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Town of Salem, NH
Rockingham County
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Table of Contents
Table of Contents
A. 
Bulk foods. Unless its identity is unmistakable, bulk food, including but not limited to cooking oil, syrup, salt, sugar, or flour, not stored in the product container or package in which it was obtained, shall be stored in a container identifying the food by common name.
B. 
Shellstock and shucked shellfish identification and original container.
(1) 
Except as specified in Subsection B(2) and (3) below, molluscan shellfish shall not be removed from the container in which they were received other than immediately before sale or preparation for service.
(2) 
Shellstock may be removed from the container in which they were received and displayed on drained ice or held in a display container, and a quantity specified by a consumer shall only be removed from the display or display container and provided to the consumer if:
(a) 
The source of the shellstock on display is identified and recorded as specified under NH He-P 2150.03(a); and
(b) 
The shellstock are protected from contamination.
(3) 
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 § 270-4 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.
C. 
Consumption of raw or undercooked animal foods. If a raw or undercooked animal food, including but not limited to beef, eggs, fish, lamb, pork, poultry, or shellfish, is offered in a ready-to-eat form as a deli, menu, vended, or other item, or as a raw ingredient in another ready-to-eat food, the license holder shall inform consumers by brochures, deli case or menu advisories, label statements, table tents, placards or other effective written means of the significantly increased risk associated with especially vulnerable consumers eating such foods raw or undercooked.
A. 
Potentially hazardous foods.
(1) 
Potentially hazardous foods, as defined in § 270-3, shall include but not be limited to:
(a) 
An animal food, or a food of animal origin, that is raw or heat-treated;
(b) 
A food of plant origin that is heat-treated or consists of raw seed sprouts;
(c) 
Cut melons; and
(d) 
Garlic and oil mixtures that are not acidified or otherwise modified at a food service establishment that processes food in a way that results in mixtures that do not support the rapid and progressive growth of infectious or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum.
(2) 
Potentially hazardous foods shall not include:
(a) 
An air-cooled hard-boiled egg with shell intact.
(b) 
A food with an aw value of 0.85 or less.
(c) 
A food with a pH level of 4.6 or below when measured at 24° C. (75° F.).
(d) 
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.
(e) 
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 cannot occur, such as a food that has an aw value above 0.85 and a pH level above 4.6 when measured at 24° C. (75° F.), and that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms.
(f) 
A food that does not support the rapid and progressive growth of infectious or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum even though the food may contain an infectious or toxigenic microorganism or chemical or physical contaminant at a level sufficient to cause illness.
(3) 
The temperature of potentially hazardous food shall be 5° C. (41° F.) or below or 60° C. (140° F.) or above at all times, except as otherwise provided in these rules.
(4) 
Refrigerated potentially hazardous food shall be at a temperature of 5° C. (41° F.) or below when received, except as provided in Subsection J(3).
(5) 
Potentially hazardous food cooked to the temperature and time specified in Subsections B to F which is received hot shall be maintained at a temperature of 60° C. (140° F.) or above.
(6) 
Potentially hazardous food shall be at proper temperatures in accordance with this section and shall show no signs of spoilage when received.
B. 
Raw animal foods.
(1) 
Except as specified in Subsection B(2) and (3) below, raw animal foods, including but not limited to eggs, fish, poultry, meat, and foods containing these raw animal foods, shall be cooked so that the entire portion of each of the identified foods meets the following time and temperature requirements:
(a) 
Sixty-three degrees Celsius (145° F.) or above for 15 seconds for:
[1] 
Raw shell eggs that are broken and prepared in response to a consumer's order for immediate service; and
[2] 
Fish and meat, except for those identified in Subsection B(3) below.
(b) 
For pork, comminuted fish and meats, injected meats, and eggs that are not prepared as specified in Subsection B(1)(a)[1] above, 68° C. (155° F.) for 15 seconds or the temperature specified in Subsection C that corresponds to the cooking time.
(c) 
As specified in Subsection E for whole beef roasts and corned beef roasts.
(d) 
Seventy-four degrees Celsius (165° F.) or above for 15 seconds for poultry, stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, or stuffing containing fish, meat or poultry.
