Summary of Revisions Colorado Retail Food Establishment

Rules & Regulations

Effective March 1, 2013

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DEFINITIONS (Chapter 1)• Cut Leafy Greens – New Definition • Food Allergen – New Definition• Highly Susceptible Population – New Definition

MANAGEMENT AND PERSONNEL (Chapter 2)• Demonstration of Knowledge (*Sec. 2-102) – Changes • Reportable Illness Requirements (Sec. 2-201) – Changes • Employee Exclusions and Restrictions (Sec. 2-202) – Changes• Removal, Adjustment, or Retention of Restrictions (Sec. 2-203) - Expanded• Handwashing (*Sec. 2-403) – Expanded

FOOD (Chapter 3)Characteristics• Food and Color Additives (Sec. 3-101) – Mention

Sources and Specifications• Shellfish and Fish Source (*Sec. 3-201) – Added Language• Freezing Specification for Fish (*Sec. 3-202) – New • Hermetically Sealed Food (*Sec. 3-302)• Raw Milk Distribution (*Sec. 3-305) – Revised • Wild Mushrooms (*Sec. 3-306) – Revised • Game and Exotic Species (*Sec. 3-307) – Expanded • Egg Packaging, Labeling and Pooling (*Sec. 3-308) – Expanded • Whole-muscle, Intact Beef Steaks (*Sec. 3-313) – New Section

Protection From Contamination After Receiving• Glove Use (*Sec. 3-402) – New • Preventing Contamination when Tasting (*Sec -403) – New Section • Packaged and Unpackaged Food (Sec. 3-406) – New Section • Pasteurized Egg Use (*Sec. 3-407) – Language Clarified • Washing Fruits and Vegetables (Sec. 3-408) – Revised and Expanded • Condiment Protection (Sec. 3-416) – Additions • Consumer Self-Service (*Sec. 3-417) – Additions

Destruction of Organisms of Public Health Concern• Temperature (*Sec. 3-501) – FAQ • Cooking PHF (*Sec. 3-502) – Additions and Changes • Non-continuous Cooking (*Sec. 3-503) – New Section • Preparation for Immediate Service (Sec. 3-505) - Additions

ContentsClick on the topic below to be see details about the regulation change. To return to the Table of Contents page, click on “Return to Table of Contents” on the bottom of any page.

‘Chapter’ refers to the related chapter in the Colorado Retail Food Establishment Rules and Regulations.

FOOD (Chapter 3) continuedLimitation of Growth of Organisms• Thawing (Sec. 3-601) – Changes • Slacking (Sec. 3-602) – New • Time as Control (*Sec. 3-605) – Changes and Additions • Specialized Processing Methods (*Sec. 3-606) – New • Reduced Oxygen Packaging (*Sec. 3-607) – Changes and Additions • Breading Mixtures (Sec. 3-608) – New Section

On-premises Labeling• Labeling (Sec. 3-701) – Changes • Special Requirements for Highly Susceptible .Populations (*Sec. 3-702) – Addit

ions Consumer Advisory• Consumer Advisory (*Sec. 3-801) – New

WAREWASHING, EQUIPMENT, UTENSILS, AND LINENS (Chapter 4)• Equipment Requirements (Sec. 4-102) – Additions • Molluscan Shellfish Tanks (*Sec. 4-211) – Additions • Manual Cleaning and Sanitization (Sec. 4-403) – Changes

WATER, PLUMBING, AND WASTE (Chapter 5)• Water Supply (*Sec. 5-101) – Additions • Emergency Alternative Water Supply (*Sec. .5-105) – New Section • Handwashing (*Sec. 5-208) – Additions and Changes • Handwashing Sink Specifications (Sec. 5-208) – Additions • Toilets and Urinals (Sec. 5-209) – Changes • Dump Sinks (Sec. 5-210) – New Section

PHYSICAL FACILITIES (Chapter 6)• Dressing Rooms and Locker Areas (Sec. 6-503) – New Section

INSECT, RODENT, AND ANIMAL CONTROL (Chapter 8)• Prohibiting of Animals (Sec. 8-106) – Changes

