Ga. Comp. R. & Regs. R. 511-6-1-.03 - Management and Personnel
(1)
Demonstration of Knowledge. Based on the risk of foodborne illness
inherent to the food service operation, during inspections and upon request,
the person in charge shall demonstrate to the Health Authority knowledge of
foodborne disease prevention, application of the Hazard Analysis Critical
Control Point principles, and the requirements of this Chapter. The person in
charge shall demonstrate this knowledge in one of the following ways:
(a)
Compliance with Chapter.
Complying with this Chapter by having no violations of Priority Items during
the current inspection;Pf
(b)
Certified Food Service
Manager. Being a certified food service manager who has shown
proficiency of required information through passing a test that is part of an
accredited program;Pf or
(c)
Correct Answers to Food Safety
Questions. Responding correctly to the inspector's questions as they
relate to the specific food operation. The areas of knowledge include:
1. Describing the relationship between the
prevention of foodborne disease and the personal hygiene of a food
employee;Pf
2. 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;Pf
3. Describing the symptoms associated with
the diseases that are transmissible through
food;Pf
4. Explaining the significance of the
relationship between maintaining the time and temperature of time/temperature
control for safety food and the prevention of foodborne
illness;Pf
5. Explaining the hazards involved in the
consumption of raw or undercooked meat, poultry, eggs, and
fish;Pf
6. Stating the required food temperatures and
times for safe cooking of time/temperature control for safety food including
meat, poultry, eggs, and fish;Pf
7. Stating the required temperatures and
times for the safe refrigerated storage, hot holding, cooling, and reheating of
time/temperature control for safety
food;Pf
8. Describing the relationship between the
prevention of foodborne illness and the management and control of the
following:
(i) Cross
contamination,Pf
(ii) Hand contact with ready-to-eat
foods,Pf
(iii)
Handwashing,Pf and
(iv) Maintaining the food service
establishment in a clean condition and in good
repair;Pf
9. Describing foods identified as major food
allergens and the symptoms major food allergen could cause in a sensitive
individual who has an allergic reaction;Pf
10. Explaining the relationship between food
safety and providing equipment that is:
(i)
Sufficient in number and capacity,Pf and
(ii) Properly designed, constructed, located,
installed, operated, maintained, and
cleaned;Pf
11. Explaining correct procedures for
cleaning and sanitizing utensils and food-contact surfaces of
equipment;Pf
12. 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;Pf
13. Identifying poisonous or toxic materials
in the food service establishment and the procedures necessary to ensure that
they are safely stored, dispensed, used, and disposed of according to
law;Pf
14. 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 Chapter;Pf
15. 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 Chapter, or an agreement between the Health Authority and the
food service establishment;Pf
16. Explaining the responsibilities, rights,
and authorities assigned by this Chapter to the:
(i) Food
employee,Pf
(ii) Conditional
employee,Pf
(iii) Person in
charge,Pf
(iv) Health
Authority;Pf and
17. Explaining how the person in charge, food
employees, and conditional employees comply with reporting responsibilities and
exclusion or restriction of food
employees.Pf
(2)
Responsibilities of the Person in
Charge (PIC). There must be a person in charge on the premises of the
food service establishment at all times. The person in charge shall ensure
compliance with the following:
(a)
Operations Not Conducted in Private Home. Food service
establishment operations are not conducted in a private home or in a room used
as living or sleeping quarters;Pf
(b)
Authorized Personnel Access.
Persons unnecessary to the food service 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;Pf
(c)
Authorized Persons
Compliance. 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
Chapter;Pf
(d)
Employee Handwashing.
Employees are effectively cleaning their hands, by routinely monitoring the
employees' handwashing;Pf
(e)
Monitoring of Receiving.
Employees are visibly observing and verifying delivered foods as they are
received to determine that they are from approved sources and are placed into
appropriate storage locations, as required by this Chapter, such that they are
received and maintained at the required temperatures, protected from
contamination, unadulterated, and accurately presented, by routinely monitoring
the employees' observations, and periodically evaluating foods upon their
receipt.Pf
(f)
Monitoring of Receiving during
Non-Operating Hours. Employees are verifying that foods delivered to the
food service establishment during non-operating hours are from approved sources
and are placed into appropriate storage locations such that they are maintained
at the required temperatures, protected from contamination, unadulterated,
accurately presented, by routinely monitoring the employees' observations,
maintaining receiving/corrective action records for deliveries during
non-operating hours and periodically evaluating foods upon their receipt as
specified within DPH Rule
511-6-1-.04(3)(m);Pf
(g)
Proper Cooking Techniques.
