13-018 Code Vt. R. 13-140-018-X
A regular food license expires annually, unless sooner revoked by the Board of Health as defined in the enforcement section of these regulations.
A license shall not be transferred from one person or corporation to another. If a licensed establishment is sold, the corporation changes, the establishment relocates or enlarges its operation, then the old license must be returned to the Department of Health. The proprietor or management must apply for and receive a new license before operating the business.
The food license shall be posted so as to be easily viewed by the patrons.
Any food service establishment that prepares and serves food for consumption on premises. Any person desirous of obtaining a food service establishment license must meet all of the requirements of the Department of Health, Vermont Health Regulations Chapter 5, Subchapter 2 Food Service Establishments, Sections 5-204 through 5-220. Any establishment doing off-premise catering must also have a commercial catering license or a fair stand license.
An establishment where food is prepared and wrapped in a home kitchen using only standard home kitchen equipment and sold on a take-out basis only or sold to commercial establishments for resale. Home caterers shall be inspected and approved under these regulations to the maximum extent feasible considering the fact that the establishment is located in the same facility the licensee uses as a primary residence. No animals or pets are allowed in the kitchen area while food is being prepared. Meat and poultry products, other than the sale of meals or as entrees directly to individual consumers, cannot be prepared in a home kitchen operation.
An establishment that prepares and serves steamed or rotogrill frankfurters and/or cold sandwiches for off-premise consumption, and whose major business is not the preparation and service of food. The use of a grill shall not be permitted in this category. These facilities must comply with Department of Health, Vermont Health Regulations Chapter 5, Subchapter 2 Food Service Establishments, Sections 5-204 through 5-219 with the following exceptions:
A catering operation based in a store, food stand, mobile unit, pushcart or other commercial establishment, or a home kitchen equipped with commercial equipment. This classification also applies to any food service establishment that prepares and sells food for takeout. All food sold shall be wrapped, covered or in some type of container that is made of clean, non-absorbent food grade material. Temporary outdoor seating for no more than 16 people may be allowed in this classification for establishments that operate fewer than six months of the year.
A food service establishment license will not be required of an establishment that provides only a heating oven for the purpose of heating previously prepared, prepackaged, or precooked food which is frozen or refrigerated; and where there is no other on-site preparation procedure involved and the food is intended for off-premise consumption.
If out-of-state caterers are to supply establishments in Vermont, then they must show evidence that they are licensed in their state and are maintaining sanitary standards at least equivalent to these regulations.
Establishments in this category who prepare or offer meat products, other than the sale of meals or as entrees directly to individual consumers, are required to be licensed by the Vermont Agency of Agriculture. The Agency of Agriculture will not license a home kitchen operation.
Any person desirous of obtaining a commercial caterer's license must meet the requirements of the Department of Health, Vermont Health Regulations Chapter 5, Subchapter 2 Food Service Establishments, Sections 5-204 through 5-219, with the following exceptions:
Be advised that food caterers must have a three-compartment sink and a handsink in the food preparation area (see Item 16. for exemption).
Requirements -- Mobile Units
The following requirements apply only to motorized units (vans, trucks or trailers pulled by cars or trucks) that prepare and serve food:
Approved Sewage Disposal System -- Mobile Units
Sewage shall be disposed of through an approved facility that is:
Requirements -- Push Carts
The following requirements apply only to carts that are pushed by hand or hand pushcarts that are situated on trailers:
Approved Sewage Disposal System -- Push Carts
Pushcart wastewater must be disposed of in:
Pushcarts must meet all other regulations except furnishing restrooms for the patrons.
An establishment which is a seasonal operation lasting not more than 90 days per year and offering a camping program which includes providing food and/or lodging to vacationing youth or family groups.
A mobile or non-mobile establishment that operates at special events not lasting more than 14 days in one location, and operates throughout the year. Applicants for a fair stand license must meet the requirements of Department of Health, Vermont Health Regulations Chapter 5, Subchapter 2 Food Service Establishments, Sections 5-204 through 5-219, with the following exceptions:
An establishment that provides meals only to lodging patrons, or occasional functions such as weddings, and has a capacity of twenty-five (25) or less. These facilities must comply with Department of Health, Vermont Health Regulations Chapter 5, Subchapter 2 Food Service Establishments, Sections 5-204 through 5-220, with the following exceptions:
An establishment that sells seafood products such as fish and shellfish on a retail basis. For mobile seafood vendors, the requirements for Food Caterer -- Mobile Units apply.
ACCREDITED PROGRAM means/refers to:
ADDITIVE means all substances, the intended use of which results or may reasonably be expected to result, directly or indirectly, either in their becoming a component of food or otherwise affecting the characteristics of food. Additives must comply with the Code of Federal Regulations.
ADULTERATED means the condition of a food:
AIR GAP means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of that receptacle.
APPROVED means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
A[w] means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol a[w].
BACKFLOW means in regards to:
BACKFLOW PREVENTER means a device or means to prevent backflow.
BOARD means the Vermont State Board of Health.
BEVERAGE means a liquid for drinking, including water.
BOTTLED DRINKING WATER means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.
CERTIFICATION NUMBER means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the National Shellfish Sanitation Program.
CHANGE OF OWNERSHIP means the change of licensee at a facility currently licensed by the Health Department. The change of ownership is applicable when there is a continuous operation, the capacities are not changed, and the facility is not undergoing construction or renovation to the food preparation area which increases the size of the kitchen or adds to or modifies the kitchen ventilation system.
CIP means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine.
CODE OF FEDERAL REGULATIONS (CFR) means the compilation of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government which:
CLEAN means free from visible soil.
CLOSED means fitted together snugly leaving no openings larger than 1/32 inch.
COMMISSIONER means the Vermont Department of Health Commissioner.
COMMINUTED means reduced in size by methods including chopping, flaking, grinding, or mincing.
CONFIRMED DISEASE OUTBREAK means a foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness.
CONSUMER means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale.
CORROSION-RESISTANT MATERIAL means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.
CRITICAL CONTROL POINT means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.
CRITICAL ITEM means a provision of this Code that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or environmental health hazard. It is an item denoted in this Code with an asterisk *.
CRITICAL LIMIT means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.
CROSS-CONNECTION means any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other water of unknown or questionable safety, whereby water may flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.
DRINKING WATER means water that meets the standards of the Department of Environmental Conservation, Water Supply Division.
