Current through Rules and Regulations filed through November 21, 2024
Rule 511-6-2-.19 - Food Service Options(1) Food Service Establishment. All food service facilities except for bed and breakfast inns shall comply with provisions of O.C.G.A. Chapter 26-2. Art. 13 and the rules, regulations and standards adopted thereunder. Bed and breakfast inns, and tourist accommodations without a foodservice permit, shall instead comply with this Rule.(2) Continental Breakfast. A tourist accommodation without a food service permit may serve a continental breakfast as defined in DPH Rule 511-6-2-.03(d); foods not requiring preparation and cooking; potentially hazardous foods commercially prepared and packaged in single-servings; non potentially hazardous foods commercially prepared and packaged and served from the original container or an approved dispenser such as bagels or bread that may require only reheating or toasting by tourists, if the conditions of subsections 2(a) through (j) are met. All food items on display must be protected from contamination. Food shall be safe for human consumption, and obtained from sources that comply with applicable laws. (a) A minimum two-compartment sink, large enough to fully immerse the largest utensil used and a refrigerator which can maintain food temperatures at or below 41°F (5°C) shall be required. The need for a refrigerator may be waived if no potentially hazardous foods are served.(b) Condiments containing potentially hazardous ingredients and milk must be stored in a refrigerator, except for individual, single-service coffee creamers that are non-dairy, and individual, single-service, ultra high pasteurized coffee creamers that are labeled by the manufacturer as not requiring refrigeration.(c) A thermometer, accurate to (+2ºF (±1ºC) shall be provided in the refrigerator and located to be easily readable.(d) Only single service disposable plates, cups and utensils shall be used in a continental breakfast operation. However, a facility may use multi-use utensils and/or a mechanical bulk juice dispenser, if the operator provides warewashing equipment to wash, rinse and sanitize all multi-use utensils. At minimum, the operator shall install a three compartment sink large enough to fully immerse the largest utensil used and provide adequate space to air-dry and store the utensils.(e) Ice used for keeping displayed foods cold must be constantly drained and cannot be used in beverages. If ice is needed for beverages, it must be dispensed from self service machines or presented in cups pre-filled by the management. Pre-filling shall be done only with the use of an approved ice scoop.(f) If ready-to-eat, whole raw, uncut, fruits are included within continental breakfast menus, then adequate protective display equipment such as sneeze guard shielding or other protective display equipment must be provided to protect these food items from contamination from the tourist. In addition, self-service utensils, such as tongs and/or single-service articles, such as sanitary deli paper, must be provided to protect ready-to-eat, whole raw, uncut, fruits from potential contamination from consumer self-service.(g) In all newly constructed, remodeled, or renovated establishments serving continental breakfasts, an employee handsink equipped with hot and cold water under pressure and maintained with a supply of dispensed soap and paper towels must be provided for hand washing. The handsink shall be located inside the physical facility where the continental breakfast food handling and warewashing operations are conducted. The water at this hand washing sink must be tempered by a mixing faucet.(h) In all newly constructed, remodeled or renovated establishments serving continental breakfasts, the physical facilities for food storage, food transfer and equipment warewashing shall comply with the following criteria: 1. Physical facilities must be physically and functionally separate from those associated with laundry, janitorial, living and or sleeping activities and associated storage facilities;2. Floors, floor coverings, walls, wall coverings, and ceilings, with the exception of a ceiling in a non perishable food storage and seating area, shall be designed, constructed, and installed so they are smooth and easily cleanable;3. Studs, joists, and rafters may not be exposed within physical facilities, except as listed in (h) 2. and4. Physical facilities shall be so designed and constructed so as to exclude the presence of vermin.5. All equipment, food, and supplies must be kept at least six inches off of the floor.(i) Any preparation beyond the limitations of a continental breakfast requires a food service permit.(3) Bed and Breakfast Inn. A bed and breakfast inn may serve a full meal prepared as referenced in DPH Rule 511-6-2-.03(b) within this Chapter in a residential kitchen located within the inn, if the following requirements are met. (a) Limited Food Service: Food may only be prepared for guests staying in rooms located in the bed and breakfast inn. No catering off the premises will be allowed.(b) Food Supplies: 1. Food shall be in sound condition, safe for human consumption, and obtained from sources that comply with the applicable laws relating to food safety. The use of food in hermetically sealed containers that was not prepared in a food processing establishment is prohibited. However, jams, jellies, and preserves made at the bed and breakfast inn from naturally high-acid fruits may be served to guests.2. Fluid milk and fluid milk products used shall be pasteurized and shall comply with applicable law. Dry milk and milk products used shall be made from pasteurized milk and milk products and shall be used only in cooking. Raw milk shall not be provided or used.3. Only clean shell eggs meeting U.S. Department of Agriculture grade standards or pasteurized liquid, frozen or dry eggs or pasteurized dry egg products shall be used.4. Only ice which has been manufactured with potable water and handled in a sanitary manner shall be used.