4626 FOOD CODE; FOOD MANAGERS

4626.0240 FOOD STORAGE CONTAINERS IDENTIFIED WITH COMMON NAME OF FOOD. 3-302.12 Working containers holding food or food ingredients that are removed from their original packages for use in the food establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, an…

4626.0245 PASTEURIZED EGGS; SUBSTITUTE FOR RAW EGGS. 3-302.13 Pasteurized eggs or egg products must be substituted for raw eggs in the preparation of food such as Caesar salad, hollandaise or Bearnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages th…

4626.0250 PROTECTION FROM UNAPPROVED ADDITIVES. (SEE ALSO 4626.0170) 3-302.14 A. Food must be protected from contamination that may result from the addition of: (1) unsafe or unapproved food or color additives;P1 and (2) unsafe or unapproved levels of approved food and color addi…

4626.0255 WASHING FRUITS AND VEGETABLES. 3-302.15 A. Raw fruits and vegetables must be thoroughly washed in water or by using chemicals specified in part 4626.1625 to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered …

4626.0260 ICE USED AS EXTERIOR COOLANT; PROHIBITED AS INGREDIENT. 3-303.11 Ice must not be used as a food after use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment.P1 St…

4626.0265 FOOD IN CONTACT WITH WATER OR ICE. 3-303.12 A. Packaged food must not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water. B. Bot…

4626.0270 FOOD CONTACT WITH EQUIPMENT AND UTENSILS. 3-304.11 Food must only contact surfaces of: A. equipment and utensils that are cleaned as specified in parts 4626.0840 to 4626.0885 and sanitized as specified in parts 4626.0900 and 4626.0905;P1 B. single-service and single-use…

4626.0275 IN-USE UTENSILS; BETWEEN-USE STORAGE. 3-304.12 A. During pauses in food preparation or dispensing, food preparation and dispensing utensils must be stored: (1) except as specified in item B, in the food with the handles above the top of the food and the container; (2) i…

4626.0280 LINENS AND NAPKINS; USE LIMITATION. 3-304.13 Linens such as cloth napkins must not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new consum…

4626.0285 WIPING CLOTHS; USE LIMITATION. 3-304.14 A. Cloths used for wiping food spills from tableware and carry-out containers that occur as food is being served must be maintained dry and used for no other purpose. B. Cloths used for wiping counters and other equipment surfaces…

4626.0287 GLOVES; USE LIMITATION. 3-304.15 A. If used, single-use gloves must be used for only 1 task such as working with ready-to-eat food or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation.P1 B…

4626.0290 USING CLEAN TABLEWARE FOR SECOND PORTIONS AND REFILLS. 3-304.16 A. Except for refilling a consumer's drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, food employees shall not use tableware, …

4626.0295 REFILLING RETURNABLES. 3-304.17 A. Except as specified in this part, empty containers returned to a food establishment for cleaning and refilling with food must be cleaned and refilled in a regulated food processing plant.P1 B. A take-home food container returned to a f…

4626.0300 FOOD STORAGE. 3-305.11 A. Except as specified in items B and C, food must be protected from contamination by storing the food: (1) in a clean, dry location; (2) where it is not exposed to splash, dust, or other contamination; and (3) at least 6 inches (15 cm) above the …

4626.0305 FOOD STORAGE; PROHIBITED AREAS. 3-305.12 Food must not be stored: A. in locker rooms; B. in toilet rooms; C. in dressing rooms; D. in garbage rooms; E. in mechanical rooms; F. under sewer lines that are not shielded to intercept potential drips; G. under leaking water l…

4626.0310 VENDED TCS FOOD; ORIGINAL CONTAINER. 3-305.13 TCS food dispensed through a vending machine must be in the package in which it was placed at the food establishment or food processing plant at which it was prepared. Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07;…

4626.0315 UNPACKAGED FOOD; PROTECTION FROM CONTAMINATION. 3-305.14 During preparation, unpackaged food must be protected from environmental sources of contamination. 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 Pub…

4626.0320 FOOD DISPLAY; PROTECTION FROM CONTAMINATION. 3-306.11 A. Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display must be protected from contamination by the …

4626.0325 CONDIMENTS; PROTECTION. 3-306.12 A. Condiments must be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or individual…

4626.0330 CONSUMER SELF-SERVICE OPERATIONS. 3-306.13 A. Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish, must not be offered for consumer self-service.P1 This item does not apply to: (1) consumer self-service of ready-to-eat foods at buffets or salad bars…

4626.0335 RETURNED FOOD; RE-SERVICE OF FOOD. 3-306.14 A. Except as specified in item B, after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer must not be offered as food for human consumption.P1 B. Except as specified in p…

4626.0337 MISCELLANEOUS SOURCES OF CONTAMINATION. 3-307.11 Food must be protected from contamination that may result from a factor or source not specified in parts 4626.0225 to 4626.0335. Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011 History: 43 SR 295 Published Electr…

4626.0340 COOKING RAW ANIMAL FOODS. 3-401.11 A. Except as specified in items B to D, raw animal foods, such as eggs, fish, meat, poultry, and foods containing these raw animal foods, must be cooked to heat all parts of the food to a temperature and for a time that complies with o…

4626.0345 MICROWAVE COOKING. 3-401.12 Raw animal foods cooked in a microwave oven must be: A. rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat; B. covered to retain surface moisture; C. heated to a temperature of at least 165 de…

4626.0347 PLANT FOOD; COOKING FOR HOT HOLDING. 3-401.13 Raw fruits and vegetables that are cooked for hot holding must be cooked to a temperature of 135 degrees F (57 degrees C).P2 Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011 History: 43 SR 295 Published Electronicall…

