means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce.

(95) “Shellstock” means raw, in-shell molluscan shellfish.

(96) “Shiga toxin-producing Escherichia coli” means any E. coli capable of producing Shiga toxins (also called verocytotoxins or “Shiga-like” toxins). This includes, but is not limited to, E. coli reported as serotype O157:H7, O157:NM, and O157:H-.

(97) “Shucked shellfish” means molluscan shellfish that have one or both shells removed.

(98) “Single-service articles” means tableware, carry-out utensils, or other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use after which they are intended for discard.

(99) “Single-use articles” :

(a) Means utensils and bulk food containers designed and constructed to be used once and discarded; and

(b) Includes, but are not limited to, items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number ten cans which do not meet the materials, durability, strength, and cleanability specifications under paragraph (A) of rule 3717-1-04 of the Administrative Code, and paragraphs (A) and (C) of rule 3717-1-04.1 of the Administrative Code for multiuse utensils.

(100) “Slacking” means the process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of minus ten degrees Fahrenheit (minus twenty-three degrees Celsius) to twenty-five degrees Fahrenheit (minus four degrees Celsius) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food such as spinach.

(101) “Smooth” means:

(a) A food-contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of (one hundred grit) number three stainless steel;

(b) A nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; or

(c) A floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean.

(102) “Table-mounted equipment” means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.

(103) “Tableware” means eating, drinking, or serving utensils for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and plates.

(104) “Temperature measuring device” means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.

(105) “Temporary food service operation” means a food service operation that is operated at an event for no more than five consecutive days, except when operated for more than five consecutive days under division (E)(2) of section 3717.43 of the Revised Code.

(106) “Temporary retail food establishment” means a retail food establishment that is operated at an event for not more than five consecutive days, except when operated for more than five consecutive days pursuant to division (E)(2) of section 3717.23 of the Revised Code.

(107) “U.S.D.A.” means the U.S. department of agriculture.

(108) “Utensil” means a food-contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or singleuse; gloves used in contact with food; temperature sensing probes of food temperature measuring devices; and probe-type price or identification tags used in contact with food.

(109) “Variance” means a written document issued by the regulatory authority that authorizes a modification or waiver of one or more requirements of this chapter if, in the opinion of the regulatory authority, a health hazard or nuisance will not result from the modification or waiver.

(110) “Vending machine” means a self-service device that automatically dispenses on the insertion of currency, tokens, or similar means a predetermined unit serving of food, either in bulk or in package, without having to be replenished after each use.

(111) “Vending machine location” means an area or room where one or more vending machines are installed and operated, except that if the machines within an area are separated by more than one hundred fifty feet, each area separated by that distance constitutes a separate vending machine location.

(112) “Warewashing” means the cleaning and sanitizing of utensils or foodcontact surfaces of equipment.

(113) “Whole-muscle, intact beef” means whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut.

HISTORY: Eff 12/10/2000; 03/01/2005

R.C. 119.032 review dates: 07/26/2004 and 03/01/2010

Promulgated Under: 119.03

Statutory Authority: 3717.05

Rule Amplifies: 3717.05

(A) When the activities of a retail food establishment and a food service operation are carried on within the same facility by the same person or government entity, the licensor shall determine whether the person or government entity must be licensed as a retail food establishment or food service operation according to the primary business of the person or government entity.

(B) The licensor shall consult with the person or government entity to obtain the necessary information about whether:

(1) The facility’s food service operation sales volume is greater than its retail food establishment sales volume, in which case its primary business is a food service operation, or

(2) The facility’s retail food establishment sales volume is greater than its food service operation sales volume, in which case its primary business is a retail food establishment.

When sales volume information does not exist, the licensor shall determine the primary business in consultation with the person or government entity based on the anticipated sales volume.

(C) If the licensors of a food service operation and a retail food establishment are not the same, the licensors shall jointly determine the primary business in consultation with the person or government entity.

R.C. 119.032 review dates: 02/06/2006 and 03/01/2010

Promulgated Under: 119.03

Statutory Authority: 3717.05, 3717.24, 3717.44

Rule Amplifies: 3717.24, 3717.44

Prior Effective Dates: 12/10/2000

(A) Disease or medical condition – responsibility of the person in charge to require reporting by food employees and applicants. The license holder shall require food employee applicants to whom a conditional offer of employment is made and food employees to report to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food. A food employee or applicant shall report the information in a manner that allows the person in charge to prevent the likelihood of foodborne disease transmission, including the date of onset of jaundice or of an illness specified under paragraph (A)(3) of this rule, if the food employee or applicant:

(1) Is diagnosed with an illness due to:

(a) Salmonella spp.,

(b) Shigella spp.,

(c) Shiga toxin-producing Escherichia coli,

(d) Hepatitis A virus’

(e) Entamoeba histolytica,

(f) Campylobacter spp.,

(g) Vibrio cholerae,

(h) Cryptosporidium,

(i) Cyclospora,

(j) Giardia, or

(k) Yersinia;

(2) Has a symptom caused by illness, infection, or other source that is:

(a) Associated with an acute gastrointestinal illness such as:

(i) Diarrhea,

(ii) Fever,

(iii) Vomiting,

(iv) Jaundice, or

(v) Sore throat with fever; or

(b) A lesion containing pus such as a boil or infected wound that is open or draining and is:

(i) On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a single-use glove is worn over the impermeable cover,

(ii) On exposed portions of the arms, unless the lesion is protected by an impermeable cover, or

(iii) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage;

(3) Had a past illness from:

(a) S. Typhi within the past three months,

(b) Shigella spp. within the past month,

(c) Shiga toxin-producing Escherichia coli, within the past month; or

(d) Hepatitis A virus;

(4) Meets one or more of the following high risk conditions:

(a) Is suspected of causing, or being exposed to, a confirmed disease outbreak caused by S. Typhi, Shigella spp., Shiga toxin-producing Escherichia coli, or hepatitis A virus including an outbreak at an event such as a family meal, church supper, or festival because the food employee or applicant:

(i) Prepared food implicated in the outbreak,

(ii) Consumed food implicated in the outbreak, or

(iii) Consumed food at the event prepared by a person who is infected or ill with the infectious agent that caused the outbreak or who is suspected of being a shedder of the infectious agent,

(b) Lives in the same household as, and has knowledge about, a person who is diagnosed with a disease caused by S. Typhi, Shigella spp., Shiga toxin-producing Escherichia coli, or hepatitis A virus, or

(c) Lives in the same household as, and has knowledge about, a person who attends or works in a setting where there is a confirmed disease outbreak caused by S. Typhi, Shigella spp., Shiga toxin-producing Escherichia coli, or hepatitis A virus.

