7.6.2.9 FOOD PROTECTION REQUIREMENTS

A. Wholesomeness Of Food And Drink:

1. Food shall be from an approved source. Food from such sources shall have been protected from contamination and spoilage during subsequent handling, packaging, storage and while in transit. Dry milk may be reconstituted in a food establishment if it has been manufactured from pasteurized milk or milk products at the milk processing plant. No raw milk or raw milk products shall be used in food preparation. Grade A raw milk products may be served only in sealed, individual, labeled containers as received from the milk plant.
   
   
2. Shellstock shall be identified with an official tag giving the name and the certificate number of the original shellstock shipper and the kind and quantity of shellstock. Shellstock shippers and shellstock reshippers, other than the original shellstock shipper, shall also add their name and certification number to the original shellstock shippers tag. Fresh and frozen shucked oysters, clams and mussels shall be packaged in non-returnable containers identified with the name and address of the packer, repacker, or distributor and the certificate number of the packer or repacker preceded by the abbreviated name of the state, as required in 7.6.2.15 of this Part. Upon receiving shellstock, restaurateurs should check to see that the required information is on the shellstock tag; if not, then the delivery should be rejected as the restaurateur may be dealing with an uncertified dealer (“bootlegger”). Restaurants shall retain such tags for ninety (90) days, before discarding.
   
   
3. The use or sale of home-canned or home-prepared potentially hazardous foods is prohibited.
   
   
4. All raw eggs shall be refrigerated at 41 degrees F or below during storage, except as provided for in 7.6.2.10.A(10).
5. Additional safeguards to be practiced in food establishments serving highly susceptible populations require the use of pasteurized apple juices, apple cider, other fresh fruit juices, and pasteurized eggs as well as prohibiting service of raw animal foods, and partially or lightly cooked food of animal origin. Pasteurized liquid, frozen, or dry eggs or egg products shall be substituted for shell eggs in the preparation of:
   (a) foods such as Caesar salad, hollandaise or béarnaise sauce, noncommercial mayonnaise, eggnog, ice cream, and egg-fortified beverages that are not cooked; and
   (b) eggs for a highly susceptible population, if the eggs are broken, combined in a container, and not cooked immediately or if the eggs are held before service following cooking.
6. All ice shall be made from potable water sources that meet public water supply standards outlined in the New Mexico Water Supply Regulations.
7. Commercially raised game animals, donated wild game, and other exotic animals shall be processed as follows:
   (a) Game animals and other exotic animals such as ratites, which are commercially raised for food, may be received for sale or service if they are slaughtered and processed according to laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program.
   (b) Donated wild game meat shall be processed in New Mexico Livestock Board licensed and Health Authority permitted facilities. Unless served within forty-eight (48) hours of processing, donated wild game meat shall be frozen prior to distribution. Wild game meat shall only be donated to charitable organizations operating permitted facilities for the needy.
8. Refrigerated, ready to eat, potentially hazardous food prepared on site and held for more than twenty four (24) hours shall be marked with the date of preparation. Such food shall be discarded if not served within seven (7) calendar days from date of preparation.
   
   
9. Food establishments that use a reduced oxygen packaging method to package food shall have an approved HACCP plan that:
   (a) identifies the food to be packaged;
   (b) limits the food packaged to a food that does not support the growth of Clostridium botulinum or other pathogens because it complies with one of the following:
   (i) has a water activity (aw) of 0.91 or less,
   (ii) has a pH of 4.6 or less,
   (iii) is a meat product cured at a food processing plant regulated by U.S. Department of Agriculture using a combination of nitrites, nitrates, and salt that at the time of processing consists of 120 mg/liter or higher concentration of sodium nitrite and a brine concentration of at least 3.50 % and is received in an intact package, or
   (iv) is a food with a high level of competing organisms such as raw meat or raw poultry;
   (c) specifies methods for maintaining food at 41 degrees F or below;
   (d) describes how the packages shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to:
   (i) maintain the food at or below 41 degrees F, and
   (ii) discard the food if within fourteen (14) calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption;
   (e) limits the shelf life to no more than fourteen (14) calendar days from packaging to consumption or the original manufacturer’s “sell by” or “use by” date, whichever occurs first;
   (f) includes operational procedures that:
   (i) prohibit food contact with bare hands,
   (ii) identify a designated area and the method by which physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross-contamination, and access to the processing equipment is restricted to responsible, trained personnel familiar with the potential hazards of the operation, and
   (iii) delineate cleaning and sanitization procedures for food-contact surfaces; and
   (g) describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the:
   (i) concepts required for a safe operation,
   (ii) equipment and facilities, and
   (iii) procedures specified in 7.6.2.9.A(9).
   (h) Except for fish that is frozen before, during, and after packaging, a food establishment shall not package fish using a reduced oxygen packaging method.
10. Before service or sale in ready-to-eat form, raw, marinated, or partially cooked fish other than molluscan shellfish shall be frozen throughout to a temperature of:
    (a) -4.0 degrees below zero F or colder for seven (7) days in a freezer; or
    (b) -31 degrees below zero F or colder for fifteen (15) hours in a blast freezer.
11. 7.6.2.9.A(10) shall not apply to tuna of the genus Thunnus as follows:
    
