05/11/17
REVISOR
1.1
Department of Health
1.2
Proposed Permanent Rules Relating to the Food Code
1.3
4626.0010 1-101.10 FOOD CODE. 1-101.10
1.4
SGS/IL
RD4071
Parts 4626.0010 to 4626.1870 This chapter shall be known as the Food Code,
1.5
hereinafter referred to as the "this Code."
1.6
4626.0015 1-102.10 FOOD SAFETY, ILLNESS PREVENTION, AND HONEST
PRESENTATION. 1-102.10
1.7
1.8
Food offered by a food establishment shall not be adulterated, misbranded, or falsely
1.9
advertised. The purpose of this Code is to safeguard public health and ensure that food is
1.10
safe, unadulterated, and honestly presented.
1.11
4626.0017 1-103.10 APPLICABILITY SCOPE. 1-103.10
1.12
A. The This Code applies to food establishments licensed and inspected by
1.13
the Department of Agriculture, Department of Health, or local authorities that conduct
1.14
inspections of food establishments. establishes definitions; sets standards for management
1.15
and personnel, food operations, and equipment and facilities; and provides for food
1.16
establishment plan review, license issuance, inspection, employee restriction, and license
1.17
suspension.
1.18
1.19
1.20
B. References to federal law used in this Code shall incorporate future
amendments to the law.
C. This Code applies to food establishments licensed and inspected by the
1.21
Department of Agriculture, Department of Health, or delegated regulatory authorities that
1.22
conduct licensing and inspections of food establishments.
1.23
D. This Code also applies to individuals applying for certification and
1.24
certification renewal as a food protection manager, persons providing training for
1.25
applicants for food protection manager certification, and for certified food protection
4626.0017
1
05/11/17
REVISOR
SGS/IL
RD4071
2.1
managers, persons developing and publishing food protection manager certification
2.2
examinations, and persons proctoring food protection manager certification examinations.
2.3
4626.0018 RESTRICTION OF FOOD TYPE AND PREPARATION METHOD.
2.4
The regulatory authority may restrict the type of food served or the method of food
2.5
preparation based on equipment limitations and the availability of approved facilities for
2.6
utensil and warewashing, adverse climatic conditions, or any other condition that poses a
2.7
hazard to public health.
2.8
4626.0020 1-201.10 STATEMENT OF APPLICATION AND LISTING OF TERMS
DEFINITIONS. 1-201.10
2.9
2.10
Subpart 1. Applicability. For purposes of parts 4626.0010 to 4626.1870, the
2.11
following terms have the meanings given them. The terms used in this chapter have the
2.12
meanings given them in this part.
2.13
2.14
Subp. 2. Additive.
A. "Food additive" has the meaning given in the Federal Food, Drug, and
2.15
Cosmetic Act, United States Code, title 21, section 321, subsection (s) 321(s), and Code of
2.16
Federal Regulations, title 21, section 170.3 170.3(e)(1).
2.17
B. "Color additive" has the meaning given in the Federal Food, Drug, and
2.18
Cosmetic Act, United States Code, title 21, section 321, subsection (t) 321(t), and Code of
2.19
Federal Regulations, title 21, section 70.3 70.3(f).
2.20
Subp. 3. Adulterated. "Adulterated" has the meaning given in Minnesota Statutes,
2.21
section 31.121 34A.02, and the Federal Food, Drug, and Cosmetic Act, United States
2.22
Code, title 21, section 342.
[For text of subp 4, see M.R.]
2.23
2.24
Subp. 4a. Asymptomatic.
4626.0020
2
05/11/17
REVISOR
SGS/IL
RD4071
3.1
A. "Asymptomatic" means without obvious symptoms or not showing or
3.2
producing indications of a disease or other medical condition, such as an individual
3.3
infected with a pathogen, but not exhibiting or producing any signs or symptoms of
3.4
vomiting, diarrhea, or jaundice.
3.5
3.6
B. Asymptomatic includes not showing symptoms because symptoms have
resolved or subsided, or because symptoms were never manifested.
3.7
Subp. 5. aw. "aw" means water activity that is a measure of the free moisture in a
3.8
food, is the quotient of the water vapor pressure of the substance divided by the vapor
3.9
pressure of the pure water at the same temperature, and is indicated by the symbol a w.
3.10
Subp. 5a. Balut. "Balut" means an embryo inside a fertile egg that has been
3.11
incubated until the embryo reaches a specific stage of development and is then removed
3.12
from incubation before hatching.
[For text of subps 6 to 8, see M.R.]
3.13
3.14
Subp. 9. [See repealer.]
[For text of subp 10, see M.R.]
3.15
3.16
Subp. 10a. Certified food protection manager or CFPM. "Certified food
3.17
protection manager" or "CFPM" means an individual who has a valid Minnesota food
3.18
protection manager's certification under part 4626.0033 or an individual who is certified
3.19
under Minnesota Rules 2015, parts 4626.2005 to 4626.2020.
3.20
3.21
Subp. 11. CIP.
A. "CIP" means cleaned in place by circulating or flowing by mechanical means
3.22
through a piping system a detergent solution, water rinse, and sanitizing solution onto or
3.23
over equipment surfaces that require cleaning, including the method used, in part, to
3.24
clean and sanitize a frozen dessert machine.
4626.0020
3
05/11/17
4.1
4.2
4.3
4.4
4.5
4.6
REVISOR
fixed system.
C. CIP does not include in-place, manual cleaning without the use of a CIP
system for equipment such as band saws, slicers, or mixers.
CIP does not include cleaning band saws, slicers, mixers, or other equipment that are
subjected to in-place manual cleaning without the use of a CIP system.
Subp. 11a. [See repealer.]
4.8
Subp. 12. [See repealer.]
4.9
Subp. 12a. Commingle. "Commingle" means:
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
RD4071
B. A CIP system circulates cleaning, rinsing, and sanitizing solutions through a
4.7
4.10
SGS/IL
A. to combine shellstock harvested on different days or from different growing
areas as identified on the tag or label; or
B. to combine shucked shellfish from containers with different container codes
or different shucking dates.
Subp. 13. Comminuted.
A. "Comminuted" means reduced in size by methods including chopping,
flaking, grinding, or mincing.
B. Comminuted products include: fish or meat products that are reduced in size
and restructured or reformulated such as
A. gefilte fish, gyros, ground beef, or sausage, and other fish or meat products
that are reduced in size and restructured or reformulated; and
B. sausages made from two or more meats and other mixtures of two or more
4.22
types of meat that have been reduced in size and combined; and a mixture of two or
4.23
more types of meat that have been reduced in size and combined, such as sausages made
4.24
from two or more meats.
4626.0020
4
05/11/17
REVISOR
SGS/IL
RD4071
5.1
Subp. 13a. Commissioner. "Commissioner" means the commissioner of health.
5.2
Subp. 14. [See repealer.]
5.3
Subp. 14a. Conditional employee. "Conditional employee" means a potential food
5.4
employee to whom a job offer is made, conditional on responses to subsequent medical
5.5
questions or examinations designed to identify potential food employees who may be
5.6
suffering from a disease that can be transmitted through food and done in compliance with
5.7
the Americans with Disabilities Act, United States Code, title 42, chapter 126.
[For text of subps 15 and 16, see M.R.]
5.8
5.9
Subp. 17. [See repealer.]
[For text of subp 18, see M.R.]
5.10
5.11
Subp. 18a. Counter-mounted equipment. "Counter-mounted equipment" means
5.12
equipment that is not portable and is designed to be mounted off the floor on a table,
5.13
counter, or shelf.
[For text of subp 19, see M.R.]
5.14
5.15
Subp. 19a. Critical limit. "Critical limit" means the maximum or minimum value to
5.16
which a physical, biological, or chemical parameter must be controlled at a critical control
5.17
point to minimize the risk that the identified food safety hazard may occur.
5.18
Subp. 20. [See repealer.]
5.19
Subp. 20a. Cut leafy greens or leafy greens. "Cut leafy greens" means fresh leafy
5.20
greens whose leaves have been cut, shredded, sliced, chopped, or torn. "Leafy greens"
5.21
includes iceberg lettuce; romaine lettuce; leaf lettuce; butter lettuce; baby leaf lettuce such
5.22
as, immature lettuce or leafy greens; escarole; endive; spring mix; spinach; cabbage; kale;
5.23
arugula; and chard. Leafy greens does not include herbs such as cilantro or parsley.
4626.0020
5
05/11/17
6.1
REVISOR
SGS/IL
RD4071
Subp. 20b. Dealer. "Dealer" means a person who is authorized by a shellfish control
6.2
authority for the activities of shellstock shipper, shucker-packer, repacker, reshipper, or
6.3
depuration processor of molluscan shellfish according to the provisions of the National
6.4
Shellfish Sanitation Program.
6.5
Subp. 20c. Disclosure. "Disclosure" means a written statement that clearly identifies
6.6
the animal-derived foods or items containing ingredients that contain animal-derived
6.7
foods that are, or can be ordered, raw, undercooked, or without otherwise being processed
6.8
to eliminate pathogens.
[For text of subp 21, see M.R.]
6.9
6.10
Subp. 22. Dry storage area. "Dry storage area" means a room or area designated
6.11
for storing the storage of packaged or containerized bulk food that is not potentially
6.12
hazardous time/temperature control for safety food, and dry goods, including such as
6.13
single-service items.
[For text of subp 23, see M.R.]
6.14
6.15
6.16
Subp. 24. Easily movable. "Easily movable" means:
A. weighing 14 kilograms (30 pounds) or less, portable; mounted on casters,
6.17
gliders, or rollers,; or provided with a mechanical means requiring no more than 14
6.18
kilograms (30 pounds) of force to safely tilt a unit of equipment for cleaning; and
[For text of item B, see M.R.]
6.19
6.20
6.21
6.22
6.23
Subp. 24a. Egg.
A. "Egg" means the shell egg of avian species such as chicken, duck, goose,
guinea, quail, ratite, or turkey.
B. Egg does not include:
(1) a balut;
6.24
4626.0020
6
05/11/17
REVISOR
SGS/IL
7.1
(2) the egg of reptile species such as alligator; or
7.2
(3) an egg product.
7.3
RD4071
Subp. 24b. Egg product.
7.4
A. "Egg product" means all, or a portion of, the contents found inside eggs
7.5
separated from the shell in a food processing plant, and processed to be free of viable
7.6
Salmonella microorganisms.
7.7
7.8
7.9
B. Egg product does not include food that contains eggs only in a relatively
small proportion such as cake mixes.
Subp. 25. Employee. "Employee" means a licensee, person in charge, food
7.10
employee, person having supervisory or management duties, person on the payroll, family
7.11
member, volunteer, person performing work under contractual agreement, or other person
7.12
working in a food establishment.
7.13
Subp. 26. Equipment.
7.14
A. "Equipment" means an article that is used in the operation of a food
7.15
establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven,
7.16
reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for
7.17
ambient air, vending machine, warewashing machine, or other article that is used in the
7.18
operation of a food establishment grill, and fryer.
7.19
B. Equipment does not include hand trucks, forklifts, dollies, pallets, racks,
7.20
skids, or other items apparatuses used for handling or storing large quantities of packaged
7.21
foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks,
7.22
forklifts, dollies, pallets, racks, and skids.
7.23
7.24
7.25
Subp. 26a. Exclude. "Exclude" means to prevent a person from working as an
employee in a food establishment or entering a food establishment as an employee.
Subp. 27. [See repealer.]
4626.0020
7
05/11/17
REVISOR
SGS/IL
8.1
Subp. 28. [See repealer.]
8.2
Subp. 28a. FDA. "FDA" means the U.S. Food and Drug Administration.
8.3
Subp. 29. Fish.
8.4
RD4071
A. "Fish" means fresh or saltwater finfish, mollusks, crustaceans, alligators,
8.5
frogs, aquatic turtles, jellyfish, sea cucumbers, sea urchins, roe, and other forms of aquatic
8.6
animal life other than birds or mammals, including alligator, frog, aquatic turtle, jellyfish,
8.7
sea cucumber, and sea urchin, and the roe of such animals, if the animal life is intended
8.8
for human consumption.
8.9
8.10
B. Fish includes an edible human food product derived in whole or in part from
fish, including fish that have been processed in any manner.
8.11
[For text of subps 30 and 31, see M.R.]
8.12
Subp. 32. Food cart. "Food cart" has the meaning given in Minnesota Statutes,
8.13
8.14
section 157.15, subdivision 6. A food cart must be a single self-contained unit.
Subp. 32a. Food catering. "Food catering" means food that is prepared for service
8.15
in support of an event with a predetermined guest list such as a reception, party, luncheon,
8.16
conference, ceremony, or trade show. A food establishment doing catering is responsible
8.17
for maintaining control of and ensuring the safety of the food from preparation to service
8.18
to the consumer.
[For text of subps 33 and 34, see M.R.]
8.19
8.20
8.21
Subp. 35. Food establishment.
A. "Food establishment" means an operation that:
8.22
(1) stores, prepares, packages, serves, vends, caters, delivers, or otherwise
8.23
provides food for human consumption, including a restaurant, satellite or catered feeding
8.24
location, market, grocery store, convenience store, special event food stand, school,
4626.0020
8
05/11/17
REVISOR
SGS/IL
RD4071
9.1
boarding establishment, vending machine and vending location, institution, and retail
9.2
bakery; or where consumption is on or off the premises and regardless of whether there is a
9.3
charge for the food, and relinquishes possession either directly or indirectly to a consumer.
(2) relinquishes possession of food to a consumer directly or indirectly
9.4
9.5
through a delivery service, including the home delivery of grocery orders or restaurant
9.6
takeout orders, and a delivery service that is provided by common carriers.
9.7
B. Food establishment includes:
(1) an element of an operation such as a transportation vehicle or central
9.8
9.9
preparation facility that supplies a vending location or satellite feeding location unless the
9.10
vending or feeding location is licensed by the regulatory authority; or
9.11
(2) an operation that is conducted in a mobile, stationary, temporary, or
9.12
permanent facility, location, or cart, regardless of whether consumption is on or off the
9.13
premises and regardless of whether there is a charge for the food; and retail operations
9.14
located within the following establishments:
(a) wholesale food processors, wholesale food handlers, food
9.15
9.16
manufacturers, or food brokers as classified in Minnesota Statutes, section 28A.05,
9.17
paragraphs (b), (c), and (d);
(b) custom processors as defined in Minnesota Statutes, section
9.18
9.19
28A.03, subdivision 8, or custom processing as defined in section 31A.02, subdivision 5; or
(c) animal food manufacturers as defined in Minnesota Statutes,
9.20
9.21
section 31A.02, subdivision 8.
(3) those food service operations within a hospital, nursing home, or
9.22
9.23
boarding care home licensed under Minnesota Statutes, sections 144.50 to 144.56, that
9.24
are not limited to patient or resident care.
9.25
C B. Food establishment does not include:
4626.0020
9
05/11/17
REVISOR
SGS/IL
RD4071
10.1
(1) an establishment excluded from licensure under Minnesota Statutes,
10.2
section sections 28A.15, 28A.151, and 28A.152, or 31.56, or a wholesale food handler,
10.3
wholesale food processor or manufacturer, or food broker as defined in Minnesota
10.4
Statutes, section 28A.05, paragraphs (b) to (d);
(2) an establishment excluded exempted under Minnesota Statutes, section
10.5
10.6
157.22; or
(3) a food processing plant, wholesale food handler, or a custom operator
10.7
10.8
as described in Code of Federal Regulations, title 9, section 303.1, paragraph (a),
10.9
subparagraph (2), except:
(a) a custom processor as defined in Minnesota Statutes, section
10.10
10.11
28A.03, subdivision 8;
(b) a person engaged in custom processing as defined in Minnesota
10.12
10.13
Statutes, section 31A.02, subdivision 5; or
(c) an animal food manufacturer as defined in Minnesota Statutes,
10.14
10.15
section 31A.02, subdivision 8;
(4) (3) a private home or other location that receives catered or
10.16
10.17
home-delivered food when only invited guests are present; or.
(5) a food service limited to patient or resident care within a hospital,
10.18
10.19
nursing home, boarding care home, or supervised living facility licensed under Minnesota
10.20
Statutes, sections 144.50 to 144.56, except for those operations subject to the rules and
10.21
laws administered by the Minnesota Department of Agriculture.
10.22
Subp. 36. Food processing plant. "Food processing plant" means a commercial
10.23
operation that manufactures, packages, labels, or stores food for human consumption and
10.24
does not provide food directly to a consumer provides food for sale or distribution to other
10.25
business entities such as food processing plants or food establishments.
4626.0020
10
05/11/17
REVISOR
SGS/IL
RD4071
11.1
Food processing plant does not include a food establishment as defined in subpart 35.
11.2
Subp. 37. Game animal.
11.3
A. "Game animal" means an animal, the products of which are food, that is not
11.4
cattle, sheep, swine, or goat regulated in Code of Federal Regulations, chapter 9, parts
11.5
301 to 335, poultry regulated in Code of Federal Regulations, chapter 9, part 381, or fish
11.6
as defined in subpart 29.
11.7
A.
Game animals include: big and small game as defined in Minnesota
11.8
Statutes, section 97A.015, subdivisions 3 and 45, and game birds as defined in Minnesota
11.9
Statutes, section 97A.015, subdivision 24.
11.10
B. Game animal includes: does not include animals classified as livestock in
11.11
Code of Federal Regulations, title 9, section 301.02, or as animals as defined in Minnesota
11.12
Statutes, section 31A.02, subdivision 4, or poultry or fish; or animals raised as livestock,
11.13
Cervidae, Ratitae, or llama as defined in Minnesota Statutes, sections 17.452, 17.453,
11.14
and 17.455.
(1) a reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel,
11.15
11.16
bear, and muskrat; an aquatic or nonaquatic bird including a wild duck, goose, quail, and
11.17
pheasant; a nonaquatic reptile including a rattlesnake; and an aquatic mammal; and
(2) an exotic animal as defined in Code of Federal Regulations, title 9,
11.18
11.19
section 1.1, including a lion, tiger, leopard, elephant, camel, antelope, anteater, kangaroo,
11.20
water buffalo, and species of foreign domestic cattle, including ankole, gayal, and yak.
11.21
Subp. 38. General use pesticide. "General use pesticide" means a pesticide that is
11.22
not classified by the U.S. Environmental Protection Agency for restricted use as specified
11.23
in Code of Federal Regulations, title 40, section 152.175.
11.24
11.25
Subp. 38a. Grade A standards. "Grade A standards" means the requirements found
in "Grade A Pasteurized Milk Ordinance" produced with guidance from the U.S. Public
4626.0020
11
05/11/17
REVISOR
SGS/IL
RD4071
12.1
Health Service and the FDA, and with which certain fluid and dry milk and milk products
12.2
must comply. This publication is incorporated by reference, is subject to frequent change,
12.3
and can be found at .......
12.4
Subp. 39. [See repealer.]
12.5
Subp. 40. HACCP plan. "HACCP plan" means a written document that delineates
12.6
the formal procedures for following the hazard analysis and critical control point principles
12.7
developed by the National Advisory Committee on Microbiological Criteria for Foods.
12.8
12.9
12.10
12.11
Subp. 40a. Handwashing sink.
A. "Handwashing sink" means a lavatory, a basin, or a vessel for washing; a
wash basin; or a plumbing fixture dedicated to handwashing.
B. Handwashing sink includes an automatic handwashing facility.
[For text of subps 41 and 42, see M.R.]
12.12
12.13
Subp. 42a. Highly susceptible population. "Highly susceptible population" means
12.14
persons who are more likely than others in the general population to experience foodborne
12.15
disease because they are immunocompromised, preschool-age children, or older adults
12.16
and they are obtaining food at a facility that provides services such as custodial care,
12.17
health care, or nutritional or socialization services.
[For text of subp 43, see M.R.]
12.18
12.19
Subp. 44. Injected. "Injected" means having manipulated a meat so that infectious
12.20
or toxigenic microorganisms may be introduced from its surface to its interior through
12.21
tenderizing with deep penetration or injecting the meat with juices, which may be referred
12.22
to as "injecting," "pinning," or "stitch pumping." manipulating meat by introducing a
12.23
solution into its interior by processes referred to as "injecting," "pump marinating," or
12.24
"stitch pumping."
12.25
Subp. 44a. Juice.
4626.0020
12
05/11/17
13.1
REVISOR
SGS/IL
RD4071
A. "Juice" means the aqueous liquid expressed or extracted from one or more
13.2
fruits or vegetables, purees of the edible portions of one or more fruits or vegetables,
13.3
or any concentrates of the liquid or puree.
13.4
13.5
B. For purposes of HACCP, juice does not include liquids, purees, or
concentrates that are not used as beverages or ingredients of beverages.
13.6
[For text of subps 45 to 47, see M.R.]
13.7
Subp. 48. Linens. "Linens" means fabric items including such as cloth hampers,
13.8
13.9
13.10
cloth napkins, tablecloths, wiping cloths, cloth gloves, and other work garments.
Subp. 48a. Major food allergen.
A. "Major food allergen" means:
(1) milk; egg; fish, such as bass, flounder, or cod; crustacean shellfish,
13.11
13.12
including crab, lobster, or shrimp; tree nuts, such as almonds, pecans, or walnuts; wheat;
13.13
peanuts; and soybeans; or
(2) a food ingredient that contains protein derived from a food, as specified
13.14
13.15
13.16
in subitem (1).
B. Major food allergen does not include:
(1) any highly refined oil derived from a food specified in item A, subitem
13.17
13.18
(1), and any ingredient derived from the oil; or
(2) any ingredient that is exempt under the petition or notification process
13.19
13.20
specified in the Food Allergen Labeling and Consumer Protection Act of 2004, Public
13.21
Law 108-282.
13.22
Subp. 49. [See repealer.]
13.23
Subp. 50. Meat.
4626.0020
13
05/11/17
14.1
14.2
14.3
REVISOR
SGS/IL
RD4071
A. "Meat" means the flesh of animals used as food including the dressed flesh
of cattle, swine, sheep, or goats and other edible animals, except.
B. Meat does not include fish, poultry, and wild game, that is offered for human
14.4
consumption animals as defined in Minnesota Statutes, section 97A.015, subdivision 55,
14.5
and as specified in part 4626.0160, item C.
14.6
Subp. 50a. Mechanically tenderized.
14.7
A. "Mechanically tenderized" means manipulating meat with deep penetration
14.8
by processes such as blade tenderizing, jaccarding, pinning, needling, or using blades,
14.9
pins, needles, or any mechanical device.
14.10
14.11
B. Mechanically tenderized does not include processes by which solutions are
injected into meat.
[For text of subps 51 and 52, see M.R.]
14.12
14.13
Subp. 52a. [See repealer.]
14.14
Subp. 52b. Mushrooms.
14.15
A. "Mushrooms, wild" means edible species of mushrooms that have been
14.16
harvested from their naturally occurring environment where no human intervention
14.17
occurred to support their growth.
14.18
B. "Mushrooms, cultivated" means edible species of mushrooms that have
14.19
been grown by a person or persons under controlled conditions, outdoors or indoors,
14.20
on natural or artificial substrate.
14.21
Subp. 52c. Neighborhood kitchen. "Neighborhood kitchen" means a satellite or
14.22
auxiliary kitchen in residential buildings for adults age 55 or older that is secondary to
14.23
the primary approved commercial kitchen where most of the food is received, stored,
14.24
and prepared.
4626.0020
14
05/11/17
15.1
REVISOR
SGS/IL
RD4071
Subp. 52d. Noncontinuous cooking.
15.2
A. "Noncontinuous cooking" means the cooking of food in a food establishment
15.3
using a process in which the initial heating of the food is intentionally halted so that it may
15.4
be cooled and held for complete cooking at a later time prior to sale or service.
15.5
15.6
15.7
15.8
15.9
15.10
15.11
B. Noncontinuous cooking does not include cooking procedures that only
involve temporarily interrupting or slowing an otherwise continuous cooking process.
Subp. 52e. Nonpublic water system. "Nonpublic water system" means any water
system that does not meet the definition of a public water system as defined in subpart 66.
Subp. 53. Packaged.
A. "Packaged" means bottled, canned, cartoned, securely bagged, or securely
wrapped, whether packaged in a food establishment or a food processing plant.
15.12
B. Packaged does not include a wrapper, carry-out box, or other nondurable
15.13
container used to containerize food delivered to a consumer by a food employee, upon
15.14
consumer request, that is wrapped or placed in a carry-out container to protect the food
15.15
during service and receipt of the food by the consumer delivery to the consumer.
15.16
Subp. 54. Person. "Person" means an association, corporation, individual,
15.17
partnership, government, or governmental subdivision or agency, or other legal entity.
[For text of subp 55, see M.R.]
15.18
15.19
Subp. 56. Personal care item. "Personal care item" means an item or substance that
15.20
may be poisonous, toxic, or a source of contamination and is used to maintain or enhance
15.21
a person's health, hygiene, or appearance.
15.22
15.23
15.24
15.25
Personal care item includes medicines, first aid supplies, cosmetics, toothpaste,
mouthwash, and other toiletries.
Subp. 57. pH. "pH" is the symbol for the negative logarithm of the hydrogen ion
concentration, which is a measure of the degree of acidity or alkalinity of a solution.
4626.0020
15
05/11/17
REVISOR
SGS/IL
RD4071
16.1
Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity.
16.2
The value for pure distilled water is 7, which is neutral.
16.3
Subp. 58. Physical facility. "Physical facility" means the structure and interior
16.4
surfaces of a food establishment including accessories such as soap and towel dispensers
16.5
and other accessories, attachments such as light fixtures, and heating or air conditioning
16.6
system vents, and other attachments.
16.7
[For text of subps 59 and 60, see M.R.]
16.8
Subp. 61. Poisonous or toxic material. "Poisonous or toxic material" means a
16.9
substance that is not intended for ingestion and is included in one of the following four 4
16.10
categories:
16.11
16.12
16.13
16.14
16.15
A. cleaners and sanitizers, including such as cleaning and sanitizing agents and
other chemicals such as caustics, acids, drying agents, and polishes;
B. pesticides, except sanitizers, including substances such as insecticides and
rodenticides;
C. substances necessary for the operation and maintenance of the establishment,
16.16
including such as non-food-grade lubricants and personal care items that may be
16.17
deleterious to health; or
16.18
D. substances that are not necessary for the operation and maintenance of
16.19
the establishment and are on the premises for retail sale including, such as petroleum
16.20
products and paints.
16.21
Subp. 62. [See repealer.]
16.22
Subp. 63. Poultry. "Poultry" means any domesticated bird, including chickens,
16.23
turkeys, ducks, geese, or guineas, whether live or dead.:
4626.0020
16
05/11/17
17.1
REVISOR
SGS/IL
RD4071
A. any domesticated bird, such as chickens, turkeys, ducks, geese, guineas,
17.2
ratites, or squabs, whether live or dead, as defined in Code of Federal Regulations, title
17.3
9, part 381.1; and
17.4
B. any migratory waterfowl or game bird, whether live or dead, as defined in
17.5
Code of Federal Regulations, title 9, part 362.1, including pheasant, partridge, quail,
17.6
grouse, or pigeon.
17.7
Subp. 64. Premises. "Premises" means:
[For text of item A, see M.R.]
17.8
17.9
B. the physical facility, its contents, and the contiguous land or property and not
17.10
described in item A, if its facilities and contents that are under the control of the licensee
17.11
that and may impact food establishment personnel, facilities, or operations, if and a food
17.12
establishment is only one 1 component of a larger operation such as a health care facility,
17.13
hotel, motel, school, recreational camp, or prison, or other large operation.
17.14
Subp. 64a. Prepare. "Prepare" means to process food by means such as heating,
17.15
cooking, canning, extracting, fermenting, distilling, pickling, freezing, baking, drying,
17.16
smoking, grinding, cutting, mixing, coating, stuffing, packing, bottling, packaging, or any
17.17
other treatment or preservation process.
17.18
17.19
17.20
Subp. 65. Primal cut. "Primal cut" means a basic major cut into which carcasses
and sides of meat are separated, such as a beef round, pork loin, lamb flank, or veal breast.
Subp. 65a. Priority 1 item or P1.
17.21
A. "Priority 1 item" or "P1" means a provision in this Code whose application
17.22
contributes directly to the elimination, prevention, or reduction to an acceptable level of
17.23
hazards associated with foodborne illness or injury, and there is no other provision that
17.24
more directly controls the hazard. This is the same as the FDA's "priority designation."
4626.0020
17
05/11/17
18.1
18.2
18.3
18.4
REVISOR
SGS/IL
RD4071
B. A priority 1 item includes an item with a quantifiable measure to show
control of hazards such as cooking, reheating, cooling, and handwashing.
Subp. 65b. Priority 2 item or P2.
A. "Priority 2 item" or "P2" means a provision in this Code whose application
18.5
supports, facilitates, or enables one or more priority 1 items. This is the same as the
18.6
FDA's "priority foundation designation."
18.7
B. A priority 2 item includes an item that requires the purposeful incorporation
18.8
of specific actions, equipment, or procedures by industry management to attain control
18.9
of risk factors that contribute to foodborne illness or injury such as personnel training,
18.10
infrastructure or necessary equipment, HACCP plans, documentation or record keeping,
18.11
and labeling.
18.12
18.13
18.14
18.15
Subp. 65c. Priority 3 item.
A. "Priority 3 item" means a provision in this Code that is not designated as a
priority 1 item or a priority 2 item. This is the same as the FDA's "core designation."
B. A priority 3 item includes an item that usually relates to general sanitation,
18.16
operational controls, sanitation standard operating procedures (SSOPs), facilities or
18.17
structures, equipment design, or general maintenance.
18.18
18.19
C. Items not designated with a P1 or P2 are priority 3 items.
Subp. 66. Public water system. "Public water system" means a system as defined in
18.20
chapter 4720 and Code of Federal Regulations, title 40, section 141.2 has the meaning
18.21
given in Code of Federal Regulations, title 40, part 141.2.
18.22
18.23
18.24
Subp. 66a. Ratite. "Ratite" or "Ratitae" means a flightless bird such as an emu,
ostrich, or rhea.
Subp. 67. Ready-to-eat food.
4626.0020
18
05/11/17
19.1
REVISOR
SGS/IL
RD4071
A. "Ready-to-eat food" means food that:
(1) is in a form that is edible without washing, cooking, or additional
19.2
19.3
preparation by the food establishment or the consumer and that is reasonably expected to be
19.4
consumed in that form to achieve food safety as specified in part 4626.0340 or 4626.0350;
(2) is a raw or partially cooked animal food and the consumer is advised as
19.5
19.6
specified in part 4626.0340, item D, subitem (3); or
(3) is prepared according to a variance that is granted under part 4626.0340,
19.7
19.8
item D, subitem (4); and
(4) may receive additional preparation for palatability or aesthetic,
19.9
19.10
19.11
epicurean, gastronomic, or culinary purposes.
B. Ready-to-eat food includes:
(1) unpackaged potentially hazardous food that is cooked to the temperature
19.12
19.13
and time required for the specific food raw animal food that is cooked as specified under
19.14
parts part 4626.0340 and or 4626.0345, or frozen as specified under part 4626.0350;
(2) raw, washed, cut fruits and vegetables that are washed as specified
19.15
19.16
under part 4626.0255;
(3) whole, raw fruits and vegetables that are presented for consumption
19.17
19.18
without the need for further washing cooked for hot holding, as specified in part
19.19
4626.0347; and
(4) other food presented for consumption plant food for which further
19.20
19.21
washing or, cooking, or other processing is not required for food safety, and from which
19.22
rinds, peels, husks, or shells, if naturally present, are removed.;
(5) all TCS food as defined in subpart 90a that is cooked to the temperature
19.23
19.24
and time required for the specific food under parts 4626.0340 to 4626.0349 and cooled
19.25
as specified in part 4626.0385;
4626.0020
19
05/11/17
REVISOR
SGS/IL
RD4071
20.1
(6) substances derived from plants such as spices, seasonings, and sugar;
20.2
(7) bakery items such as bread, cakes, pies, fillings, or icing for which
20.3
further cooking is not required for food safety;
(8) products that are produced according to USDA guidelines and have
20.4
20.5
received a lethality treatment for pathogens; and
(9) food manufactured as specified in Code of Federal Regulations, title 21,
20.6
20.7
20.8
part 113.
Subp. 68. Reduced oxygen packaging.
A. "Reduced oxygen packaging" means:
20.9
(1)
20.10
the reduction of the amount of oxygen in a package by mechanically
20.11
evacuating the removing oxygen, displacing the oxygen and replacing it with another gas
20.12
or combination of gases, or otherwise controlling the oxygen content in a package to a level
20.13
below that normally found in the surrounding atmosphere, which is 21 percent oxygen.
20.14
that normally found in the atmosphere, which is approximately 21 percent at sea level; and
20.15
(2) the process in subitem (1) that involves a food for which the hazards
20.16
Clostridium botulinum or Listeria monocytogenes require control in the final packaged
20.17
form.
20.18
B. Reduced oxygen packaging includes methods that may be referred to as
20.19
altered atmosphere, modified atmosphere, controlled atmosphere, low oxygen, and
20.20
vacuum packaging including sous vide.:
(1) vacuum packaging in which air is removed from a package of food and
20.21
20.22
the package is hermetically sealed so that a vacuum remains inside the package;
(2) modified atmosphere packaging, in which the atmosphere of a package
20.23
20.24
of food is modified so that its composition is different from air but the atmosphere may
20.25
change over time due to the permeability of the packaging material or the respiration of
4626.0020
20
05/11/17
REVISOR
SGS/IL
RD4071
21.1
the food. Modified atmosphere packaging includes reduction in the proportion of oxygen,
21.2
total replacement of oxygen, or an increase in the proportion of other gases such as carbon
21.3
dioxide or nitrogen;
(3) controlled atmosphere packaging, in which the atmosphere of a package
21.4
21.5
of food is modified so that until the package is opened, its composition is different from
21.6
air, and continuous control of that atmosphere is maintained, such as by using oxygen
21.7
scavengers or a combination of total replacement of oxygen, nonrespiring food, and
21.8
impermeable packaging material;
(4) cook-chill packaging in which cooked food is hot filled into
21.9
21.10
impermeable bags that have the air expelled and are then sealed or crimped closed. The
21.11
bagged food is rapidly chilled and refrigerated at temperatures that inhibit the growth of
21.12
psychotropic pathogens; or
(5) sous-vide packaging in which raw or partially cooked food is vacuum
21.13
21.14
packaged in an impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at
21.15
temperatures that inhibit the growth of psychotropic pathogens.
21.16
21.17
C. Reduced oxygen packaging does not include packaging that allows oxygen
transmission of at least 7,200 cubic centimeters per square meter over a 24-hour period.
[For text of subps 69 and 70, see M.R.]
21.18
21.19
Subp. 70a. Reminder. "Reminder" means a written statement concerning the health
21.20
risk of consuming animal foods raw, undercooked, or without otherwise being processed
21.21
to eliminate pathogens.
21.22
Subp. 70b. Re-service. "Re-service" means food that is served or sold to a consumer
21.23
who then returns the unused food, which is then transferred by means of serving or selling
21.24
to another person.
4626.0020
21
05/11/17
22.1
REVISOR
SGS/IL
RD4071
Subp. 70c. Restrict. "Restrict" means to limit the activities of a food employee so
22.2
that there is no risk of transmitting a disease that is transmissible through food and the
22.3
food employee does not work with exposed food or handle clean equipment, utensils,
22.4
linens, or unwrapped single-service or single-use articles.
22.5
Subp. 70d. Restricted egg. "Restricted egg" means any check, dirty egg, incubator
22.6
reject, inedible, leaker, or loss as egg is defined in Code of Federal Regulations, title 9,
22.7
section 590.5.
22.8
Subp. 71. Restricted use pesticide. "Restricted use pesticide" means a pesticide
22.9
product that contains the active ingredients specified in the Federal Insecticide, Fungicide,
22.10
and Rodenticide Act, United States Code, title 7, sections 136 to 136y, and Code of
22.11
Federal Regulations, title 40, section 152.175, and that is limited to use by a commercial
22.12
applicator and that is limited to use by a licensed applicator.
22.13
Subp. 72. [See repealer.]
[For text of subp 73, see M.R.]
22.14
22.15
22.16
22.17
Subp. 73a. Risk. "Risk" means the likelihood that an adverse health effect will occur
within a population as a result of a hazard in a food.
Subp. 74. Safe material. "Safe material" means:
22.18
A. an article manufactured from or composed of materials that may not
22.19
reasonably be expected to result directly or indirectly become in their becoming a
22.20
component or otherwise affect affecting the characteristics of a any food;
22.21
[For text of items B and C, see M.R.]
22.22
Subp. 75. Sanitization. "Sanitization" means the application of cumulative heat
22.23
or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, yields
22.24
within 1 minute a reduction of five 5 logs, which is equal to a 99.999 percent reduction, of
22.25
representative disease microorganisms of public health importance.
4626.0020
22
05/11/17
SGS/IL
RD4071
[For text of subp 76, see M.R.]
23.1
23.2
REVISOR
Subp. 76a. Service animal. "Service animal" means an animal such as a guide dog,
23.3
signal dog, or other animal individually trained to provide assistance to a person with a
23.4
disability.
23.5
Subp. 77. Servicing area. "Servicing area" means an operating base location to
23.6
which a mobile temporary food establishment, food cart, retail food vehicle, portable
23.7
structure, special event food stand, cart, or transportation vehicle returns regularly for such
23.8
things as vehicle and equipment cleaning, discharging liquid or solid wastes or refilling
23.9
water tanks and ice bins, and where food, food equipment, and supplies for the business
23.10
are stored loading food.
[For text of subp 78, see M.R.]
23.11
23.12
Subp. 78a. [See repealer.]
23.13
Subp. 78b. Shellfish control authority. "Shellfish control authority" means a state,
23.14
federal, foreign, tribal, or other government entity legally responsible for administering
23.15
a program that includes certification of molluscan shellfish harvesters and dealers for
23.16
interstate commerce.
[For text of subp 79, see M.R.]
23.17
23.18
Subp. 79a. Shiga toxin-producing Escherichia coli or STEC. "Shiga
23.19
toxin-producing Escherichia coli" or "STEC" means any E. coli capable of producing
23.20
Shiga toxins, also called verocytotoxins or Shiga-like toxins. Examples of serotypes of
23.21
STEC include both O157 and non-O157 E. coli.
23.22
23.23
23.24
23.25
Subp. 80. Shucked shellfish. "Shucked shellfish" means molluscan shellfish that
have one 1 or both shells removed.
Subp. 81. Single-service article articles. "Single-service article articles" means a
tableware, carry-out utensil, bag, container, placemat, stirrer, straw, toothpick, wrapper, or
4626.0020
23
05/11/17
REVISOR
SGS/IL
RD4071
24.1
other item utensils, and other items such as bags, containers, placemats, stirrers, straws,
24.2
toothpicks, and wrappers, that is are designed and constructed for one-time, one-person
24.3
use to be used 1 time by 1 person, after which they are intended to be discarded.
24.4
Subp. 82. Single-use article.
[For text of item A, see M.R.]
24.5
24.6
B. Single-use article includes items such as wax paper, butcher paper, plastic
24.7
wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers,
24.8
pickle barrels, ketchup bottles, number 10 cans, and other items that do not meet the
24.9
materials, durability, strength, and cleanability specifications contained in parts 4626.0450,
24.10
4626.0505, and 4626.0515 for multiuse utensils.
24.11
Subp. 83. Slacking. "Slacking" means the process of moderating the temperature
24.12
of a food, including such as allowing a food to gradually increase from a temperature of
24.13
-23 degrees C -10 degrees F (-10 degrees F -23 degrees C) to -4 degrees C 25 degrees F
24.14
(25 degrees F -4 degrees C) in preparation for deep-fat frying or for even heat penetration
24.15
during the cooking of previously block-frozen food such as shrimp.
24.16
24.17
24.18
24.19
24.20
24.21
24.22
Subp. 84. Smooth. "Smooth" means:
A. for a food-contact surface, free of pits and inclusions with a cleanability
equal to or exceeding that of number 3 (100 grit) stainless steel;
B. for a non-food-contact surface of equipment, equal to the surface having a
surface equal to that of commercial grade hot-rolled steel free of visible scale; or
C. for a floor, wall, or ceiling, having an even or level surface with no roughness
or projections that render the surface difficult to clean.
[For text of subp 85, see M.R.]
24.23
24.24
Subp. 86. [See repealer.]
4626.0020
24
05/11/17
REVISOR
25.1
Subp. 87. [See repealer.]
25.2
Subp. 88. [See repealer.]
25.5
RD4071
[For text of subps 89 and 90, see M.R.]
25.3
25.4
SGS/IL
Subp. 90a. Time/temperature control for safety food (TCS).
A. "Time/temperature control for safety food (TCS)" means a food that requires
25.6
time/temperature control for safety to limit pathogenic microorganism growth or toxin
25.7
formation.
25.8
B. TCS includes:
(1) an animal food that is raw or heat-treated; a plant food that is
25.9
25.10
heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes, or
25.11
mixtures of cut tomatoes that are not modified in a way so that they are unable to support
25.12
pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not
25.13
modified in a way so that they are unable to support pathogenic microorganism growth
25.14
or toxin formation; and
25.15
(2) except as specified in item C, subitem (4), a food that because of the
25.16
interaction of its aw and pH values is designated as product assessment (PA) required in
25.17
Table A or B:
25.18
25.19
25.20
TABLE A. Interaction of pH and awfor control of spores in food heat-treated
to destroy vegetative cells and subsequently packaged
aw values
25.21
pH values
4.6 or less
> 4.6 up to 5.6
> 5.6
25.22
≤ 0.92
non-TCS FOOD*
non-TCS FOOD
non-TCS FOOD
25.23
25.24
> 0.92 up to
0.95
non-TCS FOOD
non-TCS FOOD
PA**
25.25
> 0.95
non-TCS FOOD
PA
PA
25.26
* TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
25.27
** PA means Product Assessment required
4626.0020
25
05/11/17
26.1
26.2
26.3
REVISOR
SGS/IL
RD4071
TABLE B. Interaction of pH and aw for control of vegetative cells and spores
in food not heat-treated or heat-treated but not packaged
aw values
26.4
pH values
< 4.2
4.2 - 4.6
> 4.6 - 5.0
> 5.0
26.5
< 0.88
non-TCS food*
non-TCS food
non-TCS food
non-TCS food
26.6
0.88 - 0.90
non-TCS food
non-TCS food
non-TCS food
PA**
26.7
> 0.90 - 0.92
non-TCS food
non-TCS food
PA
PA
26.8
> 0.92
non-TCS food
PA
PA
PA
26.9
* TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD
26.10
** PA means Product Assessment required
26.11
C. TCS does not include:
(1) an air-cooled hard-boiled egg with shell intact, or an egg with shell
26.12
26.13
intact that is not hard-boiled but has been pasteurized to destroy all viable Salmonellae;
(2) a food in an unopened, hermetically sealed container that is
26.14
26.15
commercially processed to achieve and maintain commercial sterility under conditions of
26.16
nonrefrigerated storage and distribution;
(3) a food that because of its pH or aw value, or interaction of aw and pH
26.17
26.18
values, is designated as a non-TCS food in item B, Table A or B;
(4) a food that is designated as product assessment (PA) required in item
26.19
26.20
B, Table A or B, and has undergone a product assessment showing that the growth or
26.21
toxin formation of pathogenic microorganisms that are reasonably likely to occur in that
26.22
food is precluded due to:
(a) intrinsic factors including added or natural characteristics of the
26.23
26.24
food such as preservatives, antimicrobials, humectants, acidulants, or nutrients;
4626.0020
26
05/11/17
REVISOR
SGS/IL
RD4071
(b) extrinsic factors including environmental or operational factors
27.1
27.2
that affect the food such as packaging, modified atmosphere such as reduced oxygen
27.3
packaging, shelf life and use, or temperature range of storage and use; or
27.4
(c) a combination of intrinsic and extrinsic factors; or
(5) a food that does not support the growth or toxin formation of pathogenic
27.5
27.6
microorganisms according to subitems (1) to (4) even though the food may contain a
27.7
pathogenic microorganism or chemical or physical contaminant at a level sufficient
27.8
to cause illness or injury.
27.9
Subp. 90b. USDA. "USDA" means the U.S. Department of Agriculture.
27.10
Subp. 91. Utensil. "Utensil" means a food-contact implement or container used in
27.11
the storage, preparation, transportation, dispensing, sale, or service of food, including
27.12
kitchenware or tableware that is multiuse, single-service, or single-use; gloves used
27.13
in contact with food; and temperature-sensing probes of food temperature measuring
27.14
devices; and probe-type price or identification tags used in contact with food.
27.15
Subp. 92. Vending machine. "Vending machine" means a self-service device that,
27.16
upon insertion of a coin, paper currency, token, card, or key, or by optional manual
27.17
operation, dispenses unit servings of food in bulk or in packages without the necessity of
27.18
replenishing the device between each vending operation.
27.19
Subp. 93. Vending machine location. "Vending machine location" means a the
27.20
room, enclosure, space, or area where one or more vending machines are installed and
27.21
operated and includes the storage and servicing areas and areas on the premises that are
27.22
used in conjunction with to service and maintain the vending machines.
27.23
27.24
Subp. 94. Warewashing. "Warewashing" means the cleaning and sanitizing of
utensils and food-contact surfaces of equipment and utensils.
4626.0020
27
05/11/17
28.1
REVISOR
SGS/IL
RD4071
Subp. 94a. Whole-muscle, intact beef. "Whole-muscle, intact beef" means whole
28.2
muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and
28.3
marinated, from which beef steaks may be cut.
28.4
Subp. 95. [See repealer.]
28.5
Subp. 96. [See repealer.]
28.6
Subp. 97. [See repealer.]
28.7
Subp. 98. [See repealer.]
28.8
28.9
4626.0024 RESPONSIBILITY TO MEET STANDARDS.
The licensee shall meet the standards that this Code prescribes, by carrying out its
28.10
requirements directly or ensuring that other entities subject to the licensee's control or
28.11
direction do so unless otherwise specified. The licensee bears the responsibility for
28.12
complying and for acts and omissions of its employees, vendors, and subcontractors
28.13
with respect to this Code.
