Food Establishment Sanitation Chapter 420-3-22 1 RULES OF

Food Establishment Sanitation Chapter 420-3-22

RULES

ALABAMA STATE BOARD OF HEALTH

BUREAU OF ENVIRONMENTAL SERVICES

CHAPTER 420-3-22

FOR FOOD ESTABLISHMENT SANITATION

420-3-22-.01 General provisions

420-2-22-.02 Management and personnel

420-2-22-.03 Food

420-2-22-.04 Equipment, utensils, and linens

420-2-22-.05 Water, plumbing, and waste

420-2-22-.06 Physical facilities

420-2-22-.07 Poisonous or toxic materials

420-2-22-.08 Compliance and enforcement

420-3-22-.09 Mobile food establishments

420-3-22-.10 Priority Category 2 establishments

420-3-22-.11 Priority Category 1 establishments

420-3-22-.12 Temporary food service establishments

420-3-22-.13 Food establishments and food processing establishments

outside jurisdiction of the Health Officer

420-3-22-.14 Repealer

420-3-22-.01 General provisions.

(1)

Purpose - The purpose of these rules is to safeguard public health and provide

to consumers food that is safe, unadulterated, and honestly presented.

(2)

Statutory authority – The State Board of Health is authorized to adopt and

promulgate these rules under and by virtue of the authority of Sections 22-2-2(6) and 22-20-

5, Code of Alabama, 1975.

(3)

Adoption by reference - Chapters 1 through 8 of the document entitled 2013

edition of the United States Department of Health and Human Services Food Code (“Food

Code”) is hereby incorporated by reference and, except as provided for in Rules 420-3-22-.01

through 420-3-22- .08, made a part of these rules as if set out in full and all provisions thereof

are adopted as a rule of the State Board of Health. Said document is available at

http://www.alabamapublichealth.gov/.

(4)

Definitions –

(a)

In addition to definitions in the document entitled 2013 edition of the Food Code,

Food Establishment Sanitation Chapter 420-3-22

for the purpose of these rules:

“Bed and breakfast” means a private owner-occupied residence providing

accommodations for a charge to the public with no more than ten (10) guest rooms for rent.

Breakfast only may be provided to the guests. Bed and Breakfast establishments are exempt

from the Rules for Construction, Maintenance, and Operation of Hotels, (420-3-11) and the

Rules for Food Service Sanitation, (420-3-22).

“Board” means the Board of Health of the State of Alabama as defined by Section

22- 2-1, Code of Alabama, 1975, or the State Health Officer or his designee, when acting for the

Board, for the purposes of these rules, the Bureau of Environmental Services.

“Caterer” means a person operating from a permitted food service establishment

who contracts with one individual or firm to provide a predetermined menu and quantity of

food at a specific site, off the premises of the food establishment, which is generally different

for each event; the site or event not being open to the general public.

“Catfish” means any species of fish classified within the family Ictaluridae.

“Catfish product” means, as used in Code of Alabama, 1975, Sections 22-20A-30, et

seq., any catfish product capable of use as human food which is made wholly or in part from

any catfish or portion thereof, except products which contain catfish only in small portions and

which are exempt from this definition by rules of the State Board of Health.

“Child day care center” means any child care facility receiving more than 12

children for daytime or nighttime care for all or part of a day. The term “child day care

center” includes but is not limited to facilities commonly called “day care centers,” “day

nurseries,” “nursery schools,” “kindergarten,” “play groups,” and “nighttime centers” with or

without stated educational purposes. Such term further includes, but is not limited to,

kindergarten or nursery schools or other programs operated as part of a private school and

receiving more than 12 children younger than lawful school age for daytime care for more

than 4 hours a day with or without stated educational purposes.

“Commissary” means a permitted food establishment to which a mobile food

establishment or transportation vehicle returns daily for such things as discharging liquid or

solid wastes, refilling water tanks and ice bins, and boarding food.

“Cottage Food” means a non-potentially hazardous food that has been prepared

in a person’s home that does not require time or temperature control for safety to limit

pathogenic microorganism growth or toxin formation and that does not include meat,

poultry, or fish, including the following:

Food Establishment Sanitation Chapter 420-3-22

a. Cakes, breads, Danish pastries, donuts, pastries, and pies.

b. Jam, jellies, and fruit preserves.

c. Candy.

d. Dried and dehydrated herbs, herb mixes, vegetables, or fruits.

e. Roasted coffee.

f. Dried baking mixes.

g. Fermented or preserved vegetables or fruit that do not result in the production

of alcohol and that have an acidity level allowed by the department as defined in Chapter 1 of the

Food Code under time/temperature control for safety food.

9. “Date limit” means all terms reasonably construed to mean food is not intended to be

used or sold after the date limit, or that food quality is best before the date limit, and includes

but is not limited to the terms “Sell By;” “Freeze By;” “Sell or Freeze By;” “Not to be Sold

After;” “Best if Used By;” “Best if Purchased By,” “Expiration;” or other similar designations.

10. “Department” means the Alabama Department of Public Health.

11. “Domestic” means, as used in Code of Alabama, 1975, Sections 22-20A-1, et seq.,

any farm-raised fish or wild fish hatched, raised, harvested, or processed within the United

States or a territory of the United States.

12. “Farm-raised fish” means, as used in Code of Alabama, 1975, Sections

22-20

A-1, et seq., farm-raised shellfish and fillets, steaks, nuggets, and any other flesh from a

farm-raised fish or shellfish and includes any product of which farm-raised fish is an

ingredient.

13. “Food establishment” means both food service establishments and retail food

stores, along with the lower risk priority categories in either designation. The term

does not include:

(i) A kitchen in a private home if only food that is not time/temperature control for safety

food is prepared for sale or service at a function such as a charitable, religious, civic, or not-for

profit organization's food sale, or at a state sanctioned farmer's market, and if the consumer is

informed by a clearly visible label, tag, or placard at the sales or service location that the food is

prepared in a kitchen that is not inspected by a regulatory agency. This exclusion shall not be

construed as allowing the sale of low acid foods in a hermetically sealed container (i.e. such as

Food Establishment Sanitation Chapter 420-3-22

home-canned vegetables) when such food is not prepared in a permitted establishment; and

(ii) Private gatherings with a limited and identifiable membership where no sale of

food takes place. A sale of food shall be any situation in which there is a charge for profit for

the food, or a membership fee is required for entry or participation.

(iii) A Cottage Food Production Operation. A person operating out of his or her

home who meets the following requirements:

a. Produces cottage food for sale;

b. Sells the foods produced in a cottage food operation only directly to consumers,

whether in-person, by phone, or online in the state;

c. Delivers the foods directly to consumers in the state;

d. A cottage food production operator shall complete a food safety course approved by

the department and label all cottage foods that the operation sells. The label shall include in at

least size 10-point font:

1. The common or usual name of the food.

2. The name, home or P.O. Box address of the cottage food production operation.

3. A statement that the food is not inspected by the department or local health

department.

4. A list of the ingredients in the food in descending order of predominance and

shall include a disclaimer that the food may contain allergens.

14. “Food processing plant” means a commercial food processing establishment or

operation that manufactures, packages, labels, or stores food for human consumption and does

not provide food directly to a consumer. The term does not include a food service

establishment or a retail food store in which such foods are processed if:

(i)

The food items are sold to, or sold from, no more than two other retail food

establishments during the annual period coinciding with the food permit issuance and

expiration date, and

(ii)

The total value of food sales to other retail establishments during the annual

period coinciding with the food permit issuance and expiration date is less than $25,000.

Food Establishment Sanitation Chapter 420-3-22

15. “Food service establishment” means any place, vehicle, or vessel where food for

individual portion service is prepared, stored, held, transported, served, or dispensed and

includes any such place regardless of whether consumption is on or off the premises. The term

also includes delicatessen type operations that prepare food intended for individual portion

service; and also includes all schools and child day care centers.

16. “Health Officer” means the Health Officer of the county or district in which the

food establishment in question is located as provided in Section 22-3-2 Code of Alabama,

1975; or the authorized representative of the Health Officer.

