Title 25 DCMR — FOOD OPERATIONS AND COMMUNITY HYGIENE FACILITIES

25-A FOOD AND FOOD OPERATIONS

25-A1 TITLE, INTENT, AND SCOPE

25-A DCMR § 100 TITLE ─ FOOD CODE

100.1 These provisions shall be known as the Food Code, hereinafter referred to as “this Code.”

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 101 INTENT ─ FOOD SAFETY, ILLNESS PREVENTION, AND HONEST PRESENTATION

101.1 The purpose of this Code is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 102 SCOPE ─ STATEMENT

102.1 This Code establishes definitions; sets standards for management and personnel, food operations, and equipment and facilities; provides for food establishment plan review, license issuance, inspections, and the exclusion or restriction of food employees and conditional employees; sets requirements for bed & breakfast kitchens, caterers and catered facilities; and provides for enforcement through licensing, license suspension and revocation, embargo and condemnation of foods and equipment, and fines and penalties.

102.2 Certain provisions of this Code are identified as priority items, priority foundation items, or core items are as follows:

(a) Priority items are provisions whose application contributes directly to the elimination, prevention, or reduction to an acceptable level of hazards associated with foodborne illness or injury, when there is no other provision that more directly controls the hazard. A priority item is denoted with a superscripted letter “P” (P);

(b) Priority foundation items are provisions whose application supports facilities or enables one (1) or more priority items. A priority foundation item is denoted with superscripted letters “Pf” (Pf); and

(c) Core items are provisions that are not designated as a priority item or a priority foundation item and that usually relate to general sanitation, operational controls, sanitation standards operating procedures (SSOPs), facilities or structures, equipment design, or general maintenance.

102.3 The provisions of Chapters 1 through 49 are supplemental to other rules that apply to specific food operations, and supplement other applicable District rules.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A2 SUPERVISION AND TRAINING OF FOOD EMPLOYEES

25-A DCMR § 200 RESPONSIBILITY ─ ASSIGNMENT & QUALIFICATION OF PERSON IN CHARGE

200.1 The licensee shall be the person in charge or shall designate a person in charge, who shall serve as an on-site manager or supervisor. The licensee shall ensure that a person in charge is present at the food establishment during all hours of operation. Pf

200.2 The licensee or person in charge shall designate an alternate person in charge to serve as on-site manager or supervisor at all times when the regular person in charge cannot be present.

200.3 Each person in charge shall be adequately trained to ensure that the food establishment operates in compliance with this Code. Each person in charge shall also be a certified food protection manager as required by § 203.

200.4 Documentation that each person in charge is a certified food protection manager with knowledge of food safety shall be conspicuously posted in the food establishment next to the food establishment license. Such documentation shall be removed when the individual is no longer employed on-site by the establishment.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 201 KNOWLEDGE ─ PERSON IN CHARGE

201.1 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 Department of Health (Department) knowledge of foodborne disease prevention, application of the Hazard Analysis Critical Control Point (HACCP) principles, and the requirements of this Code.

201.2 The person in charge shall demonstrate the knowledge required in § 201.1 by:

(a) Complying with this Code by having no violations of critical items during the current inspection; Pf

(b) Being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program; or Pf

(c) Responding correctly to the inspector’s questions as they relate to the specific food establishment. The person in charge shall be knowledgeable in the following areas:

(1) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee; Pf

(2) Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease; Pf

(3) Describing the symptoms associated with the diseases that are transmissible through food; Pf

(4) Explaining the significance of the relationship between maintaining the time and temperature of potentially hazardous food (time/temperature control for safety food) and the prevention of foodborne illness; Pf

(5) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish; Pf

(6) Stating the required food temperatures and times for safe cooking of potentially hazardous food (time/temperature control for safety food) including meat, poultry, eggs, and fish; Pf

(7) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of potentially hazardous food (time/temperature control for safety food); Pf

(8) Describing the relationship between the prevention of foodborne illness and the management and control of:

(A) Cross contamination; Pf

(B) Hand contact with ready-to-eat foods; Pf

(D) Maintaining the food establishment in a clean condition and in good repair; Pf

(9) Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction; Pf

(10) Explaining the relationship between food safety and providing equipment that is sufficient in number and capacity, and properly designed, constructed, located, installed, operated, maintained, and cleaned; Pf

(11) Explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment; Pf

(12) Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections; Pf

(13) Identifying poisonous or toxic materials in the food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to applicable District of Columbia law; Pf

(14) Identifying critical control points in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of this Code; Pf

(15) Explaining the details of how the person in charge and food employees comply with the HACCP Plan if a plan is required by this Code, or an agreement between the Department and the establishment; Pf

(16) Explaining the responsibilities, rights, and authorities assigned by this Code to the food employee, conditional employee, person in charge, and the Department; and Pf

(17) Explaining how the person in charge, food employees, and conditional employee comply with reporting responsibilities and exclusion or restriction of food employees. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 202 DUTIES ─ PERSON IN CHARGE

202.1 The person in charge shall ensure that food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified in § 2918. Pf

202.2 The person in charge shall ensure that persons unnecessary to the food establishment operation are not allowed in the food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles are protected from contamination. Pf

202.3 The person in charge shall ensure that employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with this Code. Pf

202.4 The person in charge shall ensure that employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing. Pf

202.5 The person in charge shall ensure that employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately presented by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt. Pf

202.6 The person in charge shall ensure that employees are properly cooking potentially hazardous foods (time/temperature control for safety foods), being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under Sections 1510 and 1816.2. Pf

202.7 The person in charge shall ensure that employees are using proper methods to rapidly cool potentially hazardous foods (time/temperature control for safety foods) that are not held hot or are not for consumption within four (4) hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling. Pf

202.8 The person in charge shall ensure that consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed as specified in Section 1105 that the food is not cooked sufficiently to ensure its safety. Pf

202.9 The person in charge shall ensure that employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, ph, temperature, and exposure time for chemical sanitizing. Pf

202.10 The person in charge shall ensure that consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets as specified in § 814. Pf

202.11 The person in charge shall ensure that employees are preventing cross contamination of ready-to-eat food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment, except as specified in § 800.4. Pf

202.12 The person in charge shall ensure that employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties. Pf

202.13 The person in charge shall ensure that food employees and conditional employees are informed of their responsibility to report information about their health and activities as they relate to diseases that are transmissible through food, as specified in § 300.1. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 203 CERTIFICATION AND DISTRICT-ISSUED ID REQUIREMENTS ─ FOOD PROTECTION MANAGER, PERSON IN CHARGE

203.1 Each person in charge shall be certified by a food protection manager certification program that is accredited by the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs. Such certified food protection managers shall be deemed in compliance with § 201.2(b). P

203.2 A person in charge who is a certified food protection manager as required in § 203.1 shall be re-certified every three (3) years. P

203.3 A person in charge who is a certified food protection manager as required in § 203.1 shall obtain a District-issued Food Protection Manager Identification Card (ID Card), issued by the Department, and shall renew the District-issued ID Card every three (3) years. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A3 FOOD EMPLOYEE/APPLICANT HEALTH

25-A DCMR § 300 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF FOOD EMPLOYEES AND CONDITIONAL EMPLOYEES TO REPORT SYMPTOMS AND DIAGNOSIS

300.1 The licensee shall require food employees and conditional employees to report to the person in charge, in accordance with this section, information about their health and activities as they relate to diseases that are transmissible through food.

300.2 A food employee or conditional employee shall report the information in a manner that allows the person in charge to reduce the risk of foodborne disease transmission, including providing necessary additional information, such as the date of onset of symptoms of an illness or of a diagnosis without symptoms.

300.3 A food employee or conditional employee shall report to the person in charge when he or she has any of the following symptoms:

(a) Vomiting; P

(b) Diarrhea; P

(d) Sore throat with fever; P or

(e) A lesion containing pus, such as a boil or infected wound that is open or draining and is:

(1) On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a single-use glove is worn over the impermeable cover; P

(2) On exposed portions of the arms, unless the lesion is protected by an impermeable cover; P or

(3) On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage. P

300.4 A food employee or conditional employee shall report to the person in charge if a licensed physician or physician’s assistant has diagnosed him or her with an illness due to:

(a) Norovirus; P

(b) Hepatitis A virus; P

(d) Enterohemorrhagic or Shiga Toxin-Producing Escherichia coli; P or

(e) Salmonella Typhi. P

300.5 A food employee or conditional employee shall report to the person in charge if he or she had a previous illness, diagnosed by a licensed physician or physician’s assistant, within the past three (3) months due to Salmonella Typhi, without having received antibiotic therapy. P

300.6 A food employee or conditional employee shall report to the person in charge if he or she has been exposed to, or is the suspected source of, a confirmed disease outbreak involving one of the diseases specified in § 300.4, because the food employee or conditional employee:

(a) Consumed or prepared food implicated in the outbreak;

(b) Consumed food at an event prepared by a person who is infected or ill with the disease;

(d) Is living in the same household as an individual who works in or attends a setting where there is a confirmed disease outbreak, and the employee has knowledge of that person’s exposure; or

(e) Is living in the same household as an individual diagnosed with an illness and has knowledge of the diagnosis.

300.7 A food employee or conditional employee shall make the report required under § 300.6 if the exposure was to:

(a) Norovirus and the most recent exposure occurred within the past forty- eight (48) hours; P

(b) Enterohemorrhagic or Shiga Toxin-Producing Escherichia coli, or Shigella spp. and the most recent exposure occurred within the past three (3) days; P

(d) Hepatitis A virus and the most recent exposure occurred within thirty (30) days. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 301 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF PERSON IN CHARGE TO REPORT SPECIFIC ILLNESS OF FOOD EMPLOYEE TO THE DEPARTMENT

301.1 The person in charge shall notify the Department when a food employee is:

(a) Jaundiced; Pf or

(b) Diagnosed with an illness due to a pathogen specified in § 300.4. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 302 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF PERSON IN CHARGE TO PROHIBIT A CONDITIONAL EMPLOYEE WITH A SPECIFIC ILLNESS FROM BECOMING A FOOD EMPLOYEE

302.1 The person in charge shall ensure that a conditional employee who exhibits or reports a symptom, or reports a diagnosed illness as specified in § 300.3 through 300.5, is prohibited from becoming a food employee until the conditional employee satisfies the requirements for reinstatement associated with specific symptoms or diagnosed illnesses specified in § 307. P

302.2 The person in charge shall ensure that a conditional employee who will work as a food employee in a food establishment that serves as a highly susceptible population and reports a history of exposure as specified in § 300.6 and 300.7, is prohibited from becoming a food employee until the conditional employee satisfies the requirements associated with specific symptoms or diagnosed illnesses specified in § 307.10. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 303 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF PERSON IN CHARGE TO EXCLUDE OR RESTRICT ILL FOOD EMPLOYEES

303.1 The person in charge shall ensure that a food employee who exhibits or reports a symptom or who reports a diagnosed illness or a history of exposure as specified in § 300.3 through 300.7 is:

(a) Excluded as specified in § 305, and §§ 306.1(a) and 306.2(a), except as provided in § 307; P or

(b) Restricted as specified in § 306, except as provided in § 307. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 304 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF FOOD EMPLOYEES TO COMPLY WITH EXCLUSIONS OR RESTRICTIONS

304.1 A food employee shall comply with:

(a) An exclusion imposed pursuant to § 305, and § 306.1(a) or § 306.2(a), unless reinstated pursuant to § 307; P or

(b) A restriction imposed pursuant to Section 306, unless reinstated pursuant to § 307. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 305 DISEASE OR MEDICAL CONDITION ─ CONDITIONS REQUIRING EXCLUSION OF ILL FOOD EMPLOYEES

305.1 Except when the symptom is from a noninfectious condition, the person in charge shall exclude a food employee from a food establishment, if the food employee is:

(a) Symptomatic with vomiting or diarrhea; P or

(b) Symptomatic with vomiting or diarrhea and diagnosed with an infection from Norovirus, Shigella spp., or Enterohemorrhagic or Shiga Toxin- Producing Escherichia coli. P

305.2 The person in charge shall exclude a food employee who is:

(a) Jaundiced and the onset of jaundice occurred within the last seven (7) calendar days, unless the food employee provides the person in charge with written medical documentation from a licensed physician or physician’s assistant specifying that the jaundice is not caused by hepatitis A virus or other fecal-orally transmitted infection; P

(b) Diagnosed with an infection from hepatitis A virus within fourteen (14) calendar days after the onset of any illness symptoms, or within seven (7) calendar days after the onset of jaundice; P or

305.3 The person in charge shall exclude a food employee who is diagnosed with an infection from Salmonella Typhi, or reports a previous infection with Salmonella Typhi within the past three (3) months without having received antibiotic therapy. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 306 DISEASE OR MEDICAL CONDITION ─ CONDITIONS REQUIRING EXCLUSION OR RESTRICTION OF ILL FOOD EMPLOYEES

306.1 If a food employee is diagnosed with an infection from Norovirus, Shigella spp., or Enterohemorrhagic or Shiga Toxin-Producing Escherichia coli, and is asymptomatic, the person in charge shall:

(a) Exclude the food employee who works in a food establishment serving a highly susceptible population; P or

(b) Restrict the food employee who works in a food establishment not serving a highly susceptible population. P

306.2 If a food employee is ill with symptoms of acute onset of sore throat with fever, the person in charge shall:

(a) Exclude the food employee who works in a food establishment serving a highly susceptible population; P or

(b) Restrict the food employee who works in a food establishment not serving a highly susceptible population. P

306.3 The person in charge shall restrict a food employee who is infected with a skin lesion containing pus, such as a boil or infected wound that is open or draining and not properly covered as specified in § 300.3(e). P

306.4 The person in charge shall restrict a food employee who has been exposed to a foodborne pathogen as specified in § 300.6 and 300.7, and who works in a food establishment serving a highly susceptible population. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 307 DISEASE OR MEDICAL CONDITION ─ RESPONSIBILITY OF PERSON IN CHARGE TO REMOVE, ADJUST, OR RETAIN EXCLUSIONS AND RESTRICTIONS OF ILL FOOD EMPLOYEES

307.1 If a food employee is not diagnosed with an infection from hepatitis A virus or Salmonella Typhi, the person in charge may:

(a) Reinstate a food employee who was excluded under § 305.1(a) for being symptomatic with vomiting or diarrhea if the food employee is asymptomatic for at least twenty-four (24) hours; P or

(b) The food employee provides the person in charge with written medical documentation from a licensed physician or physician’s assistant that states the food employee’s symptom is from a noninfectious condition. P

307.2 If a food employee was diagnosed with an infection from Norovirus and excluded under § 305.1(b), the person in charge shall:

(a) Restrict the food employee who is asymptomatic for at least twenty-four (24) hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified in § 307.6(a) or (b) are met; P or

(b) Retain the exclusion for the food employee, who is asymptomatic for at least twenty-four (24) hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified in § 307.6(a) or (b) are met. P

307.3 If a food employee was diagnosed with an infection from Shigella spp. or Entrohemorrahgic or Shiga Toxin-Producing Escherichia coli and excluded under § 305.1(b), the person in charge shall:

(a) Restrict the food employee who is asymptomatic for at least twenty-four (24) hours, and works in a food establishment not serving a highly susceptible population until the conditions for reinstatement as specified in § 307.7 are met; P or

(b) Retain the exclusion for the food employee who is asymptomatic for at least twenty-four (24) hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified in § 307.7 are met. P

307.4 The person in charge shall reinstate a food employee who was excluded due to jaundice or a diagnosis of hepatitis A virus under § 305.2 if the person in charge obtains approval from the Department and one (1) of the following conditions is met:

(a) The food employee has been jaundiced for more than seven (7) calendar days; P

(b) The anicteric food employee has been symptomatic with symptoms other than jaundice for more than fourteen (14) calendar days; P or

(c) The food employee provides to the person in charge with written medical documentation from a licensed physician or physician’s assistant stating that the food employee is free of a hepatitis A virus infection.

307.5 The person in charge shall reinstate a food employee who was excluded for Salmonella Typhi under § 305.3 if:

(a) The person in charge obtains approval from the Department; P and

(b) The food employee provides the person in charge with written medical documentation from a licensed physician that states the food employee is free from Salmonella Typhi infection. P

307.6 The person in charge shall reinstate a food employee who was excluded under § 305.1(b) or restricted under §§ 306.1 or 307.2 for Norovirus if the person in charge obtains the Department’s approval and one (1) of the following conditions is met:

(a) The excluded or restricted employee provides the person in charge with written medical documentation from a licensed physician or physician’s assistant that states the food employee is free of Norovirus infection; P

(b) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than forty-eight (48) hours have passed since the food employee became asymptomatic; P or

(c) The food employee was excluded or restricted and did not develop symptoms and more than forty-eight (48) hours have passed since the food employee was diagnosed. P

307.7 The person in charge shall reinstate a food employee who was excluded under § 305.1(b) or restricted under § 306.1 or § 307.3 for Shigella spp. or Entrohemorrahgic or Shiga Toxin-Producing Escherichia coli if the person in charge obtains approval from the Department and one (1) of the following conditions is met:

(a) The excluded or restricted food employee provides the person in charge with written medical documentation from a licensed physician or physician’s assistant that states the food employee is free of a Shigella spp. or Entrohemorrahgic or Shiga Toxin-Producing Escherichia coli infection based on test results showing two (2) consecutive negative stool specimen cultures that are taken:

(1) Not earlier than forty-eight (48) hours after discontinuance of antibiotics; P and

(2) At least twenty-four (24) hours apart; P

(b) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than seven (7) calendar days have passed since the food employee became asymptomatic; P or

(c) The food employee was excluded or restricted and did not develop symptoms and more than seven (7) calendar days have passed since the food employee was diagnosed. P

307.8 The person in charge shall reinstate a food employee who was excluded or restricted under § 306.2 for sore throat with fever if the food employee provides the person in charge with written medical documentation from a licensed physician or physician’s assistant that states the food employee meets one (1) of the following conditions:

(a) Has received antibiotic therapy for Streptoccoccus pyogenes infection for more than twenty-four (24) hours; P

(b) Has at least one negative throat specimen culture for Streptoccoccus pyogenes infection; P or

(c) Is otherwise determined by a licensed physician or physician’s assistant to be free of a Streptoccoccus pyogenes infection. P

307.9 The person in charge shall reinstate a food employee who was restricted as specified in Subsection 306.3 if the skin, infected wound, cut, or pustular boil is properly covered with one (1) of the following:

(a) An impermeable cover such as a finger cot or stall and a single-use glove over the impermeable cover if the infected wound or pustular boil is on the hand, finger, or wrist; P

(b) An impermeable cover on the arm if the infected wound or pustular boil is on the arm; P or

307.10 The person in charge shall reinstate a food employee who was restricted as specified in § 306.4 and was exposed to a pathogen as specified in § 300.6 or 300.7, if:

(a) The exposure was to Norovirus and one (1) of the following conditions is met:

(1) More than forty-eight (48) hours have passed since the last day the food employee was potentially exposed; P or

(2) More than forty-eight (48) hours have passed since the food employee’s household contact became asymptomatic; P

(b) The exposure was to Shigella spp. or Enterohemorrhagic or Shiga Toxin Producing Escherichia coli and one (1) of the following conditions is met:

(1) More than three (3) calendar days have passed since the last day the food employee was potentially exposed; P or

(2) More than three (3) calendar days have passed since the food employee’s household contact became asymptomatic; P

(1) More than fourteen (14) calendar days have passed since the last day the food employee was potentially exposed; P or

(2) More than fourteen (14) calendar days have passed since the food employee’s household contact became asymptomatic; P

(d) The exposure was to hepatitis A virus and one (1) of the following conditions is met:

(1) The food employee is immune to hepatitis A virus infection because of a prior illness from hepatitis A; P

(2) The food employee is immune to hepatitis A virus infection because of vaccination against hepatitis A; P

(3) The food employee is immune to hepatitis A virus infection because of Immunoglobulin G (IgG) administration; P

(4) More than thirty (30) calendar days have passed since the last day the food employee was potentially exposed; P

(5) More than thirty (30) calendar days have passed since the food employee’s household contact became jaundiced; P or

(6) The food employee does not use an alternative procedure that allows bare hand contact with ready-to-eat food until at least thirty (30) calendar days after the potential exposure, as specified in §§ 307.10(d)(4) and 307.10(d)(5), and the food employee receives additional training about:

(A) Hepatitis A symptoms and preventing the transmission of infection; P

(B) Proper handwashing procedures; P and

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A4 PERSONAL CLEANLINESS OF FOOD EMPLOYEES

25-A DCMR § 400 HANDS AND ARMS ─ CLEAN CONDITION

400.1 Food employees shall keep their hands and exposed portions of their arms clean. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 401 HANDS AND ARMS ─ CLEANING PROCEDURE

401.1 Except as specified in § 401.4, food employees shall clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands or arms, for at least twenty (20) seconds, using a cleaning compound in a handwashing sink that is equipped as specified in § 2402 and §§ 3000 through 3005. P

401.2 Food employees shall use the following cleaning procedure in the order stated to clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands and arms:

(a) Rinse under clean, running warm water; P

(b) Apply an amount of cleaning compound recommended by the cleaning compound manufacturer; P

(1) Paying particular attention to removing soil from underneath the fingernails during the cleaning procedure, P and

(2) Creating friction on the surfaces of the hands and arms or surrogate prosthetic devices for hands and arms, finger tips, and areas between the fingers; P

(d) Thoroughly rinse under clean, running warm water; P

(e) Immediately follow the cleaning procedure with thorough drying using a method specified in § 3002; P and

(f) Sanitize hands when appropriate in addition to, but not in place of, the proper handwashing methods.

401.3 To avoid recontaminating their hands or surrogate prosthetic devices, food employees may use disposable paper towels or similar clean barriers when touching surfaces such as manually operated faucet handles on a handwashing sink or the handle of a restroom door.

401.4 If approved and capable of removing the types of soils encountered in the food operations involved, food employees may use an automatic handwashing facility to clean their hands or surrogate prosthetic devices.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 402 HANDS AND ARMS ─ WHEN TO WASH

402.1 Food employees shall clean their hands and exposed portions of their arms as specified in § 401 immediately before working in direct contact with food, clean equipment and utensils, and unwrapped single-service and single-use articles, P and:

(a) After touching bare human body parts other than clean hands and clean, exposed portions of arms; P

(b) After using the toilet room; P

(d) After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking; P

(e) After handling soiled surfaces, equipment, or utensils; P

(f) During food preparation, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks; P

(g) After each absence from the work station; P

(h) Immediately before touching ready-to-eat food or food-contact surfaces; P

(i) When switching between working with raw food and working with ready to-eat food; P

(j) Before donning gloves for working with food; P and

(k) After engaging in other activities that contaminate the hands. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 403 HANDS AND ARMS ─ WHERE TO WASH

403.1 Food employees shall clean their hands in a handwashing sink or approved automatic handwashing facility and shall not clean their hands in a sink used for food preparation or warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water or similar liquid waste. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 404 HANDS AND ARMS ─ HAND ANTISEPTICS

404.1 A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap shall:

(a) Comply with one (1) of the following:

(1) Be an approved drug that is listed in the Food and Drug Administration (FDA) publication Approved Drug Products with Therapeutic Equivalence Evaluations as an approved drug based on safety and effectiveness; Pf or

(2) Have active antimicrobial ingredients that are listed in the FDA monograph for over-the-counter (OTC) Health-Care Antiseptic Drug Products as an antiseptic handwash; Pf and

(b) Comply with one (1) of the following:

(1) Have components that are exempt from the requirements of being listed in the federal food additive regulations as specified in 21 C.F.R. § 170.39 – Threshold of regulation for substances used in food-contact articles; Pf

(2) Comply with and be listed in 21 C.F.R. part 178 − Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers as regulated for use as a food additive with conditions of safe use; Pf or

(3) Comply with and be listed in 21 C.F.R. part 182 – Substances Generally Recognized as Safe, 21 C.F.R. part 184 – Direct Food Substances Affirmed as Generally Recognized as Safe, or 21 C.F.R. part 186 – Indirect Food Substances Affirmed as Generally Recognized as Safe; Pf and

404.2 If a hand antiseptic or a hand antiseptic solution used as a hand dip does not meet the criteria specified in § 404.1(b), use shall be:

(a) Followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves; Pf or

(b) Limited to employees working in situations that involve no direct contact with food by the bare hands. Pf

404.3 A hand antiseptic solution used as a hand dip shall be maintained clean and at a strength equivalent to at least one hundred parts per million (100 ppm) of chlorine or twenty-five parts per million (25 ppm) of iodine and changed every four (4) hours while in use. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 405 HANDS AND ARMS ─ FINGERNAIL MAINTENANCE

405.1 All persons working in direct contact with food, clean equipment and utensils, or unwrapped single-service and single-use articles shall keep their fingernails trimmed, filed, and maintained so that the edges and surfaces are cleanable and not rough. Pf

405.2 Unless wearing intact gloves in good repair, a food employee shall not wear fingernail polish or artificial fingernails when working with exposed food, clean equipment and utensils, or unwrapped single-service and single-use articles. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 406 HANDS AND ARMS ─ JEWELRY PROHIBITION

406.1 Persons working in direct contact with food, clean equipment and utensils, or unwrapped single-service and single-use articles shall not wear jewelry, including medical information jewelry on their arms or hands, except for a plain ring such as a wedding band.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 407 OUTER CLOTHING ─ CLEAN CONDITION

407.1 Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 408 OUTER CLOTHING CLEAN CONDITION

408.1 Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles. When moving from a raw food operation to a ready-to-eat food operation, food employees shall wear clean outer covering over clothing or change to clean clothing if clothing is soiled.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6220 (July 5, 2002).

25-A5 HYGIENIC PRACTICES OF FOOD EMPLOYEES

25-A DCMR § 500 FOOD CONTAMINATION PREVENTION ─ EATING, DRINKING, OR USING TOBACCO

500.1 Persons working in direct contact with food, clean equipment and utensils, and unwrapped single-service and single-use articles shall not:

(a) Eat, drink, chew gum, or use any form of tobacco, except in designated areas where food, clean equipment and utensils, and unwrapped single service and single-use articles are not exposed, and where equipment or utensils are not washed or stored; or

(b) Drink, except from a closed beverage container if the container is handled to prevent contamination of the employee’s hands or the container, where food, clean equipment and utensils, linens, and unwrapped single-service and single-use articles are exposed, and where equipment or utensils are washed or stored.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 501 FOOD CONTAMINATION PREVENTION ─ DISCHARGES FROM THE EYES, NOSE, AND MOUTH

501.1 Food employees experiencing persistent sneezing, coughing, or a runny nose that causes a discharge from the eyes, nose, or mouth shall not work with exposed food, clean equipment and utensils, linens, or unwrapped single-service and single-use articles.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 502 FOOD CONTAMINATION PREVENTION ─ HAIR RESTRAINTS, EFFECTIVENESS

502.1 Food employees shall wear clean and effective hair restraints, such as hairnets or beard nets, if appropriate, and clothing that covers body hair that are designed and worn to effectively keep hair from contacting exposed food, clean equipment and utensils, linens, and unwrapped single-service and single-use articles. Hats, caps, scarves or other head covers are acceptable if the hair is contained to prevent contamination. Hair spray and tying back the hair in a ponytail are not effective hair restraints.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 503 FOOD CONTAMINATION PREVENTION ─ ANIMALS, PROHIBITION ON HANDLING

503.1 Food employees shall not care for or handle animals that may be present in the food establishment, such as patrol dogs, or service animals that are allowed as specified in §§ 3214.2(b) through (e).

503.2 Food employees may handle or care for fish in aquariums or molluscan shellfish or crustacea in display tanks if they wash their hands as specified in § 401 and § 402.1(c).

