HAR §11-50-46
HAR §11-50-46. Design and construction
Cite as Haw. Code R. § 11-50-46
(a)
Equipment
and utensils shall be designed and constructed to be
durable and to retain their characteristic qualities under
normal use conditions.
(b)
Food temperature measuring devices may not have
sensors or stems constructed of glass, except that
thermometers with glass sensors or stems that are encased
in a shatterproof coating such as candy thermometers may be
used.
(c)
Food-contact surfaces.
(1)
Multiuse food-contact surfaces shall be:
(A)
Smooth;
(B)
Free of breaks, open seams, cracks, chips,
inclusions, pits, and similar
imperfections;
(C)
Free of sharp internal angles, corners, and
crevices;
(D)
Finished to have smooth welds and joints;
and
(E)
Except as specified in paragraph (2),
accessible for cleaning and inspection by
one of the following methods:
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(2)
(d)
(1)
(2)
(e)
equipment,
surfaces.
(i)
(ii)
(iii)
§11-50-46
Without being disassembled;
By disassembling without the use of
tools; or
By easy disassembling with the use of
handheld tools commonly available to
maintenance and cleaning personnel
such as screwdrivers, pliers, open-end
wrenches, and Allen wrenches;
Paragraph (1) (E) does not apply to cooking oil
storage tanks, distribution lines for cooking
oils, or beverage syrup lines or tubes.
CIP equipment.
CIP equipment shall meet the characteristics
specified in subsection (c) and shall be designed
and constructed so that:
(A)
Cleaning and sanitizing solutions circulate
(B)
throughout a fixed system and contact all
interior food-contact surfaces; and
The system is self-draining or capable of
being completely drained of cleaning and
sanitizing solutions; and
CIP equipment that is not designed to be
disassembled for cleaning shall be designed with
inspection access points to ensure that all
interior food-contact surfaces throughout the
fixed system are being effectively cleaned.
Except for hot oil cooking or filtering
"V" type threads may not be used on food-contact
(f)
Hot oil filtering equipment shall meet the
characteristics specified in subsection (c) or (d) and
shall be readily accessible for filter replacement and
cleaning of the filter.
(g)
Cutting or piercing parts of can openers shall
readily removable for cleaning and for replacement.
be
(h)
Nonfood-contact surfaces shall be free of
unnecessary ledges, projections, and crevices, and designed
and constructed to allow easy cleaning and to facilitate
maintenance.
(i)
Kick plates shall be designed so that the areas
behind them are accessible for inspection and cleaning by
being:
(1)
Removable by one of the methods specified in
subsection (c) (1) (E) or capable of being rotated
open; and
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(2)
Removable or capable of being rotated open
without unlocking equipment doors.
(j)
Filters or other grease extracting equipment
shall be designed to be readily removable for cleaning and
replacement if not designed to be cleaned in place.
water.
(k)
Accuracy of temperature measuring devices, food.
(1)
Food temperature measuring devices that are
scaled only in Celsius or dually scaled in
Celsius and Fahrenheit shall be accurate to plus
or minus one degree Celsius in the intended range
of use;
(2)
Food temperature measuring devices that are
scaled only in Fahrenheit shall be accurate to
plus or minus two degrees Fahrenheit in the
intended range of use.
(1)
Temperature measuring devices, ambient air and
(1)
Ambient air and water temperature measuring
devices that are scaled in Celsius or dually
scaled in Celsius and Fahrenheit shall be
designed to be easily readable and accurate to
plus or minus one and one-half degrees Celsius in
the intended range of use;
(2)
Ambient air and water temperature measuring
devices that are scaled only in Fahrenheit shall
be accurate to plus or minus three degrees
Fahrenheit in the intended range of use.
(m)
Pressure measuring devices that display the
pressures in the water supply line for the fresh hot water
sanitizing rinse shall have increments of one pound per
square inch or smaller and shall be accurate to plus or
minus two pounds per square inch in the range indicated on
the manufacturer's data plate.
(n)
Exhaust ventilation hood systems in food
preparation and warewashing areas including components such
as hoods, fans, guards, and ducting shall be designed to
prevent grease or condensation from draining or dripping
onto food, equipment, utensils, linens, and single-service
and single-use articles.
(o)
Equipment openings, closures and deflectors.
(1)
A cover or lid for equipment shall overlap the
opening and be sloped to drain;
(2)
An opening located within the top of a unit of
equipment that is designed for use with a cover
or lid shall be flanged upward at least two-
tenths of an inch;
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(3)
Except as specified in paragraph (4), fixed
piping, temperature measuring devices, rotary
shafts, and other parts.extending into equipment
shall be provided with a watertight joint at the
point where the item enters the equipment.
(4)
If a watertight joint is not provided:
(A)
The piping, temperature measuring devices,
rotary shafts, and other parts extending
through the openings shall be equipped with
an apron designed to deflect condensation,
drips, and dust from openings into the
food; and
(B)
The opening shall be flanged as specified
in paragraph (2).
