| (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 consumers. Video surveillance records must be
maintained and available for the regulatory authority for a period
of 14 calendar days from the date of the video; and
(2) provide information to the regulatory authority
as to the responsible party that will be available for routine inspections.
(c) Pre-packaged food sold at a self-service food market
shall:
(1) meet the labeling requirements as specified in
Food Code, Paragraph 3-201.11(C); and
(2) be tamper evident.
(d) A food specified in Food Code, Paragraphs 3-501.17(A)
or (B) or §3-501.18 shall be discarded if it:
(1) exceeds the temperature or time specified in Food
Code, Paragraphs 3-501.17(A) and (B), except time that the product
is frozen;
(2) is in a container or package that does not bear
an expiration date or day; or
(3) is not appropriately marked with a date or day
that exceeds the temperature and time combination as specified in
Food Code, Paragraphs 3-501.17(A) and (B).
(e) All self-service food market display-units offering
refrigerated, time and temperature control for safety foods (TCS foods)
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 Food Code, Chapter 4 - Equipment,
Utensils, and Linens; 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 in Food
Code, Subparts 3-202, 3-401-403, and 3-501, §228.62 of this chapter
(relating to Specifications for Receiving), and §228.64 of this
chapter (relating to Donation of Foods).
(f) When a condition specified in subsection (e)(1)
of this section occurs, the ambient temperature may not exceed five
degrees Celsius (41 degrees Fahrenheit), or seven degrees Celsius
(45 degrees Fahrenheit) for a unit holding raw shell eggs only, for
more than 30 minutes immediately after the display is filled, serviced,
or restocked.
(g) All self-service food market display-units offering
TCS food, shall be:
(1) equipped with a self-closing door; or
(2) maintained at five degrees Celsius (41 degrees
Fahrenheit), or seven degrees Celsius (45 degrees Fahrenheit) for
raw shell eggs, if it is an open display unit.
(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 or
comments shall be addressed;
(2) the address of the business responsible for the
market; and
(3) the responsible business's 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,
it will not be required to maintain a person in charge onsite as specified
in Food Code, Paragraph 2-101.11(A).
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