The licensor shall determine the risk level based on the highest risk level activity of the retail food establishment in accordance with the following criteria:
(A) Risk level I poses potential risk to the public in terms of sanitation, food labeling, sources of food, storage practices, or expiration dates. Examples of risk level I activities include, but are not limited to, an operation that offers for sale or sells:
(1) Coffee, self-service fountain drinks, prepackaged non-time/temperature controlled for safety food beverages;
(2) Pre-packaged refrigerated or frozen time/temperature controlled for safety food;
(3) Pre-packaged non-time/temperature controlled for safety food;
(4) Baby food or formula.
A "food delivery operation" as defined in division (H) of section 3717.01 of the Revised Code shall be classified as risk level I.
A "micro market" as defined in paragraph (B) of rule 3717-1-01 of the Administrative Code shall be classified as a risk level I.
(B) Risk level II poses a higher potential risk to the public than risk level I because of hand contact or employee health concerns but minimal possibility of pathogenic growth exists. Examples of risk level II activities include, but are not limited to:
(1) Handling, heat treating, or preparing non-time/temperature controlled for safety food;
(2) Holding for sale or serving time/temperature controlled for safety food at the same proper holding temperature at which it was received; or
(3) Heating individually packaged, commercially processed time/temperature controlled for safety food for immediate service.
(C) Risk level III poses a higher potential risk to the public than risk level II because of the following concerns: proper cooking temperatures, proper cooling procedures, proper holding temperatures, contamination issues or improper heat treatment in association with longer holding times before consumption, or processing a raw food product requiring bacterial load reduction procedures in order to sell it as ready-to-eat. Examples of risk level III activities include, but are not limited to:
(1) Handling, cutting, or grinding raw meat products;
(2) Cutting or slicing ready-to-eat meats and cheeses;
(3) Assembling or cooking time/temperature controlled for safety food that is immediately served, held hot or cold, or cooled;
(4) Operating a heat treatment dispensing freezer;
(5) Reheating in individual portions only; or
(6) Heating of a product from an intact hermetically sealed package and holding it hot.
(D) Risk level IV poses a higher potential risk to the public than risk level III because of concerns associated with: handling or preparing food using a procedure with several preparation steps that includes reheating of a product or ingredient of a product where multiple temperature controls are needed to preclude bacterial growth; offering as ready-to-eat a raw potentially hazardous meat, poultry product, fish, or shellfish or a food with these raw potentially hazardous items as ingredients; using freezing as a means to achieve parasite destruction; serving a primarily high risk clientele including immuno-compromised or elderly individuals in a facility that provides either health care or assisted living; or using time in lieu of temperature as a public health control for time/temperature controlled for safety food, or performs a food handling process that is not addressed, deviates, or otherwise requires a variance for the process. Examples of risk level IV activities include, but are not limited to:
(1) Reheating bulk quantities of leftover time/temperature controlled for safety food more than once every seven days; or
(2) Caterers or other similar food service operations that transport time/temperature controlled for safety food.
119.032 review dates:
Promulgated Under: 119.03
Statutory Authority: 3717.04, 3717.33
Rule Amplifies: 3717.11, 3717.25, 3717.27
Prior Effective Dates: 2/1/2001, 12/14/2001, 3/1/2002, 12/20/2004, 04/03/2009, 01/1/2013