2005 California Health and Safety Code Sections 113990-114070 Article 7. Sanitation Requirements for Food Facilities ...

113990.  This article governs sanitation requirements for food
facilities as defined in this chapter.
113995.  (a) Except as otherwise provided in this section, all
potentially hazardous food being transported to or from a retail food
facility for a period of longer than 30 minutes, excluding raw shell
eggs, shall be held at or below 7 degrees Celsius (45 degrees
Fahrenheit) or shall be kept at or above 57.2 degrees Celsius (135
degrees Fahrenheit) at all times. Storage and display of raw shell
eggs shall be governed by Sections 113997 and 114351.
   (b) A retail food facility may accept potentially hazardous food
at or below 7 degrees Celsius (45 degrees Fahrenheit), pursuant to
subdivision (a), if the potentially hazardous food is cooled within
four hours of receipt to a temperature at or below 5 degrees Celsius
(41 degrees Fahrenheit).
   (c) All potentially hazardous food shall be held at or below 5
degrees Celsius (41 degrees Fahrenheit) or shall be kept at or above
57.2 degrees Celsius (135 degrees Fahrenheit) at all times, except
for the following:
   (1) Unshucked live molluscan shellfish shall not be stored or
displayed at a temperature above 7 degrees Celsius (45 degrees
Fahrenheit).
   (2) Frozen potentially hazardous foods shall be stored and
displayed in their frozen state unless being thawed in accordance
with Section 114085.
   (3) Potentially hazardous foods held for dispensing in serving
lines and salad bars during periods not to exceed 12 hours in any
24-hour period or held in vending machines may not exceed 7 degrees
Celsius (45 degrees Fahrenheit).  For purposes of this subdivision, a
display case shall not be deemed to be a serving line.
   (4) Pasteurized milk and pasteurized milk products in original,
sealed containers shall not be held at a temperature above 7 degrees
Celsius (45 degrees Fahrenheit).
   (d) Potentially hazardous foods may be held at temperatures other
than those specified in this section only under the following
circumstances:
   (1) While being heated or cooled.
   (2) When the food facility operates pursuant to a HACCP plan
adopted pursuant to Section 114055 or 114056.
   (3) When time only, rather than time in conjunction with
temperature, is used as the public health control for a working
supply of potentially hazardous food before cooking, or for
ready-to-eat potentially hazardous food that is displayed or held for
service for immediate consumption, but only if all of the following
conditions are met:
   (A) The food shall be marked or otherwise identified to indicate
the time that is four hours after the time when the food is removed
from temperature control.
   (B) The food shall be cooked and served, served if ready-to-eat,
or discarded within four hours after the time when the food is
removed from temperature control.
   (C) Food in unmarked containers or packages, or marked to exceed a
four-hour time limit shall be discarded.
   (D) Written procedures that ensure compliance with this paragraph
and with Section 114002 for food that is prepared, cooked, and
refrigerated before time is used as a public health control shall be
maintained in the food facility and made available to the enforcement
agency upon request.
   (e) A thermometer accurate to plus or minus 1 degree Celsius (2
degrees Fahrenheit) shall be provided for each refrigeration unit,
shall be located to indicate the air temperature in the warmest part
of the unit and, except for vending machines, shall be affixed to be
readily visible. Except for vending machines, an accurate easily
readable metal probe thermometer suitable for measuring the
temperature of food shall be readily available on the premises.
113995.5.  (a) Notwithstanding Sections 113995 and 114315 and if
permitted by federal law, a food establishment may sell Korean rice
cakes that have been at room temperature for no more than 24 hours.
   (b) At the end of the operating day, Korean rice cakes that have
been at room temperature for more than 24 hours, shall be destroyed
in a manner approved by the local enforcement agency.
   (c) For purposes of this section, a "Korean rice cake" is defined
as a confection that contains rice powder, salt, sugar, various
edible seeds, oil, dried beans, nuts, dried fruits, and dried
pumpkin.  The ingredients may not include any animal fats or any
other products derived from animals.  A Korean rice cake is prepared
by using a traditional Korean method that includes cooking by
steaming at not less than 275 degrees Fahrenheit, for not less than
five minutes, nor more than 15 minutes.
