4626 FOOD CODE; FOOD MANAGERS

4626.0020 STATEMENT OF APPLICATION AND DEFINITIONS. 1-201.10 Subpart 1. Applicability. The terms used in this chapter have the meanings given them in this part. Subp. 2. Additive. A. "Food additive" has the meaning given in the Federal Food, Drug, and Cosmetic Act, United States …

4626.0024 RESPONSIBILITY TO MEET STANDARDS. The licensee shall meet the standards that this Code prescribes, by carrying out its requirements directly or ensuring that other entities subject to the licensee's control or direction do so. The licensee bears the responsibility for c…

4626.0025 ASSIGNMENT OF PERSON IN CHARGE. 2-101.11 The licensee 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.P2 Statutory Authority: MS s 31.101; 31.…

4626.0030 DEMONSTRATION OF KNOWLEDGE BY PERSON IN CHARGE. 2-102.11 Based on the risks inherent to the food operation, during inspections and upon request by the regulatory authority, the person in charge shall demonstrate knowledge of foodborne disease prevention, application of …

4626.0033 CERTIFIED FOOD PROTECTION MANAGER (CFPM) REQUIREMENTS FOR FOOD ESTABLISHMENTS. A. A food establishment licensee shall employ a certified food protection manager (CFPM) for each establishment including a food establishment that reheats ready-to-eat TCS foods for hot hold…

4626.0035 DUTIES OF PERSON IN CHARGE. 2-103.11 The person in charge shall: A. ensure food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified in part 4626.1425;P2 B. ensure persons unnecessary to the food esta…

4626.0040 RESPONSIBILITY OF LICENSEE; PERSON IN CHARGE; FOOD EMPLOYEES; AND CONDITIONAL EMPLOYEES. 2-201.11 A. The licensee shall require food employees and conditional employees to report to the person in charge information about their health and activities as they relate to dis…

4626.0045 EXCLUSIONS AND RESTRICTIONS. 2-201.12 The person in charge shall: A. exclude a food employee from a food establishment if the food employee is ill with vomiting or diarrhea;P1 B. exclude a food employee from working with exposed food, clean equipment, and clean utensils…

4626.0050 REMOVAL, ADJUSTMENT, OR RETENTION OF EXCLUSIONS AND RESTRICTIONS. 2-201.13 The exclusion specified in part 4626.0045, item A, may be removed by the person in charge after the food employee has been asymptomatic for at least 24 hours. The exclusion and restriction specif…

4626.0055 [Repealed, 43 SR 295] Published Electronically: January 2, 2019

4626.0060 [Repealed, 43 SR 295] Published Electronically: January 2, 2019

4626.0065 CLEAN HANDS. 2-301.11 A food employee shall keep hands and exposed portions of arms clean.P1 Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011 History: 23 SR 519; 43 SR 295 Published Electronically: January 2, 2019

4626.0070 CLEANING PROCEDURE. 2-301.12 A. Except as specified in item D, 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 soap in a handwashing sink that is equipped …

4626.0075 WHEN TO WASH HANDS. 2-301.14 A food employee shall clean the hands and exposed portions of the arms or surrogate prosthetic devices as specified in part 4626.0070 at the following times: A. immediately before: (1) engaging in food preparation including working with expo…

4626.0080 WHERE TO WASH HANDS. 2-301.15 Food employees shall clean their hands in a handwashing sink or approved automatic handwashing facility and shall not clean their hands in a sink used for food preparation or warewashing or in a service sink or a curbed cleaning facility us…

4626.0085 HAND ANTISEPTICS. 2-301.16 A. A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap must: (1) comply with 1 of the following requirements: (a) be an approved drug that is listed in the FDA publication A…

4626.0090 FINGERNAIL MAINTENANCE. 2-302.11 A. Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough.P2 B. Unless wearing intact gloves in good repair, food employees shall not wear fingernail polish or art…

4626.0095 JEWELRY PROHIBITION. 2-303.11 Food employees shall not wear jewelry, including medical information jewelry, on their arms and hands while preparing food, except for a plain ring such as a flat, smooth band. Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08…

4626.0100 CLOTHING; CLEAN CONDITION. 2-304.11 A food employee shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles. Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.01…

4626.0105 EATING, DRINKING, OR USING TOBACCO. 2-401.11 A. Except as specified in item B, an employee shall eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed food; clean equipment, utensils, and linens; unwrapped single-service and …

4626.0110 DISCHARGES FROM EYES, NOSE, AND MOUTH. 2-401.12 A food employee experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth shall not work with exposed food; clean equipment, utensils, and linens; or unwrapped single-…

4626.0115 HAIR RESTRAINTS. 2-402.11 A. Except as provided in item B, a food employee shall wear hair restraints, such as a hat, hair covering, or net, a beard restraint, and clothing that covers body hair. Hair restraints must be designed and worn to effectively keep hair from co…

4626.0120 ANIMAL HANDLING PROHIBITION. 2-403.11 A. Except as specified in item B, a food employee shall not care for or handle animals that may be present such as patrol dogs, service animals, or animals that are allowed under part 4626.1585, item B, subitems (2) to (5).P2 B. A f…

