ES-2016-001_BOS SR ABRIDGED VERSION.PDF

-Abridged Version for the purpose of setting the BOS Hearing
Report to the Board of Supervisors
Prepared by the Maricopa County Environmental Services Department
Board of Health (BOH)
Meeting Date: October 24, 2016
Board of Supervisors
Hearing Date: February 1, 2017
Case #/Title: ES-2016-001/Mobile Food
Supervisor Districts: All Districts
Applicant: Maricopa County Environmental Services Department
(Department)
Request: Approve proposed revision to Maricopa County Environmental
Health Code (MCEHC) – Chapters I and VIII.
Support/Opposition: The Department has received support from multiple
stakeholders and no opposing comments on the proposed
MCEHC.
One stakeholder attended the August 10, 2016 stakeholder
workshop.
Department
Recommendation: Staff recommends the Board of Supervisors (BOS) approve the
proposed MCEHC.
BOH
Recommendation: Approve per Department recommended language and
proceed on the EROP expedited process.
Executive Summary: The MCEHC submittal improves code readability, updates
permit definitions and revises permit titles for stakeholders to
better understand code requirements. In addition, this proposal
aligns terminology between MCEHC chapters I and VIII, and
expands the mobile food establishment section to increase
opportunities for business owners while ensuring public health
and safety are maintained.
The following mobile food permit title changes are proposed:
Food Peddler to Mobile Food Type I, Pushcart to Mobile Food
Type II and Mobile Food Unit to Mobile Food Type III. Additional
proposed permit title updates include: Itinerant (Temporary) to
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Temporary Food Establishment, Seasonal Food Establishment to
Seasonal Food Establishment/Annual Event Food Establishment,
Food Service Manager to Certified Food Protection Manager,
card to certificate or Limited Use Certificate, and Food Service
Worker to Food Employee or Limited Use Food Employee.
Proposed updates do not increase permit fees. Fee Schedule
text changes for the above permit titles (including permit
durations) are proposed. Fee Schedule deletions for Food
Service Worker Card exam and class, each with a $10.00 fee will
be eliminated. In addition, the Food Peddler 6 month permit,
proposed as the Mobile Food Type I - 6 month fee ($60.00), is
included in the Fee Schedule to agree with MCEHC Chapter
VIII, Section III language that states the 6 month Food Peddler
fee is half the cost of the 1 year permit.
This proposed regulatory change is following the EROP policy
and workflow process.
In accordance with the Maricopa County Resolution,
“Moratorium on Increased Regulatory Burdens”, the County
Manager authorized the Department to proceed with this case
in June 2016.
The Department conducted a stakeholder workshop on August
10, 2016. Then on October 24, 2016 the Department presented
a Staff Report for this case to the Board of Health (BOH) at
which time the BOH approved this case to proceed on the
EROP expedited process for the BOS to adopt the proposed
Department revision.
Presented by: Steven J. Goode, REHS, Director
Attachments: County Manager Memo – (1 Page)
Code Mockup – (34 Pages)
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MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER I
GENERAL PROVISIONS
REGULATION 1. to REGULATION 4.
No Change
REGULATION 5. Fees
a. No permit shall be issued, and no permit is valid, until the permit fee is received by
the Department, except that the operator of a charitable nonprofit establishment
(which operates to provide relief solely for the poor, distressed or under-privileged)
may apply to the Board of Health for a waiver of permit fee. A waiver of fee may be
granted only to the operator of an establishment, which maintains a current 501(c)(3)
tax exempt designation from the Department of the Treasury, Internal Revenue
Service, who demonstrates to the Board of Health that payment of said fee will
cause financial hardship. Board of Health granted fee waivers expire pursuant to the
required permit listing in section c. of this regulation. Application for a permit fee
waiver shall be made using forms provided by the Department.
(1) A waiver of fees associated with the administering and issuance of a food
EMPLOYEE service worker card CERTIFICATE in compliance with
A.R.S. § 41-1080, may be granted to the operator of an establishment,
which maintains a current 501(c)(3) tax exempt designation from the
Department of the Treasury, Internal Revenue Service and must
demonstrate to the Board of Health that payment of said fees will cause
financial hardship.
(2) Or to a current student, enrolled in a K-12 culinary arts school program or
other similar curriculum based programs requiring a food
EMPLOYEE service worker card CERTIFICATE from their students to
be in compliance with this code. The sponsoring school district must
demonstrate to the Board of Health that payment of said fee will cause
financial hardship.
b. Investigation Fees: No Change
c. Plan Review Fees: No Change
d. Fee Schedule: Fees shall be paid according to the following table:
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CHAPTER I
MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE – FEE SCHEDULE
Effective August 1, 2010
ENVIRONMENTAL HEALTH DIVISION
Food Environmental Health Operating
Permit Subtype 1 Year Fee
Permits
Adventure Food Service Class 4 No Change
Bakery Class 2 No Change
Bakery (School) Class 2 No Change
Boarding Home Class 2 No Change
Boarding Home Class 5 No Change
Bottled Water and Beverage Plants Class 2 No Change
Commissary Class 2 $1,020.00
Commissary Class 4 $1,540.00
Damaged Food Class 4 No Change
Daycare Foodservice Class 3 No Change
E&D 0-9 Seating Class 2 No Change
E&D 0-9 Seating Class 3 No Change
E&D 0-9 Seating Class 4 No Change
E&D 0-9 Seating Class 5 No Change
E&D Adult Daycare Class 3 No Change
E&D Assisted Living Class 5 No Change
E&D Hospital Food Service Class 5 No Change
E&D Jail Food Service Class 5 No Change
E&D Nursing Home Class 5 No Change
E&D School Foodservice Class 2 No Change
E&D School Foodservice Class 3 No Change
E&D School Foodservice Class 4 No Change
E&D Senior Food Service Class 3 No Change
E&D Service Kitchen Class 2 No Change
E&D 10+ Seating Class 2 No Change
R 9-25-2013 1-2

Food Environmental Health Operating
Permits Permit Subtype 1 Year Fee
E&D 10+ Seating Class 3 No Change
E&D 10+ Seating Class 4 No Change
E&D 10+ Seating Class 5 No Change
Food Bank Class 2 No Change
Food Catering Class 5 No Change
School Food Catering Class 5 No Change
Food Jobber Class 2 No Change
Food Jobber School Class 2 No Change
Food Peddler Class 2 $120.00
Food Production Class 2 No Change
Food Production Class 4 No Change
Food Production School Class 2 No Change
Food Production School Class 4 No Change
Ice Manufacturing Class 2 No Change
Itinerant (Temporary) $85.00
Itinerant (Temporary) Late Fee Greater of $50 or 5% of permit fee
Application Received <7 Days Prior to Event charged
Meat Market Class 4 No Change
Micro Market Class 1 No Change
Mobile Food Unit Class 4 $610.00
Pushcart Class 3 $240.00
Refrigerated Warehouse/Locker Class 2 No Change
Retail Food Establishment Class 3 No Change
Retail Food Establishment Class 2 No Change
Vending Machines: 1-29 Units Class 2 $220.00
Vending Machines: 30-59 Units Class 2 $220.00
Vending Machines: 60-89 Units Class 2 $220.00
Vending Machines: 90 Or More Units Class 2 $220.00
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Food Environmental Health MOBILE FOOD
ESTABLISHMENT Operating Permits Permit Subtype 1 Year Fee
Food Peddler MOBILE FOOD TYPE I – 1 YEAR Class 2 $120.00
MOBILE FOOD TYPE I – 6 MONTH CLASS 1 $60.00
Pushcart MOBILE FOOD TYPE II – 1 YEAR Class 3 $240.00
Mobile Food Unit TYPE III – 1 YEAR Class 4 $610.00
Seasonal Food Establishment/ANNUAL EVENT FOOD Class 2 $180.00
ESTABLISHMENT
Seasonal Permit Late Fee No Change
Application Received <7 Days Prior to Event
Itinerant (Temporary) FOOD ESTABLISHMENT $85.00
Itinerant (Temporary) FOOD ESTABLISHMENT Late Greater of $50 or 5% of permit fee
Fee charged
Application Received <7 Days Prior to Event
Vending Machines: 1-29 Units Class 2 $220.00
Vending Machines: 30-59 Units Class 2 $220.00
Vending Machines: 60-89 Units Class 2 $220.00
Vending Machines: 90 Or More Units Class 2 $220.00
Commissary Class 2 $1,020.00
Commissary Class 4 $1,540.00
Food Environmental Health Operating
Permit Sub Type
Permits One Time Fee
Variance Mobile Food Establishments $60.00
Bare Hand Contact Exemption $135.00
HACCP Plans $205.00
Variance Eating and Drinking $200.00
Inspection upon Request Eating and Drinking $240.00
New Permit Application Inspection Eating and Drinking $315.00
HACCP Plans $205.00
Variance Eating and Drinking $200.00
Variance Mobile Food Establishments $60.00
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Non-Food Environmental Health Operating
Permit Subtype 1 Year Fee
Permits
Campground $165.00
Jail Complex No Change
Mobile Pet Shop No Change
Pet Shop No Change
Public Accommodations No Change
School Grounds No Change
Campground $165.00
Food Service Licensing Fee
CERTIFIED Food Service PROTECTION Manager Card – Original Card $5.00
LIMITED USE Food EMPLOYEE Service Worker Card CERTIFICATE –
Original Card $5.00
Food Service Worker Card– Exam $10.00 per exam attempt
Food Service Worker Card– Class $10.00 per class attendance
CERTIFIED Food Service PROTECTION Manager and/or Worker - Duplicate Card OR
FOOD EMPLOYEE LIMITED USE CERTIFICATE - DUPLICATE $3.00
Environmental Health Plan Review Subtype Fee
Expedited Plan Review Fee (Requires prior administration approval) Two Times the fee for that Category
Eating and Drinking Establishments 0-9 Seating Capacity No Change
All Other Food Establishments No Change
Micro Market Reference Plan No Change
Mobile Food Establishments No Change
Mobile Pet Groomer/Shop No Change
Environmental Health Plan Review Subtype Fee
Micro Market Permit Processing Fee 20.00
Pushcart MOBILE FOOD TYPE II Plan Review $45.00
Pet Shops No Change
Public Accommodations No Change
Pushcart Plan Review $45.00
School Facilities Food Service No Change
School Facilities Non-Food No Change
Other Minor Review No Change
Micro Market Permit Processing Fee $20.00
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WATER & WASTE MANAGEMENT DIVISION
Water and Waste Management Division Operating Permits No Change
Drinking Water Operating Permits No Change
Solid Waste Operating Permits No Change
Swimming Pool Operating Permits No Change
Wastewater Treatment Operating Permits No Change
Other Operating Permits No Change
Water and Waste Management Division Plan Review No Change
Drinking Water Projects Plan Review No Change
Solid Waste Projects Plan Review No Change
Swimming Pool Projects Plan Review No Change
Wastewater Projects Plan Review No Change
Sanitary Facilities for Infrastructure Plan Review No Change
All Other Water and Waste Management Fees No Change
MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE – CHAPTER I – FEE SCHEDULE
ALL OTHER ENVIRONMENTAL SERVICES CHARGES/FEES
All Other Environmental Services Charges/Fees Charge/Fee
Permit Reinstatement Fee No Change
Copy of Permit No Change
Photocopy No Change
Plan Reproduction No Change
Replacement Mobile Food Permit Plate No Change
Records Delivery No Change
Payment Returned/Declined (e.g. check returned, charge declined, etc.) No Change
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REGULATION 6. to REGULATION 14. No Change
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R 9-25-2013

MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER VIII
FOOD, FOOD PRODUCTS,
FOOD HANDLING ESTABLISHMENTS
SECTION 1
GENERAL PROVISIONS
REGULATION 1. Definitions
(1) to (30) No Change
(31) Food Establishment - as defined in the U.S. Food and Drug Administration 2013
Food Code
(a) “Food Establishment” includes:
(i) The following establishments defined in this Chapter such as:
adventure food service; ANNUAL EVENT FOOD
ESTABLISHMENT; bakery; boarding home; bottled water &
beverage plant; COMMISSARY; damaged food; competition food;
daycare foodservice; eating and drinking; food bank; food catering;
food jobber; food peddler; food production; ice manufacturing;
temporary food establishment; meat establishment; MOBILE
FOOD TYPE I; MOBILE FOOD TYPE II mobile food unit;
MOBILE FOOD TYPE III pushcart; refrigerated
warehouse/locker; retail food establishment; seasonal food
establishment; TEMPORARY FOOD ESTABLISHMENT;
special event food establishment; AND vending machine, and
commissary.
(ii) Demonstration cooking classes that advertise and/or demonstrate
the preparation and/or cooking of food and then offer the food to
the public for consumption at the conclusion of the demonstration.
This also includes kitchenware establishments that demonstrate
and offer samples to customers and food or beverage sampling
offered to the consumer from an open bottle, cup or container.
(iii) As defined in the U.S. Food and Drug Administration 2013 Food
Code.
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(b) “Food Establishment” does not include:
(i) A home cooking school in which food and/or meals are served at a
non-commercial social event, employee conducted function, or
prepared at a home cooking school. No more than one meal per
day shall be served to no more than fifteen students. The students
shall be informed by a statement contained in a published
advertisement, mailed brochure and placard posted at the cooking
school’s registration that the food is prepared in a kitchen that is
not regulated and inspected by the Department or by a local health
authority.
(ii) Demonstration culinary cooking schools and home economics
classes accredited by the appropriate entity such as an educational
institution and all food is prepared and consumed by the student in
training. Food may not be purchased by the school or stored on
premises.
(iii) A school or business that demonstrates the preparation of food but
does not offer samples to the public for consumption.
(iv) A demonstration cooking class in which the public purchases,
prepares and/or cooks and consumes their food.
(v) A “Chef for Hire” at a private residence for a private, non-
advertised event where fees are paid by the responsible party for
this service. Fees cannot be collected from the attendees of the
event.
(vi) As defined in the U.S. Food and Drug Administration 2013 Food
Code.
(32) to (47) No Change
(48) “Mobile Food Establishment” means a food establishment offering for sale or
THAT IS READILY MOVABLE AND IS dispensing food/BEVERAGES for
IMMEDIATE SERVICE AND human consumption from any vehicle or other
temporary LOCATION or itinerant station FACILITY.
For the purpose of this Environmental Health Code, mobile food establishments
are CLASSIFIED defined as follows:
A. “ANNUAL EVENT FOOD ESTABLISHMENT” MEANS A FOOD
ESTABLISHMENT THAT OPERATES IN CONJUNCTION
WITH ONE EVENT THAT OPERATES FOR NOT MORE THAN
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ONE-HUNDRED TWENTY (120) CONSECUTIVE DAYS.
ANNUAL EVENT FOOD ESTABLISHMENT PERMITS ARE
ISSUED FOR ONE (1) YEAR TO VENDORS OPERATING AT
MULTIPLE DEPARTMENT-APPROVED EVENTS.
(c)(B) “Food Peddler” “MOBILE FOOD TYPE I” means a retail food
establishment in operation from a vehicle that is designated to be readily
movable and is limited to the service of THAT DISPENSES commercially
processed, INDIVIDUALLY packaged foods AND/OR NON-
TIME/TEMPERATURE CONTROL FOR SAFETY (NON-TCS)
BEVERAGES. Food peddlers may dispense non-potentially hazardous
drinks (time/temperature control for safety foods) and assemble snow cones
from approved and properly installed equipment.
(b)(C) “Pushcart” “MOBILE FOOD TYPE II” means a FOOD
ESTABLISHMENT vehicle designated to be readily movable that
DISPENSES FOOD THAT REQUIRES LIMITED HANDLING AND
PREPARATION. is limited to the serving of non-potentially hazardous
foods, drinks, or individually commercially packaged potentially hazardous
foods (time/temperature control for safety foods) maintained at proper
temperatures, or limited to the assembling and serving of frankfurters.
Unpackaged non-potentially hazardous food items approved for sale or
dispensed from a pushcart shall be limited to popcorn, nuts, pretzels, and
similar bakery products, shaved ice, snow cones, Italian ice, and non-
potentially hazardous drinks.
(a)(D) “Mobile Food Unit” “MOBILE FOOD TYPE III” means and refers to an
enclosed vehicle-mounted food establishment THAT PREPARES COOKS,
HOLDS AND SERVES FOOD designated to be readily movable from
which food iscomposed, compounded, processed, or prepared and from which
the food is vended, sold or given away.
(e) “Seasonal Food Establishment” means a food establishment that operates in
conjunction with one event that operates for fifteen (15) to one hundredtwenty
(120) consecutive days within any permit year. At the termination of the
event, the seasonal food establishment shall be removed from the premises or
shall cease operation as determined by the Department.
(i) Class 1 – seasonally themed operations in major shopping malls as
approved by the Department.
(ii) Class 2 – seasonal operations such as spring training, state fair, etc.
or as approved by the Department
(d)(F) “Temporary Food Establishment” means an event as defined in Section
1 of this Chapter and as defined in the U.S Food and Drug Administration
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2013 Food Code. A FOOD ESTABLISHMENT THAT OPERATES IN
CONJUNCTION WITH ONE EVENT THAT OPERATES FOR
FOURTEEN (14) DAYS OR LESS.
“Special Event Food Establishment” means a food establishment that operates in
conjunction with one event that operates for not more than fourteen (14) consecutive
days. At the termination of the special event, the special event food establishment shall
be removed from the premises
(49) to (60) No Change
(61) “Retail Food Establishment” means AN any retail establishment THAT SELLS
in the business of selling PRODUCE, pre-packaged food, THAT REQUIRES
TIME/TEMPERATURE CONTROL FOR SAFETY, AND/OR FOOD IN
BULK THAT DOES NOT REQUIRE TIME/TEMPERATURE CONTROL
FOR SAFETY bulk non-potentially hazardous food and/or produce for human
consumption.
(a) Class 2 – AN operation THAT SELLS ONLY PRE-PACKAGED
FOOD THAT REQUIRES TIME/TEMPERATURE CONTROL
FOR SAFETY AND/OR BULK FOOD THAT DOES NOT
REQUIRE TIME/TEMPERATURE CONTROL FOR SAFETY.with
more than 10 linear feet of sales/display space of foodstuffs or pre-
packaged potentially hazardous foods.
(b) Class 3 – AN operation THAT SELLS PRE-PACKAGED FOOD
THAT REQUIRES TIME/TEMPERATURE CONTROL FOR
SAFETY, BULK FOOD THAT DOES NOT REQUIRE
TIME/TEMPERATURE CONTROL FOR SAFETY AND/OR
PRODUCE THAT IS WASHED, PORTIONED, AND/OR
PACKAGED FOR RETAIL SALE.with more than 10 linear feet of
sales/display space of foodstuffs or pre-packaged potentially hazardous
foods, including preparation limited to washing, portioning, and/or
packaging produce.
(62) to (75) No Change
REGULATION 2. to REGULATION 11. No Change
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MARICOPA COUNTY ENVIRONMENTAL HEALTH CODE
CHAPTER VIII
FOOD, FOOD PRODUCTS,
FOOD HANDLING ESTABLISHMENTS
SECTION 3
MOBILE FOOD ESTABLISHMENTS
REGULATION 1. Definitions
a. “Mobile Food Establishment” means a food establishment offering for sale or THAT IS
READILY MOVABLE AND IS dispensing food/BEVERAGES for IMMEDIATE
SERVICE AND human consumption from any vehicle or other temporary LOCATION
or itinerant station FACILITY.
For the purpose of this Environmental Health Code, mobile food establishments are
CLASSIFIED defined as follows:
(1) “ANNUAL EVENT FOOD ESTABLISHMENT” MEANS A FOOD
ESTABLISHMENT THAT OPERATES IN CONJUNCTION WITH ONE
EVENT THAT OPERATES FOR NOT MORE THAN ONE-HUNDRED
TWENTY (120) CONSECUTIVE DAYS. ANNUAL EVENT FOOD
ESTABLISHMENT PERMITS ARE ISSUED FOR ONE (1) YEAR TO
VENDORS OPERATING AT MULTIPLE DEPARTMENT-APPROVED
EVENTS.
(3)(2) “Food Peddler” “MOBILE FOOD TYPE I” means a retail food establishment
in operation from a vehicle that is designated to be readily movable and is limited to
the service of THAT DISPENSES commercially processed, INDIVIDUALLY
packaged foods AND/OR NON-TIME/TEMPERATURE CONTROL FOR
SAFETY (NON-TCS) BEVERAGES. Food peddlers may dispense non-
potentially hazardous drinks (time/temperature control for safety foods) and
assemble snow cones from approved and properly installed equipment.
(2)(3) “Pushcart” “MOBILE FOOD TYPE II” means a FOOD ESTABLISHMENT
vehicle designated to be readily movable that DISPENSES FOOD THAT
REQUIRES LIMITED HANDLING AND PREPARATION. is limited to the
serving of non-potentially hazardous foods, drinks, or individually commercially
packaged potentially hazardous foods (time/temperature control for safety foods)
maintained at proper temperatures, or limited to the assembling and serving of
frankfurters. Unpackaged non-potentially hazardous food items approved for sale or
dispensed from a pushcart shall be limited to popcorn, nuts, pretzels, and similar
8-5