   (d) All manufacturers of Korean rice cakes shall place a label on
the Korean rice cake as prescribed by Section 111223.
113996.  (a) All ready-to-eat foods prepared at the food facility
from raw or incompletely cooked animal tissue shall be thoroughly
cooked prior to serving.  For purposes of this subdivision, food
shall be deemed to be thoroughly cooked if it conforms to the
following requirements, except as specified in subdivision (b):
   (1) Comminuted meat or any food containing comminuted meat shall
be heated to a minimum internal temperature of 69 degrees Celsius
(157 degrees Fahrenheit), or an optional internal temperature of 68
degrees Celsius (155 degrees Fahrenheit) for 15 seconds.
   (2) Eggs and foods containing raw eggs shall be heated to a
minimum internal temperature of 63 degrees Celsius (145 degrees
Fahrenheit).
   (3) Pork shall be heated to a minimum internal temperature of 63
degrees Celsius (145 degrees Fahrenheit) for 15 seconds.
   (4) Poultry, comminuted poultry, stuffed fish, stuffed meat,
stuffed poultry, and any food stuffed with fish, meat, or poultry
shall be heated to a minimum internal temperature of 74 degrees
Celsius (165 degrees Fahrenheit).
   (b) When foods containing raw or incompletely cooked animal tissue
specified in this section are prepared in a microwave oven, they
shall be heated at a minimum internal temperature of at least 74
degrees Celsius (165 degrees Fahrenheit) in all parts of the food.
During microwaving, the food shall be completely enclosed in a
container to retain surface moisture, and periodically stirred or
rotated to assure even heat distribution.  Upon the completion of
microwaving, the enclosed food shall be left standing for a minimum
of two minutes to assure temperature equilibrium.  This subdivision
does not apply to the heating of ready-to-eat cooked foods or the
defrosting of food items.
   (c) A ready-to-eat salad dressing or sauce containing a raw or
less-than-thoroughly cooked egg as an ingredient, and other
ready-to-eat foods made from or containing eggs, comminuted meat, or
single pieces of meat (including beef, veal, lamb, pork, poultry,
fish, and seafood) that are raw or have not been thoroughly cooked as
provided in subdivision (a) may be served if either of the following
requirements are met:
   (1) The consumer specifically orders that the food be individually
prepared less than thoroughly cooked.
   (2) The food facility notifies the consumer, orally or in writing,
at the time of ordering, that the food is raw or less than
thoroughly cooked.
   (d) The department shall authorize alternative time and
temperature minimum heating requirements to thoroughly cook the foods
identified in this section when the food facility or person
demonstrates to the department that the alternative heating
requirements provide an equivalent level of food safety.
   (e) For purposes of this section, "meat" means the tissue of
animals used as food, including beef, veal, lamb, pork, and other
edible animals, except eggs, fish, and poultry, that is offered for
human consumption.
   (f) It is the intent of the Legislature that the requirements of
this section be uniformly enforced.  The department shall train and
provide guidance to local health departments to promote uniform
enforcement of the requirements specified in this section.
113997.  (a) Raw shell eggs shall be stored and displayed at an
ambient temperature of 7 degrees Celsius (45 degrees Fahrenheit) or
below.
   (b) Notwithstanding subdivision (a), raw shell eggs may be stored
and displayed unrefrigerated if all of the following conditions are
met:
   (1) Not more than four days have elapsed from the date of packing.
   (2) The eggs were not previously refrigerated.
   (3) The eggs are not stored or displayed at an ambient temperature
above 32 degrees Celsius (90 degrees Fahrenheit).
   (4) Retail egg containers are prominently labeled "REFRIGERATE
AFTER PURCHASE" or a conspicuous sign is posted advising consumers
that these eggs are to be refrigerated as soon as practical after
purchase.
   (5) Retail egg containers are conspicuously identified with the
date of the packing.