MOBILE RETAIL FOOD ESTABLISHMENTS OR PUSHCARTS (Chapter 9)• Mobile Retail Food Establishment Requirements (Sec. 9-101) – Changes

TEMPORARY RETAIL FOOD ESTABLISHMENTS (Chapter 10)• Temporary Retail Food Establishment Requirements (Sec. 10-101) – Changes

COMPLIANCE PROCEDURES (Chapter 11)• Imminent Health Hazards (Sec. 11-.204) – Expanded Definition

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Cut Leafy Greens – NewCut leafy greens are defined as leaves that have been cut, shredded, sliced, chopped, or torn. It does not include herbs such as cilantro or parsley. Types include: • Iceberg, romaine, leaf, butter, and baby leaf lettuce (i.e.,

immature lettuce or leafy greens)• Escarole• Endive• Spring mix• Spinach• Cabbage• Kale• Arugula• Chard

Major Food Allergens – NewMajor food allergens are defined as:• Milk• Egg• Fish (including shellfish)• Tree Nuts• Wheat• Peanuts• Soybeans

Definitions (Chapter 1)

Highly Susceptible Population – NewA highly susceptible population is defined as: Persons who are more likely than other people in the general population to experience foodborne disease because they are immunocompromised, preschool age children, or older adults; and they obtain food at a facility that provides services such as nutritional or socialization services like at a senior center, or custodial care, health care, or assisted living, including: • child or adult day care center• kidney dialysis center• hospital or nursing home

ADDITIONAL CHANGES TO DEFINITIONS• Drinking Water • Potentially Hazardous Food (Time/Temp Control for Safety)

(PHF/TCS)• Reduced Oxygen Packaging • Service Animal • Slacking

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Demonstration of Knowledge (*Sec. 2-102) – ChangesDuring inspections and upon request, the person in charge must demonstrate knowledge of foodborne disease prevention by:

• Explaining the relationship between maintaining the time and temperature of potentially hazardous food (time/temperature control for safety food)

• Explaining how the person in charge and employees comply with reporting illness• Explaining the hazards of undercooked foods• Describing the critical control points (handwashing, BHC, etc.)• HACCP plans• Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive

individual who has an allergic reaction.• Explaining correct procedures for cleaning and sanitizing utensils and food contact surfaces of equipment

Reportable Illness Requirements (Sec. 2-201) – ChangesView the revised Food Handler Illness Guidelines for a complete explanation of the responsibility of employees and the person in charge to report illnesses.

Management and Personnel (Chapter 2)Demonstration of Knowledge, Illness Reporting Requirements

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Employee Exclusions and Restrictions (Sec. 2-202) – Changes Employees must wash hands:

• after using restroom AND• after returning to food preparation, food storage, equipment storage, and ware washing areas from using the restroom

Removal, Adjustment, or Retention of Exclusions and Restrictions (Sec. 2-203) – ExpandedReview the Employee Illness Guidelines flowchart for an overview of removal, adjustment, exclusion or restriction of a food employee. NOTE: Some illnesses require approval from the regulatory authority before returning back to work

Handwashing (*Sec. 2-403) – ExpandedHandwashing must always occur after using the restroom.

Management and Personnel (Chapter 2)Employee Exclusions & Restrictions, Handwashing

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Food and Color Additives (*Sec. 3-101) – Mention• Food must be safe and unadulterated• Food must not contain unsafe or unapproved food or color additives (per 21 CFR 170-186)

Food (Chapter 3)Food Characteristics

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Shellfish and Fish Source Must Be Approved (*Sec. 3-201) – Added Language about Sources• Molluscan shellfish (oysters, mussels, clams) must be obtained from approved source (such as those listed by the

National Shellfish Sanitation Program Guide). Recreationally caught molluscan shellfish is not allowed. • Raw shucked shellfish must:

– Be in nonreturnable package – Have a legible label containing all required information

Freezing Specification for Fish (*Sec. 3-202) – NewFish may be:

• frozen to -31˚F until solid• stored at -4˚F for at least 24 hours

Hermetically Sealed Food (*Sec. 3-302) – NewHermetically sealed food must meet container integrity guidelines. Refer to the “Guide to Can Defects and Basic Components of Double Seam Containers”, November 2011, Association of Food and Drug Officials

