10- 144 C.M.R. ch. 200, § 3-3

Current through 2024-51, December 18, 2024

Section 144-200-3-3 - PROTECTION FROM CONTAMINATION AFTER RECEIVING

3-301 Preventing Contamination by Employees

3-301.11 Preventing Contamination from Hands.*

(A)Food Employees shall wash their hands as specified under §2-301.12.

(B) Except when washing fruits and vegetables as specified under §3-302.15 or as specified in¶ (D) and (E) of this section,Food Employees may notcontact exposed, Ready-to-Eat Food with their bare hands and shall use suitable Utensils, such as deli tissue, spatulas, tongs, Single-Use gloves, or dispensing Equipment.

(C)Food Employees shall minimize bare hand and arm contact with exposed Food that is not in a Ready-to-Eat form.

(D)¶ (B) of this section does not apply to a Food Employee that contacts exposed, Ready-to-Eat Food with his or her bare hands at the time the Ready-to-Eat Food is being added as an ingredient to a Food that:

(1)Contains a raw animal Food and is to be cooked in the Food or Eating Establishment to heat all parts of Food to the minimum temperatures specified in ¶¶ 3-401.11 (A)-(B) or §3-401.12; or

(2)Does not contain a raw animal Food but is to be cooked in the Food or Eating Establishment to heat all parts of the Food to a temperature of at least 74ºC (165ºF).

(E)Food Employees not serving a Highly Susceptible Population may contact exposed, Ready-to-Eat Food with their bare hands if:

(1)The Permit Holder obtains prior Approval from the Regulatory Authority;

(2) Written procedures are maintained in the Food or Eating Establishment and made available to the Regulatory Authority upon request that include:

(a) For each bare hand contact procedure, a listing of the specific Ready-to-Eat Foods that are touched by bare hands,

(b) Diagrams and other information showing that handwashing facilities, installed, located, equipped, and maintained as specified under §§ 5-203.11, 5-204.11, 5-205.11, 6-301.11, 6-301.12, and 6-301.14, are in an easily accessible location and in close proximity to the work station where the bare hand contact procedure is conducted;

(3)A written Employee health policy that details how the Food or Eating Establishment complies with §§ 2-201.11, 2-201.12, and 2-201.13 including:

(a)Documentation that Food Employees and Conditional Employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through Food as specified under ¶ 2-201.11(A),

(b)Documentation that Food Employees and Conditional Employees acknowledge their responsibilities as specified under ¶ 2-201.11(E) and (F), and

(c)Documentation that the Person in Charge acknowledges the responsibilities as specified under ¶¶ 2-201.11(B), (C) and (D), and §§ 2-201.12 and 2-201.13;

(4)Documentation that Food Employees acknowledge that they have received training in:

(a)The Risks of contacting the specific Ready-to-Eat Foods with bare hands,

(b)Proper handwashing as specified under § 2-301.12,

(c)When to wash their hands as specified under § 2-301.14,

(d)Where to wash their hands as specified under § 2-301.15,

(e)Proper fingernail maintenance as specified under § 2-302.11,

(f)Prohibition of jewelry as specified under § 2-303.11, and

(g)Good hygienic practices as specified under §§2-401.11 and 2-401.12;

(5)Documentation that hands are washed before Food preparation and as necessary to prevent cross contamination by Food Employees as specified under §§ 2-301.11, 2-301.12, 2-301.14, and 2-301.15 during all hours of operation when the specific Ready-to-Eat Foods are prepared;

(6)Documentation that Food Employees contacting Ready-to-Eat Food with bare hands use two or more of the following control measures to provide additional safeguards to Hazards associated with bare hand contact:

(a) Double handwashing,

(b) Nail brushes,

(c) A hand antiseptic after handwashing as specified under § 2-301.16,

(d) Incentive programs such as paid sick leave that assist or encourage Food Employees not to work when they are ill, or

(e) Other control measures Approved by the Regulatory Authority; and

(7)Documentation that corrective action is taken when Subparagraphs (E) (1) - (6) of this section are not followed.

3-301.12 Preventing Contamination when Tasting.*A Food Employee may not use a Utensil more than once to taste Food that is to be sold or served.