28.14
4626.0025 2-101.11 ASSIGNMENT OF PERSON IN CHARGE.* 2-101.11
28.15
The licensee shall be the person in charge or shall designate a person in charge and
28.16
shall ensure that a person in charge is present at the food establishment during all hours
28.17
of operation.P2
28.18
4626.0030 2-102.11 DEMONSTRATION OF KNOWLEDGE BY PERSON IN
CHARGE.* 2-102.11
28.19
28.20
Based on the risks of foodborne illness inherent to the food operation, during
28.21
inspections and upon request by the regulatory authority, the person in charge shall
28.22
demonstrate to the regulatory authority knowledge of foodborne disease prevention,
28.23
application of the hazard analysis critical control point principles when a HACCP plan
28.24
is required under part 4626.1730, and the requirements of the this Code. The areas
28.25
of knowledge are: person in charge shall demonstrate this knowledge by responding
4626.0030
28
05/11/17
REVISOR
SGS/IL
RD4071
29.1
correctly to the inspector's questions as they relate to the specific food operation. The
29.2
areas of knowledge include:
A. describing the relationship between the prevention of foodborne disease and
29.3
29.4
the personal hygiene of a food employee;P2
29.5
B. explaining the responsibility of the person in charge for preventing the
29.6
transmission of foodborne disease by a food employee who has a disease or medical
29.7
condition that may cause foodborne disease;P2
C. identifying the usual symptoms of, modes of transmission of, typical
29.8
29.9
incubation periods for, and most common foods associated with foodborne diseases;
29.10
describing the symptoms associated with diseases that are transmissible through food;P2
29.11
D. explaining the significance of the relationship between maintaining the time
29.12
and temperature of potentially hazardous food TCS food and the prevention of foodborne
29.13
illness;P2
E. explaining the hazards involved in the consumption of raw or undercooked
29.14
29.15
meat, poultry, eggs, and fish;P2
F. stating the required food temperatures and times for safe cooking of
29.16
29.17
potentially hazardous food TCS food including meat, poultry, eggs, and fish;P2
G. stating the required temperatures and times for the safe refrigerated storage,
29.18
29.19
hot holding, cooling, and reheating, and transportation of potentially hazardous of TCS
29.20
food;P2
29.21
29.22
H. describing the relationship between the prevention of foodborne illness and
the management and control of the following:
29.23
(1) cross-contamination;P2
29.24
(2) hand contact with ready-to-eat foods;P2
4626.0030
29
05/11/17
REVISOR
SGS/IL
RD4071
30.1
(3) handwashing;P2and
30.2
(4) maintenance of maintaining the food establishment in a clean condition
30.3
and in good repair;P2
I. describing foods identified as major food allergens and the symptoms that a
30.4
30.5
major food allergen could cause in a sensitive individual who has an allergic reaction;P2
30.6
I J. explaining the relationship between food safety and providing equipment
30.7
that is:
30.8
(1) sufficient in number and capacity;P2and
30.9
(2) properly designed, constructed, located, installed, operated, maintained,
30.10
30.11
30.12
30.13
and cleaned;P2
J K. explaining correct procedures for cleaning and sanitizing utensils and
food-contact surfaces of equipment;P2
K L. identifying the source of water used and measures taken to ensure that the
30.14
water source remains protected from contamination including such as providing protection
30.15
from backflow and precluding the creation of cross connections;P2
30.16
L M. identifying poisonous or toxic materials in the food establishment and the
30.17
procedures necessary to ensure that they are safely stored, dispensed, used, and disposed
30.18
of according to Minnesota Statutes, chapter 18B;P2
30.19
M N. identifying critical control points in the operation from purchasing
30.20
through sale or service that when not controlled may contribute to the transmission of
30.21
foodborne illness, and by explaining the steps to be taken to ensure that the points are
30.22
controlled when a HACCP plan is required by part 4626.1730 according to this Code;P2
30.23
30.24
N O. explaining the details of how the person in charge and food employees
comply with the HACCP plan if a plan is required;P2and
4626.0030
30
05/11/17
31.1
31.2
REVISOR
RD4071
O P. explaining the responsibilities, rights, and authorities assigned by the
this Code to the:
31.3
(1) food employee;P2
31.4
(2) conditional employee;P2
31.5
(2) (3) person in charge;P2 and
31.6
(3) (4) regulatory authority.;P2 and
31.7
SGS/IL
Q. explaining how the person in charge, food employees, and conditional
31.8
employees comply with reporting requirements and explaining the exclusion or restriction
31.9
of a food employee who has a disease or medical condition that may cause foodborne
31.10
disease.P2
31.11
4626.0033 CERTIFIED FOOD PROTECTION MANAGER (CFPM)
REQUIREMENTS FOR FOOD ESTABLISHMENTS.
31.12
31.13
A. A licensee of a food establishment shall employ 1 full-time certified food
31.14
protection manager (CFPM) for each establishment including a food establishment that
31.15
reheats ready-to-eat TCS foods for hot holding, except as provided in item B.
31.16
B. A licensee of a food establishment does not need to employ 1 full-time CFPM:
31.17
(1) where the method of food preparation meets the definition of a low-risk
31.18
food establishment in Minnesota Statutes, section 157.20;
31.19
(2) where it is licensed as a special event food stand;
31.20
(3) where it operates as a retail food vehicle, portable structure, or cart as
31.21
defined in part 4626.0020, subpart 73; or
(4) where food preparation activities are solely limited to one or more of
31.22
31.23
the following:
4626.0033
31
05/11/17
REVISOR
ingredients that are not TCS;
(b) processing raw meat, poultry, fish, or game animals intended
32.3
32.4
for cooking by the consumer; or
(c) heating or serving precooked hot dog or sausage products, popcorn,
32.5
32.6
32.7
32.8
nachos, pretzels, or frozen pizza.
C. Only upon opening or reopening a food establishment, a licensee may
employ 1 full-time employee who:
(1) at the time of opening or reopening meets the requirements in item
32.9
32.10
RD4071
(a) preparing or packaging non-TCS foods that are made from
32.1
32.2
SGS/IL
G, subitem (1); and
32.11
(2) within 60 days of opening or reopening meets the requirements in item B.
32.12
D. A licensee of a food establishment required to employ a CFPM shall display
32.13
32.14
32.15
32.16
an original certificate or duplicate original certificate in the establishment.
E. A licensee of a food establishment that ceases to employ a CFPM shall
employ a new CFPM within 60 days.
F. The duties of the CFPM include:
(1) identifying hazards in the day-to-day operation of the food
32.17
32.18
establishment;
(2) developing or implementing specific policies, procedures, or standards
32.19
32.20
to prevent foodborne illness in the food establishment;
(3) coordinating training, supervising or directing food preparation
32.21
32.22
activities, and taking corrective action as needed in the food establishment to protect
32.23
the health of the consumer; and
4626.0033
32
05/11/17
REVISOR
RD4071
(4) completing in-house self-inspections of daily operations in the food
33.1
33.2
SGS/IL
establishment at a frequency that ensures food safety policies and procedures are followed.
G. The requirements for CFPM initial certification are as specified in this item.
33.3
(1) An applicant for initial certification as a CFPM shall complete a training
33.4
33.5
course and pass an examination that is accepted under item H on the date taken. The
33.6
examination must have been taken within 6 months directly preceding the application for
33.7
certification under subitem (2).
(2) An applicant for initial certification as a CFPM shall submit to the
33.8
33.9
commissioner:
(a) a completed application on a form provided by the commissioner
33.10
33.11
containing the name; telephone number; mailing address, including county; e-mail
33.12
address, if applicable; and Social Security number of the applicant;
(b) documentation of the applicant's qualifications under this subitem
33.13
33.14
and subitem (1); and
(c) the fee specified in Minnesota Statutes, section 157.16, subdivision
33.15
33.16
33.17
2a.
H. The commissioner shall accept only examinations that are evaluated and
33.18
listed by a Conference for Food Protection recognized accrediting agency as conforming
33.19
to the Conference for Food Protection Standards for Accreditation of Food Protection
33.20
Manager Certification Programs.
33.21
I. The requirements for CFPM renewal certification are as specified in this item.
33.22
(1) An applicant for renewal as a CFPM shall successfully complete at least
33.23
4 contact hours of continuing education within the effective dates of the valid certificate.
33.24
The continuing education must meet the requirements of item K.
(2) An applicant for renewal as a CFPM shall submit to the commissioner:
33.25
4626.0033
33
05/11/17
REVISOR
SGS/IL
RD4071
(a) a completed application on a form provided by the commissioner
34.1
34.2
containing the name; telephone number; mailing address, including county; e-mail
34.3
address, if applicable; and Social Security number of the applicant;
(b) documentation of the applicant's qualifications specified in item
34.4
34.5
J; and
(c) the fee specified in Minnesota Statutes, section 157.16, subdivision
34.6
34.7
2a.
(3) An applicant for renewal whose certification expires before the effective
34.8
34.9
date of this rule shall meet the requirements in part 4626.2015, subpart 8. An applicant
34.10
for renewal whose certification expires after the effective date of this rule shall meet the
34.11
requirements in subitem (2) no more than 6 months following the expiration date of the
34.12
certificate. If more than 6 months has elapsed since the expiration date, an applicant for
34.13
renewal shall meet the requirements listed under item G.
34.14
J. Documentation of a continuing education course must include:
34.15
(1) the applicant's name;
34.16
(2) the title of the approved course;
34.17
(3) the number of approved contact hours;
34.18
(4) the course date;
34.19
(5) the instructor name; and
34.20
(6) the instructor's telephone number or e-mail address.
34.21
K. A continuing education course:
34.22
(1) must address food safety and sanitation topics included in this Code;
34.23
(2) must be submitted to and approved by the commissioner before the
34.24
course is offered and when changes to an approved course are proposed;
4626.0033
34
05/11/17
REVISOR
SGS/IL
RD4071
35.1
(3) must be taught in an interactive format approved by the commissioner
35.2
to ensure competency and use an assessment, such as a quiz, test, demonstration, or other
35.3
mechanism, approved by the commissioner to evaluate learning;
35.4
(4) must be a minimum of 1 hour;
35.5
(5) is subject to review; and
35.6
(6) is subject to audit at no cost to the commissioner to verify that instructor
35.7
qualifications, course content, and course length are being met.
L. A continuing education course instructor shall:
35.8
35.9
(1) be a Minnesota CFPM;
35.10
(2) review developments in topics included in approved courses at least
35.11
every 2 years; and
35.12
(3) maintain course records, including attendance records, for 5 years.
35.13
M. Upon review and verification, as needed, of the documents submitted under
35.14
this part, the commissioner shall issue a certificate or a letter of denial within 45 days
35.15
of receiving the application. Grounds for the commissioner to deny an application are
35.16
provided in Minnesota Statutes, section 144.99, subdivision 8, paragraphs (a) and (b).
N. CFPM certificate effective dates and transferability are as specified in this
35.17
35.18
item.
(1) A certificate issued under this section is valid statewide for 3 years from
35.19
35.20
the effective date printed on the certificate.
(2) The effective date of the initial CFPM certificate is the date the
35.21
35.22
applicant passed an approved examination.
(3) The effective date of the renewal CFPM certificate is 1 day after the
35.23
35.24
expiration date of the previous certificate.
4626.0033
35
05/11/17
REVISOR
RD4071
(4) A CFPM certificate is not transferable to another person.
36.1
36.2
SGS/IL
O. The commissioner shall issue a duplicate certificate to replace a lost,
36.3
destroyed, or damaged certificate if the applicant submits a completed application on a
36.4
form provided by the commissioner for a duplicate certificate and pays the fee specified in
36.5
Minnesota Statutes, section 157.16, subdivision 2a.
36.6
4626.0035 2-103.11 DUTIES OF PERSON IN CHARGE. 2-103.11
36.7
36.8
36.9
36.10
The person in charge shall ensure that:
A. ensure food establishment operations are not conducted in a private home or
in a room used as living or sleeping quarters as specified in part 4626.1425;P2
B. ensure persons unnecessary to the food establishment operation are not
36.11
allowed in the food preparation, food storage, or warewashing areas, except that brief
36.12
visits and tours may be authorized by the person in charge if steps are taken to ensure that
36.13
exposed food; clean equipment, utensils, and linens; and unwrapped single-service and
36.14
single-use articles are protected from contamination;P2
36.15
C. ensure employees and other persons, including such as delivery and
36.16
maintenance persons and pesticide applicators, entering the food preparation, food storage,
36.17
and warewashing areas comply with the this Code;P2
36.18
36.19
36.20
D. ensure employees are effectively clean cleaning their hands, by routinely
monitoring the employees' handwashing;P2
E. ensure employees are visibly observe observing foods as they are received to
36.21
determine that they are from approved sources, delivered at the required temperatures,
36.22
protected from contamination, unadulterated, and accurately presented, by routinely
36.23
monitoring the employees' observations and periodically evaluating foods upon their
36.24
receipt;P2
4626.0035
36
05/11/17
37.1
REVISOR
SGS/IL
RD4071
F. ensure employees are verifying that foods delivered to the food establishment
37.2
during nonoperating hours are from approved sources and are placed into appropriate
37.3
storage locations so that they are maintained at the required temperatures, protected from
37.4
contamination, unadulterated, and accurately presented;P2
37.5
F. G. ensure employees are properly cook potentially hazardous cooking
37.6
TCS food, being particularly careful in cooking those foods known to cause severe
37.7
foodborne illness and death, including eggs and comminuted meats, such as through the
37.8
daily oversight of the employees' routine monitoring of the cooking temperatures using
37.9
appropriate temperature measuring devices properly scaled and calibrated as specified in
37.10
parts 4626.0555 and 4626.0820, item B;P2
37.11
G. H. ensure employees use are using proper methods to rapidly cool potentially
37.12
hazardous TCS foods that are not held hot or are not for consumption within four 4 hours,
37.13
through daily oversight of the employees' routine monitoring of food temperatures during
37.14
cooling;P2
37.15
I. ensure employees are properly maintaining the temperatures of TCS foods
37.16
during hot and cold holding through daily oversight of the employees' routine monitoring
37.17
of food temperatures;P2
37.18
J. ensure consumers who order raw or partially cooked ready-to-eat food of
37.19
animal origin are informed as specified in part 4626.0442 that the food is not cooked
37.20
sufficiently to ensure its safety;P2
37.21
H. K. ensure employees are properly sanitize sanitizing cleaned multiuse
37.22
equipment and utensils before they are reused, through routine monitoring of solution
37.23
temperature and exposure time for hot water sanitizing, and chemical concentration, pH,
37.24
temperature, and exposure time for chemical sanitizing;P2 and
4626.0035
37
05/11/17
38.1
REVISOR
SGS/IL
RD4071
I. L. ensure consumers are notified that clean tableware is to be used when they
38.2
return to self-service areas such as salad bars, and buffets, or other self-service areas.
38.3
as specified in part 4626.0290, item B;P2
38.4
M. ensure employees are preventing cross-contamination of ready-to-eat food
38.5
with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs,
38.6
single-use gloves, or dispensing equipment, except as specified in part 4626.0225, item D;P2
38.7
38.8
38.9
N. ensure employees are properly trained in food safety, including food allergy
awareness, as it relates to their assigned duties;P2
O. ensure food employees and conditional employees are informed of their
38.10
responsibility to report, to the person in charge, information about their health and
38.11
activities as they relate to diseases that are transmissible through food, as specified in part
38.12
4626.0040, item A;P2 and
38.13
P. ensure written procedures and plans, where specified by this Code and as
38.14
developed by the food establishment, are maintained and implemented as required.P2
38.15
4626.0040 2-201.11 RESPONSIBILITY OF LICENSEE; PERSON IN CHARGE
TO REQUIRE REPORTING BY; FOOD EMPLOYEES AND APPLICANTS; AND
CONDITIONAL EMPLOYEES.* 2-201.11
38.16
38.17
38.18
A. The licensee shall require food employees and food employee applicants to
38.19
whom a conditional offer of employment is made conditional employees to report to the
38.20
person in charge information about their health and activities as they relate to diseases
38.21
transmissible through food. A food employee or conditional employee shall report the
38.22
information in a manner that allows the person in charge to reduce the risk of foodborne
38.23
disease transmission, including providing necessary additional information, such as the
38.24
date of onset of symptoms and an illness, or of a diagnosis without symptoms, if the
38.25
food employee or conditional employee:
(1) has any of the following symptoms:
38.26
4626.0040
38
05/11/17
REVISOR
SGS/IL
RD4071
39.1
(a) vomiting;P1
39.2
(b) diarrhea;P1
39.3
(c) jaundice;P1
39.4
(d) sore throat with fever;P1 or
39.5
(e) a lesion containing pus such as a boil or infected wound that is
39.6
open or draining and is:
i. on the hands or wrists, unless an impermeable cover such
39.7
39.8
as a finger cot or bandage protects the lesion and a single-use glove is worn over the
39.9
impermeable cover;P1
ii. on exposed portions of the arms, unless the lesion is protected
39.10
39.11
by an impermeable cover;P1 or
iii. on other parts of the body, unless the lesion is covered by a dry,
39.12
39.13
durable, tight-fitting bandage;P1
(2) has an illness diagnosed by a health practitioner due to, or is known
39.14
39.15
to be infected with:
39.16
(a) norovirus;P1
39.17
(b) hepatitis A virus;P1
39.18
(c) Salmonella spp.;P1
39.19
(d) Shigella spp.;P1
39.20
(e) Shiga toxin-producing Escherichia coli;P1 or
39.21
(f) other enteric bacterial, viral, or parasitic pathogens;P1 or
39.22
(3) has been exposed to, or is the suspected source of, a probable or
39.23
confirmed disease outbreak within the last 30 days.P1
4626.0040
39
05/11/17
40.1
REVISOR
SGS/IL
RD4071
B. A food employee or applicant shall report to The person in charge if the food
40.2
employee or applicant has a symptom caused by illness, infection, or other source that is
40.3
shall notify the regulatory authority of a food employee known to be infected with:
40.4
(1) associated with diarrhea, vomiting, or other acute gastrointestinal illness;
40.5
(2) jaundice; or
40.6
(3) a boil, infected wound, or other lesion containing pus that is open
40.7
or draining and is:
(a) on the hands or wrists, unless a finger cot, stall, or other impermeable
40.8
40.9
cover protects the lesion and a single-use glove is worn over the impermeable cover;
(b) on exposed portions of the arms, unless the lesion is protected by
40.10
40.11
an impermeable cover; or
(c) on other parts of the body, unless the lesion is covered by a dry,
40.12
40.13
durable, tight-fitting bandage.
40.14
(1) norovirus;P1
40.15
(2) hepatitis A virus;P1
40.16
(3) Salmonella spp.;P1
40.17
(4) Shigella spp.;P1
40.18
(5) Shiga toxin-producing Escherichia coli;P1 or
40.19
(6) other enteric bacterial, viral, or parasitic pathogens.P1
40.20
C. The food employee or applicant shall report to the person in charge if the
40.21
food employee or applicant is known to be infected with: The person in charge shall
40.22
record all reports of diarrhea or vomiting made by food employees and report those
40.23
illnesses to the regulatory authority at the specific request of the regulatory authority.P1
4626.0040
40
05/11/17
REVISOR
enteric bacterial pathogen; or
(2) the hepatitis A virus.
41.3
41.4
RD4071
(1) Salmonella spp., Shigella spp., Escherichia coli 0157:H7, or other
41.1
41.2
SGS/IL
D. A food employee or applicant shall report the date of onset of any of the
41.5
symptoms or illness specified in this part. The person in charge shall notify the regulatory
41.6
authority of any complaint from a consumer having or suspected of having:
41.7
(1) diarrhea or vomiting;P1
41.8
(2) norovirus;P1
41.9
(3) hepatitis A virus;P1
41.10
(4) Salmonella spp.;P1
41.11
(5) Shigella spp.;P1
41.12
(6) Shiga toxin-producing Escherichia coli;P1 or
41.13
(7) other enteric bacterial, viral, or parasitic pathogens.P1
41.14
E. A food employee or conditional food employee shall:
(1) report to the person in charge the information specified in part
41.15
41.16
4626.0040, item A;P1 and
(2) comply with exclusions and restrictions specified in part 4626.0045.P1
41.17
41.18
41.19
41.20
41.21
41.22
41.23
4626.0045 2-201.12 EXCLUSIONS AND RESTRICTIONS.* 2-201.12
The person in charge shall:
A. exclude a food employee from a food establishment if the food employee is
ill with vomiting or diarrhea;P1
B. restrict exclude a food employee from working with exposed food, clean
equipment, and clean utensils in a food establishment if the food employee has an enteric
4626.0045
41
05/11/17
REVISOR
SGS/IL
RD4071
42.1
bacterial, viral, or parasitic pathogen capable of being transmitted by food, including such
42.2
as norovirus, Salmonella spp., Shigella spp., hepatitis A or Escherichia coli 0157:H7,
42.3
until the Department of Health and the licensing regulatory authority have evaluated the
42.4
potential for foodborne disease transmission Shiga toxin-producing E. coli;P1 and
42.5
C. restrict an employee if the results of an epidemiological investigation by
42.6
the commissioner of health under Minnesota Statutes, section 31.171, determines that a
42.7
food employee or applicant conditional employee presents a risk for transmission of
42.8
foodborne disease.;P1 and
42.9
D. restrict an employee if the employee is infected with a skin lesion containing
42.10
pus such as a boil or infected wound that is open or draining and not properly covered as
42.11
specified in part 4626.0040, item A, subitem (1), unit (e).P1
42.12
4626.0050 2-201.13 REMOVAL OF RESTRICTION, ADJUSTMENT, OR
RETENTION OF EXCLUSIONS AND RESTRICTIONS. 2-201.13
42.13
42.14
The exclusion specified in part 4626.0045, item A, may be removed by the person
42.15
in charge after the food employee has been asymptomatic for at least 24 hours. The
42.16
exclusion and restriction specified in part 4626.0045, item items B and C, shall must
42.17
remain in effect for a food employee until the Department of Health commissioner and
42.18
the licensing regulatory authority complete an investigation of the confirmed disease
42.19
outbreak and determines determine that there is no longer a the risk of foodborne disease
42.20
transmission has been adequately mitigated.P1
42.21
4626.0065 2-301.11 CLEAN CONDITION HANDS.* 2-301.11
42.22
42.23
A food employee shall keep hands and exposed portions of arms clean.P1
4626.0070 2-301.12 CLEANING PROCEDURE.* 2-301.12
42.24
A food employee shall clean the hands and exposed portions of the arms with a
42.25
cleaning compound in a handwashing lavatory in the food preparation area that is equipped
42.26
as specified in part 4626.1050, item A, by vigorously rubbing together the surfaces of the
4626.0070
42
05/11/17
REVISOR
SGS/IL
RD4071
43.1
lathered hands and arms for at least 20 seconds and thoroughly rinsing with clean water.
43.2
An employee shall pay particular attention to the areas underneath the fingernails and
43.3
between the fingers by scrubbing thoroughly with a nail brush.
43.4
A. Except as specified in item D, food employees shall clean their hands and
43.5
exposed portions of their arms, including surrogate prosthetic devices for hands or arms
43.6
for at least 20 seconds, using soap in a handwashing sink that is equipped as specified in
43.7
parts 4626.1050 and 4626.1440 to 4626.1457.P1
43.8
B. Food employees shall use the following cleaning procedure in the order stated
43.9
to clean their hands and exposed portions of their arms, including surrogate prosthetic
43.10
devices for hands and arms:
43.11
(1) rinse under clean, running warm water;P1
43.12
(2) apply an amount of soap recommended by the soap manufacturer;P1
43.13
(3) rub together vigorously for at least 10 to 15 seconds while:
(a) paying particular attention to removing soil from underneath the
43.14
43.15
fingernails during the cleaning procedure;P1 and
(b) create friction on the surfaces of the hands and arms or surrogate
43.16
43.17
prosthetic devices for hands and arms, finger tips, and areas between the fingers;P1
43.18
(4) thoroughly rinse under clean, running warm water;P1 and
43.19
(5) immediately follow the cleaning procedure with thorough drying using
43.20
43.21
a method as specified in part 4626.1445.P1
C. To avoid recontaminating hands or surrogate prosthetic devices, food
43.22
employees shall use disposable paper towels or similar clean barriers when touching
43.23
surfaces such as manually operated faucet handles on a handwashing sink or the handle
43.24
of a restroom door.
4626.0070
43
05/11/17
44.1
REVISOR
SGS/IL
RD4071
D. If approved and capable of removing the types of soils encountered in the
44.2
food operations involved, an automatic handwashing facility may be used by a food
44.3
employee to clean hands or surrogate prosthetic devices.
44.4
4626.0075 2-301.14 WHEN TO WASH HANDS.* 2-301.14
44.5
44.6
44.7
A food employee shall clean the hands and exposed portions of the arms or surrogate
prosthetic devices as specified in part 4626.0070 at the following times:
A. immediately before:
44.8
(1) engaging in food preparation including working with exposed food;P1
44.9
(2) touching clean equipment and utensils;P1 and
44.10
(3) touching unwrapped single-service and single-use articles;P1
44.11
A. B. after touching bare human body parts other than clean hands and clean,
44.12
exposed portions of arms; after defecating, contacting body fluids and discharges, or
44.13
handling waste containing fecal matter, body fluids, or body discharges; and before
44.14
beginning or returning to work or surrogate prosthetic devices;P1
44.15
B. C. after using the toilet, at a handwash lavatory, in the toilet room;P1
44.16
C. D. after caring for or handling support service animals or fish in an aquarium
44.17
or mulluscan shellfish or crustacea in display tanks as allowed specified in part 4626.0120,
44.18
item B;P1
44.19
44.20
D. E. except as specified in part 4626.0105, item B, after coughing, sneezing,
using a handkerchief or disposable tissue, using tobacco, eating, or drinking;P1
44.21
E. F. after handling soiled equipment or utensils;P1
44.22
F. G. immediately before engaging in food preparation including working with
44.23
exposed food, clean utensils, and unwrapped single-service and single-use articles in the
4626.0075
44
05/11/17
REVISOR
SGS/IL
RD4071
45.1
food preparation area during food preparation, as often as necessary to remove soil and
45.2
contamination and to prevent cross-contamination when changing tasks;P1
45.3
G. H. during food preparation, as often as necessary to remove soil and
45.4
contamination and to prevent cross-contamination when changing tasks when switching
45.5
between working with raw food and working with ready-to-eat food;P1
45.6
45.7
45.8
45.9
H. I. when switching between working with raw foods and working with
ready-to-eat foods; or before donning gloves for working with food;P1 and
I. J. after engaging in other activities that contaminate the hands.P1
4626.0080 2-301.15 WHERE TO WASH HANDS. 2-301.15
45.10
A Food employee employees shall clean the their hands in a handwashing lavatory
45.11
sink or approved automatic handwashing facility and shall not clean the their hands in a
45.12
sink used for food preparation or warewashing or in a service sink or a curbed cleaning
45.13
facility used for the disposal of mop water or similar liquid waste.P2
45.14
4626.0085 2-301.16 HAND SANITIZERS ANTISEPTICS. 2-301.16
45.15
A. A hand sanitizer or hand sanitizing solution shall be used antiseptic used as
45.16
a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic
45.17
soap must:
(1) according to the rules adopted under Minnesota Statutes, section
45.18
45.19
31.101; or comply with 1 of the following requirements:
(a) be an approved drug that is listed in the FDA publication Approved
45.20
45.21
Drug Products with Therapeutic Equivalence Evaluations as an approved drug based
45.22
on safety and effectiveness;P2 or
(b) have active antimicrobial ingredients that are listed in the FDA
45.23
45.24
monograph for OTC Health-Care Antiseptic Drug Products as an antiseptic handwash;P2
4626.0085
45
05/11/17
REVISOR
SGS/IL
RD4071
(2) if consisting of or made up of a chemical formulation that is not
46.1
46.2
generally recognized as safe under Code of Federal Regulations, title 21, parts 182 and
46.3
184, or that is not listed for use as a hand sanitizer under Code of Federal Regulations,
46.4
title 21, section 178.1010, only if consist only of components that the intended use of
46.5
each complies with one of the following:
(a) followed by thorough hand rinsing in clean water or the use
46.6
46.7
of gloves a threshold of regulation exemption under Code of Federal Regulations, title
46.8
21, section 170.39;P2 or
(b) used where there is no direct contact with food by the hands. Code
46.9
46.10
of Federal Regulations, title 21, section 178, as regulated for use as a food additive with
46.11
conditions of safe use;P2
(c) a determination of generally recognized as safe (GRAS). Partial
46.12
46.13
listings of substances with food uses that are GRAS may be found in Code of Federal
46.14
Regulations, title 21, sections 182, 184, and 186, and in the FDA's inventory of GRAS
46.15
notices;P2
(d) a prior sanction listed under Code of Federal Regulations, title
46.16
46.17
21, section 181;P2 or
(e) a food-contact notification that is effective;P2 and
46.18
(3) be applied only to hands that are cleaned as specified in part 4626.0070.P2
46.19
46.20
B. A chemical hand sanitizing solution used as a hand dip shall be maintained
46.21
clean and at a strength equivalent to 100 mg/L chlorine or above. If a hand antiseptic or
46.22
a hand antiseptic solution used as a hand dip does not meet the criteria under item A,
46.23
subitem (2), use must be:
(1) followed by thorough hand rinsing in clean water before hand contact
46.24
46.25
with food or by the use of gloves;P2 or
4626.0085
46
05/11/17
REVISOR
bare hands.P2
C. A hand antiseptic solution used as a hand dip must be maintained clean and
47.3
47.4
at a strength equivalent to at least 100 mg/L of chlorine.P2
47.5
4626.0090 2-302.11 FINGERNAIL MAINTENANCE. 2-302.11
A. A Food employee employees shall keep the their fingernails trimmed, filed,
47.6
47.7
free of nail polish, and maintained so the edges and surfaces are cleanable and not rough.P2
B. Unless wearing intact gloves in good repair, food employees must not wear
47.8
47.9
fingernail polish or artificial fingernails when working with exposed food.
47.10
4626.0095 2-303.11 JEWELRY PROHIBITION. 2-303.11
47.11
RD4071
(2) limited to situations that involve no direct contact with food by the
47.1
47.2
SGS/IL
While preparing food, a Food employee employees shall not wear jewelry, including
47.12
medical information jewelry, on the their arms and hands while preparing food, except
47.13
for a plain ring such as a flat, smooth band. This part does not apply to a wedding band
47.14
or other plain ring.
47.15
4626.0100 2-304.11 CLOTHING; CLEAN CONDITION. 2-304.11
47.16
A food employee shall wear clean outer clothing. When moving from a raw food
47.17
operation to a ready-to-eat food operation, a food employee shall wear a clean outer
47.18
covering over clothing or change to clean clothing if clothing is soiled to prevent
47.19
contamination of food, equipment, utensils, linens, and single-service and single-use
47.20
articles.
47.21
4626.0105 2-401.11 EATING, DRINKING, OR USING TOBACCO.* 2-401.11
[For text of items A and B, see M.R.]
47.22
4626.0105
47
05/11/17
48.1
48.2
REVISOR
SGS/IL
RD4071
4626.0110 2-401.12 DISCHARGES FROM EYES, NOSE, AND MOUTH.* 2-401.12
A food employee experiencing persistent sneezing, coughing, or a runny nose that
48.3
causes discharges from the eyes, nose, or mouth shall not work with exposed food; clean
48.4
equipment, utensils, and linens; or unwrapped single-service or single-use articles.
48.5
4626.0115 2-402.11 HAIR RESTRAINTS; EFFECTIVENESS. 2-402.11
48.6
A. Except as provided under in item B, a food employee shall wear hair
48.7
restraints, such as a hat, hair covering, or net, or other hair restraint, a beard restraint, and
48.8
clothing that covers body hair, all of which are. Hair restraints must be designed and worn
48.9
to effectively keep hair from contacting exposed food; clean equipment, utensils, and
48.10
linens; and unwrapped single-service and single-use articles.
48.11
B. This part does not apply to food employees such as counter staff who only
48.12
serve beverages and wrapped or packaged foods, hostesses, or wait staff, or other food
48.13
employees if they present a minimal risk of contaminating exposed food; clean equipment,
48.14
utensils, and linens; and unwrapped single-service and single-use articles.
48.15
4626.0120 2-403.11 ANIMAL HANDLING PROHIBITION.* 2-403.11
48.16
A. Except as specified in item B, a food employee shall not care for or handle
48.17
animals that may be present such as patrol dogs, support service animals, pets, or other
48.18
animals or animals that are allowed under part 4626.1585, item B, subitems (2) to (4) (5).P2
48.19
B. A food employee with a support service animal may handle or care for the
48.20
support service animal if the employee washes their hands as specified in part 4626.0070
48.21
before working with exposed food; clean equipment, utensils, and linens; or unwrapped
48.22
single-service and single-use articles and a food employee may handle or care for fish in
48.23
an aquarium or molluscan shellfish or crustacea in display tanks if the food employee's
48.24
hands are washed as specified in part 4626.0070.P2
4626.0120
48
05/11/17
49.1
49.2
REVISOR
SGS/IL
RD4071
4626.0123 CLEANUP OF VOMITING AND DIARRHEAL EVENTS. 2-501.11
A food establishment must have procedures for employees to follow when responding
49.3
to events that involve the discharge of vomitus or fecal matter onto surfaces in the food
49.4
establishment. The procedures must address the specific actions employees shall take to
49.5
minimize the spread of contamination and the exposure of employees, consumers, food,
49.6
and surfaces to vomitus or fecal matter.P2
49.7
4626.0125 3-101.11 NOT ADULTERATED, MISBRANDED, OR FALSELY
ADVERTISED SAFE AND NOT ADULTERATED. 3-101.11
49.8
49.9
Food shall not must be adulterated, and safe and not adulterated, as specified in part
49.10
4626.0430, shall not be misbranded or falsely advertised Minnesota Statutes, section
49.11
34A.02.P1
49.12
4626.0130 3-201.11 COMPLIANCE WITH FOOD LAW.* 3-201.11
49.13
49.14
A. Food shall must be obtained from sources that comply with: Minnesota
Statutes, Minnesota Rules, and United States Code and Code of Federal Regulations.P1
49.15
(1) United States Code, title 15, sections 1451 to 1461;
49.16
(2) United States Code, title 21, sections 301 to 395;
49.17
(3) United States Code, title 21, sections 451 to 471;
49.18
(4) United States Code, title 21, sections 601 to 695;
49.19
(5) Code of Federal Regulations, title 7, parts 46 to 51;
49.20
(6) Code of Federal Regulations, title 9, parts 301 to 391;
49.21
(7) Code of Federal Regulations, title 21, parts 1 to 189;
49.22
(8) Code of Federal Regulations, title 40, parts 104 to 135;
49.23
(9) Code of Federal Regulations, title 40, parts 152 to 186;
49.24
(10) Code of Federal Regulations, title 50, parts 260 to 285;
4626.0130
49
05/11/17
REVISOR
SGS/IL
RD4071
50.1
(11) Minnesota Statutes, chapters 29, 30, 31, 31A, 32, 33, and 34; and
50.2
(12) chapters 1520, 1525, 1530, 1535, 1540, 1545, 1550, and 1555 and
50.3
part 4630.2700.
50.4
B. Food prepared or stored in a private home must not be used or offered for
50.5
human consumption in a food establishment, except as allowed by Minnesota Statutes,
50.6
sections 28A.15 and 157.22, clauses (6) and (7), food prepared or stored in a private home
50.7
shall not be used or offered for human consumption in a food establishment.P1
C. Packaged food shall must be labeled as specified in parts 4626.0200,
50.8
50.9
4626.0205, and 4626.0435. Minnesota Statutes and Minnesota Rules, including parts
50.10
4626.0200, 4626.0202, and 4626.0435.P2
D. Fish, other than molluscan shellfish, that are intended for consumption in
50.11
50.12
raw or undercooked form and allowed as specified in part 4626.0340, item C, subitem (1),
50.13
shall D, may be offered for sale or service if they are obtained from a supplier that freezes
50.14
the fish as specified in part 4626.0350; or shall be frozen on the premises as specified in
50.15
part 4626.0350 and records shall must be retained as specified in part 4626.0355.
E. Whole-muscle, intact beef steaks that are intended for consumption in an
50.16
50.17
undercooked form without a consumer advisory as specified in part 4626.0340, item C,
50.18
must be:
(1) obtained from a food processing plant that, upon request by the
50.19
50.20
purchaser, packages the steaks and labels them, to indicate that the steaks meet the
50.21
definition of whole-muscle, intact beef;P2 or
(2) deemed acceptable by the regulatory authority based on other evidence,
50.22
50.23
such as written buyer specifications or invoices, that indicates that the steaks meet the
50.24
definition of whole-muscle, intact beef;P2 and
(3) if individually cut in a food establishment:
50.25
4626.0130
50
05/11/17
REVISOR
RD4071
(a) cut from whole-muscle, intact beef that is labeled by a food
51.1
51.2
SGS/IL
processing plant as specified in subitem (1) or identified as specified in subitem (2);P2
51.3
(b) prepared so they remain intact;P2 and
51.4
(c) if packaged for undercooking in a food establishment, labeled as
51.5
51.6
specified in subitem (1) or identified as specified in subitem (2).P2
F. Meat and poultry that is not a ready-to-eat food and is in a packaged form
51.7
when it is offered for sale or otherwise offered for consumption, must be labeled to include
51.8
safe handling instructions as specified in law, including Code of Federal Regulations.
51.9
G. Eggs that have not been specifically treated to destroy all viable Salmonellae
51.10
must be labeled to include safe handling instructions as specified in law, including Code
51.11
of Federal Regulations.
51.12
4626.0135 3-201.12 FOOD IN HERMETICALLY SEALED CONTAINER;
SOURCES.* 3-201.12
51.13
51.14
Food in a hermetically sealed container shall must be obtained from a food processing
51.15
plant that is regulated by the food regulatory agency that has jurisdiction over the plant.P1
51.16
4626.0140 3-201.13 FLUID MILK AND MILK PRODUCTS; SOURCES.* 3-201.13
51.17
A. Fluid milk and fluid milk products shall must be obtained from sources that
51.18
51.19
51.20
comply with Grade A standards specified in Minnesota Statutes, chapter 32.P1
B. Dry milk and dry milk products used or offered for sale shall be made from
pasteurized milk and milk products.
51.21
C. All ice cream, frozen custard, ice milk, milk sherbet, fruit or ice sherbet,
51.22
yogurt, frozen malted milk, and other frozen dairy food shall comply with Minnesota
51.23
Statutes, chapter 32.
51.24
4626.0145 3-201.14 FISH.* 3-201.14
51.25
A. Fish that are received for sale or service shall must be:
4626.0145
51
05/11/17
REVISOR
SGS/IL
RD4071
(1) commercially and legally caught or harvested as prescribed in chapters
52.1
52.2
1545 and 6200, and Minnesota Statutes, section 31.11 and chapters 97A and 97C, and
52.3
Code of Federal Regulations, title 21, section 123;P1 or
(2) approved for sale or service.P1
52.4
52.5
B. Molluscan shellfish that are recreationally caught shall must not be received
52.6
for sale or service.P1
52.7
4626.0150 3-201.15 MOLLUSCAN SHELLFISH.* 3-201.15
52.8
A. Molluscan shellfish shall must be obtained from sources according to Code
52.9
of Federal Regulations, title 21, section 123, and the requirements specified in the United
52.10
States U.S. Department of Health and Human Services, Public Health Service, Food and
52.11
Drug Administration, National Shellfish Sanitation Program Manual of Operations, Part I
52.12
Sanitation of Shellfish Growing Areas, and Part II Sanitation of the Harvesting, Processing
52.13
and Distribution of Shellfish (1990 revision). The operations manual is incorporated by
52.14
reference and is available through the Minitex interlibrary loan system or from the United
52.15
States Food and Drug Administration, Shellfish Sanitation Branch, 200 "C" Street S.W.,
52.16
Washington D.C., 20204. The manual is not subject to frequent change. Guide for the
52.17
Control of Molluscan Shellfish. The guide is incorporated by reference and is available
52.18
through ..... The guide is not subject to frequent change.P1
52.19
B. Molluscan shellfish received in interstate commerce shall must be from
52.20
sources listed in the United States Department of Health and Human Services, Public
52.21
Health Service, Food and Drug Administration, Interstate Certified Shellfish Shippers List
52.22
(1987 and subsequent editions). The list is incorporated by reference and is available
52.23
through the Minitex interlibrary loan system or from the United States Food and Drug
52.24
Administration, Shellfish Sanitation Branch, 200 "C" Street S.W., Washington D.C.,
52.25
20204. The list is subject to frequent change. Interstate Certified Shellfish Shippers List.
4626.0150
52
05/11/17
REVISOR
SGS/IL
RD4071
53.1
The list is incorporated by reference and is available through ..... The list is subject to
53.2
frequent change.P1
53.3
4626.0155 3-201.16 WILD MUSHROOMS.* 3-201.16
53.4
A. Except as specified in item B, mushroom species picked in the wild
53.5
shall be obtained from sources where each mushroom is individually inspected and
53.6
found to be safe by a mushroom identification expert whose expertise has been verified
53.7
and approved by the regulatory authority through the successful completion of a wild
53.8
mushroom identification course provided by either an accredited college or university or
53.9
a mycological society. An individual who wants to be approved as a wild mushroom
53.10
identification expert shall have on file with the regulatory authority a letter from an
53.11
accredited college or university certifying successful completion of a wild mushroom
53.12
identification course from an accredited college or university.
53.13
B. This part does not apply to:
(1) cultivated wild mushrooms species that are grown, harvested, and
53.14
53.15
processed in an operation that is regulated by the food regulatory agency that has
53.16
jurisdiction over the operation; or
(2) wild mushrooms species if they are in packaged form and are the
53.17
53.18
product of a food processing plant that is regulated by the food regulatory agency that has
53.19
jurisdiction over the plant.
53.20
A. All wild mushroom species served in a retail food establishment must be
53.21
obtained from sources where each mushroom is individually inspected and found to be
53.22
safe by a certified mushroom harvester, except as specified in item E.P1
53.23
53.24
B. All wild mushroom species served in a retail food establishment must have
a written buyer specification, except as specified in item E. The buyer must retain the
4626.0155
53
05/11/17
REVISOR
SGS/IL
RD4071
54.1
written buyer specification for 90 days from the date of sale or service. The written buyer
54.2
specification must include all of the following information:
(1) identification of each mushroom species by the scientific and common
54.3
54.4
or usual name;P2
54.5
(2) date of sale;P2
54.6
(3) quantity by weight, fresh or dried, of each species sold;P2
54.7
(4) a statement indicating that each mushroom was identified in its fresh
54.8
state;P2
(5) the name, address, and telephone number of the mushroom harvester;P2
54.9
54.10
and
(6) verification that the seller is listed on the Minnesota Department of
54.11
54.12
54.13
Agriculture's registry of wild mushroom harvesters.P2
C. The mushroom harvester shall retain for 90 days all records of wild
54.14
mushrooms sold to any retail food establishments. These records must include all of
54.15
the following information:
54.16
(1) identification of the mushrooms by the scientific and common name;P2
54.17
(2) the country, state, and county location of harvest;P2
54.18
(3) the date of harvest;P2
54.19
(4) the names of the retail food establishments where wild mushrooms
54.20
were sold;P2
54.21
(5) the dates of sale;P2 and
54.22
(6) the quantities by weight, fresh or dried, of each species sold.P2
54.23
D. Except as specified in item E, any retail food establishment serving wild
54.24
mushrooms must inform consumers of the risk of consuming wild mushrooms by way of a
4626.0155
54
05/11/17
REVISOR
SGS/IL
RD4071
55.1
disclosure using brochures, deli case or menu advisories, table tents, placards, or other
55.2
written means. A disclosure must include the statement: "Wild mushrooms are not an
55.3
inspected product and are harvested from a noninspected site."P2
55.4
E. This part does not apply to:
(1) cultivated mushroom species that are grown, harvested, and processed
55.5
55.6
in an operation that is licensed and inspected by a food regulatory agency; and
(2) wild mushrooms that are packaged and are the product of a processing
55.7
55.8
plant that is licensed and inspected by a food regulatory agency.
55.9
4626.0156 CERTIFIED WILD MUSHROOM HARVESTER.
55.10
A. A certified wild mushroom harvester shall have successfully completed a
55.11
wild mushroom identification training program provided by an accredited college or
55.12
university or state mycological society. The training program must include a component
55.13
of actual identification of physical specimens of mushroom species.
55.14
B. A document must be issued by an accredited college or accredited university
55.15
or mycological society certifying the mushroom harvester's successful completion of the
55.16
wild mushroom identification course and specifying the species of wild mushroom the
55.17
harvester is qualified to identify.
55.18
55.19
55.20
C. The mushroom harvester shall submit the document identified in item B to
the Department of Agriculture.
D. A wild mushroom harvester's certification documents will be verified by the
55.21
Minnesota Department of Agriculture. The Minnesota Department of Agriculture will
55.22
maintain these documents on file and maintain a registry of all wild mushroom harvesters.