bakery products, shaved ice, snow cones, Italian ice, and non-potentially hazardous
drinks.
(1)(4) “Mobile Food Unit” “MOBILE FOOD TYPE III” means and refers to an
enclosed vehicle-mounted food establishment THAT PREPARES COOKS,
HOLDS AND SERVES FOOD designated to be readily movable from which food
iscomposed, compounded, processed, or prepared and from which the food is vended,
sold or given away.
(5) “Seasonal Food Establishment” means a food establishment that operates in
conjunction with one event that operates for fifteen (15) to one hundredtwenty (120)
consecutive days within any permit year. At the termination of the event, the
seasonal food establishment shall be removed from the premises or shall cease
operation as determined by the Department.
(i) Class 1 – seasonally themed operations in major shopping malls as
approved by the Department.
(ii) Class 2 – seasonal operations such as spring training, state fair, etc. or as
approved by the Department
(4)(6) “Temporary Food Establishment” means an event as defined in Section 1 of this
Chapter and as defined in the U.S Food and Drug Administration 2013 Food Code. A
FOOD ESTABLISHMENT THAT OPERATES IN CONJUNCTION WITH
ONE EVENT THAT OPERATES FOR FOURTEEN (14) DAYS OR LESS.
(1) “Special Event Food Establishment” means a food establishment that operates in
conjunction with one event that operates for not more than fourteen (14) consecutive
days. At the termination of the special event, the special event food establishment
shall be removed from the premises.
b. “Competition Food Event” means any event that operates for not more than fourteen (14)
consecutive days in which the competitors are vying with one another for profit prize, or
position based on one similar type of food prepared by each competitor. Complimentary
samples not to exceed 2 ounces may be given to the general public.
B. “EVENT” MEANS A GATHERING OF PEOPLE FOR COMMERCIAL
AND/OR SOCIAL PURPOSES WHERE FOOD IS SERVED, INCLUDING, BUT
NOT LIMITED TO, A FAIR, FESTIVAL, CIRCUS, EXHIBITION, CARNIVAL,
FOOD OR DRINK TASTING.
C. “TASTING EVENT” MEANS AN EVENT WHERE THERE MAY BE AN
ENTRANCE FEE OR INVITATION THAT ENTITLES THE PATRON TO
FOOD SERVICE. FOOD/BEVERAGE VENDORS SHALL NOT HAVE POINT
OF SALES AT THEIR INDIVIDUAL STATIONS.
D. “COMMISSARY” MEANS A FOOD ESTABLISHMENT THAT ACTS AS A BASE
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OF OPERATION FOR A MOBILE FOOD ESTABLISHMENT, FOOD
VENDING ESTABLISHMENT OR AN ADVENTURE FOOD
ESTABLISHMENT.
(1) CLASS 2 – PROVIDES ONLY PRE-PACKAGED FOOD ITEMS.
(2) CLASS 4 - PROVIDES PRE-PACKAGED FOOD ITEMS AND FACILITIES
FOR FOOD PREPARATION.
REGULATION 2. Compliance
a. Every mobile food establishment shall be operated and maintained in a clean and sanitary
condition in compliance with the appropriate parts of this section and with the specific
provisions in Chapter VIII, Sections 1 and 2. The Department may impose additional
requirements to protect FOR PROTECTION against health hazards related to the
conduct of the mobile food establishments , may prohibit the sale or distribution of some
or all potentially hazardous foods (time/temperature control for safety foods), and when no
health hazard will result, may waive or modify requirements of this section.
b. Mobile food TYPE I PERMITS ARE ISSUED FOR EITHER SIX (6) MONTHS OR
ONE (1) YEAR. unit, pushcart and food peddler permit holders that desire to perform
operations not allowed under their permit, while operating in conjunction with an event,
shall obtain a temporary food establishment, seasonal food establishment, or special event
food establishment permit. Unlike mobile food units and pushcarts, which are offered
only as a one (1) year permit, peddler permits are issued for either six (6) months or one
(1) year. The six (6) month peddler MOBILE FOOD TYPE I permit is half of the one
(1) year peddler permit MOBILE FOOD TYPE I fee listed in the Chapter I Fee Schedule
of this code.
c. At the termination of the event, all temporary food establishment and seasonal food
establishment permits shall expire.
C. ALL TEMPORARY FOOD ESTABLISHMENT AND SEASONAL FOOD
ESTABLISHMENT PERMITS SHALL EXPIRE AT THE TERMINATION OF
THE EVENT.
d. Thirty days prior to the start of an event, the property owner of the event location or
his/her designee is required to complete the Department registration process.
D. THE PROPERTY OWNER OF AN EVENT LOCATION SHALL ONLY ALLOW
FOOD ESTABLISHMENTS TO OPERATE AFTER THEY HAVE OBTAINED
ALL DEPARTMENT REQUIRED PERMITS.
e. The property owner of the event location shall only allow all food service establishments
to operate after having obtained all Department required permits.
f. Promotional activities that do not require a food service permit include:
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(1) Promotional activities in a permitted food establishment as defined in this code.
(2) The promotion of non-potentially hazardous food products as defined in this code.
(3) The cutting of raw fruits and vegetables for display and not intended for human
consumption.
REGULATION 3. Permit Required
A. No person shall operate a mobile food establishment without a valid permit issued by this
Department.
B. The permit shall be maintained at the operating location.
C. A separate permit is required for each establishment.
D. Permits are nontransferable from person-to-person, place-to-place EVENT-TO-
EVENT or vehicle-to-vehicle.
REGULATION 4. Approval of Plans Required
A. No mobile food establishment MOBILE FOOD TYPE II, MOBILE FOOD TYPE
III, OR ANNUAL EVENT FOOD ESTABLISHMENT shall be constructed, nor
shall any major alteration or addition be made thereto, unless detailed plans and
specifications for the establishment have been provided to and approved by the
Department., nor shall any construction, alteration or addition be made except in
accordance with approved plans.
B. ALL CONSTRUCTION, ALTERATIONS, AND ADDITIONS SHALL BE MADE
IN ACCORDANCE WITH APPROVED PLANS.
C. MOBILE FOOD ESTABLISHMENTS THAT HAVE NOT BEEN PERMITTED
WITHIN THE LAST THREE YEARS MAY BE REQUIRED TO SUBMIT
PLANS TO THE DEPARTMENT FOR APPROVAL.
REGULATION 5. General Requirements
b. A. Compressors, auxiliary engines, generators, and similar mechanical units that are not
an integral part of the food preparation or storage equipment shall be installed completely
separate from the food preparation and storage areas and accessible from the exterior for
all mobile food establishments.
a. For all mobile food units, pushcarts and food peddlers, the name of the establishment shall
be plainly indicated on sides and rear of the exterior of the vehicle in letters of contrasting
colors at least three inches high with a minimum of 3/8 inch wide. When more than one
8-8

permit is issued with the same business name to the same permittee, the vehicle number
shall also be plainly indicated with the business name.
c. Only utensils and equipment necessary for the operation and maintenance of a mobile
food establishment may be kept on the vehicle or booth enclosure.
d. Adequate and durable waste containers of easily cleanable construction with self-closing
covers shall be furnished for the use of consumers and the operator for of all mobile food
establishments.
e. B. Mobile food establishments shall operate from an approved commissary or other food
service establishment as required by this Department, and shall report at least daily to such
location for supplies, food storage, vehicle and equipment cleaning, waste disposal, and
service operations.
f. C. Mobile food establishments shall provide a commissary agreement to the Department
upon request, at permit issuance or renewal, and as a part of the documents submitted
during plan review for a new permit. Ice cream trucks/CARTS that only sell or dispense
individually packaged, commercially processed items are exempt from providing a
commissary agreement.
g. D. Mobile food establishments shall provide information about daily operations to the
Department. Information such as location, address and business name, time in and time
out of each stop shall be provided in a format prescribed by the Department. This
information shall only be made available pursuant to the Public Records Act, A.R.S. § 39-
121 et seq. and Maricopa County policy.
h. E. Mobile food establishments serving potentially hazardous foods (time/temperature
control for safety foods) shall maintain a log of visits to the approved commissary or food
service establishment as required by this Department. This log shall be maintained using a
Department approved format and maintained with the establishment at all times. THE
LOGS SHALL BE MAINTAINED FOR A PERIOD OF 30 DAYS AND SHOULD
BE AVAILABLE FOR REVIEW BY THE DEPARTMENT.
i. F. Sanitary toilet facilities for use by employees shall be readily available within 200 feet
of all mobile food establishments that are operated at the same site for more than a one-
hour period.
j. G. Temporary toilet facilities shall not be located within 25 feet of any mobile food
establishment.
n. H. A mobile food establishment shall not be LOCATED constructed within 100 feet of
any petting, riding or holding area for animals unless dust and runoff are controlled.
I WHEN IN TRANSIT, ALL CLOSURES SHALL BE IN PLACE AND ALL FOOD
APPROPRIATELY PROTECTED.
8-9

