Tenn. Comp. R. & Regs. 1200-23-01-.02

Current through December 10, 2024

Section 1200-23-01-.02 - MANAGEMENT AND PERSONNEL

(1) Supervision.

(a) Responsibility.

1. Assignment.

(i) The permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of operation. (Pf)

(ii) In a food establishment with two or more separately permitted departments that are the legal responsibility of the same permit holder and that are located on the same premises, the permit holder may designate a single person in charge who is present on the premises during all hours of operation and who is responsible for each separately permitted food establishment on the premises.

(b) Knowledge.

1. Demonstration.

(i) Based on the risks inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the department knowledge of foodborne disease prevention, application of the Hazard Analysis and Critical Control Point principles, and the requirements of these rules. The Person in Charge shall demonstrate this knowledge by:

(I) Complying with these rules by having no violations of Priority Items during the current inspection; (Pf)

(II) Being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an Accredited Program; (Pf) or

(III) Responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include:

I. Describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee; (Pf)

II. Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease; (Pf)

III. Describing the symptoms associated with the diseases that are transmissible through food; (Pf)

IV. Explaining the significance of the relationship between maintaining the time and temperature of time/temperature control for safety food and the prevention of foodborne illness; (Pf)

V. Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish; (Pf)

VI. Stating the required food temperatures and times for safe cooking of time/temperature control for safety food including meat, poultry, eggs, and fish; (Pf)

VII. Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of potentially hazardous food time/temperature control for safety food; (Pf)

VIII. Describing the relationship between the prevention of foodborne illness and the management and control of the following:

A. Cross contamination, (Pf)

B. Hand contact with ready-to-eat foods, (Pf)

C. Handwashing; (Pf) and

D. Maintaining the food establishment in a clean condition and in good repair; (Pf)

IX. Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction. (Pf)

X. Explaining the relationship between food safety and providing equipment that is:

A. Sufficient in number and capacity; (Pf) and

B. Properly designed, constructed, located, installed, operated, maintained, and cleaned; (Pf)

XI. Explaining correct procedures for cleaning and sanitizing utensils and food-contact surfaces of equipment; (Pf)

XII. Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections; (Pf)

XIII. Identifying poisonous or toxic materials in the food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to law; (Pf)

XIV. Identifying critical control points in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of these regulations; (Pf)

XV. Explaining the details of how the person in charge and food employees comply with the HACCP plan if a plan is required by the law, this chapter, or an agreement between the department and the food establishment; (Pf)

XVI. Explaining the responsibilities, rights, and authorities assigned by these regulations to the:

A. Food employee, (Pf)

B. Conditional employee, (Pf)

C. Person in charge, (Pf)

D. Department; (Pf) and

XVII. Explaining how the person in charge, food employees, and conditional employees comply with reporting responsibilities and exclusion or restriction of food employees. (Pf)

2. Food Protection Manager Certification

(i) A Person in Charge who demonstrates knowledge by being a food protection manager certified by a food protection manager certification program evaluated and listed by a Conference for Food Protection-recognized accrediting agency as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs is deemed to comply with 1200-23-01-.02(1)(b) 1.(III).

(c) Duties.

1. Person in Charge. The person in charge shall ensure that:

(i) Food establishment operations are not conducted in a private home or in a room used as living or sleeping quarters as specified under 1200-23-01-.06(2)(b) 10; (Pf)

(ii) Persons unnecessary to the food establishment operation are not allowed in the food preparation, food storage, or warewashing areas, except that the person in charge may authorize brief visits and tours if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles are protected from contamination; (Pf)

(iii) Employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with these regulations; (Pf)

(iv) Employees are effectively cleaning their hands, by routinely monitoring the employees' handwashing; (Pf)

(v) Employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees' observations and periodically evaluating foods upon their receipt; (Pf)

(vi) Employees are verifying that foods delivered to the food establishment during non-operating hours are from approved sources and are placed into appropriate storage locations such that they are maintained at the required temperatures, protected from contamination, unadulterated and accurately presented;

(vii) Employees are properly cooking time/temperature control for safety food, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees' routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under 1200-23-01-.04(2)(c) or 1200-23-01-.04(5) (b); (Pf)

(viii) Employees are using proper methods to rapidly cool potentially hazardous foods (time/temperature control for safety foods) that are not held hot or are not for consumption within 4 hours, through daily oversight of the employees' routine monitoring of food temperatures during cooling; (Pf)