    (a) Thunnus alalunga,
    (b) Thunnus albacares (yellowfin tuna),
    (c) Thunnus atlanticus,
    (d) Thunnus maccoyii (bluefin tuna, southern),
    (e) Thunnus obesus (bigeye tuna), and
    (f) Thunnus thunnus (bluefin tuna, northern).

B. Food Establishment Time And Temperature Requirements:

1. Refrigeration facilities, cooking facilities, hot food storage and display facilities, and effectively insulated facilities shall be provided as needed to assure maintenance of required temperatures during storage, preparation, display, transportation, and service.
   
   
2. All perishable food shall be stored at such temperatures as will protect against spoilage.
   
   
3. All potentially hazardous food shall, other than fresh live shellstock except during necessary periods of preparation, cooking or cooling, be kept at 41 degrees F or below, or at 140 degrees F or above.
   
   
4. Frozen food shall be kept at such temperature as to remain in the frozen state except when being thawed for preparation or use. Potentially hazardous food, shall be:
   (a) thawed at refrigerator temperatures of 41 degrees F or below or under cool, potable running water;
   (b) quick thawed as part of the cooking process; or
   (c) thawed in a microwave oven only when the food will be immediately transferred to conventional cooking facilities as part of a continuous process or when the entire cooking process takes place in a microwave oven.
5. Unless otherwise ordered by the immediate consumer, all raw animal products such as eggs, fish, lamb, beef, and commercially raised game, and foods containing these raw ingredients, shall be cooked to heat all parts of the food to 145 degrees F or above, except that:
   (a) rare roast beef or rare steak shall be cooked to an internal temperature of 130 degrees F;
   (b) ground beef, pork and pork products, ratites, comminuted fish and other meats such as commercially raised game, and injected meats shall be cooked to 160 degrees F, or cooked to one of the following MONITORED temperature/time combinations:
   (i) cook to 158 degrees F for less than one (1) second,
   (ii) cook to 150 degrees F for one (1) minute,
   (iii) Cook to 145 degrees F for three (3) minutes.
   (c) stuffing, poultry, stuffed meats, and stuffed poultry, shall be heated throughout to a minimum temperature of 165 degrees F, with no interruption of the initial cooking process; and
   (d) wild game meat shall be thoroughly cooked to heat all parts of the meat to at least 165 degrees F; and
   (e) raw animal foods cooked or reheated in a microwave oven shall be:
   (i) rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;
   (ii) covered to retain surface moisture;
   (iii) heated to 165 degrees F or above to compensate for shorter cooking times; and
   (iv) allowed to stand covered for 2 minutes after cooking to obtain temperature equilibrium.
6. Cooked potentially hazardous foods shall be cooled in accordance with either of the time and temperature criteria as follows:
   (a) within two (2) hours from 140 degrees F to 70 degrees F followed by within four (4) hours to 41 degrees F or less (documentation is required for this process); or
   (b) within four (4) hours from 140 degrees F to 41 degrees F or less.
7. Potentially hazardous foods other than fresh live shellstock that spend more than four (4) hours TOTAL CUMULATIVE TIME in the temperature danger zone (41 degrees F to 140 degrees F) shall be discarded, except during cooling as specified in 7.6.2.9.B(6)(a)&(b) and except during cooking as specified in 7.6.2.9.B(5)&(8).
   