(c) Food Protection: 1. All food shall be prepared, stored, displayed, dispensed, placed, transported, sold, and served so as to be protected from dirt, vermin, unnecessary handling, droplet contamination, overhead leakage, or other contamination.2. The temperature of potentially hazardous foods shall be 41°F (5°C) or below or 135ºF (60°C) or above at all times, except during necessary times of preparation. (i) Potentially hazardous foods shall be stored in a refrigerator or freezer that can maintain required product temperatures.(ii) A thermometer accurate to ±2°F shall be provided for each refrigeration unit and shall be located to indicate the air temperature in the warmest part of the unit and shall be affixed to be readily visible.(iii) Containers of potentially hazardous food displayed for service may be placed in an ice bed or held by a similar means which maintains the food at or below 41°F. An accurate easily readable metal probe thermometer suitable for measuring the temperature of food shall be readily available on the premises.3. Hermetically sealed packages shall be handled so as to maintain product and container integrity.4. Containers of food shall be stored a minimum of six inches above the floor in a manner that protects the food from splash and other contamination and that permits easy cleaning of the storage area.5. Pets may be present on the premises, but shall be kept out of food preparation and dining areas at all times. This exclusion shall not apply to fish in aquariums. Service animals accompanying handicapped persons and trainers of such animals shall be permitted in dining areas.6. Laundry facilities may be present in the residential kitchen, but shall not be used during food preparation and service. Laundry facilities will consist of at least a residential clothes washer and dryer and adequate storage facilities for clean laundry and separation of soiled laundry and supplies.7. Tourists shall not be allowed to use cooking facilities in the residential kitchen.8. No insecticide, rodenticide, or other poisonous substance shall be stored in any food preparation area, except in a separate enclosure provided for that purpose. All poisonous substances, detergents, bleaches, cleaning compounds, or any other injurious or poisonous material shall be specifically and plainly labeled as to contents and hazardous use and shall be stored only in their original, labeled container. Such products shall not be used or stored in a manner which may cause contamination or adulteration of food, food contact surfaces, or utensils.(d) Food Preparation: 1. Food shall be prepared with a minimum of manual contact. Food shall be prepared on food-contact surfaces and with utensils that are clean and have been sanitized. Food handlers shall not handle or touch ready-to-eat foods with their bare hands.2. Raw fruits and raw vegetables that will be cooked, cut, or combined with other ingredients, or that will be otherwise processed into food products by the food establishment, shall be cleaned with potable water in sinks or containers that have been washed and sanitized before being used.3. Potentially hazardous food (time/temperature control for safety food) processed by cooking shall be cooked to heat all parts of the food to a minimum time/temperature as follows: (i) shell eggs (for immediate service), beef steak, and unground meat and fish shall be cooked to an internal temperature of 145°F (63°C) or above for 15 seconds; (ii) ground meat and pork, fish, game animals raised for food, and eggs for hot holding shall be cooked to an internal temperature of at least 155°F (68°C) for 15 seconds; (iii) roast beef shall be cooked to an internal temperature of at least 130°F (54°C) for 112 minutes; (iv) poultry or any stuffed meat, poultry, or fish shall be cooked to an internal temperature of 165°F (74°C) for 15 seconds. See the Department's rules and regulations governing food service establishments Chapter 511-5-14 or future subsequent Chapters adopted thereafter for reference to time/temperature cooking requirements.4. Potentially hazardous foods (time/temperature control for safety foods) shall be cooked and immediately served to tourists. The following potentially hazardous food handling practices are prohibited: (i) Cooling and reheating prior to service.(ii) Hot holding for more than two hours.(iii) Undercooked or raw potentially hazardous food (time/temperature control for safety food) of animal origin served to tourists.(iv) Service of leftovers.5. All frozen food shall be kept frozen until preparation. No food which has been thawed shall be refrozen unless it has been cooked or processed. Potentially hazardous foods shall be thawed: (i) In refrigerated units at a temperature not to exceed 41°F (5°C); or(ii) Under potable running water at a temperature of 70°F (21°C) or below, with sufficient water velocity to agitate and float off loose food particles into the overflow and for a period of time not to exceed that reasonably required to thaw the food; or(iii) In a microwave oven only when the food will be immediately transferred to conventional cooking units as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in the microwave oven; or(iv) As part of the conventional cooking process.(e) Food Display and Service: 1. Employees serving food shall use tongs, other utensils, or wear plastic gloves.2. When food is displayed for customer self service, it is not necessary to have protective sneeze shields as long as the following guidelines are met. (i) Potentially hazardous foods are kept at or below 41°F (5° C) or at or above 135°F (57°C).(ii) Food is displayed no more than two hours.(iii) No open food or potentially hazardous foods is reserved or reused.(iv) Tongs or other suitable utensils are provided so that there is no hand contact with the food.