Title 26, Chapter 2, Section 392
(a) This Code section applies to food items prepared and offered for
sale by organizations at events covered under this article. Food
shall be in sound condition, free from spoilage, filth, or other
contamination and shall be safe for human consumption. Food shall
be obtained from sources that comply with all laws relating to food
and food labeling. The use of food in hermetically sealed
containers that was not prepared in a licensed food processing
establishment is prohibited.
(b) At all times, including while being stored, prepared, displayed,
served, or transported, food shall be protected from potential
contamination, including dust, insects, rodents, unclean equipment
and utensils, unnecessary handling, flooding, drainage, and overhead
leakage or overhead drippage from condensation. The temperature of
potentially hazardous food shall be either 45 degrees Fahrenheit or
below or 140 degrees Fahrenheit or above at all times.
(c) The preparation of the following potentially hazardous foods is
prohibited unless the organization has an established hazard control
(1) Pastries filled with cream or synthetic cream;
(3) Products similar to the products listed in paragraphs (1) and
(2) of this subsection; or
(4) Salads containing meat, poultry, eggs, or fish.
(d) Frozen desserts shall only be produced using commercially
pasteurized mixes or ingredients. Suitable utensils must be
provided to eliminate hand contact with the cooked product. All
utensils and equipment shall be cleaned periodically as necessary to
prevent a buildup of food.
(e) Ice that is consumed or that contacts food shall be from an
approved source and protected from contamination until used. Ice
used for cooling stored food shall not be used for human
consumption. Food shall be served in an individual-meal type of
container and handed to the customer. Food items shall not be
transported for sale at any other location or sold, held, or reused
at another event.
(f) A convenient handwashing facility shall be available for
employee handwashing. This facility shall consist of, at least,
running water and individual paper towels.
(g) This Code section shall in no way be construed to allow the sale
of food items which have been packaged, bottled, or canned in
(h) County boards of health are authorized to provide staff
assistance to organizations at events covered under this article for
the purpose of providing food safety instruction.