Food Safety Regulations: Adulteration and Employee Responsibilities, Study Guides, Projects, Research of Public Health

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MISSOURI FOOD CODE DOCUMENT

Missouri Food Code

for the

Food Establishments of

the State of Missouri

Publication Date: June 3, 2013

MISSOURI FOOD CODE

Table of Contents

Chapter Title Page

Chapter 1 Definitions 3

Chapter 2 Management and Personnel 19

Chapter 3 Food 29

Chapter 4 Equipment, Utensils, and Linens 55

Chapter 5 Water, Plumbing, and Waste 75

Chapter 6 Physical Facilities 85

Chapter 7 Poisonous or Toxic Materials 92

Chapter 8 Compliance and Enforcement 95

Index 100

for a purpose or purposes other than coloring or any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological processes of produce of the soil and thereby affecting its color, whether before or after harvest. “Adulterated” means a food that: (1) Bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this subdivision if the quantity of such substance in such food does not ordinarily render it injurious to health; or (2) Bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of Section 196.085, RSMo; or (3) Consists, in whole or in part, of any diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or (4) Has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered diseased, unwholesome, or injurious to health; or (5) Is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (6) Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (7) Any valuable constituent has been in whole or in part omitted or abstracted therefrom; or (8) Any substance has been substituted wholly or in part therefore; or (9) Damage or inferiority has been concealed in any manner; or (10) Any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is; or (11) It is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (0.4%), harmless natural wax not in excess of four-tenths of one percent (0.4%), harmless natural gum, and pectin; provided, that this subdivision shall not apply to any confectionery, by reason of its containing less than five percent (5%) by weight of alcohol, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances; or (12) It bears or contains a coal tar color other than one from a batch, which has been certified under authority of the Federal Food, Drug and Cosmetic Act (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.). “Approval to open” means certificate issued by the regulatory authority authorizing a food establishment to commence operations as a food establishment due to its meeting minimum requirements set forth by the regulatory authority. “Approved” means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health. Asymptomatic.

(1) “Asymptomatic” means without obvious symptoms; not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice. (2) “Asymptomatic” includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested. “aw” 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 AW. “Balut” means an embryo inside a fertile egg that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching. “Beverage” means a liquid for drinking, including water. “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. “Casing” means a tubular container for sausage products made of either natural or artificial (synthetic) material. “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. “CFR” means Code of Federal Regulations and is a compilation of the general and permanent rules published in the Federal Register by the executive department and agencies of the federal government. CIP. (1) “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. (2) “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. “Commingle” means: (1) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label, or (2) To combine shucked shellfish from containers with different container codes or different shucking dates. Comminuted. (1) “Comminuted” means reduced in size by methods including chopping, flaking, grinding, or mincing. (2) “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 two (2) or more types of meat that have been reduced in size and combined, such as sausages made from two (2) or more meats. “Conditional employee” means a potential food employee to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed

Code, must meet the standards of the EPA, Department of Natural Resources or the department prior to serving to the general public. (2) “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. “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. Easily Cleanable. (1) “Easily cleanable” means a characteristic of a surface that: (a) Allows effective removal of soil by normal cleaning methods; (b) Is dependent on the material, design, construction, and installation of the surface; and (c) 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. (2) “Easily cleanable” includes a tiered application of the criteria that qualify the surface as easily cleanable as specified in Subparagraph (1) of this definition to different situations in which varying degrees of cleanability are required such as: (a) 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 (b) The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area. “Easily moveable” means: (1) Portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and (2) 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. Egg. (1) “Egg” means the shell egg of avian species such as chicken, duck, goose, guinea, quail, ratites or turkey. (2) “Egg” does not include: (a) A balut; (b) The egg of reptile species such as alligator; or (c) An egg product. Egg Product. (1) “Egg product” means all, or a portion of, the contents found inside eggs separated from the shell and pasteurized in a food processing plant, with or without added ingredients, intended for human consumption, such as dried, frozen or liquid eggs. (2) “Egg product” does not include food, which contains eggs only in a relatively small proportion such as cake mixes. “Employee” means the operator, person in charge, food employee, 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. “Enterohemorrhagic Escherichia coli ” (EHEC) means E. coli , which cause hemorrhagic colitis, meaning bleeding enterically or bleeding from the intestine. The term is typically used in association with E. coli that has the capacity to produce Shiga toxins and to cause attaching and effacing lesions in the intestine. EHEC is a subset of Shiga toxin-producing Escherichia coli (STEC), whose members produce additional virulence factors. Infections with EHEC may be asymptomatic but are classically associated with bloody diarrhea (hemorrhagic colitis) and hemolytic uremic syndrome (HUS) or thrombotic thrombocytopenic purpura (TTP). Examples of serotypes of EHEC include E. coli O157:H7; E. coli O157:NM; E. coli O26:H11; E. coli O145:NM; E. coli O103:H2; or E. coli O111:NM. Also see shiga toxin- producing E. coli. “EPA” means the U.S. Environmental Protection Agency. Equipment. (1) “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. (2) “Equipment” does not include apparatuses 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. “Exclude” means to prevent a person from working as an employee in a food establishment or entering a food establishment as an employee. Extensive renovation. (1) “Extensive renovation” means a physical change to portions of the food establishment designated for food preparation, food storage, and/or warewashing. Examples include, but are not limited to, building additions, demolition of interior or exterior walls, the addition or removal of hand sinks, three compartment sinks or service sinks. Repair or replacement of broken, dated or worn equipment/items shall not be considered an extensive renovation. (2) “Extensive renovation” means a substantial change in the foods prepared, sold or served as to require additional equipment or different food handling processes or procedures. This includes changing the type of food service operation, such as fast food to full service. “FDA” means the U.S. Food and Drug Administration. Fish. (1) “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. (2) “Fish” includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner. “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.

(h) Where local codes allow, individual stands in which only foods meeting the following conditions are sold, sampled or served: (i) Non-potentially hazardous processed food, 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; (ii) 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; (iii) The seller only sells, samples or serves the food directly to the end consumer; (iv) 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 in order of predominance, the net weight of the food in English or metric units, and a statement that the product is prepared in a kitchen that is not subject to inspection by the department. It is recommended that honey manufacturers/processors include this additional statement to their product label: “Honey is not recommended for infants less than twelve (12) months of age”; and (v) 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 if the foods specified in Part 3. H. (I) of this definition, are sold, sampled or served in unpackaged, individual portions. The department shall have the final authority in determining whether a food is non-potentially hazardous and may enjoin individuals who violate the provisions of this subparagraph from selling, sampling or serving these foods. Food Processing Plant. (1) “Food processing plant” means a commercial operation that manufactures, packages, labels, or stores food for human consumption, and provides food for sale or distribution to other business entities such as food processing plants or food establishments. (2) “Food processing plant” does not include a food establishment. Game Animal. (1) “Game animal” means an animal, the products of which are food that is not classified as livestock, poultry or fish. (2) “Game animal” includes mammals such as reindeer, deer, antelope, water buffalo, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes. (3) “Game animal” does not include ratites , such as ostrich, emu, and rhea. “Grade A standards” means the requirements of the United States Public Health Service/FDA “Grade A Pasteurized Milk Ordinance” with which certain fluid and dry milk and milk products comply.

“HACCP plan” means a written document that delineates the formal procedures for following the Hazard Analysis and Critical Control Point principles developed by the National Advisory Committee on Microbiological Criteria for Foods. Handwashing Sink. (1) “Handwashing sink” means a lavatory, a basin or vessel for washing, a wash basin, or a plumbing fixture especially placed for use in personal hygiene and designed for the washing of the hands. (2) “Handwashing sink” includes an automatic handwashing facility. “Hazard” means a biological, chemical, or physical property that may cause an unacceptable consumer health risk. “Health menace” means a situation that does not carry the urgency of an imminent health hazard, yet carries the threat of potentially serious health consequences if not corrected. “Health practitioner” means a physician licensed to practice medicine, a nurse practitioner, or physician assistant. “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. “Highly susceptible population” means persons who are more likely than other people in the general population to experience foodborne disease because they are: (1) Immunocompromised; preschool age children, or older adults; and (2) Obtaining food at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center. “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: (1) The number of potential injuries, and (2) The nature, severity, and duration of the anticipated injury. “Injected” meat means a meat to which liquid substances have been introduced into its interior by processes that are referred to as “injecting,” “pump marinating,” or “stitch pumping.” Juice. (1) “Juice” means the aqueous liquid expressed or extracted from one (1) or more fruits or vegetables, purées of the edible portions of one (1) or more fruits or vegetables, or any concentrates of such liquid or purée. (2) “Juice” does not include, for purposes of HACCP, liquids, purées, or concentrates that are not used as beverages or ingredients of beverages. “Kitchenware” means food preparation and storage utensils. “Law” means applicable local, state, and federal statutes, regulations, and ordinances. “Linens” means fabric items such as cloth hampers, cloth napkins, tablecloths, wiping cloths, and work garments including cloth gloves. “Livestock” means cattle, sheep, swine, goat, horse, mule or other equine. Major Food Allergen.

