16.10.236 [37.110.236] TEMPORARY FOOD SERVICE ESTABLISHMENT RULES

1. A temporary food service establishment must comply with the requirements of this subchapter, except as otherwise provided in this rule. The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the temporary food service establishment, may prohibit the sale of some or all potentially hazardous foods, and when no health hazard will result, may waive or modify requirements of this subchapter.
2. Subsections (3) through (14) of this rule are applicable whenever a temporary food service establishment is permitted, under the provisions of (1) of this rule, to operate without complying with all the requirements of this subchapter.
3. Only those potentially hazardous foods requiring limited preparation, such as hamburgers and frankfurters that only require seasoning and cooking must be prepared or served. The preparation or service of other potentially hazardous foods, including pastries filled with cream or synthetic cream, custards and similar products, and salads or sandwiches containing meat, poultry, eggs or fish is prohibited. This prohibition does not apply to any potentially hazardous food that has been prepared and packaged under conditions meeting the requirements of this subchapter, is obtained in individual servings, is stored at a temperature of 41F (5C) or below, or as specified in ARM 16.10.203(61), or at a temperature of 135F (57.2C) or above in facilities meeting the requirements of this subchapter, and is served directly in the unopened container in which it was packaged.
4. Ice that is consumed or that contacts food must be made under conditions meeting the requirements of this subchapter. The ice must be obtained only in chipped, crushed or cubed form and in single-use safe plastic or wet-strength paper bags filled and sealed at the point of manufacture. The ice must be held in these bags until it is dispensed in a way that protects it from contamination.
5. Equipment must be located and installed in a way that prevents food contamination and that also facilitates cleaning the establishment.
6. Food contact surfaces of equipment must be protected from contamination by consumers and other contaminating agents. Effective shields for such equipment must be provided, as necessary, to prevent contamination.
7. All temporary food service establishments without effective facilities for cleaning and sanitizing tableware must provide only single-service articles for use by the consumer.
8. Enough potable water must be available in the establishment for food preparation, for cleaning and sanitizing utensils and equipment, and for hand washing. A heating facility capable of producing enough hot water for these purposes shall be provided on the premises.
9. Storage of packaged food in contact with water or undrained ice is prohibited. Wrapped sandwiches may not be stored in direct contact with ice.

Click here to go to next page