(2) 
The requirements of Subsection B(1) above shall not apply if, except for food establishments serving a highly susceptible population, the food is:
(a) 
A raw animal food, including but not limited to raw egg, raw fish, raw marinated fish, raw molluscan shellfish, or steak tartare; or
(b) 
A partially cooked food, including but not limited to lightly cooked fish, rare meat, or soft cooked eggs served or offered for sale in a ready-to-eat form, and the consumer is informed under § 270-5C that, to ensure its safety, the food should be cooked as specified under Subsection B(1) above.
(3) 
Roasts of beef and corned beef roasts shall be cooked:
(a) 
In an oven that is preheated to the temperature specified for the roast's weight in Subsection D that is held at or above that temperature; and
(b) 
To the temperature specified in Subsection E and held for the corresponding amount of time required by Subsection E for that temperature.
C. 
Minimum food temperature and holding time required for cooking all parts of pork, comminuted fish and meats, and injected meats. The minimum food temperature and holding time required under Subsection B(1)(b) for cooking all parts of pork, comminuted fish, and injected meats shall be in compliance with the requirements set forth in Table 2.4.1 below:
Table 2.4.1 Minimum Temperature and Holding Time for Cooking All Parts of Pork, Comminuted Fish and Meats, and Injected Meats
Minimum Temperature
Minimum Time
63° C. (145° F.)
3 minutes
66° C. (150° F.)
1 minute
D. 
Oven parameters required for destruction of pathogens on the surface of whole beef roasts and corned beef roasts.
(1) 
Whole beef roasts and corned beef roasts shall be cooked in an oven that is preheated to the temperature specified for the roast's weight and held at that temperature, as specified in the requirements set forth in Table 2.4.2 below:
Table 2.4.2 Cooking Temperatures for Beef Roasts and Corned Beef Roasts Based on Oven Type and Weight
Oven Temperature/Roast Weight
Oven Type
Less than 4.5 kg (10 pounds)
4.5 kg (10 pounds) or More
Still dry
177° C. (350° F.) or more
121° C. (250° F.) or more
Convection
163° C. (325° F.) or more
121° C. (250° F.) or more
High humidity
121° C. (250° F.) or less
121° C. (250° F.) or less
(2) 
For cooking whole beef roasts and corned beef roasts in high humidity oven types:
(a) 
The relative humidity shall be greater than 90% for at least one hour as measured in the cooking chamber or exit of the oven; or
(b) 
The roasts of beef or corned beef roasts shall be in a moisture-impermeable bag that provides 100% humidity.
E. 
Minimum holding cooking required at specified temperatures for cooking all parts of roasts of beef and corned beef.
(1) 
Whole beef roasts and corned beef roasts shall be cooked to heat all parts of the roast to a temperature and for the holding time that corresponds to that temperature as specified in Table 2.4.3 below:
Table 2.4.3 Minimum Holding Cooking Required at Specified Temperatures for Cooking All Parts of Roasts of Beef and Corned Beef
Temperature
Time
(minutes)
54° C. (130° F.)
121
56° C. (132° F.)
77
57° C. (134° F.)
47
58° C. (136° F.)
32
59° C. (138° F.)
19
60° C. (140° F.)
12
61° C. (142° F.)
8
62° C. (144° F.)
5
63° C. (145° F.)
3
(2) 
Holding times in Table 2.4.3 may include post-oven heat rise.
F. 
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 74° C. (165° F.) in all parts of the food; and
(4) 
Allowed to stand covered for two minutes after cooking to obtain temperature equilibrium.
G. 
Cooked fruits and vegetables. Fruits and vegetables cooked for hot holding shall be cooked to a temperature of 60° C. (140° F.).
H. 
Reheating for hot holding.
(1) 
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 74° C. (165° F.) for 15 seconds.
(2) 
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 74° C. (165° F.) 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 licensed food service establishment commercially processing food that is heated for hot holding shall be heated to a temperature of at least 60° C. (140° F.).
(4) 
Reheating for hot holding shall be done so that the temperature of the food goes from 5° C. (41° F.) to 74° C. (165° F.) within two hours.
(5) 
Remaining unsliced portions of roasts of beef cooked as specified in Subsection B shall be reheated for hot holding using oven parameters and minimum time and temperature conditions specified in Subsection B.
I. 
Reheating for immediate service. License holders shall serve cooked and refrigerated food prepared for immediate service in response to an individual consumer order, including but not limited to a roast beef sandwich au jus, at any temperature.
J. 
Cooling.
