[§328-12.7]  Display of unpackaged processed
food.  (a) Unpackaged processed food, except potentially hazardous food,
may be displayed and sold in bulk in self-service containers if all of the
following conditions are satisfied:



(1)  Each self-service container has a tight-fitting
lid permanently attached in a manner that prevents the lid from touching the
floor, which is kept in a closed position at all times except during customer
service;



(2)  Each self-service container has a utensil with a
handle for dispensing the food;



(3)  Self-service containers, lids, and utensils are
constructed of nontoxic materials and provide for easy cleaning and repair;



(4)  Self-service containers, lids, and utensils are
maintained in a sanitary condition and in a manner that prevents spoilage and
infestation;



(5)  A sign is posted prominently and conspicuously
within the immediate display area directing customers to utilize the utensils
provided when serving themselves; and



(6)  A label is conspicuously displayed in plain view
of the customer and securely attached to each self-service container or in a
clear relationship thereto, which contains the following:



(A)  Common name of product; and



(B)  Declaration of each ingredient used in the
manufacture by their common or usual name in descending order of predominate
weight.  This declaration shall be provided in writing to the food
establishment by the manufacturer, packer, or distributor.



(b)  Unpackaged processed food may be displayed
and sold in bulk in other than self-service containers if all of the following
conditions are satisfied:



(1)  The food is served by an employee of the food
establishment directly to a consumer; and



(2)  The food is displayed in clean, sanitary, and
covered or otherwise protected containers.



(c)  If the director makes a specific finding
that a disease is actually transmitted by the method of dispensing unpackaged
processed food, as prescribed by this section, the director may establish by
rule greater restrictions on the sale of such food than are required by this
section.  Such rule shall bear directly on the specific relationship between
the disease actually transmitted and the dispensing methods permitted by this
section. [L 1983, c 150, pt of §1]