7.6.2.10 GENERAL EQUIPMENT AND CONSTRUCTION REQUIREMENTS:
A. Equipment Design, Construction And Materials:
(1) All utensils shall be easily cleanable and so durable as to withstand hot water, sanitization and repeated use.
(2) Surfaces of equipment and utensils shall be smooth, easily cleanable, non-absorbent, nontoxic, and in good repair.
(3) Lubricated bearings and gears of equipment shall be so constructed that lubricants cannot get into the food or onto food-contact surfaces. Where there is a possibility of a lubricant entering into a food product, the lubricant shall be nontoxic food grade.
(4) Single-service articles shall be made of safe, nontoxic materials and shall not be reused. Mollusk and crustacean shells shall be used only once as serving containers.
(5) Equipment which is placed on tables or counters, unless readily movable, shall be sealed to the table or mounted on legs or feet at least four inches high, or shall meet the National Sanitation Foundation standards, or other equivalent approving authorities and shall be so installed as to facilitate cleaning of the equipment and adjacent areas.
(6) Floor-mounted equipment, unless readily movable, shall be sealed to the floor, or shall be installed on raised platforms of concrete or other smooth masonry in such a manner as to prevent liquids or debris from seeping or settling underneath, between, or behind such equipment in spaces which are not fully open for cleaning and inspection or such equipment shall be elevated at least six inches above the floor. The space between adjoining units, and between a unit and the adjacent wall, shall be closed unless exposed to seepage, in which event it shall be sealed; or sufficient space shall be provided to facilitate easy cleaning between, behind, and beside all such equipment.
(7) Aisles or working spaces between equipment, and between equipment and walls, shall be unobstructed, and of sufficient width to permit employees to perform their duties readily.
(8) All equipment, including new and replacement equipment, shall comply with the standards of an American National Standards Institute (ANSI) – accredited certification program. Such an accredited program includes, but is not limited to, one offered by the National Sanitation Foundation, or Underwriters Laboratories.
(9) Grandfathered equipment is equipment that does not meet the standards of 7.6.2.10.A(8), and is in use at the establishment on the effective date of this part and it has been accepted for use by the Health Authority. Such equipment shall be capable of meeting all requirements of this part pertaining to food temperature during preparation, storage, display and serving. Further, it shall be in good repair and capable of being maintained in a sanitary condition. All food contact surfaces shall be non-toxic. Grandfathered equipment shall not be used beyond five (5) years after the effective date of this part or if the establishment closes and is subsequently reopened under a new permittee, whichever occurs first.
(10) Commercially-rated refrigeration equipment (manufactured prior to 1997) used for potentially hazardous foods, which is in place and in use in a food establishment and is not capable of maintaining food at 41 degrees F may operate at 45 degrees F for ten (10) years from the adoption of this Part and then shall be upgraded or replaced to maintain food at 41 degrees F or less.
B. Toilet Facilities:
(1) Toilet facilities for employees shall be provided on the premises.
(2) All fixtures shall be of sanitary design and readily cleanable, and shall be kept clean and in good repair.
(3) Toilet rooms shall be completely enclosed, and shall have tight-fitting, self-closing doors unless they do not open directly into the food storage, food preparation, utensil-washing and utensil storage areas, or dining rooms. Self-closing doors shall not be left open except during cleaning or maintenance.
(4) Floors, walls, ceiling, doors, and windows of toilet rooms shall be kept clean and in good repair, and shall comply with 7.6.2.10.C, D and E.
(5) Toilet facilities, including the toilet room and fixtures, shall be kept free of objectionable odors.
(6) A supply of toilet tissue shall be provided at all times.
(7) Easily cleanable receptacles shall be provided for waste materials. Receptacles shall be emptied at least once a day, and more frequently when necessary to prevent excessive accumulation of waste materials.
(8) Toilet rooms and vestibules shall not be used for storage of food, single-service items, utensils, or food preparation equipment.
(9) Access to toilet facilities provided for patrons shall be directly from the dining area, from outside the building, or through an approved corridor. Passage of patrons through the food preparation area is prohibited. Such facilities shall fully meet the requirements of 7.6.2.10.B, except that toilet facilities installed prior to the effective date of this Part which do not meet the accessibility requirements of 7.6.2.10.B, shall be deemed acceptable in that establishment.
