Okla. Admin. Code § 340:110-3-299

Current through Vol. 42, No. 7, December 16, 2024

Section 340:110-3-299 - Food service

(a)General.

(1)Food service. When the program provides food service, including limited food service, the program is required to meet the requirements, per this Section, unless the requirements specifically state otherwise.

(2)Limited food service. Limited food service is when the program serves only foods having no required time and temperature control for safety (non-TCS) for immediate consumption and uses only single-service food-contact items, per (k) of this Section. However, milk and milk products may be served to children and used in occasional children's cooking activities.

(A) Limited food service also includes parent-provided meals, snacks, or both, when the program:

(i) only provides or supplements food , per limited food service requirements, including on field trips; and

(ii) sends reusable food-contact items home daily.

(B) When the program only provides limited food service:

(i) the program is exempt from:

(I) Oklahoma State Department of Health (OSDH) inspections, per Oklahoma Administrative Code (OAC) 340:110-3-276(c) and (d);

(II) food service training, per OAC 340:110-3-284.3(c); and

(III) a separate hand washing sink, per OAC 340:110-3-300(n);

(ii) some requirements in this Section do not apply, such as the requirements regarding:

(I) foods having required time and temperature control for safety (TCS). However, when milk is served, the milk requirements, per (b) of this Section apply. When conducting children's cooking activities, the TCS food requirements apply depending on ingredients used;

(II) a minimum quantity of food-contact items;

(III) a refrigerator, unless foods require refrigeration, including parent provided foods. When applicable, program policy informs parents refrigeration is not provided;

(IV) a microwave, unless foods are microwaved, including parent provided foods; and

(V) cooking devices, unless used for occasional children's cooking activities.

(b)Food supplies.

(1)Food sources. The food source requirements in (A) through (C) of this paragraph are met.

(A) Food is from OSDH-approved sources, such as commercially produced products, or raw fruits and vegetables from farmers' markets and gardens, including personal and program's gardens.

(B) Only commercially pre-packaged, non-TCS food items and raw fruits and vegetables may be provided from individual homes for a group.

(C) Food is free from spoilage, contamination, and safe for human consumption.

(2)Home-canned and hermetically sealed food. Individually home-canned food and food in hermetically sealed containers, not prepared in a food processing establishment, is not used by the program. However, parents may provide homemade baby foods.

(3)Milk products. Milk products meet the requirements in (A) through (C) of this paragraph.

(A) For drinking, only Grade A pasteurized fluid milk and fluid milk products are used.

(B) Pasteurized dry milk and evaporated milk are used for cooking purposes only.

(C) Milk may be transferred from the original container to other containers.

However, milk removed from the original container is not returned to the original container or stored for later use.

(4)Meat, poultry, and fish. Meat, poultry, and fish are obtained from approved sources and inspected by appropriate governmental authorities.

(5)Ice. Ice, used for any purpose, is made from an approved water source and manufactured, stored, transported, and handled in a sanitary manner.

(c)Time and temperature control for safety foods.

(1)Cooking. TCS foods requiring cooking are heated to at least 165 degrees Fahrenheit (F) for 15 seconds, except as specified in (2) through (4) of this subsection.

(2)Ground Beef. Ground beef is cooked to at least 155 degrees F and until the juice is clear and the meat is no longer pink.

(3)Poultry, stuffed meats, and stuffings. Poultry, poultry stuffings, stuffed meats and stuffings containing meat are heated to at least 165 degrees F with no cooking process interruption.

(4)Pork. Pork and any food containing pork are heated to at least 155 degrees F.

(5)Egg products. Only clean, whole-shell, non-cracked eggs meeting AA, A, or B grade standards are used. Eggs are stored at 41 degrees F or below.

(A) Raw, unpasteurized eggs are not used in uncooked food, such as ice cream and eggnog.

(B) Shelled raw eggs are not held more than four hours.

(6)Reheating foods. When TCS foods are cooked and then refrigerated, foods are reheated to 165 degrees F or higher before being served.

(d)Protecting food.

(1)General. Foods are covered and protected from contamination, including cross-contamination between raw and cooked foods, toxic substances, or insects or rodents while being stored, prepared, displayed, dispensed, packaged, or transported.

(2)Bare-hand contact. Personnel:

(A) minimize bare-hand contact while preparing food; and

(B) do not touch unpackaged, ready-to-eat food with bare hands. A barrier, such as gloves, utensils, or wax paper is used when preparing and serving these foods.

(3)Temperature. Perishable foods, including fruits and vegetables, are stored at proper temperatures.

(A) TCS foods are maintained at 41 degrees F or below or 135 degrees F or above, except during preparation and service.

(B) Frozen foods are maintained at 0 degrees F or below, except when being thawed:

(i) in a refrigerator at 41 degrees F or below;

(ii) under running drinking water at 70 degrees F or below;

(iii) using the defrost setting on a microwave, provided the food is immediately transferred to conventional cooking equipment without cooking process interruption; or

(iv) as part of cooking processes.

(4)Ice chest. When an ice chest is used on field trips for refrigeration:

(A) the food or milk is served within four hours and is not re-served or re-refrigerated;

(B) packaged food and drinks are not stored in contact with the water or undrained ice;

(C) self-wrapped sandwiches are not stored in direct contact with the ice; and

(D) ice used for refrigeration is not used for any other purpose.

