Md. Code Regs. 10.15.03.15

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.15.03.15 - Food Equipment and Utensils

A. The person-in-charge shall ensure that:

(1) Except as provided in §§A(2) and (14) and B of this regulation, food equipment meets one or more of the following design standards:

(a) National Sanitation Foundation (NSF) or equivalent sanitation certification from:

(i) The Etlsemko division of Intertek Group PLC (Intertek ETL SEMKO);

(ii) Canadian Standards Association (CSA); or

(iii) Underwriters Laboratories (UL);

(b) Baking Industry Sanitation Standards Committee;

(c) National Automation Merchandizing Association;

(d) International Association of Milk and Food Sanitarian's "3-A Sanitary Standards"; or

(e) Another applicable published standard acceptable to the approving authority;

(2) When design standards conflict with State laws, codes, or regulations, the State laws, codes, or regulations are followed;

(3) Equipment and utensils are designed, constructed, and maintained to:

(a) Accomplish the intended and required functions;

(b) Protect food from internal and external contamination;

(c) Be durable under normal conditions and operations;

(d) Be resistant to:

(i) Denting;

(ii) Buckling;

(iii) Pitting;

(iv) Chipping;

(v) Crazing; and

(vi) Excessive wear;

(e) Have non-food contact surfaces where exposed to splash, food debris, or other soils that are:

(i) Smooth;

(ii) Washable; and

(iii) Readily accessible;

(f) Withstand repeated scrubbing, scouring, corrosive action of food, cleansers, and sanitizing agents; and

(g) Prevent harboring of soils, bacteria, or pests:

(i) In or on the equipment; and

(ii) Between the equipment and other equipment, floors, walls, or supports;

(4) Materials used as food contact surfaces of equipment are:

(a) Nontoxic;

(b) Unable to contaminate or be absorbed by food under the conditions of use;

(c) Non-porous and nonabsorbent; and

(d) Except for the use of cast iron as a food contact material if the surface is to be heated, corrosion resistant;

(5) Food contact surfaces of equipment and utensils are designed, constructed, and maintained to be:

(a) Smooth;

(b) Easily cleanable;

(c) In good repair;

(d) Free of difficult to clean internal corners and crevices;

(e) Self-emptying or self-draining if an interior surface;

(f) Visible or readily disassembled for inspection; and

(g) Readily:

(i) Accessible for manual cleaning without tools; or

(ii) Disassembled with the use of simple tools kept available near the equipment;

(6) Equipment designed for pressurized cleaning-in-place is designed, constructed, and maintained to:

(a) Fully circulate cleaning and sanitizing solutions through a fixed system in which the solutions will contact all interior food contact surfaces;

(b) Self-drain or otherwise completely evacuate all cleaning solutions; and

(c) Effectively clean and sanitize all food contact surfaces without disassembly;

(7) Cutting blocks, bakers tables, and similar wood food contact surfaces are made from:

(a) Hard maple; or

(b) Another material that is:

(i) Nontoxic;

(ii) Smooth; and

(iii) Free of cracks, crevices, and open seams;

(8) Lubricants used on bearings and gears of equipment are food-grade;

(9) Except for equipment that is portable, equipment that is placed on tables or counters is:

(a) Sealed in place;

(b) Mounted on legs or feet at least 4 inches high; or

(c) Installed to allow cleaning of the equipment and adjacent areas;

(10) Floor-mounted equipment is:

(a) Elevated:

(i) At least 6 inches above the floor; and

(ii) So that food contact surfaces are at least 18 inches above the floor; and

(b) Placed so that there is sufficient space for cleaning between:

(i) Adjoining units; and

(ii) A unit and the adjacent walls;

(11) The spaces between adjoining equipment are closed and sealed if exposed to seepage;

(12) Aisles or working spaces between equipment and between equipment and walls are:

(a) Unobstructed and of sufficient width to permit employees to perform duties without contaminating food or food-contact surfaces by clothing or personal contact; and

(b) In a new facility or a facility that is remodeled, a minimum width of:

(i) 3 feet where food preparation occurs on only one side of the aisle;

(ii) 4 feet where food preparation occurs on both sides of the aisle and employees work back to back;

(iii) 5 feet where food preparation occurs on both sides of the aisle, employees work back to back, and other employees must pass through the area; or

(iv) Another width approved by the approving authority based on a review that indicates compliance with §A(12)(a) of this regulation;

(13) Equipment is installed and located to limit the potential for cross-contamination of food;

(14) When an existing piece of equipment ceases to operate:

(a) Equipment intended for temporary use is:

(i) Acceptable to the approving authority; and

(ii) In compliance with §A(3)- (8) of this regulation;

(b) Equipment is replaced:

(i) With equipment that meets the requirements of this regulation; and

(ii) Within 30 working days from the date the permanent replacement plan required in §A(14)(c) of this regulation is accepted by the approving authority; and

(c) The approving authority is provided plans for permanent replacement of the failed unit within 10 working days after the failure of the unit; and

(15) A vending machine containing potentially hazardous foods has an automatic control that prevents the machine from vending food:

(a) If there is a power failure, mechanical failure, or other condition resulting in an internal machine temperature that cannot maintain food temperatures as specified in Regulation .06B(7) of this chapter; and

(b) Until serviced and working properly.

B. The approving authority may allow the use of equipment that meets §A(3)-(10) of this regulation but fails to comply with §A(1) of this regulation if a review indicates the equipment and its use are:

(1) Not harmful to public health; and

(2) Consistent with industry standards and practice.

Md. Code Regs. 10.15.03.15

Regulations .15 adopted effective March 4, 1991 (18:4 Md. R. 447)
Regulations .15 adopted effective December 17, 2007 (34:25 Md. R. 2211)
Regulation .15 amended effective March 19, 2010 (37:4 Md. R. 341)
Regulation .15A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1607); amended permanently effective January 24, 2011 (38:2 Md. R. 83); amended effective 47:20 Md. R. 875, eff. 10/5/2020