(p)
In equipment that dispenses or vends liquid food
or ice in unpackaged form:
(1)
The delivery tube, chute, orifice, and splash
surfaces directly above the container receiving
the food shall be designed in a manner, such as
with barriers, baffles, or drip aprons, so that
drips from condensation and splash are diverted
from the opening of the container receiving the
food;
(2)
The delivery tube, chute, and orifice shall be
protected from manual contact such as by being
recessed;
(3)
The delivery tube or chute and orifice of
equipment used to vend liquid food or ice in
unpackaged form to self-service consumers shall
be designed so that the delivery tube or chute
and orifice are protected from dust, insects,
rodents, and other contamination by a self-
closing door if the equipment is:
(A)
Located in an outside area that does not
otherwise afford the protection of an
enclosure against the rain, windblown
debris, insects, rodents, and other
contaminants that are present in the
environment; or
(B)
Available for self-service during hours
when it is not under the full-time
supervision of a food employee; and
(4)
The dispensing equipment actuating lever or
mechanism and filling device of consumer self-
service beverage dispensing equipment shall be
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§11-50-46
designed to prevent contact with the lip-contact
surface of glasses or cups that are refilled;
(5)
Dispensing equipment in which time/temperature
control for safety food in a homogenous liquid
form is maintained outside of the temperature
control requirements as specified in section
11-50-34 ( f) ( 1) shall:
(A)
Be specifically designed and equipped to
maintain the commercial sterility of
aseptically packaged food in a homogenous
liquid form for a specified duration from
the time of opening the packaging within
the equipment; and
(B)
Conform to the requirements for this
equipment as specified in NSF/ANSI 18-2006-
Manual Food and Beverage Dispensing
Equipment.
(q)
The dispensing compartment of a vending machine
including a machine that is designed to vend prepackaged
snack food that is not time/temperature control for safety
food such as chips, party mixes, and pretzels shall be
equipped with a self-closing door or cover if the machine
is:
(1)
Located in an outside area that does not
otherwise afford the protection of an enclosure
against the rain, windblown debris, insects,
rodents, and other contaminants that are present
in the environment; or .
(2)
Available for self-service during hours when it
is not under the full-time supervision of a food
employee.
(r)
Equipment containing bearings and gears that
require lubricants shall be designed and constructed so
that the lubricant cannot leak, drip, or be forced into
food or onto food-contact surfaces.
(s)
Except for cold plates that are constructed
integrally with an ice storage bin, beverage tubing and
cold-plate beverage cooling devices may not be installed in
contact with stored ice.
(t)
Liquid waste drain lines may not pass through an
ice machine or ice storage bin.
(u)
If a condenser unit is an integral component of
equipment, the condenser unit shall be separated from the
food and food storage space by a dustproof barrier.
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§11-50-46
(v)
Cutting or piercing parts of can openers on
vending machines shall be protected from manual contact,
dust, insects, rodents, and other contamination.
(w)
Molluscan shellfish tanks.
(1)
Except as specified in paragraph (2), molluscan
shellfish life support system display tanks may
not be used to store or display shellfish that
are offered for human consumption and shall be
conspicuously marked so that it is obvious to the
consumer that the shellfish are for display only;
(2)
Molluscan shellfish life-support system display
tanks that are used to store or display shellfish
that are offered for human consumption shall be
operated and maintained in accordance with a
variance granted by the department as specified
in section ll-50-13(a) and a HACCP plan that:
(A)
Is submitted by the owner or operator and
approved as specified in section
ll-50-13(b); and
(B)
Ensures that:
(i)
Water used with fish other than
molluscan shellfish does not flow into
the molluscan tank;
(ii)
The safety and quality of the
shellfish as they were received are
not compromised by the use of the
tank; and
(iii)
The·identity of the source of the
shellstock is retained as specified in
section ll-50-3l(r).
(x)
Vending machines, automatic shutoff.
(1)
A machine vending time/temperature control for
safety food shall have an automatic control that
prevents the machine from vending food:
(A)
If there is a power failure, mechanical
failure, or other condition that results in
an internal machine temperature that cannot
maintain food temperatures as specified in
subchapter 3; and
(B)
If a condition specified in paragraph
( 1) (A) occurs, until the machine is
serviced and restocked with food that has
been maintained at temperatures specified
in subchapter 3;
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(2)
When the automatic shutoff within a machine
vending time/temperature control for safety food is
activated:
(A)
In a refrigerated vending machine, the
ambient air temperature may not exceed
forty-one degrees Fahrenheit for more than
thirty minutes immediately after the
machine is filled, serviced, or restocked;
or
(B)
In a hot holding vending machine, the
ambient air temperature may not be less
than one hundred thirty-five degrees
Fahrenheit for more than one hundred twenty
minutes immediately after the machine is
filled, serviced, or restocked.
(y)
Temperature measuring devices.
