HAR §11-50-74. Maintenance and operation

(a) Physical facilities shall be maintained in good repair. (b) Cleaning, frequency and restrictions. (1) Physical facilities shall be cleaned as often as necessary to keep them clean; (2) Except for cleaning that is necessary due to a spill or other accident, cleaning shall be done 50-161 §11-50-74 during periods when the least amount of food is exposed such as after closing. (c) Cleaning floors, dustless methods. (1) Except as specified in paragraph (2), only dustless methods of cleaning shall be used, such as wet cleaning, vacuum cleaning, mopping with treated dust mops, or sweeping using a broom and· dust-arresting compounds; (2) Spills or drippage on floors that occur between normal floor cleaning times may be cleaned: (d) (A) Without the use of dust-arresting compounds; and (B) In the case of liquid spills or drippage, with the use of a small amount of absorbent compound such as sawdust or diatomaceous earth applied immediately before spot cleaning. Cleaning ventilation systems, nuisance and discharge (1) prohibition. Intake and exhaust air ducts shall be cleaned and filters changed so they are not a source of contamination by dust, dirt, and other materials; (2) If vented to the outside, ventilation systems may not create a public health hazard or nuisance or unlawful discharge. (e) Food preparation sinks, handwashing sinks, and warewashing equipment may not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar liquid wastes. (f) After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies. (g) Absorbent materials on floors, use limitation. Except as specified in subsection (c) (2), sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials may not be used on floors. (h) Plumbing fixtures such as handwashing sinks, toilets, and urinals shall be cleaned as often as necessary to keep them clean. (i) Except during cleaning and maintenance operations, toilet room doors as specified in section 11-50-71(k) shall be kept closed. (j) Using dressing rooms and lockers. 50-162 §11-50-74 (1) Dressing rooms shall be used by employees if the employees regularly change their clothes in the establishment; (2) Lockers or other suitable facilities shall be used for the orderly storage of employee clothing and other possessions. (k) The premises shall be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests shall be controlled to eliminate their presence on the premises by: (1) Routinely inspecting incoming shipments of food and supplies; (2) Routinely inspecting the premises for evidence of pests; (3) Using methods, if pests are found, such as trapping devices or other means of pest control as specified in section 11-50-81 (c), (f), and (g); and (4) Eliminating harborage conditions. (1) Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the premises at a frequency that prevents their accumulation, decomposition, or the attraction of pests. (m) Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall be: (1) Stored so they do not contaminate food, equipment, utensils, linens, and single-service and single-use articles; and (2) Stored in an orderly manner that facilitates cleaning the area used for storing the maintenance tools. (n) The premises shall be free of: (1) Items that are unnecessary to the operation or maintenance of the establishment such as equipment that is nonfunctional or no longer used; and (2) Litter. (o) Prohibiting animals. (1) Except as specified in paragraphs (2), (3), and (4), live animals may not be allowed on the premises of a food establishment; (2) Live animals may be allowed in the following situations if the contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles cannot result: 50-163 §11-50-74 (A) Edible fish or decorative fish in aquariums, shellfish or crustacea on ice or under refrigeration, and shellfish and crustacea in display tank systems; (B) Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas, and sentry dogs running loose in outside fenced areas; (C) In areas that are not used for food preparation and that are usually open for customers, such as dining and sales areas, service animals that are controlled by the disabled employee or person, if a health or safety hazard will not result from the presence or activities of the service animal; (D) Pets in the common dining areas of institutional care facilities such as nursing homes, assisted living facilities, group homes, or residential care facilities at times other than during meals if: (i) Effective partitioning and self- closing doors separate the common dining areas from food storage or food preparation areas; (ii) Condiments, equipment, and utensils are stored in enclosed cabinets or removed from the common dining areas when pets are present; and (iii) Dining areas including tables, countertops, and similar surfaces are effectively cleaned before the next meal service; and (E) In areas that are not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly confined, such as in a variety store that sells pets or a tourist park that displays animals; (3) Live or dead fish bait may be stored if contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles cannot result. (4) Pet dogs under the control of a person may be allowed in an outdoor dining area of a food establishment under these conditions: 50-164 §11-50-74 (A) Signage to notify customers that pet dogs are allowed in the outdoor area of a food establishment; (B) A separate entrance is present through which the pet dog enters and exits the outdoor dining area without passing through the food establishment; (C) Pet dogs are kept on a leash or confined in a carrier; (D) Pet dogs are not allowed on tables, chairs, benches, seats, or other furniture and fixtures in the food establishment; (E) Food employees are prohibited from having direct contact with pet dogs while on duty. A food employee who does have such prohibited direct or incidental contact shall wash their hands as specified in 11- 50-22(b) and (c); (F) Food establishments shall not provide food on tableware or use utensils for pet dogs; (G) The outdoor dining area is not used for storage of utensils, single-service or single-use articles and food or drink preparation, except that an employee of the food establishment may refill beverages from a pitcher or other container; (H) The outdoor dining area shall be maintained clean: (i) Any surface in contact with feces, urine or vomitus from pet dogs shall be cleaned and sanitized; (ii) Any animal waste must be cleaned and sanitized immediately; (iii) After handling animal waste or equipment in contact with animal waste, food employees shall wash their hands as specified in section ll-50- 22(b) and (c); (I) The owner or operator must ensure compliance related to sidewalks, public nuisances, and sanitation as required by law. [Eff 2/24/2014; am and comp AUG 24 2025 (Auth: HRS §321-11) (Imp: HRS §321-11) §§11-50-75 to 11-50-79 (Reserved) . 50-165 §11-50-80 SUBCHAPTER 7 POISONOUS OR TOXIC MATERIALS