J ALL WASTE WATER AND GREASE SHALL BE DISPOSED OF IN A
SANITARY MANNER.
k. Mobile food establishments selling or dispensing open food or beverages shall not operate
without hot and cold potable water, hand washing soap, sanitary towels, and an approved
sanitizer that are available for immediate use at all times.
l. Pushcarts shall be limited to one additional ice chest for food products and one additional
sales table for approved, pre-packaged foods and/or condiments.
m. The area within which a mobile food establishment is operating shall be kept clean and
free from litter, garbage, rubble, and debris at all times.
REGULATION 6. ADDITIONAL REQUIREMENTS FOR ANNUAL EVENT FOOD
ESTABLISHMENTS
A. ALL PRODUCE MUST BE PURCHASED COMMERCIALLY PRE-WASHED OR
BE WASHED IN ADVANCE AT A PERMITTED FOOD
ESTABLISHMENT/COMMISSARY.
B. ALL TIME/TEMPERATURE CONTROL FOR SAFETY FOODS SHALL BE
PREPARED ON THE SAME DAY OF SALE OR SERVICE.
TIME/TEMPERATURE CONTROL FOR SAFETY FOODS SHALL NOT BE
HELD OVER FROM A PREVIOUS DAY'S OPERATION UNLESS OTHERWISE
APPROVED BY THE DEPARTMENT.
C. ALL FOOD HELD FOR CONSUMER SELF-SERVICE SHALL BE WRAPPED
OR EFFECTIVELY DISPENSED TO PROTECT FROM CONTAMINATION.
D. FOOD PREPARATION SHALL BE SIMPLIFIED TO REDUCE EXCESSIVE
STEPS WHERE FOOD MAY BECOME CONTAMINATED. EXCESSIVE
STEPS MAY INCLUDE, BUT ARE NOT LIMITED TO, COOKING
OVERNIGHT WITHOUT OVERSIGHT, COOLING, OR CUTTING LARGE
VOLUMES OF FOOD ITEMS. THIS PROHIBITION DOES NOT APPLY TO
FOODS THAT HAVE BEEN PREPARED OR PACKAGED IN PERMANENT
FOOD ESTABLISHMENTS OR COMMISSARIES MEETING THE
REQUIREMENTS OF THIS CODE.
E. ALL ANNUAL EVENT FOOD ESTABLISHMENTS OPERATING AT AN
EVENT GREATER THAN 14 DAYS IN DURATION SHALL OPERATE IN
CONJUNCTION WITH AN ONSITE COMMISSARY OR FIXED FOOD
ESTABLISHMENT, UNLESS ALTERNATE DEPARTMENT APPROVAL IS
OBTAINED IN ADVANCE.
F. WHEN OPERATING AT FARMERS MARKETS, SWAP MEETS AND
RECURRING SCHOOL FUNCTIONS THE FOLLOWING ADDITIONAL
8-10

REQUIREMENTS SHALL BE MET:
(1) THE EVENT MUST HAVE A DESIGNATED RESPONSIBLE
PERSON/COORDINATOR.
(2) FOOD SERVICE WILL GENERALLY BE LIMITED ONLY TO
ASSEMBLE-SERVE, HEAT-SERVE, COOK-SERVE, AND/OR HOLD-
SERVE. APPROVAL FOR LIMITED ON-SITE FOOD ASSEMBLY MAY
BE GRANTED BY THE DEPARTMENT FOLLOWING APPLICATION
REVIEW. ALL FOOD PREPARATION (BREADING, CHOPPING,
MIXING, MARINATING, ETC.) MUST BE ACCOMPLISHED AT THE
FOOD SERVICE ESTABLISHMENT OR COMMISSARY.
G. A SELF-CONTAINED HAND WASHING SINK THAT INCLUDES A
MINIMUM 5 GALLON POTABLE WATER TANK, A 9X9X5” HAND WASHING
SINK, A MINIMUM FLOW RATE OF HOT AND COLD WATER TO THE SINK
BASIN OF ONE-HALF (1/2) GALLON PER MINUTE, AND 15% GREATER
CAPACITY WASTE TANK SHALL BE INSTALLED.
H. APPROVED WARE WASHING FACILITIES SHALL BE PROVIDED FOR ALL
OPERATIONS WHERE MULTI-USE UTENSILS ARE REQUIRED.
I. SUFFICIENT POTABLE WATER SHALL BE AVAILABLE AT THE
ESTABLISHMENT FOR FOOD PREPARATION, CLEANING AND
SANITIZING UTENSILS AND EQUIPMENT AND FOR HANDWASHING. A
HEATING FACILITY CAPABLE OF PRODUCING ENOUGH HOT WATER
FOR THESE PURPOSES SHALL BE PROVIDED ON THE PREMISES.
J. BOOTH CONSTRUCTION SHALL INCLUDE A CEILING AND THREE
WALLS (TWO SIDES AND REAR). WALLS AND CEILINGS SHALL BE MADE
OF WOOD, CANVASS OR OTHER MATERIAL THAT PROTECTS THE
INTERIOR OF THE ESTABLISHMENT FROM THE WEATHER AND THAT
PREVENTS THE ENTRANCE OF INSECTS. SCREENING MATERIAL MAY
BE USED FOR WALL CONSTRUCTION AND SHALL BE AT LEAST 16 MESH
TO THE INCH. WHEN SCREENING MATERIAL IS USED, ADDITIONAL
WALL COVERING MUST BE MAINTAINED ON-SITE IN CASE OF
INCLEMENT WEATHER.
K. FLOOR SHALL BE CONSTRUCTED OF CONCRETE, MACHINE-LAID
ASPHALT, DIRT OR GRAVEL IF IT IS COVERED WITH MATS, REMOVABLE
PLATFORMS, DUCKBOARDS, OR OTHER SUITABLE APPROVED
MATERIALS THAT ARE EFFECTIVELY TREATED TO CONTROL DUST OR
MUD.
L. THE ANNUAL EVENT FOOD ESTABLISHMENT ANNUAL PERMIT FEE IS
THE SAME AS THE “SEASONAL FOOD ESTABLISHMENT” PERMIT FEE,
AS LISTED IN THE CHAPTER I FEE SCHEDULE OF THIS CODE.
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REGULATION 7 6. Interior Fixtures of Mobile Food Units and Pushcarts
ADDITIONAL REQUIREMENTS FOR MOBILE FOOD TYPE I
FOOD ESTABLISHMENTS
A. PERMITS SHALL BE ISSUED TO THE VEHICLE/RECEPTACLE THAT IS
USED TO TRANSPORT ALL FOOD AND BEVERAGE.
B. THE VEHICLES/RECEPTACLES CARRYING FOOD/BEVERAGE
PRODUCTS SHALL BE CONSTRUCTED, EQUIPPED AND MAINTAINED AS
TO PROTECT THE PURITY AND WHOLESOMENESS OF THE
TRANSPORTED PRODUCTS.
C. THE NAME OF THE ESTABLISHMENT SHALL BE PLAINLY INDICATED
ON SIDES AND REAR OF THE EXTERIOR OF THE VEHICLE IN LETTERS
OF CONTRASTING COLORS AT LEAST THREE INCHES HIGH WITH A
MINIMUM OF 3/8 INCH WIDE. WHEN MORE THAN ONE PERMIT IS
ISSUED WITH THE SAME BUSINESS NAME TO THE SAME PERMITTEE,
THE VEHICLE NUMBER SHALL ALSO BE PLAINLY INDICATED WITH
THE BUSINESS NAME.
D. IF OPERATING AWAY FROM THE PERMITTED VEHICLE/RECEPTACLE,
THE FOLLOWING REQUIREMENTS SHALL BE MET:
(1) A PERMANENT SIGN SHALL BE PROVIDED INDICATING THE
BUSINESS NAME IN LETTERS AT LEAST 6 INCHES HIGH AND 1
INCH WIDE. THE SIGN SHALL BE VISIBLE TO THE CONSUMER
AND SHALL BE IN ADDITION TO THE SIGNS USED ON THE
VEHICLE.
(2) THE ORIGINAL PERMIT CARD SHALL BE PRESENT AT THE STAND
OR BOOTH.
(3) AN APPROVED HAND WASHING STATION SHALL BE PRESENT AT
THE STAND OR BOOTH, IF SELLING OR DISPENSING ANY OPEN
FOOD OR BEVERAGE ITEMS.
(4) THE PERMITTED VEHICLE/RECEPTACLE SHALL BE LOCATED ON
THE PREMISES.
E. ALL PACKAGED FROZEN FOODS SHALL BE MAINTAINED FROZEN AND
SOLD OR OFFERED FOR SALE TO CONSUMERS FROZEN.
F. NO COOKING, PREPARATION OR ASSEMBLY OF FOODS IS ALLOWED.
G. SAMPLING MAY BE CONDUCTED PROVIDED THE FOLLOWING
REQUIREMENTS ARE MET:
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(1) THE DEPARTMENT SHALL APPROVE, IN WRITING, THE
PROCEDURES USED BY ANY MOBILE FOOD ESTABLISHMENT FOR
PROVIDING SAMPLES TO THE CONSUMER.
(2) FOOD SAMPLING IS LIMITED TO THOSE FOOD AND BEVERAGES
THAT REQUIRE LIMITED PREPARATION. NO COOKING OR
EXTENSIVE PREPARATION IS ALLOWED.
(3) ONLY LIMITED QUANTITIES OF SAMPLED PRODUCT MAY BE
READY FOR SAMPLING AT ANY GIVEN TIME.
(4) ALL FOOD PRODUCTS THAT HAVE NOT BEEN SAMPLED AT THE
END OF THE BUSINESS DAY SHALL BE DISCARDED.
(5) EACH SAMPLE SHALL BE PREPARED BY THE OPERATOR AND
HANDED TO THE CUSTOMER, OR THE SAMPLES SHALL BE
PLACED IN SINGLE SERVICE CONTAINERS FOR SELF SERVICE.
THE OPERATOR SHALL TAKE MEASURES TO PREVENT
CONTAMINATION OF THE FOOD. BULK DISPENSING IS
PROHIBITED FOR SAMPLING.
(6) ONLY SINGLE SERVICE UTENSILS AND CONTAINERS SHALL BE
USED FOR PREPARING SAMPLES. SINGLE SERVICE ITEMS SHALL
NOT BE REUSED.
(7) A READILY ACCESSIBLE LINED WASTE CONTAINER FOR THE
DISPOSAL OF USED SINGLE SERVICE ITEMS AND OTHER WASTE
PRODUCTS SHALL BE PROVIDED.
(8) HAND WASHING FACILITIES SHALL BE SETUP AT ALL TIMES
WHEN ANY OPEN FOOD OR BEVERAGE PRODUCT IS HANDLED,
SERVED OR SAMPLED.
(9) HAND WASHING FACILITIES SHALL INCLUDE THE FOLLOWING AT
A MINIMUM: 5 GALLON INSULATED CONTAINER WITH A
FREE/CONTINUOUS FLOWING SPIGOT FOR POTABLE WATER;
WATER AT A TEMPERATURE OF AT LEAST 38°C (100°F), 5.75 GALLON
CONTAINER TO HOLD WASTE WATER, SOAP, AND PAPER TOWELS.
(10) ALL WASTE WATER SHALL BE DISPOSED OF IN A SANITARY
MANNER.
a. Food service openings for mobile food units shall be:
(1) Limited to 216 square inches (such as 12 inches x 18 inches) each and equipped
with a screen (16 mesh per square inch minimum) or solid door which shall be
kept closed when not in use.
8-13