4626.0349 NONCONTINUOUS COOKING OF RAW ANIMAL FOODS. 3-401.14 Raw animal foods that are cooked using a noncontinuous cooking process must be: A. subject to an initial heating process that is no longer than 60 minutes in duration;P1 B. immediately after initial heating, cooled acc…

4626.0350 PARASITE DESTRUCTION. 3-402.11 A. Except as specified in item B, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinated-partially cooked fish must be: (1) frozen and stored at a temperature of -4 degrees F (-20 degrees C) or belo…

4626.0355 PARASITE DESTRUCTION; RECORDS. 3-402.12 A. Except as specified in item B, and part 4626.0350, item B, if raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temp…

4626.0357 FOODS PREPARED FOR IMMEDIATE SERVICE. 3-403.10 Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature. Statutory Authority: MS s 31.101; 31.1…

4626.0360 REHEATING FOR HOT HOLDING. 3-403.11 A. Except as specified in items B, C, and E, TCS food that is cooked, cooled, and reheated for hot holding must be reheated so that all parts of the food reach a temperature of at least 165 degrees F (74 degrees C) for 15 seconds.P1 B…

4626.0365 [Repealed, 43 SR 295] Published Electronically: January 2, 2019

4626.0367 TREATING JUICE. 3-404.11 Juice packaged in a food establishment must be: A. treated under a HACCP plan as specified in parts 4626.1730 to 4626.1735 to attain a 5-log reduction, which is equal to a 99.999 percent reduction, of the most resistant microorganism of public h…

4626.0368 JUICE; TREATED. 3-202.110 Prepackaged juice must: A. be obtained from a processor with a HACCP system as specified in Code of Federal Regulations, title 21, part 120;P2 and B. be obtained pasteurized or otherwise treated to attain a 5-log reduction of the most resistant…

4626.0370 FROZEN FOOD. 3-501.11 Stored frozen foods must be maintained frozen. 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

4626.0375 SLACKING TCS FOOD. 3-501.12 Frozen TCS food that is slacked to moderate the temperature must be held: A. under mechanical refrigeration that maintains the food temperature at 41 degrees F (5 degrees C) or less; or B. at any temperature if the food remains frozen. Statut…

4626.0380 THAWING. 3-501.13 A. Except as specified in item subitem (4), TCS food must be thawed: (1) under mechanical refrigeration that maintains the food temperature at 41 degrees F (5 degrees C) or less; (2) completely submerged under running water: (a) at a water temperature …

4626.0385 COOLING REQUIREMENTS. 3-501.14 A. Cooked TCS food must be cooled: (1) within 2 hours from 135 degrees F (57 degrees C) to 70 degrees F (21 degrees C);P1 and (2) within a total of 6 hours from 135 degrees F (57 degrees C) to 41 degrees F (5 degrees C) or less.P1 B. TCS f…

4626.0390 COOLING METHODS. 3-501.15 A. Cooling must be accomplished according to the time and temperature criteria in part 4626.0385 by using one or more of the following methods based on the type of food being cooled: (1) placing the food in shallow pans;P2 (2) separating the fo…

4626.0395 TCS FOOD; HOT AND COLD HOLDING. 3-501.16 A. Except during preparation, cooking, or cooling, or when time is used as the public health control as specified in part 4626.0408, and except as specified in items B and C, TCS food must be maintained: (1) at 135 degrees F (57 …

4626.0400 DATE MARKING; READY-TO-EAT TCS FOOD. 3-501.17 A. (1) This part does not apply to items E and F or to food packaged using a reduced oxygen packaging method as specified in part 4626.0420. (2) Refrigerated, ready-to-eat TCS food prepared and held in a food establishment f…

4626.0405 READY-TO-EAT, TCS FOOD; DISPOSITION. 3-501.18 A. A food specified in part 4626.0400, item A or B, must be discarded if: (1) the time exceeds 7 days as specified in part 4626.0400, item A, except time that the product is frozen;P1 or (2) it is in a container or package t…

4626.0408 TIME AS PUBLIC HEALTH CONTROL. 3-501.19 A. Except as specified in item D, if time only, rather than in conjunction with temperature control, is used as the public health control for a working supply of TCS food before cooking, or for ready-to-eat TCS food that is displa…

4626.0410 [Repealed, 43 SR 295] Published Electronically: January 2, 2019

4626.0415 SPECIALIZED PROCESSING VARIANCE REQUIREMENTS. 3-502.11 A food establishment must obtain a variance from the regulatory authority as specified in parts 4626.1690 to 4626.1700 before: A. smoking food as a method of food preservation rather than as a method of flavor enhan…

4626.0420 REDUCED OXYGEN PACKAGING WITHOUT A VARIANCE; CRITERIA. 3-502.12 A. Except for a food establishment that obtains a variance as specified in part 4626.0415, a food establishment that packages TCS food using a reduced oxygen packaging method must control the growth and tox…

4626.0425 PACKAGED FOOD; STANDARDS OF IDENTITY. 3-601.11 Packaged food must comply with parts 1545.0360 to 1545.0410 and chapter 1550; the standard of identity requirements in Code of Federal Regulations, title 21, parts 131 to 169, and Code of Federal Regulations, title 9, part …

4626.0430 FOOD HONESTLY PRESENTED. 3-601.12 A. Food must be offered for human consumption in a way that does not mislead or misinform the consumer. B. Food or color additives, colored overwraps, or lights must not be used to misrepresent the true appearance, color, or quality of …