105 CMR ; Minimum Sanitation Standards for Food Establishments

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1 BURLINGTON BOARD OF HEALTH 61 Center Street Burlington, MA Tel: Fax: CMR ; Minimum Sanitation Standards for Food Establishments The Retail Food Code (105 CMR 590) is the state regulation that provides sanitation standards for all Food Establishments. The MA Dept. of Public Health recently adopted portions of the 2013 FDA Food Code through 105 CMR 590. The local Board of Health enforces these regulations. A copy of the regulations can be found on our webpage: go to Board of Health, Regulations, Permits/Licenses, Food Service Establishments and choose 2013 Food Code Merged with 105 CMR 590 Below are important changes: Critical and Non-Critical violations are referred to as; 1) Priority Item P : violations associated with foodborne illness relating to but not limited to cooking, reheating, cooling and hand washing. 2) Priority Foundation Item Pf : violations associated with foodborne illness relating to but not limited to equipment, HACCP plans, documentation, record keeping and labeling. 3) Core Item C : violations associated with general sanitation, operational controls, sanitation standard operating procedures (SSOPs), facilities or structures, equipment design or general maintenance. Potentially Hazardous Food (PHF) is referred to as; Time/Temperature Control for Safety (TCS) food: means a food that can support the growth of bacteria if not controlled by temperature ( i.e. held hot at or above 135 F or held cold at or below 41 F) or a food that can support the growth of bacteria after removal from temperature control and held at ambient temperatures if not discarded after a specific time period (i.e. discarded after 4 hours, such as with time as a public health control). A non-phf is referred to as a non-tcs food. The following foods are now considered TCS foods: a) cut leafy greens; such as iceberg lettuce, romaine lettuce, leaf lettuce butter lettuce, baby leaf lettuce, escarole, endive, spring mix, spinach, cabbage, kale, arugula and chard if leaves have been cut, shredded, sliced, chopped or torn. Does not apply to herbs. b) cut tomatoes or mixtures including cut tomatoes. FC requires the person-in-charge (PIC) to be responsible for all duties specified in Food Code (see Duties attached). FC requires the PIC to demonstrate knowledge (see Knowledge attached). Effective 10/5/18

2 FC the food establishment shall have a Vomit and Diarrhea Clean-Up Procedure (Health Department will provide template if needed). A vomit and diarrhea clean up kit is required. You can make your own using the list in the template or you can purchase a Bodily Fluid Clean Up Kit. FC Juice made on site at the food establishment that is packaged for sale has minimum standards. Contact Health Department for details if this applies to your operation. FC requires the date to be recorded on the shellstock tag or label when the last shellstock (i.e. shellfish) from the container or bag is sold or served. If shellstock are removed from its tagged or labeled container; (a) Preserve source identification by using a record keeping system and (b) ensure that shellstock from one tagged or labeled container are not commingled with shellstock from another container with different growing areas as noted on the tag or label before being ordered by the consumer. FC requires raw fruits and vegetables to be thoroughly washed in water to remove soils and other contaminants before being cut, combined with other ingredients, cooked, served or offered for human consumption in ready-to-eat (RTE) form. This does not apply to fruits and vegetables intended for washing by the consumer before consumption such as in a produce section of a market. FC requires that fruits and vegetables that are cooked for hot holding be cooked to a temperature of 135 F or above and held at or above 135 F. FC requires any non-continuous cooking of raw animal foods (i.e. partially cooking raw chicken breast to be fully cooked at a later time) to be partially cooked for no longer than 60 minutes, cooled immediately as required and then held frozen or cold (at or below 41 F) and prior to sale or service, cooked to the required cooking temperature. This procedure requires approval from the Health Department. FC (C) requires the food establishment that serves or sells raw, rawmarinated, partially cooked, or marinated-partially cooked fish that will be served or sold in RTE form shall have a written agreement or statement from the supplier or aquaculturist stipulating that the fish were farm raised or frozen to destroy parasites. Keep on file for at least 90 days after fish was served or sold. FC (A)(1) states minimum hot holding temperature of 135 F required. FC requires date marking on ready-to-eat, TCS foods prepared and held in the food establishment for more than 24 hours. The marking shall indicate the date or day by which the food shall be consumed on the premises, sold or discarded when held at or below 41 F for a maximum of 7 days. The day of preparation or the day the container was opened shall be counted as Day 1 (the day or date marked may not exceed manufacturer s use-by-date if based on food safety).