55.23
4626.0160 3-201.17 GAME ANIMALS.* 3-201.17
55.24
A. Game animals commercially raised for food shall must be raised,
55.25
slaughtered, and processed under an inspection program that is conducted by the United
4626.0160
55
05/11/17
REVISOR
SGS/IL
RD4071
56.1
States Department of Agriculture USDA under Code of Federal Regulations, title 9,
56.2
part 352, or the Minnesota Department of Agriculture under Minnesota Statutes, section
56.3
17.452, subdivision 8.P1
56.4
56.5
B. Exotic species of animals, including animals raised for exhibition purposes
in a zoo or circus, shall must:
(1) comply with item A, or receive antemortem and postmortem
56.6
56.7
examination by a veterinarian or a veterinarian's designee, approved by the regulatory
56.8
authority;P1 and
(2) be slaughtered and processed according to Minnesota Statutes, chapters
56.9
56.10
31 and 31A, and rules adopted thereunder governing meat and poultry as determined
56.11
by the United States Department of Agriculture USDA as specified in Code of Federal
56.12
Regulations, title 9, or under laws and rules of another state that are equivalent to the
56.13
Minnesota laws and rules specified in this part.P1
56.14
C. Wild game animals lawfully taken and donated according to part 6214.0100
56.15
6230.1500 and Minnesota Statutes, section 97A.505, and donated to a charitable
56.16
organization registered under Minnesota Statutes, chapter 309, are approved if:
56.17
(1) only pure wild game is animals are donated;P1
56.18
(2) the intact animal is properly cleaned, stored, and processed in an
56.19
establishment that complies with chapters 1540 and 1545, and Minnesota Statutes,
56.20
chapters 28A, 31, 31A, and 157, as those rules and laws relate to the licensing, processing,
56.21
and storage of food;P1
56.22
(3) evisceration was accomplished within two 2 hours after harvest;P1 and
56.23
(4) cooked to at least 74 degrees C (165 degrees F); and
4626.0160
56
05/11/17
REVISOR
SGS/IL
RD4071
(5) (4) a written sanitation standard operating procedure that includes the
57.1
57.2
entire process used to eliminate the possibility of cross-contamination from wild game
57.3
animal processing to retail products is implemented and available for inspection.P1
57.4
4626.0165 3-202.11 TEMPERATURE FOOD TEMPERATURES; RECEIVING.*
3-202.11
57.5
57.6
A. Except as specified in item items B and C, refrigerated, potentially hazardous
57.7
TCS food shall must be at a temperature of 5 degrees C 41 degrees F (41 degrees F 5
57.8
degrees C) or below when received.P1
57.9
B. If a temperature other than 5 degrees C 41 degrees F (41 degrees F 5 degrees
57.10
C) for a potentially hazardous TCS food is specified in law governing its distribution,
57.11
including such as laws governing milk, and molluscan shellfish, and shell eggs, the food
57.12
may be received at the specified temperature. A food may be received at the temperature
57.13
specified in:
57.14
(1) Minnesota Statutes, section 29.23, subdivisions 3 and 4, for eggs;
57.15
(2) parts 1550.0960, 1550.0970, and 1550.0980, for readily perishable,
57.16
frozen, and hot food; and
(3) the National Shellfish Sanitation Program Manual of Operations, Part
57.17
57.18
57.19
57.20
57.21
II, section B, as the manual is described in part 4626.0150, item A.
C. Raw eggs must be received in refrigerated equipment that maintains an
ambient air temperature of 45 degrees F (7 degrees C) or less.P1
C. D. Potentially hazardous TCS food that is has been cooked to a temperature
57.22
and for a time specified in parts 4626.0340 and 4626.0345 4626.0347 and received hot
57.23
shall must be at a temperature of 60 degrees C (140 degrees F) 135 degrees F (57 degrees
57.24
C) or above.P1
4626.0165
57
05/11/17
E. F. Upon receipt, potentially hazardous TCS food shall must be free of
58.4
evidence of previous temperature abuse.P2
58.5
4626.0170 3-202.12 FOOD ADDITIVES.* 3-202.12
Food shall must not contain:
A. unapproved food additives or additives that exceed amounts allowed
58.7
58.8
specified in Code of Federal Regulations, title 21, parts 170 to 180;
B. generally recognized as safe or prior sanctioned substances that exceed
58.9
58.10
amounts allowed specified in Code of Federal Regulations, title 21, parts 181 to 186;
C. substances that exceed amounts specified in Code of Federal Regulations,
58.11
58.12
title 9, subpart C, section 318.7 424.21(b); or
D. pesticide residues that exceed provisions specified in Code of Federal
58.13
58.14
Regulations, title 40, part 185 180.P1
58.15
4626.0175 3-202.13 SHELL EGGS.* 3-202.13
58.16
RD4071
plant shall must be received frozen.P2
58.3
58.6
SGS/IL
D. E. A food that is labeled frozen and shipped frozen by a food processing
58.1
58.2
REVISOR
Shell Eggs shall must be received clean and sound and shall:
A. must not exceed the restricted egg tolerances for United States U.S.
58.17
58.18
Consumer Grade B specified in Code of Federal Regulations, title 7, parts 56 and 59 U.S.
58.19
Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered
58.20
by the Agricultural Marketing Service of the USDA, which is incorporated by reference
58.21
and is available through ..... The U.S. Standards, Grades, and Weight Classes for Shell
58.22
Eggs is ..... subject to frequent change;P1 and
B. comply with parts 1520.1200 to 1520.2000 and Minnesota Statutes, chapter
58.23
58.24
29.P1
4626.0175
58
05/11/17
59.1
REVISOR
SGS/IL
RD4071
4626.0177 EGG AND MILK PRODUCTS; PASTEURIZED. 3-202.14
59.2
A. Egg products must be obtained pasteurized.P1
59.3
B. Fluid and dry milk and milk products must be obtained and pasteurized as
59.4
specified in Minnesota Statutes, chapter 32, and comply with standards as specified in
59.5
Minnesota Statutes, chapter 32.P1
59.6
C. Frozen milk products, such as ice cream, must be obtained pasteurized
59.7
as specified in Code of Federal Regulations, title 21, part 135, and must comply with
59.8
Minnesota Statutes, chapter 32.P1
59.9
D. Cheese must be obtained pasteurized unless alternative procedures to
59.10
pasteurization are specified in Code of Federal Regulations, title 21, part 133, and
59.11
Minnesota Statutes, section 32.482.P1
59.12
4626.0190 3-202.16 PACKAGE INTEGRITY.* 3-202.15
59.13
Food packages shall must be in good condition and protect the integrity of the
59.14
contents so that the food is not exposed to adulteration or potential contaminants.P2
59.15
4626.0195 3-202.17 ICE.* 3-202.16
59.16
59.17
59.18
59.19
59.20
Ice for use as a food or a cooling medium shall must be made from drinking water.P1
4626.0200 3-202.18 SHUCKED SHELLFISH; PACKAGING AND
IDENTIFICATION. 3-202.17
A. Raw shucked shellfish shall must be obtained in nonreturnable packages
that bear a legible label that identifies:P2
(1) the name, address, and certification number of the shucker-packer or
59.21
59.22
repacker of the molluscan shellfish;P2 and
59.23
(2) the "sell by" or "best if used by" date for packages with a capacity
59.24
of less than 1.87 liter (one-half gallon) 1/2 gallon (1.89 liter) or the date shucked for
59.25
packages with a capacity of 1.87 liter (one-half gallon) 1/2 gallon (1.89 liter) or more.P2
4626.0200
59
05/11/17
60.1
REVISOR
SGS/IL
RD4071
B. A package of raw shucked shellfish that does not bear a label or that bears a
60.2
label that does not contain all the information specified in item A shall must be subject
60.3
to a hold order as allowed by Minnesota Statutes, section 31.05, subdivision 1 34A.11,
60.4
or seizure and destruction according to Code of Federal Regulations, title 21, subpart D,
60.5
section 1240.60, paragraph (d).
60.6
4626.0202 SHELLSTOCK IDENTIFICATION. 3-202.18
60.7
A. Shellstock must be obtained in containers bearing legible source
60.8
identification tags or labels that are affixed by the harvester or dealer that depurates, ships,
60.9
or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide
60.10
for the Control of Molluscan Shellfish, and that list:P2
(1) except as specified in item C, on the harvester's tag or label, the
60.11
60.12
following information in the following order:P2
(a) the harvester's identification number that is assigned by the
60.13
60.14
shellfish control authority;P2
60.15
(b) the date of harvesting;P2
60.16
(c) the most precise identification of the harvest location or aquaculture
60.17
site that is practicable based on the system of harvest area designations that is in use by
60.18
the shellfish control authority and including the abbreviation of the name of the state or
60.19
country in which the shellfish are harvested;P2
60.20
(d) the type and quantity of shellfish;P2 and
60.21
(e) the following statement in bold, capitalized type: "THIS TAG
60.22
OR LABEL IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY
60.23
OR RETAGGED OR RELABELED AND THEREAFTER KEPT ON FILE FOR 90
60.24
DAYS.";P2 and
4626.0202
60
05/11/17
REVISOR
information in the following order:P2
(a) the dealer's name and address and the certification number assigned
61.3
61.4
by the shellfish control authority;P2
(b) the original shipper's certification number including the
61.5
61.6
abbreviation of the name of the state or country in which the shellfish are harvested;P2
(c) the same information as specified for a harvester's tag under
61.7
61.8
RD4071
(2) except as specified in item D, on each dealer's tag or label, the following
61.1
61.2
SGS/IL
subitem (1), units (b) to (d);P2 and
(d) the following statement in bold, capitalized type: "THIS TAG OR
61.9
61.10
LABEL IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND
61.11
THEREAFTER KEPT ON FILE FOR 90 DAYS."P2
61.12
B. A container of shellstock that does not bear a tag or label or that bears a tag
61.13
or label that does not contain all the information specified in item A must be subject to a
61.14
hold order as allowed by Minnesota Statutes, section 34A.11, or seizure and destruction
61.15
according to Code of Federal Regulations, title 21, subpart D, section 1240.60, paragraph
61.16
(d).
61.17
61.18
61.19
C. If a place is provided on the harvester's tag or label for a dealer's name,
address, and certification number, the dealer's information must be listed first.
D. If the harvester's tag or label is designed to accommodate each dealer's
61.20
identification as specified in item A, subitem (2), units (a) and (b), individual dealer tags
61.21
or labels need not be provided.
61.22
4626.0210 3-202.110 SHELLSTOCK; CONDITION. 3-202.19
61.23
When received by a food establishment, shellstock shall must be reasonably free of
61.24
mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with
61.25
badly broken shells shall must be discarded.
4626.0210
61
05/11/17
REVISOR
SGS/IL
RD4071
62.2
4626.0215 3-203.11 MOLLUSCAN SHELLFISH AND SHELLSTOCK; ORIGINAL
CONTAINER. 3-203.11
62.3
A. Except as specified in items B and C to D, molluscan shellfish shall must not
62.4
be removed from the container in which they were received other than immediately before
62.5
sale or preparation for service.
62.1
62.6
B. For display purposes, shellstock may be removed from the container in
62.7
which they were received, displayed on drained ice, or held in a display container, and a
62.8
quantity specified by a consumer may be removed from the display or display container
62.9
and provided to the consumer if:
(1) the source of the shellstock on display is identified as specified in part
62.10
62.11
4626.0205 4626.0202 and recorded as specified in part 4626.0220; and
(2) the shellstock are protected from contamination.
62.12
[For text of item C, see M.R.]
62.13
62.14
62.15
D. Shucked shellfish may be removed from the container in which they were
received and repacked in consumer self-service containers where allowed by law if:
(1) the labeling information for the shellfish is on each consumer
62.16
62.17
self-service container as specified in parts 4626.0200 and 4626.0435, items A and B,
62.18
subitems (1) to (5);
(2) the labeling information specified in part 4626.0200 is retained and
62.19
62.20
correlated with the date when, or dates during which, the shellfish are sold or served;
(3) the labeling information and dates specified in subitem (2) are
62.21
62.22
maintained for 90 days; and
(4) the shellfish are protected from contamination.
62.23
4626.0215
62
05/11/17
63.1
REVISOR
SGS/IL
RD4071
4626.0220 3-203.12 SHELLSTOCK; MAINTAINING IDENTIFICATION.* 3-203.12
63.2
A. Except as specified in item B C, subitem (2) (3), shellstock tags shall or
63.3
labels must remain attached to the container in which the shellstock are received until
63.4
the container is empty.P2
63.5
63.6
63.7
63.8
B. The date when the last shellstock from the container is sold or served must
be recorded on the tag or label.P2
B. C. The identity of the source of shellstock that are sold or served shall must
be maintained:
(1) by retaining shellstock tags or labels for 90 calendar days from the date
63.9
63.10
the container is emptied by: that is recorded on the tag or label as specified in item B;P2
(1) (2) using an approved record keeping a record-keeping system that
63.11
63.12
keeps the tags or labels in chronological order correlated to the date when, or dates during
63.13
which, the shellstock are sold or served that is recorded on the tag or label as specified in
63.14
item B;P2 and
(2) (3) if shellstock are removed from their tagged or labeled container:
63.15
63.16
(a) using only one tagged or labeled container at a time; or
63.17
(b) using more than one tagged or labeled container at a time and
63.18
obtaining a variance from the regulatory authority as specified in parts 4626.1690to
63.19
4626.1715 based on a HACCP plan developed according to parts 4626.1730 and
63.20
4626.1735 that:
i. is submitted by the licensee and approved by the regulatory
63.21
63.22
authority as specified in parts 4626.1690 to 4626.1715;
ii. preserves source identification by using a record keeping
63.23
63.24
system specified in subitem (1); and
4626.0220
63
05/11/17
REVISOR
SGS/IL
RD4071
64.1
iii. ensures that shellstock from one tagged or labeled container
64.2
are not commingled with shellstock from another container before being ordered by the
64.3
consumer.
(a) preserving source identification by using a record-keeping system
64.4
64.5
specified in subitem (1);P2 and
(b) ensuring that shellstock from 1 tagged or labeled container are not
64.6
64.7
commingled with shellstock from another container with different certification numbers,
64.8
different harvest dates, or different growing areas identified on the tag or label before
64.9
being ordered by the consumer.P2
64.10
4626.0225 3-301.11 PREVENTING CONTAMINATION FROM HANDS (ALSO
SEE PART 4626.0070).* 3-301.11
64.11
64.12
A. Food employees shall wash their hands as specified in part 4626.0070.
64.13
B A. Except when washing fruits and vegetables as specified in items C and
64.14
D or part 4626.0255, food employees shall limit direct hand contact with not contact
64.15
exposed, ready-to-eat food when with their bare hands and shall use suitable utensils
64.16
such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment, or other
64.17
utensils can be used.P1
64.18
64.19
64.20
C B. Food employees shall minimize bare hand and arm contact with exposed
food that is not in a ready-to-eat form.P2
C. Item A does not apply to a food employee who contacts exposed, ready-to-eat
64.21
food with bare hands at the time the ready-to-eat food is being added as an ingredient
64.22
to a food that:
(1) contains a raw animal food and is to be cooked in the food establishment
64.23
64.24
to heat all parts of the food to the minimum temperatures and times specified in part
64.25
4626.0340, items A and B, or 4626.0345; or
4626.0225
64
05/11/17
REVISOR
SGS/IL
RD4071
(2) does not contain a raw animal food but is to be cooked in the food
65.1
65.2
establishment to heat all parts of the food to a temperature of at least 145 degrees F (63
65.3
degrees C).
65.4
D. Except when wounds or lesions are present as described in part 4626.0040,
65.5
single-use gloves are not required if proper handwashing as specified in parts 4626.0070
65.6
to 4626.0090 is undertaken. Food employees not serving a highly susceptible population
65.7
may contact exposed, ready-to-eat food with their bare hands if written procedures are
65.8
maintained in the food establishment and made available to the regulatory authority upon
65.9
request that include:
(1)
65.10
65.11
ready-to-eat foods that are touched by bare hands;
(2) a written employee health policy that details how the food establishment
65.12
65.13
for each bare hand food-contact procedure, a listing of the specific
complies with parts 4626.0040, 4626.0045, and 4626.0050 including:
(a) documentation that food employees and conditional employees
65.14
65.15
acknowledge that they are informed to report information about their health and activities
65.16
as they relate to gastrointestinal symptoms and diseases that are transmittable through food
65.17
as specified under part 4626.0040, item A;
(b) documentation that food employees and conditional employees
65.18
65.19
acknowledge their responsibilities to comply with exclusion and restriction as specified
65.20
under part 4626.0040, item E; and
(c) documentation that the person in charge acknowledges the
65.21
65.22
responsibilities as specified under parts 4626.0040, items B, C, and D; 4626.0045; and
65.23
4626.0050;
(3) documentation that food employees acknowledge that they have
65.24
65.25
received training in:
4626.0225
65
05/11/17
SGS/IL
RD4071
(a) the risks to the consumer that are created when employees contact
66.1
66.2
REVISOR
ready-to-eat foods with bare hands;
66.3
(b) proper handwashing as specified under part 4626.0070;
66.4
(c) when to wash their hands as specified under part 4626.0075;
66.5
(d) where to wash their hands as specified under part 4626.0080;
66.6
(e) proper fingernail maintenance as specified under part 4626.0090;
66.7
(f) prohibition of jewelry as specified under part 4626.0095; and
66.8
(g) good hygienic practices as specified under parts 4626.0105 and
66.9
4626.0110;
(4) documentation that food employees contacting ready-to-eat food with
66.10
66.11
bare hands use two or more of the following control measures to provide additional
66.12
safeguards to hazards associated with bare hand contact:
66.13
(a) double handwashing;
66.14
(b) nail brushes;
66.15
(c) a hand antiseptic after handwashing as specified under part
66.16
4626.0085;
(d) incentive programs such as paid sick leave that assist or encourage
66.17
66.18
food employees not to work when they are ill; or
(e) other control measures approved by the regulatory authority; and
66.19
(5) documentation that corrective action is taken when requirements in this
66.20
66.21
section are not followed.
4626.0225
66
05/11/17
67.1
67.2
67.3
REVISOR
SGS/IL
4626.0230 3-301.12 PREVENTING CONTAMINATION WHEN TASTING.*
3-301.12
A food employee shall not use a utensil more than once to taste food that is to
67.4
be sold or served.P1
67.5
4626.0235 3-302.11 PACKAGED AND UNPACKAGED FOOD;
SEPARATION, PACKAGING, AND SEGREGATION PREVENTING
CROSS-CONTAMINATION.* 3-302.11
67.6
67.7
67.8
A. Food shall must be protected from cross-contamination by:
(1) except as specified in unit (c), separating raw animal foods during
67.9
67.10
RD4071
storage, preparation, holding, and display from:
(a) raw ready-to-eat food including other raw animal food such as fish
67.11
67.12
for sushi, or molluscan shellfish, or other raw animal food, ready-to-eat food such as
67.13
fruits and vegetables;P1 and
67.14
(b) cooked ready-to-eat food;P1 and
67.15
(c) frozen, commercially processed and packaged raw animal food
67.16
may be stored or displayed with or above frozen, commercially processed and packaged,
67.17
ready-to-eat food;
(2) except when combined as ingredients, separating types of raw animal
67.18
67.19
foods from each other such as beef, fish, lamb, pork, and poultry during storage,
67.20
preparation, holding, and display by:
67.21
(a) one of the following:
67.22
(a) i. using separate equipment for each type of food;P1 or
67.23
(b) ii.
67.24
arranging each type of food in equipment so that
cross-contamination of one type with another is prevented;P1 and
4626.0235
67
05/11/17
REVISOR
areas;P1
[For text of subitem (3), see M.R.]
68.3
(4) storing the food in packages, covered containers, or wrappings, except
68.4
68.5
as specified in item B, storing the food in packages, covered containers, or wrappings;
[For text of subitems (5) to (8), see M.R.]
68.6
68.7
B. Item A, subitem (4), does not apply to:
[For text of subitems (1) and (2), see M.R.]
68.8
(3) whole, uncut, processed meats including such as country hams and
68.9
68.10
smoked or cured sausages that are placed on clean, sanitized racks;
68.11
[For text of subitems (4) and (5), see M.R.]
68.12
68.13
68.14
RD4071
(b) (c) preparing each type of food at different times or in separate
68.1
68.2
SGS/IL
4626.0240 3-302.12 FOOD STORAGE CONTAINERS; IDENTIFIED WITH
COMMON NAME OF FOOD. 3-302.12
Working containers holding food or food ingredients that are removed from their
68.15
original packages for use in the food establishment, including such as cooking oils, flour,
68.16
herbs, potato flakes, salt, spices, and sugar, shall must be identified with the common
68.17
name of the food except that containers holding food that can be readily and unmistakably
68.18
recognized, including dry pasta, need not be identified. The identification must be in
68.19
English and any other language used by the employees of the food establishment who
68.20
handle food.
68.21
4626.0245 3-302.13 PASTEURIZED EGGS; SUBSTITUTE FOR SHELL RAW
EGGS.* 3-302.13
68.22
68.23
A. Pasteurized eggs or egg products shall must be substituted for raw shell eggs
68.24
in the preparation of food such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise,
68.25
meringue, eggnog, ice cream, and egg-fortified beverages, and other foods that are not:
4626.0245
68
05/11/17
REVISOR
SGS/IL
RD4071
69.1
A. (1) cooked as specified in part 4626.0340, item A, subitem (1) or (2);P1 or
69.2
B. (2) included in part 4626.0340, item C D, subitem (1).P1
69.3
B. Tom and Jerry batter, mix, or base shall be obtained from a source that
69.4
complies with parts 1550.3560 to 1550.3650.
69.5
4626.0250 3-302.14 PROTECTION FROM UNAPPROVED ADDITIVES. (SEE
ALSO 4626.0170)* 3-302.14
69.6
69.7
69.8
A. Food shall must be protected from contamination that may result from the
addition of, as specified in part 4626.0170:
69.9
(1) unsafe or unapproved food or color additives;P1 and
69.10
(2) unsafe or unapproved levels of approved food and color additives.P1
69.11
B. A food employee shall not:
(1) apply sulfiting agents to fresh fruits and vegetables intended for raw
69.12
69.13
consumption or to a food considered to be a good source of vitamin B1 as specified in
69.14
Code of Federal Regulations, title 21, section 101.54, paragraph (c) B1 vitamin;P1 or
(2) serve or sell food specified in subitem (1) that is treated with sulfiting
69.15
69.16
agents before receipt by the food establishment, except that grapes need not meet this
69.17
subitem, except for grapes.P1
69.18
4626.0255 3-302.15 WASHING FRUITS AND VEGETABLES. 3-302.15
69.19
A. Raw fruits and vegetables shall must be thoroughly washed in water or by
69.20
using chemicals specified in part 4626.1625 to remove soil and other contaminants
69.21
before being cut, combined with other ingredients, cooked, served, or offered for human
69.22
consumption in ready-to-eat form except that whole, raw fruits and vegetables that are
69.23
intended for washing by the consumer before consumption need not be washed before
69.24
they are sold except for whole, raw fruits and vegetables that are intended for washing by
69.25
the consumer before consumption.
4626.0255
69
05/11/17
70.1
70.2
70.3
REVISOR
SGS/IL
RD4071
B. Fruits and vegetables may be washed by using chemicals as specified in
part 4626.1625.
B. Devices used for on-site generation of chemicals meeting the requirements in
70.4
Code of Federal Regulations, title 21, subpart D, section 173.315, for the washing of raw,
70.5
whole fruits and vegetables must be used according to the manufacturer's instructions.P2
70.6
4626.0260 3-303.11 ICE USED AS EXTERIOR COOLANT; PROHIBITION
PROHIBITED AS INGREDIENT. 3-303.11
70.7
70.8
Ice must not be used as a food after use as a medium for cooling the exterior surfaces of
70.9
food including such as melons, or fish, or canned beverages or other packaged foods such as
70.10
canned beverages, or cooling coils and tubes of equipment, ice shall not be used as food.P1
70.11
4626.0265 3-303.12 STORAGE OR DISPLAY OF FOOD IN CONTACT WITH
WATER OR ICE. 3-303.12
70.12
70.13
A. Packaged food shall must not be stored in direct contact with ice or water if
70.14
the food is subject to the entry of water because of the nature of its packaging, wrapping,
70.15
or container or its positioning in the ice or water.
70.16
70.17
70.18
B. Bottled and canned beverages on retail display shall must not be stored in
contact with water or undrained ice.
C. Other than for direct retail sales, Whole, raw fruits or vegetables; cut, raw
70.19
vegetables including such as celery, carrot sticks, or and cut potatoes; and tofu may be
70.20
immersed in ice or water.
70.21
D. Raw chicken poultry and raw fish that are received immersed in ice in
70.22
shipping containers may remain in that condition while in storage awaiting preparation,
70.23
display, service, or sale.
70.24
4626.0270 3-304.11 FOOD CONTACT WITH EQUIPMENT AND UTENSILS.*
3-304.11
70.25
70.26
Food shall not must only contact surfaces of:
4626.0270
70
05/11/17
71.1
REVISOR
SGS/IL
RD4071
N
A. probe-type price or identification tags; and equipment and utensils that are
71.2
cleaned as specified in parts 4626.0840 to 4626.0885 and sanitized as specified in parts
71.3
4626.0900 and 4626.0905;P1
71.4
B. surfaces of equipment and utensils that are not cleaned as specified in parts
71.5
4626.0840 to 4626.0890 and sanitized as specified in parts 4626.0895 to 4626.0905.
71.6
single-service and single-use articles;P1 or
71.7
C. linens such as cloth napkins specified in part 4626.0280 that are laundered as
71.8
required by parts 4626.0910 to 4626.0930.P1
71.9
4626.0275 3-304.12 IN-USE UTENSILS; BETWEEN-USE STORAGE. 3-304.12
71.10
71.11
71.12
71.13
A. During pauses in food preparation or dispensing, food preparation and
dispensing utensils shall must be stored:
A. (1) except as specified in item B, in the food with the handles above the
top of the food and the container;
71.14
B. (2) in food that is not potentially hazardous TCS food, with the handles
71.15
above the top of the food within containers or equipment that can be closed, including
71.16
such as bins of sugar, flour, or cinnamon;
71.17
C. (3) on a clean portion of the food preparation table or cooking equipment
71.18
and shall be only if the in-use utensil and the food-contact surface of the food preparation
71.19
table or cooking equipment are cleaned and sanitized at a frequency specified in parts
71.20
4626.0845 and 4626.0900;
71.21
71.22
71.23
71.24
D. (4) in running water of sufficient velocity to flush particulates to the drain,
if used with moist food including such as ice cream or, mashed potatoes, or cooked rice; or
E. (5) in a clean, protected location if the utensils, including ice scoops, are
used only with a food that is not potentially hazardous. TCS food;
4626.0275
71
05/11/17
72.1
REVISOR
SGS/IL
RD4071
B F. For consumer self-service of bulk food, a manual dispensing utensil shall
72.2
have a handle long enough to avoid consumer contact with bulk food. When not in use,
72.3
the dispensing utensil shall be stored either in the food with the handle extended out of
72.4
the food, or in a protective enclosure attached or adjacent to the display unit with the
72.5
utensil on a tether of easily cleanable material short enough to prevent contact with the
72.6
floor. in a container of water if the water is maintained at a temperature of at least 135
72.7
degrees F (57 degrees C) and the container is cleaned at a frequency specified in part
72.8
4626.0845, item D; or
72.9
G. for consumer self-service of bulk food, a manual dispensing utensil must be
72.10
stored as specified in Minnesota Statutes, section 31.84, subdivision 2.
72.11
4626.0280 LINENS AND NAPKINS; USE LIMITATION. 3-304.13
72.12
Linens and such as cloth napkins shall must not be used in contact with food unless
72.13
they are used to line a container for the service of foods and the linens and napkins are
72.14
replaced each time the container is refilled for a new consumer.
72.15
4626.0285 3-304.13 WIPING CLOTHS; USED FOR ONE PURPOSE USE
LIMITATION. 3-304.14
72.16
72.17
A. Cloths that are in use used for wiping food spills shall be used for no other
72.18
purpose. from tableware and carry-out containers that occur as food is being served must
72.19
be maintained dry and used for no other purpose.
72.20
72.21
B. Cloths used for wiping food spills shall counters and other equipment
surfaces must be:
(1) dry and used for wiping food spills from tableware and carry-out
72.22
72.23
containers; or held between uses in a chemical sanitizer solution at a concentration
72.24
specified in part 4626.0805; and
(2) moist and cleaned as specified in part 4626.0915, item D, stored in
72.25
72.26
a chemical sanitizer as specified in part 4626.1620, and used for wiping spills from
4626.0285
72
05/11/17
REVISOR
SGS/IL
RD4071
73.1
food-contact and non-food-contact surfaces of equipment laundered daily as specified in
73.2
part 4626.0915, item D.
73.3
C. Dry or moist cloths that are used Cloths used for wiping surfaces in contact
73.4
with raw animal foods shall must be kept separate from cloths used for other purposes.
73.5
Moist cloths used with raw animal foods shall be kept in a separate sanitizing solution.
73.6
D. Dry wiping cloths and the chemical sanitizing solutions specified in item
73.7
B, subitem (1), in which wet wiping cloths are held between uses must be free of food
73.8
debris and visible soil.
73.9
E. Containers of chemical sanitizing solutions specified in item B, subitem
73.10
(1), in which wet wiping cloths are held between uses must be stored and used in a
73.11
manner that prevents contamination of food, equipment, utensils, linens, single-service, or
73.12
single-use articles.
73.13
F. Single-use disposable sanitizer wipes must be used according to U.S.
73.14
Environmental Protection Agency-approved manufacturer's label use instructions.
73.15
4626.0287 3-304.14 GLOVES; USE LIMITATION. 3-304.15
73.16
A. If used, single-use gloves shall must be used for only one 1 task including
73.17
such as working with ready-to-eat food or with raw animal food, used for no other purpose,
73.18
and discarded when damaged or soiled, or when interruptions occur in the operation.P1
73.19
B. Except as specified in item C, slash-resistant gloves that are used to protect
73.20
the hands during operations requiring cutting shall must be used in direct contact only with
73.21
food that is subsequently cooked as specified in parts 4626.0340 to 4626.0365 4626.0349,
73.22
including such as frozen food or a primal cut of meat.
[For text of item C, see M.R.]
73.23
4626.0287
73
05/11/17
74.1
REVISOR
SGS/IL
RD4071
D. Cloth gloves shall must not be used in direct contact with food unless the
74.2
food is subsequently cooked as required under parts 4626.0340 to 4626.0365 4626.0349,
74.3
including such as frozen food or a primal cut of meat.
74.4
4626.0290 3-304.15 USING CLEAN TABLEWARE FOR SECOND PORTIONS
AND REFILLS. 3-304.16
74.5
74.6
A. A Except for refilling a consumer's drinking cup or container without contact
74.7
between the pouring utensil and the lip-contact area of the drinking cup or container, food
74.8
employee employees shall not use tableware, including single-service articles or other
74.9
tableware soiled by the consumer to provide second portions or refills.
74.10
B. Except as specified in item C, self-service consumers shall not be allowed
74.11
to use soiled tableware, including single-service articles or other tableware to obtain
74.12
additional food from the display and serving equipment.
74.13
C. Drinking cups and glasses containers may be reused by self-service
74.14
consumers if refilling is a contamination-free process as specified in part 4626.0575,
74.15
items A, B, and D.
74.16
4626.0295 3-304.16 REFILLING RETURNABLES. 3-304.17
74.17
74.18
74.19
74.20
74.21
A. A take-home food container returned to a food establishment shall not be
refilled at a food establishment with a potentially hazardous food.
B. Except as specified in item C, a take-home food container refilled with food
that is not potentially hazardous shall be cleaned as specified in part 4626.0890.
C. Personal take-out beverage containers, including thermally insulated bottles,
74.22
nonspill coffee cups, and promotional beverage glasses, may be refilled by employees or
74.23
the consumer if refilling is a contamination-free process as specified in part 4626.0575,
74.24
items A, B, and D.
4626.0295
74
05/11/17
75.1
REVISOR
SGS/IL
RD4071
A. Except as specified in this part, empty containers returned to a food
75.2
establishment for cleaning and refilling with food must be cleaned and refilled in a
75.3
regulated food processing plant.P1
75.4
75.5
B. A take-home food container returned to a food establishment may be refilled
at a food establishment with food if the food container is:
(1) designed and constructed for reuse and in accordance with the
75.6
75.7
requirements specified under parts 4626.0450, 4626.0505, and 4626.0515;P1
(2) one that was initially provided by the food establishment to the
75.8
75.9
consumer, either empty or filled with food by the food establishment, for the purpose
75.10
of being returned for reuse; and
(3) subject to the following steps before being refilled with food:
75.11
75.12
(a) cleaned as specified under parts 4626.0840 to 4626.0885;
75.13
(b) sanitized as specified under parts 4626.0900 to 4626.0905;P1 and
75.14
(c) visually inspected by a food employee to verify that the container,
75.15
as returned, meets the requirements under parts 4626.0450 to 4626.0470, 4626.0490, and
75.16
4626.0515.P1
75.17
75.18
C. A take-home food container returned to a food establishment may be refilled
at a food establishment with a beverage if:
75.19
(1) the beverage is not TCS food;
75.20
(2) the design of the container and of the rinsing equipment and the nature
75.21
of the beverage, when considered together, allow effective cleaning at home or in the
75.22
food establishment;
4626.0295
75
05/11/17
REVISOR
SGS/IL
RD4071
(3) facilities for rinsing before refilling returned containers with fresh, hot
76.1
76.2
water that is under pressure and not recirculated are provided as part of the dispensing
76.3
system;
(4) the consumer-owned container returned to the food establishment for
76.4
76.5
refilling is refilled for sale or service only to the same consumer; and
(5) the container is refilled by:
76.6
76.7
(a) an employee of the food establishment; or
76.8
(b) the owner of the container if the beverage system includes a
76.9
contamination-free transfer process as specified under part 4626.0575, items A, B, and D,
76.10
that cannot be bypassed by the container owner.
76.11
D. Consumer-owned, personal take-out beverage containers, such as thermally
76.12
insulated bottles, nonspill coffee cups, promotional beverage glasses, and vinegar
76.13
and oil containers, may be refilled by employees or the consumer if refilling is a
76.14
contamination-free process as specified under part 4626.0575, items A, B, and D.
76.15
E. Consumer-owned containers that are not food-specific may be filled at a
76.16
water vending machine or system.
76.17
4626.0300 3-305.11 FOOD STORAGE. 3-305.11
76.18
76.19
A. Except as specified in items B and C, food shall must be protected from
contamination by storing the food:
76.20
[For text of subitems (1) and (2), see M.R.]
76.21
(3) at least 15 cm 6 inches (six inches 15 cm) above the floor.
76.22
B. Food in packages and working containers may be stored less than 15 cm
76.23
6 inches (six inches 15 cm) above the floor on case lot handling equipment specified
76.24
in part 4626.0665.
4626.0300
76
05/11/17
77.1
REVISOR
SGS/IL
RD4071
C. Pressurized beverage containers, cased food in waterproof containers,
77.2
including such as bottles or cans, and milk containers in plastic crates may be stored on a
77.3
floor that is clean and not exposed to floor moisture.
77.4
4626.0305 3-305.12 FOOD STORAGE; PROHIBITED AREAS. 3-305.12
77.5
Food shall must not be stored:
77.6
A. in a locker room rooms;
77.7
B. in a toilet room rooms;
77.8
C. in a dressing room rooms;
77.9
D. in a garbage room rooms;
77.10
E. in a mechanical room rooms;
77.11
F. under a sewer line lines that is are not shielded to intercept potential drips;
77.12
G. under a leaking water line lines, including a leaking automatic fire sprinkler
77.13
head heads, or under a line lines on which water has condensed;
77.14
H. under an open stairwell stairwells; or
77.15
I. under any other source sources of contamination.
77.16
77.17
77.18
4626.0310 3-305.13 VENDED POTENTIALLY HAZARDOUS TCS FOOD;
ORIGINAL CONTAINER. 3-305.13
Potentially hazardous TCS food dispensed through a vending machine shall must be
77.19
in the package in which it was placed at the food establishment or food processing plant
77.20
where at which it was prepared.
77.21
4626.0315 3-305.14 FOOD PREPARATION UNPACKAGED FOOD;
PROTECTION FROM CONTAMINATION. 3-305.14
77.22
77.23
77.24
During preparation, unpackaged food shall must be protected from environmental
sources of contamination.
4626.0315
77
05/11/17
78.1
78.2
REVISOR
SGS/IL
RD4071
4626.0320 3-306.11 FOOD DISPLAY; PROTECTION FROM CONTAMINATION.
3-306.11
A. Except for nuts in the shell and whole, raw fruits and vegetables that are
78.3
78.4
intended for hulling, peeling, or washing by the consumer before consumption, food on
78.5
display shall must be protected from contamination by the use of packaging; counter,
78.6
service line, or salad bar food guards; display cases; or other effective means.P1
B. Food preparation and cooking areas must be protected by an impervious
78.7
78.8
shield or by a separation distance to ensure customer safety and prevent food
78.9
contamination by customers.
78.10
4626.0325 3-306.12 CONDIMENTS; PROTECTION. 3-306.12
A. Condiments shall must be protected from contamination by being kept in
78.11
78.12
dispensers that are designed to provide protection, protected food displays provided with
78.13
the proper utensils, original containers designed for dispensing, or individual packages or
78.14
portions.
B. Condiments at a vending machine location shall must be in individual
78.15
78.16
packages or provided in dispensers that are filled at a location that is approved by the
78.17
regulatory authority, including such as the food establishment that provides food to the
78.18
vending machine location, a food processing plant that is regulated by the agency that has
78.19
jurisdiction over the operation, or a properly equipped facility that is located on the site
78.20
of the vending machine location.
78.21
4626.0330 3-306.13 CONSUMER SELF-SERVICE OPERATIONS.* 3-306.13
A. Raw, unpackaged, raw animal food, including such as beef, lamb, pork,
78.22
78.23
poultry, and fish, shall must not be offered for consumer self-service.P1 This item does not
78.24
apply to:
4626.0330
78
05/11/17
REVISOR
(1)
79.1
79.2
SGS/IL
consumer self-service of ready-to-eat foods at buffets or salad bars that
serve foods including such as sushi or raw shellfish, or to;
(2)
79.3
ready-to-cook individual portions for immediate cooking
79.4
and consumption on the premises including such as consumer-cooked meats or
79.5
consumer-selected ingredients for Mongolian barbecue.;
79.6
(3) raw, frozen, shell-on shrimp, or lobster; or
79.7
(4) raw shell eggs.
79.8
RD4071
B. Consumer self-service operations for ready-to-eat foods shall must be
79.9
provided with suitable utensils or effective dispensing methods that protect the food
79.10
from contamination.
79.11
N
P2
C. Consumer self-service operations such as buffets and salad bars must be
79.12
monitored by food employees trained in safe operating procedures.P2
79.13
4626.0335 3-306.14 RETURNED FOOD; RESERVICE OR SALE RE-SERVICE
OF FOOD.* 3-306.14
79.14
79.15
A. Except as specified in item B, after being served or sold and in the possession
79.16
of a consumer, food that is unused or returned by the consumer shall must not be offered
79.17
as food for human consumption.P1
79.18
B. Food that is not potentially hazardous, including crackers and condiments,
79.19
and that is in an unopened original package and maintained in sound condition may be
79.20
re-served or resold. Except as specified in part 4626.0447, item G, a container of food that
79.21
is not TCS food may be re-served from one consumer to another if:
(1) the food is dispensed so that it is protected from contamination and the
79.22
79.23
container is closed between uses, such as a narrow-neck bottle containing catsup, steak
79.24
sauce, or wine; or
4626.0335
79
05/11/17
REVISOR
SGS/IL
RD4071
(2) the food, such as crackers, salt, or pepper, is in an unopened original
80.1
80.2
package and is maintained in sound condition.
80.3
4626.0337 MISCELLANEOUS SOURCES OF CONTAMINATION. 3-307.11
80.4
Food must be protected from contamination that may result from a factor or source
80.5
not specified in parts 4626.0225 to 4626.0335.
80.6
4626.0340 3-401.11 COOKING RAW ANIMAL FOODS.* 3-401.11
80.7
A. Except as specified in items B and C to D, raw animal foods, including such
80.8
as eggs, fish, meat, poultry, meat, and foods containing these raw animal foods, shall must
80.9
be cooked to heat all parts of the food to a temperature and for a time that complies with
80.10
one of the following methods based on the food that is being cooked:
(1) 63 degrees C 145 degrees F (145 degrees F 63 degrees C) or above
80.11
80.12
for 15 seconds for:P1
(a) raw shell eggs that are broken and prepared in response to a
80.13
80.14
consumer's order and for immediate service;P1 and
(b) except as specified in subitems (2) and (3) and item items B and C,
80.15
80.16
fish and meat including game animals commercially raised for food as specified in part
80.17
4626.0160, item A, and game animals under a voluntary inspection program as specified
80.18
in part 4626.0160, item A;P1
(2) 68 degrees C 155 degrees F (155 degrees F 68 degrees C) or above for
80.19
80.20
15 seconds or the temperature specified in the following chart that corresponds to the
80.21
holding time for pork; ratites; mechanically tenderized and injected meats; the following
80.22
if they are comminuted: fish, meat, and game animals commercially raised for food as
80.23
specified in part 4626.0160, item A, and game animals under a voluntary inspection
80.24
program as specified in part 4626.0160, item A; and raw eggs that are not prepared as
80.25
specified in subitem (1), unit (a):P1
4626.0340
80
05/11/17
REVISOR
SGS/IL
81.2
Minimum Temperature °F
(°C)
81.3
°C (°F)
81.4
63 (145) 145 (63)
3 minutes
81.5
66 (150) 150 (66)
1 minute
81.6
158 (70)
81.1
RD4071
Time
< 1 second (instantaneous); or
(3) 74 degrees C 165 degrees F (165 degrees F 74 degrees C) or above for
81.7
81.8
15 seconds for poultry; baluts, wild game animals as specified in part 4626.0160, item
81.9
C; stuffed fish; stuffed meat; stuffed pasta; stuffed poultry; stuffed ratites; or stuffing
81.10
containing fish, meat, poultry, or ratites.P1
81.11
B. Whole beef roasts and corned beef roasts shall be cooked Whole meat roasts
81.12
including beef, corned beef, lamb, pork, and cured pork roasts such as ham must be cooked:
(1) in an oven that is preheated to the temperature specified for the roast's
81.13
81.14
weight in the following chart and that is held at that temperature:P2
Oven Type
81.15
Oven Temperature Based on Roast Weight
Less than to 4.5 kg 10 lbs
(10 lbs 4.5 kg)
4.5 kg 10 lbs (10 lbs 4.5
kg) or more
Still dry
177°C 350°F (350°F 177°C)
or more
121°C 250°F (250°F 121°C)
or more
Convection
163°C 325°F (325°F 163°C)
or more
121°C 250°F (250°F 121°C)
or more
121°C 250°F (250°F 121°C) or less
121°C 250°F (250°F
121°C) or less
81.16
81.17
81.18
81.19
81.20
81.21
81.22
81.23
81.24
High humidity
1
1
Relative humidity greater than 90 percent for at least one 1 hour as measured in the
81.25
cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides
81.26
100 percent humidity.
81.27
; and
4626.0340
81
05/11/17
REVISOR
temperature and for the holding time that corresponds to that temperature:P1
1
82.4
Temperature
°C (°F)
Time in
Minutes
82.5
54 (130)
121
82.6
56 (132)
77
82.7
57 (134)
47
82.8
58 (136)
32
82.9
59 (138)
19
82.10
60 (140)
12
82.11
61 (142)
8
82.12
62 (144)
5
82.13
63 (145)
3
82.3
82.14
RD4071
(2) as specified in the following chart, to heat all parts of the food to a
82.1
82.2
SGS/IL
1
Holding time may include postoven heat rise.
82.16
Temperature
°F (°C)
Time in
Minutes*
82.17
130 (54.4)
112
82.18
131 (55.0)
89
82.19
133 (56.1)
56
82.20
135 (57.2)
36
82.21
136 (57.8)
28
82.22
138 (58.9)
18
82.23
140 (60.0)
12
82.24
142 (61.1)
8
82.25
144 (62.2)
5
82.26
145 (62.8)
4
82.27
82.28
Temperature
°F (°C)
Time in
Seconds*
82.29
147 (63.9)
134 seconds
82.15
4626.0340
82
05/11/17
REVISOR
SGS/IL
83.1
149 (65.0)
85 seconds
83.2
151 (66.1)
54 seconds
83.3
153 (67.2)
34 seconds
83.4
155 (68.3)
22 seconds
83.5
157 (69.4)
14 seconds
83.6
158 (70.0)
0 seconds
83.7
83.8
83.9
RD4071
*Holding time may include postoven heat rise.
C. Items A and B do not apply if: A raw or undercooked whole-muscle, intact
beef steak may be served or offered for sale in a ready-to-eat form if:
(1) the food is a raw animal food, including raw egg, raw fish,
83.10
83.11
raw-marinated fish, raw molluscan shellfish, steak tartare, or a partially cooked food
83.12
including lightly cooked fish, rare meat, and soft cooked eggs that is served or offered
83.13
for sale in a ready-to-eat form, when the food is prepared in that fashion at the request
83.14
of the consumer; or
(2) the regulatory authority grants a variance from item A or B as specified
83.15
83.16
in part 4626.1695, based on a HACCP plan that:
(a) is submitted by the licensee and approved as specified in part
83.17
83.18
4626.1695;
(b) documents scientific data or other information showing that a
83.19
83.20
lesser time and temperature regimen results in a safe food; and
(c) verifies that equipment and procedures for food preparation and
83.21
83.22
training of food employees at the food establishment meet the conditions of the variance.
(1) the food establishment serves a population that is not a highly
83.23
83.24
susceptible population;
4626.0340
83
05/11/17
REVISOR
RD4071
(2) the steak is labeled to indicate that it is "whole-muscle, intact beef" as
84.1
84.2
SGS/IL
specified in part 4626.0130, item E; and
(3) the steak is cooked on both the top and bottom to a surface temperature
84.3
84.4
of 145 degrees F (63 degrees C) or above and a cooked color change is achieved on
84.5
all external surfaces.
84.6
D. A raw animal food such as raw egg, raw fish, raw-marinated fish, raw
84.7
molluscan shellfish, or steak tartare; or a partially cooked food such as lightly cooked fish,
84.8
soft-cooked eggs, or rare meat other than whole-muscle, intact beef steaks as specified
84.9
in item C, may be served or offered for sale upon consumer request or selection in a
84.10
ready-to-eat form if:
(1) the food establishment serves a population that is not a highly
84.11
84.12
susceptible population;
(2) the food, if served or offered for service by consumer selection from a
84.13
84.14
children's menu, does not contain comminuted meat;P2 and
(3) the consumer is informed as specified in part 4626.0442 that to ensure
84.15
84.16
its safety, the food should be cooked as specified in item A or B; or
(4) the regulatory authority grants a variance from item A or B as specified
84.17
84.18
in part 4626.1690 based on a HACCP plan that:
(a) is submitted by the licensee and approved as specified in part
84.19
84.20
4626.1700;
(b) documents scientific data or other information showing that a
84.21
84.22
lesser time and temperature regimen results in a safe food; and
(c) verifies that equipment and procedures for food preparation and
84.23
84.24
training of food employees at the food establishment meet the conditions of the variance.
