Minnesota Administrative Code

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…

4626.0367 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…

4626.0415 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 …

4626.0435 FOOD LABELS. 3-602.11 A. Food packaged in a food establishment must be labeled as specified in law, including Code of Federal Regulations, title 21, part 101, and Code of Federal Regulations, title 9, part 317. B. Label information must include: (1) the common name of t…

4626.0440 OTHER FORMS OF INFORMATION. 3-602.12 A. If required by law, consumer warnings must be provided. B. A food establishment's or manufacturer's dating information on foods must not be concealed or altered. Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144…

4626.0442 CONSUMER ADVISORY; DISCLOSURE. 3-603.11 A. Except as specified in parts 4626.0340, items C and D, subitem (4), and 4626.0447, item C, if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without other…

4626.0445 UNSAFE, ADULTERATED, OR CONTAMINATED FOOD. 3-701.11 A. A food that is unsafe or adulterated as specified in part 4626.0125 or not honestly presented as specified in part 4626.0430 must be discarded or reconditioned according to Minnesota Statutes, section 31.495.P1 B. F…

4626.0447 FOOD SERVED TO A HIGHLY SUSCEPTIBLE POPULATION. 3-801.11 In a food establishment that serves a highly susceptible population, the criteria in this part must be followed. A. The following criteria apply to juice: (1) for the purposes of this item only, children who are a…

4626.0450 FOOD-CONTACT SURFACES; CHARACTERISTICS AND MATERIALS. 4-101.11 Materials that are used in the construction of utensils and food-contact surfaces of equipment must not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under norm…

4626.0455 CAST IRON; USE LIMITATION. 4-101.12 A. Except as specified in items B and C, cast iron must not be used for utensils or food-contact surfaces of equipment. B. Cast iron may be used as a surface for cooking. C. Cast iron may be used in utensils for serving food if the ut…

4626.0460 LEAD; USE LIMITATION. 4-101.13 A. Ceramic, china, crystal utensils, and decorative utensils, such as hand-painted ceramic or china, that are used in contact with food must be lead-free or contain levels of lead not exceeding the limits of the following utensil categorie…

4626.0465 COPPER; USE LIMITATION. 4-101.14 A. Except as specified in item B, copper and copper alloys, such as brass, must not be used in contact with a food that has a pH below 6, such as vinegar, fruit juice, or wine, or for a fitting or tubing installed between a backflow prev…

4626.0470 GALVANIZED METAL; USE LIMITATION. 4-101.15 Galvanized metal must not be used for utensils or food-contact surfaces of equipment that are used in contact with acidic food.P1 Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011 History: 23 SR 5…

4626.0475 SPONGES; USE LIMITATION. 4-101.16 Sponges must not be used in contact with cleaned and sanitized or in-use food-contact surfaces. 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: Jan…

4626.0490 WOOD; USE LIMITATION. 4-101.17 A. Except as specified in items B to D, wood and wood wicker must not be used as a food-contact surface. B. Hard maple or an equivalently hard, close-grained wood may be used for: (1) cutting boards, cutting blocks, bakers' tables, and ute…

4626.0493 NONSTICK COATINGS; USE LIMITATIONS. 4-101.18 Multiuse kitchenware such as frying pans, griddles, sauce pans, cookie sheets, and waffle bakers that have a nonstick coating must be used with nonscouring or nonscratching utensils and cleaning aids. Statutory Authority: MS …

4626.0495 NON-FOOD-CONTACT SURFACES; CHARACTERISTICS. 4-101.19 Non-food-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning must be constructed of a corrosion-resistant, nonabsorbent, and smooth material. Sta…

4626.0500 SINGLE-SERVICE AND SINGLE-USE ARTICLES; CHARACTERISTICS. 4-102.11 Materials that are used to make single-service and single-use articles: A. must not: (1) allow the migration of deleterious substances;P1 or (2) impart colors, odors, or tastes to food; and B. must be: (1…

4626.0505 EQUIPMENT AND UTENSILS. 4-201.11 Equipment and utensils must be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011 History: 23 …

4626.0506 EQUIPMENT. A. The following equipment, including types of equipment listed in this part that are custom fabricated, must be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program for food service equipm…