DRY STORAGE AREA means a room or area designated for the storage of packaged or containerized bulk food that is not potentially hazardous and dry goods such as single-service items.
EASILY CLEANABLE means that surfaces are readily accessible and made of such material and finish and so fabricated that residue may be effectively removed by normal cleaning methods.
EASILY MOVABLE means:
EPA means the U.S. Environmental Protection Agency.
EQUIPMENT:
FISH:
FOOD means any raw, cooked, or processed edible substances, including ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
FOODBORNE DISEASE OUTBREAK means the occurrence of two or more cases of a similar illness resulting from the ingestion of a common food.
FOOD CONTACT SURFACE means:
FOOD PREPARATION AREA means any portion of the establishment where the preparation, processing and cooking of food occurs.
FOOD-PROCESSING ESTABLISHMENT means a commercial operation that manufactures, packages, labels, or stores food for human consumption and does not provide food directly to a consumer.
FOOD SERVICE EMPLOYEE means any employee of the establishment who indulges in the preparation, storage or serving of food (or water) or who washes dishes or tableware or cleans food contact surfaces.
FOOD SERVICE ESTABLISHMENT means any place where food that is intended for individual service and consumption is routinely provided completely prepared. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term does not include a private home where food is prepared for individual family consumption, and it does not include the location of food vending machines.
GAME ANIMAL:
GENERAL USE PESTICIDE means a pesticide that is not classified by EPA for restricted use as specified in 40CFR152.175.
GRADE A STANDARD means the requirements of the United States Public Health Service/FDA "Grade A Pasteurized Milk Ordinance" and "Grade A Condensed and Dry Milk Ordinance" with which certain fluid and dry milk and milk products comply.
HACCP means a written document that delineates the formal procedures for following the Hazard Analysis Critical Control Point principles developed by The National Advisory Committee on Microbiological Criteria for Foods.
HAZARD means a biological, chemical, or physical property that may cause an unacceptable consumer health risk.
HERMETICALLY SEALED CONTAINER means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.
HIGHLY SUSCEPTIBLE POPULATION means a group of persons who are more likely than other populations to experience foodborne disease because they are immunocompromised or older adults in a facility that provides health care or assisted living services, such as a hospital or nursing home; or preschool age children in a facility that provides custodial care, such as a day care center.
IMMINENT HEALTH HAZARD means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on:
INFESTATION means the presence or visible evidence of rodents, cockroaches or other insects.
INJECTED means manipulating a meat so that infectious or toxigenic microorganisms may be introduced from its surface to its interior through tenderizing with deep penetration or injecting the meat such as by processes which may be referred to as "injecting," "pinning," or "stitch pumping."
JUICE, when used in the context of food safety, means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purees of the edible portions of one or more fruits or vegetables, or any concentrate of such liquid or puree. This definition does not apply to standards of identity.
KITCHEN means the principal area where food is prepared and utensils are washed.
KITCHENWARE means all multi-use utensils other than tableware.
LAW means applicable local, state, and federal statures, regulations, and ordinances.
LINENS means fabric such as cloth hampers, cloth napkins, table cloths, wiping cloths and work garments including cloth gloves.
MEAT means the flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish, poultry, and wild game animals as specified under these regulations, 5-203 Definitions, Game Animals.
MISBRANDED means the presence of any written, printed, or graphic matter, upon or accompanying food or containers of food, which is false or misleading, or which violates any applicable state or federal labeling requirements.
mg/L means milligrams per liter, which is the metric equivalent of parts per million (ppm).
MOLLUSCAN SHELLFISH means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.
NEW FACILITY means any facility that has not previously prepared and served food to the public or any establishment whose license has been expired for one year. When the capacities are changed or the facility is undergoing construction or renovation to the food preparation area that increases the size of the kitchen, the facility will be considered a new license.
NON-ACID AND LOW ACID FOOD means any food with a pH of 4.6 or higher.
OCCASIONAL means occurring for not more than one day's duration in any month.
PACKAGED means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant. It does not include a wrapper, carryout box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.
PERISHABLE FOOD means any food of such type or in such condition as may spoil.
PERSON means an association, a corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.
PERSON IN CHARGE means the individual present at a food establishment who is responsible for the operation at the time of inspection.
PERSONAL CARE ITEMS means/includes:
pH means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral.
PHYSICAL FACILITIES means the structure and interior surfaces of a food establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.
POTABLE WATER means water free from impurities in amounts sufficient to cause disease or harmful physiological effects with the bacteriological, chemical, physical, or radiological quality conforming to applicable regulations and standards of the Agency of Natural Resources, Water Supply Division.
PLUMBING FIXTURE means a receptacle or device that:
POISONOUS OR TOXIC MATERIALS means substances that are not intended for ingestion and are included in 4 categories:
POTENTIALLY HAZARDOUS FOOD (PHF) means a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting:
PHF includes an animal food (a food of animal origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth as specified under Subparagraph (a) of this definition.
PHF does not include:
POULTRY means:
PREPARED FOOD means food that is heated, cooled, altered in any way from its original state or mixed with other foods for human consumption.
PREMISES means:
PRIMAL CUT means a basic major cut into which carcasses and sides of meat are separated, such as a beef round, pork loin, lamb flank, or veal breast.
PUBLIC WATER SYSTEM means any system(s) or combination of systems owned or controlled by a person, that provides drinking water through pipes or other constructed conveyances to the public and that has at least fifteen (15) service connections or serves an average of at least twenty five (25) individuals daily for at least sixty (60) days out of the year. Such term includes all collection, treatment, storage and distribution facilities under the control of the water supplier and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Public water system shall also mean any part of a system which does not provide drinking water, if use of such a part could affect the quality or quantity of the drinking water supplied by the system. A Public water system is either a Public Community water system or a Public Non-Community water system:
READY-TO-EAT FOOD means food that is in a form that is edible without washing, cooking, or additional preparation by the food establishment or the consumer and that is reasonably expected to be consumed in that form.
It includes:
REDUCED OXYGEN PACKAGING means:
Reduced oxygen packaging includes:
REFUSE means solid waste not carried by water through the sewage system.
REGULATORY AUTHORITY means the local, state, or federal enforcement body or authorized representative having jurisdiction over the food establishment.
SAFE MATERIALS means:
SAFE TEMPERATURES as applied to potentially hazardous food, means temperatures of 41 [degrees] F or below, and 135 [degrees] F or above.