4626.0340
84
05/11/17
85.1
85.2
REVISOR
85.5
85.6
Raw animal foods cooked in a microwave oven shall must be:
[For text of items A and B, see M.R.]
C. heated to a temperature of at least 74 degrees C 165 degrees F (165 degrees
F 74 degrees C) in all parts of the food;P1 and
D. allowed to stand covered for two 2 minutes after cooking to obtain
85.7
temperature equilibrium.
85.8
4626.0347 PLANT FOOD; COOKING FOR HOT HOLDING. 3-401.13
85.9
RD4071
4626.0345 3-401.15 MICROWAVE COOKING.* 3-401.12
85.3
85.4
SGS/IL
Raw fruits and vegetables that are cooked for hot holding must be cooked to a
85.10
temperature of 135 degrees F (57 degrees C).P2
85.11
4626.0349 NONCONTINUOUS COOKING OF RAW ANIMAL FOODS. 3-401.14
85.12
Raw animal foods that are cooked using a noncontinuous cooking process must be:
85.13
85.14
85.15
85.16
85.17
85.18
85.19
85.20
85.21
A. subject to an initial heating process that is no longer than 60 minutes in
duration;P1
B. immediately after initial heating, cooled according to the time and
temperature parameters for cooked TCS food in part 4626.0385, item A;P1
C. after cooling, held frozen or cold, as specified for TCS food in part
4626.0395, item A, subitem (2);P1
D. prior to sale or service, cooked using a process that heats all parts of the food
to a temperature and for a time specified in part 4626.0340, items A to C;P1
E. cooled according to the time and temperature parameters for cooked TCS
85.22
food in part 4626.0385, item A, if not either hot held as specified in part 4626.0395, item
85.23
A, served immediately, or held using time as a public health control as specified in part
85.24
4626.0408 after complete cooking;P1 and
4626.0349
85
05/11/17
86.1
REVISOR
(1) have obtained prior approval from the regulatory authority based on
meeting the requirements of this part;P2
(2) are maintained in the food establishment and are available to the
86.4
86.5
RD4071
F. prepared and stored according to written procedures that:
86.2
86.3
SGS/IL
regulatory authority upon request;P2
(3) describe how the requirements in items A to E are to be monitored and
86.6
86.7
documented by the licensee and the corrective actions to be taken if the requirements
86.8
are not met;P2
(4) describe how the foods, after initial heating, but prior to complete
86.9
86.10
cooking, are to be marked or otherwise identified as foods that must be cooked as specified
86.11
in item D prior to being offered for sale or service;P2 and
(5) describe how the foods, after initial heating but prior to cooking are to
86.12
86.13
be separated from ready-to-eat foods as specified in part 4626.0235, item A.P2
86.14
4626.0350 3-402.11 PARASITE DESTRUCTION.* 3-402.11
86.15
A. Except as specified in item B, before service or sale in ready-to-eat form,
86.16
raw, raw-marinated, partially cooked, or marinated-partially cooked fish other than
86.17
molluscan shellfish shall must be frozen throughout to a temperature of:
(1) -20 degrees C frozen and stored at a temperature of -4 degrees F
86.18
86.19
(-4 degrees F -20 degrees C) or below for a minimum of 168 hours (seven 7 days) in
86.20
a freezer;P1 or
86.21
(2) -35 degrees C frozen at -31 degrees F (-31 degrees F -35 degrees C) or
86.22
below for until solid and stored at -31 degrees F (-35 degrees C) or below for a minimum
86.23
of 15 hours in a blast freezer.;P1 or
(3) frozen at -31 degrees F (-35 degrees C) or below until solid and stored
86.24
86.25
at -4 degrees F (-20 degrees C) or below for a minimum of 24 hours.P1
4626.0350
86
05/11/17
87.1
REVISOR
SGS/IL
RD4071
B. If the fish are tuna of the species Thunnus alalunga, Thunnus
87.2
albacares(Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna,
87.3
Southern), Thunnus obesus (Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern),
87.4
the fish may be served or sold in a raw, raw-marinated, or partially cooked ready-to-eat
87.5
form without freezing as specified in Item A. Item A does not apply to:
87.6
(1) molluscan shellfish;
87.7
(2) a scallop product consisting only of the shucked adductor muscle;
87.8
(3) tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin
87.9
tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus
87.10
(Bigeye tuna), or Thunnus thynnus (Bluefin tuna, Northern);
(4) aquacultured fish, such as salmon, that:
87.11
87.12
(a) if raised in open water, are raised in net-pens; or
87.13
(b) are raised in land-based operations such as ponds or tanks; and
87.14
(c) are fed formulated feed, such as pellets, that contains no live
87.15
parasites infective to the aquacultured fish; or
(5) fish eggs that have been removed from the skein and rinsed.
87.16
87.17
87.18
87.19
4626.0355 3-402.12 PARASITE DESTRUCTION; RECORDS; CREATION AND
RETENTION. 3-402.12
A. Except as specified in item B, and part 4626.0350, item B, if raw,
87.20
raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in
87.21
ready-to-eat form, the person in charge shall record the freezing temperature and time to
87.22
which the fish are subjected and shall retain the records at the food establishment for 90
87.23
calendar days beyond the time of service or sale of the fish.P2
[For text of item B, see M.R.]
87.24
4626.0355
87
05/11/17
88.1
REVISOR
SGS/IL
RD4071
C. If raw, raw-marinated, partially cooked, or marinated-partially cooked fish
88.2
are served or sold in ready-to-eat form, and the fish are raised and fed as specified in part
88.3
4626.0350, item B, subitem (4), a written agreement or statement from the supplier or
88.4
aquaculturist stipulating that the fish were raised and fed as specified in part 4626.0350,
88.5
item B, subitem (4), must be obtained by the person in charge and retained in the records of
88.6
the food establishment for 90 calendar days beyond the time of service or sale of the fish.P2
88.7
4626.0357 FOODS PREPARED FOR IMMEDIATE SERVICE. 3-403.10
88.8
Cooked and refrigerated food that is prepared for immediate service in response
88.9
to an individual consumer order, such as a roast beef sandwich au jus, may be served
88.10
at any temperature.
88.11
4626.0360 3-403.11 REHEATING FOR HOT HOLDING.* 3-403.11
88.12
A. Except as specified in items B, C, and E, potentially hazardous TCS food
88.13
that is cooked, cooled, and reheated for hot holding shall must be reheated so that all parts
88.14
of the food reach a temperature of at least 74 degrees C 165 degrees F (165 degrees F
88.15
74 degrees C) for 15 seconds.P1
88.16
B. Except as specified in item C, potentially hazardous TCS food reheated in
88.17
a microwave oven for hot holding shall must be reheated so that all parts of the food
88.18
reach a temperature of at least 74 degrees C (165 degrees F) 165 degrees F (74 degrees
88.19
C) and the food is rotated or stirred, covered, and allowed to stand covered for two 2
88.20
minutes after reheating.P1
88.21
C. Ready-to-eat TCS food taken from a that has been commercially processed,
88.22
hermetically sealed container, or from an intact package from and packaged in a food
88.23
processing plant that is inspected by the food regulatory authority that has jurisdiction
88.24
over the plant, shall must be heated to a temperature of at least 60 degrees C (140 135
88.25
degrees F) (57 degrees C) when being reheated for hot holding.P1
4626.0360
88
05/11/17
89.1
REVISOR
SGS/IL
RD4071
D. Reheating for hot holding shall as specified in items A to C must be done
89.2
rapidly and the minimum temperature specified in item A shall be reached within two time
89.3
the food is between 41 degrees F (5 degrees C) and the temperatures specified in items A
89.4
to C must not exceed 2 hours.P1
89.5
E. Remaining unsliced portions of meat roasts of beef that are cooked as specified
89.6
in part 4626.0340, item B, may be reheated for hot holding using the oven parameters and
89.7
minimum time and temperature conditions specified in part 4626.0340, item B.
89.8
4626.0367 TREATING JUICE. 3-404.11
89.9
Juice packaged in a food establishment must be:
89.10
A. treated under a HACCP plan as specified in parts 4626.1730 to 4626.1735 to
89.11
attain a 5-log reduction, which is equal to a 99.999 percent reduction, of the most resistant
89.12
microorganism of public health significance;P1 or
89.13
89.14
B. labeled, if not treated to yield a 5-log reduction of the most resistant
microorganism of public health significance:
89.15
(1) as specified in part 4626.0435;P2 and
89.16
(2) as specified in Code of Federal Regulations, title 21, section 101.17(g).
89.17
Juices that have not been specifically processed to prevent, reduce, or eliminate the
89.18
presence of pathogens must be labeled with the following: "WARNING: This product has
89.19
not been pasteurized and, therefore, may contain harmful bacteria that can cause serious
89.20
illness in children, the elderly, and persons with weakened immune systems."P2
89.21
4626.0368 JUICE; TREATED. 3-202.110
89.22
89.23
89.24
Prepackaged juice must:
A. be obtained from a processor with a HACCP system as specified in Code of
Federal Regulations, title 21, part 120;P2 and
4626.0368
89
05/11/17
REVISOR
SGS/IL
RD4071
90.1
B. be obtained pasteurized or otherwise treated to attain a 5-log reduction of the
90.2
most resistant microorganism of public health significance as specified in Code of Federal
90.3
Regulations, title 21, subpart B, section 120.24.P1
90.4
4626.0370 3-501.11 FROZEN FOOD. 3-501.11
90.5
90.6
90.7
90.8
90.9
90.10
Stored frozen foods shall must be maintained frozen.
4626.0375 3-501.12 POTENTIALLY HAZARDOUS SLACKING TCS FOOD;
SLACKING. 3-501.12
Frozen potentially hazardous TCS food that is slacked to moderate the temperature
shall must be held:
A. under mechanical refrigeration that maintains the food temperature at
90.11
5 degrees C 41 degrees F (41 degrees F 5 degrees C) or below under mechanical
90.12
refrigeration or less; or
90.13
90.14
B. at any temperature if the food remains frozen.
4626.0380 3-501.13 THAWING. 3-501.13
90.15
Potentially hazardous Except as specified in item D, TCS food shall must be thawed:
90.16
A. under mechanical refrigeration that maintains the food temperature at 5
90.17
90.18
degrees C 41 degrees F (41 degrees F 5 degrees C) or below less;
B. completely submerged under running water:
(1) at a water temperature of 21 degrees C 70 degrees F (70 degrees F 21
90.19
90.20
degrees C) or below less;
(2) with sufficient water velocity to agitate and float off loose particles
90.21
90.22
in an overflow; and
(3) for a period of time that:
90.23
(a) does not allow thawed portions of ready-to-eat food to rise above
90.24
90.25
5 degrees C 41 degrees F (41 degrees F 5 degrees C); or
4626.0380
90
05/11/17
REVISOR
SGS/IL
RD4071
(b) does not allow thawed portions of a raw animal food requiring
91.1
91.2
cooking as specified in part 4626.0340, items A and B, to be above 5 degrees C (41 degrees
91.3
F) for more than four hours including the time the food is exposed to the running water
91.4
and the time needed for preparation for cooking or the time it takes under refrigeration to
91.5
lower the food temperature to 5 degrees C (41 degrees F);
(4) for a period of time that does not allow thawed portions of a raw animal
91.6
91.7
food requiring cooking as specified in part 4626.0340, items A and B, to be above 41
91.8
degrees F (5 degrees C) for more than 4 hours including:
(a) the time the food is exposed to the running water and the time
91.9
91.10
needed for preparation for cooking; or
(b) the time it takes under mechanical refrigeration to lower the food
91.11
91.12
temperature to 41 degrees F (5 degrees C);
[For text of item C, see M.R.]
91.13
91.14
D. using any approved procedure that thaws if a portion of frozen ready-to-eat
91.15
food that is thawed and prepared for immediate service in response to an individual
91.16
consumer's order.
91.17
91.18
E. reduced oxygen packaged fish that bears a label indicating that it is to be kept
frozen until time of use must be removed from the reduced oxygen environment:
91.19
(1) prior to thawing under refrigeration as specified in item A; or
91.20
(2) prior to, or immediately upon, completion of thawing using procedures
91.21
specified in item B.
91.22
4626.0385 3-501.14 COOLING REQUIREMENTS.* 3-501.14
91.23
A. Cooked potentially hazardous TCS food shall must be cooled:
4626.0385
91
05/11/17
REVISOR
SGS/IL
RD4071
(1) from 60 degrees C (140 degrees F) to 21 degrees C (70 degrees F) within
92.1
92.2
two 2 hours from 135 degrees F (57 degrees C) to 70 degrees F (21 degrees C);P1 and
92.3
(2) from 21 degrees C (70 degrees F) to 5 degrees C (41 degrees F) or
92.4
below within four hours within a total of 6 hours from 135 degrees F (57 degrees C) to 41
92.5
degrees F (5 degrees C) or less.P1
92.6
B. Potentially hazardous TCS food shall must be cooled within 4 hours to 5
92.7
degrees C 41 degrees F (41 degrees F 5 degrees C) or below within four hours less, if
92.8
prepared from ingredients at ambient temperature, including such as reconstituted foods
92.9
and canned tuna.P1
92.10
C. a potentially hazardous Except as specified in item D, TCS food received in
92.11
compliance with laws allowing a temperature above 5 degrees C 41 degrees F (41 degrees
92.12
F 5 degrees C) during shipment from the supplier shall as specified in part 4626.0165,
92.13
item B, must be cooled within 4 hours to 5 degrees C 41 degrees F (41 degrees F 5 degrees
92.14
C) or below within four hours less.P1
92.15
4626.0390 3-501.15 COOLING METHODS. 3-501.15
92.16
A. Cooling shall must be accomplished according to the time and temperature
92.17
criteria specified in part 4626.0385 by using one or more of the following methods based
92.18
on the type of food being cooled:
92.19
(1) placing the food in shallow pans;P2
92.20
(2) separating the food into smaller or thinner portions;P2
92.21
(3) using rapid cooling equipment;P2
92.22
(4) stirring the food in a container placed in an ice water bath;P2
92.23
(5) using containers that facilitate heat transfer;P2
92.24
(6) adding ice as an ingredient;P2 or
4626.0390
92
05/11/17
REVISOR
93.3
RD4071
(7) other effective methods.P2
93.1
93.2
SGS/IL
B. When placed in cooling or cold holding equipment, food containers in which
food is being cooled shall must be:
93.4
[For text of subitems (1) and (2), see M.R.]
93.5
4626.0395 3-501.16 POTENTIALLY HAZARDOUS TCS FOOD; HOT AND COLD
HOLDING.* 3-501.16
93.6
93.7
A. Except during preparation, cooking, or cooling, or when time is used as the
93.8
public health control as specified in part 4626.0410 4626.0408, potentially hazardous and
93.9
except as specified in items B and C, TCS food shall must be maintained:
93.10
A. (1)
at 60 135 degrees C F (140 57 degrees F C) or above, except that roasts
93.11
cooked to a temperature and for a time specified in part 4626.0340, item B, or reheated as
93.12
specified in part 4626.0360, item E, may be held at a temperature of 54 degrees C 130
93.13
degrees F (130 degrees F 54 degrees C) or above;P1 or
93.14
93.15
93.16
B. (2)
at 5 degrees C 41 degrees F (41 degrees F 5 degrees C) or below under
mechanical refrigeration, except as specified in part 4626.0405, item B.P1
B. Eggs that have not been treated to destroy all viable Salmonellae must be
93.17
stored in refrigerated equipment that maintains an ambient air temperature of 45 degrees F
93.18
(7 degrees C) or less.P1
93.19
C. TCS food in a homogenous liquid form may be maintained outside of the
93.20
temperature control requirements, as specified in item A, while contained within specially
93.21
designed equipment that complies with the design and construction requirements in part
93.22
4626.0575, item E.
93.23
D. For a special event food stand, delivery vehicle, retail food vehicle, portable
93.24
structure, or cart, dry ice or cold packs may be substituted for mechanical refrigeration
93.25
required in this part and part 4626.0375 if the temperatures in parts 4626.0370 to
4626.0395
93
05/11/17
REVISOR
SGS/IL
RD4071
94.1
4626.0420 are maintained. Mechanical refrigeration must be provided for TCS foods
94.2
held for 4 hours or longer.
94.3
4626.0400 3-501.17 DATE MARKING; READY-TO-EAT, POTENTIALLY
HAZARDOUS TCS FOOD; DATE MARKING.* 3-501.17
94.4
94.5
A. Except as specified in item E, refrigerated, ready-to-eat potentially hazardous
94.6
food prepared and held refrigerated for more than 24 hours in a food establishment shall
94.7
be marked with the date of preparation to indicate the date by which the food shall be
94.8
consumed, which is seven calendar days or less from the day of preparation, including the
94.9
day of preparation, if the food is maintained at 5 degrees C (41 degrees F) or less.
94.10
94.11
B. Except as specified in item E, a ready-to-eat, potentially hazardous food
prepared in a food establishment and subsequently frozen shall be clearly marked:
(1) when the food is thawed, to indicate that the food shall be consumed
94.12
94.13
within 24 hours; or
(2) at both of the following times:
94.14
(a) when the food is placed into the freezer, to indicate the length of
94.15
94.16
time before freezing that the food is held refrigerated, which is limited to seven calendar
94.17
days or less from the day of preparation, including the day of preparation, if the food is
94.18
maintained at 5 degrees C (41 degrees F) or less; and
(b) when the food is removed from the freezer, to indicate the date by
94.19
94.20
which the food shall be consumed, which is seven calendar days or less after the food is
94.21
removed from the freezer, minus the time before freezing that the food is held refrigerated
94.22
if the food is maintained at 5 degrees C (41 degrees F) or less before and after freezing.
94.23
A. (1) This part does not apply to items E and F or to food packaged using a
94.24
reduced oxygen packaging method as specified in part 4626.0420.
4626.0400
94
05/11/17
REVISOR
SGS/IL
RD4071
(2) Refrigerated, ready-to-eat, TCS food prepared and held in a food
95.1
95.2
establishment for more than 24 hours must be clearly marked using an effective method to
95.3
indicate the day or date by which the food must be consumed on the premises, sold, or
95.4
discarded, which is 7 calendar days or less from the date of preparation. The date of the
95.5
preparation must be counted as day 1.P2
95.6
B. Refrigerated, ready-to-eat, TCS food prepared and packaged by a processing
95.7
plant and opened and held for more than 24 hours, must be clearly marked using an
95.8
effective method to indicate the day or date by which the food must be consumed on the
95.9
premises, sold, or discarded, which is 7 calendar days or less from the date the original
95.10
container is opened;P2 and
(1) the date the original container is opened in the food establishment
95.11
95.12
must be counted as day 1;P2 and
(2) the day or date marked by the food establishment must not exceed
95.13
95.14
the manufacturer's use-by date.P2
95.15
C. Except as specified in items E and F, a container of A refrigerated,
95.16
ready-to-eat potentially hazardous TCS food prepared and packaged by a food processing
95.17
plant shall be clearly marked at the time the original container is opened in a food
95.18
establishment to indicate the date by which the food shall be consumed, which is seven
95.19
calendar days or less after the original container is opened including the day the original
95.20
container is opened, if the food is maintained at 5 degrees C (41 degrees F) or less.
95.21
ingredient or a portion of a refrigerated, ready-to-eat TCS food that is subsequently
95.22
combined with additional ingredients or portions of food must retain the date marking of
95.23
the earliest-prepared or first-prepared ingredient.P2
95.24
95.25
D. Except as specified in items E and F, a container of refrigerated, ready-to-eat,
potentially hazardous food prepared and packaged by a food processing plant and
4626.0400
95
05/11/17
REVISOR
SGS/IL
RD4071
96.1
subsequently opened and frozen in a food establishment shall be clearly marked A date
96.2
marking system that meets the criteria in items A and B may include:
(1) when the food is thawed, to indicate that the food shall be consumed
96.3
96.4
within 24 hours; or using a method approved by the regulatory authority based on meeting
96.5
the requirements of this part for refrigerated, ready-to-eat TCS food that is frequently
96.6
rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as
96.7
soft-serve mix or milk in a dispensing machine;
(2) at both of the following times: marking the date or day of preparation,
96.8
96.9
with a procedure to discard the food on or before the last date or day by which the food
96.10
must be consumed on the premises, sold, or discarded as specified in item A;
96.11
(a) to indicate the time between the opening of the original container
96.12
and freezing that the food is held refrigerated, which is limited to seven calendar days or
96.13
less after opening the original container, including the day the original container is opened,
96.14
if the food is maintained at 5 degrees C (41 degrees F) or less; and
(b) when the food is removed from the freezer, to indicate the date by
96.15
96.16
which the food shall be consumed, which is seven calendar days, minus the time before
96.17
freezing that the food is held refrigerated if the food is maintained at 5 degrees C (41
96.18
degrees F) or less before and after freezing.
(3) marking the date or day the original container is opened in a food
96.19
96.20
establishment, with a procedure to discard the food on or before the last date or day by which
96.21
the food must be consumed on the premises, sold, or discarded as specified in item B; or
(4) using calendar dates, days of the week, color-coded marks, or other
96.22
96.23
effective marking methods, provided that the marking system is disclosed to the regulatory
96.24
authority upon request.
4626.0400
96
05/11/17
97.1
97.2
REVISOR
SGS/IL
RD4071
E. Items A to D and B do not apply to individual meal portions served or
repackaged for sale from a bulk container upon a consumer's request.
97.3
F. Items A and B do not apply to shellstock.
97.4
F. G. Items C and D do not apply to whole, unsliced portions of a cured
97.5
and processed product with the original casing maintained on the remaining portion,
97.6
including bologna, salami, or other sausage in a cellulose casing. Item B does not apply
97.7
to the following foods prepared and packaged by a food processing plant inspected by a
97.8
regulatory authority:
(1) deli salads, such as ham salad, seafood salad, chicken salad, egg salad,
97.9
97.10
pasta salad, potato salad, and macaroni salad, manufactured according to Code of Federal
97.11
Regulations, title 21, part 110;
(2) hard cheeses containing not more than 39 percent moisture such
97.12
97.13
as cheddar, gruyere, parmesan reggiano, and romano, as defined in Code of Federal
97.14
Regulations, title 21, part 133;
(3) semi-soft cheese containing more than 39 percent moisture, such as
97.15
97.16
blue, edam, gorgonzola, gouda, and monterey jack, but not more than 50 percent moisture,
97.17
as defined in Code of Federal Regulations, title 21, part 133;
(4) cultured dairy products such as yogurt, sour cream, and buttermilk, as
97.18
97.19
defined in Code of Federal Regulations, title 21, part 131;
97.20
(5) preserved fish products, such as pickled herring and dried or salted cod,
97.21
and other acidified fish products defined in Code of Federal Regulations, title 21, part 114;
(6) shelf-stable, dry fermented sausages, such as pepperoni and Genoa
97.22
97.23
salami; and
(7) shelf-stable salt-cured products such as prosciutto and Parma (ham).
97.24
4626.0400
97
05/11/17
98.1
98.2
REVISOR
SGS/IL
RD4071
4626.0405 3-501.18 READY-TO-EAT, POTENTIALLY HAZARDOUS TCS FOOD;
DISPOSITION.* 3-501.18
98.3
A. A food specified in part 4626.0400, item A or B, shall must be discarded
98.4
if not consumed within seven calendar days from the date of preparation, provided the
98.5
food is maintained at 5 degrees C (41 degrees F) or less, except for those food products
98.6
that are prepared in a food package or container that is sealed, moisture impermeable, and
98.7
previously unopened before preparation or handling.:
(1) the time exceeds 7 days as specified in part 4626.0400, item A, except
98.8
98.9
time that the product is frozen;P1 or
(2) it is in a container or package that does not bear a date or day.P1
98.10
98.11
B. A food specified in part 4626.0400, item B, subitem (1) or D, subitem
98.12
(1), shall be discarded if not consumed within 24 hours after thawing. Refrigerated,
98.13
ready-to-eat, TCS food prepared in a food establishment and dispensed through a
98.14
refrigerated vending machine with an automatic shutoff control must be discarded if the
98.15
time exceeds 7 days as specified in part 4626.0400, item A.P1
98.16
C. A food specified in part 4626.0400, item B, subitems (2) and (3) or D,
98.17
subitems (2) and (3), shall be discarded on or before the most recent date marked on the
98.18
food container or package if the food is not consumed by that date.
98.19
D. A food specified in part 4626.0400, item C, shall be discarded if not
98.20
consumed within seven calendar days after the date that the original container is opened,
98.21
including the day the original container is opened, if the food is maintained at 5 degrees
98.22
C (41 degrees F) or less.
98.23
98.24
E. A food specified in part 4626.0400, item A, B, C, or D, shall be discarded
if the food is:
(1) marked with the date specified in part 4626.0400, item A, B, C, or D,
98.25
98.26
and the food is not consumed before the most recent date expires;
4626.0405
98
05/11/17
REVISOR
SGS/IL
RD4071
99.1
(2) in a container or package that does not bear a date or time; or
99.2
(3) inappropriately marked with a date or time that exceeds the date or time
99.3
specified in part 4626.0400, item A, B, C, or D.
99.4
4626.0408 TIME AS PUBLIC HEALTH CONTROL. 3-501.19
99.5
A. Except as specified in item D, if time only, rather than in conjunction with
99.6
temperature control, is used as the public health control for a working supply of TCS food
99.7
before cooking, or for ready-to-eat TCS food that is displayed or held for sale or service,
99.8
written procedures must be prepared in advance, maintained in the food establishment,
99.9
and made available to the regulatory authority upon request that specify:P2
99.10
(1) methods of compliance with item B, subitems (1) to (3), or C;P2 and
99.11
(2) methods of compliance with part 4626.0385 for food that is prepared,
99.12
99.13
99.14
cooked, and refrigerated before time is used as a public health control.P2
B. If time only, rather than in conjunction with temperature control, is used as
the public health control up to a maximum of 4 hours:
(1) the food must have an initial temperature of less than 41 degrees F
99.15
99.16
(5 degrees C) or greater than 135 degrees F (57 degrees C) when it is removed from
99.17
temperature control;P1
(2) the food must be marked or otherwise identified to indicate the time
99.18
99.19
that is 4 hours past the point in time when the food is removed from temperature control;P2
(3) the food must be cooked and served, served at any temperature if
99.20
99.21
ready-to-eat, or discarded, within 4 hours from the point in time when the food is removed
99.22
from temperature control;P1 and
(4) the food in unmarked containers or packages, or food marked to exceed
99.23
99.24
a 4-hour limit must be discarded.P1
4626.0408
99
05/11/17
100.1
100.2
REVISOR
SGS/IL
RD4071
C. If time only, rather than in conjunction with temperature control, is used as
the public health control up to a maximum of 6 hours:
100.3
(1) the food must have an initial temperature of 41 degrees F (5 degrees C)
100.4
or less when removed from temperature control and the food temperature must not exceed
100.5
70 degrees F (21 degrees C) within a maximum time period of 6 hours;P1
(2) the food must be monitored to ensure the warmest portion of the food
100.6
100.7
does not exceed 70 degrees F (21 degrees C) during the 6-hour period;P2
(3) the food must be marked or otherwise identified to indicate:P2
100.8
(a) the time when the food is removed from 41 degrees F (5 degrees C)
100.9
100.10
or less cold holding temperature control;P2 and
(b) the time that is 6 hours past the time when the food is removed
100.11
100.12
from cold holding temperature control;P2
(4) the food must be:
100.13
(a) discarded if the temperature of the food exceeds 70 degrees F
100.14
100.15
(21 degrees C);P1 or
(b) cooked and served, served at any temperature if ready-to-eat,
100.16
100.17
or discarded within a maximum of 6 hours from the time the food is removed from 41
100.18
degrees F (5 degrees C) or less cold holding temperature control;P1 and
(5) the food in unmarked containers or packages, or marked with a time
100.19
100.20
100.21
100.22
that exceeds the 6-hour limit, must be discarded.P1
D. A food establishment that serves a highly susceptible population may not use
time as specified in item A, B, or C as the public health control for raw eggs.
4626.0408
100
05/11/17
101.1
101.2
101.3
REVISOR
SGS/IL
RD4071
4626.0415 3-502.11 SPECIALIZED PROCESSING HACCP VARIANCE
REQUIREMENTS.* 3-502.11
A HACCP plan shall be prepared by A food establishment must obtain a variance
101.4
from the regulatory authority as specified in parts 4626.1690 to 4626.1700 before:
101.5
A. smoking or curing food, except for smoking done for the purpose of
101.6
101.7
imparting flavor only and not as a part of the cooking process;
B. using food additives or adding components, including vinegar, to:
101.8
(1) preserve food rather than to enhance flavor; or
101.9
(2) render a food so that it is not potentially hazardous; or
101.10
C. using a reduced oxygen method of packaging food.
101.11
A. smoking food as a method of food preservation rather than as a method
101.12
of flavor enhancement;P2
101.13
B. curing food;P2
101.14
C. using food additives or adding components, such as vinegar:
(1) as a method of food preservation rather than as a method of flavor
101.15
101.16
enhancement;P2 or
(2) to render a food so that it is not TCS;P2
101.17
101.18
D. packaging TCS food using a reduced oxygen packaging method except
101.19
where the growth of and toxin formation by Clostridium botulinum and the growth of
101.20
Listeria monocytogenes are controlled as specified in part 4626.0420;P2
101.21
101.22
E. operating a molluscan shellfish life-support system display tank used to store
and display shellfish that are offered for human consumption;P2
101.23
F. custom processing animals that are for personal use as food and not for sale
101.24
or service in a food establishment and not under USDA or "state equal to" inspections;P2
4626.0415
101
05/11/17
REVISOR
SGS/IL
RD4071
102.1
G. sprouting seeds or beans;P2 or
102.2
H. preparing food by any method that is not in compliance with this Code.P2
102.3
102.4
102.5
4626.0420 3-502.12 REDUCED OXYGEN PACKAGING WITHOUT A
VARIANCE; CRITERIA.* 3-502.12
A. A food establishment that packages potentially hazardous food using a
102.6
reduced oxygen packaging method shall have a HACCP plan that contains the information
102.7
specified in part 4626.1735, item A, subitem (4).
102.8
B. A HACCP plan under item A shall:
102.9
(1) identify the food to be packaged;
102.10
(2) limit the food packaged to a food that does not support the growth of
102.11
Clostridium botulinum because the food:
102.12
(a) has an aw of 0.91 or less;
102.13
(b) has a pH of 4.6 or less;
102.14
(c) is a food with a high level of competing organisms, including raw
102.15
meat, raw poultry, or a naturally cultured standardized cheese; or
(d) is a meat or poultry product:
102.16
102.17
i. cured at a food processing plant regulated by the United States
102.18
Department of Agriculture and received at the food establishment in an intact package; or
102.19
ii.
102.20
Regulations, title 9, sections 318.7 and 381.147;
(3) specify how the food will be maintained at 5 degrees C (41 degrees F)
102.21
102.22
cured using substances specified in Code of Federal
or below;
4626.0420
102
05/11/17
REVISOR
SGS/IL
RD4071
103.1
(4) describe how the packages will be prominently and conspicuously
103.2
labeled on the principal display panel in bold type on a contrasting background, with
103.3
instructions to:
103.4
(a) keep refrigerated or frozen; and
103.5
(b) discard the food if within 14 calendar days of its packaging it is
103.6
not served for on-premises consumption, or consumed if served or sold for off-premises
103.7
consumption unless a variance, including a HACCP plan, has been granted by the
103.8
regulatory authority under parts 4626.1690 to 4626.1715;
(5) limit the shelf life to no more than 14 calendar days from packaging
103.9
103.10
to consumption or the original manufacturer's "sell by" or "use by" date, whichever
103.11
occurs first, unless a variance, including a HACCP plan, has been granted under parts
103.12
4626.1690to 4626.1715;
(6) include operational procedures that:
103.13
103.14
(a) comply with part 4626.0225 relating to contamination from hands;
103.15
(b) identify a designated area and the method by which:
i. physical barriers or methods of separation of raw foods and
103.16
103.17
ready-to-eat foods minimize cross contamination; and
ii. access to the processing equipment is restricted to responsible
103.18
103.19
trained personnel familiar with the potential hazards of the operation; and
(c) delineate cleaning and sanitization procedures for food-contact
103.20
103.21
surfaces; and
(7) describe the training program that ensures that the individual
103.22
103.23
responsible for the reduced oxygen packaging operation understands the:
(a) concepts required for a safe operation;
103.24
4626.0420
103
05/11/17
REVISOR
SGS/IL
RD4071
104.1
(b) equipment and facilities; and
104.2
(c) procedures specified in subitem (6) and part 4626.1735, item A,
104.3
104.4
104.5
104.6
104.7
104.8
subitem (3).
C. Except for fish that is frozen before, during, and after packaging, a food
establishment shall not package fish using a reduced oxygen packaging method.
D. If a variance from item B, subitem (2), is requested according to parts
4626.1690 to 4626.1715, the variance request shall include a HACCP plan.
A. Except for a food establishment that obtains a variance as specified in
104.9
part 4626.0415, a food establishment that packages TCS food using a reduced oxygen
104.10
packaging method must control the growth and toxin formation of Clostridium botulinum
104.11
and the growth of Listeria monocytogenes.P1
104.12
B. Except as specified in item F, a food establishment that packages TCS food
104.13
using a reduced oxygen packaging method must have a HACCP plan that contains the
104.14
information in part 4626.1735 and that:P2
104.15
(1) identifies the food to be packaged;P2
104.16
(2) except as specified in items C to E, requires that the packaged food
104.17
must be maintained at 41 degrees F (5 degrees C) or less and meet at least 1 of the
104.18
following criteria:P2
104.19
(a) has an aw of 0.91 or less;P2
104.20
(b) has a pH of 4.6 or less;P2
104.21
(c) is a meat or poultry product cured at a food processing plant
104.22
regulated by the USDA using substances specified in Code of Federal Regulations, title 9,
104.23
subpart C, section 424.21, and is received in an intact package;P2 or
4626.0420
104
05/11/17
REVISOR
RD4071
(d) is a food with a high level of competing organisms such as raw
105.1
105.2
SGS/IL
meat, raw poultry, or raw vegetables;P2
(3) describes how the package must be prominently and conspicuously
105.3
105.4
labeled on the principal display panel in bold type on a contrasting background, with
105.5
instructions to:P2
105.6
(a) maintain the food at 41 degrees F (5 degrees C) or below;P2 and
105.7
(b) discard the food if within 30 calendar days of its packaging it is
105.8
not served for on-premises consumption, or consumed if served or sold for off-premises
105.9
consumption;P2
(4) limits the refrigerated shelf life to no more than 30 calendar days from
105.10
105.11
packaging to consumption, except the time the product is maintained frozen, or the
105.12
original manufacturer's "sell by" or "use by" date, whichever occurs first;P1
(5) includes operational procedures that:
105.13
(a) prohibit contacting ready-to-eat food with bare hands as specified
105.14
105.15
in part 4626.0225, item A;P2
(b) identify a designated work area and the method by which:P2
105.16
i. physical barriers or methods of separation of raw foods and
105.17
105.18
ready-to-eat foods minimize cross-contamination;P2 and
ii. access to the processing equipment is limited to responsible
105.19
105.20
trained personnel familiar with the potential hazards of the operation;P2
(c) delineate cleaning and sanitization procedures for food-contact
105.21
105.22
surfaces;P2
(6) describes the training program that ensures that the individual
105.23
105.24
responsible for the reduced oxygen packaging operation understands the:P2
4626.0420
105
05/11/17
REVISOR
SGS/IL
RD4071
106.1
(a) concepts required for a safe operation;P2
106.2
(b) equipment and facilities;P2 and
106.3
(c) procedures in subitem (5) and part 4626.1735, items C and D;P2 and
(7) is provided to the regulatory authority prior to implementation as
106.4
106.5
106.6
required by part 4626.1730, item B.
C. Except for fish that is frozen before, during, and after packaging, a food
106.7
establishment must not package fish using a reduced oxygen packaging method. Reduced
106.8
oxygen packaged fish must be held frozen until used or removed from reduced oxygen
106.9
packaging prior to the thawing process.P1
106.10
106.11
D. Except as specified in items C and F, a food establishment that packages
TCS food using a cook-chill or sous-vide process must:
(1) provide to the regulatory authority prior to implementation a HACCP
106.12
106.13
plan that contains the information in part 4626.1735, items C and D;P2
(2) ensure the food is:
106.14
(a) prepared and consumed on the premises, or prepared and consumed
106.15
106.16
off the premises but within the same business entity with no distribution or sale of the
106.17
packaged product to another business entity or the consumer;P2
(b) cooked to heat all parts of the food to a temperature and for a time
106.18
106.19
as specified in part 4626.0340, items A to C;P1
(c) protected from contamination before and after cooking as specified
106.20
106.21
in parts 4626.0225 to 4626.0337 and 4626.0340 to 4626.0367;P1
(d) placed in a package with an oxygen barrier and sealed before
106.22
106.23
cooking, or placed in a package and sealed immediately after cooking and before reaching
106.24
a temperature below 135 degrees F (57 degrees C);P1
4626.0420
106
05/11/17
SGS/IL
RD4071
(e) cooled to 41 degrees F (5 degrees C) in the sealed package or bag
107.1
107.2
REVISOR
as specified in part 4626.0385 and subsequently:P1
i. cooled to 34 degrees F (1 degree C) within 48 hours of reaching
107.3
107.4
41 degrees F (5 degrees C) and held at that temperature until consumed or discarded
107.5
within 30 days after the date of packaging;P1
ii. held at 41 degrees F (5 degrees C) or less for no more than 7
107.6
107.7
days, at which time the food must be consumed or discarded;P1 or
iii. held frozen with no shelf life restriction while frozen until
107.8
107.9
consumed or used;P1
(f) held in a refrigeration unit that is equipped with an electronic
107.10
107.11
system that continuously monitors time and temperature and is visually examined for
107.12
proper operation twice daily;P2
(g) if transported off-site to a satellite location of the same business
107.13
107.14
entity, equipped with verifiable electronic monitoring devices to ensure that times and
107.15
temperatures are monitored during transportation;P2 and
(h) labeled with the product name and the date packaged;P2
107.16
(3) maintain the records required to confirm that cooling and cold holding
107.17
107.18
refrigeration time/temperature parameters are required as part of the HACCP plan and:
107.19
(a) make records available to the regulatory authority upon request;
107.20
P2
and
(b) hold records for at least 6 months;P2 and
107.21
(4) implement written operational procedures as specified in item B,
107.22
107.23
subitem (5), and a training program as specified in item B, subitem (6).P2
4626.0420
107
05/11/17
108.1
108.2
REVISOR
SGS/IL
RD4071
E. Except as specified in item F, a food establishment that packages cheese
using a reduced oxygen packaging method must:
(1) limit the cheeses packaged to those that are commercially manufactured
108.3
108.4
in a food processing plant with no ingredients added in the food establishment and that
108.5
meet the standards of identity as specified in Code of Federal Regulations, title 21, section
108.6
133.150; 133.169; or 133.187;P1
(2) have a HACCP plan that contains the information in part 4626.1735,
108.7
108.8
items C and D;P2
(3) label the package on the principal display panel with a "use by" date
108.9
108.10
that does not exceed 30 days from its packaging or the original manufacturer's "sell by" or
108.11
"use by" date, whichever occurs first;P2 and
108.12
(4) discard the reduced oxygen packaged cheese if it is not sold for
108.13
off-premises consumption or consumed within 30 calendar days of its packaging.P2
108.14
108.15
F. A HACCP plan is not required when a food establishment uses a reduced
oxygen packaging method to package TCS food that is always:
108.16
(1) labeled with the production time and date;
108.17
(2) held at 41 degrees F (5 degrees C) or less during refrigerated storage; and
108.18
(3) removed from its package in the food establishment within 48 hours
108.19
after packaging.
108.20
4626.0425 3-601.11 PACKAGED FOOD; STANDARDS OF IDENTITY. 3-601.11
108.21
When a standard of identity exists, food shall comply with the standard of identity
108.22
specified in chapters 1520, 1525, 1530, 1535, 1540, 1545, 1550, and 1555; Minnesota
108.23
Statutes, chapters 29, 30, 31, 31A, 32, and 34; and Code of Federal Regulations, titles 7, 9,
108.24
21, and 50. Where the federal authority duplicates the state, the federal standard preempts
108.25
the state standard. Packaged food must comply with parts 1545.0360 to 1545.0410 and
4626.0425
108
05/11/17
REVISOR
SGS/IL
RD4071
109.1
chapter 1550; the standard of identity requirements in Code of Federal Regulations, title
109.2
21, parts 131 to 169, and Code of Federal Regulations, title 9, part 319; and the general
109.3
requirements in Code of Federal Regulations, title 21, part 130.
109.4
4626.0430 3-601.12 FOOD HONESTLY PRESENTED. 3-601.12
109.5
109.6
109.7
A. Food shall must be offered for human consumption in a way that does not
mislead or misinform the consumer.
B. Food or color additives, colored overwraps, or lights shall must not be used
109.8
to misrepresent the true appearance, color, or quality of food.
109.9
4626.0435 3-602.11 FOOD LABELS. 3-602.11
109.10
A. Packaged food for sale Food packaged in a food establishment shall must be
109.11
labeled according to: as specified in law, including Code of Federal Regulations, title 21,
109.12
part 101, and Code of Federal Regulations, title 9, part 317.
109.13
A. United States Code, title 15, sections 1451 to 1461;
109.14
B. United States Code, title 21, sections 321, 331 to 334, 335b, 337, 341 to
109.15
343-1, 345, 346a, 350a, 371 to 374, 376, 379e, and 381;
109.16
C. Code of Federal Regulations, title 21, parts 1 to 1270;
109.17
D. Code of Federal Regulations, title 9, parts 301 to 391;
109.18
E. Code of Federal Regulations, title 7, parts 51, 52, 56, and 59;
109.19
F. Code of Federal Regulations, title 50, parts 260 to 285;
109.20
G. Minnesota Statutes, chapters 29, 30, 31, 31A, 32, 33, and 34; and
109.21
H. chapters 1520, 1525, 1530, 1535, 1540, 1545, 1550, and 1555.
109.22
B. Label information must include:
4626.0435
109
05/11/17
REVISOR
RD4071
(1) the common name of the food, or absent a common name, an adequately
110.1
110.2
SGS/IL
descriptive identity statement;
(2) if made from two or more ingredients, a list of ingredients and
110.3
110.4
subingredients in descending order of predominance by weight, including a declaration of
110.5
artificial color or flavor and chemical preservatives, if contained in the food;
110.6
(3) an accurate declaration of the quantity of contents;
110.7
(4) the name and place of business of the manufacturer, packer, or
110.8
distributor;
(5) the name of the food source for each major food allergen contained
110.9
110.10
in the food unless the food source is already part of the common or usual name of the
110.11
respective ingredient;P2
110.12
(6) except as exempted under United States Code, title 21, section 343(q)(3)
110.13
to (5), nutrition labeling that includes information specified in Code of Federal Regulations,
110.14
title 21, part 101, and Code of Federal Regulations, title 9, part 317, subpart B; and
(7) for any salmonid fish containing canthaxanthin or astaxanthin as a color
110.15
110.16
additive, the labeling of the bulk fish container, including a list of ingredients, displayed
110.17
on the retail container or by other written means, such as a counter card, must disclose
110.18
the use of canthaxanthin or astaxanthin.
C. Bulk food that is available for consumer self-dispensing must be prominently
110.19
110.20
labeled with the following information in plain view of the consumer:
(1) the manufacturer's or processor's label that was provided with the
110.21
110.22
food; or
(2) a card, sign, or other method of notification that includes the
110.23
110.24
information in item B, subitems (1), (2), and (6).
4626.0435
110
05/11/17
111.1
111.2
REVISOR
SGS/IL
RD4071
D. Bulk, unpackaged foods such as bakery products and unpackaged foods that
are portioned to consumer specification need not be labeled if:
111.3
(1) a health, nutrient content, or other claim is not made;
111.4
(2) labeling is not required under parts 1520.1600 and 1545.0810 to
111.5
1545.0880, chapter 1550, and Minnesota Statutes, section 31.12; and
(3) the food is manufactured or prepared on the premises of the food
111.6
111.7
establishment or at another food establishment or a food processing plant that is owned by
111.8
the same person and is regulated by the food regulatory agency that has jurisdiction.
111.9
4626.0440 3-602.12 OTHER FORMS OF INFORMATION. 3-602.12
111.10
A. Consumer information, including nutritional information, and consumer
111.11
warnings shall be provided if required by United States Code, title 21, section 321, 331 to
111.12
334, 335b, 337, 341 to 343-1, 345, 346a, 350a, 371 to 374, 376, 379e, or 381. If required
111.13
by law, consumer warnings must be provided.
111.14
B. The Food establishment's or manufacturer's dating information on foods
111.15
shall must not be concealed or altered and shall be in compliance with parts 1550.1030
111.16
to 1550.1250.
111.17
C. Bulk food that is available for consumer self-service shall be prominently
111.18
labeled as specified in Minnesota Statutes, sections 31.80 to 31.875, and Code of Federal
111.19
Regulations, title 21, part 101, with the following information in plain view of the
111.20
consumer:
(1) the manufacturer's or processor's label that was provided with the food,
111.21
111.22
including nutritional labeling; or
(2) a card, sign, placard, or other method of notification clearly displayed at
111.23
111.24
the point of purchase that includes:
(a) the common or usual name of the food;
111.25
4626.0440
111
05/11/17
REVISOR
SGS/IL
RD4071
112.1
(b) a list of ingredients in descending order of predominance;
112.2
(c) a declaration of artificial color if contained in the food, except
112.3
that the food colors certified under United States Code, title 21, section 379e, and their
112.4
respective lakes, as the term "lake" is defined in Code of Federal Regulations, title 21,
112.5
section 70.3, shall be individually listed;
(d) a declaration of flavor and chemical preservatives if contained in
112.6
112.7
the food;
(e) for self-service beverage dispensers, conspicuous labeling attached
112.8
112.9
to the beverage dispenser declaring the name of the beverage, artificial flavors, artificial
112.10
colors including the Federal Food, Drug, and Cosmetic Act Yellow No. 5, the name and
112.11
quantity of preservatives, and, if labeled as fruitade or drink, the ingredients in descending
112.12
order of predominance; and
(f) nutrition labeling if specified in Code of Federal Regulations,
112.13
112.14
112.15
title 21, part 101.