3 FC Time as a Public Health Control (TPHC); has many changes. The Health Department will reach out to all food establishments who currently hold a variance to use TPHC and will review those changes with the PIC. FC requires food establishments that serve highly susceptible populations (HSP) such as but not limited to, hospitals, nursing homes, assisted living, day care centers, schools (with children 9 years and less) shall substitute pasteurized eggs or pasteurized egg products in the preparation of Caesar salad, hollandaise and béarnaise sauce, mayonnaise, meringue, eggnog, ice cream and egg fortified beverages pooling of eggs. The following foods may not be served or offered for sale in a ready-to-eat from: raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish and steak tartare, partially cooked animal food such as lightly cooked fish, rare meat, soft-cooked eggs that are made from raw eggs and meringue and raw seed sprouts. FC requires dishwashers shall automatically dispense detergents and sanitizers and incorporate a visual means to verify that detergents and sanitizers are delivered or a visual or audible alarm to signal if the detergents and sanitizers are not delivered to the respective washing and sanitizing cycles. FC requires food thermometer shall have a suitable small diameter probe that is designed to measure the temperature of thin masses of food such as meat patties, chicken wings and fish fillets. FC requires testing of the rinse temperature in a mechanical high temperature dishwasher using an irreversible registering temperature indicator (strips or maximum registering thermometer). FC changes the minimum water temperature of hand wash sinks to 100 F through hot water faucet or through a mixing valve. FC prohibits the use of toilets and urinals to dispose of mop water. All food establishments shall have a mop sink or utility sink for this use only. FC (K) requires the food establishment notify customers that a copy of the most recent establishment inspection report is available upon request by posting a sign or placard in a location in the food establishment that is conspicuous to customers or by another method acceptable to the Board of Health. (Board of Health has provided a notice you may use.) Reminders: All food establishments must have a person in charge (PIC) during all hours of operation (from open to close). Communicate to your staff who the PIC is during their shifts. In Burlington the PIC must be a certified food protection manager (CFPM) and the certificate needs to be on site. A $50 fine will be issued if no CFPM is on site as required per Burlington Board of Health s Regulations Governing Food Service Establishments.

4 Food Employee Reporting Agreement Preventing Transmission of Diseases through Food by Infected Food Employees The purpose of this agreement is to ensure that Food Employees and Conditional Employees notify the Person in Charge when they experience any of the conditions listed so that the Person in charge can take appropriate steps to preclude the transmission of foodborne illness. I AGREE TO REPORT TO THE PERSON IN CHARGE: A. SYMPTOMS OF: 1. Diarrhea 2. Fever 3. Vomiting 4. Jaundice (yellowing of skin or eyes) 5. Sore throat with fever 6. Lesions containing pus on the hand, wrist, or an exposed body part (such as boils and infected wounds, however small.) B. MEDICAL DIAGNOSIS OF BEING ILL WITH: norovirus, shiga toxin-producing E. coli, S. typhi (typhoid fever), Shigella spp., non-typhoidal Salmonella, and Hepatitis A, as well as other diseases that may be transmitted through food per 105 CMR Contact the Food Protection Program at or The Epidemiology Program at for additional information. C. PAST MEDICAL DIAGNOSIS OF DISEASES LISTED ABOVE: Have you ever been diagnosed as being ill with one of the diseases listed above? If you have, what was the date of the diagnosis? D. HIGH-RISK CONDITIONS: Exposure to or suspicion of causing any confirmed outbreak of the diseases listed under Part B above. A household member has been diagnosed with diseases listed in Part B above. A household member attending or working in a setting experiencing a confirmed outbreak of one of the diseases listed in part B above. I have read (or had explained to me) and understand the requirements concerning my responsibilities under 105 CMR 590/2013 Food Code and this agreement to comply with the reporting requirements specified above involving symptoms, diagnoses, and high-risk conditions specified. I also understand that should I experience one of the above symptoms or high-risk conditions, or should I be diagnosed with one of the above illnesses, I may be asked to change my job or to stop working altogether until such symptoms or illnesses have resolved. I understand that failure to comply with the terms of this agreement could lead to action by the food establishment or the food regulatory authority that may jeopardize my employment and may involve legal action against me. Food Employee or Conditional Food Employee Name (Please Print) Signature of Above-named Individual Signature of Permit Holder or Representative Date Date This is a model form created by MA Department of Public Health which is offered as a tool for industry to use to aid in compliance with 105 CMR (C) and the Federal Food Code The use of this form is voluntary and is not required by state regulation. Revised: Oct. 2018