   
8. Potentially hazardous food that has been cooked and cools to less than 140 degrees F, which is to be reheated for serving or hot holding, shall be reheated so that all parts of the food reach a minimum of 165 degrees F within two (2) hours, except as described in 7.6.2.9.B(5)(a) for rare beef.
   
   
9. Potentially hazardous ingredients for foods that are in a form to be consumed without further cooking such as salads, sandwiches, filled pastry products and reconstituted foods shall have been chilled to 41 degrees F or below prior to preparation. Such ingredients shall be handled with a minimum of manual contact; and on surfaces or with utensils that have been cleaned and sanitized prior to use. Until service, the finished products shall be held in or on refrigerated equipment that maintains an internal product temperature of 41 degrees F or below.
   
   
10. Cooked and refrigerated food, maintained at or below 41 degrees F, that is to be reheated and prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich, may be served at any temperature.
    
    
11. Steam tables, hot food tables, slow cookers, crock pots, and other hot food holding devices shall not be used in heating or reheating food. Food temperatures should be checked periodically to insure that a minimum of 140 degrees F is being maintained.
    
    
12. Each refrigeration and hot storage facility used for the storage of potentially hazardous food shall be provided with an indicating thermometer accurate to plus or minus 3 degrees F, located in the warmest section of the refrigeration facility and in the coldest section of the hot storage facility and of such type and so situated that the thermometer can be easily read. Thermostats shall not be relied upon to maintain temperatures at correct levels in the absence of thermometers.
    
    
13. Metal, stem-type, numerically scaled, indicating thermometers, accurate to plus or minus 2 degrees F shall be available for use and used to assure the attainment and maintenance of proper internal cooking, holding or refrigeration temperatures of all potentially hazardous foods.

C. Storage, Display, Transporting, And Serving Of Food And Drink:

1. All food items shall be stored a minimum of six (6) inches above the floor to provide for cleaning and air circulation on clean racks or other clean surfaces.
   
   
2. Unless its identity is unmistakable, bulk food not stored in its original container or package shall be stored in a properly labeled, clean container constructed of food grade material. Milk and milk products shall be stored in the original container received from the milk plant. Uncut milk tubes for dispenser milk shall be kept refrigerated and inside the original container.
   
   
3. Food shall be protected to prevent cross-contamination. Food not subject to further washing or cooking before serving shall be stored in such a manner as to be protected against contamination.
   
   
4. Where unwrapped food is placed on display in all types of food service operations, including smorgasbords, buffets, and cafeterias, it shall be protected against contamination by consumers and other sources by effective, easily cleanable, and protective equipment. All cold held potentially hazardous foods other than fresh live shellstock shall be kept at 41 degrees F or less, or at 45 degrees F for not more than two (2) hours. All hot held potentially hazardous foods shall be kept at 140 degrees F or more. Self-service openings in counter guards shall be so designed and arranged as to minimize manual contact by customers. Clean plates shall be provided for additional servings.
   
   
5. Suitable serving utensils, disposable gloves, or both, shall be used in conjunction with proper handwashing to minimize barehand contact during processing or serving ready to eat foods. Utensils shall be stored in an appropriate manner so as not to contaminate food. Suitable utensils shall be provided for serving each food item to avoid manual contact with food where customer self-service displays are utilized. In all cases, no utensil shall be used for both raw and cooked foods. Dispensing utensils used in serving food shall be stored, between use, either in an approved running potable water dipper well, stored in the food with the dispensing utensil handle extended out of the food or stored clean, sanitized and dry.
   
   
6. Sugar shall be provided only in closed dispensers or in individual packages. Condiments, cream, or half and half shall be provided in individual packages, from an approved dispenser or shall be individually portioned.
   
   
7. All raw fruits and vegetables shall be washed thoroughly before being cooked or served.
   
   
8. Foods which are not potentially hazardous, such as crackers and condiments, in unopened original packages, and maintained in sound condition, may be re-served or resold.
   
   
9. All foods being transported other than fresh shellstock from a food service establishment or from one location to another location for service, shall follow all requirements for storage, display and protection against contamination. All potentially hazardous food shall be kept at 41 degrees F or below, or 140 degrees F or above. All food shall be in covered containers or completely wrapped or packaged to protect against contamination. Containers and covers shall be non-absorbent, impervious and shall be stored in such a manner to maintain temperature as described above.
   
