Haw. Code R. § 11-50-46 - Design and construction

(a) Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.

(b) Food temperature measuring devices may 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.

(c) Food-contact surfaces.

(1) Multiuse food-contact surfaces shall be:

(A) Smooth;

(B) Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections;

(C) Free of sharp internal angles, corners, and crevices;

(D) Finished to have smooth welds and joints; and

(E) Except as specified in paragraph (2), accessible for cleaning and inspection by one of the following methods:

(i) Without being disassembled;

(ii) By disassembling without the use of tools; or

(iii) 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;

(2) Paragraph (1)(E) does not apply to cooking oil storage tanks, distribution lines for cooking oils, or beverage syrup lines or tubes,

(d) CIP equipment,

(1) CIP equipment shall meet the characteristics specified in subsection (c) 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; and

(B) The system is self-draining or capable of being completely drained of cleaning and sanitizing solutions; and

(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.

(e) Except for hot oil cooking or filtering equipment, "V" type threads may not be used on food-contact surfaces.

(f) Hot oil filtering equipment shall meet the characteristics specified in subsection (c) or (d) and shall be readily accessible for filter replacement and cleaning of the filter.

(g) Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement.

(h) Nonfood-contact surfaces shall be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance.

(i) Kick plates shall be designed so that the areas behind them are accessible for inspection and cleaning by being:

(1) Removable by one of the methods specified in subsection (c)(1)(E) or capable of being rotated open; and

(2) Removable or capable of being rotated open without unlocking equipment doors.

(j) 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.

(k) Accuracy of temperature measuring devices, food.

(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 in the intended range of use;

(2) Food temperature measuring devices that are scaled only in Fahrenheit shall be accurate to plus or minus two degrees Fahrenheit in the intended range of use.

(l) Temperature measuring devices, ambient air and water.

(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 one-half degrees Celsius in the intended range of use.

(2) Ambient air and water temperature measuring devices that are scaled only in Fahrenheit shall be accurate to plus or minus three degrees Fahrenheit in the intended range of use.

(m) Pressure measuring devices that display the pressures in the water supply line for the fresh hot water sanitizing rinse shall have increments of one pound per square inch or smaller and shall be accurate to plus or minus two pounds per square inch) in the range indicated on the manufacturer's data plate.

(n) 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.

(o) Equipment openings, closures and deflectors.

(1) A cover or lid for equipment shall overlap the opening and be sloped to drain;

(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 two-tenths of an inch;

(3) Except as specified in paragraph (4), 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.

(4) If a watertight joint is not provided:

(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 paragraph (2).

(p) In equipment that dispenses or vends liquid food or ice in unpackaged form:

(1) 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;

(2) The delivery tube, chute, and orifice shall be protected from manual contact such as by being recessed;

(3) The delivery tube or chute and orifice of 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:

(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; and

(4) The dispensing equipment actuating lever or mechanism and filling device of beverage dispensing equipment shall be designed to prevent contact with the lip-contact surface of glasses or cups that are refilled;

(5) 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 section 11-50-34(f)(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; and

(B) Conform to the requirements for this equipment as specified in NSF/ANSI 18-2006-Manual Food and Beverage Dispensing Equipment.

(q) The dispensing compartment of a vending machine including a machine that is designed to vend prepackaged snack food that is not potentially hazardous (time/temperature control for safety food) such as chips, party mixes, and pretzels shall be equipped with a self-closing door or cover if the machine 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.

(r) 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.

(s) Except for cold plates that are constructed integrally with an ice storage bin, beverage tubing and cold-plate beverage cooling devices may not be installed in contact with stored ice.

(t) Liquid waste drain lines may not pass through an ice machine or ice storage bin.

(u) 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.

(v) Cutting or piercing parts of can openers on vending machines shall be protected from manual contact, dust, insects, rodents, and other contamination.

(w) Molluscan shellfish tanks.

(1) Except as specified in paragraph (2), molluscan shellfish life support system display tanks may 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;

(2) Molluscan shellfish life-support system display tanks that are used to store or 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 section 11-50-13(a) and a HACCP plan that:

(A) Is submitted by the owner or operator and approved as specified in section 11-50-13(b); and

(B) Ensures that:

(i) Water used with fish other than molluscan shellfish does not flow into the molluscan tank;

(ii) The safety and quality of the shellfish as they were received are not compromised by the use of the tank; and

(iii) The identity of the source of the shellstock is retained as specified in section 11-50-31(s).

(x) Vending machines, automatic shutoff.

(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:

(A) 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 subchapter 3; and

(B) If a condition specified in paragraph (1)(A) occurs, until the machine is serviced and restocked with food that has been maintained at temperatures specified in subchapter 3;

(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 forty-one degrees Fahrenheit for more than thirty minutes immediately after the machine is filled, serviced, or restocked; or

(B) In a hot holding vending machine, the ambient air temperature may not be less than one hundred thirty-five degrees Fahrenheit for more than one hundred twenty minutes immediately after the machine is filled, serviced, or restocked.

(y) Temperature measuring devices.

(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;

(2) Except as specified in paragraph (3), 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 integral or permanently affixed temperature measuring device that is located to allow easy viewing of the device's temperature display;

(3) Paragraph (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;

(4) Temperature measuring devices shall be designed to be easily readable;

(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 two degrees Fahrenheit in the intended range of use.

(z) 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 operation specifications including the:

(1) Temperatures required for washing, rinsing, and sanitizing;

(2) Pressure required for the fresh water sanitizing rinse unless the machine is designed to use only a pumped sanitizing rinse; and

(3) Conveyor speed for conveyor machines or cycle time for stationary rack machines.

(aa) 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.

(bb) A warewashing machine shall be equipped with a temperature measuring device that indicates the temperature of the water:

(1) In each wash and rinse tank; and

(2) As the water enters the hot water sanitizing final rinse manifold or in th* chemical sanitizing solution tank.

(cc) If hot water is used for sanitization in manual warewashing operations, the sanitizing compartment of the sink shall be:

(1) Designed with an integral heating device that is capable of maintaining water at a temperature not less than one hundred seventy-one degrees Fahrenheit; and

(2) Provided with a rack or basket to allow complete immersion of equipment and utensils into the hot water.

(dd) A warewashing machine that is installed shall be equipped to:

(1) Automatically dispense detergents and sanitizers; and

(2) 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.

(ee) Warewashing machines, flow pressure device.

(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; and

(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 one-fourth inch Iron Pipe Size (IPS) valve;

(3) Paragraphs (1) and (2) do not apply to a machine that uses only a piamped or recirculated sanitizing rinse.

(ff) Sinks and drainboards of warewashing sinks and machines shall be self-draining.

(gg) 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.

(hh) Vending machines, liquid waste products.

(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;

(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;

(3) Shutoff devices specified in paragraph (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.

(ii) Vending machine, doors and openings.

(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-sixteenth inch by:

(A) Being covered with louvers, screens, or materials that provide an equivalent opening of not greater than one-sixteenth inch. Screening of sixteen mesh to one inch meets this requirement;

(B) Being effectively gasketed;

(C) Having interface surfaces that are at least one-half inch wide; or

(D) Jambs or surfaces used to form an L-shaped entry path to the interface;

(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 1.5 millimeters or one-sixteenth inch.

(jj) Food equipment that is certified or classified for sanitation by an American National Standards Institute (ANSI)-accredited certification program is deemed to comply with sections 11-50-45 and 11-50-46.

Notes

Haw. Code R. § 11-50-46

[Eff FEB 24 2014] (Auth: HRS § 321-11) (imp: HRS § 321-11) Am and Comp 9/1/2017