Ariz. Admin. Code § 9-8-110

Current through Register Vol. 30, No. 24, June 14, 2024

Section R9-8-110 - Mobile Food Units

A. In addition to the definitions in A.R.S. § 36-1761 and in this Article, the following definitions apply to this Section, unless otherwise specified:

1. "Commissary" means a facility that:

a. Is APPROVED by a REGULATORY AUTHORITY as safe and sanitary for FOOD preparation consistent with the FC and other state statutes and laws; and

b. Provides support and servicing activities to a mobile food unit that may include:

i. A cooking facility or commercial kitchen used to prepare FOOD for sale and consumption;

ii. A space for storing FOOD, including refrigeration, and supplies;

iii. A source for potable water and disposing of wastewater;

iv. A source for refuse disposal; and

v. An area for cleaning equipment or a mobile food unit.

2. "Commercially processed" means FOOD prepared or packaged by a FOOD manufacturer or licensed-permanent FOOD ESTABLISHMENT compliant with LAW.

3. "County" means a public health services district, local health department, department of environmental services, or department of environmental quality authorized to issue a mobile food unit state-license.

4. "Individually packaged" means pre-packaged FOOD that are ready for consumption and are not re-packaged prior to sale to consumers.

5. "Food manufacturer" means a business engaged in making FOOD from one or more ingredients, or synthesizing, preparing, treating, modifying or manipulating FOOD, including FOOD crops or ingredients.

6. "Other servicing area" means a facility that may provide one or more services, such as:

a. Disposing of refuse,

b. Disposing of wastewater,

c. Recharging potable water tank,

d. Disposing of excreta, or

e. Cleaning mobile food unit.

7. "Permit" means a document issued by a county authorizing a state-licensed mobile food unit, whose state-license was issued by a different county, to operate in the county issuing the permit according to A.R.S. § 36-1761(A)(3).

8. "Pre-packaged foods" means edible products sealed in a box, bag, can, or other container and sold to retailers or consumers in the same packaged box, bag, can, or other container.

9. "State-license" means a document:

a. Issued by the county where a mobile food unit's commissary is located according to A.R.S. 36-1761(A)(3)(c); and

b. Authorizes the mobile food unit to dispense FOOD for immediate service and human consumption.

10. "Statewide inspection" means a visual examination of a mobile food unit to ensure that the mobile food unit meets the standards specified A.R.S. § 36-1761 and in this Article.

B. A mobile food vendor shall not operate a mobile food unit:

1. Without a state-license authorizing the mobile food unit to dispense FOOD for immediate service and human consumption;

2. Without a service agreement with an APPROVED commissary according to A.R.S. § 36-1761(A);

3. In another county, other than the county that issued the mobile food unit's state-license, without a permit authorizing the mobile food unit to dispense FOOD for immediate service and human consumption; and

4. If the mobile food unit maintains or engages in a public health nuisance specified A.R.S. § 36-601.

C. A mobile food vendor shall for each mobile food unit:

1. Obtain a state-license that includes a statewide inspection specified in subsection (H).

2. Obtain a renewal state-license annually that includes a statewide inspection specified in subsection (H).

3. Except for the county in which a mobile food unit has a state-license, obtain a permit annually for each county where the mobile food unit operates.

4. Ensure all employees have a valid food handler card or a certificate from an accredited food handler training-provider as specified in the FC.

5. Comply with random statewide inspections at no additional cost except as provided in A.R.S. § 11-269.24.

D. A mobile food unit:

1. Shall display in a conspicuous location for public viewing the mobile food unit's:

a. State-license, and

b. County permits, if applicable.

2. Shall clearly indicate on the sides or back of the exterior of the vehicle in permanent letters the name of the licensed FOOD ESTABLISHMENT.

3. Shall report to a commissary or other serving area, as applicable, at least every 96 hours following A.R.S. § 11-269.24 or as determined by the county in which the mobile food unit's commissary is located for receiving necessary services during operations to ensure public health and safety.

4. May sell a cottage FOOD prepared for commercial purposes specified in R9-8-118(B)(13).

5. Is not required to operate a specific distance from the perimeter of an existing commercial establishment or restaurant.

6. Shall operate during hours determined by the mobile food vendor.

7. Shall ensure toilet facilities are accessible to employees at a location where the mobile food unit is proposed to stay during all hours of operation.

E. A mobile food unit's state-license shall indicate the mobile food unit classification based on the type of FOOD dispensed and the amount of handling and preparation required:

1. Type I mobile food unit is a FOOD ESTABLISHMENT that dispenses FOOD that are commercially processed, individually PACKAGED and frozen that requires time/temperature control for safety.

2. Type II mobile food unit is a FOOD ESTABLISHMENT that dispenses FOOD that requires limited handling and preparation and:

a. Includes assemble-serve, heat-serve, and hold-serve of commercially processed FOOD;

b. Except for bacon-wrapped hotdogs pre-wrapped at a mobile food unit's commissary, shall not cook raw animal FOOD for service from the mobile food unit;

c. Shall only use produce that is commercially pre-washed or washed in advance at a commissary; and

d. All cooking, processing, preparing, grilling, assembling, storage, and service of any FOOD shall be conducted from the mobile food unit and commissary.