(ix) Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed as specified under 1200-23-01-.03(6)(c) that the food is not cooked sufficiently to ensure its safety; (Pf)

(x) Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing; (Pf)

(xi) Consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets as specified under 1200-23-01-.03(3)(d) 6; (Pf)

(xii) Except when approval is obtained from the department as specified in 1200-23-01-.03(3)(a) 1(v), employees are preventing cross-contamination of ready-to-eat food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment; (Pf)

(xiii) Employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties; (Pf)

(xiv) Food employees and conditional employees are informed of their responsibility to report in accordance with law, to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food, as specified under part (2)(a)1; (Pf) and

(xv) Written procedures and plans, where established by this rule and as developed by the food establishment are maintained and implemented as required.

(2) Employee Health

(a) Responsibility of Permit Holder, Person in Charge, and Conditional Employees.

1. The permit holder shall require food employees and conditional employees to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food. A food employee or conditional employee shall report the information in a manner that allows the person in charge to reduce the risk of foodborne disease transmission, including providing necessary additional information, such as the date of onset of symptoms and illness, or of a diagnosis without symptoms, if the food employee or conditional employee:

(i) Has any of the following symptoms:

(I) Vomiting, (P)

(II) Diarrhea, (P)

(III) Jaundice, (P)

(IV) Sore throat with fever, (P) or

(V) A lesion containing pus such as a boil or infected wound that is open or draining and is:

I. On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a single-use glove is worn over the impermeable cover, (P)

II. On exposed portions of the arms, unless the lesion is protected by an impermeable cover, (P) or

III. On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage; (P)

(ii) Has an illness diagnosed by a health practitioner due to:

(I) Norovirus, (P)

(II) Hepatitis A virus, (P)

(III) Shigella spp., (P)

(IV) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, (P) or

(V) Salmonella Typhi or non-Typhi; (P)

(iii) Had a previous illness, diagnosed by a health practitioner, within the past 3 months due to Salmonella Typhi, without having received antibiotic therapy, as determined by a health practitioner; (P)

(iv) Has been exposed to, or is the suspected source of, a confirmed disease outbreak, because the food employee or conditional employee consumed or prepared food implicated in the outbreak, or consumed food at an event prepared by a person who is infected or ill with: (P)

(I) Norovirus within the past 48 hours of the last exposure, (P)

(II) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, or Shigella spp. within the past 3 days of the last exposure, (P)

(III) Salmonella Typhi within the past 14 days of the last exposure, (P) or

(IV) Hepatitis A virus within the past 30 days of the last exposure; (P) or

(v) Has been exposed by attending or working in a setting where there is a confirmed disease outbreak, or living in the same household as, and has knowledge about, an individual who works or attends a setting where there is a confirmed disease outbreak, or living in the same household as, and has knowledge about, an individual diagnosed with an illness caused by:

(I) Norovirus within the past 48 hours of the last exposure, (P)

(II) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, (P) or Shigella spp. within the past 3 days of the last exposure,

(III) Salmonella Typhi within the past 14 days of the last exposure, (P) or

(IV) Hepatitis A virus within the past 30 days of the last exposure. (P)

2. The person in charge shall notify the department when a food employee is:

(i) Jaundiced, (Pf) or

(ii) Diagnosed with an illness due to a pathogen as specified under items 1(ii)(I) - (V) of this subparagraph. (Pf)

3. The person in charge shall ensure that a conditional employee:

(i) Who exhibits or reports a symptom, or who reports a diagnosed illness as specified under subparts 1.(i) - 1.(iii) of this subparagraph, is prohibited from becoming a food employee until the conditional employee meets the criteria for the specific symptoms or diagnosed illness as specified under 1200-23-01-.02(2)(c); (P) and

(ii) Who will work as a food employee in a food establishment that serves a highly susceptible population and reports a history of exposure as specified under subparts 1.(iv) - 1.(v) of this subparagraph, is prohibited from becoming a food employee until the conditional employee meets the criteria as specified under 1200-23-01-.02(2)(c). (P)

4. The person in charge shall ensure that a food employee who exhibits or reports a symptom, or who reports a diagnosed illness or a history of exposure as specified under subparts 1.(i) - 1.(v) of this subparagraph is:

(i) Excluded as specified under 1200-23-01-.02(2)(b) 1.-3., and subparts 4.(i), 5.(i), 6.(i), or 7(i) and in compliance with the provisions specified under 1200-23-01-.02(2)(c) 1.-7; (P) or