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 504 RESPONDING TO CONTAMINATION EVENTS ─ CLEAN-UP OF VOMITING AND DIARRHEAL EVENTS

504.1 A licensee shall ensure that its food establishment shall have procedures for employees to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the food establishment. The procedures shall address the specific actions employees must take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A6 CHARACTERISTICS OF FOOD

25-A DCMR § 600 CONDITION OF FOOD

600.1 Food shall be safe, unadulterated, and, as specified in § 1101, honestly presented.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A7 SOURCES, SPECIFICATIONS, AND ORIGINAL CONTAINERS AND RECORDS FOR FOOD

25-A DCMR § 700 SOURCES ─ COMPLIANCE WITH FOOD LAWS

700.1 Food shall be obtained from sources that comply with federal and state laws and An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246; D.C. Official Code §§ 48-101, et seq. (2009 Repl. & 2011 Supp.)). P

700.2 Food prepared or stored in a private home shall not be used or offered for human consumption in a food establishment, except as provided in Chapter 38 – Residential Kitchens in Bed and Breakfast Operations. P

700.3 Packaged food shall be labeled as specified in law, including 21 C.F.R. § 101 − Food Labeling, 9 C.F.R. § 317 − Labeling, Marking Devices, and Containers, and 9 C.F.R. § 381.117, Subpart N − Labeling and Containers, and as specified in §§ 713 and 714. Pf

700.4 Fish, other than those specified in § 903.2 that are intended for consumption in their raw or undercooked form and allowed as specified in § 900.3 may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified in § 903, or frozen on the premises as specified in § 903 and records are retained as specified in § 904.

700.5 Whole-muscle, intact beefsteaks that are intended for consumption in an undercooked form without a consumer advisory as specified in § 900.4 shall be:

(a) Obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them to indicate that the steaks meet the definition of whole-muscle, intact beef; Pf or

(b) Deemed acceptable by the Department based on other evidence, such as written buyer specifications or invoices, that indicates the steaks meet the definition of “whole-muscle, intact beef,” Pf and

(1) Cut from whole-muscle intact beef that is labeled by a food processing plant as specified in § 700.5(a) or identified as specified in § 700.5(b); Pf

(2) Prepared so they remain intact; Pf and

(3) If packaged for undercooking in a food establishment, labeled as specified in § 700.5(a) or identified as specified in § 700.5(b). Pf

700.6 Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption shall be labeled to include safe handling instructions as specified in law, including 9 C.F.R. § 317.2(l) Labels; definition; required features, and 9 C.F.R. § 381.125(b) Special handling label requirements.

700.7 Eggs that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in law, including 21 C.F.R. § 101.17(h).

700.8 A licensee or person-in-charge shall be responsible for providing evidence indicating that he/she has reason to believe that food items in the food establishment comply with the requirements of this Code and shall, when requested by the Department, furnish the name and business address of the supplier or suppliers from whom any particular food item was purchased.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 701 SOURCES ─ FOOD IN HERMETICALLY SEALED CONTAINERS

701.1 Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by FDA in accordance with Section 704 of the Federal Food Act (21 U.S.C. § 374) – Factory Inspection; and the state regulatory agency that has jurisdiction over the plant. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 702 SOURCES ─ FLUID MILK AND MILK PRODUCTS

702.1 Fluid milk and milk products shall be obtained from sources that comply with the requirements of the Grade “A” Pasteurized Milk Ordinance (Grade “A” PMO), 2009 Revision recommended by the U.S. Health Service/ Food and Drug Administration (USPHS/FDA), and who are issued permits by state regulatory agencies participating in the voluntary Cooperative State-USPHS/FDA Program for the Certification of Interstate Milk Shippers.P The 2009 version of the Grade “A” PMO is incorporated by reference.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 703 SOURCES ─ FISH

703.1 Fish that are received for sale or service shall be commercially and legally caught or harvested, or approved for sale or service. P

703.2 Molluscan shellfish that are recreationally caught shall not be received for sale or service. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 704 SOURCES ─ MOLLUSCAN SHELLFISH

704.1 Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish: 2009 Revision. P This Guide is incorporated by reference.

704.2 Molluscan shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 705 SOURCES ─ WILD MUSHROOMS

705.1 Except as specified in § 705.2, mushroom species picked in the wild shall be obtained from approved sources where each mushroom is individually inspected and found to be safe by an approved mushroom identification expert who has successfully completed a wild mushroom identification course provided by either an accredited college or university or a mycological society. P

705.2 This section does not apply to:

(a) Cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated according to the United States Standards for Grades of Mushrooms 1966 (Reprinted 1997) by the food regulatory agency that has jurisdiction over the operation; or

(b) Wild mushroom species if they are in packaged form and are the product of a food processing plant that is regulated according to the United States Standards for Grades of Mushrooms 1966 (Reprinted 1997) by the food regulatory agency that has jurisdiction over the operation.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 706 SOURCES ─ GAME ANIMALS

706.1 If game animals are received for sale or service, they shall be commercially raised for food, and shall be:

(a) Raised, slaughtered, and processed under a voluntary inspection program that is; regulated by the U.S. Department of Agriculture, Food Safety and Inspection Service (USDA/ FSIS) Federal Meat Inspection Act (21 U.S.C. § 661) – Meat Inspection or the state agency that has jurisdiction over the plant; P

(b) Under a routine inspection program regulated by the USDA/ FSIS Federal Meat Inspection Act (21 U.S.C. § 661) – Meat Inspection or the state agency that has jurisdiction over the plant; P and

(1) Laws governing meat and poultry as determined by the USDA/ FSIS Federal Meat Inspection Act (21 U.S.C. §§ 603 and 604) – Meat Inspection or the state agency that has jurisdiction over the plant; P and

(2) Requirements which are developed by the USDA/ FSIS Federal Meat Inspection Act (21 U.S.C. §§ 603, 604, and 661) – Meat Inspection; or the state agency that has jurisdiction over the plant; including consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian’s designee. P

706.2 If game animals are received for sale or service they shall be under a voluntary inspection program administered by the USDA for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are "inspected and approved" in accordance with 9 C.F.R. § 352 − Exotic Animal; Voluntary Inspection, or rabbits that are "inspected and certified" in accordance with 9 C.F.R. § 354 − Voluntary Inspection of Rabbits And Edible Products Thereof. P

706.3 If wild game animals are live-caught and received for sale or service, as allowed by law, they shall be: P

(a) Under a routine inspection program regulated by the USDA/ FSIS Federal Meat Inspection Act (21 U.S.C. §§ 603 and 604) – Meat Inspection; or the state agency that has jurisdiction over the plant; P and

(b) Slaughtered and processed according to:

(1) Laws governing meat and poultry as determined by the USDA/ FSIS Federal Meat Inspection Act (21 U.S.C. §§ 603 and 604) – Meat Inspection; Poultry Products Inspection Act (21 U.S.C. § 454), or the state agency that has jurisdiction over the plant; P and

(2) Requirements developed by the USDA/ FSIS Federal Meat Inspection Act (21 U.S.C. §§ 603, 604, and 661) – Meat Inspection, or the state agency that has jurisdiction over the plant including consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian’s designee. P

706.4 If field-dressed wild game animals are received for sale or service, as allowed by law, they shall be under a routine inspection program that ensures the animals:

(a) Receive a postmortem examination by an approved veterinarian or veterinarian's designee; P or

(b) Are field-dressed and transported according to requirements specified by the USDA/ FSIS Federal Meat Inspection Act (21 U.S.C. §§ 603, 604, and 661) – Meat Inspection, or the state agency that has jurisdiction over the plant; and

(c) Are processed according to laws governing meat and poultry as determined by the USDA/ FSIS Federal Meat Inspection Act (21 U.S.C. §§ 603, 604, and 661) – Meat Inspection; USDA/ FSIS Poultry Inspection Act (21 U.S.C. §§ 451, 454, 455, and 456) - Poultry Inspection, or the state agency that has jurisdiction over the plant; P

706.5 A game animal may not be received for sale or service if it is a species of wildlife that is listed in 50 C.F.R. § 17 − Endangered and Threatened Wildlife and Plants.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 707 SPECIFICATIONS FOR RECEIVING ─ TEMPERATURE

707.1 Except as specified in § 707.2, refrigerated, potentially hazardous food (time/ temperature control for safety food) shall be at a temperature of five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or below when received. P

707.2 If a temperature other than five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) for a potentially hazardous food (time/ temperature control for safety food) is specified in law governing its distribution, such as laws governing milk and molluscan shellfish, the food may be received at the specified temperature.

707.3 Raw eggs shall be received in refrigerated equipment that maintains an ambient air temperature of seven degrees Celsius (7o C) (forty-five degrees Fahrenheit (45o F)) or less. P

707.4 Potentially hazardous food (time/temperature control for safety food) that is cooked to a temperature and for a time specified in §§ 900 through 902, and received hot shall be at a temperature of fifty-seven degrees Celsius (57o C) (one hundred thirty-five degrees Fahrenheit (135o F)) or above. P

707.5 A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen. Pf

707.6 Upon receipt, potentially hazardous food (time/temperature control for safety food) shall be free of evidence of previous temperature abuse. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 708 SPECIFICATIONS FOR RECEIVING ─ ADDITIVES

708.1 Food shall not contain unapproved food additives or additives that exceed amounts specified in 21 C.F.R. §§ 170 through 180 relating to food additives, generally recognized as safe, or prior sanctioned substances that exceed amounts specified in 21 C.F.R. §§ 181 through 186, substances that exceed amounts specified in 9 C.F.R. subpart C § 424.21(b) – Use of Food Ingredients and Sources of Radiation, or pesticides residues that exceed provisions in 40 C.F.R. § 180 – Tolerances for Pesticide Chemicals in Food, and exceptions. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 709 SPECIFICATIONS FOR RECEIVING ─ EGGS

709.1 Eggs shall be received clean and sound and may not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200, et seq., administered by the Agricultural Marketing Service of USDA. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 710 SPECIFICATIONS FOR RECEIVING ─ EGGS AND MILK PRODUCTS, PASTEURIZED

710.1 Egg products shall be obtained pasteurized. P

710.2 Fluid and dry milk and milk products shall be obtained pasteurized and comply with Grade A Standards as specified by the USPHS/FDA recommended Grade “A” Pasteurized Milk Ordinance (Grade “A” PMO), 2009 Revision. P

710.3 Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in 21 C.F.R. § 135 − Frozen Desserts. P

710.4 Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in the C.F.R., such as 21 C.F.R. § 133 − Cheeses and Related Cheese Products, for curing certain cheese varieties. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 711 SPECIFICATIONS FOR RECEIVING ─ PACKAGE INTEGRITY

711.1 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. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 712 SPECIFICATIONS FOR RECEIVING ─ ICE

712.1 Ice for use as a food or a cooling medium shall be made from drinking water. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 713 SPECIFICATIONS FOR RECEIVING ─ SHUCKED SHELLFISH, PACKAGING AND IDENTIFICATION

713.1 Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the: Pf

(a) Name, address, and certification number of the shucker, packer or repacker of the molluscan shellfish; Pf and

(b) The "sell by" or “best if used by” date for packages with a capacity of less than one and eighty-nine hundredths of a liter (1.89 L) (one-half gallon (1/2 gal.) or the date shucked for packages with a capacity of one and eighty-nine hundredths of a liter (1.89 L (one-half gallon)) or more. Pf

713.2 A package of raw shucked shellfish that does not bear a label or bears a label that does not contain all the information specified in § 713.1 shall be subject to an embargo order, as allowed by § 4702, or seizure and destruction in accordance with 21 C.F.R. subpart D − Specific Administrative Decisions Regarding Interstate Shipments, § 1240.60(d) Molluscan Shellfish.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 714 SPECIFICATIONS FOR RECEIVING ─ SHELLSTOCK IDENTIFICATION

714.1 Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester or dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, and that list the information in §§ 714.2 and 714.3. Pf

714.2 Except as specified in § 714.5, the harvester's tag or label shall list the following information in the following order: Pf

(a) The harvester's identification number that is assigned by the Shellfish Control Authority; Pf

(b) The date of harvesting; Pf

(c) The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the Shellfish Control Authority and including the abbreviation of the name of the state or country in which the shellfish are harvested; Pf

(d) The type and quantity of shellfish; Pf and

(e) The following statement in bold, capitalized type: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS." Pf

714.3 Except as specified in § 714.6, the following information shall appear in the following order on each dealer’s tag or label: Pf

(a) The dealer's name and address, and the certification number assigned by the Shellfish Control Authority; Pf

(b) The original shipper's certification number, including the abbreviation of the name of the state or country in which the shellfish are harvested; Pf

(d) The following statement in bold, capitalized type: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS." Pf

714.4 A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all the information specified in §§ 714.l through 714.3 shall be subject to an embargo order, as allowed by § 4702, or seizure and destruction in accordance with 21 C.F.R. subpart D − Specific Administrative Decisions Regarding Interstate Shipments, § 1240.60(d).

714.5 If a place is provided on the harvester's tag or label for a dealer's name, address, and certification number, the dealer's information shall be listed first.

714.6 If the harvester's tag or label is designed to accommodate each dealer's identification as specified in §§ 714.3(a) and (b), individual dealer tags or labels need not be provided.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 715 SPECIFICATIONS FOR RECEIVING ─ SHELLSTOCK, CONDITION

715.1 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 716 ORIGINAL CONTAINERS AND RECORDS ─ MOLLUSCAN SHELLFISH

716.1 Except as specified in §§ 716.2 and 716.3, molluscan shellfish may not be removed from the container in which they are received other than immediately before sale or preparation for service.

716.2 Shellstock may be removed from the container, in which they are received, displayed on drained ice, or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:

(a) The source of the shellstock on display is identified as specified in § 714 and recorded as specified in § 717; and

(b) The shellstock are protected from contamination.

716.3 Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer’s request if:

(a) The labeling information for the shellfish on display as specified in § 713 is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and

(b) The shellfish are protected from contamination.

716.4 Shucked shellfish may be removed from the container in which they were received and repacked in consumer self service containers where allowed by law if:

(a) The labeling information for the shellfish is on each consumer self service container as specified in § 713 and §§ 1102.1 and 1102.2 (a) through (e);

(b) The labeling information as specified in § 713 is retained and correlated with the date when, or dates during which, the shellfish are sold or served;

(d) The shellfish are protected from contamination.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 717 ORIGINAL CONTAINERS AND RECORDS ─ SHELLSTOCK, MAINTAINING IDENTIFICATION

717.1 Except as specified in § 717.4, shellstock tags or labels shall remain attached to the container in which the shellstock are received until the container is empty. Pf

717.2 The date when the last shellstock from the container is sold or served shall be recorded on the tag or label. Pf

717.3 The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for ninety (90) calendar days from the date that is recorded on the tag or labels, as specified in § 717.2 by using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date that is recorded on the tag or label, as specified in § 717.2.Pf

717.4 If shellstock are removed from their tagged or labeled container, the identity and source of shellstock that are sold or served shall be maintained by:

(a) Preserving source identification by using a recordkeeping system as specified in § 717.3; Pf and

(b) Ensuring that shellstock from one (1) tagged or labeled container are not commingled with shellstock from another container with different certification numbers, different harvest dates, or different growing areas as identified on the tag or label before being ordered by the consumer. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 718 ORIGINAL CONTAINERS AND RECORDS ─ PULL DATES

718.1 All pasteurized fluid milk, fresh meat, poultry, fish, bread products, eggs, butter, cheese, cold meat cuts, mildly processed pasteurized products, and potentially hazardous foods sold in food-retail establishments which are pre-wrapped and not intended to be eaten on the premises of the food establishment shall have easily understood pull dates prominently displayed on their containers.

718.2 If any food that has a pull date is rewrapped, the new package shall retain the original pull date and the word “REWRAPPED” shall be prominent displayed on the package.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 719 COMMERCIAL PROCESSED ─ JUICE, TREATED

719.1 Pre-packaged juice shall:

(a) Be obtained from a processor with a HACCP system as specified in 21 CFR Part 120 Hazard Analysis and Critical Control (HACCP) SystemsPf ; and

(b) Be obtained pasteurized or otherwise treated to attain a five (5)-log reduction of the most resistant microorganism of public health significance as specified in 21 C.F.R. part 120.24 Process Controls. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A8 PROTECTION OF FOODS FROM CONTAMINATION AFTER RECEIVING

25-A DCMR § 800 PREVENTING CONTAMINATION BY EMPLOYEES ─ FROM HANDS

800.1 Food employees shall wash their hands as specified in § 401.

800.2 Except when washing fruits and vegetables as specified in § 806 or as specified in § 800.4 food employees shall not contact exposed, ready to eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves or dispensing equipment. P

800.3 Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form. Pf

800.4 Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if:

(a) The licensee obtains prior approval from the Department; and

(b) Written policies and procedures are maintained in the food establishment and are readily available at all times for use by employees and for the Department’s review upon request. The written policies and procedures shall include:

(1) For each bare hand contact procedure, listings of the specific ready-to-eat foods that are touched by bare hands;

(2) Diagrams and other information showing that handwashing facilities, installed, located, equipped, and maintained as specified in §§ 2406, 2411, 2414, 3001, 3002, and 3004, are in an easily accessible location and in close proximity to the work station where the bare hand contact procedure is conducted;

(3) A written employee health policy that details how the food establishment complies with Chapter 3, including:

(A) Documentation that food employees and conditional employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food as specified in §§ 300.1 through 300.7;

(B) Documentation that food employees and conditional employees acknowledge their responsibilities as specified in § 304; and

(C) Documentation that the person in charge acknowledges their responsibilities as specified in §§ 301, 302, 303, 305, 306, and 307;

(4) Documentation that food employees acknowledge that they have received training in:

(A) The risks of contacting the specific ready-to-eat foods with bare hands;

(B) Proper handwashing as specified in § 401;

(D) Where to wash their hands as specified in § 404;

(E) Proper fingernail maintenance as specified in § 405;

(F) Prohibition of jewelry as specified in § 406; and

(G) Good hygienic practices as specified in §§ 500 through 504;

(5) Documentation that hands are washed before food preparation and as necessary to prevent cross contamination by food employees as specified in §§ 400, 401, 403, and 404 during all hours of operation when the specific ready-to-eat foods are prepared;

(6) Documentation that food employees contacting ready-to-eat food with bare hands use two (2) or more of the following control measures to provide additional safeguards to hazards associated with bare hand contact:

(A) Double handwashing;

(B) A hand antiseptic after handwashing as specified in § 405;

(D) Other control measures approved by the Department; and

(7) Documentation that corrective action is taken when the requirements of § 800.4(a) and (b) are not followed.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 801 PREVENTING CONTAMINATION BY EMPLOYEES ─ WHEN TASTING

801.1 A food employee shall not use a utensil more than once to taste food that is to be sold or served. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 802 PREVENTING CROSS CONTAMINATION ─ SEPARATION, PACKAGING AND SEGREGATION

802.1 Food shall be protected from cross contamination by:

(a) Except as specified in § 802.1(a)(3), separating raw animal foods during storage, preparation, holding, and display from:

(1) Raw ready-to-eat food including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as fruits and vegetables; P and

(2) Cooked ready-to-eat food;P and

(3) Frozen, commercially processed and packaged raw animal food may be stored or displayed with or above frozen, commercially processed and packaged, ready-to eat food;

(b) Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by:

(1) Using separate equipment for each type; P or

(2) Arranging each type of food in equipment so that cross contamination of one type with another is prevented, and

(3) Preparing each type of food at different times or in separate areas; P

(d) Except as specified in § 802.2, storing the food in packages, covered containers, or wrappings;

(e) Cleaning hermetically sealed containers of food of visible soil before opening;

(f) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;

(g) Storing damaged, spoiled, or recalled food being held in the food establishment as specified in § 3103; and

(h) Separating fruits and vegetables, before they are washed as specified in § 806 from ready-to-eat food.

802.2 Subsection 802.1(d) does not apply to:

(a) Whole, uncut, raw fruits and vegetables and nuts in the shell, that requires peeling or hulling before consumption;

(b) Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;

(c) Whole, uncut, processed meats such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks;

(d) Food being cooled as specified in § 1004.2(b); or

(e) Shellstock.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 803 PREVENTING FOOD AND INGREDIENT CONTAMINATION ─ FOOD STORAGE CONTAINERS, IDENTIFIED WITH COMMON NAME OF FOOD

803.1 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 804 PREVENTING FOOD AND INGREDIENT CONTAMINATION ─ PASTEURIZED EGGS, SUBSTITUTE FOR RAW SHELL EGGS FOR CERTAIN RECIPES

804.1 Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are not: P

(a) Cooked as specified in § 900.1(a) or (b); P or

(b) Included in § 900.3(a). P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 805 PREVENTING FOOD AND INGREDIENT CONTAMINATION ─ PROTECTION FROM UNAPPROVED ADDITIVES

805.1 Food shall be protected from contamination that may result from the addition of, as specified in § 708:

(a) Unsafe or unapproved food or color additives; P and

(b) Unsafe or unapproved levels of approved food and color additives. P

805.2 A food employee shall not:

(a) Apply sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1; P or

(b) Serve or sell food specified in § 805.2(a) that is treated with sulfating agents before receipt by the food establishment, except that grapes are not included in this subsection.P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 806 PREVENTING FOOD AND INGREDIENT CONTAMINATION ─ WASHING FRUITS AND VEGETABLES

806.1 Raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form except as specified in § 806.2 and except that whole, raw fruits and vegetables that are intended for washing by the consumer before consumption need not be washed before they are sold.

806.2 Fruits and vegetables may be washed by using chemicals as specified in § 3405.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 807 PREVENTING CONTAMINATION FROM ICE USED AS EXTERIOR COOLANT ─ PROHIBITED AS AN INGREDIENT

807.1 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 shall not be used as food. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 808 PREVENTING CONTAMINATION FROM EQUIPMENT AND UTENSILS ─ STORAGE OR DISPLAY OF FOOD IN CONTACT WITH WATER OR ICE

808.1 Packaged food shall not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.

808.2 Except as specified in §§ 808.3 and 808.4, unpackaged food shall not be stored in direct contact with undrained ice.

808.3 Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or water.

808.4 Raw poultry and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 809 PREVENTING CONTAMINATION FROM EQUIPMENT AND UTENSILS ─ FOOD CONTACT WITH EQUIPMENT AND UTENSILS

809.1 Food shall only contact surfaces of:

(a) Equipment and utensils that are cleaned as specified in Chapter 19 and sanitized as specified in Chapter 20; P or

(b) Single-service and single-use articles. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 810 PREVENTING CONTAMINATION FROM UTENSILS ─ IN-USE UTENSILS, BETWEEN-USE STORAGE

810.1 During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:

(a) Except as specified in § 810.1(b), in the food with their handles above the top of the food and the container;

(b) In food that is not potentially hazardous (time/temperature control for safety food) with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;

(c) On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified in §§ 1901 and 2001;

(d) In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;

(e) In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not potentially hazardous (time/temperature control for safety food); or

(f) In a container of water if the water is maintained at a temperature of at least fifty-seven degrees Celsius (57o C) (one hundred thirty-five degrees Fahrenheit (135o F)) and the container is cleaned at a frequency specified in § 1901.3.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 811 PREVENTING CONTAMINATION FROM LINENS AND NAPKINS ─ USE LIMITATION

811.1 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 consumer.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 812 PREVENTING CONTAMINATION FROM WIPING CLOTHS ─ USE LIMITATION

812.1 Cloths that are in-use for wiping food spills from tableware and carry-out containers that occur as food is being served shall be:

(a) Maintained dry; and

(b) Used for no other purpose.

812.2 Cloths that are in-use for wiping counters and other equipment surfaces shall be:

(a) Held between uses in a chemical sanitizer solution at a concentration specified in § 1813; and

(b) Laundered daily as specified in § 2101.4.

812.3 Cloths that are in-use for wiping surfaces in contact with raw animal foods shall be kept separate from cloths used for other purposes.

812.4 Dry wiping cloths and the chemical sanitizing solutions specified in § 812.2(a) in which wet wiping cloths are held between uses shall be free of food debris and visible soil.

812.5 Containers of chemical sanitizing solutions specified in § 812.2(a) in which wet wiping cloths are held between uses shall be stored off the floor and used in a manner that prevents contamination of food, equipment, utensils, linens, single service, or single-use articles.

812.6 Single-use disposable sanitizer wipes shall be used in accordance with EPA approved manufacturer’s label use instructions.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 813 PREVENTING CONTAMINATION FROM GLOVES ─ USE LIMITATION

813.1 If used, single-use gloves shall be used for only one task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation. P

813.2 Except as specified in § 813.3, slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified in chapter 9 such as frozen food or a primal cut of meat.

813.3 Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface; or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.

813.4 Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as required in chapter 9 such as frozen food or a primal cut of meat.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 814 PREVENTING CONTAMINATION FROM TABLEWARE ─ USING CLEAN TABLEWARE FOR SECOND PORTIONS AND REFILLS

814.1 Except for refilling a consumer’s drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, food employees may not use tableware, including single-service articles, soiled by the consumer to provide second portions or refills.

814.2 Except as specified in § 814.3, self-service consumers shall not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment.

814.3 Self-service consumers may reuse drinking cups and containers if refilling is a contamination- free process as specified in §§ 1515.1, 1515.2, and 1515.4.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 815 PREVENTING CONTAMINATION ─ REFILLING RETURNABLES

815.1 A take-home food container returned to a food establishment shall not be refilled at a food establishment with a potentially hazardous food (time/ temperature control for safety food).

815.2 Except as specified in § 815.3, a take-home food container refilled with food that is not potentially hazardous (time/temperature control for safety food) may be refilled as specified in § 1910.2.

815.3 Personal take-out beverage containers, such as thermally insulated bottles, nonspill coffee cups and promotional beverage glasses, may be refilled by employees or the consumer if refilling is a contamination-free process as specified in §§ 1515.1, 1515.2, and 1515.4.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 816 PREVENTING CONTAMINATION FROM THE PREMISES ─ FOOD STORAGE

816.1 Except as specified in §§ 816.2 and 816.3, food shall be protected from contamination by storing the food:

(a) In a clean, dry location;

(b) Where it is not exposed to splash, dust, or other contamination; and

816.2 Food in packages and working containers may be stored less than fifteen centimeters (15 cm) or six inches (6 in.) above the floor on case lot handling equipment as specified in § 1534.

816.3 Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 817 PREVENTING CONTAMINATION FROM THE PREMISES ─ FOOD STORAGE, PROHIBITED AREAS

817.1 Food may not be stored:

(a) In locker rooms;

(b) In toilet rooms;

(d) In garbage rooms;

(e) In mechanical rooms;

(f) Under sewer lines that are not shielded to intercept potential drips;

(g) Under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;

(h) Under open stairwells; or

(i) Under other sources of contamination.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 818 PREVENTING CONTAMINATION FROM THE PREMISES ─ VENDED POTENTIALLY HAZARDOUS FOOD (TIME/ TEMPERATURE CONTROL FOR SAFETY FOOD), ORIGINAL CONTAINER

818.1 Potentially hazardous food (time/temperature control for safety 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 819 PREVENTING CONTAMINATION FROM THE PREMISES ─ FOOD PREPARATION

819.1 During preparation, unpackaged food shall be protected from environmental sources of contamination.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 820 PREVENTING CONTAMINATION BY CONSUMERS ─ FOOD DISPLAY

820.1 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. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 821 PREVENTING CONTAMINATION BY CONSUMERS ─ CONDIMENTS, PROTECTION

821.1 Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or other individual packages or portions.

821.2 Condiments at a vending machine location shall be in individual packages or provided in dispensers that are filled at an approved location, such as the food establishment that provides food to the vending machine location, a food processing plant that is regulated by the agency that has jurisdiction over the operation, or a properly equipped facility that is located on the site of the vending machine location.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 822 PREVENTING CONTAMINATION BY CONSUMERS ─ CONSUMER SELF-SERVICE OPERATIONS

822.1 Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish shall not be offered for consumer self-service. This subsection does not apply to consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish, ready-to-cook individual portions for immediate cooking and consumption on the premises such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue, or raw, frozen, shell-on shrimp or lobster.

