§ 20-21.3. Food storage.

(a)

General.

(1)

Food, whether raw or prepared, if removed from the container or package in which it was obtained, shall be stored in a clean covered container except during necessary periods of preparation or service. Container covers shall be impervious and nonabsorbent. 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 are replaced each time the container is refilled for a new customer. Primal cuts, quarters, or sides of raw meat or slab bacon may be hung uncovered on clean, sanitized hooks or placed on clean, sanitized racks. Whole, uncut, processed meats such as country hams or smoked or cured sausages may be placed uncovered on clean, sanitized racks. Shellstock or whole, uncut, raw fruits and vegetables and nuts in the shell that require shucking, peeling or hulling before consumption or foods being cooled as specified under items (2) and (3) of subsection (b) below need not be covered during storage. When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be arranged in the equipment to provide maximum heat transfer through the container walls and loosely covered, or uncovered if protected from overhead contamination as specified in section 20-21.2(a)(1) of this Code, during the cooling period to facilitate heat transfer from the surface of the food.

(2)

Containers of food shall be stored a minimum of six inches (15 centimeters) above the floor in a manner that protects the food from splashing and other contamination and that permits easy cleaning of the storage area, except that:

a.

Metal pressurized or boxed beverage containers, milk containers in plastic crates, and cased food packaged in cans, glass or other waterproof containers need not be elevated when stored on a clean floor not exposed to floor moisture;

b.

Food in packages and in working containers may be stored on dollies, racks, pallets or skids less than six inches (15 cm) above the floor, provided the equipment is easily moveable and equipment necessary for material handling such as pallet jacks or forklift trucks are on the premises; and

c.

The use of shipping containers such as milk or produce crates, as storage racks or shelf supports, is prohibited.

(3)

Food and containers of food shall not be stored under exposed or unprotected sewer lines or under leaking water lines, or under lines on which water has condensed, including automatic fire protection sprinkler heads that may be required by law. The storage of food under open stairwells or in locker rooms, dressing rooms, garbage rooms, mechanical rooms, toilet rooms, vestibules, or other sources of contamination is prohibited.

(4)

Food not subject to further washing or cooking before serving shall be stored in a way that protects it against cross-contamination from food requiring washing or cooking.

(5)

Packaged food may 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. Unpackaged food shall may not be stored in contact with water or undrained ice, except that 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. Raw chicken 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.

(6)

Unless its identity is unmistakable, bulk food such as cooking oil, syrup, salt, sugar, flour, herbs, potato flakes, and spices not stored in the product container or package in which it was obtained shall be stored in a container identifying the food by common name.

(7)

Bulk packaged food stored in food warehouses shall be stored at least 6 inches (15 centimeters) away from walls and off the floor on approved racks or approved pallets in a way that permits inspection under and behind the stored items and in a way that permits the cleaning of the storage area and that protects the food from contamination by splash and other means. Cased food packaged in cans, glass or other waterproof containers need not be elevated when the case of food is not exposed to floor moisture.

(b)

Refrigerated storage.

(1)

Refrigeration facilities. Equipment for cooling and holding cold food shall be sufficient in number and capacity to provide food temperatures as specified under item (9) of this subsection.

Each mechanically refrigerated facility storing time/temperature controlled for safety (TCS) food shall be provided with numerically scaled indicating thermometer, accurate to 3°F if scaled in Fahrenheit only. 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 the mechanically refrigerated unit and designed to be easily readable. Recording thermometers, accurate to 3°F if scaled in Fahrenheit only, may be used in lieu of indicating thermometers. Thermometers that are scaled in Celsius or dually scaled in Celsius and Fahrenheit shall be designed to be easily readable and accurate to ±(1.5°C) in the intended range of use.

(2)

Rapid cooling temperatures. Time/temperature controlled for safety (TCS) food except as specified in subitem c of this item, requiring refrigeration after cooking shall be rapidly cooled as specified under item (9) below to 41°F (5°C) or below with cooling occurring within the following parameters:

a.

An initial rapid cooling from 135°F (57°C) to 70°F (21°C) within two hours; and from 135°F (57°C) to 41°F (5°C) or below.

b.