SANITIZATION means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance, which has been approved by the department of health.
SEALED means free of cracks or other openings that allows the entry or passage of moisture.
SERVICE ANIMAL means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.
SERVICING AREA means an operating base location to which a mobile food establishment or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.
SEWAGE means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.
SHELLFISH CONTROL AUTHORITY means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce.
SHELLSTOCK means raw, in-shell molluscan shellfish.
SHUCKED SHELLFISH means molluscan shellfish that have one or both shells removed.
SINGLE-SERVICE ARTICLES means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use after which they are intended for discard.
SINGLE-USE ARTICLES means utensils and bulk food containers designed and constructed to be used once and discarded. Single-use articles includes items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet the materials, durability, strength, and cleanability specifications under Item 14 for multiuse utensils.
SLACKING means the process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of --10 [degrees] F to 25 [degrees] F in preparation for deep fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food such as spinach.
SMOOTH means:
SURFACE WATER means a stream, pond or lake.
TABLE MOUNTED EQUIPMENT means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.
TABLEWARE means all multi-use eating and drinking utensils.
TEMPERATURE MEASURING DEVICE means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.
TEMPORARY FOOD SERVICE ESTABLISHMENT means any food service establishment which operates at a fixed location for a period of time not more than 60 consecutive days.
TEMPORARY OUTDOOR SEATING means utilization of picnic tables or other for patron use.
USDA means the U.S. Department of Agriculture.
UTENSIL means a food-contact implement or container used in the storage preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; food temperature measuring devices; and probe-type price or identification tags used in contact with food.
VARIANCE means a written document issued by the regulatory authority that authorizes a modification or waiver of one or more requirements of this Code if, in the opinion of the regulatory authority, a health hazard or nuisance will not result from the modification or waiver.
VENDING MACHINE means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.
VERMIN means small animals, such as mice, rats, squirrels, plus any other nuisance animal.
WAREWASHING means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.
WHOLE-MUSCLE, INTACT BEEF means whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beefsteaks may be cut.
If game animals are received for sale or service they shall be:
Specifications for Receiving
Food may not contain unapproved food additives or additives that exceed amounts specified in 21 CFR 170 - 180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR 181 - 186, substances that exceed amounts specified in 9 CFR 318.7 Approval of substances for use in the preparation of products, or pesticide residues that exceed provisions specified in 40 CFR 185 Tolerances for Pesticides in Food.
Only clean whole eggs, with shell intact and without cracks or checks, pasteurized whole eggs, pasteurized liquid, or egg products shall be used, and they must be stored at 41 [degrees] F or below. Frozen pasteurized liquid and pasteurized dry eggs must be kept frozen. Shell eggs may be transported under ambient refrigerated temperature of 45 [degrees] F or less.
Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.
Ice for use as a food or a cooling medium shall be made from drinking water, that is regulated by the Agency of Natural Resources, Department of Environmental Conservation, Water Supply Division.
When received by a food establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded.
Original Containers and Records
All meat and meat products shall have been inspected and approved by the Vermont Agency of Agriculture or the USDA.
All poultry and poultry products shall have been inspected and approved by the Vermont Agency of Agriculture or the USDA.
Ratites must come from an approved source which is regulated or approved by the Vermont Agency of Agriculture or the USDA.
All bakery products shall have been prepared in the licensed food service establishment, in a Vermont or out-of-state bakery licensed by the Department of Health as authorized by 18 V.S.A., Section 4444(b).
A food that is unsafe, adulterated or not honestly presented shall be reconditioned according to an approved procedure or discarded. Food that is contaminated shall be discarded.
All bottled water served shall be from a source approved by the Agency of Natural Resources, Department of Environmental Conservation, Water Supply Division.
All food while being stored, prepared, displayed, served or sold at food service establishments, or during transportation between such establishments, shall be protected from spoilage and contamination and shall not be adulterated in any manner.
All food in the food service establishment shall be properly labeled as to content. This applies to food which may be mistaken for non-food items that have been transferred from an original container to an acceptable container for preparation, storage, service, sale or transportation.
Packaged food shall be labeled as specified in Federal and State laws and as mentioned in Item 1 of these regulations.
Food may not contain unapproved food additives or additives that exceed amounts specified in 21 CFR 170 - 180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR 181 - 186, substances that exceed amounts specified in 9 CFR 318.7 approval of substances for use in the preparation of products, or pesticide residues that exceed provisions specified in 40 CFR 185 Tolerances for Pesticides in Food.
If animal food such as beef, eggs, fish, lamb, milk, poultry or shellfish that is raw, undercooked or not otherwise processed to eliminate pathogens is offered in a ready-to-eat form such as a deli, menu, vended or other item; or as a raw ingredient in another ready-to-eat food, the licensee shall inform consumers by brochures, deli case or menu advisories, label statements, table tents, placards or other effective written means of the significantly increased risk associated with eating such foods in the raw or undercooked form. Warnings of the potential health risks may read: "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions."
Retail grocery stores (any store that sells food for retail) are exempt from this provision.
Working containers holding food or food ingredients that are removed from their original packages for use in the 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.
Temperature and Time Control
Stored frozen foods shall be maintained frozen.
Frozen potentially hazardous food that is slacked to moderate the temperature shall be held:
Except during preparation, cooking or cooling, or when time is used as the public health control, potentially hazardous food shall be maintained:
Cooking
Except as specified under P4 and PP5 and 6 of this section, raw animal foods such as eggs, fish, meat, poultry and foods containing these raw animal foods, shall be cooked to heat all parts of the food to a temperature and for a time that complies with one of the following methods based on the food that is being cooked:
Temperature ([degree] F) | Time |
145 | 3 minutes |
150 | 1 minute |
158 | <1 second (instantaneous) |
; or
Oven Type | Oven Temperature Based on Roast Weight | |
Less than 10 lbs. | 10 lbs. or More | |
Still Dry | 350 [degrees] or more | 250 [degrees] or more |
Convection | 325 [degrees] or more | 250 [degrees] for more |
High Humidity<1> | 250 [degrees] or less | 250 [degrees] or less |
| <1>Relative humidity greater than 90% for at least 1 hour as measured in the | ||
| cooking chamber or exit of the oven; or in a moisture-impermeable bag that | ||
| provides 100% humidity. | ||
and
Temperature [degree] F | Time<1> in Minutes | Temperature [degree] F | Time<1> in Minutes | Temperature [degree] F | Time<1> in Seconds |
130 6 | 112 | 142 | 8 | 147 | 134 |
131 | 89 | 144 | 5 | 149 | 85 |
133 | 56 | 145 | 4 | 151 | 54 |
135 | 36 | 153 | 34 | ||
136 | 28 | 155 | 22 | ||
138 | 18 | 157 | 14 | ||
140 | 12 | 158 | 0 | ||
| <1>Holding time may include postoven heat rise. | |||||
Raw animal foods cooked in a microwave oven shall be:
Fruits and vegetables that are cooked for hot holding shall be cooked to a temperature of 135 [degrees] F.