Employees are properly cooking, cold/hot holding, and reheating for hot holding
time/temperature control for safety food, being particularly careful in
cooking, reheating, and holding 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, holding, and reheating for
hot holding temperatures using appropriate temperature measuring devices
properly scaled and calibrated;Pf
(h)
Proper Cooling Methods.
Employees are using proper methods to rapidly cool time/temperature control for
safety food, that are not held hot or are not for consumption within four
hours, through daily oversight of the employees' routine monitoring of food
temperatures during cooling;Pf
(i)
Proper Thawing. Food
employees are properly maintaining the temperature of Time/Temperature control
for safety foods during thawing through daily oversight of the food employee's
routine monitoring of food temperatures;Pf
(j)
Consumer Food Safety.
Consumers who order raw or partially cooked ready-to-eat foods of animal origin
are informed that the food is not cooked sufficiently to ensure its
safety;Pf
(k)
Proper Sanitizing. 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;Pf
(l)
Clean Tableware. Consumers
are notified that clean tableware is to be used when they return to
self-service areas such as salad bars and
buffets;Pf
(m)
Bare Hand Contact. Unless
the conditions specified in DPH Rule
511-6-1-.04(4)(a)4.
are met, 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;Pf
(n)
Food Safety Training.
Employees are properly trained in food safety, including food allergy
awareness, as it relates to their assigned duties. Food allergy awareness
includes describing foods identified as major food allergens and the symptoms
that a major food allergen could cause in a sensitive individual who has an
allergic reaction;Pf
(o)
Reporting Responsibilities.
Food employees and conditional employees are informed in a verifiable manner of
their responsibility to report in accordance with the Chapter, to the person in
charge, information about their health and activities as they relate to
diseases that are transmissible through food;Pf
(p)
Imminent Health
Hazard. If an imminent health hazard exists because of an emergency such
as a fire, flood, interruption of electrical or water service for two or more
hours, sewage malfunction, misuse of poisonous or toxic materials, onset of an
apparent foodborne illness outbreak, gross unsanitary occurrence or condition,
or other circumstances that may endanger public health, then operations are
immediately discontinued and the Health Authority is
notified.P However, establishments may continue to
operate based upon emergency guidance provided by the Health Authority or under
an emergency operation plan that has been approved by the Health Authority
prior to the occurrence of such emergency events;Pf
and
(q)
Procedures and
Plans. Written procedures and plans, where specified by this Chapter and
as developed by the food service establishment, are maintained and implemented
as required.Pf
(3)
Certified Food Safety
Manager.
(a)
Food Safety Manager
Certification. Food service establishments shall have in its employ a
Certified Food Safety Manager (CFSM) as specified in paragraph (b) of this
subsection to ensure food safety is being managed within the foodservice
establishment during all hours of operation as specified within paragraph (d)
of this subsection.Pf
(b)
Certification
Requirements/Exemptions. At least one employee that has supervisory and
management responsibility and the authority to direct and control food
preparation and service shall be a certified food safety manager who has shown
proficiency of required information through passing a test that is part of an
accredited program that conforms to the national standards for organizations
that certify individuals. Certified Food Safety Managers must be designated to
one food service establishment only and maintain and renew certification in
accordance with the requirements of the examination taken.
1. The following operations are not required
to have a certified owner or manager:
(i) A
mobile food service unit that does not process foods;
(ii) Food service establishments that serve
non-time/temperature control for safety food that requires limited preparation,
or those time/temperature control for safety foods which have been previously
prepared in a permitted food service establishment; and
(iii) Temporary food service establishments
in accordance with DPH Rule
511-6-1-.08(2)(a).
2. A food service establishment
will have sixty days from the date of initial permit issuance, change of
ownership permit issuance, or termination of employment of its CFSM to employ a
new CFSM.
3. A food service
establishment that operates without a CFSM shall notify the Health Authority
within thirty days of the date that the establishment ceases to employ a CFSM
with the name and certification number of the former CFSM and measures being
taken to designate a new CFSM. Measures shall include:
(i) Hiring a new CFSM;
(ii) Designating an existing employee who is
enrolled in an approved CFSM training course; or
(iii) Hiring a new employee who is enrolled
in an approved CFSM training course.
(c)
Certification Documentation.
1. The original CFSM certificate shall be
posted in public view in each food service establishment. An additional copy
shall be retained on file at the food service establishment at all times and
shall be made available for inspection by the Health Authority.
2. A CFSM certificate which has expired, been
revoked or suspended shall not be posted in the food service
establishment.
