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Maine Administrative Code
Department 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICESDivision 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERALChapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113)
Private Non-Medical Institutions
Section 144-113-IV-15 - Sanitation/Dietary Services

10-144-113 Me. Code R. § IV-15

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Current through 2024-51, December 18, 2024
Section 144-113-IV-15 - Sanitation/Dietary Services
15.1 Common kitchen and areas used to prepare food. Kitchen and areas used to prepare food shall be located away from possible food contamination sources.
15.2 Food service sanitation. Food shall be safe for human consumption. Food shall be obtained from sources that comply with all laws pertaining to food and food labeling. Fresh produce may be purchased at farm stands.
15.3 Food storage. All food shall be stored using safe and sanitary methods. [Class III]
15.3.1 Food shall be stored at least six (6) inches above the floor on clean racks, dollies or other clean surfaces.
15.3.2 Food or containers of food shall not be stored under, or exposed to, unprotected sewer lines or water lines, except for automatic fire protection sprinkler heads that may be required by law.
15.3.3 Shelving in storage areas, refrigerators and freezers shall be in good condition with cleanable surfaces.
15.3.4 Food not subject to further washing or cooking before serving shall be stored in such a manner as to be protected against contamination from food requiring washing or cooking.
15.4 Equipment and utensils. All kitchenware and equipment used in the preparation, service, display or storage of food shall be maintained in a clean and sanitary manner.
15.4.1 All tableware, kitchenware and utensils shall be stored off the floor in a clean and sanitary manner.
15.4.2 Single service items shall not be reused.
15.4.3 All kitchenware and food contact surfaces of equipment shall be washed, rinsed and sanitized after each use.
15.4.4 Food preparation surfaces shall be in good repair and easily cleaned. They shall be cleaned thoroughly after use.
15.5 Employee cleanliness. All employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic practices.
15.5.1 No person while affected with any disease in a communicable form or while afflicted with boils, infected wounds, sores, or any acute gastrointestinal or respiratory infection shall work in any area of food service in a capacity in which there is a likelihood of such person contaminating food or food contact surfaces with pathogenic organisms or transmitting disease to other individuals. [Class III]
15.5.2 All employees shall thoroughly wash their hands and arms with soap and warm water before starting work and as often as may be required to remove soil and contamination and immediately after visiting the toilet room. Employees shall keep fingernails clean. [Class III]
15.5.3 Employees shall not use tobacco in any form while engaged in food preparation or service or while in equipment and utensil washing or food preparation areas.
15.6 Milk and milk products.
15.6.1 Only pasteurized milk and milk products shall be used. [Class III]
15.6.2 Milk served for drinking shall be served in the original container received from the dairy or poured directly into the resident's glass at mealtime. Approved bulk dispensers may be used. [Class III]
15.6.3 No reconstituted powdered milk or evaporated milk shall be served for drinking. Dry or evaporated milk shall only be used for cooking.
15.7 Eggs. Eggs and egg products permitted include:
15.7.1 Clean, whole eggs, with shell intact, without cracks or checks;
15.7.2 Pasteurized liquid, frozen or dry eggs or pasteurized dry egg products;
15.7.3 Hard-boiled, peeled eggs; and
15.7.4 Commercially prepared and packaged eggs.
15.8 Shucked shellfish. Fresh and frozen shucked shellfish (oysters, clams or mussels) shall be packed in non-returnable packages identified with the name and address of the original shell stock processor, shucker/packer or repacker and the interstate certification number issued according to law. Shell stock and shucked shellfish shall be kept in the container in which they were received until they are used. [Class III]
15.9 Raw fruits and vegetables. All raw fruits and vegetables shall be washed thoroughly before being cooked and served. [Class III]
15.10 Refrigerated storage.
15.10.1 Potentially hazardous foods requiring refrigeration after preparation shall be rapidly cooled to an external temperature of forty-one degrees (41°) Fahrenheit or below. [Class II]
15.10.2 Frozen food shall be kept frozen and shall be stored at a temperature of zero degrees (0°) Fahrenheit or below. [Class II]
15.10.3 Ice intended for human consumption shall not be used as a medium for cooling stored food, food containers or food utensils, except that such ice may be used for cooling tubes conveying beverages or beverage ingredients to a dispenser head. Ice used for cooling stored food and food containers shall not be used for human consumption.