17. “Imported” means, as used in Code of Alabama, 1975, Sections 22-20A-1, et seq.,

any farm-raised fish or wild fish that was hatched, raised, harvested, or processed outside the

United States or a territory of the United States.

18. “Label” means, as used in and for the purpose of enforcement of Code of Alabama,

1975, Sections 22-20A-30, et seq. a legible display of written, printed, or graphic information

on a placard, menu, sign, or other material that represents the product to the consumer.

19. “May not” means a mandatory prohibition.

20. “Mobile food establishment” means, except for pushcarts, a unit mounted on or

pulled by a self-propelled vehicle; is self-contained with its own drinking water tank and waste

water tank unless handling only prepackaged foods; is designed to be readily movable; and is

moved daily to return to its commissary. A pushcart is a category of mobile food establishment.

21. “Priority category” means, for purposes of permitting and inspection scheduling, a

tiered structuring of food establishments based on the public health risk for foodborne illness

inherent in the establishment due to its’ menu, operations, or consumers.

22. “Priority Category 4 establishment” means a food establishment meeting the

definition of a Category 2 or Category 3 and in addition performs an operation requiring a

variance as per 420-3-22.01(4)(a)31 or a HACCP plan.

23. “Priority Category 3 establishment” means:

(i)

a food establishment where unpackaged raw food from an animal source is

handled, prepared, or used; or

(ii)

time/temperature control for safety food that is not ready-to-eat is cooked or

further prepared to eliminate or reduce pathogens; or

(iii)

customer contact utensils are reused, or food is cooled, or food previously cooled

Food Establishment Sanitation Chapter 420-3-22

in the establishment is reheated.

24. “Priority Category 2 establishment” means a food establishment which, by the

nature of its’ operation and menu, does not use raw foods of animal origin, does not cool foods

that have been heated, and does not reuse tableware. This type of food establishment may

dispense or sell on-premises, only in single-service articles, unpackaged:

(i)

foods that are not time/temperature control for safety, or

(ii)

raw foods of plant origin that would otherwise be considered a

time/temperature control for safety food; or

(iii)

time/temperature control for safety foods that are received from an approved

processing establishment as ready-to-eat; provided, such foods may be removed from the

original package and heated one time for quality reasons (not heated as a required step to

destroy microorganisms of public health concern), or

(iv)

any combination of these.

(v)

The foods allowed include, but are not limited to, hard cheese such as cheddar; dip

ice cream; fully cooked luncheon meat including wieners, or any other fully cooked meat

received from a processing establishment approved by the USDA or a state Department of

Agriculture; or the produce area of a retail food store if issued a separate permit. This type

establishment may also be called a “Limited Food Service Establishment.”

25. “Priority Category 1 establishment” means those food establishments that sell or

market only prepackaged time/temperature control for safety food items. The term does not

include establishments that handle only prepackage foods that are not time/temperature control

for safety, roadside markets that offer only fresh fruits and vegetables for sale, food service

establishments, or food and beverage vending machines. This type establishment may also be

called a “Limited Retail Food Store Establishment.”

26. “Pushcart” means a non-self propelled mobile food unit that is lightweight enough,

designed, and intended to be moved by one person. A pushcart can be used to prepare and serve

only:

(i)

foods that are not time/temperature control for safety such as popcorn, lemonade,

or flavored ice; or

(ii)

foods pre-wrapped at the commissary and maintained at the required temperatures; or

(iii)

foods that meet the definition of “Priority Category 2.”

Food Establishment Sanitation Chapter 420-3-22

27. “Regulatory authority” means the Health Officer of the county or district in which

the food establishment in question is located as provided in Section 22-3-2 Code of Alabama,

1975; or the authorized representative of the Health Officer; except for the purpose of issuing a

variance from these rules, for which action the Regulatory Authority is only the State Health

Officer.

28. “Retail food store” means any establishment or section of an establishment where

food and food products are offered to the consumer and intended for off premise

consumption. The term includes delicatessens that offer prepared food in bulk quantities only.

The term does not include establishments that handle only prepackaged, food that is not

time/temperature control for safety; roadside markets that offer only fresh fruits and fresh

vegetables for sale; food service establishments; or food and beverage vending machines.

29. “Shall” means a mandatory requirement.

30. “Shellfish” means, as used in Code of Alabama, 1975, Sections 22-20A-1, et seq.,

crab, lobster, oyster, shrimp, crayfish, clam, and scallops in the wild and farm-raised

shellfish and includes any product of which shellfish is an ingredient.

31. “Temporary event” means a special occurrence or celebration that is community

wide, such as a fair, carnival, public exhibition, festival, or similar occasion that lasts no more

than 14 days. A temporary event does not include ongoing commercial activities, such as a

sale at a retail store.

32. “Variance” means, as used in the Food Code, review by the Bureau of

Environmental Services and is not equivalent to the definition used in the Rules of the State

Board of Health Chapter 420-1-2.

33. “Waiver relating to pet dogs” means a written request from a food service

establishment to permit pet dogs in a designated outdoor dining area of a food service

establishment under certain conditions.

34. “Wild fish” means, as used in Code of Alabama, 1975, Sections 22-20A-1, et seq.,

naturally born or hatchery raised fish and shellfish harvested in the wild. The term includes a

fillet, steak, nugget, and any other flesh from wild fish or shellfish and also includes any

product of which wild fish is an ingredient. Net pen aquaculture or other farm-raised fish are

excluded from the definition.

35. “Wild harvested mushroom” means a fresh mushroom that has been picked in the

wild and has not been processed (e.g., dried). A wild harvested mushroom does not include

mushrooms that have been packaged in an approved food processing plant or cultivated

mushrooms.

Food Establishment Sanitation Chapter 420-3-22

36. “Wild harvested mushroom identification expert” means an individual who has

successfully completed and passed a comprehensive wild harvested mushroom certification

course that includes, but is not limited to the following critical learning objectives as

recommended in the Conference for Food Protection Guidance Document for a Model Wild-

harvested Mushroom Program:

(i)

Illness information;

(ii)

Identification;

(iii)

Harvesting;

(iv)

Best handling practices; and

(v)

Regulatory requirements.

(5)

Control – Where there is consistency between Chapter 420-3-22 and the Food

Code, these rules control. Where these rules are silent, the Food Code controls.

AUTHORS: Ronald Dawsey, Mark Sestak, Phyllis Fenn, Lauren Gambill STATUTORY

AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975. HISTORY: New

rule: filed November 20, 1996, effective December 25, 1996. Repealed and Replaced: Filed

July 20, 2005, effective August 24, 2005. Amended: Filed October 20, 2010; effective date

November 24, 2010. Amended: Filed July 16, 2014; effective date August 21, 2014. Amended:

Filed August 19, 2016; effective date October 3, 2016. Amended: Filed November 21, 2019;

effective date January 13, 2020. Amended: Filed November 18, 2021; effective date

January 14, 2022.

420-3-22-.02 Management and personnel.

(1) Exclusion - The provisions of Sections 2-102.11(A) and 2-102.11(C) of the document

entitled 2013 edition of the United States Department of Health and Human Services Food Code

are expressly excluded from adoption.

(2) Applications -

(a) For Priority Category 3 and 4 establishments the permit holder or their designee shall

possess a valid certification from an accredited program or shall have verification of attendance

from an accredited program. On or after January 1, 2020, a designated person in charge with a

valid certification from an accredited program or verification of attendance from an accredited

program shall be present during all hours of operation. For multiple permitted establishments

within one physical structure and under the same operation ownership, such as multiple

departments within one retail grocery store, the permit holder or their designee may be any one

person with supervisory authority over any department.

(b) Priority Category 1 and 2 establishments and temporary food establishments are

exempt from the requirements of subpart 2-102.11(B).

Food Establishment Sanitation Chapter 420-3-22

(3) Additional provisions, modifications, waivers allowed -

(a) Nothing in these rules shall be construed to prevent the Health Officer from imposing

additional requirements to protect against health hazards related to employee health when, in

his/her medical opinion, such additional requirements are necessary to protect public health.

Nothing in these rules shall be construed to prevent the Health Officer from waiving or

modifying requirements of these rules relating to employee health when, in his/her medical

opinion, no health hazard will result.