Food (Chapter 3)Food Sources & Specifications: Shellfish & Fish, Freezing, Hermetically Sealing

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Raw Milk Distribution (*Sec. 3-305) – RevisedRaw milk in retail food establishments:

• May only be distributed by registered farms or dairies• Only an owner or shareholder of a cow, goat, or dairy herd may

− distribute raw milk from a retail food establishment− receive raw milk from the farm or dairy where the cow or goat is located

• Must have a prominent warning statement on the container that milk is not pasteurized• Must be stored in a separate refrigerator• Must not display or allow access to raw milk by the public

Wild Mushrooms (*Sec. 3-306) – RevisedApproved qualified mushroom experts must:

• Identify county(ies) and Retail Food Establishments they supply • Provide genus and species of mushrooms • Provide written verification detailing qualifications • Provide a written letter of reference • Maintain records for at least two years • Supply invoice to buyer that identifies:

− Variety by common name, genus, and species− Quantity− Supplier’s name, address, and date of packing

Food (Chapter 3) Sources & Specifications: Raw Milk, Wild Mushrooms

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Food (Chapter 3) Sources & Specifications: Exotic Species, Egg Packaging and Pooling, Beef Steaks

Game and Exotic Species (*Sec. 3-307) – Expanded• Expanded to detail specific animals and regulatory authority

Egg Packaging, Labeling and Pooling (*Sec. 3-308) – ChangesEgg cartons must:• Be new and properly labeled• Include FDA Safe Handling Instructions (packaged or loose )• Pooling of raw shell eggs is only allowed if eggs are 41˚F or below when cracked and maintained at 41˚F or below until cooked

Whole-muscle, Intact Beef Steaks (*Sec. 3-313) – New SectionWhole-muscle, intact beef steaks intended for consumption in undercooked form without consumer advisory must be:• Labeled by plant that they meet definition OR • Deemed acceptable by Boulder County Public Health

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Glove Use (*Sec. 3-402) – New Section• Single-use gloves may only be used for one task• Slash-resistant gloves must only be used in direct contact with food that will be cooked afterward• Slash-resistant gloves may be used with ready-to-eat food if gloves have smooth, durable, nonabsorbent outer surface or are covered

with a glove that does• Cloth gloves may only be used if food is to be cooked afterward

Preventing Contamination when Tasting (*Sec. 3-403) – New SectionUtensils may only be used once to taste food that is to be sold or served

Packaged & Unpackaged Food (Sec. 3-406) – New Section• Food must be protected from cross contamination by separating raw animal foods from:

− Raw ready-to-eat food including raw animal food such as fish for sushi − Cooked ready-to-eat food

• Frozen, commercially processed and packaged raw animal food may be stored or displayed with or above frozen, commercially processed and packaged, ready-to-eat food.

Food (Chapter 3)Protection from Contamination after Receiving: Glove Use, Tasting,

Packaged & Unpackaged Food

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Food (Chapter 3)Protection from Contamination after Receiving: Pasteurized Eggs, Washing Fruits, Condiments,

Consumer Self-Service

Pasteurized Egg Use (*Sec. 3-407) – ClarifiedPasteurized egg or egg products must be substituted for raw eggs in the preparation of foods that are not fully cooked unless there is a Consumer Advisory in place

Washing Fruits and Vegetables (Sec. 3-408) – Additions • Raw fruits and vegetables must be washed under running water • New or extensively remodeled facilities must provide a food prep sink if the facility has food that requires washing

Condiment Protection (Sec. 3-416) – Addition• Condiment containers must be emptied, cleaned, and sanitized before more product can be added• In order to assure the container remains sanitary, there are no exemptions to the type of condiment (i.e., salt vs. ketchup) • Smaller amounts of product from multiple containers may not be pooled in order to fill a single container

Consumer Self-Service (*Sec. 3-417) – AdditionConsumer self-service operations such as buffets and salad bars must be monitored by food employees trained in safe operating procedures

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Temperature (*Sec. 3-501)Potentially hazardous foods must be kept at 41˚F or below except during necessary periods of preparation. Eggs may be allowed to rise above 41˚F as part of the baking process or pooled next to a griddle in order to cook to order.