(1) 
Cooked potentially hazardous food not being hot held or served immediately to consumers shall be cooled as follows:
(a) 
From 60° C. (140° F.) to 21° C. (70° F.) within two hours; and
(b) 
From 21° C. (70° F.) to 5° C. (41° F.) or below within four hours.
(2) 
Potentially hazardous food shall be cooled to 5° C. (41° F.) or below within four hours if prepared from ingredients at ambient temperature, including but not limited to reconstituted foods and canned tuna.
(3) 
A potentially hazardous food, including but not limited to shell eggs and shellfish, received in compliance with laws allowing a temperature above 5° C. (41° F.) during shipment from the supplier shall be cooled to 5° C. (41° F.) or below within four hours.
K. 
Cooling methods.
(1) 
Cooling shall be accomplished by one or more of the following methods based on the type of food being cooled, including but not limited to:
(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; or
(f) 
Adding ice or frozen ingredients.
(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 container walls; and
(b) 
Loosely covered, or uncovered if protected from overhead contamination as specified § 270-11E, during the cooling period to facilitate heat transfer from the surface of the food.
L. 
Potentially hazardous food; hot and cold holding. Except during preparation, cooking or cooling, or when time is used as a public health control as specified in Subsection O, potentially hazardous food shall be maintained:
(1) 
At 60° C. (140° F.) or above, except that roasts cooked to a temperature and for time specified in Subsection E(1) may be held at a temperature of 54° C. (130° F.); or
(2) 
At 5° C. (41° F.) or less, except as specified Subsection N(6).
M. 
Vending machines; automatic shutoff.
(1) 
A machine vending potentially hazardous food shall have an automatic control that prevents the machine from vending food if there is a power failure, mechanical failure, or other condition that results in an internal machine temperature that cannot maintain food temperatures as required under this section until the machine is serviced and restocked with food that has been maintained at required temperatures.
(2) 
It shall be permissible for the temperature specified for activation of the automatic shutoff within a machine vending potentially hazardous food to deviate from the temperature required under Subsection M(1) above in accordance with the following:
(a) 
In a refrigerated vending machine, at an ambient temperature of 7° C. (45° F.) or more, for no more than 30 minutes immediately after the machine is filled, serviced or restocked; or
(b) 
In a hot holding vending machine, at an ambient temperature of 60° C. (140° F.) or less, for no more than 120 minutes after the machine is filled, serviced, or restocked.
N. 
Ready-to-eat potentially hazardous food; date marking and disposition.
(1) 
Except as specified in Subsection N(3) below, refrigerated, ready-to-eat, potentially hazardous food prepared and held for more than 24 hours in a food service establishment and a retail food store shall be marked with the date of preparation and consume by date as specified under Subsection N(5) below.
(2) 
Except as specified in Subsection N(3) and (4) below, a container of refrigerated, ready-to-eat, potentially hazardous food prepared and packaged by another food service establishment, retail food store or a food service establishment commercially processing food shall be marked to indicate the date, as specified under Subsection N(7) below, by which the food shall be consumed.
(3) 
The requirements of Subsection N(1) and (2) above shall not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.
(4) 
The requirements of Subsection N(2) above shall not apply to whole, unsliced portions of a cured and processed product with original casing maintained on the remaining portion, such as bologna, salami, or other sausage in a cellulose casing.
(5) 
A food specified in Subsection N(1) above shall be discarded if not consumed within seven calendar days from the date of preparation.
(6) 
Refrigerated, ready-to-eat, potentially hazardous food prepared in a food service establishment or retail food store and dispensed in a vending machine with an automatic shutoff control that is activated at:
(a) 
A temperature of 5° C. (41° F.) shall be discarded if not sold within seven days.
(b) 
A temperature of 7° C. (45° F.) shall be discarded if not sold within four days.
(7) 
A food specified in Subsection N(2) above shall be discarded if not consumed within seven calendar days after the original package is opened in a food establishment.
O. 
Time as a public health control.
(1) 
The measures contained in this subsection shall be implemented by any license holder choosing to use time only, rather than time in conjunction with temperature, as a public health control to assure the safety of:
(a) 
A working supply of potentially hazardous food which has not yet been cooked; and
(b) 
A supply of ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption.
(2) 
Foods listed under Subsection O(1)(a) and (b) above shall be:
(a) 
Marked or otherwise identified to indicate the time of day that is four hours later than the time of day when the food is removed from temperature control, and discarded if not served by that marked or identified time; or
(b) 
Discarded if found in unmarked containers or packages or if marked with a time that is more than four hours past the time that the food is removed from temperature control.