15.10.4 Sufficient numbers of refrigerators or freezers shall be provided to assure the maintenance of potentially hazardous food at the required temperatures during storage.
15.10.5 Conspicuous, easily readable thermometers shall be provided for each refrigerator and freezer in the facility.
15.10.6 Eggs shall be refrigerated at all times except when being used in cooking and/or being served. [Class II]
15.10.7 A safe temperature for food must be maintained throughout the transport and service of meals.
15.10.8 Perishable, refrigerated and frozen food shall be labeled and dated to determine whether they have proper nutritional value when served and are safe for human consumption.
15.11 Thawing potentially hazardous foods. Potentially hazardous foods shall be thawed as follows:
15.11.1 In refrigerator units at a temperature not to exceed forty-one degrees (41°) Fahrenheit; or [Class II]
15.11.2 Under potable running water at a temperature of seventy degrees (70°) Fahrenheit or below, with sufficient water velocity to agitate and float off loose food particles into the overflow; [Class II] or
15.11.3 In a microwave oven, only when the food will be immediately transferred to conventional cooking facilities as part of a continuous cooking process or when the entire uninterrupted cooking process takes place in the microwave oven; or [Class II]
15.11.4 As part of a continued cooking process. [Class II]
15.12 Cooking potentially hazardous foods.
15.12.1 Poultry, poultry stuffing, stuffed meats and stuffing containing meat shall be cooked to heat all parts of the food to at least one hundred sixty-five degrees (165°) Fahrenheit, with no interruption of the cooking process. [Class I/II]
15.12.2 Pork and any food containing pork shall be cooked to heat all parts of the food to at least one hundred fifty degrees (150°) Fahrenheit. [Class I/II]
15.12.3 Rare roast beef and rare beefsteak shall be cooked to an internal temperature of at least one hundred thirty degrees (130°) Fahrenheit, unless otherwise ordered by the immediate consumer. [Class I/II]
15.12.4 Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly to one hundred sixty-five degrees (165°) Fahrenheit or higher throughout before being served or before being placed in a hot food storage facility. [Class I/II]
15.12.5 All potentially hazardous food shall, except when being prepared, be kept at forty-one degrees (41°) Fahrenheit or below, or one hundred forty degrees (140°) Fahrenheit or above. [Class I/II]
15.12.6 Custards, cream fillings or similar products shall be kept at safe temperatures of forty-one degrees (41°) Fahrenheit or below, except during necessary periods of preparation and service. [Class I/II]
15.12.7 All perishable foods shall be stored at such temperatures as will protect against spoilage. [Class I/II]
15.13 Second-grade products prohibited. Second-grade products such as unlabeled canned goods, home canned goods, improperly sealed or unsealed containers or packages, outdated food and similar foods are prohibited from use. [Class I/II]
15.14 Manual dishwashing. When manual dishwashing is employed, equipment and utensils shall be thoroughly washed in a detergent solution having a temperature of at least one hundred twenty degrees (120°) Fahrenheit and then shall be rinsed free of such solution. Eating and drinking utensils shall be sanitized by one of the following three methods:
15.14.1 Immersion for at least one-half (1/2) minute in clean hot water at a temperature of at least one hundred seventy degrees (170°) Fahrenheit.
15.14.2 Immersion for at least one (1) minute in a clean solution containing at least fifty (50) parts per million of available chlorine as a hypochlorite and at a temperature of at least seventy-five degrees (75°) Fahrenheit.
15.14.3 Other sanitizing methods may be used upon written approval of the Department.
15.15 Mechanical dishwashing. When mechanical cleaning and sanitizing is used, the following standards shall be met:
15.15.1 The wash-water temperature shall be at least one hundred thirty (130°) Fahrenheit. When hot water is relied upon for sanitization, the final or fresh rinse water shall be at least one hundred eighty degrees (180°) Fahrenheit, unless otherwise stated in the manufacturer's specifications.
15.15.2 When chemicals are relied on for sanitization, they shall be applied in such concentration and for such a period of time as to provide effective bacterial treatment of the equipment and utensils.
15.15.3 Machines (single-tank, stationary rack, door-type machines and spray-type glass washers) using chemicals for sanitization may be used, provided that the wash-water is kept clean, chemicals added for sanitization are automatically dispensed and the chemical sanitizing rinse-water temperature is not less than seventy-five degrees (75°) Fahrenheit, nor less than the temperature specified by the machine manufacturers.
15.16 Testing of chemical sanitizers. When chemical sanitizing solutions are used for either manual or mechanical sanitization, an approved test kit shall be used to measure the residual of the sanitizing solution.

10-144 C.M.R. ch. 113, § IV-15