(b) For enforcement purposes, the provisions of subpart 2-302.11 pertaining to

“trimmed” fingernails mean the fingernails do not extend beyond the finger.

AUTHORS: Ronald Dawsey, Mark Sestak, Phyllis Fenn, Lauren Lerner, Rachel Sullenger

STATUTORY AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975.

HISTORY: New rule: filed November 20, 1996, effective December 25, 1996. Repealed and

Replaced: Filed July 20, 2005, effective August 24, 2005. Amended: Filed March 20, 2008;

effective date April 25, 2008. Amended: Filed February 20, 2013; effective date April 4, 2013,

Amended: Filed August 19, 2016; effective date October 3, 2016.

420-3-22-.03 Food.

(1) Exclusions and applications –

(a) Time/temperature control for safety foods requiring refrigeration and with a date limit

placed by the manufacturer or packager shall not be used or served after the date limit. A date

limit placed by the manufacturer or packager on time/temperature control for safety foods

requiring refrigeration shall not be changed or covered, and such food with one date limit shall

not be commingled with food with a different date limit unless the shortest date limit is applied

to the commingled food.

(b) The provisions of Section 3-201.11(A), Food Code do not apply to rabbit processed

and sold within Alabama.

dispensing food from containers placed on tables around which consumers are seated at child day

care centers or recreational camps. Such food dispensing shall be closely supervised by the

person in charge to preclude the mishandling or contamination of food. Leftover food from

containers placed on tables shall be discarded after one meal service.

(d) The provisions of Sections 3-401.11, 3-401.12, and 3-603.11, Food Code shall not be

construed to prohibit a food establishment from serving a food item cooked to less than the

Food Establishment Sanitation Chapter 420-3-22

specified temperature if individually ordered by the immediate consumer and it is not a food

establishment that serves a highly susceptible population.

(e) Child day care facilities receiving prepared, ready-to-eat meals from outside sources

shall use only catered meals obtained from a food handling establishment permitted by the

Health Officer. During transportation, food shall meet the requirements of these rules relating to

food protection and storage.

(f) At child day care facilities, formula and juice served in baby bottles shall be fully

prepared and packaged (ready-to-feed) and identified for the appropriate child at the child's home

and provided daily to the child day care facility by the parent(s)/guardian; or provided by the

child day care facility as a pre-packaged, ready-to-feed, fully prepared and packaged single-use

item; or formula and juice as prescribed by the child's physician or parent(s)/guardian may be

provided by the child care facility if bottles are sanitized in accordance with these rules. Any

excess formula, mothers' milk, or juice shall be discarded after each feeding.

(g) Formula and juice which require refrigeration and baby food (after opening and

recovering) shall be identified for the appropriate child and shall be refrigerated according to

these rules. Baby bottles used for drinking water purposes shall be properly labeled identifying

the appropriate child and shall be stored and handled in such a manner as to prevent

contamination.

(2) Catfish labeling requirements –

(a) A food service establishment shall not advertise or label a food item as catfish unless

it is fish classified within the family of Ictaluridae.

(b) Any advertising of catfish or other members of the Order of Siluriformes, or catfish

products or siluriformes product by food service establishments shall state the country of origin

if the product was imported from a country other than the United States of America. The

advertising required in this rule stating the country of origin of the product shall be displayed

daily when the catfish or siluriformes or catfish products or siluriformes products are from a

country other than the United States of America.

establishment unless consumers are notified of the name and country of origin of the product. A

food service establishment shall comply with this requirement by listing the country of origin on

the menu in the same location and in the same size font as the product being offered, or by using

a sign or tabletop display identifying the country of origin of the catfish offered for sale. If a sign

is used, it shall be a minimum of 93 square inches with characters at least 1 inch in size. The sign

Food Establishment Sanitation Chapter 420-3-22

or a series of signs shall be posted on a wall in a conspicuous location or locations in plain view

of all patrons. If a tabletop display is used, it shall be at least 30 square inches and be placed on

each table that is used for service.

(3) Right to Know Country of Origin of Fish Notice Requirements –

(a) Any person who supplies farm-raised fish or wild fish to a food service establishment

shall provide information of the country of origin of the product to the food service

establishment as required by federal law. The State Health Officer, upon verified complaint and

in compliance with all applicable state and federal law, shall investigate any and all reports of

noncompliance with this subsection. Upon receipt of the verified complaint, a copy of the

complaint shall be given to the food service establishment.

(b) If farm-raised fish or wild fish is supplied to a food service establishment and the fish

or fish product is not required to be labeled with the country of origin pursuant to the

requirements of federal law, the supplier of the fish or fish product or the food service

establishment shall not be required to provide any additional information to comply with this act.

disclaimer or notice on the menu or, if the establishment does not have a menu, on a placard used

as a menu not smaller than 8 1/2 inches by 11 inches in close proximity to the food establishment

permit, in a conspicuous place specifically stating the following: "Under Alabama law, the

consumer has the right to know, upon request to the food service establishment, the country of

origin of farm-raised fish or wild fish." The disclaimer or notice listed on a menu shall be listed

in print as large as the listing of the product. The board may establish the specific size or print

requirements for a disclaimer or notice on a menu or placard by rule.

(d) For purposes of this section, the United States is the country of origin for farm-raised

fish hatched, raised, harvested, and processed in the United States and wild fish that were

harvested in waters of the United States, a territory of the United States, or a state and processed

in the United States, a territory of the United States, or a state, including the waters thereof.

(e) Any labeling requirements as to farm-raised fish and wild fish offered for direct retail

sale for human consumption by a food service establishment may comply with this act by stating

the country of origin in lieu of the disclaimer or notice; except, that the appropriate state name or

USA or United States of America, including a trade name or trademark, may be inserted in lieu

thereof to accommodate similar products produced in any of the states or a territory of the United

States of America.

(4) Wild Harvested Mushrooms –

Food Establishment Sanitation Chapter 420-3-22

(a) A food service establishment proposing to offer for sale or service wild harvested

mushrooms shall obtain a variance approval from the regulatory authority as specified in

Sections 8-103.10 and 8-103.11, Food Code. The variance proposal shall describe how the

requirements of this section will be met.

(b) Only the wild harvested mushrooms listed by common and scientific name in

Appendix “B” may be offered for sale or service in a food service establishment.

shall disclose to the consumer by a tabletop display, placard, or menu notation the following

statement: “Wild harvested mushrooms are not an inspected product and are harvested from a

non-inspected site.”

(d) All wild harvested mushroom species served in a retail food service establishment

must have a written buyer specification record. The buyer shall retain the written buyer

specification record for 90 days from the date the mushrooms are sold, served, or discarded. The

written buyer specification record must include all the following information:

1. Identification of each mushroom species by the scientific and common name;

2. Date of purchase by the food establishment;

3. Quantity by weight of each species sold;

4. A statement that each mushroom was identified in its fresh state;

5. Date of harvest and location (e.g., town, county, township, Global Positioning System,

etc.);

6. The name, address, and telephone number of the wild harvested mushroom

identification expert and the mushroom seller;

7. A statement as to the qualifications and training of the wild harvested mushroom

identification expert.

(e) A food service establishment offering for sale or service wild harvested mushrooms

shall keep the written buyer specification record attached to the container until the mushrooms

are sold, served, or discarded.

(f) The written buyer specification record shall be retained in chronological order by the

Food Establishment Sanitation Chapter 420-3-22

food service establishment for a minimum of 90 days from the date the last wild harvested

mushroom is sold, served, or discarded.

(g) Commingling of wild harvested mushrooms by species and lot during storage is

prohibited.

(h) Wild harvested mushrooms should not show any signs of spoilage (rotten, soggy,

mushy, slimy, moldy, or insect infestation).

(i) Wild harvested mushrooms should be received in packaging with air holes or a

breathable material and maintained by the establishment in such.

(j) The department shall maintain a list of approved mushroom certification courses at

https://www.alabamapublichealth.gov/environmental/rules.html.