   
10. Only those toxic materials required to maintain the establishment in a sanitary condition, and for sanitization of equipment and utensils used in connection with the food establishment, shall be present.
    
    
11. All containers of toxic materials shall be prominently and distinctively marked or labeled for easy identification of contents. Toxic material containers shall not be reused for food or food storage.
    
    
12. When not in use, toxic materials shall be stored in cabinets that are used for no other purpose, or in a place that is located outside the food storage, food preparation, and clean equipment and utensil storage areas. Bactericides, cleaning agents, and sanitizing agents shall not be stored in the same cabinet or area of the room in which pesticides or other toxic materials are stored. This paragraph does not apply to equipment and utensil cleaners and sanitizers that are normally stored in warewashing areas for availability and convenience, if the materials are stored in such a manner as to prevent contamination of food, equipment, utensils, linens, and single-use articles.
    
    
13. Bactericides, cleaning compounds or other compounds intended for use on food-contact surfaces shall not be used in such a manner as to leave a toxic residue on the surfaces, or otherwise constitute a hazard to employees or consumers.
    
    
14. Toxic compounds, such as insecticides and rodenticides, in powdered form, shall have a distinctive color so as not to be mistaken for food. Toxic materials shall not be used in any way as to contaminate food, equipment, or utensils nor to constitute other hazards to employees or consumers. No pesticide shall be used unless it is registered with the United States Environmental Protection Agency and the New Mexico Department of Agriculture, and in all cases such registered pesticides must be used in conformity with the manufacturer's label instructions.
    
    
15. All first aid supplies and personal medications shall be stored in a designated area away from food, equipment, utensils and other toxics that may result in food contamination.
    
    
16. Wet storage of packaged food shall be prohibited except for commercially canned or bottled beverages, as provided in 7.6.2.11.A(5)(c).
    
    
17. Food may not be stored in locker rooms; in toilet rooms; in dressing rooms; in garbage rooms; in mechanical rooms; under sewer lines that are not shielded to intercept potential drips; under open stairwells; under leaking water lines, including leaking automatic fire sprinkler heads; under lines on which water has condensed; or under any other source of contamination.

D. Cleaning And Sanitizing Of Utensils And Equipment:

1. After each usage, all kitchenware, and food-contact surfaces or equipment, exclusive of cooking surfaces, used in the preparation, serving, display, or storage of food, shall be thoroughly cleaned and sanitized. The cooking surfaces of grills, griddles and similar cooking devices shall be cleaned to sight and touch at least once a day.
   
   
2. Non-food-contact surfaces in food establishments shall be cleaned at such frequency as is necessary to be clean to sight and touch.
   
   
3. All kitchenware and food-contact surfaces of equipment used in the preparation, service, display, or storage of potentially hazardous food shall be cleaned and sanitized prior to each use, each time there is a change from working with raw foods to working with ready-to-eat foods, between uses with raw fruits and vegetables and with potentially hazardous foods, and following any interruption of operations during which contamination of the food-contact surfaces is likely to have occurred. When equipment and utensils are used for the preparation of potentially hazardous food on a continuous or production-line basis, in rooms with ambient air temperatures higher than 41 degrees F, the food-contact surfaces of such equipment and utensils shall be cleaned and sanitized at frequent intervals not to exceed four hours to prevent cross contamination and bacterial growth, except as follows:
   (a) when the ambient room temperature is 41degrees F or less the cleaning frequency shall not be less than once every twenty-four (24) hours,
   (b) at 45 degrees F , not less than once every twenty (20) hours,
   (c) at 50 degrees F, not less that once every sixteen (16) hours, and
   (d) at 55 degrees F, not less than once every ten (10) hours.
4. Wash water shall be kept clean utilizing, when necessary, pre-soaking, pre-scraping or pre-flushing procedures.
   