(B) Disease or medical condition – exclusions and restrictions. The person in charge shall:

(1) Exclude a food employee from a food service operation or retail food establishment if the food employee is diagnosed with an infectious agent specified under paragraph (A)(1) of this rule;

(2) Except as specified under paragraph (B)(3), (B)(4), or (B)(5) of this rule, restrict a food employee from working with exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles, in a food service operation or retail food establishment if the food employee is:

(a) Suffering from a symptom specified under paragraph (A)(2) (a)(i), (A)(2)(a)(ii), (A)(2)(a)(iii) or (A)(2)(a)(v) or (B)(2)(b) of this rule, or

(b) Not experiencing a symptom of acute gastroenteritis specified under paragraph (A)(2)(a) of this rule but has a stool that yields a specimen culture that is positive for Salmonella Typhi, Shigella spp., or Shiga toxin-producing Escherichia coli;

(3) If the population served is a highly susceptible population, exclude a food employee who:

(a) Is experiencing a symptom of acute gastrointestinal illness specified under paragraph (A)(2)(a) of this rule and meets a high-risk condition specified under paragraph (A)(4) of this rule,

(b) Is not experiencing a symptom of acute gastroenteritis specified under paragraph (A)(2)(a) of this rule but has a stool that yields a specimen culture that is positive for S. Typhi, Shigella spp., or Shiga toxinproducing Escherichia coli,

(c) Had a past illness from S. Typhi within the last three months, or

(d) Had a past illness from Shigella spp. or Shiga toxin-producing Escherichia coli within the last month; and

(4) For a food employee who is jaundiced:

(a) If the onset of jaundice occurred within the last seven calendar days, exclude the food employee from the food service operation or retail food establishment, or

(b) If the onset of jaundice occurred more than seven calendar days before:

(i) Exclude the food employee from a food service operation or retail food establishment that serves a highly susceptible population, or

(ii) Restrict the food employee from activities specified under paragraph (B)(2) of this rule, if the food service operation or retail food establishment does not serve a highly susceptible population.

(5) Upon notification that a food employee has been diagnosed with an illness transmissible through food, comply with the following isolation requirements:

(a) A food employee with salmonellosis shall be excluded from work and may only return if his or her diarrhea has ceased and after two consecutive follow-up stool specimens are negative for Salmonella spp.;

(b) A food employee with typhoid fever shall be excluded from work and may only return after he or she is asymptomatic and after three consecutive follow-up stool specimens are negative for Salmonella Typhi.

(c) A food employee with shigellosis shall be excluded from work and may only return if his or her diarrhea has ceased and after two consecutive follow-up stool specimens are negative for Shigella.

(d) A food employee with Shiga toxin-producing Escherichia coli or hemolytic uremic syndrome (HUS) shall be excluded from work and may only return if his or her diarrhea has ceased and after two consecutive follow-up stool specimens are negative for Shiga toxin-producing Escherichia coli.

(e) A food employee symptomatic with hepatitis A shall be excluded from work until ten days after initial onset of symptoms.

(f) A food employee with amebiasis shall be excluded from work and may return only after the diarrhea has ceased and he or she has had three follow-up stool specimens with results negative for Entamoeba histolytica.

(g) A food employee with campylobacteriosis shall be excluded from work and may return only after his or her diarrhea has ceased and one of the following:

(i) Has had at least forty-eight hours of effective antimicrobial therapy; or

(ii) Has had two consecutive follow-up stool specimens that are negative for Campylobacter spp.

(h) A food employee with cholera shall be excluded from work and may return only after his or her diarrhea has ceased and the food employee has had two consecutive follow-up stool specimens that are negative for Vibrio cholerae.

(i) A food employee with cryptosporidiosis shall be excluded from work and may return only after his or her diarrhea has ceased and after three consecutive follow-up stool specimens are negative for Cryptosporidium.

(j) A food employee with cyclosporiasis shall be excluded from work and only may return when his or her diarrhea has ceased and effective antimicrobial therapy has begun.

(k) A food employee with giardiasis shall be excluded from work and may only return if his or her diarrhea has ceased and he or she has had one of the following:

(i) Seventy-two hours of effective antimicrobial therapy; or

(ii) Three consecutive follow-up stool specimens which are negative for Giardia.

(l) A food employee with yersiniosis shall be excluded from work and may return only after his or her diarrhea has ceased and after two consecutive follow-up stool specimens are negative for Yersinia.

(C) Removal of exclusions and restrictions.

(1) The person in charge may remove an exclusion specified under paragraph (B)(1) of this rule if:

(a) The person in charge obtains approval from the licensor; and

(b) The person excluded as specified under paragraph (B)(1) of this rule provides to the person in charge written medical documentation from a physician licensed to practice medicine or, if allowed by law, a nurse practitioner or physician assistant, that specifies that the excluded person may work in an unrestricted capacity in a food service operation or retail food establishment, including a food service operation or retail food establishment that serves a highly susceptible population, because the person is free of the infectious agent of concern as specified in paragraph (B)(5) of this rule.

(2) The person in charge may remove a restriction specified under:

(a) Paragraph (B)(2)(a) of this rule if the restricted person:

(i) Is free of the symptoms specified under paragraph (A)(2)(a)(i), (A)(2)(a)(ii), (A)(2)(a)(iii) or (A)(2)(a)(v) or (B)(2) of this rule and no foodborne illness occurs that may have been caused by the restricted person,

(ii) Is suspected of causing foodborne illness but:

(a) Is free of the symptoms specified under paragraph (A)(2)(a)(i), (A)(2)(a)(ii), (A)(2)(a)(iii) or (A)(2)(a)(v) or (B)(2) of this rule, and

(b) Provides written medical documentation from a physician licensed to practice medicine or, if allowed by law, a nurse practitioner or physician assistant, stating that the restricted person is free of the infectious agent that is suspected of causing the person’s symptoms or causing foodborne illness, as specified in paragraph (B)(5) of this rule, or

(iii) Provides written medical documentation from a physician licensed to practice medicine or, if allowed by law, a nurse practitioner or physician assistant, stating that the symptoms experienced result from a chronic noninfectious condition such as Crohn’s disease, irritable bowel syndrome, or ulcerative colitis; or

(b) Paragraph (B)(2)(b) of this rule if the restricted person provides written medical documentation from a physician, licensed to practice medicine, or, if allowed by law, a nurse practitioner or physician assistant, according to the criteria specified in paragraph (B)(5) of this rule that indicates the stools are free of the infectious agent of concern.

(3) The person in charge may remove an exclusion specified under paragraph (B)(3) of this rule if the excluded person provides written medical documentation from a physician licensed to practice medicine or, if allowed by law, a nurse practitioner or physician assistant:

(a) That specifies that the person is free of the infectious agent of concern as specified in paragraph (B)(5) of this rule, or

(b) If the person is excluded under paragraph (B)(3)(a) of this rule, stating that the symptoms experienced result from a chronic noninfectious condition such as Crohn’s disease, irritable bowel syndrome, or ulcerative colitis.

(4) The person in charge may remove an exclusion specified under paragraph (B)(4)(a) and paragraph (B)(4)(b)(i) of this rule and a restriction specified under paragraph (B)(4)(b)(ii) of this rule if:

(a) No foodborne illness occurs that may have been caused by the excluded or restricted person and the person provides written medical documentation from a physician licensed to practice medicine or, if allowed by law, a nurse practitioner or physician assistant, that specifies that the person is free of hepatitis A virus as specified in paragraph (B)(5)(e) of this rule; or

(b) The excluded or restricted person is suspected of causing foodborne illness and complies with the requirements in paragraph (B)(5)(e) of this rule.

(D) Responsibility of a food employee or an applicant to report to the person in charge. A food employee or a person who applies for a job as a food employee shall:

(1) In a manner specified under paragraph (A) of this rule, report to the person in charge the information specified under paragraphs (A)(1), (A)(2), (A)(3), and (A)(4) of this rule; and

(2) Comply with exclusions and restrictions that are specified under paragraph (B) of this rule.

(E) Reporting by the person in charge. The person in charge shall notify the licensor that a food employee is diagnosed with an illness specified in paragraph (A)(1) of this rule.

