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Contents
Chapter 1 Purpose and Definitions
TITLE 9. HEALTH SERVICES
CHAPTER 8: DEPARTMENT OF HEALTH SERVICES
FOOD, RECREATIONAL AND INSTITUTIONAL SANITATION
ARTICLE 1. FOOD AND DRINK
CHAPTER 1 PURPOSE AND DEFINITIONS^1
CHAPTER 2 MANAGEMENT AND PERSONNEL^18
CHAPTER 3 FOOD^35
CHAPTER 4 EQUIPMENT, UTENSILS, AND LINENS^77
CHAPTER 5 WATER, PLUMBING, AND WASTE^118
CHAPTER 6 PHYSICAL FACILITIES^137
CHAPTER 7 POISONOUS OR TOXIC MATERIALS^153
CHAPTER 8 COMPLIANCE AND ENFORCEMENT^160
1-1 TITLE, INTENT, SCOPE^1
1-101 Title 1 R9-8-102. Applicability 1
1-2 DEFINITIONS 2
1-201 Applicability and Terms Defined 2
ii
4-2 DESIGN AND CONSTRUCTION
v
- Chapter
- Chapter Management and Personnel
- 2-1 SUPERVISION Food - 2-101 Responsibility - 2-102 Knowledge - 2-103 Duties
- 2-2 EMPLOYEE HEALTH - 2-201 Disease or Medical Condition
- 2-3 PERSONAL CLEANLINESS - 2-301 Hands and Arms - 2-302 Fingernails - 2-303 Jewelry - 2-304 Outer Clothing
- 2-4 HYGIENIC PRACTICES - 2-401 Food Contamination Prevention - 2-402 Hair Restraints - 2-403 Animals
- 3-1 CHARACTERISTICS - 3-101 Condition - AND RECORDS 3-2 SOURCES, SPECIFICATIONS, AND ORIGINAL CONTAINERS - 3-201 Sources - 3-202 Specifications for Receiving - 3-203 Original Containers and Records
- 3-3 PROTECTION FROM CONTAMINATION AFTER RECEIVING iii
- 3-301 Preventing Contamination by Employees
- 3-302 Preventing Food and Ingredient Contamination - as a Coolant 3-303 Preventing Contamination from Ice Used - Utensils, and Linens 3-304 Preventing Contamination from Equipment,
- 3-305 Preventing Contamination from the Premises
- 3-306 Preventing Contamination by Consumers
- 3-307 Preventing Contamination from Other Sources
- 3-4 DESTRUCTION OF ORGANISMS OF PUBLIC HEALTH CONCERN
- 3-401 Cooking
- 3-402 Freezing
- 3-403 Reheating
- HEALTH CONCERN 3-5 LIMITATION OF GROWTH OF ORGANISMS OF PUBLIC
- 3-501 Temperature and Time Control
- 3-502 Specialized Processing Methods
- LABELING 3-6 FOOD IDENTITY, PRESENTATION, AND ON-PREMISES
- 3-601 Accurate Representation
- 3-602 Labeling
- 3-603 Consumer Advisory
- 3-7 CONTAMINATED FOOD
- 3-701 Disposition
- POPULATIONS 3-8 SPECIAL REQUIREMENTS FOR HIGHLY SUSCEPTIBLE
- 3-801 Additional Safeguards
- Chapter iv
- 4-1 MATERIALS FOR CONSTRUCTION AND REPAIR Equipment, Utensils, and Linens - 4-101 Multiuse - 4-102 Single-Service and Single-Use - 4-201 Durability and Strength - 4-202 Cleanability - 4-203 Accuracy - 4-204 Functionality - 4-205 Acceptability
- 4-3 NUMBERS AND CAPACITIES - 4-301 Equipment - Testing Devices 4-302 Utensils, Temperature Measuring Devices, and
- 4-4 LOCATION AND INSTALLATION - 4-401 Location - 4-402 Installation
- 4-5 MAINTENANCE AND OPERATION - 4-501 Equipment - Measuring Devices 4-502 Utensils and Temperature and Pressure
- 4-6 CLEANING OF EQUIPMENT AND UTENSILS - 4-601 Objective - 4-602 Frequency - 4-603 Methods
- 4-7 SANITIZATION OF EQUIPMENT AND UTENSILS - 4-701 Objective - 4-702 Frequency
- 4-703 Methods Chapter 5 Water, Plumbing, and Waste
- 4-8 LAUNDERING
- 4-801 Objective
- 4-802 Frequency
- 4-803 Methods
- 4-9 PROTECTION OF CLEAN ITEMS
- 4-901 Drying
- 4-902 Lubricating and Reassembling
- 4-903 Storing
- 4-904 Handling
- 5-1 WATER
- 5-101 Source
- 5-102 Quality
- 5-103 Quantity and Availability