D. Foods that meet the exemptions and special labeling provision specified
112.16
in Code of Federal Regulations, title 21, section 101.9, paragraph (j), are exempt from
112.17
nutritional labeling if no nutrient content claim or health claim is made.
112.18
4626.0442 CONSUMER ADVISORY; DISCLOSURE. 3-603.11
112.19
A. Except as specified in parts 4626.0340, items C and D, subitem (4), and
112.20
4626.0447, item C, if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry,
112.21
or shellfish is served or sold raw, undercooked, or without otherwise being processed to
112.22
eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat
112.23
food, the license holder shall inform consumers of the significantly increased risk of
112.24
consuming such foods by way of a disclosure and reminder, as specified in items B and C,
4626.0442
112
05/11/17
REVISOR
SGS/IL
RD4071
113.1
using brochures, deli case or menu advisories, label statements, table tents, placards, or
113.2
other effective written means.P2
113.3
B. The disclosure must include:
(1) a description of the animal-derived foods, such as "oysters on the
113.4
113.5
half shell (raw oysters)," "raw-egg Caesar salad," and "hamburgers (can be cooked to
113.6
order)";P2 or
(2) identification of the animal-derived foods by asterisking them to a
113.7
113.8
footnote that states the items are served raw or undercooked, or contain, or may contain,
113.9
raw or undercooked ingredients.P2
113.10
113.11
C. The reminder must include asterisking the animal-derived foods requiring
disclosure to a footnote that states:
(1) regarding the safety of these items, written information is available
113.12
113.13
upon request;P2
(2) consuming raw or undercooked meats, poultry, seafood, shellfish, or
113.14
113.15
eggs may increase your risk of foodborne illness;P2 or
(3) consuming raw or undercooked meats, poultry, seafood, shellfish, or
113.16
113.17
eggs may increase your risk of foodborne illness, especially if you have certain medical
113.18
conditions.P2
113.19
113.21
4626.0445 3-701.11 DISCARDING OR RECONDITIONING ADULTERATED
OR MISBRANDED UNSAFE, ADULTERATED, OR CONTAMINATED FOOD.*
3-701.11
113.22
A. Food that is adulterated or misbranded shall be reconditioned according to
113.20
113.23
Minnesota Statutes, section 31.495, or discarded. A food that is unsafe, adulterated, or
113.24
not honestly presented as specified in part 4626.0125 must be discarded or reconditioned
113.25
according to Minnesota Statutes, section 31.495.P1
4626.0445
113
05/11/17
114.1
114.2
114.3
REVISOR
SGS/IL
RD4071
B. Food that is not from an approved source specified in parts 4626.0130 to
4626.0160 shall must be discarded.P1
C. Ready-to-eat food that may have been adulterated contaminated by an
114.4
employee who has been restricted or excluded as specified in part 4626.0045 shall must
114.5
be discarded.P1
114.6
D. Food that is adulterated contaminated by food employees, consumers, or
114.7
other persons through contact with hands, bodily discharges, including nasal or oral
114.8
discharges, or any other means shall must be discarded.P1
114.9
4626.0447 FOOD SERVED TO A HIGHLY SUSCEPTIBLE POPULATION.
3-801.11
114.10
114.11
114.12
114.13
In a food establishment that serves a highly susceptible population, the criteria in
this part must be followed.
A. The following criteria apply to juice:
114.14
(1) for the purposes of this item only, children who are age 9 or less and
114.15
receive food in a school, day care setting, or similar facility that provides custodial care
114.16
are included as highly susceptible populations;
(2) prepackaged juice or a prepackaged beverage containing juice, that
114.17
114.18
bears a warning label as specified in Code of Federal Regulations, title 21, part 101, subpart
114.19
A, section 101.17(g), or a packaged juice or beverage containing juice, that bears a warning
114.20
label as specified in part 4626.0367, item B, must not be served or offered for sale;P1 and
114.21
(3) unpackaged juice that is prepared on the premises for service or sale in
114.22
a ready-to-eat form must be processed under a HACCP plan that contains the information
114.23
in part 4626.1735, items C to E, and Code of Federal Regulations, title 21, part 120,
114.24
subpart B, section 120.24.P1
4626.0447
114
05/11/17
(1) foods such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise,
meringue, eggnog, ice cream, and egg-fortified beverages;P1 and
(2) except as specified in item F, recipes in which more than 1 egg is
115.5
115.6
broken and the eggs are combined.P1
C. The following foods may not be served or offered for sale in a ready-to-eat
115.7
115.8
form:
(1) raw animal foods such as raw fish, raw marinated fish, raw molluscan
115.9
115.10
shellfish, and steak tartare;P1
(2) a partially cooked animal food such as lightly cooked fish, rare meat,
115.11
115.12
soft-cooked eggs that are made from raw eggs, and meringue;P1 and
(3) raw seed sprouts.P1
115.13
D. Food employees may not contact ready-to-eat food as specified in part
115.14
115.15
4626.0225, item A.P1
E. Time only, as the public health control as specified in part 4626.0408, item
115.16
115.17
RD4071
preparation of:
115.3
115.4
SGS/IL
B. Pasteurized eggs or egg products must be substituted for raw eggs in the
115.1
115.2
REVISOR
D, may not be used for raw eggs.P1
F. Item B, subitem (2), does not apply if:
115.18
(1) the raw eggs are combined immediately before cooking for one
115.19
115.20
consumer's serving at a single meal, cooked as specified in part 4626.0340, item A,
115.21
subitem (1), and served immediately, such as an omelet, souffle, or scrambled eggs;
(2) the raw eggs are combined as an ingredient immediately before baking
115.22
115.23
and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or
115.24
bread; or
4626.0447
115
05/11/17
REVISOR
SGS/IL
(3) the preparation of the food is conducted under a HACCP plan that:
116.1
116.2
(a) identifies the food to be prepared;
116.3
(b) prohibits contacting ready-to-eat food with bare hands;
116.4
(c) includes specifications and practices that ensure:
i. Salmonella Enteritidis growth is controlled before and after
116.5
116.6
cooking; and
ii. Salmonella Enteritidis is destroyed by cooking the eggs
116.7
116.8
according to the temperature and time specified in part 4626.0340, item A, subitem (2);
(d) contains the information in part 4626.1735, item D, including
116.9
116.10
procedures that:
i. control cross-contamination of ready-to-eat food with raw
116.11
116.12
eggs; and
ii. delineate cleaning and sanitization procedures for food-contact
116.13
116.14
surfaces; and
(e) describes the training program that ensures that the food employee
116.15
116.16
116.17
116.18
116.19
RD4071
responsible for the preparation of the food understands the procedures to be used.
G. Except as specified in item H, food may be re-served as specified in part
4626.0335, item B, subitems (1) and (2).
H. Food may not be re-served under the following conditions:
(1) any food served to patients or clients who are under contact precautions
116.20
116.21
in medical isolation, quarantine, or protective environment isolation may not be re-served
116.22
to others outside; or
(2) packages of food from any patients, clients, or other consumers must
116.23
116.24
not be re-served to persons in protective environment isolation.
4626.0447
116
05/11/17
REVISOR
SGS/IL
RD4071
117.2
4626.0450 4-101.11 FOOD-CONTACT SURFACES; CHARACTERISTICS AND
MATERIALS.* 4-101.11
117.3
Materials that are used in the construction of utensils and food-contact surfaces of
117.1
117.4
equipment shall must not allow the migration of deleterious substances or impart colors,
117.5
odors, or tastes to food and under normal use conditions shall must be:P1
117.6
A. safe;P1
117.7
B. durable, corrosion-resistant, and nonabsorbent;
117.8
C. sufficient in weight and thickness to withstand repeated warewashing;
117.9
D. finished to have a smooth, easily cleanable surface; and
117.10
E. resistant to pitting, chipping, crazing, scratching, scoring, distortion, and
N
N
N
117.11
decomposition.
117.12
4626.0455 4-101.12 CAST IRON; USE LIMITATION. 4-101.12
117.13
117.14
N
A. Except as specified in items B and C, cast iron shall must not be used for
utensils or food-contact surfaces of equipment.
117.15
[For text of items B and C, see M.R.]
117.16
4626.0460 4-101.13 CERAMIC, CHINA, AND CRYSTAL UTENSILS; LEAD USE
LIMITATION. 4-101.13
117.17
117.18
A. Ceramic, china, crystal utensils, and decorative utensils, including such as
117.19
hand-painted ceramic or china, that are used in contact with food shall must be lead-free
117.20
or contain levels of lead not exceeding the limits of the following utensil categories:P1
117.22
Utensil Category
Ceramic Article Description
Maximum Lead
mg/L
117.23
Hot Beverage mugs, cups,
pitchers
Coffee mugs
0.5
Large hollowware (excluding
pitchers)
Bowls > 1.1 liter (1.16 quart)
Bowls ≥ 1.16 quart (1.1 liter)
1 1.0
117.21
117.24
117.25
117.26
4626.0460
117
05/11/17
REVISOR
SGS/IL
RD4071
Bowls < 1.1 liter (1.16 quart)
Bowls < 1.16 quart (1.1 liter)
2.0
118.2
Small hollowware (excluding
cups and mugs)
118.3
Flat utensils tableware
Plates, saucers
3.0
118.1
118.4
118.5
118.6
B. Pewter alloys containing lead in excess of 0.05 percent must not be used as
a food-contact surface.P1
C. Solder and flux containing lead in excess of 0.2 percent must not be used
118.7
as a food-contact surface.
118.8
4626.0465 4-101.14 COPPER; USE LIMITATION.* 4-101.14
118.9
A. Except as specified in item B, copper and copper alloys, including such as
118.10
brass, shall must not be used in contact with a food that has a pH below six 6, including
118.11
such as vinegar, fruit juice, or wine, or for a fitting or tubing installed between a backflow
118.12
prevention device and a carbonator.P1
118.13
B. Copper and copper alloys may be used in contact with beer brewing
118.14
ingredients that have a pH below six 6 in the prefermentation and fermentation steps of
118.15
a brewpub, microbrewery, or other beer brewing operation beer brewing operation such
118.16
as a brewpub or microbrewery.
118.17
4626.0470 4-101.15 GALVANIZED METAL; USE LIMITATION.* 4-101.15
118.18
Galvanized metal shall must not be used for utensils or food-contact surfaces of
118.19
equipment that are used for beverages, acidic food, moist food, or hygroscopic food in
118.20
contact with acidic food.P1
118.21
4626.0475 4-101.16 SPONGES; USE LIMITATION. 4-101.16
118.22
118.23
Sponges shall must not be used in contact with cleaned and sanitized or in-use
food-contact surfaces.
4626.0475
118
05/11/17
119.1
119.2
119.3
119.4
REVISOR
RD4071
4626.0490 4-101.19 WOOD; USE LIMITATION. 4-101.17
A. Except as specified in items B to D, wood and wood wicker shall must not be
used as a food-contact surface.
B. Hard maple or an equivalently hard, close-grained wood may be used for:
(1) cutting boards, cutting blocks, bakers' tables, and utensils such as
119.5
119.6
SGS/IL
rolling pins, doughnut dowels, salad bowls, and chopsticks, and other utensils; and
(2) wooden paddles used in confectionery operations for pressure scraping
119.7
119.8
kettles when manually preparing confections at a temperature of 110 degrees C (230
119.9
degrees F) 230 degrees F (110 degrees C) or above.
[For text of item C, see M.R.]
119.10
119.11
119.12
D. If the nature of the food requires removal of rinds, peels, husks, or shells
before consumption, the whole, uncut, raw food may be kept in:
[For text of subitem (1), see M.R.]
119.13
(2) treated wood containers if the containers are treated with a preservative
119.14
119.15
that meets the requirements specified in Code of Federal Regulations, title 21, section
119.16
178.3800.
119.17
4626.0493 4-101.110 NONSTICK COATINGS; USE LIMITATIONS. 4-101.18
119.18
Multiuse kitchenware such as frying pans, griddles, sauce pans, cookie sheets, and
119.19
waffle bakers, and other multiuse kitchenware that have a perfluorocarbon resin nonstick
119.20
coating shall must be used with nonscouring or nonscratching utensils and cleaning aids.
119.21
119.22
4626.0495 4-101.111 NON-FOOD-CONTACT SURFACES; CHARACTERISTICS.
4-101.19
119.23
Non-food-contact surfaces of equipment that are exposed to splash, spillage, or
119.24
other food soiling or that require frequent cleaning shall must be constructed of a
119.25
corrosion-resistant, nonabsorbent, and smooth material.
4626.0495
119
05/11/17
REVISOR
SGS/IL
120.2
4626.0500 4-102.11 SINGLE-SERVICE AND SINGLE-USE ARTICLES;
CHARACTERISTICS.* 4-102.11
120.3
Materials that are used to make single-service and single-use articles:
120.1
120.4
A. shall must not:
120.5
(1) allow the migration of deleterious substances;P1 or
120.6
(2) impart colors, odors, or tastes to food; and
120.7
N
B. shall must be:
120.8
(1) safe;P1 and
120.9
(2) clean.
120.10
120.11
120.12
RD4071
N
4626.0505 4-201.11 EQUIPMENT AND UTENSILS. 4-201.11
A. Equipment and utensils shall must be designed and constructed to be durable
and to retain their characteristic qualities under normal use conditions.
120.13
B. Food equipment installed or placed in service after June 6, 1989, shall meet the
120.14
applicable NSF International food service equipment standards specified in this item. The
120.15
equipment shall be determined by NSF International or an American National Standards
120.16
Institute (ANSI) Z34.1 accredited independent entity, including Underwriters Laboratory
120.17
or the Edison Testing Laboratory, to be equivalent to the NSF International standard.
120.18
(1) Standard No. 2, Food Equipment, 1996 and subsequent editions.
120.19
(2) Standard No. 3, Commercial Spray-Type Dishwashing and
120.20
Glasswashing Machines, 1996 and subsequent editions.
(3) Standard No. 4, Commercial Cooking, Rethermalization, and Powered
120.21
120.22
Hot Food Holding and Transport Equipment, 1996 and subsequent editions.
(4) Standard No. 5, Water Heaters, Hot Water Supply Boilers, and Heat
120.23
120.24
Recovery Equipment, 1992 and subsequent editions.
4626.0505
120
05/11/17
REVISOR
SGS/IL
RD4071
121.1
(5) Standard No. 6, Dispensing Freezers, 1996 and subsequent editions.
121.2
(6) Standard No. 7, Food Service Refrigerators and Storage Freezers, 1990
121.3
and subsequent editions.
(7) Standard No. 8, Commercial Powered Food Preparation Equipment,
121.4
121.5
1992 and subsequent editions.
(8) Standard No. 12, Automatic Ice Making Equipment, 1992 and
121.6
121.7
subsequent editions.
(9) Standard No. 13, Refuse Compactors and Compactor Systems, 1992
121.8
121.9
and subsequent editions.
(10) Standard No. 18, Manual Food and Beverage Dispensing Equipment,
121.10
121.11
1996 and subsequent editions.
(11) Standard No. 20, Commercial Bulk Milk Dispensing Equipment, 1992
121.12
121.13
and subsequent editions.
(12) Standard No. 25, Vending Machines for Food and Beverages, 1990
121.14
121.15
and subsequent editions.
(13) Standard No. 26, Pot, Pan, and Utensil Commercial Spray-Type
121.16
121.17
Washing Machines, 1990 and subsequent editions.
(14) Standard No. 29, Detergent and Chemical Feeders for Commercial
121.18
121.19
Spray-Type Dishwashing Machines, 1992 and subsequent editions.
(15) Standard No. 35, Laminated Plastics for Surfacing Food Service
121.20
121.21
Equipment, 1991 and subsequent editions.
(16) Standard No. 51, Plastic Materials and Components Used in Food
121.22
121.23
Equipment, 1978 and subsequent editions.
(17) Standard No. 59, Food Carts, 1986 and subsequent editions.
121.24
4626.0505
121
05/11/17
REVISOR
122.3
RD4071
(18) Criteria C-2, Special Equipment and Devices, 1983 and subsequent
122.1
122.2
SGS/IL
editions.
C. Vending machines and machines used to dispense water shall meet
122.4
NSF International Standard No. 25 or meet the standards of the National Automatic
122.5
Merchandising Association (NAMA) specified in NAMA Standard for the Sanitary
122.6
Design and Construction of Food and Beverage Vending Machines, April 1990, and
122.7
subsequent editions.
122.8
122.9
122.10
D. Vending machines that vend water shall meet the standards specified in
parts 1550.3200 to 1550.3320.
E. Baking equipment shall comply with the NSF International standards
122.11
specified in item B or the Bakery Industry Sanitation Standards Committee (BISSC)
122.12
standards specified in part 1550.1490, item K.
122.13
F. If baking equipment was manufactured before September 8, 1998, and does
122.14
not comply with NSF International or BISSC standards, the equipment shall be in good
122.15
repair and shall not constitute a health hazard as determined by the regulatory authority.
122.16
122.17
G. Used equipment that does not meet the NSF International, NAMA, or BISSC
standards specified in this part at the time of installation is permitted if it:
(1) met the NSF International, NAMA, or BISSC standard in effect at
122.18
122.19
the time of manufacture;
122.20
(2) remains in good repair;
122.21
(3) is capable of being maintained in a sanitary condition;
122.22
(4) has food-contact surfaces that are not toxic;
122.23
(5) does not constitute a health hazard; and
122.24
(6) is approved by the regulatory authority.
4626.0505
122
05/11/17
REVISOR
SGS/IL
RD4071
123.1
H. If a NSF International, NAMA, or BISSC standard is not available for a
123.2
piece of equipment used in a food establishment, the equipment shall be designed for
123.3
commercial use, smooth, easily cleanable, and readily accessible for cleaning and shall
123.4
have contact surfaces that are not toxic.
123.5
123.6
123.7
I. Retail shelving and refrigeration and freezer display cases shall be constructed
as specified in item A and designed for commercial use.
J. When food service or a food operation in a child care center, residential care
123.8
home, supervised living facility, apartment building with congregate dining, boarding
123.9
establishment, bed and breakfast, or similar establishment is limited to serving ten or
123.10
fewer individuals, domestic equipment may be substituted for the commercial equipment
123.11
required under this part.
123.12
K. The NSF International, NAMA, and BISSC standards specified in this part
123.13
are incorporated by reference, are not subject to frequent change, and are available
123.14
through the Minitex interlibrary loan system.
123.15
4626.0506 EQUIPMENT.
123.16
A. The following equipment, including types of equipment listed in this part that
123.17
are custom fabricated, must be certified or classified for sanitation by an American National
123.18
Standards Institute (ANSI) accredited certification program for food service equipment:
123.19
(1) manual warewashing sinks;
123.20
(2) mechanical warewashing equipment;
123.21
(3) mechanical refrigeration units except for units or equipment designed
123.22
and used to maintain food in a frozen state;
123.23
(4) walk-in freezers;
123.24
(5) food hot-holding equipment;
4626.0506
123
05/11/17
REVISOR
SGS/IL
RD4071
124.1
(6) cooking equipment, except for microwave ovens and toasters;
124.2
(7) ice machines;
124.3
(8) mechanical slicers;
124.4
(9) mechanical tenderizers and grinders; and
124.5
(10) food preparation surfaces including sinks used for food preparation.
124.6
124.7
124.8
B. Exhaust hoods must meet the requirements in the Minnesota Mechanical
Code, Minnesota Rules, chapter 1346.
C. Vending machines and machines used to dispense water or food must be
124.9
certified or classified for sanitation by an American National Standards Institute (ANSI)
124.10
accredited certification program or be accredited to meet the standards of the National
124.11
Automatic Merchandising Association (NAMA) specified in NAMA Standard for the
124.12
Sanitary Design and Construction of Food and Beverage Vending Machines.
124.13
124.14
124.15
124.16
D. Vending machines that vend water must meet the standards in parts
1550.3200 to 1550.3320.
E. If a standard developed by an ANSI-accredited standards developer is not
available for a piece of equipment specified in item A, the equipment must:
124.17
(1) be designed for commercial use;
124.18
(2) be durable, smooth, and easily cleanable;
124.19
(3) be readily accessible for cleaning; and
124.20
(4) have food-contact surfaces that are not toxic.
124.21
F. A neighborhood kitchen may, upon approval of the regulatory authority, use
124.22
equipment other than that required in item A if the cooking of food such as raw bacon
124.23
and sausage or the use of butter, cooking oil, lard, shortening, or a nonstick cooking spray
124.24
would not result in the production of grease-laden vapors.
4626.0506
124
05/11/17
125.1
REVISOR
SGS/IL
RD4071
G. A food establishment that is an adult or child care center or boarding
125.2
establishment does not need to comply with item A if approved by the regulatory authority
125.3
and the food establishment:
125.4
(1) serves only non-TCS food; or
125.5
(2) prepares TCS foods only for same-day service.
125.6
125.7
125.8
H. A bed and breakfast serving only 1 meal a day does not need to comply
with item A.
I. A special event food stand, retail food vehicle, portable structure, or cart does
125.9
not need to comply with item A.
125.10
4626.0510 4-201.12 FOOD TEMPERATURE MEASURING DEVICES.* 4-201.12
125.11
Food temperature measuring devices shall must not have sensors or stems constructed
125.12
of glass, except that candy thermometers and other thermometers with glass sensors or
125.13
stems that are encased in a shatterproof coating such as candy thermometers may be used.P1
125.14
4626.0515 4-202.11 MULTIUSE FOOD-CONTACT SURFACES;
CHARACTERISTICS.* 4-202.11
125.15
125.16
A. Multiuse food-contact surfaces shall must be:
125.17
(1) smooth;P2
125.18
(2) free of breaks, open seams, cracks, chips, inclusions, pits, and similar
125.19
imperfections;P2
125.20
(3) free of sharp internal angles, corners, and crevices;P2
125.21
(4) finished to have smooth welds and joints;P2 and
125.22
(5) except as specified in item B, accessible for cleaning and inspection
125.23
by one of the following methods:
(a) without being disassembled;P2
125.24
4626.0515
125
05/11/17
REVISOR
SGS/IL
RD4071
126.1
(b) by disassembling without the use of tools;P2 or
126.2
(c) by easy disassembling with the use of hand-held tools commonly
126.3
available to maintenance and cleaning personnel, including such as screwdrivers, pliers,
126.4
open-end wrenches, and Allen wrenches.P2
126.5
B. Item A, subitem (5), does not apply to cooking oil storage tanks, distribution
126.6
lines for cooking oils, or beverage syrup lines or tubes.
126.7
4626.0520 4-202.12 CIP EQUIPMENT. 4-202.12
126.8
126.9
A. CIP equipment shall must meet the characteristics specified in part
4626.0515 and shall must be designed and constructed so that:
(1) cleaning and sanitizing solutions circulate throughout a fixed system
126.10
126.11
and contact all interior food-contact surfaces;P2 and
[For text of subitem (2), see M.R.]
126.12
126.13
B. CIP equipment that is not designed to be disassembled for cleaning shall
126.14
must be designed with inspection access points to ensure that all interior food-contact
126.15
surfaces throughout the fixed system are effectively cleaned.
126.16
4626.0525 4-202.13 "V" THREADS; USE LIMITATION. 4-202.13
126.17
Except for hot oil cooking or filtering equipment, "V"-type threads shall must not
126.18
be used on food-contact surfaces. This part does not apply to hot oil cooking or filtering
126.19
equipment.
126.20
4626.0530 4-202.14 HOT OIL FILTERING EQUIPMENT. 4-202.14
126.21
Hot oil filtering equipment shall must meet the characteristics specified in part
126.22
4626.0515 or 4626.0520 and shall must be readily accessible for filter replacement and
126.23
filter cleaning of the filter.
4626.0530
126
05/11/17
127.1
127.2
REVISOR
SGS/IL
4626.0535 4-202.15 CAN OPENERS. 4-202.15
Cutting or piercing parts of can openers shall must be readily removable for cleaning
127.3
and replacing replacement.
127.4
4626.0540 4-202.16 NON-FOOD-CONTACT SURFACES. 4-202.16
127.5
RD4071
Non-food-contact surfaces shall must be free of unnecessary ledges, projections, and
127.6
crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance.
127.7
4626.0545 4-202.17 KICK PLATES, REMOVABLE; ENCLOSED HOLLOW
BASES. 4-202.17
127.8
127.9
127.10
A. Kick plates shall must be designed so that the areas behind them are
accessible for inspection and cleaning by being:
(1) removable by one of the methods specified in part 4626.0515, item E,
127.11
127.12
subitems (1) to (3) A, subitem (5), or capable of being rotated open; and
127.13
[For text of subitem (2), see M.R.]
127.14
[For text of item B, see M.R.]
127.15
127.16
4626.0550 4-202.18 VENTILATION HOOD SYSTEMS; FILTERS. 4-202.18
Filters or other grease extracting equipment shall must be designed to be readily
127.17
removable for cleaning and replacing if not designed to be cleaned in place.
127.18
4626.0555 4-203.11 TEMPERATURE MEASURING DEVICES; FOOD. 4-203.11
127.19
A. Food temperature measuring devices that are scaled only in Celsius or dually
127.20
scaled in Celsius and Fahrenheit shall must be accurate to ± plus or minus 1 degree C (1.8
127.21
degrees F) in the intended range of use.P2
127.22
127.23
B. Food temperature measuring devices that are scaled only in Fahrenheit shall
must be accurate to ± plus or minus 2 degrees F in the intended range of use.P2
4626.0555
127
05/11/17
128.1
128.2
REVISOR
SGS/IL
RD4071
4626.0560 4-203.12 TEMPERATURE MEASURING DEVICES; AMBIENT AIR
AND WATER. 4-203.12
128.3
A. Ambient air and water temperature measuring devices that are scaled in
128.4
Celsius or dually scaled in Celsius and Fahrenheit shall must be designed to be easily
128.5
readable and accurate to plus or minus 1.5 degrees C (2.7 degrees F) at in the use intended
128.6
range of use.P2
128.7
B. Ambient air and water temperature measuring devices that are scaled only
128.8
in Fahrenheit shall must be accurate to plus or minus 3 degrees F at in the use intended
128.9
range of use.P2
128.10
4626.0563 PRESSURE MEASURING DEVICES; MECHANICAL
WAREWASHING EQUIPMENT. 4-203.13
128.11
128.12
Pressure measuring devices that display the pressures in the water supply line for the
128.13
fresh hot water sanitizing rinse shall must have increments of seven kilopascals 1 pound
128.14
per square inch (one pound per square inch 7 kilopascals) or smaller and shall must be
128.15
accurate to 14 kilopascals plus or minus 2 pounds per square inch (2 pounds per square
128.16
inch plus or minus 14 kilopascals) in the 100 to 170 kilopascals (15 to 25 pounds per
128.17
square inch) range indicated on the manufacturer's data plate.
128.18
4626.0565 4-204.11 VENTILATION HOOD SYSTEMS, DRIP PREVENTION.
4-204.11
128.19
128.20
Exhaust ventilation hood systems in food preparation and warewashing areas,
128.21
including hoods, fans, guards, ducting, and other components, shall must be designed to
128.22
prevent grease or condensation from draining or dripping onto food, equipment, utensils,
128.23
linens, and single-service and single-use articles.
128.24
4626.0570 4-204.12 EQUIPMENT OPENINGS, CLOSURES, AND DEFLECTORS.
4-204.12
128.25
A. A cover or lid for equipment shall must overlap the opening and be sloped
128.26
128.27
to drain.
4626.0570
128
05/11/17
129.1
REVISOR
SGS/IL
RD4071
B. An opening located within the top of a unit of equipment that is designed for
129.2
use with a cover or lid shall must be flanged upward at least five millimeters (two-tenths
129.3
inch) 2/10 inch (5 millimeters).
129.4
C. Except as specified in item D, fixed piping, temperature measuring devices,
129.5
rotary shafts, and other parts extending into equipment shall must be provided with a
129.6
watertight joint at the point where the item enters the equipment.
129.7
D. If a watertight joint is not provided:
(1) the piping, temperature measuring devices, rotary shafts, and other
129.8
129.9
parts extending through the openings shall must be equipped with an apron designed to
129.10
deflect condensation, drips, and dust from food openings into the food; and
129.11
(2) the opening shall must be flanged as specified in item B.
129.12
129.13
129.14
129.15
4626.0575 4-204.13 DISPENSING EQUIPMENT; PROTECTION OF EQUIPMENT
AND FOOD. 4-204.13
In equipment that dispenses or vends liquid food or ice in unpackaged form:
A. the delivery tube, chute, orifice, and splash surfaces directly above the
129.16
container receiving the food shall must be designed in a manner, such as with barriers,
129.17
baffles, or drip aprons, or similar devices to divert so that drips from condensation and
129.18
splash are diverted from the opening of the container receiving the food;
129.19
129.20
129.21
B. the delivery tube, chute, and orifice shall must be recessed or otherwise
protected from manual contact such as by being recessed;
C. the delivery tube or chute and orifice of equipment used to vend liquid food
129.22
or ice in unpackaged form to self-service consumers shall must be designed so that the
129.23
delivery tube or chute and orifice are protected from dust, insects, rodents, and other
129.24
contamination by a self-closing door if the equipment is:
[For text of subitem (1), see M.R.]
129.25
4626.0575
129
05/11/17
REVISOR
RD4071
(2) available for self-service during hours when it is not under the full-time
130.1
130.2
SGS/IL
supervision of a food employee; and
D. the dispensing equipment actuating lever or mechanism and filling device of
130.3
130.4
consumer self-service beverage dispensing equipment shall must be designed to prevent
130.5
contact with the lip-contact surface of glasses or cups that are refilled.; and
E. the dispensing equipment in which TCS food in a homogenous liquid form
130.6
130.7
is maintained outside of the temperature control requirements in part 4626.0395, item
130.8
A, must:
(1) be specifically designed and equipped to maintain the commercial
130.9
130.10
sterility of aseptically packaged food in a homogenous liquid form for a specified duration
130.11
from the time of opening the packaging within the equipment;P1 and
(2) conform to the requirements for this equipment as specified in
130.12
130.13
NSF/ANSI 18-2006 (Manual Food and Beverage Dispensing Equipment).P1
130.14
4626.0580 4-204.14 VENDING MACHINE; VENDING STAGE CLOSURE. 4-204.14
130.15
The dispensing compartment of a vending machine, including a machine that is
130.16
designed to vend prepackaged snack food that is not TCS, such as chips, party mixes, and
130.17
pretzels, and other prepackaged snack food that is not potentially hazardous, shall must be
130.18
equipped with a self-closing door or cover if the machine is:
[For text of items A and B, see M.R.]
130.19
130.20
4626.0585 4-204.15 BEARINGS AND GEAR BOXES; LEAKPROOF. 4-204.15
130.21
Equipment containing bearings and gears that require lubricants shall must be
130.22
designed and constructed so that the lubricant cannot leak, drip, or be forced into food or
130.23
onto food-contact surfaces.
4626.0585
130
05/11/17
131.1
131.2
REVISOR
SGS/IL
RD4071
4626.0590 4-204.16 BEVERAGE TUBING; SEPARATION. 4-204.16
Except for cold plates that are constructed integrally with an ice storage bin, beverage
131.3
tubing and cold-plate beverage cooling devices shall must not be installed in contact
131.4
with stored ice. This part does not apply to cold plates that are constructed integrally
131.5
with an ice storage bin.
131.6
4626.0595 4-204.17 ICE UNITS; SEPARATION OF DRAINS. 4-204.17
131.7
131.8
131.9
Liquid waste drain lines shall must not pass through an ice machine or ice storage bin.
4626.0600 4-204.18 CONDENSER UNIT; SEPARATION. 4-204.18
If a condenser unit is an integral component of equipment, the condenser unit shall
131.10
must be separated from the food and food storage space by a dustproof barrier.
131.11
4626.0605 4-204.19 CAN OPENERS ON VENDING MACHINES. 4-204.19
131.12
Cutting or piercing parts of can openers on vending machines shall must be protected
131.13
from manual contact, dust, insects, rodents, and other contamination.
131.14
4626.0610 4-204.110 MOLLUSCAN SHELLFISH TANKS. 4-204.110
131.15
A. Except as specified in item B, molluscan shellfish life support system
131.16
display tanks shall must be used only to display shellfish that are not offered for human
131.17
consumption and shall must be conspicuously marked so that it is obvious to the consumer
131.18
that the shellfish are for display only.P1
131.19
B. Molluscan shellfish life support system display tanks used to store and or
131.20
display shellfish that are offered for human consumption shall must be operated and
131.21
maintained according to a variance granted by the regulatory authority as specified in
131.22
parts 4626.1690 to 4626.1715, with and a HACCP plan as required in parts 4626.1730
131.23
and 4626.1735 that:P2
(1) is submitted by the licensee and approved by the regulatory authority as
131.24
131.25
specified in parts 4626.1690 to 4626.1715;P2 and
4626.0610
131
05/11/17
REVISOR
(a) water used with fish other than molluscan shellfish does not flow
132.2
into the molluscan tank;P2
(b) the safety and quality of the shellfish as they were received are
132.4
132.5
RD4071
(2) ensures that:
132.1
132.3
SGS/IL
not compromised by use of the tank;P2 and
(c) the identity of the source of the shellstock is retained as specified
132.6
132.7
in part 4626.0220.P2
132.8
4626.0615 4-204.111 VENDING MACHINES; AUTOMATIC SHUTOFF.* 4-204.111
132.9
132.10
A. A machine vending potentially hazardous TCS food shall must have an
automatic control that prevents the machine from vending food:
(1) if there is a power failure, mechanical failure, or other condition that
132.11
132.12
results in an internal machine temperature that cannot maintain food temperatures as
132.13
specified in parts 4626.0130 to 4626.0420 4626.0370 and 4626.0395;P1 and
(2) if a condition specified in subitem (1) this part occurs, until the machine
132.14
132.15
is serviced and restocked with food that has been maintained at temperatures specified in
132.16
parts 4626.0130 to 4626.0420 4626.0370 and 4626.0395.P1
132.17
B. The temperature specified for activation of the automatic shutoff within a
132.18
machine vending potentially hazardous food may deviate from the temperature and for
132.19
a time as follows When the automatic shutoff within a machine vending TCS food is
132.20
activated:
(1) in a refrigerated vending machine, at an the ambient air temperature of
132.21
132.22
7 degrees C (45 degrees F) or more, must not exceed 41 degrees F (5 degrees C) for no
132.23
more than 30 minutes immediately after the machine is filled, serviced, or restocked;P1 or
4626.0615
132
05/11/17
REVISOR
SGS/IL
RD4071
(2) in a hot holding vending machine, at an the ambient air temperature of
133.1
133.2
must not be less than 60 degrees C (140 degrees F), 135 degrees F (57 degrees C) for no
133.3
more than 120 minutes immediately after the machine is filled, serviced, or restocked.P1
133.4
4626.0620 4-204.112 AMBIENT AIR TEMPERATURE MEASURING DEVICES.
4-204.112
133.5
133.6
A. In a mechanically refrigerated or hot food storage unit, the sensor of a
133.7
temperature measuring device shall must be located to measure the air temperature or a
133.8
simulated product temperature in the warmest part of a mechanically refrigerated unit and
133.9
in the coolest part of a hot food storage unit.
133.10
B. Except as specified in item C, cold or hot holding equipment used for
133.11
potentially hazardous TCS food shall must be designed to include and shall must be
133.12
equipped with at least one 1 integral or permanently affixed temperature measuring device
133.13
that is located to allow easy viewing of the device's temperature display.
133.14
C. Item B does not apply to equipment for which the placement of a temperature
133.15
measuring device is not a practical means for measuring the ambient air surrounding the
133.16
food because of the design, type, and use of the equipment, including such as calrod units,
133.17
heat lamps, cold plates, bainmaries, steam tables, insulated food transport containers,
133.18
and salad bars.
133.19
D. Temperature measuring devices shall must be designed to be easily readable.
133.20
E. Food temperature measuring devices and water temperature measuring
133.21
devices on warewashing machines shall must have a numerical scale, printed record, or
133.22
digital readout in increments no greater than 1 degree C or 2 degrees F 2 degrees F or 1
133.23
degree C in the intended range of use.P2
4626.0620
133
05/11/17
134.1
134.2
134.3
REVISOR
SGS/IL
RD4071
4626.0625 4-204.113 WAREWASHING MACHINES; DATA PLATE OPERATING
SPECIFICATIONS. 4-204.113
A warewashing machine shall must be provided with an easily accessible and
134.4
readable data plate affixed to the machine by the manufacturer that indicates the machine's
134.5
design and operating specifications, including the:
[For text of items A to C, see M.R.]
134.6
134.7
134.8
134.9
4626.0630 4-204.114 WAREWASHING MACHINES; INTERNAL BAFFLES.
4-204.114
Warewashing machine wash and rinse tanks shall must be equipped with baffles,
134.10
curtains, or other means to minimize internal cross-contamination of the solutions in
134.11
wash and rinse tanks.
134.12
4626.0635 4-204.115 WAREWASHING MACHINES; TEMPERATURE
MEASURING DEVICES. 4-204.115
134.13
134.14
134.15
A warewashing machine shall must be equipped with a temperature measuring device
that indicates the temperature of the water:
134.16
A. in each wash and rinse tank;P2 and
134.17
B. as the water enters the hot water sanitizing final rinse manifold or in the
134.18
chemical sanitizing solution tank.P2
134.19
134.20
4626.0640 4-204.116 MANUAL WAREWASHING EQUIPMENT; HEATERS AND
BASKETS. 4-204.116
134.21
If hot water is used for sanitization in manual warewashing operations, the sanitizing
134.22
134.23
compartment of the sink shall must be:
A. designed with an integral heating device that is capable of maintaining water
134.24
at a temperature not less than 77 degrees C (171 degrees F) 171 degrees F (77 degrees
134.25
C);P2 and
4626.0640
134
05/11/17
135.1
REVISOR
SGS/IL
RD4071
B. provided with a rack or basket to allow complete immersion of equipment
135.2
and utensils into the hot water.P2
135.3
135.4
4626.0643 WAREWASHING MACHINES; SANITIZER LEVEL INDICATOR
AUTOMATIC DISPENSING OF DETERGENTS AND SANITIZERS. 4-204.117
135.5
A warewashing machine that uses a chemical for sanitization and that is installed
135.6
after September 8, 1998, shall must be equipped with a device that indicates audibly or
135.7
visually when more chemical sanitizer needs to be added. to:
135.8
A. automatically dispense detergents and sanitizers;P2 and
135.9
B. incorporate a visual means to verify that detergents and sanitizers are
135.10
delivered or a visual or audible alarm to signal if the detergents and sanitizers are not
135.11
delivered to the respective washing and sanitizing cycles.P2
135.12
4626.0645 4-204.117 WAREWASHING MACHINES; FLOW PRESSURE DEVICE.
4-204.118
135.13
135.14
A. Warewashing machines that provide a fresh hot water sanitizing rinse shall
135.15
must be equipped with a pressure gauge, or similar device such as a transducer, or similar
135.16
device that measures and displays the water pressure in the supply line immediately before
135.17
entering the warewashing machine.
135.18
B. If the flow pressure measuring device is upstream of the fresh hot water
135.19
sanitizing rinse control valve, the device shall must be mounted in a 6.4 millimeter
135.20
(one-fourth inch) 1/4-inch (6.4 millimeter) iron pipe size (IPS) valve.
[For text of item C, see M.R.]
135.21
135.22
135.23
135.24
4626.0650 4-204.118 WAREWASHING SINKS AND DRAINBOARDS;
SELF-DRAINING. 4-204.119
Sinks and drainboards of warewashing sinks and machines shall must be self-draining.
4626.0650
135
05/11/17
REVISOR
SGS/IL
RD4071
136.1
4626.0655 4-204.119 EQUIPMENT COMPARTMENTS; DRAINAGE. 4-204.120
136.2
Equipment Compartments that are subject to accumulation of moisture due to
136.3
conditions such as condensation, food or beverage drip, or water from melting ice, or
136.4
similar conditions shall must be sloped to an outlet that allows complete draining.
136.5
4626.0660 4-204.120 VENDING MACHINES; LIQUID WASTE PRODUCTS.
4-204.121
136.6
136.7
A. Vending machines designed to store beverages that are packaged in
136.8
containers made from paper products shall must be equipped with diversion devices and
136.9
retention pans or drains for container leakage.
136.10
B. Vending machines that dispense liquid food in bulk shall must be:
[For text of subitem (1), see M.R.]
136.11
(2) equipped with an automatic shutoff device that takes will place the
136.12
136.13
136.14
machine out of operation before the waste receptacle overflows.
C. A The shutoff device specified in item B, subitem (2), shall must prevent
136.15
water or liquid food from continuously running if there is a failure of a flow control device
136.16
in the water or liquid food system or waste accumulation that could lead to overflow
136.17
of the waste receptacle.
136.18
136.19
4626.0665 4-204.121 CASE LOT HANDLING EQUIPMENT APPARATUSES;
MOVEABILITY. 4-204.122
136.20
Apparatuses, such as dollies, pallets, racks, and skids, and other equipment used
136.21
to store and transport large quantities of packaged foods received from a supplier in a
136.22
cased or overwrapped lot shall must be designed to be moved by hand or by hand trucks,
136.23
forklifts, or other conveniently available equipment conveniently available apparatuses
136.24
such as hand trucks and forklifts.
4626.0665
136
05/11/17
137.1
137.2
REVISOR
SGS/IL
RD4071
4626.0670 4-204.122 VENDING MACHINE DOORS AND OPENINGS. 4-204.123
A. Vending machine doors and access opening covers to food and container
137.3
storage spaces shall must be tight-fitting so that the space along the entire interface between
137.4
the doors or covers and the cabinet of the machine, if the doors or covers are in a closed
137.5
position, is no greater than 1.5 millimeters (1/16 inch) 1/16 inch (1.5 millimeters) by:
(1) being covered with louvers, screens, or materials that provide an
137.6
137.7
equivalent opening of not greater than 1.5 millimeters (1/16 inch) 1/16 inch (1.5
137.8
millimeters). Screening of 12 or more mesh to 2.5 centimeters (12 mesh to one inch) 12
137.9
mesh to 1 inch (2.5 centimeters) meets the requirements of this subitem this requirement;
137.10
(2) being effectively gasketed;
137.11
(3) having interface surfaces that are at least 13 millimeters (one-half
137.12
inch) 1/2 inch (13 millimeters) wide; or
(4) using having jambs or surfaces to form an L-shaped entry path to
137.13
137.14
137.15
the interface.
B. Vending machine service connection openings through an exterior wall of a
137.16
machine shall must be closed by sealants, clamps, or grommets so that the openings are no
137.17
larger than 1.5 millimeters (1/16 inch) 1/16 inch (1.5 millimeters).
137.18
4626.0675 4-301.11 COOLING, HEATING, AND HOLDING CAPACITIES.
4-301.11
137.19
137.20
Equipment for cooling and heating food, and holding cold and hot food, shall must
137.21
be sufficient in number and capacity to provide the food temperatures specified in parts
137.22
4626.0130 to 4626.0420 4626.0360, 4626.0370, 4626.0385, and 4626.0395.P2
4626.0675
137
05/11/17
138.1
138.2
138.3
REVISOR
SGS/IL
RD4071
4626.0680 4-301.12 MANUAL WAREWASHING; SINK COMPARTMENT
REQUIREMENTS. 4-301.12
A. Except as specified in item items C to H, a sink with at least three 3
138.4
compartments and with integrally attached drainboards at each end shall must be provided
138.5
for manually washing, rinsing, and sanitizing equipment and utensils.P2
138.6
B. Sink compartments shall must be large enough to accommodate immersion
138.7
of the largest equipment and utensils. If equipment or utensils are too large for the
138.8
warewashing sink, a warewashing machine or alternative equipment specified in item
138.9
C shall must be used.P2
138.10
C. Alternative manual warewashing equipment that meets the requirements in
138.11
parts 4626.0875 and 4626.0880 may be used when there are special cleaning needs or
138.12
constraints and the regulatory authority approves the use of the alternative equipment its
138.13
use is approved by the regulatory authority. Alternative manual warewashing equipment
138.14
may include:
[For text of subitems (1) to (4), see M.R.]
138.15
(5) receptacles that substitute for the compartments of a multicompartment
138.16
138.17
138.18
sink provided they are used only for on-site vending machine cleaning and sanitizing.
D. The regulatory authority may allow mechanical warewashing equipment in
138.19
lieu of the required 3-compartment sink as long as the mechanical warewashing equipment
138.20
is capable of accommodating the largest piece of equipment to be washed, rinsed, and
138.21
sanitized and meets the requirements of parts 4626.0506 and 4626.0905.
138.22
E. A food cart that does not have an approved 3-compartment sink installed on
138.23
the cart must have a separate licensed facility, or an agreement with a licensed facility. The
138.24
facility must have an approved 3-compartment sink or mechanical warewashing machine
138.25
where all the utensils and multiuse equipment for the food cart are washed, rinsed, and
138.26
sanitized before and after use at an event.P2
4626.0680
138
05/11/17
139.1
139.2
139.3
REVISOR
SGS/IL
RD4071
F. A mobile food unit must be equipped with warewashing facilities consisting
of at least a 3-compartment sink, either freestanding or installed in a counter.P2
G. A seasonal temporary food stand that is disassembled after each use may use
139.4
3 containers of sufficient size to immerse utensils in lieu of the requirement in item A.
