(a) Mobile food unit provisions.
(1) General. Except as otherwise provided in this paragraph
and in paragraph (2) of this subsection, the regulatory authority:
(A) may impose additional requirements to protect against
health hazards related to the conduct of the food establishment as
a mobile operation;
(B) may prohibit the sale of some or all time and temperature
control for safety foods (TCS foods); and
(C) when no health hazard will result, may waive or
modify requirements of this section relating to physical facilities,
except those requirements as specified in paragraphs (7) - (9) of
this subsection, subsection (c)(1)(A) - (E) of this section, and Food
Code, Subparts 3-401, 3-402, 3-403, 3-404, and 3-501.
(2) Restricted operation. A mobile food unit (MFU)
that serves only food that is prepared, packaged in individual servings,
transported and stored under conditions meeting the requirements of
this chapter, or beverages that are non-time and temperature control
for safety food and are dispensed from covered urns or other protected
equipment, need not comply with the requirements of this chapter,
relating to the necessity of water and sewage systems nor to those
requirements, relating to the cleaning and sanitization of equipment
and utensils if the required equipment for cleaning and sanitization
exists at its central preparation facility.
(3) Readily movable.
(A) The regulatory authority prohibits alteration,
removal, attachments, additions, placement, or change in, under, or
upon the MFU that prevents or otherwise reduces ready mobility.
(B) A regulatory authority may require an MFU to come,
on an annual basis or as often as required, to a location designated
by the regulatory authority as proof that the MFU is readily moveable.
(4) Initial Permitting Inspection. The regulatory authority
requires an MFU to come to a location designated by the regulatory
authority. The mobile unit must be totally operable at time of inspection,
including handwash facilities, warewash facilities, refrigeration,
and wastewater disposal. Required documentation to have available
includes:
(A) Certified Food Protection Manager Certification.
(B) Central Preparation Facility Authorization (if
required). A signed letter of authorization is required, to verify
facility use, if the central preparation facility is not owned by
the mobile unit operator.
(C) Central Preparation Facility Inspection Report.
A copy of the most current health inspection of the central preparation
facility must be maintained on the mobile unit at all times.
(D) Servicing Area Authorization. A signed letter of
authorization may be required by the regulatory authority to verify
service area use, if the servicing area is not owned by the mobile
unit operator.
(E) Menu. A menu of all food items to be sold.
(5) Single-service articles. An MFU shall provide only
single service articles for use by the consumer.
(6) Equipment, numbers, and capacities.
(A) Cooling, heating, and holding capacities. Equipment
for cooling and heating food, and holding cold and hot food, shall
be sufficient in number and capacity to provide food temperatures
as specified under Food Code, Chapter 3 - Food.
(B) Manual warewashing, sink compartment requirements.
(i) A sink with at least three compartments shall be
provided for manually washing, rinsing, and sanitizing equipment and
utensils as specified in Food Code, Paragraph 4-301.12(A).
(ii) Sink compartments shall be large enough to accommodate
immersion of the largest equipment and utensils as specified in Food
Code, Paragraph 4-301.12(B).
(C) At least one handwashing sink shall be available
for convenient use by employees and properly provisioned in accordance
with Food Code, §6-301.11-12.
(7) Mobile water system materials, design, and operation.
MFU water systems shall meet the requirements of Food Code, Part 5-3.
(8) MFU drinking water tank shall meet the requirements
of Food Code, §5-303.13.
(A) Fill hose and water holding tank shall be labeled
as "Potable Water."
(B) Drinking water in an MFU holding tank shall be
tested for contamination by sampling upon request by the regulatory
authority.
(9) Sewage and other liquid waste.
(A) If liquid waste results from operation of an MFU,
the waste shall be stored in a permanently installed retention tank
for waste retention.
(B) A leak-proof sewage holding tank in an MFU shall
meet the requirements of Food Code, §5-401.11 for capacity and
drainage.
(C) All connections on the vehicle for servicing the
MFU waste disposal facilities shall be of a different size or type
than those used for supplying potable water to the MFU.
(D) Discharge liquid waste shall not be discharged
from the retention tank while the MFU is in motion.
(E) Flushing a waste retention tank shall meet the
requirements of Food Code, §5-402.15.
(F) Removing MFU wastes shall meet the requirements
of Food Code, §5-402.14.
(G) Liquid waste holding tank shall be labeled as "waste
water."
(10) MFU water and wastewater exemption.
(A) A roadside vendor that sells only prepackaged food
is exempt from the requirements of this chapter relating to water
and wastewater.
(B) An MFU that prepares food requiring no water for
operations and no hand contact with food is exempt from the requirements
of this chapter relating to water and wastewater if the required cleaning
and sanitization equipment exists at its central preparation facility.
Chemically treated towelettes for handwashing may be used as specified
in Food Code, Paragraph 5-203.11(C).
(11) Toilet rooms, convenience and accessibility. Toilet
rooms shall be conveniently located and accessible to employees during
all hours of operation.
(b) Central preparation facility.
(1) Supplies, cleaning, and servicing operations. An
MFU shall operate from a central preparation facility or other fixed
food establishment and shall report to such location daily for supplies,
cleaning, and servicing operations.
(2) Construction. The central preparation facility
or other fixed food establishment, used as a base of operation for
an MFU, shall be constructed and operated in compliance with the requirements
of Food Code, Chapter 6 - Physical Facilities.
(c) Outdoor servicing area and operations.
(1) Protection.
(A) An MFU servicing area shall include at least overhead
protection for any supplying, cleaning, or servicing operation. Those
areas used only for the loading of water or the discharge of sewage
and other liquid waste, through the use of a closed system of hoses,
need not be provided with overhead protection.
(B) Within the servicing area, the location provided
for the flushing and drainage of liquid wastes shall be separate from
the location provided for potable water servicing and for the loading
and unloading of food and related supplies.
(C) A servicing area will not be required where only
packaged food is placed on the MFU or where an MFU does not contain
waste retention tanks.
(D) The surface of the servicing area shall be constructed
of a smooth nonabsorbent material, such as concrete or machine-laid
asphalt and shall be maintained in good repair, kept clean, and be
graded to drain.
(E) Potable water servicing equipment shall be installed
in the servicing area according to the Plumbing Code and shall be
stored and handled in a way that protects the water and equipment
from contamination.
(2) Construction exemption. The construction of the
walls and ceilings of the servicing area is exempted from the provisions
of Food Code, §6-201.11.
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