| (a) Self-Service Food Markets shall comply with the
minimum standards of this section.
(b) Self-Service Food Markets shall:
(1) be equipped with 24/7 video surveillance records
of consumers viewing, selecting, handling, and purchasing products
that identify these customers. Video surveillance records must be
maintained and available for the regulatory authority for a period
of 14 calendar days;Pf and
(2) provide information to the regulatory authority
as to the responsible party that will be available for routine inspections.Pf
(c) Pre-packaged food sold at a Self-Service Food Market
shall:
(1) meet the labeling requirements as specified in §228.62(a)(3)
of this title;P and
(2) be tamper evident.P
(d) A food specified in §228.75(g)(1) or (2) or
(h) of this title shall be discarded if it:
(1) exceeds the temperature or time specified in §228.75(g)(1)
and (2) of this title, except time that the product is frozen;P
(2) is in a container or package that does not bear
an expiration date or day;P or
(3) is not appropriately marked with a date or day
that exceeds the temperature and time combination as specified in §228.75(g)(1)
and (2) of this title.P
(e) All self-service food market display units offering
refrigerated, time/temperature controlled for safety (TCS) food shall
have an automatic shut-off control or a plan approved by the regulatory
authority that prevents the market or market equipment from dispensing
food if:
(1) there is a power failure, mechanical failure, or
other condition that results in failure of the equipment to maintain
food temperatures as specified under Subchapter D of this chapter;Pf and
(2) where a condition specified in paragraph (1) of
this subsection occurs, until the equipment is serviced and restocked
with food that has been maintained at temperatures specified on Subchapter
C of this chapter.Pf
(f) When a condition specified in subsection (e)(1)
of this section occurs, the ambient temperature may not exceed forty-one
degrees Fahrenheit (five degrees Celsius) for more than thirty minutes
immediately after the display is filled, serviced, or restocked.Pf
(g) All self-service food market display units offering
TCS food, shall be:
(1) equipped with a self-closing door;Pf or
(2) maintained at forty-one degrees Fahrenheit (five
degrees Celsius) if it is an open display unit.Pf
(h) Self-Service Food Markets shall have a sign readily
visible from the automated payment kiosk stating:
(1) the name of the business to whom complaints/ comments
shall be addressed,
(2) the address of the business responsible for the
market, and
(3) the responsible business' telephone number and
email or web information, when applicable.
(i) When a retail food establishment operating as a
Self-Service Food Market incorporates the provision in this section,
they will not be required to maintain a person in charge onsite as
specified in §228.34 of this title.Pf
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