The 1999 Missouri Food Code

Comment: The Federal Drug Administration's 1999 Food Code was adopted by reference as 20 CSR 1.025. This version is the complete code, minus the exceptions. This is the full text of the new rule.

Table of Contents

Chapter 1: Purpose and Definitions

1-1   Title, Intent, Scope

Title
Intent
Scope

1-2   Definitions

Applicability and Terms Defined

Chapter 2: Management and Personnel

2-1   Supervision

Responsibility
Knowledge
Duties

2-2   Employee Health

Disease or Medical Condition

2-3   Personal Cleanliness

Hands and Arms
Fingernails
Jewelry
Outer Clothing

2-4   Hygienic Practices

Food Contamination Prevention
Hair Restraints
Animals

Chapter 3: Food

3-1   Characteristics

Condition

3-2   Sources, Specifications, and Original Containers and Records

Sources
Specifications for Receiving
Original Containers and Records

3-3   Protection From Contamination After Receiving

Preventing Contamination By Employees
Preventing Food and Ingredient Contamination
Preventing Contamination From Ice Used As a Coolant
Preventing Contamination From Equipment, Utensils, and Linens
Preventing Contamination From the Premises
Preventing Contamination By Consumers
Preventing Contamination From Other Sources

3-4   Destruction Of Organisms Of Public Health Concern

Cooking
Freezing
Reheating

3-5   Limitation Of Growth Of Organisms Of Public Health Concern

Temperature and Time Control
Specialized Processing Methods
Clostridium Botulinum Controls

3-6   Food Identity, Presentation, and On-Premises Labeling

Accurate Representation
Labeling
Consumer Advisory

3-7   Contaminated Food

Disposition

3-8   Special Requirements For Highly Susceptible Populations

Additional Safeguards

Chapter 4: Equipment, Utensils, and Linens

4-1   Materials For Construction and Repair

Multiuse
Single-Service and Single-Use

4-2   Design and Construction

Durability and Strength
Cleanability
Accuracy
Functionality
Acceptability

4-3   Numbers and Practices

Equipment
Utensils, Temperature Measuring Devices, and Testing Devices

4-4   Location and Installation

Location
Installation

4-5   Maintenance and Operation

Equipment
Utensils and Temperature and Pressure Measuring Devices

4-6   Cleaning Of Equipment and Utensils

Objective
Frequency
Methods

4-7   Sanitization Of Equipment and Utensils

Objective
Frequency
Methods

4-8   Laundering

Objective
Frequency
Methods

4-9   Protection Of Clean Items

Drying
Lubricating and Reassembling
Storing
Handling

Chapter 5: Water, Plumbing and Waste

5-1   Water

Source
Quality
Quantity and Availability
Distribution Delivery, and Retention

5-2   Plumbing system

Materials
Design, Construction, and Installation
Numbers and Capacities
Location and Placement
Operation and Maintenance

5-3   Mobile Water Tank and Mobile Food Establishment Water Tank

Materials
Design and Construction
Numbers and Capacities
Operation and Maintenance

5-4   Sewage, Other Liquid Waste, and Rainwater

Mobile Holding Tank
Retention, Drainage, and Delivery: Design, Construction and Installation
Retention, Drainage, and Delivery: Location and Placement
Retention, Drainage, and Delivery: Operation and Maintenance
Disposal Facility: Design and Construction

5-5   Refuse, Recyclables, and Returnables

Facilities On The Premises: Materials, Design, Construction, and Installation
Facilities On the Premises: Numbers and Capacities
Facilities On The Premises: Location and Placement
Facilities On The Premises: Operation and Maintenance
Removal
Facilities For Disposal and Recycling

Chapter 6: Physical Facilities

6-1   Materials For Construction and Repair

Indoor Areas
Outdoor Areas

6-2   Design, Construction, and Installation

Cleanability
Functionality

6-3   Numbers and Capacities

Handwashing Facilities
Toilets and Urinals
Lighting
Ventilation
Dressing Areas and Lockers
Service Sinks

6-4   Location and Placement

Handwashing Facilities
Toilet Rooms
Employee Accommodations
Distressed Merchandise
Refuse, Recyclables, and Returnables

6-5   Maintenance and Operation

Premises, Structures, Attachments, and Fixtures - Methods

Chapter 7: Poisonous or Toxic Materials

7-1   Labeling and Identification

Original Containers
Working Containers

7-2   Operational Supplies and Applications

Storage
Presence and Use
Container Prohibitions
Chemicals
Lubricants
Pesticides
Medicines
First Aid Supplies
Other Personal Care Items

7-3   Stock and Retail Sale

Storage and Display

Chapter 1: Purpose and Definitions

1-1    Title, Intent, Scope

Title

1-101.10  Food Code.

These provisions shall be known as the Food Code, hereinafter referred to as "this Code."

Intent 

1-102.10  Food Safety, Illness Prevention, and Honest Presentation.

The purpose of this Code is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.

Scope 

1-103.10  Statement.

This Code establishes definitions; sets standards for management and personnel, food operations, and equipment and facilities; and provides for food establishment plan review, permit issuance, inspection, employee restriction, and permit suspension.

1-2    Definitions

Applicability and Terms Defined 

1-201.10  Statement of Application and Listing of Terms.

(A) The following definitions apply in the interpretation and application of this Code.
(B) Terms Defined.  

 (1) Accredited program.
  (a) "Accredited program" means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals.
  (b) "Accredited program" refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor's mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, re-certification, discipline and grievance procedures; and test development and administration.
  (c) "Accredited program" does not refer to training functions or educational programs.

 (2) Additive.
  (a) "Food additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(s) and 21 CFR 170.
  (b) "Color additive" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(t) and 21 CFR 70.