(3) 
License holders choosing to use time only as a public health control, as authorized by this subsection, shall prepare written procedures specifying the method for ensuring compliance with:
(a) 
The provisions of Subsection O(2) above; and
(b) 
Subsection J for food that is prepared, cooked, and refrigerated before time is used as a public health control.
P. 
Parasite destruction.
(1) 
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 frozen throughout to:
(a) 
A temperature of -20° C. (-4° F.) or below for 168 hours, seven days, in a freezer; or
(b) 
A temperature of -35° C. (-31° F.) or below for 15 hours in a blast freezer.
(2) 
Records of freezing temperatures and time to which the fish are subjected shall be recorded, and records shall be retained for 90 calendar days beyond the time of service or sale of the fish.
Q. 
Nondairy creaming, whitening, or whipping agents. Nondairy creaming, whitening, or whipping agents reconstituted on the premises shall be stored in sanitized, covered containers not exceeding one gallon in capacity and cooled to 5° C. (41° F.) or below within four hours after preparation.
R. 
Frozen foods. Frozen foods shall be kept frozen until cooked or thawed as provided under § 270-9.
S. 
Refrigeration and hot food facilities to maintain product temperature. Refrigeration and hot food facilities shall be provided to assure the maintenance of all potentially hazardous food at required temperatures during storage, preparation, display, service and transportation.
A. 
Equipment for cooling and heating food, and holding cold and hot food, shall be sufficient in number and capacity, based upon the amount and type of food, to provide food temperatures as specified under § 270-6A to K.
B. 
Cooling systems which use outside air to cool walk-ins shall be acceptable, provided that:
(1) 
The regulatory authority is notified prior to installation;
(2) 
The air intake is located where it will not receive exhaust from idling vehicles, rest rooms, hoods or any toxic fumes;
(3) 
Air filters shall be used; and
(4) 
The walk-in compressor shall automatically start when the outside air is unable to cool the walk-in to 5° C. (41° F.).
A. 
Specifications.
(1) 
Food temperature measuring devices shall be provided and readily accessible for use in assuring attainment and maintenance of food temperatures as specified under § 270-6A to K.
(2) 
In a mechanically refrigerated or hot food storage unit, the sensor of a temperature measuring device shall be located to measure the air temperature in the warmest part of a mechanically refrigerated unit and in the coolest part of a hot food storage unit.
(3) 
Except as specified in Subsection A(4) below, cold or hot holding equipment used for potentially hazardous food shall be designed to include and shall be equipped with at least one integral or permanently affixed temperature measuring device that is located to allow easy viewing of the device's temperature display.
(4) 
The requirements of Subsection A(3) above shall not apply to equipment for which the placement of a temperature measuring device is not a practical means for measuring the ambient air surrounding the food because of design, type, and use of the equipment, including but not limited to calrod units, heat lamps, cold plates, bain-maries, steam tables, insulated food transport containers, and salad bars.
(5) 
Temperature measuring devices shall be designed to be easily readable.
(6) 
Food temperature measuring devices and water temperature measuring devices on dishwashing machines shall have a numerical scale, printed record, or digital readout in increments no greater than 1° C. or 2° F. in the intended range of use.
B. 
Accuracy of ambient temperature measuring devices.
(1) 
Ambient air and water temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit shall be designed to be easily readable and accurate to +/- 1.5° C. (2.7° F.) in the intended range of use.
(2) 
Ambient air and water temperature measuring devices that are scaled only in Fahrenheit shall be accurate to +/- 3° F. in the intended range of use.
(3) 
Food temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit shall be accurate to +/- 1° C. (1.8° F.) in the intended range of use.
(4) 
Food temperature measuring devices that are scaled only in Fahrenheit shall be accurate to +/- 2° F. in the intended range of use.
A. 
