Turtle Mountain Law Library
Turtle Mountain Band of Chippewa Indians Tribal Code.

16.09.020 Food Protection

All food while being stored, prepared, displayed, served, or sold at food-service establishments, or during transportation between such establishments, shall be protected from contamination. All perishable food shall be stored at such temperatures as will protect against spoilage. All potentially hazardous food shall be maintained at safe temperatures (45 degrees F. or below, or 140 degrees F. or above), except during necessary periods of preparation and service. Raw fruits and vegetables shall be washed before use. Stuffings, poultry, stuffed meats and poultry and pork and pork products shall be thoroughly cooked before being served. Individual portions of food once served to the customer shall not be served again provided: that wrapped food which has not been unwrapped and which is wholesome may be re-served.

Only such poisonous and toxic materials as are required to maintain sanitary conditions and for sanitization purposes may be used or stored in food-service establishments. Poisonous and toxic materials shall be identified, and shall be used only in such manner and under such conditions as will not contaminate food or constitute a hazard to employees or customers.

Reason: Wholesome food, if mishandled, can become contaminated from a number of sources. Food protection measures are designed to eliminate the contamination of food from any source within the establishment, and to prevent the growth of disease-producing organisms, and the production of bacterial toxins, in the event that pathogens are present in the food.

Proper food-protection measures should include:

(a) strict observation of personal hygiene by all food-service employees;

(b) keeping potentially hazardous food refrigerated or heated at all times to temperatures which preclude the growth of any pathogenic organisms which may be present;

(c) application of good sanitation practices in the storage, preparation, display, and service of food;

(d) adequate cooking of certain food of animal origin to assure destruction of pathogenic organisms which may be present;

(e) thorough washing of fruits and vegetables; and

(f) the provision of adequate equipment and facilities for the proper conduct of operations. In addition, food must be protected against accidental contamination with any toxic substance.

Compliance: This subsection shall be deemed to have been satisfied when the following requirements are met:

(g) General:

(1) All food, while being stored, prepared, displayed, served, or sold in food service establishments, or transported between such establishments, shall be protected against contamination from dust, flies, rodents, and other vermin; unclean utensils and work surfaces; unnecessary handling; coughs and sneezes; flooding, drainage, and overhead leakage; and any other source.

(2) Conveniently located refrigeration facilities, hot food storage and display facilities, and effective insulated facilities, shall be provided as needed to assure the maintenance of all food at required temperatures during storage, preparation, display, and service. Each cold-storage facility used for the storage of perishable food in nonfrozen state shall be provided with an indicating thermometer accurate to +2 degrees F., located in the warmest part of the facility in which food is stored, and of such type and so situated that the thermometer can be easily and readily observed for reading.

(h) Temperatures:

(1) All perishable food shall be stored at such temperatures as will protect against spoilage.

(2) All potentially hazardous food shall, except when being prepared and served, and when being displayed for service, be kept at 45 degrees F. or below, or 140 degrees F. or above.

(3) All potentially hazardous food, when placed on display for service, shall be kept hot or cold as required hereafter:

(4) If served hot, the temperature of such food shall be kept at 140 degrees F. or above;

(5) If served cold, such food shall be:

(A) Displayed in or on a refrigerated facility which can reduce or maintain the product temperature at 45 degrees F. or below; or

(B) Pre-chilled to a temperature of 45 degrees F. or below, when placed on display for service, and the food temperature shall at no time during the display period exceed 55 degrees F.

(6) Following preparation, hollandaise and other sauces which, pending service, must be held in the temperature range of 45 degrees F. to 140 degrees F., may be exempt from the temperature requirements of this subsection, if they are prepared from fresh ingredients and are discarded as waste within three (3) hours after preparation. Where such sauces require eggs as an ingredient, only shell eggs shall be used.

(7) Frozen food shall be kept at such temperatures as to remain frozen, except when being thawed for preparation or use. Potentially hazardous frozen food shall be thawed at refrigeration temperatures of 45 degrees F. or below; or under cool, potable running water (70 degrees F. or below); or quick-thawed as part of the cooking process; or by any other method satisfactory to the health authority.

(i) Preparation:

(1) Convenient and suitable utensils, such as forks, knives, tongs, spoons, or scoops, shall be provided and used to minimize handling of food at all points where food is prepared.