3. All licenses,
certificates, diplomas, or other similar credentials issued or granted to an
owner or operator who has successfully completed an approved or accredited food
safety certification course and exam shall expire on the expiration date
determined by the credentialing organization. Within ninety days of the
expiration of the CFSM certificate, the CFSM shall enroll in an approved food
safety training course, pass an approved exam, and obtain a new
certificate.
4. The certification
is not transferable between persons.
(d)
Certified Food Safety Manager
Responsibility.
1. The responsibility
of the CFSM shall include the safety of food preparation and service by
ensuring that all employees who handle, or have responsibility for handling,
unpackaged foods of any kind, have sufficient knowledge of safe preparation and
service of the food. The nature and extent of the knowledge that each employee
is required to have may be tailored, as appropriate, to the employee's duties
related to food safety issues.
2.
The CFSM shall:
(i) Be the person-in-charge
while on the premises of the food service establishment and shall designate
someone else to be the person in charge when not on the premises;
(ii) Supervise and instruct food service
employees in the techniques of sanitary food handling and proper maintenance of
the facility;
(iii) Offer a
training program for all food service employees to satisfy employee proficiency
in their job responsibilities for food safety;
(iv) Communicate with representatives of the
Health Authority about the effectiveness of employee training programs;
and
(v) Assess training needs of
the food service employees and request formal training as needed.
(4)
Employee Health.
(a)
Requirement to Report Symptoms, Diagnosis and History of Exposure.
The permit holder shall require food employees and conditional employees to
report to the CFSM and person in charge, information about their health and
activities as they relate to diseases that are transmissible through food. A
food employee or conditional employee shall report the information in a manner
that allows the CFSM and person in charge to reduce the risk of foodborne
disease transmission, including providing necessary additional information,
such as the date of onset of symptoms and an illness, or of a diagnosis without
symptoms, if the food employee or conditional employee:
1. Has any of the following symptoms:
(i)
Vomiting,P
(ii)
Diarrhea,P
(iii)
Jaundice,P
(iv) Sore throat with
fever,P or
(v) A lesion containing pus such as a boil or
infected wound that is open or draining and is:
(I) On the hands or wrists, unless an
impermeable cover such as a finger cot or stall protects the lesion and a
single-use glove is worn over the impermeable cover as specified under
subsection (5)(g) of this Rule,P
(II) On exposed portions of the arms, unless
the lesion is protected by an impermeable cover,P
or
(III) On other parts of the
body, unless the lesion is covered by a dry, durable, tight-fitting
bandage;P
2. Has an illness diagnosed by a health
practitioner due to:
(i)
Norovirus,P
(ii) Hepatitis A
virus,P
(iii)
Shigella
spp.,P
(iv) Shiga toxin-producing
Escherichia coli,P
(v) Typhoid fever (caused by
Salmonella Typhi);P or
(vi) Nontyphoidal
Salmonella;P
3. Had typhoid fever (caused by
Salmonella Typhi), diagnosed by a health practitioner, within
the past three months, without having received antibiotic therapy as determined
by a health practitioner;P
4. Had been exposed to, or is the suspected
source of, a confirmed disease outbreak, because the food employee or
conditional employee consumed or prepared food implicated in the outbreak, or
consumed food at an event prepared by a person who is infected or ill with:
(i) Norovirus within the past 48 hours of the
last exposure,P
(ii) Shiga toxin-producing
Escherichia coli, or Shigella spp. within the
past three days of the last exposure,P
(iii) Typhoid fever (caused by
Salmonella Typhi) within the past 14 days of the last
exposure,P or
(iv) Hepatitis A virus within the past 30
days of the last exposure;P or
5. Has been exposed by attending or working
in a setting where there is a confirmed disease outbreak, or living in the same
household as, and has knowledge about, an individual who works or attends a
setting where there is a confirmed disease outbreak, or living in the same
household as, and has knowledge about, an individual diagnosed with an illness
caused by:
(i) Norovirus within the past 48
hours of the last exposure,P
(ii) Shiga toxin-producing
Escherichia coli, or Shigella spp. within the
past three days of the last exposure,P
(iii) Typhoid fever (caused by
Salmonella Typhi) within the past 14 days of the last
exposure,P or
(iv) Hepatitis A virus within the past 30
days of the last exposure.P
(b)
Responsibility of Person
in Charge to Notify the Health Authority. The CFSM or person in charge
shall notify the Health Authority when a food employee is:
1. Jaundiced,Pf
or
2. Diagnosed with an illness due
to norovirus, Hepatitis A virus, Shigella spp., Shiga
toxin-producing Escherichia coli, or typhoid fever (caused by
Salmonella Typhi).P
(c)
Person in Charge's
Responsibility to Prohibit a Symptomatic Conditional Employee.
