Subchapter F. PHYSICAL FACILITIES

§ 46.901. Indoor areas of food facilities: surface characteristics.

 (a)  General requirement. Except as specified in subsection (b), materials for indoor floor, wall and ceiling surfaces of a food facility under conditions of normal use shall be all of the following:

   (1)  Smooth, durable and easily cleanable for areas where food facility operations are conducted.

   (2)  Closely woven and easily cleanable carpet for carpeted areas.

   (3)  Nonabsorbent for areas subject to moisture such as food preparation areas, walk-in refrigerators, warewashing areas, toilet rooms, mobile food facility servicing areas and areas subject to flushing or spray cleaning methods.

 (b)  Exception for a temporary food facility.

   (1)  If graded to drain, a floor in a temporary food facility may be concrete, machine-laid asphalt, or dirt or gravel if it is covered with mats, removable platforms, duckboards or other suitable approved materials that are effectively treated to control dust and mud.

   (2)  Walls and ceilings in a temporary food facility shall be constructed of a material that protects the interior from the weather and windblown dust and debris.

 (a)  Walking and driving areas. The outdoor walking and driving areas of a food facility shall be surfaced with concrete, asphalt, gravel or other materials that have been effectively treated to minimize dust, facilitate maintenance and prevent muddy conditions.

 (b)  Exterior surfaces. Exterior surfaces of food facility buildings and mobile food facilities shall be of weather-resistant materials and shall comply with Chapter 3 of the Pennsylvania Construction Code Act (35 P. S. § §  7210.301—7210.304).

 (c)  Certain outdoor storage areas. Outdoor storage areas of a food facility used for storing refuse, recyclables or returnables shall be of materials specified in §  46.881(b) and (c) (relating to storage areas and receptacles for refuse, recyclables and returnables: materials, design, construction and installation).

DESIGN, CONSTRUCTION AND INSTALLATION

§ 46.921. Cleanability of floors, walls and ceilings.

 (a)  General requirement. Except as specified in subsection (d), the floors, floor coverings, walls, wall coverings and ceilings of a food facility shall be designed, constructed and installed so they are smooth and easily cleanable, except that antislip floor coverings or applications may be used for safety reasons.

 (b)  Utility lines.

   (1)  Utility service lines and pipes in a food facility may not be unnecessarily exposed.

   (2)  Exposed utility service lines and pipes in a food facility shall be installed so they do not obstruct or prevent cleaning of the floors, walls or ceilings.

   (3)  Exposed horizontal utility service lines and pipes in a food facility may not be installed on the floor.

 (c)  Floor and wall junctures: coved and enclosed or sealed.

   (1)  In food facilities in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than 1 mm (1/32 inch).

   (2)  The floors in food facilities in which water flush cleaning methods are used shall be provided with drains and be graded to drain, and the floor and wall junctures shall be coved and sealed.

 (d)  Floor carpeting: limitations and installation.

   (1)  A floor covering such as carpeting or similar material may not be installed as a floor covering in food preparation areas, walk-in refrigerators, warewashing areas, toilet room areas where handwashing sinks, toilets and urinals are located, refuse storage rooms or other areas where the floor is subject to moisture, flushing or spray cleaning methods.

   (2)  If carpeting is installed as a floor covering in areas other than those specified in paragraph (1), it shall be both of the following:

     (i)   Securely attached to the floor with a durable mastic by using a stretch and tack method, or by another method.

     (ii)   Installed tightly against the wall under the coving or installed away from the wall with a space between the carpet and the wall and with the edges of the carpet secured by metal stripping or some other means.

 (e)  Floor covering: mats and duckboards. Mats and duckboards in a food facility shall be designed to be removable and easily cleanable.

 (f)  Wall and ceiling coverings and coatings.

   (1)  Wall and ceiling covering materials in a food facility shall be attached so that they are easily cleanable.

   (2)  Except in areas used only for dry storage, concrete, porous blocks or bricks used for indoor wall construction in a food facility shall be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface.

 (g)  Attachments to walls and ceilings. Attachments to walls and ceilings (such as light fixtures, mechanical room ventilation system components, vent covers, wall mounted fans, decorative items and other attachments) in a food facility shall be easily cleanable, except that in a consumer area of a food facility, wall and ceiling surfaces and decorative items and attachments that are provided for ambiance need not meet this requirement if they are kept clean.