3. Type III mobile food unit is a FOOD ESTABLISHMENT that prepares, cooks, holds, and serves FOOD and:

a. Includes assemble-serve, heat-serve, cook-serve, and hold-serve of commercially processed FOOD;

b. May prepare raw animal FOOD for service from the mobile food unit; and

c. All cooking, processing, preparing, grilling, assembling, storage, and service of any FOOD shall be conducted inside the mobile food unit and commissary.

F. A mobile food vendor for each mobile food unit shall have a written agreement with a commissary or other servicing area, as applicable, located in the county that issues a mobile food unit's state-license:

1. Is APPROVED by a REGULATORY AUTHORITY as safe and sanitary for FOOD preparation consistent with the FC and other state statutes and laws;

2. Has a signed agreement with a commissary that includes:

a. The commissary's name, address, and telephone number;

b. The commissary's permit number issued by a REGULATORY AUTHORITY;

c. The mobile food vendor's name, address, and telephone number;

d. The manager's name, address, and telephone number, if applicable;

e. A list of services to be provided to the mobile food vendor; and

f. The expiration date of the agreement, if applicable; or

3. Has a signed agreement with an other servicing area that includes:

a. The other servicing area's name, address, and telephone number;

b. The other servicing area's permit number, if applicable, issued by a REGULATORY AUTHORITY or other jurisdiction having authority to regulate the other servicing area;

c. The mobile food vendor's name, address, and telephone number;

d. The manager's name, address, and telephone number, if applicable;

e. A list of services to be provided to the mobile food vendor; and

f. The expiration date of the agreement, if applicable.

G. A mobile food vendor for each mobile food unit shall maintain a service log in a Department-provided format that:

1. Documents the type of services, specified in Subsection (E), and dates received;

2. Is maintained in the mobile food unit for at least a period of 30 days; and

3. Is made available to a REGULATORY AUTHORITY upon request.

H. In addition to complying with the FC incorporated by reference in this Article, a mobile food unit is required to maintain general physical and operation requirements for:

1. Installation of compressors, generators, and similar mechanical units that are not an integral part of the FOOD preparation or storage equipment;

2. Waste disposal requirements during and after operation on public or private property, which may not include the size or dimensions of any required solid waste receptacle; and

3. A mobile food unit and equipment used in the mobile food unit shall:

a. Be free of dirt, debris, insects, and vermins;

b. Be maintained in a clean and sanitary condition;

c. Be in good repair and maintained according to manufacturer's requirement, as applicable;

d. Be properly ventilated; and

e. Not maintain or engage a public health nuisance.

I. A mobile food unit statewide inspection shall ensure:

1. A Type I mobile food unit:

a. Has equipment, including compressors, generators, and similar mechanical units approved by the National Sanitation Foundation or American National Standards Institute;

b. If selling or dispensing open FOOD, has a handwashing station that:

i. Is at least a 5 gallon insulated container for potable water that ensures proper handwashing consistent with FC;

ii. Has a catch-bucket to retain waste water generated from handwashing that is 15% greater than the potable water tank; and

iii. Has adequate soap and paper towels for time in service; and

c. Does not cook, prepare, or assemble FOOD.

2. A Type II mobile food unit:

a. Has equipment, including compressors, generators, and similar mechanical units are approved by the National Sanitation Foundation or American National Standards Institute;

b. Has a potable water tank that is at least five gallons;

c. Has a waste water tank that is 15% greater than the potable water tank and any other applicable hot water storage or water storage capacity;

d. Has a handwash sink;

e. Has a combination mixing faucet of hot and cold water at all sinks;

f. Has plumbing connections;

g. Has a waste water tank to drain at lowest point of tank;

h. Has a water tank with a fill connection located at the top;

i. Has a National Sanitation Foundation or American National Standards Institute approved FOOD grade water hose;

j. Has a water heater or other APPROVED hot water source; and

k. Has a quick-disconnect design for sewer and potable water.

3. In addition to Subsection (2)(a) through (k), a Type III mobile food unit:

a. Has a three-compartment sink that includes:

i. A potable water system under pressure, supplying hot and cold water with a minimum capacity of 30 gallons permanently installed for warewashing, sanitization, and handwashing;

ii. A waste water capacity that is 15% greater than the potable water tank; and

iii. A minimum flow rate of one-half gallon per minute; and

b. May include a FOOD preparation sink for the purpose of washing product if an additional 20 gallons of potable water is available for use.

J. Except for the Department, regulatory authorities through delegation in the county where a mobile food vendor's commissary is located shall issue state licensure and statewide inspection standards adopted pursuant to this section.

Ariz. Admin. Code § R9-8-110

Amended by final rulemaking at 26 A.A.R. 1516, effective 7/8/2020.