 (3) "Adulterated" has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 402.

 (4) "Approved" means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.

 (5) "a_w" means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol a_w.
 (6) "Beverage" means a liquid for drinking, including water.

 (7) "Bottled drinking water" means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.

 (8) "Certification number" means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the National Shellfish Sanitation Program.

 (9) CIP.
  (a) "CIP" means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in part, to clean and sanitize a frozen dessert machine.
  (b) "CIP" does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system.

 (10) "CFR" means Code of Federal Regulations. Citations in this Code to the CFR refer sequentially to the Title, Part, and Section numbers, such as 21 CFR 178.1010 refers to Title 21, Part 178, Section 1010.

 (11) "Code of Federal Regulations" means the compilation of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government which:
  (a) Is published annually by the U.S. Government Printing Office; and
  (b) Contains FDA rules in 21 CFR, USDA rules in 7 CFR and 9 CFR, EPA rules in 40 CFR, and Wildlife and Fisheries rules in 50 CFR.

 (12) Comminuted.
  (a) "Comminuted" means reduced in size by methods including chopping, flaking, grinding, or mincing.
  (b) "Comminuted" includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of 2 or more types of meat that have been reduced in size and combined, such as sausages made from 2 or more meats.

 (13) "Confirmed disease outbreak" means a foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness.

 (14) "Consumer" means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale.

 (15) "Corrosion-resistant material" means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.

 (16) "Critical control point" means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.

 (17) Critical Item.
  (a) "Critical item" means a provision of this Code, that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or environmental health hazard.
  (b) "Critical item" is an item that is denoted in this Code with an asterisk *.

 (18) "Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.

 (19) Drinking Water.
  (a) "Drinking water" means water that meets 40 CFR 141 National Primary Drinking water Regulations.
  (b) "Drinking water" is traditionally known as "potable water."
  (c) "Drinking water" includes the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater," and "nondrinking" water.

 (20) "Dry storage area" means a room or area designated for the storage of packaged or containerized bulk food that is not potentially hazardous and dry goods such as single-service items.

 (21) Easily Cleanable.
  (a) "Easily cleanable" means a characteristic of a surface that:
   (i) Allows effective removal of soil by normal cleaning methods;
   (ii) Is dependent on the material, design, construction, and installation of the surface; and
   (iii) Varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use.
  (b) "Easily cleanable" includes a tiered application of the criteria that qualify the surface as easily cleanable as specified under Subparagraph (a) of this definition to different situations in which varying degrees of cleanability are required such as:
   (i) The appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining; or
   (ii) The need for a different degree of cleanability for an utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.

 (22) "Easily movable" means:
  (a) Portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and
  (b) Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.

 (23) "Employee" means the permit holder, person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement, or other person working in a food establishment.

 (24) "EPA" means the U.S. Environmental Protection Agency.

 (25) Equipment.
  (a) "Equipment" means an article that is used in the operation of a food establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or warewashing machine.
  (b) "Equipment" does not include items used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.

 (26) Fish.
  (a) "Fish" means fresh or saltwater finfish, crustaceans and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, if such animal life is intended for human consumption.
  (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.

 (27) "Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

 (28) "Foodborne disease outbreak" means the occurrence of two or more cases of a similar illness resulting from the ingestion of a common food.

 (29) "Food-contact surface" means:
  (a) A surface of equipment or a utensil with which food normally comes into contact; or
  (b) A surface of equipment or a utensil from which food may drain, drip, or splash:
   (i) Into a food, or
   (ii) Onto a surface normally in contact with food.

 (30) "Food employee" means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

 (31) Food establishment.
  (a) "Food establishment" means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption:
   (i) Such as a restaurant; satellite or central preparation facility; catered feeding location; catering operation if the operation provides food directly to a Consumer or to a conveyance used to transport people; market; vending (location) operation, if the operation provides potentially hazardous foods; conveyance used to transport people; institution; or food bank; and
   (ii) That relinquishes possession of food to a Consumer directly, or indirectly through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.
  (b) "Food establishment" includes:
   (i) An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority satellite catered feeding location, a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and
   (ii) An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food.
  (c) "Food establishment" does not include:
   (i) An establishment that offers only prepackaged foods that are not potentially hazardous;
   (ii) A produce stand that only offers whole, uncut fresh fruits and vegetables;
   (iii) A food processing plant;
   (iv) A kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale if allowed by law and if the Consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority;
   (v) An area where food that is prepared as specified in Subparagraph (c)(iv) of this definition is sold or offered for human consumption;
   (vi) A kitchen in a private home, such as a small family day-care provider; or a bed-and-breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 4, breakfast is the only meal offered, the number of guests served does not exceed 12, and the Consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the regulatory authority; or
   (vii) A private home that receives catered or home-delivered food.
   (viii) Where local codes allow, individual stands in which only foods meeting the followingconditions are sold, sampled or served: (AA) Non-potentially hazardous processedfoods, except low acid canned and acidified foods as specified in 21 CFR 113 and 114 respectively, including, but not limited to breads, cookies, fruit pies, jams, jellies, preserves, fruit butters, honey, sorghum, cracked nuts, packaged spices and spice mixes, dry cookie, cake, bread, and soup mixes; (BB) The seller is the individual actually producing the food or an immediate family member residing in the producer’s household with extensive knowledge about the food; (CC) The seller only sells, samples or serves the food directly to the end consumer; (DD) All processed packaged foods bear a label stating the name and address of the manufacturer/processor preparing the food, common name of the food, name of all the ingredients in the food and a statement that the product is prepared in a kitchen that is not subject to inspection by the Department of Health and Senior Services. It is recommended that honey manufacturers/processors include this additional statement to its label, “ Honey is not recommended for infants less than twelve (12) months of age.”; and (EE) The consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to inspection by the Department of Health and Senior Services if the foods specified in Subparagraph 1-201.10(B) (31)(c)(viii)(AA) are sold, sampled or served in unpackaged, individual portions. The Department of Health and Senior Services shall have the final authority in determining whether a food is non-potentially hazardous and may enjoin individuals who violate the provisions of this section from selling, sampling or serving these foods.