(f) Health and Practices: 1. No person, while infected with a disease in a communicable form that can be transmitted by foods, or who is a carrier of organisms that cause such a disease, as stated within the Department's rules and regulations governing food service establishments Chapter 511-5-14 or future subsequent Chapters adopted thereafter, or while affected with a boil, infected wound, or acute respiratory infection, shall work in any capacity in which there is a likelihood of such person contaminating food or food contact surfaces with pathogenic organisms or transmitting disease to other persons.2. Persons engaged in food preparation, service, and warewashing operations shall wear clean clothing and properly wash their hands and the exposed portions of their arms with soap or detergent and warm water before starting work, after smoking, eating, or using the toilet, and as often as is necessary during work to keep them clean. Employees shall keep their fingernails trimmed and clean. All bed and breakfast inns permitted or extensively remodeled after the effective date of this rule shall provide facilities exclusively for handwashing within or adjacent to each kitchen. In bed and breakfast inns existing prior to the effective date of these "Rules", the utensil warewashing sink may be used for handwashing. Soap and paper towels in dispensers must be provided.3. Persons engaged in food preparation shall wear a hair net, cap, or other suitable covering which restrains all loose hairs and shall maintain a high degree of personal cleanliness and conform to good hygienic practices during all working periods.4. Employees shall consume food or use tobacco only in designated areas. Such designated areas shall not be located in food preparation areas or in areas where the eating or tobacco use of an employee may result in contamination of food, equipment, or utensils.(g) Equipment and Utensils: 1. Equipment and utensils shall be constructed and repaired with safe materials, including finishing materials; shall be corrosion resistant and nonabsorbent; and shall be smooth, easily cleanable and durable under conditions of normal use. Single service articles shall be made from clean, sanitary, and safe materials. Equipment, utensils and single service articles shall not impart odors, color and taste nor contribute to the contamination of food.2. Safe plastic or safe rubber or safe rubber-like materials that are resistant under normal conditions of use to scratching, scoring, decomposition, grazing, chipping, and distortion, that are of sufficient weight and thickness to permit cleaning and sanitizing by normal warewashing methods are permitted for repeated use.3. Single service articles shall not be re-used.4. All equipment and utensils shall be maintained in good repair.(h) Cleaning and Sanitization of Equipment and Utensils: 1. Food utensils and equipment shall be stored in a manner to avoid contamination.2. Food contact surfaces and sinks shall be smooth and easily cleanable.3. Food contact equipment, surfaces, tableware, and utensils shall be cleaned and sanitized prior to food preparation for the public and after each use.4. Sinks, basins, or other receptacles used for cleaning of equipment and utensils shall be cleaned before use.5. Equipment and utensils shall be pre-flushed or pre-scraped and, when necessary, presoaked to remove food particles and soil.6. Manual cleaning and sanitizing of cooking equipment, utensils, and tableware shall be conducted as follows: (i) A 3-compartmented, warewashing sink shall be provided and used. The Health Authority may allow the use of compartments other than sinks.(ii) All five steps of the warewashing process shall be completed: pre-rinsing or scraping; application of cleaners for soil removal; rinsing to remove cleaning chemicals; sanitizing and air drying.(iii) Sanitizing may be accomplished by immersion or sanitizing in place with the use of a 50 ppm chlorine solution or 12.5 ppm iodine solution or other chemical sanitizer which meets the requirements of 40 Code of Federal Regulation 180.940 Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions).(iv) Wash, rinse and sanitizing solutions shall be maintained in a clean condition.(v) Water for washing and rinsing shall be maintained at 110°F (43°C) or above. Water for sanitizing shall be maintained at 75°F (24°C) or above. If using iodine for chemical sanitization, water shall be at a pH not higher than 5.0.(vi) A test kit or device that measures the parts per million concentration of the sanitizing solution shall be used each time the sanitizing solution is changed.7. Mechanical cleaning and sanitizing shall be conducted as follows: (i) A commercial warewasher must be certified by NSF standards or equivalent, in good repair and operating to manufacturer's specifications.(ii) If using a non-commercial warewasher, it must remove all physical soil from all surfaces of dishes and must be equipped with a high temperature rinse cycle such as a sani-cycle and all cycles on the machine must be used (prewash, wash, sanitizing rinse) and be certified by NSF standards or,(iii) If no high temperature rinse cycle is provided, the hot water supplied to the machine must be at a minimum of 155°F (68°C). The operator shall use daily, a maximum registering thermometer or a heat thermal label to determine that the sanitizing rinse water temperature is a minimum of 155°F (68°C).(iv) The dishwasher warewasher must be installed and operated according to manufacturer's instructions for the highest level of sanitization possible when sanitizing residential kitchen facilities' utensils and tableware. A copy of the instructions must be available on the premises at all times.8. There shall be sufficient area or facilities such as portable dish tubs and drain boards for the proper handling of soiled utensils prior to washing and of cleaned utensils after sanitization. Use shall not to interfere with safe food handling, handwashing, and the proper use of dishwashing facilities. Equipment, utensils, and tableware shall be air dried only.Ga. Comp. R. & Regs. R. 511-6-2-.19
O.C.G.A. §§ 31-2A-6 and 31-28-5.
Original Rule entitled "Food Service Options" adopted. F. Jul. 16, 2013; eff. Jan. 1, 2014, as specified by the Agency.