139.5
H. A special event food stand may be equipped with a warewashing facility
139.6
consisting of at least 3 containers of sufficient size to fully immerse all multiuse equipment
139.7
and utensils.
139.8
I. A cart, temporary food establishment, food cart, special event food stand,
139.9
retail food vehicle, or portable structure is exempt from the manual warewashing sink and
139.10
equipment requirements of this part if no multiuse utensils or equipment are used in
139.11
the operation of the food establishment.
139.12
4626.0685 4-301.13 DRAINBOARDS. 4-301.13
139.13
A. Integral drainboards, utensil racks, or tables large enough to accommodate
139.14
all soiled and cleaned items that may accumulate during hours of operation shall must be
139.15
provided for necessary utensil holding before cleaning and after sanitizing.
139.16
139.17
139.18
B. Hot water sanitizing machines shall must have space for and a minimum of
three 3 racks for drying utensils.
C. Chemical sanitizing machines shall must have space for and a minimum of
139.19
five 5 racks for drying utensils.
139.20
4626.0690 4-301.14 VENTILATION HOOD SYSTEMS; ADEQUACY. 4-301.14
139.21
Ventilation hood systems and devices shall must be sufficient in number and capacity
139.22
to prevent grease or condensation from collecting on walls and ceilings.
139.23
4626.0695 4-301.15 CLOTHES WASHERS AND DRYERS. 4-301.15
139.24
139.25
A. Except as specified in item B, if work clothes or linens are laundered on the
premises, a mechanical clothes washer and dryer shall must be provided and used.
4626.0695
139
05/11/17
REVISOR
140.3
RD4071
[For text of item B, see M.R.]
140.1
140.2
SGS/IL
4626.0700 4-302.11 UTENSILS; CONSUMER SELF-SERVICE. 4-302.11
A food dispensing utensil shall must be available for each display container displayed
140.4
at a buffet, salad bar, or other consumer self-service unit consumer self-service units
140.5
such as a buffet or salad bar.P2
140.6
4626.0705 4-302.12 FOOD TEMPERATURE MEASURING DEVICES
REQUIRED. 4-302.12
140.7
140.8
A. Food temperature measuring devices shall must be provided and readily
140.9
accessible for use in ensuring attainment and maintenance of the food temperatures
140.10
specified in parts 4626.0130 to 4626.0165 and 4626.0340 to 4626.0420.P2
140.11
B. A temperature measuring device with a suitable small diameter probe that is
140.12
designed to measure the temperature of thin masses must be provided and readily accessible
140.13
to accurately measure the temperature in thin foods such as meat patties and fish fillets.P2
140.14
4626.0710 4-302.13 TEMPERATURE MEASURING DEVICES; MANUAL
WAREWASHING. 4-302.13
140.15
140.16
A. In manual warewashing operations, a temperature measuring device shall
140.17
must be provided and readily accessible for frequently measuring the washing and
140.18
sanitizing temperatures.P2
140.19
B. In hot water mechanical warewashing operations, an irreversible registering
140.20
temperature indicator must be provided and readily accessible for measuring the utensil
140.21
surface temperature.P2
140.22
4626.0715 4-302.14 SANITIZING SOLUTIONS; TESTING DEVICES. 4-302.14
140.23
140.24
A test kit or other device that accurately measures the concentration in mg/L of
sanitizing solutions shall must be provided.P2
4626.0715
140
05/11/17
141.1
141.2
REVISOR
SGS/IL
RD4071
4626.0721 CLEANING AGENTS AND SANITIZERS; AVAILABILITY. 4-303.11
A. Cleaning agents that are used to clean equipment and utensils specified
141.3
under parts 4626.0840 to 4626.0885 must be provided and available for use during all
141.4
hours of operation.
141.5
B. Except for those that are generated onsite at the time of use, chemical
141.6
sanitizers that are used to sanitize equipment and utensils specified in parts 4626.0900 and
141.7
4626.0905 must be provided and available for use during all hours of operation.
141.8
4626.0725 4-402.11 FIXED EQUIPMENT; SPACING OR SEALING. 4-402.11
141.9
141.10
A. A unit of Equipment that is fixed because it is not easily movable shall must
be installed so that it is:
(1) spaced to allow access for cleaning along the sides of, behind, and
141.11
141.12
above the unit equipment;
(2) spaced from adjoining equipment, walls, and ceilings a distance of not
141.13
141.14
more than one millimeter (1/32 inch) 1/32 inch (1 millimeter); or
(3) sealed to adjoining equipment or walls, if the unit equipment is exposed
141.15
141.16
141.17
to spillage or seepage.
B. Table Counter-mounted equipment that is not easily movable shall must
141.18
be installed to allow cleaning of the equipment and areas underneath and around the
141.19
equipment by being:
(1) sealed to the table; or
141.20
[For text of subitem (2), see M.R.]
141.21
141.22
141.23
C. Carbon dioxide and bottled gas cylinders shall be secured by chains or
other types of restraint.
4626.0725
141
05/11/17
REVISOR
SGS/IL
RD4071
142.1
4626.0730 4-402.12 FIXED EQUIPMENT; ELEVATION OR SEALING. 4-402.12
142.2
A. Except as specified in items B and C, floor-mounted equipment that is not
142.3
easily movable shall must be sealed to the floor or elevated on legs that provide at least a 15
142.4
centimeter (six inch) 6-inch (15 centimeter) clearance between the floor and the equipment.
142.5
B. If no part of the floor under the floor-mounted equipment is more than 15
142.6
centimeters (six inches) 6 inches (15 centimeters) from the point of cleaning access, the
142.7
clearance space may be ten centimeters (four inches) 4 inches (10 centimeters).
142.8
C. This part does not apply to display shelving units, display refrigeration units,
142.9
and display freezer units located in the consumer shopping areas of a retail food store, if
142.10
the floor under the units is maintained clean.
142.11
D. Except as specified in item E, table- counter-mounted equipment that is not
142.12
easily movable shall must be elevated on legs that provide at least a ten centimeter (four
142.13
inch) 4-inch (10 centimeter) clearance between the table and the equipment.
142.14
142.15
E. The clearance space between the table and table counter-mounted equipment
may must be:
(1) 7.5 centimeters (three inches) 3 inches (7.5 centimeters) if the horizontal
142.16
142.17
distance of the table top under the equipment is no more than 50 centimeters (20 inches)
142.18
20 inches (50 centimeters) from the point of access for cleaning; or
(2) five centimeters (two inches) 2 inches (5 centimeters) if the horizontal
142.19
142.20
distance of the table top under the equipment is no more than 7.5 centimeters (three
142.21
inches) 3 inches (7.5 centimeters) from the point of access for cleaning.
142.22
4626.0735 4-501.11 EQUIPMENT; GOOD REPAIR AND PROPER ADJUSTMENT.
4-501.11
142.23
142.24
142.25
A. Equipment shall must be maintained in a state of repair and condition that
meets the requirements specified in parts 4626.0450 to 4626.0670.
4626.0735
142
05/11/17
REVISOR
SGS/IL
RD4071
143.1
B. Equipment components such as doors, seals, hinges, fasteners, and kick
143.2
plates, and other equipment components shall must be kept intact, tight, and adjusted
143.3
according to manufacturer's specifications.
143.4
C. Cutting or piercing parts of can openers shall must be kept sharp to minimize
143.5
the creation of metal fragments that can contaminate food when the container is opened.
143.6
4626.0740 4-501.12 CUTTING SURFACES. 4-501.12
143.7
Surfaces such as cutting blocks and boards and other surfaces that are subject to
143.8
scratching and scoring shall must be resurfaced if they can no longer be effectively cleaned
143.9
and sanitized, or discarded if they are not capable of being resurfaced.
143.10
4626.0745 4-501.13 MICROWAVE OVENS. 4-501.13
143.11
Microwave ovens shall must meet the safety standards specified in Code of Federal
143.12
Regulations, title 21, section 1030.10.
143.13
4626.0750 4-501.14 WAREWASHING EQUIPMENT AND FOOD PREPARATION
SINKS; CLEANING FREQUENCY. 4-501.14
143.14
143.15
A warewashing machine; the compartments of sinks, basins, or other receptacles used
143.16
for washing and rinsing equipment, utensils, or raw foods, or laundering wiping cloths;
143.17
and drainboards or other equipment used to substitute for drainboards as specified in part
143.18
4626.0685 shall must be cleaned:
[For text of items A and B, see M.R.]
143.19
143.20
143.21
143.22
143.23
143.24
143.25
143.26
C. if used, at least once every 24 hours.
4626.0755 4-501.15 WAREWASHING MACHINE; MANUFACTURER'S
OPERATING INSTRUCTIONS. 4-501.15
A. A warewashing machine and its auxiliary components shall must be operated
according to the machine's data plate and other manufacturer's instructions.
B. A warewashing machine's conveyor speed or automatic cycle times shall
must be maintained accurately timed according to manufacturer's specifications.
4626.0755
143
05/11/17
144.1
SGS/IL
RD4071
4626.0760 4-501.16 WAREWASHING SINKS; USE LIMITATION. 4-501.16
A. A warewashing sink shall must not be used for handwashing or dumping
144.2
144.3
REVISOR
mop water.
B. For food establishments licensed before September 8, 1998:
144.4
[For text of subitem (1), see M.R.]
144.5
(2) sinks used to wash or thaw food shall be sanitized as specified in parts
144.6
144.7
4626.0895 to 4626.0900 and 4626.0905 before and after using the sink to wash or thaw
144.8
food.
144.9
4626.0765 4-501.17 WAREWASHING EQUIPMENT; CLEANING AGENTS.
4-501.17
144.10
144.11
When used for warewashing, the wash compartment of a sink, mechanical
144.12
warewasher, or wash receptacle of alternative manual warewashing equipment specified in
144.13
part 4626.0680, item C, shall, when used for warewashing, must contain a wash solution
144.14
of soap, detergent, acid cleaner, alkaline cleaner, degreaser, abrasive cleaner, or other
144.15
cleaning agent according to the cleaning agent manufacturer's label instructions.P2
144.16
4626.0770 4-501.18 WAREWASHING EQUIPMENT; CLEAN SOLUTIONS.
4-501.18
144.17
144.18
144.19
144.20
144.21
The wash, rinse, and sanitize solutions shall must be maintained clean.
4626.0775 4-501.19 MANUAL WAREWASHING EQUIPMENT; WASH
SOLUTION TEMPERATURE. 4-501.19
The temperature of the wash solution in manual warewashing equipment shall must
144.22
be maintained at not less than 43 degrees C (110 degrees F) unless a different 110 degrees
144.23
F (43 degrees C) or the temperature is specified on the cleaning agent manufacturer's
144.24
label instructions.P2
4626.0775
144
05/11/17
145.1
145.2
145.3
145.4
145.5
145.6
REVISOR
SGS/IL
RD4071
4626.0780 FOOD PREPARATION SINKS; NEW OR EXTENSIVELY
REMODELED ESTABLISHMENT.
For a food establishment newly licensed,
A. A newly licensed food establishment must have a separate food preparation
sink if food will be washed or thawed using a sink.
B. If a food establishment is extensively remodeled, or adding adds a food
145.7
product to the menu that requires washing or thawing in a sink, if food will be washed or
145.8
thawed using a sink, the food establishment shall have a separate food preparation sink
145.9
must be provided.
145.10
C. A food preparation sink must not be used for anything other than food
145.11
preparation.
145.12
4626.0785 4-501.110 MECHANICAL WAREWASHING EQUIPMENT; WASH
SOLUTION TEMPERATURE. 4-501.110
145.13
145.14
145.15
A. The temperature of the wash solution in spray-type warewashers that use hot
water to sanitize shall must not be less than:
(1) for a single tank, stationary rack, single temperature machine, 74
145.16
145.17
degrees C (165 degrees F) 165 degrees F (74 degrees C);P2
(2) for a single tank, conveyor stationary rack, dual temperature machine,
145.18
145.19
71 degrees C (160 degrees F) 150 degrees F (66 degrees C);P2
(3) for a single tank, stationary rack conveyor, dual temperature machine,
145.20
145.21
66 degrees C (150 degrees F) 160 degrees F (71 degrees C);P2 or
(4) for a multitank, conveyor, multitemperature machine, 66 degrees C
145.22
145.23
(150 degrees F) 150 degrees F (66 degrees C).P2
4626.0785
145
05/11/17
146.1
REVISOR
SGS/IL
RD4071
B. The temperature of the wash solution in spray-type warewashers that use
146.2
chemicals to sanitize shall must not be less than 49 degrees C (120 degrees F) 120 degrees
146.3
F (49 degrees C).P2
146.4
4626.0790 4-501.111 MANUAL WAREWASHING EQUIPMENT; HOT WATER
SANITIZATION TEMPERATURES.* 4-501.111
146.5
146.6
If immersion in hot water is used for sanitizing in a manual operation, the temperature
146.7
of the water shall must be maintained at 77 degrees C (171 degrees F) 171 degrees F
146.8
(77 degrees C) or above.P1
146.9
4626.0795 4-501.112 MECHANICAL WAREWASHING EQUIPMENT; HOT
WATER SANITIZATION TEMPERATURES. 4-501.112
146.10
146.11
A. Except as provided specified in item B, in a mechanical operation, the
146.12
temperature of the fresh hot water sanitizing rinse as it enters the manifold shall must not
146.13
be more than 90 degrees C (194 degrees F) 194 degrees F (90 degrees C) or less than:P2
146.14
(1) for a stationary rack, single temperature machine, 74 degrees C (165
146.15
degrees F) 165 degrees F (74 degrees C);P2 or
(2) for all other machines, 82 degrees C (180 degrees F) 180 degrees F (82
146.16
146.17
146.18
degrees C).P2
B. The maximum temperature specified in item A does not apply to high
146.19
pressure and temperature systems with wand-type, hand-held spraying devices used for
146.20
in-place cleaning and sanitizing of equipment, including such as meat saws.
146.21
4626.0800 4-501.113 MECHANICAL WAREWASHING EQUIPMENT;
SANITIZATION RINSE PRESSURE. 4-501.113
146.22
146.23
The flow pressure of the fresh hot water sanitizing rinse in a warewashing machine
146.24
shall not be less than 100 kilopascals (15 pounds per square inch) or more than 170
146.25
kilopascals (25 pounds per square inch) as measured in the water line immediately
146.26
downstream or upstream from the fresh hot water sanitizing rinse control valve., as
4626.0800
146
05/11/17
REVISOR
SGS/IL
RD4071
147.1
measured in the water line immediately downstream or upstream from the fresh hot
147.2
water sanitizing rinse control valve, must be within the range specified on the machine
147.3
manufacturer's data plate and must not be less than 5 pounds per square inch (35
147.4
kilopascals) or more than 30 pounds per square inch (200 kilopascals).
147.5
4626.0805 4-501.114 MANUAL AND MECHANICAL WAREWASHING
EQUIPMENT; CHEMICAL SANITIZATION, TEMPERATURE, PH,
CONCENTRATION, AND HARDNESS.* 4-501.114
147.6
147.7
147.8
A. A chemical sanitizer used in a sanitizing solution for a manual or mechanical
147.9
operation at the exposure times specified in part 4626.0905, item C, shall must be listed in
147.10
Code of Federal Regulations, title 21, section 178.1010, or in Minnesota Statutes, chapter
147.11
31. The sanitizer shall must be used according to this part and the manufacturer's label
147.12
approved by the federal U.S. Environmental Protection Agency.P1
147.13
B. The sanitizer shall must not exceed the amount specified on the
147.14
manufacturer's label approved by the federal U.S. Environmental Protection Agency.P1
147.15
147.16
C. If a sanitizer is used in an amount less than the maximum amount specified
on the label in item B, the sanitizer shall must be used as specified in this item.P1
(1) Unless the product label specifies otherwise, a chlorine solution shall
147.17
147.18
must have a minimum concentration of 50 ppm,P1 and:
(a) a minimum temperature of 24 degrees C (75 degrees F) 75 degrees
147.19
147.20
F (24 degrees C) for water with a pH of eight 8 or less;P1 or
(b) a minimum temperature of 38 degrees C (100 degrees F) 100
147.21
147.22
degrees F (38 degrees C) for water with a pH of 8.1 to 10.P1
(2) An iodine solution shall must have:
147.23
(a) a minimum temperature of 24 degrees C (75 degrees F) 68 degrees
147.24
147.25
F (20 degrees C);P1
4626.0805
147
05/11/17
REVISOR
included in the labeling specify a higher pH limit of effectiveness;P1 and
(c) a concentration between 12.5 mg/L and 25 mg/L.P1
148.3
(3) A quaternary ammonium compound solution shall must:
148.4
(a) have a minimum temperature of 24 degrees C (75 degrees F)
148.5
148.6
RD4071
(b) a pH of 5.0 or less, unless the manufacturer's use directions
148.1
148.2
SGS/IL
75 degrees F (24 degrees C);P1
(b) have a concentration specified in part 4626.1620 Code of Federal
148.7
148.8
Regulations, title 21, part 178, subpart B, section 178.1010, and as indicated by the
148.9
manufacturer's use directions included in the labeling;P1 and
(c) be used only in water with 500 mg/L hardness or less or in water
148.10
148.11
148.12
having a hardness no greater than specified by the manufacturer's label.P1
D. Mechanical warewashing equipment shall be equipped with a visual or
148.13
audible warning device to permit the operator to easily verify when the sanitizing agent is
148.14
depleted. If another solution of a chemical specified under items A to C is used, the licensee
148.15
shall demonstrate that the solution achieves sanitization as defined in part 4626.0020,
148.16
subpart 75, and the use of the solution must be approved by the regulatory authority.P1
148.17
E. Other chemical sanitizers may be used if they are applied according to the
148.18
manufacturer's use directions included in the labeling. If a chemical sanitizer other than
148.19
chlorine, iodine, or a quaternary ammonium compound is used, the chemical sanitizer
148.20
must be applied according to U.S. Environmental Protection Agency-registered label
148.21
use instructions.P1
148.22
F. If a chemical sanitizer is generated by a device located on site at the food
148.23
establishment, it must be used as specified in items A to D and must be produced by
148.24
a device that:
4626.0805
148
05/11/17
REVISOR
sections 136 to 136q;P1
(2) complies with Code of Federal Regulations, title 40, sections 152.500
149.3
149.4
and 156.10;P1
(3) displays the U.S. Environmental Protection Agency device
149.5
149.6
RD4071
(1) complies with regulation as specified in United States Code, title 7,
149.1
149.2
SGS/IL
manufacturing facility registration number on the device;P2 and
(4) is operated and maintained according to the manufacturer's
149.7
149.8
instructions.P2
149.9
4626.0810 4-501.115 MANUAL WAREWASHING EQUIPMENT; CHEMICAL
SANITIZATION USING DETERGENT-SANITIZERS. 4-501.115
149.10
149.11
If a detergent-sanitizer is used to sanitize in a cleaning and sanitizing procedure
149.12
where there is no distinct water rinse between the washing and sanitizing steps, the agent
149.13
applied in the cleaning sanitizing step shall must be the same detergent-sanitizer that is
149.14
used in the washing step.
149.15
4626.0815 4-501.116 WAREWASHING EQUIPMENT; DETERMINING
CHEMICAL SANITIZER CONCENTRATION TEST KIT. 4-501.116
149.16
149.17
Concentration of the sanitizing solution shall must be accurately determined by using
149.18
a test kit or other device.P2
149.19
4626.0820 4-502.11 UTENSILS AND TEMPERATURE MEASURING DEVICES;
GOOD REPAIR AND PROPER CALIBRATION. 4-502.11
149.20
149.21
149.22
149.23
149.24
149.25
149.26
A. Utensils shall must be maintained in a state of repair or condition that
complies with parts 4626.0450 and to 4626.0670 or shall must be discarded.
B. Food temperature measuring devices shall must be calibrated according to
manufacturer's specifications as necessary to ensure their accuracy.P2
C. Ambient air temperature, water pressure, and water temperature measuring
devices must be maintained in good repair and be accurate within the intended range of use.
4626.0820
149
05/11/17
150.1
150.2
REVISOR
SGS/IL
RD4071
4626.0825 4-502.12 SINGLE-SERVICE AND SINGLE-USE ARTICLES;
REQUIRED USE.* 4-502.12
150.3
A food establishment without support facilities specified in parts 4626.0840 to
150.4
4626.0905 for cleaning and sanitizing kitchenware and tableware shall must provide only
150.5
single-use kitchenware, single-service articles, and single-use articles for use by food
150.6
employees and single-service articles for use by the consumer.P1
150.7
4626.0830 4-502.13 SINGLE-SERVICE AND SINGLE-USE ARTICLES; RE-USE
LIMITATION. 4-502.13
150.8
150.9
150.10
150.11
Single-service and single-use articles shall must not be re-used.
4626.0833 BULK MILK CONTAINERS.
The bulk milk container dispensing tube shall must be cut on the diagonal leaving no
150.12
more than one 1 inch protruding from the chilled dispensing head.
150.13
4626.0835 4-502.14 SHELLS; USE LIMITATION. 4-502.14
150.14
Molluscan Mollusk and crustacea shells shall must not be used more than once as
150.15
serving containers.
150.16
4626.0840 4-601.11 EQUIPMENT, FOOD-CONTACT SURFACES,
NON-FOOD-CONTACT SURFACES, AND UTENSILS.* 4-601.11
150.17
150.18
150.19
150.20
150.21
150.22
150.23
150.24
150.25
A. Equipment food-contact surfaces and utensils shall must be clean to sight
and touch.P2
B. The food-contact surfaces of cooking equipment and pans shall must be kept
free of encrusted grease deposits and other soil accumulations.
N
C. Non-food-contact surfaces of equipment shall must be kept free of an
N
accumulation of dust, dirt, food residue, and other debris.
D. Water filters used as part of a vending machine shall be cleaned or replaced
according to the manufacturer's instructions.
4626.0840
150
05/11/17
151.1
151.2
151.3
REVISOR
A. Equipment food-contact surfaces and utensils shall must be cleaned:
(1) except as specified in item B, before each use with a different type of
raw animal food, including such as beef, fish, lamb, pork, or poultry;P1
(2) each time there is a change from working with raw foods to working
151.6
151.7
with ready-to-eat foods;P1
(3) between uses with raw fruits or vegetables and with potentially
151.8
151.9
RD4071
4626.0845 4-602.11 EQUIPMENT,; FOOD-CONTACT SURFACES, AND
UTENSILS.* 4-602.11
151.4
151.5
SGS/IL
hazardous TCS food;P1
151.10
(4) before using or storing a food temperature measuring device;P1 and
151.11
(5) at any time during the operation when contamination may have
151.12
151.13
occurred.P1
B. Item A, subitem (1), does not apply if raw animal foods that require cooking
151.14
temperatures specified in part 4626.0340, item A, subitem (3), are prepared after foods
151.15
that require if the food-contact surface or utensil is in contact with a succession of different
151.16
raw animal foods each requiring a higher cooking temperatures temperature than the
151.17
previous type as specified in part 4626.0340, items A, subitems (1) and (2), and B.
151.18
C. Except as specified in item D, if used with potentially hazardous TCS food,
151.19
equipment food-contact surfaces and utensils shall must be cleaned throughout the day at
151.20
least once every four 4 hours.P1
151.21
151.22
D. Surfaces of utensils and equipment contacting potentially hazardous TCS
food may be cleaned less frequently than once every four 4 hours if:
(1) in storage, containers of potentially hazardous TCS food and their
151.23
151.24
contents are maintained at temperatures specified in parts 4626.0130 to 4626.0420 part
151.25
4626.0395 and the containers are cleaned when they are empty;
4626.0845
151
05/11/17
REVISOR
SGS/IL
RD4071
(2) utensils and equipment are used to prepare food in a refrigerated room
152.1
152.2
that maintains the utensils, equipment, and food under preparation at temperatures specified
152.3
in parts 4626.0130 to 4626.0420 and the utensils and equipment are cleaned at least once
152.4
every 24 hours; or area that is maintained at one of the temperatures in the chart in unit (a):
(a) the utensils and equipment are cleaned at the frequency in the
152.5
152.6
following chart that corresponds to the temperature; and
152.7
Temperature
Cleaning Frequency
152.8
41 degrees F (5 degrees C) or less
24 hours
152.9
greater than 41 degrees F to 45 degrees F
(greater than 5 degrees C to 7.2 degrees C)
20 hours
greater than 45 degrees F to 50 degrees F
(greater than 7.2 degrees C to 10 degrees C)
16 hours
greater than 50 degrees F to 55 degrees F
(greater than 10 degrees C to 12.8 degrees C)
10 hours
152.10
152.11
152.12
152.13
152.14
(b) the cleaning frequency based on the ambient temperature of the
152.15
152.16
refrigerated room or area is documented in the food establishment;
(3) containers in serving areas such as salad bars, delis, and cafeteria lines,
152.17
152.18
and other serving situations that hold ready-to-eat, potentially hazardous TCS food
152.19
that is maintained at the temperatures specified in parts 4626.0130 to 4626.0420 part
152.20
4626.0395 are intermittently combined with additional supplies of the same food that is at
152.21
the required temperature and the containers are cleaned at least once every 24 hours;
(4) temperature measuring devices are maintained in contact with foods
152.22
152.23
that are food in a container of deli food or a roast, and held at the temperatures specified in
152.24
parts 4626.0130 to 4626.0420 part 4626.0395; or
(5) equipment such as a reach-in refrigerator that is used for storage of
152.25
152.26
packaged or unpackaged food, including a reach-in refrigerator, and if the equipment is
152.27
cleaned at a frequency necessary to preclude accumulation of soil residues; or
4626.0845
152
05/11/17
REVISOR
SGS/IL
RD4071
(6) the cleaning schedule is approved based on consideration of:
153.1
[For text of units (a) to (c), see M.R.]
153.2
(d) the temperature at which the food is maintained during the
153.3
153.4
operation and the potential for the rapid and progressive multiplication of pathogenic or
153.5
toxigenic microorganisms that are capable of causing foodborne disease.; or
(7) in-use utensils are intermittently stored in a container of water in which
153.6
153.7
the water is maintained at 135 degrees F (57 degrees C) or more and the utensils and
153.8
container are cleaned at least every 24 hours or at a frequency necessary to preclude
153.9
accumulation of soil residues.
153.10
E. Except when dry cleaning methods are used as specified in part 4626.0860,
153.11
surfaces of utensils and equipment contacting food that is not potentially hazardous shall
153.12
TCS food must be cleaned:
[For text of subitem (1), see M.R.]
153.13
(2) at least once every 24 hours for iced tea dispensers and consumer
153.14
153.15
self-service utensils such as tongs, scoops, or ladles, or other consumer self-service utensils;
153.16
(3) before restocking consumer self-service equipment and utensils such as
153.17
condiment dispensers, and display containers, and other consumer self-service equipment
153.18
and utensils; and
(4) for in equipment such as ice bins, and beverage dispensing nozzles, and
153.19
153.20
the enclosed components of equipment such as ice makers, cooking oil storage tanks and
153.21
distribution lines, beverage and syrup dispensing lines or tubes, coffee bean grinders, and
153.22
water vending equipment:
[For text of units (a) and (b), see M.R.]
153.23
4626.0845
153
05/11/17
154.1
154.2
REVISOR
SGS/IL
RD4071
4626.0850 4-602.12 COOKING AND BAKING EQUIPMENT. 4-602.12
A. The food-contact surfaces of cooking and baking equipment shall must be
154.3
cleaned at least once every 24 hours. This part does not apply to hot oil cooking and
154.4
filtering equipment if it is cleaned as specified in part 4626.0845, item D, subitem (6).
154.5
B. The cavities and door seals of microwave ovens shall must be cleaned at
154.6
least once every 24 hours by using the manufacturer's recommended cleaning procedure.
154.7
4626.0855 4-602.13 NON-FOOD-CONTACT SURFACES; CLEANING
FREQUENCY. 4-602.13
154.8
154.9
Non-food-contact surfaces of equipment shall must be cleaned at a frequency
154.10
necessary to preclude accumulation of soil residues.
154.11
4626.0860 4-603.11 DRY CLEANING. 4-603.11
154.12
A. If used, dry cleaning methods such as brushing, scraping, and vacuuming,
154.13
and other dry cleaning methods shall must contact only surfaces that are soiled with dry
154.14
food residues that are not potentially hazardous TCS food.
154.15
B. Cleaning equipment used in dry cleaning food-contact surfaces shall must
154.16
not be used for any other purpose.
154.17
4626.0865 4-603.12 PRECLEANING. 4-603.12
154.18
A. Food debris on equipment and utensils shall must be scrapped scraped over
154.19
a waste disposal unit, scupper, or garbage receptacle or shall must be removed in a
154.20
warewashing machine with a prewash cycle.
154.21
154.22
B. If necessary for effective cleaning, utensils and equipment shall must be
preflushed, presoaked, or scrubbed with abrasives.
4626.0865
154
05/11/17
155.1
155.2
155.3
155.4
REVISOR
RD4071
4626.0870 4-603.13 LOADING OF SOILED ITEMS; WAREWASHING
MACHINES. 4-603.13
Soiled items to be cleaned in a warewashing machine shall must be loaded into racks,
trays, or baskets or onto conveyors in a position that:
[For text of items A and B, see M.R.]
155.5
155.6
SGS/IL
4626.0875 4-603.14 WET CLEANING. 4-603.14
A. Equipment food-contact surfaces and utensils shall must be effectively
155.7
155.8
washed to remove or completely loosen soils by using the manual or mechanical means
155.9
necessary, including such as the application of detergents containing wetting agents
155.10
and emulsifiers; acid, alkaline, or abrasive cleaners; hot water; brushes; scouring pads;
155.11
high-pressure sprays; or ultrasonic devices.
B. The washing procedures selected shall must be based on the type and purpose
155.12
155.13
of the equipment or utensil and on the type of soil to be removed.
155.14
4626.0880 4-603.15 WASHING; PROCEDURES FOR ALTERNATIVE MANUAL
WAREWASHING EQUIPMENT. 4-603.15
155.15
155.16
When the equipment is fixed, the utensils are too large, or washing in sink
155.17
compartments or a warewashing machine is otherwise If washing in sink compartments or
155.18
a warewashing machine is impractical, such as when the equipment is fixed or the utensils
155.19
are too large, washing shall must be done by using alternative manual warewashing
155.20
equipment specified in part 4626.0680, item C, according to the following procedures:
A. equipment shall must be disassembled as necessary to allow access of the
155.21
155.22
detergent solution to all parts;
B. equipment components and utensils shall must be scrapped scraped or
155.23
155.24
roughly cleaned to remove food particle accumulation; and
C. equipment and utensils shall must be washed as specified in part 4626.0875,
155.25
155.26
item A.
4626.0880
155
05/11/17
156.1
156.2
156.3
REVISOR
SGS/IL
RD4071
4626.0885 4-603.16 UTENSILS AND EQUIPMENT; RINSING PROCEDURES.
4-603.16
Washed utensils and equipment shall must be rinsed to remove abrasives and to
156.4
remove or dilute cleaning chemicals with so that abrasives are removed and cleaning
156.5
chemicals are removed or diluted through the use of water or a detergent-sanitizer solution
156.6
using one of the following procedures:
A. use of a distinct, separate water rinse after washing and before sanitizing
156.7
156.8
if using:
156.9
(1) a three-compartment 3-compartment sink;
156.10
(2) alternative manual warewashing equipment equivalent to a
156.11
three-compartment 3-compartment sink specified in part 4626.0680, item C, subitem (1); or
(3) a three-step 3-step washing, rinsing, and sanitizing procedure in a
156.12
156.13
warewashing system for CIP equipment;
[For text of item B, see M.R.]
156.14
156.15
156.16
156.17
C. use of a nondistinct water rinse that is integrated in the hot water sanitization
immersion step of a two-compartment sink operation;
D. C. if using a warewashing machine that does not recycle the sanitizing
156.18
solution as specified in item E D, or alternative manual warewashing equipment, including
156.19
such as sprayers, use of a nondistinct water rinse that is:
[For text of subitems (1) and (2), see M.R.]
156.20
156.21
E. D. if using a warewashing machine that recycles the sanitizing solution
156.22
for use in the next wash cycle, use of a nondistinct water rinse that is integrated in the
156.23
application of the sanitizing solution.
4626.0885
156
05/11/17
157.1
157.2
REVISOR
SGS/IL
RD4071
4626.0900 4-702.11 BEFORE USE AFTER CLEANING.* 4-702.11
Utensils and food-contact surfaces of equipment shall must be sanitized before use
157.3
after cleaning.P1
157.4
4626.0905 4-703.11 HOT WATER AND CHEMICAL SANITIZATION.* 4-703.11
157.5
157.6
After being cleaned, equipment food-contact surfaces and utensils shall must be
sanitized in:
A. hot water manual operations by immersion for at least 30 seconds as
157.7
157.8
specified in part 4626.0790;P1
B. hot water mechanical operations by being cycled through equipment that is
157.9
157.10
set up as specified in parts 4626.0755, 4626.0795, and 4626.0800 and achieving a utensil
157.11
surface temperature of 71 degrees C (160 degrees F) 160 degrees F (71 degrees C) as
157.12
measured by an irreversible registering temperature indicator;P1 or
157.13
C. chemical manual or mechanical operations, including the application of
157.14
sanitizing chemicals by immersion, manual swabbing, brushing, or pressure spraying
157.15
methods, using a solution specified in part 4626.0805. Contact times must be consistent
157.16
with U.S. Environmental Protection Agency-registered label use instructions by providing:
(1) an exposure except as specified under subitem (2), a contact time of at
157.17
157.18
least ten 10 seconds for a chlorine solution specified in part 4626.0805, item C, subitem
157.19
(1);P1
(2) a contact time of at least 7 seconds for a chlorine solution of 50 mg/L
157.20
157.21
that has a pH of 10 or less and a temperature of at least 100 degrees F (38 degrees C) or a
157.22
pH of 8 or less and a temperature of at least 75 degrees F (24 degrees C);P1
(2) (3) an exposure a contact time of at least 30 seconds for other chemical
157.23
157.24
sanitizer sanitizing solutions;P1 or
4626.0905
157
05/11/17
REVISOR
SGS/IL
RD4071
(3) (4) an exposure a contact time used in relationship with a combination
158.1
158.2
of temperature, concentration, and pH that, when evaluated for efficacy, yields sanitization
158.3
as defined in part 4626.0020, subpart 75.P1
158.4
4626.0910 4-801.11 CLEAN LINENS. 4-801.11
158.5
158.6
158.7
158.8
158.9
158.10
Clean linens shall must be free from food residues and other soil soiling matter.
4626.0915 4-802.11 LINENS, CLOTH GLOVES, AND WIPING CLOTHS;
FREQUENCY OF LAUNDERING. 4-802.11
A. Linens that do not come in direct contact with food shall must be laundered
between uses operations if they become wet, sticky, or visibly soiled.
B. Cloth gloves used as specified in part 4626.0287, item D, shall must be
158.11
laundered before being used with a different type of raw animal food, including such as
158.12
beef, lamb, poultry, pork, and fish, or poultry.
158.13
158.14
158.15
158.16
158.17
C. Linens used as specified in part 4626.0280 and cloth napkins shall must
be laundered between each use.
D. Wet wiping cloths shall must be laundered before being used with a fresh
solution of cleanser or sanitizer daily.
E. Dry wiping cloths shall must be laundered as necessary to prevent
158.18
contamination of food and clean serving utensils.
158.19
4626.0920 4-803.11 STORAGE OF SOILED LINENS. 4-803.11
158.20
Soiled linens shall must be kept in clean, nonabsorbent receptacles or clean,
158.21
washable laundry bags and stored and transported to prevent contamination of food, clean
158.22
equipment, clean utensils, and single-service and single-use articles.
158.23
4626.0925 4-803.12 LINENS; MECHANICAL WASHING. 4-803.12
158.24
A. Except as specified in item B, linens shall must be mechanically washed.
4626.0925
158
05/11/17
159.1
REVISOR
SGS/IL
RD4071
B. In food establishments in which only wiping cloths are laundered as specified
159.2
in part 4626.0695, item B, the wiping cloths may be laundered in a mechanical washer, a
159.3
sink designated only for laundering wiping cloths, or a warewashing or food preparation
159.4
sink that is cleaned as specified in part 4626.0750.
159.5
4626.0930 4-803.13 USE OF LAUNDRY FACILITIES; USE LIMITATIONS.
4-803.13
159.6
159.7
A. Except as specified in item B, laundry facilities on the premises of a food
159.8
establishment shall must be used only for the washing and drying of items used in the
159.9
operation of the establishment.
[For text of item B, see M.R.]
159.10
159.11
159.12
159.13
159.14
159.15
4626.0935 4-901.11 EQUIPMENT AND UTENSILS; AIR-DRYING REQUIRED.
4-901.11
A. Except as specified in item C B, after cleaning and sanitizing, equipment and
utensils shall not be cloth-dried must be air-dried.
B. Equipment and utensils shall be air-dried or used after adequate draining
159.16
before contact with food. Utensils that have been be air-dried may be polished with cloths
159.17
that are maintained clean and dry.
159.18
C. utensils that have been air-dried may be polished with cloths that are
159.19
maintained clean and dry. After cleaning and sanitizing, equipment and utensils must be
159.20
adequately drained before contacting food if chemical sanitizer formulations and limits in
159.21
Code of Federal Regulations, title 40, section 180.940, are used.
159.22
4626.0940 4-901.12 WIPING CLOTHS; AIR-DRYING LOCATIONS. 4-901.12
159.23
Wiping cloths laundered in a food establishment that does not have a mechanical
159.24
clothes dryer specified in part 4626.0695, item B, shall must be air-dried in a location and
159.25
in a manner that prevents contamination of food, equipment, utensils, linens, single-service
4626.0940
159
05/11/17
REVISOR
SGS/IL
RD4071
160.1
and single-use articles, and the wiping cloths. This part does not apply if wiping cloths are
160.2
stored after laundering in a sanitizing solution as specified in part 4626.0805.
160.3
4626.0945 4-902.11 LUBRICANTS; FOOD-CONTACT SURFACES. 4-902.11
160.4
Lubricants shall as specified in part 4626.1640 must be applied to food-contact surfaces
160.5
that require lubrication in a manner that does not contaminate the food-contact surfaces.
160.6
4626.0950 4-902.12 EQUIPMENT REASSEMBLY. 4-902.12
160.7
Equipment shall must be reassembled so that food-contact surfaces are not
160.8
contaminated.
160.9
4626.0955 4-903.11 EQUIPMENT, UTENSILS, LINENS, AND SINGLE-SERVICE
AND SINGLE-USE ARTICLES; STORAGE. 4-903.11
160.10
A. Except as specified in item D, clean equipment and utensils, laundered
160.11
160.12
linens, and single-service and single-use articles shall must be stored:
[For text of subitems (1) and (2), see M.R.]
160.13
(3) at least 15 centimeters (six inches) 6 inches (15 centimeters) above
160.14
160.15
160.16
160.17
the floor.
B. Clean equipment and utensils shall must be stored as specified in item A
and shall must be stored:
160.18
(1) in a self-draining position that permits allows air drying; and
160.19
(2) covered or inverted.
160.20
C. Single-service and single-use articles shall must be stored as specified in
160.21
item A and shall must be kept in the original protective package or stored by using other
160.22
means that afford protection from contamination until used.
160.23
D. Items that are kept in closed packages may be stored less than 15 centimeters
160.24
(six inches) 6 inches (15 centimeters) above the floor on dollies, pallets, racks, and skids
160.25
that are designed as provided specified in part 4626.0665.
4626.0955
160
05/11/17
161.1
SGS/IL
RD4071
4626.0960 4-903.12 STORAGE PROHIBITIONS. 4-903.12
A. Except as specified in item B, food, cleaned and sanitized equipment,
161.2
161.3
REVISOR
utensils, laundered linens, or single-service and single-use articles shall must not be stored:
161.4
(1) in a locker room rooms;
161.5
(2) in a toilet room rooms;
161.6
(3) in a garbage room rooms;
161.7
(4) in a mechanical room rooms;
161.8
(5) under a sewer line lines that is are not shielded to intercept potential
161.9
drips;
(6) under a leaking water line lines including a leaking automatic fire
161.10
161.11
sprinkler head heads or under a line lines on which water has condensed;
161.12
(7) under an open stairwell stairwells; or
161.13
(8) under any other source sources of contamination.
161.14
161.15
161.16
B. Laundered linens and single-service and single-use articles that are packaged
or in a cabinet or similar facility such as a cabinet may be stored in a locker room.
C. If a mechanical clothes washer and dryer is provided, it must be located
161.17
so that the washer and dryer is protected from contamination and is located only in an
161.18
area where there is no exposed food, clean equipment, utensils, or linens, or unwrapped
161.19
single-service or single-use articles.
161.20
4626.0965 4-904.11 KITCHENWARE AND TABLEWARE. 4-904.11
161.21
A. Single-service and single-use articles and cleaned and sanitized utensils shall
161.22
must be handled, displayed, and dispensed so that contamination of food-contact and
161.23
lip-contact surfaces is prevented.
4626.0965
161
05/11/17
REVISOR
SGS/IL
RD4071
162.1
B. Knives, forks, and spoons that are not prewrapped shall must be presented so
162.2
that only the handles are touched by employees and by consumers if consumer self-service
162.3
is provided.
162.4
C. Except as specified in item B, single-service articles that are intended
162.5
for food contact food- or lip contact shall lip-contact must be furnished for consumer
162.6
self-service with the original individual wrapper intact or from an approved dispenser.
162.7
4626.0970 4-904.12 SOILED AND CLEAN TABLEWARE. 4-904.12
162.8
Soiled tableware shall must be removed from consumer eating and drinking areas
162.9
and handled so that clean tableware is not contaminated.
162.10
4626.0975 4-904.13 PRESET TABLEWARE. 4-904.13
162.11
162.12
Tableware may be preset if:
A. it is protected from contamination by being wrapped, covered, or
162.13
inverted; Except as specified in item B, tableware that is preset must be protected from
162.14
contamination by being wrapped, covered, or inverted.
162.15
B. it is exposed and unused settings are removed when a consumer is seated; or
162.16
Preset tableware may be exposed if:
162.17
C. it is exposed,
162.18
(1) unused settings are not removed when a consumer is seated, and; or
162.19
(2) the unused settings settings not removed when a consumer is seated are
162.20
cleaned and sanitized before further use.
162.21
4626.0977 RINSING EQUIPMENT AND UTENSILS AFTER CLEANING AND
SANITIZING. 4-904.14
162.22
162.23
162.24
After being cleaned and sanitized, equipment and utensils must not be rinsed before
air drying or use unless:
4626.0977
162
05/11/17
163.1
REVISOR
SGS/IL
RD4071
A. the rinse is applied directly from a drinking water supply by a warewashing
163.2
machine that is maintained and operated as specified in parts 4626.0625 to 4626.0645
163.3
and 4626.0735 to 4626.0815; and
163.4
B. the rinse is applied only after the equipment and utensils have been sanitized
163.5
by the application of hot water, or by the application of a chemical sanitizer solution where
163.6
the U.S. Environmental Protection Agency-registered label use instruction calls for rinsing
163.7
off the sanitizer after it is applied in a commercial warewashing machine.
163.8
4626.0980 5-101.11 DRINKING WATER APPROVED SOURCE REQUIREMENT.*
5-101.11
163.9
163.10
Drinking water shall must be obtained only from a an approved source that meets the
163.11
requirements specified in chapters 4720 and 4725 and Minnesota Statutes, section 31.175.P1
163.12
4626.0985 5-101.12 DRINKING WATER SYSTEM FLUSHING AND
DISINFECTION.* 5-101.12
163.13
163.14
A drinking water system shall must be flushed and disinfected according to chapters
163.15
4715 4714, 4720, and 4725 before being placed in service after construction, repair, or
163.16
modification and after a flood or other an emergency situation, such as a flood, that may
163.17
introduce contamination to the system.P1
163.18
4626.0990 5-101.13 BOTTLED DRINKING WATER.* 5-101.13
163.19
Bottled drinking water used or sold in a food establishment shall must be obtained
163.20
from approved sources according to Code of Federal Regulations, title 21, part 129, and
163.21
must comply with parts 1550.3200 to 1550.3320, and applicable federal and state laws.P1
163.22
4626.0995 5-102.11 DRINKING WATER STANDARDS.* 5-102.11
163.23
163.24
163.25
163.26
Drinking water shall meet the requirements of chapters 4715, 4720, and 4725. Except
as specified in part 4626.1000:
A. water from a public water system must meet the requirements of chapters
4714, 4720, and 4725;P1 and
4626.0995
163
05/11/17
164.1
REVISOR
RD4071
B. water from a nonpublic water system must meet the drinking water quality
164.2
standards of noncommunity transient water systems.P1
164.3
4626.1000 5-102.12 NONDRINKING WATER.* 5-102.12
164.4
SGS/IL
Nondrinking water shall may be used only for nonculinary purposes such as air
164.5
conditioning, nonfood equipment cooling, and fire protection, irrigation, and other
164.6
nonculinary purposes.P1
164.7
4626.1005 5-102.13 WATER SAMPLING. 5-102.13
164.8
164.9
164.10
164.11
164.12
Except when used as specified in part 4626.1000, water shall be sampled and tested
as required in chapter 4720.
