SECTION 340:110-3-299. Food service  


Latest version.
  • (a)   General.
    (1)   Food service. The program is required to meet the requirements per this Section when the program provides food service, including limited food service unless the requirements specifically state otherwise.
    (2)   Limited food service. Limited food service is when the program serves only non-potentially hazardous foods for immediate consumption and uses only single-service food-contact items per (k) of this Section. However, milk and milk products may be served to children and used in occasional cooking activities with children.
    (A)   Limited food service also includes when parents provide the meals, snacks, or both, provided the program:
    (i)   only provides or supplements food according to the limited food service requirements, including on field trips; and
    (ii)   sends reusable food-contact items home daily.
    (B)   When the program only provides limited food service:
    (i)   the program is exempt from the requirements regarding:
    (I)   health inspections per Oklahoma Administrative Code (OAC) 340:110-3-276(c) and (d);
    (II)   food service training per OAC 340:110-3-284.3(c); and
    (III)   a separate hand washing sink per OAC 340:110-3-300(n);
    (ii)   some requirements in this Section do not apply, such as the requirements regarding:
    (I)   potentially hazardous foods. However, when milk is served, the milk requirements per (b) of this Section apply. In addition when conducting a cooking activity with children, the potentially hazardous food requirements apply depending on the ingredients used;
    (II)   a minimum quantity of food-contact items;
    (III)   a refrigerator, unless foods require refrigeration including parent provided foods. When applicable, program policy informs parents refrigeration is not provided by the program;
    (IV)   a microwave, unless foods are microwaved including parent provided foods; and
    (V)   cooking devices, unless used for occasional cooking activities with children.
    (b)   Food supplies.
    (1)   Food sources. The food source requirements listed in (A) through (C) of this paragraph are met.
    (A)   Food is from health department approved sources, such as commercially produced products, or raw fruits and vegetables from farmers' markets and gardens, including personal and the program's gardens.
    (B)   Only commercially pre-packaged, non-potentially hazardous food items and raw fruits and vegetables may be brought from individual homes for a group.
    (C)   Food is in sound condition, free from spoilage and contamination, and is safe for human consumption.
    (2)   Home-canned and hermetically sealed food. Individually home-canned food and food in hermetically sealed containers not prepared in a food processing establishment is not used by the program.
    (3)   Milk products. Milk products meet the requirements listed in (A) through (D) of this paragraph.
    (A)   Only Grade A pasteurized fluid milk and fluid milk products for drinking are used.
    (B)   Pasteurized dry milk and evaporated milk are used for cooking purposes only.
    (C)   Milk may be transferred from the original container to serving pitchers.
    (D)   Milk removed from the original container is not returned to the original container or stored for later use.
    (4)   Meat, poultry, and fish. Meat, poultry, and fish are obtained from approved sources and have been inspected by the appropriate governmental authorities.
    (5)   Ice. Ice used for any purpose is made from water that comes from an approved source and is manufactured, stored, transported, and handled in a sanitary manner.
    (c)   Potentially hazardous foods.
    (1)   Cooking. Potentially hazardous foods requiring cooking are cooked so all parts of the food are heated to a temperature of at least 165 degrees Fahrenheit (F) for 15 seconds, except as specified in (2) through (4) of this subsection.
    (2)   Ground Beef. Ground beef is cooked thoroughly to at least 155 degrees F and until the juice is clear and the meat is no longer pink.
    (3)   Poultry, stuffed meats, and stuffings. Poultry, poultry stuffings, stuffed meats and stuffings that contain meat are cooked so all parts of the food are heated to at least 165 degrees F with no interruption in the cooking process.
    (4)   Pork. Pork and any food containing pork are cooked so that all parts of the food are heated to at least 155 degrees F.
    (5)   Egg products. Only clean, whole-shell, non-cracked eggs that meet AA, A, or B grade standards and are held at 41 degrees F or below during storage, are used.
