Town of Salem, NH Article XXII Mobile Food Units and Pushcarts

§ 270-49 Mobile food and pushcart requirements.

A. Requirements based on type of food served.

(1) Mobile food units shall display their Health Division license numbers, in numerals no less than two inches in height, on the driver's side door no lower than two inches above the bottom of the door.

(2) Mobile food units and pushcarts licensed prior to January 1, 1998, shall meet the requirements of this section no later than December 31, 1998.

B. Mobile food units shall be required to meet only the following requirements, based on the type of food served:

(1) Mobile food units serving unwrapped, potentially hazardous food shall:

(a) Comply with §§ 270-5 to 270-8, 270-18, 270-40, 270-41 and 270-50; and

(b) Provide:

[1] Water which complies with § 270-31, if from a private source;

[2] Hot and cold water under pressure;

[3] Protection against contamination, as required by § 270-11A(1);

[4] A handwash sink which complies with § 270-35B;

[5] A three-compartment sink or a licensed commissary at which utensils can be washed daily; and

[6] Protection for all outer openings against the entrance of insects, as required by § 270-39A(4)

(2) Mobile food units serving unwrapped, nonpotentially hazardous food shall comply with §§ 270-5 to 270-8, 270-40, 270-50 and 270-53 and Subsection B of this section.

(3) Mobile food units serving only wrapped, potentially hazardous food shall:

(a) Meet the temperature requirements of § 270-6B; and

(b) Comply with §§ 270-17, 270-18 and 270-40.

(4) Mobile food units serving only steamed hot dogs and wrapped, potentially hazardous food shall:

(a) Meet the temperature requirements of § 270-6B; and

(b) Comply with §§ 270-14, 270-15, 270-17, 270-18, 270-40, 270-52 and 270-53 and Subsection B(1)(b)[1], [2] and [4] of this section.

(5) Mobile food units and pushcarts shall provide only single-service articles for use by the consumer.

(6) Registered mobile food units and pushcarts shall provide the following:

(a) Vehicle identification number; and

(b) The registration number from the state in which it is registered.

§ 270-50 Commissary requirement.

A. Mobile food units and pushcarts that do not have the sink requirements of § 270-49B(1)(b)[4] and [5] shall:

(1) Operate from a licensed commissary or other fixed food service establishment; and

(2) Report at least daily to such location for all supplies and for all cleaning and servicing operations.

B. The commissary or other fixed food service establishment used as a base of operation for mobile food units shall be constructed and operated in compliance with the requirements of these rules or shall be licensed by the jurisdiction in which it is located.

§ 270-51 Mobile unit servicing area.

A. Except as noted in Subsection C below, servicing areas for mobile food units and pushcarts shall:

(1) Be provided at the commissary or other fixed food service establishment location.

(2) Have a surface which is:

(a) Constructed of a smooth, nonabsorbent material, including but not limited to concrete or machine-laid asphalt; and

(b) Maintained in good repair, kept clean, and graded so as to drain.

(3) Include at least overhead protection for any supplying, cleaning, or servicing operation.

B. Within the servicing area required under Subsection A above, there shall be a location provided for the flushing and drainage of liquid wastes which is separate from the location provided for water servicing and loading and unloading of food and related supplies.

C. Potable water servicing equipment shall be installed, stored and handled so as to protect the water and equipment from contamination.

D. If a mobile food unit uses a liquid waste retention tank, it shall be thoroughly flushed and drained during the servicing operation.

E. A servicing area shall not be required if:

(1) Only packaged food is placed on the mobile food unit or pushcart; or

(2) A mobile food unit does not contain waste retention tanks.

§ 270-52 Mobile food unit water systems.

A. Water systems, including water tanks and their appurtenances, used in mobile food units shall:

(1) Be constructed of materials which meet the requirements of § 270-17A(1)(c)[1], [2] and [4];

(2) Be enclosed from the filling inlet to the discharge outlet;

(3) Be sloped to an outlet which allows complete drainage of the tank; and

(4) If designed with an access port for inspection and cleaning, have an opening in the top of the tank which is:

(a) Flanged upward at least 13 millimeters (1/2 inch); and

(b) Equipped with a port cover assembly which is:

[1] Provided with a gasket and a device for securing the cover in place; and

[2] Flanged to overlap the opening and sloped to drain.

B. A fitting with V-type threads on a water tank inlet or outlet shall be used only when a hose is permanently attached.

C. If provided, a water tank vent shall terminate in a downward direction and be covered with:

(1) Screen of 16 mesh to 25.4 millimeters (16 mesh to one inch) or equivalent, when the vent is in a protected area; or

(2) A protective filter, when the vent is in an area that is not protected from windblown dirt and debris.

D. A water tank and its inlet and outlet shall be sloped to drain.

E. A water tank inlet shall be positioned so that it is protected from contaminants, including but not limited to waste discharges, road dust, oil, or grease.

F. Hoses used for conveying drinking water from a water tank shall:

(1) Be composed of food-grade material, durable, corrosion-resistant and nonabsorbent;

(2) Be resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition;

(3) Have a smooth interior surface; and

(4) If not permanently attached, be clearly and durably identified as to their use.

G. When compressed air is used to pressurize the water tank system, a filter which does not pass oil or oil vapors shall be installed in the air supply line between the compressor and the drinking water system.

H. A cap and keeper chain, closed cabinet, closed storage tube, or other protective cover or device shall be provided for a water tank's inlet, outlet, and hose.

I. A mobile food unit's water tank inlet shall:

(1) Have an inner diameter of 19.1 millimeters (3/4 inch) or less; and

(2) Be provided with a hose connection of a size and type which will prevent its use for any other service.

J. Water tanks, pumps, and hoses shall be flushed and sanitized before being placed in service after construction, repair, modification and periods of nonuse longer than 24 hours.

K. Water tanks, pumps, and hoses shall be operated to prevent backflow and other contamination of the water supply.

L. If not in use, water tanks and hose inlet and outlet fittings shall be protected as specified under Subsection H above.

M. Except as specified in Subsection N below, water tanks, pumps, and hoses used for conveying drinking water shall be used for no other purpose.

N. Water tanks, pumps, and hoses approved for liquid foods shall be used for conveying drinking water only if they are cleaned and sanitized after each use.

§ 270-53 Mobile food unit wastewater systems.

Wastewater systems in mobile food units shall comply with the following:

A. Wastewater holding tanks in mobile food units shall:

(1) Have a capacity which is 15% larger than the water supply tank capacity.

(2) Be sloped to a drain which is 25 millimeters (one inch) or larger in inner diameter and equipped with a shutoff valve.

B. Wastewater shall be disposed of by assuring that:

(1) It is removed from mobile food units without spillage and in a manner which prevents creating a public health hazard or nuisance; and

(2) It is conveyed to either:

(a) A public or private wastewater system which holds either a valid state surface water discharge permit or groundwater discharge permit issued by the New Hampshire Department of Environmental Services under RSA 485-A; or

(b) A sewage or waste disposal system holding a valid permit from the New Hampshire Department of Environmental Services under RSA 485-A:29 and Env-Wq 1000.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Whenever tanks for liquid waste retention are serviced they shall be thoroughly flushed and drained in a sanitary manner.