[Title 21 CFR 1250]
[Code of Federal Regulations (annual edition) - April 1, 1999 Edition]
[Title 21 - FOOD AND DRUGS]
[Chapter I - FOOD AND DRUG ADMINISTRATION,]
[Subchapter L - REGULATIONS UNDER CERTAIN OTHER ACTS ADMINISTERED BY THE]
[Part 1250 - INTERSTATE CONVEYANCE SANITATION]
[From the U.S. Government Printing Office]


21FOOD AND DRUGS81999-04-011999-04-01falseINTERSTATE CONVEYANCE SANITATION1250PART 1250FOOD AND DRUGSFOOD AND DRUG ADMINISTRATION,REGULATIONS UNDER CERTAIN OTHER ACTS ADMINISTERED BY THE
PART 1250--INTERSTATE CONVEYANCE SANITATION--Table of Contents




                      Subpart A--General Provisions

Sec.
1250.3  Definitions.

  Subpart B--Food Service Sanitation on Land and Air Conveyances, and 
                                 Vessels

1250.20  Applicability.
1250.21  Inspection.
1250.22  General requirements.
1250.25  Source identification and inspection of food and drink.
1250.26  Special food requirements.
1250.27  Storage of perishables.
1250.28  Source and handling of ice.
1250.30  Construction, maintenance and use of places where food is 
          prepared, served, or stored.
1250.32  Food-handling operations.
1250.33  Utensils and equipment.
1250.34  Refrigeration equipment.
1250.35  Health of persons handling food.
1250.38  Toilet and lavatory facilities for use of food-handling 
          employees.
1250.39  Garbage equipment and disposition.

     Subpart C--Equipment and Operation of Land and Air Conveyances

1250.40  Applicability.
1250.41  Submittal of construction plans.
1250.42  Water systems; constant temperature bottles.
1250.43  Ice.
1250.44  Drinking utensils and toilet articles.
1250.45  Food handling facilities on railroad conveyances.
1250.49  Cleanliness of conveyances.
1250.50  Toilet and lavatory facilities.
1250.51  Railroad conveyances; discharge of wastes.
1250.52  Discharge of wastes on highway conveyances.
1250.53  Discharge of wastes on air conveyances.

         Subpart D--Servicing Areas for Land and Air Conveyances

1250.60  Applicability.
1250.61  Inspection and approval.
1250.62  Submittal of construction plans.
1250.63  General requirements.
1250.65  Drainage.
1250.67  Watering equipment.
1250.70  Employee conveniences.
1250.75  Disposal of human wastes.
1250.79  Garbage disposal.

       Subpart E--Sanitation Facilities and Conditions on Vessels

1250.80  Applicability.
1250.81  Inspection.
1250.82  Potable water systems.
1250.83  Storage of water prior to treatment.
1250.84  Water in galleys and medical care spaces.
1250.85  Drinking fountains and coolers; ice; constant temperature 
          bottles.
1250.86  Water for making ice.
1250.87  Wash water.
1250.89  Swimming pools.
1250.90  Toilets and lavatories.
1250.93  Discharge of wastes.
1250.95  Insect control.
1250.96  Rodent control.

    Authority: 42 U.S.C. 216, 243, 264, 271.

    Cross References: For Department of Health and Human Services 
regulations relating to foreign quarantine and control of communicable 
diseases, see Centers for Disease Control's requirements as set forth in 
42 CFR parts 71 and 72.

    Source: 40 FR 5624, Feb. 6, 1975, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 1250.3  Definitions.

    As used in this part, terms shall have the following meaning:
    (a) Bactericidal treatment. The application of a method or substance 
for the destruction of pathogens and other organisms as set forth in 
Sec. 1240.10 of this chapter.
    (b) Communicable diseases. Illnesses due to infectious agents or 
their toxic products, which may be transmitted from a reservoir to a 
susceptible host either directly as from an infected person or animal or 
indirectly through the agency of an intermediate plant or animal host, 
vector, or the inanimate environment.
    (c) Communicable period. The period or periods during which the 
etiologic agent may be transferred directly or indirectly from the body 
of the infected person or animal to the body of another.
    (d) Contamination. The presence of a certain amount of undesirable 
substance or material, which may contain pathogenic microorganisms.
    (e) Conveyance. Conveyance means any land or air carrier, or any 
vessel as defined in paragraph (m) of this section.
    (f) Existing vessel. Any vessel the construction of which was 
started prior to