The person in charge shall ensure that a conditional employee:
1. Who exhibits or reports a
symptom, or who reports a diagnosed illness as specified under subsection
(4)(a)1. through 3. of this Rule, is prohibited from becoming a food employee
until the conditional employee meets the criteria for the specific symptoms or
diagnosed illness as specified under subsection (4)(h) of this
Rule;P and
2. Who will work as a food employee in a food
service establishment that serves as a highly susceptible population and
reports a history of exposure as specified under subsections (4)(a)4. and 5. of
this Rule, is prohibited from becoming a food employee until the conditional
employee meets the criteria as specified under subsection (4)(h)10. of this
Rule.P
(d)
Person In Charge's Responsibility
to Exclude or Restrict a Symptomatic Employee. The person in charge
shall ensure that a food employee who exhibits or reports a symptom, or who
reports a diagnosed illness or a history of exposure as specified under
subsections (4)(a)1. through 5. of this Rule is excluded or restricted and in
compliance with a removal, adjustment or retention of an exclusion or
restriction.P
(e)
Responsibility of Food Employee and
Conditional Employee to Report. A food employee or conditional employee
shall report to the person in charge the information as specified under
subsection (4)(a) of this Rule.Pf
(f)
Responsibility of Food Employee to
Comply. A food employee shall comply with an exclusion or restriction
and with a removal, adjustment or retention of an exclusion or
restriction.P
(g)
Exclusions and Restrictions.
The person in charge shall exclude or restrict a food employee, from a food
service establishment in accordance with the following:
1. Except when the symptom is from a
noninfectious condition, exclude a food employee if the food employee is:
(i) Symptomatic with vomiting or
diarrhea;P or
(ii) Symptomatic with vomiting or diarrhea
and diagnosed with an infection from norovirus, Shigella spp.,
nontyphoidal Salmonella, or Shiga toxin-producing
Escherichia coli.P
2. Exclude a food employee who is:
(i) Jaundiced and the onset of jaundice
occurred within the last seven calendar days, unless the food employee provides
to the person in charge written medical documentation from a health
practitioner specifying that the jaundice is not caused by Hepatitis A virus or
other fecal-orally transmitted infection;P
(ii) Diagnosed with an infection from
Hepatitis A virus within 14 calendar days from the onset of any illness
symptoms, or within seven calendar days of the onset of
jaundice;P or
(iii) Diagnosed with an infection from
Hepatitis A virus without developing
symptoms.P
3. Exclude a food employee who is diagnosed
with typhoid fever (caused by Salmonella Typhi), or reports a
previous diagnosis of typhoid fever (caused by Salmonella
Typhi) within the past three months, without having received antibiotic
therapy.P
4. Exclude a food employee that works in a
food service establishment serving a highly susceptible population who is:
(i) Diagnosed with an infection from
norovirus and is asymptomatic;P
(ii) Diagnosed with an infection from
Shigella spp. and is
asymptomatic;P
(iii) Diagnosed with an infection from Shiga
toxin-producing E. coli, and is
asymptomatic;P or
(iv) Ill with symptoms of acute onset of sore
throat with fever.P
5. Restrict a food employee that works in a
food service establishment not serving a highly susceptible population who is:
(i) Diagnosed with an infection from
norovirus and is asymptomatic;P
(ii) Diagnosed with an infection from
Shigella spp. and is
asymptomatic;P
(iii) Diagnosed with an infection from Shiga
toxin-producing E. coli, and is
asymptomatic;P or
(iv) Ill with symptoms of acute onset of sore
throat with fever.P
6. Restrict a food employee that is infected
with a skin lesion containing pus such as a boil or infected wound that is open
or draining and not properly covered.P
7. Restrict a food employee that is exposed
to a foodborne pathogen as specified under subsections (4)(a)4. or 5. of this
Rule, if the food employee who works in a food service establishment serving a
highly susceptible population.P
8. Restrict a food employee that is diagnosed
with an infection from nontyphoidal Salmonella and is asymptomatic who works in
a food service establishment serving a highly susceptible population or in a
food service establishment not serving a highly susceptible
population.
(h)
Removal, Adjustment, or Retention of Exclusions and Restrictions.