- 5-104 Distribution, Delivery, and Retention
- 5-2 PLUMBING SYSTEM
- 5-201 Materials
- 5-202 Design, Construction, and Installation
- 5-203 Numbers and Capacities
- 5-204 Location and Placement
- 5-205 Operation and Maintenance
- WATER TANK 5-3 MOBILE WATER TANK AND MOBILE FOOD ESTABLISHMENT
- 5-301 Materials
- 5-302 Design and Construction
- 5-303 Numbers and Capacities
- 5-304 Operation and Maintenance
- 5-4 SEWAGE, OTHER LIQUID WASTE, AND RAINWATER
- 5-401 Mobile Holding Tank
- 5-402 Retention, Drainage, and Delivery
- Chapter vi
- 5-403 Disposal Facility Physical Facilities
- 5-5 REFUSE, RECYCLABLES, AND RETURNABLES - 5-501 Facilities on the Premises - 5-502 Removal - 5-503 Facilities for Disposal and Recycling
- 6-1 MATERIALS FOR CONSTRUCTION AND REPAIR - 6-101 Indoor Areas - 6-102 Outdoor Areas
- 6-2 DESIGN, CONSTRUCTION, AND INSTALLATION - 6-201 Cleanability - 6-202 Functionality
- 6-3 NUMBERS AND CAPACITIES - 6-301 Handwashing Facilities - 6-302 Toilets and Urinals - 6-303 Lighting - 6-304 Ventilation - 6-305 Dressing Areas and Lockers - 6-306 Service Sinks
- 6-4 LOCATION AND PLACEMENT - 6-401 Handwashing Facilities - 6-402 Toilet Rooms - 6-403 Employee Accommodations - 6-404 Distressed Merchandise - 6-405 Refuse, Recyclables, and Returnables
- 6-5 MAINTENANCE AND OPERATION - Fixtures - Methods 6-501 Premises, Structures, Attachments, and - Chapter vii
- Chapter Poisonous or Toxic Materials
- 7-1 LABELING AND IDENTIFICATION Compliance and Enforcement - 7-101 Original Containers - 7-102 Working Containers
- 7-2 OPERATIONAL SUPPLIES AND APPLICATIONS - 7-201 Storage - 7-202 Presence and Use - 7-203 Container Prohibitions - 7-204 Chemicals - 7-205 Lubricants - 7-206 Pesticides - 7-207 Medicines - 7-208 First Aid Supplies - 7-209 Other Personal Care Items
- 7-3 STOCK AND RETAIL SALE - 7-301 Storage and Display
- 8-1 CODE APPLICABILITY - 8-101 Use for Intended Purpose - 8-102 Additional Requirements - 8-103 Variances
- 8-2 PLAN SUBMISSION AND APPROVAL - 8-201 Facility and Operating Plans - 8-203 Construction Inspection and Approval
- 8-3 LICENSE TO OPERATE - 8-301 Requirement
- R9-8-103. Food Establishment License Application viii
- R9-8-104. Time-frames
- R9-8-105. Issuance of License
- 8-304 Conditions of Retention
- R9-8-106. License Suspension or Revocation
- 8-4 INSPECTION AND CORRECTION OF VIOLATIONS
- R9-8-108. Inspection Standardization and Documentation
- 8-401 Frequency
- 8-402 Access
- 8-403 Report of Findings
- 8-404 Imminent Health Hazard
- 8-405 Critical Violation
- 8-406 Noncritical Violation
- R9-8-109 Cease and Desist and Abatement
Chapter 4 and A.A.C. Title 3, Chapter 2, Article 8;
- Group homes, as defined in A.R.S. Title 36, Chapter 5.1, Article 1;
- Child care group homes, as defined in A.R.S. Title 36, Chapter 7.1, Article 4;
- Residential group care facilities, as defined in A.A.C. Title 6, Chapter 5, Article 74, that have 20 or fewer clients;
- Assisted living homes, as defined in A.A.C. Title 9, Chapter 10, Article 7;
- Adult day health care services, as defined in A.A.C. Title 9, Chapter 10, Article 7, that have 15 or fewer clients; and
- Behavioral health service agencies licensed under A.A.C. Title 9, Chapter 20, that provide residential or partial care services for 10 or fewer clients.