   (6) Any eggs that are unsold after four days from the date of the
packing shall be stored and displayed pursuant to subdivision (a),
diverted to pasteurization, or destroyed in a manner approved by the
enforcement agency.
113998.  (a) Whenever any potentially hazardous food, as defined in
Section 113845, that has been prepared, cooked, and cooled by a food
facility is thereafter reheated by that food facility for hot
holding, it shall be reheated to a minimum internal temperature of 74
degrees Celsius (165 degrees Fahrenheit).
   (b) Any potentially hazardous ready-to-eat food taken from a
commercially processed, hermetically sealed container, or from an
intact package from a food processing plant that is inspected by the
food regulatory authority that has jurisdiction over the plant, shall
be heated to a temperature of at least 57.2 degrees Celsius (135
degrees Fahrenheit) for hot holding.  A minimum temperature shall not
be required if the food described in this subdivision is prepared
for immediate service.
114000.  Raw duck, that otherwise would be readily perishable, shall
be exempt from the provisions of Section 113995 for a period not to
exceed two hours, if the duck will subsequently be cooked at or above
a temperature of 177 degrees Celsius (350 degrees Fahrenheit) for at
least 60 minutes.
   (a) Whole Chinese-style roast duck shall be exempted from Section
113995 for a period not to exceed four hours after the duck is
prepared, since the methods used to prepare these foods inhibit the
growth of microorganisms that can cause food infections or food
intoxications.
   Nothing in this section shall be construed to supersede any
provision of this chapter except the provisions specified in this
section.
   (b) For the purpose of this section, "Chinese-style roast duck"
shall include, but is not limited to, Chinese-style barbecue duck,
dry hung duck, and Peking duck.  Chinese-style roast duck means duck
that is prepared as follows:
   (1) The abdominal cavity is cleaned.
   (2) The duck is marinated.
   (3) The cavity is closed prior to cooking.
   (4) The duck is roasted at a temperature of 177 degrees Celsius
(350 degrees Fahrenheit) or more for at least 60 minutes.
114002.  (a) Whenever food has been prepared so that it becomes
potentially hazardous, or is potentially hazardous food that has been
heated, it shall be rapidly cooled if not held at or above 57.2
degrees Celsius (135 degrees Fahrenheit).
   (b) After heating or hot holding, potentially hazardous food shall
be cooled rapidly according to the following:
   (1) From 57.2 degrees Celsius, (135 degrees Fahrenheit) to 21
degrees Celsius (70 degrees Fahrenheit) within two hours.
   (2) From 21 degrees Celsius (70 degrees Fahrenheit) to 5 degrees
Celsius (41 degrees Fahrenheit) or below within four hours.
   (c) If prepared at ambient temperature, potentially hazardous food
shall be cooled rapidly from ambient temperature to 5 degrees
Celsius (41 degrees Fahrenheit) or below within four hours.
   (d) The rapid cooling of potentially hazardous food shall be
completed by one or more of the following methods based on the type
of food being cooled:
   (1) Placing the food in shallow, heat-conducting pans.
   (2) Separating the food into smaller or thinner portions.
   (3) Using rapid-cooling equipment.
   (4) Using containers that facilitate heat transfer.
   (5) Adding ice as an ingredient.
   (6) Inserting appropriately designed containers in an ice bath and
stirring frequently.
   (7) In accordance with a HACCP plan adopted pursuant to Section
114055 or 114056.
   (8) Utilizing other effective means that have been approved by the
enforcement agency.
   (e) When potentially hazardous food is placed in cooling or
cold-holding equipment, food containers in which the food is being
cooled shall be:
   (1) Arranged in the equipment, to the extent practicable, to
provide maximum heat transfer through the container walls.
   (2) Loosely covered, or uncovered if protected from overhead
contamination, to facilitate heat transfer from the surface of the
food.
   (3) Stirred as necessary to evenly cool a liquid or a semiliquid
food.