(1)
In a mechanically refrigerated or hot food
storage unit, the sensor of a temperature
measuring device shall be located to measure the
air temperature or a simulated product
temperature in the warmest part of a mechanically
refrigerated unit and in the coolest part of a
hot food storage unit;
(2)
Except as specified in paragraph (3), cold or hot
holding equipment used for time/temperature
control for safety food shall be designed to
include and shall be equipped with at least one
integral or permanently affixed temperature
measuring device that is located to allow easy
viewing of the device's temperature display;
(3)
Paragraph (2) does not apply to equipment for
which the placement of a temperature measuring
device is not a practical means for measuring the
ambient air surrounding the food because of the
design, type, and use of the equipment, such as
calrod units, heat lamps, cold plates,
bainmaries, steam tables, insulated food
transport containers, and salad bars;
(4)
Temperature measuring devices ~hall be designed
to be easily readable;
(5)
Food temperature measuring devices and water
temperature measuring devices on warewashing
machines shall have a numerical scale, printed
record, or digital readout in increments no
greater than two degrees Fahrenheit in the
intended range of use.
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(z)
A warewashing machine shall be provided with an
easily accessible and readable data plate affixed to the
machine by the manufacturer that indicates the machine's
design and operation specifications including the:
(1)
Temperatures required for washing, rinsing, and
sanitizing;
(2)
Pressure required for the fresh water sanitizing
rinse unless the machine is designed to use only
a pumped sanitizing rinse; and
(3)
Conveyor speed for conveyor machines or cycle
time for stationary rack machines.
(aa)
Warewashing machine wash and rinse tanks shall be
equipped with baffles, curtains, or other means to minimize
internal cross contamination of the solutions in wash and
rinse tanks.
(bb)
A warewashing machine shall be equipped with a
temperature measuring device that indicates the temperature
of the water:
(1)
In each wash and rinse tank; and
(2)
As the water enters the hot water sanitizing
final rinse manifold or in the chemical
sanitizing solution tank.
(cc)
If hot water is used for sanitization in manual
warewashing operations, the sanitizing compartment of the
sink shall be:
(1)
Designed with an integral heating device that is
capable of maintaining water at a temperature not
less than one hundred seventy-one degrees
Fahrenheit; and
(2)
Provided with a rack or basket to allow complete
immersion of equipment and utensils into the hot
water.
(dd)
A warewashing machine that is installed shall be
equipped to:
(1)
Automatically dispense detergents and sanitizers;
and
(2)
Incorporate a visual means to verify that
detergents and sanitizers are delivered or a
visual or audible alarm to signal if the
detergents and sanitizers are not delivered to
the respective washing and sanitizing cycles.
(ee)
Warewashing machines, flow pressure device.
(1)
Warewashing machines that provide a fresh hot
water sanitizing rinse shall be equipped with a
pressure gauge or similar device such as a
transducer that measures and displays the water
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§11-50-46
pressure in the supply line immediately before
entering the warewashing machine; and
(2)
If the flow pressure measuring device is upstream
of the fresh hot water sanitizing rinse control
valve, the device shall be mounted in a one-
fourth inch Iron Pipe Size (IPS) valve;
(3)
Paragraphs (1) and (2) do not apply to a machine
that uses only a pumped or recirculated
sanitizing rinse.
(ff)
Sinks and drainboards of warewashing sinks and
machines shall be self-draining.
(gg)
Equipment compartments that are subject to
accumulation of moisture due to conditions such as
condensation, food or beverage drip, or water from melting
ice shall be sloped to an outlet that allows complete
draining.
(hh)
(1)
(2)
(3)
(ii)
(1)
Vending machines, liquid waste products.
Vending machines designed to store beverages that
are packaged in containers made from paper
products shall be equipped with diversion devices
and retention pans or drains for container
leakage;
Vending machines that dispense liquid food in
bulk shall be:
(A)
Provided with an internally mounted waste
receptacle for the collection of drip,
spillage, overflow, Dr other internal
wastes; and
(B)
Equipped with an automatic shutoff device
that will place the machine out of
operation before the waste receptacle
overflows;
Shutoff devices specified in paragraph (2) (B)
shall prevent water or liquid food from
continuously running if there is a failure of a
flow control device in the water or liquid food
system or waste accumulation that could lead to
overflow of the waste receptacle.
Vending machine, doors and openings.
Vending machine doors and access opening covers
to food and container storage spaces shall be
tight-fitting so that the space along the entire
interface between the doors or covers and the
cabinet of the machine, if the doors or covers
are in a closed position, is no greater than one-
sixteenth inch by:
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(A)
Being covered with louvers, screens, or
materials that provide an equivalent
opening of not greater than one-sixteenth
inch.
Screening of twelve mesh to one inch
meets this requirement;
(B)
Being effectively gasketed;
(C)
Having interface surfaces that are at least
one-half inch wide; or
(D)
Jambs or surfaces used to form an L-shaped
entry path to the interface;
(2)
Vending machine service connection openings
through an exterior wall of a machine shall be
closed by sealants, clamps, or grommets so that
the openings are no larger than one-sixteenth
inch.
(jj)
Food equipment that is certified or classified
for sanitation in conformance to a recognized American
National Standard by an American National Standards
Institute (ANSI)-accredited certification program is deemed
to comply with sections 11-50-45 and 11-50-46.
[Eff
2/24/2014; am and comp
AUG 24 2025
] (Auth: HRS
§321-11) (Imp: HRS §321-11)