A. Drinking water from a public water system must be sampled and tested as
required in chapter 4720.P2
B. Drinking water from a nonpublic water system must be sampled at the same
164.13
frequency and tested for the same parameters as a public noncommunity transient water
164.14
system. Sample collection protocols must follow the requirements in chapter 4720.P2
164.15
4626.1010 5-102.14 WATER SAMPLE REPORT; NOTIFICATION AND
RETENTION. 5-102.14
164.16
164.17
The most recent report of water quality shall be retained on file in the food
164.18
establishment and the report shall be maintained as specified in chapter 4720. The licensee
164.19
of a food establishment with a nonpublic water system shall notify the regulatory authority
164.20
of the failure to comply with national primary drinking water regulations as follows:
164.21
A. within 48 hours for nitrate;P2
164.22
B. within 24 hours for total coliform;P2 and
164.23
C. immediately when the result is known for E. coli.P2
4626.1010
164
05/11/17
165.1
165.2
165.3
165.4
REVISOR
RD4071
4626.1015 5-103.11 WATER SYSTEM CAPACITY.* 5-103.11
A. The water source and system shall must be of sufficient capacity to meet the
peak water demands of the food establishment.P2
B. Hot water generation and distribution systems must be sufficient to meet the
165.5
peak hot water demands throughout the food establishment.P2
165.6
4626.1020 5-103.12 WATER PRESSURE. 5-103.12
165.7
SGS/IL
Water under pressure shall must be provided to all fixtures, equipment, and nonfood
165.8
equipment that are required to use water except that water supplied as specified in
165.9
part 4626.1035, items A and B, to a temporary food establishment or in response to a
165.10
temporary interruption of a water supply need not be under pressure.P2
165.11
4626.1030 5-104.11 WATER SYSTEM. 5-104.11
165.12
Water shall must be received from the source through the use of:
165.13
A. an approved public water main regulated under chapter 4720;P2 or
165.14
B. one or more of the following means that must be constructed, maintained,
165.15
and operated according to applicable state laws and rules:
(1) a nonpublic water main, water pumps, pipes, hoses, connections, and
165.16
165.17
other appurtenances that comply with chapter 4715 chapters 4714 and 4720;P2
(2) water transport vehicles haulers that comply with parts 4720.4000
165.18
165.19
to 4720.4400;P2 or
(3) hoses that comply with NSF International Standard No. 51, which is
165.20
165.21
incorporated by reference in part 4626.0505; or
(4) (3) water containers tanks that comply with parts 4626.1135 to
165.22
165.23
4626.1175 and 4720.4000 4720.4300 to 4720.4400.P2
4626.1030
165
05/11/17
166.1
166.2
REVISOR
SGS/IL
RD4071
4626.1035 5-104.12 ALTERNATIVE WATER SUPPLY. 5-104.12
Water meeting the requirements of parts 4626.0980 to 4626.1025 shall 4626.1020
166.3
must be made available for a mobile establishment, a temporary food establishment
166.4
without a permanent water supply, and for a food establishment with a temporary
166.5
interruption of its water supply through:
166.6
166.7
166.8
166.9
166.10
166.11
A. containers of commercially bottled drinking water that comply with Code of
Federal Regulations, title 21, part 129, and parts 1550.3200 to 1550.3320;P2
B. one or more closed portable water containers that comply with parts
4720.4000 4720.4300 to 4720.4400 and applicable state laws;P2
C. an enclosed vehicular water tank that complies with parts 4720.4000
4720.4300 to 4720.4400;P2 or
166.12
D. piping, tubing, or hoses connected to an adjacent source that complies with
166.13
part parts 4626.1140 and 4626.1160, and chapters 4720 and 4725, and NSF International
166.14
Standard No. 51, which is incorporated by reference in part 4626.0505.;P2 or
166.15
166.16
166.17
E. a water vending machine as defined in part 1550.3200, subpart 32.P2
4626.1040 5-201.11 PLUMBING SYSTEM; APPROVED MATERIALS,
INSTALLATION, AND MAINTENANCE.* 5-201.11
166.18
A. A plumbing system conveying water shall must be designed, constructed,
166.19
installed, and repaired with approved materials according to, equipment, and devices in
166.20
accordance with chapter 4715 4714 and Minnesota Statutes, sections 326B.43 to 326B.49.P1
166.21
B. A plumbing system must be maintained in good repair.
166.22
B. C. A water filter shall must be made of safe materials and comply with the
166.23
applicable NSF International standards:.P1
(1) Standard No. 42, Drinking Water Treatment Unit - Aesthetic Effects,
166.24
166.25
1988 and subsequent editions;
4626.1040
166
05/11/17
REVISOR
subsequent editions;
(3) Standard No. 53, Drinking Water Treatment Units - Health Effects,
167.3
167.4
1996 and subsequent editions; or
(4) Standard No. 58, Reverse Osmosis Drinking Water Systems, 1996
167.5
167.6
167.7
RD4071
(2) Standard No. 44, Cation Exchange Water Softeners, 1987 and
167.1
167.2
SGS/IL
and subsequent editions.
C. The NSF International standards specified in item B are incorporated by
167.8
reference, are not subject to frequent change, and are available through the Minitex
167.9
interlibrary loan system.
167.10
4626.1050 5-202.12 HANDWASHING LAVATORY; WATER TEMPERATURE
AND FLOW SINK; INSTALLATION. 5-202.12
167.11
167.12
A. A handwashing lavatory shall sink must be equipped to provide water
167.13
at a temperature of at least 43 degrees C (110 degrees F) through a mixing valve or
167.14
combination faucet to allow handwashing for at least 15 seconds through a mixing valve
167.15
or combination faucet.P2
167.16
B. A steam mixing valve shall must not be used at a handwashing lavatory sink.
167.17
C. A self-closing, slow-closing, or metering faucet shall must provide a flow of
167.18
167.19
water for at least 15 seconds without the need to reactivate the faucet.
D. An automatic handwashing facility must be installed according to the
167.20
manufacturer's instructions and specifications.
167.21
4626.1065 5-202.15 WATER CONDITIONING DEVICE; DESIGN. 5-202.15
167.22
A water filter, screen, or other water conditioning device installed on a water line shall
167.23
lines must be designed and located to facilitate disassembly for periodic servicing and
167.24
cleaning. A water filter element shall must be a replaceable type.
4626.1065
167
05/11/17
168.1
168.2
168.3
REVISOR
SGS/IL
RD4071
4626.1070 5-203.11 HANDWASHING LAVATORY SINKS; NUMBERS AND
CAPACITY.* 5-203.11
A. Except as specified in items B and C, each food establishment must install
168.4
at least one 1 handwashing lavatory sink, or the number of handwashing lavatories
168.5
sinks necessary for their the convenient use by employees in the areas specified in part
168.6
4626.1095, and not fewer than the number of handwashing lavatories required by chapter
168.7
4715 shall be provided.P2
168.8
B. When food exposure is limited and handwashing lavatories sinks are not
168.9
conveniently available at vending machine locations, employees may use chemically
168.10
treated towelettes for handwashing.
168.11
C. A special event food stand or seasonal temporary food stand that is
168.12
disassembled after each use may use a handwashing device with water delivered under
168.13
pressure or by gravity with a faucet or spigot that provides hands-free flow of water.
168.14
4626.1075 5-203.12 TOILETS AND URINALS.* 5-203.12
168.15
A. At least one 1 toilet and not fewer than the number of toilets required by
168.16
chapter 4715 shall federal and state laws and rules must be provided. In accordance with
168.17
chapter 4715, Urinals may be substituted for toilets if more than the required minimum
168.18
number of toilets required under state or federal laws and rules are provided.
168.19
168.20
168.21
B. A plumbing fixture such as a handwashing sink, toilet, or urinal must be
easily cleanable.
C. A food cart, retail food vehicle, portable structure, cart, special event food
168.22
stand, or temporary food establishment is exempt from item A.
168.23
4626.1080 5-203.13 SERVICE SINK. 5-203.13
168.24
168.25
A. At least one 1 service sink or one 1 curbed cleaning facility equipped with a
floor drain shall must be provided and conveniently located for the cleaning of mops or
4626.1080
168
05/11/17
REVISOR
SGS/IL
RD4071
169.1
similar wet floor cleaning tools and for disposing the disposal of mop water and similar
169.2
liquid waste. The service sink or cleaning facility shall include a faucet accessible for
169.3
supply of drinking water at all times must not be used for any other purpose.
B. Toilets and urinals must not be used as a service sink for the disposal of mop
169.4
169.5
water and similar liquid waste.
C. A food cart, retail food vehicle, portable structure, cart, special event food
169.6
169.7
stand, or temporary food establishment is exempt from item A.
169.8
4626.1085 5-203.14 BACKFLOW PREVENTION DEVICE; WHEN REQUIRED.*
5-203.14
169.9
A. A plumbing system shall must be installed to preclude backflow of a solid,
169.10
169.11
liquid, or gas contaminant into the water supply system at each point of use at the food
169.12
establishment, including on a hose bibb if a hose is attached or on a hose bibb if a hose is
169.13
not attached and backflow prevention is required by law, by: in accordance with chapter
169.14
4714.P1
169.15
A. providing an air gap specified in part 4626.1055; or
169.16
B. installing an approved backflow prevention device specified in part 4626.1060
169.17
A backflow prevention device must be located so that it may be serviced and maintained.
169.18
4626.1095 5-204.11 HANDWASHING LAVATORY SINKS.* 5-204.11
169.19
A handwashing lavatory shall sink must be located:
A. to allow convenient use by employees in food preparation, food dispensing,
169.20
169.21
and warewashing areas;P2 and
B. in, or immediately adjacent to, toilet rooms.P2
169.22
169.23
4626.1110 5-205.11 USING HANDWASHING LAVATORY SINKS. 5-205.11
A. A handwashing lavatory shall sink must be maintained so that it is accessible
169.24
169.25
at all times for employee use.P2
4626.1110
169
05/11/17
170.1
170.2
170.3
REVISOR
SGS/IL
B. A handwashing lavatory shall sink must not be used for purposes other
than handwashing.P2
C. An automatic handwashing facility must be used according to the
170.4
manufacturer's instructions.P2
170.5
4626.1115 5-205.12 PROHIBITING CROSS-CONNECTION
CROSS-CONNECTIONS PROHIBITED.* 5-205.12
170.6
RD4071
170.7
A. Except as allowed under Code of Federal Regulations, title 9, section 308.3,
170.8
paragraph (d), for firefighting, A person shall not create a cross-connection by connecting
170.9
a pipe or conduit between the drinking water system and a nondrinking water system
170.10
or a water system of unknown quality.P1
170.11
B. The piping of a nondrinking water system shall must be durably identified so
N
P2
170.12
that it is readily distinguishable from piping that carries drinking water.
170.13
4626.1120 5-205.13 SCHEDULING INSPECTION AND SERVICE FOR A WATER
TREATMENT SYSTEM DEVICE. 5-205.13
170.14
170.15
A. A water treatment device, other than a water softener, shall device such as
170.16
a water treatment device or backflow preventer must be scheduled for inspection and
170.17
service according to the manufacturer's instructions and as necessary to prevent device
170.18
failure based on local water conditions. Records demonstrating inspection and service
170.19
must be maintained by the person in charge.P2
170.20
B. A backflow preventer shall be inspected, tested, and maintained according to
170.21
chapter 4715.
170.22
170.23
4626.1125 5-205.14 WATER RESERVOIR OF FOGGING DEVICES; CLEANING.*
5-205.14
170.24
A. A reservoir that is used to supply water to a produce fogger or similar device
170.25
shall must be:
(1) maintained according to the manufacturer's specifications;P1 and
170.26
4626.1125
170
05/11/17
REVISOR
the procedures specified in item B, whichever is more stringent.P1
B. Cleaning procedures shall must include at least the following steps and shall
171.3
171.4
must be conducted at least once a week:
(1) draining and complete disassembly of the water and aerosol contact
171.5
171.6
parts;P1
(2) brush-cleaning the reservoir, aerosol tubing, and discharge nozzles with
171.7
171.8
a suitable detergent solution;P1
(3) flushing the complete system with water to remove the detergent
171.9
171.10
RD4071
(2) cleaned according to the manufacturer's specifications or according to
171.1
171.2
SGS/IL
solution and particulate accumulation;P1 and
(4) rinsing by immersing, spraying, or swabbing the reservoir, aerosol
171.11
171.12
tubing, and discharge nozzles with at least 50 mg/L hypochlorite solution an effective
171.13
sanitizing chemical per the manufacturer's recommendations.P1
171.14
4626.1135 5-301.11 WATER TANKS; APPROVED. 5-301.11
171.15
171.16
A mobile water tank used to supply a food establishment, mobile a temporary food
establishment water tank, or any appurtenances shall must meet:
171.17
A. the requirements specified in parts 4626.1135 to 4626.1175;
171.18
B. the requirements specified in part 4626.0450, items A, B, D, and E; and
171.19
C. the standards for water haulers specified in parts 4720.4000 4720.4300
171.20
to 4720.4400.
171.21
4626.1140 5-302.16 DRINKING WATER HOSE; CONSTRUCTION AND
IDENTIFICATION. 5-302.16
171.22
171.23
A hose used for conveying drinking water from a water tank shall have a smooth
171.24
interior surface, shall be of food grade material, and, if not permanently attached, shall be
171.25
clearly and durably identified as to its use. must be:
4626.1140
171
05/11/17
REVISOR
SGS/IL
RD4071
172.1
A. of a food grade material;P1
172.2
B. durable, corrosion-resistant, and nonabsorbent;
172.3
C. resistant to pitting, chipping, crazing, scratching, scoring, distortion, and
172.4
decomposition;
172.5
D. finished with a smooth interior surface; and
172.6
E. clearly and durably identified as to its use if not permanently attached to the
172.7
water source.
172.8
4626.1145 5-303.11 FILTER; COMPRESSED AIR. 5-303.11
172.9
A filter that does not pass oil or oil vapors shall must be installed in the air supply
172.10
line between the compressor and drinking water system when compressed air is used to
172.11
pressurize the water tank system.P1
172.12
172.13
4626.1150 5-303.12 WATER INLET, OUTLET, AND HOSES; PROTECTIVE
EQUIPMENT COVER OR DEVICE. 5-303.12
172.14
A cap and keeper chain, closed cabinet, closed storage tube, or other approved
172.15
protective equipment cover or device shall must be provided for a water inlet, outlet, and
172.16
hose when the device is not in use.
172.17
4626.1155 5-303.13 MOBILE FOOD ESTABLISHMENT WATER TANK INLET.
5-303.13
172.18
172.19
172.20
172.21
A mobile food establishment's water tank inlet shall must be:
A. 19.1 millimeters (three-fourths inch) 3/4 inch (19.1 millimeters) in inner
diameter or less; and
[For text of item B, see M.R.]
172.22
172.23
172.24
172.25
172.26
4626.1160 5-304.11 WATER SYSTEM FLUSHING AND DISINFECTION
SANITIZATION.* 5-304.11
A water tank, pump, and hose shall must be flushed and sanitized before being placed
in service after construction, repair, modification, and periods of nonuse.P1
4626.1160
172
05/11/17
173.1
173.2
173.3
REVISOR
SGS/IL
RD4071
4626.1165 5-304.12 USING PUMP WATER TANK, PUMP, AND HOSE;
BACKFLOW PREVENTION. 5-304.12
A person shall operate a water tank, pump, and hose so that backflow and other
173.4
contamination of the water supply are prevented.
173.5
4626.1175 5-304.14 WATER TANK, PUMP, AND HOSE; DEDICATION. 5-304.14
173.6
A. Except as specified in item B, a water tank, pump, or hose water tanks, pumps,
173.7
and hoses used for conveying drinking water shall must be used for no other purpose.P1
173.8
B. A Water tank, pump, or hose tanks, pumps, and hoses approved for liquid
173.9
foods may be used for conveying drinking water if it is they are cleaned and sanitized after
173.10
each use before they are used to convey water.
173.11
173.12
4626.1180 5-401.11 SEWAGE HOLDING TANK CAPACITY AND DRAINAGE.
5-401.11
173.13
A. A sewage holding tank in a mobile food unit or seasonal temporary food
173.14
establishment shall must be:
173.15
A. (1)
173.16
B. (2) sloped to a drain that is 25 millimeters (one inch) 1 inch (25 millimeters)
sized 15 percent larger in capacity than the water supply tank; and
173.17
in inner diameter or greater, and equipped with a shut-off valve.
173.18
B. The sewage must not be discharged on the ground.
173.19
C. The regulatory authority may approve an alternate method for conveying and
173.20
disposing of sewage from a mobile food unit or seasonal temporary food establishment
173.21
in lieu of a waste-holding tank. The alternative method of conveying and disposing of
173.22
sewage must meet the requirements of part 4626.1200.
4626.1180
173
05/11/17
174.1
174.2
REVISOR
SGS/IL
RD4071
4626.1190 5-402.12 BACKFLOW PREVENTION.* 5-402.11
A. Except as specified in items B and, C, and D, a direct connection shall must
174.3
not exist between the sewage system and a drain originating from equipment in which
174.4
food, portable equipment, or utensils are placed.P1
174.5
174.6
174.7
B. Item A does not apply to floor drains that originate in refrigerated spaces that
are constructed as an integral part of the building.
B C. If allowed by chapter 4715 4714, a warewashing machine may have a
174.8
direct connection between its waste outlet and a floor drain when the machine is located
174.9
within 1.5 meters (five feet) 5 feet (1.5 meters) of a trapped floor drain and the machine
174.10
outlet is connected to the inlet side of a properly vented floor drain trap.
174.11
C D. If allowed by chapter 4715 4714, a warewashing or culinary sink may
174.12
have a direct connection.
174.13
4626.1195 5-402.13 GREASE TRAP. 5-402.12
174.14
174.15
If used, a grease trap shall must be located to be easily accessible for cleaning.
4626.1200 5-402.14 CONVEYING SEWAGE.* 5-402.13
174.16
Sewage shall must be conveyed to the point of disposal through an approved sanitary
174.17
sewage system or other system, including use of sewage transport vehicles, waste retention
174.18
tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated
174.19
according to chapter chapters 7080 and 7081, and Minnesota Statutes, section 115.55.P1
174.20
4626.1205 5-402.15 REMOVING MOBILE TEMPORARY FOOD
ESTABLISHMENT WASTES. 5-402.14
174.21
174.22
Sewage and other liquid wastes shall must be removed from a mobile temporary food
174.23
establishment, food cart, special event food stand, retail food vehicle, portable structure,
174.24
or cart at an approved waste servicing area or by a sewage transport vehicle in such a way
174.25
that a public health hazard or nuisance is not created.P2
4626.1205
174
05/11/17
175.1
175.2
REVISOR
SGS/IL
4626.1210 5-402.16 FLUSHING WASTE RETENTION TANK. 5-402.15
A tank for liquid waste retention shall must be thoroughly flushed and drained in a
175.3
sanitary manner during the servicing operation.
175.4
4626.1215 5-403.11 APPROVED SEWAGE DISPOSAL SYSTEM.* 5-403.11
175.5
RD4071
Sewage shall must be disposed through an approved facility that is:
175.6
A. a public sewage treatment plant;P1 or
175.7
B. an individual sewage disposal system that is sized, constructed, maintained,
175.8
and operated according to chapter chapters 7080 and 7081.P1
175.9
4626.1220 5-403.12 OTHER LIQUID WASTES AND RAINWATER. 5-403.12
175.10
Condensate drainage and other nonsewage liquids and rainwater shall must be drained
175.11
from point of discharge to disposal according to chapter chapters 7080, 7081, and 7083.
175.12
4626.1225 5-501.10 REFUSE; INDOOR STORAGE AREA. 5-501.10
175.13
If located within the food establishment, a storage area for refuse, recyclables, and
175.14
returnables shall must meet the requirements specified in parts 4626.1325, 4626.1335,
175.15
to 4626.1370, 4626.1395, and 4626.1400.
175.16
4626.1230 5-501.11 REFUSE; OUTDOOR STORAGE SURFACE. 5-501.11
175.17
An outdoor storage surface for refuse, recyclables, and returnables shall must be
175.18
constructed of nonabsorbent material such as concrete, or asphalt, or other nonabsorbent
175.19
material and shall must be smooth, durable, and sloped to drain.
175.20
4626.1235 5-501.12 REFUSE; OUTDOOR ENCLOSURE. 5-501.12
175.21
175.22
If used, an outdoor enclosure for refuse, recyclables, and returnables shall must be
constructed of durable and cleanable materials.
4626.1235
175
05/11/17
176.1
REVISOR
SGS/IL
RD4071
4626.1240 5-501.13 REFUSE; RECEPTACLES. 5-501.13
A. Except as specified in item B, receptacles and waste handling units for
176.2
176.3
refuse, recyclables, and returnables and for use with materials containing food residue
176.4
shall must be durable, cleanable, insect- and rodent-resistant, leakproof, and nonabsorbent.
B. Plastic bags and wet strength paper bags may be used to line receptacles for
176.5
176.6
storage inside the food establishment or within closed outside receptacles.
176.7
4626.1245 5-501.14 REFUSE; RECEPTACLES IN VENDING MACHINES.
5-501.14
176.8
176.9
A refuse receptacle shall must not be located within a vending machine, except that a
176.10
receptacle for beverage bottle crown closures may be located within a vending machine.
176.11
4626.1250 5-501.15 REFUSE; OUTSIDE RECEPTACLES. 5-501.15
A. Receptacles and waste handling units for refuse, recyclables, and returnables
176.12
176.13
used with materials containing food residue and used outside the food establishment shall
176.14
must be designed and constructed to have tight-fitting lids, doors, or covers.
B. Receptacles and waste handling units for refuse and recyclables, including
176.15
176.16
such as an on-site compactor, shall must be installed so that accumulation of debris
176.17
and insect and rodent attraction and harborage are minimized and effective cleaning is
176.18
facilitated around and, if the equipment is not installed flush with the base pad, under
176.19
the unit.
176.20
4626.1255 5-501.16 REFUSE; STORAGE AREAS, ROOMS, AND RECEPTACLES;
CAPACITY AND AVAILABILITY. 5-501.16
176.21
176.22
A. An inside storage room and area, an outside storage area and enclosure, and
176.23
receptacles shall must be of sufficient capacity to hold refuse, recyclables, and returnables
176.24
that accumulate.
4626.1255
176
05/11/17
177.1
REVISOR
SGS/IL
RD4071
B. A receptacle shall must be provided in each area of the food establishment
177.2
or premises where refuse is generated or commonly discarded or where recyclables or
177.3
returnables are placed.
177.4
C. If disposable towels are used at handwashing lavatories sinks, a waste
177.5
receptacle shall must be located at each lavatory sink or group of adjacent lavatories sinks.
177.6
4626.1260 5-501.17 REFUSE; TOILET ROOM RECEPTACLE; COVERED.
5-501.17
177.7
177.8
A toilet room shall must be provided with a covered receptacle for sanitary napkins
177.9
or diapers.
177.10
4626.1265 5-501.18 REFUSE; CLEANING EQUIPMENT AND SUPPLIES. 5-501.18
177.11
A. Except as specified in item B, suitable cleaning equipment implements and
177.12
supplies, including such as high pressure pumps, hot water, steam, and detergent, shall
177.13
must be provided as necessary to effectively clean receptacles and waste handling units
177.14
for refuse, recyclables, and returnables.
177.15
B. If approved, Off-premises-based cleaning services with implements and
177.16
supplies as specified in item A may be used if on-premises cleaning implements and
177.17
supplies are not provided.
177.18
4626.1270 5-501.19 REFUSE; STORAGE AREAS, REDEEMING MACHINES,
EQUIPMENT, AND RECEPTACLES; LOCATION. 5-501.19
177.19
177.20
A. An area designated for refuse, recyclables, returnables, and, except as
177.21
specified in item B, a redeeming machine for recyclables or returnables shall must be
177.22
located so that it is separate from food, equipment, utensils, linens, and single-service and
177.23
single-use articles and a nuisance or a public health hazard is not created.
[For text of item B, see M.R.]
177.24
4626.1270
177
05/11/17
178.1
REVISOR
SGS/IL
RD4071
C. The location of receptacles and waste handling units for refuse, recyclables,
178.2
and returnables shall must not create a public health hazard or nuisance or interfere with
178.3
the cleaning of adjacent space.
178.4
4626.1275 5-501.110 STORING REFUSE, RECYCLABLES, AND
RETURNABLES; INSECT AND RODENT CONTROL. 5-501.110
178.5
178.6
Refuse, recyclables, and returnables shall must be stored in receptacles or waste
178.7
handling units so that they are inaccessible to insects and rodents.
178.8
4626.1280 5-501.111 AREAS, ENCLOSURES, AND RECEPTACLES; GOOD
REPAIR. 5-501.111
178.9
178.10
Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables
178.11
shall must be maintained in good repair.
178.12
4626.1285 5-501.112 OUTSIDE STORAGE PROHIBITIONS. 5-501.112
178.13
A. Except as specified in item B, refuse receptacles not meeting the requirements
178.14
specified in part 4626.1240, item A, including receptacles that are not rodent-resistant,
178.15
unprotected plastic bags and paper bags, and baled units that contain materials with food
178.16
residue, shall must not be stored outside.
[For text of item B, see M.R.]
178.17
178.18
178.19
178.20
4626.1290 5-501.113 COVERING RECEPTACLES. 5-501.113
Receptacles and waste handling units for refuse, recyclables, and returnables shall
must be kept covered:
[For text of items A and B, see M.R.]
178.21
178.22
178.23
178.24
4626.1295 5-501.114 USING DRAIN PLUGS. 5-501.114
Drains in receptacles and waste handling units for refuse, recyclables, and returnables
shall must have drain plugs in place.
4626.1295
178
05/11/17
179.1
179.2
REVISOR
SGS/IL
RD4071
4626.1300 5-501.115 MAINTAINING REFUSE AREAS AND ENCLOSURES.
5-501.115
179.3
A storage area and enclosure for refuse, recyclables, or returnables shall must be
179.4
maintained clean and free of unnecessary items, as specified in part 4626.1580, and clean.
179.5
4626.1305 5-501.116 CLEANING RECEPTACLES. 5-501.116
A. Receptacles and waste handling units for refuse, recyclables, and returnables
179.6
179.7
shall must be thoroughly cleaned in a way that does not contaminate food, equipment,
179.8
utensils, linens, or single-service and single-use articles, and wastewater shall must be
179.9
disposed of as specified in Minnesota Statutes, chapter 115A according to part 4626.1200
179.10
and applicable state laws and rules.
B. Soiled Receptacles and waste handling units for refuse, recyclables,
179.11
179.12
and returnables shall must be cleaned at a frequency necessary to prevent them from
179.13
developing a build-up of soil or becoming attractants for insects and rodents.
179.14
4626.1310 5-502.11 REFUSE, RECYCLABLES, AND RETURNABLES;
REMOVAL FREQUENCY. 5-502.11
179.15
179.16
Refuse, recyclables, and returnables shall must be removed from the premises at a
179.17
frequency that will minimize the development of objectionable odors and other conditions
179.18
that attract or harbor insects and rodents.
179.19
4626.1315 5-502.12 RECEPTACLES OR VEHICLES. 5-502.12
179.20
179.21
179.22
179.23
179.24
179.25
Refuse, recyclables, and returnables shall must be removed from the premises by
way of:
A. portable receptacles that are constructed and maintained according to
Minnesota Statutes, chapter 115A applicable state laws and rules; or
B. a transport vehicle that is constructed, maintained, and operated according to
Minnesota Statutes, chapter 115A applicable state laws and rules.
4626.1315
179
05/11/17
180.1
180.2
180.3
180.4
180.5
180.6
REVISOR
SGS/IL
RD4071
4626.1320 5-503.11 SOLID WASTE COMMUNITY OR INDIVIDUAL FACILITY.
5-503.11
Solid waste not disposed of through the sewage system, including that disposed of
with grinders and pulpers, shall be:
A. recycled or disposed of in an approved public or private community
recycling or refuse facility; or
180.7
B. disposed of in a landfill, incinerator, or other individual refuse facility that
180.8
is sized, constructed, maintained, and operated according to Minnesota Statutes, chapter
180.9
115A, and section 473.803. such as through grinders and pulpers, must be recycled or
180.10
disposed of in an approved public or private community recycling or refuse facility;
180.11
or solid waste must be disposed of in an individual refuse facility such as a landfill or
180.12
incinerator that is sized, constructed, maintained, and operated according to applicable
180.13
state laws and rules.
180.14
4626.1325 6-101.11 SURFACE FLOORS, WALLS, AND CEILINGS;
CHARACTERISTICS; INDOOR AREAS AND MATERIALS. 6-101.11
180.15
180.16
180.17
A. Except as specified in item B, materials for indoor floor, wall, and ceiling
surfaces under conditions of normal use shall must be:
[For text of subitem (1), see M.R.]
180.18
(2) closely woven and easily cleanable carpet, where carpeting is permitted
180.19
180.20
for carpeted areas; and
(3) nonabsorbent for areas subject to moisture such as food preparation
180.21
180.22
areas, walk-in refrigerators, warewashing areas, toilet rooms, mobile food establishment
180.23
all servicing areas, handwash areas, janitorial areas, laundry areas, interior garbage and
180.24
refuse storage rooms, areas subject to flushing or spray cleaning methods, and other areas
180.25
subject to moisture and areas subject to flushing or spray cleaning methods.
4626.1325
180
05/11/17
181.1
181.2
REVISOR
SGS/IL
RD4071
B. In a any temporary food establishment, retail portable structure, cart, or
special event food stand, or seasonal food stand:
(1) if graded to drain, a floor may be concrete, machine-laid asphalt, or dirt
181.3
181.4
or gravel if it is covered with mats, removable platforms, duckboards, or other suitable
181.5
materials approved by the regulatory authority that are effectively treated to control dust
181.6
and mud; and
181.7
(2) food activities shall cease in adverse weather unless walls and ceilings
181.8
are walls and ceilings must be constructed of a material that protects the interior from the
181.9
weather and windblown dust and debris.
181.10
181.11
4626.1330 6-102.11 SURFACE OUTDOOR SURFACES; CHARACTERISTICS;
OUTDOOR AREAS AND MATERIALS. 6-102.11
181.12
A. Exterior Outdoor walking and driving areas of a food establishment shall
181.13
must be surfaced with concrete, asphalt, gravel, or other materials that have been
181.14
effectively treated to minimize dust, facilitate maintenance, and prevent muddy conditions.
181.15
181.16
181.17
B. Exterior surfaces of buildings and mobile food establishments shall must be
of weather-resistant materials and shall must comply with law.
C. Outdoor storage areas for refuse, recyclables, or returnables shall be of
181.18
materials specified in parts 4626.1230 and 4626.1235.
181.19
4626.1335 6-201.11 FLOORS, WALLS, AND CEILINGS; CLEANABILITY.
6-201.11
181.20
181.21
A. Except as specified in part 4626.1350, the floors, floor coverings, walls, wall
181.22
coverings, and ceilings shall must be designed, constructed, and installed so they are
181.23
smooth and easily cleanable, except that antislip floor coverings or applications may be
181.24
used for safety reasons.
181.25
B. Surfaces shall be maintained in good repair.
4626.1335
181
05/11/17
REVISOR
SGS/IL
RD4071
182.1
C. Vinyl flooring is prohibited in a walk-in cooler or freezer.
182.2
D. B. Sealed concrete is prohibited in those areas described in part 4626.1325,
182.3
item A, subitem (3), if food product packages, containers, or cases in those areas are
182.4
opened. Sealed concrete is permitted in areas used exclusively for refuse storage.
182.5
4626.1340 6-201.12 FLOORS, WALLS, AND CEILINGS; UTILITY LINES.
6-201.12
182.6
182.7
A. Utility service lines and pipes shall must not be unnecessarily exposed.
182.8
B. Exposed utility service lines and pipes shall must be installed so they do not
182.9
182.10
182.11
obstruct or prevent cleaning of the floors, walls, or ceilings.
C. Exposed horizontal utility service lines and pipes shall must not be installed
directly on the walls or floor, except:.
(1) quick disconnect gas hoses approved by the American Gas Association
182.12
182.13
or NSF International; and
(2) flexible cords and caps for commercial cooking equipment on casters,
182.14
182.15
listed by Underwriter's Laboratory.
182.16
4626.1345 6-201.13 FLOOR AND WALL JUNCTURES; COVED AND ENCLOSED
OR SEALED. 6-201.13
182.17
182.18
A. In food establishments in which cleaning methods other than water flushing
182.19
are used for cleaning floors, the floor and wall junctures shall must be coved and closed to
182.20
no larger than one millimeter 1/32 inch (1/32 inch 1 millimeter).
182.21
B. The floors in food establishments in which water flushing cleaning methods
182.22
are used shall must be provided with drains and graded to drain, and the floor and wall
182.23
junctures shall must be coved and sealed.
4626.1345
182
05/11/17
183.1
183.2
183.3
REVISOR
SGS/IL
RD4071
4626.1350 6-201.14 FLOOR CARPETING; RESTRICTIONS AND
INSTALLATION. 6-201.14
A. Carpeting or similar material shall must not be installed as a floor covering
183.4
in food preparation areas; walk-in refrigerators or freezers; warewashing areas; toilet
183.5
room areas where handwashing lavatories sinks, toilets, and urinals are located; refuse
183.6
storage areas; wait stations; dressing rooms; locker rooms; janitorial areas; within three
183.7
3 feet around permanently installed bars and salad bars, other food service equipment,
183.8
and food storage rooms; or other areas where the floor is subject to moisture, flushing, or
183.9
spray cleaning methods.
183.10
183.11
B. If carpeting is installed as a floor covering in areas other than those specified
in item A, it shall must be:
[For text of subitems (1) and (2), see M.R.]
183.12
183.13
183.14
183.15
4626.1355 6-201.15 FLOOR COVERING; MATS AND DUCKBOARDS. 6-201.15
A. Mats and duckboards shall be constructed of nonabsorbent, nonwood,
grease-resistant materials.
183.16
B. Throw carpeting may be used at customer entrances.
183.17
C. The size, design, and construction of the material shall facilitate easy cleaning.
183.18
183.19
183.20
183.21
183.22
183.23
Mats and duckboards must be designed to be removable and easily cleanable.
4626.1360 6-201.16 WALL AND CEILING COVERINGS AND COATINGS.
6-201.16
A. Wall and ceiling covering materials shall must be attached so that they
are easily cleanable.
B. Except in areas used only for dry storage, concrete, porous blocks or bricks
183.24
used for indoor wall construction shall must be finished and sealed to provide a smooth,
183.25
nonabsorbent, easily cleanable surface.
4626.1360
183
05/11/17
184.1
REVISOR
SGS/IL
RD4071
4626.1365 6-201.17 WALLS AND CEILINGS; ATTACHMENTS. 6-201.17
A. Except as specified in item B, light fixtures, mechanical room ventilation
184.2
184.3
system components, vent covers, wall mounted fans, decorative items, and other
184.4
attachments to walls and ceilings shall such as light fixtures, mechanical room ventilation
184.5
system components, vent covers, wall mounted fans, decorative items, and other
184.6
attachments must be easily cleanable.
[For text of item B, see M.R.]
184.7
184.8
184.9
184.10
4626.1370 6-201.18 WALLS AND CEILINGS; STUDS, JOISTS, AND RAFTERS.
6-201.18
Except for temporary food establishments, studs, joists, and rafters may must not be
184.11
exposed only in areas used exclusively for the storage of food and single-use articles
184.12
in unopened packages subject to moisture. This part does not apply to temporary food
184.13
establishments.
184.14
4626.1375 6-202.11 LIGHT BULBS; PROTECTIVE SHIELDING. 6-202.11
A. Except as specified in item B, light bulbs shall must be shielded, coated, or
184.15
184.16
otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils,
184.17
and linens; or unwrapped single-service and single-use articles.
[For text of item B, see M.R.]
184.18
C. An infrared or other heat lamp shall must be protected against breakage by
184.19
184.20
a shield surrounding and extending beyond the bulb so that only the face of the bulb is
184.21
exposed.
184.22
4626.1380 6-202.12 HEATING, VENTILATING, AND AIR CONDITIONING
SYSTEM VENTS. 6-202.12
184.23
184.24
184.25
Heating, ventilating, and air conditioning systems shall must be designed and
installed so that make-up air intake and exhaust vents do not cause contamination of food,
4626.1380
184
05/11/17
REVISOR
SGS/IL
RD4071
185.1
food preparation food-contact surfaces, equipment, or utensils. Systems shall must be
185.2
installed according to chapter 1346.
185.3
4626.1385 6-202.13 INSECT CONTROL DEVICES; DESIGN AND
INSTALLATION. 6-202.13
185.4
185.5
A. Devices that are used to electrocute flying insects shall be designed to have
185.6
escape-resistant trays. Insect control devices that are used to electrocute or stun flying
185.7
insects must be designed to retain the insect within the device.
185.8
B. Devices that are used to electrocute flying insects and that may impel insects
185.9
or insect fragments or to trap insects by adherence shall Insect control devices must be
185.10
installed so that:
185.11
[For text of subitems (1) and (2), see M.R.]
185.12
4626.1390 6-202.14 TOILET ROOMS; ENCLOSED. 6-202.14
185.13
A toilet room located on the premises shall be completely enclosed and provided
185.14
with a tight-fitting and self-closing door except that this part does not apply to a toilet
185.15
room that Except where a toilet room is located outside a food establishment and does
185.16
not open directly into the food establishment, including such as a toilet room that is
185.17
provided by the management of a shopping mall, a toilet room located on the premises
185.18
must be completely enclosed and provided with a tight-fitting and self-closing door or
185.19
as specified in part 4626.1555.
185.20
4626.1395 6-202.15 OUTER OPENINGS; PROTECTED. 6-202.15
185.21
A. Except in temporary food establishments, openings to a portion of a building
185.22
that is not part of the food establishment or to the outdoors shall or an outside area used
185.23
for beverage service, such as alcohol bar service or as specified in items B, C, E, and F
185.24
and under item D, outer openings of a food establishment must be protected against the
185.25
entry of insects and rodents by:
4626.1395
185
05/11/17
REVISOR
RD4071
[For text of subitems (1) to (3), see M.R.]
186.1
186.2
SGS/IL
B. Except as specified in item C, if windows or doors are kept open for ventilation
186.3
or other purposes, or the food operation is conducted in a temporary food establishment
186.4
that is not provided with windows and solid doors, the openings shall be Item A does not
186.5
apply if a food establishment opens into a larger structure, such as a mall, airport, or office
186.6
building, or into an attached structure, such as a porch, and the outer openings from the
186.7
larger or attached structure are protected against the entry of insects and rodents by:.
186.8
(1) 16 mesh to 25.4 millimeters (one inch) screens;
186.9
(2) properly designed and installed air curtains; or
186.10
(3) other effective means.
186.11
C. Item B does not apply if flying insects and other pests are absent due to the
186.12
location of the establishment, the weather, or other limiting condition. Exterior doors used
186.13
as exits need not be self-closing if they are:
186.14
(1) solid and tight-fitting;
186.15
(2) designated for use only when an emergency exists, by the fire protection
186.16
authority that has jurisdiction over the food establishment; and
(3) limited-use so they are not used for entrance or exit from the building
186.17
186.18
186.19
for purposes other than the designated emergency exit use.
D. Except as specified in items B and E, if the windows or doors of a food
186.20
establishment, or those of a larger structure where a food establishment is located, are
186.21
kept open for ventilation or other purposes, the openings must be protected against the
186.22
entry of insects and rodents by:
186.23
(1) 16 mesh to 1 inch (25 mm) screens;
186.24
(2) properly designed and installed air curtains to control flying insects; or
4626.1395
186
05/11/17
REVISOR
187.3
187.4
RD4071
(3) other effective means.
187.1
187.2
SGS/IL
E. Item D does not apply to a temporary food establishment that does not have
windows and doors.
F. Item D does not apply if flying insects and other pests are absent due to the
187.5
location of the establishment, the weather, or other limiting condition.
187.6
187.7
4626.1400 6-202.16 EXTERIOR WALLS AND ROOFS; PROTECTIVE BARRIER.
6-202.16
187.8
A. Except as specified in item B, perimeter walls and roofs of a food
187.9
establishment shall must effectively protect the establishment from the weather and the
187.10
entry of insects, rodents, and other animals.
187.11
B. A temporary food establishment, food cart, special event food stand, retail
187.12
vehicle, portable structure, or cart must provide protection during adverse weather by its
187.13
construction or location. Food activities must cease if protection fails.
187.14
4626.1405 6-202.17 OUTDOOR FOOD VENDING AREAS; OVERHEAD
PROTECTION. 6-202.17
187.15
187.16
If located outside, a machine used to vend food shall must be provided with overhead
187.17
protection except that machines vending canned beverages need not comply with this part.
187.18
4626.1410 6-202.18 OUTDOOR SERVICING AREAS; OVERHEAD
PROTECTION. 6-202.18
187.19
187.20
Servicing areas shall must be provided with overhead protection except that areas
187.21
used only for loading water or discharging sewage and other liquid waste, through the use
187.22
of a closed system of hoses, need not be provided with overhead protection.
187.23
4626.1415 6-202.19 OUTDOOR WALKING AND DRIVING SURFACES;
GRADED TO DRAIN. 6-202.19
187.24
187.25
187.26
The exterior walking and driving surfaces of the food establishment shall must be
graded to drain.
4626.1415
187
05/11/17
188.1
188.2
188.3
REVISOR
SGS/IL
RD4071
4626.1420 6-202.110 OUTDOOR REFUSE AREAS; CURBED AND GRADED
TO DRAIN. 6-202.110
Outdoor refuse areas shall must be constructed according to law and shall must be
188.4
curbed and graded to drain to collect and dispose of liquid waste that results from the
188.5
refuse and from cleaning the area and waste receptacles.
188.6
4626.1425 6-202.111 PRIVATE HOMES AND LIVING OR SLEEPING
QUARTERS; USE PROHIBITION. 6-202.111
188.7
188.8
A private home, a room used as living or sleeping quarters, or an area directly opening
188.9
into a room used as living or sleeping quarters shall must not be used for conducting
188.10
food establishment operations.P1
188.11
4626.1430 6-202.112 LIVING OR SLEEPING QUARTERS; SEPARATION.
6-202.112
188.12
188.13
Living or sleeping quarters located on the premises of a food establishment, including
188.14
those provided for lodging registration clerks or resident managers, shall must be
188.15
separated from rooms and areas used for food establishment operations by complete
188.16
partitioning and solid self-closing doors.
188.17
4626.1440 6-301.11 HANDWASHING CLEANSER AND NAILBRUSH SOAP;
AVAILABILITY. 6-301.11
188.18
188.19
Each handwashing lavatory sink or group of two 2 adjacent lavatories shall have
188.20
available: handwashing sinks must be provided with a supply of soap.P2
188.21
A. a supply of hand cleaning liquid, powder, or bar soap; and
188.22
B. a nailbrush at the handwashing lavatory used by employees.
188.23
188.24
188.25
188.26
4626.1445 6-301.12 HAND DRYING PROVISION. 6-301.12
Each handwashing lavatory sink or group of adjacent lavatories shall handwashing
sinks must be provided with:
A. individual, disposable towels;P2
4626.1445
188
05/11/17
REVISOR
SGS/IL
RD4071
189.1
B. a continuous towel system that supplies the user with a clean towel;P2 or
189.2
C. a heated-air hand drying device except that a heated-air hand drying
189.3
device shall not be the only device provided at a sink used by food employees in a food
189.4
preparation or warewashing area.;P2 or
189.5
D. a hand drying device that employs an air-knife system that delivers high
189.6
velocity, pressurized air at ambient temperatures.P2
189.7
4626.1455 6-301.14 HANDWASHING AIDS AND DEVICES; USE
RESTRICTIONS. 6-301.13
189.8
189.9
A sink used for food preparation or utensil washing, or a service sink or curbed
189.10
cleaning facility used for the disposal of mop water or similar wastes, shall must not be
189.11
provided with the handwashing aids and devices required for a handwashing lavatory sink
189.12
as specified in parts 4626.1440 to 4626.1450 and 4626.1445.
189.13
4626.1457 HANDWASHING SIGNAGE. 6-301.14
189.14
A sign or poster that notifies food employees to wash their hands must be provided at all
189.15
handwashing sinks used by food employees and must be clearly visible to food employees.
189.16
4626.1459 DISPOSABLE TOWELS; WASTE RECEPTACLE. 6-301.20
189.17
A waste receptacle must be provided as specified in part 4626.1255, item C, for each
189.18
handwashing lavatory or group of adjacent lavatories that is provided with individual,
189.19
disposable towels specified in part 4626.1445, item A.
189.20
4626.1465 6-302.11 TOILET TISSUE; AVAILABILITY. 6-302.11
189.21
189.22
189.23
A supply of toilet tissue shall must be available at each toilet.P2
4626.1470 6-303.11 LIGHTING INTENSITY. 6-303.11
The light intensity shall must be:
4626.1470
189
05/11/17
REVISOR
SGS/IL
RD4071
190.1
A. at least 110 lux (ten foot candles) 10 foot-candles (108 lux) at a distance of
190.2
75 cm 30 inches (30 inches 75 cm) above the floor, in walk-in refrigeration units and dry
190.3
food storage areas, and in other areas and rooms during periods of cleaning;
190.4
B. at least 220 lux (20 foot candles) 20 foot-candles (215 lux):
(1) at a surface where food is provided for consumer self-service, including
190.5
190.6
such as buffets and salad bars, or where fresh produce or packaged foods are sold or
190.7
offered for consumption;
(2) inside equipment including such as reach-in and under-counter
190.8
190.9
refrigerators; and
190.10
(3) at a distance of 75 cm 30 inches (30 inches 75 cm) above the floor
190.11
in areas used for handwashing, warewashing, and equipment and utensil storage, and
190.12
in toilet rooms; and
(4) for areas behind a bar exempt under item C; and
190.13
190.14
C. at least 540 lux (50 foot candles) 50 foot-candles (540 lux) at a surface where
190.15
a food employee is working with food or working with utensils or equipment, including
190.16
such as knives, slicers, grinders, or saws, where employee safety is a factor and in areas
190.17
used for warewashing other than the area behind a bar.
190.18
4626.1475 6-304.11 VENTILATION; MECHANICAL. 6-304.11
190.19
A. All rooms shall must have sufficient mechanical tempered make-up air and
190.20
exhaust ventilation to keep them free of grease, excessive heat, steam, condensation,
190.21
vapors, obnoxious or disagreeable odors, smoke, and fumes according to Minnesota
190.22
Statutes and Minnesota Rules.
[For text of item B, see M.R.]
190.23
190.24
190.25
C. All ventilation systems shall must be operated as designed while the
ventilated equipment is in use.
4626.1475
190
05/11/17
191.1
REVISOR
SGS/IL
RD4071
D. Ventilation systems equipped with filters shall must not be operated with
191.2
the filters removed.
191.3
4626.1480 6-305.11 DRESSING ROOMS AND LOCKERS; DESIGNATION.
