Summary of North Carolina Foodservice Rules

The following is a summary of food safety and food sanitation practices that are required by the NC Foodservice Rules. This section does not include information about permits and inspections. The NC Foodservice Rules are available in their entirety at: http://www.deh.enr.state.nc.us/ehs/Rules/t15a-18a.26.pdf

Sources of Food (.2608)

Food that is spoiled or unfit for human consumption must be disposed of as garbage or returned to the source. If returned to the source, it must be marked as such and stored to prevent cross-contamination.

Refrigeration: Thawing and Preparation of Food (.2609)

All potentially hazardous foods that are kept cold must be at 45 degrees F or colder
A thermometer must be available to measure refrigerator temperatures and must be accurate to +/-3 degrees F.
Antibacterial soap must be used for handwashing.
Preparation surfaces used for non-potentially hazardous foods need to only be cleaned and rinsed.
Preparation surfaces used for potentially hazardous food must be cleaned, rinsed, and sanitized.
Poultry and stuffing must be cooked to at least 165 degrees F.
Pork must be cooked to at least 150 degrees F.
Ground beef must be cooked to at least 155 degrees F.
Rare beef must be cooked to at least 130 degrees F.
Foods that have been previously cooked (such as leftovers) must be cooked to at least 165 degrees F.
All foods that come from a regulated manufacturing plant, such as a cannery, only need to be reheated to 140 degrees F.
A metal-stem type thermometer accurate to +/-2 degrees F must be available.
Time, rather than temperature, can be used to determine the safety of potentially hazardous food if: (1) the food is labeled with the time of completion of the cooking process or when the food was removed from temperature control; (2) the food is served to the public within two hours after completion of cooking; (3) the establishment maintains written procedures for the handling of the food; and (4) the establishment receives prior approval for this practice from the local health department.

Storage: Handling and Display of Food (.2610)

Sneeze guards are not required for the display of hot and cold foods at private events.
Potentially hazardous food should be replaced every two hours on a display unit (hot or cold).
Long-handled utensils should be used to dispense food.
At the conclousion of service, food that is on a display unit must be thrown out.
Clean plates must be provided for return visits to a display unit. A sign must be posted stating this requirement. Clean plates are not required in a family-style dining arrangement.
All food must be stored under cover when not being prepared or served except for raw vegetables that are to be cooked.
Potentially hazardous food cannot be stored on the floor, in contact with racks, or under exposed sewer lines.
Dry beans, grits, flour, sugar, and similar foods must be stored in approved, covered containers, glass jars or the equivalent and then labelled.

Reserving Food (.2611)

Cannot re-serve food unless it is still in its intact commercial packaging and not a potentially hazardous food.

Shellfish (.2612)

In-state sources of shellfish are regulated by the NC Department of Environment and Natural Resources.
Out-of-state sources of shellfish are listed in the Interstate Certified Shellfish Shipper List published by the Food and Drug Administration.
Shucked shellfish and cooked crustacea must be stored in its original packaging container. The container must be identified with the name, address of the packer, and state/territory in which it was harvested.
Shellstock must be stored in its original container with the identification tag or label secured on the container.
Shellstock holding containers must not be used for any purpose.
The shellstock tag must be retained for 90 days after the container is empty.
An establishment must hold a valid shucking permit unless shellfish is shucked for consumption on the premises.
Shells cannot be reused.

Barbeque Places (.2613)

No outside units allowed.

Outdoor Dining (.2614)

No cooking or serving equipment can be permanently located outside except for portable cooking or serving facilities.

Milk and Milk Products (.2615)

Grade A and pasteurized milk can be used.
Cannot dispense milk intended as a drink from the retail container
Can dispense cream, buttermilk from less than or equal to half-gallon containers.
Reconstituted milk can be used for instant desserts and whipped products or for cooking and baking.

Requirements for Employees (.2616)

Hair restraints -- hairnets, caps, or wraparound visors are acceptable. Wigs and hair spray are not effective restraint. Counter staff, hosts/hostesses, and wait staff are not required to wear hair restraints if they are not dispensing food.
No infected individuals can work in a capacity in which they could contaminate food.
If a foodservice worker has a chronic cough and nasal discharge, assign the individual to a non-food related task.
Foodservice workers cannot handle food if they have boils or infected wounds.
Tobacco use in food preparation areas is prohibited.
Foodservice workers can consume beverages in food preparation and dishwashing areas as long as the beverage is covered and drunk with a straw.