 (32) Food processing plant.
  (a) "Food processing plant" means a commercial operation that manufactures, packages, labels, or stores food for human consumption and does not provide food directly to a Consumer.
  (b) "Food processing plant" does not include a food establishment as defined under Subparagraph 1-201.10(B)(31).

 (33) Game animal.
  (a) "Game animal" means an animal, the products of which are food, that is not classified as cattle, sheep, swine, goat, horse, mule, or other equine in 9 CFR Subchapter A - Mandatory Meat Inspection, Part 301, as Poultry in 9 CF R Subchapter C - Mandatory Poultry Products Inspection, Part 381, or as fish as defined under Subparagraph 1-201.10(B)(26).
  (b) "Game animal" includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.
  (c) "Game animal" does not include ratites such as ostrich, emu, and rhea.

 (34) "General use pesticide" means a pesticide that is not classified by EPA for restricted use as specified in 40 CFR 152.175.

 (35) "Grade A standards" means the requirements of the United States Public Health Service/FDA "Grade A Pasteurized Milk Ordinance" and "Grade A Condensed and Dry Milk Ordinance" with which certain fluid and dry milk and milk products comply.

 (36) Group residence.
  (a) "Group residence" means a private or public housing corporation or institutional facility that provides living quarters and meals.
  (b) "Group residence" includes a domicile for unrelated persons such as a retirement home or a long-term health care facility.

 (37) "HACCP plan" means a written document that delineates the formal procedures for following the Hazard Analysis Critical control point principles developed by The National Advisory Committee on Microbiological Criteria for Foods.

 (38) "Hazard" means a biological, chemical, or physical property that may cause an unacceptable consumer health risk.

 (39) "Hermetically sealed container" means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.

 (40) "Highly susceptible population" means a group of persons who are more likely than other populations to experience foodborne disease because they are immunocompromised or older adults and in a facility that provides health care or assisted living services, such as a hospital or nursing home; or preschool age children in a facility that provides custodial care, such as a day care center.

 (41) "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on:
   (i) The number of potential injuries, and
   (ii) The nature, severity, and duration of the anticipated injury.

 (42) "Injected" means manipulating a meat so that infectious or toxigenic microorganisms may be introduced from its surface to its interior through tenderizing with deep penetration or injecting the meat such as by processes which may be referred to as "injecting," "pinning," or "stitch pumping."

 (43) "Juice", when used in the context of food safety, means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purées of the edible portions of one or more fruits or vegetables, or any concentrate of such liquid or purée. This definition does not apply to standards of identity.

 (44) "Kitchenware" means food preparation and storage utensils.

 (45) "Law" means applicable local, state, and federal statutes, regulations, and ordinances.

 (46) "Linens" means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.

 (47) "Meat" means the flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goats and other edible animals, except fish, poultry, and wild game animals as specified under Subparagraphs 3-201.17(A)( 3) and (4).  

 (48) "mg/L" means milligrams per liter, which is the metric equivalent of parts per million (ppm).

 (49) "Molluscan shellfish" means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.

 (50) Packaged.
  (a) "Packaged" means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant.
  (b) "Packaged" does not include a wrapper, carry-out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the Consumer.

 (52) "Operator" means the entity that is legally responsible for the operation of the FOOD ESTABLISHMENT such as the owner, the owner's agent, or other PERSON.

 (53) "Person" means an association, a corporation, individual, partnership, other legal entity, government, or governmental subdivision or agency.

 (54) "Person in charge" means the individual present at a food establishment who is responsible for the operation at the time of inspection.

 (55) Personal care items.
  (a) "Personal care items" means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person's health, hygiene, or appearance.
  (b) "Personal care items" include items such as medicines; first aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash.

 (56) "pH" means 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.
  Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral.

 (57) "Physical facilities" means the structure and interior surfaces of a food establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents .

 (58) "Plumbing fixture" means a receptacle or device that:
  (a) Is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or
  (b) Discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.

 (59) "Plumbing system" means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and water-treating equipment.

 (60) "Poisonous or toxic materials" means substances that are not intended for ingestion and are included in 4 categories:
  (a) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;
  (b) Pesticides, except sanitizers, which include substances such as insecticides and rodenticides;
  (c) Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items that may be deleterious to health; and
  (d) Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.

 (61) Potentially hazardous food.
  (a) "Potentially hazardous food" means a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting:
   (i) The rapid and progressive growth of infectious or toxigenic microorganisms;
   (ii) The growth and toxin production of Clostridium botulinum; or
   (iii) In raw shell eggs, the growth of Salmonella Enteritidis.
  (b) "Potentially hazardous food" includes an animal food (a food of animal origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth as specified under Subparagraph (a) of this definition.
  (c) "Potentially hazardous food" does not include:
   (i) An air-cooled hard-boiled egg with shell intact;
   (ii) A food with an a_w value of 0.85 or less;
   (iii) A food with a pH level of 4.6 or below when measured at 24^oC (75^oF);
   (iv) A food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution; and
   (v) A food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of S. Enteritidis in eggs or C. botulinum can not occur, such as a food that has an a_w and a pH that are above the levels specified under Subparagraphs (c)(ii) and (iii) of this definition and that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms.
   (vi) A food that does not support the growth of microorganisms as specified under Subparagraph (a) of this definition even though the food may contain an infectious or toxigenic microorganism or chemical or physical contaminant at a level sufficient to cause illness.