[[Page 643]]

the effective date of the regulations in this part.
    (g) Garbage. (1) The solid animal and vegetable waste, together with 
the natural moisture content, resulting from the handling, preparation, 
or consumption of foods in houses, restaurants, hotels, kitchens, and 
similar establishments, or (2) any other food waste containing pork.
    (h) Interstate traffic. (1) The movement of any conveyance or the 
transportation of persons or property, including any portion of such 
movement or transportation which is entirely within a State or 
possession, (i) from a point of origin in any State or possession to a 
point of destination in any other State or possession, or (ii) between a 
point of origin and a point of destination in the same State or 
possession but through any other State, possession, or contiguous 
foreign country.
    (2) Interstate traffic does not include the following:
    (i) The movement of any conveyance which is solely for the purpose 
of unloading persons or property transported from a foreign country, or 
loading persons or property for transportation to a foreign country.
    (ii) The movement of any conveyance which is solely for the purpose 
of effecting its repair, reconstruction, rehabilitation, or storage.
    (i) Possession. Any of the possessions of the United States, 
including Puerto Rico and the Virgin Islands.
    (j) Potable water. Water which meets the standards prescribed in the 
Environmental Protection Agency's Primary Drinking Water Regulations as 
set forth in 40 CFR part 141 and the Food and Drug Administration's 
sanitation regulations as set forth in this part and part 1240 of this 
chapter.
    (k) State. Any State, the District of Columbia, Puerto Rico and the 
Virgin Islands.
    (l) Utensil. Includes any kitchenware, tableware, glassware, 
cutlery, containers, or equipment with which food or drink comes in 
contact during storage, preparation, or serving.
    (m) Vessel. Any passenger-carrying, cargo, or towing vessel 
exclusive of:
    (1) Fishing boats including those used for shell-fishing;
    (2) Tugs which operate only locally in specific harbors and adjacent 
waters;
    (3) Barges without means of self-propulsion;
    (4) Construction-equipment boats and dredges; and
    (5) Sand and gravel dredging and handling boats.
    (n) Wash water. Water suitable for domestic uses other than for 
drinking and culinary purposes, and medical care purposes excluding 
hydrotherapy.
    (o) Shellfish. Any fresh, frozen, or incompletely cooked oysters, 
clams, or mussels, either shucked or in the shell, and any fresh, 
frozen, or incompletely cooked edible products thereof.

[40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983]



  Subpart B--Food Service Sanitation on Land and Air Conveyances, and 
                                 Vessels



Sec. 1250.20  Applicability.

    All conveyances engaged in interstate traffic shall comply with the 
requirements prescribed in this subpart and Sec. 1240.20 of this 
chapter.



Sec. 1250.21  Inspection.

    The Commissioner of Food and Drugs may inspect such conveyance to 
determine compliance with the requirements of this subpart and 
Sec. 1240.20 of this chapter.

[40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983]



Sec. 1250.22  General requirements.

    All food and drink served on conveyances shall be clean, wholesome, 
and free from spoilage, and shall be prepared, stored, handled, and 
served in accordance with the requirements prescribed in this subpart 
and Sec. 1240.20 of this chapter.



Sec. 1250.25  Source identification and inspection of food and drink.

    (a) Operators of conveyances shall identify, when requested by the 
Commissioner of Food and Drugs, the vendors, distributors or dealers 
from whom they have acquired or are acquiring their food supply, 
including milk, fluid milk products, ice cream and other frozen 
desserts, butter,

[[Page 644]]

cheese, bottled water, sandwiches and box lunches.
    (b) The Commissioner of Food and Drugs may inspect any source of 
such food supply in order to determine whether the requirements of the 
regulations in this subpart and in Sec. 1240.20 of this chapter are 
being met, and may utilize the results of inspections of such sources 
made by representatives of State health departments or of the health 
authorities of contiguous foreign nations.

[40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983]



Sec. 1250.26  Special food requirements.