    (A)   Raw, unpasteurized eggs are not used in uncooked food, such as ice cream and eggnog.
    (B)   Shelled raw eggs are not held more than four hours.
    (6)   Reheating foods. Potentially hazardous foods that have been cooked and then refrigerated are reheated rapidly throughout to 165 degrees F or higher before being served.
    (d)   Protecting food.
    (1)   General. Foods are covered and protected from contamination including cross-contamination between raw and cooked foods, toxic substances, or contamination by insects or rodents while being stored, prepared, displayed, dispensed, packaged, or transported.
    (2)   Bare-hand contact. Personnel:
    (A)   minimize touching food with bare hands while preparing food; and
    (B)   do not touch unpackaged, ready-to-eat food with bare hands. A barrier, such as gloves, utensils, or wax paper is used to prepare and serve these foods.
    (3)   Temperature. Perishable foods, including fruits and vegetables, are stored at temperatures that protect against spoilage.
    (A)   Potentially hazardous foods are maintained at safe temperatures of 41 degrees F or below or 135 degrees F or above, except during necessary periods of preparation and service.
    (B)   Frozen foods are maintained at 0 degrees F or below, except when being thawed:
    (i)   in a refrigerator at 41 degrees F or below;
    (ii)   under running, safe drinking water at 70 degrees F or below;
    (iii)   using the defrost setting on a microwave, provided the food is immediately transferred to conventional cooking equipment with no interruption in the cooking process; or
    (iv)   as part of the cooking process.
    (4)   Ice chest. Ice chests may be used on field trips. When an ice chest is used to refrigerate perishable foods or milk:
    (A)   a thermometer is located in the ice chest;
    (B)   the food or milk is served within four hours and is not re-served or re-refrigerated;
    (C)   packaged food is not stored in contact with the water or undrained ice;
    (D)   self-wrapped sandwiches are not stored in direct contact with the ice; and
    (E)   ice used for refrigeration is not used for any other purpose.
    (5)   Damaged and unlabeled cans. Food from damaged or unlabeled cans is not used.
    (6)   Poisonous and toxic materials. Only materials required to maintain sanitary food service area conditions are used or stored in the food service areas. Materials stored in a food service area are clearly identified and stored in a segregated area away from the food, such as under a sink or in a closed cabinet in the storage area.
    (e)   Preparing food.
    (1)   Cross-contamination prevention. Food is prepared on clean, sanitized, food-contact surfaces and with clean, sanitized, food-contact items. Each new preparation operation begins with clean, sanitized, food-contact surfaces and items, when changing between preparation of:
    (A)   raw beef, pork, poultry, or seafood; and
    (B)   raw to ready-to-eat foods, including raw fruits and vegetables.
    (2)   Fruits and vegetables. Raw fruits and vegetables are thoroughly washed with safe drinking water before being cooked or served.
    (f)   Re-serving food.
    (1)   Portions. Individual and family-style portions of food once served are not served again.
    (2)   Wrapped food. Wrapped food that remains properly maintained and has not been unwrapped may be served again.
    (g)   Transporting food.
    (1)   Temperature. During transportation, potentially hazardous food is kept at 41 degrees F or below or 140 degrees F or above.
    (2)   Storage. During transportation, food is in covered containers, completely wrapped, or packaged to protect from contamination.
    (h)   Catering food.
    (1)   Food source. When catering services are used, food is obtained from a food service establishment licensed by the health department.
    (2)   Approval. Procedures and equipment for transporting meals are approved by the health department.
    (i)   Food-contact items and surfaces.
    (1)   Condition. Food-contact surfaces and items, such as kitchenware, utensils, tableware, service items, and storage items that come into contact with food are designed and constructed of safe, non-toxic materials and are smooth, non-absorbent, easily cleanable, durable, and in good repair.
    (2)   Quantity. An adequate quantity of food-contact items is available to ensure complete food service for at least one meal for the licensed capacity. However, when the program does not serve meals or snacks to the entire licensed capacity, the program is only required to have an adequate quantity for the number of children eating.