 (62) Poultry.
  (a) "Poultry" means:
   (i) Any domesticated bird (chickens, turkeys, ducks, geese, or guineas), whether live or dead, as defined in 9 CFR 381 Poultry Products Inspection Regulations; and
   (ii) Any migratory waterfowl, game bird, or squab such as pheasant, partridge, quail, grouse, or guineas, whether live or dead, as defined in 9 CFR 362 Voluntary Poultry Inspection Program.
  (b) "Poultry" does not include ratites.

 (63) "Premises" means:
  (a) The physical facility, its contents, and the contiguous land or property under the control of the permit holderoperator; or
  (b) The physical facility, its contents, and the land or property not described under Subparagraph (a) of this definition if its facilities and contents are under the control of the permit holderoperator and may impact food establishment personnel, facilities, or operations, and a food establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

 (64) "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.

 (65) "Public water system" has the meaning stated in 40 CFR 141 National Primary Drinking Water Regulations.

 (66) Ready-to-eat food.
  (a) "Ready-to-eat food" means food that is in a form that is edible without washing, cooking, or additional preparation by the food establishment or the Consumer and that is reasonably expected to be consumed in that form.
  (b) "Ready-to-eat food" includes:
   (i) Potentially hazardous food that is unpackaged and cooked to the temperature and time required for the specific food under Subpart 3-401;
   (ii) Raw, washed, cut fruits and vegetables;
   (iii) Whole, raw, fruits and vegetables that are presented for consumption without the need for further washing, such as at a buffet; and
   (iv) Other food presented for consumption for which further washing or cooking is not required and from which rinds, peels, husks, or shells are removed.

 (67) Reduced oxygen packaging.
  (a) "Reduced oxygen packaging" means:
   (1)The reduction of the amount of oxygen in a package by removing oxygen; displacing oxygen and replacing it with another gas or combination of gases; or otherwise controlling the oxygen content to a level below that normally found in the surrounding 21% oxygen atmosphere, and
   (2) A process as specified in Subparagraph (a)(1) of this definition that involves a food for which Clostridium botulinum is identified as a microbiological hazard in the final packaged form.
  (b) "Reduced oxygen packaging" includes:
    (i) Vacuum packaging, in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package, such as sous vide;
    (ii) Modified atmosphere packaging, in which the atmosphere of a package of food is modified so that its composition is different from air but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes: reduction in the proportion of oxygen, total replacement of oxygen, or an increase in the proportion of other gases such as carbon dioxide or nitrogen; and
    (iii) Controlled atmosphere packaging, in which the atmosphere of a package of food is modified so that until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained, such as by using oxygen scavengers or a combination of total replacement of oxygen, nonrespiring food, and impermeable packaging material.

 (68) "Refuse" means solid waste not carried by water through the sewage system.

 (69) "Regulatory authority" means the local, state, or federal enforcement body or authorized representative having jurisdiction over the food establishment.

 (70) "Restricted use pesticide" means a pesticide product that contains the active ingredients specified in 40 CFR 152.175 Pesticides classified for restricted use, and that is limited to use by or under the direct supervision of a certified applicator.

 (71) "Safe material" means:
  (a) An article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food;
  (b) An ADDITIVE that is used as specified in § 409 or 706 of the Federal Food, Drug, and Cosmetic Act; or
  (c) Other materials that are not ADDITIVEs and that are used in conformity with applicable regulations of the Food and Drug Administration.

 (72) "Sanitization" means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.

 (73) "Sealed" means free of cracks or other openings that allow the entry or passage of moisture.

 (74) "Service animal" means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.

 (75) "Servicing area" means an operating base location to which a mobile food establishment or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.

 (76) "Sewage" means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

 (77) "Shellfish control authority" means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce.

 (78) "Shellstock" means raw, in-shell molluscan shellfish.

 (79) "Shucked shellfish" means molluscan shellfish that have one or both shells removed.

 (80) "Single-service articles" means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use after which they are intended for discard.

 (81) Single-use articles.
  (a) "Single-use articles" means utensils and bulk food containers designed and constructed to be used once and discarded.
  (b) "Single-use articles" includes items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet the materials, durability, strength, and cleanability specifications under §§ 4-101.11, 4-201.11, and 4-202.11 for multiuse utensils.

 (82) "Slacking" means the process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of -23^oC (-10^oF) to -4^o C (25^oF) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously block-frozen food such as spinach.

 (83) "Smooth" means:
  (a) A food-contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of (100 grit) number 3 stainless steel;
  (b) A nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and
  (c) A floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean.

 (84) "Table-mounted equipment" means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.

 (85) "Tableware" means eating, drinking, and serving utensils for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and plates.

 (86) "Temperature measuring device" means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.

 (87) "Temporary food establishment" means a food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration.

 (88) "USDA" means the U.S. Department of Agriculture.

 (89) "Utensil" means a food-contact implement or container used in the storage preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single-use; gloves used in contact with food; food temperature measuring devices; and probe-type price or identification tags used in contact with food.

 (90) "Variance " means a written document issued by the regulatory authority that authorizes a modification or waiver of one or more requirements of this Code if, in the opinion of the regulatory authority, a health hazard or nuisance will not result from the modification or waiver.

 (91) "Vending machine" means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.

 (92) "Vending machine location" means the room, enclosure, space, or area where one or more vending machines are installed and operated and includes the storage areas and areas on the premises that are used to service and maintain the vending machines.

