§229.167 Physical Facilities.
(a) Indoor areas, surface characteristics. Materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be:
(1) smooth, durable, and easily cleanable for areas where food establishment operations are conducted;
(2) closely woven and easily cleanable carpet for carpeted areas; and
(3) nonabsorbent for areas subject to moisture such as food preparation areas, walk-in refrigerators, warewashing areas, toilet rooms, mobile food establishment servicing areas, and areas subject to flushing or spray cleaning methods.
(b) Outdoor areas, surface characteristics.
(1) Walking and driving areas. The outdoor walking and driving areas shall be surfaced with concrete, asphalt, or gravel or other materials that have been effectively treated to minimize dust, facilitate maintenance, and prevent muddy conditions.
(2) Exterior surfaces. Exterior surfaces of buildings and mobile food establishments shall be of weather-resistant materials and shall comply with law.
(3) Storage areas. Outdoor storage areas for refuse, recyclables, or returnables shall be of materials specified under §229.166(l)(2) and (3) of this title (relating to Water, Plumbing, and Waste).
(c) Floors, walls, and ceilings.
(1) Cleanability. Except as specified in paragraph (4) of this subsection, the floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are smooth and easily cleanable, except that antislip floor coverings or applications may be used for safety reasons.
(2) Floors, walls, and ceilings, utility lines.
(A) Utility service lines and pipes may not be unnecessarily exposed.
(B) Exposed utility service lines and pipes shall be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings.
(C) Exposed horizontal utility service lines and pipes may not be installed on the floor.
(3) Floor and wall junctures, coved, and enclosed or sealed.
(A) In food establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than 1 millimeter (one thirty-second inch).
(B) The floors in food establishments in which water flush cleaning methods are used shall be provided with drains and graded to drain, and the floor and wall junctures shall be coved and sealed.
(4) Floor carpeting, restrictions and installation.
(A) Carpeting may not be installed as a floor covering in food preparation areas, walk-in refrigerators, warewashing areas, toilet room areas where handwashing lavatories, toilets, and urinals are located, refuse storage rooms, or other areas subject to moisture, flushing, or spray cleaning methods.
(B) If carpeting is installed as a floor covering in areas other than those specified in subparagraph (A) of this paragraph, it shall be:
(i) securely attached to the floor with a durable mastic, by using a stretch and tack method, or by another method; and
(ii) installed tightly against the wall under the coving or installed away from the wall with a space between the carpet and the wall and with the edges of the carpet secured by metal stripping or some other means.
(5) Floor covering, mats and duckboards. Mats and duckboards shall be designed to be removable and easily cleanable.
(6) Wall and ceiling coverings and coatings.
(A) Wall and ceiling covering materials shall be attached so that they are easily cleanable.
(B) Except in areas used only for dry storage, concrete, porous blocks, or bricks used for indoor wall construction shall be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface.
(7) Walls and ceilings, attachments.
(A) Except as specified in subparagraph (B) of this paragraph, attachments to walls and ceilings such as light fixtures, mechanical room ventilation system components, vent covers, wall mounted fans, decorative items, and other attachments shall be easily cleanable.
(B) In a consumer area, wall and ceiling surfaces and decorative items and attachments that are provided for ambiance need not meet this requirement if they are kept clean.
(8) Walls and ceilings, studs, joists, and rafters. Studs, joists, and rafters may not be exposed in areas subject to moisture. This requirement does not apply to temporary food establishments.
(1) Light bulbs, protective shielding.
(A) Except as specified in subparagraph (B) of this paragraph, light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles.
(B) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages, if:
(i) the integrity of the packages cannot be affected by broken glass falling onto them; and
(ii) the packages are capable of being cleaned of debris from broken bulbs before the packages are opened.
(C) An infrared or other heat lamp shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed.
(2) Heating, ventilating, air conditioning system vents. Heating, ventilating, and air conditioning systems shall be designed and installed so that make-up air intake and exhaust vents do not cause contamination of food, food contact surfaces, equipment, or utensils.
(3) Insect control devices, design and installation.
(A) Insect control devices that are used to electrocute or stun flying insects shall be designed to retain the insect within the device.
(B) Insect control devices shall be installed so that:
(i) the devices are not located over a food preparation area; and
(ii) dead insects and insect fragments are prevented from being impelled onto or falling on exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.
(4) Toilet rooms, enclosed. A toilet room located on the premises shall be completely enclosed and provided with a tight-fitting and self-closing door except that this requirement does not apply to a toilet room that is located outside a food establishment and does not open directly into the food establishment such as a toilet room that is provided by the management of a shopping mall.
(5) Outer openings, protected.
(A) Except as specified in subparagraphs (B) and (C) of this paragraph, outer openings of a food establishment shall be protected against the entry of insects and rodents by:
(i) filling or closing holes and other gaps along floors, walls and ceilings;
(ii) closed, tight-fitting windows; and
(iii) solid self-closing, tight-fitting doors, except that doors designed for emergency exit only and which are activated for security alarm when opened need not be self-closing.