822.2 Consumer self-service operations for ready-to-eat foods shall be provided with suitable utensils or effective dispensing methods that protect the food from contamination. Pf

822.3 Consumer self-service operations such as buffets and salad bars shall be monitored by food employees trained in safe operating procedures. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 823 PREVENTING CONTAMINATION BY CONSUMERS ─ RETURNED FOOD, RESERVICE OF FOOD

823.1 Except as specified in § 823.2, after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption. P

823.2 Except as specified in § 1300.9, a container of food that is not potentially hazardous (time/temperature control for safety food) may be re-served from one consumer to another if:

(a) The food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or

(b) The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 824 PREVENTING MISCELLANEOUS SOURCES OF CONTAMINATION

824.1 Food shall be protected from contamination that may result from a factor or source not specified in §§ 800 through 823.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A9 DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH CONCERN

25-A DCMR § 900 COOKING ─ RAW ANIMAL FOODS

900.1 Except as specified in §§ 900.2, 900.3, and 900.4, 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:

(a) Sixty-three degrees Celsius (63o C) (one hundred forty-five degrees Fahrenheit (145o F)) or above for fifteen (15) seconds for: P

(1) Raw shell eggs that are broken and prepared in response to a consumer’s order and for immediate service; P and

(2) Fish and meat, including game animals commercially raised for food as specified in § 706.1(a) and game animals under a voluntary inspection program as specified in § 706.1(b); except as specified in §§ 900.1(b), and 900.1(c), and § 900.2; P

(b) Sixty-eight degrees Celsius (68o C) (one hundred fifty-five degrees Fahrenheit (155oF )) for fifteen (15) seconds or the temperature specified in the following chart that corresponds to the holding time for ratites, mechanically tenderized, and injected meats; the following if they are comminuted: fish, meat, game animals commercially raised for food as specified in § 706.1(a), and game animals under a voluntary inspection program as specified in § 706.1(b); and raw eggs that are not prepared as specified in § 900.1(a)(1): P

Minimum

Temperature Time

oC (oF)

63 (145)

3 minutes

66 (150)

1 minute

70 (158)

< 1 second (instantaneous)

; or

(c) Seventy-four degrees Celsius (74o C) (one hundred sixty-five degrees Fahrenheit (165o F)) or above for fifteen (15) seconds for:

(1) Poultry, baluts, and wild game animals as specified in §§ 706.3 and 706.4; and

(2) Stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish, meat, poultry or ratites. P

900.2 Whole meat roasts, including beef, corned beef, lamb, pork, and cured pork roasts such as ham, shall be cooked:

(a) In an oven that is preheated to the temperature specified for the roast's weight in Chart A, and that is held at that temperature: Pf

CHART A ─ Oven Temperatures

Oven Type

Oven Temperature Based on Roast Weight

Less than 4.5 kg (10 lbs)

4.5 kg (10 lbs) or More

Still Dry

177oC (350oF) or more

121oC (250oF) or more

Convection

163oC (325oF) or more

121oC (250oF) or more

High Humidity1

121oC (250oF) or less

1 Relative humidity greater than ninety percent (90%) for at least one (1) hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides one hundred percent (100%) humidity.

; and

(b) To heat all parts of the food to a temperature and for the holding time that corresponds to that temperature as specified in Chart B. P

CHART B ─ Internal Meat Temperatures

Temperature

oC (oF)

Time1

in Minutes

Temperature

oC (oF)

Time1

in Seconds

54.4 (130)

112

63.9 (147)

134

55.0 (131)

65.0 (149)

56.1 (133)

66.1 (151)

57.2 (135)

67.2 (153)

57.8 (136)

68.3 (155)

58.9 (138)

69.4 (157)

60.0 (140)

70.0 (158)

61.1 (142)

62.2 (144)

62.8 (145)

1Holding time may include postoven heat rise.

900.3 A raw animal food such as raw eggs, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartare; or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified in § 900.4, may be served or offered for sale upon consumer request or selection in a ready-to-eat form under the following conditions:

(a) If the food establishment serves a population that is not a highly susceptible population, and the consumer is informed as specified in § 1105 that to ensure the safety of the food, it should be cooked as specified in §§ 900.1 or 900.2; and

(b) The food, if served or offered for service by consumer selection from a children’s menu, does not contain comminuted meat; or Pf

(c) If the food establishment serves a population that is not a highly susceptible population and the Department grants a variance from §§ 900.1 and 900.2 as specified in § 4102 based on a HACCP Plan that:

(1) Is submitted by the licensee and approved as specified in §§ 4103 and 4104;

(2) Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe food; and

(3) Verifies that equipment and procedures for food preparation and training of food employees at the food establishment meet the conditions of the variance.

900.4 A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if:

(a) The food establishment serves a population that is not a highly susceptible population;

(b) The steak is labeled to indicate that it meets the definition of "whole muscle, intact beef" as specified in § 700.5; and

(c) The steak is cooked on both the top and bottom to a surface temperature of sixty-three degrees Celsius (63o C) (one hundred forty-five degrees Fahrenheit (145o F)) or above and a cooked color change is achieved on all external surfaces.

900.5 Raw animal foods that are cooked using a non-continuous cooking process shall be:

(a) Subject to an initial heating process that is no longer than sixty (60) minutes in duration; P

(b) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time/temperature control for safety food) as specified in § 1003.1; P

(c) After cooling, held frozen or cold, as specified for potentially hazardous food (time/temperature control for safety food) in § 1005.1(b); P

(d) Prior to sale or service, cooked using a process that heats all parts of the food to a temperature of at least seventy-four degrees Celsius (74o C) (one hundred sixty-five degrees Fahrenheit (165o F)) for fifteen (15) seconds; P

(e) Cooled according to the time and temperature parameters specified for cooked potentially hazardous food (time/temperature control for safety food) as specified in § 1003.1 if not either hot held as specified in § 1005.1, served immediately, or held using time as a public health control as specified in § 1009 after complete cooking; P and

(f) Prepared and stored according to written procedures that:

(1) Have obtained prior approval from the Department; Pf

(2) Are maintained in the food establishment and are available to the Department upon request; Pf

(3) Describe how the requirements specified in § 900.5.1(a) through (e) are to be monitored and documented by the permit holder and the corrective actions to be taken if the requirements are not met; Pf

(4) Describe how the foods, after initial heating, but prior to complete cooking, are to be marked or otherwise identified as foods that must be cooked as specified in § 900.5(d) prior to being offered for sale or service; Pf and

(5) Describe how the foods, after initial heating but prior to cooking as specified in § 900.5(d), are to be separated from ready-to-eat foods as specified in § 802.1(a)(2). Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 901 COOKING ─ MICROWAVE COOKING

901.1 Raw animal foods cooked in a microwave oven shall be:

(a) Rotated during cooking, stirred throughout cooking, or stirred midway during cooking to compensate for uneven distribution of heat;

(b) Covered to retain surface moisture;

(c) Heated to a temperature of at least seventy-four degrees Celsius (74o C) (one hundred sixty-five degrees Fahrenheit (165o F)) in all parts of the food; and

(d) Allowed to stand covered for two (2) minutes after cooking to obtain temperature equilibrium.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 902 COOKING ─ PLANT FOOD COOKING FOR HOT HOLDING

902.1 Fruits and vegetables fifty-seven degrees Celsius (57o C) (one hundred thirty-five degrees Fahrenheit (135o F)) that are cooked for hot holding shall be cooked to a temperature of. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 903 FREEZING ─ PARASITE DESTRUCTION

903.1 Except as specified in § 903.2, 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:

(a) Frozen and stored at a temperature of minus twenty degrees Celsius (-20o C) (minus 4 degrees Fahrenheit (- 4o F)) or below for a minimum of one hundred sixty-eight (168) hours or seven (7) days in a freezer; P

(b) Frozen at minus thirty-five degrees Celsius (-35o C) (minus thirty-one degrees Fahrenheit (-31o F)) or below until solid and stored at minus thirty-five degrees Celsius (-35o C) or below for a minimum of fifteen (15) hours; P or

(c) Frozen at minus thirty-five degrees Celsius (-35o C) (minus thirty-one degrees Fahrenheit (-31o F)) or below until solid and stored at minus twenty degrees Celsius (-20o C) (minus 4 degrees Fahrenheit (- 4o F) or below for a minimum of twenty-four (24) hours. P

903.2 Subsection 903.1 does not apply to:

(a) Molluscan shellfish;

(b) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern); or

(1) If raised in open water, are raised in net-pens, or

(2) Are raised in land-based operations such as ponds or tanks, and

(3) Are fed formulated feed, such as pellets, that contain no live parasites infective to the aquacultured fish.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 904 FREEZING ─ RECORDS, CREATION, AND RETENTION

904.1 Except as specified in §§ 903.2 and 904.2, if raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish are subjected and shall retain these records in the food establishment for ninety (90) calendar days beyond the time of service or sale of the fish. Pf

904.2 If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified in § 903 may substitute for the records specified in § 904.1.

904.3 If raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, and the fish are raised and fed as specified in § 903.2(c), a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified in § 903.2(c) shall be obtained by the person in charge and retained in the records of the food establishment for ninety (90) calendar days beyond the time of service or sale of the fish. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 905 PREPARATION FOR IMMEDIATE SERVICE

905.1 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 906 REHEATING ─ FOR HOT HOLDING

906.1 Except as specified in §§ 906.2, 906.3, and 906.5, potentially hazardous food (time/ temperature control for safety food) that is cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the food reach a temperature of at least seventy-four degrees Celsius (74o C) (one hundred sixty-five degrees Fahrenheit (165o F)) for fifteen (15) seconds. P

906.2 Except as specified under § 906.3, potentially hazardous food (time/temperature control for safety food) reheated in a microwave oven for hot holding shall be reheated so that all parts of the food reach a temperature of at least seventy-four degrees Celsius (74o C) (one hundred sixty-five degrees Fahrenheit (165o F)) and the food is rotated or stirred, covered, and allowed to stand covered for two (2) minutes after reheating. P

906.3 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 fifty-seven degrees Celsius (57o C) (one hundred thirty-five degrees Fahrenheit (135o F)) for hot holding. P

906.4 Reheating for hot holding as specified in §§ 906.1, 906.2, and 906.3 shall be done rapidly and the time the food is between five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) and the temperatures specified in §§ 906.1, 906.2 and 906.3 shall not exceed two (2) hours. P

906.5 Remaining unsliced portions of roasts of beef that are cooked as specified in § 900.2 may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified in § 900.2.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 907 OTHER REHEATING METHODS ─ TREATING JUICE

907.1 Juice packaged in a food establishment shall be:

(a) Treated under a HACCP Plan as specified in §§ 4205.1(b) through (e) to attain a five (5)-log reduction, which is equal to a ninety-nine and nine hundredths and ninety-nine tenth of a percent (99.999%) reduction, of the most resistant microorganism of public health significance; P or

(b) Labeled, if not treated to yield a five (5)-log reduction of the most resistant microorganism of public health significance: Pf

(1) As specified in § 1102; Pf and

(2) As specified in 21 C.F.R. § 101.17(g) Food Labeling, Warning, Notice, and Safe Handling Statements, juices that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens with the following, “Warning: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems.” Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A10 LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC HEALTH CONCERN

25-A DCMR § 1000 TEMPERATURE AND TIME CONTROL ─ FROZEN FOOD

1000.1 Stored frozen foods shall be maintained frozen.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1001 TEMPERATURE AND TIME CONTROL ─ POTENTIALLY HAZARDOUS FOODS (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD), SLACKING

1001.1 Frozen potentially hazardous food (time/temperature control for safety food) that is slacked to moderate the temperature shall be held:

(a) Under refrigeration that maintains the food temperature at five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or less; or

(b) At any temperature if the food remains frozen.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1002 TEMPERATURE AND TIME CONTROL ─ THAWING

1002.1 Except as specified in § 1002.5, potentially hazardous food (time/temperature control for safety food) shall be thawed under refrigeration that maintains the food temperature at five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or less; or:

(a) Completely submerged under running water:

(1) At a water temperature of twenty-one degrees Celsius (21o C) (seventy degrees Fahrenheit (70o F)) or below;

(2) With sufficient water velocity to agitate and float off loose particles in an overflow;

(3) For a period of time that does not allow thawed portions of ready- to-eat food to rise above five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)); or

(4) For a period of time that does not allow thawed portions of a raw animal food requiring cooking as specified in §§ 900.1 and 900.2 to be above five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)), or seven degrees Celsius (7o C) (forty-five degrees Fahrenheit (45o F)) as specified in §§ 900.1 and 900.2, for more than four (4) hours including the time the food is exposed to the running water and the time needed for preparation for cooking, or the time it takes under refrigeration to lower the food temperature to five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F));

(b) As a part of a cooking process if the food that is frozen is:

(1) Cooked as specified in §§ 900.1, 900.2 or § 901; or

(2) Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or

(c) Using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for immediate service in response to an individual consumer’s order.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1003 TEMPERATURE AND TIME CONTROL ─ COOLING

1003.1 Cooked potentially hazardous food (time/temperature control for safety food) shall be cooled:

(a) Within two (2) hours, from fifty-seven degrees Celsius (57o C) (one hundred thirty-five degrees Fahrenheit (135o F)) to twenty-one degrees Celsius (21o C) (seventy degrees Fahrenheit (70o F)); P and

(b) Within six (6) hours, from fifty-seven degrees Celsius (57o C) (one hundred thirty-five degrees Fahrenheit (135o F) to five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or less. P

1003.2 Potentially hazardous food (time/temperature control for safety food) shall be cooled within four (4) hours to five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or less if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna. P

1003.3 Except as specified in § 1003.4, a potentially hazardous food (time/ temperature control for safety food) received in compliance with laws allowing a temperature above five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) during shipment from the supplier as specified in § 707.2, shall be cooled within four (4) hours to five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or less.P

1003.4 Raw eggs shall be received as specified in § 707.3 and immediately placed in refrigerated equipment that maintains an ambient air temperature of seven degrees Celsius (7o C) (forty-five degrees Fahrenheit (45o F)) or less. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1004 TEMPERATURE AND TIME CONTROL ─ COOLING METHODS

1004.1 Cooling shall be accomplished in accordance with the time and temperature criteria specified in § 1003 by using one (1) or more of the following methods based on the type of food being cooled:

(a) Placing the food in shallow pans; Pf

(b) Separating the food into smaller or thinner portions; Pf

(d) Stirring the food in a container placed in an ice water bath; Pf

(e) Using containers that facilitate heat transfer; Pf

(f) Adding ice as an ingredient; Pf or

(g) Other effective methods. Pf

1004.2 When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be:

(a) Arranged in the equipment to provide maximum heat transfer through the container walls; and

(b) Loosely covered or uncovered if protected from overhead contamination as specified in § 816.1(b), during the cooling period to facilitate heat transfer from the surface of the food.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1005 TEMPERATURE AND TIME CONTROL ─ POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD) HOT AND COLD HOLDING

1005.1 Except during preparation, cooking, or cooling, or when time is used as the public health control as specified in § 1009, potentially hazardous food (time/ temperature control for safety food) shall be maintained:

(a) At fifty-seven degrees Celsius (57o C) (one hundred thirty-five degrees Fahrenheit (135o F)) or above, except that roasts cooked to a temperature and for a time specified in § 900.2 or reheated as specified in § 906.5 may be held at a temperature of fifty-four degrees Celsius (54o C) (one hundred thirty degrees Fahrenheit (130o F)) or above; P or

(b) At five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or less. P

1005.2 Eggs that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated equipment that maintains an ambient air temperature of seven degrees Celsius (7o C) (forty-five degrees Fahrenheit (45o F)) or less. P

1005.3 Potentially hazardous food (time/temperature control for safety food) in a homogenous liquid form may be maintained outside of the temperature control requirements, as specified in § 1005.1, while contained within specifically designed equipment that complies with the design and construction requirements as specified in § 1515.5

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1006 TEMPERATURE AND TIME CONTROL ─ POTENTIALLY HAZARDOUS FOOD (TIME/TEMPERATURE CONTROL FOR SAFETY FOOD), DISPLAY

1006.1 Potentially hazardous food (time/temperature control for safety food) that is displayed on drained ice, or held in a display container, and is exposed to exterior temperatures either inside the food establishment or outdoors shall comply with § 1005. P

1006.2 If equipment in place does not maintain proper temperatures for potentially hazardous food (time/temperature control for safety food) identified in § 1005.1, the Department may order the repair, replacement or purchase of National Sanitation Foundation (NSF) approved or NSF equivalent equipment. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1007 TEMPERATURE AND TIME CONTROL ─ READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD (TIME/ TEMPERATURE CONTROL FOR SAFETY FOOD), DATE MARKING

1007.1 Except when packaging food using a reduced oxygen packaging method as specified in § 1011, and except as specified in §§ 1007.4 and 1007.5, refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) prepared and held in a food establishment for more than twenty-four (24) hours shall be clearly marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded when held at a temperature of five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or less for a maximum of seven (7) days. Pf

1007.2 Except as specified in §§ 1007.4 through 1007.6, a container of refrigerated, ready-to-eat potentially hazardous food (time/temperature control for safety food) prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a food establishment and if the food is held for more than twenty-four (24) hours, to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded based on the temperature and time combinations specified in § 1007.1 and: Pf

(a) The day the original container is opened in the food establishment shall be counted as Day 1; Pf and

(b) The day or date marked by the food establishment may not exceed a manufacturer’s use-by-date if the manufacturer determined the use- by date based on food safety. Pf

1007.3 A refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) ingredient or a portion of a refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliest-prepared or first-prepared ingredient. Pf

1007.4 A date marking system that meets the criteria stated in §§ 1007.1 and 1007.2 may include:

(a) Using a for refrigerated, ready-to-eat potentially hazardous food (time/temperature control for safety food) that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft service mix or milk in a dispensing machine;

(b) Marking the date or day of preparation, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified in § 1007.1;

(c) Marking the date or day the original container is opened in a food establishment, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified in § 1007.2; or

(d) Using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided that the marking system is disclosed to the Department upon request.

1007.5 Subsections 1007.1 and 1007.2, do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer’s request.

1007.6 Subsection 1007.2 does not apply to the following foods prepared and packaged by a food processing plant inspected by a regulatory authority:

(a) Deli salads, such as ham, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 C.F.R. § 110 Current good manufactured practice in manufacturing, packing, or holding human food;

(b) Hard cheeses containing not more than thirty-nine percent (39%) moisture as defined in 21 C.F.R. § 133 - Cheeses and related cheese products, such as cheddar, gruyere, parmesan and reggiano, and romano;

(c) Semi-soft cheeses containing more than thirty-nine percent (39%) moisture, but not more than fifty percent (50%) moisture, as defined in 21 C.F.R. § 133 - Cheeses and related cheese products, such as blue, edam, gorgonzola, gouda, and monterey jack;

(d) Cultured dairy products as defined in 21 C.F.R. § 131 - Milk and cream, such as yogurt, sour cream, and buttermilk;

(e) Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 C.F.R. § 114 – Acidified foods;

(f) Shelf stable, dry fermented sausages, such as pepperoni and Genoa salami that are not labeled “Keep Refrigerated” as specified in 9 C.F.R. § 317 - Labeling, marking devices, and containers, and which retain the original casing on the product; and

(g) Self stable salt-cured products such as prosciutto and Parma (ham) that are not labeled “Keep Refrigerated” as specified in 9 C.F.R. § 317 - Labeling, marking devices, and containers.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1008 TEMPERATURE AND TIME CONTROL ─ READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD (TIME/ TEMPERATURE CONTROL FOR SAFETY FOOD), DISPOSITION

1008.1 A food specified in §§ 1007.1 or 1007.2 shall be discarded if it:

(a) Exceeds either of the temperature and time combinations specified in § 1007.1, excluding time that the product is frozen; P

(b) Is in a container or package that does not bear a date or day; P or

(c) Is appropriately marked with a date or day that exceeds a temperature and time combination as specified in § 1007.1. P

1008.2 Refrigerated, ready-to-eat, potentially hazardous food (time/temperature control for safety food) prepared in a food establishment and dispensed through a vending machine with an automatic shutoff control shall be discarded if it exceeds a temperature and time combination as specified in § 1007.1. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1009 TIME AS A PUBLIC HEALTH CONTROL

1009.1 Except as specified in § 1009.4, if time without temperature control is used as the public health control for a working supply of potentially hazardous food (time/temperature control for safety food) before cooking, or for ready-to-eat potentially hazardous food (time/temperature control for safety food) that is displayed or held for sale or service:

(a) Written procedures shall be prepared in advance, maintained in the food establishment and made available to the Department upon request and shall specify: Pf

(1) Methods of compliance with §§ 1009.2(a) through 1009.2(c) or § 1009.3; Pf and

(2) Methods of compliance with § 1003 for food that is prepared, cooked, and refrigerated before time is used as a public health control. Pf

1009.2 If time temperature control is used as the public health control up to a maximum of four (4) hours:

(a) The food shall have an initial temperature of five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or less when removed from cold holding temperature control, or fifty-seven degrees Celsius (57o C) (one hundred thirty-five degrees Fahrenheit (135o F)) or greater when removed from hot holding temperature control; P

(b) The food shall be marked or otherwise identified to indicate the time that is four (4) hours past the point in time when the food is removed from temperature control; Pf

(c) The food shall be cooked and served, served at any temperature if ready- to-eat, or discarded, within four (4) hours from the point in time when the food is removed from temperature control; P and

(d) The food in unmarked containers or packages, or marked to exceed a four (4)-hour limit shall be discarded. P

1009.3 If time temperature control is used as the public health control up to a maximum of six (6) hours:

(a) The food shall have an initial temperature of five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or less when removed from temperature control and the food temperature shall not exceed and twenty- one degrees Celsius (21o C) (seventy degrees Fahrenheit (70o F)) within a maximum time period of six (6) hours; P

(b) The food shall be monitored to ensure the warmest portion of the food does not exceed twenty-one degrees Celsius (21o C) (seventy degrees Fahrenheit (70o F)) during the six hour (6 hr.) period, unless an ambient air temperature is maintained that ensures the food does not exceed twenty- one degrees Celsius (21o C) (seventy degrees Fahrenheit (70o F)) during the six (6) hour holding period; Pf

(1) The time when the food is removed from five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or less cold holding temperature control; Pf and

(2) The time that is six (6) hours past the point in time when the food is removed from cold holding temperature control; Pf

(d) The food shall be:

(1) Discarded if the temperature of the food exceeds twenty-one degrees Celsius (21o C) (seventy degrees Fahrenheit (70o F)); P or

(2) Cooked and served, served at any temperature if ready-to-eat, or discarded within a maximum of six (6) hours from the point in time when the food is removed from five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or less cold holding temperature control; P and

(e) The food in unmarked containers or packages, or marked with a time that exceeds the six (6) hour limit shall be discarded. P

1009.4 A food establishment that serves a highly susceptible population shall not use time as specified in §§ 1009.1, 1009.2, or 1009.3 as the public health control for raw eggs.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1010 VARIANCE REQUIREMENT

1010.1 A food establishment shall obtain a variance from the Department as specified in §§ 4102, 4103, and 4104 before:

Smoking food as a method of food preservation rather than as a method of flavor enhancement; Pf

Curing food; Pf

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 (time/temperature control for safety food); Pf

(d) Packaging food using a reduced oxygen method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified in § 1011; Pf

(e) Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption; Pf

(f) Custom processing animals that are for personal use as food and not for sale or service in a food establishment;

(g) Preparing food by another method that the Department determines requires a variance; Pf or

(h) Sprouting seeds or beans. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1011 SPECIALIZED PROCESSING METHODS ─ REDUCED OXYGEN PACKAGING, CRITERIA

1011.1 Except for a food establishment that obtains a variance as specified in § 1010, a food establishment that packages potentially hazardous food (time/ temperature control for safety food) using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes. P

1011.2 A food establishment that packages potentially hazardous food (time/ temperature control for safety food) using a reduced oxygen packaging method shall have a HACCP Plan that contains the information specified in § 4205.1(d) and that: Pf

(a) Identifies the food to be packaged; Pf

(b) Except as specified in § 1011.3 through 1011.5 requires that the packaged food shall be maintained at five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or less and meet at least one (1) of the following criteria: Pf

(1) Has an aw of ninety-one tenths (0.91) or less; Pf

(2) Has a pH of four and six tenths (4.6) or less; Pf

(3) Is a meat or poultry product cured at a food processing plant regulated by the USDA using substances specified in 9 C.F.R. subpart C § 424.21(b) − Food ingredients and sources of radiation, and is received in an intact package; Pf or

(4) Is a food with a high level of competing organisms such as raw meat, raw poultry, or raw vegetables; Pf

(c) Describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to: Pf

(1) Maintain the food at five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) or below; Pf and

(2) Discard the food if within fourteen (14) calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption; Pf

(d) Limits the refrigerated shelf life to no more than fourteen (14) calendar days from packaging to consumption, except the time the product is maintained frozen, or the original manufacturer's "sell by" or "use by" date, whichever occurs first; P

(e) Includes operational procedures that:

(1) Prohibit contacting ready-to-eat food with bare hands as specified in § 800.2; Pf

(2) Identify a designated work area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination, and access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation; Pf and

(3) Delineate cleaning and sanitization procedures for food-contact surfaces; Pf and

(f) Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the: Pf

(1) Concepts required for a safe operation; Pf

(2) Equipment and facilities; Pf and

(3) Procedures specified in § 1011.2(e) and § 4205.1(d). Pf

1011.3 Except for fish that is frozen before, during, and after packaging, a food establishment may not package fish using a reduced oxygen packaging method. P

1011.4 Except as specified in § 1011.3, a food establishment that packages food using a cook-chill or sous vide process shall:

(a) Implement a HACCP plan that contains the information as specified in § 4205.1(d); Pf

(b) Ensure the food is:

(1) Prepared and consumed on the premises, or prepared and consumed off the premises but within the same business entity with no distribution or sale of the packaged product to another business entity or the consumer; Pf

(2) Cooked to heat all parts of the food to a temperature and for a time as specified in § 900; P

(3) Protected from contamination before and after cooking as specified in Chapter 8; P

(4) Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature below fifty-seven degrees Celsius (57o C) (one hundred and thirty-five degrees Fahrenheit (135o F)); P

(5) Cooled to five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) in the sealed package or bag as specified in § 1003 and subsequently: P

(A) Cooled to one degrees Celsius (1o C) (thirty-four degrees Fahrenheit (34o F)) within forty-eight (48) hours of reaching five degrees Celsius (5oC) (forty-one degrees Fahrenheit (41o F)) and held at that temperature until consumed or discarded within thirty (30) days after the date of packaging; P

(B) Cooled to one degrees Celsius (1o C) (thirty-four degrees Fahrenheit (34o F)) within forty-eight (48) hours of reaching five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)), removed from refrigeration equipment that maintains a one degree Celsius (1o C) (thirty-four degrees Fahrenheit (34o F)) food temperature and then held at 5o C (41o F) or less for no more than seventy-two (72) hours, at which time the food must be consumed or discarded; P

(C) Cooled three degrees Celsius (3o C) (thirty-eight degrees Fahrenheit (38o F)) or less within twenty-four (24) hours of reaching five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) and held there for no more than seventy-two (72) hours from packaging, at which time the food must be consumed or discarded; P or

(D) Held frozen with no shelf life restriction while frozen until consumed or used; P

(6) Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily; Pf

(7) If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation, Pf and

(8) Labeled with the product name and the date packaged; Pf and

(c) Maintain records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as part of the HACCP Plan, and:

(1) Make such records available to the Department upon request; Pf and

(2) Hold such records for at least six (6) months; Pf and

(d) Implement written operational procedures as specified in § 1011.2(e) and a training program as specified in § 1011.2(f). Pf

1011.5 A food establishment that packages cheese using a reduced oxygen packaging method shall:

(a) Limit the cheeses packaged to those that are commercially manufactured in a food processing plant with no ingredients added in the food establishment and that meet the Standards of Identity as specified in 21 C.F.R. § 133.150 Hard cheeses, 21 C.F.R. § 133.169 Pasteurized process cheese or 21 C.F.R. § 133.187 Semisoft cheeses; P

(b) Have a HACCP Plan that contains the information specified in § 4205.1(d) and as specified in §§ 1011.2(a), (c)(1), (e), and (f); Pf

(c) Labels the package on the principal display panel with a “use by” date that does not exceed thirty (30) days from its packaging or the original manufacturer’s “sell by” or “use by” date, whichever occurs first; Pf and

(d) Discards the reduced oxygen packaged cheese if it is not sold for off- premises consumption or consumed within thirty (30) calendar days of its packaging. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A11 FOOD IDENTITY, PRESENTATION, AND ON-PREMISES LABELING

25-A DCMR § 1100 ACCURATE REPRESENTATION ─ STANDARDS OF IDENTITY

1100.1 Packaged food shall comply with standard of identity requirements in 21 C.F.R. §§ 131 through 169 and 9 C.F.R. § 319 − Definitions and Standards of Identity or Composition, and the general requirements in 21 C.F.R. § 130 − Food Standards: General.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1101 ACCURATE REPRESENTATION ─ HONESTLY PRESENTED

1101.1 Food shall be offered for human consumption in a way that does not mislead or misinform the consumer.

1101.2 Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1102 FOOD LABELING REQUIREMENTS

1102.1 Food packaged in a food establishment, shall be labeled as specified in law, including 21 C.F.R. § 101 − Food labeling, and 9 C.F.R. § 317 − Labeling, marking devices, and containers.

