Section 11-50-32 - Protection from contamination after receiving(a) Pr eventing contamination from hands,(1) Food employees shall wash their hands as specified in section 11-50-22(b);(2) Except when washing fruits and vegetables as specified in subsection (g) or as specified in paragraph (4), food employees may not contact exposed, ready-to-eat food with their bare hands - and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment;(3) Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form;(4) Paragraph (2) does not apply to a food employee that contacts exposed, ready-to-eat food with bare hands at the time the ready-to-eat food is being added as an ingredient to a food that:(A) Contains a raw animal food and is to be cooked in the food establishment to heat all parts of the food to the minimum temperature specified in section 11-50-33(a)(1)-(2) or 11-50-33(b); or(B) Does not contain a raw animal food but is to be cooked in the food establishment to heat all parts of the food to a temperature of one hundred forty-five degrees Fahrenheit.(5) Food employees not,serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if: (A) The owner or operator obtains prior approval from the department;(B) Written procedures are maintained in the food establishment and made available to the department upon request that include: (i) For each bare hand contact procedure, a listing of the specific ready-to-eat foods that are touched by bare hands; (ii) Diagrams and other information showing that handwashing facilities, installed, located, equipped, and maintained as specified in sections 11-50-61(g), (l), (o) and 11-50-72(b), (c), and (e), are in an easily accessible location and in close proximity to the work station where the bare hand contact procedure is conducted;(C) A written employee health policy that details how the food establishment complies with section 11-50-21(a), (b), and (c) including: (i) Documentation that food employees and conditional employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food as specified in section 11-50-21(a)(1);(ii) Documentation that food employees and conditional employees acknowledge their responsibilities as specified in section 11-50-21(a) (5); and(iii) Documentation that the person in charge acknowledges the responsibilities as specified in section 11-50-21(a) (2) to (4), (b), and (c);(D) Documentation that food employees acknowledge that they have received training in: (i) The risks of contacting the specific ready-to-eat foods with bare hands;(ii) Proper handwashing as specified in section 11-50-22(b);(iii) When to wash their hands as specified in section 11-50-22(c);(iv) Where to wash their hands as specified in section 11-50 22(d);(v) Proper fingernail maintenance as specified in section 11-50-22(f);(vi) Prohibition of jewelry as specified in section 11-50-22(g); and(vii) Good hygienic practices as specified in section 11-50-23(a) and (b);(E) Documentation that hands are washed before food preparation and as necessary to prevent cross contamination by food employees as specified in section 11-50-22(a), (b), (c), and (d) during all hours of operation when the specific ready-to-eat foods are prepared;(F) Documentation that food employees contacting ready-to-eat food with bare hands use two or more of the following control measures to provide additional safeguards to hazards associated with bare hand contact:(iii) A hand antiseptic after handwashing as specified in section 11-50-22(e);(iv) Incentive programs such as paid sick leave that assist or encourage food employees not to work when they are ill; or (v) Other control measures approved by the director; and(G) Documentation that corrective action is taken when subparagraphs (A) to (F) are not followed.(b) A food employee may not use a utensil more than once to taste food that is to be sold or served.(c) Packaged and unpackaged food - separation, packaging, and segregation. (1) Food shall be protected from cross contamination. by:(A) Except as specified in clause (iii), separating raw animal foods during storage, preparation, holding, and display from:(i) Raw ready-to-eat food including other raw animal food such as fish for sushi or molluscan shellfish, or other raw, ready-to-eat food such as fruits and vegetables; and (ii) Cooked ready-to-eat food; (iii) 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;(B) Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by: (i) Using separate equipment for each type; (ii) Arranging each type of food in equipment so that cross contamination of one type with another is prevented; or (iii) Preparing each type of food at different times or in separate areas;(C) Cleaning equipment and utensils as specified in section 11-50-50(b)(1) and sanitizing as specified in section 11-50-51(c);(D) Except as specified in section 11-50-34(6)(2)(B) and in paragraph (2), storing the food in packages, covered containers, or wrappings;(E) Cleaning hermetically sealed containers of food of visible soil before opening;(F) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened,*(G) Storing damaged, spoiled, or recalled food being held in the food establishment as specified in section 11-50-73(c); and(H) Separating fruits and vegetables, before they are washed as specified in subsection (g) from ready-to-eat food;(2) Paragraph (1)(D) does not apply to:(A) Whole, uncut, raw fruits and vegetables and nuts in the shell, that requires peeling or hulling before consumption;(B) Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;(C) Whole, uncut, processed meats such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks;(D) Food being cooled as specified in section 11-50-34(6)(2)(B); or(d) Except for containers holding food that can be readily and unmistakably recognized, such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the food establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the food.