HISTORY: Eff 3/1/2001; 03/01/2005

R.C. 119.032 review dates: 07/26/2004 and 03/01/2010

Promulgated Under: 119.03

Statutory Authority: 3717.05

Rule Amplifies: 3717.05

(A) Hands and arms – clean condition. Food employees shall keep their hands and exposed portions of their arms clean.

(B) Hands and arms – cleaning procedure.

(1) Food employees shall clean their hands and exposed portions of their arms (or surrogate prosthetic devices for hands or arms) for at least twenty seconds, using a cleaning compound in a lavatory that is equipped as specified under paragraph (C) of rule 3717-1-05.1 of the Administrative Code.

(2) Food employees shall use the following cleaning procedure:

(a) Vigorous friction on the surfaces of the lathered fingers, finger tips, areas between the fingers, hands and arms (or by vigorously rubbing the surrogate prosthetic devices for hands or arms) for at least ten to fifteen seconds, followed by;

(b) Thorough rinsing under clean, running warm water; and

(c) Immediately follow the cleaning procedure with thorough drying of cleaned hands and arms (or surrogate prosthetic devices) using a method as specified under paragraph (C) of rule 3717-1-06.2 of the Administrative Code.

(3) Food employees shall pay particular attention to the areas underneath the fingernails during the cleaning procedure.

(4) If approved and capable of removing the types of soils encountered in the food operations involved, an automatic handwashing facility may be used by food employees to clean their hands.

(C) Hands and arms – when to wash. Food employees shall clean their hands and exposed portions of their arms as specified under paragraph (B) of this rule immediately before engaging in food preparation including working with exposed food, clean equipment or utensils, or unwrapped single-service or single-use articles and:

(1) After touching bare human body parts other than clean hands or clean, exposed portions of arms;

(2) After using the toilet room;

(3) After caring for or handling service animals or aquatic animals as specified in paragraph (D) of rule 3717-1-02.3 of the Administrative Code;

(4) After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking except as specified in paragraph (A) of rule 3717-1-02.3 of the Administrative Code for a food employee drinking from a closed beverage container;

(5) After handling soiled equipment or utensils;

(6) During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks;

(7) When switching between working with raw food, and working with ready-toeat food;

(8) After engaging in any other activities that contaminate the hands; and

(9) Before putting on single-use or durable non-absorbent gloves for working with food.

(D) Hands and arms – where to wash. Food employees shall clean their hands in a handwashing lavatory or approved automatic handwashing facility and may not clean their hands in a sink used for food preparation or warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.

(E) Hand sanitizers.

(1) A hand sanitizer and a chemical hand sanitizing solution used as a hand dip shall:

(a) Comply with one of the following:

(i) Be an approved drug that is listed in the F.D.A. publication approved drug products with therapeutic equivalence evaluations as an approved drug based on safety and effectiveness; or

(ii) Have active antimicrobial ingredients that are listed in the F.D.A. monograph for over-the-counter health-care antiseptic drug products as an antiseptic handwash; and

(b) Consist of components that are:

(i) Listed for such use in contact with food in 21 CFR 178 – indirect food additives: adjuvants, production aids, and sanitizers; or

(ii) Exempt from regulation as food additives under 21 CFR 170.39 – threshold of regulation for substances used in food-contact articles; or

(iii) Generally recognized as safe (GRAS) for the intended use in contact with food within the meaning of the Federal Food, Drug and Cosmetic Act (FFDCA); or

(iv) Permitted for such use by an effective food contact substance notification as defined by paragraph 409(h) of the FFDCA and listed in FDA’s inventory of effective premarket notifications for food contact substances; and

(c) Be applied only to hands that are cleaned as specified under paragraph (B) of this rule.

(2) If a hand sanitizer or a chemical hand sanitizing solution used as a hand dip does not meet the criteria specified under paragraph (E)(1)(b) of this rule, use shall be:

(a) Followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves; or

(b) Limited to situations that involve no direct contact with food by the bare hands.

(3) A chemical hand sanitizing solution used as a hand dip shall be maintained clean and at a strength equivalent to at least one hundred parts per million (mg/L) chlorine.

(F) Fingernails – maintenance.

(1) Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.

(2) Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or artificial fingernails when working with exposed food.

(G) Jewelry – prohibition.

(1) Except as provided in paragraphs (G)(2) and (G)(3) of this rule, while preparing food, food employees may not wear jewelry on their arms or hands.

(2) A medical alert bracelet is permitted when a reasonable accomodation is made, such as wearing the bracelet high on the arm or secured in a manner that does not pose a risk to the food but provides emergency medical information if it is needed.

(3) A plain ring such as a wedding band may be worn.

(H) Outer clothing – clean condition. Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, or single-service or single-use articles.

HISTORY: Eff 3/1/2001; 03/01/2005

R.C. 119.032 review dates: 07/26/2004 and 03/01/2010

Promulgated Under: 119.03

Statutory Authority: 3717.05

Rule Amplifies: 3717.05

(A) Food contamination prevention – eating, drinking, or using tobacco. An employee shall eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed food; clean equipment, utensils, or linens; unwrapped single-service or single-use articles; or other items needing protection can not result. This does not prohibit a food employee from drinking from a closed beverage container if the container is handled to prevent contamination of:

(1) The employee’s hands;

(2) The container; and

(3) Exposed food; clean equipment, utensils, or linens; or unwrapped singleservice or single-use articles.

(B) Food contamination prevention – discharges from the eyes, nose, and mouth. Food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with exposed food; clean equipment, utensils, or linens; or unwrapped single-service or single-use articles.

(C) Hair restraints – effectiveness. Food employees shall wear hair restraints such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that are designed and worn to effectively keep their hair from contacting exposed food; clean equipment, utensils, or linens; or unwrapped single-service or single-use articles. This provision does not apply to food employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating exposed food; clean equipment, utensils, or linens; or unwrapped single-service or single-use articles.

(D) Animals – handling prohibition. Food employees may not care for or handle animals that may be present such as patrol dogs, service animals, or pets that are allowed as specified in paragraphs (O)(2) to (O)(5) of rule 3717-1-06.4 of the Administrative Code. If food employees wash their hands as specified under paragraphs (B) and (C)(3) of rule 3717-1-02.2 of the Administrative Code, they may handle or care for their own service animals; fish in aquariums; or molluscan shellfish or crustacea in display tanks.

HISTORY: Eff 3/1/2001; 03/01/2005

R.C. 119.032 review dates: 07/26/2004 and 03/01/2010

Promulgated Under: 119.03

Statutory Authority: 3717.05

Rule Amplifies: 3717.05

(A) Person in charge – assignment of responsibility. The license holder shall be the person responsible for the food service operation or retail food establishment. The license holder may be the person in charge or shall designate a person or persons in charge and shall ensure that a person in charge with applicable knowledge is present at the food service operation or retail food establishment during all hours of operation.

