§81.41 Dispensing devices used to dispense food; construction, cleanliness, refrigeration,

safety.

1. No person shall employ a food vending machine for the sale of packaged food or beverages in

closed bottles or containers unless:

(1) the machine is designed and constructed to allow effective cleaning and maintenance and

to remain free from insect and rodent harborages and other nuisances;

(2) the machine is designed and constructed so as not to become a hazard to children or others

while in use or under foreseeable conditions of abuse;

(3) potentially hazardous foods shall be kept at or below 41 degrees Fahrenheit (5 degrees

Celsius) or at or above 140 degrees Fahrenheit (60 degrees Celsius);

(4) the machine and the surrounding area are kept clean and sanitary.

1. No person shall employ a food vending machine for the sale of unpackaged food or for the

sale of beverages other than in closed bottles or containers unless the requirements of subsection

2. of this section are met and, in addition, the device is free from lead, cadmium or any other

substance which may be so affected by the food or beverage as to form dangerous or deleterious

compounds, or as to render food or beverage which comes into contact with such substance

unwholesome or detrimental to health, or to impart odor, color or taste to the food. When the food

vending machine is connected to a water supply system, it shall be designed and constructed to

prevent contamination of the water supply system. Devices which dispense carbonated beverages

shall be equipped with an air gap at the water inlet, or a protective device to vent any leaking

carbon dioxide to the atmosphere, or any other protective device approved by the Department

which will provide positive protection against the entrance of carbon dioxide or carbonated water

into the water supply system. The water supply contact surfaces in devices which dispense

carbonated beverages, from the protective device downstream including the protective device

itself, shall not have any copper or copper-lined components in contact with the water supply or

the beverage and its other components including any ice making and dispensing apparatus.

3. There shall be provided in the immediate vicinity of all coin-operated or other mechanical

dispensing devices, receptacles for the disposal of food or beverage containers.

4. Potentially hazardous food shall be dispensed in individual, original containers or wrappers in

which it was packaged at the food vending machine commissary or non-retail food processing

establishment. Potentially hazardous food shall not be dispensed from bulk supplies.

5. All food, other than fresh fruit, shall be stored or packaged in clean protective containers, or

dispensed into clean single-use containers, and all food shall be prepared and vended in a sanitary

manner and shall in all respects comply with the provisions of this Article.