(5)Damaged and unlabeled cans. Food from damaged or unlabeled cans is not used.

(6)Poisonous and toxic materials. Only materials required to maintain sanitary food service area conditions are used or stored in the food service areas. Materials are clearly identified and stored in a segregated area away from the food, such as under a sink or in a closed cabinet in the storage area.

(e)Preparing food.

(1)Cross-contamination prevention. Food is prepared on clean, sanitized, food-contact surfaces and with clean, sanitized, food-contact items. Each new preparation operation begins with clean, sanitized, food-contact surfaces and items, when changing between preparation of:

(A) raw beef, pork, poultry, or seafood; and

(B) raw to ready-to-eat foods, including raw fruits and vegetables.

(2)Fruits and vegetables. Raw fruits and vegetables are thoroughly washed with drinking water before being cooked or served.

(f)Re-serving food.

(1)Portions. Individual and family-style food portions are not re-served.

(2)Wrapped food. Wrapped food properly maintained and not unwrapped may be re-served.

(g)Transporting food.

(1)Temperature. During transportation, TCS food is maintained at 41 degrees F or below or 140 degrees F or above.

(2)Storage. During transportation, food is in covered containers, completely wrapped, or packaged.

(h)Catering food.

(1)Food source. When catering services are used, food is obtained from an OSDH-licensed food service establishment.

(2)Approval. Meal transportation procedures and equipment are OSDH-approved.

(i)Food-contact items and surfaces.

(1)Condition. Food-contact surfaces and items, such as kitchenware, utensils, tableware, service items, and storage items are:

(A) constructed of safe, non-toxic materials; and

(B) smooth, non-absorbent, easily cleanable, durable, and in good repair.

(2)Quantity. An adequate quantity of food-contact items is available for at least one meal for the licensed capacity. However, when the program does not serve meals or snacks to the entire licensed capacity, the program is only required to have an adequate quantity for the children eating.

(j)Equipment.

(1)Installation. Equipment is installed to provide equipment and adjacent area cleaning.

(2)Refrigerators. Refrigerators maintain food at 41 degrees F or below. Ice chests are not a replacement for storage.

(3)Thermometers. The thermometer requirements in (A) and (B) of this paragraph are met.

(A) Thermometers are clearly visible in each refrigerator and freezer used for children's food, unless equipped with functioning built-in thermometers.

(B) A temperature measuring device is available to check cooking temperatures.

(4)Microwaves. The microwave requirements in (A) and (B) of this paragraph are met.

(A) Personnel are instructed in assessing safe temperatures when warming children's food.

(B) A warning is posted, per OAC 340:110-3-281.1(f).

(k)Cleaning and sanitizing.

(1)Cooking devices and refrigerators. Cooking devices and refrigerators do not have soil, food particle, encrusted grease deposit, or other debris accumulations.

(2)Food-contact items and surfaces. Food-contact items and surfaces are washed, rinsed, and sanitized after each use by using one method in (A) through (D).

(A) Automatic dishwashers, commercial or domestic, may be used provided the heat or chemical sanitizing cycles are properly installed and the machine allows sanitizing cycle completion without opening the machine. Sanitizing cycle effectiveness is determined by generally accepted test methods and test kits.

(B) Manual dishwashing may be conducted provided the requirements in (i) and (ii) of this subparagraph are met.

(i) Three-compartments are used for washing, rinsing, and sanitizing with a:

(I) three-compartment sink; or

(II) one or two-compartment sink with added containers.

(ii) Items are washed, rinsed, sanitized, and dried in this order.

(I) Sinks and containers are cleaned prior to use.

(II) In the first compartment, items are thoroughly washed with a food grade detergent in a clean solution.

(III) In the second compartment, items are rinsed with clean water until free of detergent and abrasives.

(IV) In the third compartment, items are sanitized by immersion in a clean sanitizing solution, unless the equipment design prevents immersion. The solution is required to contain a food grade sanitizer, such as bleach, per OAC 340 Appendix NN - Cleaners, Sanitizers, and Disinfectants.

(V) Items are air-dried, in a self-draining position, before being stored.

(C) Single-service food-contact items, such as plastic utensils and paper plates, may be used when the program provides limited food service or does not have adequate and effective cleaning and sanitizing facilities. Single-service food-contact items are:

(i) stored in closed cartons or containers protecting from contamination;

(ii) used for preparation and service; and

(iii) used only once.

(D) Stationary food-contact surfaces, such as counters and appliances are cleaned and sanitized.

(l)Storage area.

(1)Location. Food and food-contact items are stored above the floor, in a clean, dry location.

(2)Quantity. Adequate space is provided for food and food-contact item storage.

(m)Food service personnel.

(1)Health. Food service personnel are prohibited when required, per OAC 340:110-3-283(e).

(2)Hygiene. Personnel:

(A) wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty;

(B) wash hands, per OAC 340:110-3-294(a); and

(C) do not wash hands in the food preparation or dishwashing sinks.

(n)Food service - children 1 year of age and younger. Additional food service requirements are met, per OAC 340:110-3-298(f).

Okla. Admin. Code § 340:110-3-299

Amended and renumbered from 340:110-3-31 at 32 Ok Reg 704, eff 1-1-16 (emergency)

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/15/2016

Amended by Oklahoma Register, Volume 39, Issue 15, April 15, 2022, eff. 6/1/2022.

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 9/15/2023