   (f) Notwithstanding subdivision (e), other methods of cooling
potentially hazardous food may be utilized, unless deemed
unacceptable by the enforcing agency, including, but not limited to,
a HACCP plan adopted pursuant to Section 114055 or 114056.
114003.  (a) Food shall be inspected as soon as practicable upon
receipt and prior to any use, storage, or resale.
   (b) Food shall be accepted only if the inspection conducted upon
receipt determines that the food satisfies all of the following:
   (1) Was prepared by and received from approved sources.
   (2) Is received in a wholesome condition.
   (3) Is in containers that are not contaminated or damaged in a
manner as to permit contamination of food.
   (4) Is in containers and on pallets that are not infested with
vermin.
   (c) Potentially hazardous food shall be inspected for signs of
spoilage and randomly checked for adherence to the temperature
requirements set forth in Section 113995.  No temperatures need be
taken of foods that are hard-frozen or are visibly well packed in
ice.
   (d) Shell eggs shall be clean and unbroken upon receipt.
   (e) (1) No raw or raw frozen molluscan shellfish shall be accepted
unless each container is properly labeled with the species,
quantity, harvest site, date of harvest, and name and certification
number of the harvester or original shipper or both.  The shellfish
certification tag or label shall be maintained upon the original
container until emptied and then retained for a period of not less
than 90 days from the date of receipt.  In the case of a food
establishment that sells full containers of shucked or unshucked
shellfish, an invoice or written record containing all of the
required shellfish information may be maintained, for a period of not
less than 90 days from the date of receipt, in lieu of maintaining
the certification tag or label as provided in the preceding sentence.
   (2) Live molluscan shellfish may not be accepted unless received
at an internal temperature of 7 degrees Celsius (45 degrees
Fahrenheit) or below; provided, however, that the shellfish may be
accepted at a temperature above 7 degrees Celsius (45 degrees
Fahrenheit) if received on the date of harvest.
   (f) Frozen food shall be accepted only if there are no visible
signs of thawing or refreezing.
114005.  The local enforcement agency may approve the use of legally
obtained donated fish and game by nonprofit organizations authorized
to serve meals to indigent persons.
   "Fish," as used in this section, shall be defined as that term is
used in Section 45 of the Fish and Game Code.
   "Game," as used in this section, means any game bird, as defined
in Section 3500 of the Fish and Game Code, or game mammal, as defined
in Section 3950 of the Fish and Game Code.
114010.  All food shall be prepared, stored, displayed, dispensed,
placed, transported, sold, and served as to be protected from dirt,
vermin, unnecessary handling, droplet contamination, overhead
leakage, or other contamination.
114015.  (a) (1) No unpackaged food that has been served to any
person or returned from any eating area shall be served again or used
in the preparation of other food.
   (2) No food prepared or stored in a private home shall be used,
stored, served, offered for sale, sold, or given away in a food
facility.
   (3) Except as provided in paragraph (4), a private home shall not
be used for the purpose of giving away, selling, or handling food at
retail, as defined in Section  113875.
   (4) Nonperishable, prepackaged food may be given away, sold, or
handled from a private home.  For purposes of this paragraph only:
(A) "nonperishable food" means a food that is not a potentially
hazardous food, and does not show signs of spoiling, becoming rancid,
or developing objectable odors during storage at ambient
temperatures; and (B) no food that has exceeded the labeled shelf
life date recommended by the manufacturer shall be deemed to be
"nonperishable."
   (b) Except as provided in subdivision (c) of Section  114080,
every bakery product shall have a protective wrapping that bears a
label that complies with the labeling requirements prescribed by the
Sherman Food, Drug, and Cosmetic Law ( Part 5 (commencing with
Section 109875)).  Bakery products sold directly to a restaurant,
catering service, or retail bakery, or sold over the counter directly
to the consumer by the manufacturer or bakery distributor shall be
exempt from this subdivision.  French style, hearth-baked, or
hard-crusted loaves and rolls shall be considered properly wrapped if
contained in an open-end bag of sufficient size to enclose the
loaves or rolls.