    Milk, fluid milk products, ice cream and other frozen desserts, 
butter, cheese, and shellfish served or sold on conveyances shall 
conform to the following requirements:
    (a) Milk and fluid milk products, including cream, buttermilk, skim 
milk, milk beverages, and reconstituted milk, shall be pasteurized and 
obtained from a source of supply approved by the Commissioner of Food 
and Drugs. The Commissioner of Food and Drugs shall approve any source 
of supply at or from which milk or fluid milk products are produced, 
processed, and distributed so as to prevent the introduction, 
transmission, or spread of communicable diseases. If a source of supply 
of milk or fluid milk products has not been approved, the Commissioner 
of Food and Drugs may permit its temporary use under such conditions as, 
in his judgment, are necessary to prevent the introduction, 
transmission, or spread of communicable diseases. Containers of milk and 
fluid milk products shall be plainly labeled to show the contents, the 
word ``pasteurized'', and the identity of the plant at which the 
contents were packaged by name and address, provided that a code may be 
used in lieu of address.
    (b) Ice cream, other frozen desserts, and butter shall be 
manufactured from milk or milk products that have been pasteurized or 
subjected to equivalent heat treatment.
    (c) Cheese shall be (1) pasteurized or subjected to equivalent heat 
treatment, (2) made from pasteurized milk products or from milk products 
which have been subjected to equivalent heat treatment, or (3) cured for 
not less than 60 days at a temperature not less than 35  deg.F.
    (d) Milk, buttermilk, and milk beverages shall be served in or from 
the original individual containers in which received from the 
distributor, or from a bulk container equipped with a dispensing device 
so designed, constructed, installed, and maintained as to prevent the 
transmission of communicable diseases.
    (e) Shellfish purchased for consumption on any conveyance shall 
originate from a dealer currently listed by the Public Health Service as 
holding an unexpired and unrevoked certificate issued by a State 
authority.
    (f) Shucked shellfish shall be purchased in the containers in which 
they are placed at the shucking plant and shall be kept therein until 
used. The State abbreviation and the certificate number of the packers 
shall be permanently recorded on the container.

[40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983]



Sec. 1250.27  Storage of perishables.

    All perishable food or drink shall be kept at or below 50  deg.F, 
except when being prepared or kept hot for serving.



Sec. 1250.28  Source and handling of ice.

    Ice coming in contact with food or drink and not manufactured on the 
conveyance shall be obtained from sources approved by competent health 
authorities. All ice coming in contact with food or drink shall be 
stored and handled in such manner as to avoid contamination.



Sec. 1250.30  Construction, maintenance and use of places where food is prepared, served, or stored.

    (a) All kitchens, galleys, pantries, and other places where food is 
prepared, served, or stored shall be adequately lighted and ventilated: 
Provided, however, That ventilation of cold storage rooms shall not be 
required. All such places where food is prepared, served, or stored 
shall be so constructed and maintained as to be clean and free from 
flies, rodents, and other vermin.
    (b) Such places shall not be used for sleeping or living quarters.

[[Page 645]]

    (c) Water of satisfactory sanitary quality, under head or pressure, 
and adequate in amount and temperature, shall be easily accessible to 
all rooms in which food is prepared and utensils are cleaned.
    (d) All plumbing shall be so designed, installed, and maintained as 
to prevent contamination of the water supply, food, and food utensils.



Sec. 1250.32  Food-handling operations.

    (a) All food-handling operations shall be accomplished so as to 
minimize the possibility of contaminating food, drink, or utensils.
    (b) The hands of all persons shall be kept clean while engaged in 
handling food, drink, utensils, or equipment.



Sec. 1250.33  Utensils and equipment.

    (a) All utensils and working surfaces used in connection with the 
preparation, storage, and serving of food or beverages, and the cleaning 
of food utensils, shall be so constructed as to be easily cleaned and 
self-draining and shall be maintained in good repair. Adequate 
facilities shall be provided for the cleaning and bactericidal treatment 
of all multiuse eating and drinking utensils and equipment used in the 
preparation of food and beverages. An indicating thermometer, suitably 
located, shall be provided to permit the determination of the hot water 
temperature when and where hot water is used as the bactericidal agent.
    (b) All multiuse eating and drinking utensils shall be thoroughly 
cleaned in warm water and subjected to an effective bactericidal 
treatment after each use. All other utensils that come in contact with 
food and drink shall be similarly treated immediately following the 
day's operation. All equipment shall be kept clean.
    (c) After bactericidal treatment, utensils shall be stored and 
handled in such manner as to prevent contamination before reuse.



Sec. 1250.34  Refrigeration equipment.

    Each refrigerator shall be equipped with a thermometer located in 
the warmest portion thereof. Waste water drains from ice boxes, 
refrigerating equipment, and refrigerated spaces shall be so installed 
as to prevent backflow of contaminating liquids.



Sec. 1250.35  Health of persons handling food.

    (a) Any person who is known or suspected to be in a communicable 
period or a carrier of any communicable disease shall not be permitted 
to engage in the preparation, handling, or serving of water, other 
beverages, or food.
    (b) Any person known or suspected to be suffering from 
gastrointestinal disturbance or who has on the exposed portion of the 
body an open lesion or an infected wound shall not be permitted to 
engage in the preparation, handling, or serving of food or beverages.



Sec. 1250.38  Toilet and lavatory facilities for use of food-handling employees.