(ii) Restricted as specified under 1200-23-01-.02(2)(b), and subparts 4.(ii), 5.(ii), 6.(ii), 7(ii), or 1200-23-01-.02(2)(b) 8. or 9. and in compliance with the provisions specified under 1200-23-01-.02(2)(c) 4.- 9. (P)

5. A food employee or conditional employee shall report to the person in charge the information as specified under part 1. of this subparagraph. (Pf)

6. A food employee shall:

(i) Comply with an exclusion as specified under 1200-23-01-.02(2)(b) 1.- 3., subparts 4.(i), 5.(i), 6.(i), or 7(i) and with the provisions specified under 1200-23-01-.02(2)(c) 4. - 9.; (P) or

(ii) Comply with a restriction as specified under 1200-23-01-.02(2)(b) 4.(ii), 5.(ii), 6.(ii), 7(ii), or 1200-23-01-.02(2)(b) 8. or 9. and comply with the provisions specified under 1200-23-01-.02(2)(c) 4.- 9. (P)

(b) Exclusions and Restrictions. The person in charge shall exclude or restrict a food employee from a food establishment in accordance with the following:

1. Except when the symptom is from a noninfectious condition, exclude a food employee if the food employee is:

(i) Symptomatic with vomiting or diarrhea; (P) or

(ii) Symptomatic with vomiting or diarrhea and diagnosed with an infection from Norovirus, Shigella spp., or Enterohemorrhagic or Shiga toxin-producing E. coli. (P)

2. Exclude a food employee who is:

(i) Jaundiced and the onset of jaundice occurred within the last 7 calendar days, unless the food employee provides to the person in charge written medical documentation from a health practitioner specifying that the jaundice is not caused by hepatitis A virus or other fecal-orally transmitted infection; (P)

(ii) Diagnosed with an infection from hepatitis A virus within 14 calendar days from onset of any illness symptoms, or within 7 calendar days of the onset of jaundice; (P) or

(iii) Diagnosed with an infection from hepatitis A virus without developing symptoms. (P)

3. Exclude a food employee who is diagnosed with an infection from Salmonella Typhi, or reports a previous infection with Salmonella Typhi within the past 3 months as specified under subpart 1200-23-01-.02(2)(a) 1.(iii).( P)

4. If a food employee is diagnosed with an infection from Norovirus and is asymptomatic:

(i) Exclude the food employee who works in a food establishment serving a highly susceptible population; (P) or

(ii) Restrict the food employee who works in a food establishment not serving a highly susceptible population. (P)

5. If a food employee is diagnosed with an infection from Shigella spp. and is asymptomatic:

(i) Exclude the food employee who works in a food establishment serving a highly susceptible population; (P) or

(ii) Restrict the food employee who works in a food establishment not serving a highly susceptible population. (P)

6. If a food employee is diagnosed with an infection from Enterohemorrhagic or Shiga toxin-producing E. coli, and is asymptomatic:

(i) Exclude the food employee who works in a food establishment serving a highly susceptible population; (P) or

(ii) Restrict the food employee who works in a food establishment not serving a highly susceptible population. (P)

7. If a food employee is ill with symptoms of acute onset of sore throat with fever:

(i) Exclude the food employee who works in a food establishment serving a highly susceptible population; (P) or

(ii) Restrict the food employee who works in a food establishment not serving a highly susceptible population. (P)

8. If a food employee is infected with a skin lesion containing pus such as a boil or infected wound that is open or draining and not properly covered as specified under 1200-23-01-.02(2)(a) 1.(i)(V), restrict the food employee. (P)

9. If a food employee is exposed to a foodborne pathogen as specified under 1200-23-01-.02(2)(a) 1.(iv) and (v), restrict the food employee who works in a food establishment serving a highly susceptible population. (P)

(c) Removal, Adjustment, or Retention of Exclusions and Restrictions. The person in charge shall adhere to the following conditions when removing, adjusting, or retaining the exclusion or restriction of a food employee:

1. Except when a food employee is diagnosed with an infection from hepatitis A virus or Salmonella Typhi:

(i) Reinstate a food employee who was excluded as specified under 1200-23-01-.02(2)(b) 1.(i) if the food employee:

(I) Is asymptomatic for at least 24 hours; (P) or

(II) Provides to the person in charge written medical documentation from a health practitioner that states the symptom is from a noninfectious condition. (P)

(ii) If a food employee was diagnosed with an infection from Norovirus and excluded as specified under 1200-23-01-.02(2)(b) 1.(ii):

