|(a) Mobile Food Unit provisions.
(1) General. Except as otherwise provided in this paragraph
and in paragraph (2) of this subsection, the regulatory authority
may impose additional requirements to protect against health hazards
related to the conduct of the food establishment as a mobile operation,
may prohibit the sale of some or all time/temperature control for
safety (TCS) food, and when no health hazard will result, may waive
or modify requirements of this rule relating to physical facilities,
except those requirements as specified in paragraphs (7) and (8) of
this subsection; subsection (c)(1)(A) - (E) of this section and §§228.71
- 228.75 of this title. The regulatory authority shall require a Mobile
Food Unit operator to demonstrate that the vehicle is readily moveable.
(2) Restricted operation. Mobile Food Units that serve
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/temperature control for safety (NTCS)
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. The regulatory authority prohibits
alteration, removal, attachments, additions, placement or change in,
under, or upon the Mobile Food Unit that would prevent or otherwise
reduce ready mobility. A regulatory authority may require a Mobile
Food Unit to come, on an annual basis or as often as required, to
a location designated by the regulatory authority as proof that the
Mobile Food Unit is readily moveable.Pf
(4) Initial Permitting Inspection. The regulatory authority
shall require a Mobile Food Unit to come to a location designated
by the authority. The mobile unit must be totally operable at time
of inspection, including but not limited to handwash/warewash facilities,
refrigeration and wastewater disposal. Required documentation to have
(A) Certified Food Manager Certification.Pf
(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
(E) Menu of all food items to be sold.
(5) Single-service articles. Mobile Food Units 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 Subchapter C of this chapter.Pf
(B) Manual warewashing, sink compartment requirements.Pf
(i) A sink with at least three compartments shall be
provided for manually washing, rinsing, and sanitizing equipment and
utensils as specified in §228.107(b)(1) of this title.Pf
(ii) Sink compartments shall be large enough to accommodate
immersion of the largest equipment and utensils as specified in §228.107(b)(2)
of this title.Pf
(C) At least one handwashing sink shall be available
for convenient use by employees and properly provisioned in accordance
with §228.175(b) - (c) of this title.Pf
(7) Mobile water system materials, design, and operation.
Mobile Food Unit water systems shall meet the requirements of §228.149(f)
of this title.
(8) Mobile Food Unit tank inlet. A Mobile Food Unit's
water tank inlet shall be:
(A) 19.1 mm (3/4 inch) in inner diameter or less; and
(B) Provided with a hose connection of a size or type
that will prevent its use for any other service.
(C) Fill hose and water holding tank shall be labeled
as "Potable Water."
(9) Sewage and other liquid waste.
(A) Waste retention. If liquid waste results from operation
of a Mobile Food Unit, the waste shall be stored in a permanently
installed retention tank.
(B) Capacity and drainage. A leak-proof sewage holding
tank in a Mobile Food Unit shall be:
(i) sized at least 15% larger in capacity than the
water supply tank; and
(ii) sloped to a drain that is 25 millimeters (1 inch)
in inner diameter or greater, equipped with a shut-off valve.
(C) All connections on the vehicle for servicing the
Mobile Food Unit waste disposal facilities shall be of a different
size or type than those used for supplying potable water to the Mobile
(D) Discharge liquid waste shall not be discharged
from the retention tank while the Mobile Food Unit is in motion.P
(E) Flushing a waste retention tank. A tank for liquid
waste retention shall be thoroughly flushed and drained in a sanitary
(F) Removing Mobile Food Unit wastes. Sewage and other
liquid wastes shall be removed from a Mobile Food Unit at an approved
waste servicing area or by a sewage transport vehicle in such a way
that a public health hazard or nuisance is not created.P
(G) Liquid waste holding tank shall be labeled as "waste
(10) Mobile Food Unit water and wastewater exemption.
(A) A roadside vendor that sells only prepackaged food
is exempt from the requirements of this chapter relating to water
(B) A Mobile Food Unit 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 exist at its central
preparation facility. Chemically treated towelettes for handwashing
may be used as specified in §228.147(a)(3) of this title.P
(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. Mobile
Food Units shall operate from a central preparation facility or other
fixed food establishment and shall report to such location daily for
supplies and for cleaning and servicing operations.
(2) Construction. The central preparation facility
or other fixed food service establishment, used as a base of operation
for Mobile Food Units, shall be constructed and operated in compliance
with the requirements of Subchapter F of this chapter.
(c) Servicing area and operations.
(A) A Mobile Food Unit servicing area shall include
at least overhead protection for any supplying, cleaning, or servicing
operation. Those areas used only for the loading of water and/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.P
(C) A servicing area will not be required where only
packaged food is placed on the Mobile Food Unit or where Mobile Food
Units do 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
(2) Construction exemption. The construction of the
walls and ceilings of the servicing area is exempted from the provisions
of §228.173(a) of this title.