Code Requirements
Mike Nordos, REHS
April 5, 2011
MN Code Definition: Fish (1)
4626.0020 Subp. 29.
 "Fish" means fresh or saltwater finfish,
mollusks, crustaceans, alligators, frogs,
aquatic turtles, jellyfish, sea cucumbers,
sea urchins, roe, and other forms of
aquatic animal life other than birds or
mammals, if the animal life is intended for
human consumption.
MN Code Definition: Fish (2)
 The definition of “fish” includes any edible
human food product derived in whole or in
part from fish, including fish that have
been processed in any manner.
Freezing Required
4626.0350 – Parasite Destruction
 Raw, raw-marinated, partially cooked, or
marinated-partially cooked fish other than
molluscan shellfish shall be frozen
throughout to a temperature of:
 -4 degrees F or below for 168 hours (seven
days) in a freezer
 -31 degrees F or below for 15 hours in a
blast freezer.
Exempt From Freezing
Tuna of the species:





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Thunnus alalunga
Thunnus albacares (Yellowfin tuna)
Thunnus atlanticus
Thunnus maccoyii (Bluefin tuna, Southern)
Thunnus obesus (Bigeye tuna)
Thunnus thynnus (Bluefin tuna, Northern)
Consumer Advisory (1)
Not required in current MN Code.
4626.0340 C (1)
 A raw animal food, including raw fish,
is exempt from the cooking
requirements, if the food is prepared
in that fashion at the request of the
consumer.
Consumer Advisory (2)
3-603.11 (2009 FDA Code)
 Consumption of animal foods that are
raw, undercooked, or not otherwise
processed to eliminate pathogens.
 Disclosure and reminder required
 Does not exempt requirements for
freezing or parasite control.
Consumer Advisory (3)
Disclosure shall include:
 A description (on the menu or a sign) of
the animal derived food such as, “Oysters
On the Half Shell (Raw Oysters).”
or
 Identification by pointing** to a footnote,
such as, ** ”This menu item is served raw
or undercooked.”
Consumer Advisory (4)
Reminder shall include pointing** the requiring
disclosure to a **footnote that states:
 Written information is available upon
request.
 Consuming the products may increase your
risk of foodborne illness; or
 Consuming products may increase your risk
of foodborne illness, especially if you have a
certain medical condition.
Time as a Public
Health Control
4626.0410
 Identified with the time within which it shall be
cooked, served, or discarded
 Is served or discarded within four hours
 Is not removed from time control for later use
 Food not used is discarded
 Written procedures are approved by authority
and followed.
HACCP (1)
An HACCP plan shall be prepared by a
food establishment before:
 smoking or curing food, except for
smoking done for the purpose of
imparting flavor only and not as a part of
the cooking process
 using a reduced oxygen method of
packaging food.
(continued next page)
HACCP (2)
An HACCP plan shall be prepared by a
food establishment before:
 using food additives or adding
components, including vinegar, to
 preserve food rather than to enhance
flavor; or
 render a food so that it is not
potentially hazardous; or
Shooting the Minnow
Not Sushi and
Not Allowed in MN
 Live minnows do not come from an
approved source meant for human
consumption. (4626.0145)
 Fish that is intended for consumption in a
raw form shall be first frozen to at least -4°F
for seven days for parasite destruction.
(4626.0130)
 Live animals are prohibited. (4626.1585.)
 Minnesota Statutes, Chapter 97C also
prohibits taking, possessing or selling
minnows for anything other than bait,
ornamental or aquacultural purposes