The person in charge may remove, adjust, or retain the exclusion or restriction
of a food employee according to the following conditions:
1. Except when a food employee is diagnosed
with an infection from Hepatitis A virus or typhoid fever (caused by
Salmonella Typhi):
(i)
Reinstate a food employee who was excluded for being symptomatic with vomiting
or diarrhea if the food employee:
(I) Is
asymptomatic for at least 24 hours;P or
(II) Provides to the person in charge written
medical documentation from a health practitioner that states the symptom is
from a noninfectious condition.P
(ii) If a food employee was
diagnosed with an infection from Norovirus, and excluded for being symptomatic
with vomiting or diarrhea:
(I) Restrict the
food employee, who is asymptomatic for at least 24 hours and works in a food
service establishment not serving a highly susceptible population, until the
conditions for reinstatement as specified under paragraphs 4.(i) or (ii) of
this subsection are met;P or
(II) Retain the exclusion for the food
employee, who is asymptomatic for at least 24 hours and works in a food service
establishment that serves a highly susceptible population, until the conditions
for reinstatement as specified under paragraphs 4.(i) or (ii) of this
subsection are met.P
(iii) If a food employee was diagnosed with
an infection from Shigella, and excluded for being symptomatic with vomiting or
diarrhea:
(I) Restrict the food employee who
is asymptomatic for at least 24 hours and works in a food service establishment
not serving a highly susceptible population, until the conditions for
reinstatement as specified under paragraphs 5.(i) or (ii), of this subsection
are met;P or
(II) Retain the exclusion for the food
employee, who is asymptomatic for at least 24 hours and works in a food service
establishment that serves a highly susceptible population, until the conditions
for reinstatement as specified under paragraphs 5.(i) or (ii), or 5.(i) and
1.(iii)(I) of this subsection are met.P
(iv) If a food service employee
was diagnosed with an infection from Shiga toxin-producing Escherichia
coli and excluded for being symptomatic with vomiting or diarrhea:
(I) Restrict the food service employee, who
is asymptomatic for at least 24 hours and works in a food service establishment
not serving a high susceptible population, until the conditions for
reinstatement as specified under paragraphs 6.(i) or (ii) of this section are
met;P or
(II) Retain the exclusion for the food
employee who is asymptomatic for at least 24 hours and works in a food service
establishment that serves a highly susceptible population, until the conditions
for reinstatement as specified under paragraphs 6.(i) or (ii) of this
subsection are met.P
(v) If food employee was diagnosed with an
infection from nontyphoidal Salmonella and excluded for being symptomatic with
vomiting or diarrhea:
(I) Restrict the food
employee who is asymptomatic for at least 30 days until conditions for
reinstatement specified under paragraphs 7.(i) or (ii) of this subsection are
met.P
(II) Retain the exclusion for the food
employee who is symptomatic, until conditions for reinstatement under
paragraphs 7.(i) or (ii) of this subsection are
met.P
2. Reinstate a food employee who was excluded
as specified under paragraph (4)(g)2. of this Rule if the person in charge
obtains approval from the Health Authority and one of the following conditions
is met:
(i) The food employee has been
jaundiced for more than 7 calendar days;P
(ii) The anicteric food employee has been
symptomatic with symptoms other than jaundice for more than 14 calendar
days;P or
(iii) The food employee provides to the
person in charge written medical documentation from a health practitioner
stating that the food employee is free of a Hepatitis A virus
infection.P
3. Reinstate a food employee who was excluded
for a diagnosis of typhoid fever (caused by Salmonella Typhi),
or a previous infection of typhoid fever within the past 3 months without
receiving antibiotic treatment if:
(i) The
person in charge obtains approval from the Health
Authority;P and
(ii) The food employee provides to the person
in charge written medical documentation from a health practitioner that states
the food employee is free from typhoid fever (caused by
Salmonella Typhi).P
4. Reinstate a food employee who
was excluded for being symptomatic with norovirus or asymptomatic with
norovirus and working in a food service establishment serving a highly
susceptible population or who was restricted for being asymptomatic with
norovirus in a food service establishment not serving a highly susceptible
population if the person in charge obtains approval from the Health Authority
and one of the following conditions is met:
(i) The excluded or restricted food employee
provides to the person in charge written medical documentation from a health
practitioner stating that the food employee is free of a norovirus
infection;P
(ii) The food employee was excluded or
restricted after symptoms of vomiting or diarrhea resolved, and more than 48
hours have passed since the food employee became
asymptomatic;P or
(iii) The food employee was excluded or
restricted and did not develop symptoms and more than 48 hours have passed