Freezing
Before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish other than molluscan shellfish shall be frozen throughout to a temperature of:
Reheating
Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature.
In other words, food prepared on premises must be consumed, used or sold within seven (7) days.
Specialized Processing Methods
A food establishment shall obtain a variance from the regulatory authority before smoking food as a method of food preservation rather than as a method of flavor enhancement; curing food; brewing alcoholic beverages; using food additives or adding components such as vinegar as a method of food preservation rather than as a method of flavor enhancement or to render a food so that it is not potentially hazardous; and it will be necessary to get a third party review before a variance will be considered. Third party review may be obtained from sources approved by the Department of Health (i.e. NSF, private consultants).
Clostridium botulinum Controls
A food employee may not use a utensil more than once to taste food that is to be sold or served.
Preventing Food and Ingredient Contamination
Pasteurized eggs or egg products shall be substituted for raw shell eggs in the preparation of foods [such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages] that are:
Preventing Contamination from Ice Used as a Coolant.
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, ice may not be used as food.
Conveniently located and adequate refrigeration facility, hot food storage and display facilities, and effective insulated facilities, shall be provided to assure the maintenance of all potentially hazardous food at required temperatures during storage, preparation, display and service. Food and containers of food are so stored as to permit free circulation of air and in such a manner as to prevent contamination.
Food temperature measuring devices shall be provided and readily accessible for use in ensuring attainment and maintenance of food temperatures as specified under Item 3 of these regulations.
Accuracy
Except as specified in P4 of this section, potentially hazardous food shall be thawed:
Food may not be stored:
Potentially hazardous food dispensed through a vending machine shall be in the package in which it was placed at the food establishment or food processing plant at which it was prepared.
The dispensing compartment of a vending machine including a machine that is designed to vend prepackaged snack food that is not potentially hazardous such as chips, party mixes, and pretzels shall be equipped with a self-closing door or cover if the machine is:
During preparation, unpackaged food shall be protected from environmental sources of contamination.
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, 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.
In equipment that dispenses or vends liquid food or ice in unpackaged form:
Equipment containing bearings and gears that require lubricants shall be designed and constructed so that the lubricant can not leak, drip or be forced into food or onto food-contact surfaces.
Beverage tubing and cold-plate beverage cooling devices may not be installed in contact with stored ice. This section does not apply to cold plates that are constructed integrally with an ice storage bin.
Equipment, such as dollies, pallets, racks, and skids used to store and transport large quantities of packaged foods received from a supplier in a cased or overwrapped lot, shall be designed to be moved by hand or by conveniently available equipment such as hand trucks and forklifts.
In a food establishment that serves a highly susceptible population:
Self-Service: Convenient and suitable utensils, such as tissues, forks, krives, tongs, spoons, or scoops shall be used by the self-service customers.
Food shall only contact surfaces of equipment and utensils that are cleaned and sanitized between each use.
During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:
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 customer.
Disease or Medical Condition
The licensee shall require food employee applicants to whom a conditional offer of employment is made and food employees to report to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food. A food employee or applicant shall report the information in a manner that allows the person in charge to prevent the likelihood of foodborne disease transmission, including the date of onset of jaundice or of an illness specified under Paragraph 3 of this section, if the food employee or applicant:
The person in charge shall:
A food employee or a person who applies for a job as a food employee must:
The person in Charge shall notify the regulatory authority that a food employee is diagnosed with an illness due to, Salmonella Typhi, Shigella sap., Shiga toxin-producing Escherichia coli, or Hepatitis A virus.
Hands and Arms
Food employees shall keep their hands and exposed portions of their arms clean.
Food employees shall clean their hands and exposed portions of their arms immediately before engaging in food preparation including working with exposed food, clean equipment and utensils and unwrapped single-service and single-use articles and:
Food employees shall clean their hands in a handwashing lavatory or approved automatic handwashing facility and may not clean their hands in a sink used for food preparation, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.
Fingernails
Jewelry
While preparing food, food employees may not wear jewelry on their arms and hands. This section does not apply to a plain ring such as a wedding band, as long as one washes under it.
Food Contamination Prevention
Food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with exposed food; clean equipment, utensils, and linens; or unwrapped single-service or single-use articles.
Animals
Outer Clothing
Hair Restraints
Multiuse
Materials that are used in the construction of utensils and food-contact surfaces of equipment may not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions shall be:
Ceramic, china, crystal utensils, and decorative utensils such as hand painted ceramic or china that are used in contact with food shall be lead-free or contain levels of lead not exceeding the limits of the following utensil categories:
Utensil Category | Description | Maximum Lead ppm mg/L |
Hot Beverage Mugs | Coffee Mugs | 0.5 |
Large Hollowware | Bowls greater than or equal to 1.1 L (1.16 QT) | 1 |
Small Hollowware | Bowls < 1.1 L (1.16 QT) | 2.0 |
Flat Utensils | Plates, Saucers | 3.0 |
Galvanized metal may not be used for utensils or food-contact surfaces of equipment that are used in contact with acidic food.
Sponges may not be used in contact with cleaned and sanitized or in-use food-contact surfaces.
Pewter alloys containing lead in excess of 0.05% may not be used as a food-contact surface.
Solder and flux containing lead in excess of 0.2% may not be used as a food-contact surface.
Multiuse kitchenware such as frying pans, griddles, sauce pans, cookie sheets, and waffle bakers that have a perfluorocarbon resin coating shall be used with nonscoring or nonscratching utensils and cleaning aids.
Durability and Strength
Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.
Food temperature measuring devices may not have sensors or stems constructed of glass, except that thermometers with glass sensors or stems that are encased in a shatterproof coating such as candy thermometers may be used.