Proper thawing. Potentially hazardous food shall be thawed:
(1) 
By keeping it under refrigeration that maintains the food temperature at 5° C. (41° F.) or below;
(2) 
By completely submerging it under running water:
(a) 
At a water temperature of 21° C. (70° F.) or below; and
(b) 
With sufficient water velocity to agitate and float off loose particles in an overflow;
(3) 
For a period of time that does not allow thawed portions of ready-to-eat food to rise above 5° C. (41° F.);
(4) 
For a period of time that does not allow thawed portions of a raw animal food requiring cooking as specified in § 270-6B(1)(a) to (d) to be above 5° C. (41° F.) for more than four hours, including:
(a) 
The time the food is exposed to the running water; and
(b) 
The time needed for preparation for cooking or the time it takes under refrigeration to lower the food temperature to 5° C. (41° F.);
(5) 
As part of a cooking process if the frozen food is:
(a) 
Cooked as specified in § 270-6B(1)(a) to (d); or
(b) 
Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or
(6) 
Using any procedure that thaws a portion of frozen ready-to-eat food that is prepared for immediate service in response to an individual consumer's order.
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 5° C. (41° F.) or less; or
(2) 
At any temperature if the food remains frozen.
A. 
Returned food.
(1) 
Except as specified under Subsection A(2) below, after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption.
(2) 
Except as specified under Subsection B, food that is not potentially hazardous, such as crackers and condiments, in an unopened original package maintained in sound condition may be reserved or resold.
B. 
Reservice prohibited for certain populations. Food, in an unopened original package, shall not be reserved in a food service establishment that serves an especially vulnerable population.
A. 
Separation.
(1) 
Food shall be protected from cross-contamination by:
(a) 
Separating raw animal foods during storage, preparation, holding, and display from:
[1] 
Raw ready-to-eat food, including other raw animal food, including but not limited to fish for sushi, molluscan shellfish, or other raw ready-to-eat food such as vegetables; and
[2] 
Cooked ready-to-eat food;
(b) 
Separating types of raw animal foods from each other, including but not limited to beef, fish, lamb, pork, and poultry, during storage, preparation, holding and display, except when combined as ingredients, by:
[1] 
Using separate equipment for each type of food;
[2] 
Arranging each type of food in equipment so that cross-contamination of one type with another is prevented; or
[3] 
Preparing each type of food at different times or in separate areas;
(c) 
Cleaning and sanitizing equipment and utensils as specified under § 270-25;
(d) 
Except as specified in Subsection A(2) below, storing the food in packages, containers, or wrappings;
(e) 
Cleaning hermetically sealed food containers of visible soil before opening;
(f) 
Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;
(g) 
Storing damaged, spoiled or recalled food being held in the establishment in designated areas and segregated from other food, equipment, utensils, linens, and single-service and single-use articles; and
(h) 
Separating fruits and vegetables, before they are washed as specified under Subsection J, from ready-to-eat food.
(2) 
The requirements of Subsection A(1)(d) above shall 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, including but not limited to country hams, and smoked or cured sausages that are placed on clean, sanitized racks;
(d) 
Food being cooled as specified under § 270-6K(2)(b); and
(e) 
Shellstock.
B. 
Consumer self-service operations.
(1) 
Unpackaged, raw animal food, including but not limited to beef, lamb, pork, poultry, frozen shrimp and fish, shall not be offered for consumer self-service, except that this subsection shall not apply to:
(a) 
Consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods, including but not limited to sushi or raw shellfish; or
(b) 
Ready-to-cook individual portions for immediate cooking and consumption on the premises, including but not limited to consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue.
(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, including but not limited to buffets and salad bars, shall be monitored by employees trained in food safety procedures.
C. 
Food contact with equipment and utensils. Food shall not contact:
(1) 
Probe-type price or identification tags; or
(2) 
Surfaces of utensils and equipment that are not cleaned as specified under § 270-17 of these rules.
D. 
Preventing contamination when tasting food. A food employee shall not use a utensil more than once to taste food that is to be sold or served.
E. 
Food protection from contamination. Food shall be protected from potential contamination, including but not limited to dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, drainage, and overhead leakage or overhead drippage from condensation, at all times, including while being:
(1) 
Stored;
(2) 
Prepared;
(3) 
Displayed;
(4) 
Served; and
(5) 
Transported.
F. 
Transportation of food and food utensils.
(1) 
During transportation, food and food utensils shall be kept in covered containers or completely wrapped so as to be protected from contamination.
(2) 
Foods in original individual packages shall not be required to be overwrapped or covered if the original package has not been torn or broken.
(3) 
During transportation, including transportation to another location for service or catering operations, food shall meet the requirements of these rules relating to food protection and food storage.
G. 
Food on display. Food on display shall be protected from contamination by the use of:
(1) 
Packaging;
(2) 
Counter, service line or salad bar food guards;
(3) 
Enclosed display cases; or
(4) 
Other means which protect food from contamination.