 (h)  Studs, joists and rafters in walls and ceilings. Studs, joists and rafters in a food facility may not be exposed in areas subject to moisture. This requirement does not apply to temporary food facilities.

 (a)  Light bulbs: protective shielding.

   (1)  Except as specified in paragraph (2), light bulbs in use in a food facility shall be shielded, coated or otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils and linens; or unwrapped single-service and single-use articles.

   (2)  Shielded, coated or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages, if both of the following are accurate:

     (i)   The integrity of the packages cannot be affected by broken glass falling onto them.

     (ii)   The packages are capable of being cleaned of debris from broken bulbs before the packages are opened.

   (3)  An infrared or other heat lamp shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed.

 (b)  Heating, ventilating and air conditioning system vents. Heating, ventilating and air conditioning systems in a food facility shall be designed and installed so that make-up air intake and exhaust vents do not cause contamination of food, food-contact surfaces, equipment or utensils.

 (c)  Design and installation of insect control devices.

   (1)  Insect control devices that are used in a food facility to electrocute or stun flying insects shall be designed to retain the insect within the device.

   (2)  Insect control devices shall be installed so that they meet the following requirements:

     (i)   The devices are not located over a food preparation area.

     (ii)   Dead insects and insect fragments are prevented from being impelled onto or falling on exposed food; clean equipment, utensils and linens; and unwrapped single-service and single-use articles.

 (d)  Toilet rooms shall be enclosed. A toilet room located on the premises of a food facility shall be completely enclosed and provided with a tight-fitting and self-closing door. This requirement does not apply to a toilet room that is located outside a food facility and does not open directly into the food facility (such as a toilet room that is provided by the management of a shopping mall).

 (e)  Outer openings shall be protected.

   (1)  Except as specified in paragraphs (2)—(5), outer openings of a food facility shall be protected against the entry of insects and rodents by use of the following:

     (i)   Filling or closing holes and other gaps along floors, walls and ceilings.

     (ii)   Having closed, tight-fitting windows.

     (iii)   Having solid, self-closing, tight-fitting doors.

   (2)  Paragraph (1) does not apply if a food facility opens into a larger structure, such as a mall, airport or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents.

   (3)  Exterior doors used as exits need not be self-closing if they are all of the following:

     (i)   Solid and tight-fitting.

     (ii)   Designated for use only when an emergency exists, and limited so they are not used for entrance or exit from the building for purposes other than the designated emergency exit use.

   (4)  Except as specified in paragraphs (2) and (5), if the windows or doors of a food facility, or of a larger structure within which a food facility is located, are kept open for ventilation or other purposes or a temporary food facility is not provided with windows and doors as specified in paragraph (1), the openings shall be protected against the entry of insects and rodents by one or more of the following:

     (i)   16 mesh to 25.4mm (16 mesh to 1 inch) screens.

     (ii)   Properly designed and installed air curtains to control flying insects.

     (iii)   Other effective means.

   (5)  Paragraph (4) does not apply if insects, rodents and other animals are absent due to the location of the facility, the weather or other limiting condition.

 (f)  Exterior walls and roofs: protective barrier. Perimeter walls and roofs of a food facility shall effectively protect the facility from the weather and the entry of insects, rodents and other animals.

 (g)  Outdoor food vending areas, overhead protection. If located outside, a machine used to vend food shall be provided with overhead protection except that machines vending canned beverages need not meet this requirement.

 (h)  Outdoor servicing areas: overhead protection. Servicing areas of a food facility shall be provided with overhead protection. However, if the area is used only for the loading of water or the discharge of sewage and other liquid waste, through the use of a closed system of hoses, the area need not be provided with overhead protection.

 (i)  Outdoor walking and driving surfaces: graded to drain. Exterior walking and driving surfaces of a food facility shall be graded to drain.

 (j)  Outdoor refuse areas: curbed and graded to drain. Outdoor refuse areas shall be constructed in accordance with Chapter 3 of the Pennsylvania Construction Code Act (35 P. S. § §  7210.301—7210.304) and shall be curbed and graded to drain to collect and dispose of liquid waste that results from the refuse and from cleaning the area and waste receptacles.

 (k)  Living or sleeping quarters, use prohibition. A room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters, may not be used for conducting food facility operations.

 (l)  Living or sleeping quarters: separation. Living or sleeping quarters located on the premises of a food facility such as those provided for lodging registration clerks or resident managers shall be separated from rooms and areas used for food facility operations by complete partitioning and solid self-closing doors.