(B) Subparagraph (A) of this paragraph does not apply if a food establishment opens into a larger structure, such as a mall, airport, or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents.
(C) Except as specified in subparagraphs (B) and (D) of this paragraph, if the windows or doors of a food establishment, or of a larger structure within which a food establishment is located, are kept open for ventilation or other purposes, or a temporary food establishment is not provided with windows and solid doors as specified under subparagraph (A) of this paragraph, the
openings shall be protected against the entry of insects and rodents by:
(i) 16 mesh to 25.4 millimeters (16 mesh to 1 inch) screens;
(ii) properly designed and installed air curtains; or
(iii) other effective means.
(D) Subparagraph (C) of this paragraph does not apply if flying insects and other pests are absent due to the location of the establishment or other limiting condition.
(6) Exterior walls and roofs, protective barrier. Perimeter walls and roofs of a food establishment shall effectively protect the establishment from the weather and the entry of insects, rodents, and other animals.
(7) Outdoor food vending areas, overhead protection. If located outside, a machine used to vend food shall be provided with overhead protection except that machines vending canned beverages need not meet this requirement.
(8) Outdoor walking and driving surfaces, graded to drain. Exterior walking and driving surfaces shall be graded to drain.
(9) Outdoor refuse areas, curbed and graded to drain. Outdoor refuse areas shall be constructed in accordance with law and shall be curbed and graded to drain to collect and dispose of liquid waste that results from the refuse and from cleaning the area and waste receptacles.
(10) Private homes and living or sleeping quarters, use prohibition. A private home, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters may not be used for conducting food establishment operations.
(11) Living or sleeping quarters, separation. Living or sleeping quarters located on the premises of a food establishment such as those provided for lodging registration clerks or resident managers shall be separated from rooms and areas used for food establishment operations by complete partitioning and solid self-closing doors.
(e) Handwashing lavatories.
(1) Minimum number. Handwashing lavatories shall be provided as specified under §229.166(g)(1) of this title.
(2) Handwashing cleanser, availability. Each handwashing lavatory or group of two adjacent lavatories shall be provided with a supply of hand cleaning liquid, powder, or bar soap.
(3) Hand drying provision. Each handwashing lavatory or group of adjacent lavatories shall be provided with:
(A) individual, disposable towels;
(B) a continuous towel system that supplies the user with a clean towel; or
(C) a heated-air hand drying device.
(4) Handwashing aids and devices, use restrictions. A sink used for food preparation or utensil washing, or a service sink or curbed cleaning facility used for the disposal of mop water or similar wastes, shall not be provided with the handwashing aids and devices required for a handwashing lavatory as specified in paragraphs (2) and (3) of this subsection and §229.166(l)(7)(C)
of this title.
(f) Toilets and urinals.
(1) Minimum number. Toilets and urinals shall be provided as specified under §229.166(g)(2) of this title.
(2) Toilet tissue, availability. A supply of toilet tissue shall be available at each toilet.
(g) Lighting, intensity.
The light intensity shall be:
(1) at least 110 lux (10 foot candles) at a distance of 75 centimeters (30 inches) above the floor, in walk-in refrigeration units and dry food storage areas and in other areas and rooms during periods of cleaning;
(2) at least 220 lux (20 foot candles):
(A) at a surface where food is provided for consumer self-service such as buffets and salad bars or where fresh produce or packaged foods are sold or offered for consumption;
(B) inside equipment such as reach-in and under-counter refrigerators; or
(C) at a distance of 75 centimeters (30 inches) above the floor in areas used for handwashing, warewashing, and equipment and utensil storage, and in toilet rooms; and
(3) at least 540 lux (50 foot candles) at a surface where a food employee is working with food or working with utensils or equipment such as knives, slicers, grinders, or saws where employee safety is a factor.
(h) Ventilation, mechanical.
If necessary to keep rooms free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes, mechanical ventilation of sufficient capacity shall be provided.
(i) Dressing areas and lockers, designation.
(1) Provision for dressing rooms and areas. Dressing rooms or dressing areas shall be designated if employees routinely change their clothes in the establishment.
(2) Lockers. Lockers or other suitable facilities shall be provided for the orderly storage of employees? clothing and other possessions.
(j) Service sinks, availability.
A service sink or curbed cleaning facility shall be provided as specified under §229.166(g)(3) of this title.
(k) Handwashing lavatories, conveniently located.
Handwashing lavatories shall be conveniently located as specified under §229.166(h)(1) of this title.
(l) Toilet rooms, convenience and accessibility.
Toilet rooms shall be conveniently located and accessible to employees during all hours of operation.
(m) Employee accommodations, designated areas.
