Minnesota Administrative Code

4626.1585 PROHIBITING ANIMALS. 6-501.115 A. Except as specified in items B and C, live animals must not be allowed on the premises of a food establishment.P2 B. Live animals may be allowed in the following situations if the contamination of food; clean equipment, utensils, and li…

4626.1590 POISONOUS OR TOXIC MATERIALS; IDENTIFYING INFORMATION. 7-101.11 Containers of poisonous or toxic materials and personal care items must bear a legible manufacturer's label.P2 Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011 History: 23 SR…

4626.1595 POISONOUS OR TOXIC MATERIALS; COMMON NAME. 7-102.11 Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies must be clearly and individually identified with the common name of the material.P2 Statutory Au…

4626.1600 POISONOUS OR TOXIC MATERIALS; STORAGE. 7-201.11 Poisonous or toxic materials must be stored so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by: A. separating the poisonous or toxic materials by spacing or partitio…

4626.1605 POISONOUS OR TOXIC MATERIALS; RESTRICTION. 7-202.11 A. Only those poisonous or toxic materials that are required for the operation and maintenance of a food establishment, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and r…

4626.1610 POISONOUS OR TOXIC MATERIALS; CONDITIONS OF USE. 7-202.12 Poisonous or toxic materials must be: A. used according to: (1) Minnesota Statutes, chapter 18B and this Code; (2) the manufacturer's use directions included in labeling and, for a pesticide, the manufacturer's l…

4626.1615 POISONOUS OR TOXIC MATERIAL CONTAINERS. 7-203.11 A container previously used to store poisonous or toxic materials must not be used to store, transport, or dispense food.P1 Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011 History: 23 SR 5…

4626.1620 SANITIZERS; CRITERIA. 7-204.11 Chemical sanitizers, including chemical sanitizing solutions generated on site and other chemical antimicrobials applied to food-contact surfaces, must meet the requirements in Code of Federal Regulations, title 40, part 180, subpart D, se…

4626.1625 CHEMICALS FOR WASHING, TREATMENT, STORAGE AND PROCESSING; FRUITS AND VEGETABLES; CRITERIA. 7-204.12 A. Chemicals, including those generated on site, used to wash or peel raw, whole fruits and vegetables must: (1) be an approved food additive listed for this intended use…

4626.1630 BOILER WATER ADDITIVES; CRITERIA. 7-204.13 Chemicals used as boiler water additives must meet the requirements in Code of Federal Regulations, title 21, part 173, subpart D, section 173.310.P1 Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.…

4626.1635 DRYING AGENTS; CRITERIA. 7-204.14 A. Drying agents used in conjunction with sanitization must contain only components that are listed as one of the following: (1) generally recognized as safe for use in food as specified in Code of Federal Regulations, title 21, part 18…

4626.1640 LUBRICANTS; INCIDENTAL FOOD-CONTACT; CRITERIA. 7-205.11 Lubricants must meet the requirements in Code of Federal Regulations, title 21, part 178, subpart D, section 178.3570, if they are used on food-contact surfaces, on bearings and gears located on or within food-cont…

4626.1645 RESTRICTED USE PESTICIDES; CRITERIA. 7-206.11 Restricted use pesticides specified in part 4626.1610, item C, must meet the requirements in Code of Federal Regulations, title 40, part 152, subpart A, section 152.1.P1 Statutory Authority: MS s 31.101; 31.11; 144.05; 144.0…

4626.1650 RODENT BAIT STATIONS. 7-206.12 Rodent bait must be contained in a covered, tamper-resistant bait station.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

4626.1655 TRACKING POWDERS; PEST CONTROL AND MONITORING. 7-206.13 A. Except as specified in item B, a tracking powder pesticide must not be used in a food establishment.P1 B. If used, a nontoxic tracking powder such as talcum or flour must not contaminate food, equipment, utensil…

4626.1660 EMPLOYEE MEDICINES; RESTRICTION AND STORAGE. 7-207.11 A. Only those medicines that are necessary for the health of employees may be allowed in a food establishment. This part does not apply to medicines that are stored or displayed for retail sale.P2 B. Medicine that is…