since the food employee was diagnosed.P
5. Reinstate a food employee who
was excluded for being symptomatic with Shigella or
asymptomatic with Shigella and working in a food service
establishment serving a highly susceptible population or who was restricted for
being asymptomatic with Shigella in a food service
establishment not serving a highly susceptible population if the person in
charge obtains approval from the Health Authority and one of the following
conditions is met:
(i) The excluded or
restricted food employee provides to the person in charge written medical
documentation from a health practitioner stating that the food employee is free
of a Shigella spp. infection based on test results showing two consecutive
negative stool specimen cultures that are taken:
(I) Not earlier than 48 hours after
discontinuance of antibiotics,P and
(II) At least 24 hours
apart;P
(ii) The food employee was excluded or
restricted after symptoms of vomiting or diarrhea resolved, and more than seven
calendar days have passed since the food employee became
asymptomatic;P or
(iii) The food employee was excluded or
restricted and did not develop symptoms and more than seven calendar days have
passed since the food employee was
diagnosed.P
6. Reinstate a food employee who was excluded
for being symptomatic with Shiga toxin-producing Escherichia
coli or asymptomatic with Shiga toxin-producing Escherichia
coli and working in a food service establishment serving a highly
susceptible population or who was restricted for being asymptomatic with Shiga
toxin-producing Escherichia coli in a food service
establishment not serving a highly susceptible population if the person in
charge obtains approval from the Health Authority and one of the following
conditions is met:
(i) The excluded or
restricted food employee provides to the person in charge written medical
documentation from a health practitioner stating that the food employee is free
of an infection from Shiga toxin-producing Escherichia coli
based on test results that show two consecutive negative stool specimen
cultures that are taken:
(I) Not earlier than
48 hours after discontinuance of antibiotics;P
and
(II) At least 24 hours
apart;P
(ii) The food employee was excluded or
restricted after symptoms of vomiting or diarrhea resolved and more than seven
calendar days have passed since the food employee became
asymptomatic;P or
(iii) The food employee was excluded or
restricted and did not develop symptoms and more than seven days have passed
since the food employee was diagnosed.P
7. Reinstate a food employee who
was excluded for being symptomatic with nontyphoidal Salmonella or who was
restricted for being asymptomatic with nontyphoidal Salmonella and working in a
Highly Susceptible Population or a food service establishment not serving a
Highly Susceptible Population if the Person in Charge obtains approval from the
Health Authority and one of the following conditions is met:
(i) The excluded or restricted food employee
provides to the Person in Charge written medical documentation from a health
practitioner stating that the food employee is free of a nontyphoidal
Salmonella infection based on test results showing 2 consecutive negative stool
specimen cultures that are taken;
(I) Not
earlier than 48 hours after discontinuance of
antibiotics,P and
(II) At least 24 hours
apart;P
(ii) The food employee was restricted after
symptoms of vomiting or diarrhea resolved, and more than 30 days have passed
since the food employee became asymptomatic;P
or
(iii) The food employee was
excluded or restricted and did not develop symptoms and more than 30 days have
passed since the food employee was diagnosed.
8. Reinstate a food employee who was excluded
or restricted for being ill with symptoms of acute onset of sore throat with
fever if the food employee provides to the person in charge written medical
documentation from a health practitioner stating that the food employee meets
one of the following conditions:
(i) Has
received antibiotic therapy for Streptococcus pyogenes
infection for more than 24 hours;P
(ii) Has at least 1 negative throat specimen
culture for Streptococcus pyogenes
infection;P or
(iii) Is otherwise determined by a health
practitioner to be free of a Streptococcus pyogenes
infection.P
9. Reinstate a food employee who was
restricted for a skin lesion containing pus such as a boil or infected wound
that was open and draining if the skin, infected wound, cut, or pustular boil
is properly covered with one of the following:
(i) An impermeable cover such as a finger cot
or stall and a single-use glove over the impermeable cover if the infected
wound or pustular boil is on the hand, finger, or wrist as specified under
subsection (5)(g) of this Rule;P
(ii) An impermeable cover on the arm if the
infected wound or pustular boil is on the arm;P
or
(iii) A dry, durable,
tight-fitting bandage if the infected wound or pustular boil is on another part
of the body.P
10. Reinstate a food employee who was
restricted in a food service establishment serving a highly susceptible
population due to exposure to one of the following pathogens as specified under
subsection (4)(a)4. or 5. of this Rule:
(i)
Norovirus and one of the following conditions is met:
