R392-102-11. Food Safety Requirements

  (1)(a) Food shall be safe, unadulterated, and honestly presented.

  (b) Food shall be offered for human consumption in a way that does not mislead or misinform the consumer.

  (c) Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food.

  (2) Food shall be obtained from sources that comply with Rule R392-100.

  (3) Food prepared in a private home or any structure or dwelling designed, constructed, or intended for human occupancy shall not be used in a food truck or offered from a food truck for human consumption.

  (4) 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.

  (5) 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.

  (6) 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).

  (a) Eggs shall be received clean and sound and shall not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified Rule R70-410.

  (b) Egg products shall be obtained pasteurized.

  (c) Pasteurized eggs or egg products shall be substituted for raw 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 cooked.

  (i) Raw, unpasteurized eggs may be used in recipes that will not be cooked if the food truck has obtained a variance from the primary permit issuer, which variance is based on a commissary HACCP plan; and

  (ii) The local health officer may revoke or suspend a permit and variance if the commissary HACCP plan is not being followed.

  (7) Fluid milk and milk products shall be obtained from sources that comply with grade A standards as specified in Rule R70-310.

  (8) Fish and molluscan shellfish that are received for sale or service shall be commercially and legally caught or harvested.

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

  (b) Molluscan shellfish, shucked shellfish and shellstock shall comply with 3-202.17, 3-202.18, 3-203.11, and 3-203.12 of the 2013 FDA Food Code as adopted in Rule R392-100.

  (c) When received by a food truck, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock, or those with badly broken shells, shall be discarded.

  (9) Mushroom species picked in the wild shall not be offered for sale or service by a food truck.

  (10) If game animals are received for sale or service they shall meet the requirements of 3-201.17 of the 2013 FDA Food Code as adopted and amended in Rule R392-100.

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

  (12) 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.

  (13) Ice may not be used as food 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.

  (14) Food shall only contact surfaces of equipment and utensils that are cleaned and sanitized as specified in Sections R392-102-9 and R392-102-10 or single-service and single-use articles.

  (a) Linens, such as cloth napkins, shall not be used in contact with food.

  (15)(a) Except as specified in (b) and (c) of this subsection, food shall be protected from contamination by storing the food:

  (i) in a clean, dry location;

  (ii) where it is not exposed to splash, dust, or other contamination; and

  (iii) at least six inches (15 cm) above the floor.

  (b) Pressurized beverage containers and cased food in waterproof containers such as bottles or cans may be stored on a floor that is clean and not exposed to floor moisture.

  (c) Food in packages and working containers may be stored less than six inches above the floor on case lot handling equipment, such as dollies, pallets, racks, and skids used to store and transport large quantities of packaged foods.

  (16) Food shall not be stored:

  (a) in toilet rooms;

  (b) under sewer lines;

  (c) under open stairwell;

  (d) under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed; or

  (e) under other sources of contamination.

  (17) Food shall be protected from cross contamination by:

  (a) separating raw animal foods during storage, preparation, holding, and display from:

  (i) raw ready-to-eat food, and

  (ii) cooked ready-to-eat food;

  (b) 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:

  (i) using separate equipment for each type; or

  (ii) arranging each type of food in equipment so that cross contamination of one type with another is prevented; and

  (iii) preparing each type of food at different times or in separate areas.

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

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

  (e) Storing and segregating damaged, spoiled, or recalled food in designated areas within the food truck that are separated from food, equipment, utensils, linens, and single-service and single-use articles.

  (f) Separating fruits and vegetables before they are washed from ready-to-eat food.

  (18) Food shall be protected from contamination that may result from a factor or source not specified in this section.

  (19) Except for containers holding food that can be readily and unmistakably recognized such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the food truck, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the food.

  (20) Food shall be protected from contamination that may result from the addition of:

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

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

  (21) An operator shall not:

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

  (b) Except for grapes, serve or sell food specified under the previous subsection (21)(a) of this section that is treated with sulfating agents before receipt by the food truck.

  (22)(a) A food truck operator shall not prepare food on a food truck using "specialized processing methods" as described in the currently adopted FDA Food Code incorporated by reference in Rule R392-100. A food truck operator may not obtain a variance from a local health officer to use specialized processing methods on a food truck.

  (b) A food truck operator shall remove time/temperature controlled for safety (TCS) food from reduced oxygen packaging before holding or storing the food in a temperature controlled environment on a food truck.

  (23) Food shall be protected from contamination that may result from a factor or source not specified elsewhere in this rule.