    (a) Toilet and lavatory facilities of suitable design and 
construction shall be provided for use of food-handling employees. 
Railroad dining car crew lavatory facilities are regulated under 
Sec. 1250.45.
    (b) Signs directing food-handling employees to wash their hands 
after each use of toilet facilities shall be posted so as to be readily 
observable by such employees. Hand washing facilities shall include 
soap, sanitary towels and hot and cold running water or warm running 
water in lieu of hot and cold running water.
    (c) All toilet rooms shall be maintained in a clean condition.



Sec. 1250.39  Garbage equipment and disposition.

    Watertight, readily cleanable nonabsorbent containers with close-
fitting covers shall be used to receive and store garbage. Garbage and 
refuse shall be disposed of as frequently as is necessary and 
practicable.



     Subpart C--Equipment and Operation of Land and Air Conveyances



Sec. 1250.40  Applicability.

    The sanitary equipment and facilities on land and air conveyances 
engaged in interstate traffic and the use of such equipment and 
facilities shall comply

[[Page 646]]

with the requirements prescribed in this subpart.



Sec. 1250.41  Submittal of construction plans.

    Plans for the construction or major reconstruction of sanitary 
equipment or facilities for such conveyances shall be submitted to the 
Commissioner of Food and Drugs for review of the conformity of such 
plans with the requirements of this subpart, except that submittal of 
plans shall not be required for any conveyance under reconstruction if 
the owner or operator thereof has made arrangements satisfactory to the 
Commissioner of Food and Drugs for inspections of such conveyances while 
under reconstruction for the purpose of determining conformity with 
those requirements.

[40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983]



Sec. 1250.42  Water systems; constant temperature bottles.

    (a) The water system, whether of the pressure or gravity type, shall 
be complete and closed from the filling ends to the discharge taps, 
except for protected vent openings. The water system shall be protected 
against backflow.
    (b) Filling pipes or connections through which water tanks are 
supplied shall be provided on both sides of all new railway conveyances 
and on existing conveyances when they undergo heavy repairs. All filling 
connections shall be easily cleanable and so located and protected as to 
minimize the hazard of contamination of the water supply.
    (c) On all new or reconstructed conveyances, water coolers shall be 
an integral part of the closed system.
    (d) Water filters if used on dining cars and other conveyances will 
be permitted only if they are so operated and maintained at all times as 
to prevent contamination of the water.
    (e) Constant temperature bottles and other containers used for 
storing or dispensing potable water shall be kept clean at all times and 
shall be subjected to effective bactericidal treatment as often as may 
be necessary to prevent the contamination of water so stored and 
dispensed.



Sec. 1250.43  Ice.

    Ice shall not be permitted to come in contact with water in coolers 
or constant temperature bottles.



Sec. 1250.44  Drinking utensils and toilet articles.

    (a) No cup, glass, or other drinking utensil which may be used by 
more than one person shall be provided on any conveyance unless such 
cup, glass, or drinking utensil shall have been thoroughly cleaned and 
subjected to effective bactericidal treatment after each individual use.
    (b) Towels, combs, or brushes for common use shall not be provided.



Sec. 1250.45  Food handling facilities on railroad conveyances.

    (a) Both kitchens and pantries of cars hereafter constructed or 
reconstructed shall be equipped with double sinks, one of which shall be 
of sufficient size and depth to permit complete immersion of a basket of 
dishes during bactericidal treatment; in the pantry a dishwashing 
machine may be substituted for the double sinks. If chemicals are used 
for bactericidal treatment, 3-compartment sinks shall be provided.
    (b) A sink shall be provided for washing and handling cracked ice 
used in food or drink and shall be used for no other purpose.
    (c) Lavatory facilities for the use of the dining car crew shall be 
provided on each dining car. Such facilities shall be conveniently 
located and used for hand and face washing only: Provided, however, That 
where the kitchen and pantry on a dining car hereafter constructed or 
reconstructed are so partitioned or separated as to impede free passage 
between them lavatory facilities shall be provided in both the kitchen 
and the pantry.
    (d) Wherever toilet and lavatory facilities required by paragraph 
(c) of this section are not on the dining car, a lavatory shall be 
provided on the dining car for the use of employees. The lavatory shall 
be conveniently located and used only for the purpose for which it is 
installed.

[[Page 647]]



Sec. 1250.49  Cleanliness of conveyances.

    Conveyances while in transit shall be kept clean and free of flies 
and mosquitoes. A conveyance which becomes infected with vermin shall be 
placed out of service until such time as it shall have been effectively 
treated for the destruction of the vermin.



Sec. 1250.50  Toilet and lavatory facilities.

    Where toilet and lavatory facilities are provided on conveyances 
they shall be so designed as to permit ready cleaning. On conveyances 
not equipped with retention facilities, toilet hoppers shall be of such 
design and so located as to prevent spattering of water filling pipes or 
hydrants.