3-302 Preventing Food and Ingredient Contamination

3-302.11 Packaged and Unpackaged Food - Separation, Packaging, and Segregation

(A)Food shall be protected from cross contamination by:

(1)Except as specified in (1)(c) below,separating raw animal foods during storage, preparation, holding, and display from:

(a) Raw Ready-to-Eat Food, including other raw animal Food such as Fish for sushi or Molluscan Fish, or other raw Ready-to-Eat Food such as fruits and vegetables,and

(b) Cooked Ready-to-Eat Food;

(c)Frozen, commercially processed and packaged raw animal Food may be stored or displayed with or above frozen, commercially processed and packaged, ready-to-eat food.

(2) Except when combined as ingredients, separating types of raw animal Foods from each other such as beef, Fish, lamb, pork, and Poultry during storage, preparation, holding, and display by:

(a)Using separate Equipment for each type, *or

(b) Arranging each type of Food in Equipment so that cross contamination of one type with another is prevented, *and

(c) Preparing each type of Food at different times or in separate areas;*

(3)Not storing and displaying Comminuted or otherwise non-intact Meatsabove whole-muscle intact cuts of Meatunless they are Packaged in a manner that precludes the potential for cross-contamination;

(4)Cleaning Equipment and Utensils as specified under ¶ 4-602.11(A) and Sanitizing as specified under §4-703.11;

(5) Except as specified under Subparagraph 3-501.15(B)(2) and in ¶ (B) of this section, storing the Food in packages, covered containers, or wrappings;

(6) Cleaning Hermetically Sealed Containers of Food of visible soil before opening;

(7)Protecting Food containers that are received Packaged together in a case or overwrap from cuts when the case or overwrap is opened;

(8) Storing damaged, spoiled, or recalled Food being held in the Food Establishment as specified under §6-404.11; and

(9) Separating fruits and vegetables, before they are washed as specified under §3-302.15 from Ready-to-Eat Food.

(B) Subparagraph (A)(4) of this section does not apply to:

(1) Whole, uncut, raw fruits and vegetables and nuts in the shells, that require peeling or hulling before consumption;

(2)Primal Cuts, quarters, or sides of raw Meat or slab bacon that are hung on clean, Sanitized hooks or placed on clean, Sanitized racks;

(3) Whole, uncut, processed Meats such as country hams, and smoked or cured sausages that are placed on clean, Sanitized racks;

(4)Food being cooled as specified under Subparagraph 3-501.15(B)(2); or

(5)Shellstock.

3-302.12 Food Storage Containers, Identified with Common Name of Food.

Except for containers holding food that can be readily and unmistakably recognized, such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the Food or Eating Establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar, shall be identified with the common name of the food.

3-302.13 Pasteurized Eggs, Substitute for Raw Eggs for Certain Recipes.*

Pasteurized Eggs or Egg products shall be substituted for raw Eggs in the preparation of Foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, eggnog, ice cream, and egg-fortifiedBeverages that are not:

(A) Cooked as specified under Subparagraphs 3-401.11(A)(1) or (2); or

(B) Included in Subparagraph 3-401.11(D).

3-302.14 Protection from Unapproved Additives.*

(A)

Food shall be protected from contamination that may result from the addition of, as specified in §3-202.12:

(1) Unsafe or unapproved Food or Color Additives; and

(2) Unsafe or unapproved levels of Approved Food and Color Additives.

(B)A Food Employee may not:

(1)

Apply sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a Food considered to be a good source of vitamin B1;, or

(2)

Except for grapes, serve or sell Food specified under Subparagraph (B)(1) of this section that is treated with sulfiting agents before receipt by the Food or Eating Establishment.

3-302.15 Washing Fruits and Vegetables.

(A)Except as specified in ¶ (B) of this section and except for whole,rawfruits and vegetables that are intended for washing by the Consumer before consumption, raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in Ready-to-Eat form.

(B) Fruits and vegetables may be washed by using chemicals as specified under §7-204.12.

(C)Devices used for on-site generation of chemicals meeting the requirements specified in 21 CFR 173.315 (April 1, 2013 ed.), and chemicals used in the washing or to assist in the peeling of fruits and vegetables, for the washing of raw, whole fruits and vegetables, shall be used in accordance with the manufacturer's instructions.