1102.2 Label information shall include:

(a) The common name of the food, or absent a common name, an adequately descriptive identity statement;

(b) If made from two (2) or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food;

(d) The name and place of business of the manufacturer, packer, or distributor;

(e) The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient;

(f) Except as exempted in the Federal Food Act (21 U.S.C. § 343(q)(3) – (5)), nutrition labeling as specified in 21 C.F.R. § 101 − Food Labeling and 9 C.F.R. § 317 subpart B − Nutrition Labeling; and

(g) For any salmonid fish containing canthaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin.

1102.3 Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:

(a) The manufacturer's or processor's label that was provided with the food; or

(b) A card, sign, or other method of notification that includes the information specified in §§ 1102.2(a), (b), and (e).

1102.4 Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:

(a) A health, nutrient content, or other claim is not made; and

(b) The food is manufactured or prepared on the premises of the food establishment or at another food establishment or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.

1102.5 If required by law, consumer warnings shall be provided and food establishments or manufacturers’ dating information on foods may not be concealed or altered.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1103 FOOD LABELING REQUIREMENTS ─ COMMINUTED MEATS

1103.1 No person shall convey into the District, sell, offer for sale, or use any food that does not conform to this section.

1103.2 All products identified under this section as "Chopped Beef," "Breakfast Sausage," and "Ground Beef," "Hamburger," "Fabricated Steak," "Fresh Pork Sausage," or “Sausage” when they are labeled, advertised, or indicated to be "lean," "extra lean," or of lesser fat content than the maximum fat content for that product, as allowed by the USDA, shall, at the time offered for retail sale, display by percentage the fat content of each product, in accordance with this Code.

1103.3 Fat content shall be displayed on the package in which the product is sold, or shall be displayed on a sign placed conspicuously near the product.

1103.4 Display of fat content shall be in letters no smaller than one-eighth inch (1/8 in.) on packages and no smaller than one-half inch (1/2 in.) on signs.

1103.5 Comminuted meats if offered for sale as being a specific cut shall be labeled as such, shall be made solely from such cut, and shall not contain added fat.

1103.6 Meats that are labeled "Chopped Beef" or "Ground Beef" shall consist of comminuted meats which are fresh or frozen beef, or both, with or without seasoning, without the addition of beef fat and shall not contain added water, binders, extenders, color additives, preservatives, or more than thirty percent (30%) fat.

1103.7 Meats that are labeled “Hamburger” shall consist of comminuted fresh or frozen beef, or both, with or without the addition of beef fat or seasoning, and shall not contain added water, binders, extenders, color additives, or preservatives.

1103.8 Fabricated beef steaks, fabricated veal steaks, fabricated beef and veal steaks, and similar products, shall be prepared by comminuting and forming the product from fresh or frozen meat, or both, with or without added fat, and shall not contain added water, binders, color additives, extenders, hydrolyzed plant protein, or preservatives.

1103.9 Meats that are labeled "Fresh Pork Sausage" shall consist of comminuted fresh pork or frozen pork, or both, not including pork by-products, with or without seasoning added. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed three percent (3%) of the total ingredients used. The product shall not contain color additives, preservatives, or more than fifty percent (50%) trimmable fat.

1103.10 Meats that are labeled "Breakfast Sausage" shall consist of comminuted fresh or frozen meat, or both, or meat and meat by-products, with or without seasoning added. To facilitate chopping or mixing, water or ice may be used in an amount not to exceed three percent (3%) of the total ingredients used. Extenders or binders may be used to the extent of three and a half percent (3.5%) of the finished sausage. The product shall not contain color additives, preservatives, or more than fifty percent (50%) fat.

1103.11 Meats that are labeled "Sausage", raw or cooked, shall consist of one (1) or more kinds of comminuted meat and meat by-products. The amounts of added water in raw sausage shall not exceed three percent (3%) of the total ingredients used. Raw sausage shall not contain color additives, preservatives, or more than fifty percent (50%) fat.

1103.12 In the case of cooked sausage, frankfurter, wiener, Vienna, bologna, garlic bologna, and knockwurst, the added water content shall not exceed ten percent (10%). The product may be seasoned and may contain binders and extenders (for example, cereal, vegetables, starch vegetable flour, soy flour, soy protein concentrate, non-fat dry milk, calcium reduced skim milk, or dried milk); provided, that the finished product contains not more than three and a half percent (3.5%) of these additives individually or collectively. The fat content shall not exceed thirty percent (30%).

1103.13 Packages in which raw and cooked sausages are sold shall be labeled as to the meat and meat by-products composition of the product in letters no smaller than one-eighth inch (1/8 in.). If such products are not sold in packages, signs bearing letters no smaller than one half inch (1/2 in.) shall be conspicuously posted nearby.

1103.14 Except where the manufacturer and the retail seller are under common ownership or control, it shall not be considered a violation of this section to sell at retail or offer for sale at retail, in the original package, any non-complying product which has been manufactured and packaged in a federally-inspected plant and shipped in interstate commerce into the District for sale at retail in the package in which shipped.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1104 DISPLAYING OTHER FORMS OF INFORMATION

1104.1 Consumer warnings shall be provided pursuant to this Code.

1104.2 Food establishment or manufacturers' dating information on foods may not be concealed or altered.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1105 CONSUMER ADVISORY ─ CONSUMING RAW OR UNDERCOOKED ANIMAL FOODS

1105.1 Except as specified in §§ 900.4, 900.3, and 1300.3, if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish that is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens either in ready-to-eat form or as an 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 of consuming such foods. This information shall 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. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A12 CONTAMINATED OR ADULTERATED FOOD

25-A DCMR § 1200 DISPOSITION ─ DISCARDING OR RECONDITIONING

1200.1 A food that is unsafe, adulterated, or not honestly presented as specified in § 600 shall be reconditioned according to procedures that the Department approved or discarded.

1200.2 Food that is not from an approved source as specified in §§ 700 through 706 shall be discarded.

1200.3 Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified in § 303 shall be discarded.

1200.4 Food that is contaminated by food employees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means shall be discarded.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A13 SPECIAL REQUIREMENTS FOR FOODS FOR HIGHLY SUSCEPTIBLE POPULATIONS

25-A DCMR § 1300 ADDITIONAL SAFEGUARDS ─ PASTEURIZED FOODS, PROHIBITED RESERVICE, AND PROHIBITED FOODS

1300.1 In a food establishment that serves a highly susceptible population the following criteria apply to juice:

(a) For the purpose of this section only, children who are age nine (9) or less and receive food in a school, day care setting, or similar facility that provides custodial care are included as highly susceptible populations;

(b) Prepackaged juice or a prepackaged beverage containing juice, that bears a warning label as specified in 21 C.F.R. § 101.17(g) − Food labeling, warning, notice, and safe handling statements, juices that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens, or a packaged juice or beverage containing juice, that bears a warning label as specified in § 907.1(b) shall not be served or offered for sale; and

(c) Unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form shall be processed under a HACCP Plan that contains the information specified in § 4205.1(b) through (e) and as specified in 21 C.F.R. part 120 – Hazard Analysis and Critical Control Point (HACCP) systems, subpart B Pathogen Reduction, § 120.24 - Process controls.

1300.2 In a food establishment that serves a highly susceptible population pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of:

(a) Foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages; and

(b) Recipes in which more than one (1) egg is broken and the eggs are combined, except as specified in § 1300.8;

1300.3 In a food establishment that serves a highly susceptible population the following foods shall not be served or offered for sale in a ready-to-eat form:

(a) Raw animal food such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartare;

(b) A partially cooked animal food such as lightly cooked fish, rare meat, soft- cooked eggs that are made from raw shell eggs, and meringue; and

1300.4 Food employees shall not contact ready-to-eat food as specified in §§ 800.2 and 800.4.

1300.5 Time only, as the public health control as specified in § 1009.4, shall not be used for raw eggs.

1300.6 Subsection 1300.2(b) does not apply if the raw eggs are combined immediately before cooking for one (1) consumer's serving at a single meal, cooked as specified in § 900.1(a), and served immediately, such as an omelet, soufflé, or scrambled eggs.

1300.7 Subsection 1300.2(b) does not apply if the raw eggs are combined as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread.

1300.8 Subsection 1300.2(b) does not apply if the preparation of the food is conducted under a HACCP Plan that:

(a) Identifies the food to be prepared;

(b) Prohibits contacting ready-to-eat food with bare hands;

(1) Salmonella Enteritidis growth is controlled before and after cooking; and

(2) Salmonella Enteritidis is destroyed by cooking the eggs according to the temperature and time specified in § 900.1(b);

(d) Contains the information specified in § 4205.1(d) including procedures that:

(1) Control cross contamination of ready-to-eat food with raw eggs; and

(2) Delineate cleaning and sanitization procedures for food contact surfaces; and

(e) Describes the training program that ensures the food employee responsible for the preparation of the food understands the procedures to be used.

1300.9 Food may be re-served as specified in § 823.2, except as specified in § 1300.10.

1300.10 Food shall not be re-served under the following conditions;

(a) Any food served to patients or clients who are under contact precautions in medical isolation or quarantine, or protective environment isolation shall not be re-served to others outside; and

(b) Packages of food from any patients, clients, or other consumers shall not be re-served to persons in protective environment isolation.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A14 MATERIALS USED FOR CONSTRUCTION AND REPAIR OF EQUIPMENT, UTENSILS AND LINENS

25-A DCMR § 1400 MULTIUSE ─ CHARACTERISTICS

1400.1 Materials that are used in the construction of utensils and food-contact surfaces of equipment shall not allow the migration of deleterious substances, or impart colors, odors, or tastes to food, and under normal use conditions shall be: P

(a) Safe; P

(b) Durable, corrosion-resistant, and nonabsorbent;

(d) Finished to have a smooth, easily cleanable surface; and

(e) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1401 MULTIUSE ─ CAST IRON, USE LIMITATION

1401.1 Cast iron shall not be used for utensils or food-contact surfaces of equipment, except as specified in §§ 1401.2 and 1401.3.

1401.2 Cast iron may be used as a surface for cooking.

1401.3 Cast iron may be used in utensils for serving food if the utensils are used only as part of an uninterrupted process from cooking through service.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1402 MULTIUSE ─ LEAD IN CERAMIC, CHINA, AND CRYSTAL UTENSILS, USE LIMITATION

1402.1 Ceramic, china and 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: P

Utensil Description Maximum Lead mg/L

25-A DCMR § 1403 MULTIUSE ─ COPPER, USE LIMITATION

1403.1 Copper and copper alloys such as brass shall not be used in contact with acidic food that has a pH below six (6) such as vinegar, fruit juice, or wine or for a fitting or tubing installed between a backflow prevention device and a carbonator, except as specified in § 1403.2. P

1403.2 Copper and copper alloys may be used in contact with beer brewing ingredients that have a pH below six (6) in the pre-fermentation and fermentation steps of a beer brewing operation such as a brewpub or microbrewery.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1404 MULTIUSE ─ GALVANIZED METAL, USE LIMITATION

1404.1 Galvanized metal shall not be used for utensils or food-contact surfaces of equipment that are used in contact with acidic food that has a pH below six (6) such as vinegar, fruit juice, or wine. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1405 MULTIUSE ─ SPONGES, USE LIMITATION

1405.1 Sponges shall not be used in contact with cleaned and sanitized or in-use food- contact surfaces.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1406 MULTIUSE ─ WOOD, USE LIMITATION

1406.1 Wood and wood wicker shall not be used as a food-contact surface, except as specified in §§ 1406.2 through 1406.4.

1406.2 Hard maple or an equivalently hard, close-grained wood may be used for:

(a) Cutting boards; cutting blocks; bakers' tables; and utensils such as rolling pins, doughnut dowels, salad bowls, and chopsticks; and

(b) Wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of one hundred and ten degrees Celsius (110o C) (two hundred and thirty degrees Fahrenheit (230o F)) or above.

1406.3 Whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used.

1406.4 If the nature of the food requires removal of rinds, peels, husks, or shells before consumption, the whole, uncut, raw food may be kept in:

(a) Untreated wood containers; or

(b) Treated wood containers if the containers are treated with a preservative that meets the requirements specified in 21 C.F.R. § 178.3800 − Preservatives for Wood.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1407 MULTIUSE ─ NONSTICK COATINGS, USE LIMITATION

1407.1 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1408 MULTIUSE ─ NONFOOD-CONTACT SURFACES EXPOSED TO FOOD SOILING

1408.1 Nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning shall be constructed of a corrosion resistant, nonabsorbent, and smooth material.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1409 SINGLE-SERVICE AND SINGLE-USE ─ CHARACTERISTICS

1409.1 Materials that are used to make single-service and single-use articles shall not:

(a) Allow the migration of deleterious substances; P or

(b) Impart colors, odors, or tastes to food.

1409.2 Materials that are used to make single-service and single-use articles shall be:

(a) Safe; P and

(b) Clean.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1410 REPEALED

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1411 REPEALED

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A15 DESIGN AND CONSTRUCTION OF EQUIPMENT, UTENSILS AND LINENS

25-A DCMR § 1500 DURABILITY AND STRENGTH ─ EQUIPMENT AND UTENSILS

1500.1 Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1501 DURABILITY AND STRENGTH ─ FOOD TEMPERATURE MEASURING DEVICES

1501.1 Food temperature measuring devices shall 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. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1502 CLEANABILITY ─ FOOD-CONTACT SURFACES

1502.1 Multiuse food-contact surfaces shall be:

(a) Smooth; Pf

(b) Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections; Pf

(d) Finished to have smooth welds and joints. Pf

1502.2 Multiuse food-contact surfaces shall be accessible for cleaning and inspection by one (1) of the following methods:

(a) Without being disassembled; Pf

(b) By disassembling without the use of tools; Pf or

(c) By easy disassembling with the use of handheld tools commonly available to maintenance and cleaning personnel such as screwdrivers, pliers, open- end wrenches, and Allen wrenches. Pf

1502.3 Subsection 1502.2 does not apply to cooking oil storage tanks, distribution lines for cooling oils, or beverage syrup lines or tubes.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1503 CLEANABILITY ─ CIP EQUIPMENT

1503.1 “Cleaned in Place” (CIP) equipment shall meet the characteristics specified in § 1502 and shall be designed and constructed so that:

(a) Cleaning and sanitizing solutions circulate throughout a fixed system and contact all interior food-contact surfaces; Pf and

(b) The system is self-draining or capable of being completely drained of cleaning and sanitizing solutions.

1503.2 CIP equipment that is not designed to be disassembled for cleaning shall be designed with inspection access points to ensure that all interior food-contact surfaces throughout the fixed system are being effectively cleaned.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1504 "V" THREADS, USE LIMITATION

1504.1 "V" type threads shall not be used on food-contact surfaces. This section does not apply to hot oil cooking or filtering equipment.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1505 CLEANABILITY ─ HOT OIL FILTERING EQUIPMENT

1505.1 Hot oil filtering equipment shall meet the characteristics specified in § 1502 or § 1503 and shall be readily accessible for filter replacement and cleaning of the filter.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1506 CLEANABILITY ─ CAN OPENERS

1506.1 Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1507 CLEANABILITY ─ NONFOOD-CONTACT SURFACES

1507.1 Nonfood-contact surfaces shall be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1508 CLEANABILITY ─ KICK PLATES, REMOVABLE

1508.1 Kick plates shall be designed so that the areas behind them are accessible for inspection and cleaning by being removable by one of the methods specified in § 1502.2 or capable of being rotated open, and removable or capable of being rotated open without unlocking equipment doors.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1509 CLEANABILITY, OPERATION & MAINTENANCE ─ VENTILATION HOOD SYSTEMS, FILTERS AND GREASE EXTRACTORS

1509.1 Filters or other grease extracting equipment shall be designed to be readily removable for cleaning and replacement if not designed to be cleaned in place.

1509.2 Commercial cooking systems shall be operated and maintained in good repair according to the D.C. Fire Code (2008) incorporating the International Fire Code (2006) or most recent edition as amended by the D.C. Fire Code Supplement, as amended (Subtitle H of 12 DCMR). P

1509.3 The ventilation system in connection with hoods shall be operated at the required rate of air movement, and classified grease filters shall be in place when equipment under a kitchen grease hood is used in accordance with the D.C. Fire Code (2008) incorporating the International Fire Code (2006) or most recent edition as amended by the D.C. Fire Code Supplement, as amended (Subtitle H of 12 DCMR).P

1509.4 Hoods, grease-removal devices, fans, ducts and other appurtenances shall be cleaned at intervals necessary to prevent the accumulation of grease.

1509.5 The licensee shall maintain on the premises a copy of the establishment’s professional service contract and service schedule, which documents the following information: P

(a) Name and address of its District-licensed ventilation hood system cleaning contractor; P

(b) Frequency and extent of ventilation hood system cleaning services provided under the contract; P and

1509.6 Grease extractors, where installed, shall be operated when commercial-type cooking equipment is used according to the D.C. Fire Code (2008) incorporating the International Fire Code (2006) or most recent edition as amended by the D.C. Fire Code Supplement, as amended (Subtitle H of 12 DCMR). P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1510 ACCURACY ─ TEMPERATURE MEASURING DEVICES, FOOD

1510.1 Food temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit shall be accurate to plus or minus one degree Celsius (±1o C) in the intended range of use. Pf

1510.2 Food temperature measuring devices that are scaled only in Fahrenheit shall be accurate to plus or minus two degrees Fahrenheit (±2o F) in the intended range of use. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1511 ACCURACY ─ TEMPERATURE MEASURING DEVICES, AMBIENT AIR AND WATER

1511.1 Ambient air and water temperature measuring devices that are scaled in Celsius or dually scaled in Celsius and Fahrenheit shall be designed to be easily readable and accurate to plus or minus one and a half degrees Celsius (±1.5o C) in the intended range of use. Pf

1511.2 Ambient air and water temperature measuring devices that are scaled only in Fahrenheit shall be accurate to plus or minus three degrees Fahrenheit (±3o F) in the intended range of use. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1512 ACCURACY ─ PRESSURE MEASURING DEVICES, MECHANICAL WAREWASHING EQUIPMENT

1512.1 Pressure measuring devices that display the pressures in the water supply line for the fresh hot water sanitizing rinse shall have increments of seven (7) kilopascals (one (1) pound per square inch) or smaller and shall be accurate to plus or minus fourteen kilopascals (± 14) plus or minus two pounds (± 2) per square inch) in the in the range indicated on the manufacturer’s data plate.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1513 FUNCTIONALITY ─ VENTILATION HOOD SYSTEMS, DRIP PREVENTION

1513.1 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1514 FUNCTIONALITY ─ EQUIPMENT OPENINGS, CLOSURES AND DEFLECTORS

1514.1 A cover or lid for equipment shall overlap the opening and be sloped to drain.

1514.2 An opening located within the top of a unit of equipment that is designed for use with a cover or lid shall be flanged upward at least five millimeters (5 mm) (two-tenths of an inch (2/10 in.)).

1514.3 Fixed piping, temperature measuring devices, rotary shafts, and other parts extending into equipment shall be provided with a watertight joint at the point where the item enters the equipment, except as specified in § 1514.4.

1514.4 If a watertight joint is not provided under § 1514.3:

(a) The piping, temperature measuring devices, rotary shafts, and other parts extending through the openings shall be equipped with an apron designed to deflect condensation, drips, and dust from openings into the food; and

(b) The opening shall be flanged as specified in § 1514.2.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1515 FUNCTIONALITY ─ DISPENSING EQUIPMENT, PROTECTION OF EQUIPMENT AND FOOD

1515.1 In equipment that dispenses or vends liquid food or ice in unpackaged form:

(a) The delivery tube, chute, orifice, and splash surfaces directly above the container receiving the food shall be designed in a manner, such as with barriers, baffles, or drip aprons, so that drips from condensation and splash are diverted from the opening of the container receiving the food;

(b) The delivery tube, chute, or orifice shall be protected from manual contact, such as by being recessed;

(c) The delivery tube or chute and orifice of the equipment used to vend liquid food or ice in unpackaged form to self-service consumers shall be designed so that the delivery tube or chute and orifice are protected from dust, insects, rodents, and other contamination by a self-closing door if the equipment is:

(1) Located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment; or

(2) Available for self-service during hours when it is not under the full-time supervision of a food employee; and

(d) The dispensing equipment actuating lever or mechanism and filling device of consumer self-service beverage dispensing equipment shall be designed to prevent contact with the lip-contact surface of glasses or cups that are refilled.

1515.2 Dispensing equipment in which potentially hazardous food (time/temperature control for safety food) in a homogenous liquid form is maintained outside of the temperature control requirements as specified in § 1005.1 shall:

(a) Be specifically designed and equipped to maintain the commercial sterility of aseptically packaged food in a homogenous liquid form for a specified duration from the time of opening the packaging within the equipment; P and

(b) Conform to the requirements for this equipment as specified in NSF/ ANSI 18-2006 – Manual Food and Beverage Dispensing Equipment. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1516 FUNCTIONALITY ─ VENDING MACHINE, VENDING STAGE CLOSURE

1516.1 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:

(a) Located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment; or

(b) Available for self-service during hours when it is not under the full-time supervision of a food employee.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1517 FUNCTIONALITY ─ BEARINGS AND GEAR BOXES, LEAKPROOF

1517.1 Equipment containing bearings and gears that require lubricants shall be designed and constructed so that the lubricant cannot leak, drip, or be forced into food or onto food-contact surfaces.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1518 FUNCTIONALITY ─ BEVERAGE TUBING, SEPARATION

1518.1 Except for cold plates that are constructed integrally with an ice storage bin, beverage tubing and cold-plate beverage cooling devices shall not be installed in contact with stored ice.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1519 FUNCTIONALITY ─ ICE UNITS, SEPARATION OF DRAINS

1519.1 Liquid waste drain lines shall not pass through an ice machine or ice storage bin.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1520 FUNCTIONALITY ─ CONDENSER UNIT, SEPARATION

1520.1 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1521 FUNCTIONALITY ─ CAN OPENERS ON VENDING MACHINES

1521.1 Cutting or piercing parts of can openers on vending machines shall be protected from manual contact, dust, insects, rodents, and other contamination.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1522 FUNCTIONALITY ─ MOLLUSCAN SHELLFISH TANKS

1522.1 Molluscan shellfish life support system display tanks shall not be used to store or display shellfish that are offered for human consumption and shall be conspicuously marked so that it is obvious to the consumer that the shellfish are for display only, except as specified in § 1522.2. P

1522.2 Molluscan shellfish life-support system display tanks that are used to store and display shellfish that are offered for human consumption shall be operated and maintained in accordance with a variance granted by the Department as specified in § 4102 and a HACCP Plan that: Pf

(a) Is submitted by the licensee and approved as specified in § 4103; and

(b) Ensures that:

(1) Water used with fish other than molluscan shellfish does not flow into the molluscan tank; Pf

(2) The safety and quality of the shellfish as they were received are not compromised by the use of the tank; Pf and

(3) The identity of the source of the shellstock is retained as specified in § 717. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1523 FUNCTIONALITY ─ VENDING MACHINES, AUTOMATIC SHUTOFF

1523.1 A machine vending potentially hazardous food (time/temperature control for safety food) shall have an automatic control that prevents the machine from vending food if there is a power failure, mechanical failure, or other condition that results in an internal machine temperature that cannot maintain food temperatures as specified in Chapters 6 through 13 P , and until the machine is serviced and restocked with food that has been maintained at temperatures specified in Chapters 6 through 13. P

1523.2 When the automatic shutoff within a machine vending potentially hazardous food (time/temperature control for safety food) is activated:

(a) In a refrigerated vending machine, the ambient air temperature may not exceed five degrees Celsius (5o C) (forty-one degrees Fahrenheit (41o F)) for more than thirty (30) minutes immediately after the machine is filled, serviced, or restocked; P or

(b) In a hot holding vending machine, the ambient air temperature may not be less than fifty-seven degrees Celsius (57o C) (one hundred thirty-five degrees Fahrenheit (135o F)) for more than one hundred twenty (120) minutes immediately after the machine is filled, serviced, or restocked. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1524 FUNCTIONALITY ─ TEMPERATURE MEASURING DEVICES

1524.1 In a mechanically refrigerated or hot food storage unit, the sensor of a temperature measuring device shall be located to measure the air temperature or a simulated product temperature in the warmest part of a mechanically refrigerated unit and in the coolest part of a hot food storage unit.

1524.2 Cold or hot holding equipment used for potentially hazardous food (time/temperature control for safety food) shall be designed to include and shall be equipped with at least one (1) integral or permanently affixed temperature measuring device that is located to allow easy viewing of the device's temperature display, except as specified in § 1524.3.

1524.3 Subsection 1524.2 does not apply to equipment for which the placement of a temperature measuring device is not a practical means for measuring the ambient air surrounding the food because of the design, type, and use of the equipment, such as calrod units, heat lamps, cold plates, bainmaries, steam tables, insulated food transport containers, and salad bars.

1524.4 Temperature measuring devices shall be designed to be easily readable.

1524.5 Food temperature measuring devices and water temperature measuring devices on warewashing machines shall have a numerical scale, printed record, or digital readout in increments no greater than one degree Celsius (1o C) (two degrees Fahrenheit (2o F)) in the intended range of use. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1525 FUNCTIONALITY ─ WAREWASHING MACHINE, DATA PLATE OPERATING SPECIFICATIONS

1525.1 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:

(a) Temperatures required for washing, rinsing, and sanitizing;

(b) Pressure required for the fresh water sanitizing rinse unless the machine is designed to use only a pumped sanitizing rinse; and

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1526 FUNCTIONALITY ─ WAREWASHING MACHINES, INTERNAL BAFFLES

1526.1 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1527 FUNCTIONALITY ─ WAREWASHING MACHINES, TEMPERATURE MEASURING DEVICES

1527.1 A warewashing machine shall be equipped with a temperature-measuring device that indicates the temperature of the water:

(a) In each wash and rinse tank; Pf and

(b) As the water enters the hot water sanitizing final rinse manifold or in the chemical sanitizing solution tank. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1528 FUNCTIONALITY ─ MANUAL WAREWASHING EQUIPMENT, HEATERS AND BASKETS

1528.1 If hot water is used for sanitization in manual warewashing operations, the sanitizing compartment of the sink shall be:

(a) Designed with an integral heating device that is capable of maintaining water at a temperature not less than seventy-seven degrees Celsius (77o C) (one hundred seventy-one degrees Fahrenheit (171o F)); Pf and

(b) Provided with a rack or basket to allow complete immersion of equipment and utensils into the hot water. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1529 FUNCTIONALITY ─ WAREWASHING MACHINES, AUTOMATIC DISPENSING OF DETERGENTS AND SANITIZERS

1529.1 A warewashing machine that uses a chemical for sanitization and that is installed after adoption of this Code shall be equipped to:

(a) Automatically dispense detergents and sanitizers; Pf and

(b) Incorporate a visual means to verify that detergents and sanitizers are delivered or a visual or audible alarm to signal if the detergents and sanitizers are not delivered to the respective washing and sanitizing cycles.Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1530 FUNCTIONALITY ─ WAREWASHING MACHINES, FLOW PRESSURE DEVICE

1530.1 Warewashing machines that provide a fresh hot water sanitizing rinse shall be equipped with a pressure gauge or similar device such as a transducer that measures and displays the water pressure in the supply line immediately before entering the warewashing machine.

1530.2 If the flow pressure-measuring device is upstream of the fresh hot water sanitizing rinse control valve, the device shall be mounted in a six and four millimeter (6.4 mm) or one fourth inch (1/4 in.) Iron Pipe Size (IPS) valve.