AUTHORS: Ronald Dawsey, Mark Sestak, Phyllis Fenn, Lauren Gambill STATUTORY

AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975 HISTORY: New rule:

filed November 20, 1996, effective December 25, 1996. Repealed and Replaced: Filed July 20,

2005, effective August 24, 2005. Amended: Filed October 20, 2010; effective date November 24,

2010. Amended: Filed February 20, 2013; effective date April 4, 2013. Amended: Filed August

19, 2016; effective date October 3, 2016. Amended: Filed November 21, 2019; effective date

March 16, 2020.

420-3-22-.04 Equipment, utensils, and linens.

(1) Applications -

(a) The provisions for use of two compartment utensil sinks in a food establishment, as

described in Chapter 4 of the document entitled 2013 edition of the United States Department of

Health and Human Services Food Code, shall be applied only when the food establishment meets

the requirements of 420-3-22-.10.

(b) The provisions of Section 4-904.13 of the document entitled 2013 edition of the

United States Department of Health and Human Services Food Code, shall not be construed to

prevent the short-term use of preset tableware to facilitate group dining, such as for banquet

settings, provided no contamination of the tableware occurs.

Food Establishment Sanitation Chapter 420-3-22

AUTHORS: Ronald Dawsey, Mark Sestak, Lauren Lerner, Rachel Sullenger

STATUTORY AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975.

HISTORY: New rule: filed November 20, 1996, effective December 25, 1996. Repealed and

Replaced: Filed July 20, 2005, effective August 24, 2005. Amended: Filed March 20, 2008;

effective date April 25, 2008. Amended: Filed August 19, 2016; effective date October 3, 2016.

420-3-22-.05 Water, plumbing, and waste.

(1) Applications

(a) When a sample of a non-public water system taken as provided in Section 5-102.13

of the document entitled 2013 edition of the United States Department of Health and Human

Services Food Code shows coliform present as reported by the Alabama Department of Public

Health Bureau of Clinical Laboratories, a resample shall be taken within seven days. Whenever

two consecutive samples taken on separate days show coliform present, the permit to operate

shall be suspended by the Health Officer in accordance with appropriate administrative

procedures. A sample result of coliform absent with no confluent growth is required prior to

reinstatement of the permit.

(b) The Health Officer may collect samples of water from bulk water dispensing, water

vending, or ice vending machines, as often as necessary to protect the public’s health. The

sample shall meet the bacterial standards of this rule. Immediate suspension of the authorization

to operate a water dispensing, water vending, or ice vending machine shall be instituted

whenever the bacterial quality standards of this rule is violated on two consecutive samples taken

on separate days. The suspension shall remain effective until a sample result of coliform absent

with no confluent growth is obtained.

United States Department of Health and Human Services Food Code, concerning special

allowances for handwashing at mobile or temporary food establishments, shall be allowed only

in declared disaster or emergency situations and no better facilities are available.

(d) “Law” relating to plumbing standards, sizes, and numbers, other than when a

minimum is specified in these rules or in the document entitled 2013 edition of the United

States Department of Health and Human Services Food Code, means local plumbing codes as

enforced by local plumbing officials.

(2) Grease traps that are located outdoors or accessible to the general public

(a) Grease traps with manholes shall be designed to withstand expected loads and

prevent access by children. The manhole cover shall be secured by a bolt or locking mechanism

or be constructed of round cast iron or similar construction rated for heavy road traffic with

sufficient weight to prevent unauthorized access. A public water or sewer authority may specify

Food Establishment Sanitation Chapter 420-3-22

either manner of manhole access exclusively, provided it conforms to this rule and prevents

unauthorized access.

(b) A commercial food service establishment shall ensure that a grease trap manhole is

secured or locked, if applicable, at all times.

AUTHORS: Ronald Dawsey, Mark Sestak, Phyllis Fenn, Lauren Lerner

STATUTORY AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975.

HISTORY: New rule: filed November 20, 1996, effective December 25, 1996. Repealed and

Replaced: Filed July 20, 2005, effective August 24, 2005. Amended: Filed March 20, 2008;

effective date April 25, 2008. Amended: Filed February 20, 2013; effective date April 4, 2013.

Amended: Filed August 19, 2016; effective date October 3, 2016. Amended: Filed

August 16, 2018; effective October 1, 2018.

420-3-22.06 Physical facilities.

(1) Application – The provision of Section 6-202-14 of the document entitled 2013

edition of the United States Department of Health and Human Services Food Code for self-

closing doors on toilet rooms shall not apply to toilet rooms used by children in child day care

centers.

(2) Allowance of a pet dog in an outdoor dining area – A pet dog that is under the

control of a person shall be permitted in an outdoor dining area of a food service establishment if

all of the following conditions are met:

(a) The owner of the food service establishment elects to allow pet dogs in its outdoor

dining area. To evidence this election, the owner of the food service facility shall file for a

waiver with the department stating they will adhere to the rules.

(b) A separate outdoor entrance is present where the pet dog can enter without going

through the food service establishment to reach the outdoor dining area. At no time may pet dogs

be permitted to travel through the indoor or non-designated outdoor portions of the food

establishment.

outdoor dining area is available for the use of patrons with pet dogs.

(d) A pet dog is not allowed on the chairs, benches, seats, or other fixtures in the outdoor

dining area of the food service establishment.

(e) The outdoor dining area is not used for food preparation or the storage of utensils.

Food Establishment Sanitation Chapter 420-3-22

(f) The designated outdoor dining area where pet dogs are allowed is at least 12 feet away

from any bar or area where beverages are prepared.

(g) A food service establishment employee refills beverages from a pitcher or other

container at the table in the outdoor dining area where pet dogs are allowed.

(h) The outdoor dining area is well maintained, kept clean, and all surfaces that have been

contaminated by pet dog excrement or other pet dog bodily fluids are properly cleaned and

sanitized immediately.

(i) The pet dog is kept on a leash or confined in a pet carrier at all times and is kept under

the control of the person possessing the pet dog.

(j) The food service establishment ensures it is in compliance with all local ordinances

related to sidewalks, public nuisances, and sanitation.

(k) A food service establishment employee is prohibited from having direct contact with

a pet dog in the outdoor dining area while on duty.

(l) A food service establishment employee who violates subdivision (k) shall wash his or

her hands as required by food safety regulations immediately.

(m) All live animals are prohibited from being inside a food establishment, except as

provided by the applicable regulations of the federal Food and Drug Administration, and except

as follows:

(1) Service dogs which are individually trained to provide assistance to an individual with

a disability.

(2) Dogs under the control of a uniformed law enforcement officer acting within the

course and scope of his or her duties.

(n) Emotional support animals are not service dogs within the meaning of the Americans

with Disabilities Act and are therefore expressly prohibited from being inside a food service

establishment.

(o) The food service establishment prepares written procedures that include:

(1) A diagram of the outdoor area to be designated as available to consumers with pet

dogs.

(2) The establishment’s procedure for ensuring that employees do not touch, pet, or

otherwise handle pet dogs.

Food Establishment Sanitation Chapter 420-3-22

(3) The establishment’s procedure describing the location of materials and equipment

necessary for the immediate clean up of accidents involving dog waste.

(4) The establishment’s procedure for notifying employees and consumers of the

requirements of this paragraph.

AUTHORS: Ronald Dawsey, Mark Sestak, Phyllis Fenn, Lauren Lerner, Rachel Sullenger

STATUTORY AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975.

HISTORY: New rule: filed November 20, 1996, effective December 25, 1996. Repealed and

Replaced: Filed July 20, 2005, effective August 24, 2005. Amended: Filed March 20, 2008;

effective date April 25, 2008. Amended: Filed August 19, 2016; effective date October 3, 2016.

Amended: Filed November 18, 2021; effective date January 14, 2022.

420-3-22-.07 Poisonous or toxic materials.

(1) Application - The application of Chapter 7 of the document entitled 2013 edition of

the United States Department of Health and Human Services Food Code does not include any

special provisions.

AUTHORS: Ronald Dawsey, Mark Sestak, Phyllis Fenn, Lauren Lerner, Rachel Sullenger

STATUTORY AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975.

HISTORY: New rule: filed November 20, 1996, effective December 25, 1996. Repealed and

Replaced: Filed July 20, 2005, effective August 24, 2005. Amended: Filed March 20, 2008;

effective date April 25, 2008. Amended: Filed August 19, 2016; effective date October 3, 2016.