3-303 Preventing Contamination from Ice Used as a Coolant

3-303.11 Ice Used as Exterior Coolant, Prohibited as Ingredient.*

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, ice may not be used as Food.

3-303.12 Storage or Display of Food in Contact with Water or Ice.

(A)Packaged Food may 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) Except as specified in ¶¶ (C) and (D) of this section, unpackaged Food may not be stored in direct contact with undrained ice.

(C) Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or water.

(D) Raw chicken and raw Fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.

3-304 Preventing Contamination from Equipment, Utensils, and Linens

3-304.11 Food Contact with Equipment and Utensils.*

Food shall only contact surfaces of:

(A)Equipment and Utensils that are cleaned as specified under Part 4-6 of this Code and Sanitized as specified under Part 4-7 of this Code;

(B)Single-Service and Single-Use Articles; or

(C)Linens and napkins, as specified in § 3-304.13.

3-304.12 In-Use Utensils, Between-Use Storage.

During pauses in Food preparation or dispensing, Food preparation and dispensing Utensils shall be stored:

(A) Except as specified under ¶ (B) of this section, in the Food with their handles above the top of the Food and the container;

(B) In Food that is not Potentially Hazardous (Time/Temperature Control for Safety Food) with their handles above the top of the Food within containers or Equipment that can be closed, such as bins of sugar, flour, or cinnamon;

(C) On a clean portion of the Food preparation table or cooking Equipment, only if the in-use Utensil and the Food-Contact surface of the Food preparation table or cooking Equipment are cleaned and Sanitized at a frequency specified under §§4-602.11 and 4-702.11;

(D) In running water of sufficient velocity to flush particulates to the drain, if used with moist Food such as ice cream or mashed potatoes;

(E) In a clean, protected location if the Utensils, such as ice scoops, are used only with a Food that is not Potentially Hazardous (Time/Temperature Control for Safety Food); or

(F) In a container of water, if the water is maintained at a temperature of at least 57ºC (135ºF)and the container is cleaned at a frequency specified under Subparagraph4-602.11(D)(7).

3-304.13 Linens and Napkins, Use Limitation.

Linens and napkins may 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 Consumer.

3-304.14 Wiping Cloths, Use Limitation.

(A)Cloths in-use for wiping Food spills from Tableware and carry-out containers that occur as Food is being served shall be:

(1) Maintained dry; and

(2) Used for no other purpose.

(B) Cloths in-use for wipingcounters and other Equipment surfaces shall be:

(1)Held between uses in a chemical sanitizer solution at a concentration specified under § 4-501.114; and

(2)Laundered daily as specified under ¶ 4-802.11(D).

(C)Clothsin-use for wiping surfaces in contact with raw animal Foods shall be kept separate from cloths used for other purposes.

(D)Dry wiping cloths and the chemical sanitizing solutions, specified in Subparagraph (B)(1) of this section, in which wet wiping cloths are held between uses, shall be free of food debris and visible soil.

(E) Containers of chemical sanitizing solutions, specified in Subparagraph (B)(1) of this section in which wet wiping cloths are held between uses, shall be used in a manner that prevents contamination of Food, Equipment, Utensils, Linens, Single-Service, or Single-Use Articles.

(F)Single-Use disposable sanitizer wipes shall be used in accordance with EPA-approved manufacturer's label use instructions.

3-304.15 Gloves, Use Limitation.

(A) If used, Single-Use gloves shall be used for only one 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*

(B) Except as specified in ¶ (C) of this section, slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with Food that is subsequently cooked as specified under Part 3-4 such as frozen Food or a Primal Cut of Meat.

(C) Slash-resistant gloves may be used with Ready-to-Eat Food that will not be subsequently cooked if the slash-resistant gloves have a Smooth, durable, and nonabsorbent outer surface; or if the slash-resistant gloves are covered with a Smooth, durable, nonabsorbent glove, or a Single-Use glove.

(D) Cloth gloves may not be used in direct contact with FOOD unless the Food is subsequently cooked as required under Part 3-4 such as frozen Food or a Primal Cut of Meat.

3-304.16 Using Clean Tableware for Second Portions and Refills.

(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 may not use Tableware, including Single-Service Articles, soiled by the Consumer, to provide second portions or refills.

(B) Except as specified in ¶ (C) of this section, self-service Consumers may not be allowed to use soiled Tableware, including Single-Service Articles, to obtain additional Food from the display and serving Equipment.