6-305.11
191.4
191.5
191.6
191.7
A. Dressing rooms or dressing areas shall must be designated if employees
routinely change clothes in the establishment.
B. Lockers or other suitable facilities shall must be provided for the orderly
191.8
storage of employees' clothing and other possessions.
191.9
4626.1495 6-402.11 TOILET ROOMS; CONVENIENCE AND ACCESSIBILITY.
6-402.11
191.10
191.11
Toilet rooms shall must be conveniently located and accessible to employees during
191.12
all hours of operation.
191.13
4626.1500 6-403.11 DESIGNATED AREAS EMPLOYEE BREAK AREAS,
LOCKERS; LOCATION. 6-403.11
191.14
191.15
A. Areas designated for employees to eat, drink, and use tobacco shall must
191.16
be located so that food, equipment, linens, and single-service and single-use articles
191.17
are protected from contamination.
191.18
B. Lockers or other suitable facilities shall must be located in a designated room
191.19
or area where contamination of food, equipment, utensils, linens, and single-service and
191.20
single-use articles cannot occur.
191.21
4626.1505 6-404.11 RETURNED PRODUCTS; SEGREGATION AND LOCATION.
6-404.11
191.22
191.23
Products that are held by the licensee for credit, redemption, or return to the
191.24
distributor, including damaged, spoiled, or recalled products, shall must be segregated
191.25
and held in designated areas that are separated from food, equipment, utensils, linens,
191.26
and single-service and single-use articles.P2
4626.1505
191
05/11/17
192.1
192.2
192.3
REVISOR
SGS/IL
RD4071
4626.1515 6-501.11 REPAIRING PHYSICAL FACILITIES; GOOD REPAIR.
6-501.11
The Physical facilities shall must be maintained in good repair.
192.5
4626.1520 6-501.12 PHYSICAL FACILITIES; CLEANING; FREQUENCY AND
RESTRICTIONS. 6-501.12
192.6
A. The Physical facilities shall must be cleaned as often as necessary to keep
192.4
192.7
192.8
them clean.
B. Cleaning shall must be done after closing or during other periods when the
192.9
least amount of food is exposed. This item does not apply to cleaning that is necessary
192.10
due to a spill or other accident.
192.11
4626.1525 6-501.13 CLEANING FLOORS; DUSTLESS METHODS. 6-501.13
192.12
A. Except as specified in item B, only wet cleaning, vacuum cleaning, mopping
192.13
with treated dust mops, sweeping using a broom and dust-arresting compounds, or other
192.14
dustless methods of cleaning shall be used to clean floors dustless methods of cleaning
192.15
must be used, such as wet cleaning, vacuum cleaning, mopping with treated dust mops, or
192.16
sweeping using a broom and dust-arresting compounds.
192.17
192.18
B. Spills or drippage on floors that occur between normal floor cleaning times
may be cleaned:
[For text of subitem (1), see M.R.]
192.19
(2) in the case of liquid spills or drippage, with the use of a small amount
192.20
192.21
of absorbent compound such as sawdust, or diatomaceous earth, or other absorbent
192.22
compound applied immediately before spot cleaning.
192.23
4626.1530 6-501.14 CLEANING VENTILATION SYSTEMS; NUISANCE AND
DISCHARGE PROHIBITION. 6-501.14
192.24
192.25
192.26
A. Intake and exhaust air ducts shall must be cleaned and filters changed so they
are not a source of contamination by dust, dirt, and other materials.
4626.1530
192
05/11/17
193.1
REVISOR
SGS/IL
B. If vented to the outside, ventilation systems shall must not create a public
193.2
health hazard or nuisance or unlawful discharge.
193.3
4626.1535 6-501.15 CLEANING MAINTENANCE TOOLS; PREVENTING
CONTAMINATION. 6-501.15
193.4
RD4071
193.5
Food preparation sinks, handwashing lavatories sinks, and warewashing equipment
193.6
shall must not be used to clean for the cleaning of maintenance tools, to prepare or hold
193.7
the preparation or holding of maintenance materials, or to dispose of the disposal of mop
193.8
water and similar liquid wastes.P2
193.9
4626.1540 6-501.16 DRYING MOPS. 6-501.16
193.10
After use, mops shall must be placed in a position that allows them to air-dry without
193.11
soiling walls, equipment, or supplies.
193.12
193.13
4626.1545 6-501.17 ABSORBENT MATERIALS ON FLOORS; USE LIMITATION.
6-501.17
193.14
Except as specified in part 4626.1525, item B, sawdust, wood shavings, granular
193.15
salt, baked clay, diatomaceous earth, or similar absorbent materials shall must not be
193.16
used on floors.
193.17
4626.1550 6-501.18 MAINTAINING AND USING HANDWASHING LAVATORIES
CLEANING OF PLUMBING FIXTURES. 6-501.18
193.18
193.19
Handwashing lavatories shall be kept Plumbing fixtures such as handwashing
193.20
sinks, toilets, and urinals must be cleaned as often as necessary to keep them clean and
193.21
maintained and used as specified in part 4626.1110.
193.22
4626.1555 6-501.19 CLOSING TOILET ROOM DOORS. 6-501.19
193.23
Except during cleaning and maintenance operations, toilet room doors as specified
193.24
in part 4626.1390 shall must be kept closed except during cleaning and maintenance
193.25
operations. Toilet room entries designed without doors, as specified by the Minnesota
193.26
Building Code, do not need to comply with this provision. The Minnesota Building Code
4626.1555
193
05/11/17
REVISOR
SGS/IL
RD4071
194.1
is incorporated by reference, is available at www.dli.mn.gov/ccld/codes15.asp, and is
194.2
subject to frequent change.
194.3
4626.1560 6-501.110 USING DRESSING ROOMS AND LOCKERS. 6-501.110
194.4
194.5
194.6
A. Dressing rooms shall must be used by employees if the employees regularly
change clothes in the establishment.
B. Lockers or other suitable facilities shall must be used for the orderly storage
194.7
of employee clothing and other possessions.
194.8
4626.1565 6-501.111 CONTROLLING PESTS.* 6-501.111
194.9
The premises must be maintained free of insects, rodents, and other pests. The
194.10
presence of insects, rodents, and other pests shall must be controlled to minimize eliminate
194.11
their presence on the premises by:
N
194.12
A. routinely inspecting incoming shipments of food and supplies;
194.13
B. routinely inspecting the premises for evidence of pests;
194.14
C. using pest control methods if pests are found, using such as trapping
N
194.15
devices or other means of pest control as specified in parts 4626.1610, 4626.1650, and
194.16
4626.1655;P2 and
194.17
194.18
194.19
194.20
D. eliminating harborage conditions.
N
4626.1570 6-501.112 REMOVING DEAD OR TRAPPED BIRDS, INSECTS,
RODENTS, AND OTHER PESTS. 6-501.112
Dead or trapped birds, insects, rodents, and other pests shall must be removed
194.21
from control devices and the premises at a frequency that prevents accumulation,
194.22
decomposition, or attraction of pests.
194.23
4626.1575 6-501.113 STORING MAINTENANCE EQUIPMENT TOOLS. 6-501.113
194.24
194.25
Maintenance tools such as brooms, mops, vacuum cleaners, and similar maintenance
tools shall items must be:
4626.1575
194
05/11/17
REVISOR
195.3
195.4
195.5
195.6
195.7
195.8
195.9
195.10
195.11
RD4071
[For text of items A and B, see M.R.]
195.1
195.2
SGS/IL
4626.1580 6-501.114 MAINTAINING PREMISES; UNNECESSARY ITEMS AND
LITTER. 6-501.114
The food establishment premises shall must be free of:
A. items that are unnecessary to the operation or maintenance of the
establishment, including such as equipment that is nonfunctional or no longer used; and
B. litter.
4626.1585 6-501.115 PROHIBITING ANIMALS.* 6-501.115
A. Except as specified in items B and C, live animals shall must not be allowed
on the premises of a food establishment.P2
B. Live animals may be allowed in the following situations if the contamination
195.12
of food; clean equipment, utensils, and linens; and unwrapped single-service and
195.13
single-use articles cannot does not result:
[For text of subitems (1) and (2), see M.R.]
195.14
(3) service animals that are controlled by the disabled employee or person
195.15
195.16
in areas that are not used for food preparation, including dining and sales areas, support
195.17
animals that are trained to assist an employee or other person with a disability, are
195.18
controlled by the disabled employee or person, and are not allowed on seats or tables and
195.19
that are usually open for customers, such as dining and service areas, if no health or safety
195.20
hazard will result from the presence or activities of the service animal; and
(4) pets in the common dining areas of group residences institutional care
195.21
195.22
facilities such as nursing homes, assisted living facilities, group homes, or residential care
195.23
facilities at times other than during meals if:
[For text of units (a) and (b), see M.R.]
195.24
4626.1585
195
05/11/17
REVISOR
RD4071
(c) dining areas including tables, countertops, and similar surfaces are
196.1
196.2
SGS/IL
effectively cleaned before the next meal service.; and
(5) in areas that are not used for food preparation, storage, sales, display, or
196.3
196.4
dining, in which there are caged animals or animals that are similarly confined, such as in
196.5
a store that sells pets or a tourist park that displays animals.
196.6
C. Live or dead fish bait may must be allowed if separately stored so that
196.7
contamination of food; food preparation areas; clean equipment, utensils, and linens; and
196.8
unwrapped single-use articles cannot result.
196.9
4626.1590 7-101.11 POISONOUS OR TOXIC MATERIALS; IDENTIFYING
INFORMATION; PROMINENCE.* 7-101.11
196.10
196.11
Containers of poisonous or toxic materials and personal care items shall must bear
196.12
a legible manufacturer's label.P2
196.13
196.14
4626.1595 7-102.11 POISONOUS OR TOXIC MATERIALS; COMMON NAME.*
7-102.11
196.15
Working containers used for storing cleaners, sanitizers, and other poisonous or
196.16
toxic materials poisonous or toxic materials such as cleaners and sanitizers taken from
196.17
bulk supplies shall must be clearly and individually identified with the common name of
196.18
the material.P2
196.19
4626.1600 7-201.11 SEPARATION POISONOUS OR TOXIC MATERIALS;
STORAGE.* 7-201.11
196.20
196.21
196.22
Poisonous or toxic materials shall must be stored so they cannot contaminate food,
equipment, utensils, linens, and single-service and single-use articles by:
196.23
A. separating the poisonous or toxic materials by spacing or partitioning;P1 and
196.24
B. locating the poisonous or toxic materials in an area that is not above food,
196.25
equipment, utensils, linens, and single-service or single-use articles. This item does not
196.26
apply to equipment and utensil cleaners and sanitizers that are stored in warewashing areas
4626.1600
196
05/11/17
REVISOR
SGS/IL
RD4071
197.1
for availability and convenience if the materials are stored to prevent contamination of
197.2
food, equipment, utensils, linens, and single-service and single-use articles.P1
197.3
4626.1605 7-202.11 POISONOUS OR TOXIC MATERIALS; RESTRICTION.
7-202.11
197.4
197.5
A. Only those poisonous or toxic materials that are required for the operation
197.6
and maintenance of a food establishment, including those for such as for the cleaning and
197.7
sanitizing of equipment and utensils and controlling the control of insects and rodents,
197.8
shall may be allowed in a food establishment.P2
[For text of item B, see M.R.]
197.9
197.10
197.11
197.12
197.13
4626.1610 7-202.12 POISONOUS OR TOXIC MATERIALS; CONDITIONS OF
USE.* 7-202.12
Poisonous or toxic materials shall must be:
A. used according to:
(1) Minnesota Statutes, chapter 18B, and section 31.101, subdivision 3
197.14
197.15
this Code;
(2) the manufacturer's use directions included in labeling and, for a
197.16
197.17
pesticide, the manufacturer's label instructions that state that use is allowed in a food
197.18
establishment;P1 and
(3) the conditions of certification for use of pest control materials as
197.19
197.20
required in chapter 1505 and Minnesota Statutes, chapter 18B licensing, if licensing is
197.21
required, for use of the pest control materials;P1
197.22
B. applied so that:
(1) a hazard to employees or other persons is not constituted as prescribed
197.23
197.24
on the label;P1 and
4626.1610
197
05/11/17
REVISOR
SGS/IL
RD4071
(2) contamination, including toxic residues due to drip, drain, fog, splash,
198.1
198.2
or spray on food, equipment, utensils, linens, and single-service and single-use articles, is
198.3
prevented. and for a restricted use pesticide, this is achieved by:P1
198.4
(a) removing the items;P1
198.5
(b) covering the items with impermeable covers;P1 or
198.6
(c) taking other appropriate preventive actions;P1 and
198.7
(c) (d) cleaning and sanitizing equipment and utensils after the
198.8
198.9
application;P1 and
C. for a restricted-use pesticide, must be applied only by a certified an applicator
198.10
certified as defined in the Federal Insecticide, Fungicide, and Rodenticide Act, United
198.11
States Code, title 7, section 136, paragraph (e) 136(e), and Minnesota Statutes, chapter
198.12
18B, or under the direct supervision of a certified applicator.P2
198.13
4626.1615 7-203.11 POISONOUS OR TOXIC MATERIAL CONTAINERS.*
7-203.11
198.14
198.15
A container previously used to store poisonous or toxic materials shall must not be
198.16
used to store, transport, or dispense food.P1
198.17
4626.1620 7-204.11 SANITIZERS; CRITERIA.* 7-204.11
198.18
Chemical sanitizers, including chemical sanitizing solutions generated on site and
198.19
other chemical antimicrobials applied to food-contact surfaces shall, must meet the
198.20
requirements specified in Code of Federal Regulations, title 21, section 178.1010 title 40,
198.21
part 180, subpart D, section 180.940, or part 180, subpart E, section 180.2020.P1
198.22
4626.1625 7-204.12 CHEMICALS FOR WASHING, TREATMENT, STORAGE
AND PROCESSING; FRUITS AND VEGETABLES; CRITERIA.* 7-204.12
198.23
198.24
A. Chemicals, including those generated on site, used to wash or peel raw,
198.25
whole fruits and vegetables shall meet the requirements specified in Code of Federal
198.26
Regulations, title 21, section 173.315. must:
4626.1625
198
05/11/17
REVISOR
RD4071
(1) be an approved food additive listed for this intended use in Code of
199.1
199.2
SGS/IL
Federal Regulations, title 21, section 173;P1
199.3
(2) be generally recognized as safe (GRAS) for this intended use;P1 or
199.4
(3) be the subject of an effective food-contact notification for this intended
199.5
use (only effective for the manufacturer or supplier identified in the notification);P1 and
(4) meet the requirements in Code of Federal Regulations, title 40, section
199.6
199.7
199.8
156.P1
B. Ozone as an antimicrobial agent used in the treatment, storage, and
199.9
processing of fruits and vegetables in a food establishment must meet the requirements
199.10
specified in Code of Federal Regulations, title 21, part 173, subpart D, section 173.368.P1
199.11
4626.1630 7-204.13 BOILER WATER ADDITIVES; CRITERIA.* 7-204.13
199.12
Chemicals used as boiler water additives shall must meet the requirements specified
199.13
in Code of Federal Regulations, title 21, part 173, subpart D, section 173.310.P1
199.14
4626.1635 7-204.14 DRYING AGENTS; CRITERIA.* 7-204.14
199.15
199.16
199.17
Drying agents used in conjunction with sanitization shall not conflict with Minnesota
Statutes, section 31.101, subdivision 8. must:
A. contain only components that are listed as one of the following:
(1) generally recognized as safe for use in food as specified in Code of
199.18
199.19
Federal Regulations, title 21, part 182 or 184;P1
(2) generally recognized as safe for the intended use as specified in Code of
199.20
199.21
Federal Regulations, title 21, part 186;P1
(3) generally recognized as safe for the intended use as determined by
199.22
199.23
experts qualified in scientific training and experience to evaluate the safety of substances
199.24
added directly or indirectly to food as described in Code of Federal Regulations, title
199.25
21, part 170, subpart B, section 170.30;P1
4626.1635
199
05/11/17
REVISOR
component of a drying agent as described in United States Code, title 21, section 348(h);P1
(5) approved for use as a drying agent under a prior sanction as described
200.3
200.4
in United States Code, title 21, section 321(s)(4);P1
(6) specifically regulated as an indirect food additive for use as a drying
200.5
200.6
RD4071
(4) subject of an effective Food Contact Notification (FCN) for use as a
200.1
200.2
SGS/IL
agent as specified in Code of Federal Regulations, title 21, parts 174 to 178;P1 or
(7) approved for use as a drying agent under the threshold of regulation
200.7
200.8
process established by Code of Federal Regulations, title 21, part 170, subpart B, section
200.9
170.39;P1 and
200.10
B. when sanitization is with chemicals, the approval required under item A,
200.11
subitem (5) or (7), or the regulation as an indirect food additive as required under item A,
200.12
subitem (6), must be specifically for use with chemical sanitizing solutions.P1
200.13
4626.1640 7-205.11 LUBRICANTS; INCIDENTAL FOOD CONTACT
FOOD-CONTACT; CRITERIA.* 7-205.11
200.14
200.15
Lubricants shall must meet the requirements specified in Code of Federal Regulations,
200.16
title 21, part 178, subpart D, section 178.3570, if they are used on food-contact surfaces,
200.17
on bearings and gears located on or within food-contact surfaces, or on bearings and
200.18
gears that are located so that lubricants may leak, drip, or be forced into food or onto
200.19
food-contact surfaces.P1
200.20
4626.1645 7-206.11 RESTRICTED USE PESTICIDES; CRITERIA.* 7-206.11
200.21
Restricted use pesticides specified in part 4626.1610, item C, shall must meet the
200.22
requirements specified in Code of Federal Regulations, title 40, part 152, subpart A,
200.23
section 152.1.P1
200.24
4626.1650 7-206.12 RODENT BAIT STATIONS.* 7-206.12
200.25
Rodent bait shall must be contained in a covered, tamper-resistant bait station.P1
4626.1650
200
05/11/17
201.1
201.2
201.3
201.4
201.5
REVISOR
SGS/IL
RD4071
4626.1655 7-206.13 TRACKING POWDERS; PEST CONTROL AND
MONITORING.* 7-206.13
A. Except as specified in item B, a tracking powder pesticide shall must not be
used in a food establishment.P1
B. If used, a nontoxic tracking powder such as talcum, or flour, or another
201.6
nontoxic tracking powder shall must not contaminate food, equipment, utensils, linens,
201.7
and single-service and single-use articles.
201.8
4626.1660 7-207.11 EMPLOYEE MEDICINES; RESTRICTION AND STORAGE.*
7-207.11
201.9
N
201.10
A. Only those medicines that are necessary for the health of employees shall
201.11
may be allowed in a food establishment. This part does not apply to medicines that are
201.12
stored or displayed for retail sale.P2
201.13
B. Medicine that requires refrigeration or storage and belongs to employees,
201.14
individuals in a day care setting, or residents of a board and lodging facility shall be
201.15
labeled as specified in is in a food establishment for an employee's use must be labeled as
201.16
specified in part 4626.1590 and located to prevent the contamination of food, equipment,
201.17
utensils, linens, and single-service and single-use articles.P1
201.18
4626.1665 7-207.12 REFRIGERATED MEDICINES; STORAGE.* 7-207.12
201.19
201.20
201.21
201.22
201.23
201.24
201.25
Medicines belonging to employees or children in a day care center that require
refrigeration and are stored in a food refrigerator shall must be:
A. stored in a package or container and kept inside a covered, leakproof
container that is identified as a container for the storage of medicines;P1 and
B. located so they are inaccessible to children.P1
4626.1670 7-208.11 FIRST AID STORAGE.* 7-208.11
First aid supplies that are in a food establishment for employee use shall must be:
4626.1670
201
05/11/17
REVISOR
SGS/IL
RD4071
202.1
A. labeled as specified in part 4626.1590;P2 and
202.2
B. stored in a kit or container that is located to prevent the contamination of
202.3
food, equipment, utensils, linens, and single-service and single-use articles.P1
202.4
4626.1675 7-209.11 PERSONAL CARE ITEMS; STORAGE. 7-209.11
202.5
Except as specified in parts 4626.1665 and 4626.1670, employees shall store personal
202.6
care items in facilities as specified in part 4626.1560, item B.
202.7
4626.1680 7-301.11 POISONOUS OR TOXIC MATERIALS; SEPARATION.*
7-301.11
202.8
202.9
Poisonous or toxic materials shall must be stored and displayed for retail sale so they
202.10
cannot contaminate food, equipment, utensils, linens, and single-service and single-use
202.11
articles by:
202.12
A. separating the poisonous or toxic materials by spacing or partitioning;P1 and
202.13
B. locating the poisonous or toxic materials in an area that is not above food,
202.14
equipment, utensils, linens, and single-service or single-use articles.P1
202.15
4626.1685 8-101.10 PUBLIC HEALTH PROTECTION. 8-101.10
202.16
A. The regulatory authority shall apply the Code to promote its underlying
202.17
purposes of safeguarding public health and ensuring that food is not adulterated,
202.18
misbranded, or falsely advertised when offered to the consumer.
202.19
B. In enforcing the this Code, the regulatory authority shall assess existing
202.20
facilities or equipment that were in use before September 8, 1998, based on the following
202.21
considerations:
202.22
202.23
202.24
202.25
A. (1) whether the facilities or equipment are in good repair and capable of
being maintained in a sanitary condition;
B. (2) whether food-contact surfaces comply with parts 4626.0450 to
4626.0495 and 4626.0506, item A; and
4626.1685
202
05/11/17
203.1
203.2
203.3
REVISOR
SGS/IL
RD4071
C. (3) whether the capacities of cooling, heating, and holding equipment are
sufficient to comply with part 4626.0675.; and
D. the existence of a documented agreement with the licensee that the facilities
203.4
or equipment will be replaced as specified in the documented agreement.
203.5
4626.1690 8-103.10 VARIANCE REQUEST; PROCEDURES.* 8-103.11
203.6
Pursuant to Minnesota Statutes, section 14.05, subdivision 4, A party person may ask
203.7
the regulatory authority to grant a variance from the provisions of the this Code according
203.8
to parts 4626.1690 to 4626.1715.
203.9
A. A variance shall must not be requested nor shall one be granted from:
203.10
(1) part 4626.0020, subpart 35;
203.11
(2) parts 4626.0040 to 4626.0060 4626.0040 to 4626.0120;
203.12
(3) parts 4626.0065 to 4626.0100;
203.13
(4) parts 4626.0105 to 4626.0120;
203.14
(5) (3) part 4626.1565; and
203.15
(6) (4) parts 4626.1590 and 4626.1595; and to 4626.1675.
203.16
(7) parts 4626.1600 to 4626.1675.
203.17
B. The applicant for a variance shall be the party person to whom the rule applies.
203.18
C. The party person requesting the variance shall submit the request in writing
203.19
to the regulatory authority with the appropriate fee, if required. If a variance is granted,
203.20
the person shall retain the information and variance in the person's files. A request shall
203.21
must contain:
(1) the specified language in the rule or rules from which the variance
203.22
203.23
is requested;P2
(2) the reasons why the rule cannot be met;P2
203.24
4626.1690
203
05/11/17
REVISOR
RD4071
(3) the alternative measures that will be taken to ensure a comparable
204.1
204.2
SGS/IL
degree of protection to health or the environment if a variance is granted;P2
204.3
(4) the length of time for which the variance is requested;P2
204.4
(5) a statement that the party person applying for the variance will comply
204.5
with the terms of the variance, if granted;P2 and
(6) other relevant information the regulatory authority determines
204.6
204.7
necessary to properly evaluate the request for the variance.;P2 and
(7) a HACCP plan, if required under part 4626.1730, that includes the
204.8
204.9
information in part 4626.1735 that is relevant to the variance requested.P2
204.10
4626.1695 VARIANCE REQUEST; CRITERIA FOR DECISION.*
204.11
The regulatory authority may shall grant a variance if:
[For text of items A to F, see M.R.]
204.12
204.13
204.14
4626.1700 8-103.12 VARIANCE CONDITIONS; HACCP; NOTIFICATION OF
DECISION.* 8-103.12
[For text of item A, see M.R.]
204.15
204.16
B. If a HACCP plan is required to verify that the variance provides protection
204.17
to the public health, safety, and environment that is equivalent to or superior to those
204.18
prescribed in rule or law, the licensee shall:
(1) comply with the HACCP plan and procedures submitted and approved
204.19
204.20
as the basis for the variance;P1 and
(2) maintain and provide to the regulatory authority, on request, the records
204.21
204.22
specified in part 4626.1735, item A D, and item E, subitems subitem (3) and (4), that
204.23
demonstrate that the following are routinely employed:
(a) procedures for monitoring critical control points;P2
204.24
4626.1700
204
05/11/17
REVISOR
SGS/IL
RD4071
205.1
(b) monitoring of the critical control points;P2
205.2
(c) verification of the effectiveness of an operation or process;P2 and
205.3
(d) necessary corrective actions if there is failure at a critical control
205.4
205.5
205.6
point.P2
C. The regulatory authority shall notify the party person in writing of the
regulatory authority's decision to grant or deny the variance.
(1) If a variance is granted, the notification shall must specify the period
205.7
205.8
of time for which the variance shall must be effective and the alternative measures or
205.9
conditions, if any, the applicant shall meet.
[For text of subitem (2), see M.R.]
205.10
205.11
205.12
205.13
D. Variances granted are not transferable.
4626.1705 8-103.13 VARIANCES; EFFECT OF ALTERNATIVE MEASURES
OR CONDITIONS. 8-103.13
[For text of item A, see M.R.]
205.14
205.15
B. If a party person violates alternative measures or conditions attached to a
205.16
variance, the party person is subject to the enforcement actions and penalties provided
205.17
in law or rule.
205.18
C. A party person to whom a variance has been issued shall notify the regulatory
205.19
authority in writing within 30 days of a material change in the conditions upon which the
205.20
variance was granted.P2
205.21
4626.1710 RENEWAL OF VARIANCE.*
205.22
205.23
A. A request for the renewal of a variance shall must be submitted to the
regulatory authority in writing 30 days before its expiration date.
4626.1710
205
05/11/17
SGS/IL
RD4071
B. Renewal requests shall must contain the information specified in part
206.1
206.2
REVISOR
4626.1690.
C. The regulatory authority shall renew a variance if the party person continues
206.3
206.4
to satisfy the criteria specified in part 4626.1695 and demonstrates compliance with the
206.5
alternative measures or conditions imposed at the time the original variance was approved.
206.6
[For text of item D, see M.R.]
206.7
206.8
4626.1715 VARIANCE DENIAL, REVOCATION, OR REFUSAL TO RENEW;
APPEALS.
[For text of item A, see M.R.]
206.9
206.10
B. A party person may appeal the denial, revocation, or refusal to renew a
206.11
variance by requesting, in writing, a contested case hearing under the Administrative
206.12
Procedures Procedure Act, Minnesota Statutes, chapter 14, within 30 days of receipt of the
206.13
notice of denial, revocation, or refusal to renew the variance.
206.14
4626.1720 8-201.11 REVIEW OF PLANS; REVIEW REQUIRED. 8-201.11
A. A license applicant or licensee shall submit or cause to be submitted and
206.15
206.16
receive approval of properly prepared plans and specifications and the required plan
206.17
review application and plan review fee, to the regulatory authority for plan review and
206.18
approval before beginning:
206.19
(1) the construction of a food establishment;P2
206.20
(2) the conversion of an existing structure for use as a food establishment;P2
206.21
or
(3) the extensive remodeling of a food establishment or a change of type of
206.22
206.23
food establishment or food operation if the regulatory authority determines that plans and
206.24
specifications are necessary to ensure compliance with the this Code.P2
4626.1720
206
05/11/17
REVISOR
SGS/IL
RD4071
207.1
B. Plans, specifications, an application form, and the fee specified in part
207.2
1547.0110, subpart 2, and Minnesota Statutes, chapter 31 28A or 157, shall must be
207.3
submitted to the regulatory authority at least 30 days before beginning construction,
207.4
extensive remodeling, or conversion of a food establishment.P2
[For text of item C, see M.R.]
207.5
207.6
D. The regulatory authority shall approve the completed plans and specifications
207.7
if they meet the requirements of the this Code, and the regulatory authority shall report
207.8
its findings to the license applicant or licensee within 30 days of the date the completed
207.9
plans are received.
207.10
207.11
207.12
E. Plans and specifications that are not approved as submitted shall must be
changed to comply or be deleted from the project.P2
F. A license applicant, licensee, or a person who is subject to licensure under
207.13
Minnesota Statutes, chapter 28A or 157, that starts work on construction, extensive
207.14
remodeling, or conversion of a food establishment before plan approval, shall stop work
207.15
on the project when the regulatory authority determines that the work is likely to lead to
207.16
noncompliance with this Code and the regulatory authority orders work to stop. The work
207.17
must not resume until plans have been submitted according to items A and B, and have
207.18
been approved by the regulatory authority.P2
207.19
4626.1725 8-201.12 CONTENTS OF PLANS AND SPECIFICATIONS. 8-201.12
207.20
A. The plans and specifications for a food establishment shall must include:
207.21
A. (1) the intended menu;
207.22
B. (2) a description of the project including the anticipated volume of food to
207.23
be stored, prepared, and sold, or served;
4626.1725
207
05/11/17
208.1
REVISOR
SGS/IL
RD4071
C. (3) 1 complete set of plans drawn to scale, including the proposed layout,
208.2
mechanical schematics, construction materials, and finish schedules for items such as
208.3
floors, base coves, walls, and ceilings;
208.4
208.5
D. (4) the proposed equipment types, manufacturers, model numbers, locations
on the layout, dimensions, performance capacities, and installation specifications;
(5) a complete set of elevations and drawings for all custom fabricated
208.6
208.7
equipment;
(6) a functional flow plan indicating how food will be handled; and
208.8
208.9
E. HACCP plan as specified in part 4626.1730, if required;
208.10
F. counters and cabinetry shop drawings, indicating cabinet construction, and
208.11
208.12
208.13
208.14
208.15
208.16
208.17
208.18
countertop finish;
G. unique well number and individual sewage treatment system certificate of
compliance for individual sewage disposal systems;
H. a copy of the zoning approval or building permit from the local unit of
government; and
I. (7) other information that may be required by the regulatory authority for the
proper review of the proposed construction, conversion, or modification.
B. Used equipment shall be equivalent to the standards specified in parts
208.19
4626.0450 to 4626.0975 and approved by the regulatory authority before use.
208.20
4626.1730 8-201.13 WHEN A HACCP PLAN IS REQUIRED. 8-201.13
208.21
208.22
Subpart 1. Types of activities that require a HACCP plan. The following activities
require a license applicant or licensee to prepare a HACCP plan:
208.23
A. cooking raw animal foods under part 4626.0340, item C, subitem (2);
208.24
B. specialized processing under part 4626.0415;
4626.1730
208
05/11/17
209.3
209.4
209.5
209.6
209.7
SGS/IL
RD4071
C. operating and maintaining molluscan shellfish tanks under part 4626.0610,
209.1
209.2
REVISOR
item B;
D. removing tags or labels from shellstock under part 4626.0220, item B,
subitem (2); and
E. reduced oxygen packaging under part 4626.0420.
Subp. 2. Timing of HACCP plan requirements.
A. As of January 26, 2000, food establishments engaged in activities requiring a
209.8
HACCP plan under subpart 1 must have a HACCP plan available on-site for review
209.9
and verification by the regulatory authority.
209.10
B. For new food establishments or those extensively remodeled after July 1,
209.11
1999, a HACCP plan shall be submitted to the regulatory authority before the start of
209.12
operation for approval in conjunction with the plan review required in part 4626.1720.
209.13
209.14
209.15
209.16
Subp. 3. Compliance with HACCP plan. A licensee shall:
A. comply with a properly prepared and approved, if applicable under subpart
2, item B, HACCP plan; and
B. maintain and provide to the regulatory authority, on request, the records
209.17
specified in part 4626.1735, item A, subitems (3) and (4), that demonstrate that the
209.18
following are routinely employed:
209.19
(1) procedures for monitoring critical control points;
209.20
(2) monitoring of the critical control points;
209.21
(3) verification of the effectiveness of an operation or process; and
209.22
(4) necessary corrective actions if there is failure at a critical control point.
4626.1730
209
05/11/17
210.1
REVISOR
SGS/IL
RD4071
A. Before engaging in an activity that requires a HACCP plan, a license applicant
210.2
or licensee shall submit to the regulatory authority for approval a properly prepared
210.3
HACCP plan as specified in part 4626.1735 and the relevant provisions of this Code if:
(1) a variance is required as specified in part 4626.0340, item D, subitem
210.4
210.5
(4); 4626.0415; or 4626.0610, item B; or
(2) the regulatory authority determines that a food preparation or processing
210.6
210.7
method requires a variance based on a plan submittal specified in part 4626.1725, an
210.8
inspection finding, or a variance request.
210.9
B. Before engaging in reduced oxygen packaging without a variance as
210.10
specified in part 4626.0420, a license applicant or licensee shall submit a properly
210.11
prepared HACCP plan to the regulatory authority.
210.12
4626.1735 8-201.14 CONTENTS OF HACCP PLAN. (See also part 4626.0420)
8-201.14
210.13
210.14
For a food establishment that is required under part 4626.1730 to have a HACCP
210.15
plan, the licensee shall submit to the regulatory authority a properly prepared HACCP
210.16
plan that includes:
210.17
210.18
A. For a food establishment that is required in part 4626.1730, subpart 1, items
A to D, to have a HACCP plan, the plan and specifications shall include:
(1) a categorization of the types of potentially hazardous foods that are
210.19
210.20
specified in the menu, including soups and sauces, salads, meat roasts or other bulk, solid
210.21
foods, or other foods that are specified by the regulatory authority;
(2) a flow diagram by specific food or category type identifying critical
210.22
210.23
control points and providing information on the following:
(a) ingredients, materials, and equipment used in the preparation
210.24
210.25
of a food; and
4626.1735
210
05/11/17
REVISOR
control measures that address the food safety concerns involved;
(3) a statement of standard operating procedures for the plan under
211.3
211.4
RD4071
(b) formulations or recipes that delineate methods and procedural
211.1
211.2
SGS/IL
consideration including clearly identifying:
211.5
(a) each critical control point;
211.6
(b) the critical limits for each critical control point;
211.7
(c) the method and frequency for monitoring and controlling each
211.8
critical control point by the food employee designated by the person in charge;
(d) the method and frequency for the person in charge to routinely
211.9
211.10
verify that the food employee is following standard operating procedures and monitoring
211.11
critical control points;
(e) action to be taken by the person in charge if the critical limits for
211.12
211.13
each critical control point are not met; and
(f) records to be maintained by the person in charge to demonstrate
211.14
211.15
that the HACCP plan is properly operated and managed; and
(4) additional scientific data or other information, as required by the
211.16
211.17
regulatory authority, supporting the determination that food safety is not compromised by
211.18
the proposal.
211.19
B. For a food establishment that is required in part 4626.1730, subpart 1, item
211.20
E, to have a HACCP plan, the plan must be prepared as specified under part 4626.0420.
211.21
A. general information such as the name of the license applicant or licensee,
211.22
211.23
211.24
the food establishment address, and contact information;
B. a categorization of the types of TCS foods that are to be controlled under
the HACCP plan;P2
4626.1735
211
05/11/17
212.1
REVISOR
SGS/IL
RD4071
C. a flow diagram or chart for each specific food or category type that identifies:
212.2
(1) each step in the process;P2
212.3
(2) the hazards and controls for each step in the flow diagram or chart;P2
212.4
(3) the steps that are critical control points;P2
212.5
(4) the ingredients, materials, and equipment used in the preparation of
212.6
that food;P2 and
(5) formulations or recipes that delineate methods and procedural control
212.7
212.8
212.9
212.10
measures that address the food safety concerns involved;P2
D. a critical control points summary for each specific food or category type
that clearly identifies:
212.11
(1) each critical control point;P2
212.12
(2) the critical limits for each critical control point;P2
212.13
(3) the method and frequency for monitoring and controlling each critical
212.14
control point by the designated food employee or the person in charge;P2
(4) the method and frequency for the person in charge to routinely verify
212.15
212.16
that the food employee is following standard operating procedures and monitoring critical
212.17
control points;P2
(5) action to be taken by the designated food employee or person in charge
212.18
212.19
if the critical limits for each critical control point are not met;P2 and
(6) records to be maintained by the person in charge to demonstrate that the
212.20
212.21
212.22
HACCP plan is properly operated and managed;P2
E. supporting documents such as:
(1) food employee and supervisory training plan that addresses the food
212.23
212.24
safety issues of concern;P2
4626.1735
212
05/11/17
REVISOR
RD4071
(2) copies of blank records forms that are necessary to implement the
213.1
213.2
SGS/IL
HACCP plan;P2 and
(3) additional scientific data or other information, as required by the
213.3
213.4
regulatory authority, supporting the determination that food safety is not compromised by
213.5
the proposal;P2 and
213.6
213.7
213.8
F. any other information required by the regulatory authority.
4626.1740 8-202.10 TRADE SECRETS. 8-202.10
The regulatory authority shall treat as confidential, in accordance with Minnesota
213.9
Statutes, section 31.02, clause (l) 13.02, information that meets the criteria in Minnesota
213.10
Statutes, chapter 325C, for a trade secret and is contained in the plans and specifications
213.11
submitted as specified in parts 4626.1725 and 4626.1735.
213.12
4626.1745 8-203.10 PREOPERATIONAL INSPECTIONS. 8-203.10
213.13
The regulatory authority shall conduct one or more preoperational inspections to
213.14
verify that the food establishment is constructed and equipped according to the approved
213.15
plans and approved modifications of the plans and is in compliance with the Code and
213.16
other applicable law those plans.
213.17
4626.1750 NOTICE OF OPENING.
213.18
The food establishment licensee shall provide notice of opening to the regulatory
213.19
authority at least 14 calendar days before the opening date.
213.20
4626.1755 8-301.11 PREREQUISITE FOR OPERATION LICENSE REQUIRED.
8-301.11
213.21
213.22
213.23
213.24
213.25
A. A person shall not operate a food establishment without a valid license to
operate issued by the regulatory authority.P2
B. The license must be posted in a location in the food establishment that is
conspicuous to consumers.
4626.1755
213
05/11/17
214.1
214.2
214.3
REVISOR
RD4071
C. A license must not be transferred from one person to another person, from
one food establishment to another, or from one type of operation to another.P2
D. A void license must be surrendered to the regulatory authority immediately
214.4
by anyone in possession of it.
214.5
4626.1760 8-302.11 LICENSE APPLICATION. 8-302.11
214.6
SGS/IL
An applicant shall submit an a written application for a license for a food
214.7
establishment on a form provided by the regulatory authority according to Minnesota
214.8
Statutes, chapter 28A or 157.
214.9
4626.1770 8-302.13 QUALIFICATIONS AND RESPONSIBILITIES OF
APPLICANTS. 8-302.13
214.10
214.11
To qualify for a license, an applicant shall:
214.12
A. be an owner of the food establishment or an officer of the legal ownership;
214.13
B. comply with the requirements of the this Code; and
214.14
C. agree to allow access to the food establishment and provide information as
214.15
214.16
214.17
214.18
214.19
required under Minnesota Statutes, section 157.20, subdivision 1; and
C. D. pay the applicable license fees at the time the application is submitted.
4626.1777 DENIAL OF APPLICATION FOR LICENSE; NOTICE. 8-303.30
If an application for a license to operate is denied, the regulatory authority shall
provide the applicant with a notice that includes:
214.20
A. the specific reasons and Code citations for the license denial;
214.21
B. the actions, if any, that the applicant shall take to qualify for a license; and
214.22
C. advising the applicant of the applicant's right to appeal and the appeal
214.23
process and time frames that are provided by law.
4626.1777
214
05/11/17
215.1
215.2
SGS/IL
The regulatory authority shall inspect a food establishment according to:
A. Minnesota Statutes, chapters 28A, 30, 31, and 31A 34A, for food
establishments regulated by the Department of Agriculture;
[For text of item B, see M.R.]
215.5
C. rules adopted under Minnesota Statutes, chapters 28A, 30, 31, 31A, 34A,
215.6
215.7
and 157.
215.8
4626.1787 PERFORMANCE AND RISK-BASED INSPECTIONS. 8-401.20
215.9
215.10
215.11
215.12
RD4071
4626.1785 8-401.10 INSPECTION. 8-401.10
215.3
215.4
REVISOR
Within the parameters in part 4626.1785, the regulatory authority shall prioritize and
conduct more frequent inspections based upon:
A. the hazards associated with the particular foods that are prepared, stored,
or served;
215.13
B. a history of noncompliance with priority 1 or priority 2 items of this Code; or
215.14
C. a history of noncompliance with HACCP plan requirements.
215.15
215.16
215.17
4626.1790 8-402.11 ALLOWED AT REASONABLE TIMES AFTER DUE
NOTICE. 8-402.11
After the regulatory authority presents official credentials and provides notice of
215.18
the purpose of and an intent to conduct an inspection, the person in charge of the food
215.19
establishment shall allow the regulatory authority to determine if the food establishment
215.20
is in compliance with the Code by allowing access to the food establishment, allowing
215.21
inspection, and providing information and the records specified in the Code and to which
215.22
the regulatory authority is entitled according to law, during the food establishment's hours
215.23
of operation and other reasonable times.
215.24
4626.1791 DOCUMENTING INFORMATION AND OBSERVATIONS. 8-403.10
215.25
The regulatory authority shall document on an inspection report form:
4626.1791
215
05/11/17
216.1
REVISOR
SGS/IL
RD4071
A. administrative information about the food establishment's legal identity,
216.2
street and mailing addresses, type of establishment and operation, inspection date, and
216.3
other information such as type of water supply and sewage disposal, status of the license,
216.4
and personnel certificates that may be required; and
216.5
B. specific factual observations of violations or other deviations of this Code,
216.6
including the specific code citation and a correct by or comply by date, that requires
216.7
correction by the license holder.
216.8
4626.1792 ISSUING A REPORT. 8-403.30
216.9
The regulatory authority shall provide a copy of the completed inspection report and
216.10
the notice to correct violations to the licensee or to the person in charge.
216.11
4626.1795 8-404.11 CEASING OPERATIONS AND EMERGENCY REPORTING.
8-404.11
216.12
216.13
A licensee shall notify the regulatory authority immediately if an imminent health
216.14
hazard may exist because of a fire, flood, extended interruption of electrical or water service,
216.15
sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne
216.16
illness outbreak, or other emergency circumstance that may endanger public health.
216.17
A. Except as specified in item B, a licensee shall immediately discontinue
216.18
operations and notify the regulatory authority if an imminent health hazard may exist
216.19
because of an emergency such as a fire, flood, extended interruption of electrical or water
216.20
service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent
216.21
foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance
216.22
that may endanger public health.
216.23
216.24
B. A licensee need not discontinue operations in an area of an establishment
that is unaffected by the imminent health hazard.
4626.1795
216
05/11/17
217.1
217.2
REVISOR
SGS/IL
RD4071
4626.1797 RESUMPTION OF OPERATIONS. 8-404.12
If operations are discontinued as specified in part 4626.1795, or otherwise according
217.3
to law, the licensee shall obtain approval from the regulatory authority before resuming
217.4
operations.
217.5
4626.1800 FOOD SAMPLES.
217.6
The regulatory authority may collect, without cost, and examine samples of food as
217.7
often as necessary for enforcement of the this Code.
217.8
4626.1805 EMBARGO.
[For text of item A, see M.R.]
217.9
217.10
217.11
217.12
B. Equipment and utensils that do not meet the requirements of the this Code
may be embargoed.
C. The regulatory authority may release equipment and utensils from an
217.13
embargo when the licensee notifies the regulatory authority that the equipment or utensils
217.14
have been modified to meet the requirements of the this Code and after inspection of the
217.15
equipment and utensils by the regulatory authority.
217.16
4626.1810 CONDEMNATION.
217.17
The regulatory authority may condemn and cause to be removed any food, equipment,
217.18
clothing, or utensils found in a food establishment, the use of which does not comply with
217.19
the this Code or that is being used in violation of the this Code, and may also condemn
217.20
and cause to be removed any equipment, clothing, or utensils that because of dirt, filth,
217.21
extraneous matter, insects, corrosion, open seams, or chipped or cracked surfaces are
217.22
unfit for use.
4626.1810
217
05/11/17
218.1
REVISOR
SGS/IL
RD4071
4626.1820 MINNESOTA CLEAN INDOOR AIR ACT.
218.2
A food establishment shall must meet the requirements of the Minnesota Clean
218.3
Indoor Air Act, Minnesota Statutes, sections 144.411 to 144.417, and rules adopted under
218.4
those sections.
218.5
TERM CHANGES. The revisor shall make any necessary cross-reference changes to
218.6
Minnesota Rules and Minnesota Statutes as a result of the repealed sections in this rule.
218.7
The revisor shall make necessary grammatical changes and changes to sentence structure
218.8
as a result of the cross-reference changes.
218.9
REPEALER. Minnesota Rules, parts 4626.0020, subparts 9, 11a, 12, 14, 17, 20, 27, 28,
218.10
39, 49, 52a, 62, 72, 78a, 86, 87, 88, 95, 96, 97, and 98; 4626.0055; 4626.0060; 4626.0180;
218.11
4626.0185; 4626.0205; 4626.0365; 4626.0410; 4626.0480; 4626.0485; 4626.0720;
218.12
4626.0890; 4626.0895; 4626.1025; 4626.1045; 4626.1055; 4626.1060; 4626.1090;
218.13
4626.1100; 4626.1105; 4626.1130; 4626.1170; 4626.1185; 4626.1435; 4626.1450;
218.14
4626.1460; 4626.1485; 4626.1490; 4626.1510; 4626.1765; 4626.1775; 4626.1780;
218.15
4626.1825; 4626.1830; 4626.1835; 4626.1840; 4626.1845; 4626.1850; 4626.1855;
218.16
4626.1860; 4626.1865; 4626.1870; 4626.2000; 4626.2005; 4626.2010; 4626.2015,
218.17
subparts 1, 2, 3, 4, 5, 6, 7, and 8; 4626.2020; and 4626.2025, are repealed.
4626.1820
218