Sec. 1250.51  Railroad conveyances; discharge of wastes.

    (a) New railroad conveyances. Human wastes, garbage, waste water, or 
other polluting materials shall not be discharged from any new railroad 
conveyance except at servicing areas approved by the Commissioner of 
Food and Drugs. In lieu of retention pending discharge at approved 
servicing areas, human wastes, garbage, waste water, or other polluting 
materials that have been suitably treated to prevent the spread of 
communicable diseases may be discharged from such conveyances, except at 
stations. For the purposes of this section, ``new railroad conveyance'' 
means any such conveyance placed into service for the first time after 
July 1, 1972, and the terms ``waste water or other polluting materials'' 
do not include drainage of drinking water taps or lavatory facilities.
    (b) Nonnew railroad conveyances. Human wastes, garbage, waste water, 
or other polluting materials shall not be discharged from any railroad 
conveyance, other than passenger conveyances for which an extension has 
been granted pursuant to paragraph (f) of this section, after December 
31, 1977, except at servicing areas approved by the Commissioner of Food 
and Drugs. In lieu of retention pending discharge at approved servicing 
areas, human wastes, garbage, waste water, or other polluting materials 
that have been suitably treated to prevent the spread of communicable 
diseases may be discharged from such conveyances, except at stations. 
The terms ``waste water or other polluting materials'' do not include 
drainage of drinking water taps or lavatory facilities.
    (c) Toilets. When railroad conveyances, occupied or open to 
occupancy by travelers, are at a station or servicing area, toilets 
shall be kept locked unless means are provided to prevent contamination 
of the area or station.
    (d) Submission of annual report. Each railroad company shall submit 
to the Center for Food Safety and Applied Nutrition (HFS-627), Food and 
Drug Administration, 200 C St. SW., Washington, DC 20204, an annual 
report of accomplishments made in modifying conveyances to achieve 
compliance with paragraph (b) of this section. Annual reports shall be 
required until a report is submitted showing that 100 percent of the 
company's conveyances can comply with the requirements of paragraph (b) 
of this section; annual reports shall be required subsequent to such 
report if conveyances not capable of complying with the requirements of 
paragraph (b) of this section are acquired. Every railroad company shall 
have not less than 10 percent of its nonpassenger conveyances that are 
in operation capable of complying with the requirements of paragraph (b) 
of this section by December 31, 1974, not less than 40 percent by 
December 31, 1975, and not less than 70 percent by December 31, 1976. 
All conveyances, other than passenger conveyances for which an extension 
has been granted pursuant to paragraph (f) of this section, in operation 
after December 31, 1977, shall be capable of complying with paragraph 
(b) of this section.
    (e) Requirements of annual report. Annual reports required by 
paragraph (d) of this section shall be submitted within 60 days of the 
end of each calendar year. Each report shall contain at least the 
following information:
    (1) Company name and address.
    (2) Name, title, and address of the company's chief operating 
official.
    (3) Name, title, address, and telephone number of the person 
designated by the company to be directly responsible for compliance with 
this section.
    (4) A statement that all new railroad conveyances placed into 
service after

[[Page 648]]

July 1, 1972 meet the requirements of this section.
    (5) A complete, factual, narrative statement explaining why 
retrofitting of noncomplying nonnew conveyances is incomplete, if it is 
incomplete.
    (6) A statement of the percentage of conveyances retrofitted with 
waste discharge facilities in compliance with this section as of the 
reporting date and the percentage expected to be completed by December 
31st of the following year.
    (7) A tabular report with the following vertical columns: equipment 
type, e.g., locomotive, caboose, passenger car, and any others having 
toilets; number of toilets per conveyance; number of each equipment type 
in operation; and number of each to be retrofitted by December 31st of 
each year until 100 percent compliance with this section is achieved.
    (f) Variances and extensions--(1) Variances. Upon application by a 
railroad company, the Director, Center for Food Safety and Applied 
Nutrition, may grant a variance from the compliance schedule prescribed 
in paragraph (d) of this section for nonpassenger conveyances when the 
requested variance is required to prevent substantial disruption of the 
railroad company's operations. Such variance shall not affect the final 
deadline of compliance established in paragraph (d) of this section.
    (2) Extensions. Upon application by a railroad company, the 
Director, Center for Food Safety and Applied Nutrition, may grant an 
extension of time for compliance with the requirements of paragraph (b) 
of this section beyond December 31, 1977, for passenger conveyances 
operated by railroad companies when compliance cannot be achieved 
without substantial disruption of the railroad company's operations.
    (3) Application for variance or extension. Application for variances 
or extensions shall be submitted to the Food and Drug Administration, 
Center for Food Safety and Applied Nutrition, Manager, Interstate Travel 
Sanitation Sub-Program, HFF-312, 200 C St., SW., Washington, DC 20204, 
and shall include the following information:
    (i) A detailed description of the proposed deviation from the 
requirements of paragraphs (b) or (d) of this section.
    (ii) A report, current to the date of the request for a variance or 
extension, containing the information required by paragraph (e) of this 
section.
    (4) Administration of variances and extensions. (i) Written 
notification of the granting or refusal of a variance or extension will 
be provided to the applying railroad company by the Director, Center for 
Food Safety and Applied Nutrition. The notification of a granted 
variance will state the approved deviation from the compliance schedule 
provided for in paragraph (d) of this section. The notification of a 
granted extension will state the final date for compliance with the 
provisions of paragraph (b) of this section.
    (ii) A public file of requested variances and extensions, their 
disposition, and information relating to pending actions will be 
maintained in the Dockets Management Branch, rm. 1-23, 12420 Parklawn 
Dr., Rockville, MD 20857.
    (iii) After notice to the railroad company and opportunity for 
hearing in accordance with part 16 of this chapter, a variance or 
extension may be withdrawn prior to its scheduled termination if the 
Director, Center for Food Safety and Applied Nutrition, determines that 
such withdrawal is necessary to protect the public health.