 (93) "Vending operation" means a commercial operation that stores, prepares, packages, serves, vends or otherwise preserves food products for and in vending machines and may consist of one or more vending locations.

 (94) "Warewashing" means the cleaning and sanitizing of utensils and food-contact surfaces of equipment.

 (9495) "Whole-muscle, intact beef" means whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut. 

Chapter 2: Management and Personnel

2-1    Supervision

Responsibility

2-101.11  Assignment.*

The operator shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of operation.

Knowledge

2-102.11  Demonstration.*

Based on the risks of foodborne illness inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the Hazard Analysis Critical control point principles, and the requirements of this Code. The person in charge shall demonstrate this knowledge by compliance with this Code, by being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program, or by responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include:

(A) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee;

(B) Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease;

(C) Describing the symptoms associated with the diseases that are transmissible through food;

(D) Explaining the significance of the relationship between maintaining the time and temperature of potentially hazardous food and the prevention of foodborne illness;

(E) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish.

(F) Stating the required food temperatures and times for safe cooking of potentially hazardous food including meat, poultry, eggs, and fish.

(G) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of potentially hazardous food;

(H) Describing the relationship between the prevention of foodborne illness and the management and control of the following:

 (1) Cross contamination,

 (2) Hand contact with ready-to-eat foods,

 (3) Handwashing, and

 (4) Maintaining the food establishment in a clean condition and in good repair;

(I) Explaining the relationship between food safety and providing equipment that is:

 (1) Sufficient in number and capacity, and

 (2) Properly designed, constructed, located, installed, operated, maintained, and cleaned;

(J) Explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment;

(K) Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections;

(L) Identifying poisonous or toxic materials in the food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to law;

(M) Identifying critical control points in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of this Code;

(N) Explaining the details of how the person in charge and food employees comply with the HACCP plan if a plan is required by the law, this Code, or an agreement between the regulatory authority and the establishment; and

(O) Explaining the responsibilities, rights, and authorities assigned by this Code to the:

 (1) Food employee,

 (2) Person in charge, and

 (3) Regulatory authority.

Duties

2-103.11  Person in Charge.

The person in charge shall ensure that:

(A) Food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under § 6-202.111;

(B) Persons unnecessary to the food establishment operation are not allowed in the food preparation, food storage, or warewashing areas, except that brief visits and tours may be authorized by the person in charge if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles are protected from contamination;

(C) Employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with this Code;

(D) Employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing;

(E) Employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt;

(F) Employees are properly cooking potentially hazardous food, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and Comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under § 4-203.11 and 4-502.11(B);

(G) Employees are using proper methods to rapidly cool potentially hazardous foods that are not held hot or are not for consumption within 4 hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling;

(H) Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed as specified under § 3-603.11 that the food is not cooked sufficiently to ensure its safety;

(I) Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing;

(J) Consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets as specified under § 3-304.16;

(K) Employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment; and

(L) Employees are properly trained in food safety as it relates to their assigned duties.

2-2    Employee Health

2-201.14  Responsibility of a Food employee or an Applicant to Report to the Person in Charge.*

A food employee or a person who applies for a job as a food employee shall:

 (A) In a manner specified under § 2-201.11, report to the person in charge the information specified under  2-201.11(A)-(D); and

 (B) Comply with exclusions and restrictions that are specified under 2-201.12(A)-(D).

2-201.15  Reporting by the Person in Charge.*

The person in charge shall notify the regulatory authority that a food employee is diagnosed with an illness due to, Salmonella Typhi, Shigella spp., Escherichia coli O157:H7, or hepatitis A virus.

2-3    Personal Cleanliness

Hands and Arms

2-301.11  Clean Condition.*

Food employees shall keep their hands and exposed portions of their arms clean.

2-301.12  Cleaning Procedure.*

 (A) Except as specified in (B) of this section, food employees shall clean their hands and exposed portions of their arms with a cleaning compound in a lavatory that is equipped as specified under 5-202.12 by vigorously rubbing together the surfaces of their lathered hands and arms for at least 20 seconds and thoroughly rinsing with clean water. Employees shall pay particular attention to the areas underneath the fingernails and between the fingers.

 (B) If approved and capable of removing the types of soils encountered in the food operations involved, an automatic handwashing facility may be used by food employees to clean their hands.

2-301.14  When to Wash.*

Food employees shall clean their hands and exposed portions of their arms as specified under § 2-301.12 immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles and:

 (A) After touching bare human body parts other than clean hands and clean, exposed portions of arms;

 (B) After using the toilet room;

 (C) After caring for or handling service animals or aquatic animals as specified in 2-403.11(B);

 (D) Except as specified in 2-401.11(B), after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking;

 (E) After handling soiled equipment or utensils;

 (F) During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks;

 (G) When switching between working with raw food and working with ready-to-eat food; and

 (H) After engaging in other activities that contaminate the hands.

 (I) Prior to use of gloves.

2-301.15  Where to Wash.

Food employees shall clean their hands in a handwashing lavatory or approved automatic handwashing facility and may not clean their hands in a sink used for food preparation, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste.

2-301.16  Hand Sanitizers.