   This section cited in 7 Pa. Code §  46.102 (relating to duties of the person in charge); 7 Pa. Code §  46.881 (relating to storage areas and receptacles for refuse, recycables and returnables: materials, design, construction and installation); and 7 Pa. Code §  46.981 (relating to premises, structures, attachments and fixtures: methods).

NUMBERS AND CAPACITIES

§ 46.941. Handwashing facilities: numbers and capacities.

 (a)  Minimum number. Handwashing facilities shall be provided in a food facility as specified in §  46.823(a) (relating to numbers and capacities of plumbing facilities).

 (b)  Availability of handwashing cleanser. Each handwashing sink or group of two adjacent sinks shall be provided with a supply of hand cleaning liquid, powder or bar soap.

 (c)  Availability of hand drying. Each handwashing sink or group of adjacent sinks shall be provided with one or more of the following:

   (1)  Individual, disposable towels.

   (2)  A continuous towel system that supplies the user with a clean towel.

   (3)  A heated-air hand drying device.

 (d)  Limitations on use of handwashing aids and devices. A sink used for food preparation or utensil washing, or a utility sink or curbed cleaning facility used for the disposal of mop water or similar wastes, may not be provided with the handwashing aids and devices required for a handwashing sink as specified in subsections (b) and (c) and §  46.882(a)(3) (relating to storage areas and receptacles for refuse, recyclables and returnables: numbers and capacities).

 (e)  Handwashing signage. A sign or poster that notifies food employees to wash their hands shall be provided at all handwashing sinks used by food employees and shall be clearly visible to food employees.

 (f)  Disposable towels, waste receptacle. A handwashing sink or group of adjacent sinks that is provided with disposable towels shall be provided with a waste receptacle as specified in §  46.882(a)(3).

 (a)  Minimum number. Toilets and urinals shall be provided in a food facility as specified in §  46.823(b) (relating to numbers and capacities of plumbing facilities).

 The light intensity in a food facility shall be all of the following:

   (1)  At least 110 lux (10 foot candles) at a distance of 75 cm (30 inches) above the floor, in walk-in refrigeration units and dry food storage areas and in other areas and rooms during periods of cleaning.

   (2)  At least 220 lux (20 foot candles) at each of the following locations:

     (i)   At a surface where food is provided for consumer self-service such as buffets and salad bars or where fresh produce or packaged foods are sold or offered for consumption.

     (ii)   Inside equipment such as reach-in and under-counter refrigerators.

     (iii)   At a distance of 75 cm (30 inches) above the floor in areas used for handwashing, warewashing and equipment and utensil storage, and in toilet rooms.

 (a)  Designation. Dressing rooms or dressing areas shall be designated in a food facility if employees routinely change their clothes in that facility.

 (b)  Storage of employees’ clothing and possessions. Lockers or other suitable facilities shall be provided for the orderly storage of employees’ clothing and other possessions.

 A utility sink or curbed cleaning facility shall be provided as specified in §  46.823(c) (relating to numbers and capacities of plumbing facilities).

LOCATION AND PLACEMENT

§ 46.961. Handwashing facilities: located for convenience.

 (a)  Designated eating, drinking and smoking areas. Areas designated for employees to eat, drink and use tobacco shall be located so that food, equipment, linens and single-service and single-use articles are protected from contamination.

 Products that are held by the food facility operator for credit, redemption or return to the distributor such as damaged, spoiled or recalled products, shall be segregated and held in designated areas that are separate from food, equipment, utensils, linens and single-service and single-use articles.

 Units, receptacles and areas designated for storage of refuse and recyclable and returnable containers shall be located as specified in §  46.883 (relating to location of storage areas, redeeming machines, receptacles and waste handling units).

MAINTENANCE AND OPERATION

§ 46.981. Premises, structures, attachments and fixtures: methods.

 (a)  General requirement. The physical facilities of a food facility shall be maintained in good repair.

 (b)  Cleaning: frequency and limitations.

   (1)  The physical facilities of a food facility shall be cleaned as often as necessary to keep them clean.

   (2)  Cleaning shall be done during periods when the least amount of food is exposed such as after closing. This requirement does not apply to cleaning that is necessary due to a spill or other accident.

 (c)  Cleaning floors by dustless methods.