   
5. Effective concentrations of a suitable detergent shall be used in both manual and mechanical dishwashing.
   
   
6. When manual dishwashing is employed, equipment and utensils shall be thoroughly washed in a detergent solution that is kept clean and then shall be completely rinsed. All eating and drinking utensils, and the food-contact surfaces of all other equipment and utensils shall then be sanitized by one of the following methods:
   (a) Immersion for at least thirty (30) seconds in clean hot water at a temperature of at least 171 degrees F;
   (b) Immersion in a sanitizing solution containing:
   (i) 50-200 parts per million of available chlorine at a temperature not less than 75 degrees F for 10 seconds;
   (ii) 100-200 parts per million of available chlorine at a temperature not less than 55 degrees F for 10 seconds;
   (iii) 12.5-25.0 parts per million of available iodine in a solution having a pH not higher than 5.0 and a temperature of not less than 75 degrees F; or
   (iv) quaternary ammonium compound solutions shall be at a concentration indicated by the manufacturer's label instructions.
   (c) Equipment too large to be treated by the methods set forth in 7.6.2.9.D(6)(a)&(b) may be treated:
   (i) with steam free from materials or additives harmful to human health; or
   (ii) by applying a chemical sanitizing solution of at least twice the minimum strength required for chlorine and iodine-based sanitizers or as specified by the manufacturer's label in the case of quaternary ammonium compounds.
7. If the sanitization method set forth in 7.6.2.9.D(6)(b) or (6)(c)ii is used, the food establishment shall maintain and use suitable test kits for testing solution strength.
   
   
8. A three-compartment sink, the first for washing, the second for rinsing, and the third for sanitizing, shall be provided and used wherever washing and sanitization of equipment or utensils are conducted manually. The Secretary may approve a two-compartment sink for food establishments where the only utensils to be washed are limited to spatulas, tongs and similar devices, and when the only equipment to be cleaned is stationary and does not require disassembly for proper cleaning.
   
   
9. Sinks used for manual washing and sanitizing operations shall be of adequate length, width and depth to permit the complete immersion of the utensils, and each compartment of the sink shall be supplied with hot and cold running water (under pressure) from fixtures so designed and constructed as to preclude potential back siphonage.
   
   
10. When hot water is used as the sanitizing agent in manual operations, numerically scaled thermometers, accurate to plus or minus 3 degrees F shall be provided, convenient to the sink, to permit frequent checks of the water temperature. An integral heating device or fixture shall be installed in, on, or under the sanitizing compartment of the sink capable of maintaining the water at a temperature of at least 170 degrees F. Complete immersion of the utensils and equipment components being sanitized is required.
    
    
11. Dish tables and drain boards, of adequate size shall be provided for safe handling of soiled utensils prior to washing and for cleaned utensils following rinsing and sanitization. Dish tables and drain boards shall be so located or constructed as not to interfere with the proper use of the dishwashing facilities.
    
    
12. Sinks, dish tables and drain boards shall be constructed of non-corrodible, non-toxic material, suitably reinforced, of such thickness and design and so installed as to resist denting and buckling, and be self-draining.
    
    
13. When spray-type dishwashing machines are used, they shall be installed, maintained and operated in accordance with the manufacturer's specifications and instructions and shall meet the following requirements:
    (a) Wash water shall be kept clean. Rinse water tanks shall be supplied with fresh water from the supply line and be so protected by distance, baffles, or other effective means as to prevent the entry of wash water into the rinse water.
    (b) A suitable pressure gauge and gauge cock shall be provided immediately upstream from the final rinse sprays to permit checking the flow pressure, which shall be 15-25 psi, of the final rinse water.
    (c) When chemicals are relied upon for sanitization, the chemicals shall be of the same type and concentration as 7.6.2.9.D(6)(b), and be automatically dispensed. When hot water is relied upon for sanitization the dish or utensil shall reach a surface temperature of 160 degrees F or above. Suitable testing devices, such as a maximum-temperature-recording-thermometer, shall be maintained within the establishment to check sanitization.
    (d) Conveyors in dishwashing machines shall be accurately timed to assure proper exposure times in wash and rinse cycles as specified by the manufacturer.
    (e) An easily readable, numeric thermometer shall be provided which will indicate to an accuracy of plus or minus 3 degrees F, the temperature of the water or solution in each tank of the dishwashing machine. In addition, a thermometer of equal accuracy shall be provided which will indicate the temperature of the final rinse water as it enters the manifold.
    (f) Jets, nozzles and all other parts of each machine shall be maintained free of chemical deposits, debris and other soil. Automatic dispensers, if used, shall be kept in proper operating condition.
14. When an immersion-type dishwashing machine is employed for equipment and utensil washing and sanitizing, the applicable requirements pertaining to manual dishwashing shall be met. However, a two-compartment system is adequate when the temperature of the wash water is maintained at or above 140 degrees F and hot water at a temperature of at least 171 degrees F is used as the sanitizing agent.
    
