007-04-93 Ark. Code R. § 4

Current through Register Vol. 49, No. 6, June, 2024

Rule 007.04.93-004 - Amendment to Food Service Establishments Regulations

Section I. Authority

The following amendments are proposed pursQant to the Authority expressly conferred by the Laws of the State of Arkansas including, without limitation, Act 96 of 1913 (A.CA. 20-7-109 ) and Act 415 of 1953 (A.C.A. 20-56-201 thru 20-56-223 ).

Section II. Purpose

To amend the Rules and Regulations Pertaining to Food Service Establishments as follows: by changing the terms inspection and inspection report form to assessment and assessment report form; by the addition of a subsection specifying specific cooking temperatures for ground beef; by generally updating and clarifying the mobile food unit and temporary food unit sections; by changing the term food service permit to food establishment permit; and by adding compliance requirements for tobacco sales to minors.

Section III. General Requirements

(a) Amend Section 2-403 by the addition of subsection (c) to read as follows:

(b) Amend Section 8-101 to read as follows:

Mobile food units or pushcarts shal1 comply wi th requirements of this chapter. The Health Authority may impose additional requirements to protect against health hazards related to the conduct of the food service establishments as a mobile operation and may prohibit the sale of some or all potentially hazardous foods. Mobile food units may not operate longer than 14 consecutive days without returning to an approved servicing area for a period of no less than 24 hours for the purpose of servicing, supplying, and cleaning.

(c) Delete Section 8-102

(d) Amend Section 8-103 to change section number to 8-102

(e) Amend Section 8-104 to change section number to 8-103 and read as follows:

A mobile food unit requiring a water system shall have a potable water system under pressure permanently affixed to the unit. The system shall be of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing and handwashing in accordance with these Regulations. The water inlet shall be located so that it will not be contaminated by waste discharge, road dust, oil, or grease and it shal 1 be kept capped unless being filled.

The water inlet shall be provided with a transition connection of a size or type that will prevent its use for any other service. All water distribution pipes or tubing shall be constructed and installed in accordance with the requirements of these Regulations.

(f) Amend Section 8-105 to change the section number to 8-104

Reason: In additions to hazards created by the transport and service of food from a mobile food unit or pushcart, food served from such units or pushcarts is subject to the same potential contamination as that served in other food establishments. This means that a mobile food unit or pushcart must be regulated in the same manner and provi de to the customer the same degree of food protection offered by any food service establishment.

(g) Amend Section 8-201 to read as follows:

(a)Pushcarts shall operate from a commissary or other fixed food service establishment and shall 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 pushcarts shall be constructed and operated in compliance with the requirements of these Regulations.

Reason: All pushcarts servicing, cleaning and food supply operations must be conducted at a location meeting the requirements of these Regulations to ensure that the source of food and any incidental operation are not hazardous to the consumer.

(h) Amend Section 10-101 subsection (a), (b), (c) and add subsection (d) to read as follows:

(a) No person shall operate a food service establishment who does not have a valid food establ ishment permit issued to him by the Health Authority in accordance with Act 357 of 1977 (A.C.A. 20-57, 201 thru 20-57-205 ). Only a person who complies with the requirements of these Regulations shall be entitled to receive or retai n a food establishment permi t. Permi ts are not transferable. A valid permit shall be posted in every food service establishment.

(b) If tobacco products are sold, an approved sign must be conspicuously displayed. Vending machines must be placed in an acceptable location in accordance with Act 543 of 1991. ( 5-27-227 ). the Arkansas Tobacco Products Act.

Subsection (b) will become subsection (c) as it currently pertains to catering operations.

(d) All mobile and pushcart units shall have the permit number permanently affixed on the unit in an easily visible location.

(i) Amend Section 10-102 subsection (b) and (c) to read as follows:

(a) Any person desiring to operate a food service establishment shall make written application for a food establishment permit on forms provided by the Health Authority. Such application shall include the name and address of each applicant, the location of the proposed food service establishment and the signature of each applicant.

(b) Prior to approval of an application for a food establi shment permit, the Health Authority shall assess the proposed food service establishment to determine compliance with the requirements of these Regulations.

(c) The Health Authority shall issue a food establishment permit to the applicant if its assessment reveals that the proposed food service establishment complies with the requirements of these Regulations.

(j) Amend Section 10-103 to read as follows:

Procedures for the suspension and/or revocation of a food establishment permit shall be in accordance with Act 434 of 1967 CA.C.A. 25-15-201 thru 25-15-214 )

(k) Amend Section 10-201 entitled Inspections to read as follows:

Amend Section title to read Assessments

An assessment of a food service establishment shall be performed at least once every six months. Additional assessments of the food servi ce establi shment shall be performed as often as necessary for the enforcement of these Regulations.

(l) Amend Section 10-202 to read as follows:

Representatives of the Health Authority after proper identification shal1 be permi tted to enter any food service establishment at any reasonable time for the purpose of making assessments to determine compliance with these Regulations. The representatives shall be permitted to examine the records of the establi shment to obtain information pertaining to food and supplies purchased, received or used.

(m) Amend Section 10-203 to read as follows:

Whenever an assessment of a food service establi shment or commissary is made the findings shall be recorded on the assessment report form. The assessment report form shall summarize the requirements of these Regulations. A copy of the completed assessment report form shall be furnished to the person in charge of the establishment at the conclusion of the assessment.

(n) Amend Section 10-204 subsections (a) 2, (b), and (c) to read as follows:

(a) The completed assessment report form shal1 specify a reasonable period of time for the correction of the violations found; and correction of the violations shall be accomplished within the period specified in accordance with the following provisions:

(2) All critical items shall be corrected as soon as possible, but in any event within .20 days following assessment. A follow-up assessment shall be conducted to confirm correction.

(b) The assessment report shall state that failure to comply with any time 1 imits for corrections may result in cessation of food service operations. An opportunity for a hearing on the assessment findings or the item limitations or both will be provided if a written request is filed with the Health Authority within 10 days following cessation of operations. If a request for hearing is received, a hearing shall be held within 20 days of receipt of the request.

(c) Wherever a food service establi shment is required under the provisions of section 10-204 to cease operations it shall not resume operations unti1 it is shown on re-assessment that conditions responsible for the order to cease operation no longer exist. Opportunity for re-assessment shal 1 be offered within a reasonable time.

(o) Amend Section 10-302 entitled Pre-Operational Inspection to read as follows:

Amend Section title to read Pre-Operational Assessment

Whenever plans and specifications are required by Section 10-301 of these Regulations to be submitted to the Health Authority, the Health Authority shall assess the food service establishment prior to the start of operation, to determine compliance with the approved plans and specifications and with the requirements of these Regulations.

Section IV. Repeal

All Regulations and parts of Regulations in conflict herewith are hereby repealed.

Section V. Certification

This will certify that the foregoing Amendment to the Rules and Regulations Pertaining to Food Service Establishments was adopted by the Arkansas Board of Health at a regular session of said Board held in Little Rock, Arkansas on the 18ih_day ₀f October. 1993.

007.04.93 Ark. Code R. § 004

12/15/1993