Cooking Potentially Hazardous Foods (PHF) (*Sec. 3-502) – Additions and Changes1. New chart shows temperatures and times for cooking corned beef, lamb, and cured roasts 2. Undercooked whole-muscle, intact beef must be cooked to surface temperature of 145˚F with color change on all surfaces and

cannot be served to a highly-susceptible population3. Eggs must be cooked to 155˚F if not for immediate service4. Raw or partially cooked animal food may not be served unless ordered by the consumer and there is consumer advisory disclosure5. Raw or partially cooked animal food may not be served in facilities that service highly susceptible populations6. Raw or partially cooked comminuted meat (i.e., ground beef, sausage) cannot be offered on a children’s menu

– The requirements for the children’s menu (3-502 K.1) apply only to items on the child’s menu and are not relevant to the age of the child that orders off the menu. Conversely, if a child orders off the regular menu, the child’s menu requirements do not apply.

Non-continuous Cooking of Raw Animal Foods (*Sec. 3-503) – New Section7. Initial heating must be no longer than 60 min8. Must be cooled immediately after initial heating according to the time and temperature parameters specified for cooked potentially

hazardous food9. After cooling, held frozen or cold, as specified for potentially hazardous food10. Prior to service, cooked to at last 165˚F for 15 seconds11. Must have written procedures that detail preparation and storage

Preparation for Immediate Service (Sec. 3-505) – AdditionCooked refrigerated foods may be served at any temperature if for immediate service.

Food (Chapter 3)Destruction of Organisms of Public Health Concern

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Thawing (Sec. 3-601) – ChangesPotentially hazardous food must thaw by one of the following methods:• Under refrigeration 41˚F or less • As part of the cooking process• Completely submerged under running water:

• Packaging removed• At water temperature of 70˚F or below.• With sufficient velocity to agitate and float off loose particles• That does not allow thawed portions to rise above 41˚F• That does not allow thawed portions of raw animal food requiring cooking to rise above 41˚F for more than 4 hours including

time to thaw, cook or cool

• Vacuum packed fish should be thawed either by removing it from the package under running water or poking holes in the packaging and thawing under refrigeration in order to prevent the growth of Clostridium botulinum Type E

Slacking (Sec. 3-602) – New SectionSlacking is the process of moderating the temperature of a food. For example: Frozen shrimp from -10˚F to 25˚F to prepare for deep-fat frying or to help even heat penetration during cooking.

• Frozen Potentially Hazardous Food that is slacked must be held:• Under refrigeration that maintains the food at 41˚F or less OR• At any temperature if the food remains frozen

Food (Chapter 3)Limitation of Growth of Organisms: Thawing & Slacking

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Time as Control (*Sec. 3-605) – Changes and Additions• Max of 4 hours for food kept between 41˚F - 135˚F• Cold foods may be held for up to 6 hours if:

– Temperature does not exceed 70˚F– Temperature is monitored– Food is discarded immediately if it exceeds 70˚F– Food is labeled with 1) the time it was removed from temperature control and 2) the discard time

• Facilities that serve highly susceptible populations may not use time as control for raw eggs

Specialized Processing Methods (*Sec. 3-606) – New SectionAn HACCP plan and written approval is required for:

– Smoking food to preserve it (not required for flavor enhancement)– Curing food– Using additives or adding components to alter pH or water activity to preserve or make non-potentially hazardous food– Packaging food with a reduced oxygen packaging method (except as specified in 3-607)– Operating a molluscan shellfish display tank to display shellfish offered for consumption– Custom processing animals– Sprouting seeds or beans

Food (Chapter 3) Limitation of Growth of Organisms: Time as Control, Specialized Processing

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Reduced Oxygen Packaging (*Sec. 3-607) – Changes and AdditionsAn HACCP is required for Reduced Oxygen Packaging (ROP), but no pre-approval is needed for:

• Vacuum Packaging• Modified Atmosphere Packaging• Controlled Atmosphere Packaging• Cook Chill Packaging• Sous vide Packaging

NOTE: ROP does not include placing product in bag and sealing immediately prior to or after cooking, cooling, or reheating as long as product is labeled with time and date, placed in bag, and removed from bag within 48 hours.