4626.0123 CLEANUP OF VOMITING AND DIARRHEAL EVENTS. 2-501.11 A food establishment must have procedures for employees to follow when responding to events that involve the discharge of vomitus or fecal matter onto surfaces in the food establishment. The procedures must address the …

4626.0125 SAFE AND NOT ADULTERATED. 3-101.11 Food must be safe and not adulterated, as specified in Minnesota Statutes, section 34A.02.P1 Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011 History: 23 SR 519; 43 SR 295 Published Electronically: Janua…

4626.0130 COMPLIANCE WITH FOOD LAW. 3-201.11 A. Food must be obtained from sources that comply with Minnesota Statutes, Minnesota Rules, and United States Code and Code of Federal Regulations.P1 B. Food prepared or stored in a private home must not be used or offered for human co…

4626.0135 FOOD IN HERMETICALLY SEALED CONTAINER; SOURCES. 3-201.12 Food in a hermetically sealed container must be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.P1 Statutory Authority: MS s 31.101; 31.11…

4626.0140 FLUID MILK AND MILK PRODUCTS; SOURCES. 3-201.13 Fluid milk and fluid milk products must be obtained from sources that comply with Grade A standards specified in Minnesota Statutes, chapter 32D.P1 Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 1…

4626.0145 FISH. 3-201.14 A. Fish that are received for sale or service must be: (1) commercially and legally caught or harvested as prescribed in chapters 1545 and 6200, Minnesota Statutes, section 31.11 and chapters 97A and 97C, and Code of Federal Regulations, title 21, section…

4626.0150 MOLLUSCAN SHELLFISH. 3-201.15 A. Molluscan shellfish must be obtained from sources according to Code of Federal Regulations, title 21, section 123, and the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug A…

4626.0155 WILD MUSHROOMS. 3-201.16 A. All wild mushroom species served in a retail food establishment must be obtained from sources where each mushroom is individually inspected and found to be safe by a certified mushroom harvester, except as specified in item E.P1 B. All wild m…

4626.0156 CERTIFIED WILD MUSHROOM HARVESTER. A. A certified wild mushroom harvester shall have successfully completed a wild mushroom identification training program provided by an accredited college or university or state mycological society. The training program must include a …

4626.0160 GAME ANIMALS. 3-201.17 A. Game animals commercially raised for food must be raised, slaughtered, and processed under an inspection program that is conducted by the USDA under Code of Federal Regulations, title 9, part 352, or the Minnesota Department of Agriculture unde…

4626.0165 FOOD TEMPERATURES; RECEIVING. 3-202.11 A. Except as specified in items B and C, refrigerated TCS food must be at a temperature of 41 degrees F (5 degrees C) or below when received.P1 B. If a temperature other than 41 degrees F (5 degrees C) for a TCS food is specified i…

4626.0170 FOOD ADDITIVES. 3-202.12 Food must not contain: A. unapproved food additives or additives that exceed amounts specified in Code of Federal Regulations, title 21, parts 170 to 180; B. generally recognized as safe or prior sanctioned substances that exceed amounts specifi…

4626.0175 EGGS. 3-202.13 Eggs must be received clean and sound and: A. must not exceed the restricted egg tolerances for U.S. Consumer Grade B specified in U.S. Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., maintained by the Agricultural Marketing Serv…

4626.0177 EGG AND MILK PRODUCTS; PASTEURIZED. 3-202.14 A. Egg products must be obtained pasteurized.P1 B. Fluid and dry milk and milk products must be obtained pasteurized as specified in Minnesota Statutes, chapter 32D, and comply with standards as specified in Minnesota Statute…

4626.0180 [Repealed, 43 SR 295] Published Electronically: January 2, 2019

4626.0185 [Repealed, 43 SR 295] Published Electronically: January 2, 2019

4626.0190 PACKAGE INTEGRITY. 3-202.15 Food packages must be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants.P2 Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011 Hi…

4626.0195 ICE. 3-202.16 Ice for use as a food or a cooling medium must be made from drinking water.P1 Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011 History: 23 SR 519; 43 SR 295 Published Electronically: January 2, 2019

4626.0200 SHUCKED SHELLFISH; PACKAGING AND IDENTIFICATION. 3-202.17 A. Raw shucked shellfish must be obtained in nonreturnable packages that bear a legible label that identifies:P2 (1) the name, address, and certification number of the shucker-packer or repacker of the molluscan …

4626.0202 SHELLSTOCK IDENTIFICATION. 3-202.18 A. Shellstock must be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester or dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish San…

4626.0205 [Repealed, 43 SR 295] Published Electronically: January 2, 2019

4626.0210 SHELLSTOCK; CONDITION. 3-202.19 When received by a food establishment, shellstock must be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells must be discarded. Statutory Authority: MS s 31.101;…

4626.0215 MOLLUSCAN SHELLFISH AND SHELLSTOCK; ORIGINAL CONTAINER. 3-203.11 A. Except as specified in items B to D, molluscan shellfish must not be removed from the container in which they were received other than immediately before sale or preparation for service. B. For display …

4626.0220 SHELLSTOCK; MAINTAINING IDENTIFICATION. 3-203.12 A. Except as specified in item C, subitem (3), shellstock tags or labels must remain attached to the container in which the shellstock are received until the container is empty.P2 B. The date when the last shellstock from…