    
15. Any other procedure may be approved for cleaning or sanitizing equipment and utensils, if it can be readily established that such a procedure will routinely render effective sanitization as demonstrated to the satisfaction of the Secretary or as recommended by the manufacturer.
    
    
16. “Clean in place” equipment shall be so designed and constructed so that cleaning and sanitizing solutions circulate in such a manner that all interior food-contact surfaces come in contact with the solutions. The system shall be self-draining and capable of being completely drained.
    
    
17. All food service establishments which have limited facilities for cleaning and sanitizing utensils shall use only single-service articles (refer to 7.6.2.9.D(8)).
    
    
18. Warewashing sinks, use limitations:
    (a) warewashing sinks may not be used for handwashing or dumping mop water; and
    (b) warewashing sinks may be used to wash wiping cloths, wash produce, or thaw food if the sink is cleaned before and after each time it is used to wash wiping cloths or wash produce or thaw food. Sinks used to wash or thaw food shall be sanitized before and after using the sink.

E. Storage And Handling Of Cleaned Equipment And Utensils:

1. Cleaned and sanitized, portable equipment and utensils shall be stored above the floor in a clean, dry location and suitable space and facilities shall be provided for the storage so that food-contact surfaces are protected from contamination. The food-contact surfaces of fixed equipment shall also be protected from contamination. Utensils shall be air dried before being stored and shall be stored in a self-draining position on suitably located hooks or racks constructed of corrosion-resistant material. Stored containers and utensils shall be covered, inverted or enclosed. Facilities for the storage of flatware (silverware) shall be provided and shall be designed and maintained to present the handle to the employee or consumer.
   
   
2. Single-service utensils shall be stored in such a manner as to be protected from contamination.

F. Plumbing And Disposal Of Wastes:

1. All sewage or waste water shall be disposed of by means of:
   (a) a public sewerage system; or
   (b) a sewage disposal system that is constructed and operated in conformance with all applicable state laws and regulations.
2. All plumbing shall be sized, installed and maintained in accordance with all applicable state laws and regulations.
   
   
3. Potable water systems shall be installed in such a manner as to preclude the possibility of back-siphonage or backflow. Potable water supply piping shall not be directly connected with any system whereby non-potable water can be drawn or discharged into the potable water supply system. The piping of any non-potable water shall not be connected to equipment or have any outlets in the food processing or preparation areas and shall be permanently marked to identify it from potable water piping. This does not preclude the use of fire sprinklers in these areas.
   
   
4. Dishwashing machines, refrigerators, food sinks, steam kettles, potato peelers, ice storage bins, ice machines and similar food-contact equipment shall not be directly connected to the drainage system. Each waste pipe from such equipment shall discharge into an open accessible waste sink, floor drain or other suitable fixture. Indirect connections of drain lines from other equipment used in the preparation of food, washing of food, or washing of equipment and utensils may be required by the Secretary when the installation is such that backflow of sewage may occur.
   
   
5. Drain lines shall not discharge or allow discharge of waste water in such a manner as will permit:
   (a) the flooding of floors;
   (b) the flowing of water across working or walking areas;
   (c) flooding into difficult-to-clean areas;
   (d) pooling on the ground around or under buildings; or
   (e) creation of a nuisance in any other manner.
6. All refuse shall be kept in containers, constructed of durable, impermeable and non-absorbent material.
   
   
7. All food waste containers shall be kept in good repair and be provided with tight-fitting lids or covers, and shall be kept covered when stored or not in continuous use.
   
   
8. After being emptied, refuse containers shall be thoroughly cleaned. Waste water from the cleaning operations shall be disposed of as sewage.
   
   
9. There shall be a sufficient number of containers to hold all of the refuse which accumulates between periods of removal from the premises.
   
   
10. It is the food establishment's responsibility to see that all refuse bins utilized for refuse collection (whether or not they are owned by another establishment) be maintained in a clean condition (inside and out) after being emptied and prior to further use. Wastewater from the cleaning operations shall be disposed of as sewage.
    