Breading Mixtures (Sec. 3-608) – New SectionContainers of dry breading mix into which raw animal foods are dipped may be used for a total period of up to 7 days provided that:

• Containers are stored covered in a clean, dry area overnight and when not in use • Mixtures are sifted to remove excess moisture and dough balls at least every 4 hours while in use • Containers are completely emptied, cleaned, and sanitized, and the mixtures discarded at least every 7 days• The person in charge has a system in place to indicate the date the breading must be discarded

Food (Chapter 3)Limitation of Growth of Organisms: Reduced Oxygen Packaging, Breading Mixtures

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Labeling (Sec. 3-701) – ChangesFoods manufactured, packaged, and sold on or off site for consumer self service must be labeled (per C.R.S 25-5-401) including:

• Product name• Net weight• Ingredients• Facility name and contact information

Special Requirements for Highly Susceptible Populations (*Sec. 3-702) – Additions• Potentially hazardous, ready-to-eat foods held for more than 24 hours must include a date indicating a maximum of 7 days to use or

discard• If food is prepared/packaged by a processing plant:

– It must be marked with the date it was opened and the date to be used by or discarded– Day container is opened = Day 1– Date marked may not exceed manufacturer’s use-by date if use-by date is determined for food safety

• A food or ingredient combined with additional food or ingredient must retain the date marking of the earliest-prepared ingredient• A pre-approved HACCP is required for facilities serving highly susceptible populations and using Reduced Oxygen Packaging methods• Any food served to patients or clients under contact precautions in medical isolation or quarantine, or protective environment isolation

may not be re-served to others outside of isolation• Packages of food from patients, clients, or other consumers should not be re-served to persons in protective environment isolation

Food (Chapter 3)On-Premise Labeling

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Consumer Advisory (*Sec. 3-801) – New SectionOne of the following consumer advisory disclosures and reminders is required if an animal food is served or sold raw, undercooked, or processed to eliminate pathogens.

1. Regarding the safety of these items, written information is available upon request2. Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness3. Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if

you have certain medical conditions

Food (Chapter 3) Consumer Advisory

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Equipment Requirements (Sec. 4-102) – AdditionFacilities selling only pre-packaged food, uncut raw fruits and vegetables, or whole nuts in the shell do not need to meet the minimum requirements regarding equipment and utensil washing facilities

Molluscan Shellfish Tanks (*Sec. 4-211) – Additions• Without an approved HACCP plan, shellfish tanks or life-support systems may not be used to store or display shellfish that are for

human consumption• Tank must be clearly marked as being for display only

Manual Cleaning and Sanitization (Sec. 4-403) – ChangesNew or remodeled facilities must have a 3-compartment sink, even if they use a dish machine

Warewashing, Equipment, Utensils, and Linens (Chapter 4)Equipment Requirements, Molluscan Shellfish Tanks, Manual Cleaning & Sanitation

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Water Supply (*Sec. 5-101) – AdditionsIf a Retail Food Establishment does not meet the definition of having a public water system it must ensure:

• Adequate and continuous treatment to the water source• Quarterly sampling for bacteriological contaminants • Colorimetric test kit for testing free chlorine• Free chlorine levels remain between trace to 4 mg/liter• Sample reports are retained and made available upon request

Emergency Alternative Water Supply (*Sec. 5-105) During temporary interruption of water service or emergency that impacts the drinking water supply, establishments may continue to operate, with Boulder County Public Health approval, using an alternative water supply such as:

• Commercially bottled drinking water• One or more closed portable water containers• An enclosed vehicular drinking water storage tank• An on-premises drinking water storage tank• Piping, tubing, or hoses connected to an adjacent approved source

Handwashing (*Sec. 5-208) – Additions and Changes• Water temperature requirements for hand sinks has increased from 90˚F to 100˚F • Each hand sink or group of adjacent hand sinks must have a supply of:

1. Hand cleansing soap or detergent and2. A continuous cloth towel system, disposable towels, or hand-drying device with heated or high-velocity air