(1) “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. (2) “Personal care items” include items such as medicines; first aid supplies; and other items such as cosmetics; and toiletries such as toothpaste and mouthwash. “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. (1) Values between zero (0) and seven (7) indicate acidity; (2) Values between seven (7) and fourteen (14) indicate alkalinity; and (3) The value for pure distilled water is seven (7), which is considered neutral. “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. “Plumbing fixture” means a receptacle or device that: (1) Is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or (2) Discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises. “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. “Poisonous or toxic materials” means substances that are not intended for ingestion and are included in four (4) categories: (1) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals; (2) Pesticides, which include substances such as insecticides and rodenticides; (3) 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 (4) 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. Potentially Hazardous Food. (1) “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: (a) The rapid and progressive growth of infectious or toxigenic microorganisms; (b) The growth and toxin production of Clostridium botulinum ; or (c) In raw shell eggs, the growth of Salmonella Enteritidis. (2) “Potentially hazardous food” includes an animal food that is raw or heat-treated; a plant food that is heat-treated or consists of raw seed sprouts; cut melons; cut leafy greens; cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; and garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation.

(3) “Potentially hazardous food” does not include: (a) An air-cooled hard-boiled egg with shell intact; (b) A food with an Aw value of eighty-five one-hundredth (0.85) or less; (c) A food with a pH level of four and six-tenths (4.6) or below when measured at seventy-five degrees Fahrenheit (75ºF); (d) A food, in an unopened hermetically sealed container, that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution; and (e) A food for which laboratory evidence demonstrates that the rapid and progressive growth of infectious or toxigenic microorganisms or the growth of S. Enteriditis in eggs or C. botulinum cannot occur, such as a food that has an Aw value above eighty-five one-hundredths (0.85) and a pH level above four and six-tenths (4.6) when measured at seventy-five degrees Fahrenheit (75ºF)and that may contain a preservative, other barrier to the growth of microorganisms, or a combination of barriers that inhibit the growth of microorganisms. (f) A food that does not support the growth of microorganisms as specified under Paragraph 1. 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. “Poultry” means: (1) Any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites or squabs), whether live or dead, as defined by USDA; and (2) Any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined by USDA. “Premises” means: (1) The physical facility, its contents, and the contiguous land or property under the control of the operator; or (2) The physical facility, its contents, and the land or property not described in Subparagraph (1) of this definition if its facilities and contents are under the control of the operator 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. “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. Priority Item. (1) “Priority item” means a provision that, if in noncompliance, is more likely than other violations to contribute to food contamination, illness, or an environmental health hazard. A priority item’s application supports, facilitates or enables the elimination, prevention or reduction of hazards associated with foodborne illness or injury to an acceptable level. (2) “Priority item” includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, handwashing; (3) “Priority item” includes an item that requires the incorporation of specific actions, equipment or procedures to attain control of risk factors that contribute to