(B) Person in charge – demonstration of knowledge. Based on the risks of foodborne illness inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the licensor the applicable knowledge of foodborne disease prevention, application of the hazard analysis and critical control point principles, and the requirements of this chapter as they relate to the food service operation or retail food establishment at the time of inspection. The person in charge shall demonstrate this knowledge by compliance with this chapter, by having no critical violations during the current inspection, or by being certified in food protection as specified in rule 3701-21-25 of the Administrative Code, or by responding correctly to the inspector’s questions as they relate to the specific food operation. The areas of knowledge include:

(1) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee;

(2) Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease;

(3) Describing the symptoms associated with the diseases that are transmissible through food;

(4) Explaining the significance of the relationship between maintaining the time and temperature of potentially hazardous food and the prevention of foodborne illness;

(5) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish;

(6) Stating the required food temperatures and times for safe cooking of potentially hazardous food including meat, poultry, eggs, and fish;

(7) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of potentially hazardous food;

(8) Describing the relationship between the prevention of foodborne illness and the management and control of the following:

(a) Cross contamination,

(b) Hand contact with ready-to-eat foods,

(c) Handwashing, and

(d) Maintaining the food service operation or retail food establishment in a clean condition and in good repair;

(9) Explaining the relationship between food safety and providing equipment that is:

(a) Sufficient in number and capacity, and

(b) Properly designed, constructed, located, installed, operated, maintained, and cleaned;

(10) Explaining correct procedures for cleaning and sanitizing utensils and foodcontact surfaces of equipment;

(11) Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections;

(12) Identifying poisonous or toxic materials in the food service operation or retail food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of properly;

(13) Explaining the details of how the person in charge and food employees comply with the H.A.C.C.P. plan if a plan is required by this chapter, or an agreement between the licensor and the food service operation or retail food establishment; and

(14) Explaining the responsibilities, rights, and authorities assigned by this chapter to the:

(a) Food employee,

(b) Person in charge, and

(c) Licensor.

(C) Person in charge – duties. The person in charge shall ensure that:

(1) Food service or retail food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under paragraphs (S) and (T) of rule 3717-1-06.1 of the Administrative Code;

(2) Persons unnecessary to the food service operation or retail food establishment are not allowed in the food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped single-service and singleuse articles are protected from contamination;

(3) Employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with this chapter;

(4) Employees are effectively cleaning their hands, by routinely monitoring the employees’ handwashing;

(5) Employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees’ observations and periodically evaluating foods upon their receipt;

(6) Employees are properly cooking potentially hazardous food, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees’ routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under paragraph (K) of rule 3717-1-04.1 of the Administrative Code and paragraph (Q)(2) of rule 3717-1-04.4 of the Administrative Code;

(7) Employees are using proper methods to rapidly cool potentially hazardous foods that are not held hot or are not for consumption within four hours, through daily oversight of the employees’ routine monitoring of food temperatures during cooling;

(8) Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed as specified under paragraph (E) of rule 3717-1-03.5 of the Administrative Code that the food is not cooked sufficiently to ensure its safety;

(9) Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing;

(10) Consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets as specified under paragraph (O) of rule 3717-1-03.2 of the Administrative Code;

(11) Except when approved as specified in paragraph (A)(3) of rule 3717-1-03.2 of the Administrative Code, employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment; and

(12) Employees are properly trained in food safety as it relates to their assigned duties.

HISTORY: Eff 3/1/2001; 03/01/2005

R.C. 119.032 review dates: 07/26/2004 and 03/01/2010

Promulgated Under: 119.03

Statutory Authority: 3717.05

Rule Amplifies: 3717.05

Food shall be safe, unadulterated, and, as specified under paragraph (B) of rule 3717-1-03.5 of the Administrative Code honestly presented.

R.C. 119.032 review dates: 02/06/2006 and 03/01/2010

Promulgated Under: 119.03

Statutory Authority: 3717.05

Rule Amplifies: 3717.05

Prior Effective Dates: 3/1/2001

(A) Sources – compliance with food law.

(1) Food shall be obtained from sources that comply with law.

(2) Except for products obtained from a home bakery registered by the Ohio department of agriculture, products from cottage food production operations, and maple syrup, honey, or sorghum products produced as provided in section 3715.021 of the Revised Code, food prepared in a private home may not be used or offered for human consumption in a food service operation or retail food establishment.

(3) Packaged food shall be labeled as specified in law, including 21 C.F.R. 101 – food labeling, 9 C.F.R. 317 – labeling, marking devices, and containers, 9 C.F.R. 381 subpart N – labeling and containers, and as specified under paragraphs (N) and (O) of this rule.

(4) Fish, other than molluscan shellfish, that are intended for consumption in their raw form and allowed as specified in paragraph (A)(1)(e)(i) of rule 3717-1-03.3 of the Administrative Code may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified under paragraph (D) of rule 3717-1-03.3 of the Administrative Code; or frozen on the premises as specified under paragraph (D) of rule 3717-1-03.3 of the Administrative Code and records are retained as specified under paragraph (E) of rule 3717-1-03.3 of the Administrative Code.

(5) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in paragraph (A)(1)(d) of rule 3717-1-03.3 of the Administrative Code shall be:

(a) Obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them, to indicate that the steaks meet the definition of whole-muscle, intact beef, or

(b) Deemed acceptable by the licensor based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of whole-muscle, intact beef, and

(c) If individually cut in a food service operation or retail food establishment:

(i) Cut from whole-muscle intact beef that is labeled by a food processing plant as specified in paragraph (A)(5)(a) of this rule or identified as specified in paragraph (A)(5)(b) of this rule,

(ii) Prepared so they remain intact, and

(iii) If packaged for undercooking in a food service operation or retail food establishment, labeled as specified in paragraph (A)(5)(a) of this rule or identified as specified in paragraph (A)(5)(b) of this rule.

(6) Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption, shall be labeled to include safe handling instructions as specified in 9 C.F.R. 317.2(l) and 9 C.F.R. 381.125(b).

(7) A food service operation or retail food establishment that sells or serves horse meat as defined in section 919.01 (H) of the Revised Code shall comply with all applicable provisions of Chapter 919. of the Revised Code.

(8) Shell eggs that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in 21 CFR 101.17 (h).

(B) Food in a hermetically sealed container – source. 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.

(C) Fluid milk and milk products – source. Fluid milk and milk products shall be obtained from sources that comply with grade A standards and manufactured milk standards as specified in Chapter 917. of the Revised Code and the rules adopted thereunder.

(D) Fish – source.

(1) Fish that are received for sale or service shall be:

(a) Commercially and legally caught or harvested; or

(b) Approved for sale or service.

(2) Molluscan shellfish that are recreationally caught may not be received for sale or service.

(E) Molluscan shellfish – source.

(1) Molluscan shellfish shall be obtained from sources according to the requirements specified in the U.S. department of health and human services, public health service, food and drug administration, national shellfish sanitation program guide for the control of molluscan shellfish.

(2) Molluscan shellfish received in interstate commerce shall be from sources that are listed in the interstate certified shellfish shippers list.

(F) Wild mushrooms – source. Mushroom species picked in the wild are prohibited for sale or service in a food service operation or retail food establishment. This prohibition does not apply to:

(1) Cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the food regulatory agency that has jurisdiction over the operation; or

(2) Wild mushroom species if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

(G) Game animals.

(1) If game animals are received for sale or service they shall be:

(a) Commercially raised for food, and:

(i) Raised slaughtered, and processed under a voluntary inspection program that is conducted under Chapter 918. of the Revised Code, 9 C.F.R. 352, or an equivalent program as determined by the director of agriculture; or

(ii) Under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction.