(I) Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified under subparts 4.(i) or (ii) of this subparagraph are met; (P) or

(II) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified under subparts 4.(i) or (ii) of this subparagraph are met. (P)

(iii) If a food employee was diagnosed with an infection from Shigella spp. and excluded as specified under 1200-23-01-.02(2)(b) 1.(ii):

(iv) If a food employee was diagnosed with an infection from Enterohemorrhagic or Shiga toxin-producing Escherichia coli and excluded as specified under 1200-23-01-.02(2)(b) 1.(ii):

(v) If a food employee was diagnosed with an infection from nontyphoidal Salmonella and excluded as specified under 1200-23-01-.02(2)(b) 1.(ii):

(I) Restrict the food employee, who is asymptomatic, for at least 30 days until conditions for reinstatement as specified under subparts 6.(i) or (ii) of this subparagraph are met; (P) or

(II) Retain the exclusion for the food employee who is symptomatic, until conditions for reinstatement as specified under subparts 6.(i) or (ii) of this subparagraph are met; (P)

2. Reinstate a food employee who was excluded as specified under 1200-23-01-.02(2)(b) 2. if the person in charge obtains approval from the department and one of the following conditions is met;

(i) The food employee has been jaundiced for more than 7 calendar days; (P)

(ii) The anicteric food employee has been symptomatic with symptoms other than jaundice for more than 14 calendar days; (P) or

(iii) The food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a hepatitis A virus infection. (P)

3. Reinstate a food employee who was excluded as specified under 1200-23-01-.02(2)(b) 3. if:

(i) The person in charge obtains approval from the department; (P) and

(ii) The food employee provides to the person in charge written medical documentation from a health practitioner that states the food employee is free from S. Typhi infection. (P)

4. Reinstate a food employee who was excluded as specified under 1200-23-01-.02(2)(b) 1.(ii) or 4.(i) who was restricted under 1200-23-01-.02(2)(b) 4.(ii) if the person in charge obtains approval from the department and one of the following conditions is met:

(ii) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than 48 hours have passed since the food employee became asymptomatic; (P) or

(iii) The food employee was excluded or restricted and did not develop symptoms and more than 48 hours have passed since the food employee was diagnosed. (P)

5. Reinstate a food employee who was excluded as specified under 1200-23-01-.02(2)(b) 1.(ii) or 5.(i) or who was restricted under 1200-23-01-.02(2)(b) 5.(ii) if the person in charge obtains approval from the department and one of the following conditions is met:

(i) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Shigella spp. infection based on test results showing 2 consecutive negative stool specimen cultures that are taken:

(I) Not earlier than 48 hours after discontinuance of antibiotics, (P) and

(II) At least 24 hours apart; (P)

(ii) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than 7 calendar days have passed since the food employee became asymptomatic; (P) or

(iii) The food employee was excluded or restricted and did not develop symptoms and more than 7 calendar days have passed since the food employee was diagnosed. (P)

6. Reinstate a food employee who was excluded or restricted as specified under 1200-23-01-.02(2)(b) 1.(ii) or 6.(i) or who was restricted under 1200-23-01-.02(2)(b) 6.(ii) if the person in charge obtains approval from the department and one of the following conditions is met:

(i) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of an infection from Enterohemorrhagic or Shiga toxin-producing Escherichia coli based on test results that show 2 consecutive negative stool specimen cultures that are taken:

(I) Not earlier than 48 hours after discontinuance of antibiotics; (P) and

(II). At least 24 hours apart; (P)

(ii) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved and more than 7 calendar days have passed since the food employee became asymptomatic; (P) or

(iii) The food employee was excluded or restricted and did not develop symptoms and more than 7 days have passed since the food employee was diagnosed. (P)

7. Reinstate a food employee who was excluded as specified under 1200-23-01-.02(2)(b) or who was restricted as specified under 1200-23-01-.02(2)(b) if the person in charge receives approval from the department and one of the following conditions is met

(i) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of nontyphoidal Salmonella infection based on test results showing two consecutive negative stool specimen cultures that are taken:

(I) Not earlier than 48 hours after the discontinuance of antibiotics (P); and

(II) At least 24 hours apart;(P)

(ii) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved and more than 7 calendar days have passed since the food employee became asymptomatic; (P) or

(iii) The food employee was excluded or restricted and did not develop symptoms and more than 7 days have passed since the food employee was diagnosed. (P)