1530.3 Subsections 1530.1 and 1530.2 do not apply to a machine that uses only a pumped or recirculated sanitizing rinse.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1531 FUNCTIONALITY ─ WAREWASHING SINKS AND DRAINBOARDS, SELF-DRAINING

1531.1 Sinks and drainboards of warewashing sinks and machines shall be self-draining.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1532 FUNCTIONALITY ─ EQUIPMENT COMPARTMENTS, DRAINAGE

1532.1 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1533 FUNCTIONALITY ─ VENDING MACHINES, LIQUID WASTE PRODUCTS

1533.1 Vending machines designed to store beverages that are packaged in containers made from paper products shall be equipped with diversion devices and retention pans or drains for container leakage.

1533.2 Vending machines that dispense liquid food in bulk shall be:

(a) Provided with an internally mounted waste receptacle for the collection of drip, spillage, overflow, or other internal wastes; and

(b) Equipped with an automatic shutoff device that will place the machine out of operation before the waste receptacle overflows.

1533.3 Shutoff devices specified in § 1533.2(b) shall prevent water or liquid food from continuously running if there is a failure of a flow control device in the water or liquid food system or waste accumulation that could lead to overflow of the waste receptacle.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1534 FUNCTIONALITY ─ CASE LOT HANDLING APPARATUSES, MOVEABILITY

1534.1 Apparatuses, 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 apparatuses such as hand trucks and forklifts.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1535 FUNCTIONALITY ─ VENDING MACHINE DOORS AND OPENINGS

1535.1 Vending machine doors and access opening covers to food and container storage spaces shall be tight-fitting so that the space along the entire interface between the doors or covers and the cabinet of the machine, if the doors or covers are in a closed position, is no greater than one and one-half millimeters (1.5 mm) or one sixteenth of an inch (1/16 in.) by:

(a) Being covered with louvers, screens, or materials that provide an equivalent opening of not greater than one and one-half millimeters (1.5 mm) or one-sixteenth of an inch (1/16 in.). Screening of twelve (12) or more mesh to two and a half centimeters (2.5 cm) twelve (12) mesh to one inch (1 in.) meets this requirement;

(b) Being effectively gasketed;

(d) Jambs or surfaces used to form an L-shaped entry path to the interface.

1535.2 Vending machine service connection openings through an exterior wall of a machine shall be closed by sealants, clamps, or grommets so that the openings are no larger than one and a half millimeters (1.5 mm) or one-sixteenth of an inch (1/16 in).

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1536 ACCEPTABILITY ─ FOOD EQUIPMENT, CERTIFICATION AND CLASSIFICATION

1536.1 Food equipment that is certified or classified for sanitation by an American National Standards Institute (ANSI)-accredited certification program is deemed to be in compliance with Chapters 14 and 15 of this Code.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A16 NUMBERS AND CAPACITIES OF EQUIPMENT, UTENSILS AND LINENS

25-A DCMR § 1600 EQUIPMENT ─ COOLING, HEATING, AND HOLDING CAPACITIES

1600.1 Equipment for cooling and heating food, and holding cold and hot food, shall be sufficient in number and capacity to provide food temperatures as specified in Chapters 6 through 13. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1601 EQUIPMENT ─ MANUAL WAREWASHING, SINK COMPARTMENT REQUIREMENTS

1601.1 A sink with at least three (3) compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils, except as specified in § 1601.3.Pf

1601.2 Sink compartments shall be large enough to accommodate immersion of the largest equipment and utensils. If equipment or utensils are too large for the warewashing sink, a warewashing machine or alternative equipment as specified in § 1601.3 shall be used. Pf

1601.3 Alternative manual warewashing equipment may be used when there are special cleaning needs or constraints and its use is approved. Alternative manual warewashing equipment may include:

(a) High-pressure detergent sprayers;

(b) Low- or line-pressure spray detergent foamers;

(d) Brushes or other implements;

(e) Two (2)-compartment sinks as specified in §§ 1601.4 and 1601.5; or

(f) Receptacles that substitute for the compartments of a multi-compartment sink.

1601.4 Before a two (2)-compartment sink is used:

(a) The licensee shall have its use approved; and

(b) The licensee shall limit the number of kitchenware items cleaned and sanitized in the two (2)-compartment sink, and shall limit warewashing to batch operations for cleaning kitchenware such as between cutting one type of raw meat and another or cleanup at the end of a shift, and shall:

(1) Make up the cleaning and sanitizing solutions immediately before use and drain them immediately after use, and

(2) Use a detergent-sanitizer to sanitize and apply the detergent- sanitizer in accordance with the manufacturer’s label instructions and as specified in § 1814; or

(3) Use a hot water sanitization immersion step as specified in § 1909.1(c).

1601.5 A two (2)-compartment sink shall not be used for warewashing operations where cleaning and sanitizing solutions are used for a continuous or intermittent flow of kitchenware or tableware in an ongoing warewashing process.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1602 EQUIPMENT ─ DRAINBOARDS

1602.1 Drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary utensil holding before cleaning and after sanitizing.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1603 EQUIPMENT ─ VENTILATION HOOD SYSTEMS, ADEQUACY

1603.1 Ventilation hood systems and devices shall be sufficient in number and capacity to prevent grease or condensation from collecting on walls and ceilings according to the D.C. Fire Code (2008) incorporating the International Fire Code (2006) or most recent edition as amended by the D.C. Fire Code Supplement, as amended (Subtitle H of 12 DCMR). P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1604 EQUIPMENT ─ CLOTHES WASHERS AND DRYERS

1604.1 If work clothes or linens are laundered on the premises, a mechanical clothes washer and dryer shall be provided and used, except as specified in § 1604.2.

1604.2 If on-premises laundering is limited to wiping cloths intended to be used moist, or wiping cloths are air-dried as specified in § 2201, a mechanical clothes washer and dryer need not be provided.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1605 UTENSILS ─ CONSUMER SELF-SERVICE

1605.1 A food dispensing utensil shall be available for each container displayed at a consumer self-service unit such as a buffet or salad bar.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1606 FOOD TEMPERATURE MEASURING DEVICES

1606.1 Food temperature measuring devices shall be provided and readily accessible for use in ensuring attainment and maintenance of food temperatures as specified in Chapters 6 through 13. Pf

1606.2 A temperature measuring device with a suitable small-diameter probe that is designed to measure the temperature of thin masses shall be provided and readily accessible to accurately measure the temperature in thin foods such as meat patties and fish filets. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1607 TEMPERATURE MEASURING DEVICES ─ MANUAL WAREWASHING

1607.1 In manual warewashing operations, a temperature measuring device shall be provided and readily accessible for frequently measuring the washing and sanitizing temperatures.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1608 TESTING DEVICES ─ SANITIZING SOLUTIONS

1608.1 A test kit or other device that accurately measures the concentration in micrograms per liter (mg/L) of sanitizing solutions shall be provided. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A17 LOCATION AND INSTALLATION OF EQUIPMENT

25-A DCMR § 1700 LOCATION ─ EQUIPMENT, CLOTHES WASHERS AND DRYERS, AND STORAGE CABINETS, CONTAMINATION PREVENTION

1700.1 Except as specified in § 1700.2, equipment, a cabinet used for the storage of food, or a cabinet that is used to store cleaned and sanitized equipment, utensils, laundered linens, and single-service and single-use articles shall not be located:

(a) In locker rooms;

(b) In toilet rooms;

(d) In mechanical rooms;

(e) Under sewer lines that are not shielded to intercept potential drips;

(f) Under leaking water lines including leaking automatic fire sprinkler heads or under lines on which water has condensed;

(g) Under open stairwells; or

(h) Under other sources of contamination.

1700.2 A storage cabinet used for linens or single-service or single-use articles may be stored in a locker room.

1700.3 If a mechanical clothes washer or dryer is provided, it shall be located so that the washer or dryer is protected from contamination and only where there is no exposed food, clean equipment, clean utensils, clean linens, or unwrapped single service and single-use articles.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1701 INSTALLATION ─ FIXED EQUIPMENT, SPACING OR SEALING

1701.1 Equipment that is fixed because it is not easily movable shall be installed so that it is:

(a) Spaced to allow access for cleaning along the sides, behind, and above the equipment;

(b) Spaced from adjoining equipment, walls, and ceilings a distance of not more than one millimeter (1 mm) or one thirty-second of an inch (1/32 in.); or

1701.2 Counter-mounted equipment that is not easily movable shall be installed to allow cleaning of the equipment and areas underneath and around the equipment by being:

(a) Sealed; or

(b) Elevated on legs as specified in § 1702.4.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1702 INSTALLATION ─ FIXED EQUIPMENT, ELEVATION OR SEALING

1702.1 Floor-mounted equipment that is not easily movable shall be sealed to the floor or elevated on legs that provide at least a fifteen centimeter (15 cm) or a six inch (6 in.) clearance between the floor and the equipment, except as specified in §§ 1702.2 and 1702.3.

1702.2 If no part of the floor under the floor-mounted equipment is more than fifteen centimeters (15 cm) or six inches (6 in.) from the point of cleaning access, the clearance space may be only ten centimeters (10 cm) or four inches (4 in.).

1702.3 This section does not apply to display shelving units, display refrigeration units, and display freezer units located in the consumer shopping areas of a retail food store, if the floor under the units is maintained clean.

1702.4 Counter-mounted equipment that is not easily movable shall be elevated on legs that provide at least a ten centimeter (10 cm) or four inch (4 in.) clearance between the table and the equipment, except as specified in § 1702.5.

1702.5 The clearance space between the table and counter-mounted equipment may be:

(a) Seven and a half centimeters (7.5 cm) or three inches (3 in.) if the horizontal distance of the table top under the equipment is no more than fifty centimeters (50 cm) or twenty inches (20 in.) from the point of access for cleaning; or

(b) Five centimeters (5 cm) or two inches (2 in.) if the horizontal distance of the table top under the equipment is no more than seven and one-half centimeters (7.5 cm) or three inches (3 in.) from the point of access for cleaning.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A18 MAINTENANCE AND OPERATION OF EQUIPMENT AND UTENSILS

25-A DCMR § 1800 EQUIPMENT ─ GOOD REPAIR AND PROPER ADJUSTMENT

1800.1 Equipment shall be maintained in a state of repair and condition that meets the requirements specified in Chapters 14 and 15.

1800.2 Equipment components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturer's specifications.

1800.3 Cutting or piercing parts of can openers shall be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1801 EQUIPMENT ─ CUTTING SURFACES

1801.1 Surfaces such as cutting blocks and boards that are subject to scratching and scoring shall be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded if they are not capable of being resurfaced.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1802 EQUIPMENT ─ MICROWAVE OVENS

1802.1 Microwave ovens shall meet the safety standards specified in 21 CFR § 1030.10 − Microwave ovens.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1803 EQUIPMENT ─ WAREWASHING, CLEANING FREQUENCY

1803.1 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 as specified in § 1602 shall be cleaned:

(a) Before use;

(b) Throughout the day at a frequency necessary to prevent recontamination of equipment and utensils and to ensure that the equipment performs its intended function; and

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1804 EQUIPMENT ─ WAREWASHING MACHINES, MANUFACTURERS' OPERATING INSTRUCTIONS

1804.1 A warewashing machine and its auxiliary components shall be operated in accordance with the machine's data plate and other manufacturer's instructions.

1804.2 A warewashing machine's conveyor speed or automatic cycle times shall be maintained accurately timed in accordance with manufacturer's specifications.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1805 EQUIPMENT ─ WAREWASHING SINKS, USE LIMITATION

1805.1 A warewashing sink shall not be used for handwashing or dumping mop water.

1805.2 If a warewashing sink is used to wash wiping cloths, wash produce, or thaw food, the sink shall be cleaned as specified in § 1803 before and after each time it is used to wash wiping cloths or wash produce or thaw food. Sinks used to wash or thaw food shall be sanitized as specified in Chapter 20 before and after using the sink to wash produce or thaw food.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1806 EQUIPMENT ─ WAREWASHING, CLEANING AGENTS

1806.1 When used for warewashing, the wash compartment of a sink, mechanical warewasher, or wash receptacle of alternative manual warewashing equipment as specified in § 1601.3 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. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1807 EQUIPMENT ─ WAREWASHING, CLEAN SOLUTIONS

1807.1 The wash, rinse, and sanitize solutions shall be maintained clean.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1808 EQUIPMENT ─ MANUAL WAREWASHING, WASH SOLUTION TEMPERATURE

1808.1 The temperature of the wash solution in manual warewashing equipment shall be maintained at not less than forty-three degrees Celsius (43o C) (one hundred ten degrees Fahrenheit (110o F)) or the temperature specified on the cleaning agent manufacturer's label instructions. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1809 EQUIPMENT ─ MECHANICAL WAREWASHING, WASH SOLUTION TEMPERATURE

1809.1 The temperature of the wash solution in spray type warewashers that use hot water to sanitize shall not be less than:

(a) For a stationary rack, single temperature machine, seventy-four degrees Celsius (74o C) (one hundred sixty-five degrees Fahrenheit (165o F)); Pf

(b) For a stationary rack, dual temperature machine, sixty-six degrees Celsius (66o C) (one hundred fifty degrees Fahrenheit (150o F)); Pf

(c) For a single tank, conveyor, dual temperature machine, seventy-one degrees Celsius (71o C) (one hundred sixty degrees Fahrenheit (160o F)); Pf or

(d) For a multi-tank, conveyor, multi-temperature machine, sixty-six degrees Celsius (66o C) (one hundred fifty degrees Fahrenheit (150o F)). Pf

1809.2 The temperature of the wash solution in spray-type warewashers that use chemicals to sanitize shall not be less than forty-nine degrees Celsius (49oC) (one hundred twenty degrees Fahrenheit (120 o F)). Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1810 EQUIPMENT ─ MANUAL WAREWASHING, HOT WATER SANITIZATION TEMPERATURES

1810.1 If immersion in hot water is used for sanitizing in a manual operation, the temperature of the water shall be maintained at seventy-seven degrees Celsius (77o C) (one hundred seventy-one degrees Fahrenheit (171o F)) or above. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1811 EQUIPMENT ─ MECHANICAL WAREWASHING, HOT WATER SANITIZATION TEMPERATURES

1811.1 Except as specified in § 1811.2, in a mechanical operation, the temperature of the fresh hot water sanitizing rinse as it enters the manifold shall not be more than ninety degrees Celsius (90o C) (one hundred ninety-four degrees Fahrenheit (194o F)), or less than: Pf

(a) For a stationary rack, single temperature machine, four degrees Celsius (4o C) (one hundred sixty-five degrees Fahrenheit (165o F)); Pf or

(b) For all other machines, eighty-two degrees Celsius (82o C) (one hundred eighty degrees Fahrenheit (180o F)). Pf

1811.2 The maximum temperature specified in § 1811.1 does not apply to the high pressure and temperature systems with wand-type, hand-held, spraying devices used for the in-place cleaning and sanitizing of equipment such as meat saws.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1812 EQUIPMENT ─ MECHANICAL WAREWASHING, SANITIZATION PRESSURE

1812.1 The flow pressure of the fresh hot water sanitizing rinse in a warewashing machine, as measured in the water line immediately downstream or upstream from the fresh hot water sanitizing rinse control value, shall be within the range specified on the manufacturer’s data plate and may not be less than thirty-five (35) kilopascals (five pounds (5 lbs.) per square inch)) or more than two hundred (200) kilopascals (thirty pounds (30 lbs.) per square inch)).

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1813 EQUIPMENT ─ MANUAL AND MECHANICAL WAREWASHING, CHEMICAL SANITIZATION - TEMPERATURE, pH, CONCENTRATION, AND HARDNESS

1813.1 A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at contact times specified in § 2002.2 shall meet the criteria specified in § 3404 Sanitizer, Criteria, shall be used in accordance with the EPA-registered label use instructions, and shall be used as specified in §§ 1813.2 through 1813.6. P

1813.2 A chlorine solution shall have a minimum temperature based on the concentration and pH of the solution as listed in the following chart: P

Concentration

Range

Minimum Temperature

mg/L

pH 10 or less

oC (oF)

pH 8 or less

oC (oF)

25 - 49

49 (120)

50 - 99

38 (100)

24 (75)

100

13 (55)

1813.3 An iodine solution shall have a:

(a) Minimum temperature of twenty degrees Celsius (20o C) (sixty-eight degrees Fahrenheit (68o F)); P

(b) pH of five (5.0) or less or a pH no higher than the level for which the manufacturer specifies the solution is effective; P and

(c) Concentration between twelve and a half micrograms per liter (12.5 mg/L) and twenty-five micrograms per liter (25 mg/L). P

1813.4 A quaternary ammonium compound solution shall:

(a) Have a minimum temperature of twenty-four degrees Celsius (24o C) (seventy-five degrees Fahrenheit (75o F)); P

(b) Have a concentration as specified in § 3404 and as indicated by the manufacturer's use directions included in the labeling; P and

(c) Be used only in water with five hundred micrograms per liter (500 mg/L) hardness or less, or in water having hardness no greater than specified by the EPA-registered label use instructions. P

1813.5 If another solution of a chemical specified under §§ 1813.2 through 1813.4 is used, the licensee shall demonstrate to the Department that the solution achieves sanitization and the use of the solution shall be approved. P

1813.6 If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, it shall be applied in accordance with the EPA-registered label use instructions. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1814 EQUIPMENT ─ MANUAL WAREWASHING, CHEMICAL SANITIZATION USING DETERGENT-SANITIZERS

1814.1 If a detergent-sanitizer is used to sanitize in a cleaning and sanitizing procedure where there is no distinct water rinse between the washing and sanitizing steps, the agent applied in the sanitizing step shall be the same detergent-sanitizer that is used in the washing step.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1815 EQUIPMENT ─ WAREWASHING, DETERMINING CHEMICAL SANITIZER CONCENTRATION

1815.1 Concentration of the sanitizing solution shall be accurately determined by using a test kit or other device. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1816 UTENSILS AND TEMPERATURE AND PRESSURE MEASURING DEVICES ─ GOOD REPAIR AND CALIBRATION

1816.1 Utensils shall be maintained in a state of repair or condition that complies with the requirements specified in Chapters 14 and 15 or shall be discarded.

1816.2 Food temperature measuring devices shall be calibrated in accordance with manufacturer's specifications as necessary to ensure their accuracy. Pf

1816.3 Ambient air temperature, water pressure, and water temperature measuring devices shall be maintained in good repair and be accurate within the intended range of use.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1817 UTENSILS ─ SINGLE-SERVICE AND SINGLE-USE ARTICLES, REQUIRED USE

1817.1 A food establishment without facilities specified in Chapters 19 and 20 for cleaning and sanitizing kitchenware and tableware shall provide only single-use kitchenware, single-service articles, and single-use articles for use by food employees and single-service articles for use by consumers. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1818 UTENSILS ─ SINGLE-SERVICE AND SINGLE-USE ARTICLES, USE LIMITATION

1818.1 Single-service and single-use articles shall not be reused.

1818.2 The bulk milk container dispensing tube shall be cut on the diagonal leaving no more than one inch (1 in.) protruding from the chilled dispensing head.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1819 UTENSILS ─ SHELLS, USE LIMITATION

1819.1 Mollusk and crustacea shells shall not be used more than once as serving containers.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A19 CLEANING OF EQUIPMENT AND UTENSILS

25-A DCMR § 1900 OBJECTIVE ─ CLEANING

1900.1 Equipment food-contact surfaces and utensils shall be clean to sight and touch. Pf

1900.2 The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations.

1900.3 Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1901 FREQUENCY ─ EQUIPMENT, FOOD-CONTACT SURFACES, AND UTENSILS

1901.1 Equipment food-contact surfaces and utensils shall be cleaned:

(a) Before each use with a different type of raw animal food such as beef, fish, lamb, pork, or poultry, except as specified in § 1901.2; P

(b) Each time there is a change from working with raw foods to working with ready-to-eat foods; P

(c) Between uses with raw fruits and vegetables and with potentially hazardous food (time/temperature control for safety food); P

(d) Before using or storing a food temperature measuring device; P and

(e) At any time during the operation when contamination may have occurred.P

1901.2 Subsection 1901.1(a) does not apply if the food contact surface or utensil is in contact with a succession of different raw animal foods each requiring a higher cooking temperature as specified in § 900 than the previous food, such as preparing raw fish followed by cutting raw poultry on the same cutting board.

1901.3 If used with potentially hazardous food (time/temperature control for safety food), equipment, food-contact surfaces and utensils shall be cleaned throughout the day at least every four (4) hours, except as specified in § 1901.4. P

1901.4 Surfaces of utensils and equipment contacting potentially hazardous food (time/ temperature control for safety food) may be cleaned less frequently than every four (4) hours if:

(a) In storage, containers of potentially hazardous food (time/temperature control for safety food) and their contents are maintained at temperatures specified in Chapters 6 through 13 and the containers are cleaned when they are empty;

(b) Utensils and equipment are used to prepare food in a refrigerated room or area that is maintained at one of the temperatures in the following chart, the utensils and equipment are cleaned at the frequency in the following chart that corresponds to the temperature, and the cleaning frequency based on the ambient temperature of the refrigerated room or area is documented in the food establishment:

Temperature

Cleaning Frequency

5.0°C (41°F) or less 24 hours

5.0°C - 7.2°C 20 hours

(>41°F - 45°F)

7.2°C - 10.0°C 16 hours

(>45°F - 50°F)

10.0°C - 12.8°C 10 hours

(>50°F - 55°F)

(c) Containers in serving situations such as salad bars, delis, and cafeteria lines hold ready-to-eat potentially hazardous food (time/temperature control for safety food) that is maintained at the temperatures specified in Chapters 6 through 13 are intermittently combined with additional supplies of the same food that is at the required temperature, and the containers are cleaned at least every twenty-four (24) hours;

(d) Temperature measuring devices are maintained in contact with food, such as when left in a container of deli food or in a roast, held at temperatures specified in Chapters 6 through 13;

(e) Equipment is used for storage of packaged or unpackaged food such as a reach-in refrigerator and the equipment is cleaned at a frequency necessary to preclude accumulation of soil residues;

(f) The cleaning schedule is approved based on consideration of:

(1) Characteristics of the equipment and its use;

(2) The type of food involved;

(3) The amount of food residue accumulation; and

(4) The temperature at which the food is maintained during the operation, and the potential for the rapid and progressive multiplication of pathogenic or toxigenic microorganisms that are capable of causing foodborne disease; and

(g) In-use utensils are intermittently stored in a container of water in which the water is maintained at fifty-seven degrees Celsius (57o C) (one hundred and thirty-five degrees Fahrenheit (135° F)) or more and the utensils and container are cleaned at least every twenty-four (24) hours or at a frequency necessary to preclude accumulation of soil residues.

1901.5 Except when dry cleaning methods are used as specified in § 1904, surfaces of utensils and equipment in contact with food that is not potentially hazardous (time/temperature control for safety food) shall be cleaned:

(a) At any time when contamination may have occurred;

(b) At least every twenty-four (24) hours for iced tea dispensers and consumer self-service utensils such as tongs, scoops, or ladles;

(c) Before restocking consumer self-service equipment and utensils such as condiment dispensers and display containers; and

(d) In equipment such as ice bins and beverage dispensing nozzles and enclosed components of equipment such as ice makers, cooking oil storage tanks and distribution lines, beverage and syrup dispensing lines or tubes, coffee bean grinders, and water vending equipment:

(1) At a frequency specified by the manufacturer; or

(2) Absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or mold.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1902 FREQUENCY ─ COOKING AND BAKING EQUIPMENT

1902.1 The food-contact surfaces of cooking and baking equipment shall be cleaned at least every twenty-four (24) hours. This section does not apply to hot oil cooking and filtering equipment if it is cleaned as specified in § 1901.4.

1902.2 The cavities and door seals of microwave ovens shall be cleaned at least every twenty-four (24) hours by using the manufacturer's recommended cleaning procedure.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1903 FREQUENCY ─ NONFOOD-CONTACT SURFACES

1903.1 Nonfood-contact surfaces of equipment shall be cleaned at a frequency necessary to preclude accumulation of soil residues.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1904 METHODS ─ DRY CLEANING

1904.1 If used, dry cleaning methods such as brushing, scraping, and vacuuming shall contact only surfaces that are soiled with dry food residues that are not potentially hazardous (time/temperature control for safety food).

1904.2 Cleaning equipment used in dry cleaning food-contact surfaces shall not be used for any other purpose.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1905 METHODS ─ PRECLEANING

1905.1 Food debris on equipment and utensils shall be scrapped over a waste disposal unit, or garbage receptacle or shall be removed in a warewashing machine with a prewash cycle.

1905.2 If necessary for effective cleaning, utensils and equipment shall be preflushed, presoaked, or scrubbed with abrasives.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1906 METHODS ─ LOADING OF SOILED ITEMS, WAREWASHING MACHINES

1906.1 Soiled items to be cleaned in a warewashing machine shall be loaded into racks, trays, or baskets or onto conveyors in a position that:

(a) Exposes the items to the unobstructed spray from all cycles; and

(b) Allows the items to drain.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1907 METHODS ─ WET CLEANING

1907.1 Equipment food-contact surfaces and utensils shall be effectively washed to remove or completely loosen soils by using the manual or mechanical means necessary such as the application of detergents containing wetting agents and emulsifiers; acid, alkaline, or abrasive cleaners; hot water; brushes; scouring pads; high-pressure sprays; or ultrasonic devices.

1907.2 The washing procedures selected shall be based on the type and purpose of the equipment or utensil, and on the type of soil to be removed.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1908 METHODS ─ WASHING, PROCEDURES FOR ALTERNATIVE MANUAL WAREWASHING EQUIPMENT

1908.1 If washing in sink compartments or a warewashing machine is impractical such as when the equipment is fixed or the utensils are too large, washing shall be done by using alternative manual warewashing equipment as specified in § 1601.3, in accordance with the following procedures:

(a) Equipment shall be disassembled as necessary to allow access of the detergent solution to all parts;

(b) Equipment components and utensils shall be scrapped or rough cleaned to remove food particle accumulation; and

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1909 METHODS ─ RINSING PROCEDURES

1909.1 Washed utensils and equipment shall be rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of water or a detergent-sanitizer solution by using one (1) of the following procedures:

(a) Use of a distinct, separate water rinse after washing and before sanitizing if using:

(1) A three (3)-compartment sink;

(2) Alternative manual warewashing equipment equivalent to a three (3)-compartment sink as specified in § 1601.3; or

(3) A three (3)-step washing, rinsing, and sanitizing procedure in a warewashing system for CIP equipment;

(b) Use of a detergent-sanitizer as specified in § 1814 if using:

(1) Alternative warewashing equipment as specified in § 1601.3 that is approved for use with a detergent-sanitizer; or

(2) A warewashing system for CIP equipment;

(c) Use of a nondistinct water rinse that is integrated in the hot water sanitization immersion step of a two (2)-compartment sink operation;

(d) If using a warewashing machine that does not recycle the sanitizing solution as specified in § 1909.1(e), or alternative manual warewashing equipment such as sprayers, use of a nondistinct water rinse that is:

(1) Integrated in the application of the sanitizing solution; and

(2) Wasted immediately after each application; or

(e) If using a warewashing machine that recycles the sanitizing solution for use in the next wash cycle, use of a nondistinct water rinse that is integrated in the application of the sanitizing solution.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 1910 METHODS ─ CLEANING FOR REFILLING OF RETURNABLES

1910.1 Returned empty containers intended for cleaning and refilling with food shall be cleaned and refilled in a regulated food processing plant, except as specified in §§ 1910.2 and 1910.3. P

1910.2 A food-specific container for beverages may be refilled at a food establishment if:

(a) Only a beverage that is not a potentially hazardous food (time/ temperature control for safety food) is used as specified in § 815.1;

(b) The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the food establishment;

(c) Facilities for rinsing before refilling returned containers with fresh, hot water that is under pressure and not recirculated are provided as part of the dispensing system;

(d) The consumer-owned container returned to the food establishment for refilling is refilled for sale or service only to the same consumer; and

(e) The container is refilled by:

(1) An employee of the food establishment; or

(2) The owner of the container if the beverage system includes a contamination-free transfer process that cannot be bypassed by the container owner.