(A) A hand sanitizer and a chemical hand sanitizing solution used as a hand dip shall:

 (1) Comply with one of the following:

  (a) Be an approved drug that is listed in the FDA publication Approved Drug Products with Therapeutic Equivalence Evaluations as an approved drug based on safety and effectiveness; or

  (b) Have active antimicrobial ingredients that are listed in:

   (i) The FDA monograph for OTC Health-Care Antiseptic Drug Products as an antiseptic handwash, or

   (ii) The USDA List of Proprietary Substances and Nonfood Compounds, Miscellaneous Publication No. 1419;

and

 (2) Comply with one of the following:

  (a) Have components that are exempted from the requirement of being listed in federal food additive regulations as specified in 21 CFR 170.39 - Threshold of regulation for substances used in food-contact articles; or

  (b) Comply with and be listed in:

   (i) 21 CFR 178 - Indirect Food additives: Adjuvants, Production Aids, and Sanitizers as regulated for use as a food additive with conditions of safe use, or

   (ii) 21 CFR 182 - Substances Generally Recognized as Safe, 21 CFR 184 - Direct Food Substances Affirmed as Generally Recognized as Safe, or 21 CFR 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe for use in contact with food; and

 (3) Be applied only to hands that are cleaned as specified under § 2-301.12.

(B) If a hand sanitizer or a chemical hand sanitizing solution used as a hand dip does not meet the criteria specified under Subparagraph (A)(2) of this section, use shall be:

 (1) Followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves; or

 (2) Limited to situations that involve no direct contact with food by the bare hands.

(C) A chemical hand sanitizing solution used as a hand dip shall be maintained clean and at a strength equivalent to at least 100 mg/L chlorine.

Fingernails

2-302.11  Maintenance.

 (A) Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.

 (B) While preparing food, employees shall not wear artificial nails or fingernail polish.

Jewelry

2-303.11  Prohibition.

While preparing food, food employees may not wear jewelry on their arms and hands. This section does not apply to a plain ring such as a wedding band.

Outer Clothing

2-304.11  Clean Condition.

Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.

2-4    Hygienic Practices

Food Contamination Prevention

2-401.11  Eating, Drinking, or Using Tobacco.*

(A) Except as specified in (B) of this section, an employee shall eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed food; clean equipment, utensils, and linens; unwrapped single-service and single-use articles; or other items needing protection can not result.

(B) A food employee may drink from a closed beverage container if the container is handled to prevent contamination of:

 (1) The employee's hands;

 (2) The container; and

 (3) Exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

2-401.12  Discharges from the Eyes, Nose, and Mouth.*

Food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with exposed food; clean equipment, utensils, and linens; or unwrapped single-service or single-use articles.

Hair Restraints

2-402.11  Effectiveness.

(A) Except as provided in (B) of this section, food employees shall wear hair restraints such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that are designed and worn to effectively keep their hair from contacting exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

(B) This section does not apply to food employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

Animals

2-403.11  Handling Prohibition.*

(A) Except as specified in (B) of this section, food employees may not care for or handle animals that may be present such as patrol dogs, service animals, or pets that are allowed as specified in Subparagraphs 6-501.115(B)(2)-(5).

(B) Food employees with service animals may handle or care for their service animals and food employees may handle or care for fish in aquariums or molluscan shellfish or crustacea in display tanks if they wash their hands as specified under § 2-301.12 and  2-301.14(C).

Chapter 3: Food

3-1    Characteristics

Condition

3-101.11  Safe, Unadulterated, and Honestly Presented.*

Food shall be safe, unadulterated, and, as specified under § 3-601.12, honestly presented.

3-2    Sources, Specifications, and Original Containers and Records

Sources

3-201.11 Compliance with Food Law.*

(A) Food shall be obtained from sources that comply with law.

(B) Food prepared in a private home may not be used or offered for human consumption in a food establishment.

(C) Packaged food shall be labeled as specified in law, including 21 CFR 101 Food Labeling, 9 CFR 317 Labeling, Marking Devices, and Containers, and 9 CFR 381 Subpart N Labeling and Containers, and as specified under §§ 3-202.17 and 3-202.18.

(D) Fish, other than molluscan shellfish, that are intended for consumption in their raw form and allowed as specified in Subparagraph 3-401.11(C)(1) may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified under § 3-402.11; or frozen on the premises as specified under § 3-402.11 and records are retained as specified under § 3-402.12.

(E) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in § 3-401.11(C) shall be:

 (1) Obtained from a food processing plant that packages the steaks and labels them to indicate that they meet the definition of whole-muscle, intact beef; or

 (2) If individually cut in a food establishment:

  (a) Cut from whole-muscle intact beef that is labeled by a food processing plant to indicate that the beef meets the definition of whole-muscle, intact beef,

  (b) Prepared so they remain intact, and

  (c) If packaged for undercooking in a food establishment, labeled to indicate that they meet the definition of whole-muscle, intact beef.

(F) Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption, shall be labeled to include safe handling instructions as specified in law, including 9 CFR 317.2(l) and 9 CFR 381.125(b).

3-201.12 Food in a Hermetically sealed container.*

Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

3-201.13 Fluid Milk and Milk Products.*

Fluid milk and milk products shall be obtained from sources that comply with grade A standards as specified in law.

3-201.14  Fish.*

(A) Fish that are received for sale or service shall be:

 (1) Commercially and legally caught or harvested; or

 (2) Approved for sale or service.

(B) Molluscan shellfish that are recreationally caught may not be received for sale or service.

3-201.15  Molluscan shellfish.*

(A) Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan shellfish.

(B) Molluscan shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List.

3-201.16  Wild Mushrooms.*

(A) Except as specified in (B) of this section, mushroom species picked in the wild shall be obtained from sources where each mushroom is individually inspected and found to be safe by an approved mushroom identification expert.