114020.  (a) No employee shall commit any act that may result in the
contamination or adulteration of food, food contact surfaces, or
utensils.
   (b) All employees preparing, serving, or handling food or utensils
shall wear clean, washable outer garments, or other clean uniforms.
All employees shall wear hairnets, caps, or other suitable coverings
to confine all hair when required to prevent the contamination of
food, equipment, or utensils.
   (c) All employees shall thoroughly wash their hands and that
portion, if any, of their arms exposed to direct food contact by
vigorously rubbing them with cleanser and warm water, paying
particular attention to areas between the fingers and around and
under the nails, rinsing with clean water.  Employees shall wash
their hands:
   (1) Immediately before engaging in food preparation, including
working with unpackaged food, clean equipment and utensils, and
unwrapped single-service food containers and utensils.
   (2) Before dispensing or serving food or handling clean tableware
and serving utensils in the food service area.
   (3) As often as necessary, during food preparation, to remove soil
and contamination and to prevent cross-contamination when changing
tasks.
   (4) When switching between working with raw foods and working with
ready-to-eat foods.
   (5) After touching bare human body parts other than clean hands
and clean, exposed portions of arms.
   (6) After using the toilet room.
   (7) After caring for or handling any animal allowed in a food
facility pursuant to Section 114045.
   (8) After coughing, sneezing, using a handkerchief or disposable
tissue, using tobacco, eating, or drinking.
   (9) After handling soiled equipment or utensils.
   (10) After engaging in any other activities that contaminate the
hands.
   (d) No employee shall expectorate or use tobacco in any form in
any area where food is prepared, served, or stored, or where utensils
are cleaned or stored.
   (e) Food employees shall use utensils, including scoops, forks,
tongs, paper wrappers, gloves, or other implements, to assemble
ready-to-eat food or to place ready-to-eat food on tableware or in
other containers.  However, ready-to-eat food may be assembled or
placed on tableware or in other containers in an approved food
preparation area without using utensils by employees who comply with
the hand washing requirements specified in subdivision (c).  Food
that has been served to the customer and then wrapped or packaged at
the direction of the customer shall be handled only with utensils.
These utensils shall be properly sanitized before reuse.
   (f) Gloves shall be worn when contacting food and food contact
surfaces if the employee has any cuts, sores, rashes, artificial
nails, nail polish, rings (other than a plain ring, such as a wedding
band), uncleanable orthopedic support devices, or finger nails that
are not clean, neatly trimmed, and smooth.
   (g) Whenever gloves are worn, they shall be changed, replaced, or
washed as often as hand washing is required in subdivision (c).  When
single-use gloves are used, they shall be replaced after removal.
114021.  The employer shall post and maintain legible signs to
prevent food contamination, including, but not limited to, all of the
following:
   (a) A conspicuous sign in each toilet room directing attention to
the need to thoroughly wash hands after using the toilet.
   (b) "No Smoking" signs in food preparation, food storage, utensil
cleaning, and utensil storage areas.
114022.  When information as to the possibility of disease
transmission is presented to an enforcement officer, he or she shall
investigate the conditions and take appropriate action.  The
enforcement officer may, after investigation and for reasonable
cause, require any or all of the following measures to be taken:
   (a) The immediate exclusion of any employee from the affected food
facility.
   (b) The immediate closing of the food facility until, in the
opinion of the enforcement officer, no further danger of disease
outbreak exists.  Any appeal of the closure shall be made in writing
within five days to the applicable enforcement agency.
   (c) A medical examination of any employee, with any laboratory
examination which may be indicated.  Should a medical examination be
refused by an employee, the enforcement officer may require the
immediate exclusion of the refusing employee from that or any other
food facility until an acceptable medical or laboratory examination
shows that the employee is not affected with a disease in a
communicable form.
114025.  (a) Only those insecticides, rodenticides, and other
pesticides that are specifically approved for use in a food facility
may be used.
   (b) All poisonous substances, detergents, bleaches, cleaning
compounds, and all other injurious or poisonous materials shall be
used and stored in containers specifically and plainly labeled as to
contents, hazard, and use, except for those products held for retail
sale.