Utensils and Equipment (.2617)

Construction materials must be smooth, not readily corrodible, and non-toxic and in which there are no open cracks or joints that will allow for the collection of food particles and slime.
Surfaces cannot be covered with paper, cardboard, oil cloth or other absorbent materials.
Meet National Sanitation Foundation (NSF) standards or equivalent. Exemptions include: toasters, mixers, microwave ovens, water heaters, and hoods.

Cleaning of Equipment and Utensils (.2618)

Wash, rinse, and sanitize after the day's operation, after each use, or upon completion of a meal.
Single-use articles, such as formed buckets, bread wrappers, aluminum pie plates, and Number 10 cans shall be used only once except that containers made of plastic, glass, or other non-food-grade material that have smooth sides and that are easily cleanable can be reused.
Pizza pans or similar type pans subjected to high temperatures do not require cleaning after each use or day's use.
Spray on sanitizing strength same as for immersion sanitizing.
Vegetable washing facilities required for large volumes of vegetable production.
Drain boards on each side of the three-compartment sink and other means to soak and scrape dirty equipment and utensils.
Two-compartment sink in the single-service area.
Hot water storage tanks at 130 degrees F or hotter when not used for sanitizing; at least 140 degrees F or hotter when used for sanitizing.

Methods of Bactericidal Treatment (.2619)

If using hot water at 170 degrees F for sanitizing, then need a booster heater must be installed.
Chemical-based sanitizers require a contact time of at least two minutes.
Chlorine-based sanitizers at 50 ppm in at least 75 degrees F water.
Iodophor-based sanitizers at 12.5 ppm in 75 degrees F water. Water must be at a pH of less than or equal to 5.0.
Quat-based sanitizers must be at 200 ppm in water at least at 75 degrees F.

Storage and Handling of Utensils and Equipment (.2620)

Single-service cup dispensers must be used when single-service cups are used.
Spoons, spatulas, dippers, used for dispensing frozen desserts, must be kept in dipper wells with running water or stored in the food product.
Stored clean in a clean place.

Drinking Water Facilities (.2612)

Can serve water from pitchers.

Storage, Handling, and Use of Ice (.2622)

Storage containers must have rims and covers to prevent spillage and drip.
Ice scoop/spoon can b e stored in ice with handle extended or on a clean surface. An ice scoop/spoon cannot be stored in water.

Water Supply (.2623)

Water samples must be collected annually for bacteriological analysis.

Toilet Facilities (.2624)

Located so customers do not pass through the kitchen.
Accessible to employees and customers during all business hours.

Lavoratory Facilities (.2625)

Hot and cold and combination faucet must be available.
At least one handwashing sink must be in the kitchen.
Cannot use dishwashing sinks, vegetable sinks, and pot sinks for handwashing because might introduce contaminants to sink and food that is prepared there.

Disposal of Waste (.2626)

Garbage must be stored in containers with tight-fitting lids.
Remove frequently and wash cans.
Facilities to wash mops and garbage cans must be available.
Lids do not have to be on cans that are in use at work stations where food is being prepared.

Floors (.2627)

Approved flooring materials include sealed concrete, terrazzo, quarry or vinyl tile, wood covered with composition flooring or equivalent.
Floor joints must be rounded or provided with tight molding.
Where water discharged to floor, the floor must be sloped to a floor drain.
Carpeting is acceptable in dining areas.

Walls and Ceilings (.2628)

Approved wall materials include glazed tile, fiberglass reinforced panels, stainless steel, wood or metal, wall board painted with washable, non-absorbent paint, brick, cinder blocks, slag blocks or concrete blocks. Blocks must be glazed, tiled, plastered, or filled to provide a smooth, easily cleanable surface.
Ceilings must be washable. Approved materials for constructing ceilings include but are not limited to: perforated or non-perforated vinyl faced acoustical tile, fiberglass reinforced panels, and painted wall board.

Doors and Windows (.2629)

Self-closing outside doors
Screened windows

Lighting (.2630)

50-foot candles in food preparation areas at utensil washing work levels
10-foot candles at 30 inches above the floor in other areas

Ventilation (.2613)

Must be clean and in good repair.

Storage Spaces (.2632)

Immobile shelves must be at least 12 inches above the floor.
Portable shelves must be at least 6 inches above the floor.
Shelves must be at least one inch from the wall.
No storage is allowed under exposed sewer lines.

Premises: Miscellaneous (.2633)

No foodservice operations conducted in any room used for domestic purposes.
Toxic materials stored in a special area and plainly marked.