(B) This section does not apply to:

 (1) Cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the food regulatory agency that has jurisdiction over the operation; or

 (2) Wild mushroom species if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

3-201.17  Game animals.*

(A) If game animals are received for sale or service they shall be:

 (1) Commercially raised for food and:

  (a) Raised slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction, or

  (b) Under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction, and

  (c) Raised, slaughtered, and processed according to:

   (i) Laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program, and

   (ii) Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee;

 (2) Under a voluntary inspection program administered by the USDA for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are "inspected and approved" in accordance with 9 CFR 352 Voluntary Exotic Animal Program or rabbits that are "inspected and certified" in accordance with 9 CFR 354 Rabbit Inspection Program;

 (3) As allowed by law, for wild game animals that are live-caught:

  (a) Under a routine inspection program conducted by a regulatory agency such as the agency that has animal health jurisdiction, and

  (b) Slaughtered and processed according to:

   (i) Laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program, and

   (ii) Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian's designee; or

 (4) As allowed by law, for field-dressed wild game animals under a routine inspection program that ensures the animals:

  (a) Receive a postmortem examination by an approved veterinarian or veterinarian's designee, or

  (b) Are field-dressed and transported according to requirements specified by the agency that has animal health jurisdiction and the agency that conducts the inspection program, and

  (c) Are processed according to laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program.

(B) A game animal may not be received for sale or service if it is a species of wildlife that is listed in 50 CFR 17 Endangered and Threatened Wildlife and Plants.

(C) Any political subdivision, elementary or secondary school or any charitable, religious, fraternal or other not-for-profit organization may prepare or serve wild game provided there is no charge for the wild game served as according to RSMo 252.244.

Specifications For Receiving

3-202.11  Temperature.*

(A) Except as specified in (B) of this section, refrigerated, potentially hazardous food shall be at a temperature of 5°C (41°F) or below when received.

(B) If a temperature other than 5°C (41°F) for a potentially hazardous food is specified in law governing its distribution, such as laws governing milk, molluscan shellfish, and shell eggs, the food may be received at the specified temperature.

(C) Potentially hazardous food that is cooked to a temperature and for a time specified under §§ 3-401.11 - 3-401.13 and received hot shall be at a temperature of 57°C (135°F) or above.

(D) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen.

(E) Upon receipt, potentially hazardous food shall be free of evidence of previous temperature abuse.

3-202.12  Additives.*

Food may not contain unapproved food additives or additives that exceed amounts specified in 21 CFR 170-180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR 181-186, substances that exceed amounts specified in 9 CFR 318.7 Approval of substances for use in the preparation of products, or pesticide residues that exceed provisions specified in 40 CFR 185 Tolerances for Pesticides in Food.

3-202.13  Shell Eggs.*

Shell eggs shall be received clean and sound and may not exceed the restricted egg tolerances for U.S. Consumer Grade B as specified in 7 CFR Part 56 - Regulations Governing the Grading of Shell Eggs and U.S. Standards, Grades, and Weight classes for Shell Eggs, and 7 CFR Part 59 - Regulations Governing the Inspection of Eggs and Egg Products.

3-202.14  Eggs and Milk Products, Pasteurized.*

(A) Liquid, frozen, and dry eggs and egg products shall be obtained pasteurized.

(B) Fluid and dry milk and milk products complying with grade A standards as specified in law shall be obtained pasteurized.

(C) Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in 21 CFR 135 - Frozen Desserts.

(D) Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in the CFR, such as 21 CFR 133 - Cheeses and Related Cheese Products, for curing certain cheese varieties.

3-202.15  Package Integrity.*

Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.

3-202.16  Ice.*

Ice for use as a food or a cooling medium shall be made from drinking water.

3-202.17  Shucked shellfish, Packaging and Identification.

(A) Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the:

 (1) Name, address, and certification number of the shucker-packer or repacker of the molluscan shellfish; and

 (2) The "sell by" date for packages with a capacity of less than 1.87 L (one-half gallon) or the date shucked for packages with a capacity of 1.87 L (one-half gallon) or more.

(B) A package of raw shucked shellfish that does not bear a label or which bears a label which does not contain all the information as specified under (A) of this section shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR Subpart D - Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d).

3-202.18  Shellstock Identification.*

(A) Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester and each dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan shellfish, and that list:

 (1) Except as specified under (C) of this section, on the harvester's tag or label, the following information in the following order:

  (a) The harvester's identification number that is assigned by the shellfish control authority,

  (b) The date of harvesting,

  (c) The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the shellfish control authority and including the abbreviation of the name of the state or country in which the shellfish are harvested,

  (d) The type and quantity of shellfish, and

  (e) The following statement in bold, capitalized type: "This tag is required to be attached until container is empty or retagged and thereafter kept on file for 90 days;" and

 (2) Except as specified in (D) of this section, on each dealer's tag or label, the following information in the following order:

  (a) The dealer's name and address, and the certification number assigned by the shellfish control authority,

  (b) The original shipper's certification number including the abbreviation of the name of the state or country in which the shellfish are harvested,

  (c) The same information as specified for a harvester's tag under Subparagraphs (A)(1)(b)-(d) of this section, and

  (d) The following statement in bold, capitalized type: "This tag is required to be attached until container is empty and thereafter kept on file for 90 days."

(B) A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all the information as specified under (A) of this section shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR Subpart D - Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d).

(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 shall be listed first.

(D) If the harvester's tag or label is designed to accommodate each dealer's identification as specified under Subparagraphs (A)(2)(a) and (b) of this section, individual dealer tags or labels need not be provided.

3-202.19  Shellstock, Condition.

When received by a food establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded.

Original Containers and Records

3-203.11  Molluscan shellfish, Original Container.

(A) Except as specified in (B) and (C) of this section, molluscan shellfish may not be removed from the container in which they are received other than immediately before sale or preparation for service.