1910.3 Consumer-owned containers that are not food-specific may be filled at a water vending machine or system.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A20 SANITIZATION OF EQUIPMENT AND UTENSILS

25-A DCMR § 2000 OBJECTIVE ─ FOOD CONTACT SURFACES AND UTENSILS

2000.1 Equipment, food-contact surfaces, and utensils shall be sanitized.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2001 FREQUENCY ─ BEFORE USE AFTER CLEANING

2001.1 Utensils and food-contact surfaces of equipment shall be sanitized before use after cleaning. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2002 METHODS ─ HOT WATER AND CHEMICAL

2002.1 After being cleaned, equipment, food-contact surfaces and utensils shall be sanitized in:

(a) Hot water manual operations by immersion for at least thirty (30) seconds as specified in § 1810; P or

(b) Hot water mechanical operations by being cycled through equipment that is set up as specified in §§ 1804, 1811, and 1812 and achieving a utensil surface temperature of seventy-one degrees Celsius (71o C) (one hundred and sixty degrees Fahrenheit (160o F)) as measured by an irreversible registering temperature indicator. P

2002.2 After being cleaned, equipment food-contact surfaces and utensils shall be sanitized in chemical manual or mechanical operations, including the application of sanitizing chemicals by immersion, manual swabbing, brushing, or pressure spraying methods, using a solution as specified in § 1813 by providing:

(a) Except as specified in § 2002.2(b), a contact time of at least ten (10) seconds for a chlorine solution specified in § 1813.2; P

(b) A contact time of at least seven (7) seconds for a chlorine solution of fifty micrograms per liter (50 mg/L) that has a pH of ten (10) or less and a temperature of at least thirty -eight degrees Celsius (38o C) (one hundred degrees Fahrenheit (100o F), or a pH of eight (8) or less and a temperature of at least twenty-four degrees Celsius (24o C) (seventy-five degrees Fahrenheit (75o F)); P

(d) A contact time used in relationship with a combination of temperature, concentration, and pH that, when evaluated for efficacy, yields “sanitization”, as defined in this Code. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A21 LAUNDERING OF LINENS

25-A DCMR § 2100 OBJECTIVE ─ CLEAN LINENS

2100.1 Clean linens shall be free from food residues and other soiling matter.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2101 FREQUENCY ─ SPECIFICATIONS

2101.1 Linens that do not come in direct contact with food shall be laundered between operations if they become wet, sticky, or visibly soiled.

2101.2 Cloth gloves used as specified in § 813.4 shall be laundered before being used with a different type of raw animal food such as beef, fish, lamb, pork or poultry.

2101.3 Linens and napkins that are used as specified in § 811 and cloth napkins shall be laundered between each use.

2101.4 Wet wiping cloths shall be laundered daily.

2101.5 Dry wiping cloths shall be laundered as necessary to prevent contamination of food and clean serving utensils.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2102 METHODS ─ STORAGE OF SOILED LINENS

2102.1 Soiled linens shall be kept in clean, nonabsorbent receptacles or clean, washable laundry bags, stored in vermin-proof containers, and transported to prevent contamination of food, clean equipment, clean utensils, and single-service and single-use articles.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2103 METHODS ─ MECHANICAL WASHING

2103.1 Linens shall be mechanically washed, except as specified in § 2103.2.

2103.2 In food establishments in which only wiping cloths are laundered as specified in § 1604.2, the wiping cloths may be laundered in a mechanical washer, sink designated only for laundering wiping cloths, or a warewashing or food preparation sink that is cleaned as specified in § 1803.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2104 METHODS ─ USE OF LAUNDRY FACILITIES

2104.1 Laundry facilities on the premises of a food establishment shall be used only for the washing and drying of items used in the operation of the establishment, except as specified in § 2104.2.

2104.2 Separate laundry facilities located on the premises for the purpose of general laundering such as for institutions providing boarding and lodging may also be used for laundering food establishment items.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A22 PROTECTION OF CLEAN EQUIPMENT, UTENSILS, AND LINENS

25-A DCMR § 2200 DRYING ─ EQUIPMENT AND UTENSILS, AIR-DRYING REQUIRED

2200.1 After cleaning and sanitizing, equipment and utensils:

(a) Shall be air-dried or used after adequate draining as specified in the first paragraph of 40 C.F.R. § 180.940 − Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions), before contact with food; and

(b) Shall not be cloth dried except that utensils that have been air-dried may be polished with cloths that are maintained clean and dry.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2201 DRYING ─ WIPING CLOTHS, AIR-DRYING LOCATIONS

2201.1 Wiping cloths laundered in a food establishment that does not have a mechanical clothes dryer as specified in § 1604.2 shall be air-dried in a location and in a manner that prevents contamination of food, equipment, utensils, linens, and single-service and single-use articles and the wiping cloths. This section does not apply if wiping cloths are stored after laundering in a sanitizing solution as specified in § 1813.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2202 LUBRICATING AND REASSEMBLING ─ FOOD-CONTACT SURFACES, AND EQUIPMENT

2202.1 Lubricants as specified in § 3408 shall be applied to food-contact surfaces that require lubrication in a manner that does not contaminate food-contact surfaces.

2202.2 Equipment shall be reassembled so that food-contact surfaces are not contaminated.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2203 STORING ─ EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE AND SINGLE-USE ARTICLES

2203.1 Cleaned equipment and utensils, laundered linens, and single-service and single use articles, except as specified in § 2203.4, shall be stored:

(a) In a clean, dry location;

(b) Where they are not exposed to splash, dust, or other contamination; and

2203.2 Clean equipment and utensils shall be stored as specified in § 2203.1 and shall be stored:

(a) In a self-draining position that allows air drying; and

(b) Covered or inverted.

2203.3 Single-service and single-use articles shall be stored as specified in § 2203.1 and shall be kept in the original protective package or stored by using other means that afford protection from contamination until used.

2203.4 Items that are kept in closed packages may be stored less than fifteen centimeters (15 cm) or six inches (6 in.) above the floor on dollies, pallets, racks, and skids that are designed as provided in § 1534.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2204 STORING ─ PROHIBITIONS

2204.1 Cleaned and sanitized equipment, utensils, laundered linens, and single-service and single-use articles, except as specified in § 2204.2, shall not be stored:

(a) In locker rooms;

(b) In toilet rooms;

(d) In mechanical rooms;

(e) Under sewer lines that are not shielded to intercept potential drips;

(f) Under leaking water lines including leaking automatic fire sprinkler heads or under lines on which water has condensed;

(g) Under open stairwells; or

(h) Under other sources of contamination.

2204.2 Laundered linens and single-service and single-use articles that are packaged or in a facility such as a cabinet may be stored in a locker room.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2205 PREVENTING CONTAMINATION ─ KITCHENWARE AND TABLEWARE

2205.1 Single-service and single-use articles and cleaned and sanitized utensils shall be handled, displayed, and dispensed so that contamination of food- and lip-contact surfaces is prevented.

2205.2 Knives, forks, and spoons that are not prewrapped shall be presented so that employees and consumers, if consumer self-service is provided, only touch the handles.

2205.3 Single-service articles that are intended for food- or lip-contact shall be furnished for consumer self-service with the original individual wrapper intact or from an approved dispenser.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2206 PREVENTING CONTAMINATION ─ SOILED AND CLEAN TABLEWARE

2206.1 Soiled tableware shall be removed from consumer eating and drinking areas and handled so that clean tableware is not contaminated.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2207 PREVENTING CONTAMINATION ─ PRESET TABLEWARE

2207.1 Tableware that is preset shall be protected from contamination by being wrapped, covered, or inverted.

2207.2 When tableware is preset, exposed, unused settings shall be:

(a) Removed when a consumer is seated; or

(b) Cleaned and sanitized before further use if the settings are not removed when a consumer is seated.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2208 PREVENTING CONTAMINATION ─ RINSING EQUIPMENT AND UTENSILS AFTER CLEANING AND SANITIZING

2208.1 After being cleaned and sanitized, equipment and utensils shall not be rinsed before air drying or use unless:

(a) The rinse is applied directly from a potable water supply by a warewashing machine that is maintained and operated as specified in §§ 1513 through 1535 and §§ 1800 through 1815; and

(b) The rinse is applied only after the equipment and utensils have been sanitized by the application of hot water or by the application of a chemical sanitizer solution whose EPA-registered label use instructions call for rinsing off the sanitizer after it is applied in a commercial warewashing machine.

History

SOURCE: Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A23 WATER

25-A DCMR § 2300 SOURCE ─ APPROVED SYSTEM

2300.1 The only approved system for drinking water is the District of Columbia public water system. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2301 SOURCE ─ SYSTEM FLUSHING AND DISINFECTION

2301.1 A drinking 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. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2302 SOURCE ─ BOTTLED DRINKING WATER

2302.1 Bottled drinking water used or sold in a food establishment shall be obtained from approved sources in accordance with 21 C.F.R. § 129 − Processing and Bottling of Bottled Drinking Water. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2303 QUALITY ─ STANDARDS

2303.1 Water from a public water system shall meet 40 C.F.R. § 141 − National Primary Drinking Water Regulations and District of Columbia drinking water quality standards. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2304 QUALITY ─ NONDRINKING WATER

2304.1 A nondrinking water supply shall be used only if its use is approved. P

2304.2 Nondrinking water shall be used only for nonculinary purposes including, but not limited to, air conditioning, nonfood equipment cooling, and fire protection. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2305 QUANTITY AND AVAILABILITY ─ CAPACITY

2305.1 The water source and system shall be of sufficient capacity to meet the peak water demands of the food establishment. Pf

2305.2 Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the food establishment. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2306 QUANTITY AND AVAILABILITY ─ PRESSURE

2306.1 Hot or cold water under pressure shall be provided to all fixtures, equipment, and nonfood equipment that are required to use hot or cold water, except that water supplied as specified in §§ 2308.1(a) and (b) to a temporary food establishment or in response to a temporary interruption of a water supply need not be under pressure. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2307 DISTRIBUTION, DELIVERY, AND RETENTION ─ SYSTEM

2307.1 Water shall be received from the source through the use of an approved public water main; Pf or through one of the following that shall be constructed, maintained, and operated according to 40 C.F.R. § 141 − National Primary Drinking Water Regulations and District of Columbia drinking water quality standards: Pf

(a) Water transport vehicles; Pf or

(b) Water containers. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2308 DISTRIBUTION, DELIVERY, AND RETENTION ─ ALTERNATIVE WATER SUPPLY

2308.1 Water meeting the requirements specified in §§ 2300 through 2306 shall be made available for a mobile facility, for a temporary food establishment without a permanent water supply, and for a food establishment with a temporary interruption of its water supply through:

(a) A supply of containers of commercially bottled drinking water; Pf

(b) One (1) or more closed portable water containers; Pf

(d) An on-premises water storage tank; Pf or

(e) Piping, tubing, or hoses connected to an adjacent approved source. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A24 PLUMBING SYSTEM

25-A DCMR § 2400 MATERIALS ─ APPROVED MATERIALS, USE

2400.1 A plumbing system and hoses conveying water shall be constructed and repaired with approved materials according to the D.C. Plumbing Code (2008) incorporating the International Plumbing Code 2006, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR).

2400.2 A water filter shall be made of safe materials. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2401 DESIGN, CONSTRUCTION, AND INSTALLATION ─ APPROVED SYSTEM AND CLEANABLE FIXTURES

2401.1 A plumbing system shall be designed, constructed, and installed according to the D.C. Plumbing Code (2008) incorporating the International Plumbing Code 2006, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR). P

2401.2 A plumbing fixture such as a handwashing sink, toilet, or urinal shall be easily cleanable. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2402 DESIGN, CONSTRUCTION, AND INSTALLATION ─ HANDWASHING SINK, WATER TEMPERATURE, AND FLOW

2402.1 A handwashing sink shall be equipped to provide water at a temperature of at least thirty-eight degrees Celsius (38o C) (one hundred degrees Fahrenheit (100o F)) through a mixing valve or combination faucet. Pf

2402.2 A steam mixing valve shall not be used at a handwashing sink.

2402.3 A self-closing, slow-closing, or metering faucet shall provide a flow of water for at least fifteen (15) seconds without the need to reactivate the faucet.

2402.4 An automatic handwashing facility shall be installed in accordance with manufacturer’s instructions.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2403 DESIGN, CONSTRUCTION, AND INSTALLATION ─ BACKFLOW PREVENTION, AIR GAP

2403.1 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 twenty-five millimeters (25 mm) or one inch (1 in). P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2404 DESIGN, CONSTRUCTION, AND INSTALLATION ─ BACKFLOW PREVENTION DEVICE, DESIGN STANDARD

2404.1 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. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2405 DESIGN, CONSTRUCTION, AND INSTALLATION ─ CONDITIONING DEVICE, DESIGN

2405.1 A water filter, screen, or 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2406 NUMBERS AND CAPACITIES ─ HANDWASHING SINK

2406.1 Handwashing sinks shall be provided for employees’ use in areas specified in Section 2411 in accordance with the D.C. Plumbing Code (2008) incorporating the International Plumbing Code (2006) or most recent edition, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR). Pf

2406.2 If approved, when food exposure is limited and handwashing sinks are not conveniently available, such as in some mobile or temporary food establishments or at some vending machine locations, employees shall use chemically treated towelettes for handwashing.

2406.3 If approved and capable of removing the types of soils encountered in the food operations involved, automatic handwashing facilities may be substituted for handwashing sinks in a food establishment that has at least one (1) handwashing sink.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2407 NUMBERS AND CAPACITIES ─ TOILETS AND URINALS

2407.1 Toilets shall be provided for employees’ use in accordance with the D.C. Plumbing Code (2008) incorporating the International Plumbing Code 2006, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR). Urinals may be substituted for toilets if the substitution is authorized and conforms to the D.C. Plumbing Code (2008) incorporating the International Plumbing Code 2006, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR). P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2408 NUMBERS AND CAPACITIES ─ SERVICE SINKS

2408.1 At least one (1) service sink or one (1) curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste.

2408.2 Toilets and urinals shall not be used as a service sink for the disposal of mop water and similar liquid waste.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2409 NUMBERS AND CAPACITIES ─ BACKFLOW PREVENTION DEVICE, WHEN REQUIRED

2409.1 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 bibb if a hose is attached or on a hose bibb if a hose is not attached and backflow prevention is required by the D.C. Plumbing Code (2008) incorporating the International Plumbing Code 2006, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR) by:

(a) Providing an air gap as specified in § 2403; P or

(b) Installing an approved backflow prevention device as specified in § 2404.P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2410 NUMBERS AND CAPACITIES ─ BACKFLOW PREVENTION DEVICE, CARBONATOR

2410.1 A dual check valve with an intermediate vent preceded by a screen of not less than one hundred (100) mesh to twenty-five and four millimeters (25.4 mm) one hundred (100) mesh to one inch (1 in.) shall be installed upstream from a carbonating device and downstream from any copper in the water supply line, if not provided with an air gap as specified in § 2403.

2410.2 A dual check valve attached to the carbonator need not be of the vented type if an air gap or vented backflow prevention device has been otherwise provided as specified in § 2410.1.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2411 LOCATION AND PLACEMENT ─ HANDWASHING SINK

2411.1 A handwashing sink shall be located to allow convenient use by employees in food preparation, food dispensing, and warewashing areas, and in, or immediately adjacent to, toilet rooms. Pf

2411.2 All handwashing sinks, including those in toilet rooms shall provide a combination or mixing faucet, or tempered water and a single faucet.

2411.3 The Department shall permit the continued use of handwashing sinks in which the hot and cold water is delivered through separate faucets until such time as these faucets are relocated or replaced.

2411.4 Handwashing sinks located in, or immediately adjacent to the toilet rooms do not meet the requirements for handwashing sinks in operating areas for persons working in any capacity the activities of which include contact with unprotected food for human consumption, or the care and use of food contact surfaces. Pf

2411.5 Any area of food operation in which fresh meat is handled shall have its own handwashing sink, which shall be located not more than twenty feet (20 ft.) or less from where the meat is handled. P Provided, that the Department shall have the discretion to require that this hand washing sink be located closer than twenty feet (20 ft.) from the area where meat is handled.

2411.6 Handwashing sinks which are outside a toilet room, anteroom, or vestibule, and which serve the toilet room shall not be considered as meeting the requirements of this section for handwashing sinks serving the food operation areas.

2411.7 The Department may permit the continuing use of existing handwashing sinks, to meet the requirements of § 2411.6 if the sinks:

(a) Are immediately adjacent to the operational areas they are intended to serve;

(b) Are not available to or used by the public; and

(c) Do not serve more than three (3) persons when the activities of any person involve contact with unprotected food for human consumption or the care and use of food contact surfaces.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2412 LOCATION AND PLACEMENT ─ BACKFLOW PREVENTION DEVICE

2412.1 A backflow prevention device shall be located so that it may be serviced and maintained.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2413 LOCATION AND PLACEMENT ─ CONDITIONING DEVICE

2413.1 A water filter, screen, and other water-conditioning device installed on water lines shall be located to facilitate disassembly for periodic servicing and cleaning.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2414 OPERATION AND MAINTENANCE ─ USING A HANDWASHING SINK

2414.1 A handwashing sink shall be maintained so that it is accessible at all times for employee use. Pf

2414.2 A handwashing sink shall not be used for purposes other than handwashing. Pf

2414.3 An automatic handwashing facility shall be used in accordance with the manufacturer’s instructions. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2415 OPERATION AND MAINTENANCE ─ PROHIBITING A CROSS CONNECTION

2415.1 A person shall not create a cross connection by connecting a pipe or conduit between the drinking water system and a nondrinking water system or a water system of unknown quality. P

2415.2 The piping of a nondrinking water system shall be durably identified so that it is readily distinguishable from piping that carries drinking water. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2416 OPERATION AND MAINTENANCE ─ SCHEDULING INSPECTION AND SERVICE FOR A WATER SYSTEM DEVICE

2416.1 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. Records demonstrating inspection and service shall be maintained by the person in charge. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2417 OPERATION AND MAINTENANCE ─ WATER RESERVOIR OF FOGGING DEVICES, CLEANING

2417.1 A reservoir that is used to supply water to a device such as a produce fogger shall be maintained in accordance with manufacturer's specifications, and cleaned in accordance with manufacturer's specifications or according to the procedures specified in § 2417.2, whichever is more stringent. P

2417.2 Cleaning procedures shall include at least the following steps and shall be conducted at least once a week:

(a) Draining and complete disassembly of the water and aerosol contact parts; P

(b) Brush-cleaning the reservoir, aerosol tubing, and discharge nozzles with a suitable detergent solution; P

(d) Rinsing by immersing, spraying, or swabbing the reservoir, aerosol tubing, and discharge nozzles with at least fifty micrograms per liter (50 mg/L) hypochlorite solution. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2418 OPERATION AND MAINTENANCE ─ SYSTEM MAINTAINED IN GOOD REPAIR

2418.1 A plumbing system shall be:

(a) Repaired according to the D.C. Plumbing Code (2008) incorporating the International Plumbing Code 2006, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR); and

(b) Maintained in good repair.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2419 EXCEPTION TO PLUMBING FACILITIES REQUIREMENTS

2419.1 If a food establishment is indoors and is involved exclusively with previously wrapped, canned, packaged, or bottled food, or with whole nuts, fruits or vegetables that are commonly washed, peeled, shelled, or cooked by the consumer before being eaten, the facilities required in this chapter may be provided at a suitable designated location elsewhere within the same building, if they are readily available.

2419.2 If the food establishment is entirely outdoors but not in a vehicle and is involved exclusively with previously wrapped, canned, packaged, or bottled food, or with whole nuts, fruits, or vegetables that are commonly washed, peeled, shelled, or cooked by the consumer before being eaten, the facilities required in this chapter may be provided at a suitable, designated location, if they are readily available.

2419.3 If the food establishment is a vehicle involved exclusively with previously wrapped, canned, packaged, or bottled food, or with whole nuts, fruits, or vegetables that are commonly washed, peeled, shelled, or cooked by the consumer before being eaten, the facilities required in this chapter need not be provided in the vehicle if they are provided at a suitable, designated location, if they are readily available.

2419.4 If the facilities for the cleansing of a vehicle used as a food establishment and the toilet facilities required by section 3101 are provided at a designated location, the facilities need not be provided within the vehicle.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6300-01 (July 5, 2002).

25-A25 MOBILE WATER TANK AND MOBILE FOOD ESTABLISHMENT WATER TANK

25-A DCMR § 2500 MATERIALS ─ APPROVED MATERIALS, USE

2500.1 Materials that are used in the construction of a mobile water tank, mobile food establishment water tank, and appurtenances shall be safe, durable, corrosion-resistant, nonabsorbent, and finished to have a smooth, easily cleanable surface.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2501 DESIGN AND CONSTRUCTION ─ ENCLOSED SYSTEM, SLOPED TO DRAIN

2501.1 A mobile water tank shall be enclosed from the filling inlet to the discharge outlet and sloped to an outlet that allows complete drainage of the tank.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2502 DESIGN AND CONSTRUCTION ─ ACCESS PORT, PROTECTED AND SECURED

2502.1 If a water tank is designed with an access port for inspection and cleaning, the opening shall be in the top of the tank, flanged upward at least thirteen millimeters (13 mm) or a half inch (1/2 in.) and equipped with a port cover assembly that is provided with a gasket and a device for securing the cover in place and flanged to overlap the opening and sloped to drain.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2503 DESIGN AND CONSTRUCTION ─ "V" TYPE THREADS, USE LIMITATION

2503.1 A fitting with "V" type threads on a water tank inlet or outlet shall be allowed only when a hose is permanently attached.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2504 DESIGN AND CONSTRUCTION ─ TANK VENT, PROTECTED

2504.1 If provided, a water tank vent shall terminate in a downward direction and shall be covered with a sixteen (16) mesh to twenty-five and four tenths millimeters (25.4 mm.) or sixteen (16) mesh to one inch (1 in.) screen or equivalent when the vent is in a protected area or a protective filter when the vent is in an area that is not protected from windblown dirt and debris.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2505 DESIGN AND CONSTRUCTION ─ INLET AND OUTLET, SLOPED TO DRAIN

2505.1 A water tank and its inlet and outlet shall be sloped to drain.

2505.2 A water tank inlet shall be positioned so that it is protected from contaminants such as waste discharge, road dust, oil, or grease.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2506 DESIGN AND CONSTRUCTION ─ DRINKING WATER HOSE, CONSTRUCTION AND IDENTIFICATION

2506.1 A hose used for conveying drinking water from a water tank, shall be safe, durable, corrosion-resistant, nonabsorbent, and shall be:

(a) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition;

(b) Finished with a smooth interior surface; and

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2507 NUMBERS AND CAPACITIES ─ FILTER, COMPRESSED AIR

2507.1 A filter that does not pass oil or oil vapors shall be installed in the air supply line between the compressor and drinking water system when compressed air is used to pressurize the water tank system. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2508 NUMBERS AND CAPACITIES ─ PROTECTIVE COVER OR DEVICE

2508.1 A cap and keeper chain, closed cabinet, closed storage tube, or other approved protective cover or device shall be provided for a water inlet, outlet, and hose.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2509 NUMBERS AND CAPACITIES ─ MOBILE FOOD ESTABLISHMENT TANK INLET

2509.1 A mobile food establishment's water tank inlet shall be nineteen and one tenth millimeters (19.1 mm) or three fourths inch (3/4 in.) in inner diameter or less and provided with a hose connection of a size or type that will prevent its use for any other service.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2510 OPERATION AND MAINTENANCE ─ SYSTEM FLUSHING AND DISINFECTION

2510.1 A water tank, pump, and hoses shall be flushed and sanitized before being placed in service after construction, repair, modification, and periods of nonuse. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2511 OPERATION AND MAINTENANCE ─ USING A PUMP AND HOSES, BACKFLOW PREVENTION

2511.1 A person shall operate a water tank, pump, and hoses so that backflow and other contamination of the water supply are prevented.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2512 OPERATION AND MAINTENANCE ─ PROTECTING INLET, OUTLET, AND HOSE FITTING

2512.1 If not in use, a water tank and hose inlet and outlet fitting shall be protected using a cover or device as specified in § 2508.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2513 OPERATION AND MAINTENANCE ─ TANK, PUMP, AND HOSES, DEDICATION

2513.1 Except as provided in § 2513.2, a water tank, pump, and hoses used for conveying drinking water shall be used for no other purpose. P

2513.2 Water tanks, pumps, and hoses approved for liquid foods may be used for conveying drinking water if they are cleaned and sanitized before they are used to convey water.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A26 SEWAGE, OTHER LIQUID WASTE, AND RAINWATER

25-A DCMR § 2600 MOBILE HOLDING TANK, CAPACITY, AND DRAINAGE

2600.1 A sewage holding tank in a mobile food establishment shall be fifteen percent (15() larger in capacity than the water supply tank and sloped to a drain that is twenty-five millimeters (25 mm) or one inch (1 in.) in inner diameter or greater, equipped with a shut-off valve.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2601 RETENTION, DRAINAGE, AND DELIVERY ─ DRAINAGE SYSTEM

2601.1 Food establishment drainage systems, including grease traps, that convey sewage shall be designed and installed as specified in § 2401.1.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2602 RETENTION, DRAINAGE, AND DELIVERY ─ BACKFLOW PREVENTION

2602.1 Except as specified in §§ 2602.2 through 2602.4, a direct connection shall not exist between the sewage system and a drain originating from equipment in which food, portable equipment, or utensils are placed. P

2602.2 Subsection 2602.1 does not apply to floor drains that originate in refrigerated spaces that are constructed as an integral part of the building.

2602.3 A warewashing machine may have a direct connection between its waste outlet and a floor drain when the machine is located within one and a half meters (1.5 m) or five feet (5 ft.) of a trapped floor drain and the machine outlet is connected to the inlet side of a properly vented floor drain trap in accordance with the D.C. Plumbing Code (2008) incorporating the International Plumbing Code 2006, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR).

2602.4 A warewashing or culinary sink may have a direct connection in accordance with the D.C. Plumbing Code (2008) incorporating the International Plumbing Code 2006, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR).

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2603 RETENTION, DRAINAGE, AND DELIVERY ─ GREASE TRAP

2603.1 A grease trap shall be easily accessible for cleaning.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2604 RETENTION, DRAINAGE, AND DELIVERY ─ CONVEYING SEWAGE

2604.1 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 in accordance with the D.C. Plumbing Code (2008) incorporating the International Plumbing Code 2006, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR). P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2605 RETENTION, DRAINAGE, AND DELIVERY ─ REMOVING MOBILE FOOD ESTABLISHMENT WASTES

2605.1 Removal of sewage and other liquid waste, including grease collections, shall comply with the provisions of this chapter. A copy of the establishment’s professional service contract shall be maintained at all approved waste servicing areas, or at the mobile food establishment by the licensee and the following documents shall be available for inspection: Pf

(a) Name and address of the licensee’s District-licensed sewage and liquid waste transport contractor;

(b) Duration of the contract; and

2605.2 Sewage and other liquid wastes shall be removed from a mobile food establishment at an approved waste servicing area or by a sewage transport vehicle in such a way that a public health hazard or nuisance is not created. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2606 RETENTION, DRAINAGE, AND DELIVERY ─ FLUSHING A WASTE RETENTION TANK

2606.1 A tank for liquid waste retention shall be thoroughly flushed and drained in a sanitary manner during the servicing operation.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2607 DISPOSAL FACILITY ─ APPROVED SYSTEM

2607.1 Sewage shall be disposed through an approved facility that is a public sewage treatment plant or an individual sewage disposal system that is sized, constructed, maintained, and operated according to the D.C. Plumbing Code (2008) incorporating the International Plumbing Code 2006, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR).P

2607.2 Each food establishment served by a sanitary sewer and conducting any activity or activities which generate food wastes shall have and use one (1) or more commercial food waste grinders that are conveniently located near each such activity and which have adequate capacity to dispose of all readily grindable food waste produced. Pf

2607.3 Commercial food waste grinders shall be connected to a drain a minimum of two inches (2 in.) fifty-one millimeters (51 mm) in diameter. Commercial food waste grinders shall be connected and trapped separately from any other fixtures or sink compartments, and shall be provided with a supply of cold water in accordance with the D.C. Plumbing Code (2008) incorporating the International Plumbing Code 2006, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR). P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2608 DISPOSAL FACILITY ─ OTHER LIQUID WASTES AND RAINWATER

2608.1 Condensate drainage and other nonsewage liquids and rainwater shall be drained from point of discharge to disposal according to applicable District laws and regulations.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A27 REFUSE, RECYCLABLES, AND RETURNABLES

25-A DCMR § 2700 FACILITIES ON PREMISES ─ INDOOR STORAGE AREA

2700.1 If located within a food establishment, storage areas for refuse, recyclables, and returnables shall meet the requirements specified in Chapters 28 and 29.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2701 FACILITIES ON PREMISES ─ OUTDOOR STORAGE SURFACE

2701.1 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2702 FACILITIES ON THE PREMISES ─ OUTDOOR ENCLOSURE

2702.1 If used, an outdoor enclosure for refuse, recyclables, and returnables shall be constructed of durable and cleanable materials.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2703 FACILITIES ON PREMISES ─ RECEPTACLES

2703.1 Except as specified in § 2703.2, receptacles and waste handling units for refuse, recyclables, and returnables and for use with materials containing food residue shall be durable, cleanable, insect and rodent resistant, leak proof, and nonabsorbent.