Cleanability
Food-contact surfaces that have become cracked, chipped, pitted, or badly worn must be discarded when they can no longer be properly washed, rinsed and sanitized.
All food-contact surface equipment shall be so installed and located that it and the floor and wall surfaces adjacent to it can be cleaned.
Except for hot oil cooking or filtering equipment, "V" type threads may not be used on food-contact surfaces.
Hot oil filtering equipment shall meet the characteristics regulatory standards and shall be readily accessible for filter replacement and cleaning of the filter.
Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement. They shall also be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened.
Liquid waste drain lines may not pass through or over an ice machine or ice storage bin.
If a condenser unit is an integral component of equipment, the condenser unit shall be separated from the food and food storage space by a dustproof barrier.
Equipment compartments that are subject to accumulation of moisture due to conditions such as condensation, food or beverage drip, or water from melting ice shall be sloped to an outlet that allows complete draining.
Equipment containing bearings and gears that require lubricants shall be designed and constructed so that the lubricant can not leak, drip, or be forced into food or onto food-contact surfaces.
Surfaces of equipment not intended for contact with food, but which are exposed to splash, food debris, or otherwise require frequent cleaning, shall be smooth; washable; free of unnecessary ledges, projections, or crevices; readily accessible for cleaning; and of such material and in such repair as to be easily cleanable.
A warewashing machine, the compartments of sinks, basins, or other receptacles used for washing and rinsing equipment, utensils, or raw foods, or laundering wiping cloths; and drainboards or other equipment used to substitute for drainboards shall be cleaned:
A warewashing machine shall be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer that indicates the machine's design and operating specifications including the:
Warewashing machine wash and rinse tanks shall be equipped with baffles, curtains, or other means to minimize internal cross contamination of the solutions in wash and rinse tanks.
A warewashing machine that uses a chemical for sanitization shall be equipped with a device that indicates audibly or visually when more chemical sanitizer needs to be added.
If hot water is used for sanitization in manual warewashing operations, the sanitizing compartment of the sink shall be:
A warewashing machine shall be equipped with a temperature measuring device that indicates the temperature of the water:
In manual warewashing operations, where hot water alone is used for sanitizing, a temperature measuring device shall be provided and readily accessible for frequently measuring the washing and sanitizing temperatures.
Pressure measuring devices that display the pressures in the water supply line for the fresh hot water sanitizing rinse shall have increments 1 pound per square inch or smaller and shall be accurate to +/-2 pounds per square inch in the 15-25 pounds per square inch range.
A test kit or other device that accurately measures the concentration in mg/L (ppm) of sanitizing solutions shall be used to monitor and maintain sanitizer solution concentrations.
Materials that are used to make single-service and single-use articles may not allow the migration of deleterious substances, or impart colors, odors, or astes to food, and shall be safe, and clean.
A food establishment temporarily without facilities for cleaning and sanitizing kitchenware as specified in the warewashing portions of these regulations, shall provide only single-use kitchenware, single-service and single-use articles for use by food employees and single-service articles for use by consumers.
Single-service and single-use articles may not be stored:
Mollusk and crustacea shells may not be used more than once as serving containers.
The wash, rinse, and sanitizing solutions shall be maintained clean.
The temperature of the wash solution in manual warewashing equipment shall be maintained at not less than 110 [degrees] F or the temperature specified on the cleaning agent manufacturer's label instructions.
When used for warewashing, the wash compartment of a sink, mechanical warewasher, or wash receptacle or alternative manual warewashing equipment shall contain a wash solution of soap, detergent, acid cleaner, alkaline cleaner, degreaser, abrasive cleaner, or other cleaning agent according to the cleaning agent manufacturer's label instructions.
The flow pressure of the fresh hot water sanitizing rinse in a warewashing machine may not be less than 15 pounds per square inch or more than 25 pounds per square inch as measured in the water line immediately downstream or upstream from the fresh hot water sanitizing rinse control valve.
Minimum Concentration | Minimum Temperature | |
Mg/L | pH 10 or less | pH 8 or less |
(ppm) | [degree] C([degree] F) | [degree] C([degree] F) |
50 | 38 (100) | 24 (75) |
100 | 13 (55) | 13 (55) |
Temperature | Cleaning Frequency |
41 [degrees] F or less | 24 hours |
>41 [degrees] F - 45 [degrees] F | 20 hours |
>45 [degrees] F - 50 [degrees] F | 16 hours |
>50 [degrees] F - 55 [degrees] F | 10 hours |
; and
Lubricants shall be applied to food-contact surfaces that require lubrication in a manner that does not contaminate food-contact surfaces. Only approved USDA and/or NSF food grade lubricants shall be used.
Equipment shall be reassembled so that food-contact surfaces are not contaminated.
After cleaning and sanitizing, equipment and utensils:
Handling
Soiled tableware shall be removed from consumer eating and drinking areas and handled so that clean tableware is not contaminated.
If tableware is preset:
A potable water system shall be flushed and disinfected before being placed in service after construction, repair or modification, and after an emergency situation (such as a flood) that may introduce contaminants to the system; and at anytime routine sampling shows a positive for coliform or E. coli organisms.
Potable water shall be obtained from an approved source that is:
Bottled drinking water used or sold in a food establishment shall be obtained from approved sources in accordance with 21 CFR 129 Processing and Bottling of Bottled Drinking Water and with Department of Environmental Conservation, Environmental Protection Rules, Chapter 21, Water Supply Rule for bottled water.
Public water systems must sample according to Department of Environmental Conservation, Environmental Protection Rules, Chapter 21, Water Supply Rule. Water from a nonpublic water system shall be sampled and tested at least annually and as required by state water quality regulations. All water samples must be processed in state approved laboratories and collected by persons approved by the Department of Health.
The most recent sample report for the nonpublic water system shall be retained on file in the food establishment and/or the report shall be maintained as specified by state water quality regulations.
Quantity and Availability
Water under pressure shall be provided to all fixtures, equipment, and nonfood equipment that are required to use water. However, water supplied to a mobile unit or temporary food establishment need not be under pressure, but must flow to the sinks through a mixing faucet by pressure or gravity.