(b) Under a voluntary inspection program administered by the U.S.D.A. for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are “inspected and approved” in accordance with 9 C.F.R. 352 – exotic animals, voluntary inspection or rabbits that are “inspected and certified” in accordance with 9 C.F.R. 354 – voluntary inspection of rabbits and edible products thereof or Chapter 918. of the Revised Code;

(2) Wild game animals shall not be received for sale or service by a food service operation or retail food establishment.

(3) A game animal may not be received for sale or service if it is a species of wildlife that is listed in 50 C.F.R. 17 – endangered and threatened wildlife and plants.

(H) Temperature – specifications for receiving.

(1) Refrigerated, potentially hazardous food shall be at a temperature of fortyone degrees Fahrenheit (five degrees Celsius) or below when received. This provision does not apply to raw shell eggs which must be received in refrigerated equipment that maintains an ambient air temperature of fortyfive degrees Fahrenheit (seven degrees Celsius) or less, milk which may be received at an internal temperature of not more than forty-five degrees Fahrenheit (seven degrees Celsius), or to any other potentially hazardous food for which another temperature is specified by law governing its distribution, such as red meat and molluscan shellfish.

(2) Potentially hazardous food that is cooked to a temperature and for a time specified under paragraphs (A), (B), and (C) of rule 3717-1-03.3 of the Administrative Code and received hot shall be at a temperature of one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) or above.

(3) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen.

(4) Upon receipt, potentially hazardous food shall be free of evidence of previous temperature abuse.

(I) Additives – specifications for receiving. Food may not contain unapproved food additives or additives that exceed amounts specified in 21 C.F.R. 170-180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 C.F.R. 181-186, substances that exceed amounts specified in 9 C.F.R. – subpart C section 424.21 (b) food ingredients and sources of radiation, or pesticide residues that exceed provisions specified in 40 C.F.R. 185 tolerances for pesticides in food.

(J) Shell eggs – specifications for receiving. Shell eggs shall be received clean and sound and may not exceed the restricted egg tolerances for U.S. consumer grade B as specified in 7 C.F.R. part 56 – regulations governing the voluntary grading of shell eggs and U.S. standards, grades, and weight classes for shell eggs, and 7 C.F.R. part 57 – regulations governing the inspection of eggs and egg products.

(K) Eggs and milk products – pasteurized.

(1) Liquid, frozen, and dry eggs and egg products shall be obtained pasteurized.

(2) Fluid and dry milk and milk products complying with grade A standards as specified in Chapter 917. of the Revised Code and the rules adopted thereunder shall be obtained pasteurized.

(3) Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in 21 C.F.R. 135 – frozen desserts.

(4) Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in the C.F.R., such as 21 C.F.R. 133 – cheeses and related cheese products, for curing certain cheese varieties.

(L) Package integrity – specifications for receiving. 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.

(M) Ice – specifications. Ice for use as a food or as a cooling medium shall be made from drinking water.

(N) Shucked shellfish – packaging and identification.

(1) Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the:

(a) Name, address, and certification number of the shucker-packer or repacker of the molluscan shellfish; and

(b) The “sell by” date for packages with a capacity of less than one-half gallon (1.87 liter) or the date shucked for packages with a capacity of one-half gallon (1.87 liter) or more.

(2) A package of raw shucked shellfish that does not bear a label or which bears a label which does not contain all the information as specified under paragraph (N)(1) of this rule shall be subject to embargo, as allowed by rules adopted pursuant to section 3715.551 of the Revised Code, or seizure and destruction in accordance with 21 C.F.R. Subpart D – specific administrative decisions regarding interstate shipments, section 1240.60(d).

(O) Shellstock identification – specification for receiving.

(1) Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships, or reships the shellstock, as specified in the national shellfish sanitation program guide for the control of molluscan shellfish, and that list:

(a) Except as specified under paragraph (O)(3) of this rule, on the harvester’s tag or label, the following information in the following order:

(i) The harvester’s identification number that is assigned by the shellfish control authority,

(ii) The date of harvesting,

(iii) The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the shellfish control authority and including the abbreviation of the name of the state or country in which the shellfish are harvested,

(iv) The type and quantity of shellfish, and

(v) The following statement in bold, capitalized type: “This tag is required to be attached until container is empty or retagged and thereafter kept on file for ninety days;” and

(b) On each dealer’s tag or label, the following information in the following order:

(i) The dealer’s name and address, and the certification number assigned by the shellfish control authority,

(ii) The original shipper’s certification number including the abbreviation of the name of the state or country in which the shellfish are harvested,

(iii) The same information as specified for a harvester’s tag under paragraphs (O)(1)(a)(ii) to (O)(1)(a)(iv) of this rule; and

(iv) The following statement in bold, capitalized type: “This tag is required to be attached until container is empty and thereafter kept on file for ninety days.” If the harvester’s tag or label is designed to accommodate each dealer’s identification as specified under paragraphs (O)(1)(b)(i) and (O)(1)(b)(ii) of this rule, individual dealer tags or labels need not be provided.

(2) A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all the information as specified under paragraph (O)(1) of this rule shall be subject to embargo, as allowed by rules adopted pursuant to section 3715.551 of the Revised Code, or seizure, and destruction in accordance with 21 C.F.R. subpart D – specific administrative decisions regarding interstate shipments, section 1240.60(d).

(3) If a place is provided on the harvester’s tag or label for a dealer’s name, address, and certification number, the dealer’s information shall be listed first.

(P) Shellstock – condition upon receipt. When received by a food service operation or retail food establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded.

(Q) Molluscan shellfish – original container. Molluscan shellfish may not be removed from the container in which they are received other than immediately before sale or preparation for service except as provided in paragraphs (Q)(1) and (Q)(2) of this rule.

(1) For display purposes, shellstock may be removed from the container in which they are received, displayed on drained ice, or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:

(a) The source of the shellstock on display is identified as specified under paragraph (O) of this rule and recorded as specified under paragraph (R) of this rule; and

(b) The shellstock are protected from contamination.

(2) Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer’s request if:

(a) The labeling information for the shellfish on display as specified under paragraph (N) of this rule is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and

(b) The shellfish are protected from contamination.

(R) Shellstock – maintaining identification.

(1) Except as specified under paragraph (R)(2)(b) of this rule, shellstock tags shall remain attached to the container in which the shellstock are received until the container is empty.

(2) The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for ninety calendar days from the date the container is emptied by:

(a) Using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date when, or dates during which, the shellstock are sold or served; and

(b) If shellstock are removed from their tagged or labeled container:

(i) Source identification shall be preserved by using a record keeping system as specified under paragraph (R)(2)(a) of this rule, and

(ii) Shellstock from one tagged or labeled containershall not be commingled with shellstock from another container before being ordered by the consumer.

(S) Pre-packaged juice shall:

(1) Be obtained from a processor with a HACCP system as specified in 21 CFR Part 120; 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.

HISTORY: Eff 3/1/2001; 03/01/2005

R.C. 119.032 review dates: 07/26/2004, 03/01/2010

Promulgated Under: 119.03

Statutory Authority: 3717.05

Rule Amplifies: 3717.05

(A) Preventing contamination from hands.

(1) Food employees shall wash their hands as specified under paragraph (B) of rule 3717-1-02.2 of the Administrative Code.

(2) Except when washing fruits and vegetables as specified under paragraph (G) of this rule or as specified in paragraph (A)(3) of this rule, food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment.

(3) Food employees not serving a highly susceptible population, may contact exposed, ready-to-eat food with their bare hands provided the retail food establishment or food service operation has received prior approval from their licensor.

(4) Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.