(e) Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of foods such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are not:(1) Cooked as specified in section 11-50-33(a)(1)(A) or (B); or(2) Included in section 11-50-33(a)(4).(f) Protection from unapproved additives. (1) Food shall be protected from contamination that may result from the addition of, as specified in section 11-50-31(i): (A) Unsafe or unapproved food or color additives; and(B) Unsafe or unapproved levels of approved food and color additives;(2) A food employee may not: (A) Apply sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1; or(B) Except for grapes, serve or sell food specified in subparagraph (A) that is treated with sulfiting agents before receipt by the food establishment.(g) Washing fruits and vegetables. (1) Except as specified in paragraph (2) and except for whole, raw fruits and vegetables that are intended for washing by the consumer before consumption, raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form;(2) Fruits and vegetables may be washed by using chemicals approved by the department.(h) After use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment, ice may not be used as food.(i) Storage or display of food in contact with water or ice.(1) 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;(2) Except as specified in paragraphs (3) and (4), unpackaged food may not be stored in direct contact with undrained ice;(3) 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;(4) Raw poultry 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.(j) Food shall only contact surfaces of:(1) Equipment and utensils that are cleaned as specified in section 11-50-50 and sanitized as specified in section 11-50-51; or(2) Single-service and single-use articles; or(3) Linens, such as cloth napkins, as specified in subsection (1) that are laundered as specified in section 11-50-52.(k) During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored: (1) Except as specified in paragraph (2), in the food with their handles above the top of the food and the container;(2) In food that is not potentially hazardous (time/temperature control for safety food) with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;(3) On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified in sections 11-50-50(b) and 11-50-51(b);(4) In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;(5) In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not potentially hazardous (time/temperature control for safety food);(6) In a container of water if the water is maintained at a temperature of at least one hundred thirty-five degrees Fahrenheit and the container is cleaned at a frequency specified in section 11-50-50(b)(4)(G); or(7) In any other manner approved by the department. (l) Linens, such as cloth napkins, may not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new consumer.(m) Wiping cloths, use limitation. (1) Cloths in-use for wiping food spills from tableware and carry-out containers that occur as food is being served shall be: (B) Used for no other purpose;(2) Cloths in-use for wiping counters and other equipment surfaces shall be: (A) Held between uses in a chemical sanitizer solution at a concentration specified in section 11-50-49(m); and(B) Laundered daily as specified in section 11-50-52(b)(i);(3) Cloths in-use for wiping surfaces in contact with raw animal foods shall be kept separate from cloths used for other purposes;(4) Dry wiping cloths and the chemical sanitizing solutions specified in paragraph (2)(A) in which wet wiping cloths are held between uses shall be free of food debris and visible soil;(5) Containers of chemical sanitizing solutions specified in paragraph (2)(A) in which wet wiping cloths are held between uses shall be stored off the floor and used in a manner that prevents contamination of food, equipment, utensils, linens, single-service, or single-use articles;(6) Single-use disposable sanitizer wipes shall be used in accordance with EPA approved manufacturer's label use instructions.(n) Gloves, use limitation. (1) If used, single-use gloves shall be used for only one task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation;(2) Except as specified in paragraph (3), slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified in section 11-50-33 such as frozen food or a primal cut of meat;(3) Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface; or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove;(4) Cloth gloves may not be used in direct contact with food unless the food is subsequently cooked as required in section 11-50-33 such as frozen food or a primal cut of meat-(o) Using clean tableware for second portions and refills, (1) Except for refilling a consumer's drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, food employees may not use tableware, including single-service articles, soiled by the consumer, to provide second portions or refills;(2) Except as specified in paragraph (3), self-service consumers may not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment;(3) Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process as specified in section 11-50-46(p)(1), (2), and (4).(p) Refilling returnables. (1) Except as specified in paragraphs (2)-(5) of this section, empty containers returned to a food establishment for cleaning and refilling with food shall be cleaned and refilled in a regulated food processing plant.