   (1)  Except as specified in paragraph (2), only dustless methods of cleaning shall be used (such as wet cleaning, vacuum cleaning, mopping with treated dust mops or sweeping using a broom and dust-arresting compounds).

   (2)  Spills or drippage on floors that occur between normal floor cleaning times shall be cleaned as follows:

     (i)   Without the use of dust-arresting compounds.

     (ii)   In the case of liquid spills or drippage, with the use of a small amount of absorbent compound such as sawdust or diatomaceous earth applied immediately before spot cleaning.

 (d)  Cleaning ventilation systems without causing contamination, health hazard or nuisance.

   (1)  Intake and exhaust air ducts shall be cleaned and filters changed so they are not a source of contamination by dust, dirt and other materials.

   (2)  If vented to the outside, ventilation systems may not create a public health hazard or nuisance or unlawful discharge.

 (e)  Preventing contamination by cleaning maintenance tools. Food preparation sinks, handwashing sinks and warewashing equipment may not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials or the disposal of mop water and similar liquid wastes.

 (f)  Drying mops. After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment or supplies.

 (g)  Absorbent materials on floors: use limitation. Except as specified in subsection (c)(2), sawdust, wood shavings, granular salt, baked clay, diatomaceous earth or similar materials may not be used on floors.

 (h)  Maintaining and using handwashing facilities. Handwashing facilities shall be kept clean, and maintained and used as specified in §  46.825(a) (relating to operation and maintenance of plumbing facilities).

 (i)  Closing toilet room doors. Toilet room doors as specified in §  46.922(d) (relating to functionality of various physical facilities of a food facility) shall be kept closed except during cleaning and maintenance operations.

 (j)  Using dressing rooms and lockers. Dressing rooms shall be used by employees if the employees regularly change their clothes in the facility. Lockers or other suitable facilities shall be used for the orderly storage of employee clothing and other possessions.

 (k)  Controlling pests. The presence of insects, rodents and other pests shall be controlled to minimize their presence on the premises by all of the following:

   (1)  Routinely inspecting incoming shipments of food and supplies.

   (2)  Routinely inspecting the premises for evidence of pests.

   (3)  Using methods, if pests are found, such as trapping devices or other means of pest control as specified in §  46.1026(b) and (c) (relating to pesticides).

   (4)  Eliminating harborage conditions.

 (l)  Removing dead or trapped birds, insects, rodents and other pests. Dead or trapped birds, insects, rodents and other pests shall be removed from control devices and the premises at a frequency that prevents their accumulation, decomposition or the attraction of pests.

 (m)  Storing maintenance tools. Maintenance tools (such as brooms, mops, vacuum cleaners and similar items) shall be stored so that they do not contaminate food, equipment, utensils, linens and single-service and single-use articles, and in an orderly manner that facilitates cleaning the area used for storing the maintenance tools.

 (n)  Removing unnecessary items and litter from the premises. The premises of a food facility shall be free of items that are unnecessary to the operation or maintenance of the facility, such as equipment that is nonfunctional or no longer used, and litter.

 (a)  General. Live animals may not be allowed on the premises of a food facility, unless under an exception specified in subsection (b).

 (b)  Exceptions.

   (1)  Live animals may be allowed only in the following situations, and if the contamination of food; clean equipment, utensils and linens; and unwrapped single-service and single-use articles cannot result:

     (i)   Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems.

     (ii)   Patrol dogs accompanying police or security officers in offices and dining, sales and storage areas, and sentry dogs running loose in outside fenced areas.

     (iii)   Service animals that are controlled by the disabled employee or person, in areas that are not used for food preparation and that are usually open for customers (such as dining and sales areas), if a health or safety hazard will not result from the presence or activities of the service animal.

     (iv)   Pets in the common dining areas of institutional care facilities (such as nursing homes, assisted living facilities, group homes or residential care facilities) at times other than during meals if all of the following are accurate:

       (A)   Effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas.

       (B)   Condiments, equipment and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present.

       (C)   Dining areas including tables, countertops and similar surfaces are effectively cleaned before the next meal service.

     (v)   Caged animals or animals that are similarly restrained in areas that are not used for food preparation, storage, sales, display or dining, such as in a variety store that sells pets or a tourist park that displays animals.

   (2)  Live or dead fish bait may be stored if contamination of food, clean equipment, utensils and linens; and unwrapped single-service and single-use articles cannot result.