    Cross Reference: For statutory exemptions for ``intercity rail 
passenger service,'' see section 306(i) of 45 U.S.C. 546(i).

[40 FR 5624, Feb. 6, 1975, as amended at 40 FR 30110, July 17, 1975; 46 
FR 8461, Jan. 27, 1981; 48 FR 11432, Mar. 18, 1983; 54 FR 24900, June 
12, 1989; 59 FR 14366, Mar. 28, 1994; 61 FR 14481, Apr. 2, 1996]

    Effective Date Note: For a document staying the effectiveness of 
Sec. 1250.51 (b) and (d), see 42 FR 57122, Nov. 1, 1977.



Sec. 1250.52  Discharge of wastes on highway conveyances.

    There shall be no discharge of excrement, garbage, or waste water 
from a highway conveyance except at servicing areas approved by the 
Commissioner of Food and Drugs.

[40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983]

[[Page 649]]



Sec. 1250.53  Discharge of wastes on air conveyances.

    There shall be no discharge of excrement or garbage from any air 
conveyance except at servicing areas approved by the Commissioner of 
Food and Drugs.

[40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983]



         Subpart D--Servicing Areas for Land and Air Conveyances



Sec. 1250.60  Applicability.

    Land and air conveyances engaged in interstate traffic shall use 
only such servicing areas within the United States as have been approved 
by the Commissioner of Food and Drugs as being in compliance with the 
requirements prescribed in this subpart.

[40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983]



Sec. 1250.61  Inspection and approval.

    The Commissioner of Food and Drugs may inspect any such areas to 
determine whether they shall be approved. He may base his approval or 
disapproval on investigations made by representatives of State 
departments of health.

[40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983]



Sec. 1250.62  Submittal of construction plans.

    Plans for construction or major reconstruction of sanitation 
facilities at servicing areas shall be submitted to the Commissioner of 
Food and Drugs for review of the conformity of the proposed facilities 
with the requirements of this subpart.

[40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983]



Sec. 1250.63  General requirements.

    Servicing areas shall be provided with all necessary sanitary 
facilities so operated and maintained as to prevent the spread of 
communicable diseases.



Sec. 1250.65  Drainage.

    All platforms and other places at which water or food supplies are 
loaded onto or removed from conveyances shall be adequately drained so 
as to prevent pooling.



Sec. 1250.67  Watering equipment.

    (a) General requirements. All servicing area piping systems, 
hydrants, taps, faucets, hoses, buckets, and other appurtenances 
necessary for delivery of drinking and culinary water to a conveyance 
shall be designed, constructed, maintained and operated in such a manner 
as to prevent contamination of the water.
    (b) Outlets for nonpotable water. Outlets for nonpotable water shall 
be provided with fittings different from those provided for outlets for 
potable water and each nonpotable water outlet shall be posted with 
permanent signs warning that the water is unfit for drinking.
    (c) Ice. If bulk ice is used for the cooling of drinking water or 
other beverages, or for food preservation purposes, equipment 
constructed so as not to become a factor in the transmission of 
communicable diseases shall be provided for the storage, washing, 
handling, and delivery to conveyances of such bulk ice, and such 
equipment shall be used for no other purposes.



Sec. 1250.70  Employee conveniences.