(2) A take-home food container returned to a food establishment may be filled at a food establishment with food if the food container is: (A) Designed and constructed for reuse and in accordance with the requirements specified under sections 11-50-45 and 11-50-46.(B) One that is initially provided by the food establishment to the consumer, either empty or filled with food by the food establishment, for the purpose of being returned for reuse;(C) Returned to the food establishment by the consumer after use;(D) Subject to the following steps before being refilled with food: (i) Cleaned as specified under section 11-50-50, (ii) Sanitized as specified under section 11-50-51, and (iii) Visually inspected by a food employee to verify that the container, as returned, meets the requirements specified under sections 11-50-45 and 11-50-46. (3) A take-home food container returned to a food establishment may be refilled at a food establishment with beverage if:(A) The beverage is not a potentially hazardous food;(B) The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the food establishment;(C) Facilities for rinsing before refilling returned container with fresh, hot water that is under pressure and not recirculated are provided as part of the dispensing system;(D) The consumer-owned container returned to the food establishment for refilling is refilled for sale or service only to the same consumer; and(E) The container is refilled by: (i) An employee of the food establishment, or(ii) The owner of the container if the beverage system includes a contamination-free transfer process as specified under section 11-50-46(p)(1), (2), and (4) that cannot be bypassed by the container owner.(4) Consumer-owned, personal take-out beverage containers, such as thermally insulated bottles, nonspill coffee cups, and promotional beverage glasses, may be refilled by employees or the consumer if refilling is a contamination-free process as specified under section 11-50-46(p)(1), (2), and (4).(5) Constuner-owned containers that are not food-specific may be filled at a water vending machine or system.(q) Food storage. (1) Except as specified in paragraphs (2) and (3), food shall be protected from contamination by storing the food: (A) In a clean, dry location;(B) Where it is not exposed to splash, dust, or other contamination; and(C) At least six inches above the floor;(2) Food in packages and working containers may be stored less than six inches above the floor on case lot handling equipment as specified in section 11-50-46(ii);(3) Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.(r) Food may not be stored: (6) Under sewer lines that are not shielded to intercept potential drips;(7) Under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;(8) Under open stairwells; or(9) Under other sources of contamination.(s) Potentially hazardous food (time/temperature control for safety food) dispensed through a vending machine shall be in the package in which it was placed at the food establishment or food processing plant at which it. was prepared.(t) During preparation, unpackaged food shall be protected from environmental sources of contamination.(u) Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means.(v) Condiments, protection. (1) Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or individual packages or portions;(2) Condiments at a vending machine location shall be in individual packages or provided in dispensers that are filled at an approved location, such as the food establishment that provides food to the vending machine location, a food processing plant that is regulated by the agency that has jurisdiction over the operation, or a properly equipped facility that is located on the site of the vending machine location.(w) Consumer self-service operations. (1) Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish may not be offered for consumer self-service. This paragraph does not apply to: (A) Consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi, sashimi, poke, or raw shellfish;(B) Ready-to-cook individual portions for immediate cooking and consumption on the premises such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue or yakiniku;(C) Raw, shell-on shrimp, or crustacean; or(D) Raw, whole, unprocessed fish that are naturally protected from contamination by a shell or skin;(2) Consumer self-service operations shall be provided with suitable utensils or effective dispensing methods that protect the food from contamination;(3) Consumer self-service operations such as buffets and salad bars shall be monitored by food employees trained in safe operating procedures.(x) When food sample demonstrations and food promotions are authorized in the establishment, the person in charge shall ensure that those activities comply with the applicable sanitation provisions of this chapter.(y) Returned food and re-service of food. (1) Except as specified in paragraph (2), after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer may not be offered as food for human consumption;(2) Except as specified in section 11-50-37(a)(7), a container of food that is not potentially hazardous (time/temperature control for safety food) may be re-served from one consumer to another if; (A) The food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or(B) The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.(z) Food shall be protected from contamination that may result from a factor or source not specified in subsections (a) to (y). [Eff FEB 24 2014] (Auth: HRS § 321-11) (Imp: HRS § 321-11)