2703.2 Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the food establishment or within closed outside receptacles.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2704 FACILITIES ON PREMISES ─ RECEPTACLES IN VENDING MACHINES

2704.1 Except for a receptacle for beverage bottle crown closures, a refuse receptacle shall not be located within a vending machine.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2705 FACILITIES ON PREMISES ─ OUTSIDE RECEPTACLES

2705.1 Receptacles and waste handling units for refuse, recyclables, and returnables used with materials containing food residue and used outside the food establishment shall be designed and constructed to have tight-fitting lids, doors, or covers.

2705.2 Receptacles and waste handling units for refuse and recyclables such as an on-site compactor shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized, and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2706 NUMBERS AND CAPACITIES ─ STORAGE AREAS, ROOMS, AND RECEPTACLES

2706.1 An inside storage room and area, outside storage area and enclosure, and receptacles shall be of sufficient capacity to hold the refuse, recyclables, and returnables that accumulate.

2706.2 A receptacle shall be provided in each area of the food establishment or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.

2706.3 If disposable towels are used at handwashing sinks, a waste receptacle shall be located at each sink or group of adjacent sinks.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2707 NUMBERS AND CAPACITIES ─ TOILET ROOM RECEPTACLE, COVERED

2707.1 A toilet room used by females shall be provided with a covered receptacle for feminine hygiene products.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2708 NUMBERS AND CAPACITIES ─ CLEANING IMPLEMENTS AND SUPPLIES

2708.1 Except as specified in § 2708.2, suitable cleaning implements and supplies such as high-pressure pumps, hot water, steam, and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.

2708.2 If approved by the Department as specified in § 2708.1, off-premises-based cleaning services may be used if on-premises cleaning implements and supplies are not provided.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2709 LOCATION AND PLACEMENT ─ STORAGE AREAS, REDEEMING MACHINES, RECEPTACLES, AND WASTE HANDLING UNITS

2709.1 An area designated for refuse, recyclables, returnables, and, except as specified in § 2709.2, a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles, and a public health hazard or nuisance is not created.

2709.2 A redeeming machine may be located in the packaged food storage area or consumer area of a food establishment if food, equipment, utensils, linens, and single-service and single-use articles are not subject to contamination from the machines and a public health hazard or nuisance is not created.

2709.3 The location of receptacles and waste handling units for refuse, recyclables, and returnables shall not create a public health hazard or nuisance or interfere with the cleaning of adjacent space.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2710 OPERATION AND MAINTENANCE ─ STORING REFUSE, RECYCLABLES, AND RETURNABLES

2710.1 Refuse, recyclables, and returnables shall be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2711 OPERATION AND MAINTENANCE ─ AREAS, ENCLOSURES, AND RECEPTACLES, GOOD REPAIR

2711.1 Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2712 OPERATION AND MAINTENANCE ─ OUTSIDE STORAGE PROHIBITIONS

2712.1 Except as specified in § 2712.2, refuse receptacles not meeting the requirements specified in § 2703 such as receptacles that are not rodent-resistant, unprotected plastic bags and paper bags, or baled units that contain materials with food residue shall not be stored outside.

2712.2 Cardboard or other packaging material that does not contain food residues and is awaiting regularly scheduled delivery to a recycling or disposal site may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2713 OPERATION AND MAINTENANCE ─ COVERING RECEPTACLES

2713.1 Receptacles and waste handling units for refuse, recyclables, and returnables shall be kept covered inside the food establishment if the receptacles and units contain food residue and are not in continuous use or after the receptacles and units are filled.

2713.2 Receptacles and waste handling units for refuse, recyclables, and returnables shall be kept covered with tight-fitting lids or doors if kept outside the food establishment.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2714 OPERATION AND MAINTENANCE ─ USING DRAIN PLUGS

2714.1 Drains in receptacles and waste handling units for refuse, recyclables, and returnables shall have drain plugs in place.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2715 OPERATION AND MAINTENANCE ─ REFUSE AREAS AND ENCLOSURES

2715.1 A storage area and enclosure for refuse, recyclables, or returnables shall be maintained free of unnecessary items, and kept clean.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2716 OPERATION AND MAINTENANCE ─ CLEANING RECEPTACLES

2716.1 Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and waste water shall be disposed of as specified in §§ 2605 and 2607.

2716.2 Soiled receptacles and waste handling units for refuse, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2717 REMOVAL ─ FREQUENCY

2717.1 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 and rodents.

2717.2 The licensee shall maintain a copy of the establishment’s professional service contract and the following documents shall be available for inspection: Pf

(a) Name and address of its D.C. licensed trash or solid waste contractor;

(b) Duration of the contract; and

2717.3 Trash or solid waste collection shall comply with Chapter 7 of Title 21 of the DCMR.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2718 REMOVAL ─ RECEPTACLES OR VEHICLES

2718.1 Refuse, recyclables, and returnables shall be removed from the premises by way of:

(a) Portable receptacles that comply with this chapter; or

(b) A District-licensed transport vehicle.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2719 FACILITIES FOR DISPOSAL AND RECYCLING COMMUNITY OR INDIVIDUAL FACILITY

2719.1 Except as specified in section 2719.2, solid waste not disposed of through the sewage system such as through grinders and pulpers shall be recycled or disposed of in an approved public or private community recycling or refuse facility.

2719.2 Solid waste may be disposed of in an individual refuse facility such as a landfill or incinerator, which is properly sized, constructed, maintained, and operated.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6309-10 (July 5, 2002).

25-A28 DESIGN, CONSTRUCTION, AND MATERIALS OF PHYSICAL FACILITIES

25-A DCMR § 2800 COMPLIANCE WITH DISTRICT LAWS

2800.1 The Department shall use this Code to promote the safeguarding of public health and ensure that food establishments are safe and in compliance with other District laws and regulations. The most current versions of the following District regulations are hereby incorporated by reference:

(a) The District’s Construction Codes of 2008, consisting of the following International Code Council (ICC):

(1) International Building Code (2006 edition);

(2) International Mechanical Code (2006 edition);

(3) International Plumbing Code (2006 edition);

(4) International Fire Code (2006 edition); and

(5) International Existing Building Code (2006 edition); and

(b) The District’s Construction Code Supplements (2008), Title 12 of the District of Columbia Municipal Regulations (12 DCMR), as amended.

2800.2 In enforcing these regulations, the Department shall assess the physical structure; operating systems; design, operation and maintenance of equipment, and fixtures of existing food establishments in use before the effective date of this Code based on the following considerations:

(a) Whether the facilities, equipment, or fixtures are in good repair and capable of being maintained in a sanitary condition; and

(b) The existence of a documented agreement with the licensee that the facility’s operating systems, or equipment or fixtures will be replaced as specified in § 4310.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2801 DESIGN & CONSTRUCTION ─ BUILDING MATERIALS & WORKMANSHIP

2801.1 The licensee of an existing food establishment shall maintain in good condition the physical integrity of its food establishment by repairing or replacing structural or design defects, operating systems, or fixtures in use before the effective date of this Code in accordance with the District’s Construction Codes of 2008, as specified in § 2800.1.

2801.2 The licensee of a newly constructed, remodeled or renovated food establishment shall ensure that the design, construction, building materials, and workmanship complies with the District’s Construction Codes of 2008, as specified in § 2800.1 and this subtitle.

2801.3 At least thirty (30) days before beginning construction or remodeling of a food establishment, the licensee shall submit construction plans with all schedules, including but not limited to floor plans, elevations, and schematics to the Department for review and approval, as specified in § 4200.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2802 INDOOR AREAS ─ SURFACE CHARACTERISTICS

2802.1 Except as specified in § 2802.2, materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be:

(a) Smooth, durable, and easily cleanable for areas where food establishment operations are conducted;

(b) Closely woven and easily cleanable carpet for carpeted areas; and

(c) Nonabsorbent for areas subject to moisture such as food preparation areas, walk-in refrigerators, warewashing areas, toilet rooms, mobile food establishment servicing areas, and areas subject to flushing or spray cleaning methods.

2802.2 In a temporary food establishment:

(a) If graded to drain, a floor shall be concrete, machine-laid asphalt, or dirt or gravel if it is covered with mats, removable platforms, duckboards, or other approved materials that are effectively treated to control dust and mud; and

(b) Walls and ceilings shall be constructed of a material that protects the interior from the weather and windblown dust and debris.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2803 OUTDOOR AREAS ─ SURFACE CHARACTERISTICS

2803.1 The outdoor walking and driving areas shall be surfaced with concrete, asphalt, or gravel or other materials that have been effectively treated to minimize dust, facilitate maintenance, and prevent muddy conditions.

2803.2 Exterior surfaces of buildings and mobile food establishments shall be of weather-resistant materials, and shall comply with applicable District laws and regulations and the D.C. Plumbing Code (2008) incorporating the International Plumbing Code (2006) or most recent edition, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR). Pf

2803.3 Outdoor storage areas for refuse, recyclables, or returnables shall be constructed of materials specified in §§ 2701 and 2702.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A29 DESIGN, CONSTRUCTION, AND INSTALLATION OF PHYSICAL FACILITIES

25-A DCMR § 2900 CLEANABILITY ─ FLOORS, WALLS, AND CEILINGS

2900.1 Except as specified in § 2903 and except for antislip floor coverings or applications may be used for safety reasons, floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are smooth and easily cleanable.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2901 CLEANABILITY ─ FLOORS, WALLS, CEILINGS, AND UTILITY LINES

2901.1 Utility service lines and pipes shall not be unnecessarily exposed.

2901.2 Exposed utility service lines and pipes shall be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings.

2901.3 Exposed horizontal utility service lines and pipes shall not be installed on the floor.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2902 CLEANABILITY ─ FLOOR AND WALL JUNCTURES, COVED, AND ENCLOSED OR SEALED

2902.1 In food establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than one millimeter (1 mm) or one thirty-second of an inch (1/32 in.).

2902.2 The floors in food establishments in which water flush cleaning methods are used shall be provided with drains and be graded to drain and the floor and wall junctures shall be coved and sealed.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2903 CLEANABILITY ─ FLOOR CARPETING, RESTRICTIONS AND INSTALLATION

2903.1 A floor covering such as carpeting or similar material shall not be installed as a floor covering in food preparation areas, walk-in refrigerators, warewashing areas, toilet room areas where handwashing sinks, toilets, and urinals are located, refuse storage rooms, or other areas where the floor is subject to moisture, flushing, or spray cleaning methods.

2903.2 If carpeting is installed as a floor covering in areas other than those specified in § 2903.1, it shall be:

(a) Securely attached to the floor with a durable mastic, by using a stretch and tack method, or by another similar method; and

(b) Installed tightly against the wall under the coving or installed away from the wall with a space between the carpet and the wall and with the edges of the carpet secured by metal stripping or some other means.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2904 CLEANABILITY ─ FLOOR COVERING, MATS, AND DUCKBOARDS

2904.1 Mats and duckboards shall be designed to be removable and easily cleanable.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2905 CLEANABILITY ─ WALL AND CEILING COVERINGS AND COATINGS

2905.1 Wall and ceiling covering materials shall be attached so that they are easily cleanable.

2905.2 Except in areas used only for dry storage, concrete, porous blocks, or bricks used for indoor wall construction shall be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2906 CLEANABILITY ─ WALLS AND CEILINGS, AND ATTACHMENTS

2906.1 Except as specified in § 2906.2, attachments to walls and ceilings such as light fixtures, mechanical room ventilation system components, vent covers, wall mounted fans, decorative items, and other attachments shall be easily cleanable.

2906.2 In a consumer area, wall and ceiling surfaces and decorative items and attachments that are provided for ambiance need not meet the requirement of § 2906.1 if they are kept clean.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2907 CLEANABILITY ─ WALLS AND CEILINGS, STUDS, JOISTS, AND RAFTERS

2907.1 Except in temporary food establishments, studs, joists, and rafters shall not be exposed in areas subject to moisture.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2908 FUNCTIONALITY ─ LIGHT BULBS, PROTECTIVE SHIELDING

2908.1 Except as specified in § 2908.2, light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food, clean equipment, utensils, linens, or unwrapped single-service and single-use articles.

2908.2 Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages, if:

(a) The integrity of the packages cannot be affected by broken glass falling onto them; and

(b) The packages are capable of being cleaned of debris from broken bulbs before the packages are opened.

2908.3 An infrared or other heat lamp shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2909 FUNCTIONALITY ─ HEATING, VENTILATING, AIR CONDITIONING SYSTEM VENTS, AND TEMPERATURE

2909.1 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2910 FUNCTIONALITY ─ INSECT CONTROL DEVICES, DESIGN, AND INSTALLATION

2910.1 Insect control devices that are used to electrocute or sting flying insects shall be designed to retain the insect within the device.

2910.2 Insect control devices shall be installed so that:

(a) The devices are not located over a food preparation area; and

(b) Dead insects and insect fragments are prevented from being impelled onto or falling on exposed food, clean equipment, utensils, linens, or unwrapped single-service or single-use articles.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2911 FUNCTIONALITY ─ TOILET ROOMS, ENCLOSED

2911.1 Toilet rooms shall not open directly into a room used for the preparation of food for service to the public and shall be provided with a tight-fitting and self-closing door in accordance with the D.C. Plumbing Code (2008) incorporating the International Plumbing Code (2006) or most recent edition, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR). Pf

2911.2 Except as specified in § 2911.1, toilet rooms provided by the management of a shopping mall that are located outside of food establishments and that do not open directly into a food establishment do not have to be completely enclosed, with tight-fitting and self-closing doors.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2912 FUNCTIONALITY ─ OUTER OPENINGS, PROTECTED

2912.1 Except as otherwise specified in §§ 2912.2 through 2912.5, the outer openings of a food establishment shall be protected against the entry of insects and rodents by:

(a) Filling or closing holes and other gaps along floors, walls, and ceilings;

(b) Closed, tight-fitting windows; and

2912.2 Subsection 2912.1 shall not apply if a food establishment opens into a larger structure, such as a mall, airport, or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents.

2912.3 Exterior doors used as exits need not be self-closing if they are:

(a) Solid and tight-fitting;

(b) Designated only for emergency use by the Fire Department; and

(c) Restricted so they are not used for entrance or exit from the building for purposes other than the designated emergency exit use.

2912.4 Except as specified § 2912.2 and § 2912.5, if the windows or doors of a food establishment, or of a larger structure within which a food establishment is located, are kept open for ventilation or other purposes or if a temporary food establishment is not provided with windows and doors as specified in § 2912.1, the openings shall be protected against the entry of insects and rodents by:

(a) Sixteen (16) mesh to twenty-five and four tenths millimeters (25.4 mm) or sixteen (16) mesh to one inch (1 in.) screens;

(b) Properly designed and installed air curtains to control flying insects; or

2912.5 Subsection 2912.4 does not apply if flying insects and other pests are absent due to the location of the establishment, the weather, or other limiting conditions.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2913 FUNCTIONALITY ─ EXTERIOR WALLS AND ROOFS, PROTECTIVE BARRIER

2913.1 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2914 FUNCTIONALITY ─ OUTDOOR FOOD VENDING AREAS, OVERHEAD PROTECTION

2914.1 Except for machines that vend canned beverages, if located outside, a machine used to vend food shall be provided with overhead protection.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2915 FUNCTIONALITY ─ OUTDOOR SERVICING AREAS, OVERHEAD PROTECTION

2915.1 Except for areas used only for the loading of water or the discharge of sewage and other liquid waste, through the use of a closed system of hoses, servicing areas shall be provided with overhead protection.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2916 FUNCTIONALITY ─ OUTDOOR WALKING AND DRIVING SURFACES, GRADED TO DRAIN

2916.1 Exterior walking and driving surfaces shall be graded to drain.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2917 FUNCTIONALITY ─ OUTDOOR REFUSE AREAS, CURBED AND GRADED TO DRAIN

2917.1 Outdoor refuse areas shall be constructed, 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2918 FUNCTIONALITY ─ PRIVATE HOMES AND LIVING OR SLEEPING QUARTERS, USE PROHIBITION

2918.1 A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters shall not be used for conducting food establishment operations.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 2919 FUNCTIONALITY ─ LIVING OR SLEEPING QUARTERS, SEPARATION

2919.1 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.

2919.2 Access to any place designed, intended, or used for human habitation shall not be through a food establishment, but shall be by means of a separate entrance.

2919.3 Access to a food establishment shall be through space available for use by the public and shall not be through any place designed, intended, or used for human habitation.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A30 NUMBERS AND CAPACITIES OF PHYSICAL FACILITIES

25-A DCMR § 3000 HANDWASHING FACILITIES ─ MINIMUM NUMBER

3000.1 Handwashing sinks shall be provided as specified in § 2406.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3001 HANDWASHING FACILITIES ─ HANDWASHING CLEANSER, AVAILABILITY

3001.1 Each handwashing sink or group of two (2) adjacent sinks shall be provided with a supply of hand cleaning liquid, powder, or bar soap. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3002 HANDWASHING FACILITIES ─ HAND DRYING PROVISION

3002.1 Each handwashing sink or group of adjacent sinks shall be provided with:

(a) Individual, disposable towels; Pf

(b) A continuous towel system that supplies the user with a clean towel; Pf

(c) A heated-air hand drying device that is provided in addition to other hand- drying devices at sinks used for food preparation or warewashing areas; Pf or

(d) A hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3003 HANDWASHING FACILITIES ─ HANDWASHING AIDS AND DEVICES, USE RESTRICTIONS

3003.1 A sink used for food preparation or utensil washing, or a service sink or curbed cleaning facility used for the disposal of mop water or similar wastes, shall not be provided with the handwashing aids and devices required for a handwashing sink as specified in §§ 3001, 3002, and 2706.3.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3004 HANDWASHING FACILITIES ─ HANDWASHING SIGNAGE

3004.1 A sign or poster that notifies food employees to wash their hands shall be provided at all handwashing sinks used by food employees and shall be clearly visibly to food employees.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3005 HANDWASHING FACILITIES ─ DISPOSABLE TOWELS, WASTE RECEPTACLE

3005.1 A handwashing sink or group of adjacent sinks that is provided with disposable towels shall be provided with a waste receptacle as specified in § 2706.3.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3006 TOILETS AND URINALS ─ MINIMUM NUMBER

3006.1 Toilets and urinals shall be provided as specified in § 2407.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3007 TOILETS AND URINALS ─ TOILET TISSUE, AVAILABILITY

3007.1 A supply of toilet tissue shall be available at each toilet. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3008 LIGHTING ─ INTENSITY

3008.1 The light intensity shall be:

(a) At least one hundred eight (108) lux or ten (10) foot candles at a distance of seventy-five centimeters (75 cm) or thirty inches (30 in.) above the floor, in walk-in refrigeration units and dry food storage areas and in other areas and rooms during periods of cleaning;

(b) At least two hundred fifteen (215) lux or twenty (20) foot candles:

(1) At a surface where food is provided for consumer self-service, such as buffets and salad bars, or where fresh produce or packaged foods are sold or offered for consumption;

(2) Inside equipment such as reach-in and under-counter refrigerators; and

(3) At a distance of seventy-five centimeters (75 cm) or thirty inches (30 in.) above the floor in areas used for handwashing, warewashing, and equipment and utensil storage, and in toilet rooms; and

(c) At least five hundred forty (540) lux or fifty (50) foot candles at a surface where a food employee is working with food or working with utensils or equipment including knives, slicers, grinders, or saws where employee safety is a factor.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3009 VENTILATION ─ MECHANICAL

3009.1 All rooms shall have sufficient tempered make-up air and exhaust ventilation to keep them free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes.

3009.2 All ventilation systems, furnaces, gas- or oil-fired room heaters, and water heaters shall be designed, installed, and operated in accordance with the D.C. Plumbing Code (2008) incorporating the International Plumbing Code (2006) or most recent edition, as amended by the D.C. Plumbing Code Supplement (Subtitle F of 12 DCMR).

3009.3 Each room in which food or drink is prepared, or in which utensils are washed, shall be provided with facilities for at least eight (8) air changes per hour. Recirculation of air is not permitted.

3009.4 Each room in which food or drink is served shall be provided with facilities for at least five (5) air changes per hour, and not more than fifty percent (50%) recirculation of air shall be permitted.

3009.5 Each cooking unit that creates smoke, steam, gases, fumes, odors, vapors, or excessive heat shall be hooded and vented, or locally vented to the outside air by forced draft, in a manner that effectively removes the conditions; provided, that small burners used intermittently for short periods of time, warming equipment, bread toasters, coffee urns, and radiant cooking units need not be so vented unless one (1) or more of the units creates a nuisance, or the Department determines the heating, ventilation, and air conditioning (HVAC) system does not adequately vent the room as specified in § 3009.3.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3010 DRESSING AREAS AND LOCKERS ─ DESIGNATION

3010.1 Dressing rooms or dressing areas shall be designated if employees routinely change their clothes in the establishment.

3010.2 Lockers or other suitable facilities shall be provided for the orderly storage of employees' clothing and other possessions.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3011 SERVICE SINKS ─ AVAILABILITY

3011.1 A service sink or curbed cleaning facility shall be provided as specified in § 2408.1.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A31 LOCATION AND PLACEMENT OF PHYSICAL FACILITIES

25-A DCMR § 3100 HANDWASHING FACILITIES ─ CONVENIENTLY LOCATED

3100.1 Handwashing sinks shall be conveniently located as specified in § 2411.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3101 TOILET ROOMS, RESTROOMS - CONVENIENCE, ACCESSIBILITY, AND REQUIRED GENDER-NEUTRAL SIGNS

3101.1 Each food establishment shall maintain restrooms consisting of a toilet room or toilet rooms, proper and sufficient water closets, and sinks that are conveniently located and readily accessible to all employees as specified in § 3101.3.

3101.2 All single-occupancy toilet rooms shall display gender-neutral signs on the door that read “Restroom,” or have a universally recognized pictorial indicating that persons of any gender may use each restroom, in accordance with 4 DCMR § 802.2).

3101.3 Food establishments employing:

(a) Five (5) or fewer employees may provide only a single toilet facility with a gender-neutral sign on the door in accordance with 4 DCMR § 802.2; or

(b) More than five (5) employees shall have multiple toilet facilities that are either:

(1) Single-occupancy toilet rooms with a gender-neutral sign on each door as specified in § 3101.2 in accordance with 4 DCMR § 802.2; or

(2) Multiple-stall toilet rooms with gender-specific signs on the doors that read “Men” and “Women” or contain gender-specific, universally recognized pictorials of “Men” and “Women”.

3101.4 Sinks shall be located within the toilet room or within an anteroom or vestibule serving the toilet room.

3101.5 The Department may permit in existing businesses the continuing location of existing sinks outside of, but immediately adjacent to, the toilet room.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3102 EMPLOYEE ACCOMMODATIONS ─ DESIGNATED AREAS

3102.1 Areas designated for employees to eat, drink, and use tobacco shall be located so that food, equipment, linens, and single-service and single-use articles are protected from contamination.

3102.2 Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens, and single-service and single-use articles cannot occur.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3103 DISTRESSED MERCHANDISE ─ SEGREGATION AND LOCATION

3103.1 Products that are held by the licensee for credit, redemption, or return to the distributor, including damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from food, equipment, utensils, linens, and single-service and single-use articles. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3104 REFUSE, RECYCLABLES, AND RETURNABLES ─ RECEPTACLES, WASTE HANDLING UNITS, AND DESIGNATED STORAGE AREAS

3104.1 Units, receptacles, and areas designated for storage of refuse and recyclable and returnable containers shall be located as specified in § 2709.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A32 MAINTENANCE AND OPERATION OF PHYSICAL FACILITIES

25-A DCMR § 3200 PHYSICAL FACILITIES ─ REPAIRING

3200.1 Physical facilities shall be maintained in good repair.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3201 PHYSICAL FACILITIES ─ CLEANING FREQUENCY AND RESTRICTIONS

3201.1 Physical facilities shall be cleaned as often as necessary to keep them clean.

3201.2 Except for cleaning that is necessary due to a spill or other accident, cleaning shall be done during periods when the least amount of food is exposed such as after closing.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3202 PHYSICAL FACILITIES ─ CLEANING FLOORS, DUSTLESS METHODS

3202.1 Except as specified in § 3202.2, only wet cleaning, vacuum cleaning, mopping with treated dust mops, sweeping using a broom and dust-arresting compounds or other dustless methods of cleaning shall be used to clean floors.

3202.2 Spills or drippage on floors that occur between normal floor cleaning times may be cleaned:

(a) Without the use of dust-arresting compounds; and

(b) In the case of liquid spills or drippage, with the use of a small amount of sawdust or diatomaceous earth or other absorbent compound applied immediately before spot cleaning.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3203 PHYSICAL FACILITIES ─ CLEANING VENTILATION SYSTEMS, NUISANCE AND DISCHARGE PROHIBITION

3203.1 Intake and exhaust air ducts shall be cleaned and filters changed so they are not a source of contamination by dust, dirt, and other materials.

3203.2 If vented to the outside, ventilation systems shall not create a public health hazard or nuisance or unlawful discharge.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3204 PHYSICAL FACILITIES ─ CLEANING MAINTENANCE TOOLS, PREVENTING CONTAMINATION

3204.1 Food preparation sinks, handwashing sinks, and warewashing equipment shall not be used to clean maintenance tools, to prepare or hold maintenance materials, or to dispose of mop water or similar liquid wastes. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3205 PHYSICAL FACILITIES ─ DRYING MOPS

3205.1 After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3206 PHYSICAL FACILITIES ─ ABSORBENT MATERIALS ON FLOORS, USE LIMITATION

3206.1 Except as specified in § 3202.2, sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials shall not be used on floors.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3207 PHYSICAL FACILITIES ─ CLEANING PLUMBING FIXTURES

3207.1 Plumbing fixtures such as handwashing sinks, toilets, and urinals shall be cleaned as often as necessary to keep them clean.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3208 PHYSICAL FACILITIES ─ CLOSING TOILET ROOM DOORS

3208.1 Toilet room doors as specified in § 2911 shall be kept closed except during cleaning and maintenance operations.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3209 PHYSICAL FACILITIES ─ USING DRESSING ROOMS AND LOCKERS

3209.1 Employees shall use dressing rooms if they regularly change their clothes in the establishment.

3209.2 Lockers or other suitable facilities shall be used for the orderly storage of employee clothing and other possessions.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3210 PHYSICAL FACILITIES ─ CONTROLLING PESTS

3210.1 The premises shall be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests shall be controlled to minimize their presence on the premises by: Pf

(a) Routinely inspecting incoming shipments of food and supplies; Pf

(b) Routinely inspecting the premises for evidence of pests; Pf

(c) Using methods, if pests are found, such as trapping devices or other means of pest control as specified in §§ 3402, 3410 and 3411; Pf and

(d) Eliminating harborage conditions. Pf

3210.2 The licensee shall maintain a copy of the establishment’s professional service contract and service schedule, and the following documents shall be available for inspection: Pf

(a) Name and address of its District-licensed Pesticide Operator/contractor;

(b) Frequency of pest extermination services provided under the contract; and

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3211 PHYSICAL FACILITIES ─ REMOVING DEAD OR TRAPPED BIRDS, INSECTS, RODENTS, AND OTHER PESTS

3211.1 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.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3212 PHYSICAL FACILITIES ─ STORING MAINTENANCE TOOLS

3212.1 Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall be:

(a) Stored so they do not contaminate food, equipment, utensils, linens, and single-service and single-use articles; and

(b) Stored in an orderly manner that facilitates cleaning the area used for storing the maintenance tools.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3213 PHYSICAL FACILITIES ─ MAINTAINING PREMISES, UNNECESSARY ITEMS AND LITTER

3213.1 The premises shall be free of:

(a) Items that are unnecessary to the operation or maintenance of the establishment such as equipment that is nonfunctional or no longer used; and

(b) Litter.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3214 PHYSICAL FACILITIES ─ PROHIBITING ANIMALS

3214.1 Except as otherwise permitted in §§ 3214.2 and 3214.3, live animals shall not be allowed on the premises of a food establishment. Pf

3214.2 Live animals are permitted in the following situations if the contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles cannot result:

(a) Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems;

(b) Patrol dogs accompanying police or security officers in offices and dining, patio, sales, and storage areas, and sentry dogs running loose in outside fenced areas;

(c) In areas that are not used for food preparation and that are usually open for customers such as dining, patio, and sales areas, service animals that are controlled by a disabled employee or person, if a health or safety hazard will not result from the presence or activities of the service animal;

(d) Pets in the common dining and patios areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if:

(1) Effective partitioning and self-closing doors separate the common dining and patio areas from food storage or food preparation areas;

(2) Condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining and patio areas when pets are present; and

(3) Dining and patio areas, including tables, countertops, and similar surfaces are effectively cleaned before the next meal service; and

(e) In areas that are not used for food preparation, storage, sales, display, or dining in which there are caged animals or animals that are similarly confined, such as in a variety store that sells pets or a tourist park that displays animals.