C. Floors:
(1) The floors of all food preparation, food storage and utensil-washing rooms and areas, walk-in refrigerators, dressing or locker rooms and toilet rooms shall be constructed of durable and nonabsorbent materials and shall be kept clean and in good repair.
(2) Floor drains or floor sinks shall be provided in floors that are water flushed for cleaning or that receive discharges of water or other fluid waste from equipment. The floors shall be graded to the drains.
(3) Carpeting may be used on the floors of dining areas only. Any carpeting shall be in good repair and kept clean. Carpeting hereafter installed shall be of tight knit materials.
(4) Mats or duckboards, if used, shall be nonabsorbent and so constructed as to facilitate being cleaned, and shall be kept clean and in good repair.
(5) All floors installed in food preparation, food storage, utensil-washing rooms and areas, and in walk-in refrigerators, shall provide a concave sealed juncture between the floor and wall. The coving material shall provide a smooth and continuous juncture with the wall.
D. Walls And Ceilings:
(1) Walls and ceilings, including doors, windows, attached equipment and shelving, skylights and similar closures, shall be kept clean and in good repair.
(2) Wall and ceiling covering materials in food preparation and utensil-washing areas shall be smooth, easily cleanable and so constructed as to leave no open space or cracks that would permit accumulation of grease or debris or provide harborage for vermin. Walls and ceilings hereafter installed in food preparation and utensil-washing rooms shall be light in color.
(3) Studs, joists, and rafters; sewers and drain lines; heating pipes and utility service lines shall not be left exposed unless they are suitably finished and easily cleanable, are kept clean and in good repair, and preclude harborage for vermin.
E. Doors And Windows:
(1) All openings to the outer air shall be effectively protected against the entrance of animals, birds, insects and rodents. Proposed protective measures shall be submitted in writing to the Health Authority for approval.
(2) Except as specified in paragraphs (3), (4), and (6) and under paragraph (5) of 7.6.2.10.E, outer openings of a food establishment shall be protected against the entry of insects and rodents by:
(a) Filling or closing holes and other gaps along floors, walls, and ceilings:
(b) Closed, tight-fitting windows; and
(c) Solid, self-closing, tight-fitting doors.
(3) Paragraph (2) of this section 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.
(4) Exterior doors used as exits need not be self-closing if they are:
(a) Solid and tight-fitting;
(b) Designated for use only when an emergency exists, by the fire protection authority that has jurisdiction over the food establishment; and
(c) Restricted so they are not used for entrance or exit from the building for purposes other than the designated emergency exit use.
(5) Except as specified in paragraphs (3) and (6) of this section, 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 window and doors as specified in 7.6.2.10E(1), the openings shall be protected against the entry of insects and rodents by:
(a) 16 mesh to 25.4mm (16 mesh to 1 inch) screens;
(b) Properly designed and installed air curtains; or
(c) Other effective means. (6) Paragraph (5) of this section does not apply if flying insects and other pests are absent due to the location of the Establishment, the weather, or other limiting conditions.
F. Electrical And Lighting:
(1) Adequate lighting, as determined by the Health Authority, shall be provided for food preparation, storage, serving, utensil-washing, and cleaning activities.
(2) Lights in exhaust hoods, over open containers of food, and over food preparation areas shall be provided with protective devices to prevent breakage and contamination of food. The installations shall be of smooth construction, easily removable, and kept clean and in good repair.
(3) Infrared or other heat lamps shall be protected against breakage by a shield surrounding and extending beyond the bulb leaving only the face of the bulb exposed.
G. Ventilation:
(1) All rooms shall have sufficient ventilation, as determined by the Health Authority, to keep them reasonably free of excessive heat, steam, condensation vapors, obnoxious odors, smoke fumes, grease vapor, and dust.
(2) Obnoxious odors, cooking fumes and vapors shall be effectively vented to the outside and shall be discharged in a manner that will not create a nuisance.
(3) Exhaust hoods, or other ventilation devices required by applicable codes shall be designed, installed, and maintained to prevent grease or condensate from dripping into food or onto food preparation surfaces. Filters shall be kept clean and in good repair.
(4) Clean-out openings of sufficient size and number shall be provided into the horizontal exhaust ducts serving exhaust hoods over cooking areas. Intake and exhaust ducts shall be designed and maintained to prevent the entrance and accumulation of noxious fumes, dust, dirt, rodents, insects, or other contamination materials.
[7.6.2.10 NMAC – Rp 7 NMAC 6.1.301 to 307, 08/12/2000]