Distribution Delivery and Retention
Water shall be received from the source through the use of:
Water meeting the requirements of the Vermont Safe Drinking Water Rules shall be made available for a mobile facility or for a temporary food establishment without a permanent water supply through:
Sewage shall be disposed through an approved facility that is:
All plumbing installed in new buildings, or renewed and/or repaired in existing buildings, shall conform to the plumbing rules of the state of Vermont as enforced by the Department of Labor & Industry and the codes adopted therein.
Food establishment drainage systems, including grease traps, that convey sewage shall be designed and installed with approved materials according to state of Vermont plumbing rules.
Sewage shall be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated according to state of Vermont plumbing rules.
If used, a grease trap shall be located to be easily accessible for cleaning.
A plumbing system shall be:
A plumbing system shall be installed to preclude backflow of a solid, liquid or gas contaminant into the water supply system at each point of use at the food establishment, including on a hose bib by:
An air gap between the water supply inlet and the flood level rim of the plumbing fixture, equipment, or nonfood equipment shall be at least twice the diameter of the water supply inlet and may not be less than one (1) inch.
A backflow or backsiphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering (A.S.S.E.) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device.
Backflow prevention devices must be installed on all carbonation equipment and must meet the standards of the A.S.S.E.
A backflow prevention device shall be located so that it may be serviced and maintained.
A water filter, screen, and other water conditioning device installed on water lines shall be designed to facilitate disassembly for periodic servicing and cleaning. A water filter element shall be of the replaceable type.
A device such as a water treatment device or backflow preventer shall be scheduled for inspection and service, in accordance with manufacturer's instructions and as necessary to prevent device failure based on local water conditions, and records demonstrating inspection and service shall be maintained by the person in charge.
A non-potable water system is permitted to serve water closets, urinals, air conditioning units, fire prevention systems or hot water heating systems as long as there is no physical or direct connection to the potable water supply, and the non-potable pipes are painted yellow.
Food establishment drainage systems, including grease traps, that convey sewage shall be designed, installed, constructed, and repaired with approved materials according to all laws and regulations.
Food service establishments shall provide toilet rooms accessible to the most commonly used dining area. Non-water-carried toilet facilities (privies or chemical toilets) may be permitted in lieu of wet toilets as remote, emergency, or temporary facilities.
Establishments shall maintain adequate handwash sinks and toilets as determined by the Department of Health. An establishment with a seating capacity (or equivalent) of up to and including 25 persons shall provide at least one toilet room that includes one (1) toilet and one (1) handwash sink. Establishments with seating capacity of 26 or greater shall provide a minimum of two (2) separate toilet rooms with each room equipped with at least one (1) toilet and one (1) handwash sink.
If the employees' toilet facilities are to be included with the patrons' toilet(s), the number of fixtures required shall be based on the number obtained when adding together the patron seating capacity and the maximum number of employees on duty at any one time.
At least one toilet and not fewer than the number of toilets required by law shall be provided. If authorized by law and urinals are substituted for toilets, the substitution shall be done as specified by law.
b In, or immediately adjacent to, toilet rooms.
Establishments constructed after July 1, 2002 shall have at least one (1) service sink or one (1) curbed cleaning facility equipped with a floor drain; it shall be conveniently located for the cleaning of mops or similar wet floor cleaning tools, and for the disposal of mop water and/or similar liquid waste.
Vestibules, if any, and toilet rooms shall be kept clean and be equipped with self-closing, tight-fitting doors.
A sign which reads, "Employees Must Wash Hands After Using the Toilet and Before Handling Food," shall be placed in each toilet room and handwash sink location where it can be easily viewed and read by employees.
Receptacles and waste handling units for refuse, recyclables, and returnables shall be kept covered inside the food establishment if the receptacles and units:
A refuse receptacle may not be located within a vending machine, except that a receptacle for beverage bottle crown closures may be located within a vending machine.
Refuse, recyclables, and returnables shall be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.
Storage areas, enclosures, and receptacles for refuse, recyclable and returnables shall be maintained in good repair.
Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects or rodents.
An outdoor storage surface for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be smooth, durable, and sloped to drain.
If used, an outdoor enclosure for refuse, recyclables, and returnables shall be constructed of durable and cleanable materials and with tight-fitting lids or doors if kept outside the food establishment.
Outdoor refuse areas shall be constructed in accordance with law and shall be curbed and graded to drain to collect and dispose of liquid waste that results from the refuse and from cleaning the area and waste receptacles.
Drains in receptacles and waste handling units for refuse, recyclables, and returnables shall have drain plugs in place.
A storage area and enclosure for refuse, recyclables, or returnables shall be maintained free of unnecessary items and clean.
Refuse, recyclables, and returnables shall be removed from the premises by way of:
Effective measures shall be taken to prevent insects, rodents, and vermin from entering, living, or breeding in food service establishments.
Dead or trapped birds, insects, rodents and other pests shall be removed from control devices and the premises at a frequency that prevents their accumulation, decomposition, or the attraction of pests.
Floor surfaces shall be of smooth, nonabsorbent materials, and so constructed as to be easily cleanable in:
The physical facilities shall be maintained in good repair.
Sawdust, wood shavings, granular salt, baked clay, or similar materials may not be used on floors.
All walls and ceilings, including doors, windows, skylights, and similar closures, shall be kept clean and in good repair.
Perimeter walls and roofs of a food establishment shall effectively protect the establishment from the weather and the entry of insects, rodents, and other animals.
The light intensity shall be:
All ventilation hoods, wall coverings, filters, and attachments must be smooth, easy to clean and filters must be easy to remove. The installation of hoods and attachments to the ventilation systems must be permitted by the Vermont Department of Labor & Industry, Fire Prevention Division.
Toilet rooms shall be ventilated to outside air with electric fans that exhaust at least 15 cubic feet of air per minute for each toilet fixture, either operating continuously or only when the toilet is in use.
If necessary to keep rooms free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke and fumes, mechanical ventilation of sufficient capacity shall be provided.
Heating, ventilating, and air conditioning systems shall be designed and installed so that make-up air intake and exhaust vents do not cause contamination of food, food-contact surfaces, equipment, or utensils.
Ventilation hood systems and devices shall be sufficient in number and capacity to prevent grease or condensation from collecting on walls and ceilings.
Exhaust ventilation hood systems in food preparation and warewashing areas including components such as hoods, fans, guards, and ducting shall be designed to prevent grease or condensation from draining or dripping onto food, equipment, utensils, linens, and single-service and single-use articles.
Original Containers
Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label.