(I) More than 48 hours have passed since the
last day the food employee was potentially exposed;P
or
(II) More than 48 hours have
passed since the food employee's household contact became
symptomatic.P
(ii) Shigella spp. or Shiga toxin-producing
Escherichia coli and one of the following conditions is met:
(I) More than 3 calendar days have passed
since the last day the food employee was potentially
exposed;P or
(II) More than 3 calendar days have passed
since the food employee's household contact became
asymptomatic.P
(iii) Typhoid fever (caused by
Salmonella Typhi) and one of the following conditions is met:
(I) More than 14 calendar days have passed
since the last day the food employee was potentially
exposed;P or
(II) More than 14 calendar days have passed
since the food employee's household contact became
asymptomatic.P
(iv) Hepatitis A virus and one of the
following conditions is met:
(I) The food
employee is immune to Hepatitis A virus infection because of a prior illness
from Hepatitis A;
(II) The food
employee is immune to Hepatitis A virus infection because of vaccination
against Hepatitis A;P
(III) The food employee is immune to
Hepatitis A virus infection because of IgG
administration;P
(IV) More than 30 calendar days have passed
since the last day the food employee was potentially
exposed;P
(V) More than 30 calendar days have passed
since the food employee's household contact became
jaundiced;P or
(VI) The food employee does not use an
alternative procedure that allows bare hand contact with ready-to-eat food
through a variance until at least 30 days after the potential exposure, and the
food employee receives additional training about:
I. Hepatitis A symptoms and preventing the
transmission of infection,P
II. Proper handwashing
procedures,P and
III. Protecting ready-to-eat food from
contamination introduced by bare hand
contact.P
(5)
Personal
Cleanliness:
(a)
Clean
Condition. Food employees shall keep their hands and exposed portions of
their arms clean.P
(b)
Cleaning Procedure.
1. Except as specified in paragraph 4. of
this subsection, food employees shall clean their hands and exposed portions of
their arms, including surrogate prosthetic devices for hands or arms, for at
least 20 seconds, using a cleaning compound in a handwashing sink that is
properly equipped.P
2. Food employees shall use the following
cleaning procedure in the order stated to clean their hands and exposed
portions of their arms, including surrogate prosthetic devices for hands and
arms:
(i) Rinse under clean, running warm
water;P
(ii) Apply an amount of cleaning compound
recommended by the cleaning compound
manufacturer;P
(iii) Rub together vigorously for at least 10
to 15 seconds while:
(I) Paying particular
attention to removing soil from underneath the fingernails during the cleaning
procedure,P and
(II) Creating friction on the surfaces of the
hands and arms or surrogate prosthetic devices for hands and arms, finger tips,
and areas between the fingers;P
(iv) Thoroughly rinse under clean, running
warm water;P and
(v) Immediately follow the cleaning procedure
with thorough drying using disposable paper towels, a continuous towel system,
or a heated-air hand drying device.P
3. To avoid re-contaminating their
hands or surrogate prosthetic devices, food employees may use disposable paper
towels or similar clean barriers when touching surfaces such as manually
operated faucet handles on a handwashing sink or the handle of a restroom
door.
4. 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 or surrogate prosthetic devices.
(c)
When to Wash.
1. Food employees shall clean their hands and
exposed portions of their arms immediately before engaging in food preparation
including working with exposed food, clean equipment and utensils, and
unwrapped single-service and single-use articlesP
and:
(i) After touching bare human body parts
other than clean hands and clean, exposed
arms;P
(ii) After using the toilet
room;P
(iii) After caring for or handling service
animals or aquatic animals;P
(iv) After coughing, sneezing, using a
handkerchief or disposable tissue, using tobacco products or electronic devices
that simulate tobacco smoking, eating or drinking, except for drinking from a
closed beverage container and the container is handled to prevent contamination
of the hands;P
(v) After handling soiled equipment or
utensils;P
(vi) During food preparation, as often as
necessary to remove soil and contamination and to prevent cross contamination
when changing tasks;P
(vii) When switching between working with raw
food and working with ready-to-eat food;P
(viii) Before donning gloves to initiate a
task that involves working with food;P and
(ix) After engaging in other activities that
contaminate the hands.P
2. All employees shall wash hands before
leaving the restroom. All food employees leaving the restroom shall wash their
hands again upon re-entering the food preparation
area.P
(d)
Where to Wash. Food
employees shall clean their hands in a handwashing sink or approved automatic
handwashing facility and may not clean their hands in a sink used for food
preparation or warewashing, or in a service sink or curbed cleaning facility
used for the disposal of mop water and similar liquid
waste.Pf
(e)
Hand Antiseptics.