1-2 DEFINITIONS
Subpart
1-201 Applicability and Terms Defined
Applicability and Terms Defined
1-201.10 Statement of Application and Listing of Terms.
(A) The following definitions apply in the interpretation and application of this Code.
(B) Terms Defined.
(1) Accredited program.
(a) "Accredited program" means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals.
(b) "Accredited program" refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility
requirements, re-certification, discipline and grievance procedures; and test development and administration.
(c) "Accredited program" does not refer to training functions or educational programs.
(2) Additive.
(a) "Food additive" has the meaning stated in A.R.S. § 36-901(7).
(b) "Color additive" has the meaning stated in A.R.S. § 36-901(2).
(3) "Adulterated" means possessing 1 or more of the conditions enumerated in A.R.S. § 36-904(A).
(3a) “Agency” means any board, commission, department, office, or other administrative unit of the federal government, the state, or a political subdivision of the state.
(3b) “Applicant” means the following PERSON requesting a LICENSE:
a. If an individual, the individual who owns the FOOD ESTABLISHMENT;
b. If a corporation, any 2 officers of the corporation;
c. If a limited liability company, the designated manager or, if no manager is designated, any 2 members of the limited liability company;
d. If a partnership, any 2 of the partners;
e. If a joint venture, any 2 individuals who signed the joint venture agreement;
f. If a trust, the trustee of the trust;
g. If a religious or nonprofit organization, the individual in the senior leadership position within the organization.
h. If a school district, the superintendent of the district;
i. If an agency, the individual in the senior leadership position within the agency; or
j. If a county, municipality, or other political subdivision of the state, the individual in the senior leadership position within the county, municipality, or political subdivision.
(b) "Comminuted" includes FISH or MEAT products that are reduced in size and restructured or reformulated such as gefilte FISH, gyros, ground beef, and sausage; and a mixture of 2 or more types of MEAT that have been reduced in size and combined, such as sausages made from 2 or more MEATS.
(13) "Confirmed disease outbreak" means a FOODBORNE DISEASE OUTBREAK in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the FOOD as the source of the illness.
(14) "Consumer" means a PERSON who is a member of the public, takes possession of FOOD, is not functioning in the capacity of an operator of a FOOD ESTABLISHMENT, and does not offer the FOOD for resale.
(15) "Corrosion-resistant material" means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the FOOD to be contacted, the normal use of cleaning compounds and SANITIZING solutions, and other conditions of the use environment.
(16) "Critical control point" means a point or procedure in a specific FOOD system where loss of control may result in an unacceptable health risk.
(17) Critical Item.
(a) "Critical item" means a provision of this Code, that, if in noncompliance, is more likely than other violations to contribute to FOOD contamination, illness, or environmental health HAZARD.