To 41°F (5°C) or below within 4 hours if prepared from ingredients at ambient temperature, such as reconstituted foods and canned tuna.

c.

Except as specified in section 20-21.1(b)(13)c of this Code, if received in compliance with laws allowing a temperature above 41°F (5°C) during shipment from the supplier as specified in 20-21.1(b)(13) of this Code, to 41°F (5°C) or below as specified under item (9) of this subsection within four hours.

(3)

Methods for rapid cooling. Time/temperature controlled for safety (TCS) food that requires cooling shall be rapidly cooled in accordance with the time and temperature criteria specified under item (2) of this subsection by utilizing methods such as shallow pans, agitation, quick chilling, separating the food into smaller or thinner portions, using rapid cooling equipment, using containers that facilitate heat transfer, adding ice as an ingredient, water circulation external to the food container; or other effective methods. Time/temperature controlled for safety (TCS) food to be transported shall be prechilled and held at a temperature 41°F (5°C) or below unless maintained in accordance with item (2) of subsection (c) of this section regarding hot storage of time/temperature controlled for safety (TCS) food. The person in charge shall ensure that employees are using proper methods to rapidly cool time/temperature controlled for safety (TCS) food that is not held hot or are not for consumption within four hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling.

(4)

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

(5)

Ice intended for human consumption shall not be used as a medium for cooling stored food, food containers, or food utensils, but may be used for cooling tubes conveying beverages or beverage ingredients to a dispenser head. Ice used for cooling stored food and food containers shall not be used for human consumption.

(6)

All perishable food shall be stored at temperatures that will protect against spoilage.

(7)

Frozen foods prepared in any food service establishment once thawed shall not be refrozen.

(8)

Cold storage of certain fish. Before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish other than molluscan shellfish and a scallop product consisting only of the shucked adductor muscle shall be frozen to a temperature of -4°F (-20°C) or below for 168 hours (7 days) in a freezer; frozen until solid at -31°F (-35°C) or below and stored at -31°F (-35°C) or below for 15 hours, or frozen at -31°F (-35°C) or below until solid and stored at -4°F (-20°C) or below for a minimum of 24 hours, except for tuna species, aquacultured fish, and fish eggs that have been removed from the skein, as specified under section 20-21.1(b)(8) of this Code.

(9)

Cold storage of foods. Except during preparation, cooking or cooling, or when time is used as the public health control as specified under section 20-21.2(a)(2) of this Code, time/temperature controlled for safety (TCS) food shall be maintained at 41°F (5°C) or below.

(10)

Date marking of ready-to-eat foods.

a.

The following definitions apply to the provisions of this item and item (11) of this subsection:

Disposition date shall mean the date or day by which a ready-to-eat time/temperature controlled for safety (TCS) food shall be consumed, sold or disposed of.

Opening/preparation date shall mean the date counted as day 1 that a ready-to-eat time/temperature controlled for safety (TCS) food is prepared or that a container of ready-to-eat time/temperature controlled for safety (TCS) food is opened.

Refrigerated-hold time shall mean the length of time that a ready-to-eat time/temperature controlled for safety (TCS) food was held refrigerated before being frozen, counting the commencement date.

b.

Except when packaging food using a reduced oxygen packaging method as specified in 20-21.4(l)(2) of this Code and except as specified in this subitem, each refrigerated ready-to-eat time/temperature controlled for safety (TCS) food prepared and held refrigerated in a food establishment for more than 24 hours and, except for subitems d—i of this item, each container of refrigerated ready-to-eat time/temperature controlled for safety (TCS) food prepared and packaged by a food processing plant that is opened in a food establishment shall be clearly marked using calendar dates, days of the week, color-coded marks, or other effective means, provided that the marking system is disclosed to the regulatory authority upon request, to indicate the date or time the original container is opened in a food establishment and, if held for more than 24 hours, to indicate that the date and time by which the food shall be consumed on the premises, sold, or discarded, based on the following temperature and time combinations shall be the seventh calendar day after the opening/preparation date, counting the opening/preparation date, when the food is maintained at 41°F (5°C) or below.

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. A refrigerated, ready-to-eat time/temperature controlled for safety (TCS) food ingredient or a portion of a refrigerated, ready-to-eat, time/temperature controlled for safety (TCS) 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.

c.