1. A hand antiseptic used as a topical
application, a hand antiseptic solution used as a hand dip, or a hand
antiseptic soap shall:
(i) Comply with one of
the following:
(I) 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,Pf or
(II) Have active antimicrobial ingredients
that are listed in the FDA monograph for OTC Health-Care Antiseptic Drug
Products as an antiseptic handwash;Pf
(ii) Consist only of components
which the intended use of each complies with one of the following:
(I) A threshold of regulation exemption as
specified in 21 CFR
170.39 - Threshold of Regulation for
Substances used in Food-contact Articles,Pf
or
(II) 21 CFR 178 - Indirect Food
Additives: Adjuvants, Production Aids, and Sanitizers as regulated for use as a
food additive with conditions of safe use,Pf
or
(III) A determination of
generally recognized as safe (GRAS). Partial listings of substances with food
uses that are GRAS may be found in 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 in FDA's Inventory of GRAS
Notices,Pf or
(IV) A prior sanction listed under 21 CFR 181
- Prior Sanctioned Food Ingredients,Pf or
(V) A Food Contact Notification that is
effective;Pf and
(iii) Be applied only to hands that are
clean.Pf If a hand antiseptic or a hand antiseptic
solution used as a hand dip does not meet the criteria specified under
paragraph 1.(ii) of this subsection, use shall be:
(I) Followed by thorough hand rinsing in
clean water before hand contact with food or by the use of
gloves;Pf or
(II) Limited to situations that involve no
direct contact with food by the bare
hands.Pf
3. A hand antiseptic solution used as a hand
dip shall be maintained clean and at a strength Equivalent to at least 100 mg/L
chlorine.Pf
(f)
Fingernails. Employees shall
keep their fingernails clean and trimmed to no longer than the tips of the
fingers.Pf Unless wearing gloves in good repair, a
food employee may not wear fingernail polish or artificial fingernails when
working with exposed food.Pf
(g)
Bandages, Finger Cots, or Finger
Stalls. If used, an impermeable cover such as a bandage, finger cot or
finger stall located on the wrist, hand or finger of a food employee working
with exposed food shall be covered with a single-use glove.
(h)
Jewelry. Except for a plain
ring such as a wedding band food employees may not wear jewelry including
medical information jewelry on their arms and hands while preparing
food.
(i)
Clothing.
The outer layer of clothing of all employees shall be clean. Food employees
shall wear clean outer clothing to prevent contamination of food, equipment,
utensils, linen, and single-service and single-use articles.
(j)
Hair Restraints.
1. Employees preparing or handling food shall
use effective and clean, disposable or easily cleanable nets or other hair
restraints approved by the Health Authority, worn properly to restrain loose
hair including beards and mustaches longer than one half inch.
2. This does not apply to 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 utensils and linens and unwrapped single-service and
single-use articles.
(k)
Hygienic Practices.
1. Employees
shall not use any form of tobacco products, or electronic devices that simulate
tobacco smoking, while engaged in food preparation or service, nor while in
areas used for equipment or utensil washing and storage, food preparation or
food storage. Employees shall only use tobacco products or electronic devices
that simulate tobacco smoking in approved designated areas.
2. Employees shall consume food only in
approved designated areas separate from food preparation and serving areas,
equipment or utensil areas and food storage areas. However, drinking from a
single service beverage cup with a secure lid and straw that is handled to
prevent contamination of the employee's hands, the container, exposed food,
clean equipment, utensils and linens, unwrapped single-service and single-use
articles will be allowed.
3.
Employees shall handle soiled tableware in a way that minimizes contamination
of their hands.
4. Employees shall
maintain a high degree of personal cleanliness and shall use good hygienic
practices during all working periods in the food service
establishment.
5. Food employees
experiencing persistent sneezing, coughing, or runny nose that cause discharges
from the eyes, nose, or mouth may not work with exposed food; clean equipment;
utensils, and linens; or unwrapped single-service articles.
6. 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 DPH Rule
511-6-1-.07(5)(o)(2)(ii) through
(vi).Pf Food
employees with service animals may handle or care for their service animal and
food employees may handle or care for fish in aquariums or molluscan shellfish
or crustacean in display tanks if they wash their hands as specified in this
Rule.
(6)
Responding To Contamination Events. A food establishment shall
have written procedures for employees to follow and an EPA registered
disinfectant effective against Norovirus available on-site at the food service
establishment when responding to vomiting or diarrheal events that involve the
discharge of vomitus or fecal matter onto surfaces in the food service
establishment. The procedures shall address the specific actions employees must
take to minimize the spread of contamination and the exposure of employees,
consumers, food, and surfaces to vomitus or fecal
matter.Pf
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.