(b) "Critical item" is an item that is denoted in this Code with an asterisk *.
(18) "Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a CRITICAL CONTROL POINT to minimize the risk that the identified FOOD safety HAZARD may occur.
(18a) “Department” means the Arizona Department of Health Services.
(19) Drinking Water.
(a) "Drinking water" means water that meets 40 CFR 141 National Primary Drinking Water Regulations.
(b) "Drinking water" is traditionally known as "potable water."
(c) "Drinking water" includes the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater," and "nondrinking" water.
(20) "Dry storage area" means a room or area designated for the storage of PACKAGED or containerized bulk FOOD that is not POTENTIALLY HAZARDOUS and dry goods such as SINGLE-SERVICE items.
(21) Easily Cleanable.
(a) "Easily cleanable" means a characteristic of a surface that:
(i) Allows effective removal of soil by normal cleaning methods;
(ii) Is dependent on the material, design, construction, and installation of the surface; and
(iii) Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into FOOD based on the surface's APPROVED placement, purpose, and use.
(b) "Easily cleanable" includes a tiered application of the criteria that qualify the surface as EASILY CLEANABLE as specified under Subparagraph (a) of this definition to different situations in which varying degrees of cleanability are required such as:
(i) The appropriateness of stainless steel for a FOOD preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for CONSUMER dining; or
(ii) The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the CONSUMER dining area.
(22) "Easily movable" means:
(a) Portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of EQUIPMENT for cleaning; and
(b) Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the EQUIPMENT to be moved for cleaning of the EQUIPMENT and adjacent area.
(23) "Employee" means the LICENSE HOLDER, PERSON IN CHARGE, PERSON having supervisory or management duties, PERSON on the payroll, family member, volunteer, PERSON performing work under contractual agreement, or other PERSON working in a FOOD ESTABLISHMENT.
(24) "EPA" means the U.S. Environmental Protection Agency.
EQUIPMENT or UTENSILS, or FOOD-CONTACT SURFACES.
(31) Food Establishment.
(a) "Food establishment" means an operation that stores, prepares, packages, serves, vends, or otherwise provides FOOD for human consumption:
(i) Such as a restaurant; satellite or catered feeding location; catering operation if the operation provides FOOD directly to a CONSUMER or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or FOOD bank; and
(ii) That relinquishes possession of FOOD to a CONSUMER directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
(b) "Food establishment" includes:
(i) An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is PERMITTED by the REGULATORY AUTHORITY ; and
(ii) An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the PREMISES; and regardless of whether there is a charge for the FOOD.
(c) "Food establishment" does not include :
(i) An establishment that offers only prePACKAGED FOODS that are not POTENTIALLY HAZARDOUS ;
(ii) A produce stand that only offers whole, uncut fresh fruits and vegetables ;
(iii) A kitchen in a private home if only FOOD that is not POTENTIALLY HAZARDOUS is prepared for sale or service at a function such as a religious or charitable organization's bake sale if allowed by LAW and if the CONSUMER is informed by a clearly visible placard at the sales or service location that the FOOD is prepared in a kitchen that is not subject to regulation and inspection by the REGULATORY AUTHORITY ;
(iv) An area where FOOD that is prepared as specified in Subparagraph (c)(iv) of this definition is sold or offered for human consumption ;
(v) A kitchen in a private home, such as a small family day-care provider; or a bed-and-breakfast operation that prepares and offers FOOD to guests if the
home is owner occupied, the number of available guest bedrooms does not exceed 6, breakfast is the only meal offered, the number of guests served does not exceed 18, and the CONSUMER is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the FOOD is prepared in a kitchen that is not regulated and inspected by the REGULATORY AUTHORITY; or
(vi) A private home that receives catered or home-delivered FOOD.
(32) Food Processing Plant.
(a) "Food processing plant" means a FOOD ESTABLISHMENT that manufactures, packages, labels, or stores FOOD for human consumption and does not provide FOOD directly to a CONSUMER.