(B) Shellstock may be removed from the container in which they are received, displayed on drained ice, or held in a display container, and a quantity specified by a Consumer may be removed from the display or display container and provided to the Consumer if:

 (1) The source of the shellstock on display is identified as specified under § 3-202.18 and recorded as specified under § 3-203.12; and

 (2) The shellstock are protected from contamination.

(C) Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a Consumer's request if:

 (1) The labeling information for the shellfish on display as specified under § 3-202.17 is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and

 (2) The shellfish are protected from contamination.

3-203.12  Shellstock, Maintaining Identification.*

(A) Except as specified under Subparagraph (B)(2) of this section, shellstock tags shall remain attached to the container in which the shellstock are received until the container is empty.

(B) The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for 90 calendar days from the date the container is emptied by:

 (1) Using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date when, or dates during which, the shellstock are sold or served; and

 (2) If shellstock are removed from their tagged or labeled container:

  (a) Using only 1 tagged or labeled container at a time, or

  (b) Using more than 1 tagged or labeled container at a time and obtaining a variance from the regulatory authority as specified in § 8-103.10 based on a HACCP plan that:

   (i) Is submitted by the permit holder and approved as specified under § 8-103.11,

   (ii) Preserves source identification by using a record keeping system as specified under Subparagraph (B)(1) of this section, and

   (iii) Ensures that shellstock from one tagged or labeled container are not commingled with shellstock from another container before being ordered by the Consumer.

3-3    Protection From Contamination After Receiving

Preventing Contamination By Employees

3-301.11  Preventing Contamination From Hands.*

(A) Food employees shall wash their hands as specified under § 2-301.12.

(B) Except when washing fruits and vegetables as specified under § 3-302.15 or when otherwise approved, food employees may not contact exposed, ready-to-eat food with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves or dispensing equipment.

(C) Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form.^S

3-301.12  Preventing Contamination when Tasting.*

A food employee may not use a utensil more than once to taste food that is to be sold or served.

Preventing Food and Ingredient Contamination

3-302.11  Packaged and Unpackaged Food - Separation, Packaging, and Segregation.*

(A) Food shall be protected from cross contamination by:

 (1) Separating raw animal foods during storage, preparation, holding, and display from:

  (a) Raw ready-to-eat food including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as vegetables, and

  (b) Cooked ready-to-eat food;

 (2) Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by:

  (a) Using separate equipment for each type, or

  (b) Arranging each type of food in equipment so that cross contamination of one type with another is prevented, and

  (c) Preparing each type of food at different times or in separate areas;

 (3) Cleaning equipment and utensils as specified under  4-602.11(A) and sanitizing as specified under § 4-703.11;

 (4) Except as specified in (B) of this section, storing the food in packages, covered containers, or wrappings;

 (5) Cleaning hermetically sealed containers of food of visible soil before opening;

 (6) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;

 (7) Storing damaged, spoiled, or recalled food being held in the food establishment as specified under § 6-404.11; and

 (8) Separating fruits and vegetables, before they are washed as specified under § 3-302.15 from ready-to-eat food.

(B) Subparagraph (A)(4) of this section does not apply to:

 (1) Whole, uncut, raw fruits and vegetables and nuts in the shell, that require peeling or hulling before consumption;

 (2) Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;

 (3) Whole, uncut, processed meats such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks;

 (4) Food being cooled as specified under Subparagraph 3-501.15(B)(2); or

 (5) Shellstock.

3-302.12  Food Storage Containers, Identified with Common Name of Food.

Working containers holding food or food ingredients that are removed from their original packages for use in the food establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the food except that containers holding food that can be readily and unmistakably recognized such as dry pasta need not be identified.

3-302.13  Pasteurized Eggs, Substitute for Raw Shell Eggs for Certain Recipes.*

Pasteurized eggs or egg products shall be substituted for raw shell eggs in the preparation of foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages that are not:

 (A) Cooked as specified under Subparagraphs 3-401.11(C) or (2); or

 (B) Included in Subparagraph 3-401.11(D).

3-302.14  Protection from Unapproved Additives.*

(A) Food shall be protected from contamination that may result from the addition of, as specified in § 3-202.12:

 (1) Unsafe or unapproved food or color additives; and

 (2) Unsafe or unapproved levels of approved food and color additives.

(B) A food employee may not:

 (1) Apply sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B₁; or

 (2) Serve or sell food specified under Subparagraph (B)(1) of this section that is treated with sulfiting agents before receipt by the food establishment, except that grapes need not meet this subparagraph.

3-302.15  Washing Fruits and Vegetables.

(A) Raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form except as specified in (B) of this section and except that whole, raw fruits and vegetables that are intended for washing by the Consumer before consumption need not be washed before they are sold.

(B) Fruits and vegetables may be washed by using chemicals as specified under § 7-204.12.

Preventing Contamination From Ice Used As a Coolant

3-303.11  Ice Used as Exterior Coolant, Prohibited as Ingredient.

After use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment, ice may not be used as food.

3-303.12  Storage or Display of Food in Contact with Water or Ice.

(A) Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.

(B) Except as specified in (C) and (D) of this section, unpackaged food may not be stored in direct contact with undrained ice.

(C) Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or water.

(D) Raw chicken and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.

Preventing Contamination From Equipment, Utensils, and Linens

3-304.11  Food Contact with Equipment and Utensils.*

Food shall only contact surfaces of equipment and utensils that are cleaned as specified under Part 4-6 of this Code and sanitized as specified under Part 4-7 of this Code.

3-304.12  In-Use Utensils, Between-Use Storage.

During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:

 (A) Except as specified under (B) of this section, in the food with their handles above the top of the food and the container;

 (B) In food that is not potentially hazardous with their handles above the top of the food within containe