   (c) All poisonous substances, detergents, bleaches, cleaning
compounds, and all other injurious or poisonous materials shall be
stored and used only in a manner that is not likely to cause
contamination or adulteration of food, food contact surfaces,
utensils, or packaging materials.
114030.  A food facility shall at all times be so constructed,
equipped, maintained, and operated as to prevent the entrance and
harborage of animals, birds, and vermin, including, but not limited
to, rodents and insects.
114035.  Each food facility shall be provided with any facilities
and equipment necessary to store or dispose of all waste material.
All food waste and rubbish containing food waste shall be kept in
leakproof and rodentproof containers and shall be contained so as to
minimize odor and insect development by covering with close-fitting
lids or placement in a disposable bag that is impervious to moisture
and then sealed.  Trash containers inside a food facility need not be
covered during periods of operation.  All food waste and rubbish
shall be removed and disposed of in a sanitary manner as frequently
as may be necessary to prevent the creation of a nuisance.
114040.  The premises of each food facility shall be kept clean and
free of litter, rubbish, and vermin.
114045.  (a) Except as otherwise provided in subdivision (b), no
live animal, bird, or fowl shall be kept or allowed in any food
facility.
   (b) Subdivision (a) does not prohibit the presence, in any room
where food is served to the public, guests, or patrons, of a guide
dog, signal dog, or service dog, as defined by Section 54.1 of the
Civil Code, accompanied by a totally or partially blind person, deaf
person, person whose hearing is impaired, or handicapped person, or
dogs accompanied by persons licensed to train guide dogs for the
blind pursuant to Chapter 9.5 (commencing with Section 7200) of
Division 3 of the Business and Professions Code.
   (c) Subdivision (a) does not apply to dogs under the control of
uniformed law enforcement officers or of uniformed employees of
private patrol operators and operators of a private patrol service
who are licensed pursuant to Chapter 11.5 (commencing with Section
7580) of Division 3 of the Business and Professions Code, while these
employees are acting within the course and scope of their employment
as private patrol persons.
   (d) The persons and operators described in subdivisions (b) and
(c) are liable for any damage done to the premises or facilities by
the dog.
   (e) The dogs described in subdivisions (b) and (c) shall be
excluded from food preparation and utensil  wash areas.  Aquariums
and aviaries shall be allowed if enclosed so as not to create a
public health problem.
114050.  All food facilities and all equipment, utensils, and
facilities shall be kept clean, fully operative, and in good repair.
114055.  (a) Food facilities may operate pursuant to a HACCP plan.
   (b) The person operating a food facility pursuant to a HACCP plan
shall designate at least one person to be responsible for developing
HACCP plans, verifying that HACCP plans are effective, and training
employees.
   (1) The designated person shall have knowledge in the causes of
foodborne illness.
   (2) The designated person shall have knowledge of HACCP principles
and their application.
   (c) A minimum of one person per shift shall be designated who is
knowledgeable in the HACCP plan or plans adopted by the operator to
be responsible for adherence to any HACCP plan used, take corrective
actions when necessary, and assure monitoring records are properly
completed.
   (d) Food receiving, storage, display, and dispensing procedures
may be addressed under a general HACCP plan if the foods have common
hazards and critical control points.
   (e) Food facilities may engage in the following only pursuant to a
HACCP plan adopted pursuant to this section or Section 114056:
   (1) Acidification of potentially hazardous foods to prevent
bacterial growth.
   (2) Packing potentially hazardous foods in an oxygen-reduced
atmosphere for a period that exceeds 10 days.
   (3) Storing partially cooked meals in sealed containers at
temperatures above negative 17 degrees Celsius (0 degrees Fahrenheit)
for a period that exceeds 10 days.
   (4) Preserving foods by smoking, curing, or using food additives.
   (f) All critical limit monitoring equipment shall be suitable for
its intended purpose and be calibrated as specified by its
manufacturer.  The food facility shall maintain all calibration
records for a period not less than two years.