(2) Multiple service openings shall be at least 18 inches apart.
b. The cab or driving portion of the vehicle for a mobile food unit shall be separated from
the food preparation and serving area of the vehicle by a permanent solid wall partition.
c. Doors to the food preparation and serving area shall be effectively self-closing and kept
closed for mobile food units.
d. A three-compartment sink equipped with an integral metal drain board shall be
permanently installed in all mobile food units. Each compartment shall be at least 12
inches wide, 12 inches long and 10 inches deep or 10 inches wide, 14 inches long and 10
inches deep and each drain board shall be at least 144 square inches. A metal shelf may
be used in lieu of one drain board when approved by the Department
e. A handwashing lavatory at least 9 inches wide, 9 inches long and 5 inches deep shall be
permanently installed on all mobile food units and pushcarts.
f. Interior walls and ceilings of a mobile food unit shall be light in color.
REGULATION 8 7. Food Protection ADDITIONAL REQUIREMENTS FOR MOBILE
FOOD TYPE II FOOD ESTABLISHMENTS
A. LIMITED HANDLING AND PREPARATION INCLUDES ASSEMBLE-SERVE,
HEAT-SERVE, AND/OR HOLD-SERVE OF COMMERCIALLY PROCESSED
FOOD/BEVERAGE ITEMS. NO RAW ANIMAL FOOD SHALL BE PREPARED
FOR SERVICE FROM THE CART WITHOUT A FOOD PRODUCTION
PERMIT OR EQUIVALENT.
B. ALL PRODUCE MUST BE PURCHASED COMMERCIALLY PRE-WASHED OR
BE WASHED IN ADVANCE AT A PERMITTED FOOD
ESTABLISHMENT/COMMISSARY.
C. ALL TIME/TEMPERATURE CONTROL FOR SAFETY FOODS SHALL BE
PREPARED ON THE SAME DAY OF SALE OR SERVICE.
TIME/TEMPERATURE CONTROL FOR SAFETY FOODS SHALL NOT BE
HELD OVER FROM A PREVIOUS DAY'S OPERATION UNLESS OTHERWISE
APPROVED BY THE DEPARTMENT.
D. ALL FOOD HELD FOR CONSUMER SELF-SERVICE SHALL BE WRAPPED
OR EFFECTIVELY DISPENSED TO PROTECT FROM CONTAMINATION.
E. THE NAME OF THE ESTABLISHMENT SHALL BE PLAINLY INDICATED
ON SIDES AND REAR OF THE EXTERIOR OF THE VEHICLE IN LETTERS
OF CONTRASTING COLORS AT LEAST THREE INCHES HIGH WITH A
MINIMUM OF 3/8 INCH WIDE. WHEN MORE THAN ONE PERMIT IS
ISSUED WITH THE SAME BUSINESS NAME TO THE SAME PERMITTEE,
8-14

THE VEHICLE NUMBER SHALL ALSO BE PLAINLY INDICATED WITH
THE BUSINESS NAME.
F. THE MAIN FOOD EQUIPMENT AND HAND WASH SINK REQUIRED FOR
THE OPERATION OF MOBILE FOOD TYPE II FOOD ESTABLISHMENTS
SHALL BE AFFIXED TOGETHER SO AS TO BE A SINGLE CONTIGUOUS
MOBILE UNIT.
G. IF AN ENCLOSED VEHICLE IS UTILIZED, THE FOLLOWING
REQUIREMENTS SHALL BE MET:
(1) THE CAB OR DRIVING PORTION OF THE VEHICLE SHALL BE
SEPARATED FROM THE FOOD PREPARATION AND SERVING AREA
OF THE VEHICLE BY A PERMANENT SOLID WALL PARTITION
(2) INTERIOR WALLS AND CEILINGS SHALL BE LIGHT IN COLOR.
(3) DOORS TO THE FOOD PREPARATION AND SERVING AREA SHALL
BE EFFECTIVELY SELF-CLOSING AND KEPT CLOSED.
H. A PERMANENTLY INSTALLED SELF-CONTAINED HAND WASHING SINK
THAT INCLUDES A MINIMUM 5 GALLON POTABLE WATER TANK, A
9X9X5” HAND WASHING SINK, A MINIMUM FLOW RATE OF HOT AND
COLD WATER TO THE SINK BASIN OF ONE-HALF (1/2) GALLON PER
MINUTE, AND 15% GREATER CAPACITY WASTE TANK SHALL BE
INSTALLED.
I. A 3-COMPARTMENT SINK FOR THE PURPOSE OF WASHING AND
SANITATION MAY BE INSTALLED PROVIDED THE FOLLOWING
REQUIREMENTS ARE MET:
(1) A POTABLE WATER SYSTEM UNDER PRESSURE, SUPPLYING HOT
AND COLD WATER, WITH A MINIMUM CAPACITY OF 30 GALLONS
SHALL BE PERMANENTLY INSTALLED FOR UTENSIL WASHING
AND SANITIZATION, AND HANDWASHING.
(2) A MINIMUM FLOW RATE OF ONE-HALF (1/2) GALLON PER MINUTE
SHALL BE PROVIDED.
(3) WATER AT A TEMPERATURE OF AT LEAST 38°C (100°F) SHALL BE
PROVIDED THROUGH A MIXING FAUCET.
(4) EACH COMPARTMENT OF THE SINK SHALL HAVE A CAPACITY OF 6
GALLONS.
(5) TWO-INTEGRAL METAL DRAIN BOARDS SHALL BE PERMANENTLY
AFFIXED THAT ARE THE SAME DEPTH AS THE 3-COMPARTMENT
SINK AND 144 SQUARE INCHES.
8-15

J. THE WATER TANK INLET SHALL BE:
(1) 9.1 MM (THREE-FOURTHS INCH) IN INNER DIAMETER OR LESS;
AND
(2) PROVIDED WITH A HOSE CONNECTION OF A SIZE OR TYPE THAT
WILL PREVENT ITS USE FOR ANY OTHER SERVICE.
K. A SEWAGE HOLDING TANK SHALL BE:
(1) SIZED 15 PERCENT LARGER IN CAPACITY THAN THE WATER
SUPPLY TANK; AND
(2) SLOPED TO A DRAIN THAT IS 25 MM (1 INCH) IN INNER DIAMETER
OR GREATER, EQUIPPED WITH A SHUT-OFF VALVE.
L. CONNECTIONS TO WATER OR WASTE WATER SYSTEMS ARE NOT
APPROVED EXCEPT DURING SERVICING OPERATIONS AT A
COMMISSARY OR AS APPROVED BY THE DEPARTMENT.
M. ALL WATER TANKS, PUMPS AND HOSES SHALL BE FLUSHED AND
SANITIZED BEFORE BEING PLACED IN SERVICE AFTER
CONSTRUCTION, REPAIR, MODIFICATION, AND PERIODS OF NONUSE
LONGER THAN 7 DAYS. POTABLE WATER TANKS SHALL BE FLUSHED
AND SANITIZED MONTHLY.
N. WASTEWATER HOLDING TANKS SHALL BE EMPTIED INTO AN
APPROVED SEWAGE DISPOSAL SYSTEM.
O. AN APPROVED FOOD GRADE POTABLE WATER HOSE SHALL BE
AVAILABLE FOR THE SOLE PURPOSE OF FILLING THE FRESH WATER
TANK.
a. Time only as a public health control, as explained in Chapter VIII, Section 2, shall not be
used for mobile food establishments.
b. Food preparation in mobile food establishments shall be simplified to reduce excessive
steps where food may become contaminated. Only minimum food preparations shall be
approved. This prohibition does not apply to foods that have been prepared or packaged in
facilities meeting the requirements of this code.
c. When a mobile food establishment is in transit, all closures shall be in place and all food
appropriately protected.
d. With the exception of instant tea, all tea must be brewed with boiling water in all mobile
food establishments.
8-16