(B) Preventing contamination when tasting. A food employee may not use a utensil more than once to taste food that is to be sold or served.

(C) Packaged and unpackaged food – preventing contamination by separation, packaging, and segregation. Food shall be protected from cross contamination by:

(1) Separating raw animal foods during storage, preparation, holding, and display from:

(a) Raw ready-to-eat food including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as vegetables, and

(b) Cooked ready-to-eat food;

(2) Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by:

(a) Using separate equipment for each type, or

(b) Arranging each type of food in equipment so that cross contamination of one type with another is prevented, and

(c) Preparing each type of food at different times or in separate areas;

(3) Cleaning equipment and utensils as specified under paragraph (B)(1) of rule 3717-1-04.5 of the Administrative Code and sanitizing as specified under paragraph (C) of rule 3717-1-04.6 of the Administrative Code;

(4) Cleaning hermetically sealed containers of food of visible soil before opening;

(5) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;

(6) Storing damaged, spoiled, or recalled food being held in the food service operation or retail food establishment as specified under paragraph (D) of rule 3717-1-06.3 of the Administrative Code;

(7) Separating fruits and vegetables, before they are washed as specified under paragraph (G) of this rule from ready-to-eat food; and

(8) Storing the food in packages, covered containers, or wrappings. This provision does not apply to:

(a) Whole, uncut, raw fruits and vegetables and nuts in the shell, that require peeling or hulling before consumption;

(b) Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;

(c) Whole, uncut, processed meats such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks;

(d) Food being cooled as specified under paragraph (E)(2)(b) of rule 3717-1-03.4 of the Administrative Code; or

(e) Shellstock.

(D) Food storage containers – identified with common name of food. Working containers holding food or food ingredients that are removed from their original packages for use in a food service operation or retail food establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the food except that containers holding food that can be readily and unmistakably recognized such as dry pasta need not be identified.

(E) Pasteurized eggs – substitute for raw shell eggs for certain recipes. Pasteurized eggs or egg products shall be substituted for raw shell eggs in the preparation of foods such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are not:

(1) Cooked as specified under paragraph (A)(1)(a) or (A)(1)(b) of rule 3717-1-03.3 of the Administrative Code; or

(2) Included in paragraph (A)(1)(e) of rule 3717-1-03.3 of the Administrative Code.

(F) Protection from unapproved additives.

(1) Food shall be protected from contamination that may result from the addition of, as specified in paragraph (I) of rule 3717-1-03.1 of the Administrative Code:

(a) Unsafe or unapproved food or color additives; and

(b) Unsafe or unapproved levels of approved food and color additives.

(2) A food employee may not:

(a) Apply sulfiting agents to fresh fruits or vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1; or

(b) Serve or sell food specified under paragraph (F)(2)(a) of this rule that is treated with sulfiting agents before receipt by the food service operation or retail food establishment, except that grapes need not meet this provision.

(G) Washing fruits and vegetables. Raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form except:

(1) Fruits and vegetables may be washed by using chemicals as specified under paragraph (F) of rule 3717-1-07.1 of the Administrative Code; and

(2) Whole, raw fruits and vegetables that are intended for washing by the consumer before consumption need not be washed before they are sold.

(H) Ice used as exterior coolant – prohibited as ingredient. After use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment, ice may not be used as food.

(I) Storage or display of food in contact with water or ice.

(1) Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.

(2) Unpackaged food may not be stored in direct contact with undrained ice, except that:

(a) Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or water; or

(b) Raw chicken and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.

(J) Food contact with equipment and utensils. Food shall only contact the surfaces of equipment and utensils that are cleaned as specified under rule 3717-1-04.5 of the Administrative Code and sanitized as specified under rule 3717-1-04.6 of the Administrative Code.

(K) In-use utensils – between-use storage. During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:

(1) Except as specified under paragraph (K)(2) of this rule, in the food with their handles above the top of the food and the container;

(2) In food that is not potentially hazardous with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;

(3) On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified under paragraph (B) of rule 3717-1-04.5 of the Administrative Code and paragraph (B) of rule 3717-1-04.6 of the Administrative Code;

(4) In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;

(5) In a clean, protected location if the utensils, such as an ice scoops, are used only with a food that is not potentially hazardous; or

(6) In a container of water if the water is maintained at a temperature of at least one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) and the container is cleaned at a frequency specified under paragraph (B)(2)(g) of rule 3717-1-04.5 of the Administrative Code.

(L) Linens and napkins – use limitation. Linens and napkins may not be used in contact with food unless they are used in the dough raising process or to line a container for the service of foods, and the linens and napkins are maintained clean and replaced after each use.

(M) Wiping cloths – use limitation.

(1) Cloths that are in use for wiping food spills shall be used for no other purpose.

(2) Cloths used for wiping food spills shall be:

(a) Dry and used for wiping food spills from tableware and carry-out containers; or

(b) Wet and cleaned as specified under paragraph (B)(4) of rule 3717-1-04.7 of the Administrative Code, stored in a chemical sanitizer at a concentration specified in paragraph (N) of rule 3717-1-04.4 of the Administrative Code, and used for wiping spills from food-contact and nonfood-contact surfaces of equipment.

(3) Dry or wet cloths that are used with raw animal foods shall be kept separate from cloths used for other purposes, and wet cloths used with raw animal foods shall be kept in a separate sanitizing solution.

(4) Wet wiping cloths used with a freshly made sanitizing solution and dry wiping cloths shall be free of food debris and visible soil.

(5) Working containers of sanitizing solutions for storage of in-use wiping cloths may be placed above the floor and used in a manner to prevent contamination of food, equipment, utensils, linens, single-service or single use articles.

(N) Gloves – use limitation.

(1) If used, single-use gloves shall be used for only one task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation.

(2) Slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified under rule 3717-1-03.3 of the Administrative Code such as frozen food or a primal cut of meat. This does not prohibit the use of slash-resistant gloves with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface; or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.

(3) Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as required under rule 3717-1-03.3 of the Administrative Code such as frozen food or a primal cut of meat.

(O) Using clean tableware for second portions and refills.

(1) Except for refilling a consumer’s drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, food employees may not use tableware, including single-service articles, soiled by the consumer, to provide second portions or refills.

(2) Self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment; except that drinking cups and containers may be reused by selfservice consumers if refilling is a contamination-free process as specified under paragraphs (P)(1), (P)(2), and (P)(4) of rule 3717-1-04.1 of the Administrative Code.

(P) Refilling returnables.

(1) A take-home food container returned to a food service operation or retail food establishment may not be refilled at a food service operation or retail food establishment with a potentially hazardous food.

(2) A take-home food container refilled with food that is not potentially hazardous shall be cleaned as specified under paragraph (K)(1) of rule 3717-1-04.5 of the Administrative Code. This paragraph does not apply to personal take-out beverage containers, such as thermally insulated bottles, nonspill coffee cups, and promotional beverage glasses, that may be refilled by employees or the consumer if refilling is a contamination-free process as specified under paragraphs (P)(1), (P)(2), and (P)(4) of rule 3717-1-04.1 of the Administrative Code.

(Q) Food storage – preventing contamination from the premises. Except as hereinafter provided in this rule, food 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 six inches (fifteen centimeters) above the floor. Food in packages and working containers may be stored less than six inches (fifteen centimeters) above the floor on case lot handling equipment as specified under paragraph (II) of rule 3717-1-04.1 of the Administrative Code; and pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.