Working Containers
Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material.
Storage
Poisonous or toxic materials shall be stored so they can not contaminate food, equipment, utensils, linens, and single-service and single-use articles by:
Presence and Use
Poisonous or toxic materials shall be:
Container Prohibitions
A container previously used to store poisonous or toxic materials may not be used to store, transport, or dispense food.
Chemicals
Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces shall meet the requirements for allowable ppm of sanitizing solutions.
Chemicals used to wash or peel raw, whole fruits and vegetables shall meet the requirements specified by the regulatory authority for chemicals used in washing or to assist in the lye peeling of fruits and vegetables.
Chemicals used as boiler water additives shall meet the requirements of the regulatory authority for boiler water additives.
Drying agents used in conjunction with sanitization shall:
Contain only components that are listed as generally recognized as safe by either the FDA or the USDA.
Lubricants
Lubricants shall meet the requirements of FDA, NSF, or USDA for safe lubricants with incidental food contact, if they are used on food-contact surfaces, on bearings and gears located on or within food-contact surfaces, or on bearings and gears that are located so that lubricants may leak, drip, or be forced into food or onto food-contact surfaces.
Pesticides
Restricted use pesticides shall meet the requirements specified by the Environmental Protection Agency and the Vermont Agency of Agriculture.
Medicines
Medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator shall be:
First Aid Supplies
First aid supplies that are in a food establishment for the employees' use shall be:
Other Personal Care Items
Employees shall store their personal care items in food service facilities in such a manner as to prevent contamination of food equipment, utensils, linens, and single-service and single-use articles.
Storage and Display of Stock & Retail Sale Supplies
Poisonous or toxic materials shall be stored and displayed for retail sale so they can not contaminate food, equipment, utensils, linens, and single-service and single-use articles by:
The premises shall be free of:
Food preparation sinks, handwashing lavatories, and warewashing equipment may not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar liquid wastes.
After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies.
Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall be:
Living or sleeping quarters located on the premises of a food establishment such as those provided for lodging registration clerks or resident managers shall be separated from rooms and areas used for food establishment operations by complete partitioning and solid self-closing doors.
Activities that are not related to food preparation shall not be performed in an area where food is prepared.
Frequency
Soiled linens shall be kept in clean, nonabsorbent receptacles or clean, washable laundry bags and stored and transported to prevent contamination of food, clean equipment, clean utensils, and single-service and single-use articles.
Restaurants may provide on-premise outdoor dining with prior approval from the Department of Health.
Unscreened or unfanned outdoor dining areas may be provided when:
Completely screened or fanned areas providing effective fly control may be used for outdoor dining. In such cases food served by establishment personnel need not be covered, provided the route from kitchen to table is a fly-controlled area.
When the total rating score is not less than 70 and there are no critical items in violation, the food service establishment may remain open to the public.
All critical items in violation must be corrected immediately in the presence of a Department of Health representative. If not corrected immediately, the licensee shall be presumed to be creating an emergency health hazard and shall have the option of closing voluntarily or having the license suspended until which time items in violation are corrected. The establishment must remain closed until subsequent approval for continued operation has been granted by the Department of Health. Temporary measures may be used to correct critical items where appropriate so the establishment may remain open. However, a permanent correction as acceptable to the Department of Health will be required.
When the total rating score is less than 70, the licensee shall be presumed to be creating a health hazard and shall have the option of closing voluntarily or having the license immediately suspended. Subsequent approval for continued operation shall require Department of Health approval.
When a license is suspended, the licensee will be notified in writing within five (5) days of the opportunity to appear at a hearing which will be scheduled within twenty (20) days of the date of inspection (or sooner if requested by the owner or licensee), to show cause as to why the license should not remain suspended or should not be revoked.
Changes in standards for construction specified in Section 5-205, Item 5, and Section 5-215, Item 36 and Item 37 shall apply only to construction begun on or after July 1, 1980.
The licensee shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of operation.
Based on the risks of foodborne illness inherent to the food operation, during inspections and upon request, the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the Hazard Analysis Critical Control Point principles, and the requirements of these regulations.
The person in charge shall demonstrate this knowledge by compliance with these regulations, by being a certified food protection manager who has shown proficiency of the required information through passing a test that is part of an accredited program, or by responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include:
The person in charge shall ensure that:
All information about security procedures presented to the Department of Health shall be kept confidential in accordance with T. 1 VSA § 317(c) 25.
ENFORCEMENT PROCEDURE FOR LICENSED ESTABLISHMENTS
[SEE ILLUSTRATION IN ORIGINAL]
VERMONT STATE DEPARTMENT OF HEALTH FOOD-SERVICE ESTABLISHMENT INSPECTION REPORT
Travel
Time ___ Change
No. ___ Licensee ___ Time In: ___ Time Out: ___ Date ___
Estab. Name ___ Type Lic. ___ Type Bus. ___
Estab. Location ___ Town ___ County ___
Type of Water Supply ___ Sewage Disposal ___
License Posted [] Yes [] No Dining Capacity, Indoor ___ Outdoor ___ Total ___
Purpose: [] Routine [] Follow-up [] New Lic. [] Special Investigation [] Other
Demonstration of Knowledge ___
* All critical items requiring immediate attention. All Circled Debit Points Indicate Non- Compliance. (X) Indicates Specific Violation.