3214.3 Live or dead fish bait may be stored if contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles cannot result.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A33 CERTIFICATIONS, LABELING AND IDENTIFICATION OF POISONOUS OR TOXIC MATERIALS

25-A DCMR § 3300 DISTRICT CERTIFICATION REQUIREMENTS ─ PESTICIDE OPERATORS AND APPLICATOR

3300.1 All licensees shall ensure that individuals who provide pest extermination services to food establishments as specified in § 3210.2 possess current certification as a District Licensed Pesticide Operator issued by the District’s Department of the Environment, Toxic Substances Division, Pesticide Program. Pf

3300.2 Restricted-use pesticides shall be applied only by a licensed certified commercial applicator or a registered employee working under the direct supervision of a licensed commercial or public applicator in accordance with the District’s Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401, et seq. (2008 Repl.)). Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3301 ORIGINAL CONTAINERS ─ IDENTIFYING INFORMATION, PROMINENCE

3301.1 Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer's label. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3302 WORKING CONTAINERS – COMMON NAME

3302.1 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. Pf

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A34 OPERATIONAL SUPPLIES AND APPLICATIONS OF POISONOUS OR TOXIC MATERIALS

25-A DCMR § 3400 STORAGE ─ SEPARATION

3400.1 Poisonous or toxic materials shall be stored so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:

(a) Separating the poisonous or toxic materials by physically separating or partitioning by a wall or structure; P and

(b) Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles. This paragraph does not apply to equipment and utensil cleaners and sanitizers that are stored in warewashing areas for availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3401 PRESENCE AND USE ─ RESTRICTION

3401.1 Only those poisonous or toxic materials that are required for the operation and maintenance of a food establishment, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, shall be allowed in a food establishment. Pf

3401.2 Subsection 3401.1 does not apply to packaged poisonous or toxic materials that are for retail sale.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3402 PRESENCE AND USE ─ CONDITIONS OF USE

3402.1 Poisonous or toxic materials shall be used according to:

(a) The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401, et seq. (2008 Repl.)), and this Code; Pf

(b) Manufacturer's use directions included in labeling, and, for a pesticide, manufacturer's label instructions that state that use is allowed in a food establishment; P and

3402.2 Poisonous or toxic materials shall be applied so that:

(a) A hazard to employees or other persons is not constituted; P and

(b) Contamination including toxic residues due to drip, drain, fog, splash, or spray on food, equipment, utensils, linens, and single-service and single- use articles is prevented. P For a restricted-use pesticide this is achieved by:

(1) Removing items listed in Paragraph (b); P

(2) Covering items listed in Paragraph (b) with impermeable covers; P

(3) Taking other appropriate preventive actions; P and

(4) Cleaning and sanitizing equipment and utensils after the application. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3403 CONTAINER PROHIBITIONS ─ POISONOUS OR TOXIC MATERIAL CONTAINERS

3403.1 A container previously used to store poisonous or toxic materials shall not be used to store, transport, or dispense food. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3404 CHEMICALS ─ SANITIZERS, CRITERIA

3404.1 Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces shall meet the requirements of 40 C.F.R. § 180.940 – Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions). P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3405 CHEMICALS ─ CHEMICALS FOR WASHING FRUITS AND VEGETABLES, CRITERIA

3405.1 Chemicals used to wash or peel raw, whole fruits and vegetables shall meet the requirements of 21 C.F.R. § 173.315 − Chemicals used in washing or to assist in the peeling of fruits and vegetables. P

3405.2 Ozone as an antimicrobial agent used in the treatment, storage, and processing of fruits and vegetables in a food establishment shall meet the requirements of 21 C.F.R. § 173.368 Ozone.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3406 CHEMICALS ─ BOILER WATER ADDITIVES, CRITERIA

3406.1 Chemicals used as boiler water additives shall meet the requirements of 21 C.F.R. § 173.310 − Boiler water additives. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3407 CHEMICALS ─ DRYING AGENTS, CRITERIA

3407.1 Drying agents used in conjunction with sanitization shall contain only components that are listed as one (1) of the following:

(a) Generally recognized as safe for use in food as specified in 21 C.F.R. part 182 − Substances Generally Recognized as Safe or 21 C.F.R. part 184 − Direct Food Substances Affirmed as Generally Recognized as Safe; P

(b) Generally recognized as safe for the intended use as specified in 21 C.F.R. part 186 − Indirect Food Substances Affirmed as Generally Recognized as Safe; P

(c) Approved for use as a drying agent under a prior sanction specified in 21 C.F.R. part 181 − Prior-Sanctioned Food Ingredients; P

(d) Specifically regulated as an indirect food additive for use as a drying agent as specified in 21 C.F.R. parts 175 through 178; P or

(e) Approved for use as a drying agent under the threshold of regulation process established by 21 C.F.R. § 170.39 − Threshold of regulation for substances used in food-contact articles. P

3407.2 When sanitization is used with chemicals, the approval required in §§ 3407.1(c) or (e) or the regulation as an indirect food additive required in Subsection 3407.1(d) shall be specifically for use with chemical sanitizing solutions. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3408 LUBRICANTS ─ INCIDENTAL FOOD CONTACT, CRITERIA

3408.1 Lubricants shall meet the requirements specified in 21 C.F.R. § 178.3570 − 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. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3409 PESTICIDES ─ RESTRICTED USE PESTICIDES, CRITERIA

3409.1 Restricted use pesticides specified in § 3300.2 shall meet the requirements specified in 40 C.F.R. part 152 subpart I − Classification of Pesticides. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3410 PESTICIDES ─ RODENT BAIT STATIONS

3410.1 Rodent bait shall be contained in a covered, tamper-resistant bait station. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3411 PESTICIDES ─ TRACKING POWDERS, PEST CONTROL AND MONITORING

3411.1 A tracking powder pesticide shall not be used in a food establishment, except as specified in § 3411.2.

3411.2 A nontoxic tracking powder such as talcum or flour may be used in a food establishment if its use does not contaminate food, equipment, utensils, linens, and single-service and single-use articles.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3412 MEDICINES ─ RESTRICTION AND STORAGE

3412.1 Except for medicines that are stored or displayed for retail sale, only those medicines that are necessary for the health of employees shall be allowed in a food establishment. Pf

3412.2 Medicines that are in a food establishment for the employees' use shall be labeled as specified in § 3301 and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3413 MEDICINES ─ REFRIGERATED MEDICINES, STORAGE

3413.1 Medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator shall be:

(a) Stored in a package or container and kept inside a covered, leak proof container that is identified as a container for the storage of medicines; P and

(b) Located so they are inaccessible to children. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3414 FIRST AID SUPPLIES ─ STORAGE

3414.1 First aid supplies that are in a food establishment for the employees' use shall be:

(a) Labeled as specified in § 3301; Pf and

(b) Stored in a kit or a container that is located to prevent the contamination of food, equipment, utensils, and linens, and single-service and single-use articles. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3415 OTHER PERSONAL CARE ITEMS ─ STORAGE

3415.1 Employees shall store their personal care items in separate cabinets or storage lockers specified in § 3010.2, except as specified in §§ 3413 and 3414.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A35 STOCK AND RETAIL SALE OF POISONOUS OR TOXIC MATERIALS

25-A DCMR § 3500 STORAGE AND DISPLAY ─ SEPARATION

3500.1 Poisonous or toxic materials shall be stored and displayed for retail sale so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:

(a) Separating the poisonous or toxic materials by physically separating or partitioning by a wall or structure; P and

(b) Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A37 MOBILE STRUCTURES & TEMPORARY STANDS

25-A DCMR § 3700 LICENSE AND CERTIFICATION REQUIREMENTS ─ PREREQUISITE FOR OPERATION

3700.1 No person shall operate as a food vendor without a license issued by the Mayor in accordance with § 4300.1. P

3700.2 No person shall operate as a food vendor with an expired license. Pf

3700.3 No person shall operate as a food vendor with a suspended license. Pf

3700.4 No person shall operate as a food vendor without a Food Protection Manager Certificate and a Department of Health-issued (DOH-Issued) Certified Food Protection Manager Identification Card in accordance with § 203. P

3700.5 No person shall operate a mobile food unit without a valid Health Inspection Certificate issued by the Department in accordance with § 3706.1. P

3700.6 No person shall possess, prepare or vend any food requiring further processing from its original state aboard a mobile food unit without meeting the requirements of § 3700.4 and § 3701 and this Code. P

3700.7 No person shall operate a depot, commissary or service support facility that services a mobile food unit without a valid license to operate issued by the Mayor in accordance with § 4300.1. P

3700.8 No person shall operate as a food vendor, or operate a depot, commissary, or service support facility that services a mobile food unit with a license that has been suspended for violations of this Code. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3701 PRE-OPERATIONAL ASSESSMENTS ─ TYPES OF FOOD AND FOOD SAFETY ANALYSES

3701.1 No vendor shall possess, prepare, sale, offer for sale, or give away any food requiring further processing from its original state without the submission of a HACCP Plan, Parasite Destruction Letter, or Risk Control Plan depending on the food and process as requested by the Department. P

3701.2 A vendor shall submit to the Department an original and one (1) copy of a “Hazard Analysis Work Sheet” and a “HACCP Plan” on forms provided by the Department. P

3701.3 A vendor shall submit to the Department a written HACCP Plan in accordance with this chapter, Chapter 42, and all applicable provisions of this subtitle, including but not limited to the following analyses: P

(a) An assessment of any hazard in the flow of food;

(b) The identity of any critical control point where food is subject to such hazard;

(d) The establishment of a monitoring system for all critical control points;

(e) The establishment of corrective actions if such standards, procedures, or requirements are breached; and

(f) The establishment of a recordkeeping system to document every hazard, procedure, control point, and corrective action.

3701.4 HACCP Plans shall be reviewed every six (6) months in conjunction with the issuance of a vendor’s Health Inspection Certificate. P

3701.5 Changes shall not be made to a HACCP Plan’s operating procedures, menu, ingredients or other products, and shall not be implemented without the Department’s approval. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3702 ADDITIONAL PREREQUISITE FOR OPERATION ─ PROPANE PERMIT

3702.1 All food vendors who use propane shall: P

(a) Obtain a valid propane permit issued by the Fire Prevention Division of the Fire and Emergency Medical Services Department and post the permit on the vehicle at all times;

(b) Obtain direct written approval from the Fire Marshall of the District of Columbia to use propane cylinders in excess of sixty (60) pounds;

(d) Post “No Smoking – Propane Gas" signs on the vehicle.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3703 ADDITIONAL PREREQUISITE FOR OPERATION ─ HOOD SUPPRESSION SYSTEM, APPROVAL

3703.1 No food vendor shall use a deep fryer or other cooking equipment that requires a hood suppression system, except with the written approval from the Fire Prevention Division District of Columbia Fire and Emergency Medical Services Department. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3704 ADDITIONAL PREREQUISITE FOR OPERATION ─ MOTOR VEHICLE REGISTRATION

3704.1 No food vendor shall operate a mobile food unit without a current motor vehicle registration that is conspicuously displayed on the mobile food unit in accordance with § 3713.1(h). P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3705 APPLICATION PROCEDURE ─ LICENSE, PERIOD FOR SUBMISSION

3705.1 To qualify for a food vending license, an applicant shall: P

(a) Submit an application for a food vending license on a form provided by the Department as set out in the Department's Mobile Food Vending Information Packet at least thirty (30) calendar days before the date planned for opening a food establishment or the expiration date of the current license for an existing facility;

(b) Own a National Science Foundation (NSF) approved or its equivalent mobile food unit that has a valid Motor Vehicle Registration in accordance with §§ 3704.1, and 3713.1(h);

(c) Possess a Food Protection Manager Certificate and a Department-issued Certified Food Protection Manager Identification Card as specified in §§ 200.3, 200.4, 203.2, 203.3, and 3713.1(e) and (f);

(d) Possess a Health Inspection Certificate, required license, and applicable permit as specified in §§ 3713.1(a), (b), and (g);

(e) Possess a Depot Letter (service agreement) with a licensed and inspected depot, commissary, or service support facility that operates in compliance with §§ 3708, 3709, 3710, 3711, and § 3714.1. A copy of the facility’s current license and inspection report shall be presented upon request;

(f) The licensee shall maintain a ledger that includes current information on the name, license number, and address of each food vendor and supplier doing business with the vendor in accordance with § 3714.3; and

(g) Pay the applicable licensing fees.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3706 APPLICATION APPROVAL ─ HEALTH INSPECTION CERTIFICATE, ISSUANCE

3706.1 The Department shall review an application for the issuance of a Health Inspection Certificate. The Department shall make a determination to approve or disapprove the application, including menus, plans, or standards approved or imposed as part of the issuance of the Health Inspection Certificate after conducting a thorough inspection of: P

(a) The mobile food unit, including but not limited to vending stands, carts, roadway vehicles, or other mobile food units in accordance with all applicable provisions of this Code;

(b) The storage facility, including but not limited to depots, commissaries, or service support facilities in accordance with § 4402 and all applicable provisions of this Code;

(d) Records relating to source of food, including but not limited to food purchased, received, or used on the mobile food unit, in accordance with § 4402.1(c);

(e) The preparation and holding procedures for the food; and

(f) A determination that the HACCP Plan will prevent the growth of disease causing organisms or germs.

3706.2 Health Inspection Certificates are valid for six (6) months or until the next inspection, whichever is earlier. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3707 FOOD VENDORS ─ PREOPERATIONAL INSPECTIONS, FREQUENCY

3707.1 The Department shall conduct one (1) or more preoperational inspections to verify that the mobile food unit is constructed and equipped in compliance with this chapter. P

3707.2 The Department shall inspect a mobile food unit once every six (6) months, or more frequently pursuant to complaints. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3708 DEPOT, COMMISSARY, OR SERVICE SUPPORT FACILITY ─ FOOD SUPPLIES, PREPARATION, PROTECTION, AND RESTRICTIONS

3708.1 Food shall be prepared and protected in a depot, commissary, or service support facility in accordance with this Code. P

3708.2 Food shall be obtained from approved sources, shall be in sound condition, and be safe for human consumption. Foods that do not comply with this Code shall not be served to the public. P

3708.3 Packaged foods shall meet the requirements in Chapters 7 and 11.

3708.4 Food, utensils and equipment shall be stored in a manner to avoid contamination.

3708.5 Potentially hazardous foods shall not be: P

(a) Cooled and reheated prior to service; P or

(b) Subjected to hot holding for more than two (2) hours. P

3708.6 All food temperature requirements of this Code shall be met. Hot and cold holding equipment shall be provided to maintain potentially hazardous foods at temperatures required in Chapters 7 through 13. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3709 FOOD VENDORS, DEPOT, COMMISSARY, OR SERVICE SUPPORT FACILITY ─ PERSONAL HEALTH AND HYGIENE

3709.1 Food vendors and food depot, commissary, or service support facilities shall comply with the employee health and hygiene requirements in Chapters 3 and 4. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3710 DEPOT, COMMISSARY, OR SERVICE SUPPORT FACILITY ─ EQUIPMENT AND UTENSILS

3710.1 All equipment and utensils shall be constructed of safe materials and maintained in good repair.

3710.2 All food contact surfaces, counters, sinks, and work surfaces in the establishment shall be smooth, non-absorbent, and easily cleanable.

3710.3 Food-contact surfaces of equipment, tableware, and utensils shall be cleaned and sanitized prior to food preparation for the public and after each use in accordance with this Code.

3710.4 For manual cleaning and sanitizing of cooking equipment, utensils, and tableware, three (3) compartment sinks shall be provided and used, or a two (2) compartment sink may be used when an approved detergent sanitizer is used in accordance with §§ 1601 and 1813.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3711 DEPOT, COMMISSARY, OR SERVICE SUPPORT FACILITY ─ PHYSICAL FACILITIES, CONTROL OF REFUSE AND PESTS, AND PROHIBITION OF ANIMALS

3711.1 Food service preparation and storage areas shall be constructed and maintained to prevent the entry of pests and other vermin in accordance with §§ 3210, 3211, and 3213.P

3711.2 Impervious receptacles shall be provided for storage of garbage and refuse in accordance with Chapter 27. P

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3712 CONDITIONS OF LICENSE RETENTION ─ RESPONSIBILITIES OF THE FOOD VENDOR

3712.1 All food vendors shall comply with § 700 and all applicable provisions of this Code, including but not limited to the following: P

(a) Section 200, Responsibility ─ Assignment & Qualification of Person in Charge; P

(b) Section 201, Knowledge ─ Person in Charge; P

(d) Section 203, Certification and District-Issued ID Requirements ─ Food Protection Manager, Person in Charge;

(e) Section 3706, Department-issued Health Inspection Certificate, including any plans or standards approved or imposed as part of the issuance of the Health Inspection Certificate;

(f) Chapter 3, Food Employee/Applicant Health;

(g) Chapter 4, Personal Cleanliness of Food Employees;

(h) Section 712, Specifications for Receiving ─ Ice; P

(i) Section 807, Preventing Contamination from Ice Used as Exterior Coolant ─ Prohibited as an Ingredient;

(j) Section 809, Preventing Contamination from Equipment and Utensils ─ Food Contact with Equipment and Utensils; P

(k) Section 810, Preventing Contamination from Utensils ─ In-Use Utensils, Between-Use Storage;

(l) Section 812, Preventing Contamination from Wiping Cloths ─ Use Limitation;

(m) Section 816, Preventing Contamination from the Premises ─ Food Storage;

(n) Section 817, Preventing Contamination from the Premises ─ Food Storage, Prohibited Areas;

(o) Section 818, Preventing Contamination from the Premises ─ Vended Potentially Hazardous Food (Time/Temperature Control for Safety Food), Original Container;

(p) Section 819, Preventing Contamination from the Premises ─ Food Preparation;

(q) Section 821, Preventing Contamination by Consumers ─ Condiments, Protection;

(r) Section 906, Reheating ─ For Hot Holding; P

(s) Section 1005, Temperature and Time Control ─ Potentially Hazardous Food (Time/Temperature Control for Safety Food) Hot and Cold Holding; P

(t) Section 1009, Time as a Public Health Control; P

(u) Section 1536, Acceptability ─ Food Equipment, Certification and Classification;

(v) Subsection 4402.1, Access to Premises and Records;

(w) Sections 4302 through 4304, Application Procedure – Form of Submission, Qualifications and Responsibilities of Applicants, and Contents of the Application; and

(x) Chapter 34, Operational Supplies and Applications of Poisonous or Toxic Materials.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3713 CONDITIONS OF RETENTION ─ RESPONSIBILITIES OF THE FOOD VENDOR, DISPLAY OF REQUIRED DOCUMENTS

3713.1 A food vendor shall conspicuously display on the vending vehicle, vending cart, or vending stand, a valid: P

(a) Food Vending Business License;

(b) Vending Site Permit;

(d) Propane permit issued by the Fire Prevention Division of the Fire and Emergency Medical Services Department, for use of propane;

(e) Food Protection Manager Certificate;

(f) Department-Issued Certified Food Protection Manager Identification Card;

(g) Health Inspection Certificate; and

(h) Motor Vehicle Registration.

3713.2 The items enumerated in § 3713.1 shall be considered to be properly displayed when they are firmly attached to the vending vehicle or stand and made clearly visible to the public.

3713.3 A food vendor or employee of a food vendor shall surrender all applicable licenses, permits, and certificates for examination upon demand by any authorized representative of the Department.

3713.4 No person shall alter, mutilate, forge, or illegally display any license, permit, or other certification issued by the Mayor pursuant to this Code.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3714 CONDITIONS OF RETENTION ─ RESPONSIBILITIES OF DEPOT, COMMISSARY OR SERVICE SUPPORT FACILITY

3714.1 A depot, commissary, or service support facility servicing mobile food units with Class A Vending Business Licenses shall provide the following services to a vendor:

(a) Storage of the mobile food unit;

(b) Food preparation;

(d) Proper disposal of trash and food waste.

3714.2 Such a facility shall comply with all applicable provisions of this Code, including but not limited to:

(a) Section 712, Specifications for Receiving ─ Ice; P

(b) Section 817, Preventing Contamination from the Premises ─ Food Storage, Prohibited Areas;

(d) Chapter 34, Operational Supplies and Applications of Poisonous or Toxic Materials.

3714.3 The operator of a depot, commissary or service support facility that services a mobile food unit shall maintain a ledger that includes current information on the name, license number, and address of each food vendor and supplier doing business with the vendor. This ledger shall be made available during regular business hours for inspection by any duly authorized representative of the Department.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A38 RESIDENTIAL KITCHENS IN BED & BREAKFAST OPERATIONS

25-A DCMR § 3800 RESIDENTIAL KITCHENS ─ LICENSE AND CERTIFICATION REQUIREMENTS, CODE APPLICABILITY

3800.1 No person shall operate a residential kitchen in a bed and breakfast operation without a valid license issued by the Mayor in accordance with § 4300.1. P

3800.2 No person shall operate a residential kitchen in a bed and breakfast operation without a Food Protection Manager Certificate and a Department-Issued Certified Food Protection Manager Identification Card in accordance with § 203. P

3800.3 No person shall operate a residential kitchen in a bed and breakfast operation with a license that has been suspended for violations of this Code. P

3800.4 Residential kitchens in bed and breakfast operations where the available guest bedrooms do not exceed (3) and the number of guests served does not exceed nine (9) are exempt from this Code, except that they must inform the consumer by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Department.

3800.5 Residential kitchens in bed and breakfast operations where the available guest bedrooms are between four (4) and ten (10) and the number of guests served does not exceed eighteen (18) shall:

(a) Obtain a food establishment license;

(b) Comply with the requirements of this chapter as well as Chapters 41 through 49;

(c) Be exempt from Chapter 42, “Plan Submission and Approval” and only submit an intended menu with the application for a food establishment license; and

(d) Comply with all other District laws and regulations as to construction and renovations.

3800.6 Residential kitchens in bed and breakfast operations where the available guest bedrooms are ten (10) or more shall comply with all provisions of this Code, and shall obtain a food establishment license.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3801 RESIDENTIAL KITCHENS ─ FOOD SUPPLIES, PREPARATION, PROTECTION, AND RESTRICTIONS

3801.1 Food shall be prepared and protected in bed and breakfast operations in accordance with § 3800.

3801.2 Food shall be obtained from approved sources, shall be in sound condition, and shall be safe for human consumption. Foods that do not comply with this Code shall not be served to the public and shall be discarded.

3801.3 Food intended for public consumption shall either be stored separately or labeled so as to distinguish it from food intended for private use. A separate shelf or portion of a shelf within a refrigerator shall be an acceptable form of separate storage. Packaged foods shall meet the requirements in Chapters 7 and 11.

3801.4 Food, utensils, and equipment shall be stored in a manner to avoid contamination.

3801.5 Potentially hazardous foods shall not be:

(a) Cooled and reheated prior to service;

(b) Subjected to hot holding for more than two (2) hours; or

3801.6 All food temperature requirements of this Code shall be met. Hot and cold holding equipment shall be provided to maintain potentially hazardous foods at temperatures required in Chapters 7 through 13.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3802 RESIDENTIAL KITCHENS ─ PERSONAL HEALTH AND HYGIENE

3802.1 Food employees shall conform to employee health and hygiene requirements in Chapters 3 and 4.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3803 RESIDENTIAL KITCHENS ─ HANDWASHING AND TOILET ROOM FACILITIES

3803.1 A soap dispenser and disposable towels for use in handwashing shall be provided at the kitchen sink. This sink shall not be used for handwashing after toilet use but may be used for food preparation and warewashing provided it is cleaned and sanitized prior to and between uses.

3803.2 A toilet room shall be available for use by food employees. Toilet rooms opening to the kitchen or dining area shall have adequate ventilation. Ventilation may be provided by window(s) or by mechanical means. A soap dispenser and disposable towels shall be provided for handwashing in toilet rooms used by food employees.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3804 RESIDENTIAL KITCHENS ─ EQUIPMENT AND UTENSILS

3804.1 All equipment and utensils shall be constructed of safe materials and maintained in good repair.

3804.2 All food contact surfaces, counters, sinks, and work surfaces in the establishment shall be smooth, non-absorbent, and easily cleanable.

3804.3 Food-contact surfaces of equipment, tableware, and utensils shall be cleaned and sanitized prior to food preparation for the public and after each use in accordance with this Code.

3804.4 For manual cleaning and sanitizing of cooking equipment, utensils and tableware, three (3) compartment sinks shall be provided and used, or a two (2) compartment sink may be used if single service tableware is provided, or when an approved detergent sanitizer is used in accordance with §§ 1601 and 1813.

3804.5 A domestic or home-style dishwasher may be used, provided the following performance criteria are met:

(a) The dishwasher effectively removes physical soil from all surfaces of dishes, equipment, and utensils;

(b) On a daily basis, a maximum registering thermometer or a heat thermal label determines that the dishwasher’s internal temperature meets the requirements as specified in Chapter 18. Records of this testing shall be kept on file for thirty (30) days;

(c) The dishwasher is installed and operated according to manufacturer’s instructions for the highest level of sanitization possible when sanitizing utensils and tableware. A copy of the instructions must be available on the premises at all times;

(d) There is 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; and

(e) Equipment, utensils and tableware shall be air-dried.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3805 RESIDENTIAL KITCHENS ─ PHYSICAL FACILITIES

3805.1 Food service preparation and storage areas shall be constructed and maintained to prevent the entry of pests and other vermin in accordance with Chapter 32.

3805.2 Pets may be present on the premises, but shall be kept out of food preparation and dining areas during food preparation and service to the public.

3805.3 Laundry facilities may be present in the kitchen, but shall not be used during food preparation and service to the public.

3805.4 Cooking facilities in the kitchen shall not be available to guests.

3805.5 Impervious receptacles shall be provided for storage of garbage and refuse in accordance with Chapter 27.

3805.6 Hot and cold water under pressure shall be provided in accordance with Chapter 23.

History

SOURCE: Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).

25-A DCMR § 3806 CONDITIONS OF LICENSE RETENTION ─ RESPONSIBILITIES OF LICENSEES OF RESIDENTIAL KITCHENS IN BED & BREAKFAST OPERATIONS

3806.1 Licensees of residential kitchens in bed & breakfast operations shall comply with § 700 and all applicable provisions of this Code, including but not limited to the following: