S.C. Code Regs. § ch. 61, 61-25, ch. 61-25.9, pt. 61-25.9-8

Current through Register Vol. 48, 12, December 27, 2024

Part 61-25.9-8 - TEMPORARY FOOD SERVICE ESTABLISHMENTS

This standard shall apply to the construction and operation of a temporary food establishment.

(A)Definitions.

A temporary food service establishment is defined as an establishment that may be authorized by the Department to operate at a fixed location for a period of time not to exceed fourteen (14) consecutive days in connection with a fair, carnival, circus, trade show, movie or filming location, golf or other national sporting events, and other transitory gatherings organized by the community. This standard also applies to retail food service establishments that operate in an area affected by a natural or man-made disaster and where a state of emergency or a public health emergency has been declared.

(B)General.

(1) Temporary food service establishments shall comply with all applicable sections of this regulation except as outlined in this standard.

(2) The Department may prohibit the distribution of certain time/temperature control for safety food, and may modify specific requirements for physical facilities when, in the opinion of the Department, no health hazard will result.

(C)Employees.

(1) Food vendors and/or employees shall 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 utensils.

(2) Personal clothing and belongings shall be stored in a designated place away from food preparation, food service, dry storage areas, utensil and single-use article storage, and utensil washing areas.

(D)Food.

(1) All food/ice shall be obtained from sources approved by the Department.

(2) All food items shall be protected from contamination during transportation, storage, cooking, display, and service.

(3) All food vendors shall prepare, hold, and serve food according to all applicable sections of Chapter 3, Food.

(4) All time/temperature for safety food cooked offsite shall be provided by a retail food establishment or mobile food establishment permitted under this regulation.

(5) Time/temperature for safety foods that have been cooked or are in hot holding at any point during the daily operating hours shall be discarded at the end of the day.

(6) Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection or offered in individual packages.

(7) Cakes, breads, and cookies that are not made at a permitted retail food establishment may be offered for sale only if they are not a time/temperature for safety food.

(8) Ice shall be obtained in closed single-service bags or approved covered containers and shall be protected from contamination. Ice used as a coolant for foods shall not be used for edible ice.

(9) Each temporary food service establishment shall have at least one temperature measuring device for checking temperatures of food that meets the following requirements:

(a) Able to be calibrated; and

(b) Appropriate for the food density being checked.

(E)Service.

(1) During operations, food shall be stored, cooked, displayed, and served from the temporary food service establishment only.

(2) Customer self-service of unpackaged time/temperature control for safety foods is prohibited.

(3) Temporary food service establishments shall provide only single-service articles for use by the consumer.

(4) Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection or offered in individual packages.

(5) In use wiping cloths must be stored in clean solution of an approved sanitizer.

(6) A test kit that accurately measures the parts per million concentration of an approved sanitizer shall be accessible and used.

(7) Food shall be kept covered except during times of continuous serving or display.

(8) Covers or lids may be removed only for monitoring, stirring, or adding additional ingredients.

(F)Construction.

(1) Floors shall be constructed of concrete, asphalt, tight wood, or other similar cleanable material.

(2) Floors shall be kept clean and in good repair.

(3) Walls shall be constructed of a solid, easily cleanable material.

(4) Screening may be used above wainscot height, four (4) feet, on walls and must be at least sixteen (16) mesh per inch.

(5) Studs and joists may be exposed, provided they are sealed.

(6) Ceilings shall be constructed of a solid, easily cleanable material.

(7) Exposed ceiling joists and rafters may be allowed, provided they are sealed.

(8) Light bulbs and fluorescent tubes shall be shielded, coated, or otherwise shatter-resistant and provide at least twenty (20) foot candles of illumination.

(9) All outside openings shall be protected against insects by tight-fitting, self-closing doors, closed windows, screening, approved air curtains, or other means.

(10) Canvas flaps or other effective devices may be required to protect against blowing contamination where screening is used.

(11) Counterservice openings shall be equipped with approved air curtains, self-closing windows, or free-falling windows or screens that must be at least sixteen (16) mesh per inch. Where air curtains are used, the size of the openings shall be limited so that the fans effectively prevent the entrance of flying insects.

(12) A temporary food establishment shall be equipped with a warewashing sink with at least three (3) compartments large enough to accommodate two thirds of the largest utensil. This requirement shall not apply to temporary food establishments engaged only in the dispensing of prepackaged food.

(13) The warewashing sink shall be supplied with hot and cold water under pressure, equipped with a mixing faucet that is capable of servicing all sink compartments.

(14) Adequate refrigeration shall be provided.

(15) A temperature measuring device shall be provided for each refrigeration unit.

(16) Equipment shall be installed in a manner that allows it to be maintained in a sanitary condition.

(17) Ice and beverages may be dispensed in the serving area if protected from contamination. This area must be sheltered but is not required to be screened or enclosed.

(G)Handwashing Sinks.

(1) All temporary food service establishments shall have a separate handwashing sink, equipped with hot and cold water under pressure through a mixing valve or combination faucet.

(2) The handwashing sink shall be separated from food and food contact surfaces by either a splashguard or a distance of at least twelve (12) inches.

(3) Soap and disposable paper towels must be provided and be adjacent to the handwashing sink.

(4) Gloves and/or hand sanitizers shall not be allowed as a substitute for handwashing facilities.

(H)Water system.

(1) Drinking water hoses shall be made from food grade materials and shall be a different color from hoses used for sewage.

(2) Drinking water hoses shall be capped or covered when not in use and shall be stored separately from sewage hoses.

(3) When attached to a drinking water system, the temporary food service establishment shall be equipped with an approved backflow prevention device.

(4) Connections to the drinking water and sewage tanks shall be different types or sizes to eliminate contamination of the drinking water supply.

(5) Sewage and drinking water hose connections shall not be interchangeable.

(6) Water heaters with sufficient capacity shall be provided in facilities that prepare and serve time/temperature for safety food.

(I)Sewage Retention.

(1) Sewage that is not directly discharged into an approved sewage system shall be kept in closed containers adequate in number and capacity to prevent spillage and must be discharged into an approved sewage disposal system as often as needed.

(2) All sewage lines shall be connected to sewage tanks with watertight seals.

(3) Used cooking oil shall be disposed of in an approved manner.

(4) Adequate and approved toilet facilities shall be provided.

(5) Adequate trash cans and other sanitary facilities, as deemed necessary by the Department, shall be provided to support the temporary food service establishments operating at the event.

(J)Specific Exemptions.

(1) Temporary food service establishments are exempt from the requirements for training certification in 2-102.12(B).

(2) Temporary food service establishments that provide foods pursuant to 8-301.12(A)(11),(12),(19) and (20) of this regulation are exempt from the requirements of this standard.

(K)Authorization.

(1) No person, retail food establishment, or mobile food unit may serve time/temperature for safety food at a temporary food service establishment unless the sponsoring entity obtains authorization from the Department.

(2) The sponsoring entity of an event where temporary food service establishments will operate shall appoint an Event Coordinator as a point of contact.

(3) Any sponsoring entity that operates or proposes to operate an event where temporary food service establishments will operate shall apply for authorization on the form provided by the Department prior to commencement of the event. The following information shall be submitted with the application:

(a) Event Coordinator name and contact information;

(b) The dates of the fourteen (14) consecutive days of operation;

(c) A list of temporary food service establishments, with contact information, that will operate at the event; and

(d) The time that all temporary food service establishments are required to be ready for operation.

(4) Each temporary food service establishment shall be authorized by the Department prior to serving food to the public at the event.

(5) The Department may require a sponsoring entity or a temporary food service establishment to submit information sufficient to determine if the definition and requirements of this standard or regulation are met. This information may include, but is not limited to, information defining the fair, carnival, circus, or organized event, event schedule(s), hours of food vendor operations, vendor list and foods specific to those vendors, and vendor contact information.

(6) All food vendors shall meet the requirements for temporary food service establishment.

(7) Food vendors shall not be allowed to operate under the requirements of Sections 9-9, Community Festivals, 9-10, Special Promotions, or 9-11, Retail Food Establishment - South Carolina Farmers Markets, Seasonal Series, and Remote Service, of this regulation.

(8) When the Department determines that a sponsoring entity or a temporary food service establishment has violated applicable provisions of this standard or regulation, the Department may issue a written notice directing any or all temporary food service establishments to cease operations until the violations are corrected as determined by the Department.

(9) Any temporary food service establishment that proposes to operate at one event and location for more than fourteen (14) days, either by remaining in operation for additional consecutive days, or by reopening after a short period of closure, shall comply with the requirements for, and be permitted as, a retail food establishment or a mobile food establishment.

(10) If a retail food service establishment is operating as a temporary food service establishment in an area affected by a natural or man-made disaster after a state of emergency or a public health emergency has been declared, it may be allowed to exceed fourteen (14) consecutive days of operation if approved by the Department.

S.C. Code Regs. ch. 61, 61-25, ch. 61-25.9, pt. 61-25.9-8

Replaced and amended by State Register Volume 38, Issue No. 6, eff 6/27/2014; State Register Volume 43, Issue No. 05, eff. 5/24/2019.