4626.1665 REFRIGERATED MEDICINES; STORAGE. 7-207.12 Medicines belonging to employees or children in a day care center that require refrigeration and are stored in a food refrigerator must be: A. stored in a package or container and kept inside a covered, leakproof container that …

4626.1670 FIRST AID STORAGE. 7-208.11 First aid supplies that are in a food establishment for employee use must be: A. labeled as specified in part 4626.1590;P2 and B. stored in a kit or container that is located to prevent the contamination of food, equipment, utensils, linens, …

4626.1675 PERSONAL CARE ITEMS; STORAGE. 7-209.11 Except as specified in parts 4626.1665 and 4626.1670, employees shall store personal care items in facilities as specified in part 4626.1560, item B. Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011 …

4626.1680 POISONOUS OR TOXIC MATERIALS; SEPARATION. 7-301.11 Poisonous or toxic materials must be stored and displayed for retail sale so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by: A. separating the poisonous or toxic…

4626.1685 PUBLIC HEALTH PROTECTION. 8-101.10 In enforcing this Code, the regulatory authority shall assess existing facilities or equipment that were in use before September 8, 1998, based on the following considerations: A. whether the facilities or equipment are in good repair …

4626.1690 VARIANCE REQUEST; PROCEDURES. 8-103.11 A person may ask the regulatory authority to grant a variance from the provisions of this Code according to parts 4626.1690 to 4626.1715. A. A variance must not be granted from: (1) part 4626.0020, subpart 35; (2) parts 4626.0040 t…

4626.1695 VARIANCE REQUEST; CRITERIA FOR DECISION. The regulatory authority shall grant a variance if: A. the variance was requested in the manner prescribed in part 4626.1690; B. the variance will have no potential adverse effect on public health, safety, or the environment; C. …

4626.1700 VARIANCE CONDITIONS; HACCP; NOTIFICATION OF DECISION. 8-103.12 A. In granting a variance, the regulatory authority may attach conditions that the regulatory authority determines are needed to protect the public health, safety, or the environment. B. If a HACCP plan is r…

4626.1705 VARIANCES; EFFECT OF ALTERNATIVE MEASURES OR CONDITIONS. 8-103.13 A. Alternative measures or conditions attached to a variance have the force and effect of law. B. If a person violates alternative measures or conditions attached to a variance, the person is subject to t…

4626.1710 RENEWAL OF VARIANCE. A. A request for the renewal of a variance must be submitted to the regulatory authority in writing 30 days before its expiration date. B. Renewal requests must contain the information in part 4626.1690. C. The regulatory authority shall renew a var…

4626.1715 VARIANCE DENIAL, REVOCATION, OR REFUSAL TO RENEW; APPEALS. A. The regulatory authority shall deny, revoke, or refuse to renew a variance if the regulatory authority determines that the criteria in part 4626.1695 or the conditions in part 4626.1700 are not met. B. A pers…

4626.1720 PLANS; REVIEW REQUIRED. 8-201.11 A. A license applicant or licensee shall submit or cause to be submitted and receive approval of properly prepared plans and specifications and the required plan review application and plan review fee, to the regulatory authority for pla…

4626.1721 [Renumbered 1560.9000] Published Electronically: October 11, 2007

4626.1725 CONTENTS OF PLANS AND SPECIFICATIONS. 8-201.12 The plans and specifications for a food establishment must include: A. the intended menu; B. a description of the project including the anticipated volume of food to be stored, prepared, sold, or served; C. 1 complete set o…

4626.1730 WHEN A HACCP PLAN IS REQUIRED. 8-201.13 A. Before engaging in an activity that requires a HACCP plan, a license applicant or licensee shall submit to the regulatory authority for approval a properly prepared HACCP plan as specified in part 4626.1735 and the relevant pro…