(R) Food storage – prohibited areas. Food 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.

(S) Vended potentially hazardous food – original container. Potentially hazardous food dispensed through a vending machine shall be in the package in which it was placed at the food service operation, retail food establishment, or food processing plant at which it was prepared.

(T) Food preparation – preventing contamination from the premises. During preparation, unpackaged food shall be protected from environmental sources of contamination.

(U) Food display – preventing contamination by consumers. 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; counter, service line, or salad bar food guards; display cases; or other effective means.

(V) Condiments – protection.

(1) Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or individual packages or portions.

(2) Condiments at a vending machine location shall be in individual packages or provided in dispensers that are filled at an approved location, such as the food service operation or retail food establishment that provides food to the vending machine location on its premises, a food processing plant, or a properly equipped facility that is located on the site of the vending machine location.

(W) Consumer self-service operations.

(1) Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish may not be offered for consumer self-service. This paragraph does not apply to:

(a) Consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish;

(b) Ready-to-cook individual portions for immediate cooking and consumption on the premises such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue; or

(c) Raw, frozen, shell-on shrimp or lobster.

(2) Consumer self-service operations for ready-to-eat foods shall be provided with suitable utensils or effective dispensing methods that protect the food from contamination.

(3) Consumer self-service operations such as buffets and salad bars shall be monitored by food employees trained in safe operating procedures.

(X) Returned food and reservice of food. After being served or 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; except a container of food that is not potentially hazardous may be transferred from one consumer to another if:

(1) The food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or

(2) The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.

(Y) Miscellaneous sources of contamination. Food shall be protected from contamination that may result from a factor or source not specified under paragraphs (A) to (X) of this rule.

HISTORY: Eff 3/1/2001; 03/01/2005

R.C. 119.032 review dates: 07/26/2004 and 03/01/2010

Promulgated Under: 119.03

Statutory Authority: 3717.05

Rule Amplifies: 3717.05

(A) Raw animal foods – cooking.

(1) Except as provided under paragraphs (A)(1)(d), (A)(1)(e), and (A)(2) of this rule, raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods, shall be cooked to heat all parts of the food to a temperature and for a time that complies with one of the following methods based on the food that is being cooked:

(a) One-hundred forty-five degrees Fahrenheit (sixty-three degrees Celsius) or above for fifteen seconds for:

(i) Raw shell eggs that are broken and prepared in response to a consumer’s order for immediate service, and

(ii) Except as specified under paragraphs (A)(1)(b), (A)(1)(c) and (A)(2) of this rule, fish, meat, and pork including game animals commercially raised for food as specified under paragraph (G)(1)(a) of rule 3717-1-03.1 of the Administrative Code and game animals under a voluntary inspection program as specified under paragraph (G)(1)(b) of rule 3717-1-03.1 of the Administrative Code;

(b) One-hundred fifty-five degrees Fahrenheit (sixty-eight degrees Celsius) for fifteen seconds or the temperature specified in the following chart that corresponds to the holding time for ratites and injected meats; the following if they are comminuted: fish, meat, game animals commercially raised for food as specified under paragraph (G)(1)(a) of rule 3717-1-03.1 of the Administrative Code; and game animals under a voluntary inspection program as specified under paragraph (G)(1)(b) of rule 3717-1-03.1 of the Administrative Code; and raw eggs that are not prepared as specified under paragraph (A)(1)(a)(i) of this rule: —

Minimum Temperature °F (°C) Minimum Time

145 (63) 3 minutes

150 (66) 1 minute

158 (70) less than 1 second (instantaneous); or

(c) One-hundred sixty-five degrees Fahrenheit (seventy-four degrees Celsius) or above for fifteen seconds for poultry, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish, meat, poultry, or ratites.

(d) A raw or undercooked whole-muscle, intact beef steak may only be served or offered for sale in a ready-to-eat form if:

(i) The food service operation or retail food establishment serves a population that is not a highly susceptible population,

(ii) The steak is cooked on both the top and bottom to a surface temperature of one hundred forty-five degrees Fahrenheit (sixtythree degrees Celsius) or above and a cooked color change is achieved on all external surfaces, and

(iii) The steak is labeled to indicate that it meets the definition of “whole-muscle, intact beef” as specified under paragraph (A)(5) of rule 3717-1-03.1 of the Administrative Code.

(e) A raw animal food such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartare; or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than wholemuscle, intact beef steaks as specified under paragraph (A)(1)(d) of this rule, may be served or offered for sale upon consumer request or selection in a ready-to-eat form if:

(i) The food service operation or retail food establishment serves a population that is not a highly susceptible population, and

(ii) The consumer is informed as specified under paragraph (E) of rule 3717-1-03.5 of the Administrative Code that to ensure its safety, the food should be cooked as specified under paragraph (A)(1)(a), (A)(1)(b), (A)(1)(c) or (A)(2) of this rule; or

(iii) The Ohio department of agriculture or the Ohio department of health grants a variance from the requirements of paragraph (A)(1)(a), (A)(1)(b), (A)(1)(c), or (A)(2) of this rule based on a H.A.C.C.P. plan that:

(a) Is submitted by the license holder and approved by the Ohio department of agriculture or the Ohio department of health as applicable.

(b) Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe food, and

(c) Verifies that equipment and procedures for food preparation and training of food employees at the food service operation or retail food establishment meet the conditions of the variance.

(2) Whole beef roasts, corned beef roasts, pork roasts, and cured pork roasts such as ham, shall be cooked:

(a) In an oven that is preheated to the temperature specified for the roast’s weight in the following chart and that is held at that temperature: —

Oven Temperature Based on Roast Weight

Oven Type Less than 10 lbs (4.5 kg) 10 lbs (4.5 kg) or more

Still Dry 350°F (177°C) or more 250°F (121°C) or more

Convection 325°F (163°C) or more 250°F (121°C) or more

High humidity 1 250°F (121°C) or less 250°F (121°C) or less

1Relative humidity greater than ninety per cent for at least one hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides one hundred per cent humidity.

; and

(b) As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature:

Temperature F° (C°) Time1 in Minutes Temperature F°(C°) Time1 in Seconds

130 (54.4) 112 147 (63.9) 134

131 (55) 89 149 (65) 85

133 (56.1) 56 151 (66.1) 54

135 (57.2) 36 153 (67.2) 34

136 (57.8) 28 155 (68.3) 22

138 (58.9) 18 157 (69.4) 14

140 (60) 12 158 (70) 0

142 (61.1) 8

144 (62.2) 5

145 (62.8) 4

1 Holding time may include post-oven heat rise

; or

(c) Using acceptable Ohio department of agriculture methods under Chapter 918. of the Revised Code or U.S.D.A. methods as permitted through a variance granted by the Ohio department of health or the Ohio department of agriculture, as applicable.

(B) Microwave cooking. Raw animal foods cooked in a microwave oven shall be:

(1) Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

(2) Covered to retain surface moisture;

(3) Heated to a temperature of at least one hundred sixty-five degrees Fahrenheit (seventy-four degrees Celsius) in all parts of the food; and

(4) Allowed to stand covered for two minutes after cooking to obtain temperature equilibrium.

(C) Plant food cooking for hot holding. Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius).