5 2-102 Knowledge Demonstration. [ (B)] Based on the RISKS 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 and CRITICAL CONTROL POINT principles, and the requirements of this Code. The PERSON IN CHARGE shall demonstrate this knowledge by: (A) Complying with this Code by having no violations of PRIORITY ITEMS during the current inspection; Pf (B) Being a certified FOOD protection manager who has shown proficiency of required information through passing a test that is part of an ACCREDITED PROGRAM; Pf and (C) 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: (a) Cross contamination, Pf (b) Hand contact with READY-TO-EAT FOODS, Pf (c) Handwashing, Pf and (d) Maintaining the FOOD ESTABLISHMENT in a clean condition and in good repair; Pf (9) 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

6 (10) Explaining the relationship between FOOD safety and providing EQUIPMENT that is: (a) Sufficient in number and capacity, Pf and (b) 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 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 Code; 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 Code, or an agreement between the REGULATORY AUTHORITY and the FOOD ESTABLISHMENT; Pf (16) Explaining the responsibilities, rights, and authorities assigned by this Code to the: (a) FOOD EMPLOYEE, Pf (b) CONDITIONAL EMPLOYEE, Pf (c) PERSON IN CHARGE, Pf (d) REGULATORY 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

7 2-103 Duties Person in Charge. [ (D)] 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 ; Pf (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; Pf (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; Pf (D) EMPLOYEES are effectively cleaning their hands, by routinely monitoring the EMPLOYEES' handwashing; Pf (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, unadultered, and accurately presented, by routinely monitoring the EMPLOYEES' observations and periodically evaluating FOODS upon their receipt; Pf (F) EMPLOYEES are verifying that FOODS delivered to the FOOD 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, and accurately presented; Pf (G) EMPLOYEES are properly cooking TIME/TEMPERATURE CONTROL FOR SAFETY 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 monitor-ing of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under and (B); Pf (H) EMPLOYEES are using proper methods to rapidly cool TIME/TEMPERATURE CONTROL FOR SAFETY 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; Pf (I) EMPLOYEES are properly maintaining the temperatures of TIME/TEMPERATURE CONTROL FOR SAFETY FOODS during hot and cold holding through daily oversight of the EMPLOYEES routine monitoring of FOOD temperatures; Pf (J) CONSUMERS who order raw; or partially cooked READY-TOEAT FOODS of animal origin are informed as specified under that the FOOD is not cooked sufficiently to ensure its safety; Pf (K) 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

8 (L) 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 ; Pf (M) 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) EMPLOYEES are properly trained in FOOD safety, including food allergy awareness, as it relates to their assigned duties; Pf (O) FOOD EMPLOYEES and CONDITIONAL EMPLOYEES are informed in a verifiable manner of their responsibility to report in accordance with LAW, to the PERSON IN CHARGE, information about their health and activities as they relate to diseases that are transmissible through FOOD, as specified under (A). Pf and (P) Written procedures and plans, where specified by this Code and as developed by the FOOD ESTABLISHMENT, are maintained and implemented as required. Pf