    
11. Refuse bin holding areas shall be easily cleanable. If enclosed, the floors and walls shall be constructed of non-absorbent materials. Refuse bins that are manually lifted shall not exceed a 32-gallon capacity and shall be stored at least 18 inches above the ground or on concrete or asphalt pads. Whether indoors or outdoors, floors or pads must slope for drainage to an approved disposal system that will not allow the accumulation of standing water.
    
    
12. All refuse shall be disposed of daily, or at such intervals as approved by the Secretary, and in such a manner as to prevent a hazard or nuisance.

G. Lavatory Facilities:

1. Lavatories shall be located within or immediately adjacent to all toilet rooms and within the immediate area of food preparation or food processing, and shall be used for no other purpose than handwashing.
   
   
2. Lavatories shall be of such size, number and location as to permit convenient access and frequent use by all employees.
   
   
3. All establishments are required to install a mixing valve or combination faucet for hot and cold running water. Steam mixing valves are prohibited.
   
   
4. Sanitary hand-drying devices shall be available and conveniently located. Where disposable towels are used, waste receptacles shall be located, conveniently, near the hand-washing facilities and a sufficient quantity of disposable towels shall be supplied at all times for each lavatory. Cloth towels are prohibited in food preparation or processing areas and employee restrooms.
   
   
5. Lavatories, soap dispensers, hand-drying devices and all other components of the handwashing facilities shall be kept sanitary and in good working order.
   
   
6. A sufficient quantity of hot and cold (or tempered) water, under pressure, and soap or other hand cleanser shall be supplied at all times for each lavatory.
   
   
7. Spring-loaded faucets shall not be installed, but if already being used shall be adjusted to an appropriate TIMED interval as to allow sufficient time for adequate cleansing and rinsing, a minimum of 15 seconds. Self-closing or slow-closing faucets that remain open for a minimum of 15 seconds, or for the duration of the handwashing process, or motion activated faucets, shall be acceptable.

H. Cleanliness Of Employees:

1. All employees shall thoroughly wash their hands and forearms with hand cleanser and warm water before starting work. All food handlers shall wash hands during work hours as often as may be required to remove soil and contamination, after working with raw meat products, before handling ready-to-eat foods, after visiting the toilet room, after using tobacco, or after eating or drinking.
   
   
2. No person shall use tobacco in any form or consume food or drink in the food preparation or processing areas, in equipment and utensil washing areas, or while engaged in serving food except that a food employee may drink from a closed beverage container if the container is equipped with a straw and is handled to prevent contamination of food, hands, equipment, utensils, and linens. Appropriate locations for food handlers to smoke, eat or drink shall be designated for their use separate from the above-mentioned areas, assuring that no hazard will result and that contamination will be prevented.
   
   
3. Effective hair restraints shall be used by employees who process, prepare or serve food to keep exposed hair from food or food-contact surfaces.
   
   
4. Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices during all working periods. Personal cleanliness includes clean clothing.
   
   
5. Employees engaged in food processing, preparation or service who have skin infections or communicable forms of infection, including but not limited to cuts, burns, abrasions, boils or bandages on the hands or face, shall be temporarily excluded from work activities in which there is a likelihood of contaminating food or food-contact surfaces.
   
   
6. Hand sanitizers are only acceptable as a supplement to proper handwashing.

I. Water Supply:

1. The water supply system shall be constructed, protected, operated and maintained in conformance with applicable local, state and federal laws, ordinances and regulations.
   
   
2. Hot and cold running water, under pressure, shall be provided in all areas where food is prepared and where equipment and utensils are washed.
   
   
3. Where a food establishment is supplied by its own water system, the system shall meet the sampling and construction requirements of a non-community water system as defined by the current New Mexico Drinking Water Regulations.
   
   
4. All water not piped into the establishment directly from a public water supply system shall be from an approved source, disinfected, transported, handled, stored and dispensed in a sanitary manner. Such water shall be prevented from entering potable water systems by appropriate cross connection and backflow prevention devices.

J. Sulfiting Agents: On-premise application of sulfiting agents on food shall not be allowed in any food service establishment or by a contractor hired for final preparation of food for that establishment.

K. Miscellaneous:

1. Vacuum cleaning, wet cleaning or other dustless methods of ceiling, floor and wall cleaning shall be used; or dust-arresting sweeping compounds and push brooms shall be employed. All such cleaning, except emergency floor cleaning, shall be done during periods when the least amount of food is exposed, such as after closing or between meals.
   
