N.J. Admin. Code § 8:24-3.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:24-3.3 - Protection from contamination after receiving

(a) Requirements for preventing contamination from hands include the following:

1. Food employees shall wash their hands as specified under 8:24-2.3.

2. Food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment, except when washing fruits and vegetables as specified under 8:24-3.3(g); provided that food employees may contact exposed, ready-to-eat foods with their bare hands after meeting the requirements set forth in 8:24-2.3(b) through (e), and in (a)4 below.

3. Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.

4. Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if the retail food establishment maintains written procedures that can be made available to the health authority upon request that include:

i. For each bare hand contact procedure, a listing of the specific ready-to-eat foods that may be touched by bare hands;

ii. Diagrams and other types of information showing that properly equipped handwashing facilities are provided in an easily accessible location and in close proximity to the work station where the bare hand contact procedure is conducted; and

iii. Documentation that food employees acknowledge that they have received training in:

(1) The risks of contacting the specific ready-to-eat foods with bare hands;

(2) Proper handwashing as specified in 8:24-2.3(b) and (c);

(3) When to wash their hands as specified in 8:24-2.3(f);

(4) Where to wash their hands as specified in 8:24-2.3(b); and

(5) Proper fingernail maintenance as specified in 8:24-2.3(i).

(b) Limitations for glove use include the following:

1. Single-use gloves shall be used for only one task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation.

2. Slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked such as frozen food or a primal cut of meat, except as specified in (b)3 below.

3. Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface; or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.

4. Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked such as frozen food or a primal cut of meat.

(c) Separation, packaging and segregation requirements for packaged and unpackaged food include the following:

1. Food shall be protected from cross contamination by:

i. Separating raw animal foods from any ready-to-eat foods during storage, preparation, holding, and display;

ii. Separating types of raw animal foods such as beef, fish, lamb, pork, and poultry from each other during storage, preparation, holding, and display, except when combined as ingredients. This separation of raw animal foods shall be accomplished by using separate equipment for each type of food, arranging each type of food in equipment so that cross contamination of one type with another is prevented, and preparing each type of food at different times or in separate areas;

iii. Cleaning and sanitizing equipment and utensils;

iv. Cleaning hermetically sealed containers of food of visible soil before opening;

v. Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;

vi. Storing damaged, spoiled, or recalled food being held in the retail food establishment as specified under 8:24-6.4;

vii. Separating fruits and vegetables, before they are washed, from ready-to-eat food; and

viii. Storing the food in packages, covered containers, or wrappings, except:

(1) Whole, uncut, raw fruits and vegetables and nuts in the shell, that require peeling or hulling before consumption;

(2) Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;

(3) Whole, uncut, processed meats such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks;

(4) Food being cooled; or

(5) Shellstock.

(d) Working containers holding food or food ingredients that are removed from their original packages for use in the retail food establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar, shall be identified with the common name of the food, except that containers holding food that can be readily and unmistakably recognized such as dry pasta need not be identified.

(e) Pasteurized eggs or egg products shall be substituted for raw shell eggs in the preparation of foods such as Caesar salad, hollandaise or Barnaise sauce, mayonnaise, meringue, eggnog, tiramisu and egg-fortified beverages that are not cooked to safe cooking temperatures.

(f) Requirements for protection from unapproved additives requirements include the following:

1. Food shall be protected from contamination that may result from the addition of the following, as specified in 8:24-3.2(g):

i. Unsafe or unapproved food or color additives; and

ii. Unsafe or unapproved levels of approved food and color additives.

2. A food employee shall not:

i. Apply sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1; or

ii. Serve or sell food intended for raw consumption that is treated with sulfiting agents before receipt by the retail food establishment, except that grapes need not meet the requirement in this subparagraph.

(g) Requirements for washing fruits and vegetables shall include the following:

1. Raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form, except as specified in (g)2 below and except that whole, raw fruits and vegetables that are intended for washing by the consumer before consumption need not be washed before they are sold.

2. Fruits and vegetables may be washed by using chemicals as specified under 8:24-7.2(g).

(h) Ice shall not be used as food after use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment.

(i) Requirements for storage or display of food in contact with water or ice shall include the following:

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 the nature of its packaging, wrapping, or container or its positioning in the ice or water;

2. Unpackaged food may not be stored in direct contact with undrained ice, except as specified in (i)3 and 4 below;

3. Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or water; and

4. Raw chicken and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.

(j) Food shall only contact surfaces of equipment and utensils that are cleaned and sanitized.