420-3-22-.08 Compliance and enforcement.

(1) Exclusions - Sections 8-302.14, 8-401.10, and 8-401.20 of the document entitled

2013 edition of the United States Department of Health and Human Services Food Code are

specifically excluded from this adoption.

(2) Permit required - It shall be unlawful for any person to operate a food establishment

in Alabama unless such person possesses a valid permit issued by the Health Officer for the

operation of such establishment. Only persons who comply with the provisions of these rules

shall be entitled to receive and retain such a permit. Permits shall not be transferable with

respect to person, food establishment, or location. The permit shall be kept posted by the

proprietor in a conspicuous place within the food establishment, but shall remain the property of

the Health Department. The permit shall be revocable for violation of these rules.

(3) Issuance of permits -

(a) Any person desiring to operate a food establishment shall make written application for

a permit on forms provided by the Health Officer. Such application shall include the name

Food Establishment Sanitation Chapter 420-3-22

and address of each applicant, the location and type of the proposed food establishment and the

signature of each applicant. The permits shall be applied for and issued on forms prescribed by

the State Health Officer. Permits shall automatically expire on the date upon which state, county

and municipal annual privilege licenses expire or on a date designated by the Health Officer, and

shall be renewable each year upon written application from the operator within 150 days prior to

date of expiration of food permits and upon compliance with the laws and rules.

(b) Prior to approval of an application for a permit, the Health Officer shall inspect the

proposed food establishment or review the inspection file of the food establishment to determine

compliance with the requirements of these rules.

reveals that the proposed food establishment complies with the requirements of these rules,

including, when required, verification that the permit holder or their designee, possesses a valid

certification from an accredited program, issued within the previous five years (60 months) or

completion of an accredited program without certification within the previous 12 months from

the date of the permit application. The permit shall be specific for the type of food establishment

for which the permit is requested on the application, as Priority Category 1, Priority Category 2,

Priority Category 3, or Priority Category 4.

(4) Permit denials, suspensions, and revocations – The Health Officer’s denial,

suspension and/or revocation of a permit shall be governed by the Alabama Administrative

Procedure Act, § 41-22-1, et seq., Code of Alabama, 1975. The Department shall fulfill any

request for license or permit within 28 calendar days after receiving the application or notify the

applicant of the reason for failure to issue the license or permit.

(5) Hearings -

(a) Contested case hearings shall be provided in accordance with the Alabama

Administrative Procedure Act, § 41-22-1, et seq., Code of Alabama, 1975, and the State Board of

Health’s Contested Case Hearing Rules, Chapter 420-1-3. Informal settlement conferences may

be conducted as provided in the State Board of Health’s Contested Case Hearing Rules, Chapter

420-1-3.

(b) A person may appeal a civil penalty assessed pursuant to the authority of

Acts 2009-584 and 2015-156 (Catfish labeling law) by submitting a written request for a hearing

to the Department of Public Health. The written request for hearing must be received by the

Department within 15 days from the date the person received written notice of the imposition of

the civil penalty from the Department. The written request for hearing shall be mailed to the

following address: Alabama Department of Public Health, Office of General Counsel, P.O. Box

303017, Montgomery, Alabama 36130-3017. A copy of the written request for hearing shall

also be furnished to the Health Officer of the county from which said penalty was imposed.

Food Establishment Sanitation Chapter 420-3-22

(6) Suspension of permits - Permits may be suspended temporarily by the Health

Officer for failure of the permit holder to comply with the requirements of these rules.

(7) Revocation of permits - The Health Officer may, after providing opportunity for

hearing, revoke a permit for serious or repeated violations of any of the requirements of these

rules or for interference with the Health Officer in the performance of his duty or for failure to

comply with the provisions of a notice of permit suspension issued under 420-3-22-.08(6).

(8) Application after revocation - Whenever a revocation of a permit has become final,

the holder of the revoked permit may make written application for a new permit after 90 days

from the date of revocation. The applicant shall demonstrate compliance with the requirements

of these rules and shall specifically set forth any change in circumstances that would justify

issuance of a new permit.

(9) Inspection frequency -

(a) Food establishments shall be inspected at a minimum schedule based on their

assigned Priority Category.

1. Priority Category 4 establishments shall be inspected at least four times per year.

2. Priority Category 3 establishments shall be inspected at least three times per year

when the sanitation score on the last inspection was 94 or below and at least two times per year

when the sanitation score on the last inspection was 95 or above.

3. Priority Category 2 establishments shall be inspected at least two times per year.

4. Priority Category 1 establishments shall be inspected at least once per year.

5. Bars and lounges serving only beverages, or only beverages along with Priority

Category 2 food items, shall be inspected at least annually.

6. Food establishments earning a sanitation score of less than 85 on the last inspection

shall be inspected again within the next 60 days.

(b) Legal notices (ADPH-F-Insp.-17/7-82 or similar form prescribed by the State Health

Officer) shall be issued when priority or priority foundation items are in violation and the

necessary reinspections shall be made in accordance with 420-3-22-.08(12).

necessary for the enforcement of these rules.

Food Establishment Sanitation Chapter 420-3-22

(d) The State of Alabama, Department of Public Health, shall make Food Sanitation

Surveys and Program Evaluations as determined by the State Health Officer. Surveys shall be

made in accordance with the provisions of these rules and the results incorporated in the annual

Alabama Public Health Report. The Department shall provide education and training in food

sanitation and in regulation interpretation, standardized inspection techniques and enforcement

procedures for food protection program personnel.

(10) Access - The Health Officer, after proper identification, shall be permitted to enter

any food establishment at any reasonable time for the purpose of making inspections to

determine compliance with these rules. The Health Officer shall be permitted to examine the

records of the establishment to obtain information pertaining to food and supplies purchased,

received or used, or to persons employed.

(11) Report of inspections –

(a) Whenever an inspection of a food establishment is made, the findings shall be

recorded on the inspection report form prescribed by the State Health Officer. The inspection

report form shall summarize the requirements of these rules and shall set forth a weighted point

value for each requirement. Inspectional remarks shall be written to reference, by rule number,

the rule violated and shall state the corrections to be made.

(b) The rating score of the establishment shall be the total of the weighted point values for

all violations subtracted from 100, except as otherwise provided in this section. The original

of the inspection report form shall be conspicuously displayed for public view within the

establishment.

these rules for obtaining a permit, the inspection results shall be reported as “Approved for

permit.”

(d) The score shall be promptly entered on the Food Inspection Chart or electronic file in

the county health department. A copy of the inspection report shall be filed with the records of

the county health department. The completed inspection report form is a public document that

shall be made available for public disclosure to any person who requests it according to law.

(12) Correction of violations -

(a) The completed inspection report form shall specify a reasonable period of time for the

correction of the violations found; and correction of the violations shall be accomplished within

the period specified, in accordance with the following provisions:

1. If an imminent health hazard exists, such as extended interruption of electrical or

water service, complete lack of refrigeration, complete lack of hot water under pressure, sewage

Food Establishment Sanitation Chapter 420-3-22

backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak,

gross insanitary occurrence or condition, substantial damage due to fire or flooding, or other

circumstance that may endanger public health, including an inspection score of less than 60 on

an inspection for enforcement purposes (not an inspection for training or survey purposes), the

establishment shall immediately cease operations. Operations shall not be resumed until

authorized by the Health Officer. A permit holder need not discontinue operations in an area of

an establishment if, in the opinion of the Health Officer, the area is unaffected by the imminent

health hazard.

2. Except as otherwise allowed in 420-3-22-.08(12)(a)3, all violations of priority and

priority foundation items shall be corrected as soon as possible, but in any event, within three

days for priority items and ten days for priority foundation items following the inspection.

3. Failure of the permit holder or their designee to have a valid certification from an

accredited program issued within the previous five years (60 months) or completion of an

accredited program without certification within the previous 12 months prior to the date of the

inspection, shall be corrected within 120 days.

4. All core items shall be corrected as soon as possible, but in any event, by the time of

the next routine inspection. The Health Officer may approve a compliance schedule for core

items that extends beyond the time limits specified under this section if a written schedule of

compliance is submitted by the permit holder and no health hazard exists or will result from

allowing an extended schedule for compliance.