4626.1735 CONTENTS OF HACCP PLAN. (SEE ALSO PART 4626.0420) 8-201.14 For a food establishment that is required under part 4626.1730 to have a HACCP plan, the licensee shall submit to the regulatory authority a properly prepared HACCP plan that includes: A. general information suc…

4626.1740 TRADE SECRETS. 8-202.10 The regulatory authority shall treat as confidential, in accordance with Minnesota Statutes, section 13.02, information that meets the criteria in Minnesota Statutes, chapter 325C, for a trade secret and is contained in the plans and specificatio…

4626.1745 PREOPERATIONAL INSPECTIONS. 8-203.10 The regulatory authority shall conduct one or more preoperational inspections to verify that the food establishment is constructed and equipped according to the approved plans and approved modifications of those plans. Statutory Auth…

4626.1750 NOTICE OF OPENING. The food establishment licensee shall provide notice of opening to the regulatory authority at least 14 calendar days before the opening date. Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.011 History: 23 SR 519; 43 SR 2…

4626.1755 LICENSE REQUIRED. 8-301.11 A. A person shall not operate a food establishment without a valid license to operate issued by the regulatory authority.P2 B. The license must be posted in a location in the food establishment that is conspicuous to consumers. C. A license mu…

4626.1760 LICENSE APPLICATION. 8-302.11 An applicant shall submit a written application for a license on a form provided by the regulatory authority according to Minnesota Statutes, chapter 28A or 157. Statutory Authority: MS s 31.101; 31.11; 144.05; 144.07; 144.08; 144.12; 157.0…

4626.1770 QUALIFICATIONS AND RESPONSIBILITIES OF APPLICANTS. 8-302.13 To qualify for a license, an applicant shall: A. be an owner of the food establishment or an officer of the legal ownership; B. comply with the requirements of this Code; C. agree to allow access to the food es…

4626.1777 DENIAL OF APPLICATION FOR LICENSE; NOTICE. 8-303.30 If an application for a license to operate is denied, the regulatory authority shall provide the applicant with a notice that includes: A. the specific reasons and Code citations for the license denial; B. the actions,…

4626.1785 INSPECTION. 8-401.10 The regulatory authority shall inspect a food establishment according to: A. Minnesota Statutes, chapters 28A, 30, 31, and 34A, for food establishments regulated by the Department of Agriculture; B. Minnesota Statutes, chapter 157, for establishment…

4626.1787 PERFORMANCE AND RISK-BASED INSPECTIONS. 8-401.20 Within the parameters in part 4626.1785, the regulatory authority shall prioritize and conduct more frequent inspections based upon: A. the hazards associated with the particular foods that are prepared, stored, or served…

4626.1790 ALLOWED AT REASONABLE TIMES AFTER DUE NOTICE. 8-402.11 After the regulatory authority presents official credentials and provides notice of the purpose of and an intent to conduct an inspection, the person in charge of the food establishment shall allow the regulatory au…

4626.1791 DOCUMENTING INFORMATION AND OBSERVATIONS. 8-403.10 The regulatory authority shall document on an inspection report form: A. administrative information about the food establishment's legal identity, street and mailing addresses, type of establishment and operation, inspe…

4626.1792 ISSUING A REPORT. 8-403.30 The regulatory authority shall provide a copy of the completed inspection report and the notice to correct violations to the licensee or to the person in charge. Statutory Authority: MS s 31.101; 31.11; 144.07; 157.011 History: 43 SR 295 Publi…

4626.1795 CEASING OPERATIONS AND EMERGENCY REPORTING. 8-404.11 A. Except as specified in item B, a licensee shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency such as a fire, flood, extended …

4626.1797 RESUMPTION OF OPERATIONS. 8-404.12 If operations are discontinued as specified in part 4626.1795, or otherwise according to law, the licensee shall obtain approval from the regulatory authority before resuming operations. Statutory Authority: MS s 31.101; 31.11; 144.07;…

4626.1800 FOOD SAMPLES. The regulatory authority may collect, without cost, and examine samples of food as often as necessary for enforcement of this Code. 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 Ele…