    (a) There shall be adequate toilet, washroom, locker, and other 
essential sanitary facilities readily accessible for use of employees 
adjacent to places or areas where land and air conveyances are serviced, 
maintained, and cleaned. These facilities shall be maintained in a clean 
and sanitary condition at all times.
    (b) In the case of diners not in a train but with a crew on board, 
adequate toilet facilities shall be available to the crew within a 
reasonable distance but not exceeding 500 feet of such diners.
    (c) Drinking fountains and coolers shall be constructed of 
impervious, nonoxidizing material, and shall be so designed and 
constructed as to be easily cleaned. The jet of a drinking fountain 
shall be slanting and the orifice of the jet shall be protected by a 
guard in such a manner as to prevent contamination thereof by droppings 
from the mouth. The orifice of such a jet shall be located a sufficient 
distance above the rim of the basin to prevent backflow.

[[Page 650]]



Sec. 1250.75  Disposal of human wastes.

    (a) At servicing areas and at stations where land and air 
conveyances are occupied by passengers the operations shall be so 
conducted as to avoid contamination of such areas and stations by human 
wastes.
    (b) Toilet wastes shall be disposed of through sanitary sewers or by 
other methods assuring sanitary disposal of such wastes. All soil cans 
and removable containers shall be thoroughly cleaned before being 
returned to use. Equipment for cleaning such containers and for flushing 
nonremovable containers and waste carts shall be so designed as to 
prevent backflow into the water line, and such equipment shall be used 
for no purpose connected with the handling of food, water or ice.
    (c) All persons who have handled soil cans or other containers which 
have come in contact with human wastes shall be required to wash their 
hands thoroughly with soap and warm water and to remove any garments 
which have become soiled with such wastes before engaging in any work 
connected with the loading, unloading, transporting or other handling of 
food, water or ice.



Sec. 1250.79  Garbage disposal.

    (a) Water-tight, readily cleanable, nonabsorbent containers with 
close-fitting covers shall be used to receive and store garbage.
    (b) Can washing and draining facilities shall be provided.
    (c) Garbage cans shall be emptied daily and shall be thoroughly 
washed before being returned for use.



       Subpart E--Sanitation Facilities and Conditions on Vessels



Sec. 1250.80  Applicability.

    The sanitation facilities and the sanitary conditions on vessels 
engaged in interstate traffic shall comply with the requirements 
prescribed in this subpart, provided that no major structural change 
will be required on existing vessels.



Sec. 1250.81  Inspection.

    The Commissioner of Food and Drugs may inspect such vessels to 
determine compliance with the requirements of this subpart.

[40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983]



Sec. 1250.82  Potable water systems.

    The following conditions must be met by vessel water systems used 
for the storage and distribution of water which has met the requirements 
of Sec. 1240.80 of this chapter.
    (a) The potable water system, including filling hose and lines, 
pumps, tanks, and distributing pipes, shall be separate and distinct 
from other water systems and shall be used for no other purposes.
    (b) All potable water tanks shall be independent of any tanks 
holding nonpotable water or other liquid. All potable water tanks shall 
be independent of the shell of the ship unless (1) the bottom of the 
tank is at least 2 feet above the maximum load water line, (2) the seams 
in the shell are continuously welded, and (3) there are no rivets in 
that part of the shell which forms a side of a tank. A deck may be used 
as the top of a tank provided there are no access or inspection openings 
or rivets therein, and the seams are continuously welded. No toilet or 
urinal shall be installed immediately above that part of the deck which 
forms the top of a tank. All potable water tanks shall be located at a 
sufficient height above the bilge to allow for draining and to prevent 
submergence in bilge water.
    (c) Each potable water tank shall be provided with a means of 
drainage and, if it is equipped with a manhole, overflow, vent, or a 
device for measuring depth of water, provision shall be made to prevent 
entrance into the tank of any contaminating substance. No deck or 
sanitary drain or pipe carrying any nonpotable water or liquid shall be 
permitted to pass through the tank.
    (d) Tanks and piping shall bear clear marks of identification.
    (e) There shall be no backflow or cross connection between potable 
water systems and any other systems. Pipes and fittings conveying 
potable water to any fixture, apparatus, or equipment shall be installed 
in such way that backflow will be prevented. Waste pipes from any part 
of the potable water system, including treatment

[[Page 651]]

devices, discharging to a drain, shall be suitably protected against 
backflow.
    (f) Water systems shall be cleaned, disinfected, and flushed 
whenever the Commissioner of Food and Drugs shall find such treatment 
necessary to prevent the introduction, transmission, or spread of 
communicable diseases.

[40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983]



Sec. 1250.83  Storage of water prior to treatment.