(D) Parasite destruction – freezing. Before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish other than molluscan shellfish shall be:

(1) Frozen and stored at a temperature of minus four degrees Fahrenheit (minus twenty degrees Celsius) or below for one hundred sixty-eight hours (seven days) in a freezer; or

(2) Frozen at minus thirty-one degrees Fahrenheit (minus thirty-five degrees Celsius) or below until solid and stored at minus thirty-one degrees Fahrenheit (minus thirty-five degrees Celsius) for fifteen hours If the fish are tuna of the species Thunnus alalunga, Thunnus albacares (yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (bluefin tuna, southern), Thunnus obesus (bigeye tuna), or Thunnus thynnus (bluefin tuna, northern), the fish may be served or sold in a raw, raw-marinated, or partially cooked ready-to-eat form without freezing.

(E) Records, creation and retention – freezing. Except as specified in paragraph (D) of this rule for certain tuna species, if raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish are subjected and shall retain the records at the food service operation or retail food establishment for ninety calendar days beyond the time of service or sale of the fish. If the fish are frozen by a supplier, a written agreement or statement obtained from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under paragraph (D) of this rule may substitute for the records required by this paragraph.

(F) Preparation for immediate service – reheating. Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature.

(G) Reheating for hot holding.

(1) Except as specified under paragraphs (G)(2) and (G)(3) of this rule, potentially hazardous food that is cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the food reach a temperature of at least one hundred sixty-five degrees Fahrenheit (seventy-four degrees Celsius) for fifteen seconds. Remaining unsliced portions of roasts that are cooked as specified under paragraph (A)(2) of this rule may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified under that paragraph.

(2) Except as specified under paragraph (G)(3) of this rule, potentially hazardous food reheated in a microwave oven for hot holding shall be reheated so that all parts of the food reach a temperature of at least one hundred sixty-five degrees Fahrenheit (seventy-four degrees Celsius) and the food is rotated or stirred, covered, and allowed to stand covered for two minutes after reheating.

(3) Ready-to-eat food taken from a commercially processed, hermetically sealed container, or from an intact package from a food processing plant that is inspected by the food regulatory authority that has jurisdiction over the plant, shall be heated to a temperature of at least one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) for hot holding.

(4) Reheating for hot holding shall be done rapidly and the time the food is between the temperature specified under paragraph (F)(1)(b) or (F) (1)(c) of rule 3717-1-03.4 of the Administrative Code and one hundred sixty-five degrees Fahrenheit (seventy-four degrees Celsius) may not exceed two hours.

HISTORY: Eff 3/1/2001; 03/01/2005

R.C. 119.032 review dates: 07/27/2004 and 03/01/2010

Promulgated Under: 119.03

Statutory Authority: 3717.05

Rule Amplifies: 3717.05

(A) Frozen food – temperature and time control. Stored frozen foods shall be maintained frozen.

(B) Potentially hazardous food – slacking. Frozen potentially hazardous food that is slacked to moderate the temperature shall be held:

(1) Under refrigeration that maintains the food temperature at forty-one degrees Fahrenheit (five degrees Celsius) or less, or at forty-five degrees Fahrenheit (seven degrees Celsius) or less as specified under paragraph (F)(1)(c) of this rule; or

(2) At any temperature if the food remains frozen.

(C) Thawing – temperature and time control. Except as specified in paragraph (C)(4) of this rule, potentially hazardous food shall be thawed:

(1) Under refrigeration that maintains the food temperature at forty-one degrees Fahrenheit (five degrees Celsius) or less, or at forty-five degrees Fahrenheit (seven degrees Celsius) or less as specified under paragraph (F)(1)(c) of this rule; or

(2) Completely submerged under running water:

(a) At a water temperature of seventy degrees Fahrenheit (twenty-one degrees Celsius) or below,

(b) With sufficient water velocity to agitate and float off loose particles in an overflow, and

(c) For a period of time that does not allow thawed portions of ready-to-eat food to rise above forty-one degrees Fahrenheit (five degrees Celsius), or forty-five degrees Fahrenheit (seven degrees Celsius) as specified under paragraph (F)(1)(c) of this rule, or

(d) For a period of time that does not allow thawed portions of a raw animal food requiring cooking as specified under paragraphs (A)(1)(a), (A)(1)(b), (A)(1)(c) and (A)(2) of rule 3717-1-03.3 of the Administrative Code to be above forty-one degrees Fahrenheit (five degrees Celsius), or forty-five degrees Fahrenheit (seven degrees Celsius) as specified under paragraph (F)(1)(c) of this rule, for more than four hours including:

(i) The time the food is exposed to the running water and the time needed for preparation for cooking, or

(ii) The time it takes under refrigeration to lower the food temperature to forty-one degrees Fahrenheit (five degrees Celsius), or forty-five degrees Fahrenheit (seven degrees Celsius) as specified under paragraph (F)(1)(c) of this rule;

(3) As part of a cooking process if the food that is frozen is:

(a) Cooked as specified under paragraphs (A)(1)(a), (A)(1)(b), (A)(1)(c) and (A)(2) of rule 3717-1-03.3 of the Administrative Code or paragraph (B) of rule 3717-1-03.3 of the Administrative Code, or

(b) Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or

(4) Using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for immediate service in response to an individual consumer’s order.

(D) Cooling – temperature and time control.

(1) Cooked potentially hazardous food shall be cooled:

(a) Within two hours, from one hundred thirty-five degrees Fahrenheit (fiftyseven degrees Celsius) to seventy degrees Fahrenheit (twenty-one degrees Celsius); and

(b) Within a total of six hours, from one hundred thirty-five degrees Fahrenheit (fifty-seven degrees Celsius) to forty-one degrees Fahrenheit (five degrees Celsius) or less, or to forty-five degrees Fahrenheit (seven degrees Celsius) or less as specified under paragraph (F)(1)(c) of this rule.

(2) Potentially hazardous food shall be cooled within four hours to forty-one degrees Fahrenheit (five degrees Celsius) or less, or to forty-five degrees Fahrenheit (seven degrees Celsius) as specified under paragraph (F)(1)(c) of this rule if prepared from ingredients at ambient temperature, such as reconstituted foods or canned tuna.

(3) A potentially hazardous food received in compliance with laws allowing a temperature above forty-one degrees Fahrenheit (five degrees Celsius) during shipment from the supplier as specified in paragraph (H)(1) of rule 3717-1-03.1 of the Administrative Code, shall be cooled within four hours to forty-one degrees Fahrenheit (five degrees Celsius) or less, or forty-five degrees Fahrenheit (seven degrees Celsius) or less as specified under paragraph (F)(1)(c) of this rule.

(4) Raw shell eggs shall be received as specified under paragraph (H) (1) of rule 3717-1-03.1 of the Administrative Code and immediately placed in refrigerated equipment that maintains an ambient air temperature of fortyfive degrees Fahrenheit (seven degrees Celsius) or less.

(E) Cooling methods – temperature and time control.

(1) Cooling shall be accomplished in accordance with the time and temperature criteria specified under paragraph (D) of this rule by using one or more of the following methods based on the type of food being cooled:

(a) Placing the food in shallow pans;

(b) Separating the food into smaller or thinner portions;

(c) Using rapid cooling equipment;

(d) Stirring the food in a container placed in an ice water bath;

(e) Using containers that facilitate heat transfer;

(f) Adding ice as an ingredient; or

(g) Other effective methods.

(2) When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be:

(a) Arranged in the equipment to provide maximum heat transfer through the container walls; and

(b) Loosely covered, or uncovered if protected from overhead contamination as