901:3-4-05(E) Risk level of retail food establishments

The licensor shall determine the risk level of mobile retail food establishment based on the highest risk level activity of mobile retail food establishments in accordance with the criteria listed in paragraphs (E)(1) to (E)(2) of this rule:

(1)

Low risk poses a potential risk to the public in terms of sanitation, food labeling, sources of food, and food storage practices in the mobile. Low risk activities include:

(a)

Holding for sale or service pre-packaged refrigerated or frozen time/temperature controlled for safety foods; and

(b)

Offering for sale or serving pre-packaged non-time/temperature controlled for safety foods.

(2)

High risk poses a higher potential risk to the public than low risk because of concerns associated with: proper receiving, holding, and cooking temperatures; proper cooling procedures; processing a raw food that has undergone parasite or bacterial load reduction procedures in order to sell or serve it as ready-to-eat; handling or preparing food using a procedure with several preparation steps that includes reheating of a product or ingredient of a product where multiple temperature controls are needed to preclude bacterial growth; offering as ready-to-eat a raw time/temperature controlled for safety meat, poultry product, fish, or shellfish; or a food with these raw time/temperature controlled for safety items as ingredients; or using time in lieu of temperature as a public health control for time/temperature controlled for safety food. Examples of high-risk activities include, but are not limited to:

(a)

Assembling or cooking time/temperature controlled for safety food that is immediately served, held hot or cold, or cooled;

(b)

Operating a heat treatment dispensing freezer;

(c)

Reheating bulk quantities or individual portions of leftover time/temperature controlled for safety food;

(d)

Heating a food from an intact, hermetically sealed package and holding it hot; or

(e)

Operating as a mobile catering food service operation as defined in paragraph (L) of rule 3701-21-01 of the Administrative Code.