Special Event Regulations

Temporary Food Establishment Requirements

Saturday, June 2, 2012 8:00 am - 4:00 pm

Oklahoma State Department of Health, Consumer Protection Division
Temporary Food Establishment Requirements

Updated November 1, 2011

All temporary food establishments that are not exempt are required to buy an Oklahoma State Department of Health temporary license, and follow the requirements below. Temporary Licenses are $30.00 for the first three (3) days and $15.00 per day after three (3) days for the duration of the event. If claiming exemptions, written proof of non-profit status from the Oklahoma Tax Commission or IRS must be provided.

A license is not required for a non-profit civic, charitable or religious organization, using non-paid persons to prepare or serve food on its behalf, for occasional fund-raising events sponsored and conducted by the organization primarily for benevolent purposes. A license shall not be required if a similar organization, using non-paid persons, sells packaged non-potentially hazardous foods from an approved source at events sponsored or conducted by other organizations. If a similar organization sells potentially hazardous foods, a fee exempt license and compliance with these requirements will be required.

Surface Characteristics [310:257-11-1(b)]:
(1)If graded to drain, a floor may be concrete, machine-laid asphalt, or dirt or gravel if it is covered with mats, removable platforms, duckboards, or other suitable approved materials that are effectively treated to control dust and mud; and (2) Walls and ceilings may be constructed of a material that protects the interior from the weather and windblown dust and debris.

Outer Openings Protected [310:257-11-15]:
…openings shall be protected against the entry of insects and rodents by: (1) 16 mesh to 25.4mm (16 mesh to 1 inch) screens; (2) Properly designed and installed air curtains to control flying insects; or (3) Other effective means.

Alternative Water Supply [310:257-9-11]:
Water meeting the requirements specified under OAC 310:257-9-1 through OAC 310:257-9-9 shall be made available for a temporary food service establishment without a permanent water supply…through: (1) A supply of containers of commercially bottled drinking water; (2) One or more closed portable water containers; (3) An enclosed vehicular water tank; (4) An on-premises water storage tank; or (5) Piping, tubing, or hoses connected to an adjacent approved source.

Approved Sewage Disposal [310:257-9-49], [310:257-9-52]:
Sewage shall be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated according to law.
Sewage shall be disposed through an approved facility that is: (1) A public sewage treatment plant; or (2) An individual sewage disposal system that is sized, constructed, maintained, and operated according to law.

Hand Washing Lavatory – Number and Capacity [310:257-9-18]:
Temporary establishments can meet the handwashing lavatory requirement by containing hot water in a not less than 5 gallon container equipped with a hands free operation spigot.

Warewashing and Single Service Equipment [310:257-7-51(a & b)], [310:257-7-79]:
(a) Except as specified in (c) or (f) of this Section, a sink with at least 3 compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils. (b) Sink compartments shall be large enough to accommodate immersion of the largest equipment and utensils. If equipment or utensils are too large for the warewashing sink, a warewashing machine or alternative equipment as specified in (c) of this Section shall be used. Manual warewashing sinks in mobile establishments, if required, shall be a minimum size of 80 square inches with each side at least eight (8) inches in length if a square or rectangular design or a diameter of ten (10) inches if circular in design. The sink compartments shall be a minimum of four (4) inches in depth. Seasonals and temporaries shall use single-use and single service articles.

Restroom Facilities [310:257-11-36]:
Toilet rooms shall be conveniently located and accessible to employees during all hours of operation.

Food preparation and storage: [310:257-5-1] thru [310:257-5-71].

310:257-5-2. Compliance with food law
a) Food shall be obtained from sources that comply with law. b) Food prepared in a private home may not be used or offered for human consumption in a food service establishment.

310:257-5-9. Temperature
Potentially hazardous food shall be at a temperature of 5°C (41°F) or below when received. (d) Potentially hazardous food that is cooked to a temperature and for a time specified under OAC 310:257-5-46 through OAC 310:257-5-48 and received hot shall be at a temperature of 57°C (135°F) or above.

310:257-5-27. Washing fruits and vegetables
(a) Raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to eat form except as specified in (b) of this Section and except that whole, raw fruits and vegetables that are intended for washing by the consumer before consumption need not be washed before they are sold.

310:257-5-28. Ice used as exterior coolant, prohibited as ingredient
After use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment, ice may not be used as food. This regulation does not apply to conductor plates or cold plates used in soft-drink dispensing machines in a temporary food service establishment.

310:257-5-29. Storage or display of food in contact with water or ice
(a) Packaged food may not be stored in direct contact with undrained ice or water.

310:257-5-37. Food storage
(a) Except as specified in (b) and (c) of this Section, food shall be protected from contamination by storing the food: (1) In a clean, dry location; (2) Where it is not exposed to splash, dust, or other contamination; and (3) At least 15 cm (6 inches) above the floor.

310:257-5-40. Food preparation
During preparation, unpackaged food shall be protected from environmental sources of contamination. Pushcarts preparing unpackaged food shall be shielded on three sides.

310:257-5-42. Condiments, protection
(a) Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or individual packages or portions.

310:257-5-52. Reheating for hot holding
(a) Except as specified under (b) and (c) and in (e) of this Section, potentially hazardous food that is cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the food reach a temperature of at least 74°C (165°F) for 15 seconds. (d) Reheating for hot holding shall be done rapidly and the time the food is between the temperature of 5ºC (41ºF) and 74°C (165°F) may not exceed 2 hours.

310:257-5-54. Frozen food
Stored frozen foods shall be maintained frozen.

310:257-5-57. Cooling
(a) Cooked potentially hazardous food shall be cooled: (1) Within 2 hours from 57°C (135°F) to 21°C (70°F); and (2) Within 6 hours from 57°C (135°F) to 5°C (41°F) or less.

All temporary food establishments are required to obtain an Oklahoma State Department of Health License.
Fee payment of $30 for 3 days and $15 for each additional day is required at time of inspection. The license is good only for one vendor, at the event and address at which the license is issued.

While this sheet is designed to serve as a guide only, it is not all inclusive of the Oklahoma Food Service Establishment Regulations.
For a full copy of the Chapter 257 Food Service Regulations visit http://www.health.ok.gov/, or your local Health Department.

• Screened in enclosure with nonpermeable roof, and flooring for food prep and service area

• 3 compartment dishwashing area that is large enough to submerge ½ of the largest utensil in use

• 5 gallons of hot water in container with hands free spigot, for handwashing for each area

• Bucket to catch handwashing water

• Hand soap

• Dish soap

• Paper towels

• Sanitizer

• Chemical Test Strips for sanitizer

• Stem type thermometer with sensor in the tip

• Adequate hot and cold holding equipment

• Adequate water Supply

• Non-profit ID

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