A refrigerated, ready-to-eat time/temperature controlled for safety (TCS) food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine, may be marked as specified in subitem b of this item or by an alternative method acceptable to the health officer.

d.

Alternative date marking systems must receive prior approval from the health officer.

e.

Subitem b of this item does not apply to shellstock.

f.

Subitem b of this item does not apply to the following foods prepared and packaged by a food processing plant inspected by a regulatory authority:

[1]

Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured as specified in TFER 228.75(g)(7)(A);

[2]

Hard cheeses containing not more than 39% moisture as specified in TFER 228.75(g)(7)(B), such as cheddar, gruyere, parmesan and reggiano, and romano; and

[3]

Semi-soft cheeses containing more than 39% moisture, but not more than 50% moisture, as specified in TFER 228.75(g)(7)(C).

g.

Subitem b of this item does not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer's request.

h.

Subitem b of this item does not apply to the following prepared and packaged by a food processing plant inspected by a regulatory authority:

[1]

Shelf stable, dry, fermented sausages; and

[2]

Shelf stable salt-cured products such as prosciutto and Parma (ham).

i.

Subitem b of this item does not apply to cultured dairy products, as defined in TFER 228.75(g)(7)(D), Milk and Cream, such as yogurt, sour cream, and buttermilk, that are maintained under refrigeration as specified in item (9) of this subsection.

j.

Subitem b of this item does not apply to preserved fish products, such as pickled herring, dried or salted cod, and other acidified fish products defined in TFER 228.75(g)(7)(E).

k.

A refrigerated, ready-to-eat, time/temperature controlled for safety (TCS) food ingredient or a portion of a refrigerated, ready-to-eat, time/temperature controlled for safety (TCS) 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.

(11)

Disposition of ready-to-eat foods.

a.

Except the time that the product is frozen, any food that exceeds either of the temperature and time combinations, specified under item (10) of this subsection shall be discarded.

b.

Any food specified under item (10) of this subsection in a container or package that does not bear a date or day marking, color-coded marks, or other effective means to indicate the date or time the original container was opened, shall be discarded.

c.

Any food specified under item (10) of this subsection that is appropriately marked with a date or day marking or signal that indicates a temperature and time combination that is in excess of those specified under item (10) of this subsection shall be discarded.

(c)

Hot storage.

(1)

Equipment for heating food and holding hot food shall be sufficient in number and capacity to provide food temperatures as specified under section 20-21.3(c)(2) of this Code. Each hot food facility storing time/temperature controlled for safety (TCS) food shall be provided with a numerically scaled indicating thermometer, accurate to 3°F if scaled in Fahrenheit only. The sensor of a temperature measuring device shall be located to measure the air temperature or a simulated product temperature in the coolest part of the hot food storage unit, and designed to be easily readable. Recording thermometers, accurate to 3°F if scaled in Fahrenheit only, may be used in lieu of indicating thermometers. Thermometers dually scaled in Celsius and Fahrenheit shall be designed to be easily readable and accurate to 1.5°C in the intended range of use. Where it is impractical to install thermometers on equipment such as bainmaries, steam tables, steam kettles, heat lamps, cal-rod units, or insulated food transport carriers, a food temperature measuring device must be available and used to check internal food temperature.

(2)

The internal temperature of time/temperature controlled for safety (TCS) foods requiring hot storage shall be 135°F (57°C) or above except during necessary periods of preparation or when time is used as the public health control as specified under section 20-21.2(a)(2) of this Code. Roasts cooked to a temperature and for a time as specified in Table 20-21.4-3 of this Code or reheated as specified in Table 20-21.4-1 of this Code may be held at a temperature of 130°F (54°C) or above. Time/temperature controlled for safety (TCS) food to be transported shall be held at a temperature of 135°F (57°C) or above unless maintained in accordance with items (2) and (3) of subsection (b) of this section.

(Ord. No. 99-1346, § 1, 12-15-99; Ord. No. 07-1051, § 2(Exh. A), 9-12-07; Ord. No. 2015-1202, §§ 26, 27, 96, 12-2-2015)