5. When the rating score of the establishment is less than 70, the establishment shall

initiate corrective action on all identified violations within 48 hours. One or more reinspections

will be conducted at reasonable time intervals to assure correction.

6. When the rating score of the establishment is less than 60 on an inspection for

enforcement purposes (not an inspection for training or survey purposes), the permit shall be

immediately suspended. The permit shall remain suspended until all priority and priority

foundation items are corrected, the permit holder or their designee has registered to attend an

accredited program regardless of the Priority Category of the food establishment, and the rating

score is 85 or above. Reinspections will be conducted at reasonable time intervals and in

accordance with the provisions of 420-3-22-.08(9).

7. In the case of temporary food service establishments, all violations shall be corrected

within 24 hours. If violations are not corrected within 24 hours, the establishment shall

immediately cease food service operations until authorized to resume by the Health Officer.

8. In the case of mobile food units, all violations shall be corrected within the time limits

set by this rule. Priority and priority foundation violations on the mobile food unit shall be

Food Establishment Sanitation Chapter 420-3-22

considered failure to follow an approved plan of operations and shall be noted as such on the

commissary inspection report.

9. Failure to conspicuously post for public view any document issued by the Health

Officer and required by these rules to be so posted, or any document required by law to be

posted and with the Health Officer as the enforcement authority, shall be corrected as soon as

possible, but in any event, within ten days following the inspection.

(b) The inspection report shall state that failure to comply with any time limits for

corrections may result in cessation of operations. An opportunity for hearing on the inspection

findings or the time limitations or both will be provided if a written request is filed with the

Health Officer within 15 days following cessation of operations. If a request for hearing is

received, a hearing shall be held in accordance with 420-3-22-.08(5).

cease operations, it shall not resume operations until it is shown on reinspection that

conditions responsible for the order to cease operations no longer exist. Opportunity for

reinspection shall be offered within a reasonable time.

(13) Vending machines - For the purpose of these rules, provisions relating to vending

machines shall be enforced against the food processing establishment providing food for

placement in the vending machines. Except that, nothing in this rule shall be construed to

prevent the Health Officer from taking any necessary action to abate a public health problem or

nuisance associated with a vending machine.

(14) Examination and condemnation of food -

(a) Food may be examined or sampled by the Health Officer as often as necessary for

enforcement of these rules.

(b) The Health Officer may, upon written notice to the owner or person in charge,

specifying with particularity the reason therefore, place a do not sell order on any food which he

believes is in violation of 420-3-22-.03 or any other section of the rules. The Health Officer

shall tag, label, or otherwise identify any food subject to the do not sell order.

establishment. The Health Officer shall permit storage of the food under conditions specified in

the do not sell order unless storage is not possible without risk to the public’s health, in which

case the food shall be destroyed in accordance with Section 22-10-3, Code of Alabama, 1975.

(d) The do not sell order shall state that a request for hearing may be filed within 15 days

and that if no hearing is requested the food shall be destroyed. If a request for hearing is

Food Establishment Sanitation Chapter 420-3-22

received, the hearing shall be held in accordance with the rules of the Board. On the basis of

evidence produced at that hearing, the do not sell order may be vacated, or the owner or person

in charge of the food may be directed by written order to denature or destroy such food or to

bring it into compliance with the provisions of these rules.

AUTHORS: Ronald Dawsey, Mark Sestak, Phyllis Fenn, Lauren Lerner, Rachel Sullenger

STATUTORY AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975 Act #

2009-584. HISTORY: New rule: filed November 20, 1996, effective December 25, 1996.

Repealed and Replaced: Filed July 20, 2005, effective August 24, 2005. Amended: Filed March

20, 2008; effective April 25, 2008. Amended: Filed October 21, 2009; effective November 25,

2009. Amended: Filed February 20, 2013; effective date April 4, 2013. Amended: Filed August

19, 2016; effective date October 3, 2016.

420-3-22-.09 Mobile food establishments.

(1) General – Mobile food establishments, units, or pushcarts shall comply with the

requirements of 420-3-22-.09 except as otherwise provided in this rule. The Health Officer may

impose additional requirements to protect against health hazards related to the conduct of the

food service establishment as a mobile operation, may prohibit the sale of some or all

time/temperature control for safety food, and when no health hazard will result, may waive or

modify requirements of this rule relating to physical facilities, except those requirements of 420-

3-22-.09(6). Pushcarts shall have overhead protection, such as an umbrella, to cover the food

area.

(2) Restricted operation -

(a) A mobile food establishment or unit shall be approved by the Health Officer to

operate within each county before operating within that county. Authorization to operate in one

county does not confer authorization to operate in any other county. It shall be the responsibility

of the mobile food establishment operator and the commissary permit holder to obtain proper

approval and authorization to operate within each county.

(b) Mobile food units or pushcarts serving only food prepared, packaged in individual

servings, transported and stored under conditions meeting the requirements of these rules, or

beverages that are not time/temperature control for safety and are dispensed from covered

dispensers, covered urns, or other protected equipment, need not comply with requirements of

these rules pertaining to the necessity of water and waste water systems nor to those

requirements pertaining to the cleaning and sanitization of equipment and utensils, if the required

equipment for cleaning and sanitizing exists at the commissary.

the mobile food unit, except that pull-behind trailer units used only for cooking may be allowed

if pre-approved by the Health Officer.

Food Establishment Sanitation Chapter 420-3-22

(d) All foods, single service articles, single use articles, and other items used for the

operation of the mobile food unit shall be stored at the approved commissary other than during

normal business operation of the mobile food unit, except that time/temperature control for

safety foods in packages or containers that have been opened, including opened or unpackaged

time/temperature control for safety foods in holding bins on the mobile food unit, shall be

discarded after each day’s operation.

(3) Requirements -

(a) Public health protection - Mobile food units or pushcarts shall have the appropriate

facilities to provide public health protection for the specific type of food operation conducted on

or at the mobile unit or pushcart according to Appendix “A”.

(b) Handwashing facilities - Handwashing facilities shall be provided on the mobile food

establishment or pushcart where any food preparation activities are conducted or unpackaged

foods are handled. This facility shall include a sink, soap and towels in dispensers, and a reliable

supply of hot and cold water dispensed through a mixing valve faucet. Facilities to heat water

shall be on the mobile food unit. The facilities and supplies shall be located to be easily

accessible and unobstructed for use by the operator. Gloves are not allowed as a substitute for a

handwashing facility.

service articles that are individually wrapped or in sanitary containers or approved dispensers for

use by the consumer.

(d) Mobile food unit identification - The business name and address of the commissary,

as shown on the commissary’s Food Permit, and telephone number of the commissary, shall be

permanently placed on at least two sides of the mobile food unit. Lettering shall be legible,

clearly visible to the public from the service area, and of a color contrasting with the unit

exterior. The name shall be in letters at least three inches high with strokes of at least 3/8 inch

width. The address and telephone number shall be in letters at least one inch high.

(e) Plan review -

1. A drawing showing the location of the mobile unit or pushcart’s water supply tank,

waste water retention tank, handwashing facility, utensil washing facility, food storage

compartments, and any other pertinent information requested by the Health Officer shall be

provided in conjunction with the commissary plan review required in Section 420-3-22-.09(6)(c).

2. A plan of operations shall be filed with the Health Officer stating the proposed menu

and methods of complying with the requirements of these rules for temperature control,

handwashing, and servicing at the commissary. The plan of operations shall specify if the

mobile food establishment is proposed to:

Food Establishment Sanitation Chapter 420-3-22

(i) be at any one sales location, or essentially the same sales location, for longer than two

hours,

(ii) be at any sales location that is more than two hours travel time from the commissary,

(iii) operate in a county other than where the commissary is located.

3. For any location where the mobile food establishment is proposed to stay for two or

more hours, the plan of operations shall provide for toilet facilities for the operator. These toilet

facilities shall be in a permanent building that is not a private residence; shall be readily available

for use by the mobile food unit operator; within approximately 200 feet of the mobile food unit’s

location unless otherwise approved by the Health Officer; and except for ventilation and ceiling

construction, meet the requirements of these rules for food establishment toilet rooms.