(b) "Food processing plant" does not include a FOOD ESTABLISHMENT as defined under Subparagraph 1-201.10(B)(31).
(33) Game Animal.
(a) "Game animal" means an animal, the products of which are FOOD, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in 9 CFR Subchapter A - Mandatory Meat Inspection, Part 301, as Poultry in 9 CFR Subchapter C - Mandatory Poultry Products Inspection, Part 381, or as FISH as defined under Subparagraph 1-201.10(B)(26).
(b) "Game animal" includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
(c) "Game animal" does not include ratites such as ostrich, emu, and rhea.
(34) "General use pesticide" means a pesticide that is not classified by EPA for restricted use as specified in 40 CFR 152.175.
(35) "Grade A standards" means the requirements of the United States Public Health Service/FDA "Grade A Pasteurized Milk Ordinance" and "Grade A Condensed and Dry Milk Ordinance" with which certain fluid and dry milk and milk products comply.
(36) Group Residence.
(a) "Group residence" means a private or public housing corporation or institutional facility that provides living quarters and meals.
(b) "Group residence" includes a domicile for unrelated PERSONS such as a retirement home or a long-term health care facility.
wiping cloths, and work garments including cloth gloves.
(47) "Meat" means the flesh of animals used as FOOD including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish, poultry, and wild game animals as specified under Subparagraphs 3-201.17(A)(3) and (4).
(48) "mg/L" means milligrams per liter, which is the metric equivalent of parts per million (ppm).
(49) "Molluscan shellfish" means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.
(50) Packaged.
(a) "Packaged" means bottled, canned, cartoned, securely bagged, or securely wrapped.
(b) "Packaged" does not include a wrapper, carry-out box, or other nondurable container used to containerize FOOD with the purpose of facilitating FOOD protection during service and receipt of the FOOD by the CONSUMER.
(51) "License" means the document issued by the REGULATORY AUTHORITY that authorizes a PERSON to operate a FOOD ESTABLISHMENT.
(52) "License holder" means the entity that:
(a) Is legally responsible for the operation of the FOOD ESTABLISHMENT such as the owner, the owner's agent, or other PERSON; and
(b) Possesses a valid LICENSE to operate a FOOD ESTABLISHMENT.
(53) "Person" means an association, a corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.
(54) "Person in charge" means the individual present at a FOOD ESTABLISHMENT who is responsible for the operation at the time of inspection.
(55) Personal Care Items.
(a) "Personal care items" means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a PERSON'S health, hygiene, or appearance.
(b) "Personal care items" include items such as medicines; first aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash.
(56) "pH" means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution.
Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral.
(57) "Physical facilities" means the structure and interior surfaces of a FOOD ESTABLISHMENT including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.
(58) "Plumbing fixture" means a receptacle or device that:
(a) Is permanently or temporarily connected to the water distribution system of the PREMISES and demands a supply of water from the system; or
(b) Discharges used water, waste materials, or SEWAGE directly or indirectly to the drainage system of the PREMISES.
(59) "Plumbing system" means the water supply and distribution pipes; PLUMBING FIXTURES and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the PREMISES; and water-treating EQUIPMENT.
(60) "Poisonous or toxic materials" means substances that are not intended for ingestion and are included in 4 categories:
(a) Cleaners and SANITIZERS, which include cleaning and SANITIZING agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;
(b) Pesticides, except SANITIZERS , which include substances such as insecticides and rodenticides;
(c) Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and PERSONAL CARE ITEMS that may be deleterious to health; and
(d) Substances that are not necessary for the operation and maintenance of the establishment and are on the PREMISES for retail sale, such as petroleum products and paints.
(61) Potentially Hazardous Food.
(a) "Potentially hazardous food" means a FOOD that is natural or synthetic and that requires temperature control because it is in a form capable of supporting:
(i) The rapid and progressive growth of infectious or toxigenic microorganisms;
