(B) Design, Construction, and Maintenance.

1. (1) Vehicles and trailers shall:

   1. (a) Be designed and built to facilitate locking and sealing and to prevent infestation by pests.
   2. (b) Permit effective inspection, cleaning, disinfection, and temperature control.
   3. (c) Be maintained in a clean and sanitary condition to protect the food from contamination.
   4. (d) Be constructed to prevent waste products such as iced poultry wastes from leaking onto the ground.
2. (2) Open (uncovered) commercial vehicles shall not be used for the transportation of food intended for sale.
3. (3) Self-contained Units. Self-refrigerated containers and other self-contained units utilized in making shipments of refrigerated or frozen food shall be constructed so as to give the food adequate protection.

4. (4) Bulk Tanker Trailers.

   1. (a) The entire interior surface of the tank shall be clean-bore, with the exception of those that require baffles to promote product flow.
   2. (b) If compartments are used, they shall be equipped with double bulkheads with evacuated airspace between bulkheads.
   3. (c) With the exception of center-discharge (belly drop) tanks, all tanks shall have a positive drain (minimum four inch slope from front to back of tankers).
   4. (d) All internal accessories shall be capable of being disassembled to clean product contact surfaces.
   5. (e) Gaskets shall be removable and non-porous.
   6. (f) Vehicle-mounted product transfer equipment, if used, shall meet the requirements established for the tanker.
   7. (g) Bulk tanker trucks shall be cleaned, sanitized, and inspected internally for integrity on a routine basis in compliance with the sanitary standards in 21 CFR Parts 110: Current Good Manufacturing Practice in Manufacturing, Packaging, or Holding Human Food and 129: Processing and Bottling of Bottled Water, if applicable. A record of all cleaning and sanitizing showing the date, time, place, and signature or initials of the person doing the work shall be maintained with the vehicle.
   8. (h) Upon filling, all access points to the contents of the tanker shall be sealed with a tamper-evident seal printed with a unique identifier. The seals may only be removed by the receiving facility. Seal numbers shall be recorded on the bill of lading or other appropriate document.

5. (5) Product Loading.

   1. (a) All vehicles shall be examined for deficiencies that would prevent their use as food carriers.
   2. (b) Residues from previous cargoes as well as from cleaning and sanitizing compounds shall be removed.
   3. (c) Trailers and trucks shall be pre-cooled before loading to remove residual heat from the insulation and inner lining of the trailer. The doors shall be kept closed during any period when loading and unloading operations cease or are interrupted.
   4. (d) Refrigerated food shall be kept refrigerated at the appropriate temperature, as specified in 105 CMR 500.007(C)(2)(a).
   5. (e) No food shall be loaded in such manner so as to interfere with the free flow of air into or out of the refrigeration unit, nor with the free flow of air around the load.

(C) Food Safety.

1. (1) At all times, all food shall be protected from cross-contamination between foods and from potential contamination by insects, chemicals, rodents, waste products, toxic material, unclean equipment, tank cleaning products, unnecessary handling, and other materials that pose a risk to public health.

2. (2) Adequate temperatures for food shall be maintained. All food that must be refrigerated or frozen shall be transported only in vehicles provided with sufficient refrigeration and/or freezing capabilities for product temperature maintenance. Vehicles transporting refrigerated or frozen food shall be:

   1. (a) So constructed and properly insulated that, when equipped with appropriate refrigeration units, they will maintain an air temperature of 41°F (5°C) (or a temperature required by other applicable law) for refrigerated loads, and 0°F. (-18°C) or less for frozen goods, throughout the load in all movements;
   2. (b) Equipped with an appropriate temperature-measuring device to indicate accurately air temperature inside the vehicle. The dial or reading element of the device shall be mounted in a readily accessible position outside the vehicle;
   3. (c) Equipped with tight fitting doors and suitable closures for drain holes to prevent air leakage; and
   4. (d) Racked, stripped, baffled, or otherwise so constructed as to provide clearance for air circulation around the load, unless the vehicle is of cold-wall or envelope type construction.
3. (3) Food items that are spoiled or that are in damaged containers that may affect the integrity of the product being transported shall be removed from the transporting vehicle and stored properly pending satisfactory disposition.
4. (4) Any materials that have a potential to adulterate food shall not be shipped in a vehicle containing food.
5. (5) To prevent any cross contamination and/or contact between potentially hazardous foods, or between known allergens and foods that are not allergens, different types of raw ingredients and food shall not be transported in subsequent loads without proper sanitization of the cargo area (example: produce being transported after chicken, or rice flour being transported after peanuts).
6. (6) All food, including seafood; hanging primal cuts, quarters, or sides of meat; poultry; etc., shall be protected from contamination by the use of packaging or covered containers while being transported.
7. (7) All transportation vehicles shall be secured to prevent tampering when not in use.

(D) Food Transportation Defense. The licensee or permit holder shall ensure that the following food transportation defense requirements are observed, whether the vehicle is operated by the licensee or permit holder, or by a contracted transporter.

1. (1) Each licensee and permit holder that owns, or contracts for, food transportation vehicle(s) shall develop, maintain on file, and follow a written food transportation defense plan. The plan shall include but need not be limited to:

   1. (a) Methods and procedures to prevent tampering of food while in transit, such as the use of tamper-evident seals corresponding to specific shipments; and
   2. (b) A means to identify and track food products during transportation to the destination.
2. (2) Security measures shall be identified and implemented at each point of delivery to ensure the protection of raw ingredients and food products from the time they are loaded for shipment through delivery to the final destination.

3. (3) Vehicles transporting any food or ingredient, including water, to a facility from sources of supply other than those owned by the shipping facility shall be marked with the name and address of the hauler. For each shipment, a shipping statement shall be prepared for each recipient containing at least the following information:

   1. (a) Name and address of the owner of the food, ingredient, water, or water source, and site of the water source if applicable;
   2. (b) Date of loading;
   3. (c) Amount of food, ingredient, or water delivered; and
   4. (d) Date and time delivered at the facility. A copy of the shipping statement shall be retained on file for at least two years at both

the shipping and receiving facilities. (4) Any licensee or permit holder utilizing a contracted transporter (e.g. air, ground, maritime, or rail) shall verify that the transporter and any storage/warehouse facilities utilized by the transporter have a security program in effect. (5) The licensee or permit holder shall develop and implement methods to check and document the condition of raw ingredients, food products, and packaging upon receipt.