(4) Responsibility of commissary permit holder -

It shall be the responsibility of the commissary permit holder to comply with the

provisions of the approved plan of operations. Failure to comply with the provisions of the plan

of operations, including preventing priority or priority foundation item violations on the

mobile food unit, shall be noted on the commissary inspection report and may be grounds for

suspension or revocation of the commissary food permit and the authorization to operate a

mobile food establishment.

(5) Caterer - Caterers shall furnish the following information along with the application

for a Food Permit:

(a) A list of the general types of foods proposed to be catered such as “barbecue pork,”

“baked goods” or similar general descriptions;

(b) A description of food preparation processes and, if time/temperature control for safety

food is to be cooled prior to service, a description of cooling methods; and,

service.

(6) Commissary base of operations -

(a) Mobile food units or pushcarts shall operate from a commissary and shall report at

least daily to such location for all supplies and for all cleaning and servicing operations.

(b) The commissary or other fixed food service establishment used as a base of operation

for mobile food units or pushcarts shall include, at a minimum, in accordance with Appendix

Food Establishment Sanitation Chapter 420-3-22

“A,” employee toilet facilities, a handwashing sink, a warewashing sink, a servicing area, and be

constructed and operated in compliance with these rules.

food establishment shall first furnish plans for review and approval showing compliance with the

requirements of these rules for a servicing area as specified in 420-3-22-.09(6), the proposed

storage area for foods and other supplies, and, if the mobile unit is a pushcart, the covered and

protected storage area reserved for the pushcart.

(d) The commissary owner shall make the mobile food units or pushcarts available for

inspection at the commissary at any reasonable time as requested by the Health Officer. In the

event a mobile food unit or pushcart cannot be presented for inspection at the commissary, the

commissary’s permit shall be suspended in accordance with the provisions of 420-3-22-.08(4).

(7) Mobile food unit servicing area -

(a) A mobile food unit servicing area shall be provided and should include overhead

protection for any supplying, cleaning or servicing operation. This servicing area will not be

required where only packaged food is placed on the mobile food unit or pushcart or where

mobile food units do not contain water tanks or waste water retention tanks.

(b) Within this servicing area, there shall be a location provided for the flushing and

drainage of liquid wastes separate from the location provided for water servicing and for the

loading and unloading of food and related supplies.

material, such as concrete or machine laid asphalt, and shall be maintained in good repair, kept

clean and be graded to drain.

(d) The construction of the walls and ceilings of the servicing area is exempted from the

provisions of 420-3-22-.06.

AUTHORS: Ronald Dawsey, Mark Sestak, Phyllis Fenn, Lauren Lerner, Rachel Sullenger

STATUTORY AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975.

HISTORY: New rule: filed November 20, 1996, effective December 25, 1996. Repealed and

Replaced: Filed July 20, 2005, effective August 24, 2005. Amended: Filed March 20, 2008;

effective date April 25, 2008. Amended: Filed August 19, 2016; effective date October 3, 2016.

420-3-22-.10 Priority Category 2 establishments.

(1) General - A Priority Category 2 establishment shall comply with the requirements of

these rules, except as otherwise provided. The application for a permit and the permit shall

specify the designated food items that will be prepared, handled, or served. It shall be the

Food Establishment Sanitation Chapter 420-3-22

responsibility of the person applying for a Priority Category 2 Establishment Food Permit to

show evidence satisfactory to the Health Officer that any proposed food items for sale meet the

requirements of 420-3-22-.01(4)(a)23.

(a) Establishments serving only coffee in single service cups and utilizing single service

stirrers and coffee condiments that are not time/temperature control for safety do not require a

permit or inspections.

(b) Self contained ice vending machines that dispense only bagged ice do not require a

permit or inspections.

(2) Facilities –

(a) An adequately sized warewashing sink having at least two compartments furnished

with hot and cold water and a drain board or easily movable dish table shall be used for cleaning

all equipment and utensils in a Priority Category 2 establishment.

(b) At least one handwashing sink shall be provided convenient to the work area. Each

handwashing sink shall be provided with hot and cold water tempered by means of a mixing

valve or combination faucet. Soap and provisions for hand drying shall be furnished at each

handwashing sink.

cleaning facilities specified in 420-3-22-.05. Outside storage of garbage and refuse containers

shall be in accordance with 420-3-22-.05 except that portion which requires storage of outside

garbage containers on or above a smooth surface of nonabsorbent material such as concrete or

machine laid asphalt. Refuse handling units shall be exempt from 420-3-22-.05 provided that

insanitary conditions do not develop which create a health hazard or cleaning problem.

(d) The construction requirements of any area wherein equipment and utensils are washed

or operation of equipment such as popcorn machines may result in grease, steam, or water

accumulations shall include those specified in 420-3-22-.06. The construction requirements of

420-3-22-.06 shall not apply to any food service area or toilet room area of the limited food

establishment in which no health hazard or cleaning problem will be created.

AUTHORS: Ronald Dawsey, Mark Sestak, Phyllis Fenn, Lauren Gambill STATUTORY

AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975. HISTORY: New rule:

filed November 20, 1996, effective December 25, 1996. Repealed and Replaced: Filed July 20,

2005, effective August 24, 2005. Amended: Filed March 20, 2008; effective date April 25, 2008.

Food Establishment Sanitation Chapter 420-3-22

Amended: Filed August 19, 2016; effective date October 3, 2016. Amended: Filed

November 21, 2019; effective date January 13, 2020.

420-3-22-.11 Priority Category 1 establishments.

(1) General - A Priority Category 1 establishment shall comply with the requirements

of these rules except as otherwise provided. The application for a permit and the permit shall

specify that only prepackaged food items shall be sold or handled.

(2) Facilities -

(a) Equipment and utensil cleaning facilities shall not be required in Priority Category 1

establishments which market only prepackaged food items.

(b) At least one handwashing sink shall be provided and supplied with water, hand

cleanser, and provisions for hand drying.

facilities specified in 420-3-22-.05 or demonstrate other effective means for keeping the

containers clean.

(d) Floors, walls and ceilings of the Priority Category 1 establishment shall be

maintained in good repair and shall be kept clean.

AUTHORS: Ronald Dawsey, Billy W. Johnson, Mark Sestak

STATUTORY AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975.

HISTORY: New rule: filed November 20, 1996, effective December 25, 1996. Repealed and

Replaced: Filed July 20, 2005, effective August 24, 2005. Amended: Filed March 20, 2008;

effective date April 25, 2008.

420-3-22-.12 Temporary food service establishments.

(1) General -

(a) A temporary food service establishment shall comply with the requirements of these

rules, except as otherwise provided in this rule. The Health Officer may impose additional

requirements to protect against potential health hazards related to the conduct of the temporary

food service establishment, may prohibit the sale of some or all time/temperature control for

safety foods, and may waive or modify requirements of these rules after considering potential

public health risks and no health hazard is reasonably expected to result due to mitigating factors

including total length of time for the event of less than four days, event location, time of year,

restricted menus, or other determining factors.

Food Establishment Sanitation Chapter 420-3-22

(b) It shall be unlawful for any person to operate a temporary food service establishment

unless such person possesses a valid permit issued by the Health Officer for the operation of such

establishment.

the temporary event, or that does not return daily to its commissary during the course of the

event, shall obtain a separate temporary food permit for the event.

(2) Exemptions allowed -

(a) A temporary event sponsored by a political subdivision of this state or an agency or

organization that is exempt from taxes or business license requirements may apply for an

exemption from these rules for a temporary event of not more than three days (72 hours)

duration, and shall be issued an exemption from the requirements of these rules, provided:

1. All food operations, from initial preparation, service to the consumer, and final clean-

up and removal from the site, are completed within 72 hours,

2. The event site location, the name of each food vendor, and a general description list of

foods to be sold from each food vendor are supplied along with, and as a part of, the application

for exemption at least five days prior to the date of the event, and

3. The list of foods meets the restriction of Section (2)(d) of this rule.

(b) An exemption is for the event itself and shall apply only to vendors named in the

application for an exemption. Individual temporary food service establishments may not receive

an individual exemption apart from the event. Individual components of a multiple-day event,

such as daily exhibitions as part of a multiple-day event, shall not be construed as separate events

eligible for an exemption under this rule.

being the cause of a foodborne illness, regardless of whether the food is being sold, held, or

otherwise processed at an exempt temporary event. Any person to whom such an order is issued

shall comply immediately therewith.