e. The Department shall approve, in writing, the procedures used by any mobile food
establishment for providing samples of food to the consumer.
f. Outdoor cooking, processing, composing, compounding, preparing, grilling, storage, or
service of any food or beverage is prohibited from mobile food units.
g. All food held for consumer self-service shall be wrapped or effectively dispensed to
protect from contamination.
h. All packaged foods shall be labeled in accordance with 21 CFR 101.
i. All potentially hazardous foods (time/temperature control for safety foods) prepared at or
sold from a mobile food establishment shall be prepared on the same day of sale or
service. Potentially hazardous food (time/temperature control for safety foods) shall not
be held over from a previous day's operation unless otherwise approved by the
Department.
j Mobile food establishments shall not prepare or offer for sale any type of potentially
hazardous food (time/temperature control for safety foods) that is raw or raw-marinated
without proper consumer notification as identified in Chapter VIII, Section 2.
k. Ice that is consumed or that contacts food shall be manufactured inside an approved
permitted food service establishment using potable water. Ice machines certified by the
national automatic merchandising association may be located outside if approved by the
Department.
l. Ice that is consumed or that contacts food shall only come into contact with clean single
service containers or multiuse equipment that has been cleaned and sanitized as defined
in Section 2 of this Chapter.
m. Potentially hazardous food items sold as condiments from a pushcart are required to be
stored on the pushcart at proper temperatures. The amount of potentially hazardous food
condiments are limited to sufficient storage space on the pushcart.
n. The service of all food items, excluding prepackaged non-potentially hazardous food
items, must be conducted from the pushcart unit.
o. Bacon wrapped hotdogs must be commercially precooked or cooked at the assigned
commissary prior to sales from a pushcart.
REGULATION 9 8. Water and Wastewater ADDITIONAL REQUIREMENTS FOR
MOBILE FOOD TYPE III FOOD ESTABLISHMENTS
A. ALL PRODUCE MUST BE PURCHASED COMMERCIALLY PRE-WASHED OR
BE WASHED IN ADVANCE AT A PERMITTED FOOD
ESTABLISHMENT/COMMISSARY. PRODUCE MAY NOT BE WASHED ON
THE MOBILE FOOD ESTABLISHMENT UNLESS AN APPROVED PREP
SINK HAS BEEN INSTALLED.
8-17

B. ALL TIME/TEMPERATURE CONTROL FOR SAFETY FOODS SHALL BE
PREPARED ON THE SAME DAY OF SALE OR SERVICE.
TIME/TEMPERATURE CONTROL FOR SAFETY FOODS SHALL NOT BE
HELD OVER FROM A PREVIOUS DAY'S OPERATION UNLESS OTHERWISE
APPROVED BY THE DEPARTMENT.
C. ALL FOOD HELD FOR CONSUMER SELF-SERVICE SHALL BE WRAPPED
OR EFFECTIVELY DISPENSED TO PROTECT FROM CONTAMINATION.
D. FOOD PREPARATION SHALL BE SIMPLIFIED TO REDUCE EXCESSIVE
STEPS WHERE FOOD MAY BECOME CONTAMINATED. EXCESSIVE
STEPS MAY INCLUDE, BUT ARE NOT LIMITED TO, COOKING
OVERNIGHT WITHOUT OVERSIGHT, COOLING, OR CUTTING LARGE
VOLUMES OF FOOD ITEMS. THIS PROHIBITION DOES NOT APPLY TO
FOODS THAT HAVE BEEN PREPARED OR PACKAGED IN PERMANENT
FOOD ESTABLISHMENTS OR COMMISSARIES MEETING THE
REQUIREMENTS OF THIS CODE.
E. ALL COOKING, PROCESSING, PREPARING, GRILLING, ASSEMBLY,
STORAGE, AND SERVICE OF ANY FOOD OR BEVERAGE SHALL BE
CONDUCTED INSIDE THE PERMITTED VEHICLE.
F. THE NAME OF THE ESTABLISHMENT SHALL BE PLAINLY INDICATED
ON SIDES AND REAR OF THE EXTERIOR OF THE VEHICLE IN LETTERS
OF CONTRASTING COLORS AT LEAST THREE INCHES HIGH WITH A
MINIMUM OF 3/8 INCH WIDE. WHEN MORE THAN ONE PERMIT IS
ISSUED WITH THE SAME BUSINESS NAME TO THE SAME PERMITTEE,
THE VEHICLE NUMBER SHALL ALSO BE PLAINLY INDICATED WITH
THE BUSINESS NAME.
G. ALL OPENINGS SHALL MEET THE FOLLOWING REQUIREMENTS:
(1) OPENINGS SHALL BE LIMITED TO 324 SQUARE INCHES EACH AND
EQUIPPED WITH A SCREEN (16 MESH PER SQUARE INCH
MINIMUM) OR SOLID DOOR WHICH SHALL BE KEPT CLOSED
WHEN NOT IN USE.
(2) MULTIPLE OPENINGS SHALL BE AT LEAST 18 INCHES APART.
H. THE CAB OR DRIVING PORTION OF THE VEHICLE SHALL BE
SEPARATED FROM THE FOOD PREPARATION AND SERVING AREA OF
THE VEHICLE BY A PERMANENT SOLID WALL PARTITION.
I. DOORS TO THE FOOD PREPARATION AND SERVING AREA SHALL BE
EFFECTIVELY SELF-CLOSING AND KEPT CLOSED.
J. INTERIOR WALLS AND CEILINGS SHALL BE LIGHT IN COLOR.
8-18

K. A POTABLE WATER SYSTEM UNDER PRESSURE, SUPPLYING HOT AND
COLD WATER, WITH A MINIMUM CAPACITY OF 30 GALLONS, SHALL BE
PERMANENTLY INSTALLED FOR UTENSIL WASHING/SANITIZATION
AND HANDWASHING.
L. THE INSTALLATION OF A PREP-SINK FOR THE PURPOSE OF PRODUCE
WASHING ONLY MAY BE ALLOWED PROVIDED THAT AN ADDITIONAL
20 GALLONS OF POTABLE WATER IS AVAILABLE FOR USE.
M. A 9X9X5” HAND WASHING SINK SHALL BE PERMANENTLY INSTALLED.
N. A 3-COMPARTMENT SINK FOR THE PURPOSE OF WASHING AND
SANITATION SHALL BE INSTALLED MEETING THE FOLLOWING
REQUIREMENTS:
(1) A MINIMUM FLOW RATE OF ONE-HALF (1/2) GALLON PER MINUTE
SHALL BE PROVIDED.
(2) WATER AT A TEMPERATURE OF AT LEAST 38°C (100°F) SHALL BE
PROVIDED THROUGH A MIXING FAUCET.
(3) EACH COMPARTMENT SHALL HAVE A CAPACITY OF 6 GALLONS.
(4) TWO INTEGRAL METAL DRAIN BOARDS SHALL BE PERMANENTLY
AFFIXED THAT ARE THE SAME DEPTH AS THE 3-COMPARTMENT
SINK.
O. THE WATER TANK INLET SHALL BE:
(1) 19.1 MM (THREE-FOURTHS INCH) IN INNER DIAMETER OR LESS;
AND
(2) PROVIDED WITH A HOSE CONNECTION OF A SIZE OR TYPE THAT
WILL PREVENT ITS USE FOR ANY OTHER SERVICE.
P. A SEWAGE HOLDING TANK SHALL BE:
(1) SIZED 15 PERCENT LARGER IN CAPACITY THAN THE WATER
SUPPLY TANK; AND
(2) SLOPED TO A DRAIN THAT IS 25 MM (1 INCH) IN INNER
DIAMETER OR GREATER, EQUIPPED WITH A SHUT-OFF VALVE.
Q. MOBILE FOOD ESTABLISHMENTS SHALL NOT CONNECT TO WATER OR
WASTE WATER SYSTEMS EXCEPT DURING SERVICING OPERATIONS AT
A COMMISSARY OR AS APPROVED BY THE DEPARTMENT.
8-19

