Evaluation Tool: Food Program STANDARD 1: Regulatory Foundation Ordinances Source Materials March 2, 2012 Version Evaluation Criteria Comments Rating (0-2) a. Has the Board passed ordinances referring to: (1) statutes and rules, as listed in the SCOPE of the Delegation Agreement, (2) the Minnesota Food Code, and (3) Food Manager Certification requirements? b. Have ordinances been revised as needed to be consistent with current statutes and rules? c. If applicable ordinances were changed since the previous program evaluation, were they sent to MDH for review prior to their passage d. Do ordinances describe enforcement tools and procedures, and grant authority for enforcement? e. Do ordinances reference plan review requirements? O f. (MDH only) Has MDH reviewed and responded in writing to its delegated partners regarding proposed ordinances or language changes to existing ordinances, within 30 days of receipt of those changes? g. (MDH only) Has MDH coordinated a review of the Minnesota Food Code following the release of each new FDA Model Food Code or Supplement? Y Y Y Y Y Y a. Current, signed and dated ordinances b. Delegation Agreement application ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions 1 Evaluation Tool: Food Program STANDARD 2: Trained Regulatory Staff March 2, 2012 Version Evaluation Criteria Comments Rating (0-2) O a. Does the Board employ qualified inspection staff as defined in the Delegation Agreement? 1. Inspection b. Are any less qualified staff (as described Staff in the Delegation Agreement) limited to performing inspections that are not mandated by the Delegation Agreement? If the Board has entered into agreements 2. Agreements with other qualified persons to carry out its regular, delegated duties, did the Board with Other Qualified Parties obtain MDH’s written approval before entering into such an agreement? a. Describe the percentage of the Board’s staff that have been standardized. b. Has the Board enrolled in FDA Program Standards? 3. Additional c. Describe the percentage of staff that have Training taken ICS classes (minimum of ICS 100 & 200.) d. Describe other training that staff have received (e.g., MNTrac courses completed). 4. Staffing Transition Plan Y Y W W W W Y a. Does the Board have a written plan that is submitted annually to MDH, to assure adequate program coverage and to address staffing transition in the event of unexpected staffing changes? ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions 2 Evaluation Tool: Food Program March 2, 2012 Version W b. Has that written plan worked effectively during staffing transitions within the evaluation period? c. Has the Board notified MDH within 10 business days of staff departures, when staffing is insufficient to perform the obligations of the Delegation Agreement? Source Materials STANDARD 3: Risk-Based Inspection Program 1. Inspection Forms 2. Risk Assessment a. b. c. d. e. f. Y Position descriptions for all program staff. Organizational charts with RS numbers, if applicable Staff standardization documentation Written staffing transition plan Staff credentials and certifications (e.g. RS/REHS, CPO, CP-FS, CEHT) Training records (e.g. MN Train records, if used) Evaluation Criteria Comments Rating (0-2) Y a. Do the Board’s inspection documents identify risk factors, health and safety hazards, and interventions? b. Does the Board’s inspection form describe In/Out/NO/NA status for all risk factors, health and safety hazards, and interventions? Are establishments categorized as high, medium or low risk in accordance with MN statutes? ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement W Y WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions 3 Evaluation Tool: Food Program 3. Inspection Frequency 4. Written & Implemented Policies Source Materials STANDARD 4: Uniform Inspection Program March 2, 2012 Version O Is the inspection frequency based on MN Statutes 157.20 being met? a. Has the Board developed a documented procedure to address corrective action? b. Has the Board developed a documented procedure that requires discussion of options for long-term control of risk factors, and health and safety hazards? c. Has the Board developed a documented procedure that requires follow-up activities on risk factors, and health and safety violations? d. Has the Board developed a documented, implemented procedure on variance requests related to risk factors, health and safety hazards, and interventions? e. Has the Board submitted to MDH any copies of variances granted, within 30 days of issuance? f. Does the Board have a documented procedure for verification and validation of HACCP plans? Y W Y Y Y W a. Copies of inspection reports/forms b. List of licensed facilities, with risk categories c. Inspection frequency data for the past three years d. Documented procedures referenced in 4.a-f above e. Other compliance forms or documents f. Copies of variances, as requested Evaluation Criteria ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement Comments Rating (0-2) WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions 4 Evaluation Tool: Food Program 1. Plan Review 2. Licensing & Data Management 3. Inspections & Written Reports March 2, 2012 Version Y a. Does the Board conduct and adequately document plan review for each new construction, renovation, or conversion of licensed establishments, as required in the Food Code? b. Does the Board license only those food establishments for which plan review is complete and approved? c. Does the Board maintain adequate documentation throughout the plan review process? d. Is documentation maintained for water and sewer system approval as reviewed by the appropriate authority? a. Is the Board required by policy to license establishments on an annual basis? Y W W Y Y b. Does the Board maintain a current list of establishments (including establishment name, address and risk category)? c. Does the Board provide Statewide Hospitality Fee data on all licensed establishments to MDH by the annual deadline? a. Are inspections conducted by qualified inspection staff, as described in the Delegation Agreement? b. Does the Board encourage active managerial control concepts in all food establishments? c. Does the Board incorporate education into the inspection process? ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement Y O Y Y WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions 5 Evaluation Tool: Food Program March 2, 2012 Version Y d. Are written reports complete and accurate, and do they describe compliance activities? e. Are statutes, rules and ordinances interpreted accurately and consistently? f. Has the Board submitted a proposal of alternative inspection methods and practices for use in the jurisdiction as required by statute? Source Materials STANDARD 5: Illness & Injury Investigation & Response 1. Protocol for Investigating Complaints 2. Complaints Y Y a. Files for randomly selected facilities b. List of licensed establishments with assigned risk category c. Description of licensing category definitions and descriptions, including for all permanent and temporary establishments d. Relevant ordinances, policies and guidance documents e. Copy of plan review report(s), application(s)/packet(s), as requested f. Educational or training materials relevant to uniform inspection that the board wishes reviewed Evaluation Criteria Comments Rating (0-2) Y Does the Board utilize the Foodborne Outbreak Protocol developed by MDH or another similar, written protocol, approved by MDH (e.g., IAFPs “Procedures to Investigate Foodborne Illness”)? a. Does the Board maintain a log or database for all complaints alleging injury, health and safety hazards, or foodborne or waterborne illness? b. Does the Board follow-up on all injury, health and safety hazard, and foodborne/waterborne illness complaints ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement W W WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions 6 Evaluation Tool: Food Program March 2, 2012 Version within one business day? 3. Program Coverage Source Materials W c. Are investigation reports filed or linked to the records of the establishment? d. Does the Board transmit all foodborne or waterborne illness complaints to MDH within one business day? e. (MDH only) Does MDH refer to its N/A delegated partners any complaints that MDH receives concerning matters under their jurisdiction? Does the Board have qualified staff available for emergency coverage on a 24hour a day basis and have they provided an after-hours contact number to MDH? Y Y Null Y a. Procedures for responding to injury, or food and waterborne illness b. Complaint log and relevant materials c. After hours staffing policy and after-hours contact number STANDARD 6: Compliance & Enforcement Evaluation Criteria Compliance & Enforcement a. Does the Board identify and document violations according to statute, rule and ordinance? b. Does the Board address the identified risk factors and health and safety hazards by: (1) following up or using appropriate enforcement tools, including revocation or suspension, and (2) by maintaining adequate documentation throughout the enforcement process? ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement Comments Rating (0-2) O O WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions 7 Evaluation Tool: Food Program March 2, 2012 Version Y c. Does the Board resolve identified violations within a reasonable time? d. Does the Board maintain records according to its records retention policy? Source Materials STANDARD 7: Industry & Community Relations 1. Work Groups 2. Educational Outreach Source Materials STANDARD 8: Program Resources Y a. Records for randomly selected licensed establishments b. Enforcement policies, procedures and tools Evaluation Criteria Does the Board participate in workgroups, advisory boards, task forces or committees that work to identify, correct, and prevent risk factors and health and safety hazards in licensed establishments? a. Does the Board lead or participate in activities that increase awareness of risk factors, health and safety hazards, and control methods to prevent illness or injury? b. (MDH only) Has MDH been available to advise its delegated partners regarding issues covered under the Delegation Agreement. Comments Rating (0-2) Y W Y N/A Null Any relevant materials the Board wishes to be reviewed. Evaluation Criteria ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement Comments Rating (0-2) WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions 8 Evaluation Tool: Food Program 1. Inspection Ratio (sufficient staffing) 2. Inspection Equipment 3. Funding 4. Data Sharing 5. Professional Development 6. Staff Safety Source Materials March 2, 2012 Version a. Describe the current ratio of qualified inspection staff to the number of licensed establishments. b. (MDH only) Does MDH evaluate its delegated partners’ compliance with the Delegation Agreement to ensure that their programs are adequate to assure compliance by regulated parties to requirements in statutes and rules? Does the Board provide the appropriate inspection equipment to its qualified inspection staff? Describe the source(s) of funding for this program. (Fees, General Fund, etc.) Does the Board maintain all licensing and inspection information in an electronic format and make it available to MDH upon request? Is funding provided for staff training, conference attendance, and other professional development activities? Does the Board provide staff with appropriate safety training and equipment? W Y N/A Null W Y W W a. Electronic licensing and inspection data b. Organizational charts, with RS numbers, if applicable c. Staff credentials and certifications (e.g., RS/REHS, CPO, CP-FS, CEHT) ORANGE: Essential Program Elements defined in statute and/or rule and in the Delegation Agreement YELLOW: Required Program Elements required by the Delegation Agreement WHITE: Value-Added Program Elements - not required by law or the Delegation Agreement, but can help support core functions 9