    (j)   Equipment.
    (1)   Installation. Equipment is installed to facilitate cleaning of the equipment and adjacent areas.
    (2)   Refrigerators. Refrigerators maintain the food at 41 degrees F or below. Ice chests are not a replacement for this requirement.
    (3)   Thermometers. The thermometer requirements listed in (A) and (B) of this paragraph are met.
    (A)   Thermometers are located in a designated location, chosen by the program, in each refrigerator and freezer used for children's food so personnel can easily ensure accurate temperatures.
    (B)   A temperature measuring device is available to check the food temperatures when cooking.
    (4)   Microwaves. The microwave requirements listed in (A) and (B) of this paragraph are met.
    (A)   Personnel are instructed on how to assess safe temperatures when microwaves are used to warm children's food.
    (B)   A warning is posted per OAC 340:110-3-281.1(f).
    (k)   Cleaning and sanitizing.
    (1)   Refrigerators. Refrigerators do not have accumulations of soils, food particles, and other debris.
    (2)   Cooking devices. Cooking devices do not have accumulations of soils, food particles, encrusted grease deposits, or other debris.
    (3)   Food-contact items and surfaces. Food-contact items and surfaces are washed, rinsed, and sanitized after each use by using one of the following methods.
    (A)   Automatic dishwashers, commercial or domestic, may be used provided the heat or chemical sanitizing cycles are properly installed and the machine is operated in a manner that allows completion of a sanitizing cycle without opening the machine. Adequacy of the sanitizing cycle is determined by the generally accepted test methods.
    (B)   Manual dishwashing may be done provided the requirements listed in (i) and (ii) of this subparagraph are met.
    (i)   Three-compartments are used for washing, rinsing, and sanitizing with a:
    (I)   three-compartment sink; or
    (II)   one or two-compartment sink with added containers.
    (ii)   Items are washed, rinsed, sanitized, and dried in this sequence.
    (I)   Sinks and containers are cleaned prior to use.
    (II)   In the first compartment, items are thoroughly washed with a food grade detergent in a solution that is kept clean.
    (III)   In the second compartment, items are rinsed with clean water until they are free of detergent and abrasives.
    (IV)   In the third compartment, items are sanitized by immersion in a sanitizing solution that is kept clean, unless the equipment design prevents immersion. The solution is required to contain a food grade sanitizer, such as bleach per OAC 340 Appendix NN - Cleaners, Sanitizers, and Disinfectants.
    (V)   Items are air-dried in a self-draining position before being stored.
    (C)   Single-service food-contact items, such as plastic utensils and paper plates may be used when the program provides limited food service or does not have adequate and effective facilities for cleaning and sanitizing food-contact items provided the single-service food-contact items are:
    (i)   stored in closed cartons or containers that protect from contamination;
    (ii)   used for preparation and service; and
    (iii)   used only once.
    (D)   Stationary food-contact surfaces, such as counters and appliances are cleaned and sanitized in place.
    (l)   Storage area.
    (1)   Location. Food and food-contact items are stored above the floor in a clean, dry location.
    (2)   Quantity. Adequate space is provided for food and food-contact item storage.
    (m)   Food service personnel.
    (1)   Health. Food service personnel are prohibited when required per OAC 340:110-3-283(e).
    (2)   Hygiene. Personnel:
    (A)   wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty;
    (B)   wash their hands per OAC 340:110-3-294(a);
    (C)   do not wash their hands in the food preparation or dishwashing sinks; and
    (D)   keep their fingernails clean and trimmed.
    (n)   Food service - 1-year-olds and younger. Additional food service requirements are met per OAC 340:110-3-298(f).
[Source: Amended and renumbered from 340:110-3-31 at 32 Ok Reg 704, eff 1-1-16 (emergency); Amended and renumbered from 340:110-3-31 at 33 Ok Reg 1678, eff 9-15-16]