(k) During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:

1. In the food with their handles above the top of the food and the container, except as specified in (k)2 below;

2. In food that is not potentially hazardous, with their handles above the top of the food within containers of equipment that can be closed, such as bins of sugar, flour, or cinnamon;

3. On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified under 8:24-4.6 and 4.7;

4. In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;

5. In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not potentially hazardous; or

6. In a container of water if the water is maintained at a temperature of at least 135 degrees Fahrenheit and the container is cleaned at a frequency specified under 8:24-4.6.

(l) Linens and napkins may not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new consumer.

(m) Requirements for wiping cloths shall include the following:

1. Cloths that are in use for wiping food spills shall be used for no other purpose.

2. Cloths used for wiping food spills shall be:

i. Dry and used for wiping food spills from tableware and carry-out containers; or

ii. Wet and cleaned as specified under 8:24-4.10(b)4, stored in a chemical sanitizer at a concentration specified in 8:24-4.8(j)1, and used for wiping spills from food-contact and non food-contact surfaces of equipment.

3. Dry or wet cloths that are used with raw animal foods shall be kept separate from cloths used for other purposes, and wet cloths used with raw animal foods shall be kept in a separate sanitizing solution.

4. Wet wiping cloths used with a freshly made sanitizing solution and dry wiping cloths shall be free of food debris and visible soil.

5. Working containers of sanitizing solutions for storage of in-use wiping cloths may be placed above the floor and used in a manner to prevent contamination of food, equipment, utensils, linens, single-service or single use articles.

(n) A food employee may not use a utensil more than once to taste food that is to be sold or served.

(o) Requirements for using clean tableware for second portions and refills include the following:

1. Except for refilling a consumer's drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, food employees may not use tableware, including single-service articles, soiled by the consumer to provide second portions or refills.

2. Self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment, except as specified in (o)3 below.

3. Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process as specified under 8:24-4.2(m)1, 2 and 4.

(p) Requirements for refilling returnables follow:

1. A take-home food container returned to a retail food establishment shall not be refilled at a retail food establishment with a potentially hazardous food.

2. A take-home food container refilled with food that is not potentially hazardous shall be cleaned as specified under 8:24-4.6 except as specified in (p)3 below.

3. Personal take-out beverage containers, such as thermally insulated bottles, nonspill coffee cups and promotional beverage glasses, may be refilled by employees or the consumer only if refilling is a contamination-free process as specified under 8:24-4.2(m)1, 2 and 4.

(q) Food storage requirements include the following:

1. Except as specified in (q)2 and 3 below, food shall be protected from contamination by storing the food:

i. In a clean, dry location;

ii. Where it is not exposed to splash, dust, or other contamination; and

iii. At least six inches above the floor.

2. Food in packages and working containers may be stored less than six inches above the floor on case lot handling equipment such as dollies, pallets, racks, and skids.

3. Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.

(r) Food shall not be stored in locker rooms; toilet rooms; dressing rooms; garbage rooms; mechanical rooms; or under sewer lines that are not shielded to intercept potential drips; under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed; under open stairwells; or under other sources of contamination.

(s) During preparation, unpackaged food shall be protected from environmental sources of contamination.

(t) Food on display shall be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means, except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption.

(u) Condiments shall be protected from contamination by being kept in the following:

1. Dispensers that are designed to provide protection;

2. Protected food displays provided with the proper utensils;

3. Original containers designed for dispensing; or

4. Individual packages or portions.

(v) Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish shall not be offered for consumer self-service. This subsection does not apply to the following:

1. Consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish;

2. Ready-to-cook individual portions for immediate cooking and consumption on the premises such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue; or

3. Raw, frozen, shell-on shrimp or lobster.

(w) 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.

(x) Consumer self-service operations such as buffets and salad bars shall be monitored by food employees trained in safe operating procedures.

(y) Requirements for returned food and reservice of food include the following:

1. 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, except as specified in (y)2 below.

2. Except as specified under 8:24-3.7(a)2, a container of food that is not potentially hazardous may be transferred from one consumer to another if:

i. The food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or

ii. The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.

(z) Food shall be protected from contamination that may result from a factor or source not specified above.

N.J. Admin. Code § 8:24-3.3