(d) An exemption shall not be construed as allowing the sale of low acid foods in a

hermetically sealed container (for example, such as home-canned vegetables) when such food is

not prepared in a permitted establishment.

(3) Restricted operations - Only those time/temperature control for safety foods

approved by the Health Officer for preparation or service at the temporary food service

establishment shall be prepared or served.

Food Establishment Sanitation Chapter 420-3-22

AUTHORS: Ronald Dawsey, Mark Sestak, Phyllis Fenn, Lauren Lerner, Rachel Sullenger

STATUTORY AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975.

HISTORY: New rule: filed November 20, 1996, effective December 25, 1996. Repealed and

Replaced: Filed July 20, 2005, effective August 24, 2005. Amended: Filed March 20, 2008;

effective date April 25, 2008. Amended: Filed February 20, 2013; effective date April 4, 2013.

Amended: Filed August 19, 2016; effective date October 3, 2016.

420-3-22-.13 Food establishments and food processing establishments outside jurisdiction

of the Health Officer.

Food from food establishments or food processing establishments outside the jurisdiction

of the Health Officer of the State of Alabama may be sold within the State of Alabama if such

establishments conform to the provisions of these rules or to substantially equivalent provisions.

To determine the extent of compliance with such provisions, the State Health Officer may accept

reports from responsible authorities in other jurisdictions where such food establishment or food

processing establishments are located.

AUTHORS: Ronald Dawsey, Billy W. Johnson, Mark Sestak

STATUTORY AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975.

HISTORY: New rule: filed November 20, 1996, effective December 25, 1996. Repealed and

Replaced: Filed July 20, 2005, effective August 24, 2005. Amended: Filed March 20, 2008;

effective date April 25, 2008.

420-3-22-.14 Repealer.

Except for those rules promulgated under the authority of Sections 22-21-20, et seq.,

Code of Alabama, 1975, all rules promulgated by the Board which are in conflict with these rules

or any portion thereof are hereby expressly repealed.

AUTHORS: Ronald Dawsey, Billy W. Johnson, Mark Sestak

STATUTORY AUTHORITY: Sections 22-2-2(6) and 22-20-5, Code of Alabama, 1975.

HISTORY: New rule: filed November 20, 1996, effective December 25, 1996. Repealed and

Replaced: Filed July 20, 2005, effective August 24, 2005. Amended: Filed March 20, 2008;

effective date April 25, 2008.

Food Establishment Sanitation Chapter 420-3-22

APPENDIX A

REQUIREMENTS by menu and type of Mobile Unit.

The key to the numbers is on the next page.

FOOD ITEM

PUSHCART

SELF-PROPELLED

VEHICLE

Pre-packaged TCS*

(For only pre-packaged ice cream,

no permit is required)

1 or 2

Dispensing raw shrimp or

raw fish

(not pre-wrapped)

Not allowed on a

pushcart

1 or 2

Unpackaged “Category 2”

items

1 or 2

4 or 5 or 7

6 (for TCS)

1 or 2

4 or 5 or 7

6 (for TCS)

Heating or hot holding a

pre-cooked TCS* food

(unpackaged), or heating

non-TCS*

1 or 2

4 or 5 or 7

6 (for TCS)

TCS must meet

definition of Priority

Category 2 Food

1 or 2

4 or 5 or 7

6 (for TCS)

Cooking raw TCS*

Not allowed on a

pushcart

1 or 2

*TCS = Time/Temperature Control for Safety

THESE ARE GENERAL REQUIREMENTS BASED ON BROAD MENU CATEGORIES. A

SPECIFIC MENU AND OPERATION MAY REQUIRE ADDITIONAL FACILITIES.

Food Establishment Sanitation Chapter 420-3-22

Key to chart on previous page

1- Operate from a commissary meeting all requirements of 420-3-22-.09. The commissary

must have, at a minimum, facilities to store food at the required temperatures, a toilet facility

and, except when all food is prepackaged, fill potable water tanks, empty wastewater tanks,

provide a handwashing sink, provide an appropriate warewashing sink and all required items of

the Food Sanitation Rules. If food preparation activities on the mobile unit generate grease or

grease-laden vapors, the commissary must have a grease trap in accordance with local

requirements.

2- Operate from a permitted food service establishment (which may be a separately-owned

business under the restrictions of 420-3-22-.09) with facilities to store food at the required

temperatures, a toilet facility and, except when all food is prepackaged, fill potable water tanks,

empty wastewater tanks, provide a handwashing sink, provide an appropriate warewashing sink

and all required items of the Food Sanitation Rules. If food preparation activities on the mobile

unit generate grease or grease-laden vapors, the commissary must have a grease trap in

accordance with local requirements.

3- Handwashing facility on-board the mobile unit; potable (drinking) water tank securely

affixed on-board; wastewater holding tank securely affixed on-board, 15 percent larger than the

potable water tank; warm water (100°F) provided at all times in adequate amounts.

4- Three-compartment sink on-board with chemical test papers provided and used.

5- Two-compartment sink on-board with chemical test papers provided and used.

6- Refrigeration/cold holding facilities on-board and/or facilities for hot holding food on-

board, thermometers provided and used.

7- Four sets of food handling utensils, properly sanitized and prewrapped, on-board.

(CHECK WITH THE LOCAL COUNTY HEALTH DEPARTMENT WHERE OPERATION IS

PROPOSED TO VERIFY IF THIS OPTION IS ALLOWED).

8- Cooking facilities on-board, to include thermometers, water under pumped pressure to all

sinks, sufficient ventilation to remove vapors and smoke from the cooking area, screens or

effective forced air barriers, self closing doors, shielded lights, and smooth, non-absorbent, easily

cleanable floors, walls, and ceilings.

9- Transport entire mobile unit to commissary daily.

10- (For vehicles used for dispensing only raw fish or shrimp) Maintain product in direct

contact with ice with meltwater contained until delivery is completed. Meltwater shall be

disposed in a sanitary manner at the commissary or in accordance with law. Insulated

containers and all necessary articles used for dispensing must be in an enclosed part of the

vehicle, such as in a covered bed of a pick-up or inside a van. The commissary must have the

capability to wash, rinse, and sanitize all food contact surfaces, and for cleaning the vehicle.

Food Establishment Sanitation Chapter 420-3-22

APPENDIX B

Only the following wild harvested mushroom species may be offered for sale or service in a food

service establishment:

Beefsteak (Fistulina hepatica)

Black Trumpet (Craterellus fallax)

Blewits (Lepista nuda)

Blue Milky (Lactarius indigo)

Cauliflower (Sparassis spp.)

Chanterelles (Cantharellus spp. Exception C. persicinus)

Chicken of the Woods (Laetiporus spp. Exception L. persicinus)

Golden and Burgundy Milkies (Lactarius corrugis, L.volemus, L. hygrophoroides)

Green Quilted Russula (Russula virescens, R. parvovirescens, R. crustosa)

Hedgehog (Hydnum repandum, H. albomagnum)

Honey mushrooms (Armillaria mellea, A.tabescens)

Lions Mane or Pom Pom or Bearded tooth or Bear’s head (Hericium spp.)

Lobster (Hypomyces lactifluorum)

Maitake or Hen of the woods (Grifola frondosa)

Morels (Morchella spp.)

Oyster Mushroom (Pleurotus spp. Exception Pleurotus levis, P. dryinus)

Pecan Truffle (Tuber spp.)

Puffballs (Lycoperdon spp., Calvatia spp.)

Reishi mushrooms (Ganoderma curtisii, G. tsugae, G. sessile)

Shaggy mane (Coprinus comatus)

Turkey tail (Trametes versicolor)

Umbrella Polypore (Cladomeris umbellata)

Wood Ears (Auricularia spp.)