R. ALL WATER TANKS, PUMPS AND HOSES SHALL BE FLUSHED AND
SANITIZED BEFORE BEING PLACED IN SERVICE AFTER
CONSTRUCTION, REPAIR, MODIFICATION, AND PERIODS OF NONUSE
LONGER THAN 7 DAYS. POTABLE WATER TANKS SHALL BE FLUSHED
AND SANITIZED MONTHLY.
S. WASTEWATER HOLDING TANKS SHALL BE EMPTIED INTO AN
APPROVED SEWAGE DISPOSAL SYSTEM.
T. AN APPROVED FOOD GRADE POTABLE WATER HOSE SHALL BE
AVAILABLE FOR THE SOLE PURPOSE OF FILLING THE FRESH WATER
TANK.
a. A potable water system under pressure, supplying hot and cold water, of a minimum
capacity of 30 gallons, shall be installed permanently in mobile food units for food
preparation, utensil washing and sanitization and handwashing.
b. Pushcarts shall have a permanently installed potable water storage tank with a minimum
capacity of 5 gallons for the purpose of hand washing only.
c. Mobile food establishments shall provide a minimum flow rate of hot and cold water to
each sink basin of one-half (1/2) gallon per minute.
d. The fixtures or connectors for the inlet on a potable water storage tank for all mobile food
establishments shall not be the same size or type as fixtures or connectors used to drain
wastewater tanks. Potable water system inlets shall be protected against use for any other
service and from potential contamination from any source. In addition, potable water
inlet shall be no larger than ¾” unless otherwise approved by the Department.
e. A liquid waste storage tank with a capacity at least 15% larger than the potable water
storage tank is required for all mobile food establishments serving any open food or
drink.
f. All connections on the vehicle for servicing mobile food establishments waste disposal
facilities shall be of different size or type than those used for supplying potable water to
these vehicles. The waste connection shall be located lower than the water inlet
connection to preclude contamination of the potable water system. In addition,
wastewater outlet shall be greater than 1” unless otherwise approved by the Department.
g. Alternative water supplies indicated in Chapter VIII, Section 2 shall not be used by
mobile food establishments.
h. Mobile food units and pushcarts shall not connect to water or waste water systems except
during servicing operations at a commissary or as approved by the Department.
i. All exterior water system connections for vehicles used on mobile food establishments
shall be provided with an approved backflow prevention device.
8-20