(1) “Reduced oxygen packaging” means: (a) 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 atmosphere (approximately twenty-one percent (21%) at sea level); and (b) A process as specified in Subparagraph (1) (a) of this definition that involves a food for which the hazards Clostridium botulinum or Listeria monocytogenes require control in the final packaged form. (2) “Reduced oxygen packaging” includes: (a) 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; (b) 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; (c) 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; (d) Cook chill packaging, in which cooked food is hot filled into impermeable bags which have the air expelled and are then sealed or crimped closed. The bagged food is rapidly chilled and refrigerated at temperatures that inhibit the growth of psychotropic pathogens; or (e) Sous vide packaging, in which raw or partially cooked food is placed in a hermetically sealed, impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the growth of psychotropic pathogens. “Refuse” means solid waste not carried by water through the sewage system. “Regulatory authority” means the local, state, or federal enforcement body or authorized representative having jurisdiction over the food establishment. “Reminder” means a written statement concerning the health risk of consuming animal foods raw, undercooked, or without otherwise being processed to eliminate pathogens. “Re-service” means the transfer of food that is unused and returned by a consumer after being served or sold and in the possession of the consumer, to another person. “Restrict” means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils, linens, or unwrapped single- service or single-use articles. “Restricted use pesticide” means a pesticide product labeled for use only by or under the direct supervision of a certified applicator.

“Risk” means the likelihood that an adverse health effect will occur within a population as a result of a hazard in a food. “Safe material” means: (1) 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; (2) An additive; or (3) Other materials that are not additives and that are used in conformity with applicable regulations of the Food and Drug Administration. “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 five (5) logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance. “Sealed” means free of cracks or other openings that allow the entry or passage of moisture. “Service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purpose of this Code. “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. “Sewage” means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution. “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. “Shellstock” means raw, in-shell molluscan shellfish. “Shiga toxin-producing Escherichia coli” (STEC) means any E. coli capable of producing Shiga toxins (also called verocytotoxins or “Shiga-like” toxins). Examples of serotypes of STEC include both O157 and non-O157 E. coli. Also see enterohemorrhagic ESCHERICHIA COLI. “Shucked shellfish” means molluscan shellfish that have one (1) or both shells removed. “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. Single-Use Articles. (1) “Single-use articles” means utensils and bulk food containers designed and constructed to be used once and discarded. (2) “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.

Chapter 2: Management and Personnel

2-101.11 Assignment. (A) Except as specified in ¶ (B) of this section, 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 P. (B) In a food establishment with two (2) or more separate food operations/departments that are the legal responsibility of the same operator that are located on the same premises, the operator may, during specific time periods when food is not being prepared, packaged, or served, designate a single person in charge who is present on the premises during all hours of operation, and who is responsible for each food operation/department on the premises P_._ 2-102.11 Demonstration of Knowledge. 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 P; (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 P; or (C) Responding correctly to the inspector’s questions as they relate to the specific food operation P. The areas of knowledge include: (1) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee P; (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 P; (3) Describing the symptoms associated with the diseases that are transmissible through food P; (4) Explaining the significance of the relationship between maintaining the time and temperature of potentially hazardous food and the prevention of foodborne illness P; (5) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish P; (6) Stating the required food temperatures and times for safe cooking of potentially hazardous food including meat, poultry, eggs, and fish P; (7) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of potentially hazardous food P; (8) Describing the relationship between the prevention of foodborne illness and the management and control of the following P: (a) Cross contamination P, (b) Hand contact with ready-to-eat foods P, (c) Handwashing P, and (d) Maintaining the food establishment in a clean condition and in good repair P; (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 P;

(10) Explaining the relationship between food safety and providing equipment that is P: (a) Sufficient in number and capacity P, and (b) Properly designed, constructed, located, installed, operated, maintained, and cleaned P; (11) Explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment P; (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 P; (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 P; (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 P; (15) Explaining the details of how the person in charge and food employees comply with the HACCP plan if a plan is required by law, this Code, or an agreement between the regulatory authority and the food establishment P; (16) Explaining the responsibilities, rights, and authorities assigned by this Code to the P: (a) Food employee P, (b) Conditional employee P, (c) Person in charge P, (d) Regulatory authority P; and (17) Explaining how the person in charge, food employees, and conditional employees comply with reporting responsibilities and exclusion or restriction of food employees P.

2-102.20 Food Protection Manager Certification. A person in charge who demonstrates knowledge by being a food protection manager that is certified by a food protection manager certification program that is evaluated and listed by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs is deemed to comply with ¶ 2- 102.11(B). 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;