8. Reinstate a food employee who was excluded or restricted as specified under 1200-23-01-.02(2)(b) 7.(i) or (ii) if the food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee meets one of the following conditions:

(i) Has received antibiotic therapy for Streptococcus pyogenes infection for more than 24 hours; (P)

(ii) Has at least one negative throat specimen culture for Streptococcus pyogenes infection; (P) or

(iii) Is otherwise determined by a health practitioner to be free of a Streptococcus pyogenes infection. (P)

9. Reinstate a food employee who was restricted as specified under 1200-23-01-.02(2)(b) 8. if the skin, infected wound, cut, or pustular boil is properly covered with one of the following:

(i) An impermeable cover such as a finger cot or stall and a single-use glove over the impermeable cover if the infected wound or pustular boil is on the hand, finger, or wrist; (P)

(ii) An impermeable cover on the arm if the infected wound or pustular boil is on the arm; (P) or

(iii) A dry, durable, tight-fitting bandage if the infected wound or pustular boil is on another part of the body. (P)

10. Reinstate a food employee who was restricted as specified under 1200-23-01-.02(2)(b) 9. and was exposed to one of the following pathogens as specified under 1200-23-01-.02(2)(a) 1.(iv) or (v):

(i) Norovirus and one of the following conditions is met:

(I) More than 48 hours have passed since the last day the food employee was potentially exposed; (P) or

(II) More than 48 hours have passed since the food employee's household contact became asymptomatic. (P)

(ii) Shigella spp. or Enterohemorrhagic or Shiga toxin-producing Escherichia coli and one of the following conditions are met:

(I) More than 3 calendar days have passed since the last day the food employee was potentially exposed; (P) or

(II) More than 3 calendar days have passed since the food employee's household contact became asymptomatic. (P)

(iii) S. Typhi and one of the following conditions are met:

(I) More than 14 calendar days have passed since the last day the food employee was potentially exposed; (P) or

(II) More than 14 calendar days have passed since the food employee's household contact became asymptomatic. (P)

(iv) Hepatitis A virus and one of the following conditions is met:

(I) The food employee is immune to hepatitis A virus infection because of a prior illness from hepatitis A; (P)

(II) The food employee is immune to hepatitis A virus infection because of vaccination against hepatitis A; (P)

(III) The food employee is immune to hepatitis A virus infection because of IgG administration; (P)

(IV) More than 30 calendar days have passed since the last day the food employee was potentially exposed; (P)

(V) More than 30 calendar days have passed since the food employee's household contact became jaundiced; (P) or

(VI) The food employee does not use an alternative procedure that allows bare hand contact with ready-to-eat food until at least 30 days after the potential exposure, as specified in items 9.(iv)(IV) and (V) of this subpart, and the food employee receives additional training about:

I. Hepatitis A symptoms and preventing the transmission of infection, (P)

II. Proper handwashing procedures, (P) and

III. Protecting ready-to-eat food from contamination introduced by bare hand contact. (P)

(3) Personal Cleanliness

(a) Clean Condition. Food employees shall keep their hands and exposed portions of their arms clean. (P)

(b) Cleaning Procedure.

1. Except as specified in 4. of this subparagraph, food employees shall clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands or arms for at least 20 seconds, using a cleaning compound in a handwashing sink that is equipped as specified under 1200-23-01-.05(2)(b) 2 and/or 1200-23-01-.06(3)(a). (P)

2. Food employees shall use the following cleaning procedure in the order stated to clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands and arms:

(i) Rinse under clean, running warm water; (P)

(ii) Apply an amount of cleaning compound recommended by the cleaning compound manufacturer; (P)

(iii) Rub together vigorously for at least 10 to 15 seconds while:

(I) Paying particular attention to removing soil from underneath the fingernails during the cleaning procedure, (P) and

(II) Creating friction on the surfaces of the hands and arms or surrogate prosthetic devices for hands and arms, finger tips, and areas between the fingers; (P)

(iv) Thoroughly rinse under clean, running warm water; (P) and

(v) Immediately follow the cleaning procedure with thorough drying using a method as specified under 1200-23-01-.06(3)(a) 3. (P)

3. To avoid recontaminating their hands or surrogate prosthetic devices, food employees may use disposable paper towels or similar clean barriers when touching surfaces such as manually operated faucet handles on a handwashing sink or the handle of a restroom door.

4. If approved and capable of removing the types of soils encountered in the food operations involved, an automatic handwashing facility may be used by food employees to clean their hands or surrogate prosthetic devices.

