Food Sales & Kitchen Requirements


TO: ABC On-Premise Retailers

FROM: Mark Hicks, Director of Enforcement

SUBJECT: Food Sales & Kitchen Requirements

Effective September 1, 2012, 35.II.2.03 of the Mississippi Administrative Code was amended to include basic qualifications regarding food sales and kitchen requirements. If your business is subject to these requirements, you have until July 1, 2013 to make the necessary changes to become compliant. Failure to do so could possibly result in administrative action against your business. If you have any questions, contact your local ABC Enforcement office or ABC Enforcement Headquarters at 601-856-1320.


Subpart 02 Enforcement

Chapter 03 Permitted Premises Where Alcoholic Beverages Are Sold

200 Restaurants

201 To qualify as a “restaurant” under Miss. Code Ann. Section 67-1-5(m)(i), the premises must have and maintain the following minimum kitchen requirements:

1. A menu that contains at least five (5) separate entrees. Food items must be prepared in whole or in part on the premises. Food items that are merely heated and served or “ready-to-eat” without further preparation do not meet this requirement. Specialty or theme restaurants that specialize in one entrée line may be exempted from this requirement so long as the entrée line contains an acceptable number of theme or specialty entrée variations;

2. At a minimum, a Risk Category 2 Permit issued by the Mississippi State Department of Health. Proof of the Permit is required for the initial application and all subsequent renewals;

3. Employ at least one (1) employee with management or supervisory responsibility certified as a “food manager”, or an equivalent position, by an educational program recognized by the Mississippi Department of Health.

4. A kitchen that contains the following functional equipment:

a. Oven and stove top (can be one complete unit);

b. Cold storage areas (ie, a refrigerator and freezer, either separate or combined);

c. Ventilation hood that meets applicable requirements under Mississippi State Department of Health regulations and city and/or local ordinances;

d. Adequate food preparation areas and countertop space;

e. Mop sink;

f. Three-compartment sink; and

g. Separate hand-washing facilities for employees.

All equipment must meet applicable standards as required by the Mississippi State Department of Health and as listed in the FDA Food Code. Menus must be readily available and visible to customers along with the dining hours of operation. Dining hours must be adequate to meet the requirements based on the business’s individual food service plan.

5. A minimum of twenty-five percent (25%) of gross annual sales are derived from the preparation and serving of food.

6. Otherwise meet the requirements set forth in Miss. Code Ann. Section 67-1-5(m).

202 The term “restaurant” includes a buffet if the buffet line is operational for at least three (3) hours per day. The buffet must contain at least two (2) meat items and three (3) side items. Items commonly known as “finger goods” or “snack foods” do not meet this requirement.

203 In addition to all other application requirements, an applicant must submit a copy of its menu and the certifications listed in subsection (2) and (3) above with its initial application and any subsequent renewal.

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