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

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

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

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

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

(5)  A sign is posted prominently and conspicuouslywithin the immediate display area directing customers to utilize the utensilsprovided when serving themselves; and

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

(A)  Common name of product; and

(B)  Declaration of each ingredient used in themanufacture by their common or usual name in descending order of predominateweight.  This declaration shall be provided in writing to the foodestablishment by the manufacturer, packer, or distributor.

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

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

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

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