• Hand towels must be stored to protect unused towels from becoming contaminated• An automatic handwashing facility may be used if installed according to the manufacturer’s specifications and at least one additional

hand sink is easily accessible

Water, Plumbing, and Waste (Chapter 5)Water Supply, Alternative Water Supply, Handwashing

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Handwashing Sink Specifications (Sec. 5-208) – Additions1. In new or extensively remodeled facilities, hand sink floodrims must be 30-48” above the floor and have a basin at least 10” in

diameter 2. If there are cabinets or other fixtures above the sink, a minimum 24” of clearance must be provided above the flood rim and bottom

of the lowest fixture3. When a hand sink is installed in a counter top, the faucets must be within 24” of the front edge of the counter top

Toilets and Urinals (Sec. 5-209) – ChangesA toilet room located on the premises must be completely enclosed and provided with a tight-fitting and self-closing door

Dump Sinks (Sec. 5-210) – New SectionNew or remodeled facilities where glasses are emptied and staged for warewashing, such as bars, juice bars, coffee bars, drink stations, and wait stations must provide a dump sink for the sanitary disposal of liquid drink waste such as ice.

Water, Plumbing, and Waste (Chapter 5)Handwashing Sink, Toilets & Urinals, Dump Sinks

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Dressing Rooms and Locker Areas (Sec. 6-503) – New Section • Dressing rooms must be designated if employees routinely change their clothes in the establishment • Designated areas must be provided for the orderly storage of employee clothing and other personal belongings • Employee food must be stored in a designated area and in a covered, leak-proof container

Physical Facilities (Chapter 6)Dressing Rooms & Locker Areas

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Prohibiting of Animals (Sec. 8-106) – Changes• Live animals are prohibited in Retail Food Establishments except for:

– Decorative and display tanks– Patrol dogs accompanying police or security officers– Service animals (see definition)– Within institutional care facilities outside of meal times

• Live animals are prohibited in food prep areas

Insect, Rodent, and Animal Control (Chapter 8)

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Mobile Retail Food Establishment (Sec 9-101) – Additions• Equipment must be installed and/or mounted within the mobile unit with the exception of a grill and/or a smoker• All foods shall be prepared, assembled, and served from within the mobile unit and not from the external piece of cooking

equipment.• Pushcarts are limited to cooking approved menu items

Water System (Sec. 9-104) – Expanded• Additional guidelines related to water supply tank, flow, and heating

Commissary (Sec. 9-107) – Revised and Expanded• A mobile unit may not be use as a commissary for another mobile unit• Sections A, D, and E have been revised and expanded

Additional Requirements (Sec. 9-108) – NewAdditional requirements for mobile units.

Mobile Retail Food Establishments or Pushcarts (Chapter 9)

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Temporary Retail Food Establishment (Sec. 10-101) – Revised An application must be submitted to Boulder County Public Health at least 10 days before each event

Operations (Sec. 10-102) – Revised Food preparation at the event is limited to seasoning, cooking, assembly of pre-prepared foods. All slicing, chopping, peeling, dicing, shredding and washing of produce must be done at an approved commissary.

Commissary (Sec. 10-103) – NewOutlines minimum requirements for commissaries for vendors

Minimum Event Site Equipment Requirements (Sec. 10-104) – NewOutlines minimum equipment requirements for event sites.

Ice (Sec. 10-105) – Revised All ice must be made using drinking water

Waste (Sec. 10-109) – Revised Removed sentence about wastewater draining to ground

Handwashing (Sec. 10-110) – Revised • A minimum of five (5) gallons of drinking water must be provided for hand washing • A basin that can capture waste water from hand washing waste water must be available

Overhead Protection (Sec. 10-113) – New• Overhead protection must be provided • Grease-producing equipment, or open flames should not be located under overhead protection

Temporary Retail Food Establishments (Chapter 10)

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Imminent Health Hazards (Sec. 11-204) – Expanded DefinitionEstablishment must immediately cease food operations and must not resume until authorized by the Department. These hazards include but are not limited to:

– Absence of adequate refrigeration– No water supply– Non functional water heating system– Severe and active pest infestation– Sewage backup into the establishment

Compliance Procedures (Chapter 11)