   
2. Laundered cloths and napkins shall be stored in a clean place until used and shall be protected against contamination.
   
   
3. Non-absorbent containers or laundry bags shall be provided for storage of damp or soiled linens.
   
   
4. Wiping cloths, or commercially prepared sanitizing sponges, unless used once and discarded, shall comply with the following:
   (a) cook's cloths used for wiping food spills on tableware, such as plates or bowls being served for the consumer, shall be clean, dry and used for no other purpose;
   (b) moist cloths used for wiping food spills on kitchenware and food-contact surfaces of equipment shall be clean and rinsed frequently in one of the sanitizing solutions permitted in 7.6.2.9.D(6)(b), and used for no other purposes. These cloths shall be stored in the sanitizing solution between uses; and
   (c) moist cloths or sponges used for cleaning non-food-contact surfaces of equipment such as counter, dining table tops, and shelves shall be clean and rinsed with a solution as specified in 7.6.2.9.D(6) and used for no other purpose. These cloths and sponges shall be stored in the sanitizing solution between uses.
5. Animals shall not be permitted in food processing, preparation, storage, display and serving areas, or in equipment or utensil washing areas. Edible fish, crustacea, or shellfish, or fish in aquariums are permitted. Guide dogs for the blind and deaf, service animals for the handicapped and police patrol dogs shall be permitted in dining areas.
   
   
6. Safe and effective control measures shall be utilized where necessary to eliminate insects and rodents. The premises shall be kept in such sanitary condition that will prevent the harborage or feeding of insects or rodents.
   
   
7. When dressing areas are provided for employees, these areas shall be used for changing from street clothes to work clothes and shall not be used for food storage, preparation or utensil washing. Such areas shall be maintained in a clean and sanitary manner. Lockers or other devices shall be provided for the storage of clothing and personal items.
   
   
8. No operation of a food establishment shall be conducted in any room or quarters used for any domestic purpose, and shall be separated from such quarters by complete partitioning and solid self-closing doors. All such rooms and facilities used for food operations, including toilet and lavatory facilities, shall not be used for any domestic purpose, and entry of the public shall not be through the living or domestic quarters.
   
   
9. Laundry facilities in a food establishment shall be restricted to the washing and drying of linens, cloths, uniforms and aprons necessary to the operation. Laundry facilities shall not be located where contamination of food, equipment or utensils may occur.
   
   
10. The food establishment and all parts of the property used in connection with the operation shall be free of litter, debris or trash that could harbor insects or rodents or become a nuisance.
    
    
11. Maintenance and cleaning equipment such as brooms, mops, vacuum cleaners, and similar tools shall be maintained and stored in a way that does not allow contamination of food, utensils, equipment or linens. All unnecessary items shall be removed from the premises.
    
    
12. Use limitation of certain metals as food-contact surfaces:
    (a) cast iron may not be used as a food-contact surface except as a surface for cooking;
    (b) copper or brass may not be used in contact with foods having a pH below 6.0 such as vinegar, fruit juice or wine;
    (c) galvanized metal may not be used for food-contact surfaces for beverages, acidic, moist, or hygroscopic food;
    (d) pewter may not be used in contact with any food;
    (e) solder and flux containing lead in excess of 0.2 % may not be used on surfaces which contact food; and;
    (f) pottery glazed or painted with compounds containing lead may not be used in contact with food.
13. Food thermometers may not be constructed of glass except for candy thermometers which are encased in a shatterproof coating.
    
    
14. “V” type threads may not be used on food-contact surfaces except in hot oil cooking or filtering equipment.
    
    
15. Linens, napkins, and sponges, use limitation:
    (a) except as specified in 7.6.2.9.K(4)(a), (4)(b) and (4)(c), linens, napkins, and sponges may not be used in contact with food;
    (b) linens and napkins may be used to line containers used for the service of foods if the linens and napkins are replaced each time the container is refilled for a new consumer;
    (c) clean cloth or slash resistant gloves may be used in direct contact with food that is subsequently cooked such as frozen food or a primal cut of meat; and
    (d) sponges may not be used in contact with cleaned and sanitized or in-use food-
    contact surfaces, except as stated in 7.6.2.9.K(4).

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