(1) Eating and tobacco areas. Areas designated for employees to eat, drink, and use tobacco shall be located so that food, equipment, linens, and single-service and single-use articles are protected from contamination.
(2) Location of lockers. Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens, and single-service and single-use articles cannot occur.
(n) Distressed merchandise, segregation and location.
Products that are held by the permit holder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from food, equipment, utensils, linens, and single-service and single-use articles.
(o) Receptacles, waste handling units, and designated storage areas.
Units, receptacles, and areas designated for storage of refuse and recyclable and returnable containers shall be located as specified under §229.166(l)(10) of this title.
(p) Premises, buildings, systems, rooms, fixtures, equipment, devices, and materials.
(1) Repairing. The physical facilities shall be maintained in good repair.
(2) Cleaning, frequency and restrictions.
(A) The physical facilities shall be cleaned as often as necessary to keep them clean.
(B) Cleaning shall be done during periods when the least amount of food is exposed such as after closing. This requirement does not apply to cleaning that is necessary due to a spill or other accident.
(3) Cleaning floors, dustless methods.
(A) Except as specified in subparagraph (B) of this paragraph, only dustless methods of cleaning shall be used, such as wet cleaning, vacuum cleaning, mopping with treated dust mops, or sweeping using a broom and dust-arresting compounds.
(B) Spills or drippage on floors that occur between normal floor cleaning times may be cleaned:
(i) without the use of dust-arresting compounds; and
(ii) in the case of liquid spills or drippage, with the use of a small amount of absorbent compound such as sawdust or diatomaceous earth applied immediately before spot cleaning.
(4) Cleaning ventilation systems, nuisance and discharge prohibition.
(A) Intake and exhaust air ducts shall be cleaned and filters changed so they are not a source of contamination by dust, dirt, and other materials.
(B) If vented to the outside, ventilation systems may not create a public health hazard or nuisance or unlawful discharge.
(5) Cleaning maintenance tools, preventing contamination. Food preparation sinks, handwashing lavatories, and warewashing equipment may not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar liquid wastes.
(6) Drying mops. After use, mops shall be placed in a position that allows them to airdry without soiling walls, equipment, or supplies.
(7) Absorbent materials on floors, use limitation. Except as specified under paragraph (3)(B) of this subsection, sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials may not be used on floors.
(8) Maintaining and using handwashing lavatories. Handwashing lavatories shall be kept clean and maintained and used as specified under §229.166(i)(1) of this title.
(9) Closing toilet room doors. Toilet room doors as specified under subsection (d)(4) of this section shall be kept closed except during cleaning and maintenance operations.
(10) Using dressing rooms and lockers.
(A) Dressing rooms shall be used by employees if the employees regularly change their clothes in the establishment.
(B) Lockers or other suitable facilities shall be used for the orderly storage of employee clothing and other possessions.
(11) Controlling pests.
(A) Insects, rodents, and other pests shall be controlled as specified in subparagraph (B) of this paragraph to minimize their presence:
(i) within the physical facility and its contents; and
(ii) on the contiguous land or property under the control of the permit holder.
(B) The presence of insects, rodents, and other pests shall be controlled by:
(i) routinely inspecting incoming shipments of food and supplies;
(ii) routinely inspecting the premises for evidence of pests;
(iii) using methods, if pests are found, such as trapping devices or other means of pest control as specified under §229.168(d)(2) and (h)(2) and (3) of this title (relating to Poisonous or Toxic Materials); and
(iv) eliminating harborage conditions.
(12) Removing dead or trapped birds, insects, rodents, and other pests. Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the premises at a frequency that prevents their accumulation, decomposition, or the attraction of pests.
(13) Storing maintenance tools. Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall be:
(A) stored so they do not contaminate food, equipment, utensils, linens, and singleservice and single-use articles; and
(B) stored in an orderly manner that facilitates cleaning of the area used for storing the maintenance tools.
(14) Maintaining premises, unnecessary items and litter. The premises shall be free of:
(A) items that are unnecessary to the operation or maintenance of the establishment such as equipment that is nonfunctional or no longer used; and
(15) Prohibiting animals.
(A) Except as specified in subparagraphs (B) and (C) of this paragraph, live animals may not be allowed on the premises of a food establishment.
(B) Live animals may be allowed in the following situations if the contamination of food, clean equipment, utensils, linens, and unwrapped single-service and single-use articles can not result:
(i) edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems;
(ii) patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas;
(iii) in areas that are not used for food preparation such as dining and sales areas, support animals such as guide dogs that are trained to assist an employee or other person who is handicapped, are controlled by the handicapped employee or person, and are not allowed to be on seats or tables; and
(iv) pets in the common dining areas of group residences at times other than during meals if:
(I) effective partitioning and self-closing doors separate the common dining areas from food storage or food preparation areas;
(II) condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present; and
(III) dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service.
(C) Live or dead fish bait shall be stored so that contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles cannot result.