(2) All raw fruits and vegetables shall be washed thoroughly before being cooked or served.

(3) Stuffings, poultry, and stuffed meats and poultry, shall be heated, throughout, to a minimum temperature of 165 degrees F., with no interruption of the initial cooking process.

(4) Pork and pork products which have not been specially treated to destroy trichinae shall be thoroughly cooked to heat all parts of the meat to at least 150 degrees F.

(5) Meat salads, poultry salads, potato salad, egg salad, cream-filled pastries, and other potentially hazardous prepared food shall be prepared (preferably from chilled products) with a minimum of manual contact, and on surfaces and with utensils which are clean and which, prior to use, have been sanitized.

(6) Custards, cream fillings, or similar products which are prepared by hot or cold processes, and which are used as puddings or pastry fillings, shall be kept at safe temperatures, except during necessary periods of preparation and service, and shall meet the following requirements as applicable:

(7) Pastry fillings shall be placed in shells, crusts, or other baked goods either while hot (not less than 140 degrees F.) or immediately following preparation, if a cold process is used; or

(8) Such fillings and puddings shall be refrigerated at 45 degrees F. or below in shallow pans, immediately after cooking or preparation, and held thereat until combined into pastries, or served.

(9) All completed custard-filled and cream-filled pastries shall, unless served immediately following filling, be refrigerated at 45 degrees F. or below promptly after preparation, and held thereat pending service.

(j) Storage:

(1) Containers of food shall be stored above the floor, on clean racks, dollies, or other clean surfaces, in such a manner as to be protected from splash and other contamination.

(2) Food not subject to further washing or cooking before serving shall be stored in such a manner as to be protected against contamination from food requiring washing or cooking.

(3) Wet storage of packaged food shall be prohibited.

(k) Display and Service:

(1) Where unwrapped food is placed on display in all types of food-service operations, including protected against contamination from customers and other sources by effective, easily cleanable, counter-protector devices, cabinets, display cases, containers, or other similar type of protective equipment. Self-service openings in counter guards shall be so designed and arranged as to protect food from manual contact by customers.

(2) Tongs, forks, spoons, picks, cylinders, spatulas, scoops, and other suitable utensils shall be provided and shall be used by employees to reduce manual contact with food to a minimum. For self-service by customers, similar implements shall be provided.

(3) Dispensing scoops, spoons, and dippers, used in serving frozen desserts, shall be stored, between uses; either in an approved running water dipper well, or in a manner approved by the health authority.

(4) Sugar shall be provided only in closed dispensers or in individual packages.

(5) Individual portions of food once served to a customer, shall not be served again; Provided, that wrapped food, other than potentially hazardous food, which is still wholesome and has not been unwrapped, may be reserved.

(l) Transportation:

(1) The requirements for storage, display, and general protection against contamination, as contained in this subsection, shall apply in the transporting of all food from a foodservice establishment to another location for service or catering operations, and all potentially hazardous food shall be kept at 45 degrees F. or below, or 140 degrees F. or above, during transportation.

(2) During the transportation of food from a food-service establishment, all food shall be in covered containers or completely wrapped or packaged so as to be protected from contamination.

(m) Poisonous and Toxic Materials:

(1) Only those poisonous and toxic materials required to maintain the establishment in a sanitary condition, and for sanitization of equipment and utensils, shall be present in any area used in connection with food-service establishments.

(2) All containers of poisonous and toxic materials shall be prominently and distinctively marked or labeled for easy identification as to contents.

(3) When not in use, poisonous and toxic materials shall be stored in cabinets which are used for no other purpose, or in a place which is outside the food-storage, food-preparation, and cleaned equipment and utensil storage rooms. Bactericides and cleaning compounds shall not be stored in the same cabinet or area of the room with insecticides, rodenticides, or other poisonous materials.

(4) Bactericides, cleaning compounds, or other compounds intended for use on food-contact surfaces, shall not be used in such a manner as to leave a toxic residue on such surfaces, nor to constitute a hazard to employees or customers.

(5) Poisonous polishing materials shall not be used on equipment or utensils, or stored in the establishment.

(6) Poisonous compounds, such as insecticides and rodenticides, in powdered form, shall have a distinctive color so as not to be mistaken for food.

(7) Poisonous materials shall not be used in any way as to contaminate food, equipment, or utensils, or to constitute other hazards to employees or customers.