j. All water tanks, pumps and hoses shall be flushed and sanitized before being placed in
service after construction, repair, modification, and periods of nonuse longer than 7 days.
Potable water tanks shall be flushed and sanitized monthly.
k. Wastewater holding tanks shall be emptied into an approved sewage disposal system.
l Mobile food establishments shall provide an approved food grade potable water hose.
This hose is to be used only to fill the fresh water tank.
m. A self contained hand wash station shall include a minimum 5 gallon potable water tank,
a minimum 9x9x5” hand washing sink, a minimum flow rate of hot and cold water to the
sink basin of one-half (1/2) gallon per minute, and 15% greater capacity waste tank.
n. Grease shall be disposed in an approved manner.
REGULATION 10 9. Additional Requirements for Food Peddlers ADDITIONAL
REQUIREMENTS FOR SEASONAL FOOD ESTABLISHMENTS
A. ALL SEASONAL FOOD ESTABLISHMENTS OPERATING AT AN EVENT
GREATER THAN 14 DAYS SHALL OPERATE IN CONJUNCTION WITH AN
ONSITE COMMISSARY OR A FIXED FOOD ESTABLISHMENT, UNLESS
ALTERNATE DEPARTMENT APPROVAL IS OBTAINED IN ADVANCE.
B. ALL PRODUCE MUST BE PURCHASED COMMERCIALLY PRE-WASHED OR
BE WASHED IN ADVANCE AT A PERMITTED FOOD
ESTABLISHMENT/COMMISSARY.
C. ALL TIME/TEMPERATURE CONTROL FOR SAFETY FOODS SHALL BE
PREPARED ON THE SAME DAY OF SALE OR SERVICE.
TIME/TEMPERATURE CONTROL FOR SAFETY FOODS SHALL NOT BE
HELD OVER FROM A PREVIOUS DAY'S OPERATION UNLESS OTHERWISE
APPROVED BY THE DEPARTMENT.
D. ALL FOOD HELD FOR CONSUMER SELF-SERVICE SHALL BE WRAPPED
OR EFFECTIVELY DISPENSED TO PROTECT FROM CONTAMINATION.
E. FOOD PREPARATION SHALL BE SIMPLIFIED TO REDUCE EXCESSIVE
STEPS WHERE FOOD MAY BECOME CONTAMINATED. EXCESSIVE
STEPS MAY INCLUDE, BUT ARE NOT LIMITED TO, COOKING
OVERNIGHT WITHOUT OVERSIGHT, COOLING, OR CUTTING LARGE
VOLUMES OF FOOD ITEMS. THIS PROHIBITION DOES NOT APPLY TO
FOODS THAT HAVE BEEN PREPARED OR PACKAGED IN PERMANENT
FOOD ESTABLISHMENTS OR COMMISSARIES MEETING THE
REQUIREMENTS OF THIS CODE.
F. A CONVENIENT, EASILY ACCESSIBLE, AND APPROVED HAND WASHING
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FACILITY SHALL BE LOCATED WITHIN 25 FEET OF ALL FOOD SERVICE
AREAS AND AVAILABLE FOR EMPLOYEE HAND WASHING.
G. HAND WASHING FACILITIES SHALL INCLUDE THE FOLLOWING AT A
MINIMUM: 5 GALLON INSULATED CONTAINER WITH A
FREE/CONTINUOUS FLOWING SPIGOT FOR POTABLE WATER; WATER
AT A TEMPERATURE OF AT LEAST 38°C (100°F), 5.75 GALLON CONTAINER
TO HOLD WASTE WATER, SOAP, AND PAPER TOWELS. ENOUGH
POTABLE WATER SHALL BE AVAILABLE IN THE ESTABLISHMENT
FOR FOOD PREPARATION, CLEANING AND SANITIZING UTENSILS
AND EQUIPMENT AND FOR HANDWASHING. A HEATING FACILITY
CAPABLE OF PRODUCING ENOUGH HOT WATER FOR THESE PURPOSES
SHALL BE PROVIDED ON THE PREMISES.
H. APPROVED WARE WASHING FACILITIES SHALL BE PROVIDED FOR ALL
OPERATIONS WHERE MULTI-USE UTENSILS ARE REQUIRED.
I. SUFFICIENT POTABLE WATER SHALL BE AVAILABLE IN THE
ESTABLISHMENT FOR FOOD PREPARATION, CLEANING AND
SANITIZING UTENSILS AND EQUIPMENT AND FOR HANDWASHING. A
HEATING FACILITY CAPABLE OF PRODUCING ENOUGH HOT WATER
FOR THESE PURPOSES SHALL BE PROVIDED ON THE PREMISES.
J. BOOTH CONSTRUCTION SHALL INCLUDE A CEILING AND THREE
WALLS (TWO SIDES AND REAR). WALLS AND CEILINGS SHALL BE MADE
OF WOOD, CANVASS OR OTHER MATERIAL THAT PROTECTS THE
INTERIOR OF THE ESTABLISHMENT FROM THE WEATHER AND THAT
PREVENTS THE ENTRANCE OF INSECTS. SCREENING MATERIAL MAY
BE USED FOR WALL CONSTRUCTION AND SHALL BE AT LEAST 16 MESH
TO THE INCH. WHEN SCREENING MATERIAL IS USED, ADDITIONAL
WALL COVERING MUST BE MAINTAINED ON-SITE IN CASE OF
INCLEMENT WEATHER.
K. FLOOR SHALL BE CONSTRUCTED OF CONCRETE, MACHINE-LAID
ASPHALT, DIRT OR GRAVEL IF IT IS COVERED WITH MATS, REMOVABLE
PLATFORMS, DUCKBOARDS, OR OTHER SUITABLE APPROVED
MATERIALS THAT ARE EFFECTIVELY TREATED TO CONTROL DUST OR
MUD.
a. Food peddlers that are operating away from their vehicles shall provide a permanent sign
indicating their business name in letters at least 6 inches high and 1 inch wide. The sign
shall be visible to the consumer and shall be in addition to the signs used on the vehicle.
b. All food shall be stored and displayed at least 24 inches above the ground surface.
c. All packaged frozen foods shall be maintained frozen and sold or offered for sale to
consumers frozen.
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d. Cutting of produce, melons, vegetables, or fruits is prohibited except to show that an item
is seedless, ripe, of appropriate color, or other characteristic. Cut produce, vegetables,
fruits, or melons shall not be offered as a sample for tasting to consumers and shall not be
sold. Cutting as a method of portioning is prohibited.
e. A food peddler may assemble snow cones from properly installed equipment, and use
approved utensils to sell or dispense pickles from jars. Open beverages served by a food
peddler must be prepared at the commissary and dispensed from approved equipment. In
addition, when open food products are dispensed, approved hand washing facilities shall be
available.
f. Vehicles for use as a food peddler shall meet the appropriate regulations in this code if
selling, dispensing or sampling any open food or beverage item. When only packaged food
in sealed containers is transported by a food peddler, the carpeting in a vehicle need not be
removed, but shall be covered by a smooth, durable, easily cleanable and non absorbent
surface. The Department may approve exceptions for vehicles if a food peddler is operating
as part of a permitted fixed food establishment and utilizes commercial equipment approved
by the Department.
g. Food peddlers shall sell properly labeled food that is obtained from approved sources
only. Sale of food from other mobile food establishments or prepared at home is
prohibited.
h. Food peddlers that are operating away from the vehicle shall maintain the original permit
card at the stand or booth.
i. Food peddlers that are operating away from the vehicle shall maintain an approved hand
washing station at the stand or booth, if selling or dispensing any open food or beverage
items.
j. Food peddlers that are operating away from the vehicle shall maintain the permitted food
peddler vehicle on the premises.
REGULATION 11 10. Additional Requirements for Commissary Permits ADDITIONAL
REQUIREMENTS FOR TEMPORARY FOOD ESTABLISHMENTS
A. ALL PRODUCE MUST BE PURCHASED COMMERCIALLY PRE-WASHED OR
BE WASHED IN ADVANCE AT A PERMITTED FOOD
ESTABLISHMENT/COMMISSARY.
B. ALL TIME/TEMPERATURE CONTROL FOR SAFETY FOODS SHALL BE
PREPARED ON THE SAME DAY OF SALE OR SERVICE.
TIME/TEMPERATURE CONTROL FOR SAFETY FOODS SHALL NOT BE
HELD OVER FROM A PREVIOUS DAY'S OPERATION UNLESS OTHERWISE
APPROVED BY THE DEPARTMENT.
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C. ALL FOOD HELD FOR CONSUMER SELF-SERVICE SHALL BE WRAPPED
OR EFFECTIVELY DISPENSED TO PROTECT FROM CONTAMINATION.
D. FOOD PREPARATION SHALL BE SIMPLIFIED TO REDUCE EXCESSIVE
STEPS WHERE FOOD MAY BECOME CONTAMINATED. EXCESSIVE
STEPS MAY INCLUDE, BUT ARE NOT LIMITED TO, COOKING
OVERNIGHT WITHOUT OVERSIGHT, COOLING, OR CUTTING LARGE
VOLUMES OF FOOD ITEMS. THIS PROHIBITION DOES NOT APPLY TO
FOODS THAT HAVE BEEN PREPARED OR PACKAGED IN PERMANENT
FOOD ESTABLISHMENTS OR COMMISSARIES MEETING THE
REQUIREMENTS OF THIS CODE.
E. ONLY LIMITED FOOD PREPARATION, COOKING AND REHEATING OF
PREPARED FOODS ARE ALLOWED AT THE EVENT, ALL OTHER FOOD
PREPARATION SHALL TAKE PLACE AT AN APPROVED COMMISSARY OR
FIXED FOOD ESTABLISHMENT, UNLESS AN ALTERNATE DEPARTMENT
APPROVAL IS OBTAINED.
F. A CONVENIENT, EASILY ACCESSIBLE, AND APPROVED HAND WASHING
FACILITY SHALL BE LOCATED WITHIN 25 FEET OF ALL FOOD SERVICE
AREAS AND AVAILABLE FOR EMPLOYEE HAND WASHING.
G. HAND WASHING FACILITIES SHALL INCLUDE THE FOLLOWING AT A
MINIMUM: 5 GALLON INSULATED CONTAINER WITH A
FREE/CONTINUOUS FLOWING SPIGOT FOR POTABLE WATER; WATER
AT A TEMPERATURE OF AT LEAST 38°C (100°F), 5.75 GALLON CONTAINER
TO HOLD WASTE WATER, SOAP, AND PAPER TOWELS.
H. APPROVED WARE WASHING FACILITIES SHALL BE PROVIDED FOR ALL
OPERATIONS WHERE MULTI-USE UTENSILS ARE REQUIRED.
I. BOOTH CONSTRUCTION SHALL INCLUDE A CEILING AND THREE
WALLS (TWO SIDES AND REAR). WALLS AND CEILINGS SHALL BE MADE
OF WOOD, CANVASS OR OTHER MATERIAL THAT PROTECTS THE
INTERIOR OF THE ESTABLISHMENT FROM THE WEATHER AND THAT
PREVENTS THE ENTRANCE OF INSECTS. SCREENING MATERIAL MAY
BE USED FOR WALL CONSTRUCTION AND SHALL BE AT LEAST 16 MESH
TO THE INCH. WHEN SCREENING MATERIAL IS USED, ADDITIONAL
WALL COVERING MUST BE MAINTAINED ON-SITE IN CASE OF
INCLEMENT WEATHER.
J. FLOOR SHALL BE CONSTRUCTED OF CONCRETE, MACHINE-LAID
ASPHALT, DIRT OR GRAVEL IF IT IS COVERED WITH MATS, REMOVABLE
PLATFORMS, DUCKBOARDS, OR OTHER SUITABLE APPROVED
MATERIALS THAT ARE EFFECTIVELY TREATED TO CONTROL DUST OR
MUD.
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a. Commissary must provide facilities for the storage of food, food containers or food
supplies. When food preparation is conducted, the commissary must provide equipment
for the cleaning and sanitizing of food service equipment, utensils and dishware.
b. Commissary must provide an outdoor servicing area.
c. The outdoor servicing area shall include facilities for the sanitary disposal of liquid
waste; handling and disposal of garbage, grease, and rubbish originating from the mobile
food establishment; an adequate area for washing and storage of the mobile food
establishment; facilities for filling the potable water holding tank; and electrical outlets.
REGULATION 11. Additional Requirements for Temporary Food Establishments,
Seasonal Food Establishments and Special Event Food Establishments
a. All seasonal food establishments and special event food establishments operating at an
event greater than 14 days shall operate in conjunction with an onsite commissary or a
fixed food establishment, unless an alternate Department approval is obtained. Seasonal
food establishments and special event food establishments, for which an alternative
Department approval has not been granted, shall operate in conjunction with a
commissary or fixed food establishment that is easily accessible and available for use at
all times while in operation.
b. Only limited food preparation, cooking and reheating of prepared foods are allowed at the
event, all other food preparation shall be accomplished at an approved commissary or
fixed food establishment, unless an alternate Department approval is obtained.
c. Enough potable water shall be available in the establishment for food preparation,
cleaning and sanitizing utensils and equipment and for handwashing. A heating facility
capable of producing enough hot water for these purposes shall be provided on the
premises.
d. Floors shall be constructed of a concrete, machine-laid asphalt, dirt or gravel if it is
covered with mats, removable platforms, duckboards, or other suitable approved
materials that are effectively treated to control dust and mud.
e. The booth construction shall be a ceiling and three walls (two sides and rear). Walls and
ceilings shall be made of wood, canvass or other material that protects the interior of the
establishment from the weather and that prevents the entrance of insects. Screening
material may be used for wall construction and shall be at least 16 mesh to the inch.
When screening material is used, additional wall covering must be maintained on-site in
case of inclement weather.
f. Approved ware washing facilities shall be provided for all operations where multi-use
utensils are required.g. A convenient, easily accessible, and approved hand
washing facility shall be located within 25 feet of all food service areas and available for
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employee hand washing. Special event food establishments must provide a self-
contained hand wash station as defined in this section of the code.
REGULATION 12. Additional Requirements for Sampling Food Products TASTING
EVENTS
TASTING EVENTS MAY INCLUDE, BUT ARE NOT LIMITED TO, PROMOTIONAL
EVENTS, TASTING EVENTS, COMPETITION EVENTS, CONVENTIONS, AND
TRADE SHOWS. THE FOLLOWING REQUIREMENTS MUST BE MET FOR
TASTING EVENTS:
A. THE COORDINATOR OF THE EVENT IS RESPONSIBLE FOR OBTAINING
PERMITS TO OPERATE AND ENSURING ALL TASTING BOOTHS ARE
PROPERLY EQUIPPED AND SET UP BEFORE WORKERS HANDLE OPEN
FOODS/BEVERAGES.
B. TEMPORARY FOOD ESTABLISHMENT OR SEASONAL FOOD
ESTABLISHMENT PERMITS WILL BE ISSUED FOR VENDORS OPERATING
AT TASTING EVENTS. ALL VENDORS SHALL COMPLY WITH THE
REQUIREMENTS SET FORTH IN THIS SECTION THAT IS APPLICABLE TO
THE PERMIT TYPE THAT HAS BEEN ISSUED.
a. Cutting produce, melons, vegetables, or fruits is prohibited except to show that an item is
seedless, ripe, or appropriate color or other characteristic. Cut produce, vegetables, fruits, or
melons shall not be offered as a sample for tasting to consumers and shall not be sold.
b. Food sampling is limited to non-potentially hazardous foods and those potentially hazardous
foods (time/temperature control for safety foods) that require limited preparation.
c. Only limited quantities of sampled product may be ready for sampling at any given time.
All food products that have not been sampled at the end of the business day must be
discarded.
d. No public self-service sampling is allowed. Each sample shall be prepared by the operator
and handed to the customer, or the samples shall be placed in single service containers for
consumption. A physical barrier, such as an approved sneeze guard, must be in place to
prevent contamination of the food. Bulk dispensers are prohibited for sampling.
e. Only single service utensils and containers may be used for preparing samples. Single
service items may not be reused.
f. Each person who provides samples shall provide a lined waste container for the disposal of
used single service items and other waste products that is easily accessible from their
location.
g. Hand washing facilities must be setup at all times when any open food or beverage product
is served or sampled.
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REGULATION 13. ADDITIONAL REQUIREMENTS FOR COMMISSARY PERMITS
A. ALL ESTABLISHMENTS PROVIDING COMMISSARY SERVICES MUST
PROVIDE FACILITIES FOR THE STORAGE OF FOOD, FOOD CONTAINERS
OR FOOD SUPPLIES. WHEN FOOD PREPARATION IS CONDUCTED, THE
COMMISSARY MUST PROVIDE EQUIPMENT FOR THE CLEANING AND
SANITIZING OF FOOD SERVICE EQUIPMENT, UTENSILS AND
DISHWARE. THESE FACILITIES MUST ALSO PROVIDE FOR THE
SANITARY DISPOSAL OF LIQUID WASTE; HANDLING AND DISPOSAL OF
GARBAGE, GREASE, AND RUBBISH ORIGINATING FROM MOBILE FOOD
ESTABLISHMENTS; AND FACILITIES FOR FILLING THE POTABLE
WATER HOLDING TANK.
B. THOSE COMMISSARIES WITH AN OUTDOOR SERVICING AREA SHALL
INCLUDE AN ADEQUATE AREA (FACILITIES) FOR WASHING AND
STORAGE OF THE MOBILE FOOD ESTABLISHMENT; AND SUFFICIENT
ELECTRICAL OUTLETS.
C. THE COMMISSARY OWNER MUST PROVIDE EACH PERMITTEE, WHO IS
USING THE FACILITIES FOR FOOD PREPARATION WITH A DESIGNATED
AND LABELED SPACE FOR THE STORAGE OF SUPPLIES AND DRY
GOODS. ALL TIME/TEMPERATURE CONTROL FOR SAFETY FOODS
STORED BY A PERMITTEE MUST ALSO HAVE A DESIGNATED AND
LABELED LOCATION IN THE REFRIGERATION UNIT PROVIDED BY
THE COMMISSARY OWNER. THE COMMISSARY OWNER MUST BE ABLE
TO PROVIDE ACCESS TO ALL AREAS UPON REQUEST BY THE
DEPARTMENT.
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