| Item | Debit Points | Description |
| 5-204 Sources of Feed | ||
| *1 | 5 | Sound Condition ___ No Spoilage ___ |
| 5-205 Food Protection | ||
| 2 | 1 | Original Container ___ Properly |
| Lobeled ___ | ||
| Potentially Hazardous Food Meets Temp. | ||
| *3 | 5 | Requirements During Storage ___ Preparation ___ |
| Display ___ Service ___ Transportation ___ | ||
| *4 | 4 | Preventing Cross Contamination |
| 5 | 1 | Adequate Facilities |
| 6 | 2 | Potentially Hazardous Food Properly |
| Thowed ___ | ||
| *7 | 4 | Unwrapped & Potentially Hazardous Food |
| Not Re-Served ___ | ||
| Food Protection During Storage ___ | ||
| 8 | 2 | Preparation ___ Display ___ Service ___ |
| Transportation ___ | ||
| 9 | 2 | Handling of Food(ice) Minimized ___ |
| 10 | 1 | In-Use Food (ice) Dispensing Utensils |
| Properly Stored ___ | ||
| 5-206 Personnel | ||
| *11 | 5 | Personnel with Infections Restricted ___ |
| *12 | 5 | Hands Washed & Clean ___ Good Hygienic |
| Practices ___ | ||
| 13 | 1 | Clean Clothes ___ Hair Restraints ___ |
| 5-207 Food Equipment & Utensils | ||
| Food (ice) Contact Surfaces Design ___ | ||
| 14 | 2 | Construction ___ Maintenance ___ |
| Installation ___ Location ___ | ||
| Non-Food Contact Surfaces Design ___ | ||
| 15 | 1 | Construction ___ Maintenance ___ |
| Installation ___ Location ___ | ||
| Dishwashing Facilities Design ___ | ||
| 16 | 2 | Construction ___ Maintenance ___ |
| Installation ___ | ||
| Location ___ Operation ___ | ||
| Accurate Thermometers ___ Chemical Test | ||
| 17 | 1 | Kits Provided ___ Gauge Cock (1/4" IPS valve) ___ |
| 18 | 1 | Single-Service Articles Stored ___ |
| Dispensed ___ Used ___ | ||
| 19 | 2 | No Re-Use of Single-Service Articles ___ |
| 5-208 Food Equip. & Utensils: Cleanliness | ||
| 20 | 1 | Pre-Flushed ___ Scraped ___ Soaked ___ |
| 21 | 2 | Wash & Rinse Water: Clean ___ Proper |
| Temperature ___ | ||
| Sanitization Rinse: Clean ___ Proper | ||
| Temperature ___ Concentration ___ | ||
| *22 | 4 | Exposure Time ___ Equipment & Utensils |
| Sanitized ___ | ||
| 23 | 1 | Wiping Cloths: Clean ___ Not Used on |
| Tableware ___ | ||
| Food Contact Surfaces of Equipment & | ||
| Utensils Clean ___ Free of Abrasives ___ | ||
| Detergents ___ | ||
| 24 | 2 | Tableware ___ Dispensers ___ Cooking |
| Utensils ___ Slicers ___ Can Opener ___ | ||
| Worktable ___ Cooking Equipment ___ | ||
| Mixers ___ Grinder ___ Cutting Board ___ | ||
| Food Containers ___ Other Equipment ___ | ||
| ___ (24) | ||
| Non-Food Contact Surfaces of Equipment | ||
| & Utensils Clean ___ | ||
| 25 | 1 | Equipment ___ Refrigerators & Racks ___ |
| Dishwashing Equipment ___ Shelving ___ | ||
| Kitchenware ___ Ventilation & Exhaust | ||
| Equipment ___ | ||
| __ (6) | ||
| 26 | 1 | Storage ___ Handling ___ of Clean Equipment |
| & Utensils | ||
| 5-209 Water System | ||
| *27 | 5 | Water Source Sale ___ Hot & Cold Under |
| Pressure ___ Sample Taken ___ | ||
| 5-210 Sewage Disposal | ||
| *28 | 4 | Sewage & Waste Disposal ___ |
| 5-211 Plumbing | ||
| 29 | 1 | Installation ___ Maintenance ___ |
| *30 | 5 | Cross-Connection ___ Back Siphonage ___ |
| Backflow ___ | ||
| 5-212 Toilet & Handwashing Facilities | ||
| *31 | 4 | Number ___ Convenient ___ Accessible ___ |
| Design ___ Installation ___ Functioning ___ | ||
| Toilet Rooms Enclosed ___ Self-Closing | ||
| Doors ___ Fixtures in Good Repair ___ | ||
| 32 | 2 | Clean ___ Hand Cleanser ___ Sanitary |
| Towels/Hand Drying Device Provided ___ | ||
| Proper Waste Receptacles ___ | ||
| 5-213 Garbage & Refuse Disposal | ||
| Containers or Receptacles Covered ___ | ||
| 33 | 2 | Adequate Number ___ Intact/Rodent |
| Proof ___ Clean ___ | ||
| Outside Storage Area Enclosures Properly | ||
| 34 | 1 | Constructed ___ Clean ___ Controlled |
| Incineration ___ | ||
| 5-214 Insect, Rodent & Animal Control | ||
| No Insects/Rodents ___ Outer Openings | ||
| *35 | 4 | Protected ___ No Birds, Turtles or Other |
| Animals ___ | ||
| 5-215 Floors, Walls & Ceilings | ||
| Floors: Construction ___ Drained ___ | ||
| 36 | 1 | Clean ___ Good Repair ___ Covering |
| Installation ___ Dustless Cleaning | ||
| Methods ___ | ||
| 37 | 1 | Walls, Ceilings, Attached Equipment |
| Construction ___ Clean ___ Good Repair ___ | ||
| Surfaces ___ Dustless Cleaning Methods ___ | ||
| 5-216 Lighting | ||
| 38 | 1 | Lighting Provided as Required ___ |
| Fixtures Shielded ___ | ||
| 5-217 Ventilation | ||
| 39 | 1 | Rooms & Equipment Vented As Required ___ |
| 5-218 Dressing Rooms | ||
| 40 | 1 | Rooms Clean ___ Lockers Provided ___ |
| Facilities Clean ___ Located ___ | ||
| 5-219 Miscellaneous | ||
| *41 | 5 | Necessary Toxic Items Properly |
| Stored ___ Labeled ___ Used ___ | ||
| Premises Maintained ___ Free of Litter & | ||
| 42 | 1 | Unnecessary Articles ___ Cleaning & Maintenance |
| Equipment Properly Stored ___ | ||
| Authorized Personnel ___ | ||
| 43 | 1 | Complete Separation From Living/Sleeping |
| Quarters ___ Laundry ___ | ||
| 44 | 1 | Clean ___ Soiled ___ Linen Properly Stored |
| Total Debit Points ___ | ||
| Rating Score ___ | ||
| Cleaning Points | ||
| (From Items 24 & 25) ___ |
Action: Reinsp. by ___ Vol. Closed [] Rec. for Lic. Susp. [] Reopened ___
Sanitarian: ___ Person Interviewed: ___
Copy of This Sheet Left: Yes ___ No ___ Signature ___ Title ___
8518 V.S.A. §§ 4308, 4355, 4441
13-018 Code Vt. R. 13-140-018-X
AMENDED: December 1, 2003 Secretary of State Rule Log # 03-38