(c) When to Wash. Food employees shall clean their hands and exposed portions of their arms as specified under 1200-23-01-.02(3)(b) immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles (P) and:

1. After touching bare human body parts other than clean hands and clean, exposed portions of arms; (P)

2. After using the toilet room; (P)

3. After caring for or handling service animals or aquatic animals as specified in 1200-23-01-.02(4)(d) 2.; (P)

4. Except as specified in 1200-23-01-.02(4)(a) 2., after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking; (P)

5. After handling soiled equipment or utensils; (P)

6. During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks; (P)

7. When switching between working with raw food and working with ready-to-eat food; (P)

8. Before donning gloves for working with food; (P) and

9. After engaging in other activities that contaminate the hands. (P)

(d) Where to Wash. Food employees shall clean their hands in a handwashing sink or approved automatic handwashing facility and may not clean their hands in a sink used for food preparation or warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste. (Pf)

(e) Hand Antiseptics.

1. A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap shall:

(i) Comply with one of the following:

(I) Be an approved drug that is listed in the FDA publication Approved Drug Products with Therapeutic Equivalence Evaluations as an approved drug based on safety and effectiveness; (Pf) or

(II) Have active antimicrobial ingredients that are listed in the FDA monograph for OTC Health-Care Antiseptic Drug Products as an antiseptic handwash, (Pf) and

(ii) Comply with one of the following:

(I) Have components that are exempted from the requirement of being listed in federal food additive regulations as specified in 21 CFR § 170.39 - Threshold of regulation for substances used in food-contact articles;(Pf) or

(II) Comply with and be listed in:

I. 21 CFR Part 178 - Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers as regulated for use as a food additive with conditions of safe use, (Pf) or

II. 21 CFR Part 182 - Substances Generally Recognized as Safe, 21 CFR Part 184 - Direct Food Substances Affirmed as Generally Recognized as Safe, or 21 CFR Part 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe for use in contact with food, (Pf) and

III. Be applied only to hands that are cleaned as specified under 1200-23-01-.02(3)(b). (Pf)

2. If a hand antiseptic or a hand antiseptic solution used as a hand dip does not meet the criteria specified under (e)1.(ii) of this paragraph, use shall be:

(i) Followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves; (Pf) or

(ii) Limited to situations that involve no direct contact with food by the bare hands.

3. A hand antiseptic solution used as a hand dip shall be maintained clean and at a strength equivalent to at least 100 mg/L chlorine. (Pf)

(f) Maintenance.

1. Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough. (Pf)

2. Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or artificial fingernails when working with exposed food. (Pf)

(g) Prohibition. Except for a plain ring such as a wedding band, while preparing food, food employees may not wear jewelry including medical information jewelry on their arms and hands.

(h) Clean Condition. Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.

(4) Hygienic Practices

(a) Eating, Drinking, or Using Tobacco.

1. Except as specified in part 2 of this subparagraph, an employee shall eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed food; clean equipment, utensils, and linens; unwrapped single-service and single-use articles; or other items needing protection cannot result.

2. A food employee may drink from a closed beverage container if the container is handled to prevent contamination of:

(i) The employee's hands;

(ii) The container; and

(iii) Exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

(b) Discharges from the Eyes, Nose, and Mouth. Food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth may not work with exposed food; clean equipment, utensils, and linens; or unwrapped single-service or single-use articles.

(c) Effectiveness.

1. Except as provided in part 2. of this subparagraph, food employees shall wear hair restraints such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that are designed and worn to effectively keep their hair from contacting exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

2. This subparagraph does not apply to food employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

(d) Handling Prohibition.

1. Except as specified in part 2. of this subparagraph, food employees may not care for or handle animals that may be present such as patrol dogs, service animals, or pets that are allowed as specified in subparts 1200-23-01-.06(5) (o) 2(i) - (v). (Pf)

2 Food employees with service animals may handle or care for their service animals and food employees may handle or care for fish in aquariums or molluscan shellfish or crustacean in display tanks if they wash their hands as specified under 1200-23-01-.02(3)(b) and 1200-23-01-.02(3)(c) 3.

Tenn. Comp. R. & Regs. 1200-23-01-.02

Original rule filed March 26, 1987; effective May 9, 1987. Repeal and new rule filed August 24, 2000; effective November 7, 2000. Amendment filed October 22, 2004; effective January 5, 2005. Repeal and new rule filed April 17, 2015; effective 7/16/2015.

Authority: T.C.A. §§ 68-14-701 through 68-14-726.