    The following requirements with respect to the storage of water on 
vessels prior to treatment must be met in order to obtain approval of 
treatment facilities under Sec. 1240.90 of this chapter.
    (a) The tank, whether independent or formed by the skin of the ship, 
deck, tank top, or partitions common with other tanks, shall be free of 
apparent leakage.
    (b) No sanitary drain shall pass through the tank.
    (c) The tank shall be adequately protected against both the backflow 
and discharge into it of bilge or highly contaminated water.



Sec. 1250.84  Water in galleys and medical care spaces.

    (a) Potable water, hot and cold, shall be available in the galley 
and pantry except that, when potable water storage is inadequate, 
nonpotable water may be piped to the galley for deck washing and in 
connection with garbage disposal. Any tap discharging nonpotable water 
which is installed for deck washing purposes shall not be more than 18 
inches above the deck and shall be distinctly marked ``For deck washing 
only''.
    (b) In the case of existing vessels on which heat treated wash water 
has been used for the washing of utensils prior to the effective date of 
the regulations in this part, such water may continue to be so used 
provided controls are employed to insure the heating of all water to at 
least 170  deg.F before discharge from the heater.
    (c) Potable water, hot and cold, shall be available in medical care 
spaces for hand-washing and for medical care purposes excluding 
hydrotherapy.



Sec. 1250.85  Drinking fountains and coolers; ice; constant temperature bottles.

    (a) Drinking fountains and coolers shall be constructed of 
impervious, nonoxidizing material, and shall be so designed and 
constructed as to be easily cleaned. The jet of a drinking fountain 
shall be slanting and the orifice of the jet shall be protected by a 
guard in such a manner as to prevent contamination thereof by droppings 
from the mouth. The orifice of such a jet shall be located a sufficient 
distance above the rim of the basin to prevent backflow.
    (b) Ice shall not be permitted to come in contact with water in 
coolers or constant temperature bottles.
    (c) Constant temperature bottles and other containers used for 
storing or dispensing potable water shall be kept clean at all times and 
shall be subjected to effective bactericidal treatment after each 
occupancy of the space served and at intervals not exceeding one week.



Sec. 1250.86  Water for making ice.

    Only potable water shall be piped into a freezer for making ice for 
drinking and culinary purposes.



Sec. 1250.87  Wash water.

    Where systems installed on vessels for wash water, as defined in 
Sec. 1250.3(n), do not comply with the requirements of a potable water 
system, prescribed in Sec. 1250.82, they shall be constructed so as to 
minimize the possibility of the water therein being contaminated. The 
storage tanks shall comply with the requirements of Sec. 1250.83, and 
the distribution system shall not be cross connected to a system 
carrying water of a lower sanitary quality. All faucets shall be labeled 
``Unfit for drinking''.



Sec. 1250.89  Swimming pools.

    (a) Fill and draw swimming pools shall not be installed or used.
    (b) Swimming pools of the recirculation type shall be equipped so as 
to provide complete circulation, replacement, and filtration of the 
water in the pool every six hours or less. Suitable means of 
chlorination and, if necessary, other treatment of the water

[[Page 652]]

shall be provided to maintain the residual chlorine in the pool water at 
not less than 0.4 part per million and the pH (a measure of the hydrogen 
ion concentration) not less than 7.0.
    (c) Flowing-through types of salt water pools shall be so operated 
that complete circulation and replacement of the water in the pool will 
be effected every 6 hours or less. The water delivery pipe to the pool 
shall be independent of all other pipes and shall originate at a point 
where maximum flushing of the pump and pipe line is effected after 
leaving polluted waters.



Sec. 1250.90  Toilets and lavatories.

    Toilet and lavatory equipment and spaces shall be maintained in a 
clean condition.



Sec. 1250.93  Discharge of wastes.

    Vessels operating on fresh water lakes or rivers shall not discharge 
sewage, or ballast or bilge water, within such areas adjacent to 
domestic water intakes as are designated by the Commissioner of Food and 
Drugs.

    Cross Reference: For Environmental Protection Agency's regulations 
for vessel sanitary discharges as related to authority under the Federal 
Water Pollution Control Act, as amended (33 U.S.C. 1314 et seq.), see 40 
CFR part 140.

[40 FR 5624, Feb. 6, 1975, as amended at 48 FR 11432, Mar. 18, 1983]



Sec. 1250.95  Insect control.

    Vessels shall be maintained free of infestation by flies, 
mosquitoes, fleas, lice, and other insects known to be vectors in the 
transmission of communicable diseases, through the use of screening, 
insecticides, and other generally accepted methods of insect control.



Sec. 1250.96  Rodent control.

    Vessels shall be maintained free of rodent infestation through the 
use of traps, poisons, and other generally accepted methods of rodent 
control.