H. 
Using clean tableware for second portions and refills.
(1) 
Food employees shall not use tableware and single-service articles soiled by the consumer to provide second portions or refills.
(2) 
Except as specified in Subsection H(3) below, self-service consumers shall not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment.
(3) 
Self-service consumers shall be allowed to reuse cups and glasses if refilling is a contamination-free process, as specified under §§ 270-12 and 270-13.
I. 
Refilling returnables. A take-home food container returned to a food service establishment or retail food store shall not be refilled with a potentially hazardous food.
J. 
Washing of raw fruits and raw vegetables. Except for raw fruits and vegetables that are intended for washing by the consumer before consumption, raw fruits and raw vegetables shall be thoroughly washed in a food preparation sink with potable water before being cooked or served.
K. 
Storage of food and containers.
(1) 
Containers of food shall be stored either:
(a) 
A minimum of six inches (15 centimeters) above the floor in a manner that protects the food from splash and other contamination and that permits cleaning of the storage area; or
(b) 
On dollies, racks or pallets, provided that equipment can be moved.
(2) 
Food and containers of food shall not be stored under exposed or unprotected sewer lines or waterlines, except for automatic fire protection sprinkler heads required by law.
(3) 
Food shall not be stored in toilet rooms, dressing rooms, locker rooms, garbage rooms, in mechanical rooms or vestibules.
L. 
Ice as a cooling medium. Ice shall not be used as food after use as a medium for cooling:
(1) 
The exterior surfaces of food, including but not limited to melons and fish;
(2) 
Packaged foods such as canned beverages; or
(3) 
Cooling coils and tubes of equipment.
M. 
Storage or display of food in contact with water or ice.
(1) 
Packaged food shall not be stored in direct contact with ice or water if the food is subject to the entry of water because of:
(a) 
The nature of its packaging, wrapping, or container; or
(b) 
Its positioning in the ice or water.
(2) 
Unpackaged food shall only be stored in direct contact with drained ice, except for immersion of:
(a) 
Whole raw fruits or vegetables;
(b) 
Cut raw vegetables, including but not limited to celery, carrot sticks and cut potatoes;
(c) 
Tofu in ice or water; or
(d) 
Raw chicken and raw fish that are received immersed in ice in shipping containers and that remain in that condition while in storage awaiting preparation, display, service or sale.
N. 
Service of cream, half-and-half, and nondairy creaming or whitening agents. Cream, half-and-half, and nondairy creaming or whitening agents shall be provided in an individual service container or covered pour-type pitcher or drawn from a refrigerated dispenser designed for such service.
O. 
Service of condiments, sugar, seasonings and dressings.
(1) 
Condiments, seasonings and dressings for self-service use shall be provided in individual packages, from dispensers, or from containers protected in accordance with Subsection G.
(2) 
Except for catsup and other sauces served in the original container or pour-type dispenser, condiments provided for table or counter service shall be individually portioned.
(3) 
Sugar for consumer usage shall be provided in individual packages or in pour-type dispensers.
A. 
Single-use gloves, used for one purpose and discarded. If used, single-use gloves shall be:
(1) 
Worn for only one task, including but not limited to working with ready-to-eat food or with raw animal food, and then discarded;
(2) 
Discarded if damaged or soiled, or when interruptions occur in the operation; and
(3) 
Used in conjunction with the requirements of § 270-15.
B. 
Consumer self-service utensils. A food dispensing utensil shall be available for each container displayed at a consumer self-service unit, including but not limited to a buffet or salad bar.
C. 
Ice for consumers. Ice for consumer use shall be dispensed:
(1) 
By employees with scoops, tongs, or other ice dispensing utensils; or
(2) 
Through automatic self-service ice dispensing equipment.
During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:
A. 
Except as specified under Subsection D(1) below, in the food with their handles above the top of the food and the container;
B. 
On a clean portion of the food preparation table or cooking equipment which is cleaned and sanitized at a frequency specified under § 270-25E;
C. 
In running water of sufficient velocity to flush particulates to the drain, if used with moist food, including but not limited to ice cream or mashed potatoes; or
D. 
When the food is not potentially hazardous:
(1) 
With their handles above the top of the food within containers or equipment that can be closed, including but not limited to bins of sugar, flour, or cinnamon; or
(2) 
In a clean, protected location.