   (g) No verification of the effectiveness of a critical limit is
required if the critical limits used in the HACCP plan do not differ
from the critical limits set forth in Sections 113845, 113995, and
114003.
   (h) HACCP training of employees shall be documented and HACCP
training records of an employee shall be retained for the duration of
employment or a period not less than two years, whichever is
greater.  Training given to employees shall be documented as to date,
trainer, and subject.
   (i) All critical control point monitoring records shall be
retained for a period not less than 90 days.
   (j) Nothing in this section shall be deemed to require the
enforcement agency to review or approve a HACCP plan.
114056.  (a) Any HACCP plan that uses critical limits other than
those stated in Sections 113845, 113995, and 114003 shall not be
implemented without prior review and approval by the enforcement
agency.
   (b) Any HACCP plan using acidification or water activity to
prevent the growth of Clostridium botulinum shall not be implemented
without prior review and approval by the department.
   (c) The enforcement agency shall collect fees sufficient only to
cover the costs for review, inspections, and any laboratory samples
taken.
   (d) Any HACCP plan may be disapproved if it does not comply with
HACCP principles.
   (e) The enforcement agency may suspend or revoke, as set forth in
this subdivision, its approval of a HACCP plan without prior notice
if the plan:  is determined to pose a public health risk due to
changes in scientific knowledge or the hazards present; or there is a
finding that the food facility does not have the ability to follow
its HACCP plan; or there is a finding that the food facility does not
consistently follow its HACCP plan.
   (1) Within 30 days of written notice of suspension or revocation
of approval, the food facility may request a hearing to present
information as to why the HACCP plan suspension or revocation should
not have taken place or to submit HACCP plan changes.
   (2) The hearing shall be held within 15 working days of the
receipt of a request for a hearing.  Upon written request of the
permittee the hearing officer may postpone any hearing date, if
circumstances warrant that action.
   (3) The hearing officer shall issue a written notice of decision
within five working days following the hearing.  If the decision is
to suspend or revoke approval, the reason for suspension or
revocation shall be included in the written decision.
114057.  (a) Potentially hazardous foods that are packed by the food
facility in oxygen-reduced atmosphere or have been partially cooked
and sealed in any container or configuration that creates anaerobic
conditions shall be plainly date coded.  The date coding shall state
"Use By" followed by the appropriate month, day, and year.
   (b) For purposes of this section, "partially cooked" means
potentially hazardous foods that have not been sufficiently cooked to
assure commercial sterility or fail to have barriers to prevent the
growth of or toxin formation by Clostridium botulinum.
114060.  (a) Manual sanitization shall be accomplished in the final
sanitizing rinse by one of the following:
   (1) Contact with a solution of 100 ppm available chlorine solution
for 30 seconds.
   (2) Contact with a solution of 25 ppm available iodine for one
minute.
   (3) Contact with a solution of 200 ppm quaternary ammonium for one
minute.
   (4) Contact with water of at least 82 degrees Celsius (180 degrees
Fahrenheit) for 30 seconds.
   (5) Contact with any chemical sanitizer that meets the
requirements of Section 178.1010 of Title 21 of the Code of Federal
Regulations when used in accordance with the manufacturer's use
directions as specified on the product label.
   (b) In-place sanitizing shall be as described in paragraph (1),
(2), (3), or (4) of subdivision (a).
   (c) Other methods may be used if approved by the department.
   (d) Testing equipment and materials shall be provided to
adequately measure the applicable sanitization method.
   (e) Chemical sanitizers shall be approved for use in food
facilities and shall be used in accordance with the manufacturer's
use directions as specified on the product label.
114065.  All new and replacement food-related and utensil-related
equipment shall be certified or classified for sanitation by an
American National Standards Institute (ANSI) accredited certification
program.  In the absence of an applicable ANSI sanitation
certification, food-related and utensil-related equipment shall be
approved by the enforcement agency.
114070.  Sulfites shall not be added to potentially hazardous foods.