(C) Drinking cups and containers may be reused by self-service Consumers if refilling is a contamination-free process as specified under ¶¶ 4-204.13(A), (B), and (D).

3-304.17 Refilling Returnables.

(A) A take-home Food container returned to a Food Establishment may not be refilled at a Food or Eating Establishment with a Potentially Hazardous (Time/Temperature Control for Safety Food) .

(B) Except as specified in ¶ (C), a take-home Food container refilled with Food that is not Potentially Hazardous (Time/Temperature Control for Safety Food) shall be cleaned as specified under ¶ 4-603.17(B).

(C) Personal take-out Beverage containers, such as thermally insulated bottles, nonspill coffee cups, and promotional Beverage glasses, may be refilled by Employees or the Consumer if refilling is a contamination-free process as specified under ¶¶ 4-204.13(A), (B), and (D).

3-305 Preventing Contamination from the Premises

3-305.11 Food Storage.

(A) Except as specified in ¶¶ (B) and (C) of this section, Food shall 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 15 cm (6 inches) above the floor.

(B)Food in packages and working containers may be stored less than 15 cm (6 inches) above the floor on case lot handling Equipment as specified under §4-204.122.

(C) Pressurized Beverage containers, cased Food in waterproof containers such as bottles or cans, and milk containers in plasticcrates may be stored on a floor that is clean and not exposed to floor moisture.

3-305.12 Food Storage, Prohibited Areas.

Food may 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 lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;

(H) Under open stairwells; or

(I) Under other sources of contamination.

3-305.13 Vended Potentially Hazardous Food, (Time/Temperature Control for Safety Food), Original Container.

Potentially Hazardous (Time/Temperature Control for Safety Food) dispensed through a Vending Machine shall be in the package in which it was placed at the Food Establishment or Food Processing Plant at which it was prepared.

3-305.14 Food Preparation.

During preparation, unpackaged Food shall be protected from environmental sources of contamination.

3-306 Preventing Contamination by Consumers

3-306.11 Food Display.*

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 shall be protected from contamination by the use of packaging; counter, service line, or salad bar Food guards; display cases; or other effective means.

3-306.12 Condiments, Protection.

(A) Condiments shall 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 packages or portions.

(B) Condiments at a Vending Machine Location shall be in individual packages or provided in dispensers that are filled at an Approved location, such as the Food or Eating Establishment that provides Food to the Vending Machine Location, a Food Processing Plant that is regulated by the agency that has jurisdiction over the operation, or a properly equipped facility that is located on the site of the Vending Machine Location.

3-306.13 Consumer Self-Service Operations.*

(A) Raw, unpackaged animal Food, such as beef, lamb, pork, Poultry, and Fish may not be offered for Consumer self-service. This paragraph does not apply to:

(1)Consumer self-service of Ready-to-Eat Foods at buffets or salad bars that serve Foods such as sushi or raw fish;

(2) Ready-to-cook individual portions for immediate cooking and consumption on the Premises such as Consumer-cooked Meats or Consumer-selected ingredients for Mongolian barbecue; or

(3) Raw, frozen, shell-on shrimp or lobster.

(B)Consumer self-service operations for Ready-to-Eat Foods shall be provided with suitable Utensils or effective dispensing methods that protect the Food from contamination.

(C)Consumer self-service operations such as buffets and salad bars shall be monitored by Food Employees trained in safe operating procedures.

3-306.14 Returned Food and Reservice of Food.*

(A) Except as specified in ¶ (B) of this section, after being served or sold and in the possession of a Consumer, Food that is unused or returned by the Consumer may not be offered as Food for human consumption.

(B) Except as specified under ¶ 3-801.11(G) a container of Food that is not Potentially Hazardous (Time/Temperature Control for Safety Food)may be transferred from one Consumer to another if:

(1) The Food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or

(2) The Food, such as crackers, salt, or pepper, is in an unopened original Package and is maintained in sound condition.

3-307 Preventing Contamination from Other Sources

3-307.11 Miscellaneous Sources of Contamination.

Food shall be protected from contamination that may result from a factor or source not specified under Subparts 3-301 - 3-306.

10- 144 C.M.R. ch. 200, § 3-3